Senate File 615 - IntroducedA Bill ForAn Act 1relating to appropriations to the justice system, and
2including effective date and retroactive applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2019-2020
3APPROPRIATIONS
4   Section 1.  DEPARTMENT OF JUSTICE.
   51.  There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2019, and ending June 30, 2020, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
   10a.  For the general office of attorney general for salaries,
11support, maintenance, and miscellaneous purposes, including
12the prosecuting attorneys training program, matching funds
13for federal violence against women grant programs, victim
14assistance grants, office of drug control policy prosecuting
15attorney program, and odometer fraud enforcement, and for not
16more than the following full-time equivalent positions:
..................................................  $175,911,705
...............................................  FTEs18215.00
   19As a condition of receiving the appropriation provided
20in this lettered paragraph, the department of justice shall
21maintain a record of the estimated time incurred representing
22each agency or department.
   23The general office of attorney general may temporarily
24exceed and draw more than the amount appropriated in this
25lettered paragraph and incur a negative cash balance as long
26as there are receivables equal to or greater than the negative
27balances and the amount appropriated in this paragraph is not
28exceeded at the close of the fiscal year.
   29b.  For victim assistance grants:
..................................................  $305,016,708
   31The moneys appropriated in this lettered paragraph shall be
32used to provide grants to care providers providing services to
33crime victims of domestic abuse or to crime victims of rape and
34sexual assault.
   35The balance of the victim compensation fund established
-1-1in section 915.94 may be used to provide salary and support
2of not more than 24.00 full-time equivalent positions and to
3provide maintenance for the victim compensation functions
4of the department of justice. In addition to the full-time
5equivalent positions authorized pursuant to this paragraph,
65.00 full-time equivalent positions are authorized and shall
7be used by the department of justice to employ one accountant
8and four program planners. The department of justice may
9employ the additional 5.00 full-time equivalent positions
10authorized pursuant to this paragraph that are in excess of the
11number of full-time equivalent positions authorized only if
12the department of justice receives sufficient federal moneys
13to maintain employment for the additional full-time equivalent
14positions during the current fiscal year. The department
15of justice shall only employ the additional 5.00 full-time
16equivalent positions in succeeding fiscal years if sufficient
17federal moneys are received during each of those succeeding
18fiscal years.
   19The department of justice shall transfer at least $150,000
20from the victim compensation fund established in section 915.94
21to the victim assistance grant program.
   22Notwithstanding section 8.33, moneys appropriated in this
23paragraph “b” that remain unencumbered or unobligated at the
24close of the fiscal year shall not revert but shall remain
25available for expenditure for the purposes designated until the
26close of the succeeding fiscal year.
   27c.  For legal services for persons in poverty grants as
28provided in section 13.34:
..................................................  $292,464,601
   302.  a.  The department of justice, in submitting budget
31estimates for the fiscal year commencing July 1, 2020, pursuant
32to section 8.23, shall include a report of funding from sources
33other than amounts appropriated directly from the general fund
34of the state to the department of justice or to the office of
35consumer advocate. These funding sources shall include but
-2-1are not limited to reimbursements from other state agencies,
2commissions, boards, or similar entities, and reimbursements
3from special funds or internal accounts within the department
4of justice. The department of justice shall also report actual
5reimbursements for the fiscal year commencing July 1, 2018,
6and actual and expected reimbursements for the fiscal year
7commencing July 1, 2019.
   8b.  The department of justice shall include the report
9required under paragraph “a”, as well as information regarding
10any revisions occurring as a result of reimbursements actually
11received or expected at a later date, in a report to the
12co-chairpersons and ranking members of the joint appropriations
13subcommittee on the justice system and the legislative services
14agency. The department of justice shall submit the report on
15or before January 15, 2020.
   163.  a.  The department of justice shall fully reimburse
17the costs and necessary related expenses incurred by the Iowa
18law enforcement academy to continue to employ one additional
19instructor position who shall provide training for human
20trafficking-related issues throughout the state.
   21b.  The department of justice shall obtain the moneys
22necessary to reimburse the Iowa law enforcement academy to
23employ such an instructor from unrestricted moneys from either
24the victim compensation fund established in section 915.94, the
25human trafficking victim fund established in section 915.95, or
26the human trafficking enforcement fund established in 2015 Iowa
27Acts, chapter 138, section 141.
28   Sec. 2.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated
29from the department of commerce revolving fund created in
30section 546.12 to the office of consumer advocate of the
31department of justice for the fiscal year beginning July 1,
322019, and ending June 30, 2020, the following amount, or so
33much thereof as is necessary, to be used for the purposes
34designated:
   35For salaries, support, maintenance, and miscellaneous
-3-1purposes, and for not more than the following full-time
2equivalent positions:
..................................................  $33,137,588
...............................................  FTEs422.00
5   Sec. 3.  DEPARTMENT OF CORRECTIONS — FACILITIES.
   61.  There is appropriated from the general fund of the state
7to the department of corrections for the fiscal year beginning
8July 1, 2019, and ending June 30, 2020, the following amounts,
9or so much thereof as is necessary, to be used for the purposes
10designated:
   11a.  For the operation of the Fort Madison correctional
12facility, including salaries, support, maintenance, and
13miscellaneous purposes:
..................................................  $1441,613,841
   15b.  For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
..................................................  $1832,414,148
   19c.  For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
..................................................  $2261,874,191
   23d.  For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
..................................................  $2628,327,158
   27e.  For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
..................................................  $3025,676,413
   31f.  For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
..................................................  $3410,521,861
   35g.  For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
..................................................  $324,847,950
   4Moneys received by the department of corrections as
5reimbursement for services provided to the Clarinda youth
6corporation are appropriated to the department and shall be
7used for the purpose of operating the Clarinda correctional
8facility.
   9h.  For the operation of the Mitchellville correctional
10facility, including salaries, support, maintenance, and
11miscellaneous purposes:
..................................................  $1223,294,090
   13i.  For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
..................................................  $1630,067,231
   17j.  For reimbursement of counties for temporary confinement
18of prisoners, as provided in sections 901.7, 904.908, and
19906.17, and for offenders confined pursuant to section 904.513:
..................................................  $201,082,635
   21k.  For federal prison reimbursement, reimbursements for
22out-of-state placements, and miscellaneous contracts:
..................................................  $23234,411
   242.  The department of corrections shall use moneys
25appropriated in subsection 1 to continue to contract for the
26services of a Muslim imam and a Native American spiritual
27leader.
28   Sec. 4.  DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
   29There is appropriated from the general fund of the state to the
30department of corrections for the fiscal year beginning July
311, 2019, and ending June 30, 2020, the following amounts, or
32so much thereof as is necessary, to be used for the purposes
33designated:
   341.  For general administration, including salaries and the
35adjustment of salaries throughout the department, support,
-5-1maintenance, employment of an education director to administer
2a centralized education program for the correctional system,
3and miscellaneous purposes:
..................................................  $46,346,881
   5a.  It is the intent of the general assembly that each
6lease negotiated by the department of corrections with a
7private corporation for the purpose of providing private
8industry employment of inmates in a correctional institution
9shall prohibit the private corporation from utilizing inmate
10labor for partisan political purposes for any person seeking
11election to public office in this state and that a violation
12of this requirement shall result in a termination of the lease
13agreement.
   14b.  It is the intent of the general assembly that as a
15condition of receiving the appropriation provided in this
16subsection the department of corrections shall not enter into
17a lease or contractual agreement pursuant to section 904.809
18with a private corporation for the use of building space for
19the purpose of providing inmate employment without providing
20that the terms of the lease or contract establish safeguards to
21restrict, to the greatest extent feasible, access by inmates
22working for the private corporation to personal identifying
23information of citizens.
   242.  For educational programs for inmates at state penal
25institutions:
..................................................  $262,608,109
   27a.  To maximize the funding for educational programs,
28the department shall establish guidelines and procedures to
29prioritize the availability of educational and vocational
30training for inmates based upon the goal of facilitating an
31inmate’s successful release from the correctional institution.
   32b.  The director of the department of corrections may
33transfer moneys from Iowa prison industries and the canteen
34operating funds established pursuant to section 904.310, for
35use in educational programs for inmates.
-6-
   1c.  Notwithstanding section 8.33, moneys appropriated in
2this subsection that remain unobligated or unexpended at the
3close of the fiscal year shall not revert but shall remain
4available to be used only for the purposes designated in this
5subsection until the close of the succeeding fiscal year.
   63.  For the development and operation of the Iowa corrections
7offender network (ICON) data system:
..................................................  $82,000,000
   94.  For offender mental health and substance abuse
10treatment:
..................................................  $1128,065
12   Sec. 5.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
13SERVICES.
   141.  There is appropriated from the general fund of the state
15to the department of corrections for the fiscal year beginning
16July 1, 2019, and ending June 30, 2020, for salaries, support,
17maintenance, and miscellaneous purposes, the following amounts,
18or so much thereof as is necessary, to be used for the purposes
19designated:
   20a.  For the first judicial district department of
21correctional services:
..................................................  $2215,069,356
   23It is the intent of the general assembly that the first
24judicial district department of correctional services maintain
25the drug courts operated by the district department.
   26b.  For the second judicial district department of
27correctional services:
..................................................  $2811,618,090
   29It is the intent of the general assembly that the second
30judicial district department of correctional services maintain
31two drug courts to be operated by the district department.
   32c.  For the third judicial district department of
33correctional services:
..................................................  $347,318,308
   35d.  For the fourth judicial district department of
-7-1correctional services:
..................................................  $25,811,273
   3e.  For the fifth judicial district department of
4correctional services, including funding for electronic
5monitoring devices for use on a statewide basis:
..................................................  $621,986,762
   7It is the intent of the general assembly that the fifth
8judicial district department of correctional services maintain
9the drug court operated by the district department.
   10f.  For the sixth judicial district department of
11correctional services:
..................................................  $1214,839,165
   13It is the intent of the general assembly that the sixth
14judicial district department of correctional services maintain
15the drug court operated by the district department.
   16g.  For the seventh judicial district department of
17correctional services:
..................................................  $187,919,692
   19It is the intent of the general assembly that the seventh
20judicial district department of correctional services maintain
21the drug court operated by the district department.
   22h.  For the eighth judicial district department of
23correctional services:
..................................................  $248,443,071
   252.  Each judicial district department of correctional
26services, within the funding available, shall continue programs
27and plans established within that district to provide for
28intensive supervision, sex offender treatment, diversion of
29low-risk offenders to the least restrictive sanction available,
30job development, and expanded use of intermediate criminal
31sanctions.
   323.  Each judicial district department of correctional
33services shall provide alternatives to prison consistent with
34chapter 901B. The alternatives to prison shall ensure public
35safety while providing maximum rehabilitation to the offender.
-8-1A judicial district department of correctional services may
2also establish a day program.
   34.  The governor’s office of drug control policy shall
4consider federal grants made to the department of corrections
5for the benefit of each of the eight judicial district
6departments of correctional services as local government
7grants, as defined pursuant to federal regulations.
   85.  The department of corrections shall continue to contract
9with a judicial district department of correctional services to
10provide for the rental of electronic monitoring equipment which
11shall be available statewide.
12   Sec. 6.  DEPARTMENT OF CORRECTIONS — REALLOCATION OF
13APPROPRIATIONS.
  Notwithstanding section 8.39, within the
14moneys appropriated in this division of this Act to the
15department of corrections, the department may reallocate the
16moneys appropriated and allocated as necessary to best fulfill
17the needs of the correctional institutions, administration
18of the department, and the judicial district departments of
19correctional services. However, in addition to complying with
20the requirements of sections 904.116 and 905.8 and providing
21notice to the legislative services agency, the department
22of corrections shall also provide notice to the department
23of management, prior to the effective date of the revision
24or reallocation of an appropriation made pursuant to this
25section. The department of corrections shall not reallocate an
26appropriation or allocation for the purpose of eliminating any
27program.
28   Sec. 7.  INTENT — REPORTS.
   291.  The department of corrections in cooperation with
30townships, the Iowa cemetery associations, and other nonprofit
31or governmental entities may use inmate labor during the
32fiscal year beginning July 1, 2019, to restore or preserve
33rural cemeteries and historical landmarks. The department in
34cooperation with the counties may also use inmate labor to
35clean up roads, major water sources, and other water sources
-9-1around the state.
   22.  On a quarterly basis the department shall provide a
3status report regarding private-sector employment to the
4legislative services agency beginning on July 1, 2019. The
5report shall include the number of offenders employed in the
6private sector, the combined number of hours worked by the
7offenders, the total amount of allowances, and the distribution
8of allowances pursuant to section 904.702, including any moneys
9deposited in the general fund of the state.
10   Sec. 8.  ELECTRONIC MONITORING REPORT.  The department of
11corrections shall submit a report on electronic monitoring to
12the general assembly, to the co-chairpersons and the ranking
13members of the joint appropriations subcommittee on the justice
14system, and to the legislative services agency by January
1515, 2020. The report shall specifically address the number
16of persons being electronically monitored and break down the
17number of persons being electronically monitored by offense
18committed. The report shall also include a comparison of any
19data from the prior fiscal year with the current year.
20   Sec. 9.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   211.  As used in this section, unless the context otherwise
22requires, “state agency” means the government of the state
23of Iowa, including but not limited to all executive branch
24departments, agencies, boards, bureaus, and commissions, the
25judicial branch, the general assembly and all legislative
26agencies, institutions within the purview of the state board of
27regents, and any corporation whose primary function is to act
28as an instrumentality of the state.
   292.  State agencies are encouraged to purchase products from
30Iowa state industries, as defined in section 904.802, when
31purchases are required and the products are available from
32Iowa state industries. State agencies shall obtain bids from
33Iowa state industries for purchases of office furniture during
34the fiscal year beginning July 1, 2019, exceeding $5,000 or
35in accordance with applicable administrative rules related to
-10-1purchases for the agency.
2   Sec. 10.  IOWA LAW ENFORCEMENT ACADEMY.
   31.  There is appropriated from the general fund of the
4state to the Iowa law enforcement academy for the fiscal year
5beginning July 1, 2019, and ending June 30, 2020, the following
6amount, or so much thereof as is necessary, to be used for the
7purposes designated:
   8a.  (1)  For salaries, support, maintenance, and
9miscellaneous purposes, including jailer training and technical
10assistance, and for not more than the following full-time
11equivalent positions:
..................................................  $12971,341
...............................................  FTEs1325.25
   14(2)  For the costs associated with temporary relocation of
15the Iowa law enforcement academy:
..................................................  $161,015,442
   17b.  The Iowa law enforcement academy may temporarily exceed
18and draw more than the amount appropriated in this subsection
19and incur a negative cash balance as long as there are
20receivables equal to or greater than the negative balance and
21the amount appropriated in this subsection is not exceeded at
22the close of the fiscal year.
   232.  The Iowa law enforcement academy may select at least
24five automobiles of the department of public safety, division
25of state patrol, prior to turning over the automobiles to
26the department of administrative services to be disposed
27of by public auction, and the Iowa law enforcement academy
28may exchange any automobile owned by the academy for each
29automobile selected if the selected automobile is used in
30training law enforcement officers at the academy. However, any
31automobile exchanged by the academy shall be substituted for
32the selected vehicle of the department of public safety and
33sold by public auction with the receipts being deposited in the
34depreciation fund to the credit of the department of public
35safety, division of state patrol.
-11-
   13.  The Iowa law enforcement academy shall provide training
2for domestic abuse and human trafficking-related issues
3throughout the state. The training shall be offered at no
4cost to the attendees and the training shall not replace any
5existing domestic abuse or human trafficking training offered
6by the academy.
7   Sec. 11.  STATE PUBLIC DEFENDER.  There is appropriated from
8the general fund of the state to the office of the state public
9defender of the department of inspections and appeals for the
10fiscal year beginning July 1, 2019, and ending June 30, 2020,
11the following amounts, or so much thereof as is necessary, to
12be used for the purposes designated:
   131.  For salaries, support, maintenance, and miscellaneous
14purposes, and for not more than the following full-time
15equivalent positions:
..................................................  $1626,605,299
...............................................  FTEs17223.00
   182.  For payments on behalf of eligible adults and juveniles
19from the indigent defense fund, in accordance with section
20815.11:
..................................................  $2139,144,448
22   Sec. 12.  BOARD OF PAROLE.  There is appropriated from the
23general fund of the state to the board of parole for the fiscal
24year beginning July 1, 2019, and ending June 30, 2020, the
25following amount, or so much thereof as is necessary, to be
26used for the purposes designated:
   27For salaries, support, maintenance, and miscellaneous
28purposes, and for not more than the following full-time
29equivalent positions:
..................................................  $301,221,374
...............................................  FTEs3110.50
32   Sec. 13.  DEPARTMENT OF PUBLIC DEFENSE.
   331.  There is appropriated from the general fund of the
34state to the department of public defense, for the fiscal year
35beginning July 1, 2019, and ending June 30, 2020, the following
-12-1amounts, or so much thereof as is necessary, to be used for the
2purposes designated:
   3For salaries, support, maintenance, and miscellaneous
4purposes, and for not more than the following full-time
5equivalent positions:
..................................................  $66,334,961
...............................................  FTEs7249.00
   82.  The department of public defense may temporarily exceed
9and draw more than the amount appropriated in this section and
10incur a negative cash balance as long as there are receivables
11of federal funds equal to or greater than the negative balance
12and the amount appropriated in this section is not exceeded at
13the close of the fiscal year.
14   Sec. 14.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
15MANAGEMENT.
   161.  There is appropriated from the general fund of the state
17to the department of homeland security and emergency management
18for the fiscal year beginning July 1, 2019, and ending June
1930, 2020, the following amounts, or so much thereof as is
20necessary, to be used for the purposes designated:
   21For salaries, support, maintenance, and miscellaneous
22purposes, and for not more than the following full-time
23equivalent positions:
..................................................  $242,123,610
...............................................  FTEs2531.03
   262.  The department of homeland security and emergency
27management may temporarily exceed and draw more than the amount
28appropriated in this section and incur a negative cash balance
29as long as there are receivables of federal funds equal to or
30greater than the negative balance and the amount appropriated
31in this section is not exceeded at the close of the fiscal
32year.
33   Sec. 15.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated
34from the general fund of the state to the department of public
35safety for the fiscal year beginning July 1, 2019, and ending
-13-1June 30, 2020, the following amounts, or so much thereof as is
2necessary, to be used for the purposes designated:
   31.  For administrative functions, including salaries and the
4adjustment of salaries throughout the department, the criminal
5justice information system, and for not more than the following
6full-time equivalent positions:
..................................................  $74,734,703
...............................................  FTEs837.00
   92.  For the division of criminal investigation, including
10the state’s contribution to the peace officers’ retirement,
11accident, and disability system provided in chapter 97A in the
12amount of the state’s normal contribution rate, as defined in
13section 97A.8, multiplied by the salaries for which the moneys
14are appropriated, to meet federal fund matching requirements,
15and for not more than the following full-time equivalent
16positions:
..................................................  $1715,663,083
...............................................  FTEs18167.00
   193.  For the criminalistics laboratory fund created in
20section 691.9:
..................................................  $21700,000
   22Notwithstanding section 8.33, moneys appropriated in this
23subsection that remain unencumbered or unobligated at the close
24of the fiscal year shall not revert but shall remain available
25for expenditure for the purposes designated until the close of
26the succeeding fiscal year.
   274.  a.  For the division of narcotics enforcement, including
28the state’s contribution to the peace officers’ retirement,
29accident, and disability system provided in chapter 97A in the
30amount of the state’s normal contribution rate, as defined in
31section 97A.8, multiplied by the salaries for which the moneys
32are appropriated, to meet federal fund matching requirements,
33and for not more than the following full-time equivalent
34positions:
..................................................  $357,985,873
-14-
...............................................  FTEs165.00
   2The division of narcotics enforcement is authorized an
3additional 1.00 full-time equivalent position pursuant to
4this lettered paragraph that is in excess of the number of
5full-time equivalent positions authorized for the previous
6fiscal year only if the division of narcotics enforcement
7receives sufficient federal moneys to maintain employment
8for the additional full-time equivalent position during the
9current fiscal year. The division of narcotics enforcement
10shall only employ the additional full-time equivalent position
11in succeeding fiscal years if sufficient federal moneys are
12received during each of those succeeding fiscal years.
   13b.  For the division of narcotics enforcement for undercover
14purchases:
..................................................  $15259,042
   165.  For the division of state fire marshal, for fire
17protection services as provided through the state fire service
18and emergency response council as created in the department,
19and for the state’s contribution to the peace officers’
20retirement, accident, and disability system provided in chapter
2197A in the amount of the state’s normal contribution rate,
22as defined in section 97A.8, multiplied by the salaries for
23which the moneys are appropriated, and for not more than the
24following full-time equivalent positions:
..................................................  $254,965,056
...............................................  FTEs2649.00
   27As a condition of receiving the appropriation in this
28subsection, the commissioner of the department of public safety
29shall appoint the administrator of the fire service training
30bureau of the division of state fire marshal as provided in
31section 100B.7.
   326.  For the division of state patrol, for salaries, support,
33maintenance, workers’ compensation costs, and miscellaneous
34purposes, including the state’s contribution to the peace
35officers’ retirement, accident, and disability system provided
-15-1in chapter 97A in the amount of the state’s normal contribution
2rate, as defined in section 97A.8, multiplied by the salaries
3for which the moneys are appropriated, and for not more than
4the following full-time equivalent positions:
..................................................  $565,926,287
...............................................  FTEs6517.00
   7It is the intent of the general assembly that members of the
8state patrol be assigned to patrol the highways and roads in
9lieu of assignments for inspecting school buses for the school
10districts.
   117.  For deposit in the sick leave benefits fund established
12under section 80.42 for all departmental employees eligible to
13receive benefits for accrued sick leave under the collective
14bargaining agreement:
..................................................  $15279,517
   168.  For costs associated with the training and equipment
17needs of volunteer fire fighters:
..................................................  $18875,520
   19a.  Notwithstanding section 8.33, moneys appropriated in
20this subsection that remain unencumbered or unobligated at the
21close of the fiscal year shall not revert but shall remain
22available for expenditure only for the purpose designated in
23this subsection until the close of the succeeding fiscal year.
   24b.  Notwithstanding section 8.39, the department of public
25safety may reallocate moneys appropriated in this section
26as necessary to best fulfill the needs provided for in the
27appropriation. However, the department shall not reallocate
28moneys appropriated to the department in this section unless
29notice of the reallocation is given to the legislative services
30agency and the department of management prior to the effective
31date of the reallocation. The notice shall include information
32regarding the rationale for reallocating the moneys. The
33department shall not reallocate moneys appropriated in this
34section for the purpose of eliminating any program.
   359.  For the public safety interoperable and broadband
-16-1communications fund established in section 80.44:
..................................................  $2115,661
   310.  For the office to combat human trafficking established
4pursuant to section 80.45, including salaries, support,
5maintenance, miscellaneous purposes, and for not more than the
6following full-time equivalent positions:
..................................................  $7200,000
...............................................  FTEs81.00
9   Sec. 16.  GAMING ENFORCEMENT.
   101.  There is appropriated from the gaming enforcement
11revolving fund created in section 80.43 to the department of
12public safety for the fiscal year beginning July 1, 2019, and
13ending June 30, 2020, the following amount, or so much thereof
14as is necessary, to be used for the purposes designated:
   15a.  For any direct support costs for agents and officers of
16the division of criminal investigation’s excursion gambling
17boat, gambling structure, and racetrack enclosure enforcement
18activities, including salaries, support, maintenance, and
19miscellaneous purposes, and for not more than the following
20full-time equivalent positions:
..................................................  $2110,469,077
...............................................  FTEs2273.00
   23b.  In addition to the moneys appropriated and full-time
24equivalent positions authorized in paragraph “a”, and
25contingent upon the enactment of 2019 Iowa Acts, Senate File
26366, or its successor, the department of public safety is
27appropriated an additional $300,000 and is authorized an
28additional 3.00 full-time equivalent positions to assist in
29implementing the provisions of 2019 Iowa Acts, Senate File 366,
30or its successor, if enacted.
   312.  For each additional license to conduct gambling games on
32an excursion gambling boat, gambling structure, or racetrack
33enclosure issued during the fiscal year beginning July 1, 2019,
34there is appropriated from the gaming enforcement fund to the
35department of public safety for the fiscal year beginning July
-17-11, 2019, and ending June 30, 2020, an additional amount of
2not more than $300,000 to be used for full-time equivalent
3positions.
   43.  The department of public safety, with the approval of the
5department of management, may employ no more than three special
6agents for each additional riverboat or gambling structure
7regulated after July 1, 2020, and three special agents for
8each racing facility which becomes operational during the
9fiscal year which begins July 1, 2020. Positions authorized
10in this subsection are in addition to the full-time equivalent
11positions otherwise authorized in this section.
12   Sec. 17.  CIVIL RIGHTS COMMISSION.
   131.  There is appropriated from the general fund of the state
14to the Iowa state civil rights commission for the fiscal year
15beginning July 1, 2019, and ending June 30, 2020, the following
16amount, or so much thereof as is necessary, to be used for the
17purposes designated:
   18For salaries, support, maintenance, and miscellaneous
19purposes, and for not more than the following full-time
20equivalent positions:
..................................................  $211,198,266
...............................................  FTEs2226.00
   232.  The Iowa state civil rights commission may enter into
24a contract with a nonprofit organization to provide legal
25assistance to resolve civil rights complaints.
26   Sec. 18.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
   271.  There is appropriated from the general fund of the state
28to the criminal and juvenile justice planning division of the
29department of human rights for the fiscal year beginning July
301, 2019, and ending June 30, 2020, the following amount or
31so much thereof as is necessary, to be used for the purposes
32designated:
   33a.  For salaries, support, maintenance, and miscellaneous
34purposes, and for not more than the following full-time
35equivalent positions:
-18-
..................................................  $11,209,410
...............................................  FTEs28.99
   3b.  (1)  For a single grant to a program located in a city
4with a higher than average juvenile crime rate as determined
5by the criminal and juvenile justice planning division and
6a population greater than 80,000 as determined by the 2010
7federal decennial census, which may be used for studying,
8planning, programming, and capital, that is committed to
9deterring juvenile delinquency through early intervention in
10the criminal justice system by providing a comprehensive,
11multifaceted delivery of social services:
..................................................  $12140,000
   13(2)  The program shall use no more than 5 percent of the
14grant for administrative costs.
   152.  The criminal and juvenile justice planning advisory
16council and the juvenile justice advisory council shall
17coordinate their efforts in carrying out their respective
18duties relative to juvenile justice.
19   Sec. 19.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
20MANAGEMENT.
  There is appropriated from the 911 emergency
21communications fund created in section 34A.7A to the department
22of homeland security and emergency management for the fiscal
23year beginning July 1, 2019, and ending June 30, 2020, the
24following amount, or so much thereof as is necessary, to be
25used for the purposes designated:
   26For implementation, support, and maintenance of the
27functions of the administrator and program manager under
28chapter 34A and to employ the auditor of the state to perform
29an annual audit of the 911 emergency communications fund:
..................................................  $30250,000
31   Sec. 20.  CONSUMER EDUCATION AND LITIGATION — FARM
32MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
  33Notwithstanding section 714.16C, there is appropriated from the
34consumer education and litigation fund to the department of
35justice for the fiscal year beginning July 1, 2019, and ending
-19-1June 30, 2020, the following amount, or so much thereof as is
2necessary, to be used for the purposes designated:
   3a.  For farm mediation services as specified in section
413.13, subsection 2:
..................................................  $5300,000
   6b.  For salaries, support, maintenance, and miscellaneous
7purposes for criminal prosecutions, criminal appeals, and
8performing duties pursuant to chapter 669:
..................................................  $91,500,000
10DIVISION II
11SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS
12   Sec. 21.  IOWA LAW ENFORCEMENT ACADEMY.  There is
13appropriated from the general fund of the state to the Iowa
14law enforcement academy for the fiscal year beginning July
151, 2018, and ending June 30, 2019, the following amount, or
16so much thereof as is necessary, to be used for the purposes
17designated:
   18For relocation costs, including salaries, support,
19maintenance, and miscellaneous purposes:
..................................................  $20285,982
21   Sec. 22.  2017 Iowa Acts, chapter 167, section 37, subsection
222, as amended by 2018 Iowa Acts, chapter 1168, section 7, is
23amended to read as follows:
   242.  For payments on behalf of eligible adults and juveniles
25from the indigent defense fund, in accordance with section
26815.11:
..................................................  $2735,144,448
2837,644,448
29   Sec. 23.  EFFECTIVE DATE.  The division of this Act, being
30deemed of immediate importance, takes effect upon enactment.
31DIVISION III
32ATTORNEY GENERAL
33   Sec. 24.  NEW SECTION.  13.12  Report of money awards.
   34The attorney general shall report to the legislative
35services agency and the department of management all money
-20-1settlement awards and court money awards which were awarded to
2the state of Iowa. The attorney general shall report which
3funds are designated to receive the moneys and under what legal
4authority the designation is being made.
5   Sec. 25.  REPEAL.  Section 7A.6, Code 2019, is repealed.
6   Sec. 26.  2014 Iowa Acts, chapter 1138, section 21, as
7amended by 2016 Iowa Acts, chapter 1137, section 18, and 2017
8Iowa Acts, chapter 167, section 24, is amended to read as
9follows:
   10SEC. 21.  CONSUMER EDUCATION AND LITIGATION FUND.
  11Notwithstanding section 714.16C, for each fiscal year of the
12period beginning July 1, 2014, and ending June 30, 2019 2021,
13the annual appropriations in section 714.16C, are increased
14from $1,125,000 to $1,875,000, and $75,000 to $125,000
15respectively.
16DIVISION IV
17FIRE SERVICE TRAINING REVOLVING FUND
18   Sec. 27.  Section 100B.4, Code 2019, is amended to read as
19follows:
   20100B.4  Fees — retention — use — fund.
   211.  Fees assessed pursuant to this chapter shall be retained
22by the division of state fire marshal and such repayments
23received shall be used exclusively to offset the cost of
24fire service training. Fees charged by regional emergency
25response training centers for fire service training programs as
26described in section 100B.6 shall not be greater than the fee
27schedule established by rule by the state fire marshal.
   282.  Notwithstanding section 8.33, repayment receipts
29collected by the division of state fire marshal for the fire
30service training bureau that remain unencumbered or unobligated
31at the close of the fiscal year shall not revert but shall
32remain available for expenditure for the purposes designated
33until the close of the succeeding fiscal year.
   343.  A fire service training revolving fund is created in the
35state treasury under the control of the department of public
-21-1safety. The fund shall consist of fees assessed pursuant to
2this section, and deposited into the fire service training
3revolving fund. All moneys in the fund are appropriated to
4the department of public safety for purposes of fire service
5training and shall be under the control of the state fire
6marshal. Notwithstanding section 8.33, moneys in the fund
7that remain unencumbered or unobligated at the close of a
8fiscal year shall not revert but shall remain available for
9expenditures for the purposes designated until the close of
10the succeeding fiscal year. Notwithstanding section 12C.7,
11subsection 2, interest or earnings on moneys in the fund shall
12be credited to the fund.
13   Sec. 28.  EFFECTIVE DATE.  This division of this Act, being
14deemed of immediate importance, takes effect upon enactment.
15   Sec. 29.  RETROACTIVE APPLICABILITY.  This division of this
16Act applies retroactively to July 1, 2018.
17DIVISION V
18DEPARTMENT OF CORRECTIONS
19   Sec. 30.  DEPARTMENT OF CORRECTIONS.  Notwithstanding
20sections 8.33 and 8.39, the department of corrections may use
21any general fund resources appropriated to the department
22for the fiscal year beginning July 1, 2018, and ending June
2330, 2019, for the resolution of the settlement agreement
24with the division of labor services to the amended citation
25P1582-1281728 dated October 18, 2018; requiring the department
26to remedy citation 1(a) by providing adequate means of
27communication for employees to summon assistance during violent
28attacks, which must be abated by March 1, 2019.
29   Sec. 31.  EFFECTIVE DATE.  This division of this Act, being
30deemed of immediate importance, takes effect upon enactment.
31DIVISION VI
32INDIGENT DEFENSE
33   Sec. 32.  2016 Iowa Acts, chapter 1137, section 21,
34subsection 1, is amended to read as follows:
   351.  Notwithstanding any other provision of the law to the
-22-1contrary, for each fiscal year for the period beginning July 1,
22016, and ending June 30, 2019 2022, the state public defender
3may establish a pilot project allowing an indigent person to
4choose an eligible attorney to represent the person in the
5person’s case that requires such representation. The state
6public defender shall have sole discretion to establish the
7pilot project in no more than four counties throughout the
8state. The state public defender may coordinate with other
9agencies and organizations in order to seek grant funding and
10to measure the results of the pilot project.
11   Sec. 33.  EFFECTIVE DATE.  This division of this Act, being
12deemed of immediate importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
   16This bill relates to and makes appropriations to the justice
17system. The bill is organized by divisions.
   18FY 2019-2020 APPROPRIATIONS. The bill makes appropriations
19from the general fund of the state for fiscal year 2019-2020 to
20the departments of justice, corrections, public defense, public
21safety, and homeland security and emergency management, and
22the Iowa law enforcement academy, office of the state public
23defender, board of parole, Iowa state civil rights commission,
24and the criminal and juvenile justice planning division of the
25department of human rights.
   26The bill appropriates moneys from the department of commerce
27revolving fund to the office of consumer advocate of the
28department of justice for fiscal year 2019-2020.
   29The bill also appropriates moneys from the gaming
30enforcement revolving fund to the department of public safety
31for fiscal year 2019-2020.
   32The bill appropriates moneys from the wireless E911
33emergency communications fund to the department of homeland
34security and emergency management for fiscal year 2019-2020.
   35The bill appropriates moneys from the consumer education and
-23-1litigation fund to the department of justice for farm mediation
2services and salaries, support, maintenance, and miscellaneous
3purposes for criminal prosecuting, criminal appeals, and
4performing duties for fiscal year 2019-2020.
   5SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS. The bill
6appropriates moneys to the state public defender and the Iowa
7law enforcement academy for the fiscal year 2018-2019. The
8division is effective upon enactment.
   9ATTORNEY GENERAL. The bill provides that the attorney
10general shall report to the legislative services agency and
11the department of management all money settlements and court
12money awards which were awarded to the state of Iowa. The bill
13provides that the attorney general shall report which funds are
14designated to receive the moneys and under what legal authority
15the designation is being made.
   16The bill repeals Code section 7A.6, which prescribes the
17requirements of the biennial report of the attorney general.
182018 Iowa Acts, chapter 1168, section 18, amended Code section
1913.2, subsection 1, paragraph “g”, by striking the paragraph,
20which required a condition of the attorney general report shall
21be provided to the governor.
   22The bill extends the period beginning fiscal year July 1,
232014, and ending June 30, 2019, by two years for an increase in
24annual appropriations in Code section 714.6C. Specifically,
25it increases the annual appropriations from $1,125,000 to
26$1,875,000 from the consumer education and litigation fund
27to the department of justice to be used for public education
28relating to consumer fraud and for enforcement of Code section
29714.16 and federal consumer laws. It also increases the annual
30appropriations from $75,000 to $125,000 from the consumer
31education and litigation fund to the department of justice to
32be used for investigation, prosecution, and consumer education
33relating to consumer and criminal fraud committed against older
34Iowans.
   35FIRE SERVICE TRAINING REVOLVING FUND. The bill creates a
-24-1fire service training revolving fund and appropriates moneys
2in the fund to the department of public safety and provides
3that the moneys shall be under the control of the state fire
4marshal. The division is effective upon enactment and is
5retroactively applicable to July 1, 2018.
   6DEPARTMENT OF CORRECTIONS. The bill provides that the
7department of corrections may use general fund resources
8appropriated to the department for fiscal year 2018-2019 for
9the resolution of the settlement agreement with the division
10of labor services to remedy the citation by providing adequate
11means of communication for employees to summon assistance
12during violent attacks. The division is effective upon
13enactment.
   14INDIGENT DEFENSE. The bill provides for the extension of the
15state public defender pilot project allowing an indigent person
16to choose an eligible attorney to represent the person in the
17person’s case that requires such representation, extending the
18completion date of that project from June 30, 2019, to June 30,
192022. The division is effective upon enactment.
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