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Senate File 2378 - EnrolledAn Actrelating to and making appropriations to the justice
system, modifying certain traffic offenses, fees and fines,
and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
APPROPRIATIONS
Section 1. DEPARTMENT OF JUSTICE.
1. There is appropriated from the general fund of the state
to the department of justice for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
a. For the general office of attorney general for salaries,
support, maintenance, and miscellaneous purposes, including
the prosecuting attorneys training program, victim assistance
grants, office of drug control policy prosecuting attorney
program, and odometer fraud enforcement, and for not more than
the following full-time equivalent positions:
.................................................. $7,732,930
............................................... FTEs232.50
It is the intent of the general assembly that as a condition
of receiving the appropriation provided in this lettered
paragraph, the department of justice shall maintain a record
of the estimated time incurred representing each agency or
department.
b. For victim assistance grants:
.................................................. $ 3,060,000
The funds appropriated in this lettered paragraph shall be
used to provide grants to care providers providing services to
crime victims of domestic abuse or to crime victims of rape and
sexual assault.
The balance of the victim compensation fund established in
section 915.94 may be used to provide salary and support of not
more than 22 FTEs and to provide maintenance for the victim
compensation functions of the department of justice.
The department of justice may transfer moneys from the
victim compensation fund established in section 915.94 to the
victim assistance grant program.
c. For legal services for persons in poverty grants as
-1-provided in section 13.34:
.................................................. $1,930,671
2. a. The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2011, pursuant
to section 8.23, shall include a report of funding from sources
other than amounts appropriated directly from the general fund
of the state to the department of justice or to the office of
consumer advocate. These funding sources shall include but
are not limited to reimbursements from other state agencies,
commissions, boards, or similar entities, and reimbursements
from special funds or internal accounts within the department
of justice. The department of justice shall also report actual
reimbursements for the fiscal year commencing July 1, 2009,
and actual and expected reimbursements for the fiscal year
commencing July 1, 2010.
b. The department of justice shall include the report
required under paragraph “a”, as well as information regarding
any revisions occurring as a result of reimbursements actually
received or expected at a later date, in a report to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system and the legislative services
agency. The department of justice shall submit the report on
or before January 15, 2011.
Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
from the department of commerce revolving fund created in
section 546.12 to the office of consumer advocate of the
department of justice for the fiscal year beginning July 1,
2010, and ending June 30, 2011, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $3,336,344
............................................... FTEs27.00
-2- Sec. 3. DEPARTMENT OF CORRECTIONS FACILITIES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
For the operation of adult correctional institutions,
reimbursement of counties for certain confinement costs, and
federal prison reimbursement, to be allocated as follows:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $39,991,374
As a condition of receiving an appropriation in this
lettered paragraph, the department of corrections shall operate
the John Bennett facility either as an institution of the
department or a community-based correctional facility.
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $30,416,461
As a condition of receiving the appropriation in this
lettered paragraph, the department of corrections shall employ
two part-time registered nurses at the Luster Heights facility,
and shall seek volunteer licensed medical personnel to serve at
the facility.
It is the intent of the general assembly that the department
of corrections fully operate the Luster Heights facility at the
facility’s 88-bed capacity.
As a condition of the moneys appropriated in this lettered
paragraph, the department of corrections shall replace expired
federal funding by expending at least $238,252 for continuation
of a treatment program that prepares offenders for ongoing
therapeutic treatment programs offered by the department and
maintaining at least 4.75 FTEs for the program.
-3- Moneys appropriated in this lettered paragraph shall
provide for one full-time substance abuse counselor for the
Luster Heights facility for the purpose of certification of a
substance abuse program at that facility.
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $55,755,246
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $26,452,257
e. For the operation of the Mt.Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $26,265,257
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $9,324,565
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $23,645,033
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $15,486,586
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
-4-miscellaneous purposes:
.................................................. $29,020,235
j. For reimbursement of counties for temporary confinement
of work release and parole violators, as provided in sections
901.7, 904.908, and 906.17, and for offenders confined pursuant
to section 904.513:
.................................................. $775,092
k. For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
.................................................. $239,411
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam.
Sec. 4. DEPARTMENT OF CORRECTIONS ADMINISTRATION.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For general administration, including salaries, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $4,254,068
(1) It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
lettered paragraph the department of corrections shall not,
except as otherwise provided in subparagraph (3), enter
into a new contract, unless the contract is a renewal of an
existing contract, for the expenditure of moneys in excess of
$100,000 during the fiscal year beginning July 1, 2010, for the
privatization of services performed by the department using
state employees as of July 1, 2010, or for the privatization
of new services by the department without prior consultation
with any applicable state employee organization affected
-5-by the proposed new contract and prior notification of the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system.
(2) It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
(3) It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
lettered paragraph the department of corrections shall not
enter into a lease or contractual agreement pursuant to section
904.809 with a private corporation for the use of building
space for the purpose of providing inmate employment without
providing that the terms of the lease or contract establish
safeguards to restrict, to the greatest extent feasible, access
by inmates working for the private corporation to personal
identifying information of citizens.
b. For educational programs for inmates at state penal
institutions:
.................................................. $1,558,109
As a condition of receiving the appropriation in this
lettered paragraph, the department of corrections shall
transfer at least $300,000 from the canteen operating funds
established pursuant to section 904.310 to be used for
correctional educational programs funded in this lettered
paragraph.
It is the intent of the general assembly that moneys
appropriated in this lettered paragraph shall be used solely
for the purpose indicated and that the moneys shall not be
transferred for any other purpose. In addition, it is the
-6-intent of the general assembly that the department shall
consult with the community colleges in the areas in which the
institutions are located to utilize moneys appropriated in this
lettered paragraph to fund the high school completion, high
school equivalency diploma, adult literacy, and adult basic
education programs in a manner so as to maintain these programs
at the institutions.
To maximize the funding for educational programs, the
department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate’s successful release from the correctional institution.
The director of the department of corrections may transfer
moneys from Iowa prison industries for use in educational
programs for inmates.
Notwithstanding section 8.33, moneys appropriated in this
lettered paragraph that remain unobligated or unexpended at
the close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this lettered paragraph until the close of the succeeding
fiscal year.
c. For the development of the Iowa corrections offender
network (ICON) data system:
.................................................. $424,364
d. For offender mental health and substance abuse
treatment:
.................................................. $22,319
e. For viral hepatitis prevention and treatment:
.................................................. $167,881
2. It is the intent of the general assembly that the
department of corrections shall continue to operate the
correctional farms under the control of the department at
the same or greater level of participation and involvement
as existed as of June 30, 2011; shall not enter into any
rental agreement or contract concerning any farmland under
-7-the control of the department that is not subject to a rental
agreement or contract as of January 1, 2010, without prior
legislative approval; and shall further attempt to provide
job opportunities at the farms for inmates. The department
shall attempt to provide job opportunities at the farms for
inmates by encouraging labor-intensive farming or gardening
where appropriate; using inmates to grow produce and meat for
institutional consumption; researching the possibility of
instituting food canning and cook-and-chill operations; and
exploring opportunities for organic farming and gardening,
livestock ventures, horticulture, and specialized crops.
3. The department of corrections shall provide a smoking
cessation program to offenders committed to the custody of the
director or who are otherwise detained by the department, that
complies with legislation enacted restricting or prohibiting
smoking on the grounds of correctional institutions.
4. As a condition of receiving the appropriations made
in this section, the department of corrections shall develop
and implement offender reentry programs in Black Hawk and
Polk counties to provide transitional planning and release
primarily for offenders released from the Iowa correctional
institution for women at Mitchellville and the Fort Dodge
correctional facility. Programming shall include minority
and gender-specific responsivity, employment, substance
abuse treatment, mental health services, housing, and family
reintegration. The department of corrections shall collaborate
with the first and fifth judicial district departments of
correctional services, the Iowa department of workforce
development, the department of human services, community-based
providers and faith-based organizations, and local law
enforcement.
5. The chief security officer position within the
department of corrections shall be eliminated by the effective
date of this subsection.
6. The department shall place inmates at the Luster Heights
-8-facility who have been approved by the board of parole for
work release but who are expected to be waiting in prison
for at least four months for a bed to become available at a
community-based correctional facility, unless the placement
would dislodge an inmate receiving substance abuse treatment.
Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
SERVICES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be allocated as follows:
a. For the first judicial district department of
correctional services:
.................................................. $12,453,082
As a condition of the moneys appropriated in this lettered
paragraph, the department of corrections shall replace expired
federal funding by expending at least $140,000 for the dual
diagnosis program and maintaining 1.25 FTEs for the program.
b. For the second judicial district department of
correctional services:
.................................................. $10,770,616
c. For the third judicial district department of
correctional services:
.................................................. $5,715,578
d. For the fourth judicial district department of
correctional services:
.................................................. $5,522,416
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $18,938,081
As a condition of receiving the appropriation in this
lettered paragraph, the fifth judicial district department of
correctional services shall reinstate 67 beds in buildings 65
-9-and 66 at the Fort Des Moines facility and resume operating the
buildings, in addition to maintaining the 199 beds in buildings
68 and 70 at the Fort Des Moines facility. The district
department may use inmate labor to upgrade and renovate the
buildings, if renovation and updating are required.
f. For the sixth judicial district department of
correctional services:
.................................................. $13,030,356
g. For the seventh judicial district department of
correctional services:
.................................................. $6,846,560
h. For the eighth judicial district department of
correctional services:
.................................................. $6,935,622
2. Each judicial district department of correctional
services, within the funding available, shall continue programs
and plans established within that district to provide for
intensive supervision, sex offender treatment, diversion of
low-risk offenders to the least restrictive sanction available,
job development, and expanded use of intermediate criminal
sanctions.
3. Each judicial district department of correctional
services shall provide alternatives to prison consistent with
chapter 901B. The alternatives to prison shall ensure public
safety while providing maximum rehabilitation to the offender.
A judicial district department of correctional services may
also establish a day program.
4. The governor’s office of drug control policy shall
consider federal grants made to the department of corrections
for the benefit of each of the eight judicial district
departments of correctional services as local government
grants, as defined pursuant to federal regulations.
5. The department of corrections shall continue to contract
with a judicial district department of correctional services to
provide for the rental of electronic monitoring equipment which
-10-shall be available statewide.
6. A judicial district department of correctional services
shall accept into the facilities of the district department,
offenders assigned from other judicial district departments of
correctional services.
Sec. 6. DEPARTMENT OF CORRECTIONS REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within
the moneys appropriated in this Act to the department of
corrections, the department may reallocate the moneys
appropriated and allocated as necessary to best fulfill the
needs of the correctional institutions, administration of
the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department shall not reallocate an appropriation
or allocation for the purpose of eliminating any program.
Sec. 7. INTENT REPORTS.
1. The department in cooperation with townships, the Iowa
cemetery associations, and other nonprofit or governmental
entities may use inmate labor during the fiscal year beginning
July 1, 2010, to restore or preserve rural cemeteries and
historical landmarks. The department in cooperation with the
counties may also use inmate labor to clean up roads, major
water sources, and other water sources around the state.
2. Each month the department shall provide a status report
regarding private-sector employment to the legislative services
agency beginning on July 1, 2010. The report shall include
the number of offenders employed in the private sector, the
combined number of hours worked by the offenders, and the
total amount of allowances, and the distribution of allowances
pursuant to section 904.702, including any moneys deposited in
-11-the general fund of the state.
Sec. 8. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring to
the general assembly, to the co-chairpersons and the ranking
members of the joint appropriations subcommittee on the justice
system, and to the legislative services agency by January
15, 2011. The report shall specifically address the number
of persons being electronically monitored and break down the
number of persons being electronically monitored by offense
committed. The report shall also include a comparison of any
data from the prior fiscal year with the current year.
Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, “state agency” means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are hereby encouraged to purchase
products from Iowa state industries, as defined in section
904.802, when purchases are required and the products are
available from Iowa state industries. State agencies shall
obtain bids from Iowa state industries for purchases of
office furniture during the fiscal year beginning July 1,
2010, exceeding $5,000 or in accordance with applicable
administrative rules related to purchases for the agency.
Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from
the general fund of the state to the office of the state public
defender of the department of inspections and appeals for the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the following amounts, or so much thereof as is necessary, to
be allocated as follows for the purposes designated:
1. For salaries, support, maintenance, miscellaneous
-12-purposes, and for not more than the following full-time
equivalent positions:
.................................................. $21,743,182
............................................... FTEs203.00
2. For the fees of court-appointed attorneys for indigent
adults and juveniles, in accordance with section 232.141 and
chapter 815:
.................................................. $15,680,929
Sec. 11. IOWA LAW ENFORCEMENT ACADEMY.
1. There is appropriated from the general fund of the
state to the Iowa law enforcement academy for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
including jailer training and technical assistance, and for not
more than the following full-time equivalent positions:
.................................................. $1,049,430
............................................... FTEs30.55
It is the intent of the general assembly that the Iowa law
enforcement academy may provide training of state and local
law enforcement personnel concerning the recognition of and
response to persons with Alzheimer’s disease.
The Iowa law enforcement academy may temporarily exceed and
draw more than the amount appropriated and incur a negative
cash balance as long as there are receivables equal to or
greater than the negative balance and the amount appropriated
in this subsection is not exceeded at the close of the fiscal
year.
2. The Iowa law enforcement academy may select at least
five automobiles of the department of public safety, division
of state patrol, prior to turning over the automobiles to
the department of administrative services to be disposed
of by public auction, and the Iowa law enforcement academy
may exchange any automobile owned by the academy for each
-13-automobile selected if the selected automobile is used in
training law enforcement officers at the academy. However, any
automobile exchanged by the academy shall be substituted for
the selected vehicle of the department of public safety and
sold by public auction with the receipts being deposited in the
depreciation fund to the credit of the department of public
safety, division of state patrol.
Sec. 12. BOARD OF PAROLE. There is appropriated from the
general fund of the state to the board of parole for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $1,045,259
............................................... FTEs13.50
Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is
appropriated from the general fund of the state to the
department of public defense for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. MILITARY DIVISION
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $6,249,201
............................................... FTEs324.00
The military division may temporarily exceed and draw more
than the amount appropriated and incur a negative cash balance
as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this subsection is not exceeded at the close of the fiscal
year.
-14- 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $2,038,119
............................................... FTEs33.00
The homeland security and emergency management division may
temporarily exceed and draw more than the amount appropriated
and incur a negative cash balance as long as there are
receivables of federal funds equal to or greater than the
negative balance and the amount appropriated in this subsection
is not exceeded at the close of the fiscal year.
It is the intent of the general assembly that the homeland
security and emergency management division work in conjunction
with the department of public safety, to the extent possible,
when gathering and analyzing information related to potential
domestic or foreign security threats, and when monitoring such
threats.
Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
from the general fund of the state to the department of public
safety for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For the department’s administrative functions, including
the criminal justice information system, and for not more than
the following full-time equivalent positions:
.................................................. $4,134,461
............................................... FTEs36.00
2. For the division of criminal investigation, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the funds
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
-15-positions:
.................................................. $12,861,710
............................................... FTEs162.10
If any of the Indian tribes fail to pay for 1.00 FTE pursuant
to the agreements or compacts entered into between the state
and the Indian tribes pursuant to section 10A.104, subsection
10, the number of full-time equivalent positions authorized
under this subsection is reduced by 1.00 FTE.
The department shall employ one additional special agent and
one additional criminalist for the purpose of investigating
cold cases. Prior to employing the additional special agent
and criminalist authorized in this paragraph, the department
shall provide a written statement to prospective employees that
states to the effect that the positions are being funded by a
temporary federal grant and there are no assurances that funds
from other sources will be available after the federal funding
expires. If the federal funding for the additional positions
expires during the fiscal year, the number of full-time
equivalent positions authorized in this subsection is reduced
by 2.00 FTEs.
The department of public safety, with the approval of the
department of management, may employ no more than two special
agents and four gaming enforcement officers for each additional
riverboat or gambling structure regulated after July 1, 2010,
and one special agent for each racing facility which becomes
operational during the fiscal year which begins July 1, 2010.
One additional gaming enforcement officer, up to a total of
four per riverboat or gambling structure, may be employed
for each riverboat or gambling structure that has extended
operations to 24 hours and has not previously operated with a
24-hour schedule. Positions authorized in this paragraph are
in addition to the full-time equivalent positions otherwise
authorized in this subsection.
3. For the criminalistics laboratory fund created in
section 691.9:
-16-.................................................. $302,345
4. a. For the division of narcotics enforcement, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the funds
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
.................................................. $6,507,048
............................................... FTEs75.00
b. For the division of narcotics enforcement for undercover
purchases:
.................................................. $109,042
5. For the division of state fire marshal, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for the state’s contribution to the peace officers’
retirement, accident, and disability system provided in chapter
97A in the amount of the state’s normal contribution rate, as
defined in section 97A.8, multiplied by the salaries for which
the funds are appropriated, and for not more than the following
full-time equivalent positions:
.................................................. $4,343,896
............................................... FTEs57.00
6. For the division of state patrol, for salaries, support,
maintenance, workers’ compensation costs, and miscellaneous
purposes, including the state’s contribution to the peace
officers’ retirement, accident, and disability system provided
in chapter 97A in the amount of the state’s normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the funds are appropriated, and for not more than the
following full-time equivalent positions:
.................................................. $48,984,147
............................................... FTEs503.00
-17- It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
under section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $612,255
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this subsection until the close of the succeeding fiscal year.
Notwithstanding section 8.39, within the moneys appropriated
in this section the department of public safety may reallocate
moneys as necessary to best fulfill the needs provided for
in the appropriation. However, the department shall not
reallocate an appropriation made to the department in this
section unless notice of the reallocation is given to the
legislative services agency and the department of management
prior to the effective date of the reallocation. The notice
shall include information about the rationale for reallocating
the appropriation. The department shall not reallocate
an appropriation made in this section for the purpose of
eliminating any program.
Sec. 15. GAMING ENFORCEMENT. There is appropriated from the
gaming enforcement revolving fund created in section 80.43 to
the department of public safety for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amount,
or so much thereof as is necessary, to be used for the purposes
designated:
-18- For any direct and indirect support costs for agents
and officers of the division of criminal investigation’s
excursion gambling boat, gambling structure, and racetrack
enclosure enforcement activities, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
.................................................. $8,851,775
............................................... FTEs115.00
However, for each additional license to conduct gambling
games on an excursion gambling boat, gambling structure, or
racetrack enclosure issued during the period beginning July 1,
2009, through June 30, 2011, there is appropriated from the
gaming enforcement fund to the department of public safety for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, an additional amount of not more than $521,000 to be
used for not more than 6.00 additional full-time equivalent
positions.
Sec. 16. CIVIL RIGHTS COMMISSION. There is appropriated
from the general fund of the state to the Iowa state civil
rights commission for the fiscal year beginning July 1,
2010, and ending June 30, 2011, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $1,379,861
............................................... FTEs29.50
The Iowa state civil rights commission may enter into
a contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
Sec. 17. EFFECTIVE UPON ENACTMENT. The provision of this
division of this Act eliminating the chief security officer
position within the department of corrections, being deemed of
immediate importance, takes effect upon enactment.
-19-DIVISION II
COURT COSTS FINES
Sec. 18. Section 805.8A, Code Supplement 2009, is amended
by striking the section and inserting in lieu thereof the
following:
805.8A Motor vehicle and transportation scheduled violations.
1. Parking violations.
a. For parking violations under sections 321.236, 321.239,
321.358, 321.360, and 321.361, the scheduled fine is five
dollars, except if the local authority has established the
fine by ordinance. The scheduled fine for a parking violation
pursuant to section 321.236 increases by five dollars if
authorized by ordinance and if the parking violation is not
paid within thirty days of the date upon which the violation
occurred. For purposes of calculating the unsecured appearance
bond required under section 805.6, the scheduled fine shall
be five dollars, or if the amount of the fine is greater than
five dollars, the unsecured appearance bond shall be the amount
of the fine established by the local authority. However,
violations charged by a city or county upon simple notice of a
fine instead of a uniform citation and complaint required by
section 321.236, subsection 1, paragraph “b”, are not scheduled
violations, and this section shall not apply to any offense
charged in that manner. For a parking violation under section
461A.38, the scheduled fine is ten dollars. For a parking
violation under section 321.362, the scheduled fine is twenty
dollars.
b. For a parking violation under section 321L.2A, subsection
2, the scheduled fine is twenty dollars.
c. For violations under section 321L.2A, subsection 3,
sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
scheduled fine is two hundred dollars.
2. Title and registration violations. For title or
registration violations under the following sections, the
scheduled fine is as follows:
-20- a. 321.17, $50.
b. 321.25, $100.
c. 321.32, $20.
d. 321.34, $20.
e. 321.37, $20.
f. 321.38, $20.
g. 321.41, $20.
h. 321.45, $100.
i. 321.46, $100.
j. 321.47, $100.
k. 321.48, $100.
l. 321.52, $100.
m. 321.55, $50.
n. 321.57, $100.
o. 321.62, $100.
p. 321.67, $100.
q. 321.98, $50.
r. 321.99, $200.
s. 321.104, $100.
t. 321.115, $30.
u. 321.115A, $30.
3. Equipment violations. For equipment violations under the
following sections, the scheduled fine is as follows:
a. 321.234A, $50.
b. 321.247, $100.
c. 321.317, $20.
d. 321.381, $100.
e. 321.381A, $100.
f. 321.382, $25.
g. 321.383, $30.
h. 321.384, $30.
i. 321.385, $30.
j. 321.386, $30.
k. 321.387, $20.
l. 321.388, $20.
-21- m. 321.389, $20.
n. 321.390, $20.
o. 321.392, $20.
p. 321.393, $20.
q. 321.398, $30.
r. 321.402, $30.
s. 321.403, $30.
t. 321.404, $30.
u. 321.404A, $25.
v. 321.409, $30.
w. 321.415, $30.
x. 321.419, $30.
y. 321.420, $30.
z. 321.421, $30.
aa. 321.422, $20.
ab. 321.423, $30.
ac. 321.430, $100.
ad. 321.432, $20.
ae. 321.433, $30.
af. 321.436, $20.
ag. 321.437, for improperly used or nonused, or defective
or improper equipment, other than brakes, driving lights, and
brake lights, $20.
ah. 321.438, $50.
ai. 321.439, $20.
aj. 321.440, $20.
ak. 321.441, $20.
al. 321.442, $20.
am. 321.444, $20.
4. Driver’s license violations. For driver’s license
violations under the following sections, the scheduled
violation is as follows:
a. 321.174, $200.
b. 321.174A, $50.
c. 321.180, $50.
-22- d. 321.180B, $50.
e. 321.193, $50.
f. 321.194, $50.
g. 321.216, $100.
h. 321.216B, $200.
i. 321.216C, $200.
j. 321.219, $200.
k. 321.220, $200.
5. Speed violations.
a. For excessive speed violations in excess of the limit
under section 321.236, subsections 5 and 11, sections 321.285,
and 461A.36, the scheduled fine shall be the following:
(1) Twenty dollars for speed not more than five miles per
hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per
hour of excessive speed over twenty miles per hour over the
limit.
b. Notwithstanding paragraph “a”, for excessive speed
violations in speed zones greater than fifty-five miles per
hour, the scheduled fine shall be:
(1) Twenty dollars for speed not more than five miles per
hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per
-23-hour of excessive speed over twenty miles per hour over the
limit.
c. Excessive speed in whatever amount by a school bus is
not a scheduled violation under any section listed in this
subsection.
d. Excessive speed in conjunction with a violation of
section 321.278 is not a scheduled violation, whatever the
amount of excess speed.
e. For a violation under section 321.295, the scheduled fine
is fifty dollars.
6. Operating violations. For operating violations under the
following sections, the scheduled violation is as follows:
a. 321.236, subsections 3, 4, 9, and 12, $20.
b. 321.275, subsections 1 through 7, $35.
c. 321.277A, $35.
d. 321.288, $100.
e. 321.297, $100.
f. 321.299, $100.
g. 321.302, $100.
h. 321.303, $100.
i. 321.304, subsections 1 and 2, $100.
j. 321.305, $100.
k. 321.306, $100.
l. 321.311, $100.
m. 321.312, $100.
n. 321.314, $100.
o. 321.315, $35.
p. 321.316, $35.
q. 321.318, $35.
r. 321.323, $100.
s. 321.340, $100.
t. 321.353, $100.
u. 321.354, $100.
v. 321.363, $35.
w. 321.365, $35.
-24- x. 321.366, $100.
y. 321.395, $100.
7. Failure to yield or obey violations. For failure to yield
or obey violations under the following sections, the scheduled
violation is as follows:
a. 321.257, subsection 2, for a violation by an operator of
a motor vehicle, $100.
b. 321.298, $100.
c. 321.307, $100.
d. 321.308, $100.
e. 321.313, $100.
f. 321.319, $100.
g. 321.320, $100.
h. 321.321, $100.
i. 321.327, $100.
j. 321.329, $100.
k. 321.333, $100.
8. Traffic sign or signal violations. For traffic sign or
signal violations under the following sections, the scheduled
violation is as follows:
a. 321.236, subsections 2 and 6, $35.
b. 321.256, $100.
c. 321.294, $100.
d. 321.304, subsection 3, $100.
e. 321.322, $100.
9. Bicycle or pedestrian violations. For bicycle or
pedestrian violations under the following sections, the
scheduled fine for a pedestrian or bicyclist is as follows:
a. 321.234, subsections 3 and 4, $25.
b. 321.236, subsection 10, $15.
c. 321.257, subsection 2, $25.
d. 321.275, subsection 8, $25.
e. 321.325, $25.
f. 321.326, $25.
g. 321.328, $25.
-25- h. 321.331, $25.
i. 321.332, $25.
j. 321.397, $25.
k. 321.434, $25.
9A. Electric personal assistive mobility device
violations. For violations under section 321.235A, the
scheduled fine is fifteen dollars.
10. School bus violations.
a. For violations by an operator of a school bus under
sections 321.285 and 321.372, subsections 1 and 2, the
scheduled fine is one hundred dollars. However, an excessive
speed violation by a school bus of more than ten miles per hour
in excess of the limit is not a scheduled violation.
b. For a violation under section 321.372, subsection 3, the
scheduled fine is two hundred dollars.
11. Emergency vehicle violations. For emergency vehicle
violations under the following sections, the scheduled fine is
as follows:
a. 321.231, $100.
b. 321.323A, $100.
c. 321.324, $100.
d. 321.367, $100.
e. 321.368, $100.
12. Restrictions on vehicles.
a. For violations under sections 321.309, 321.310, 321.394,
321.461, and 321.462, the scheduled fine is thirty-five
dollars.
b. For violations under section 321.437, the scheduled fine
is thirty-five dollars.
c. For height, length, width, and load violations under
sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
scheduled fine is two hundred dollars.
d. For violations under section 321.466, the scheduled fine
is twenty dollars for each two thousand pounds or fraction
thereof of overweight.
-26- e. (1) Violations of the schedule of axle and tandem axle
and gross or group of axle weight violations in section 321.463
shall be scheduled violations subject to the provisions,
procedures, and exceptions contained in sections 805.6 through
805.11, irrespective of the amount of the fine under that
schedule.
(a) Violations of the schedule of weight violations shall be
chargeable, where the fine charged does not exceed one thousand
dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where
the fine charged exceeds one thousand dollars shall, when the
violation is admitted and section 805.9 applies, be chargeable
upon uniform citation and complaint, indictment, or county
attorney’s information, but otherwise shall be chargeable only
upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight
violations, the charge shall specify the amount of fine charged
under the schedule. Where a defendant is convicted and the
fine under the foregoing schedule of weight violations exceeds
one thousand dollars, the conviction shall be of an indictable
offense although section 805.9 is employed and whether the
violation is charged upon uniform citation and complaint,
indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the
provisions relating to weight, the scheduled fine is two
hundred dollars.
13. Motor carrier violations.
a. (1) For a violation under section 321.54, the scheduled
fine is thirty dollars.
(2) For violations under sections 326.22 and 326.23, the
scheduled fine is fifty dollars.
b. For a violation under section 321.449, the scheduled fine
is fifty dollars.
c. For violations under sections 321.364, 321.450, 321.460,
and 452A.52, the scheduled fine is two hundred dollars.
-27- d. For violations of section 325A.3, subsection 5, or
section 325A.8, the scheduled fine is one hundred dollars.
e. For violations of chapter 325A, other than a violation of
section 325A.3, subsection 5, or section 325A.8, the scheduled
fine is two hundred fifty dollars.
f. For failure to have proper carrier identification
markings under section 327B.1, the scheduled fine is one
hundred dollars.
g. For failure to have proper evidence of interstate
authority carried or displayed under section 327B.1, and for
failure to register, carry, or display evidence that interstate
authority is not required under section 327B.1, the scheduled
fine is two hundred fifty dollars.
14. Miscellaneous violations.
a. Failure to obey a peace officer. For a violation under
section 321.229, the scheduled fine is one hundred dollars.
b. Abandoning a motor vehicle. For a violation under
section 321.91, the scheduled fine is two hundred dollars.
c. Seat belt or restraint violations.
(1) For a violation under section 321.445, the scheduled
fine is fifty dollars.
(2) For a violation under section 321.446, the scheduled
violation is one hundred dollars.
d. Litter and debris violations. For violations under
sections 321.369 and 321.370, the scheduled fine is seventy
dollars.
e. Open container violations. For violations under sections
321.284 and 321.284A, the scheduled fine is two hundred
dollars.
f. Proof of financial responsibility. If, in connection with
a motor vehicle accident, a person is charged and found guilty
of a violation of section 321.20B, subsection 1, the scheduled
fine is five hundred dollars; otherwise, the scheduled fine for
a violation of section 321.20B, subsection 1, is two hundred
fifty dollars. Notwithstanding section 805.12, fines collected
-28-pursuant to this paragraph shall be submitted to the state
court administrator and distributed fifty percent to the victim
compensation fund established in section 915.94, twenty-five
percent to the county in which such fine is imposed, and
twenty-five percent to the general fund of the state.
g. Radar-jamming devices. For a violation under section
321.232, the scheduled fine is one hundred dollars.
h. Railroad crossing violations. For violations under
sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
the scheduled fine is two hundred dollars.
i. Road work zone violations. The scheduled fine for any
moving traffic violation under chapter 321, as provided in
this section, shall be doubled if the violation occurs within
any road work zone, as defined in section 321.1. However,
notwithstanding subsection 5, the scheduled fine for violating
the speed limit in a road work zone is as follows:
(1) One hundred fifty dollars for speed not more than ten
miles per hour over the posted speed limit.
(2) Three hundred dollars for speed greater than ten but not
more than twenty miles per hour over the posted speed limit.
(3) Five hundred dollars for speed greater than twenty but
not more than twenty-five miles per hour over the posted speed
limit.
(4) One thousand dollars for speed greater than twenty-five
miles per hour over the posted speed limit.
j. Vehicle component parts records violations. For
violations under section 321.95, the scheduled fine is fifty
dollars.
Sec. 19. Section 805.8C, subsection 6, paragraph a, Code
Supplement 2009, is amended to read as follows:
a. If the violation is a first offense, the scheduled fine
is one two hundred dollars.
DIVISION III
PUBLIC SAFETY ENFORCEMENT FUND
Sec. 20. PUBLIC SAFETY ENFORCEMENT FUND ESTABLISHED
-29-TEMPORARY ALLOCATION OF FINES AND FEES.
1. A public safety enforcement fund is created in the
state treasury under the control of the treasurer of state.
Notwithstanding section 602.8108, the state court administrator
shall allocate to the treasurer of state for deposit in the
public safety enforcement fund the first nine million one
hundred thousand dollars of the moneys received under section
602.8108, subsection 2, during the fiscal year beginning July
1, 2010, and ending June 30, 2011. Of the moneys allocated for
deposit into the victim compensation fund pursuant to section
602.8108, subsection 3, the state court administrator shall
allocate to the treasurer of state for deposit in the public
safety enforcement fund the first two hundred thirty-five
thousand dollars of the moneys received during the fiscal year
beginning July 1, 2010, and ending June 30, 2011. Moneys
deposited into the fund are appropriated to the treasurer of
state for allocation as provided in subsection 2.
2. The treasurer of state shall allocate to the following
entities the following amounts from the public safety
enforcement fund for the fiscal year beginning July 1, 2010,
and ending June 30, 2011:
a. To the department of corrections for operations
including but not limited to drug courts and salaries and
support for probation and parole officers, $837,810, and
of the amount allocated in this paragraph, $402,810 shall
be allocated by the department of corrections to the sixth
judicial district department of correctional services, $335,000
shall be allocated to the fifth judicial district department of
correctional services, and $100,000 shall be allocated to the
first judicial district department of correctional services.
b. To the department of corrections for salaries and
support for correctional officers, $2,497,190, and of the
amount allocated in this paragraph, $1,451,000 shall be
allocated by the department of corrections for the operation
of the Fort Madison correctional facility, $846,190 shall be
-30-allocated for the operation of the Luster Heights facility, and
$200,000 shall be allocated for the operation of the Anamosa
correctional facility.
c. To the department of public safety, $150,000, for costs
associated with the training and equipment needs of volunteer
fire fighters.
d. To the department of public safety for salaries and
support for sworn peace officers of the state patrol, $300,000.
e. To the Iowa civil rights commission, $100,000.
f. To the judicial branch, $5,300,000.
g. To the department of justice for salaries and support,
$150,000.
3. Moneys remaining in the fund at or after the close of the
fiscal year shall revert to the general fund of the state.
4. This section is repealed June 30, 2011.
DIVISION IV
GAMING ENFORCEMENT FUND AND MISCELLANEOUS PROVISIONS
Sec. 21. 2010 Iowa Acts, Senate File 2088, section 62, is
amended to read as follows:
SEC. 62. COMMUNITY-BASED CORRECTIONS STATE
ACCOUNTING BUDGETING SYSTEM. Each judicial district
department of correctional services shall utilize the state
accounting budgeting system for purposes of tracking both
appropriations and expenditures. Each judicial district
department shall coordinate its accounting budgeting activities
with the department of management for purposes of implementing
the requirements of this section.
Sec. 22. Section 8A.302, subsection 1, as amended by 2010
Iowa Acts, Senate File 2088, section 71, is amended to read as
follows:
1. Providing a system of uniform standards and
specifications for purchasing. When the system is developed,
all items of general use shall be purchased by state agencies
through the department, except items provided for under
section 904.808 or items used by the state board of regents
-31-and institutions under the control of the state board of
regents. However, the department may authorize the department
of transportation, the department for the blind, and any other
agencies otherwise exempted by law from centralized purchasing,
to directly purchase items used by those agencies without going
through the department, if the department of administrative
services determines such purchasing is in the best interests
of the state. However, items of general use may be purchased
through the department by any governmental entity.
Sec. 23. NEW SECTION. 80.43 Gaming enforcement
revolving fund.
1. A gaming enforcement revolving fund is created in the
state treasury under the control of the department. The fund
shall consist of fees collected and deposited into the fund
paid by licensees pursuant to section 99D.14, subsection 2,
paragraph “b”, and fees paid by licensees pursuant to section
99F.10, subsection 4, paragraph “b”. All costs for agents and
officers plus any direct and indirect support costs for such
agents and officers of the division of criminal investigation’s
racetrack, excursion boat, or gambling structure enforcement
activities shall be paid from the fund as provided in
appropriations made for this purpose by the general assembly.
2. To meet the department’s cash flow needs, the department
may temporarily use funds from the general fund of the state
to pay expenses in excess of moneys available in the revolving
fund if those additional expenditures are fully reimbursable
and the department reimburses the general fund of the state
and ensures all moneys are repaid in full by the close of the
fiscal year. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54.
3. Section 8.33 does not apply to any moneys credited or
appropriated to the revolving fund from any other fund and,
-32-notwithstanding section 12C.7, subsection 2, earnings or
interest on moneys deposited in the revolving fund shall be
credited to the revolving fund.
Sec. 24. Section 99D.14, subsection 2, Code 2009, is amended
to read as follows:
2. a. A licensee shall pay a regulatory fee to be charged
as provided in this section. In determining the regulatory fee
to be charged as provided under this section, the commission
shall use the amount appropriated to the commission plus the
cost of salaries for no more than two special agents for each
racetrack that has not been issued a table games license under
chapter 99F or no more than three special agents for each
racetrack that has been issued a table games license under
chapter 99F, plus any direct and indirect support costs for the
agents, for the division of criminal investigation’s racetrack
activities, as the basis for determining the amount of revenue
to be raised from the regulatory fee.
b. Notwithstanding sections 8.60 and 99D.17, the portion of
the fee paid pursuant to paragraph “a” relating to the costs
of special agents plus any direct and indirect support costs
for the agents, for the division of criminal investigation’s
racetrack activities, shall not be deposited in the general
fund of the state but instead shall be deposited into the
gaming enforcement revolving fund established in section 80.43.
Sec. 25. Section 99F.10, subsection 4, Code 2009, is amended
to read as follows:
4. a. In determining the license fees and state regulatory
fees to be charged as provided under section 99F.4 and this
section, the commission shall use as the basis for determining
the amount of revenue to be raised from the license fees and
regulatory fees the amount appropriated to the commission
plus the cost of salaries for no more than two special agents
for each excursion gambling boat or gambling structure and no
more than four gaming enforcement officers for each excursion
gambling boat or gambling structure with a patron capacity of
-33-less than two thousand persons or no more than five gaming
enforcement officers for each excursion gambling boat or
gambling structure with a patron capacity of at least two
thousand persons, plus any direct and indirect support costs
for the agents and officers, for the division of criminal
investigation’s excursion gambling boat or gambling structure
activities.
b. Notwithstanding sections 8.60 and 99F.4, the portion of
the fee paid pursuant to paragraph “a” relating to the costs
of special agents and officers plus any direct and indirect
support costs for the agents and officers, for the division of
criminal investigation’s excursion gambling boat or gambling
structure activities, shall not be deposited in the general
fund of the state but instead shall be deposited into the
gaming enforcement revolving fund established in section 80.43.
Sec. 26. Section 809A.17, subsection 5, Code 2009, is
amended by adding the following new paragraph:
NEW PARAGRAPH. e. If the forfeited property is cash or
proceeds from the sale of real property the distribution of the
forfeited property shall be as follows:
(1) The department of justice shall not retain more than
ten percent of the gross sale of any forfeited real property.
The balance of the proceeds shall be distributed to the
seizing agency for use by the agency or for division among
law enforcement agencies and county attorneys pursuant to any
agreement entered into by the seizing agency.
(2) The department of justice shall not retain more than
ten percent of any forfeited cash. The balance shall be
distributed to the seizing agency for use by the agency or for
division among law enforcement agencies and county attorneys
pursuant to any agreement entered into by the seizing agency.
(3) In the event of a cash forfeiture in excess of four
hundred thousand dollars the distribution of forfeited cash
shall be as follows:
(a) Forty-five percent shall be retained by the seizing
-34-agency.
(b) Forty-five percent shall be distributed to other law
enforcement agencies within the region of the seizing agency.
(c) Ten percent shall be retained by the department of
justice.
Sec. 27. Section 904.315, subsection 2, Code Supplement
2009, is amended to read as follows:
2. A contract is not required for improvements at a state
institution where the labor of inmates is to be used if the
contract is not for a construction, reconstruction, demolition,
or repair project or improvement with an estimated cost in
excess of fifty one hundred thousand dollars.
Sec. 28. Section 904A.4B, Code 2009, is amended to read as
follows:
904A.4B Executive director of the board of parole duties.
1. The chief administrative officer of the board of
parole shall be the executive director, except as provided in
subsection 2. The executive director shall be appointed by the
chairperson, subject to the approval of the board and shall
serve at the pleasure of the board. The executive director
shall do all of the following:
1. a. Advise the board on matters relating to parole,
work release, and executive clemency, and advise the board on
matters involving automation and word processing.
2. b. Carry out all directives of the board.
3. c. Hire and supervise all of the board’s staff pursuant
to the provisions of chapter 8A, subchapter IV.
4. d. Act as the board’s liaison with the general assembly.
5. e. Prepare a budget for the board, subject to the
approval of the board, and prepare all other reports required
by law.
6. f. Develop long-range parole and work release planning,
in cooperation with the department of corrections.
2. If an executive director is not appointed as provided in
subsection 1, the chairperson shall serve as acting executive
-35-director and perform the administrative duties under subsection
1.
Sec. 29. IOWA COMMUNICATIONS NETWORK. It is the
intent of the general assembly that the executive branch
agencies receiving an appropriation in this Act utilize
the Iowa communications network or secure other electronic
communications in lieu of traveling for the fiscal year
addressed by the appropriations.
Sec. 30. HOMELAND SECURITY AND EMERGENCY MANAGEMENT
DIVISION. There is appropriated from the wireless E911
emergency communications fund created in section 34A.7A to the
administrator of the homeland security and emergency management
division of the department of public defense for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, an
amount not exceeding $200,000 to be used for implementation,
support, and maintenance of the functions of the administrator
and program manager under chapter 34A and to employ the auditor
of the state to perform an annual audit of the wireless E911
emergency communications fund.
Sec. 31. CORRECTIONAL OFFICER AND PEACE OFFICER
PRIORITY. As a condition of receiving an appropriation in
this Act, the department of corrections and the department of
public safety shall make every effort to preserve correctional
officer and peace officer positions through the reduction of
administrative and related overhead costs.
DIVISION V
SCHEDULED FINES CORRESPONDING AMENDMENTS
Sec. 32. Section 321.17, Code 2009, is amended to read as
follows:
321.17 Misdemeanor to violate registration provisions.
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph
“b”, for any person to drive or move or for an owner knowingly
to permit to be driven or moved upon the highway a vehicle of
a type required to be registered under this chapter which is
-36-not registered, or for which the appropriate fees have not been
paid, except as provided in section 321.109, subsection 3.
Sec. 33. Section 321.47, subsection 4, Code 2009, is amended
to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 34. Section 321.98, Code 2009, is amended to read as
follows:
321.98 Operation without registration.
A person shall not operate, and an owner shall not knowingly
permit to be operated upon any highway any vehicle required
to be registered and titled hereunder unless there shall be
attached thereto and displayed thereon when and as required by
this chapter a valid registration card and registration plate
or plates issued therefor for the current registration year and
unless a certificate of title has been issued for such vehicle
except as otherwise expressly permitted in this chapter. Any
violation of this section is a simple misdemeanor punishable
as a scheduled violation under section 805.8A, subsection 2,
paragraph “b”.
Sec. 35. Section 321.99, Code 2009, is amended to read as
follows:
321.99 Fraudulent use of registration.
A person shall not knowingly lend to another a registration
card, registration plate, special plate, or permit issued to
the person if the other person desiring to borrow the card,
plate, or permit would not be entitled to the use of it. A
person shall not knowingly permit the use of a registration
card, registration plate, special plate, or permit issued
to the person by one not entitled to it, nor shall a person
knowingly display upon a vehicle a registration card,
registration plate, special plate, or permit not issued for
that vehicle under this chapter. A person convicted of a
violation of this section is guilty of a simple misdemeanor
-37-punishable as a scheduled violation under section 805.8A,
subsection 2, paragraph “d”.
Sec. 36. Section 321.104, unnumbered paragraph 1, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph
“c”, for any person to commit any of the following acts:
Sec. 37. Section 321.115, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 38. Section 321.115A, subsection 3, Code Supplement
2009, is amended to read as follows:
3. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 39. Section 321.193, unnumbered paragraph 4, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 4, paragraph
“a”, for a person to operate a motor vehicle in any manner in
violation of the restrictions imposed on a restricted license
issued to that person under this section.
Sec. 40. Section 321.216, unnumbered paragraph 1, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 4, paragraph
“b”, for any person:
Sec. 41. Section 321.216B, Code 2009, is amended to read as
follows:
321.216B Use of driver’s license or nonoperator’s
identification card by underage person to obtain alcohol.
A person who is under the age of twenty-one, who alters
or displays or has in the person’s possession a fictitious
-38-or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license to violate or
attempt to violate section 123.47, commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 4, paragraph “c”. The court shall forward a copy of
the conviction to the department.
Sec. 42. Section 321.216C, Code 2009, is amended to read as
follows:
321.216C Use of driver’s license or nonoperator’s
identification card by underage person to obtain cigarettes or
tobacco products.
A person who is under the age of eighteen, who alters
or displays or has in the person’s possession a fictitious
or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license or card to violate
or attempt to violate section 453A.2, subsection 2, commits a
simple misdemeanor punishable as a scheduled violation under
section 805.8A, subsection 4, paragraph “c”. The court shall
forward a copy of the conviction to the department.
Sec. 43. Section 321.219, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 4, paragraph “c”.
Sec. 44. Section 321.220, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 4, paragraph “c”.
Sec. 45. Section 321.234A, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 3, paragraph “f”.
Sec. 46. Section 321.247, unnumbered paragraph 2, Code
-39-2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 3, paragraph “f”.
Sec. 47. Section 321.302, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “d”.
Sec. 48. Section 321.327, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 7, paragraph “b”.
Sec. 49. Section 321.366, unnumbered paragraph 3, Code
2009, is amended to read as follows:
Violations of this section are punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “d”.
Sec. 50. Section 321.381, Code 2009, is amended to read as
follows:
321.381 Movement of unsafe or improperly equipped vehicles.
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 3, paragraph
“f”, for any person to drive or move or for the owner to cause
or knowingly permit to be driven or moved on any highway any
vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person, or which does not contain
those parts or is not at all times equipped with such lamps and
other equipment in proper condition and adjustment as required
in this chapter, or which is equipped with one or more unsafe
tires or which is equipped in any manner in violation of this
chapter.
Sec. 51. Section 321.383, unnumbered paragraph 1, Code
2009, is amended to read as follows:
Any person who violates any provision of this section shall
-40-be fined as provided in section 805.8A, subsection 3, paragraph
“d”.
Sec. 52. Section 321.404A, subsection 2, Code 2009, is
amended to read as follows:
2. A person who violates this section shall be subject to a
scheduled fine under section 805.8A, subsection 3, paragraph
“c”.
Sec. 53. Section 321.421, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 3, paragraph “d”.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
PATRICK J. MURPHY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2378, Eighty-third General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2010
______________________________
CHESTER J. CULVER
-41-
Governor
-42-
system, modifying certain traffic offenses, fees and fines,
and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
APPROPRIATIONS
Section 1. DEPARTMENT OF JUSTICE.
1. There is appropriated from the general fund of the state
to the department of justice for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
a. For the general office of attorney general for salaries,
support, maintenance, and miscellaneous purposes, including
the prosecuting attorneys training program, victim assistance
grants, office of drug control policy prosecuting attorney
program, and odometer fraud enforcement, and for not more than
the following full-time equivalent positions:
.................................................. $7,732,930
............................................... FTEs232.50
It is the intent of the general assembly that as a condition
of receiving the appropriation provided in this lettered
paragraph, the department of justice shall maintain a record
of the estimated time incurred representing each agency or
department.
b. For victim assistance grants:
.................................................. $ 3,060,000
The funds appropriated in this lettered paragraph shall be
used to provide grants to care providers providing services to
crime victims of domestic abuse or to crime victims of rape and
sexual assault.
The balance of the victim compensation fund established in
section 915.94 may be used to provide salary and support of not
more than 22 FTEs and to provide maintenance for the victim
compensation functions of the department of justice.
The department of justice may transfer moneys from the
victim compensation fund established in section 915.94 to the
victim assistance grant program.
c. For legal services for persons in poverty grants as
-1-provided in section 13.34:
.................................................. $1,930,671
2. a. The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2011, pursuant
to section 8.23, shall include a report of funding from sources
other than amounts appropriated directly from the general fund
of the state to the department of justice or to the office of
consumer advocate. These funding sources shall include but
are not limited to reimbursements from other state agencies,
commissions, boards, or similar entities, and reimbursements
from special funds or internal accounts within the department
of justice. The department of justice shall also report actual
reimbursements for the fiscal year commencing July 1, 2009,
and actual and expected reimbursements for the fiscal year
commencing July 1, 2010.
b. The department of justice shall include the report
required under paragraph “a”, as well as information regarding
any revisions occurring as a result of reimbursements actually
received or expected at a later date, in a report to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system and the legislative services
agency. The department of justice shall submit the report on
or before January 15, 2011.
Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
from the department of commerce revolving fund created in
section 546.12 to the office of consumer advocate of the
department of justice for the fiscal year beginning July 1,
2010, and ending June 30, 2011, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $3,336,344
............................................... FTEs27.00
-2- Sec. 3. DEPARTMENT OF CORRECTIONS FACILITIES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
For the operation of adult correctional institutions,
reimbursement of counties for certain confinement costs, and
federal prison reimbursement, to be allocated as follows:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $39,991,374
As a condition of receiving an appropriation in this
lettered paragraph, the department of corrections shall operate
the John Bennett facility either as an institution of the
department or a community-based correctional facility.
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $30,416,461
As a condition of receiving the appropriation in this
lettered paragraph, the department of corrections shall employ
two part-time registered nurses at the Luster Heights facility,
and shall seek volunteer licensed medical personnel to serve at
the facility.
It is the intent of the general assembly that the department
of corrections fully operate the Luster Heights facility at the
facility’s 88-bed capacity.
As a condition of the moneys appropriated in this lettered
paragraph, the department of corrections shall replace expired
federal funding by expending at least $238,252 for continuation
of a treatment program that prepares offenders for ongoing
therapeutic treatment programs offered by the department and
maintaining at least 4.75 FTEs for the program.
-3- Moneys appropriated in this lettered paragraph shall
provide for one full-time substance abuse counselor for the
Luster Heights facility for the purpose of certification of a
substance abuse program at that facility.
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $55,755,246
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $26,452,257
e. For the operation of the Mt.Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $26,265,257
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $9,324,565
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $23,645,033
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $15,486,586
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
-4-miscellaneous purposes:
.................................................. $29,020,235
j. For reimbursement of counties for temporary confinement
of work release and parole violators, as provided in sections
901.7, 904.908, and 906.17, and for offenders confined pursuant
to section 904.513:
.................................................. $775,092
k. For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
.................................................. $239,411
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam.
Sec. 4. DEPARTMENT OF CORRECTIONS ADMINISTRATION.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For general administration, including salaries, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $4,254,068
(1) It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
lettered paragraph the department of corrections shall not,
except as otherwise provided in subparagraph (3), enter
into a new contract, unless the contract is a renewal of an
existing contract, for the expenditure of moneys in excess of
$100,000 during the fiscal year beginning July 1, 2010, for the
privatization of services performed by the department using
state employees as of July 1, 2010, or for the privatization
of new services by the department without prior consultation
with any applicable state employee organization affected
-5-by the proposed new contract and prior notification of the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system.
(2) It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
(3) It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
lettered paragraph the department of corrections shall not
enter into a lease or contractual agreement pursuant to section
904.809 with a private corporation for the use of building
space for the purpose of providing inmate employment without
providing that the terms of the lease or contract establish
safeguards to restrict, to the greatest extent feasible, access
by inmates working for the private corporation to personal
identifying information of citizens.
b. For educational programs for inmates at state penal
institutions:
.................................................. $1,558,109
As a condition of receiving the appropriation in this
lettered paragraph, the department of corrections shall
transfer at least $300,000 from the canteen operating funds
established pursuant to section 904.310 to be used for
correctional educational programs funded in this lettered
paragraph.
It is the intent of the general assembly that moneys
appropriated in this lettered paragraph shall be used solely
for the purpose indicated and that the moneys shall not be
transferred for any other purpose. In addition, it is the
-6-intent of the general assembly that the department shall
consult with the community colleges in the areas in which the
institutions are located to utilize moneys appropriated in this
lettered paragraph to fund the high school completion, high
school equivalency diploma, adult literacy, and adult basic
education programs in a manner so as to maintain these programs
at the institutions.
To maximize the funding for educational programs, the
department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate’s successful release from the correctional institution.
The director of the department of corrections may transfer
moneys from Iowa prison industries for use in educational
programs for inmates.
Notwithstanding section 8.33, moneys appropriated in this
lettered paragraph that remain unobligated or unexpended at
the close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this lettered paragraph until the close of the succeeding
fiscal year.
c. For the development of the Iowa corrections offender
network (ICON) data system:
.................................................. $424,364
d. For offender mental health and substance abuse
treatment:
.................................................. $22,319
e. For viral hepatitis prevention and treatment:
.................................................. $167,881
2. It is the intent of the general assembly that the
department of corrections shall continue to operate the
correctional farms under the control of the department at
the same or greater level of participation and involvement
as existed as of June 30, 2011; shall not enter into any
rental agreement or contract concerning any farmland under
-7-the control of the department that is not subject to a rental
agreement or contract as of January 1, 2010, without prior
legislative approval; and shall further attempt to provide
job opportunities at the farms for inmates. The department
shall attempt to provide job opportunities at the farms for
inmates by encouraging labor-intensive farming or gardening
where appropriate; using inmates to grow produce and meat for
institutional consumption; researching the possibility of
instituting food canning and cook-and-chill operations; and
exploring opportunities for organic farming and gardening,
livestock ventures, horticulture, and specialized crops.
3. The department of corrections shall provide a smoking
cessation program to offenders committed to the custody of the
director or who are otherwise detained by the department, that
complies with legislation enacted restricting or prohibiting
smoking on the grounds of correctional institutions.
4. As a condition of receiving the appropriations made
in this section, the department of corrections shall develop
and implement offender reentry programs in Black Hawk and
Polk counties to provide transitional planning and release
primarily for offenders released from the Iowa correctional
institution for women at Mitchellville and the Fort Dodge
correctional facility. Programming shall include minority
and gender-specific responsivity, employment, substance
abuse treatment, mental health services, housing, and family
reintegration. The department of corrections shall collaborate
with the first and fifth judicial district departments of
correctional services, the Iowa department of workforce
development, the department of human services, community-based
providers and faith-based organizations, and local law
enforcement.
5. The chief security officer position within the
department of corrections shall be eliminated by the effective
date of this subsection.
6. The department shall place inmates at the Luster Heights
-8-facility who have been approved by the board of parole for
work release but who are expected to be waiting in prison
for at least four months for a bed to become available at a
community-based correctional facility, unless the placement
would dislodge an inmate receiving substance abuse treatment.
Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
SERVICES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be allocated as follows:
a. For the first judicial district department of
correctional services:
.................................................. $12,453,082
As a condition of the moneys appropriated in this lettered
paragraph, the department of corrections shall replace expired
federal funding by expending at least $140,000 for the dual
diagnosis program and maintaining 1.25 FTEs for the program.
b. For the second judicial district department of
correctional services:
.................................................. $10,770,616
c. For the third judicial district department of
correctional services:
.................................................. $5,715,578
d. For the fourth judicial district department of
correctional services:
.................................................. $5,522,416
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $18,938,081
As a condition of receiving the appropriation in this
lettered paragraph, the fifth judicial district department of
correctional services shall reinstate 67 beds in buildings 65
-9-and 66 at the Fort Des Moines facility and resume operating the
buildings, in addition to maintaining the 199 beds in buildings
68 and 70 at the Fort Des Moines facility. The district
department may use inmate labor to upgrade and renovate the
buildings, if renovation and updating are required.
f. For the sixth judicial district department of
correctional services:
.................................................. $13,030,356
g. For the seventh judicial district department of
correctional services:
.................................................. $6,846,560
h. For the eighth judicial district department of
correctional services:
.................................................. $6,935,622
2. Each judicial district department of correctional
services, within the funding available, shall continue programs
and plans established within that district to provide for
intensive supervision, sex offender treatment, diversion of
low-risk offenders to the least restrictive sanction available,
job development, and expanded use of intermediate criminal
sanctions.
3. Each judicial district department of correctional
services shall provide alternatives to prison consistent with
chapter 901B. The alternatives to prison shall ensure public
safety while providing maximum rehabilitation to the offender.
A judicial district department of correctional services may
also establish a day program.
4. The governor’s office of drug control policy shall
consider federal grants made to the department of corrections
for the benefit of each of the eight judicial district
departments of correctional services as local government
grants, as defined pursuant to federal regulations.
5. The department of corrections shall continue to contract
with a judicial district department of correctional services to
provide for the rental of electronic monitoring equipment which
-10-shall be available statewide.
6. A judicial district department of correctional services
shall accept into the facilities of the district department,
offenders assigned from other judicial district departments of
correctional services.
Sec. 6. DEPARTMENT OF CORRECTIONS REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within
the moneys appropriated in this Act to the department of
corrections, the department may reallocate the moneys
appropriated and allocated as necessary to best fulfill the
needs of the correctional institutions, administration of
the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department shall not reallocate an appropriation
or allocation for the purpose of eliminating any program.
Sec. 7. INTENT REPORTS.
1. The department in cooperation with townships, the Iowa
cemetery associations, and other nonprofit or governmental
entities may use inmate labor during the fiscal year beginning
July 1, 2010, to restore or preserve rural cemeteries and
historical landmarks. The department in cooperation with the
counties may also use inmate labor to clean up roads, major
water sources, and other water sources around the state.
2. Each month the department shall provide a status report
regarding private-sector employment to the legislative services
agency beginning on July 1, 2010. The report shall include
the number of offenders employed in the private sector, the
combined number of hours worked by the offenders, and the
total amount of allowances, and the distribution of allowances
pursuant to section 904.702, including any moneys deposited in
-11-the general fund of the state.
Sec. 8. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring to
the general assembly, to the co-chairpersons and the ranking
members of the joint appropriations subcommittee on the justice
system, and to the legislative services agency by January
15, 2011. The report shall specifically address the number
of persons being electronically monitored and break down the
number of persons being electronically monitored by offense
committed. The report shall also include a comparison of any
data from the prior fiscal year with the current year.
Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, “state agency” means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are hereby encouraged to purchase
products from Iowa state industries, as defined in section
904.802, when purchases are required and the products are
available from Iowa state industries. State agencies shall
obtain bids from Iowa state industries for purchases of
office furniture during the fiscal year beginning July 1,
2010, exceeding $5,000 or in accordance with applicable
administrative rules related to purchases for the agency.
Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from
the general fund of the state to the office of the state public
defender of the department of inspections and appeals for the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the following amounts, or so much thereof as is necessary, to
be allocated as follows for the purposes designated:
1. For salaries, support, maintenance, miscellaneous
-12-purposes, and for not more than the following full-time
equivalent positions:
.................................................. $21,743,182
............................................... FTEs203.00
2. For the fees of court-appointed attorneys for indigent
adults and juveniles, in accordance with section 232.141 and
chapter 815:
.................................................. $15,680,929
Sec. 11. IOWA LAW ENFORCEMENT ACADEMY.
1. There is appropriated from the general fund of the
state to the Iowa law enforcement academy for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
including jailer training and technical assistance, and for not
more than the following full-time equivalent positions:
.................................................. $1,049,430
............................................... FTEs30.55
It is the intent of the general assembly that the Iowa law
enforcement academy may provide training of state and local
law enforcement personnel concerning the recognition of and
response to persons with Alzheimer’s disease.
The Iowa law enforcement academy may temporarily exceed and
draw more than the amount appropriated and incur a negative
cash balance as long as there are receivables equal to or
greater than the negative balance and the amount appropriated
in this subsection is not exceeded at the close of the fiscal
year.
2. The Iowa law enforcement academy may select at least
five automobiles of the department of public safety, division
of state patrol, prior to turning over the automobiles to
the department of administrative services to be disposed
of by public auction, and the Iowa law enforcement academy
may exchange any automobile owned by the academy for each
-13-automobile selected if the selected automobile is used in
training law enforcement officers at the academy. However, any
automobile exchanged by the academy shall be substituted for
the selected vehicle of the department of public safety and
sold by public auction with the receipts being deposited in the
depreciation fund to the credit of the department of public
safety, division of state patrol.
Sec. 12. BOARD OF PAROLE. There is appropriated from the
general fund of the state to the board of parole for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $1,045,259
............................................... FTEs13.50
Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is
appropriated from the general fund of the state to the
department of public defense for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. MILITARY DIVISION
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $6,249,201
............................................... FTEs324.00
The military division may temporarily exceed and draw more
than the amount appropriated and incur a negative cash balance
as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this subsection is not exceeded at the close of the fiscal
year.
-14- 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $2,038,119
............................................... FTEs33.00
The homeland security and emergency management division may
temporarily exceed and draw more than the amount appropriated
and incur a negative cash balance as long as there are
receivables of federal funds equal to or greater than the
negative balance and the amount appropriated in this subsection
is not exceeded at the close of the fiscal year.
It is the intent of the general assembly that the homeland
security and emergency management division work in conjunction
with the department of public safety, to the extent possible,
when gathering and analyzing information related to potential
domestic or foreign security threats, and when monitoring such
threats.
Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
from the general fund of the state to the department of public
safety for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For the department’s administrative functions, including
the criminal justice information system, and for not more than
the following full-time equivalent positions:
.................................................. $4,134,461
............................................... FTEs36.00
2. For the division of criminal investigation, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the funds
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
-15-positions:
.................................................. $12,861,710
............................................... FTEs162.10
If any of the Indian tribes fail to pay for 1.00 FTE pursuant
to the agreements or compacts entered into between the state
and the Indian tribes pursuant to section 10A.104, subsection
10, the number of full-time equivalent positions authorized
under this subsection is reduced by 1.00 FTE.
The department shall employ one additional special agent and
one additional criminalist for the purpose of investigating
cold cases. Prior to employing the additional special agent
and criminalist authorized in this paragraph, the department
shall provide a written statement to prospective employees that
states to the effect that the positions are being funded by a
temporary federal grant and there are no assurances that funds
from other sources will be available after the federal funding
expires. If the federal funding for the additional positions
expires during the fiscal year, the number of full-time
equivalent positions authorized in this subsection is reduced
by 2.00 FTEs.
The department of public safety, with the approval of the
department of management, may employ no more than two special
agents and four gaming enforcement officers for each additional
riverboat or gambling structure regulated after July 1, 2010,
and one special agent for each racing facility which becomes
operational during the fiscal year which begins July 1, 2010.
One additional gaming enforcement officer, up to a total of
four per riverboat or gambling structure, may be employed
for each riverboat or gambling structure that has extended
operations to 24 hours and has not previously operated with a
24-hour schedule. Positions authorized in this paragraph are
in addition to the full-time equivalent positions otherwise
authorized in this subsection.
3. For the criminalistics laboratory fund created in
section 691.9:
-16-.................................................. $302,345
4. a. For the division of narcotics enforcement, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the funds
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
.................................................. $6,507,048
............................................... FTEs75.00
b. For the division of narcotics enforcement for undercover
purchases:
.................................................. $109,042
5. For the division of state fire marshal, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for the state’s contribution to the peace officers’
retirement, accident, and disability system provided in chapter
97A in the amount of the state’s normal contribution rate, as
defined in section 97A.8, multiplied by the salaries for which
the funds are appropriated, and for not more than the following
full-time equivalent positions:
.................................................. $4,343,896
............................................... FTEs57.00
6. For the division of state patrol, for salaries, support,
maintenance, workers’ compensation costs, and miscellaneous
purposes, including the state’s contribution to the peace
officers’ retirement, accident, and disability system provided
in chapter 97A in the amount of the state’s normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the funds are appropriated, and for not more than the
following full-time equivalent positions:
.................................................. $48,984,147
............................................... FTEs503.00
-17- It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
under section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $612,255
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this subsection until the close of the succeeding fiscal year.
Notwithstanding section 8.39, within the moneys appropriated
in this section the department of public safety may reallocate
moneys as necessary to best fulfill the needs provided for
in the appropriation. However, the department shall not
reallocate an appropriation made to the department in this
section unless notice of the reallocation is given to the
legislative services agency and the department of management
prior to the effective date of the reallocation. The notice
shall include information about the rationale for reallocating
the appropriation. The department shall not reallocate
an appropriation made in this section for the purpose of
eliminating any program.
Sec. 15. GAMING ENFORCEMENT. There is appropriated from the
gaming enforcement revolving fund created in section 80.43 to
the department of public safety for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amount,
or so much thereof as is necessary, to be used for the purposes
designated:
-18- For any direct and indirect support costs for agents
and officers of the division of criminal investigation’s
excursion gambling boat, gambling structure, and racetrack
enclosure enforcement activities, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
.................................................. $8,851,775
............................................... FTEs115.00
However, for each additional license to conduct gambling
games on an excursion gambling boat, gambling structure, or
racetrack enclosure issued during the period beginning July 1,
2009, through June 30, 2011, there is appropriated from the
gaming enforcement fund to the department of public safety for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, an additional amount of not more than $521,000 to be
used for not more than 6.00 additional full-time equivalent
positions.
Sec. 16. CIVIL RIGHTS COMMISSION. There is appropriated
from the general fund of the state to the Iowa state civil
rights commission for the fiscal year beginning July 1,
2010, and ending June 30, 2011, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
positions:
.................................................. $1,379,861
............................................... FTEs29.50
The Iowa state civil rights commission may enter into
a contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
Sec. 17. EFFECTIVE UPON ENACTMENT. The provision of this
division of this Act eliminating the chief security officer
position within the department of corrections, being deemed of
immediate importance, takes effect upon enactment.
-19-DIVISION II
COURT COSTS FINES
Sec. 18. Section 805.8A, Code Supplement 2009, is amended
by striking the section and inserting in lieu thereof the
following:
805.8A Motor vehicle and transportation scheduled violations.
1. Parking violations.
a. For parking violations under sections 321.236, 321.239,
321.358, 321.360, and 321.361, the scheduled fine is five
dollars, except if the local authority has established the
fine by ordinance. The scheduled fine for a parking violation
pursuant to section 321.236 increases by five dollars if
authorized by ordinance and if the parking violation is not
paid within thirty days of the date upon which the violation
occurred. For purposes of calculating the unsecured appearance
bond required under section 805.6, the scheduled fine shall
be five dollars, or if the amount of the fine is greater than
five dollars, the unsecured appearance bond shall be the amount
of the fine established by the local authority. However,
violations charged by a city or county upon simple notice of a
fine instead of a uniform citation and complaint required by
section 321.236, subsection 1, paragraph “b”, are not scheduled
violations, and this section shall not apply to any offense
charged in that manner. For a parking violation under section
461A.38, the scheduled fine is ten dollars. For a parking
violation under section 321.362, the scheduled fine is twenty
dollars.
b. For a parking violation under section 321L.2A, subsection
2, the scheduled fine is twenty dollars.
c. For violations under section 321L.2A, subsection 3,
sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
scheduled fine is two hundred dollars.
2. Title and registration violations. For title or
registration violations under the following sections, the
scheduled fine is as follows:
-20- a. 321.17, $50.
b. 321.25, $100.
c. 321.32, $20.
d. 321.34, $20.
e. 321.37, $20.
f. 321.38, $20.
g. 321.41, $20.
h. 321.45, $100.
i. 321.46, $100.
j. 321.47, $100.
k. 321.48, $100.
l. 321.52, $100.
m. 321.55, $50.
n. 321.57, $100.
o. 321.62, $100.
p. 321.67, $100.
q. 321.98, $50.
r. 321.99, $200.
s. 321.104, $100.
t. 321.115, $30.
u. 321.115A, $30.
3. Equipment violations. For equipment violations under the
following sections, the scheduled fine is as follows:
a. 321.234A, $50.
b. 321.247, $100.
c. 321.317, $20.
d. 321.381, $100.
e. 321.381A, $100.
f. 321.382, $25.
g. 321.383, $30.
h. 321.384, $30.
i. 321.385, $30.
j. 321.386, $30.
k. 321.387, $20.
l. 321.388, $20.
-21- m. 321.389, $20.
n. 321.390, $20.
o. 321.392, $20.
p. 321.393, $20.
q. 321.398, $30.
r. 321.402, $30.
s. 321.403, $30.
t. 321.404, $30.
u. 321.404A, $25.
v. 321.409, $30.
w. 321.415, $30.
x. 321.419, $30.
y. 321.420, $30.
z. 321.421, $30.
aa. 321.422, $20.
ab. 321.423, $30.
ac. 321.430, $100.
ad. 321.432, $20.
ae. 321.433, $30.
af. 321.436, $20.
ag. 321.437, for improperly used or nonused, or defective
or improper equipment, other than brakes, driving lights, and
brake lights, $20.
ah. 321.438, $50.
ai. 321.439, $20.
aj. 321.440, $20.
ak. 321.441, $20.
al. 321.442, $20.
am. 321.444, $20.
4. Driver’s license violations. For driver’s license
violations under the following sections, the scheduled
violation is as follows:
a. 321.174, $200.
b. 321.174A, $50.
c. 321.180, $50.
-22- d. 321.180B, $50.
e. 321.193, $50.
f. 321.194, $50.
g. 321.216, $100.
h. 321.216B, $200.
i. 321.216C, $200.
j. 321.219, $200.
k. 321.220, $200.
5. Speed violations.
a. For excessive speed violations in excess of the limit
under section 321.236, subsections 5 and 11, sections 321.285,
and 461A.36, the scheduled fine shall be the following:
(1) Twenty dollars for speed not more than five miles per
hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per
hour of excessive speed over twenty miles per hour over the
limit.
b. Notwithstanding paragraph “a”, for excessive speed
violations in speed zones greater than fifty-five miles per
hour, the scheduled fine shall be:
(1) Twenty dollars for speed not more than five miles per
hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per
-23-hour of excessive speed over twenty miles per hour over the
limit.
c. Excessive speed in whatever amount by a school bus is
not a scheduled violation under any section listed in this
subsection.
d. Excessive speed in conjunction with a violation of
section 321.278 is not a scheduled violation, whatever the
amount of excess speed.
e. For a violation under section 321.295, the scheduled fine
is fifty dollars.
6. Operating violations. For operating violations under the
following sections, the scheduled violation is as follows:
a. 321.236, subsections 3, 4, 9, and 12, $20.
b. 321.275, subsections 1 through 7, $35.
c. 321.277A, $35.
d. 321.288, $100.
e. 321.297, $100.
f. 321.299, $100.
g. 321.302, $100.
h. 321.303, $100.
i. 321.304, subsections 1 and 2, $100.
j. 321.305, $100.
k. 321.306, $100.
l. 321.311, $100.
m. 321.312, $100.
n. 321.314, $100.
o. 321.315, $35.
p. 321.316, $35.
q. 321.318, $35.
r. 321.323, $100.
s. 321.340, $100.
t. 321.353, $100.
u. 321.354, $100.
v. 321.363, $35.
w. 321.365, $35.
-24- x. 321.366, $100.
y. 321.395, $100.
7. Failure to yield or obey violations. For failure to yield
or obey violations under the following sections, the scheduled
violation is as follows:
a. 321.257, subsection 2, for a violation by an operator of
a motor vehicle, $100.
b. 321.298, $100.
c. 321.307, $100.
d. 321.308, $100.
e. 321.313, $100.
f. 321.319, $100.
g. 321.320, $100.
h. 321.321, $100.
i. 321.327, $100.
j. 321.329, $100.
k. 321.333, $100.
8. Traffic sign or signal violations. For traffic sign or
signal violations under the following sections, the scheduled
violation is as follows:
a. 321.236, subsections 2 and 6, $35.
b. 321.256, $100.
c. 321.294, $100.
d. 321.304, subsection 3, $100.
e. 321.322, $100.
9. Bicycle or pedestrian violations. For bicycle or
pedestrian violations under the following sections, the
scheduled fine for a pedestrian or bicyclist is as follows:
a. 321.234, subsections 3 and 4, $25.
b. 321.236, subsection 10, $15.
c. 321.257, subsection 2, $25.
d. 321.275, subsection 8, $25.
e. 321.325, $25.
f. 321.326, $25.
g. 321.328, $25.
-25- h. 321.331, $25.
i. 321.332, $25.
j. 321.397, $25.
k. 321.434, $25.
9A. Electric personal assistive mobility device
violations. For violations under section 321.235A, the
scheduled fine is fifteen dollars.
10. School bus violations.
a. For violations by an operator of a school bus under
sections 321.285 and 321.372, subsections 1 and 2, the
scheduled fine is one hundred dollars. However, an excessive
speed violation by a school bus of more than ten miles per hour
in excess of the limit is not a scheduled violation.
b. For a violation under section 321.372, subsection 3, the
scheduled fine is two hundred dollars.
11. Emergency vehicle violations. For emergency vehicle
violations under the following sections, the scheduled fine is
as follows:
a. 321.231, $100.
b. 321.323A, $100.
c. 321.324, $100.
d. 321.367, $100.
e. 321.368, $100.
12. Restrictions on vehicles.
a. For violations under sections 321.309, 321.310, 321.394,
321.461, and 321.462, the scheduled fine is thirty-five
dollars.
b. For violations under section 321.437, the scheduled fine
is thirty-five dollars.
c. For height, length, width, and load violations under
sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
scheduled fine is two hundred dollars.
d. For violations under section 321.466, the scheduled fine
is twenty dollars for each two thousand pounds or fraction
thereof of overweight.
-26- e. (1) Violations of the schedule of axle and tandem axle
and gross or group of axle weight violations in section 321.463
shall be scheduled violations subject to the provisions,
procedures, and exceptions contained in sections 805.6 through
805.11, irrespective of the amount of the fine under that
schedule.
(a) Violations of the schedule of weight violations shall be
chargeable, where the fine charged does not exceed one thousand
dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where
the fine charged exceeds one thousand dollars shall, when the
violation is admitted and section 805.9 applies, be chargeable
upon uniform citation and complaint, indictment, or county
attorney’s information, but otherwise shall be chargeable only
upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight
violations, the charge shall specify the amount of fine charged
under the schedule. Where a defendant is convicted and the
fine under the foregoing schedule of weight violations exceeds
one thousand dollars, the conviction shall be of an indictable
offense although section 805.9 is employed and whether the
violation is charged upon uniform citation and complaint,
indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the
provisions relating to weight, the scheduled fine is two
hundred dollars.
13. Motor carrier violations.
a. (1) For a violation under section 321.54, the scheduled
fine is thirty dollars.
(2) For violations under sections 326.22 and 326.23, the
scheduled fine is fifty dollars.
b. For a violation under section 321.449, the scheduled fine
is fifty dollars.
c. For violations under sections 321.364, 321.450, 321.460,
and 452A.52, the scheduled fine is two hundred dollars.
-27- d. For violations of section 325A.3, subsection 5, or
section 325A.8, the scheduled fine is one hundred dollars.
e. For violations of chapter 325A, other than a violation of
section 325A.3, subsection 5, or section 325A.8, the scheduled
fine is two hundred fifty dollars.
f. For failure to have proper carrier identification
markings under section 327B.1, the scheduled fine is one
hundred dollars.
g. For failure to have proper evidence of interstate
authority carried or displayed under section 327B.1, and for
failure to register, carry, or display evidence that interstate
authority is not required under section 327B.1, the scheduled
fine is two hundred fifty dollars.
14. Miscellaneous violations.
a. Failure to obey a peace officer. For a violation under
section 321.229, the scheduled fine is one hundred dollars.
b. Abandoning a motor vehicle. For a violation under
section 321.91, the scheduled fine is two hundred dollars.
c. Seat belt or restraint violations.
(1) For a violation under section 321.445, the scheduled
fine is fifty dollars.
(2) For a violation under section 321.446, the scheduled
violation is one hundred dollars.
d. Litter and debris violations. For violations under
sections 321.369 and 321.370, the scheduled fine is seventy
dollars.
e. Open container violations. For violations under sections
321.284 and 321.284A, the scheduled fine is two hundred
dollars.
f. Proof of financial responsibility. If, in connection with
a motor vehicle accident, a person is charged and found guilty
of a violation of section 321.20B, subsection 1, the scheduled
fine is five hundred dollars; otherwise, the scheduled fine for
a violation of section 321.20B, subsection 1, is two hundred
fifty dollars. Notwithstanding section 805.12, fines collected
-28-pursuant to this paragraph shall be submitted to the state
court administrator and distributed fifty percent to the victim
compensation fund established in section 915.94, twenty-five
percent to the county in which such fine is imposed, and
twenty-five percent to the general fund of the state.
g. Radar-jamming devices. For a violation under section
321.232, the scheduled fine is one hundred dollars.
h. Railroad crossing violations. For violations under
sections 321.341, 321.342, 321.343, and 321.344, and 321.344B,
the scheduled fine is two hundred dollars.
i. Road work zone violations. The scheduled fine for any
moving traffic violation under chapter 321, as provided in
this section, shall be doubled if the violation occurs within
any road work zone, as defined in section 321.1. However,
notwithstanding subsection 5, the scheduled fine for violating
the speed limit in a road work zone is as follows:
(1) One hundred fifty dollars for speed not more than ten
miles per hour over the posted speed limit.
(2) Three hundred dollars for speed greater than ten but not
more than twenty miles per hour over the posted speed limit.
(3) Five hundred dollars for speed greater than twenty but
not more than twenty-five miles per hour over the posted speed
limit.
(4) One thousand dollars for speed greater than twenty-five
miles per hour over the posted speed limit.
j. Vehicle component parts records violations. For
violations under section 321.95, the scheduled fine is fifty
dollars.
Sec. 19. Section 805.8C, subsection 6, paragraph a, Code
Supplement 2009, is amended to read as follows:
a. If the violation is a first offense, the scheduled fine
is one two hundred dollars.
DIVISION III
PUBLIC SAFETY ENFORCEMENT FUND
Sec. 20. PUBLIC SAFETY ENFORCEMENT FUND ESTABLISHED
-29-TEMPORARY ALLOCATION OF FINES AND FEES.
1. A public safety enforcement fund is created in the
state treasury under the control of the treasurer of state.
Notwithstanding section 602.8108, the state court administrator
shall allocate to the treasurer of state for deposit in the
public safety enforcement fund the first nine million one
hundred thousand dollars of the moneys received under section
602.8108, subsection 2, during the fiscal year beginning July
1, 2010, and ending June 30, 2011. Of the moneys allocated for
deposit into the victim compensation fund pursuant to section
602.8108, subsection 3, the state court administrator shall
allocate to the treasurer of state for deposit in the public
safety enforcement fund the first two hundred thirty-five
thousand dollars of the moneys received during the fiscal year
beginning July 1, 2010, and ending June 30, 2011. Moneys
deposited into the fund are appropriated to the treasurer of
state for allocation as provided in subsection 2.
2. The treasurer of state shall allocate to the following
entities the following amounts from the public safety
enforcement fund for the fiscal year beginning July 1, 2010,
and ending June 30, 2011:
a. To the department of corrections for operations
including but not limited to drug courts and salaries and
support for probation and parole officers, $837,810, and
of the amount allocated in this paragraph, $402,810 shall
be allocated by the department of corrections to the sixth
judicial district department of correctional services, $335,000
shall be allocated to the fifth judicial district department of
correctional services, and $100,000 shall be allocated to the
first judicial district department of correctional services.
b. To the department of corrections for salaries and
support for correctional officers, $2,497,190, and of the
amount allocated in this paragraph, $1,451,000 shall be
allocated by the department of corrections for the operation
of the Fort Madison correctional facility, $846,190 shall be
-30-allocated for the operation of the Luster Heights facility, and
$200,000 shall be allocated for the operation of the Anamosa
correctional facility.
c. To the department of public safety, $150,000, for costs
associated with the training and equipment needs of volunteer
fire fighters.
d. To the department of public safety for salaries and
support for sworn peace officers of the state patrol, $300,000.
e. To the Iowa civil rights commission, $100,000.
f. To the judicial branch, $5,300,000.
g. To the department of justice for salaries and support,
$150,000.
3. Moneys remaining in the fund at or after the close of the
fiscal year shall revert to the general fund of the state.
4. This section is repealed June 30, 2011.
DIVISION IV
GAMING ENFORCEMENT FUND AND MISCELLANEOUS PROVISIONS
Sec. 21. 2010 Iowa Acts, Senate File 2088, section 62, is
amended to read as follows:
SEC. 62. COMMUNITY-BASED CORRECTIONS STATE
ACCOUNTING BUDGETING SYSTEM. Each judicial district
department of correctional services shall utilize the state
accounting budgeting system for purposes of tracking both
appropriations and expenditures. Each judicial district
department shall coordinate its accounting budgeting activities
with the department of management for purposes of implementing
the requirements of this section.
Sec. 22. Section 8A.302, subsection 1, as amended by 2010
Iowa Acts, Senate File 2088, section 71, is amended to read as
follows:
1. Providing a system of uniform standards and
specifications for purchasing. When the system is developed,
all items of general use shall be purchased by state agencies
through the department, except items provided for under
section 904.808 or items used by the state board of regents
-31-and institutions under the control of the state board of
regents. However, the department may authorize the department
of transportation, the department for the blind, and any other
agencies otherwise exempted by law from centralized purchasing,
to directly purchase items used by those agencies without going
through the department, if the department of administrative
services determines such purchasing is in the best interests
of the state. However, items of general use may be purchased
through the department by any governmental entity.
Sec. 23. NEW SECTION. 80.43 Gaming enforcement
revolving fund.
1. A gaming enforcement revolving fund is created in the
state treasury under the control of the department. The fund
shall consist of fees collected and deposited into the fund
paid by licensees pursuant to section 99D.14, subsection 2,
paragraph “b”, and fees paid by licensees pursuant to section
99F.10, subsection 4, paragraph “b”. All costs for agents and
officers plus any direct and indirect support costs for such
agents and officers of the division of criminal investigation’s
racetrack, excursion boat, or gambling structure enforcement
activities shall be paid from the fund as provided in
appropriations made for this purpose by the general assembly.
2. To meet the department’s cash flow needs, the department
may temporarily use funds from the general fund of the state
to pay expenses in excess of moneys available in the revolving
fund if those additional expenditures are fully reimbursable
and the department reimburses the general fund of the state
and ensures all moneys are repaid in full by the close of the
fiscal year. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54.
3. Section 8.33 does not apply to any moneys credited or
appropriated to the revolving fund from any other fund and,
-32-notwithstanding section 12C.7, subsection 2, earnings or
interest on moneys deposited in the revolving fund shall be
credited to the revolving fund.
Sec. 24. Section 99D.14, subsection 2, Code 2009, is amended
to read as follows:
2. a. A licensee shall pay a regulatory fee to be charged
as provided in this section. In determining the regulatory fee
to be charged as provided under this section, the commission
shall use the amount appropriated to the commission plus the
cost of salaries for no more than two special agents for each
racetrack that has not been issued a table games license under
chapter 99F or no more than three special agents for each
racetrack that has been issued a table games license under
chapter 99F, plus any direct and indirect support costs for the
agents, for the division of criminal investigation’s racetrack
activities, as the basis for determining the amount of revenue
to be raised from the regulatory fee.
b. Notwithstanding sections 8.60 and 99D.17, the portion of
the fee paid pursuant to paragraph “a” relating to the costs
of special agents plus any direct and indirect support costs
for the agents, for the division of criminal investigation’s
racetrack activities, shall not be deposited in the general
fund of the state but instead shall be deposited into the
gaming enforcement revolving fund established in section 80.43.
Sec. 25. Section 99F.10, subsection 4, Code 2009, is amended
to read as follows:
4. a. In determining the license fees and state regulatory
fees to be charged as provided under section 99F.4 and this
section, the commission shall use as the basis for determining
the amount of revenue to be raised from the license fees and
regulatory fees the amount appropriated to the commission
plus the cost of salaries for no more than two special agents
for each excursion gambling boat or gambling structure and no
more than four gaming enforcement officers for each excursion
gambling boat or gambling structure with a patron capacity of
-33-less than two thousand persons or no more than five gaming
enforcement officers for each excursion gambling boat or
gambling structure with a patron capacity of at least two
thousand persons, plus any direct and indirect support costs
for the agents and officers, for the division of criminal
investigation’s excursion gambling boat or gambling structure
activities.
b. Notwithstanding sections 8.60 and 99F.4, the portion of
the fee paid pursuant to paragraph “a” relating to the costs
of special agents and officers plus any direct and indirect
support costs for the agents and officers, for the division of
criminal investigation’s excursion gambling boat or gambling
structure activities, shall not be deposited in the general
fund of the state but instead shall be deposited into the
gaming enforcement revolving fund established in section 80.43.
Sec. 26. Section 809A.17, subsection 5, Code 2009, is
amended by adding the following new paragraph:
NEW PARAGRAPH. e. If the forfeited property is cash or
proceeds from the sale of real property the distribution of the
forfeited property shall be as follows:
(1) The department of justice shall not retain more than
ten percent of the gross sale of any forfeited real property.
The balance of the proceeds shall be distributed to the
seizing agency for use by the agency or for division among
law enforcement agencies and county attorneys pursuant to any
agreement entered into by the seizing agency.
(2) The department of justice shall not retain more than
ten percent of any forfeited cash. The balance shall be
distributed to the seizing agency for use by the agency or for
division among law enforcement agencies and county attorneys
pursuant to any agreement entered into by the seizing agency.
(3) In the event of a cash forfeiture in excess of four
hundred thousand dollars the distribution of forfeited cash
shall be as follows:
(a) Forty-five percent shall be retained by the seizing
-34-agency.
(b) Forty-five percent shall be distributed to other law
enforcement agencies within the region of the seizing agency.
(c) Ten percent shall be retained by the department of
justice.
Sec. 27. Section 904.315, subsection 2, Code Supplement
2009, is amended to read as follows:
2. A contract is not required for improvements at a state
institution where the labor of inmates is to be used if the
contract is not for a construction, reconstruction, demolition,
or repair project or improvement with an estimated cost in
excess of fifty one hundred thousand dollars.
Sec. 28. Section 904A.4B, Code 2009, is amended to read as
follows:
904A.4B Executive director of the board of parole duties.
1. The chief administrative officer of the board of
parole shall be the executive director, except as provided in
subsection 2. The executive director shall be appointed by the
chairperson, subject to the approval of the board and shall
serve at the pleasure of the board. The executive director
shall do all of the following:
1. a. Advise the board on matters relating to parole,
work release, and executive clemency, and advise the board on
matters involving automation and word processing.
2. b. Carry out all directives of the board.
3. c. Hire and supervise all of the board’s staff pursuant
to the provisions of chapter 8A, subchapter IV.
4. d. Act as the board’s liaison with the general assembly.
5. e. Prepare a budget for the board, subject to the
approval of the board, and prepare all other reports required
by law.
6. f. Develop long-range parole and work release planning,
in cooperation with the department of corrections.
2. If an executive director is not appointed as provided in
subsection 1, the chairperson shall serve as acting executive
-35-director and perform the administrative duties under subsection
1.
Sec. 29. IOWA COMMUNICATIONS NETWORK. It is the
intent of the general assembly that the executive branch
agencies receiving an appropriation in this Act utilize
the Iowa communications network or secure other electronic
communications in lieu of traveling for the fiscal year
addressed by the appropriations.
Sec. 30. HOMELAND SECURITY AND EMERGENCY MANAGEMENT
DIVISION. There is appropriated from the wireless E911
emergency communications fund created in section 34A.7A to the
administrator of the homeland security and emergency management
division of the department of public defense for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, an
amount not exceeding $200,000 to be used for implementation,
support, and maintenance of the functions of the administrator
and program manager under chapter 34A and to employ the auditor
of the state to perform an annual audit of the wireless E911
emergency communications fund.
Sec. 31. CORRECTIONAL OFFICER AND PEACE OFFICER
PRIORITY. As a condition of receiving an appropriation in
this Act, the department of corrections and the department of
public safety shall make every effort to preserve correctional
officer and peace officer positions through the reduction of
administrative and related overhead costs.
DIVISION V
SCHEDULED FINES CORRESPONDING AMENDMENTS
Sec. 32. Section 321.17, Code 2009, is amended to read as
follows:
321.17 Misdemeanor to violate registration provisions.
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph
“b”, for any person to drive or move or for an owner knowingly
to permit to be driven or moved upon the highway a vehicle of
a type required to be registered under this chapter which is
-36-not registered, or for which the appropriate fees have not been
paid, except as provided in section 321.109, subsection 3.
Sec. 33. Section 321.47, subsection 4, Code 2009, is amended
to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 34. Section 321.98, Code 2009, is amended to read as
follows:
321.98 Operation without registration.
A person shall not operate, and an owner shall not knowingly
permit to be operated upon any highway any vehicle required
to be registered and titled hereunder unless there shall be
attached thereto and displayed thereon when and as required by
this chapter a valid registration card and registration plate
or plates issued therefor for the current registration year and
unless a certificate of title has been issued for such vehicle
except as otherwise expressly permitted in this chapter. Any
violation of this section is a simple misdemeanor punishable
as a scheduled violation under section 805.8A, subsection 2,
paragraph “b”.
Sec. 35. Section 321.99, Code 2009, is amended to read as
follows:
321.99 Fraudulent use of registration.
A person shall not knowingly lend to another a registration
card, registration plate, special plate, or permit issued to
the person if the other person desiring to borrow the card,
plate, or permit would not be entitled to the use of it. A
person shall not knowingly permit the use of a registration
card, registration plate, special plate, or permit issued
to the person by one not entitled to it, nor shall a person
knowingly display upon a vehicle a registration card,
registration plate, special plate, or permit not issued for
that vehicle under this chapter. A person convicted of a
violation of this section is guilty of a simple misdemeanor
-37-punishable as a scheduled violation under section 805.8A,
subsection 2, paragraph “d”.
Sec. 36. Section 321.104, unnumbered paragraph 1, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph
“c”, for any person to commit any of the following acts:
Sec. 37. Section 321.115, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 38. Section 321.115A, subsection 3, Code Supplement
2009, is amended to read as follows:
3. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 2, paragraph “b”.
Sec. 39. Section 321.193, unnumbered paragraph 4, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 4, paragraph
“a”, for a person to operate a motor vehicle in any manner in
violation of the restrictions imposed on a restricted license
issued to that person under this section.
Sec. 40. Section 321.216, unnumbered paragraph 1, Code
2009, is amended to read as follows:
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 4, paragraph
“b”, for any person:
Sec. 41. Section 321.216B, Code 2009, is amended to read as
follows:
321.216B Use of driver’s license or nonoperator’s
identification card by underage person to obtain alcohol.
A person who is under the age of twenty-one, who alters
or displays or has in the person’s possession a fictitious
-38-or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license to violate or
attempt to violate section 123.47, commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 4, paragraph “c”. The court shall forward a copy of
the conviction to the department.
Sec. 42. Section 321.216C, Code 2009, is amended to read as
follows:
321.216C Use of driver’s license or nonoperator’s
identification card by underage person to obtain cigarettes or
tobacco products.
A person who is under the age of eighteen, who alters
or displays or has in the person’s possession a fictitious
or fraudulently altered driver’s license or nonoperator’s
identification card and who uses the license or card to violate
or attempt to violate section 453A.2, subsection 2, commits a
simple misdemeanor punishable as a scheduled violation under
section 805.8A, subsection 4, paragraph “c”. The court shall
forward a copy of the conviction to the department.
Sec. 43. Section 321.219, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 4, paragraph “c”.
Sec. 44. Section 321.220, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 4, paragraph “c”.
Sec. 45. Section 321.234A, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 3, paragraph “f”.
Sec. 46. Section 321.247, unnumbered paragraph 2, Code
-39-2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 3, paragraph “f”.
Sec. 47. Section 321.302, subsection 4, Code 2009, is
amended to read as follows:
4. A person convicted of a violation of this section is
guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “d”.
Sec. 48. Section 321.327, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 7, paragraph “b”.
Sec. 49. Section 321.366, unnumbered paragraph 3, Code
2009, is amended to read as follows:
Violations of this section are punishable as a scheduled
violation under section 805.8A, subsection 6, paragraph “d”.
Sec. 50. Section 321.381, Code 2009, is amended to read as
follows:
321.381 Movement of unsafe or improperly equipped vehicles.
It is a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 3, paragraph
“f”, for any person to drive or move or for the owner to cause
or knowingly permit to be driven or moved on any highway any
vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person, or which does not contain
those parts or is not at all times equipped with such lamps and
other equipment in proper condition and adjustment as required
in this chapter, or which is equipped with one or more unsafe
tires or which is equipped in any manner in violation of this
chapter.
Sec. 51. Section 321.383, unnumbered paragraph 1, Code
2009, is amended to read as follows:
Any person who violates any provision of this section shall
-40-be fined as provided in section 805.8A, subsection 3, paragraph
“d”.
Sec. 52. Section 321.404A, subsection 2, Code 2009, is
amended to read as follows:
2. A person who violates this section shall be subject to a
scheduled fine under section 805.8A, subsection 3, paragraph
“c”.
Sec. 53. Section 321.421, unnumbered paragraph 2, Code
2009, is amended to read as follows:
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under section 805.8A, subsection 3, paragraph “d”.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
PATRICK J. MURPHY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2378, Eighty-third General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2010
______________________________
CHESTER J. CULVER
-41-
Governor
-42-