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House File 861 - EnrolledAn Actrelating to appropriations to the justice system,
gambling regulatory fees, and creating a bureau of
cyber-crime, establishing a department of corrections
survivor benefits fund, and including effective date and
retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2021-2022
APPROPRIATIONS
Section 1. DEPARTMENT OF JUSTICE.
1. There is appropriated from the general fund of the state
to the department of justice for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
a. For the general office of attorney general for
salaries, support, maintenance, and miscellaneous purposes,
including the prosecuting attorneys training program, matching
funds for federal violence against women grant programs,
victim assistance grants, the office of drug control policy
prosecuting attorney program, and odometer fraud enforcement,
and for not more than the following full-time equivalent
positions:
.................................................. $6,361,238
............................................... FTEs215.00
As a condition of receiving the appropriation provided
in this lettered paragraph, the department of justice shall
maintain a record of the estimated time incurred representing
each agency or department.
The general office of attorney general may temporarily
exceed and draw more than the amount appropriated in this
lettered paragraph and incur a negative cash balance as long
as there are receivables equal to or greater than the negative
balances and the amount appropriated in this lettered paragraph
is not exceeded at the close of the fiscal year.
b. For victim assistance grants:
.................................................. $5,016,708
The moneys appropriated in this lettered paragraph shall be
used to provide grants to care providers providing services to
crime victims of domestic abuse or to crime victims of rape and
sexual assault.
-1- The balance of the victim compensation fund established
in section 915.94 may be used to provide salary and support
of not more than 24.00 full-time equivalent positions and to
provide maintenance for the victim compensation functions
of the department of justice. In addition to the full-time
equivalent positions authorized pursuant to this paragraph,
7.00 full-time equivalent positions are authorized and shall
be used by the department of justice to employ one accountant
and four program planners. The department of justice may
employ the additional 7.00 full-time equivalent positions
authorized pursuant to this paragraph that are in excess of the
number of full-time equivalent positions authorized only if
the department of justice receives sufficient federal moneys
to maintain employment for the additional full-time equivalent
positions during the current fiscal year. The department
of justice shall only employ the additional 7.00 full-time
equivalent positions in succeeding fiscal years if sufficient
federal moneys are received during each of those succeeding
fiscal years.
The department of justice shall transfer at least $150,000
from the victim compensation fund established in section 915.94
to the victim assistance grant program established in section
13.31.
Notwithstanding section 8.33, moneys appropriated in this
lettered paragraph that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
c. For legal services for persons in poverty grants as
provided in section 13.34:
.................................................. $2,634,601
2. a. The department of justice, in submitting budget
estimates for the fiscal year beginning July 1, 2022, pursuant
to section 8.23, shall include a report of funding from sources
other than amounts appropriated directly from the general fund
-2-of the state to the department of justice or to the office of
consumer advocate. These funding sources shall include but
are not limited to reimbursements from other state agencies,
commissions, boards, or similar entities, and reimbursements
from special funds or internal accounts within the department
of justice. The department of justice shall also report actual
reimbursements for the fiscal year beginning July 1, 2020,
and actual and expected reimbursements for the fiscal year
beginning July 1, 2021.
b. The department of justice shall include the report
required under paragraph “a”, as well as information regarding
any revisions occurring as a result of reimbursements actually
received or expected at a later date, in a report to the
general assembly. The department of justice shall submit the
report on or before January 15, 2022.
3. a. The department of justice shall fully reimburse
the costs and necessary related expenses incurred by the Iowa
law enforcement academy to continue to employ one additional
instructor position who shall provide training for human
trafficking-related issues throughout the state.
b. The department of justice shall obtain the moneys
necessary to reimburse the Iowa law enforcement academy to
employ such an instructor from unrestricted moneys from either
the victim compensation fund established in section 915.94, the
human trafficking victim fund established in section 915.95, or
the human trafficking enforcement fund established in 2015 Iowa
Acts, chapter 138, section 141.
Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
from the department of commerce revolving fund created in
section 546.12 to the office of consumer advocate of the
department of justice for the fiscal year beginning July 1,
2021, and ending June 30, 2022, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
-3-purposes, and for not more than the following full-time
equivalent positions:
.................................................. $3,137,588
............................................... FTEs22.00
Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $42,488,273
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $35,868,225
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $63,688,978
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $29,390,947
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $26,680,161
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $10,841,112
g. For the operation of the Clarinda correctional facility,
-4-including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $25,647,227
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $23,979,152
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $30,903,150
j. For reimbursement of counties for temporary confinement
of prisoners, as provided in sections 901.7, 904.908, and
906.17, and for offenders confined pursuant to section 904.513:
.................................................. $1,082,635
k. For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
.................................................. $234,411
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam and a Native American spiritual
leader.
Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
There is appropriated from the general fund of the state to the
department of corrections for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. For general administration, including salaries and the
adjustment of salaries throughout the department, support,
-5-maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $5,558,227
a. It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
b. It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards to
restrict, to the greatest extent feasible, access by inmates
working for the private corporation to personal identifying
information of citizens.
2. For educational programs for inmates at state penal
institutions:
.................................................. $2,608,109
a. To maximize the funding for educational programs,
the department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate’s successful release from the correctional institution.
b. The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
-6- c. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available to be used only for the purposes designated in this
subsection until the close of the succeeding fiscal year.
3. For the development and operation of the Iowa corrections
offender network (ICON) data system:
.................................................. $2,000,000
4. For offender mental health and substance abuse
treatment:
.................................................. $28,065
5. For department-wide duties, including operations, costs,
and miscellaneous purposes:
.................................................. $10,079,991
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
SERVICES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the first judicial district department of
correctional services:
.................................................. $15,553,865
It is the intent of the general assembly that the first
judicial district department of correctional services maintains
the drug courts operated by the district department.
b. For the second judicial district department of
correctional services:
-7-.................................................. $12,015,201
It is the intent of the general assembly that the second
judicial district department of correctional services maintains
two drug courts to be operated by the district department.
c. For the third judicial district department of
correctional services:
.................................................. $7,519,274
d. For the fourth judicial district department of
correctional services:
.................................................. $5,941,717
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $22,514,230
It is the intent of the general assembly that the fifth
judicial district department of correctional services maintains
the drug court operated by the district department.
f. For the sixth judicial district department of
correctional services:
.................................................. $15,431,664
It is the intent of the general assembly that the sixth
judicial district department of correctional services maintains
the drug court operated by the district department.
g. For the seventh judicial district department of
correctional services:
.................................................. $8,213,355
It is the intent of the general assembly that the seventh
judicial district department of correctional services maintains
the drug court operated by the district department.
h. For the eighth judicial district department of
correctional services:
.................................................. $8,761,954
2. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, the following amount,
-8-or so much thereof as is necessary, to be used for the purposes
designated:
For statewide judicial assistance, support, and pilot
projects for judicial district departments of correctional
services:
.................................................. $663,219
3. Each judicial district department of correctional
services, within the moneys available, shall continue programs
and plans established within that district to provide for
intensive supervision, sex offender treatment, diversion of
low-risk offenders to the least restrictive sanction available,
job development, and expanded use of intermediate criminal
sanctions.
4. Each judicial district department of correctional
services shall provide alternatives to prison consistent with
chapter 901B. The alternatives to prison shall ensure public
safety while providing maximum rehabilitation to the offender.
A judicial district department of correctional services may
also establish a day program.
5. The governor’s office of drug control policy shall
consider federal grants made to the department of corrections
for the benefit of each of the eight judicial district
departments of correctional services as local government
grants, as defined pursuant to federal regulations.
6. The department of corrections shall continue to contract
with a judicial district department of correctional services to
provide for the rental of electronic monitoring equipment which
shall be available statewide.
7. The public safety assessment shall not be utilized
in pretrial hearings when determining whether to detain or
release a defendant before trial, and the use of the public
safety assessment pilot program shall be terminated as of the
effective date of this subsection, until such time the use of
the public safety assessment has been specifically authorized
by the general assembly.
-9- Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within
the moneys appropriated in this Act to the department of
corrections, the department may reallocate the moneys
appropriated and allocated as necessary to best fulfill the
needs of the correctional institutions, administration of
the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department of corrections shall not reallocate an
appropriation or allocation for the purpose of eliminating any
program.
Sec. 7. INTENT — REPORTS.
1. The department of corrections, in cooperation with
townships, the Iowa cemetery associations, and other nonprofit
or governmental entities, may use inmate labor during the
fiscal year beginning July 1, 2021, to restore or preserve
rural cemeteries and historical landmarks. The department, in
cooperation with the counties, may also use inmate labor to
clean up roads, major water sources, and other water sources
around the state.
2. On a quarterly basis, the department shall provide
a status report regarding private-sector employment to the
general assembly beginning on July 1, 2021. The report shall
include the number of offenders employed in the private sector,
the combined number of hours worked by the offenders, the
total amount of allowances, and the distribution of allowances
pursuant to section 904.702, including any moneys deposited in
the general fund of the state.
Sec. 8. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring
-10-to the general assembly by January 15, 2022. The report
shall specifically address the number of persons being
electronically monitored and break down the number of persons
being electronically monitored by offense committed. The
report shall also include a comparison of any data from the
prior fiscal year with the current fiscal year.
Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, “state agency” means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are encouraged to purchase products from
Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from
Iowa state industries. State agencies shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2021, exceeding $5,000 or
in accordance with applicable administrative rules related to
purchases for the agency.
Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
1. There is appropriated from the general fund of the
state to the Iowa law enforcement academy for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
a. For salaries, support, maintenance, and miscellaneous
purposes, including jailer training and technical assistance,
and for not more than the following full-time equivalent
positions:
.................................................. $1,220,749
............................................... FTEs30.25
-11- b. The Iowa law enforcement academy may temporarily exceed
and draw more than the amount appropriated in this subsection
and incur a negative cash balance as long as there are
receivables equal to or greater than the negative balance and
the amount appropriated in this subsection is not exceeded at
the close of the fiscal year.
2. The Iowa law enforcement academy may select at least
five automobiles of the department of public safety, division
of state patrol, prior to turning over the automobiles to
the department of administrative services to be disposed
of by public auction, and the Iowa law enforcement academy
may exchange any automobile owned by the academy for each
automobile selected if the selected automobile is used in
training law enforcement officers at the academy. However, any
automobile exchanged by the academy shall be substituted for
the selected vehicle of the department of public safety and
sold by public auction with the receipts being deposited in the
depreciation fund maintained pursuant to section 8A.365 to the
credit of the department of public safety, division of state
patrol.
3. The Iowa law enforcement academy shall provide training
for domestic abuse and human trafficking-related issues
throughout the state. The training shall be offered at no
cost to the attendees and the training shall not replace any
existing domestic abuse or human trafficking training offered
by the academy.
Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
the general fund of the state to the office of the state public
defender of the department of inspections and appeals for the
fiscal year beginning July 1, 2021, and ending June 30, 2022,
the following amounts, or so much thereof as is necessary, to
be used for the purposes designated:
1. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
-12-.................................................. $29,483,120
............................................... FTEs233.00
2. For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
.................................................. $40,960,374
Sec. 12. BOARD OF PAROLE. There is appropriated from the
general fund of the state to the board of parole for the fiscal
year beginning July 1, 2021, and ending June 30, 2022, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,285,739
............................................... FTEs10.53
Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
1. There is appropriated from the general fund of the
state to the department of public defense, for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $6,916,601
............................................... FTEs254.00
2. The department of public defense may temporarily exceed
and draw more than the amount appropriated in this section and
incur a negative cash balance as long as there are receivables
of federal funds equal to or greater than the negative balance
and the amount appropriated in this section is not exceeded at
the close of the fiscal year.
Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
-13- 1. There is appropriated from the general fund of the state
to the department of homeland security and emergency management
for the fiscal year beginning July 1, 2021, and ending June
30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $2,287,756
............................................... FTEs30.00
2. The department of homeland security and emergency
management may temporarily exceed and draw more than the amount
appropriated in this section and incur a negative cash balance
as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this section is not exceeded at the close of the fiscal
year.
Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
from the general fund of the state to the department of public
safety for the fiscal year beginning July 1, 2021, and ending
June 30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For administrative functions, including salaries and the
adjustment of salaries throughout the department, the criminal
justice information system, and for not more than the following
full-time equivalent positions:
.................................................. $5,833,065
............................................... FTEs43.00
2. For the division of criminal investigation, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
-14-positions:
.................................................. $19,316,868
............................................... FTEs180.00
3. For the criminalistics laboratory fund created in
section 691.9:
.................................................. $650,000
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year.
4. a. For the division of narcotics enforcement, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
.................................................. $8,428,156
............................................... FTEs67.00
The division of narcotics enforcement is authorized an
additional 1.00 full-time equivalent position pursuant to
this lettered paragraph that is in excess of the number of
full-time equivalent positions authorized for the previous
fiscal year only if the division of narcotics enforcement
receives sufficient federal moneys to maintain employment
for the additional full-time equivalent position during the
current fiscal year. The division of narcotics enforcement
shall only employ the additional full-time equivalent position
in succeeding fiscal years if sufficient federal moneys are
received during each of those succeeding fiscal years.
b. For the division of narcotics enforcement for undercover
purchases:
.................................................. $209,042
-15- 5. For the division of state fire marshal, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for the state’s contribution to the peace officers’
retirement, accident, and disability system provided in chapter
97A in the amount of the state’s normal contribution rate,
as defined in section 97A.8, multiplied by the salaries for
which the moneys are appropriated, and for not more than the
following full-time equivalent positions:
.................................................. $5,460,291
............................................... FTEs49.00
6. For the division of state patrol, for salaries, support,
maintenance, workers’ compensation costs, and miscellaneous
purposes, including the state’s contribution to the peace
officers’ retirement, accident, and disability system provided
in chapter 97A in the amount of the state’s normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the moneys are appropriated, and for not more than
the following full-time equivalent positions:
.................................................. $69,432,433
............................................... FTEs506.00
It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
in section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $825,520
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the
-16-close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this subsection until the close of the succeeding fiscal year.
9. For the public safety interoperable and broadband
communications fund established in section 80.44:
.................................................. $115,661
10. For the office to combat human trafficking established
pursuant to section 80.45, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
.................................................. $197,325
............................................... FTEs2.00
11. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $50,000
12. For deposit in the public safety equipment fund
established in section 80.48 for the purchase, maintenance, and
replacement of equipment used by the department:
.................................................. $2,500,000
Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
as necessary to best fulfill the needs provided for in the
appropriation. However, the department shall not reallocate
moneys appropriated to the department in this section unless
notice of the reallocation is given to the legislative services
agency and the department of management prior to the effective
date of the reallocation. The notice shall include information
regarding the rationale for reallocating the moneys. The
department shall not reallocate moneys appropriated in this
section for the purpose of eliminating any program.
Sec. 16. GAMING ENFORCEMENT.
1. There is appropriated from the gaming enforcement
revolving fund created in section 80.43 to the department of
public safety for the fiscal year beginning July 1, 2021, and
ending June 30, 2022, the following amount, or so much thereof
-17-as is necessary, to be used for the purposes designated:
For any direct support costs for agents and officers of
the division of criminal investigation’s excursion gambling
boat, gambling structure, and racetrack enclosure enforcement
activities, including salaries, support, maintenance, and
miscellaneous purposes, and for not more than the following
full-time equivalent positions:
.................................................. $10,211,731
............................................... FTEs73.00
2. For each additional license to conduct gambling games on
an excursion gambling boat, gambling structure, or racetrack
enclosure issued during the fiscal year beginning July 1, 2021,
there is appropriated from the gaming enforcement fund to the
department of public safety for the fiscal year beginning July
1, 2021, and ending June 30, 2022, an additional amount of
not more than $300,000 to be used for full-time equivalent
positions.
3. The department of public safety, with the approval of the
department of management, may employ no more than three special
agents for each additional riverboat or gambling structure
regulated after July 1, 2022, and three special agents for
each racing facility which becomes operational during the
fiscal year which begins July 1, 2022. Positions authorized
in this subsection are in addition to the full-time equivalent
positions otherwise authorized in this section.
Sec. 17. CIVIL RIGHTS COMMISSION.
1. There is appropriated from the general fund of the state
to the Iowa state civil rights commission for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,318,718
-18-............................................... FTEs27.00
2. The Iowa state civil rights commission may enter into
a contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
1. There is appropriated from the general fund of the state
to the criminal and juvenile justice planning division of the
department of human rights for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amount or
so much thereof as is necessary, to be used for the purposes
designated:
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,288,368
............................................... FTEs8.82
b. (1) For a single grant to a program located in a city
with a higher than average juvenile crime rate as determined
by the criminal and juvenile justice planning division and
a population greater than 80,000 as determined by the 2010
federal decennial census, which may be used for studying,
planning, programming, and capital, that is committed to
deterring juvenile delinquency through early intervention in
the criminal justice system by providing a comprehensive,
multifaceted delivery of social services and which shall meet
the guiding principles and standards for assessment centers set
forth by the national assessment center association:
.................................................. $140,000
(2) The program shall use no more than 5 percent of the
grant for administrative costs.
(3) A city shall not receive a grant under this paragraph,
or a similar grant from the state of Iowa, for more than
two consecutive fiscal years unless no other city meets the
requirements specified in subparagraph (1).
2. The justice advisory board and the juvenile justice
-19-advisory council shall coordinate their efforts in carrying out
their respective duties relative to juvenile justice.
Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT. There is appropriated from the 911 emergency
communications fund created in section 34A.7A to the department
of homeland security and emergency management for the fiscal
year beginning July 1, 2021, and ending June 30, 2022, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For implementation, support, and maintenance of the
functions of the administrator and program manager under
chapter 34A and to employ the auditor of the state to perform
an annual audit of the 911 emergency communications fund:
.................................................. $250,000
Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
Notwithstanding section 714.16C, there is appropriated from the
consumer education and litigation fund to the department of
justice for the fiscal year beginning July 1, 2021, and ending
June 30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
a. For farm mediation services as specified in section
13.13, subsection 2:
.................................................. $300,000
b. For salaries, support, maintenance, and miscellaneous
purposes for criminal prosecutions, criminal appeals, and
performing duties pursuant to chapter 669:
.................................................. $2,000,000
............................................... FTEs2.00
DIVISION II
MISCELLANEOUS APPROPRIATIONS
Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT — APPROPRIATION. There is appropriated from
the general fund of the state to the department of homeland
security and emergency management for the fiscal year beginning
-20-July 1, 2021, and ending June 30, 2022, the following amount,
or so much thereof as is necessary, to be used to conduct a
governance and funding of levee districts study:
.................................................. $400,000
DIVISION III
ATTORNEY GENERAL
Sec. 22. Section 85.67, Code 2021, is amended to read as
follows:
85.67 Administration of fund — special counsel — payment of
award.
The attorney general shall appoint a staff member
to represent the treasurer of state and the fund in all
proceedings and matters arising under this subchapter. The
attorney general shall be reimbursed up to two hundred fifteen
four hundred fifty thousand dollars annually from the fund
for services provided related to the fund. The commissioner
of insurance shall consider the reimbursement to the attorney
general as an outstanding liability when making a determination
of funding availability under section 85.65A, subsection
2. In making an award under this subchapter, the workers’
compensation commissioner shall specifically find the amount
the injured employee shall be paid weekly, the number of weeks
of compensation which shall be paid by the employer, the date
upon which payments out of the fund shall begin, and, if
possible, the length of time the payments shall continue.
Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
section 26, is amended to read as follows:
SEC. 21. CONSUMER EDUCATION AND LITIGATION
FUND. Notwithstanding section 714.16C, for each fiscal
year of the period beginning July 1, 2014, and ending June
30, 2021 2023, the annual appropriations in section 714.16C,
are increased from $1,125,000 to $1,875,000, and $75,000 to
$125,000 respectively.
-21-DIVISION IV
INDIGENT DEFENSE
Sec. 24. Section 815.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. For appointments made on or after
July 1, 2021, the reasonable compensation shall be calculated
on the basis of seventy-six dollars per hour for class “A”
felonies, seventy-one dollars per hour for class “B” felonies,
and sixty-six dollars per hour for all other cases.
DIVISION V
GAMBLING — FEES
Sec. 25. Section 99D.14, subsection 2, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) A licensee shall pay a regulatory fee to be charged as
provided in this section. In determining the regulatory fee
to be charged as provided under this section, the commission
shall use the amount appropriated to the commission plus
the cost of salaries for no more than three special agents
assigned pursuant to the provisions of section 80.25A, for
each racetrack that has not been issued a table games license
under chapter 99F or no more than three special agents
assigned pursuant to the provisions of section 80.25A, for each
racetrack that has been issued a table games license under
chapter 99F, plus any direct and indirect support costs for the
agents, for the division of criminal investigation’s racetrack
activities duties pursuant to chapters 99D, 99E, and 99F, and
section 80.25A, as the basis for determining the amount of
revenue to be raised from the regulatory fee.
Sec. 26. Section 99F.10, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. In determining the license fees and state regulatory
fees to be charged as provided under section 99F.4 and this
section, the commission shall use as the basis for determining
the amount of revenue to be raised from the license fees and
regulatory fees the amount appropriated to the commission plus
-22-the cost of salaries for no more than three special agents for
each excursion gambling boat or gambling structure assigned
pursuant to the provisions of section 80.25A, plus any direct
and indirect support costs for the agents, for the division of
criminal investigation’s excursion gambling boat or gambling
structure activities duties pursuant to chapters 99D, 99E, and
99F, and section 80.25A.
Sec. 27. Section 99F.10, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. For the fiscal year beginning July
1, 2021, and each fiscal year thereafter, the seven licensees
with the lowest adjusted gross receipts for the previous fiscal
year shall pay a reduced regulatory fee. The division of
criminal investigation shall calculate the regulatory fee to
be paid by each licensee using a methodology that reduces the
regulatory fee for the seven licensees with the lowest adjusted
gross receipts by an amount equivalent to the portion of the
regulatory fees associated with one special agent.
Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION
— FEES. Notwithstanding section 99F.10, the cost of seven
special agent full-time equivalent positions assigned pursuant
to section 80.25A, as determined by the commissioner of public
safety, shall be credited to the general fund on July 1, 2021.
DIVISION VI
DEPARTMENT OF PUBLIC SAFETY — BUREAU of CYBER-CRIME
Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. h. When engaged in the investigation of
crimes and the enforcement of laws relating to cyber-crime.
Sec. 30. NEW SECTION. 80.40 Bureau of cyber-crime.
1. The bureau of cyber-crime is established within the
division of criminal investigation of the department. The
purpose of the bureau is to investigate crimes with a nexus to
the internet or computer technology including but not limited
to crimes involving child exploitation and cyber intrusion.
-23- 2. The bureau of cyber-crime shall have the authority
to conduct investigations and perform forensic analyses
of criminal cases involving computer technology and to
provide assistance to governmental agencies involved in the
investigation of cyber-crime.
DIVISION VII
DEPARTMENT OF CORRECTIONS
Sec. 31. Section 99G.39, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. One hundred thousand dollars in
lottery revenues shall be transferred each fiscal year to the
department of corrections survivor benefits fund established
pursuant to section 904.321 prior to deposit of the lottery
revenues in the general fund pursuant to section 99G.40.
Sec. 32. NEW SECTION. 509A.13D Health insurance coverage —
surviving spouse and children of certain employees of the Iowa
department of corrections.
1. For the purposes of this section, “eligible employee of
the Iowa department of corrections” means any of the following:
a. An employee of the Iowa department of corrections.
b. An employee of the Iowa department of corrections whose
death has been determined by the department to be the direct
and proximate result of a traumatic personal injury incurred in
the line of duty, and to whom none of the following applies:
(1) The employee’s death resulted from stress, strain,
occupational illness, or a chronic, progressive, or congenital
illness, including but not limited to a disease of the heart,
lungs, or respiratory system, unless a traumatic personal
injury was a substantial contributing factor to the employee’s
death.
(2) The employee’s death was caused by the employee’s
intentional misconduct, or by the employee’s intent to cause
the employee’s own death.
(3) The employee was voluntarily intoxicated at the time of
the employee’s death.
-24- (4) The employee was performing the employee’s duties in a
grossly negligent manner at the time of the employee’s death.
2. a. If the governing body of the state has procured
health insurance coverage for its employees under this chapter,
the governing body of the state shall permit continuation
of existing health insurance coverage or reenrollment in
previously existing coverage for the surviving spouse and each
surviving child of an eligible employee of the Iowa department
of corrections.
b. The governing body of the state shall permit continuation
of existing health insurance coverage for the surviving spouse
and each surviving child of an employee of the Iowa department
of corrections who dies and who is reasonably expected to be
determined to be an eligible employee of the Iowa department
of corrections, until such time as the determination of
eligibility is made.
3. The governing body of the state shall not be required to
pay for the cost of the health insurance under this section;
however, the governing body of the state may pay the full cost
or a portion of the cost of the health insurance. If the full
cost or a portion of the cost of the coverage is not paid by
the governing body of the state, the surviving spouse and each
surviving child who is eligible for health insurance under this
section may elect to continue coverage by paying that portion
of the cost of the health insurance not paid by the governing
body of the state.
4. The governing body of the state shall notify the
provider of health insurance coverage for state employees of
the identity of the surviving spouse and each surviving child
who is to be provided health insurance coverage pursuant to the
requirements of this section.
5. This section shall not require continuation of health
insurance coverage if the surviving spouse or a surviving child
who would otherwise be entitled to continuation of health
insurance coverage under this section was, through the actions
-25-of the surviving spouse or the surviving child, a substantial
contributing factor to the death of the eligible employee of
the Iowa department of corrections.
Sec. 33. NEW SECTION. 904.321 Department of corrections
survivor benefits fund.
1. A department of corrections survivor benefits fund is
established in the state treasury under the control of the
department. The fund shall consist of moneys transferred
to the fund pursuant to section 99G.39 and any other moneys
appropriated to or deposited in the fund. Moneys in the fund
are appropriated to the department for the purposes set forth
in subsection 2.
2. The department shall distribute the moneys credited to
the fund in a fiscal year in the form of grants to nonprofit
organizations that provide resources to assist surviving
families of eligible employees of the department of corrections
killed in the line of duty in paying costs associated with
accident or health care coverage pursuant to section 509A.13D.
3. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated. Notwithstanding
section 12C.7, subsection 2, interest or earnings on moneys in
the fund shall be credited to the fund.
Sec. 34. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 35. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to March 1, 2021.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 861, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/tm/md
gambling regulatory fees, and creating a bureau of
cyber-crime, establishing a department of corrections
survivor benefits fund, and including effective date and
retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2021-2022
APPROPRIATIONS
Section 1. DEPARTMENT OF JUSTICE.
1. There is appropriated from the general fund of the state
to the department of justice for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
a. For the general office of attorney general for
salaries, support, maintenance, and miscellaneous purposes,
including the prosecuting attorneys training program, matching
funds for federal violence against women grant programs,
victim assistance grants, the office of drug control policy
prosecuting attorney program, and odometer fraud enforcement,
and for not more than the following full-time equivalent
positions:
.................................................. $6,361,238
............................................... FTEs215.00
As a condition of receiving the appropriation provided
in this lettered paragraph, the department of justice shall
maintain a record of the estimated time incurred representing
each agency or department.
The general office of attorney general may temporarily
exceed and draw more than the amount appropriated in this
lettered paragraph and incur a negative cash balance as long
as there are receivables equal to or greater than the negative
balances and the amount appropriated in this lettered paragraph
is not exceeded at the close of the fiscal year.
b. For victim assistance grants:
.................................................. $5,016,708
The moneys appropriated in this lettered paragraph shall be
used to provide grants to care providers providing services to
crime victims of domestic abuse or to crime victims of rape and
sexual assault.
-1- The balance of the victim compensation fund established
in section 915.94 may be used to provide salary and support
of not more than 24.00 full-time equivalent positions and to
provide maintenance for the victim compensation functions
of the department of justice. In addition to the full-time
equivalent positions authorized pursuant to this paragraph,
7.00 full-time equivalent positions are authorized and shall
be used by the department of justice to employ one accountant
and four program planners. The department of justice may
employ the additional 7.00 full-time equivalent positions
authorized pursuant to this paragraph that are in excess of the
number of full-time equivalent positions authorized only if
the department of justice receives sufficient federal moneys
to maintain employment for the additional full-time equivalent
positions during the current fiscal year. The department
of justice shall only employ the additional 7.00 full-time
equivalent positions in succeeding fiscal years if sufficient
federal moneys are received during each of those succeeding
fiscal years.
The department of justice shall transfer at least $150,000
from the victim compensation fund established in section 915.94
to the victim assistance grant program established in section
13.31.
Notwithstanding section 8.33, moneys appropriated in this
lettered paragraph that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
c. For legal services for persons in poverty grants as
provided in section 13.34:
.................................................. $2,634,601
2. a. The department of justice, in submitting budget
estimates for the fiscal year beginning July 1, 2022, pursuant
to section 8.23, shall include a report of funding from sources
other than amounts appropriated directly from the general fund
-2-of the state to the department of justice or to the office of
consumer advocate. These funding sources shall include but
are not limited to reimbursements from other state agencies,
commissions, boards, or similar entities, and reimbursements
from special funds or internal accounts within the department
of justice. The department of justice shall also report actual
reimbursements for the fiscal year beginning July 1, 2020,
and actual and expected reimbursements for the fiscal year
beginning July 1, 2021.
b. The department of justice shall include the report
required under paragraph “a”, as well as information regarding
any revisions occurring as a result of reimbursements actually
received or expected at a later date, in a report to the
general assembly. The department of justice shall submit the
report on or before January 15, 2022.
3. a. The department of justice shall fully reimburse
the costs and necessary related expenses incurred by the Iowa
law enforcement academy to continue to employ one additional
instructor position who shall provide training for human
trafficking-related issues throughout the state.
b. The department of justice shall obtain the moneys
necessary to reimburse the Iowa law enforcement academy to
employ such an instructor from unrestricted moneys from either
the victim compensation fund established in section 915.94, the
human trafficking victim fund established in section 915.95, or
the human trafficking enforcement fund established in 2015 Iowa
Acts, chapter 138, section 141.
Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
from the department of commerce revolving fund created in
section 546.12 to the office of consumer advocate of the
department of justice for the fiscal year beginning July 1,
2021, and ending June 30, 2022, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
-3-purposes, and for not more than the following full-time
equivalent positions:
.................................................. $3,137,588
............................................... FTEs22.00
Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $42,488,273
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $35,868,225
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $63,688,978
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $29,390,947
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $26,680,161
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $10,841,112
g. For the operation of the Clarinda correctional facility,
-4-including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $25,647,227
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $23,979,152
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $30,903,150
j. For reimbursement of counties for temporary confinement
of prisoners, as provided in sections 901.7, 904.908, and
906.17, and for offenders confined pursuant to section 904.513:
.................................................. $1,082,635
k. For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
.................................................. $234,411
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam and a Native American spiritual
leader.
Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
There is appropriated from the general fund of the state to the
department of corrections for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. For general administration, including salaries and the
adjustment of salaries throughout the department, support,
-5-maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $5,558,227
a. It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
b. It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards to
restrict, to the greatest extent feasible, access by inmates
working for the private corporation to personal identifying
information of citizens.
2. For educational programs for inmates at state penal
institutions:
.................................................. $2,608,109
a. To maximize the funding for educational programs,
the department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate’s successful release from the correctional institution.
b. The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
-6- c. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available to be used only for the purposes designated in this
subsection until the close of the succeeding fiscal year.
3. For the development and operation of the Iowa corrections
offender network (ICON) data system:
.................................................. $2,000,000
4. For offender mental health and substance abuse
treatment:
.................................................. $28,065
5. For department-wide duties, including operations, costs,
and miscellaneous purposes:
.................................................. $10,079,991
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
SERVICES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the first judicial district department of
correctional services:
.................................................. $15,553,865
It is the intent of the general assembly that the first
judicial district department of correctional services maintains
the drug courts operated by the district department.
b. For the second judicial district department of
correctional services:
-7-.................................................. $12,015,201
It is the intent of the general assembly that the second
judicial district department of correctional services maintains
two drug courts to be operated by the district department.
c. For the third judicial district department of
correctional services:
.................................................. $7,519,274
d. For the fourth judicial district department of
correctional services:
.................................................. $5,941,717
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $22,514,230
It is the intent of the general assembly that the fifth
judicial district department of correctional services maintains
the drug court operated by the district department.
f. For the sixth judicial district department of
correctional services:
.................................................. $15,431,664
It is the intent of the general assembly that the sixth
judicial district department of correctional services maintains
the drug court operated by the district department.
g. For the seventh judicial district department of
correctional services:
.................................................. $8,213,355
It is the intent of the general assembly that the seventh
judicial district department of correctional services maintains
the drug court operated by the district department.
h. For the eighth judicial district department of
correctional services:
.................................................. $8,761,954
2. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2021, and ending June 30, 2022, the following amount,
-8-or so much thereof as is necessary, to be used for the purposes
designated:
For statewide judicial assistance, support, and pilot
projects for judicial district departments of correctional
services:
.................................................. $663,219
3. Each judicial district department of correctional
services, within the moneys available, shall continue programs
and plans established within that district to provide for
intensive supervision, sex offender treatment, diversion of
low-risk offenders to the least restrictive sanction available,
job development, and expanded use of intermediate criminal
sanctions.
4. Each judicial district department of correctional
services shall provide alternatives to prison consistent with
chapter 901B. The alternatives to prison shall ensure public
safety while providing maximum rehabilitation to the offender.
A judicial district department of correctional services may
also establish a day program.
5. The governor’s office of drug control policy shall
consider federal grants made to the department of corrections
for the benefit of each of the eight judicial district
departments of correctional services as local government
grants, as defined pursuant to federal regulations.
6. The department of corrections shall continue to contract
with a judicial district department of correctional services to
provide for the rental of electronic monitoring equipment which
shall be available statewide.
7. The public safety assessment shall not be utilized
in pretrial hearings when determining whether to detain or
release a defendant before trial, and the use of the public
safety assessment pilot program shall be terminated as of the
effective date of this subsection, until such time the use of
the public safety assessment has been specifically authorized
by the general assembly.
-9- Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within
the moneys appropriated in this Act to the department of
corrections, the department may reallocate the moneys
appropriated and allocated as necessary to best fulfill the
needs of the correctional institutions, administration of
the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department of corrections shall not reallocate an
appropriation or allocation for the purpose of eliminating any
program.
Sec. 7. INTENT — REPORTS.
1. The department of corrections, in cooperation with
townships, the Iowa cemetery associations, and other nonprofit
or governmental entities, may use inmate labor during the
fiscal year beginning July 1, 2021, to restore or preserve
rural cemeteries and historical landmarks. The department, in
cooperation with the counties, may also use inmate labor to
clean up roads, major water sources, and other water sources
around the state.
2. On a quarterly basis, the department shall provide
a status report regarding private-sector employment to the
general assembly beginning on July 1, 2021. The report shall
include the number of offenders employed in the private sector,
the combined number of hours worked by the offenders, the
total amount of allowances, and the distribution of allowances
pursuant to section 904.702, including any moneys deposited in
the general fund of the state.
Sec. 8. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring
-10-to the general assembly by January 15, 2022. The report
shall specifically address the number of persons being
electronically monitored and break down the number of persons
being electronically monitored by offense committed. The
report shall also include a comparison of any data from the
prior fiscal year with the current fiscal year.
Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, “state agency” means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are encouraged to purchase products from
Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from
Iowa state industries. State agencies shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2021, exceeding $5,000 or
in accordance with applicable administrative rules related to
purchases for the agency.
Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
1. There is appropriated from the general fund of the
state to the Iowa law enforcement academy for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
a. For salaries, support, maintenance, and miscellaneous
purposes, including jailer training and technical assistance,
and for not more than the following full-time equivalent
positions:
.................................................. $1,220,749
............................................... FTEs30.25
-11- b. The Iowa law enforcement academy may temporarily exceed
and draw more than the amount appropriated in this subsection
and incur a negative cash balance as long as there are
receivables equal to or greater than the negative balance and
the amount appropriated in this subsection is not exceeded at
the close of the fiscal year.
2. The Iowa law enforcement academy may select at least
five automobiles of the department of public safety, division
of state patrol, prior to turning over the automobiles to
the department of administrative services to be disposed
of by public auction, and the Iowa law enforcement academy
may exchange any automobile owned by the academy for each
automobile selected if the selected automobile is used in
training law enforcement officers at the academy. However, any
automobile exchanged by the academy shall be substituted for
the selected vehicle of the department of public safety and
sold by public auction with the receipts being deposited in the
depreciation fund maintained pursuant to section 8A.365 to the
credit of the department of public safety, division of state
patrol.
3. The Iowa law enforcement academy shall provide training
for domestic abuse and human trafficking-related issues
throughout the state. The training shall be offered at no
cost to the attendees and the training shall not replace any
existing domestic abuse or human trafficking training offered
by the academy.
Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
the general fund of the state to the office of the state public
defender of the department of inspections and appeals for the
fiscal year beginning July 1, 2021, and ending June 30, 2022,
the following amounts, or so much thereof as is necessary, to
be used for the purposes designated:
1. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
-12-.................................................. $29,483,120
............................................... FTEs233.00
2. For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
.................................................. $40,960,374
Sec. 12. BOARD OF PAROLE. There is appropriated from the
general fund of the state to the board of parole for the fiscal
year beginning July 1, 2021, and ending June 30, 2022, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,285,739
............................................... FTEs10.53
Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
1. There is appropriated from the general fund of the
state to the department of public defense, for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $6,916,601
............................................... FTEs254.00
2. The department of public defense may temporarily exceed
and draw more than the amount appropriated in this section and
incur a negative cash balance as long as there are receivables
of federal funds equal to or greater than the negative balance
and the amount appropriated in this section is not exceeded at
the close of the fiscal year.
Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
-13- 1. There is appropriated from the general fund of the state
to the department of homeland security and emergency management
for the fiscal year beginning July 1, 2021, and ending June
30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $2,287,756
............................................... FTEs30.00
2. The department of homeland security and emergency
management may temporarily exceed and draw more than the amount
appropriated in this section and incur a negative cash balance
as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this section is not exceeded at the close of the fiscal
year.
Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
from the general fund of the state to the department of public
safety for the fiscal year beginning July 1, 2021, and ending
June 30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For administrative functions, including salaries and the
adjustment of salaries throughout the department, the criminal
justice information system, and for not more than the following
full-time equivalent positions:
.................................................. $5,833,065
............................................... FTEs43.00
2. For the division of criminal investigation, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
-14-positions:
.................................................. $19,316,868
............................................... FTEs180.00
3. For the criminalistics laboratory fund created in
section 691.9:
.................................................. $650,000
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year.
4. a. For the division of narcotics enforcement, including
the state’s contribution to the peace officers’ retirement,
accident, and disability system provided in chapter 97A in the
amount of the state’s normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full-time equivalent
positions:
.................................................. $8,428,156
............................................... FTEs67.00
The division of narcotics enforcement is authorized an
additional 1.00 full-time equivalent position pursuant to
this lettered paragraph that is in excess of the number of
full-time equivalent positions authorized for the previous
fiscal year only if the division of narcotics enforcement
receives sufficient federal moneys to maintain employment
for the additional full-time equivalent position during the
current fiscal year. The division of narcotics enforcement
shall only employ the additional full-time equivalent position
in succeeding fiscal years if sufficient federal moneys are
received during each of those succeeding fiscal years.
b. For the division of narcotics enforcement for undercover
purchases:
.................................................. $209,042
-15- 5. For the division of state fire marshal, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for the state’s contribution to the peace officers’
retirement, accident, and disability system provided in chapter
97A in the amount of the state’s normal contribution rate,
as defined in section 97A.8, multiplied by the salaries for
which the moneys are appropriated, and for not more than the
following full-time equivalent positions:
.................................................. $5,460,291
............................................... FTEs49.00
6. For the division of state patrol, for salaries, support,
maintenance, workers’ compensation costs, and miscellaneous
purposes, including the state’s contribution to the peace
officers’ retirement, accident, and disability system provided
in chapter 97A in the amount of the state’s normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the moneys are appropriated, and for not more than
the following full-time equivalent positions:
.................................................. $69,432,433
............................................... FTEs506.00
It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
in section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $825,520
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the
-16-close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this subsection until the close of the succeeding fiscal year.
9. For the public safety interoperable and broadband
communications fund established in section 80.44:
.................................................. $115,661
10. For the office to combat human trafficking established
pursuant to section 80.45, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
.................................................. $197,325
............................................... FTEs2.00
11. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $50,000
12. For deposit in the public safety equipment fund
established in section 80.48 for the purchase, maintenance, and
replacement of equipment used by the department:
.................................................. $2,500,000
Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
as necessary to best fulfill the needs provided for in the
appropriation. However, the department shall not reallocate
moneys appropriated to the department in this section unless
notice of the reallocation is given to the legislative services
agency and the department of management prior to the effective
date of the reallocation. The notice shall include information
regarding the rationale for reallocating the moneys. The
department shall not reallocate moneys appropriated in this
section for the purpose of eliminating any program.
Sec. 16. GAMING ENFORCEMENT.
1. There is appropriated from the gaming enforcement
revolving fund created in section 80.43 to the department of
public safety for the fiscal year beginning July 1, 2021, and
ending June 30, 2022, the following amount, or so much thereof
-17-as is necessary, to be used for the purposes designated:
For any direct support costs for agents and officers of
the division of criminal investigation’s excursion gambling
boat, gambling structure, and racetrack enclosure enforcement
activities, including salaries, support, maintenance, and
miscellaneous purposes, and for not more than the following
full-time equivalent positions:
.................................................. $10,211,731
............................................... FTEs73.00
2. For each additional license to conduct gambling games on
an excursion gambling boat, gambling structure, or racetrack
enclosure issued during the fiscal year beginning July 1, 2021,
there is appropriated from the gaming enforcement fund to the
department of public safety for the fiscal year beginning July
1, 2021, and ending June 30, 2022, an additional amount of
not more than $300,000 to be used for full-time equivalent
positions.
3. The department of public safety, with the approval of the
department of management, may employ no more than three special
agents for each additional riverboat or gambling structure
regulated after July 1, 2022, and three special agents for
each racing facility which becomes operational during the
fiscal year which begins July 1, 2022. Positions authorized
in this subsection are in addition to the full-time equivalent
positions otherwise authorized in this section.
Sec. 17. CIVIL RIGHTS COMMISSION.
1. There is appropriated from the general fund of the state
to the Iowa state civil rights commission for the fiscal year
beginning July 1, 2021, and ending June 30, 2022, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,318,718
-18-............................................... FTEs27.00
2. The Iowa state civil rights commission may enter into
a contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
1. There is appropriated from the general fund of the state
to the criminal and juvenile justice planning division of the
department of human rights for the fiscal year beginning July
1, 2021, and ending June 30, 2022, the following amount or
so much thereof as is necessary, to be used for the purposes
designated:
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
.................................................. $1,288,368
............................................... FTEs8.82
b. (1) For a single grant to a program located in a city
with a higher than average juvenile crime rate as determined
by the criminal and juvenile justice planning division and
a population greater than 80,000 as determined by the 2010
federal decennial census, which may be used for studying,
planning, programming, and capital, that is committed to
deterring juvenile delinquency through early intervention in
the criminal justice system by providing a comprehensive,
multifaceted delivery of social services and which shall meet
the guiding principles and standards for assessment centers set
forth by the national assessment center association:
.................................................. $140,000
(2) The program shall use no more than 5 percent of the
grant for administrative costs.
(3) A city shall not receive a grant under this paragraph,
or a similar grant from the state of Iowa, for more than
two consecutive fiscal years unless no other city meets the
requirements specified in subparagraph (1).
2. The justice advisory board and the juvenile justice
-19-advisory council shall coordinate their efforts in carrying out
their respective duties relative to juvenile justice.
Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT. There is appropriated from the 911 emergency
communications fund created in section 34A.7A to the department
of homeland security and emergency management for the fiscal
year beginning July 1, 2021, and ending June 30, 2022, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For implementation, support, and maintenance of the
functions of the administrator and program manager under
chapter 34A and to employ the auditor of the state to perform
an annual audit of the 911 emergency communications fund:
.................................................. $250,000
Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
Notwithstanding section 714.16C, there is appropriated from the
consumer education and litigation fund to the department of
justice for the fiscal year beginning July 1, 2021, and ending
June 30, 2022, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
a. For farm mediation services as specified in section
13.13, subsection 2:
.................................................. $300,000
b. For salaries, support, maintenance, and miscellaneous
purposes for criminal prosecutions, criminal appeals, and
performing duties pursuant to chapter 669:
.................................................. $2,000,000
............................................... FTEs2.00
DIVISION II
MISCELLANEOUS APPROPRIATIONS
Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT — APPROPRIATION. There is appropriated from
the general fund of the state to the department of homeland
security and emergency management for the fiscal year beginning
-20-July 1, 2021, and ending June 30, 2022, the following amount,
or so much thereof as is necessary, to be used to conduct a
governance and funding of levee districts study:
.................................................. $400,000
DIVISION III
ATTORNEY GENERAL
Sec. 22. Section 85.67, Code 2021, is amended to read as
follows:
85.67 Administration of fund — special counsel — payment of
award.
The attorney general shall appoint a staff member
to represent the treasurer of state and the fund in all
proceedings and matters arising under this subchapter. The
attorney general shall be reimbursed up to two hundred fifteen
four hundred fifty thousand dollars annually from the fund
for services provided related to the fund. The commissioner
of insurance shall consider the reimbursement to the attorney
general as an outstanding liability when making a determination
of funding availability under section 85.65A, subsection
2. In making an award under this subchapter, the workers’
compensation commissioner shall specifically find the amount
the injured employee shall be paid weekly, the number of weeks
of compensation which shall be paid by the employer, the date
upon which payments out of the fund shall begin, and, if
possible, the length of time the payments shall continue.
Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
section 26, is amended to read as follows:
SEC. 21. CONSUMER EDUCATION AND LITIGATION
FUND. Notwithstanding section 714.16C, for each fiscal
year of the period beginning July 1, 2014, and ending June
30, 2021 2023, the annual appropriations in section 714.16C,
are increased from $1,125,000 to $1,875,000, and $75,000 to
$125,000 respectively.
-21-DIVISION IV
INDIGENT DEFENSE
Sec. 24. Section 815.7, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. For appointments made on or after
July 1, 2021, the reasonable compensation shall be calculated
on the basis of seventy-six dollars per hour for class “A”
felonies, seventy-one dollars per hour for class “B” felonies,
and sixty-six dollars per hour for all other cases.
DIVISION V
GAMBLING — FEES
Sec. 25. Section 99D.14, subsection 2, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) A licensee shall pay a regulatory fee to be charged as
provided in this section. In determining the regulatory fee
to be charged as provided under this section, the commission
shall use the amount appropriated to the commission plus
the cost of salaries for no more than three special agents
assigned pursuant to the provisions of section 80.25A, for
each racetrack that has not been issued a table games license
under chapter 99F or no more than three special agents
assigned pursuant to the provisions of section 80.25A, for each
racetrack that has been issued a table games license under
chapter 99F, plus any direct and indirect support costs for the
agents, for the division of criminal investigation’s racetrack
activities duties pursuant to chapters 99D, 99E, and 99F, and
section 80.25A, as the basis for determining the amount of
revenue to be raised from the regulatory fee.
Sec. 26. Section 99F.10, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. In determining the license fees and state regulatory
fees to be charged as provided under section 99F.4 and this
section, the commission shall use as the basis for determining
the amount of revenue to be raised from the license fees and
regulatory fees the amount appropriated to the commission plus
-22-the cost of salaries for no more than three special agents for
each excursion gambling boat or gambling structure assigned
pursuant to the provisions of section 80.25A, plus any direct
and indirect support costs for the agents, for the division of
criminal investigation’s excursion gambling boat or gambling
structure activities duties pursuant to chapters 99D, 99E, and
99F, and section 80.25A.
Sec. 27. Section 99F.10, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. For the fiscal year beginning July
1, 2021, and each fiscal year thereafter, the seven licensees
with the lowest adjusted gross receipts for the previous fiscal
year shall pay a reduced regulatory fee. The division of
criminal investigation shall calculate the regulatory fee to
be paid by each licensee using a methodology that reduces the
regulatory fee for the seven licensees with the lowest adjusted
gross receipts by an amount equivalent to the portion of the
regulatory fees associated with one special agent.
Sec. 28. GAMBLING GAMES AND SPORTS WAGERING REGULATION
— FEES. Notwithstanding section 99F.10, the cost of seven
special agent full-time equivalent positions assigned pursuant
to section 80.25A, as determined by the commissioner of public
safety, shall be credited to the general fund on July 1, 2021.
DIVISION VI
DEPARTMENT OF PUBLIC SAFETY — BUREAU of CYBER-CRIME
Sec. 29. Section 80.9A, subsection 6, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH. h. When engaged in the investigation of
crimes and the enforcement of laws relating to cyber-crime.
Sec. 30. NEW SECTION. 80.40 Bureau of cyber-crime.
1. The bureau of cyber-crime is established within the
division of criminal investigation of the department. The
purpose of the bureau is to investigate crimes with a nexus to
the internet or computer technology including but not limited
to crimes involving child exploitation and cyber intrusion.
-23- 2. The bureau of cyber-crime shall have the authority
to conduct investigations and perform forensic analyses
of criminal cases involving computer technology and to
provide assistance to governmental agencies involved in the
investigation of cyber-crime.
DIVISION VII
DEPARTMENT OF CORRECTIONS
Sec. 31. Section 99G.39, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. One hundred thousand dollars in
lottery revenues shall be transferred each fiscal year to the
department of corrections survivor benefits fund established
pursuant to section 904.321 prior to deposit of the lottery
revenues in the general fund pursuant to section 99G.40.
Sec. 32. NEW SECTION. 509A.13D Health insurance coverage —
surviving spouse and children of certain employees of the Iowa
department of corrections.
1. For the purposes of this section, “eligible employee of
the Iowa department of corrections” means any of the following:
a. An employee of the Iowa department of corrections.
b. An employee of the Iowa department of corrections whose
death has been determined by the department to be the direct
and proximate result of a traumatic personal injury incurred in
the line of duty, and to whom none of the following applies:
(1) The employee’s death resulted from stress, strain,
occupational illness, or a chronic, progressive, or congenital
illness, including but not limited to a disease of the heart,
lungs, or respiratory system, unless a traumatic personal
injury was a substantial contributing factor to the employee’s
death.
(2) The employee’s death was caused by the employee’s
intentional misconduct, or by the employee’s intent to cause
the employee’s own death.
(3) The employee was voluntarily intoxicated at the time of
the employee’s death.
-24- (4) The employee was performing the employee’s duties in a
grossly negligent manner at the time of the employee’s death.
2. a. If the governing body of the state has procured
health insurance coverage for its employees under this chapter,
the governing body of the state shall permit continuation
of existing health insurance coverage or reenrollment in
previously existing coverage for the surviving spouse and each
surviving child of an eligible employee of the Iowa department
of corrections.
b. The governing body of the state shall permit continuation
of existing health insurance coverage for the surviving spouse
and each surviving child of an employee of the Iowa department
of corrections who dies and who is reasonably expected to be
determined to be an eligible employee of the Iowa department
of corrections, until such time as the determination of
eligibility is made.
3. The governing body of the state shall not be required to
pay for the cost of the health insurance under this section;
however, the governing body of the state may pay the full cost
or a portion of the cost of the health insurance. If the full
cost or a portion of the cost of the coverage is not paid by
the governing body of the state, the surviving spouse and each
surviving child who is eligible for health insurance under this
section may elect to continue coverage by paying that portion
of the cost of the health insurance not paid by the governing
body of the state.
4. The governing body of the state shall notify the
provider of health insurance coverage for state employees of
the identity of the surviving spouse and each surviving child
who is to be provided health insurance coverage pursuant to the
requirements of this section.
5. This section shall not require continuation of health
insurance coverage if the surviving spouse or a surviving child
who would otherwise be entitled to continuation of health
insurance coverage under this section was, through the actions
-25-of the surviving spouse or the surviving child, a substantial
contributing factor to the death of the eligible employee of
the Iowa department of corrections.
Sec. 33. NEW SECTION. 904.321 Department of corrections
survivor benefits fund.
1. A department of corrections survivor benefits fund is
established in the state treasury under the control of the
department. The fund shall consist of moneys transferred
to the fund pursuant to section 99G.39 and any other moneys
appropriated to or deposited in the fund. Moneys in the fund
are appropriated to the department for the purposes set forth
in subsection 2.
2. The department shall distribute the moneys credited to
the fund in a fiscal year in the form of grants to nonprofit
organizations that provide resources to assist surviving
families of eligible employees of the department of corrections
killed in the line of duty in paying costs associated with
accident or health care coverage pursuant to section 509A.13D.
3. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated. Notwithstanding
section 12C.7, subsection 2, interest or earnings on moneys in
the fund shall be credited to the fund.
Sec. 34. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 35. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to March 1, 2021.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
JAKE CHAPMANPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 861, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2021______________________________
KIM REYNOLDSGovernoras/tm/md