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House File 861 - ReprintedA Bill ForAn Act 1relating to appropriations to the justice system,
2gambling regulatory fees, and creating a bureau of
3cyber-crime, establishing a department of corrections
4survivor benefits fund, and including effective date and
5retroactive applicability provisions.
6BE 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:
.................................................. $186,361,238
............................................... FTEs19215.00
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:
.................................................. $1442,488,273
15b. For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
.................................................. $1835,868,225
19c. For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
.................................................. $2263,688,978
23d. For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
.................................................. $2629,390,947
27e. For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
.................................................. $3026,680,161
31f. For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
.................................................. $3410,841,112
35g. For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
.................................................. $325,647,227
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:
.................................................. $1223,979,152
13i. For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1630,903,150
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:
.................................................. $45,558,227
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:
.................................................. $1410,079,991
15Notwithstanding section 8.33, moneys appropriated in this
16section that remain unencumbered or unobligated at the close of
17the fiscal year shall not revert but shall remain available for
18expenditure for the purposes designated until the close of the
19succeeding fiscal year.
20 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
21SERVICES.
221. There is appropriated from the general fund of the state
23to the department of corrections for the fiscal year beginning
24July 1, 2021, and ending June 30, 2022, for salaries, support,
25maintenance, and miscellaneous purposes, the following amounts,
26or so much thereof as is necessary, to be used for the purposes
27designated:
28a. For the first judicial district department of
29correctional services:
.................................................. $3015,553,865
31It is the intent of the general assembly that the first
32judicial district department of correctional services maintains
33the drug courts operated by the district department.
34b. For the second judicial district department of
35correctional services:
-7-.................................................. $112,015,201
2It is the intent of the general assembly that the second
3judicial district department of correctional services maintains
4two drug courts to be operated by the district department.
5c. For the third judicial district department of
6correctional services:
.................................................. $77,519,274
8d. For the fourth judicial district department of
9correctional services:
.................................................. $105,941,717
11e. For the fifth judicial district department of
12correctional services, including funding for electronic
13monitoring devices for use on a statewide basis:
.................................................. $1422,514,230
15It is the intent of the general assembly that the fifth
16judicial district department of correctional services maintains
17the drug court operated by the district department.
18f. For the sixth judicial district department of
19correctional services:
.................................................. $2015,431,664
21It is the intent of the general assembly that the sixth
22judicial district department of correctional services maintains
23the drug court operated by the district department.
24g. For the seventh judicial district department of
25correctional services:
.................................................. $268,213,355
27It is the intent of the general assembly that the seventh
28judicial district department of correctional services maintains
29the drug court operated by the district department.
30h. For the eighth judicial district department of
31correctional services:
.................................................. $328,761,954
332. There is appropriated from the general fund of the state
34to the department of corrections for the fiscal year beginning
35July 1, 2021, and ending June 30, 2022, the following amount,
-8-1or so much thereof as is necessary, to be used for the purposes
2designated:
3For statewide judicial assistance, support, and pilot
4projects for judicial district departments of correctional
5services:
.................................................. $6663,219
73. Each judicial district department of correctional
8services, within the moneys available, shall continue programs
9and plans established within that district to provide for
10intensive supervision, sex offender treatment, diversion of
11low-risk offenders to the least restrictive sanction available,
12job development, and expanded use of intermediate criminal
13sanctions.
144. Each judicial district department of correctional
15services shall provide alternatives to prison consistent with
16chapter 901B. The alternatives to prison shall ensure public
17safety while providing maximum rehabilitation to the offender.
18A judicial district department of correctional services may
19also establish a day program.
205. The governor’s office of drug control policy shall
21consider federal grants made to the department of corrections
22for the benefit of each of the eight judicial district
23departments of correctional services as local government
24grants, as defined pursuant to federal regulations.
256. The department of corrections shall continue to contract
26with a judicial district department of correctional services to
27provide for the rental of electronic monitoring equipment which
28shall be available statewide.
297. The public safety assessment shall not be utilized
30in pretrial hearings when determining whether to detain or
31release a defendant before trial, and the use of the public
32safety assessment pilot program shall be terminated as of the
33effective date of this subsection, until such time the use of
34the public safety assessment has been specifically authorized
35by the general assembly.
-9-1 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
2APPROPRIATIONS. Notwithstanding section 8.39, within
3the moneys appropriated in this Act to the department of
4corrections, the department may reallocate the moneys
5appropriated and allocated as necessary to best fulfill the
6needs of the correctional institutions, administration of
7the department, and the judicial district departments of
8correctional services. However, in addition to complying with
9the requirements of sections 904.116 and 905.8 and providing
10notice to the legislative services agency, the department
11of corrections shall also provide notice to the department
12of management, prior to the effective date of the revision
13or reallocation of an appropriation made pursuant to this
14section. The department of corrections shall not reallocate an
15appropriation or allocation for the purpose of eliminating any
16program.
17 Sec. 7. INTENT — REPORTS.
181. The department of corrections, in cooperation with
19townships, the Iowa cemetery associations, and other nonprofit
20or governmental entities, may use inmate labor during the
21fiscal year beginning July 1, 2021, to restore or preserve
22rural cemeteries and historical landmarks. The department, in
23cooperation with the counties, may also use inmate labor to
24clean up roads, major water sources, and other water sources
25around the state.
262. On a quarterly basis, the department shall provide
27a status report regarding private-sector employment to the
28general assembly beginning on July 1, 2021. The report shall
29include the number of offenders employed in the private sector,
30the combined number of hours worked by the offenders, the
31total amount of allowances, and the distribution of allowances
32pursuant to section 904.702, including any moneys deposited in
33the general fund of the state.
34 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
35corrections shall submit a report on electronic monitoring
-10-1to the general assembly by January 15, 2022. The report
2shall specifically address the number of persons being
3electronically monitored and break down the number of persons
4being electronically monitored by offense committed. The
5report shall also include a comparison of any data from the
6prior fiscal year with the current fiscal year.
7 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
81. As used in this section, unless the context otherwise
9requires, “state agency” means the government of the state
10of Iowa, including but not limited to all executive branch
11departments, agencies, boards, bureaus, and commissions, the
12judicial branch, the general assembly and all legislative
13agencies, institutions within the purview of the state board of
14regents, and any corporation whose primary function is to act
15as an instrumentality of the state.
162. State agencies are encouraged to purchase products from
17Iowa state industries, as defined in section 904.802, when
18purchases are required and the products are available from
19Iowa state industries. State agencies shall obtain bids from
20Iowa state industries for purchases of office furniture during
21the fiscal year beginning July 1, 2021, exceeding $5,000 or
22in accordance with applicable administrative rules related to
23purchases for the agency.
24 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
251. There is appropriated from the general fund of the
26state to the Iowa law enforcement academy for the fiscal year
27beginning July 1, 2021, and ending June 30, 2022, the following
28amount, or so much thereof as is necessary, to be used for the
29purposes designated:
30a. For salaries, support, maintenance, and miscellaneous
31purposes, including jailer training and technical assistance,
32and for not more than the following full-time equivalent
33positions:
.................................................. $341,220,749
............................................... FTEs3530.25
-11- 1b. The Iowa law enforcement academy may temporarily exceed
2and draw more than the amount appropriated in this subsection
3and incur a negative cash balance as long as there are
4receivables equal to or greater than the negative balance and
5the amount appropriated in this subsection is not exceeded at
6the close of the fiscal year.
72. The Iowa law enforcement academy may select at least
8five automobiles of the department of public safety, division
9of state patrol, prior to turning over the automobiles to
10the department of administrative services to be disposed
11of by public auction, and the Iowa law enforcement academy
12may exchange any automobile owned by the academy for each
13automobile selected if the selected automobile is used in
14training law enforcement officers at the academy. However, any
15automobile exchanged by the academy shall be substituted for
16the selected vehicle of the department of public safety and
17sold by public auction with the receipts being deposited in the
18depreciation fund maintained pursuant to section 8A.365 to the
19credit of the department of public safety, division of state
20patrol.
213. The Iowa law enforcement academy shall provide training
22for domestic abuse and human trafficking-related issues
23throughout the state. The training shall be offered at no
24cost to the attendees and the training shall not replace any
25existing domestic abuse or human trafficking training offered
26by the academy.
27 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
28the general fund of the state to the office of the state public
29defender of the department of inspections and appeals for the
30fiscal year beginning July 1, 2021, and ending June 30, 2022,
31the following amounts, or so much thereof as is necessary, to
32be used for the purposes designated:
331. For salaries, support, maintenance, and miscellaneous
34purposes, and for not more than the following full-time
35equivalent positions:
-12-.................................................. $129,483,120
............................................... FTEs2233.00
32. For payments on behalf of eligible adults and juveniles
4from the indigent defense fund, in accordance with section
5815.11:
.................................................. $640,960,374
7 Sec. 12. BOARD OF PAROLE. There is appropriated from the
8general fund of the state to the board of parole for the fiscal
9year beginning July 1, 2021, and ending June 30, 2022, the
10following amount, or so much thereof as is necessary, to be
11used for the purposes designated:
12For salaries, support, maintenance, and miscellaneous
13purposes, and for not more than the following full-time
14equivalent positions:
.................................................. $151,285,739
............................................... FTEs1610.53
17 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
181. There is appropriated from the general fund of the
19state to the department of public defense, for the fiscal year
20beginning July 1, 2021, and ending June 30, 2022, the following
21amounts, or so much thereof as is necessary, to be used for the
22purposes designated:
23For salaries, support, maintenance, and miscellaneous
24purposes, and for not more than the following full-time
25equivalent positions:
.................................................. $266,916,601
............................................... FTEs27254.00
282. The department of public defense may temporarily exceed
29and draw more than the amount appropriated in this section and
30incur a negative cash balance as long as there are receivables
31of federal funds equal to or greater than the negative balance
32and the amount appropriated in this section is not exceeded at
33the close of the fiscal year.
34 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
35MANAGEMENT.
-13- 11. There is appropriated from the general fund of the state
2to the department of homeland security and emergency management
3for the fiscal year beginning July 1, 2021, and ending June
430, 2022, the following amounts, or so much thereof as is
5necessary, to be used for the purposes designated:
6For salaries, support, maintenance, and miscellaneous
7purposes, and for not more than the following full-time
8equivalent positions:
.................................................. $92,287,756
............................................... FTEs1030.00
112. The department of homeland security and emergency
12management may temporarily exceed and draw more than the amount
13appropriated in this section and incur a negative cash balance
14as long as there are receivables of federal funds equal to or
15greater than the negative balance and the amount appropriated
16in this section is not exceeded at the close of the fiscal
17year.
18 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
19from the general fund of the state to the department of public
20safety for the fiscal year beginning July 1, 2021, and ending
21June 30, 2022, the following amounts, or so much thereof as is
22necessary, to be used for the purposes designated:
231. For administrative functions, including salaries and the
24adjustment of salaries throughout the department, the criminal
25justice information system, and for not more than the following
26full-time equivalent positions:
.................................................. $275,833,065
............................................... FTEs2843.00
292. For the division of criminal investigation, including
30the state’s contribution to the peace officers’ retirement,
31accident, and disability system provided in chapter 97A in the
32amount of the state’s normal contribution rate, as defined in
33section 97A.8, multiplied by the salaries for which the moneys
34are appropriated, to meet federal fund matching requirements,
35and for not more than the following full-time equivalent
-14-1positions:
.................................................. $219,316,868
............................................... FTEs3180.00
43. For the criminalistics laboratory fund created in
5section 691.9:
.................................................. $6650,000
7Notwithstanding section 8.33, moneys appropriated in this
8subsection that remain unencumbered or unobligated at the close
9of the fiscal year shall not revert but shall remain available
10for expenditure for the purposes designated until the close of
11the succeeding fiscal year.
124. a. For the division of narcotics enforcement, including
13the state’s contribution to the peace officers’ retirement,
14accident, and disability system provided in chapter 97A in the
15amount of the state’s normal contribution rate, as defined in
16section 97A.8, multiplied by the salaries for which the moneys
17are appropriated, to meet federal fund matching requirements,
18and for not more than the following full-time equivalent
19positions:
.................................................. $208,428,156
............................................... FTEs2167.00
22The division of narcotics enforcement is authorized an
23additional 1.00 full-time equivalent position pursuant to
24this lettered paragraph that is in excess of the number of
25full-time equivalent positions authorized for the previous
26fiscal year only if the division of narcotics enforcement
27receives sufficient federal moneys to maintain employment
28for the additional full-time equivalent position during the
29current fiscal year. The division of narcotics enforcement
30shall only employ the additional full-time equivalent position
31in succeeding fiscal years if sufficient federal moneys are
32received during each of those succeeding fiscal years.
33b. For the division of narcotics enforcement for undercover
34purchases:
.................................................. $35209,042
-15- 15. For the division of state fire marshal, for fire
2protection services as provided through the state fire service
3and emergency response council as created in the department,
4and for the state’s contribution to the peace officers’
5retirement, accident, and disability system provided in chapter
697A in the amount of the state’s normal contribution rate,
7as defined in section 97A.8, multiplied by the salaries for
8which the moneys are appropriated, and for not more than the
9following full-time equivalent positions:
.................................................. $105,460,291
............................................... FTEs1149.00
126. For the division of state patrol, for salaries, support,
13maintenance, workers’ compensation costs, and miscellaneous
14purposes, including the state’s contribution to the peace
15officers’ retirement, accident, and disability system provided
16in chapter 97A in the amount of the state’s normal contribution
17rate, as defined in section 97A.8, multiplied by the salaries
18for which the moneys are appropriated, and for not more than
19the following full-time equivalent positions:
.................................................. $2069,432,433
............................................... FTEs21506.00
22It is the intent of the general assembly that members of the
23state patrol be assigned to patrol the highways and roads in
24lieu of assignments for inspecting school buses for the school
25districts.
267. For deposit in the sick leave benefits fund established
27in section 80.42 for all departmental employees eligible to
28receive benefits for accrued sick leave under the collective
29bargaining agreement:
.................................................. $30279,517
318. For costs associated with the training and equipment
32needs of volunteer fire fighters:
.................................................. $33825,520
34Notwithstanding section 8.33, moneys appropriated in this
35subsection that remain unencumbered or unobligated at the
-16-1close of the fiscal year shall not revert but shall remain
2available for expenditure only for the purpose designated in
3this subsection until the close of the succeeding fiscal year.
49. For the public safety interoperable and broadband
5communications fund established in section 80.44:
.................................................. $6115,661
710. For the office to combat human trafficking established
8pursuant to section 80.45, including salaries, support,
9maintenance, miscellaneous purposes, and for not more than the
10following full-time equivalent positions:
.................................................. $11197,325
............................................... FTEs122.00
1311. For costs associated with the training and equipment
14needs of volunteer fire fighters:
.................................................. $1550,000
1612. For deposit in the public safety equipment fund
17established in section 80.48 for the purchase, maintenance, and
18replacement of equipment used by the department:
.................................................. $192,500,000
20Notwithstanding section 8.39, the department of public
21safety may reallocate moneys appropriated in this section
22as necessary to best fulfill the needs provided for in the
23appropriation. However, the department shall not reallocate
24moneys appropriated to the department in this section unless
25notice of the reallocation is given to the legislative services
26agency and the department of management prior to the effective
27date of the reallocation. The notice shall include information
28regarding the rationale for reallocating the moneys. The
29department shall not reallocate moneys appropriated in this
30section for the purpose of eliminating any program.
31 Sec. 16. GAMING ENFORCEMENT.
321. There is appropriated from the gaming enforcement
33revolving fund created in section 80.43 to the department of
34public safety for the fiscal year beginning July 1, 2021, and
35ending June 30, 2022, the following amount, or so much thereof
-17-1as is necessary, to be used for the purposes designated:
2For any direct support costs for agents and officers of
3the division of criminal investigation’s excursion gambling
4boat, gambling structure, and racetrack enclosure enforcement
5activities, including salaries, support, maintenance, and
6miscellaneous purposes, and for not more than the following
7full-time equivalent positions:
.................................................. $810,211,731
............................................... FTEs973.00
102. For each additional license to conduct gambling games on
11an excursion gambling boat, gambling structure, or racetrack
12enclosure issued during the fiscal year beginning July 1, 2021,
13there is appropriated from the gaming enforcement fund to the
14department of public safety for the fiscal year beginning July
151, 2021, and ending June 30, 2022, an additional amount of
16not more than $300,000 to be used for full-time equivalent
17positions.
183. The department of public safety, with the approval of the
19department of management, may employ no more than three special
20agents for each additional riverboat or gambling structure
21regulated after July 1, 2022, and three special agents for
22each racing facility which becomes operational during the
23fiscal year which begins July 1, 2022. Positions authorized
24in this subsection are in addition to the full-time equivalent
25positions otherwise authorized in this section.
26 Sec. 17. CIVIL RIGHTS COMMISSION.
271. There is appropriated from the general fund of the state
28to the Iowa state civil rights commission for the fiscal year
29beginning July 1, 2021, and ending June 30, 2022, the following
30amount, or so much thereof as is necessary, to be used for the
31purposes designated:
32For salaries, support, maintenance, and miscellaneous
33purposes, and for not more than the following full-time
34equivalent positions:
.................................................. $351,318,718
-18-............................................... FTEs127.00
22. The Iowa state civil rights commission may enter into
3a contract with a nonprofit organization to provide legal
4assistance to resolve civil rights complaints.
5 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
61. There is appropriated from the general fund of the state
7to the criminal and juvenile justice planning division of the
8department of human rights for the fiscal year beginning July
91, 2021, and ending June 30, 2022, the following amount or
10so much thereof as is necessary, to be used for the purposes
11designated:
12a. For salaries, support, maintenance, and miscellaneous
13purposes, and for not more than the following full-time
14equivalent positions:
.................................................. $151,288,368
............................................... FTEs168.82
17b. (1) For a single grant to a program located in a city
18with a higher than average juvenile crime rate as determined
19by the criminal and juvenile justice planning division and
20a population greater than 80,000 as determined by the 2010
21federal decennial census, which may be used for studying,
22planning, programming, and capital, that is committed to
23deterring juvenile delinquency through early intervention in
24the criminal justice system by providing a comprehensive,
25multifaceted delivery of social services and which shall meet
26the guiding principles and standards for assessment centers set
27forth by the national assessment center association:
.................................................. $28140,000
29(2) The program shall use no more than 5 percent of the
30grant for administrative costs.
31(3) A city shall not receive a grant under this paragraph,
32or a similar grant from the state of Iowa, for more than
33two consecutive fiscal years unless no other city meets the
34requirements specified in subparagraph (1).
352. The justice advisory board and the juvenile justice
-19-1advisory council shall coordinate their efforts in carrying out
2their respective duties relative to juvenile justice.
3 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
4MANAGEMENT. There is appropriated from the 911 emergency
5communications fund created in section 34A.7A to the department
6of homeland security and emergency management for the fiscal
7year beginning July 1, 2021, and ending June 30, 2022, the
8following amount, or so much thereof as is necessary, to be
9used for the purposes designated:
10For implementation, support, and maintenance of the
11functions of the administrator and program manager under
12chapter 34A and to employ the auditor of the state to perform
13an annual audit of the 911 emergency communications fund:
.................................................. $14250,000
15 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
16MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
17Notwithstanding section 714.16C, there is appropriated from the
18consumer education and litigation fund to the department of
19justice for the fiscal year beginning July 1, 2021, and ending
20June 30, 2022, the following amounts, or so much thereof as is
21necessary, to be used for the purposes designated:
22a. For farm mediation services as specified in section
2313.13, subsection 2:
.................................................. $24300,000
25b. For salaries, support, maintenance, and miscellaneous
26purposes for criminal prosecutions, criminal appeals, and
27performing duties pursuant to chapter 669:
.................................................. $282,000,000
............................................... FTEs292.00
30DIVISION II
31MISCELLANEOUS APPROPRIATIONS
32 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
33MANAGEMENT — APPROPRIATION. There is appropriated from
34the general fund of the state to the department of homeland
35security and emergency management for the fiscal year beginning
-20-1July 1, 2021, and ending June 30, 2022, the following amount,
2or so much thereof as is necessary, to be used to conduct a
3governance and funding of levee districts study:
.................................................. $4400,000
5DIVISION III
6ATTORNEY GENERAL
7 Sec. 22. Section 85.67, Code 2021, is amended to read as
8follows:
985.67 Administration of fund — special counsel — payment of
10award.
11The attorney general shall appoint a staff member
12to represent the treasurer of state and the fund in all
13proceedings and matters arising under this subchapter. The
14attorney general shall be reimbursed up to two hundred fifteen
15 four hundred fifty thousand dollars annually from the fund
16for services provided related to the fund. The commissioner
17of insurance shall consider the reimbursement to the attorney
18general as an outstanding liability when making a determination
19of funding availability under section 85.65A, subsection
202. In making an award under this subchapter, the workers’
21compensation commissioner shall specifically find the amount
22the injured employee shall be paid weekly, the number of weeks
23of compensation which shall be paid by the employer, the date
24upon which payments out of the fund shall begin, and, if
25possible, the length of time the payments shall continue.
26 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
27amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
28Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
29section 26, is amended to read as follows:
30SEC. 21. CONSUMER EDUCATION AND LITIGATION
31FUND. Notwithstanding section 714.16C, for each fiscal
32year of the period beginning July 1, 2014, and ending June
3330, 2021 2023, the annual appropriations in section 714.16C,
34are increased from $1,125,000 to $1,875,000, and $75,000 to
35$125,000 respectively.
-21-1DIVISION IV
2INDIGENT DEFENSE
3 Sec. 24. Section 815.7, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 5A. For appointments made on or after
6July 1, 2021, the reasonable compensation shall be calculated
7on the basis of seventy-six dollars per hour for class “A”
8felonies, seventy-one dollars per hour for class “B” felonies,
9and sixty-six dollars per hour for all other cases.
10DIVISION V
11GAMBLING — FEES
12 Sec. 25. Section 99D.14, subsection 2, paragraph a,
13subparagraph (1), Code 2021, is amended to read as follows:
14(1) A licensee shall pay a regulatory fee to be charged as
15provided in this section. In determining the regulatory fee
16to be charged as provided under this section, the commission
17shall use the amount appropriated to the commission plus
18the cost of salaries for no more than three special agents
19assigned pursuant to the provisions of section 80.25A, for
20each racetrack that has not been issued a table games license
21under chapter 99F or no more than three special agents
22assigned pursuant to the provisions of section 80.25A, for each
23racetrack that has been issued a table games license under
24chapter 99F, plus any direct and indirect support costs for the
25agents, for the division of criminal investigation’s racetrack
26activities duties pursuant to chapters 99D, 99E, and 99F, and
27section 80.25A, as the basis for determining the amount of
28revenue to be raised from the regulatory fee.
29 Sec. 26. Section 99F.10, subsection 4, paragraph a, Code
302021, is amended to read as follows:
31a. In determining the license fees and state regulatory
32fees to be charged as provided under section 99F.4 and this
33section, the commission shall use as the basis for determining
34the amount of revenue to be raised from the license fees and
35regulatory fees the amount appropriated to the commission plus
-22-1the cost of salaries for no more than three special agents for
2each excursion gambling boat or gambling structure assigned
3pursuant to the provisions of section 80.25A, plus any direct
4and indirect support costs for the agents, for the division of
5criminal investigation’s excursion gambling boat or gambling
6structure activities duties pursuant to chapters 99D, 99E, and
799F, and section 80.25A.
8 Sec. 27. Section 99F.10, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4A. For the fiscal year beginning July
111, 2021, and each fiscal year thereafter, the seven licensees
12with the lowest adjusted gross receipts for the previous fiscal
13year shall pay a reduced regulatory fee. The division of
14criminal investigation shall calculate the regulatory fee to
15be paid by each licensee using a methodology that reduces the
16regulatory fee for the seven licensees with the lowest adjusted
17gross receipts by an amount equivalent to the portion of the
18regulatory fees associated with one special agent.
19 Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION
20— FEES. Notwithstanding section 99F.10, the cost of seven
21special agent full-time equivalent positions assigned pursuant
22to section 80.25A, as determined by the commissioner of public
23safety, shall be credited to the general fund on July 1, 2021.
24DIVISION VI
25DEPARTMENT OF PUBLIC SAFETY — BUREAU of CYBER-CRIME
26 Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. h. When engaged in the investigation of
29crimes and the enforcement of laws relating to cyber-crime.
30 Sec. 30. NEW SECTION. 80.40 Bureau of cyber-crime.
311. The bureau of cyber-crime is established within the
32division of criminal investigation of the department. The
33purpose of the bureau is to investigate crimes with a nexus to
34the internet or computer technology including but not limited
35to crimes involving child exploitation and cyber intrusion.
-23- 12. The bureau of cyber-crime shall have the authority
2to conduct investigations and perform forensic analyses
3of criminal cases involving computer technology and to
4provide assistance to governmental agencies involved in the
5investigation of cyber-crime.
6DIVISION VII
7DEPARTMENT OF CORRECTIONS
8 Sec. 31. Section 99G.39, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4A. One hundred thousand dollars in
11lottery revenues shall be transferred each fiscal year to the
12department of corrections survivor benefits fund established
13pursuant to section 904.321 prior to deposit of the lottery
14revenues in the general fund pursuant to section 99G.40.
15 Sec. 32. NEW SECTION. 509A.13D Health insurance coverage —
16surviving spouse and children of certain employees of the Iowa
17department of corrections.
181. For the purposes of this section, “eligible employee of
19the Iowa department of corrections” means any of the following:
20a. An employee of the Iowa department of corrections.
21b. An employee of the Iowa department of corrections whose
22death has been determined by the department to be the direct
23and proximate result of a traumatic personal injury incurred in
24the line of duty, and to whom none of the following applies:
25(1) The employee’s death resulted from stress, strain,
26occupational illness, or a chronic, progressive, or congenital
27illness, including but not limited to a disease of the heart,
28lungs, or respiratory system, unless a traumatic personal
29injury was a substantial contributing factor to the employee’s
30death.
31(2) The employee’s death was caused by the employee’s
32intentional misconduct, or by the employee’s intent to cause
33the employee’s own death.
34(3) The employee was voluntarily intoxicated at the time of
35the employee’s death.
-24- 1(4) The employee was performing the employee’s duties in a
2grossly negligent manner at the time of the employee’s death.
32. a. If the governing body of the state has procured
4health insurance coverage for its employees under this chapter,
5the governing body of the state shall permit continuation
6of existing health insurance coverage or reenrollment in
7previously existing coverage for the surviving spouse and each
8surviving child of an eligible employee of the Iowa department
9of corrections.
10b. The governing body of the state shall permit continuation
11of existing health insurance coverage for the surviving spouse
12and each surviving child of an employee of the Iowa department
13of corrections who dies and who is reasonably expected to be
14determined to be an eligible employee of the Iowa department
15of corrections, until such time as the determination of
16eligibility is made.
173. The governing body of the state shall not be required to
18pay for the cost of the health insurance under this section;
19however, the governing body of the state may pay the full cost
20or a portion of the cost of the health insurance. If the full
21cost or a portion of the cost of the coverage is not paid by
22the governing body of the state, the surviving spouse and each
23surviving child who is eligible for health insurance under this
24section may elect to continue coverage by paying that portion
25of the cost of the health insurance not paid by the governing
26body of the state.
274. The governing body of the state shall notify the
28provider of health insurance coverage for state employees of
29the identity of the surviving spouse and each surviving child
30who is to be provided health insurance coverage pursuant to the
31requirements of this section.
325. This section shall not require continuation of health
33insurance coverage if the surviving spouse or a surviving child
34who would otherwise be entitled to continuation of health
35insurance coverage under this section was, through the actions
-25-1of the surviving spouse or the surviving child, a substantial
2contributing factor to the death of the eligible employee of
3the Iowa department of corrections.
4 Sec. 33. NEW SECTION. 904.321 Department of corrections
5survivor benefits fund.
61. A department of corrections survivor benefits fund is
7established in the state treasury under the control of the
8department. The fund shall consist of moneys transferred
9to the fund pursuant to section 99G.39 and any other moneys
10appropriated to or deposited in the fund. Moneys in the fund
11are appropriated to the department for the purposes set forth
12in subsection 2.
132. The department shall distribute the moneys credited to
14the fund in a fiscal year in the form of grants to nonprofit
15organizations that provide resources to assist surviving
16families of eligible employees of the department of corrections
17killed in the line of duty in paying costs associated with
18accident or health care coverage pursuant to section 509A.13D.
193. Notwithstanding section 8.33, moneys in the fund
20that remain unencumbered or unobligated at the close of a
21fiscal year shall not revert but shall remain available for
22expenditure for the purposes designated. Notwithstanding
23section 12C.7, subsection 2, interest or earnings on moneys in
24the fund shall be credited to the fund.
25 Sec. 34. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 35. RETROACTIVE APPLICABILITY. This division of this
28Act applies retroactively to March 1, 2021.
as/tm/md
2gambling regulatory fees, and creating a bureau of
3cyber-crime, establishing a department of corrections
4survivor benefits fund, and including effective date and
5retroactive applicability provisions.
6BE 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:
.................................................. $186,361,238
............................................... FTEs19215.00
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:
.................................................. $1442,488,273
15b. For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
.................................................. $1835,868,225
19c. For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
.................................................. $2263,688,978
23d. For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
.................................................. $2629,390,947
27e. For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
.................................................. $3026,680,161
31f. For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
.................................................. $3410,841,112
35g. For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
.................................................. $325,647,227
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:
.................................................. $1223,979,152
13i. For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1630,903,150
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:
.................................................. $45,558,227
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:
.................................................. $1410,079,991
15Notwithstanding section 8.33, moneys appropriated in this
16section that remain unencumbered or unobligated at the close of
17the fiscal year shall not revert but shall remain available for
18expenditure for the purposes designated until the close of the
19succeeding fiscal year.
20 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
21SERVICES.
221. There is appropriated from the general fund of the state
23to the department of corrections for the fiscal year beginning
24July 1, 2021, and ending June 30, 2022, for salaries, support,
25maintenance, and miscellaneous purposes, the following amounts,
26or so much thereof as is necessary, to be used for the purposes
27designated:
28a. For the first judicial district department of
29correctional services:
.................................................. $3015,553,865
31It is the intent of the general assembly that the first
32judicial district department of correctional services maintains
33the drug courts operated by the district department.
34b. For the second judicial district department of
35correctional services:
-7-.................................................. $112,015,201
2It is the intent of the general assembly that the second
3judicial district department of correctional services maintains
4two drug courts to be operated by the district department.
5c. For the third judicial district department of
6correctional services:
.................................................. $77,519,274
8d. For the fourth judicial district department of
9correctional services:
.................................................. $105,941,717
11e. For the fifth judicial district department of
12correctional services, including funding for electronic
13monitoring devices for use on a statewide basis:
.................................................. $1422,514,230
15It is the intent of the general assembly that the fifth
16judicial district department of correctional services maintains
17the drug court operated by the district department.
18f. For the sixth judicial district department of
19correctional services:
.................................................. $2015,431,664
21It is the intent of the general assembly that the sixth
22judicial district department of correctional services maintains
23the drug court operated by the district department.
24g. For the seventh judicial district department of
25correctional services:
.................................................. $268,213,355
27It is the intent of the general assembly that the seventh
28judicial district department of correctional services maintains
29the drug court operated by the district department.
30h. For the eighth judicial district department of
31correctional services:
.................................................. $328,761,954
332. There is appropriated from the general fund of the state
34to the department of corrections for the fiscal year beginning
35July 1, 2021, and ending June 30, 2022, the following amount,
-8-1or so much thereof as is necessary, to be used for the purposes
2designated:
3For statewide judicial assistance, support, and pilot
4projects for judicial district departments of correctional
5services:
.................................................. $6663,219
73. Each judicial district department of correctional
8services, within the moneys available, shall continue programs
9and plans established within that district to provide for
10intensive supervision, sex offender treatment, diversion of
11low-risk offenders to the least restrictive sanction available,
12job development, and expanded use of intermediate criminal
13sanctions.
144. Each judicial district department of correctional
15services shall provide alternatives to prison consistent with
16chapter 901B. The alternatives to prison shall ensure public
17safety while providing maximum rehabilitation to the offender.
18A judicial district department of correctional services may
19also establish a day program.
205. The governor’s office of drug control policy shall
21consider federal grants made to the department of corrections
22for the benefit of each of the eight judicial district
23departments of correctional services as local government
24grants, as defined pursuant to federal regulations.
256. The department of corrections shall continue to contract
26with a judicial district department of correctional services to
27provide for the rental of electronic monitoring equipment which
28shall be available statewide.
297. The public safety assessment shall not be utilized
30in pretrial hearings when determining whether to detain or
31release a defendant before trial, and the use of the public
32safety assessment pilot program shall be terminated as of the
33effective date of this subsection, until such time the use of
34the public safety assessment has been specifically authorized
35by the general assembly.
-9-1 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
2APPROPRIATIONS. Notwithstanding section 8.39, within
3the moneys appropriated in this Act to the department of
4corrections, the department may reallocate the moneys
5appropriated and allocated as necessary to best fulfill the
6needs of the correctional institutions, administration of
7the department, and the judicial district departments of
8correctional services. However, in addition to complying with
9the requirements of sections 904.116 and 905.8 and providing
10notice to the legislative services agency, the department
11of corrections shall also provide notice to the department
12of management, prior to the effective date of the revision
13or reallocation of an appropriation made pursuant to this
14section. The department of corrections shall not reallocate an
15appropriation or allocation for the purpose of eliminating any
16program.
17 Sec. 7. INTENT — REPORTS.
181. The department of corrections, in cooperation with
19townships, the Iowa cemetery associations, and other nonprofit
20or governmental entities, may use inmate labor during the
21fiscal year beginning July 1, 2021, to restore or preserve
22rural cemeteries and historical landmarks. The department, in
23cooperation with the counties, may also use inmate labor to
24clean up roads, major water sources, and other water sources
25around the state.
262. On a quarterly basis, the department shall provide
27a status report regarding private-sector employment to the
28general assembly beginning on July 1, 2021. The report shall
29include the number of offenders employed in the private sector,
30the combined number of hours worked by the offenders, the
31total amount of allowances, and the distribution of allowances
32pursuant to section 904.702, including any moneys deposited in
33the general fund of the state.
34 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
35corrections shall submit a report on electronic monitoring
-10-1to the general assembly by January 15, 2022. The report
2shall specifically address the number of persons being
3electronically monitored and break down the number of persons
4being electronically monitored by offense committed. The
5report shall also include a comparison of any data from the
6prior fiscal year with the current fiscal year.
7 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
81. As used in this section, unless the context otherwise
9requires, “state agency” means the government of the state
10of Iowa, including but not limited to all executive branch
11departments, agencies, boards, bureaus, and commissions, the
12judicial branch, the general assembly and all legislative
13agencies, institutions within the purview of the state board of
14regents, and any corporation whose primary function is to act
15as an instrumentality of the state.
162. State agencies are encouraged to purchase products from
17Iowa state industries, as defined in section 904.802, when
18purchases are required and the products are available from
19Iowa state industries. State agencies shall obtain bids from
20Iowa state industries for purchases of office furniture during
21the fiscal year beginning July 1, 2021, exceeding $5,000 or
22in accordance with applicable administrative rules related to
23purchases for the agency.
24 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
251. There is appropriated from the general fund of the
26state to the Iowa law enforcement academy for the fiscal year
27beginning July 1, 2021, and ending June 30, 2022, the following
28amount, or so much thereof as is necessary, to be used for the
29purposes designated:
30a. For salaries, support, maintenance, and miscellaneous
31purposes, including jailer training and technical assistance,
32and for not more than the following full-time equivalent
33positions:
.................................................. $341,220,749
............................................... FTEs3530.25
-11- 1b. The Iowa law enforcement academy may temporarily exceed
2and draw more than the amount appropriated in this subsection
3and incur a negative cash balance as long as there are
4receivables equal to or greater than the negative balance and
5the amount appropriated in this subsection is not exceeded at
6the close of the fiscal year.
72. The Iowa law enforcement academy may select at least
8five automobiles of the department of public safety, division
9of state patrol, prior to turning over the automobiles to
10the department of administrative services to be disposed
11of by public auction, and the Iowa law enforcement academy
12may exchange any automobile owned by the academy for each
13automobile selected if the selected automobile is used in
14training law enforcement officers at the academy. However, any
15automobile exchanged by the academy shall be substituted for
16the selected vehicle of the department of public safety and
17sold by public auction with the receipts being deposited in the
18depreciation fund maintained pursuant to section 8A.365 to the
19credit of the department of public safety, division of state
20patrol.
213. The Iowa law enforcement academy shall provide training
22for domestic abuse and human trafficking-related issues
23throughout the state. The training shall be offered at no
24cost to the attendees and the training shall not replace any
25existing domestic abuse or human trafficking training offered
26by the academy.
27 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
28the general fund of the state to the office of the state public
29defender of the department of inspections and appeals for the
30fiscal year beginning July 1, 2021, and ending June 30, 2022,
31the following amounts, or so much thereof as is necessary, to
32be used for the purposes designated:
331. For salaries, support, maintenance, and miscellaneous
34purposes, and for not more than the following full-time
35equivalent positions:
-12-.................................................. $129,483,120
............................................... FTEs2233.00
32. For payments on behalf of eligible adults and juveniles
4from the indigent defense fund, in accordance with section
5815.11:
.................................................. $640,960,374
7 Sec. 12. BOARD OF PAROLE. There is appropriated from the
8general fund of the state to the board of parole for the fiscal
9year beginning July 1, 2021, and ending June 30, 2022, the
10following amount, or so much thereof as is necessary, to be
11used for the purposes designated:
12For salaries, support, maintenance, and miscellaneous
13purposes, and for not more than the following full-time
14equivalent positions:
.................................................. $151,285,739
............................................... FTEs1610.53
17 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
181. There is appropriated from the general fund of the
19state to the department of public defense, for the fiscal year
20beginning July 1, 2021, and ending June 30, 2022, the following
21amounts, or so much thereof as is necessary, to be used for the
22purposes designated:
23For salaries, support, maintenance, and miscellaneous
24purposes, and for not more than the following full-time
25equivalent positions:
.................................................. $266,916,601
............................................... FTEs27254.00
282. The department of public defense may temporarily exceed
29and draw more than the amount appropriated in this section and
30incur a negative cash balance as long as there are receivables
31of federal funds equal to or greater than the negative balance
32and the amount appropriated in this section is not exceeded at
33the close of the fiscal year.
34 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
35MANAGEMENT.
-13- 11. There is appropriated from the general fund of the state
2to the department of homeland security and emergency management
3for the fiscal year beginning July 1, 2021, and ending June
430, 2022, the following amounts, or so much thereof as is
5necessary, to be used for the purposes designated:
6For salaries, support, maintenance, and miscellaneous
7purposes, and for not more than the following full-time
8equivalent positions:
.................................................. $92,287,756
............................................... FTEs1030.00
112. The department of homeland security and emergency
12management may temporarily exceed and draw more than the amount
13appropriated in this section and incur a negative cash balance
14as long as there are receivables of federal funds equal to or
15greater than the negative balance and the amount appropriated
16in this section is not exceeded at the close of the fiscal
17year.
18 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
19from the general fund of the state to the department of public
20safety for the fiscal year beginning July 1, 2021, and ending
21June 30, 2022, the following amounts, or so much thereof as is
22necessary, to be used for the purposes designated:
231. For administrative functions, including salaries and the
24adjustment of salaries throughout the department, the criminal
25justice information system, and for not more than the following
26full-time equivalent positions:
.................................................. $275,833,065
............................................... FTEs2843.00
292. For the division of criminal investigation, including
30the state’s contribution to the peace officers’ retirement,
31accident, and disability system provided in chapter 97A in the
32amount of the state’s normal contribution rate, as defined in
33section 97A.8, multiplied by the salaries for which the moneys
34are appropriated, to meet federal fund matching requirements,
35and for not more than the following full-time equivalent
-14-1positions:
.................................................. $219,316,868
............................................... FTEs3180.00
43. For the criminalistics laboratory fund created in
5section 691.9:
.................................................. $6650,000
7Notwithstanding section 8.33, moneys appropriated in this
8subsection that remain unencumbered or unobligated at the close
9of the fiscal year shall not revert but shall remain available
10for expenditure for the purposes designated until the close of
11the succeeding fiscal year.
124. a. For the division of narcotics enforcement, including
13the state’s contribution to the peace officers’ retirement,
14accident, and disability system provided in chapter 97A in the
15amount of the state’s normal contribution rate, as defined in
16section 97A.8, multiplied by the salaries for which the moneys
17are appropriated, to meet federal fund matching requirements,
18and for not more than the following full-time equivalent
19positions:
.................................................. $208,428,156
............................................... FTEs2167.00
22The division of narcotics enforcement is authorized an
23additional 1.00 full-time equivalent position pursuant to
24this lettered paragraph that is in excess of the number of
25full-time equivalent positions authorized for the previous
26fiscal year only if the division of narcotics enforcement
27receives sufficient federal moneys to maintain employment
28for the additional full-time equivalent position during the
29current fiscal year. The division of narcotics enforcement
30shall only employ the additional full-time equivalent position
31in succeeding fiscal years if sufficient federal moneys are
32received during each of those succeeding fiscal years.
33b. For the division of narcotics enforcement for undercover
34purchases:
.................................................. $35209,042
-15- 15. For the division of state fire marshal, for fire
2protection services as provided through the state fire service
3and emergency response council as created in the department,
4and for the state’s contribution to the peace officers’
5retirement, accident, and disability system provided in chapter
697A in the amount of the state’s normal contribution rate,
7as defined in section 97A.8, multiplied by the salaries for
8which the moneys are appropriated, and for not more than the
9following full-time equivalent positions:
.................................................. $105,460,291
............................................... FTEs1149.00
126. For the division of state patrol, for salaries, support,
13maintenance, workers’ compensation costs, and miscellaneous
14purposes, including the state’s contribution to the peace
15officers’ retirement, accident, and disability system provided
16in chapter 97A in the amount of the state’s normal contribution
17rate, as defined in section 97A.8, multiplied by the salaries
18for which the moneys are appropriated, and for not more than
19the following full-time equivalent positions:
.................................................. $2069,432,433
............................................... FTEs21506.00
22It is the intent of the general assembly that members of the
23state patrol be assigned to patrol the highways and roads in
24lieu of assignments for inspecting school buses for the school
25districts.
267. For deposit in the sick leave benefits fund established
27in section 80.42 for all departmental employees eligible to
28receive benefits for accrued sick leave under the collective
29bargaining agreement:
.................................................. $30279,517
318. For costs associated with the training and equipment
32needs of volunteer fire fighters:
.................................................. $33825,520
34Notwithstanding section 8.33, moneys appropriated in this
35subsection that remain unencumbered or unobligated at the
-16-1close of the fiscal year shall not revert but shall remain
2available for expenditure only for the purpose designated in
3this subsection until the close of the succeeding fiscal year.
49. For the public safety interoperable and broadband
5communications fund established in section 80.44:
.................................................. $6115,661
710. For the office to combat human trafficking established
8pursuant to section 80.45, including salaries, support,
9maintenance, miscellaneous purposes, and for not more than the
10following full-time equivalent positions:
.................................................. $11197,325
............................................... FTEs122.00
1311. For costs associated with the training and equipment
14needs of volunteer fire fighters:
.................................................. $1550,000
1612. For deposit in the public safety equipment fund
17established in section 80.48 for the purchase, maintenance, and
18replacement of equipment used by the department:
.................................................. $192,500,000
20Notwithstanding section 8.39, the department of public
21safety may reallocate moneys appropriated in this section
22as necessary to best fulfill the needs provided for in the
23appropriation. However, the department shall not reallocate
24moneys appropriated to the department in this section unless
25notice of the reallocation is given to the legislative services
26agency and the department of management prior to the effective
27date of the reallocation. The notice shall include information
28regarding the rationale for reallocating the moneys. The
29department shall not reallocate moneys appropriated in this
30section for the purpose of eliminating any program.
31 Sec. 16. GAMING ENFORCEMENT.
321. There is appropriated from the gaming enforcement
33revolving fund created in section 80.43 to the department of
34public safety for the fiscal year beginning July 1, 2021, and
35ending June 30, 2022, the following amount, or so much thereof
-17-1as is necessary, to be used for the purposes designated:
2For any direct support costs for agents and officers of
3the division of criminal investigation’s excursion gambling
4boat, gambling structure, and racetrack enclosure enforcement
5activities, including salaries, support, maintenance, and
6miscellaneous purposes, and for not more than the following
7full-time equivalent positions:
.................................................. $810,211,731
............................................... FTEs973.00
102. For each additional license to conduct gambling games on
11an excursion gambling boat, gambling structure, or racetrack
12enclosure issued during the fiscal year beginning July 1, 2021,
13there is appropriated from the gaming enforcement fund to the
14department of public safety for the fiscal year beginning July
151, 2021, and ending June 30, 2022, an additional amount of
16not more than $300,000 to be used for full-time equivalent
17positions.
183. The department of public safety, with the approval of the
19department of management, may employ no more than three special
20agents for each additional riverboat or gambling structure
21regulated after July 1, 2022, and three special agents for
22each racing facility which becomes operational during the
23fiscal year which begins July 1, 2022. Positions authorized
24in this subsection are in addition to the full-time equivalent
25positions otherwise authorized in this section.
26 Sec. 17. CIVIL RIGHTS COMMISSION.
271. There is appropriated from the general fund of the state
28to the Iowa state civil rights commission for the fiscal year
29beginning July 1, 2021, and ending June 30, 2022, the following
30amount, or so much thereof as is necessary, to be used for the
31purposes designated:
32For salaries, support, maintenance, and miscellaneous
33purposes, and for not more than the following full-time
34equivalent positions:
.................................................. $351,318,718
-18-............................................... FTEs127.00
22. The Iowa state civil rights commission may enter into
3a contract with a nonprofit organization to provide legal
4assistance to resolve civil rights complaints.
5 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
61. There is appropriated from the general fund of the state
7to the criminal and juvenile justice planning division of the
8department of human rights for the fiscal year beginning July
91, 2021, and ending June 30, 2022, the following amount or
10so much thereof as is necessary, to be used for the purposes
11designated:
12a. For salaries, support, maintenance, and miscellaneous
13purposes, and for not more than the following full-time
14equivalent positions:
.................................................. $151,288,368
............................................... FTEs168.82
17b. (1) For a single grant to a program located in a city
18with a higher than average juvenile crime rate as determined
19by the criminal and juvenile justice planning division and
20a population greater than 80,000 as determined by the 2010
21federal decennial census, which may be used for studying,
22planning, programming, and capital, that is committed to
23deterring juvenile delinquency through early intervention in
24the criminal justice system by providing a comprehensive,
25multifaceted delivery of social services and which shall meet
26the guiding principles and standards for assessment centers set
27forth by the national assessment center association:
.................................................. $28140,000
29(2) The program shall use no more than 5 percent of the
30grant for administrative costs.
31(3) A city shall not receive a grant under this paragraph,
32or a similar grant from the state of Iowa, for more than
33two consecutive fiscal years unless no other city meets the
34requirements specified in subparagraph (1).
352. The justice advisory board and the juvenile justice
-19-1advisory council shall coordinate their efforts in carrying out
2their respective duties relative to juvenile justice.
3 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
4MANAGEMENT. There is appropriated from the 911 emergency
5communications fund created in section 34A.7A to the department
6of homeland security and emergency management for the fiscal
7year beginning July 1, 2021, and ending June 30, 2022, the
8following amount, or so much thereof as is necessary, to be
9used for the purposes designated:
10For implementation, support, and maintenance of the
11functions of the administrator and program manager under
12chapter 34A and to employ the auditor of the state to perform
13an annual audit of the 911 emergency communications fund:
.................................................. $14250,000
15 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
16MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
17Notwithstanding section 714.16C, there is appropriated from the
18consumer education and litigation fund to the department of
19justice for the fiscal year beginning July 1, 2021, and ending
20June 30, 2022, the following amounts, or so much thereof as is
21necessary, to be used for the purposes designated:
22a. For farm mediation services as specified in section
2313.13, subsection 2:
.................................................. $24300,000
25b. For salaries, support, maintenance, and miscellaneous
26purposes for criminal prosecutions, criminal appeals, and
27performing duties pursuant to chapter 669:
.................................................. $282,000,000
............................................... FTEs292.00
30DIVISION II
31MISCELLANEOUS APPROPRIATIONS
32 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
33MANAGEMENT — APPROPRIATION. There is appropriated from
34the general fund of the state to the department of homeland
35security and emergency management for the fiscal year beginning
-20-1July 1, 2021, and ending June 30, 2022, the following amount,
2or so much thereof as is necessary, to be used to conduct a
3governance and funding of levee districts study:
.................................................. $4400,000
5DIVISION III
6ATTORNEY GENERAL
7 Sec. 22. Section 85.67, Code 2021, is amended to read as
8follows:
985.67 Administration of fund — special counsel — payment of
10award.
11The attorney general shall appoint a staff member
12to represent the treasurer of state and the fund in all
13proceedings and matters arising under this subchapter. The
14attorney general shall be reimbursed up to two hundred fifteen
15 four hundred fifty thousand dollars annually from the fund
16for services provided related to the fund. The commissioner
17of insurance shall consider the reimbursement to the attorney
18general as an outstanding liability when making a determination
19of funding availability under section 85.65A, subsection
202. In making an award under this subchapter, the workers’
21compensation commissioner shall specifically find the amount
22the injured employee shall be paid weekly, the number of weeks
23of compensation which shall be paid by the employer, the date
24upon which payments out of the fund shall begin, and, if
25possible, the length of time the payments shall continue.
26 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
27amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
28Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
29section 26, is amended to read as follows:
30SEC. 21. CONSUMER EDUCATION AND LITIGATION
31FUND. Notwithstanding section 714.16C, for each fiscal
32year of the period beginning July 1, 2014, and ending June
3330, 2021 2023, the annual appropriations in section 714.16C,
34are increased from $1,125,000 to $1,875,000, and $75,000 to
35$125,000 respectively.
-21-1DIVISION IV
2INDIGENT DEFENSE
3 Sec. 24. Section 815.7, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 5A. For appointments made on or after
6July 1, 2021, the reasonable compensation shall be calculated
7on the basis of seventy-six dollars per hour for class “A”
8felonies, seventy-one dollars per hour for class “B” felonies,
9and sixty-six dollars per hour for all other cases.
10DIVISION V
11GAMBLING — FEES
12 Sec. 25. Section 99D.14, subsection 2, paragraph a,
13subparagraph (1), Code 2021, is amended to read as follows:
14(1) A licensee shall pay a regulatory fee to be charged as
15provided in this section. In determining the regulatory fee
16to be charged as provided under this section, the commission
17shall use the amount appropriated to the commission plus
18the cost of salaries for no more than three special agents
19assigned pursuant to the provisions of section 80.25A, for
20each racetrack that has not been issued a table games license
21under chapter 99F or no more than three special agents
22assigned pursuant to the provisions of section 80.25A, for each
23racetrack that has been issued a table games license under
24chapter 99F, plus any direct and indirect support costs for the
25agents, for the division of criminal investigation’s racetrack
26activities duties pursuant to chapters 99D, 99E, and 99F, and
27section 80.25A, as the basis for determining the amount of
28revenue to be raised from the regulatory fee.
29 Sec. 26. Section 99F.10, subsection 4, paragraph a, Code
302021, is amended to read as follows:
31a. In determining the license fees and state regulatory
32fees to be charged as provided under section 99F.4 and this
33section, the commission shall use as the basis for determining
34the amount of revenue to be raised from the license fees and
35regulatory fees the amount appropriated to the commission plus
-22-1the cost of salaries for no more than three special agents for
2each excursion gambling boat or gambling structure assigned
3pursuant to the provisions of section 80.25A, plus any direct
4and indirect support costs for the agents, for the division of
5criminal investigation’s excursion gambling boat or gambling
6structure activities duties pursuant to chapters 99D, 99E, and
799F, and section 80.25A.
8 Sec. 27. Section 99F.10, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4A. For the fiscal year beginning July
111, 2021, and each fiscal year thereafter, the seven licensees
12with the lowest adjusted gross receipts for the previous fiscal
13year shall pay a reduced regulatory fee. The division of
14criminal investigation shall calculate the regulatory fee to
15be paid by each licensee using a methodology that reduces the
16regulatory fee for the seven licensees with the lowest adjusted
17gross receipts by an amount equivalent to the portion of the
18regulatory fees associated with one special agent.
19 Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION
20— FEES. Notwithstanding section 99F.10, the cost of seven
21special agent full-time equivalent positions assigned pursuant
22to section 80.25A, as determined by the commissioner of public
23safety, shall be credited to the general fund on July 1, 2021.
24DIVISION VI
25DEPARTMENT OF PUBLIC SAFETY — BUREAU of CYBER-CRIME
26 Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. h. When engaged in the investigation of
29crimes and the enforcement of laws relating to cyber-crime.
30 Sec. 30. NEW SECTION. 80.40 Bureau of cyber-crime.
311. The bureau of cyber-crime is established within the
32division of criminal investigation of the department. The
33purpose of the bureau is to investigate crimes with a nexus to
34the internet or computer technology including but not limited
35to crimes involving child exploitation and cyber intrusion.
-23- 12. The bureau of cyber-crime shall have the authority
2to conduct investigations and perform forensic analyses
3of criminal cases involving computer technology and to
4provide assistance to governmental agencies involved in the
5investigation of cyber-crime.
6DIVISION VII
7DEPARTMENT OF CORRECTIONS
8 Sec. 31. Section 99G.39, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 4A. One hundred thousand dollars in
11lottery revenues shall be transferred each fiscal year to the
12department of corrections survivor benefits fund established
13pursuant to section 904.321 prior to deposit of the lottery
14revenues in the general fund pursuant to section 99G.40.
15 Sec. 32. NEW SECTION. 509A.13D Health insurance coverage —
16surviving spouse and children of certain employees of the Iowa
17department of corrections.
181. For the purposes of this section, “eligible employee of
19the Iowa department of corrections” means any of the following:
20a. An employee of the Iowa department of corrections.
21b. An employee of the Iowa department of corrections whose
22death has been determined by the department to be the direct
23and proximate result of a traumatic personal injury incurred in
24the line of duty, and to whom none of the following applies:
25(1) The employee’s death resulted from stress, strain,
26occupational illness, or a chronic, progressive, or congenital
27illness, including but not limited to a disease of the heart,
28lungs, or respiratory system, unless a traumatic personal
29injury was a substantial contributing factor to the employee’s
30death.
31(2) The employee’s death was caused by the employee’s
32intentional misconduct, or by the employee’s intent to cause
33the employee’s own death.
34(3) The employee was voluntarily intoxicated at the time of
35the employee’s death.
-24- 1(4) The employee was performing the employee’s duties in a
2grossly negligent manner at the time of the employee’s death.
32. a. If the governing body of the state has procured
4health insurance coverage for its employees under this chapter,
5the governing body of the state shall permit continuation
6of existing health insurance coverage or reenrollment in
7previously existing coverage for the surviving spouse and each
8surviving child of an eligible employee of the Iowa department
9of corrections.
10b. The governing body of the state shall permit continuation
11of existing health insurance coverage for the surviving spouse
12and each surviving child of an employee of the Iowa department
13of corrections who dies and who is reasonably expected to be
14determined to be an eligible employee of the Iowa department
15of corrections, until such time as the determination of
16eligibility is made.
173. The governing body of the state shall not be required to
18pay for the cost of the health insurance under this section;
19however, the governing body of the state may pay the full cost
20or a portion of the cost of the health insurance. If the full
21cost or a portion of the cost of the coverage is not paid by
22the governing body of the state, the surviving spouse and each
23surviving child who is eligible for health insurance under this
24section may elect to continue coverage by paying that portion
25of the cost of the health insurance not paid by the governing
26body of the state.
274. The governing body of the state shall notify the
28provider of health insurance coverage for state employees of
29the identity of the surviving spouse and each surviving child
30who is to be provided health insurance coverage pursuant to the
31requirements of this section.
325. This section shall not require continuation of health
33insurance coverage if the surviving spouse or a surviving child
34who would otherwise be entitled to continuation of health
35insurance coverage under this section was, through the actions
-25-1of the surviving spouse or the surviving child, a substantial
2contributing factor to the death of the eligible employee of
3the Iowa department of corrections.
4 Sec. 33. NEW SECTION. 904.321 Department of corrections
5survivor benefits fund.
61. A department of corrections survivor benefits fund is
7established in the state treasury under the control of the
8department. The fund shall consist of moneys transferred
9to the fund pursuant to section 99G.39 and any other moneys
10appropriated to or deposited in the fund. Moneys in the fund
11are appropriated to the department for the purposes set forth
12in subsection 2.
132. The department shall distribute the moneys credited to
14the fund in a fiscal year in the form of grants to nonprofit
15organizations that provide resources to assist surviving
16families of eligible employees of the department of corrections
17killed in the line of duty in paying costs associated with
18accident or health care coverage pursuant to section 509A.13D.
193. Notwithstanding section 8.33, moneys in the fund
20that remain unencumbered or unobligated at the close of a
21fiscal year shall not revert but shall remain available for
22expenditure for the purposes designated. Notwithstanding
23section 12C.7, subsection 2, interest or earnings on moneys in
24the fund shall be credited to the fund.
25 Sec. 34. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 35. RETROACTIVE APPLICABILITY. This division of this
28Act applies retroactively to March 1, 2021.
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