Senate File 509 - ReprintedA Bill ForAn Act 1relating to appropriations to the justice system.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2017-2018
3APPROPRIATIONS
4   Section 1.  DEPARTMENT OF JUSTICE.
   51.  There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2017, and ending June 30, 2018, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
   10a.  For the general office of attorney general for salaries,
11support, maintenance, and miscellaneous purposes, including
12the prosecuting attorneys training program, matching funds
13for federal violence against women grant programs, victim
14assistance grants, office of drug control policy prosecuting
15attorney program, and odometer fraud enforcement, and for not
16more than the following full-time equivalent positions:
..................................................  $176,672,307
...............................................  FTEs18215.00
   19As a condition of receiving the appropriation provided
20in this lettered paragraph, the department of justice shall
21maintain a record of the estimated time incurred representing
22each agency or department.
   23b.  For victim assistance grants:
..................................................  $245,016,708
   25The moneys appropriated in this lettered paragraph shall be
26used to provide grants to care providers providing services to
27crime victims of domestic abuse or to crime victims of rape and
28sexual assault.
   29The balance of the victim compensation fund established
30in section 915.94 may be used to provide salary and support
31of not more than 24.00 full-time equivalent positions and to
32provide maintenance for the victim compensation functions
33of the department of justice. In addition to the full-time
34equivalent positions authorized pursuant to this paragraph,
355.00 full-time equivalent positions are authorized and shall
-1-1be used by the department of justice to employ one accountant
2and four program planners. The department of justice may
3employ the additional 5.00 full-time equivalent positions
4authorized pursuant to this paragraph that are in excess of the
5number of full-time equivalent positions authorized only if
6the department of justice receives sufficient federal moneys
7to maintain employment for the additional full-time equivalent
8positions during the current fiscal year. The department
9of justice shall only employ the additional 5.00 full-time
10equivalent positions in succeeding fiscal years if sufficient
11federal moneys are received during each of those succeeding
12fiscal years.
   13The department of justice shall transfer at least $150,000
14from the victim compensation fund established in section 915.94
15to the victim assistance grant program.
   16Notwithstanding section 8.33, moneys appropriated in this
17paragraph “b” that remain unencumbered or unobligated at the
18close of the fiscal year shall not revert but shall remain
19available for expenditure for the purposes designated until the
20close of the succeeding fiscal year.
   21c.  For legal services for persons in poverty grants as
22provided in section 13.34:
..................................................  $232,304,601
   242.  a.  The department of justice, in submitting budget
25estimates for the fiscal year commencing July 1, 2018, pursuant
26to section 8.23, shall include a report of funding from sources
27other than amounts appropriated directly from the general fund
28of the state to the department of justice or to the office of
29consumer advocate. These funding sources shall include but
30are not limited to reimbursements from other state agencies,
31commissions, boards, or similar entities, and reimbursements
32from special funds or internal accounts within the department
33of justice. The department of justice shall also report actual
34reimbursements for the fiscal year commencing July 1, 2017,
35and actual and expected reimbursements for the fiscal year
-2-1commencing July 1, 2018.
   2b.  The department of justice shall include the report
3required under paragraph “a”, as well as information regarding
4any revisions occurring as a result of reimbursements actually
5received or expected at a later date, in a report to the
6co-chairpersons and ranking members of the joint appropriations
7subcommittee on the justice system and the legislative services
8agency. The department of justice shall submit the report on
9or before January 15, 2018.
   103.  a.  The department of justice shall reimburse the
11costs and necessary related expenses incurred by the Iowa
12law enforcement academy to employ one additional instructor
13position who shall provide training for domestic abuse and
14human trafficking-related issues throughout the state.
   15b.  The department of justice shall obtain the moneys
16necessary to reimburse the Iowa law enforcement academy to
17employ such an instructor from unrestricted moneys from either
18the victim compensation fund established in section 915.94, the
19human trafficking victim fund established in section 915.95, or
20the human trafficking enforcement fund established in 2015 Iowa
21Acts, chapter 138, section 141.
22   Sec. 2.  CONSUMER EDUCATION AND LITIGATION — FARM
23MEDIATION.
  Notwithstanding section 714.16C, there is
24appropriated from the consumer education and litigation fund to
25the department of justice for the fiscal year beginning July
261, 2017, and ending June 30, 2018, the following amount, or
27so much thereof as is necessary, to be used for the purposes
28designated:
   29For farm mediation services as specified in section 13.13,
30subsection 2:
..................................................  $31300,000
32   Sec. 3.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated
33from the department of commerce revolving fund created in
34section 546.12 to the office of consumer advocate of the
35department of justice for the fiscal year beginning July 1,
-3-12017, and ending June 30, 2018, the following amount, or so
2much thereof as is necessary, to be used for the purposes
3designated:
   4For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
..................................................  $73,137,588
...............................................  FTEs822.00
9   Sec. 4.  DEPARTMENT OF CORRECTIONS — FACILITIES.
   101.  There is appropriated from the general fund of the state
11to the department of corrections for the fiscal year beginning
12July 1, 2017, and ending June 30, 2018, the following amounts,
13or so much thereof as is necessary, to be used for the purposes
14designated:
   15a.  For the operation of the Fort Madison correctional
16facility, including salaries, support, maintenance, and
17miscellaneous purposes:
..................................................  $1842,719,050
   19b.  For the operation of the Anamosa correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
..................................................  $2232,827,163
   23c.  For the operation of the Oakdale correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
..................................................  $2659,491,533
   27d.  For the operation of the Newton correctional facility,
28including salaries, support, maintenance, and miscellaneous
29purposes:
..................................................  $3027,661,220
   31e.  For the operation of the Mount Pleasant correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
..................................................  $3424,676,413
   35f.  For the operation of the Rockwell City correctional
-4-1facility, including salaries, support, maintenance, and
2miscellaneous purposes:
..................................................  $39,720,458
   4g.  For the operation of the Clarinda correctional facility,
5including salaries, support, maintenance, and miscellaneous
6purposes:
..................................................  $725,085,406
   8Moneys received by the department of corrections as
9reimbursement for services provided to the Clarinda youth
10corporation are appropriated to the department and shall be
11used for the purpose of operating the Clarinda correctional
12facility.
   13h.  For the operation of the Mitchellville correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
..................................................  $1622,394,090
   17i.  For the operation of the Fort Dodge correctional
18facility, including salaries, support, maintenance, and
19miscellaneous purposes:
..................................................  $2029,766,995
   21j.  For reimbursement of counties for temporary confinement
22of prisoners, as provided in sections 901.7, 904.908, and
23906.17, and for offenders confined pursuant to section 904.513:
..................................................  $241,575,092
   25k.  For federal prison reimbursement, reimbursements for
26out-of-state placements, and miscellaneous contracts:
..................................................  $27484,411
   282.  The department of corrections shall use moneys
29appropriated in subsection 1 to continue to contract for the
30services of a Muslim imam and a Native American spiritual
31leader.
32   Sec. 5.  DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
   33There is appropriated from the general fund of the state to the
34department of corrections for the fiscal year beginning July
351, 2017, and ending June 30, 2018, the following amounts, or
-5-1so much thereof as is necessary, to be used for the purposes
2designated:
   31.  For general administration, including salaries, support,
4maintenance, employment of an education director to administer
5a centralized education program for the correctional system,
6and miscellaneous purposes:
..................................................  $75,153,905
   8a.  It is the intent of the general assembly that each
9lease negotiated by the department of corrections with a
10private corporation for the purpose of providing private
11industry employment of inmates in a correctional institution
12shall prohibit the private corporation from utilizing inmate
13labor for partisan political purposes for any person seeking
14election to public office in this state and that a violation
15of this requirement shall result in a termination of the lease
16agreement.
   17b.  It is the intent of the general assembly that as a
18condition of receiving the appropriation provided in this
19subsection the department of corrections shall not enter into
20a lease or contractual agreement pursuant to section 904.809
21with a private corporation for the use of building space for
22the purpose of providing inmate employment without providing
23that the terms of the lease or contract establish safeguards to
24restrict, to the greatest extent feasible, access by inmates
25working for the private corporation to personal identifying
26information of citizens.
   272.  For educational programs for inmates at state penal
28institutions:
..................................................  $292,608,109
   30a.  To maximize the funding for educational programs,
31the department shall establish guidelines and procedures to
32prioritize the availability of educational and vocational
33training for inmates based upon the goal of facilitating an
34inmate’s successful release from the correctional institution.
   35b.  The director of the department of corrections may
-6-1transfer moneys from Iowa prison industries and the canteen
2operating funds established pursuant to section 904.310, for
3use in educational programs for inmates.
   4c.  Notwithstanding section 8.33, moneys appropriated in
5this subsection that remain unobligated or unexpended at the
6close of the fiscal year shall not revert but shall remain
7available to be used only for the purposes designated in this
8subsection until the close of the succeeding fiscal year.
   93.  For the development of the Iowa corrections offender
10network (ICON) data system:
..................................................  $112,000,000
   124.  For offender mental health and substance abuse
13treatment:
..................................................  $1428,065
   155.  For department-wide duties, including operations, costs,
16and miscellaneous purposes:
..................................................  $171,297,894
18   Sec. 6.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
19SERVICES.
   201.  There is appropriated from the general fund of the state
21to the department of corrections for the fiscal year beginning
22July 1, 2017, and ending June 30, 2018, for salaries, support,
23maintenance, and miscellaneous purposes, the following amounts,
24or so much thereof as is necessary, to be used for the purposes
25designated:
   26a.  For the first judicial district department of
27correctional services:
..................................................  $2814,636,766
   29It is the intent of the general assembly that the first
30judicial district department of correctional services maintain
31the drug courts operated by the district department.
   32b.  For the second judicial district department of
33correctional services:
..................................................  $3411,383,739
   35It is the intent of the general assembly that the second
-7-1judicial district department of correctional services establish
2and maintain two drug courts to be operated by the district
3department.
   4c.  For the third judicial district department of
5correctional services:
..................................................  $67,167,957
   7d.  For the fourth judicial district department of
8correctional services:
..................................................  $95,579,922
   10e.  For the fifth judicial district department of
11correctional services, including funding for electronic
12monitoring devices for use on a statewide basis:
..................................................  $1320,857,940
   14It is the intent of the general assembly that the fifth
15judicial district department of correctional services maintain
16the drug court operated by the district department.
   17f.  For the sixth judicial district department of
18correctional services:
..................................................  $1914,713,165
   20It is the intent of the general assembly that the sixth
21judicial district department of correctional services maintain
22the drug court operated by the district department.
   23g.  For the seventh judicial district department of
24correctional services:
..................................................  $257,777,341
   26It is the intent of the general assembly that the seventh
27judicial district department of correctional services maintain
28the drug court operated by the district department.
   29h.  For the eighth judicial district department of
30correctional services:
..................................................  $318,084,521
   322.  Each judicial district department of correctional
33services, within the funding available, shall continue programs
34and plans established within that district to provide for
35intensive supervision, sex offender treatment, diversion of
-8-1low-risk offenders to the least restrictive sanction available,
2job development, and expanded use of intermediate criminal
3sanctions.
   43.  Each judicial district department of correctional
5services shall provide alternatives to prison consistent with
6chapter 901B. The alternatives to prison shall ensure public
7safety while providing maximum rehabilitation to the offender.
8A judicial district department of correctional services may
9also establish a day program.
   104.  The governor’s office of drug control policy shall
11consider federal grants made to the department of corrections
12for the benefit of each of the eight judicial district
13departments of correctional services as local government
14grants, as defined pursuant to federal regulations.
   155.  The department of corrections shall continue to contract
16with a judicial district department of correctional services to
17provide for the rental of electronic monitoring equipment which
18shall be available statewide.
19   Sec. 7.  DEPARTMENT OF CORRECTIONS — REALLOCATION OF
20APPROPRIATIONS.
  Notwithstanding section 8.39, within the
21moneys appropriated in this division of this Act to the
22department of corrections, the department may reallocate the
23moneys appropriated and allocated as necessary to best fulfill
24the needs of the correctional institutions, administration
25of the department, and the judicial district departments of
26correctional services. However, in addition to complying with
27the requirements of sections 904.116 and 905.8 and providing
28notice to the legislative services agency, the department
29of corrections shall also provide notice to the department
30of management, prior to the effective date of the revision
31or reallocation of an appropriation made pursuant to this
32section. The department of corrections shall not reallocate an
33appropriation or allocation for the purpose of eliminating any
34program.
35   Sec. 8.  INTENT — REPORTS.
-9-
   11.  The department of corrections in cooperation with
2townships, the Iowa cemetery associations, and other nonprofit
3or governmental entities may use inmate labor during the
4fiscal year beginning July 1, 2017, to restore or preserve
5rural cemeteries and historical landmarks. The department in
6cooperation with the counties may also use inmate labor to
7clean up roads, major water sources, and other water sources
8around the state.
   92.  On a quarterly basis the department shall provide a
10status report regarding private-sector employment to the
11legislative services agency beginning on July 1, 2017. The
12report shall include the number of offenders employed in the
13private sector, the combined number of hours worked by the
14offenders, the total amount of allowances, and the distribution
15of allowances pursuant to section 904.702, including any moneys
16deposited in the general fund of the state.
17   Sec. 9.  ELECTRONIC MONITORING REPORT.  The department of
18corrections shall submit a report on electronic monitoring to
19the general assembly, to the co-chairpersons and the ranking
20members of the joint appropriations subcommittee on the justice
21system, and to the legislative services agency by January
2215, 2018. The report shall specifically address the number
23of persons being electronically monitored and break down the
24number of persons being electronically monitored by offense
25committed. The report shall also include a comparison of any
26data from the prior fiscal year with the current year.
27   Sec. 10.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   281.  As used in this section, unless the context otherwise
29requires, “state agency” means the government of the state
30of Iowa, including but not limited to all executive branch
31departments, agencies, boards, bureaus, and commissions, the
32judicial branch, the general assembly and all legislative
33agencies, institutions within the purview of the state board of
34regents, and any corporation whose primary function is to act
35as an instrumentality of the state.
-10-
   12.  State agencies are encouraged to purchase products from
2Iowa state industries, as defined in section 904.802, when
3purchases are required and the products are available from
4Iowa state industries. State agencies shall obtain bids from
5Iowa state industries for purchases of office furniture during
6the fiscal year beginning July 1, 2017, exceeding $5,000 or
7in accordance with applicable administrative rules related to
8purchases for the agency.
9   Sec. 11.  IOWA LAW ENFORCEMENT ACADEMY.
   101.  There is appropriated from the general fund of the
11state to the Iowa law enforcement academy for the fiscal year
12beginning July 1, 2017, and ending June 30, 2018, the following
13amount, or so much thereof as is necessary, to be used for the
14purposes designated:
   15For salaries, support, maintenance, and miscellaneous
16purposes, including jailer training and technical assistance,
17and for not more than the following full-time equivalent
18positions:
..................................................  $19954,756
...............................................  FTEs2025.00
   21The Iowa law enforcement academy may temporarily exceed and
22draw more than the amount appropriated in this subsection and
23incur a negative cash balance as long as there are receivables
24equal to or greater than the negative balance and the amount
25appropriated in this subsection is not exceeded at the close
26of the fiscal year.
   272.  The Iowa law enforcement academy may select at least
28five automobiles of the department of public safety, division
29of state patrol, prior to turning over the automobiles to
30the department of administrative services to be disposed
31of by public auction, and the Iowa law enforcement academy
32may exchange any automobile owned by the academy for each
33automobile selected if the selected automobile is used in
34training law enforcement officers at the academy. However, any
35automobile exchanged by the academy shall be substituted for
-11-1the selected vehicle of the department of public safety and
2sold by public auction with the receipts being deposited in the
3depreciation fund to the credit of the department of public
4safety, division of state patrol.
   53.  The Iowa law enforcement academy shall provide training
6for domestic abuse and human trafficking-related issues
7throughout the state. The training shall be offered at no
8cost to the attendees and the training shall not replace any
9existing domestic abuse or human trafficking training offered
10by the academy.
11   Sec. 12.  STATE PUBLIC DEFENDER.  There is appropriated from
12the general fund of the state to the office of the state public
13defender of the department of inspections and appeals for the
14fiscal year beginning July 1, 2017, and ending June 30, 2018,
15the following amounts, or so much thereof as is necessary, to
16be used for the purposes designated:
   171.  For salaries, support, maintenance, and miscellaneous
18purposes, and for not more than the following full-time
19equivalent positions:
..................................................  $2026,182,243
...............................................  FTEs21223.00
   222.  For payments on behalf of eligible adults and juveniles
23from the indigent defense fund, in accordance with section
24815.11:
..................................................  $2533,444,448
26   Sec. 13.  BOARD OF PAROLE.  There is appropriated from the
27general fund of the state to the board of parole for the fiscal
28year beginning July 1, 2017, and ending June 30, 2018, the
29following amount, or so much thereof as is necessary, to be
30used for the purposes designated:
   31For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
..................................................  $341,191,731
...............................................  FTEs3510.75
-12-
1   Sec. 14.  DEPARTMENT OF PUBLIC DEFENSE.
   21.  There is appropriated from the general fund of the
3state to the department of public defense, for the fiscal year
4beginning July 1, 2017, and ending June 30, 2018, the following
5amounts, or so much thereof as is necessary, to be used for the
6purposes designated:
   7For salaries, support, maintenance, and miscellaneous
8purposes, and for not more than the following full-time
9equivalent positions:
..................................................  $106,223,324
...............................................  FTEs11248.00
   122.  The department of public defense may temporarily exceed
13and draw more than the amount appropriated in this section and
14incur a negative cash balance as long as there are receivables
15of federal funds equal to or greater than the negative balance
16and the amount appropriated in this section is not exceeded at
17the close of the fiscal year.
18   Sec. 15.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
19MANAGEMENT.
   201.  There is appropriated from the general fund of the state
21to the department of homeland security and emergency management
22for the fiscal year beginning July 1, 2017, and ending June
2330, 2018, the following amounts, or so much thereof as is
24necessary, to be used for the purposes designated:
   25For salaries, support, maintenance, and miscellaneous
26purposes, and for not more than the following full-time
27equivalent positions:
..................................................  $282,121,927
...............................................  FTEs2933.87
   302.  The department of homeland security and emergency
31management may temporarily exceed and draw more than the amount
32appropriated in this section and incur a negative cash balance
33as long as there are receivables of federal funds equal to or
34greater than the negative balance and the amount appropriated
35in this section is not exceeded at the close of the fiscal
-13-1year.
2   Sec. 16.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated
3from the general fund of the state to the department of public
4safety for the fiscal year beginning July 1, 2017, and ending
5June 30, 2018, the following amounts, or so much thereof as is
6necessary, to be used for the purposes designated:
   71.  For the department’s administrative functions, including
8the criminal justice information system, and for not more than
9the following full-time equivalent positions:
..................................................  $104,143,131
...............................................  FTEs1137.00
   122.  For the division of criminal investigation, including
13the state’s contribution to the peace officers’ retirement,
14accident, and disability system provided in chapter 97A in the
15amount of the state’s normal contribution rate, as defined in
16section 97A.8, multiplied by the salaries for which the moneys
17are appropriated, to meet federal fund matching requirements,
18and for not more than the following full-time equivalent
19positions:
..................................................  $2013,590,544
...............................................  FTEs21160.00
   22The division of criminal investigation may employ two of
23the three additional full-time equivalent positions authorized
24pursuant to this subsection that are in excess of the number
25of full-time equivalent positions authorized for the previous
26fiscal year only if the division of criminal investigation
27receives sufficient federal moneys to maintain employment for
28the additional 2.00 full-time equivalent positions during the
29current fiscal year. The division of criminal investigation
30shall only employ the additional 2.00 full-time equivalent
31positions in succeeding fiscal years if sufficient federal
32moneys are received during each of those succeeding fiscal
33years.
   343.  For the criminalistics laboratory fund created in
35section 691.9:
-14-
..................................................  $1302,345
   24.  a.  For the division of narcotics enforcement, including
3the state’s contribution to the peace officers’ retirement,
4accident, and disability system provided in chapter 97A in the
5amount of the state’s normal contribution rate, as defined in
6section 97A.8, multiplied by the salaries for which the moneys
7are appropriated, to meet federal fund matching requirements,
8and for not more than the following full-time equivalent
9positions:
..................................................  $107,453,300
...............................................  FTEs1166.50
   12The division of narcotics enforcement may employ an
13additional 1.00 full-time equivalent position authorized
14pursuant to this lettered paragraph that is in excess of
15the number of full-time equivalent positions authorized for
16the previous fiscal year only if the division of narcotics
17enforcement receives sufficient federal moneys to maintain
18employment for the additional full-time equivalent position
19during the current fiscal year. The division of narcotics
20enforcement shall only employ the additional full-time
21equivalent position in succeeding fiscal years if sufficient
22federal moneys are received during each of those succeeding
23fiscal years.
   24b.  For the division of narcotics enforcement for undercover
25purchases:
..................................................  $26109,042
   275.  For the division of state fire marshal, for fire
28protection services as provided through the state fire service
29and emergency response council as created in the department,
30and for the state’s contribution to the peace officers’
31retirement, accident, and disability system provided in chapter
3297A in the amount of the state’s normal contribution rate,
33as defined in section 97A.8, multiplied by the salaries for
34which the moneys are appropriated, and for not more than the
35following full-time equivalent positions:
-15-
..................................................  $14,686,714
...............................................  FTEs253.00
   36.  For the division of state patrol, for salaries, support,
4maintenance, workers’ compensation costs, and miscellaneous
5purposes, including the state’s contribution to the peace
6officers’ retirement, accident, and disability system provided
7in chapter 97A in the amount of the state’s normal contribution
8rate, as defined in section 97A.8, multiplied by the salaries
9for which the moneys are appropriated, and for not more than
10the following full-time equivalent positions:
..................................................  $1161,366,340
...............................................  FTEs12511.40
   13It is the intent of the general assembly that members of the
14state patrol be assigned to patrol the highways and roads in
15lieu of assignments for inspecting school buses for the school
16districts.
   177.  For deposit in the sick leave benefits fund established
18under section 80.42 for all departmental employees eligible to
19receive benefits for accrued sick leave under the collective
20bargaining agreement:
..................................................  $21279,517
   228.  For costs associated with the training and equipment
23needs of volunteer fire fighters:
..................................................  $24825,520
   25a.  Notwithstanding section 8.33, moneys appropriated in
26this subsection that remain unencumbered or unobligated at the
27close of the fiscal year shall not revert but shall remain
28available for expenditure only for the purpose designated in
29this subsection until the close of the succeeding fiscal year.
   30b.  Notwithstanding section 8.39, the department of public
31safety may reallocate moneys appropriated in this section
32as necessary to best fulfill the needs provided for in the
33appropriation. However, the department shall not reallocate
34moneys appropriated to the department in this section unless
35notice of the reallocation is given to the legislative services
-16-1agency and the department of management prior to the effective
2date of the reallocation. The notice shall include information
3regarding the rationale for reallocating the moneys. The
4department shall not reallocate moneys appropriated in this
5section for the purpose of eliminating any program.
   69.  For the public safety interoperable and broadband
7communications fund established in section 80.44:
..................................................  $8115,661
   910.  For the office to combat human trafficking established
10pursuant to section 80.45, as enacted by 2016 Iowa Acts,
11chapter 1077, section 1, including salaries, support,
12maintenance, miscellaneous purposes, and for not more than the
13following full-time equivalent positions:
..................................................  $14150,000
...............................................  FTEs152.00
   1611.  For department-wide duties, including operations,
17costs, and miscellaneous purposes:
..................................................  $181,834,973
19   Sec. 17.  GAMING ENFORCEMENT.
   201.  There is appropriated from the gaming enforcement
21revolving fund created in section 80.43 to the department of
22public safety for the fiscal year beginning July 1, 2017, and
23ending June 30, 2018, the following amount, or so much thereof
24as is necessary, to be used for the purposes designated:
   25For any direct support costs for agents and officers of
26the division of criminal investigation’s excursion gambling
27boat, gambling structure, and racetrack enclosure enforcement
28activities, including salaries, support, maintenance, and
29miscellaneous purposes, and for not more than the following
30full-time equivalent positions:
..................................................  $3110,841,272
...............................................  FTEs3273.00
   332.  For each additional license to conduct gambling games on
34an excursion gambling boat, gambling structure, or racetrack
35enclosure issued during the fiscal year beginning July 1, 2017,
-17-1there is appropriated from the gaming enforcement fund to the
2department of public safety for the fiscal year beginning July
31, 2017, and ending June 30, 2018, an additional amount of not
4more than $300,000 to be used for not more than 3.00 additional
5full-time equivalent positions.
   63.  The department of public safety, with the approval of the
7department of management, may employ no more than three special
8agents for each additional riverboat or gambling structure
9regulated after July 1, 2017, and three special agents for
10each racing facility which becomes operational during the
11fiscal year which begins July 1, 2017. Positions authorized
12in this subsection are in addition to the full-time equivalent
13positions otherwise authorized in this section.
14   Sec. 18.  CIVIL RIGHTS COMMISSION.
   151.  There is appropriated from the general fund of the state
16to the Iowa state civil rights commission for the fiscal year
17beginning July 1, 2017, and ending June 30, 2018, the following
18amount, or so much thereof as is necessary, to be used for the
19purposes designated:
   20For salaries, support, maintenance, and miscellaneous
21purposes, and for not more than the following full-time
22equivalent positions:
..................................................  $231,157,062
...............................................  FTEs2430.00
   252.  The Iowa state civil rights commission may enter into
26a contract with a nonprofit organization to provide legal
27assistance to resolve civil rights complaints.
28   Sec. 19.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
   291.  There is appropriated from the general fund of the state
30to the criminal and juvenile justice planning division of the
31department of human rights for the fiscal year beginning July
321, 2017, and ending June 30, 2018, the following amount, or
33so much thereof as is necessary, to be used for the purposes
34designated:
   35For salaries, support, maintenance, and miscellaneous
-18-1purposes, and for not more than the following full-time
2equivalent positions:
..................................................  $31,187,833
...............................................  FTEs49.56
   52.  The criminal and juvenile justice planning advisory
6council and the juvenile justice advisory council shall
7coordinate their efforts in carrying out their respective
8duties relative to juvenile justice.
9   Sec. 20.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
10MANAGEMENT.
  There is appropriated from the E911 emergency
11communications fund created in section 34A.7A to the department
12of homeland security and emergency management for the fiscal
13year beginning July 1, 2017, and ending June 30, 2018, the
14following amount, or so much thereof as is necessary, to be
15used for the purposes designated:
   16For implementation, support, and maintenance of the
17functions of the administrator and program manager under
18chapter 34A and to employ the auditor of the state to perform
19an annual audit of the E911 emergency communications fund:
..................................................  $20250,000
21DIVISION II
22MISCELLANEOUS CHANGES
23   Sec. 21.  Section 35A.13, subsection 6, Code 2017, is amended
24by adding the following new paragraph:
25   NEW PARAGRAPH.  n.  Expenses related to survivor outreach
26activities supported by the department of public defense
27established in section 29.1.
28   Sec. 22.  NEW SECTION.  80B.19  Academy internal training fund
29clearing account.
   301.  Activities of the academy shall be accounted for within
31the general fund of the state, except the academy may establish
32and maintain an internal training clearing fund in accordance
33with generally accepted accounting principles, as defined in
34section 8.57, subsection 4, for activities of the academy
35which are primarily from billings to governmental entities for
-19-1services rendered by the academy.
   22.  Internal training funds in the internal training
3clearing fund shall be administered by the academy and shall
4consist of moneys collected by the academy from billings issued
5in accordance with chapter 80B, and any other moneys obtained
6or accepted by the academy, including but not limited to gifts,
7loans, donations, grants, and contributions, which are obtained
8or designated to support the activities of the academy.
   93.  The proceeds of an internal training clearing fund
10established pursuant to this section shall be used by the
11academy and expended through the appropriated account of the
12academy for the operations of the academy consistent with this
13chapter. However, this usage requirement shall not limit or
14restrict the academy from using proceeds from gifts, loans,
15donations, grants, and contributions in conformance with any
16conditions, directions, limitations, or instructions attached
17or related thereto.
   184.  Section 8.33 does not apply to any moneys in the internal
19training clearing fund established pursuant to this section.
20Notwithstanding section 12C.7, subsection 2, interest or
21earnings on moneys deposited in the fund shall be credited to
22the fund.
23   Sec. 23.  Section 805.6, subsection 4, paragraphs a, b, and
24c, Code 2017, are amended to read as follows:
   25a.  If the offense is one to which an assessment of a minimum
26fine is applicable and the entry is otherwise not prohibited
27by this section, an amount equal to one and one-half times the
28minimum fine and applicable surcharge assessed pursuant to
29chapter 911,
plus court costs.
   30b.  If the offense is one to which a scheduled fine is
31applicable, an amount equal to one and one-half times the
32scheduled fine and applicable surcharge assessed pursuant to
33chapter 911,
plus court costs.
   34c.  If the violation is for any offense for which a court
35appearance is mandatory, and an assessment of a minimum fine
-20-1is not applicable, the amount of one hundred dollars and
2applicable surcharge assessed pursuant to chapter 911,
plus
3court costs.
4   Sec. 24.  2014 Iowa Acts, chapter 1138, section 21, as
5amended by 2016 Iowa Acts, chapter 1137, section 18, is amended
6to read as follows:
   7SEC. 21.  CONSUMER EDUCATION AND LITIGATION FUND.
  8Notwithstanding section 714.16C, for each fiscal year of the
9period beginning July 1, 2014, and ending June 30, 2018 2019,
10the annual appropriations in section 714.16C, are increased
11from $1,125,000 to $1,875,000, and $75,000 to $125,000
12respectively.
13   Sec. 25.  CONSUMER EDUCATION AND LITIGATION FUND —
14CRIMINAL PROSECUTION, CRIMINAL APPEALS, AND STATE TORT
15CLAIMS.
  Notwithstanding section 714.16C, for the fiscal year
16beginning July 1, 2017, and ending June 30, 2018, not more than
17one million three hundred thousand dollars is appropriated
18from the consumer education and litigation fund established in
19section 714.16C, to the department of justice to be used for
20salaries, support, maintenance, and miscellaneous purposes for
21criminal prosecutions, criminal appeals, and performing duties
22pursuant to Code chapter 669.
23   Sec. 26.  REPEAL.  Sections 904.203, 904.204, 904.205, and
24904.206, Code 2017, are repealed.
25DIVISION III
26FY 2018-2019
27APPROPRIATIONS
28   Sec. 27.  DEPARTMENT OF JUSTICE.
   291.  There is appropriated from the general fund of the state
30to the department of justice for the fiscal year beginning July
311, 2018, and ending June 30, 2019, the following amounts, or
32so much thereof as is necessary, to be used for the purposes
33designated:
   34a.  For the general office of attorney general for salaries,
35support, maintenance, and miscellaneous purposes, including
-21-1the prosecuting attorneys training program, matching funds
2for federal violence against women grant programs, victim
3assistance grants, office of drug control policy prosecuting
4attorney program, and odometer fraud enforcement, and for not
5more than the following full-time equivalent positions:
..................................................  $63,336,154
...............................................  FTEs7215.00
   8As a condition of receiving the appropriation provided
9in this lettered paragraph, the department of justice shall
10maintain a record of the estimated time incurred representing
11each agency or department.
   12b.  For victim assistance grants:
..................................................  $132,508,354
   14The moneys appropriated in this lettered paragraph shall be
15used to provide grants to care providers providing services to
16crime victims of domestic abuse or to crime victims of rape and
17sexual assault.
   18The balance of the victim compensation fund established
19in section 915.94 may be used to provide salary and support
20of not more than 24.00 full-time equivalent positions and to
21provide maintenance for the victim compensation functions
22of the department of justice. In addition to the full-time
23equivalent positions authorized pursuant to this paragraph,
245.00 full-time equivalent positions are authorized and shall
25be used by the department of justice to employ one accountant
26and four program planners. The department of justice may
27employ the additional 5.00 full-time equivalent positions
28authorized pursuant to this paragraph that are in excess of the
29number of full-time equivalent positions authorized only if
30the department of justice receives sufficient federal moneys
31to maintain employment for the additional full-time equivalent
32positions during the current fiscal year. The department
33of justice shall only employ the additional 5.00 full-time
34equivalent positions in succeeding fiscal years if sufficient
35federal moneys are received during each of those succeeding
-22-1fiscal years.
   2The department of justice shall transfer at least $150,000
3from the victim compensation fund established in section 915.94
4to the victim assistance grant program.
   5Notwithstanding section 8.33, moneys appropriated in this
6paragraph “b” that remain unencumbered or unobligated at the
7close of the fiscal year shall not revert but shall remain
8available for expenditure for the purposes designated until the
9close of the succeeding fiscal year.
   10c.  For legal services for persons in poverty grants as
11provided in section 13.34:
..................................................  $121,152,301
   132.  a.  The department of justice, in submitting budget
14estimates for the fiscal year commencing July 1, 2019, pursuant
15to section 8.23, shall include a report of funding from sources
16other than amounts appropriated directly from the general fund
17of the state to the department of justice or to the office of
18consumer advocate. These funding sources shall include but
19are not limited to reimbursements from other state agencies,
20commissions, boards, or similar entities, and reimbursements
21from special funds or internal accounts within the department
22of justice. The department of justice shall also report actual
23reimbursements for the fiscal year commencing July 1, 2017,
24and actual and expected reimbursements for the fiscal year
25commencing July 1, 2018.
   26b.  The department of justice shall include the report
27required under paragraph “a”, as well as information regarding
28any revisions occurring as a result of reimbursements actually
29received or expected at a later date, in a report to the
30co-chairpersons and ranking members of the joint appropriations
31subcommittee on the justice system and the legislative services
32agency. The department of justice shall submit the report on
33or before January 15, 2019.
   343.  a.  The department of justice shall reimburse the
35costs and necessary related expenses incurred by the Iowa
-23-1law enforcement academy to employ one additional instructor
2position who shall provide training for domestic abuse and
3human trafficking-related issues throughout the state.
   4b.  The department of justice shall obtain the moneys
5necessary to reimburse the Iowa law enforcement academy to
6employ such an instructor from unrestricted moneys from either
7the victim compensation fund established in section 915.94, the
8human trafficking victim fund established in section 915.95, or
9the human trafficking enforcement fund established in 2015 Iowa
10Acts, chapter 138, section 141.
11   Sec. 28.  OFFICE OF CONSUMER ADVOCATE.  There is appropriated
12from the department of commerce revolving fund created in
13section 546.12 to the office of consumer advocate of the
14department of justice for the fiscal year beginning July 1,
152018, and ending June 30, 2019, the following amount, or so
16much thereof as is necessary, to be used for the purposes
17designated:
   18For salaries, support, maintenance, and miscellaneous
19purposes, and for not more than the following full-time
20equivalent positions:
..................................................  $211,568,794
...............................................  FTEs2222.00
23   Sec. 29.  DEPARTMENT OF CORRECTIONS — FACILITIES.
   241.  There is appropriated from the general fund of the state
25to the department of corrections for the fiscal year beginning
26July 1, 2018, and ending June 30, 2019, the following amounts,
27or so much thereof as is necessary, to be used for the purposes
28designated:
   29a.  For the operation of the Fort Madison correctional
30facility, including salaries, support, maintenance, and
31miscellaneous purposes:
..................................................  $3221,359,525
   33b.  For the operation of the Anamosa correctional facility,
34including salaries, support, maintenance, and miscellaneous
35purposes:
-24-
..................................................  $116,413,582
   2c.  For the operation of the Oakdale correctional facility,
3including salaries, support, maintenance, and miscellaneous
4purposes:
..................................................  $529,745,767
   6d.  For the operation of the Newton correctional facility,
7including salaries, support, maintenance, and miscellaneous
8purposes:
..................................................  $913,830,610
   10e.  For the operation of the Mount Pleasant correctional
11facility, including salaries, support, maintenance, and
12miscellaneous purposes:
..................................................  $1312,338,207
   14f.  For the operation of the Rockwell City correctional
15facility, including salaries, support, maintenance, and
16miscellaneous purposes:
..................................................  $174,860,229
   18g.  For the operation of the Clarinda correctional facility,
19including salaries, support, maintenance, and miscellaneous
20purposes:
..................................................  $2112,542,703
   22Moneys received by the department of corrections as
23reimbursement for services provided to the Clarinda youth
24corporation are appropriated to the department and shall be
25used for the purpose of operating the Clarinda correctional
26facility.
   27h.  For the operation of the Mitchellville correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
..................................................  $3011,197,045
   31i.  For the operation of the Fort Dodge correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
..................................................  $3414,883,498
   35j.  For reimbursement of counties for temporary confinement
-25-1of prisoners, as provided in sections 901.7, 904.908, and
2906.17, and for offenders confined pursuant to section 904.513:
..................................................  $3787,546
   4k.  For federal prison reimbursement, reimbursements for
5out-of-state placements, and miscellaneous contracts:
..................................................  $6242,206
   72.  The department of corrections shall use moneys
8appropriated in subsection 1 to continue to contract for the
9services of a Muslim imam and a Native American spiritual
10leader.
11   Sec. 30.  DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
   12There is appropriated from the general fund of the state to the
13department of corrections for the fiscal year beginning July
141, 2018, and ending June 30, 2019, the following amounts, or
15so much thereof as is necessary, to be used for the purposes
16designated:
   171.  For general administration, including salaries, support,
18maintenance, employment of an education director to administer
19a centralized education program for the correctional system,
20and miscellaneous purposes:
..................................................  $212,576,953
   22a.  It is the intent of the general assembly that each
23lease negotiated by the department of corrections with a
24private corporation for the purpose of providing private
25industry employment of inmates in a correctional institution
26shall prohibit the private corporation from utilizing inmate
27labor for partisan political purposes for any person seeking
28election to public office in this state and that a violation
29of this requirement shall result in a termination of the lease
30agreement.
   31b.  It is the intent of the general assembly that as a
32condition of receiving the appropriation provided in this
33subsection the department of corrections shall not enter into
34a lease or contractual agreement pursuant to section 904.809
35with a private corporation for the use of building space for
-26-1the purpose of providing inmate employment without providing
2that the terms of the lease or contract establish safeguards to
3restrict, to the greatest extent feasible, access by inmates
4working for the private corporation to personal identifying
5information of citizens.
   62.  For educational programs for inmates at state penal
7institutions:
..................................................  $81,304,055
   9a.  To maximize the funding for educational programs,
10the department shall establish guidelines and procedures to
11prioritize the availability of educational and vocational
12training for inmates based upon the goal of facilitating an
13inmate’s successful release from the correctional institution.
   14b.  The director of the department of corrections may
15transfer moneys from Iowa prison industries and the canteen
16operating funds established pursuant to section 904.310, for
17use in educational programs for inmates.
   18c.  Notwithstanding section 8.33, moneys appropriated in
19this subsection that remain unobligated or unexpended at the
20close of the fiscal year shall not revert but shall remain
21available to be used only for the purposes designated in this
22subsection until the close of the succeeding fiscal year.
   233.  For the development of the Iowa corrections offender
24network (ICON) data system:
..................................................  $251,000,000
   264.  For offender mental health and substance abuse
27treatment:
..................................................  $2814,033
   295.  For department-wide duties, including operations, costs,
30and miscellaneous purposes:
..................................................  $31648,947
32   Sec. 31.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
33SERVICES.
   341.  There is appropriated from the general fund of the state
35to the department of corrections for the fiscal year beginning
-27-1July 1, 2018, and ending June 30, 2019, for salaries, support,
2maintenance, and miscellaneous purposes, the following amounts,
3or so much thereof as is necessary, to be used for the purposes
4designated:
   5a.  For the first judicial district department of
6correctional services:
..................................................  $77,318,383
   8It is the intent of the general assembly that the first
9judicial district department of correctional services maintain
10the drug courts operated by the district department.
   11b.  For the second judicial district department of
12correctional services:
..................................................  $135,691,870
   14It is the intent of the general assembly that the second
15judicial district department of correctional services establish
16and maintain two drug courts to be operated by the district
17department.
   18c.  For the third judicial district department of
19correctional services:
..................................................  $203,583,979
   21d.  For the fourth judicial district department of
22correctional services:
..................................................  $232,789,961
   24e.  For the fifth judicial district department of
25correctional services, including funding for electronic
26monitoring devices for use on a statewide basis:
..................................................  $2710,428,970
   28It is the intent of the general assembly that the fifth
29judicial district department of correctional services maintain
30the drug court operated by the district department.
   31f.  For the sixth judicial district department of
32correctional services:
..................................................  $337,356,583
   34It is the intent of the general assembly that the sixth
35judicial district department of correctional services maintain
-28-1the drug court operated by the district department.
   2g.  For the seventh judicial district department of
3correctional services:
..................................................  $43,888,671
   5It is the intent of the general assembly that the seventh
6judicial district department of correctional services maintain
7the drug court operated by the district department.
   8h.  For the eighth judicial district department of
9correctional services:
..................................................  $104,042,261
   112.  Each judicial district department of correctional
12services, within the funding available, shall continue programs
13and plans established within that district to provide for
14intensive supervision, sex offender treatment, diversion of
15low-risk offenders to the least restrictive sanction available,
16job development, and expanded use of intermediate criminal
17sanctions.
   183.  Each judicial district department of correctional
19services shall provide alternatives to prison consistent with
20chapter 901B. The alternatives to prison shall ensure public
21safety while providing maximum rehabilitation to the offender.
22A judicial district department of correctional services may
23also establish a day program.
   244.  The governor’s office of drug control policy shall
25consider federal grants made to the department of corrections
26for the benefit of each of the eight judicial district
27departments of correctional services as local government
28grants, as defined pursuant to federal regulations.
   295.  The department of corrections shall continue to contract
30with a judicial district department of correctional services to
31provide for the rental of electronic monitoring equipment which
32shall be available statewide.
33   Sec. 32.  DEPARTMENT OF CORRECTIONS — REALLOCATION OF
34APPROPRIATIONS.
  Notwithstanding section 8.39, within the
35moneys appropriated in this division of this Act to the
-29-1department of corrections, the department may reallocate the
2moneys appropriated and allocated as necessary to best fulfill
3the needs of the correctional institutions, administration
4of the department, and the judicial district departments of
5correctional services. However, in addition to complying with
6the requirements of sections 904.116 and 905.8 and providing
7notice to the legislative services agency, the department
8of corrections shall also provide notice to the department
9of management, prior to the effective date of the revision
10or reallocation of an appropriation made pursuant to this
11section. The department of corrections shall not reallocate an
12appropriation or allocation for the purpose of eliminating any
13program.
14   Sec. 33.  INTENT — REPORTS.
   151.  The department of corrections in cooperation with
16townships, the Iowa cemetery associations, and other nonprofit
17or governmental entities may use inmate labor during the
18fiscal year beginning July 1, 2018, to restore or preserve
19rural cemeteries and historical landmarks. The department in
20cooperation with the counties may also use inmate labor to
21clean up roads, major water sources, and other water sources
22around the state.
   232.  On a quarterly basis the department shall provide a
24status report regarding private-sector employment to the
25legislative services agency beginning on July 1, 2018. The
26report shall include the number of offenders employed in the
27private sector, the combined number of hours worked by the
28offenders, the total amount of allowances, and the distribution
29of allowances pursuant to section 904.702, including any moneys
30deposited in the general fund of the state.
31   Sec. 34.  ELECTRONIC MONITORING REPORT.  The department of
32corrections shall submit a report on electronic monitoring to
33the general assembly, to the co-chairpersons and the ranking
34members of the joint appropriations subcommittee on the justice
35system, and to the legislative services agency by January
-30-115, 2019. The report shall specifically address the number
2of persons being electronically monitored and break down the
3number of persons being electronically monitored by offense
4committed. The report shall also include a comparison of any
5data from the prior fiscal year with the current year.
6   Sec. 35.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
   71.  As used in this section, unless the context otherwise
8requires, “state agency” means the government of the state
9of Iowa, including but not limited to all executive branch
10departments, agencies, boards, bureaus, and commissions, the
11judicial branch, the general assembly and all legislative
12agencies, institutions within the purview of the state board of
13regents, and any corporation whose primary function is to act
14as an instrumentality of the state.
   152.  State agencies are encouraged to purchase products from
16Iowa state industries, as defined in section 904.802, when
17purchases are required and the products are available from
18Iowa state industries. State agencies shall obtain bids from
19Iowa state industries for purchases of office furniture during
20the fiscal year beginning July 1, 2018, exceeding $5,000 or
21in accordance with applicable administrative rules related to
22purchases for the agency.
23   Sec. 36.  IOWA LAW ENFORCEMENT ACADEMY.
   241.  There is appropriated from the general fund of the
25state to the Iowa law enforcement academy for the fiscal year
26beginning July 1, 2018, and ending June 30, 2019, the following
27amount, or so much thereof as is necessary, to be used for the
28purposes designated:
   29For salaries, support, maintenance, and miscellaneous
30purposes, including jailer training and technical assistance,
31and for not more than the following full-time equivalent
32positions:
..................................................  $33477,378
...............................................  FTEs3425.00
   35The Iowa law enforcement academy may temporarily exceed and
-31-1draw more than the amount appropriated in this subsection and
2incur a negative cash balance as long as there are receivables
3equal to or greater than the negative balance and the amount
4appropriated in this subsection is not exceeded at the close
5of the fiscal year.
   62.  The Iowa law enforcement academy may select at least
7five automobiles of the department of public safety, division
8of state patrol, prior to turning over the automobiles to
9the department of administrative services to be disposed
10of by public auction, and the Iowa law enforcement academy
11may exchange any automobile owned by the academy for each
12automobile selected if the selected automobile is used in
13training law enforcement officers at the academy. However, any
14automobile exchanged by the academy shall be substituted for
15the selected vehicle of the department of public safety and
16sold by public auction with the receipts being deposited in the
17depreciation fund to the credit of the department of public
18safety, division of state patrol.
   193.  The Iowa law enforcement academy shall provide training
20for domestic abuse and human trafficking-related issues
21throughout the state. The training shall be offered at no
22cost to the attendees and the training shall not replace any
23existing domestic abuse or human trafficking training offered
24by the academy.
25   Sec. 37.  STATE PUBLIC DEFENDER.  There is appropriated from
26the general fund of the state to the office of the state public
27defender of the department of inspections and appeals for the
28fiscal year beginning July 1, 2018, and ending June 30, 2019,
29the following amounts, or so much thereof as is necessary, to
30be used for the purposes designated:
   311.  For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
..................................................  $3413,091,122
...............................................  FTEs35223.00
-32-
   12.  For payments on behalf of eligible adults and juveniles
2from the indigent defense fund, in accordance with section
3815.11:
..................................................  $416,722,224
5   Sec. 38.  BOARD OF PAROLE.  There is appropriated from the
6general fund of the state to the board of parole for the fiscal
7year beginning July 1, 2018, and ending June 30, 2019, the
8following amount, or so much thereof as is necessary, to be
9used for the purposes designated:
   10For salaries, support, maintenance, and miscellaneous
11purposes, and for not more than the following full-time
12equivalent positions:
..................................................  $13595,866
...............................................  FTEs1410.75
15   Sec. 39.  DEPARTMENT OF PUBLIC DEFENSE.
   161.  There is appropriated from the general fund of the
17state to the department of public defense, for the fiscal year
18beginning July 1, 2018, and ending June 30, 2019, the following
19amounts, or so much thereof as is necessary, to be used for the
20purposes designated:
   21For salaries, support, maintenance, and miscellaneous
22purposes, and for not more than the following full-time
23equivalent positions:
..................................................  $243,111,662
...............................................  FTEs25248.00
   262.  The department of public defense may temporarily exceed
27and draw more than the amount appropriated in this section and
28incur a negative cash balance as long as there are receivables
29of federal funds equal to or greater than the negative balance
30and the amount appropriated in this section is not exceeded at
31the close of the fiscal year.
32   Sec. 40.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
33MANAGEMENT.
   341.  There is appropriated from the general fund of the state
35to the department of homeland security and emergency management
-33-1for the fiscal year beginning July 1, 2018, and ending June
230, 2019, the following amounts, or so much thereof as is
3necessary, to be used for the purposes designated:
   4For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
..................................................  $71,060,964
...............................................  FTEs833.87
   92.  The department of homeland security and emergency
10management may temporarily exceed and draw more than the amount
11appropriated in this section and incur a negative cash balance
12as long as there are receivables of federal funds equal to or
13greater than the negative balance and the amount appropriated
14in this section is not exceeded at the close of the fiscal
15year.
16   Sec. 41.  DEPARTMENT OF PUBLIC SAFETY.  There is appropriated
17from the general fund of the state to the department of public
18safety for the fiscal year beginning July 1, 2018, and ending
19June 30, 2019, the following amounts, or so much thereof as is
20necessary, to be used for the purposes designated:
   211.  For the department’s administrative functions, including
22the criminal justice information system, and for not more than
23the following full-time equivalent positions:
..................................................  $242,071,566
...............................................  FTEs2537.00
   262.  For the division of criminal investigation, including
27the state’s contribution to the peace officers’ retirement,
28accident, and disability system provided in chapter 97A in the
29amount of the state’s normal contribution rate, as defined in
30section 97A.8, multiplied by the salaries for which the moneys
31are appropriated, to meet federal fund matching requirements,
32and for not more than the following full-time equivalent
33positions:
..................................................  $346,795,272
...............................................  FTEs35160.00
-34-
   1The division of criminal investigation may employ two of
2the three additional full-time equivalent positions authorized
3pursuant to this subsection that are in excess of the number
4of full-time equivalent positions authorized for the previous
5fiscal year only if the division of criminal investigation
6receives sufficient federal moneys to maintain employment for
7the additional 2.00 full-time equivalent positions during the
8current fiscal year. The division of criminal investigation
9shall only employ the additional 2.00 full-time equivalent
10positions in succeeding fiscal years if sufficient federal
11moneys are received during each of those succeeding fiscal
12years.
   133.  For the criminalistics laboratory fund created in
14section 691.9:
..................................................  $15151,173
   164.  a.  For the division of narcotics enforcement, including
17the state’s contribution to the peace officers’ retirement,
18accident, and disability system provided in chapter 97A in the
19amount of the state’s normal contribution rate, as defined in
20section 97A.8, multiplied by the salaries for which the moneys
21are appropriated, to meet federal fund matching requirements,
22and for not more than the following full-time equivalent
23positions:
..................................................  $243,726,650
...............................................  FTEs2566.50
   26The division of narcotics enforcement may employ an
27additional 1.00 full-time equivalent position authorized
28pursuant to this lettered paragraph that is in excess of
29the number of full-time equivalent positions authorized for
30the previous fiscal year only if the division of narcotics
31enforcement receives sufficient federal moneys to maintain
32employment for the additional full-time equivalent position
33during the current fiscal year. The division of narcotics
34enforcement shall only employ the additional full-time
35equivalent position in succeeding fiscal years if sufficient
-35-1federal moneys are received during each of those succeeding
2fiscal years.
   3b.  For the division of narcotics enforcement for undercover
4purchases:
..................................................  $554,521
   65.  For the division of state fire marshal, for fire
7protection services as provided through the state fire service
8and emergency response council as created in the department,
9and for the state’s contribution to the peace officers’
10retirement, accident, and disability system provided in chapter
1197A in the amount of the state’s normal contribution rate,
12as defined in section 97A.8, multiplied by the salaries for
13which the moneys are appropriated, and for not more than the
14following full-time equivalent positions:
..................................................  $152,343,357
...............................................  FTEs1653.00
   176.  For the division of state patrol, for salaries, support,
18maintenance, workers’ compensation costs, and miscellaneous
19purposes, including the state’s contribution to the peace
20officers’ retirement, accident, and disability system provided
21in chapter 97A in the amount of the state’s normal contribution
22rate, as defined in section 97A.8, multiplied by the salaries
23for which the moneys are appropriated, and for not more than
24the following full-time equivalent positions:
..................................................  $2530,683,170
...............................................  FTEs26511.40
   27It is the intent of the general assembly that members of the
28state patrol be assigned to patrol the highways and roads in
29lieu of assignments for inspecting school buses for the school
30districts.
   317.  For deposit in the sick leave benefits fund established
32under section 80.42 for all departmental employees eligible to
33receive benefits for accrued sick leave under the collective
34bargaining agreement:
..................................................  $35139,759
-36-
   18.  For costs associated with the training and equipment
2needs of volunteer fire fighters:
..................................................  $3412,760
   4a.  Notwithstanding section 8.33, moneys appropriated in
5this subsection that remain unencumbered or unobligated at the
6close of the fiscal year shall not revert but shall remain
7available for expenditure only for the purpose designated in
8this subsection until the close of the succeeding fiscal year.
   9b.  Notwithstanding section 8.39, the department of public
10safety may reallocate moneys appropriated in this section
11as necessary to best fulfill the needs provided for in the
12appropriation. However, the department shall not reallocate
13moneys appropriated to the department in this section unless
14notice of the reallocation is given to the legislative services
15agency and the department of management prior to the effective
16date of the reallocation. The notice shall include information
17regarding the rationale for reallocating the moneys. The
18department shall not reallocate moneys appropriated in this
19section for the purpose of eliminating any program.
   209.  For the public safety interoperable and broadband
21communications fund established in section 80.44:
..................................................  $2257,831
   2310.  For the office to combat human trafficking established
24pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter
251077, section 1, including salaries, support, maintenance,
26miscellaneous purposes, and for not more than the following
27full-time equivalent positions:
..................................................  $2875,000
...............................................  FTEs292.00
   3011.  For department-wide duties, including operations,
31costs, and miscellaneous purposes:
..................................................  $32917,487
33   Sec. 42.  GAMING ENFORCEMENT.
   341.  There is appropriated from the gaming enforcement
35revolving fund created in section 80.43 to the department of
-37-1public safety for the fiscal year beginning July 1, 2018, and
2ending June 30, 2019, the following amount, or so much thereof
3as is necessary, to be used for the purposes designated:
   4For any direct support costs for agents and officers of
5the division of criminal investigation’s excursion gambling
6boat, gambling structure, and racetrack enclosure enforcement
7activities, including salaries, support, maintenance, and
8miscellaneous purposes, and for not more than the following
9full-time equivalent positions:
..................................................  $104,872,636
...............................................  FTEs1173.00
   122.  For each additional license to conduct gambling games on
13an excursion gambling boat, gambling structure, or racetrack
14enclosure issued during the fiscal year beginning July 1, 2018,
15there is appropriated from the gaming enforcement fund to the
16department of public safety for the fiscal year beginning July
171, 2018, and ending June 30, 2019, an additional amount of not
18more than $300,000 to be used for not more than 3.00 additional
19full-time equivalent positions.
   203.  The department of public safety, with the approval of the
21department of management, may employ no more than three special
22agents for each additional riverboat or gambling structure
23regulated after July 1, 2018, and three special agents for
24each racing facility which becomes operational during the
25fiscal year which begins July 1, 2018. Positions authorized
26in this subsection are in addition to the full-time equivalent
27positions otherwise authorized in this section.
28   Sec. 43.  CIVIL RIGHTS COMMISSION.
   291.  There is appropriated from the general fund of the state
30to the Iowa state civil rights commission for the fiscal year
31beginning July 1, 2018, and ending June 30, 2019, the following
32amount, or so much thereof as is necessary, to be used for the
33purposes designated:
   34For salaries, support, maintenance, and miscellaneous
35purposes, and for not more than the following full-time
-38-1equivalent positions:
..................................................  $2578,531
...............................................  FTEs330.00
   42.  The Iowa state civil rights commission may enter into
5a contract with a nonprofit organization to provide legal
6assistance to resolve civil rights complaints.
7   Sec. 44.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
   81.  There is appropriated from the general fund of the state
9to the criminal and juvenile justice planning division of the
10department of human rights for the fiscal year beginning July
111, 2018, and ending June 30, 2019, the following amount or
12so much thereof as is necessary, to be used for the purposes
13designated:
   14For salaries, support, maintenance, and miscellaneous
15purposes, and for not more than the following full-time
16equivalent positions:
..................................................  $17593,917
...............................................  FTEs189.56
   192.  The criminal and juvenile justice planning advisory
20council and the juvenile justice advisory council shall
21coordinate their efforts in carrying out their respective
22duties relative to juvenile justice.
23   Sec. 45.  DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
24MANAGEMENT.
  There is appropriated from the E911 emergency
25communications fund created in section 34A.7A to the department
26of homeland security and emergency management for the fiscal
27year beginning July 1, 2018, and ending June 30, 2019, the
28following amount, or so much thereof as is necessary, to be
29used for the purposes designated:
   30For implementation, support, and maintenance of the
31functions of the administrator and program manager under
32chapter 34A and to employ the auditor of the state to perform
33an annual audit of the E911 emergency communications fund:
..................................................  $34125,000
jm/rn/jh