(1138) APPROPRIATIONS — JUSTICE SYSTEM (HF2450) Draft relating to appropriations to the justice system and including effective date provisions.Be It Enacted by the General Assembly of the State of Iowa: (I) FY 2013-2014 APPROPRIATIONS (1)2013 Iowa Acts, chapter 139, section 3, subsection 1, paragraph a, is amended to read as follows:a.For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:43,107,133Of the amount appropriated in this paragraph, the department may use up to $500,000 for the remodel of the relocated John Bennett facility and the demolition of the existing farm bunkhouse adjacent to the newly constructed Fort Madison correctional facility. Notwithstanding section 8.33, moneys allocated in this unnumbered paragraph designated for the remodel and demolition that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year. (2)EFFECTIVE UPON ENACTMENT.This division of this Act, being deemed of immediate importance, takes effect upon enactment. (II) fy 2014-2015 APPROPRIATIONS (3)2013 Iowa Acts, chapter 139, section 19, is amended to read as follows:SEC. 19.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, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:a.For the general office of attorney general for salaries, support, maintenance, and miscellaneous purposes, including the prosecuting attorneys training program, matching funds for federal violence against women grant programs, victim assistance grants, office of drug control policy prosecuting attorney program, and odometer fraud enforcement, and for not more than the following full-time equivalent positions:3,983,9657,989,905214.00It is the intent of the general assembly that 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.b.For victim assistance grants:3,367,2006,734,400The funds appropriated in this lettered paragraph shall be used to provide grants to care providers providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault.The balance of the victim compensation fund established in section 915.94 may be used to provide salary and support of not more than 24 FTEs and to provide maintenance for the victim compensation functions of the department of justice.The department of justice shall transfer at least $150,000 from the victim compensation fund established in section 915.94 to the victim assistance grant program.Notwithstanding section 8.33, moneys appropriated in this paragraph “b” that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.c.For legal services for persons in poverty grants as provided in section 13.34:1,090,2812,400,0002.a.The department of justice, in submitting budget estimates for the fiscal year commencing July 1, 2015, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of justice or to the office of consumer advocate. These funding sources shall include but are not limited to reimbursements from other state agencies, commissions, boards, or similar entities, and reimbursements from special funds or internal accounts within the department of justice. The department of justice shall also report actual reimbursements for the fiscal year commencing July 1, 2013, and actual and expected reimbursements for the fiscal year commencing July 1, 2014.b.The department of justice shall include the report required under paragraph “a”, as well as information regarding any revisions occurring as a result of reimbursements actually received or expected at a later date, in a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2015. (4)2013 Iowa Acts, chapter 139, section 20, is amended to read as follows:SEC. 20.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, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:1,568,0823,137,58822.00 (5)2013 Iowa Acts, chapter 139, section 21, is amended to read as follows:SEC. 21.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, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the operation of adult correctional institutions, reimbursement of counties for certain confinement costs, and federal prison reimbursement, to be allocated as follows:a.For the operation of the Fort Madison correctional facility, including salaries, support, maintenance, and miscellaneous purposes:21,553,56743,021,602b.For the operation of the Anamosa correctional facility, including salaries, support, maintenance, and miscellaneous purposes:16,460,26133,668,253It is the intent of the general assembly that the department of corrections maintain and operate the Luster Heights prison camp.c.For the operation of the Oakdale correctional facility, including salaries, support, maintenance, and miscellaneous purposes:29,275,06259,408,092d.For the operation of the Newton correctional facility, including salaries, support, maintenance, and miscellaneous purposes:13,563,64527,572,108e.For the operation of the Mt.Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:12,405,71425,360,135f.For the operation of the Rockwell City correctional facility, including salaries, support, maintenance, and miscellaneous purposes:4,835,5749,836,353g.For the operation of the Clarinda correctional facility, including salaries, support, maintenance, and miscellaneous purposes:12,620,80825,933,430Moneys 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:10,802,01822,045,970i.For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:14,932,61630,097,648j.For reimbursement of counties for temporary confinement of work release and parole violators, as provided in sections 901.7, 904.908, and 906.17, and for offenders confined pursuant to section 904.513:537,5461,075,092k.For federal prison reimbursement, reimbursements for out-of-state placements, and miscellaneous contracts:242,206484,4112.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. (6)2013 Iowa Acts, chapter 139, section 22, is amended to read as follows:SEC. 22.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, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:1.For general administration, including salaries, support, maintenance, employment of an education director to administer a centralized education program for the correctional system, and miscellaneous purposes:2,540,7915,270,010a.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.c.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, except as otherwise provided in paragraph “b”, enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2014, for the privatization of services performed by the department using state employees as of July 1, 2014, or for the privatization of new services by the department without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system.d.It is the intent of the general assembly that the department of corrections add additional correctional officer positions to the current number of correctional officer positions as of July 1, 2014.2.For educational programs for inmates at state penal institutions:1,304,0552,608,109a.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.c.Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobligated or unexpended at the close of the fiscal year shall not revert but shall remain available to be used only for the purposes designated in this subsection until the close of the succeeding fiscal year.3.For the development of the Iowa corrections offender network (ICON) data system:1,000,0002,000,0004.For offender mental health and substance abuse treatment:11,16022,3195.For viral hepatitis prevention and treatment:83,9416.For operations costs and miscellaneous purposes:1,285,6557.It is the intent of the general assembly that for the fiscal year addressed by this section the department of corrections shall continue to operate the correctional farms under the control of the department at the same or greater level of participation and involvement as existed as of January 1, 2011; shall not enter into any rental agreement or contract concerning any farmland under the control of the department that is not subject to a rental agreement or contract as of January 1, 2011, without prior legislative approval; and shall further attempt to provide job opportunities at the farms for inmates. The department shall attempt to provide job opportunities at the farms for inmates by encouraging labor-intensive farming or gardening where appropriate; using inmates to grow produce and meat for institutional consumption; researching the possibility of instituting food canning and cook-and-chill operations; and exploring opportunities for organic farming and gardening, livestock ventures, horticulture, and specialized crops. (7)2013 Iowa Acts, chapter 139, section 23, is amended to read as follows:SEC. 23.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, 2014, and ending June 30, 2015, for salaries, support, maintenance, and miscellaneous purposes, the following amounts, or so much thereof as is necessary, to be allocated as follows:a.For the first judicial district department of correctional services:7,049,54314,753,977It is the intent of the general assembly that the first judicial district department of correctional services maintain the drug courts operated by the district department.b.For the second judicial district department of correctional services:5,435,21311,500,661It is the intent of the general assembly that the second judicial district department of correctional services establish and maintain two drug courts to be operated by the district department.c.For the third judicial district department of correctional services:3,552,9337,241,257d.For the fourth judicial district department of correctional services:2,747,6555,608,005e.For the fifth judicial district department of correctional services, including funding for electronic monitoring devices for use on a statewide basis:9,687,71420,304,616It is the intent of the general assembly that the fifth judicial district department of correctional services maintain the drug court operated by the district department.f.For the sixth judicial district department of correctional services:7,319,26914,833,623It is the intent of the general assembly that the sixth judicial district department of correctional services maintain the drug court operated by the district department.g.For the seventh judicial district department of correctional services:3,804,8917,856,873It is the intent of the general assembly that the seventh judicial district department of correctional services maintain the drug court operated by the district department.h.For the eighth judicial district department of correctional services:4,103,3078,133,1942.Each judicial district department of correctional services, within the funding available, shall continue programs and plans established within that district to provide for intensive supervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanction available, job development, and expanded use of intermediate criminal sanctions.3.Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department of correctional services may also establish a day program.4.The governor’s office of drug control policy shall consider federal grants made to the department of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations.5.The department of corrections shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide. (8)2013 Iowa Acts, chapter 139, section 28, is amended to read as follows:SEC. 28.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, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:For salaries, support, maintenance, miscellaneous purposes, including jailer training and technical assistance, and for not more than the following full-time equivalent positions:500,8491,003,21423.8823.00It is the intent of the general assembly that the Iowa law enforcement academy may provide training of state and local law enforcement personnel concerning the recognition of and response to persons with Alzheimer’s disease.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 to the credit of the department of public safety, division of state patrol. (9)2013 Iowa Acts, chapter 139, section 29, is amended to read as follows:SEC. 29.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, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:1.For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:12,931,09125,882,243219.00221.002.For payments on behalf of eligible adults and juveniles from the indigent defense fund, in accordance with section 815.11:14,950,96529,901,929 (10)2013 Iowa Acts, chapter 139, section 30, is amended to read as follows:SEC. 30.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, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:601,9181,204,58311.00 (11)2013 Iowa Acts, chapter 139, section 31, is amended to read as follows:SEC. 31.DEPARTMENT OF PUBLIC DEFENSE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.There is appropriated from the general fund of the state to the department of public defenseor the department of homeland security and emergency management, as applicable, for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:1.MILITARY DIVISIONFor salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:3,263,5216,554,478293.61283.50The military division 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 of federal funds 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 DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OR SUCCESSOR AGENCYFor salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:1,087,1392,229,62337.4036.13a.Thedepartment of homeland security and emergency management division or successor agency 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 of federal funds 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.b.It is the intent of the general assembly that thedepartment of homeland security and emergency management division or successor agency work in conjunction with the department of public safety, to the extent possible, when gathering and analyzing information related to potential domestic or foreign security threats, and when monitoring such threats. (12)2013 Iowa Acts, chapter 139, section 32, is amended to read as follows:SEC. 32.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, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:1.For the department’s administrative functions, including the criminal justice information system, and for not more than the following full-time equivalent positions:2,033,5274,183,34939.002.For the division of criminal investigation, including the state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of the state’s normal contribution rate, as defined in section 97A.8, multiplied by the salaries for which the moneys are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:6,466,70713,625,414149.60150.603.For the criminalistics laboratory fund created in section 691.9:151,173302,3454.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:3,377,9286,919,85566.0065.50b.For the division of narcotics enforcement for undercover purchases:54,521109,0425.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:2,235,2784,590,55653.006.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:27,768,10460,920,291494.47527.00It is the intent of the general assembly that the department of public safety add additional members to the state patrol to the current number of members of the state patrol as of July 1, 2014. It is the intent of the general assembly that the division of state patrol implement the endangered persons advisory alert system.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 operations costs, and miscellaneous purposes:850,0008.For deposit in the sick leave benefits fund established under section 80.42 for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:139,759279,5179.For costs associated with the training and equipment needs of volunteer fire fighters:362,760825,520a.Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the succeeding fiscal year.b.Notwithstanding section 8.39, the department of public safety may reallocate moneys appropriated in this section as necessary to best fulfill the needs provided for in the appropriation. However, the department shall not reallocate moneys appropriated to the department in this section unless notice of the reallocation is given to the legislative services agency and the department of management prior to the effective date of the reallocation. The notice shall include information regarding the rationale for reallocating the moneys. The department shall not reallocate moneys appropriated in this section for the purpose of eliminating any program.10.For the public safety interoperable and broadband communications fund established in section 80.44:154,661 (13)2013 Iowa Acts, chapter 139, section 33, is amended to read as follows:SEC. 33.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, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:For any direct support costs for agents and officers of the division of criminal investigation’s excursion gambling boat, gambling structure, and racetrack enclosure enforcement activities, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:5,449,00410,898,008115.00109.002.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, 2014, there is appropriated from the gaming enforcement fund to the department of public safety for the fiscal year beginning July 1, 2014, and ending June 30, 2015, an additional amount of not more than $300,000 to be used for not more than 3.00 additional 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, 2014, and three special agents for each racing facility which becomes operational during the fiscal year which begins July 1, 2014. Positions authorized in this subsection are in addition to the full-time equivalent positions otherwise authorized in this section. (14)2013 Iowa Acts, chapter 139, section 34, is amended to read as follows:SEC. 34.CIVIL RIGHTS COMMISSION.There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:648,5351,169,54028.00The Iowa state civil rights commission may enter into a contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints. (15)2013 Iowa Acts, chapter 139, section 35, is amended to read as follows:SEC. 35.CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.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, 2013, and ending June 30, 2014, 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:630,0531,260,10510.8110.38The criminal and juvenile justice planning advisory council and the juvenile justice advisory council shall coordinate their efforts in carrying out their respective duties relative to juvenile justice. (16)2013 Iowa Acts, chapter 139, section 36, is amended to read as follows:SEC. 36.DEPARTMENT OFHOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION.There is appropriated from the wireless E911 emergency communications fund created in section 34A.7A to thedepartment of homeland security and emergency management division or successor agency for the fiscal year beginning July 1, 2014, and ending June 30, 2015, an amount not exceeding $250,000 to be used 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 wireless E911 emergency communications fund. (III) MISCELLANEOUS PROVISIONS (17)Section 13.2, subsection 1, Code 2014, is amended by adding the following new paragraph:NEW PARAGRAPHo.Submit a report by January 15 of each year to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, to the executive council, and to the legislative services agency detailing the amount of annual money receipts generated by each settlement or judgment in excess of two hundred fifty thousand dollars collected pursuant to legal proceedings under chapters 455B, 553, and 714. The report shall include the name of the civil or criminal case involved, the court of jurisdiction, the settlement amount including the state’s share of the settlement, the name of the fund in which the receipts were deposited, and the planned use of the moneys. (18)NEW SECTION13.32Victim assistance grant programs annual report.1.a.The department of justice shall compile an annual report relating to the victim assistance grant programs administered under section 13.31, subsections 1, 3, 4, and 6, which shall include all of the following:(1)A mission statement and table of organization of the department of justice relating to the victim assistance grant programs, a program summary and statistics, including but not limited to sources and uses of funds and the numbers of victims served.(2)An itemization of out-of-state travel expenses incurred by an employee of the department of justice and an itemization of such travel paid to a contractor.(3)An itemization of overtime paid to an employee of the department or a contractor.(4)An itemization of any bonuses paid to an employee of the department or a contractor.(5)A summary of expenditures reimbursed through the programs including but not limited to compensation paid to nonprofit organizations for travel and training expenses, utilities, payroll, benefits, equipment repairs and maintenance, rent, communications, advertising, supplies, insurance, and other direct expenses.b.The report shall be provided to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, the governor, and the legislative services agency by January 15, 2015, and each January 15 thereafter.2.The department of justice shall adopt rules to administer claims for victim assistance grants described in subsection 1. The rules shall standardize the claim forms for contractors including designating a place on the form for an itemization of services provided, mileage incurred, and expenses incurred. The rules shall further specify that the department of justice shall process the claims through the grants enterprise management office. (19)Section 80B.5, Code 2014, is amended to read as follows:80B.5Administration director deputy director.1.The administration of this chapter shall be vested in the office of the governor. AExcept for the directorand deputy director of the academy and such, the staff as may be necessary for it to function shall be employed pursuant to the Iowa merit system.2.The director of the academy shall be appointed by the governor, subject to confirmation by the senate, to serve at the pleasure of the governor, and the director may employ a deputy director. (20)Section 97B.49B, subsection 1, paragraph e, Code 2014, is amended by adding the following new subparagraph:NEW SUBPARAGRAPH(13)An employee of a judicial district department of correctional services whose condition of employment requires the employee to be certified by the Iowa law enforcement academy and who is required to perform the duties of a parole officer as provided in section 906.2. (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, 2016, the annual appropriations in section 714.16C, are increased from $1,125,000 to $1,875,000, and $75,000 to $125,000 respectively. (22)PERSONNEL SETTLEMENT AGREEMENT PAYMENTS.As a condition made to any appropriation provided in this Act, moneys appropriated and any other moneys available for use by the entity to which the appropriation is made under this Act shall not be used for the payment of a personnel settlement agreement between that entity and a state employee that contains a confidentiality provision intended to prevent public disclosure of the agreement or any terms of the agreement. (23)EFFECTIVE DATE.The following provision of this division of this Act takes effect January 1, 2015:1.The section enacting new section 13.32. (24)EFFECTIVE UPON ENACTMENT.The following provision of this division of this Act, being deemed of immediate importance, takes effect upon enactment:1.The section amending section 80B.5. (IV) PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM (25)Section 97A.1, Code 2014, is amended by adding the following new subsections:NEW SUBSECTION5A.“Cancer” means prostate cancer, primary brain cancer, breast cancer, ovarian cancer, cervical cancer, uterine cancer, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder cancer, colorectal cancer, multiple myeloma, testicular cancer, and kidney cancer.NEW SUBSECTION9A.“Infectious disease” means HIV or AIDS as defined in section 141A.1, all strains of hepatitis, meningococcal meningitis, and mycobacterium tuberculosis. (26)Section 97A.5, subsection 11, Code 2014, is amended to read as follows:11.Actuarial investigation.a.At least once in each two-year period, the actuary hired by the board of trustees shall make an actuarial investigation in the mortality, service, and compensation experience of the members and beneficiaries of the system, and the interest and other earnings on the moneys and other assets of the system, and shall make a valuation of the assets and liabilities of the retirement fund of the system, and taking into account the results of the investigation and valuation, the board of trustees shall adopt for the system, upon recommendation of the system’s actuary, such actuarial methods and assumptions, interest rate, and mortality and other tables as shall be deemed necessary to conduct the actuarial valuation of the system.b.During calendar year 2019, and every five years thereafter, the system shall cause an actuarial investigation to be made related to the implementation, utilization, and actuarial costs associated with providing that cancer and infectious disease are presumed to be a disease contracted while a member of the system is on active duty as provided in section 97A.6, subsection 5. On the basis of the investigation, the board of trustees shall adopt and certify rates of contributions payable by members in accordance with section 97A.8. The system shall submit a written report to the general assembly following each actuarial investigation, including the certified rates of contributions payable by members for costs associated with the benefit as described in this paragraph, the data collected, and the system’s findings. (27)Section 97A.6, subsection 5, paragraph b, Code 2014, is amended to read as follows:b.(1)Disease under this sectionsubsection shall mean heart disease or any disease of the lungs or respiratory tract and shall be presumed to have been contracted while on active duty as a result of strain, exposure, or the inhalation of noxious fumes, poison, or gases.(2)Disease under this subsection shall also mean cancer or infectious disease and shall be presumed to have been contracted while on active duty as a result of that duty.(3)However, if a person’s membership in the system first commenced on or after July 1, 1992, and the heart disease or disease of the lungs or respiratory tract, cancer, or infectious disease would not exist, but for a medical condition that was known to exist on the date that membership commenced, the presumption established in this paragraph“b” shall not apply. (28)Section 97A.8, subsection 1, paragraph e, subparagraph (8), subparagraph division (a), subparagraph subdivision (v), Code 2014, is amended to read as follows:(v)For the fiscal yearperiod beginning July 1, 2014, and each fiscal year thereafterending June 30, 2020, eleven and thirty-five hundredthsfour-tenths percent. (29)Section 97A.8, subsection 1, paragraph e, subparagraph (8), subparagraph division (a), Code 2014, is amended by adding the following new subparagraph subdivision:NEW SUBPARAGRAPH SUBDIVISION(vi)For the fiscal year beginning July 1, 2020, and each fiscal year thereafter, eleven and thirty-five hundredths percent, plus an additional percentage, as determined by the board of trustees pursuant to the actuarial investigation required in section 97A.5, subsection 11, paragraph “b”, necessary to finance the costs associated with providing that cancer and infectious disease are presumed to be a disease contracted while a member of the system is on active duty as provided in section 97A.6, subsection 5.Approved May 30, 2014, with exception noted.TERRY E. BRANSTAD, GovernorDear Mr. Secretary: I hereby transmit House File 2450, an Act relating to appropriations to the justice system and including effective date provisions. House File 2450 is approved on this date with the following exception, which I hereby disapprove. I am unable to approve the item designated as Section 6, amending the 2013 Iowa Acts, chapter 139, section 22, subsection 1, by inserting lettered paragraph c. This item contains policy language pertaining to the Department of Corrections entering into a new contract in excess of $100,000 for privatized services during fiscal year 2015 without prior notification of the legislature and employee organizations. However, this item allows the department to renew existing contracts without notification. This item would prevent the department from obtaining services for inmates in an effective and efficient manner. This notification unnecessarily impedes the department’s management authority. For the above reasons, I respectfully disapprove the designated item in accordance with Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa. All other items in House File 2450 are hereby approved as of this date.Sincerely,TERRY E. BRANSTAD, Governor
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