House File 861 - Reprinted HOUSE FILE 861 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 1005YA) (As Amended and Passed by the House May 18, 2021 ) A BILL FOR An Act relating to appropriations to the justice system, 1 gambling regulatory fees, and creating a bureau of 2 cyber-crime, establishing a department of corrections 3 survivor benefits fund, and including effective date and 4 retroactive applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 861 (2) 89 as/tm/md
H.F. 861 DIVISION I 1 FY 2021-2022 2 APPROPRIATIONS 3 Section 1. DEPARTMENT OF JUSTICE. 4 1. There is appropriated from the general fund of the state 5 to the department of justice for the fiscal year beginning July 6 1, 2021, and ending June 30, 2022, the following amounts, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 a. For the general office of attorney general for 10 salaries, support, maintenance, and miscellaneous purposes, 11 including the prosecuting attorneys training program, matching 12 funds for federal violence against women grant programs, 13 victim assistance grants, the office of drug control policy 14 prosecuting attorney program, and odometer fraud enforcement, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,361,238 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 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 The general office of attorney general may temporarily 24 exceed and draw more than the amount appropriated in this 25 lettered paragraph and incur a negative cash balance as long 26 as there are receivables equal to or greater than the negative 27 balances and the amount appropriated in this lettered paragraph 28 is not exceeded at the close of the fiscal year. 29 b. For victim assistance grants: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 31 The moneys appropriated in this lettered paragraph shall be 32 used to provide grants to care providers providing services to 33 crime victims of domestic abuse or to crime victims of rape and 34 sexual assault. 35 -1- HF 861 (2) 89 as/tm/md 1/ 26
H.F. 861 The balance of the victim compensation fund established 1 in section 915.94 may be used to provide salary and support 2 of not more than 24.00 full-time equivalent positions and to 3 provide maintenance for the victim compensation functions 4 of the department of justice. In addition to the full-time 5 equivalent positions authorized pursuant to this paragraph, 6 7.00 full-time equivalent positions are authorized and shall 7 be used by the department of justice to employ one accountant 8 and four program planners. The department of justice may 9 employ the additional 7.00 full-time equivalent positions 10 authorized pursuant to this paragraph that are in excess of the 11 number of full-time equivalent positions authorized only if 12 the department of justice receives sufficient federal moneys 13 to maintain employment for the additional full-time equivalent 14 positions during the current fiscal year. The department 15 of justice shall only employ the additional 7.00 full-time 16 equivalent positions in succeeding fiscal years if sufficient 17 federal moneys are received during each of those succeeding 18 fiscal years. 19 The department of justice shall transfer at least $150,000 20 from the victim compensation fund established in section 915.94 21 to the victim assistance grant program established in section 22 13.31. 23 Notwithstanding section 8.33, moneys appropriated in this 24 lettered paragraph that remain unencumbered or unobligated at 25 the close of the fiscal year shall not revert but shall remain 26 available for expenditure for the purposes designated until the 27 close of the succeeding fiscal year. 28 c. For legal services for persons in poverty grants as 29 provided in section 13.34: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 31 2. a. The department of justice, in submitting budget 32 estimates for the fiscal year beginning July 1, 2022, pursuant 33 to section 8.23, shall include a report of funding from sources 34 other than amounts appropriated directly from the general fund 35 -2- HF 861 (2) 89 as/tm/md 2/ 26
H.F. 861 of the state to the department of justice or to the office of 1 consumer advocate. These funding sources shall include but 2 are not limited to reimbursements from other state agencies, 3 commissions, boards, or similar entities, and reimbursements 4 from special funds or internal accounts within the department 5 of justice. The department of justice shall also report actual 6 reimbursements for the fiscal year beginning July 1, 2020, 7 and actual and expected reimbursements for the fiscal year 8 beginning July 1, 2021. 9 b. The department of justice shall include the report 10 required under paragraph “a”, as well as information regarding 11 any revisions occurring as a result of reimbursements actually 12 received or expected at a later date, in a report to the 13 general assembly. The department of justice shall submit the 14 report on or before January 15, 2022. 15 3. a. The department of justice shall fully reimburse 16 the costs and necessary related expenses incurred by the Iowa 17 law enforcement academy to continue to employ one additional 18 instructor position who shall provide training for human 19 trafficking-related issues throughout the state. 20 b. The department of justice shall obtain the moneys 21 necessary to reimburse the Iowa law enforcement academy to 22 employ such an instructor from unrestricted moneys from either 23 the victim compensation fund established in section 915.94, the 24 human trafficking victim fund established in section 915.95, or 25 the human trafficking enforcement fund established in 2015 Iowa 26 Acts, chapter 138, section 141. 27 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 28 from the department of commerce revolving fund created in 29 section 546.12 to the office of consumer advocate of the 30 department of justice for the fiscal year beginning July 1, 31 2021, and ending June 30, 2022, the following amount, or so 32 much thereof as is necessary, to be used for the purposes 33 designated: 34 For salaries, support, maintenance, and miscellaneous 35 -3- HF 861 (2) 89 as/tm/md 3/ 26
H.F. 861 purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 4 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 5 1. There is appropriated from the general fund of the state 6 to the department of corrections for the fiscal year beginning 7 July 1, 2021, and ending June 30, 2022, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the operation of the Fort Madison correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,488,273 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,868,225 18 c. For the operation of the Oakdale correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 63,688,978 22 d. For the operation of the Newton correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,390,947 26 e. For the operation of the Mount Pleasant correctional 27 facility, including salaries, support, maintenance, and 28 miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,680,161 30 f. For the operation of the Rockwell City correctional 31 facility, including salaries, support, maintenance, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,841,112 34 g. For the operation of the Clarinda correctional facility, 35 -4- HF 861 (2) 89 as/tm/md 4/ 26
H.F. 861 including salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,647,227 3 Moneys received by the department of corrections as 4 reimbursement for services provided to the Clarinda youth 5 corporation are appropriated to the department and shall be 6 used for the purpose of operating the Clarinda correctional 7 facility. 8 h. For the operation of the Mitchellville correctional 9 facility, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,979,152 12 i. For the operation of the Fort Dodge correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,903,150 16 j. For reimbursement of counties for temporary confinement 17 of prisoners, as provided in sections 901.7, 904.908, and 18 906.17, and for offenders confined pursuant to section 904.513: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 20 k. For federal prison reimbursement, reimbursements for 21 out-of-state placements, and miscellaneous contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 23 2. The department of corrections shall use moneys 24 appropriated in subsection 1 to continue to contract for the 25 services of a Muslim imam and a Native American spiritual 26 leader. 27 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 28 There is appropriated from the general fund of the state to the 29 department of corrections for the fiscal year beginning July 30 1, 2021, and ending June 30, 2022, the following amounts, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 1. For general administration, including salaries and the 34 adjustment of salaries throughout the department, support, 35 -5- HF 861 (2) 89 as/tm/md 5/ 26
H.F. 861 maintenance, employment of an education director to administer 1 a centralized education program for the correctional system, 2 and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,558,227 4 a. It is the intent of the general assembly that each 5 lease negotiated by the department of corrections with a 6 private corporation for the purpose of providing private 7 industry employment of inmates in a correctional institution 8 shall prohibit the private corporation from utilizing inmate 9 labor for partisan political purposes for any person seeking 10 election to public office in this state and that a violation 11 of this requirement shall result in a termination of the lease 12 agreement. 13 b. It is the intent of the general assembly that as a 14 condition of receiving the appropriation provided in this 15 subsection the department of corrections shall not enter into 16 a lease or contractual agreement pursuant to section 904.809 17 with a private corporation for the use of building space for 18 the purpose of providing inmate employment without providing 19 that the terms of the lease or contract establish safeguards to 20 restrict, to the greatest extent feasible, access by inmates 21 working for the private corporation to personal identifying 22 information of citizens. 23 2. For educational programs for inmates at state penal 24 institutions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 26 a. To maximize the funding for educational programs, 27 the department shall establish guidelines and procedures to 28 prioritize the availability of educational and vocational 29 training for inmates based upon the goal of facilitating an 30 inmate’s successful release from the correctional institution. 31 b. The director of the department of corrections may 32 transfer moneys from Iowa prison industries and the canteen 33 operating funds established pursuant to section 904.310, for 34 use in educational programs for inmates. 35 -6- HF 861 (2) 89 as/tm/md 6/ 26
H.F. 861 c. Notwithstanding section 8.33, moneys appropriated in 1 this subsection that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used only for the purposes designated in this 4 subsection until the close of the succeeding fiscal year. 5 3. For the development and operation of the Iowa corrections 6 offender network (ICON) data system: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 8 4. For offender mental health and substance abuse 9 treatment: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 11 5. For department-wide duties, including operations, costs, 12 and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,079,991 14 Notwithstanding section 8.33, moneys appropriated in this 15 section that remain unencumbered or unobligated at the close of 16 the fiscal year shall not revert but shall remain available for 17 expenditure for the purposes designated until the close of the 18 succeeding fiscal year. 19 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 20 SERVICES. 21 1. There is appropriated from the general fund of the state 22 to the department of corrections for the fiscal year beginning 23 July 1, 2021, and ending June 30, 2022, for salaries, support, 24 maintenance, and miscellaneous purposes, the following amounts, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 a. For the first judicial district department of 28 correctional services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,553,865 30 It is the intent of the general assembly that the first 31 judicial district department of correctional services maintains 32 the drug courts operated by the district department. 33 b. For the second judicial district department of 34 correctional services: 35 -7- HF 861 (2) 89 as/tm/md 7/ 26
H.F. 861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,015,201 1 It is the intent of the general assembly that the second 2 judicial district department of correctional services maintains 3 two drug courts to be operated by the district department. 4 c. For the third judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,519,274 7 d. For the fourth judicial district department of 8 correctional services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,941,717 10 e. For the fifth judicial district department of 11 correctional services, including funding for electronic 12 monitoring devices for use on a statewide basis: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,514,230 14 It is the intent of the general assembly that the fifth 15 judicial district department of correctional services maintains 16 the drug court operated by the district department. 17 f. For the sixth judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,431,664 20 It is the intent of the general assembly that the sixth 21 judicial district department of correctional services maintains 22 the drug court operated by the district department. 23 g. For the seventh judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,213,355 26 It is the intent of the general assembly that the seventh 27 judicial district department of correctional services maintains 28 the drug court operated by the district department. 29 h. For the eighth judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,761,954 32 2. There is appropriated from the general fund of the state 33 to the department of corrections for the fiscal year beginning 34 July 1, 2021, and ending June 30, 2022, the following amount, 35 -8- HF 861 (2) 89 as/tm/md 8/ 26
H.F. 861 or so much thereof as is necessary, to be used for the purposes 1 designated: 2 For statewide judicial assistance, support, and pilot 3 projects for judicial district departments of correctional 4 services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 663,219 6 3. Each judicial district department of correctional 7 services, within the moneys available, shall continue programs 8 and plans established within that district to provide for 9 intensive supervision, sex offender treatment, diversion of 10 low-risk offenders to the least restrictive sanction available, 11 job development, and expanded use of intermediate criminal 12 sanctions. 13 4. Each judicial district department of correctional 14 services shall provide alternatives to prison consistent with 15 chapter 901B. The alternatives to prison shall ensure public 16 safety while providing maximum rehabilitation to the offender. 17 A judicial district department of correctional services may 18 also establish a day program. 19 5. The governor’s office of drug control policy shall 20 consider federal grants made to the department of corrections 21 for the benefit of each of the eight judicial district 22 departments of correctional services as local government 23 grants, as defined pursuant to federal regulations. 24 6. The department of corrections shall continue to contract 25 with a judicial district department of correctional services to 26 provide for the rental of electronic monitoring equipment which 27 shall be available statewide. 28 7. The public safety assessment shall not be utilized 29 in pretrial hearings when determining whether to detain or 30 release a defendant before trial, and the use of the public 31 safety assessment pilot program shall be terminated as of the 32 effective date of this subsection, until such time the use of 33 the public safety assessment has been specifically authorized 34 by the general assembly. 35 -9- HF 861 (2) 89 as/tm/md 9/ 26
H.F. 861 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 1 APPROPRIATIONS. Notwithstanding section 8.39, within 2 the moneys appropriated in this Act to the department of 3 corrections, the department may reallocate the moneys 4 appropriated and allocated as necessary to best fulfill the 5 needs of the correctional institutions, administration of 6 the department, and the judicial district departments of 7 correctional services. However, in addition to complying with 8 the requirements of sections 904.116 and 905.8 and providing 9 notice to the legislative services agency, the department 10 of corrections shall also provide notice to the department 11 of management, prior to the effective date of the revision 12 or reallocation of an appropriation made pursuant to this 13 section. The department of corrections shall not reallocate an 14 appropriation or allocation for the purpose of eliminating any 15 program. 16 Sec. 7. INTENT —— REPORTS. 17 1. The department of corrections, in cooperation with 18 townships, the Iowa cemetery associations, and other nonprofit 19 or governmental entities, may use inmate labor during the 20 fiscal year beginning July 1, 2021, to restore or preserve 21 rural cemeteries and historical landmarks. The department, in 22 cooperation with the counties, may also use inmate labor to 23 clean up roads, major water sources, and other water sources 24 around the state. 25 2. On a quarterly basis, the department shall provide 26 a status report regarding private-sector employment to the 27 general assembly beginning on July 1, 2021. The report shall 28 include the number of offenders employed in the private sector, 29 the combined number of hours worked by the offenders, the 30 total amount of allowances, and the distribution of allowances 31 pursuant to section 904.702, including any moneys deposited in 32 the general fund of the state. 33 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 34 corrections shall submit a report on electronic monitoring 35 -10- HF 861 (2) 89 as/tm/md 10/ 26
H.F. 861 to the general assembly by January 15, 2022. The report 1 shall specifically address the number of persons being 2 electronically monitored and break down the number of persons 3 being electronically monitored by offense committed. The 4 report shall also include a comparison of any data from the 5 prior fiscal year with the current fiscal year. 6 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 7 1. As used in this section, unless the context otherwise 8 requires, “state agency” means the government of the state 9 of Iowa, including but not limited to all executive branch 10 departments, agencies, boards, bureaus, and commissions, the 11 judicial branch, the general assembly and all legislative 12 agencies, institutions within the purview of the state board of 13 regents, and any corporation whose primary function is to act 14 as an instrumentality of the state. 15 2. State agencies are encouraged to purchase products from 16 Iowa state industries, as defined in section 904.802, when 17 purchases are required and the products are available from 18 Iowa state industries. State agencies shall obtain bids from 19 Iowa state industries for purchases of office furniture during 20 the fiscal year beginning July 1, 2021, exceeding $5,000 or 21 in accordance with applicable administrative rules related to 22 purchases for the agency. 23 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 24 1. There is appropriated from the general fund of the 25 state to the Iowa law enforcement academy for the fiscal year 26 beginning July 1, 2021, and ending June 30, 2022, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 a. For salaries, support, maintenance, and miscellaneous 30 purposes, including jailer training and technical assistance, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,749 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.25 35 -11- HF 861 (2) 89 as/tm/md 11/ 26
H.F. 861 b. The Iowa law enforcement academy may temporarily exceed 1 and draw more than the amount appropriated in this subsection 2 and incur a negative cash balance as long as there are 3 receivables equal to or greater than the negative balance and 4 the amount appropriated in this subsection is not exceeded at 5 the close of the fiscal year. 6 2. The Iowa law enforcement academy may select at least 7 five automobiles of the department of public safety, division 8 of state patrol, prior to turning over the automobiles to 9 the department of administrative services to be disposed 10 of by public auction, and the Iowa law enforcement academy 11 may exchange any automobile owned by the academy for each 12 automobile selected if the selected automobile is used in 13 training law enforcement officers at the academy. However, any 14 automobile exchanged by the academy shall be substituted for 15 the selected vehicle of the department of public safety and 16 sold by public auction with the receipts being deposited in the 17 depreciation fund maintained pursuant to section 8A.365 to the 18 credit of the department of public safety, division of state 19 patrol. 20 3. The Iowa law enforcement academy shall provide training 21 for domestic abuse and human trafficking-related issues 22 throughout the state. The training shall be offered at no 23 cost to the attendees and the training shall not replace any 24 existing domestic abuse or human trafficking training offered 25 by the academy. 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, 2021, and ending June 30, 2022, 30 the following amounts, or so much thereof as is necessary, to 31 be used for the purposes designated: 32 1. For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -12- HF 861 (2) 89 as/tm/md 12/ 26
H.F. 861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,483,120 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,960,374 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, 2021, and ending June 30, 2022, the 9 following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,285,739 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.53 16 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 17 1. There is appropriated from the general fund of the 18 state to the department of public defense, for the fiscal year 19 beginning July 1, 2021, and ending June 30, 2022, the following 20 amounts, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,916,601 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 254.00 27 2. The department of public defense may temporarily exceed 28 and draw more than the amount appropriated in this section and 29 incur a negative cash balance as long as there are receivables 30 of federal funds equal to or greater than the negative balance 31 and the amount appropriated in this section is not exceeded at 32 the close of the fiscal year. 33 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 34 MANAGEMENT. 35 -13- HF 861 (2) 89 as/tm/md 13/ 26
H.F. 861 1. There is appropriated from the general fund of the state 1 to the department of homeland security and emergency management 2 for the fiscal year beginning July 1, 2021, and ending June 3 30, 2022, the following amounts, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,287,756 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 10 2. The department of homeland security and emergency 11 management may temporarily exceed and draw more than the amount 12 appropriated in this section and incur a negative cash balance 13 as long as there are receivables of federal funds equal to or 14 greater than the negative balance and the amount appropriated 15 in this section is not exceeded at the close of the fiscal 16 year. 17 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 18 from the general fund of the state to the department of public 19 safety for the fiscal year beginning July 1, 2021, and ending 20 June 30, 2022, the following amounts, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 1. For administrative functions, including salaries and the 23 adjustment of salaries throughout the department, the criminal 24 justice information system, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,833,065 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 43.00 28 2. For the division of criminal investigation, including 29 the state’s contribution to the peace officers’ retirement, 30 accident, and disability system provided in chapter 97A in the 31 amount of the state’s normal contribution rate, as defined in 32 section 97A.8, multiplied by the salaries for which the moneys 33 are appropriated, to meet federal fund matching requirements, 34 and for not more than the following full-time equivalent 35 -14- HF 861 (2) 89 as/tm/md 14/ 26
H.F. 861 positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,316,868 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 180.00 3 3. For the criminalistics laboratory fund created in 4 section 691.9: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 6 Notwithstanding section 8.33, moneys appropriated in this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 for expenditure for the purposes designated until the close of 10 the succeeding fiscal year. 11 4. a. For the division of narcotics enforcement, including 12 the state’s contribution to the peace officers’ retirement, 13 accident, and disability system provided in chapter 97A in the 14 amount of the state’s normal contribution rate, as defined in 15 section 97A.8, multiplied by the salaries for which the moneys 16 are appropriated, to meet federal fund matching requirements, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,428,156 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 21 The division of narcotics enforcement is authorized an 22 additional 1.00 full-time equivalent position pursuant to 23 this lettered paragraph that is in excess of the number of 24 full-time equivalent positions authorized for the previous 25 fiscal year only if the division of narcotics enforcement 26 receives sufficient federal moneys to maintain employment 27 for the additional full-time equivalent position during the 28 current fiscal year. The division of narcotics enforcement 29 shall only employ the additional full-time equivalent position 30 in succeeding fiscal years if sufficient federal moneys are 31 received during each of those succeeding fiscal years. 32 b. For the division of narcotics enforcement for undercover 33 purchases: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 35 -15- HF 861 (2) 89 as/tm/md 15/ 26
H.F. 861 5. For the division of state fire marshal, for fire 1 protection services as provided through the state fire service 2 and emergency response council as created in the department, 3 and for the state’s contribution to the peace officers’ 4 retirement, accident, and disability system provided in chapter 5 97A in the amount of the state’s normal contribution rate, 6 as defined in section 97A.8, multiplied by the salaries for 7 which the moneys are appropriated, and for not more than the 8 following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,460,291 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,432,433 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.00 21 It is the intent of the general assembly that members of the 22 state patrol be assigned to patrol the highways and roads in 23 lieu of assignments for inspecting school buses for the school 24 districts. 25 7. For deposit in the sick leave benefits fund established 26 in section 80.42 for all departmental employees eligible to 27 receive benefits for accrued sick leave under the collective 28 bargaining agreement: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 30 8. For costs associated with the training and equipment 31 needs of volunteer fire fighters: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 825,520 33 Notwithstanding section 8.33, moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the 35 -16- HF 861 (2) 89 as/tm/md 16/ 26
H.F. 861 close of the fiscal year shall not revert but shall remain 1 available for expenditure only for the purpose designated in 2 this subsection until the close of the succeeding fiscal year. 3 9. For the public safety interoperable and broadband 4 communications fund established in section 80.44: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 6 10. For the office to combat human trafficking established 7 pursuant to section 80.45, including salaries, support, 8 maintenance, miscellaneous purposes, and for not more than the 9 following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 197,325 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 12 11. For costs associated with the training and equipment 13 needs of volunteer fire fighters: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 15 12. For deposit in the public safety equipment fund 16 established in section 80.48 for the purchase, maintenance, and 17 replacement of equipment used by the department: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 19 Notwithstanding section 8.39, the department of public 20 safety may reallocate moneys appropriated in this section 21 as necessary to best fulfill the needs provided for in the 22 appropriation. However, the department shall not reallocate 23 moneys appropriated to the department in this section unless 24 notice of the reallocation is given to the legislative services 25 agency and the department of management prior to the effective 26 date of the reallocation. The notice shall include information 27 regarding the rationale for reallocating the moneys. The 28 department shall not reallocate moneys appropriated in this 29 section for the purpose of eliminating any program. 30 Sec. 16. GAMING ENFORCEMENT. 31 1. There is appropriated from the gaming enforcement 32 revolving fund created in section 80.43 to the department of 33 public safety for the fiscal year beginning July 1, 2021, and 34 ending June 30, 2022, the following amount, or so much thereof 35 -17- HF 861 (2) 89 as/tm/md 17/ 26
H.F. 861 as is necessary, to be used for the purposes designated: 1 For any direct support costs for agents and officers of 2 the division of criminal investigation’s excursion gambling 3 boat, gambling structure, and racetrack enclosure enforcement 4 activities, including salaries, support, maintenance, and 5 miscellaneous purposes, and for not more than the following 6 full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,211,731 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 9 2. For each additional license to conduct gambling games on 10 an excursion gambling boat, gambling structure, or racetrack 11 enclosure issued during the fiscal year beginning July 1, 2021, 12 there is appropriated from the gaming enforcement fund to the 13 department of public safety for the fiscal year beginning July 14 1, 2021, and ending June 30, 2022, an additional amount of 15 not more than $300,000 to be used for full-time equivalent 16 positions. 17 3. The department of public safety, with the approval of the 18 department of management, may employ no more than three special 19 agents for each additional riverboat or gambling structure 20 regulated after July 1, 2022, and three special agents for 21 each racing facility which becomes operational during the 22 fiscal year which begins July 1, 2022. Positions authorized 23 in this subsection are in addition to the full-time equivalent 24 positions otherwise authorized in this section. 25 Sec. 17. CIVIL RIGHTS COMMISSION. 26 1. There is appropriated from the general fund of the state 27 to the Iowa state civil rights commission for the fiscal year 28 beginning July 1, 2021, and ending June 30, 2022, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purposes designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,318,718 35 -18- HF 861 (2) 89 as/tm/md 18/ 26
H.F. 861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 1 2. The Iowa state civil rights commission may enter into 2 a contract with a nonprofit organization to provide legal 3 assistance to resolve civil rights complaints. 4 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 5 1. There is appropriated from the general fund of the state 6 to the criminal and juvenile justice planning division of the 7 department of human rights for the fiscal year beginning July 8 1, 2021, and ending June 30, 2022, the following amount or 9 so much thereof as is necessary, to be used for the purposes 10 designated: 11 a. For salaries, support, maintenance, and miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,288,368 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.82 16 b. (1) For a single grant to a program located in a city 17 with a higher than average juvenile crime rate as determined 18 by the criminal and juvenile justice planning division and 19 a population greater than 80,000 as determined by the 2010 20 federal decennial census, which may be used for studying, 21 planning, programming, and capital, that is committed to 22 deterring juvenile delinquency through early intervention in 23 the criminal justice system by providing a comprehensive, 24 multifaceted delivery of social services and which shall meet 25 the guiding principles and standards for assessment centers set 26 forth by the national assessment center association: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 28 (2) The program shall use no more than 5 percent of the 29 grant for administrative costs. 30 (3) A city shall not receive a grant under this paragraph, 31 or a similar grant from the state of Iowa, for more than 32 two consecutive fiscal years unless no other city meets the 33 requirements specified in subparagraph (1). 34 2. The justice advisory board and the juvenile justice 35 -19- HF 861 (2) 89 as/tm/md 19/ 26
H.F. 861 advisory council shall coordinate their efforts in carrying out 1 their respective duties relative to juvenile justice. 2 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 3 MANAGEMENT. There is appropriated from the 911 emergency 4 communications fund created in section 34A.7A to the department 5 of homeland security and emergency management for the fiscal 6 year beginning July 1, 2021, and ending June 30, 2022, the 7 following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For implementation, support, and maintenance of the 10 functions of the administrator and program manager under 11 chapter 34A and to employ the auditor of the state to perform 12 an annual audit of the 911 emergency communications fund: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 14 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 15 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 16 Notwithstanding section 714.16C , there is appropriated from the 17 consumer education and litigation fund to the department of 18 justice for the fiscal year beginning July 1, 2021, and ending 19 June 30, 2022, the following amounts, or so much thereof as is 20 necessary, to be used for the purposes 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 29 DIVISION II 30 MISCELLANEOUS APPROPRIATIONS 31 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 32 MANAGEMENT —— APPROPRIATION. There is appropriated from 33 the general fund of the state to the department of homeland 34 security and emergency management for the fiscal year beginning 35 -20- HF 861 (2) 89 as/tm/md 20/ 26
H.F. 861 July 1, 2021, and ending June 30, 2022, the following amount, 1 or so much thereof as is necessary, to be used to conduct a 2 governance and funding of levee districts study: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 4 DIVISION III 5 ATTORNEY GENERAL 6 Sec. 22. Section 85.67, Code 2021, is amended to read as 7 follows: 8 85.67 Administration of fund —— special counsel —— payment of 9 award. 10 The attorney general shall appoint a staff member 11 to represent the treasurer of state and the fund in all 12 proceedings and matters arising under this subchapter. The 13 attorney general shall be reimbursed up to two hundred fifteen 14 four hundred fifty thousand dollars annually from the fund 15 for services provided related to the fund. The commissioner 16 of insurance shall consider the reimbursement to the attorney 17 general as an outstanding liability when making a determination 18 of funding availability under section 85.65A, subsection 19 2 . In making an award under this subchapter, the workers’ 20 compensation commissioner shall specifically find the amount 21 the injured employee shall be paid weekly, the number of weeks 22 of compensation which shall be paid by the employer, the date 23 upon which payments out of the fund shall begin, and, if 24 possible, the length of time the payments shall continue. 25 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as 26 amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa 27 Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163, 28 section 26, is amended to read as follows: 29 SEC. 21. CONSUMER EDUCATION AND LITIGATION 30 FUND. Notwithstanding section 714.16C , for each fiscal 31 year of the period beginning July 1, 2014, and ending June 32 30, 2021 2023 , the annual appropriations in section 714.16C , 33 are increased from $1,125,000 to $1,875,000, and $75,000 to 34 $125,000 respectively. 35 -21- HF 861 (2) 89 as/tm/md 21/ 26
H.F. 861 DIVISION IV 1 INDIGENT DEFENSE 2 Sec. 24. Section 815.7, Code 2021, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5A. For appointments made on or after 5 July 1, 2021, the reasonable compensation shall be calculated 6 on the basis of seventy-six dollars per hour for class “A” 7 felonies, seventy-one dollars per hour for class “B” felonies, 8 and sixty-six dollars per hour for all other cases. 9 DIVISION V 10 GAMBLING —— FEES 11 Sec. 25. Section 99D.14, subsection 2, paragraph a, 12 subparagraph (1), Code 2021, is amended to read as follows: 13 (1) A licensee shall pay a regulatory fee to be charged as 14 provided in this section . In determining the regulatory fee 15 to be charged as provided under this section , the commission 16 shall use the amount appropriated to the commission plus 17 the cost of salaries for no more than three special agents 18 assigned pursuant to the provisions of section 80.25A, for 19 each racetrack that has not been issued a table games license 20 under chapter 99F or no more than three special agents 21 assigned pursuant to the provisions of section 80.25A, for each 22 racetrack that has been issued a table games license under 23 chapter 99F , plus any direct and indirect support costs for the 24 agents, for the division of criminal investigation’s racetrack 25 activities duties pursuant to chapters 99D, 99E, and 99F, and 26 section 80.25A , as the basis for determining the amount of 27 revenue to be raised from the regulatory fee. 28 Sec. 26. Section 99F.10, subsection 4, paragraph a, Code 29 2021, is amended to read as follows: 30 a. In determining the license fees and state regulatory 31 fees to be charged as provided under section 99F.4 and this 32 section , the commission shall use as the basis for determining 33 the amount of revenue to be raised from the license fees and 34 regulatory fees the amount appropriated to the commission plus 35 -22- HF 861 (2) 89 as/tm/md 22/ 26
H.F. 861 the cost of salaries for no more than three special agents for 1 each excursion gambling boat or gambling structure assigned 2 pursuant to the provisions of section 80.25A , plus any direct 3 and indirect support costs for the agents, for the division of 4 criminal investigation’s excursion gambling boat or gambling 5 structure activities duties pursuant to chapters 99D, 99E, and 6 99F, and section 80.25A . 7 Sec. 27. Section 99F.10, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 4A. For the fiscal year beginning July 10 1, 2021, and each fiscal year thereafter, the seven licensees 11 with the lowest adjusted gross receipts for the previous fiscal 12 year shall pay a reduced regulatory fee. The division of 13 criminal investigation shall calculate the regulatory fee to 14 be paid by each licensee using a methodology that reduces the 15 regulatory fee for the seven licensees with the lowest adjusted 16 gross receipts by an amount equivalent to the portion of the 17 regulatory fees associated with one special agent. 18 Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION 19 —— FEES. Notwithstanding section 99F.10, the cost of seven 20 special agent full-time equivalent positions assigned pursuant 21 to section 80.25A, as determined by the commissioner of public 22 safety, shall be credited to the general fund on July 1, 2021. 23 DIVISION VI 24 DEPARTMENT OF PUBLIC SAFETY —— BUREAU OF CYBER-CRIME 25 Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . h. When engaged in the investigation of 28 crimes and the enforcement of laws relating to cyber-crime. 29 Sec. 30. NEW SECTION . 80.40 Bureau of cyber-crime. 30 1. The bureau of cyber-crime is established within the 31 division of criminal investigation of the department. The 32 purpose of the bureau is to investigate crimes with a nexus to 33 the internet or computer technology including but not limited 34 to crimes involving child exploitation and cyber intrusion. 35 -23- HF 861 (2) 89 as/tm/md 23/ 26
H.F. 861 2. The bureau of cyber-crime shall have the authority 1 to conduct investigations and perform forensic analyses 2 of criminal cases involving computer technology and to 3 provide assistance to governmental agencies involved in the 4 investigation of cyber-crime. 5 DIVISION VII 6 DEPARTMENT OF CORRECTIONS 7 Sec. 31. Section 99G.39, Code 2021, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 4A. One hundred thousand dollars in 10 lottery revenues shall be transferred each fiscal year to the 11 department of corrections survivor benefits fund established 12 pursuant to section 904.321 prior to deposit of the lottery 13 revenues in the general fund pursuant to section 99G.40. 14 Sec. 32. NEW SECTION . 509A.13D Health insurance coverage —— 15 surviving spouse and children of certain employees of the Iowa 16 department of corrections. 17 1. For the purposes of this section, “eligible employee of 18 the Iowa department of corrections” means any of the following: 19 a. An employee of the Iowa department of corrections. 20 b. An employee of the Iowa department of corrections whose 21 death has been determined by the department to be the direct 22 and proximate result of a traumatic personal injury incurred in 23 the line of duty, and to whom none of the following applies: 24 (1) The employee’s death resulted from stress, strain, 25 occupational illness, or a chronic, progressive, or congenital 26 illness, including but not limited to a disease of the heart, 27 lungs, or respiratory system, unless a traumatic personal 28 injury was a substantial contributing factor to the employee’s 29 death. 30 (2) The employee’s death was caused by the employee’s 31 intentional misconduct, or by the employee’s intent to cause 32 the employee’s own death. 33 (3) The employee was voluntarily intoxicated at the time of 34 the employee’s death. 35 -24- HF 861 (2) 89 as/tm/md 24/ 26
H.F. 861 (4) The employee was performing the employee’s duties in a 1 grossly negligent manner at the time of the employee’s death. 2 2. a. If the governing body of the state has procured 3 health insurance coverage for its employees under this chapter, 4 the governing body of the state shall permit continuation 5 of existing health insurance coverage or reenrollment in 6 previously existing coverage for the surviving spouse and each 7 surviving child of an eligible employee of the Iowa department 8 of corrections. 9 b. The governing body of the state shall permit continuation 10 of existing health insurance coverage for the surviving spouse 11 and each surviving child of an employee of the Iowa department 12 of corrections who dies and who is reasonably expected to be 13 determined to be an eligible employee of the Iowa department 14 of corrections, until such time as the determination of 15 eligibility is made. 16 3. The governing body of the state shall not be required to 17 pay for the cost of the health insurance under this section; 18 however, the governing body of the state may pay the full cost 19 or a portion of the cost of the health insurance. If the full 20 cost or a portion of the cost of the coverage is not paid by 21 the governing body of the state, the surviving spouse and each 22 surviving child who is eligible for health insurance under this 23 section may elect to continue coverage by paying that portion 24 of the cost of the health insurance not paid by the governing 25 body of the state. 26 4. The governing body of the state shall notify the 27 provider of health insurance coverage for state employees of 28 the identity of the surviving spouse and each surviving child 29 who is to be provided health insurance coverage pursuant to the 30 requirements of this section. 31 5. This section shall not require continuation of health 32 insurance coverage if the surviving spouse or a surviving child 33 who would otherwise be entitled to continuation of health 34 insurance coverage under this section was, through the actions 35 -25- HF 861 (2) 89 as/tm/md 25/ 26
H.F. 861 of the surviving spouse or the surviving child, a substantial 1 contributing factor to the death of the eligible employee of 2 the Iowa department of corrections. 3 Sec. 33. NEW SECTION . 904.321 Department of corrections 4 survivor benefits fund. 5 1. A department of corrections survivor benefits fund is 6 established in the state treasury under the control of the 7 department. The fund shall consist of moneys transferred 8 to the fund pursuant to section 99G.39 and any other moneys 9 appropriated to or deposited in the fund. Moneys in the fund 10 are appropriated to the department for the purposes set forth 11 in subsection 2. 12 2. The department shall distribute the moneys credited to 13 the fund in a fiscal year in the form of grants to nonprofit 14 organizations that provide resources to assist surviving 15 families of eligible employees of the department of corrections 16 killed in the line of duty in paying costs associated with 17 accident or health care coverage pursuant to section 509A.13D. 18 3. Notwithstanding section 8.33, moneys in the fund 19 that remain unencumbered or unobligated at the close of a 20 fiscal year shall not revert but shall remain available for 21 expenditure for the purposes designated. Notwithstanding 22 section 12C.7, subsection 2, interest or earnings on moneys in 23 the fund shall be credited to the fund. 24 Sec. 34. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 Sec. 35. RETROACTIVE APPLICABILITY. This division of this 27 Act applies retroactively to March 1, 2021. 28 -26- HF 861 (2) 89 as/tm/md 26/ 26