Senate File 599 - IntroducedA Bill ForAn Act 1relating to appropriations to the justice system.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2fy 2021-2022
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, 2021, and ending June 30, 2022, 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
11salaries, support, maintenance, and miscellaneous purposes,
12including the prosecuting attorneys training program, matching
13funds for federal violence against women grant programs,
14victim assistance grants, the office of drug control policy
15prosecuting attorney program, and odometer fraud enforcement,
16and for not more than the following full-time equivalent
17positions:
..................................................  $186,006,268
...............................................  FTEs19213.00
   20As a condition of receiving the appropriation provided
21in this lettered paragraph, the department of justice shall
22maintain a record of the estimated time incurred representing
23each agency or department.
   24The general office of attorney general may temporarily
25exceed and draw more than the amount appropriated in this
26lettered paragraph and incur a negative cash balance as long
27as there are receivables equal to or greater than the negative
28balances and the amount appropriated in this lettered paragraph
29is not exceeded at the close of the fiscal year.
   30b.  For victim assistance grants:
..................................................  $315,016,708
   32The moneys appropriated in this lettered paragraph shall be
33used to provide grants to care providers providing services to
34crime victims of domestic abuse or to crime victims of rape and
35sexual assault.
-1-
   1The balance of the victim compensation fund established
2in section 915.94 may be used to provide salary and support
3of not more than 24.00 full-time equivalent positions and to
4provide maintenance for the victim compensation functions
5of the department of justice. In addition to the full-time
6equivalent positions authorized pursuant to this paragraph,
77.00 full-time equivalent positions are authorized and shall
8be used by the department of justice to employ one accountant
9and four program planners. The department of justice may
10employ the additional 7.00 full-time equivalent positions
11authorized pursuant to this paragraph that are in excess of the
12number of full-time equivalent positions authorized only if
13the department of justice receives sufficient federal moneys
14to maintain employment for the additional full-time equivalent
15positions during the current fiscal year. The department
16of justice shall only employ the additional 7.00 full-time
17equivalent positions in succeeding fiscal years if sufficient
18federal moneys are received during each of those succeeding
19fiscal years.
   20The department of justice shall transfer at least $150,000
21from the victim compensation fund established in section 915.94
22to the victim assistance grant program established in section
2313.31.
   24Notwithstanding section 8.33, moneys appropriated in this
25lettered paragraph that remain unencumbered or unobligated at
26the close of the fiscal year shall not revert but shall remain
27available for expenditure for the purposes designated until the
28close of the succeeding fiscal year.
   29c.  For legal services for persons in poverty grants as
30provided in section 13.34:
..................................................  $312,634,601
   322.  a.  The department of justice, in submitting budget
33estimates for the fiscal year beginning July 1, 2022, pursuant
34to section 8.23, shall include a report of funding from sources
35other than amounts appropriated directly from the general fund
-2-1of the state to the department of justice or to the office of
2consumer advocate. These funding sources shall include but
3are not limited to reimbursements from other state agencies,
4commissions, boards, or similar entities, and reimbursements
5from special funds or internal accounts within the department
6of justice. The department of justice shall also report actual
7reimbursements for the fiscal year beginning July 1, 2020,
8and actual and expected reimbursements for the fiscal year
9beginning July 1, 2021.
   10b.  The department of justice shall include the report
11required under paragraph “a”, as well as information regarding
12any revisions occurring as a result of reimbursements actually
13received or expected at a later date, in a report to the
14general assembly. The department of justice shall submit the
15report on or before January 15, 2022.
   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,
322021, and ending June 30, 2022, 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, 2021, and ending June 30, 2022, 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:
..................................................  $1441,647,701
   15b.  For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
..................................................  $1832,868,225
   19c.  For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
..................................................  $2262,610,335
   23d.  For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
..................................................  $2628,818,686
   27e.  For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
..................................................  $3026,177,884
   31f.  For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
..................................................  $3410,623,767
   35g.  For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
..................................................  $325,132,431
   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:
..................................................  $1223,483,038
   13i.  For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
..................................................  $1630,324,956
   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, 2021, and ending June 30, 2022, 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:
..................................................  $45,473,325
   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 unencumbered or unobligated 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
   125.  For department-wide duties, including operations, costs,
13and miscellaneous purposes:
..................................................  $145,950,000
15   Sec. 5.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
16SERVICES.
   171.  There is appropriated from the general fund of the state
18to the department of corrections for the fiscal year beginning
19July 1, 2021, and ending June 30, 2022, for salaries, support,
20maintenance, and miscellaneous purposes, the following amounts,
21or so much thereof as is necessary, to be used for the purposes
22designated:
   23a.  For the first judicial district department of
24correctional services:
..................................................  $2515,219,261
   26It is the intent of the general assembly that the first
27judicial district department of correctional services maintains
28the drug courts operated by the district department.
   29b.  For the second judicial district department of
30correctional services:
..................................................  $3111,758,160
   32It is the intent of the general assembly that the second
33judicial district department of correctional services maintains
34two drug courts to be operated by the district department.
   35c.  For the third judicial district department of
-7-1correctional services:
..................................................  $27,324,425
   3d.  For the fourth judicial district department of
4correctional services:
..................................................  $55,815,391
   6e.  For the fifth judicial district department of
7correctional services, including funding for electronic
8monitoring devices for use on a statewide basis:
..................................................  $922,008,023
   10It is the intent of the general assembly that the fifth
11judicial district department of correctional services maintains
12the drug court operated by the district department.
   13f.  For the sixth judicial district department of
14correctional services:
..................................................  $1515,069,674
   16It is the intent of the general assembly that the sixth
17judicial district department of correctional services maintains
18the drug court operated by the district department.
   19g.  For the seventh judicial district department of
20correctional services:
..................................................  $218,013,609
   22It is the intent of the general assembly that the seventh
23judicial district department of correctional services maintains
24the drug court operated by the district department.
   25h.  For the eighth judicial district department of
26correctional services:
..................................................  $278,547,829
   282.  There is appropriated from the general fund of the state
29to the department of corrections for the fiscal year beginning
30July 1, 2021, and ending June 30, 2022, the following amount,
31or so much thereof as is necessary, to be used for the purposes
32designated:
   33For statewide judicial assistance, support, and pilot
34projects for judicial district departments of correctional
35services:
-8-
..................................................  $1663,219
   23.  Each judicial district department of correctional
3services, within the moneys available, shall continue programs
4and plans established within that district to provide for
5intensive supervision, sex offender treatment, diversion of
6low-risk offenders to the least restrictive sanction available,
7job development, and expanded use of intermediate criminal
8sanctions.
   94.  Each judicial district department of correctional
10services shall provide alternatives to prison consistent with
11chapter 901B. The alternatives to prison shall ensure public
12safety while providing maximum rehabilitation to the offender.
13A judicial district department of correctional services may
14also establish a day program.
   155.  The governor’s office of drug control policy shall
16consider federal grants made to the department of corrections
17for the benefit of each of the eight judicial district
18departments of correctional services as local government
19grants, as defined pursuant to federal regulations.
   206.  The department of corrections shall continue to contract
21with a judicial district department of correctional services to
22provide for the rental of electronic monitoring equipment which
23shall be available statewide.
   247.  The public safety assessment shall not be utilized
25in pretrial hearings when determining whether to detain or
26release a defendant before trial, and the use of the public
27safety assessment pilot program shall be terminated as of the
28effective date of this subsection, until such time the use of
29the public safety assessment has been specifically authorized
30by the general assembly.
31   Sec. 6.  DEPARTMENT OF CORRECTIONS — REALLOCATION OF
32APPROPRIATIONS.
  Notwithstanding section 8.39, within
33the moneys appropriated in this Act to the department of
34corrections, the department may reallocate the moneys
35appropriated and allocated as necessary to best fulfill the
-9-1needs of the correctional institutions, administration of
2the department, and the judicial district departments of
3correctional services. However, in addition to complying with
4the requirements of sections 904.116 and 905.8 and providing
5notice to the legislative services agency, the department
6of corrections shall also provide notice to the department
7of management, prior to the effective date of the revision
8or reallocation of an appropriation made pursuant to this
9section. The department of corrections shall not reallocate an
10appropriation or allocation for the purpose of eliminating any
11program.
12   Sec. 7.  INTENT — REPORTS.
   131.  The department of corrections, in cooperation with
14townships, the Iowa cemetery associations, and other nonprofit
15or governmental entities, may use inmate labor during the
16fiscal year beginning July 1, 2021, to restore or preserve
17rural cemeteries and historical landmarks. The department, in
18cooperation with the counties, may also use inmate labor to
19clean up roads, major water sources, and other water sources
20around the state.
   212.  On a quarterly basis, the department shall provide
22a status report regarding private-sector employment to the
23general assembly beginning on July 1, 2021. The report shall
24include the number of offenders employed in the private sector,
25the combined number of hours worked by the offenders, the
26total amount of allowances, and the distribution of allowances
27pursuant to section 904.702, including any moneys deposited in
28the general fund of the state.
29   Sec. 8.  ELECTRONIC MONITORING REPORT.  The department of
30corrections shall submit a report on electronic monitoring
31to the general assembly by January 15, 2022. The report
32shall specifically address the number of persons being
33electronically monitored and break down the number of persons
34being electronically monitored by offense committed. The
35report shall also include a comparison of any data from the
-10-1prior fiscal year with the current fiscal year.
2   Sec. 9.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   31.  As used in this section, unless the context otherwise
4requires, “state agency” means the government of the state
5of Iowa, including but not limited to all executive branch
6departments, agencies, boards, bureaus, and commissions, the
7judicial branch, the general assembly and all legislative
8agencies, institutions within the purview of the state board of
9regents, and any corporation whose primary function is to act
10as an instrumentality of the state.
   112.  State agencies are encouraged to purchase products from
12Iowa state industries, as defined in section 904.802, when
13purchases are required and the products are available from
14Iowa state industries. State agencies shall obtain bids from
15Iowa state industries for purchases of office furniture during
16the fiscal year beginning July 1, 2021, exceeding $5,000 or
17in accordance with applicable administrative rules related to
18purchases for the agency.
19   Sec. 10.  IOWA LAW ENFORCEMENT ACADEMY.
   201.  There is appropriated from the general fund of the
21state to the Iowa law enforcement academy for the fiscal year
22beginning July 1, 2021, and ending June 30, 2022, the following
23amount, or so much thereof as is necessary, to be used for the
24purposes designated:
   25a.   For salaries, support, maintenance, and miscellaneous
26purposes, including jailer training and technical assistance,
27and for not more than the following full-time equivalent
28positions:
..................................................  $291,193,868
...............................................  FTEs3030.25
   31b.  The Iowa law enforcement academy may temporarily exceed
32and draw more than the amount appropriated in this subsection
33and incur a negative cash balance as long as there are
34receivables equal to or greater than the negative balance and
35the amount appropriated in this subsection is not exceeded at
-11-1the close of the fiscal year.
   22.  The Iowa law enforcement academy may select at least
3five automobiles of the department of public safety, division
4of state patrol, prior to turning over the automobiles to
5the department of administrative services to be disposed
6of by public auction, and the Iowa law enforcement academy
7may exchange any automobile owned by the academy for each
8automobile selected if the selected automobile is used in
9training law enforcement officers at the academy. However, any
10automobile exchanged by the academy shall be substituted for
11the selected vehicle of the department of public safety and
12sold by public auction with the receipts being deposited in the
13depreciation fund maintained pursuant to section 8A.365 to the
14credit of the department of public safety, division of state
15patrol.
   163.  The Iowa law enforcement academy shall provide training
17for domestic abuse and human trafficking-related issues
18throughout the state. The training shall be offered at no
19cost to the attendees and the training shall not replace any
20existing domestic abuse or human trafficking training offered
21by the academy.
22   Sec. 11.  STATE PUBLIC DEFENDER.  There is appropriated from
23the general fund of the state to the office of the state public
24defender of the department of inspections and appeals for the
25fiscal year beginning July 1, 2021, and ending June 30, 2022,
26the following amounts, or so much thereof as is necessary, to
27be used for the purposes designated:
   281.  For salaries, support, maintenance, and miscellaneous
29purposes, and for not more than the following full-time
30equivalent positions:
..................................................  $3128,044,382
...............................................  FTEs32233.00
   332.  For payments on behalf of eligible adults and juveniles
34from the indigent defense fund, in accordance with section
35815.11:
-12-
..................................................  $139,360,448
2   Sec. 12.  BOARD OF PAROLE.  There is appropriated from the
3general fund of the state to the board of parole for the fiscal
4year beginning July 1, 2021, and ending June 30, 2022, the
5following amount, or so much thereof as is necessary, to be
6used for the purposes designated:
   7For salaries, support, maintenance, and miscellaneous
8purposes, and for not more than the following full-time
9equivalent positions:
..................................................  $101,240,265
...............................................  FTEs1110.53
12   Sec. 13.  DEPARTMENT OF PUBLIC DEFENSE.
   131.  There is appropriated from the general fund of the
14state to the department of public defense, for the fiscal year
15beginning July 1, 2021, and ending June 30, 2022, the following
16amounts, 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:
..................................................  $216,678,140
...............................................  FTEs22254.00
   232.  The department of public defense may temporarily exceed
24and draw more than the amount appropriated in this section and
25incur a negative cash balance as long as there are receivables
26of federal funds equal to or greater than the negative balance
27and the amount appropriated in this section is not exceeded at
28the close of the fiscal year.
29   Sec. 14.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
30MANAGEMENT.
   311.  There is appropriated from the general fund of the state
32to the department of homeland security and emergency management
33for the fiscal year beginning July 1, 2021, and ending June
3430, 2022, the following amounts, or so much thereof as is
35necessary, to be used for the purposes designated:
-13-
   1For salaries, support, maintenance, and miscellaneous
2purposes, and for not more than the following full-time
3equivalent positions:
..................................................  $42,139,390
...............................................  FTEs530.00
   62.  The department of homeland security and emergency
7management may temporarily exceed and draw more than the amount
8appropriated in this section and incur a negative cash balance
9as long as there are receivables of federal funds equal to or
10greater than the negative balance and the amount appropriated
11in this section is not exceeded at the close of the fiscal
12year.
13   Sec. 15.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated
14from the general fund of the state to the department of public
15safety for the fiscal year beginning July 1, 2021, and ending
16June 30, 2022, the following amounts, or so much thereof as is
17necessary, to be used for the purposes designated:
   181.  For administrative functions, including salaries and the
19adjustment of salaries throughout the department, the criminal
20justice information system, and for not more than the following
21full-time equivalent positions:
..................................................  $225,591,361
...............................................  FTEs2343.00
   242.  For the division of criminal investigation, including
25the state’s contribution to the peace officers’ retirement,
26accident, and disability system provided in chapter 97A in the
27amount of the state’s normal contribution rate, as defined in
28section 97A.8, multiplied by the salaries for which the moneys
29are appropriated, to meet federal fund matching requirements,
30and for not more than the following full-time equivalent
31positions:
..................................................  $3217,174,580
...............................................  FTEs33165.00
   343.  For the criminalistics laboratory fund created in
35section 691.9:
-14-
..................................................  $1650,000
   2Notwithstanding section 8.33, moneys appropriated in this
3subsection that remain unencumbered or unobligated at the close
4of the fiscal year shall not revert but shall remain available
5for expenditure for the purposes designated until the close of
6the succeeding fiscal year.
   74.  a.  For the division of narcotics enforcement, including
8the state’s contribution to the peace officers’ retirement,
9accident, and disability system provided in chapter 97A in the
10amount of the state’s normal contribution rate, as defined in
11section 97A.8, multiplied by the salaries for which the moneys
12are appropriated, to meet federal fund matching requirements,
13and for not more than the following full-time equivalent
14positions:
..................................................  $158,124,117
...............................................  FTEs1667.00
   17The division of narcotics enforcement is authorized an
18additional 1.00 full-time equivalent position pursuant to
19this lettered paragraph that is in excess of the number of
20full-time equivalent positions authorized for the previous
21fiscal year only if the division of narcotics enforcement
22receives sufficient federal moneys to maintain employment
23for the additional full-time equivalent position during the
24current fiscal year. The division of narcotics enforcement
25shall only employ the additional full-time equivalent position
26in succeeding fiscal years if sufficient federal moneys are
27received during each of those succeeding fiscal years.
   28b.  For the division of narcotics enforcement for undercover
29purchases:
..................................................  $30209,042
   315.  For the division of state fire marshal, for fire
32protection services as provided through the state fire service
33and emergency response council as created in the department,
34and for the state’s contribution to the peace officers’
35retirement, accident, and disability system provided in chapter
-15-197A in the amount of the state’s normal contribution rate,
2as defined in section 97A.8, multiplied by the salaries for
3which the moneys are appropriated, and for not more than the
4following full-time equivalent positions:
..................................................  $55,231,360
...............................................  FTEs649.00
   76.  For the division of state patrol, for salaries, support,
8maintenance, workers’ compensation costs, and miscellaneous
9purposes, including the state’s contribution to the peace
10officers’ retirement, accident, and disability system provided
11in chapter 97A in the amount of the state’s normal contribution
12rate, as defined in section 97A.8, multiplied by the salaries
13for which the moneys are appropriated, and for not more than
14the following full-time equivalent positions:
..................................................  $1566,037,699
...............................................  FTEs16506.00
   17It is the intent of the general assembly that members of the
18state patrol be assigned to patrol the highways and roads in
19lieu of assignments for inspecting school buses for the school
20districts.
   217.  For deposit in the sick leave benefits fund established
22in section 80.42 for all departmental employees eligible to
23receive benefits for accrued sick leave under the collective
24bargaining agreement:
..................................................  $25279,517
   268.  For costs associated with the training and equipment
27needs of volunteer fire fighters:
..................................................  $28825,520
   29Notwithstanding section 8.33, moneys appropriated in this
30subsection that remain unencumbered or unobligated at the
31close of the fiscal year shall not revert but shall remain
32available for expenditure only for the purpose designated in
33this subsection until the close of the succeeding fiscal year.
   349.  For the public safety interoperable and broadband
35communications fund established in section 80.44:
-16-
..................................................  $1115,661
   210.  For the office to combat human trafficking established
3pursuant to section 80.45, including salaries, support,
4maintenance, miscellaneous purposes, and for not more than the
5following full-time equivalent positions:
..................................................  $6340,000
...............................................  FTEs72.00
   811.  For costs associated with the training and equipment
9needs of volunteer fire fighters:
..................................................  $1050,000
   1112.  For department-wide duties, including operations,
12costs, and miscellaneous purposes:
..................................................  $132,500,000
   14Notwithstanding section 8.39, the department of public
15safety may reallocate moneys appropriated in this section
16as necessary to best fulfill the needs provided for in the
17appropriation. However, the department shall not reallocate
18moneys appropriated to the department in this section unless
19notice of the reallocation is given to the legislative services
20agency and the department of management prior to the effective
21date of the reallocation. The notice shall include information
22regarding the rationale for reallocating the moneys. The
23department shall not reallocate moneys appropriated in this
24section for the purpose of eliminating any program.
25   Sec. 16.  GAMING ENFORCEMENT.
   261.  There is appropriated from the gaming enforcement
27revolving fund created in section 80.43 to the department of
28public safety for the fiscal year beginning July 1, 2021, and
29ending June 30, 2022, the following amount, or so much thereof
30as is necessary, to be used for the purposes designated:
   31For any direct support costs for agents and officers of
32the division of criminal investigation’s excursion gambling
33boat, gambling structure, and racetrack enclosure enforcement
34activities, including salaries, support, maintenance, and
35miscellaneous purposes, and for not more than the following
-17-1full-time equivalent positions:
..................................................  $211,311,731
...............................................  FTEs373.00
   42.  For each additional license to conduct gambling games on
5an excursion gambling boat, gambling structure, or racetrack
6enclosure issued during the fiscal year beginning July 1, 2021,
7there is appropriated from the gaming enforcement fund to the
8department of public safety for the fiscal year beginning July
91, 2021, and ending June 30, 2022, an additional amount of
10not more than $300,000 to be used for full-time equivalent
11positions.
   123.  The department of public safety, with the approval of the
13department of management, may employ no more than three special
14agents for each additional riverboat or gambling structure
15regulated after July 1, 2022, and three special agents for
16each racing facility which becomes operational during the
17fiscal year which begins July 1, 2022. Positions authorized
18in this subsection are in addition to the full-time equivalent
19positions otherwise authorized in this section.
20   Sec. 17.  CIVIL RIGHTS COMMISSION.
   211.  There is appropriated from the general fund of the state
22to the Iowa state civil rights commission for the fiscal year
23beginning July 1, 2021, and ending June 30, 2022, the following
24amount, or so much thereof as is necessary, to be used for the
25purposes designated:
   26For salaries, support, maintenance, and miscellaneous
27purposes, and for not more than the following full-time
28equivalent positions:
..................................................  $291,252,899
...............................................  FTEs3027.00
   312.  The Iowa state civil rights commission may enter into
32a contract with a nonprofit organization to provide legal
33assistance to resolve civil rights complaints.
34   Sec. 18.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
   351.  There is appropriated from the general fund of the state
-18-1to the criminal and juvenile justice planning division of the
2department of human rights for the fiscal year beginning July
31, 2021, and ending June 30, 2022, the following amount or
4so much thereof as is necessary, to be used for the purposes
5designated:
   6a.  For salaries, support, maintenance, and miscellaneous
7purposes, and for not more than the following full-time
8equivalent positions:
..................................................  $91,226,399
...............................................  FTEs108.82
   11b.  (1)  For a single grant to a program located in a city
12with a higher than average juvenile crime rate as determined
13by the criminal and juvenile justice planning division and
14a population greater than 80,000 as determined by the 2010
15federal decennial census, which may be used for studying,
16planning, programming, and capital, that is committed to
17deterring juvenile delinquency through early intervention in
18the criminal justice system by providing a comprehensive,
19multifaceted delivery of social services and which shall meet
20the guiding principles and standards for assessment centers set
21forth by the national assessment center association:
..................................................  $22140,000
   23(2)  The program shall use no more than 5 percent of the
24grant for administrative costs.
   25(3)  A city shall not receive a grant under this paragraph,
26or a similar grant from the state of Iowa, for more than
27two consecutive fiscal years unless no other city meets the
28requirements specified in subparagraph (1).
   292.  The justice advisory board and the juvenile justice
30advisory council shall coordinate their efforts in carrying out
31their respective duties relative to juvenile justice.
32   Sec. 19.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
33MANAGEMENT.
  There is appropriated from the 911 emergency
34communications fund created in section 34A.7A to the department
35of homeland security and emergency management for the fiscal
-19-1year beginning July 1, 2021, and ending June 30, 2022, the
2following amount, or so much thereof as is necessary, to be
3used for the purposes designated:
   4For implementation, support, and maintenance of the
5functions of the administrator and program manager under
6chapter 34A and to employ the auditor of the state to perform
7an annual audit of the 911 emergency communications fund:
..................................................  $8250,000
9   Sec. 20.  CONSUMER EDUCATION AND LITIGATION — FARM
10MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
  11Notwithstanding section 714.16C, there is appropriated from the
12consumer education and litigation fund to the department of
13justice for the fiscal year beginning July 1, 2021, and ending
14June 30, 2022, the following amounts, or so much thereof as is
15necessary, to be used for the purposes designated:
   16a.  For farm mediation services as specified in section
1713.13, subsection 2:
..................................................  $18300,000
   19b.  For salaries, support, maintenance, and miscellaneous
20purposes for criminal prosecutions, criminal appeals, and
21performing duties pursuant to chapter 669:
..................................................  $221,500,000
23DIVISION II
24ATTORNEY GENERAL
25   Sec. 21.  Section 85.67, Code 2021, is amended to read as
26follows:
   2785.67  Administration of fund — special counsel — payment of
28award.
   29The attorney general shall appoint a staff member
30to represent the treasurer of state and the fund in all
31proceedings and matters arising under this subchapter. The
32attorney general shall be reimbursed up to two hundred fifteen
33
 four hundred fifty thousand dollars annually from the fund
34for services provided related to the fund. The commissioner
35of insurance shall consider the reimbursement to the attorney
-20-1general as an outstanding liability when making a determination
2of funding availability under section 85.65A, subsection
32. In making an award under this subchapter, the workers’
4compensation commissioner shall specifically find the amount
5the injured employee shall be paid weekly, the number of weeks
6of compensation which shall be paid by the employer, the date
7upon which payments out of the fund shall begin, and, if
8possible, the length of time the payments shall continue.
9   Sec. 22.  2014 Iowa Acts, chapter 1138, section 21, as
10amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
11Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
12section 26, is amended to read as follows:
   13SEC. 21.  CONSUMER EDUCATION AND LITIGATION
14FUND.
  Notwithstanding section 714.16C, for each fiscal
15year of the period beginning July 1, 2014, and ending June
1630, 2021 2023, the annual appropriations in section 714.16C,
17are increased from $1,125,000 to $1,875,000, and $75,000 to
18$125,000 respectively.
19DIVISION III
20PUBLIC SAFETY
21   Sec. 23.  NEW SECTION.  80.6A  Peace officers — health
22insurance.
   231.  a.  (1)  Notwithstanding any provision to the contrary,
24peace officers employed within the department that are not
25covered under a collective bargaining agreement who were at
26any time eligible to be enrolled in the group health insurance
27plan that is negotiated under chapter 20 between the state
28and the state police officers council labor union and who
29elect to participate in a group health insurance plan provided
30by the state, shall only be permitted, if not prohibited to
31participate pursuant to paragraph “b”, to participate in the
32group health insurance plan that is negotiated under chapter 20
33between the state and the state police officers council labor
34union for peace officers subject to the requirements of this
35subsection. In addition, a peace officer who was covered under
-21-1a collective bargaining agreement and who becomes a manager
2or supervisor and is no longer covered by the agreement shall
3not lose group health insurance benefits as provided by the
4agreement.
   5(2)  Notwithstanding any provision to the contrary, a peace
6officer participating in the group health insurance plan
7pursuant to this paragraph “a” shall have the option, upon
8retirement, to continue participation in the group health
9insurance plan pursuant to section 509A.13 subject to the
10requirements of this section. However, a peace officer who was
11not covered under a collective bargaining agreement and not
12participating in the group health insurance plan as provided by
13this section at the time of retirement shall not be allowed to
14participate in the group health insurance plan negotiated under
15chapter 20 between the state and the state police officers
16council upon retirement.
   17b.  By September 1, 2021, and by September 1 of each year
18thereafter if the ability to participate in the group health
19insurance plan provided by this subsection is offered for that
20year, the governing body of the state police officers council
21shall have the right to offer or terminate the ability to
22participate in the group health insurance plan provided by this
23subsection for the subsequent calendar year and shall provide
24written notice of the council’s decision to the department by
25September 1, if applicable. The Iowa state patrol supervisors
26association shall have the opportunity to address the governing
27board of the state police officers council concerning the
28decision of the governing board under this paragraph on or
29after July 1 but before September 1 of each calendar year, if
30applicable. A decision to terminate the ability to participate
31in the group health insurance plan provided by this subsection
32is irrevocable and applies for all subsequent calendar years.
   332.  The department shall be authorized to retain any savings
34to the department for peace officers participating in the group
35health insurance plan pursuant to subsection 1 from moneys
-22-1appropriated to the department.
2   Sec. 24.  NEW SECTION.  80.6B  Group health insurance plan
3reporting — state police officers council.
   4Prior to July 1 of each calendar year if group health
5insurance is offered to employees that are not covered by a
6collective bargaining agreement, the provider of the group
7health insurance plan negotiated under chapter 20 between the
8state and the state police officers council labor union shall
9submit a report to the state police officers council and the
10departments of public safety and natural resources necessary
11for purposes of complying with the requirements of sections
1280.6A and 456A.13A. The report shall include usage statistics
13that separately account for employees in the group health
14insurance plan covered by a collective bargaining agreement
15negotiated by the state police officers council and those
16employees that are not covered by a collective bargaining
17agreement and shall include any information that led to any
18premium rate increase or decrease for the following calendar
19year.
20   Sec. 25.  NEW SECTION.  456.13A  Full-time officers — health
21insurance.
   221.  a.  (1)  Notwithstanding any provision to the contrary,
23full-time officers as defined in section 456A.13 that are not
24covered under a collective bargaining agreement who were at
25any time eligible to be enrolled in the group health insurance
26plan that is negotiated under chapter 20 between the state
27and the state police officers council labor union and who
28elect to participate in a group health insurance plan provided
29by the state, shall only be permitted, if not prohibited to
30participate pursuant to paragraph “b”, to participate in the
31group health insurance plan that is negotiated under chapter
3220 between the state and the state police officers council
33labor union for full-time officers subject to the requirements
34of this subsection. In addition, a full-time officer who
35was covered under a collective bargaining agreement and who
-23-1becomes a manager or supervisor and is no longer covered by
2the agreement shall not lose group health insurance benefits
3as provided by the agreement.
   4(2)  Notwithstanding any provision to the contrary, a
5full-time officer participating in the group health insurance
6plan pursuant to this paragraph “a” shall have the option,
7upon retirement, to continue participation in the group health
8insurance plan pursuant to section 509A.13 subject to the
9requirements of this section. However, a full-time officer who
10was not covered under a collective bargaining agreement and not
11participating in the group health insurance plan as provided by
12this section at the time of retirement shall not be allowed to
13participate in the group health insurance plan negotiated under
14chapter 20 between the state and the state police officers
15council upon retirement.
   16b.  By September 1, 2021, and by September 1 of each year
17thereafter if the ability to participate in the group health
18insurance plan provided by this subsection is offered for that
19year, the governing body of the state police officers council
20shall have the right to offer or terminate the ability to
21participate in the group health insurance plan provided by this
22subsection for the subsequent calendar year and shall provide
23written notice of the council’s decision to the department
24by September 1, if applicable. A decision to terminate the
25ability to participate in the group health insurance plan
26provided by this subsection is irrevocable and applies for all
27subsequent calendar years.
   282.  The department shall calculate the savings to the
29department for full-time officers employed in the law
30enforcement bureau of the department who are participating in
31the group health insurance plan pursuant to subsection 1. The
32department shall transfer to the state fish and game protection
33fund created in section 456A.17 from moneys appropriated to the
34department an amount equal to the savings calculated by the
35department. In addition, the department shall be authorized
-24-1to retain any savings to the department for full-time officers
2who are not employed in the law enforcement bureau of the
3department participating in the group health insurance plan
4pursuant to subsection 1 from moneys appropriated to the
5department.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
   9This bill relates to and makes appropriations to the justice
10system.
   11The bill makes appropriations from the general fund of
12the state for FY 2021-2022 to the departments of justice,
13corrections, public defense, public safety, and homeland
14security and emergency management, and the Iowa law enforcement
15academy, office of the state public defender, board of parole,
16Iowa state civil rights commission, and the criminal and
17juvenile justice planning division of the department of human
18rights.
   19The bill appropriates moneys from the department of commerce
20revolving fund for FY 2021-2022 to the office of consumer
21advocate of the department of justice.
   22The bill appropriates moneys from the gaming enforcement
23revolving fund for FY 2021-2022 to the department of public
24safety.
   25The bill appropriates moneys from the 911 emergency
26communications fund for FY 2021-2022 to the department of
27homeland security and emergency management.
   28The bill appropriates moneys from the consumer education and
29litigation fund for FY 2021-2022 to the department of justice
30for farm mediation services and salaries, support, maintenance,
31and miscellaneous purposes for criminal prosecutions, criminal
32appeals, and performing certain duties.
   33ATTORNEY GENERAL. Currently, the attorney general is
34required to appoint a staff member to represent the treasurer
35of state and the workers’ compensation fund in all proceedings
-25-1and matters arising under the second injury compensation Act.
2The bill provides that the attorney general shall be reimbursed
3up to $450,000 annually from the fund for services provided
4related to the fund.
   5CONSUMER EDUCATION AND LITIGATION FUND. The bill provides
6that notwithstanding Code section 714.16C, for each fiscal
7year of the period beginning July 1, 2014, and ending June
830, 2023, the annual appropriations in Code section 714.16C,
9are increased from $1,125,000 to $1,875,000, and $75,000 to
10$125,000, respectively.
   11PUBLIC SAFETY. The bill allows peace officers or full-time
12officers employed within the department of public safety and
13the department of natural resources that are not covered
14under a collective bargaining agreement to have the option
15to participate in the group health insurance plan that is
16negotiated between the state and the state police officers
17council labor union (SPOC) for peace officers and full-time
18officers. A peace officer or full-time officer participating
19in the group health insurance plan shall have the option, upon
20retirement, to continue participation in the group health
21insurance plan pursuant to Code section 509A.13 subject to
22the requirements of this Code section. The department is
23authorized to retain any savings to the department for peace
24officers, and full-time officers not employed in the law
25enforcement bureau of the department, participating in the
26group health insurance plan from moneys appropriated to the
27department. The department shall calculate the savings to
28the department for full-time officers employed in the law
29enforcement bureau of the department who are participating in
30the group health insurance plan. The department is required to
31transfer to the state fish and game protection fund created in
32Code section 456A.17 from moneys appropriated to the department
33an amount equal to the savings calculated by the department.
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