Senate File 615 - EnrolledAn Actrelating to appropriations to the justice system, and
including effective date and retroactive applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2019-2020
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, 2019, and ending June 30, 2020, 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, matching funds
for federal violence against women grant programs, 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:
..................................................  $5,989,473
...............................................  FTEs215.00
   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.
   The general office of attorney general may temporarily
exceed and draw more than the amount appropriated in this
lettered paragraph and incur a negative cash balance as long
as there are receivables equal to or greater than the negative
balances and the amount appropriated in this paragraph is not
exceeded at the close of the fiscal year.
   b.  For victim assistance grants:
..................................................  $5,016,708
   The moneys 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
-1-in section 915.94 may be used to provide salary and support
of not more than 24.00 full-time equivalent positions and to
provide maintenance for the victim compensation functions
of the department of justice. In addition to the full-time
equivalent positions authorized pursuant to this paragraph,
5.00 full-time equivalent positions are authorized and shall
be used by the department of justice to employ one accountant
and four program planners. The department of justice may
employ the additional 5.00 full-time equivalent positions
authorized pursuant to this paragraph that are in excess of the
number of full-time equivalent positions authorized only if
the department of justice receives sufficient federal moneys
to maintain employment for the additional full-time equivalent
positions during the current fiscal year. The department
of justice shall only employ the additional 5.00 full-time
equivalent positions in succeeding fiscal years if sufficient
federal moneys are received during each of those succeeding
fiscal years.
   The department of justice shall transfer at least $150,000
from the victim compensation fund established in section 915.94
to the victim assistance grant program.
   Notwithstanding section 8.33, moneys appropriated in this
paragraph “b” that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
   c.  For legal services for persons in poverty grants as
provided in section 13.34:
..................................................  $2,634,601
   2.  a.  The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2020, 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
-2-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, 2018,
and actual and expected reimbursements for the fiscal year
commencing July 1, 2019.
   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, 2020.
   3.  a.  The department of justice shall fully reimburse
the costs and necessary related expenses incurred by the Iowa
law enforcement academy to continue to employ one additional
instructor position who shall provide training for human
trafficking-related issues throughout the state.
   b.  The department of justice shall obtain the moneys
necessary to reimburse the Iowa law enforcement academy to
employ such an instructor from unrestricted moneys from either
the victim compensation fund established in section 915.94, the
human trafficking victim fund established in section 915.95, or
the human trafficking enforcement fund established in 2015 Iowa
Acts, chapter 138, section 141.
   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,
2019, and ending June 30, 2020, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
   For salaries, support, maintenance, and miscellaneous
-3-purposes, and for not more than the following full-time
equivalent positions:
..................................................  $3,137,588
...............................................  FTEs22.00
   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, 2019, and ending June 30, 2020, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
   a.  For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
..................................................  $41,213,841
   b.  For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
..................................................  $32,414,148
   c.  For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
..................................................  $61,812,427
   d.  For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
..................................................  $28,327,158
   e.  For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
..................................................  $25,676,413
   f.  For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
..................................................  $10,521,861
   g.  For the operation of the Clarinda correctional facility,
-4-including salaries, support, maintenance, and miscellaneous
purposes:
..................................................  $24,847,950
   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:
..................................................  $23,294,090
   i.  For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
..................................................  $30,067,231
   j.  For reimbursement of counties for temporary confinement
of prisoners, as provided in sections 901.7, 904.908, and
906.17, and for offenders confined pursuant to section 904.513:
..................................................  $1,082,635
   k.  For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
..................................................  $234,411
   2.  The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam and a Native American spiritual
leader.
   Sec. 4.  DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
   There is appropriated from the general fund of the state to the
department of corrections for the fiscal year beginning July
1, 2019, and ending June 30, 2020, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
   1.  For general administration, including salaries and the
adjustment of salaries throughout the department, support,
-5-maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
..................................................  $8,773,216
   a.  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.
   b.  It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection 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.
   2.  For educational programs for inmates at state penal
institutions:
..................................................  $2,608,109
   a.  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.
   b.  The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
-6-
   c.  Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unobligated or unexpended at the
close of the fiscal year shall not revert but shall remain
available to be used only for the purposes designated in this
subsection until the close of the succeeding fiscal year.
   3.  For the development and operation of the Iowa corrections
offender network (ICON) data system:
..................................................  $2,000,000
   4.  For offender mental health and substance abuse
treatment:
..................................................  $28,065
   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, 2019, and ending June 30, 2020, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
   a.  For the first judicial district department of
correctional services:
..................................................  $15,069,356
   It is the intent of the general assembly that the first
judicial district department of correctional services maintain
the drug courts operated by the district department.
   b.  For the second judicial district department of
correctional services:
..................................................  $11,618,090
   It is the intent of the general assembly that the second
judicial district department of correctional services maintain
two drug courts to be operated by the district department.
   c.  For the third judicial district department of
correctional services:
..................................................  $7,318,308
   d.  For the fourth judicial district department of
-7-correctional services:
..................................................  $5,811,273
   e.  For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
..................................................  $21,986,762
   It is the intent of the general assembly that the fifth
judicial district department of correctional services maintain
the drug court operated by the district department.
   f.  For the sixth judicial district department of
correctional services:
..................................................  $14,839,165
   It is the intent of the general assembly that the sixth
judicial district department of correctional services maintain
the drug court operated by the district department.
   g.  For the seventh judicial district department of
correctional services:
..................................................  $7,919,692
   It is the intent of the general assembly that the seventh
judicial district department of correctional services maintain
the drug court operated by the district department.
   h.  For the eighth judicial district department of
correctional services:
..................................................  $8,443,071
   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.
-8-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
shall be available statewide.
   6.  The public safety assessment shall not be utilized
in pretrial hearings when determining whether to detain or
release a defendant before trial, and the use of the public
safety assessment pilot program shall be terminated as of the
effective date of this subsection, until such time the use of
the public safety assessment has been specifically authorized
by the general assembly.
   Sec. 6.  DEPARTMENT OF CORRECTIONS — REALLOCATION OF
APPROPRIATIONS.
  Notwithstanding section 8.39, within the
moneys appropriated in this division of 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 of corrections shall not reallocate an
appropriation or allocation for the purpose of eliminating any
program.
   Sec. 7.  INTENT — REPORTS.
-9-
   1.  The department of corrections 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, 2019, 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.  On a quarterly basis the department shall provide a
status report regarding private-sector employment to the
legislative services agency beginning on July 1, 2019. The
report shall include the number of offenders employed in the
private sector, the combined number of hours worked by the
offenders, the total amount of allowances, and the distribution
of allowances pursuant to section 904.702, including any moneys
deposited in 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, 2020. 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.
-10-
   2.  State agencies are 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, 2019, exceeding $5,000 or
in accordance with applicable administrative rules related to
purchases for the agency.
   Sec. 10.  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, 2019, and ending June 30, 2020, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
   a.  (1)  For salaries, support, maintenance, and
miscellaneous purposes, including jailer training and technical
assistance, and for not more than the following full-time
equivalent positions:
..................................................  $980,767
...............................................  FTEs27.26
   (2)  For the costs associated with temporary relocation of
the Iowa law enforcement academy:
..................................................  $1,015,442
   b.  The Iowa law enforcement academy may temporarily exceed
and draw more than the amount appropriated in this subsection
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
-11-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.
   3.  The Iowa law enforcement academy shall provide training
for domestic abuse and human trafficking-related issues
throughout the state. The training shall be offered at no
cost to the attendees and the training shall not replace any
existing domestic abuse or human trafficking training offered
by the academy.
   Sec. 11.  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, 2019, and ending June 30, 2020,
the following amounts, or so much thereof as is necessary, to
be used for the purposes designated:
   1.  For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
..................................................  $26,955,139
...............................................  FTEs223.00
   2.  For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
..................................................  $40,760,448
   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, 2019, and ending June 30, 2020, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
-12-equivalent positions:
..................................................  $1,234,687
...............................................  FTEs10.50
   Sec. 13.  DEPARTMENT OF PUBLIC DEFENSE.
   1.  There is appropriated from the general fund of the
state to the department of public defense, for the fiscal year
beginning July 1, 2019, and ending June 30, 2020, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
   For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
..................................................  $6,405,545
...............................................  FTEs249.00
   2.  The department of public defense may temporarily exceed
and draw more than the amount appropriated in this section 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 section is not exceeded at
the close of the fiscal year.
   Sec. 14.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
   1.  There is appropriated from the general fund of the state
to the department of homeland security and emergency management
for the fiscal year beginning July 1, 2019, and ending June
30, 2020, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
   For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
..................................................  $2,124,877
...............................................  FTEs31.03
   2.  The department of homeland security and emergency
management may temporarily exceed and draw more than the amount
appropriated in this section and incur a negative cash balance
-13-as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this section is not exceeded at the close of the fiscal
year.
   Sec. 15.  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, 2019, and ending
June 30, 2020, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
   1.  For administrative functions, including salaries and the
adjustment of salaries throughout the department, the criminal
justice information system, and for not more than the following
full-time equivalent positions:
..................................................  $4,734,703
...............................................  FTEs37.00
   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 moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
..................................................  $15,013,083
...............................................  FTEs162.00
   3.  For the criminalistics laboratory fund created in
section 691.9:
..................................................  $650,000
   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 for the purposes designated until the close of
the succeeding fiscal year.
   4.  a.  For the division of narcotics enforcement, including
the state’s contribution to the peace officers’ retirement,
-14-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 moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
..................................................  $7,985,873
...............................................  FTEs65.00
   The division of narcotics enforcement is authorized an
additional 1.00 full-time equivalent position pursuant to
this lettered paragraph that is in excess of the number of
full-time equivalent positions authorized for the previous
fiscal year only if the division of narcotics enforcement
receives sufficient federal moneys to maintain employment
for the additional full-time equivalent position during the
current fiscal year. The division of narcotics enforcement
shall only employ the additional full-time equivalent position
in succeeding fiscal years if sufficient federal moneys are
received during each of those succeeding fiscal years.
   b.  For the division of narcotics enforcement for undercover
purchases:
..................................................  $209,042
   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 moneys are appropriated, and for not more than the
following full-time equivalent positions:
..................................................  $4,965,056
...............................................  FTEs49.00
   6.  For the division of state patrol, for salaries, support,
maintenance, workers’ compensation costs, and miscellaneous
-15-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 moneys are appropriated, and for not more than
the following full-time equivalent positions:
..................................................  $65,626,287
...............................................  FTEs512.00
   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:
..................................................  $825,520
   a.  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.
   b.  Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
as necessary to best fulfill the needs provided for in the
appropriation. However, the department shall not reallocate
moneys appropriated 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
regarding the rationale for reallocating the moneys. The
department shall not reallocate moneys appropriated in this
-16-section for the purpose of eliminating any program.
   9.  For the public safety interoperable and broadband
communications fund established in section 80.44:
..................................................  $115,661
   10.  For the office to combat human trafficking established
pursuant to section 80.45, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
..................................................  $150,000
...............................................  FTEs1.00
   11.  For department-wide duties, including operations,
costs, and miscellaneous purposes:
..................................................  $1,597,834
   Sec. 16.  GAMING ENFORCEMENT.
   1.  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, 2019, and
ending June 30, 2020, the following amount, or so much thereof
as is necessary, to be used for the purposes designated:
   For any direct 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, and
miscellaneous purposes, and for not more than the following
full-time equivalent positions:
..................................................  $10,469,077
...............................................  FTEs73.00
   2.  For each additional license to conduct gambling games on
an excursion gambling boat, gambling structure, or racetrack
enclosure issued during the fiscal year beginning July 1, 2019,
there is appropriated from the gaming enforcement fund to the
department of public safety for the fiscal year beginning July
1, 2019, and ending June 30, 2020, an additional amount of
not more than $300,000 to be used for full-time equivalent
positions.
-17-
   3.  The department of public safety, with the approval of the
department of management, may employ no more than three special
agents for each additional riverboat or gambling structure
regulated after July 1, 2020, and three special agents for
each racing facility which becomes operational during the
fiscal year which begins July 1, 2020. Positions authorized
in this subsection are in addition to the full-time equivalent
positions otherwise authorized in this section.
   Sec. 17.  CIVIL RIGHTS COMMISSION.
   1.  There is appropriated from the general fund of the state
to the Iowa state civil rights commission for the fiscal year
beginning July 1, 2019, and ending June 30, 2020, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
   For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
..................................................  $1,237,756
...............................................  FTEs26.00
   2.  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. 18.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
   1.  There is appropriated from the general fund of the state
to the criminal and juvenile justice planning division of the
department of human rights for the fiscal year beginning July
1, 2019, and ending June 30, 2020, the following amount or
so much thereof as is necessary, to be used for the purposes
designated:
   a.  For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
..................................................  $1,226,399
...............................................  FTEs8.99
   b.  (1)  For a single grant to a program located in a city
-18-with a higher than average juvenile crime rate as determined
by the criminal and juvenile justice planning division and
a population greater than 80,000 as determined by the 2010
federal decennial census, which may be used for studying,
planning, programming, and capital, that is committed to
deterring juvenile delinquency through early intervention in
the criminal justice system by providing a comprehensive,
multifaceted delivery of social services:
..................................................  $140,000
   (2)  The program shall use no more than 5 percent of the
grant for administrative costs.
   2.  The criminal and juvenile justice planning advisory
council and the juvenile justice advisory council shall
coordinate their efforts in carrying out their respective
duties relative to juvenile justice.
   Sec. 19.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
  There is appropriated from the 911 emergency
communications fund created in section 34A.7A to the department
of homeland security and emergency management for the fiscal
year beginning July 1, 2019, and ending June 30, 2020, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
   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 911 emergency communications fund:
..................................................  $250,000
   Sec. 20.  CONSUMER EDUCATION AND LITIGATION — FARM
MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
  Notwithstanding section 714.16C, there is appropriated from the
consumer education and litigation fund to the department of
justice for the fiscal year beginning July 1, 2019, and ending
June 30, 2020, the following amount, or so much thereof as is
necessary, to be used for the purposes designated:
   a.  For farm mediation services as specified in section
-19-13.13, subsection 2:
..................................................  $300,000
   b.  For salaries, support, maintenance, and miscellaneous
purposes for criminal prosecutions, criminal appeals, and
performing duties pursuant to chapter 669:
..................................................  $1,500,000
DIVISION II
SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS
   Sec. 21.  IOWA LAW ENFORCEMENT ACADEMY.  There is
appropriated from the general fund of the state to the Iowa
law enforcement academy for the fiscal year beginning July
1, 2018, and ending June 30, 2019, the following amount, or
so much thereof as is necessary, to be used for the purposes
designated:
   For relocation costs, including salaries, support,
maintenance, and miscellaneous purposes:
..................................................  $285,982
   Sec. 22.  2017 Iowa Acts, chapter 167, section 37, subsection
2, as amended by 2018 Iowa Acts, chapter 1168, section 7, is
amended to read as follows:
   2.  For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
..................................................  $35,144,448
37,644,448
   Sec. 23.  EFFECTIVE DATE.  The division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION III
ATTORNEY GENERAL
   Sec. 24.  Section 13.2, subsection 1, paragraphs a and b,
Code 2019, are amended to read as follows:
   a.  Prosecute and defend all causes in the Iowa state
appellate courts in which the state is a party or interested.
   b.  (1)  Prosecute and defend in any other Iowa state court
or tribunal, all actions and proceedings, civil or criminal,
-20-in which the state may be a party or interested, when, in the
attorney general’s judgment, the interest of the state requires
such action, or when requested to do so by the governor,
executive council, or general assembly.
   (2)  (a)  Prosecute in any other court or tribunal other than
an Iowa state court or tribunal, all actions or proceedings
including signing onto or authoring amicus briefs or letters of
support, civil or criminal, in which the state may be a party
or interested, when requested to do so by or with the approval
of the governor, executive council, or general assembly.
   (b)  Defend in any other court or tribunal other than an
Iowa state court or tribunal, all actions or proceedings
including signing onto, civil or criminal, in which the state
may be a party or interested, when, in the attorney general’s
judgment, the interest of the state requires such action, or
when requested to do so by the governor, executive council, or
general assembly.
   (c)  Subparagraph divisions (a) and (b) shall not be
construed to affect any pending litigation in which the
attorney general is engaged as of the effective date of this
Act.
   (3)  The authority of the attorney general under this
paragraph shall be determined at the time the action is
initiated. Transfer of an action to a different court or
tribunal shall not affect the attorney general’s authority
under this paragraph if the attorney general had authority at
the time the action was initiated.
   Sec. 25.  NEW SECTION.  13.12  Report of money awards.
   The attorney general shall report to the legislative
services agency and the department of management all money
settlement awards and court money awards which were awarded to
the state of Iowa. The attorney general shall report which
funds are designated to receive the moneys and under what legal
authority the designation is being made.
   Sec. 26.  2014 Iowa Acts, chapter 1138, section 21, as
-21-amended by 2016 Iowa Acts, chapter 1137, section 18, and 2017
Iowa Acts, chapter 167, section 24, is amended to read as
follows:
   SEC. 21.  CONSUMER EDUCATION AND LITIGATION
FUND.
  Notwithstanding section 714.16C, for each fiscal
year of the period beginning July 1, 2014, and ending June
30, 2019 2021, the annual appropriations in section 714.16C,
are increased from $1,125,000 to $1,875,000, and $75,000 to
$125,000 respectively.
   Sec. 27.  REPEAL.  Section 7A.6, Code 2019, is repealed.
   Sec. 28.  EFFECTIVE DATE.  The following, being deemed of
immediate importance, takes effect upon enactment:
   The section of this Act amending section 13.2.
DIVISION IV
FIRE SERVICE TRAINING REVOLVING FUND
   Sec. 29.  Section 100B.4, Code 2019, is amended to read as
follows:
   100B.4  Fees — retention — use — fund.
   1.  Fees assessed pursuant to this chapter shall be retained
by the division of state fire marshal and such repayments
received shall be used exclusively to offset the cost of
fire service training. Fees charged by regional emergency
response training centers for fire service training programs as
described in section 100B.6 shall not be greater than the fee
schedule established by rule by the state fire marshal.
   2.  Notwithstanding section 8.33, repayment receipts
collected by the division of state fire marshal for the fire
service training bureau that remain unencumbered or unobligated
at the close of the fiscal year shall not revert but shall
remain available for expenditure for the purposes designated
until the close of the succeeding fiscal year.
   3.  A fire service training revolving fund is created in the
state treasury under the control of the department of public
safety. The fund shall consist of fees assessed pursuant to
this section, and deposited into the fire service training
-22-revolving fund. All moneys in the fund are appropriated to
the department of public safety for purposes of fire service
training and shall be under the control of the state fire
marshal. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditures for the purposes designated until the close of
the succeeding fiscal year. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the fund shall
be credited to the fund.
   Sec. 30.  EFFECTIVE DATE.  This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
   Sec. 31.  RETROACTIVE APPLICABILITY.  This division of this
Act applies retroactively to July 1, 2018.
DIVISION V
DEPARTMENT OF CORRECTIONS
   Sec. 32.  DEPARTMENT OF CORRECTIONS.  Notwithstanding
sections 8.33 and 8.39, the department of corrections may use
any general fund resources appropriated to the department
for the fiscal year beginning July 1, 2018, and ending June
30, 2019, for the resolution of the settlement agreement
with the division of labor services to the amended citation
P1582-1281728 dated October 18, 2018; requiring the department
to remedy citation 1(a) by providing adequate means of
communication for employees to summon assistance during violent
attacks, which must be abated by March 1, 2020.
   Sec. 33.  EFFECTIVE DATE.  This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION VI
INDIGENT DEFENSE
   Sec. 34.  Section 815.7, subsection 4, Code 2019, is amended
to read as follows:
   4.  For appointments made on or after July 1, 2007, through
June 30, 2019,
the reasonable compensation shall be calculated
on the basis of seventy dollars per hour for class “A”
-23-felonies, sixty-five dollars per hour for class “B” felonies,
and sixty dollars per hour for all other cases.
   Sec. 35.  Section 815.7, Code 2019, is amended by adding the
following new subsection:
   NEW SUBSECTION.  4A.  For appointments made on or after
July 1, 2019, the reasonable compensation shall be calculated
on the basis of seventy-three dollars per hour for class “A”
felonies, sixty-eight dollars per hour for class “B” felonies,
and sixty-three dollars per hour for all other cases.
   Sec. 36.  2016 Iowa Acts, chapter 1137, section 21,
subsection 1, is amended to read as follows:
   1.  Notwithstanding any other provision of the law to the
contrary, for each fiscal year for the period beginning July 1,
2016, and ending June 30, 2019 2022, the state public defender
may establish a pilot project allowing an indigent person to
choose an eligible attorney to represent the person in the
person’s case that requires such representation. The state
public defender shall have sole discretion to establish the
pilot project in no more than four counties throughout the
state. The state public defender may coordinate with other
agencies and organizations in order to seek grant funding and
to measure the results of the pilot project.
   Sec. 37.  EFFECTIVE DATE.  The following, being deemed of
immediate importance, takes effect upon enactment:
   The section of this division of this Act amending 2016 Iowa
Acts, chapter 1137, section 21, subsection 1.
DIVISION VII
Public safety survivor benefits fund
   Sec. 38.  NEW SECTION.  80.47  Public safety survivor benefits
fund.
   1.  A public safety survivor benefits fund is established in
the state treasury under the control of the department. The
fund shall consist of moneys transferred to the fund pursuant
to section 99G.39 and any other moneys appropriated to or
deposited in the fund. Moneys in the fund are appropriated to
-24-the department for the purposes set forth in subsection 2.
   2.  a.  Of the moneys credited to the fund in a fiscal year,
the department shall distribute fifty percent in the form of
grants to nonprofit organizations that provide resources to
assist surviving families of eligible peace officers killed in
the line of duty in paying costs associated with accident or
health care coverage pursuant to section 509A.13C. In awarding
such grants, the department shall give first consideration
to concerns of police survivors, inc., and similar nonprofit
organizations providing such resources.
   b.  Of the moneys credited to the fund in a fiscal year,
the department shall distribute fifty percent in the form of
grants to nonprofit organizations that provide resources to
assist surviving families of eligible fire fighters killed in
the line of duty in paying costs associated with accident or
health care coverage pursuant to section 509A.13C. In awarding
such grants, the department shall give first consideration to
Iowa professional fire fighters, inc., and similar nonprofit
organizations providing such resources.
   3.  Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated. Notwithstanding
section 12C.7, subsection 2, interest or earnings on moneys in
the fund shall be credited to the fund.
   Sec. 39.  Section 99G.39, Code 2019, is amended by adding the
following new subsection:
   NEW SUBSECTION.  3A.  One hundred thousand dollars in lottery
revenues shall be transferred each fiscal year to the public
safety survivor benefits fund established pursuant to section
80.47 prior to deposit of the lottery revenues in the general
fund pursuant to section 99G.40.
   Sec. 40.  Section 99G.39, subsection 4, paragraph a, Code
2019, is amended to read as follows:
   a.  Notwithstanding subsection 1, if gaming revenues under
-25-sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the vision Iowa fund during the fiscal year pursuant to
section 8.57, subsection 5, paragraph “e”, the difference shall
be paid from lottery revenues prior to deposit of the lottery
revenues in the general fund,and transfer of lottery revenues
to the veterans trust fund as provided in subsection 3, and
the transfer of lottery revenues to the public safety survivor
benefits fund as provided in subsection 3A
. If lottery
revenues are insufficient during the fiscal year to pay the
difference, the remaining difference shall be paid from lottery
revenues prior to deposit of lottery revenues in the general
fund,and the transfer of lottery revenues to the veterans
trust fund as provided in subsection 3, and the transfer of
lottery revenues to the public safety survivor benefits fund as
provided in subsection 3A
in subsequent fiscal years as such
revenues become available.
-26-
______________________________
CHARLES SCHNEIDERPresident of the Senate
______________________________
LINDA UPMEYERSpeaker of the House
   I hereby certify that this bill originated in the Senate and is known as Senate File 615, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the Senate
Approved _______________, 2019______________________________
KIM REYNOLDSGovernor
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