Bill Text: IA HF2492 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to appropriations to the justice system, providing penalties, and including effective date provisions. (Formerly HSB 694.) Item vetoed 6-1-18. Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-06-01 - NOBA: Graybook [HF2492 Detail]
Download: Iowa-2017-HF2492-Enrolled.html
House File 2492 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HSB 694)
\5
A BILL FOR
\1
House File 2492
AN ACT
RELATING TO APPROPRIATIONS TO THE JUSTICE SYSTEM,
PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2018=2019 APPROPRIATIONS
Section 1. 2017 Iowa Acts, chapter 167, section 27, is
amended to read as follows:
SEC. 27. 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, 2018, and ending June 30, 2019, 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:
.................................................. $ 3,336,154
5,911,705
............................................... FTEs 215.00
As a condition of receiving the appropriation provided
in this lettered paragraph, the department of justice shall
maintain a record of the estimated time incurred representing
each agency or department.
b. For victim assistance grants:
.................................................. $ 2,508,354
5,016,708
The moneys appropriated in this lettered paragraph shall be
used to provide grants to care providers providing services to
crime victims of domestic abuse or to crime victims of rape and
sexual assault.
The balance of the victim compensation fund established
in section 915.94 may be used to provide salary and support
of not more than 24.00 full=time equivalent positions and to
provide maintenance for the victim compensation functions
of the department of justice. In addition to the full=time
equivalent positions authorized pursuant to this paragraph,
5.00 full=time equivalent positions are authorized and shall
be used by the department of justice to employ one accountant
and four program planners. The department of justice may
employ the additional 5.00 full=time equivalent positions
authorized pursuant to this paragraph that are in excess of the
number of full=time equivalent positions authorized only if
the department of justice receives sufficient federal moneys
to maintain employment for the additional full=time equivalent
positions during the current fiscal year. The department
of justice shall only employ the additional 5.00 full=time
equivalent positions in succeeding fiscal years if sufficient
federal moneys are received during each of those succeeding
fiscal years.
The department of justice shall transfer at least $150,000
from the victim compensation fund established in section 915.94
to the victim assistance grant program.
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:
.................................................. $ 1,152,301
2,304,601
2. a. The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2019, 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, 2017,
and actual and expected reimbursements for the fiscal year
commencing July 1, 2018.
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, 2019.
3. a. The department of justice shall fully reimburse
the costs and necessary related expenses incurred by the Iowa
law enforcement academy to continue to employ one additional
instructor position who shall provide training for domestic
abuse and human trafficking=related issues throughout the
state.
b. The department of justice shall obtain the moneys
necessary to reimburse the Iowa law enforcement academy to
employ such an instructor from unrestricted moneys from either
the victim compensation fund established in section 915.94, the
human trafficking victim fund established in section 915.95, or
the human trafficking enforcement fund established in 2015 Iowa
Acts, chapter 138, section 141.
4. The department of justice shall be subject to an
agreed=upon procedures engagement performed by the auditor of
state to identify sources and uses of discretionary funds of
the department, including but not limited to legal settlement
funds controlled by the department. The auditor of state
shall complete and file the written report of the auditor's
findings and recommendations with the general assembly and
the governor's office by February 1, 2019. The department of
justice shall fully reimburse the auditor of state for the
agreed=upon procedures engagement.
Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended
to read as follows:
SEC. 28. 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,
2018, and ending June 30, 2019, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,568,794
3,137,588
............................................... FTEs 22.00
Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended
to read as follows:
SEC. 29. 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, 2018, and ending June 30, 2019, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 21,359,525
41,079,882
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 16,413,582
32,164,148
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 29,745,767
60,314,427
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 13,830,610
28,061,220
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 12,338,207
25,526,413
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 4,860,229
10,458,861
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 12,542,703
24,780,950
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 11,197,045
22,594,090
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 14,883,498
29,660,231
j. For reimbursement of counties for temporary confinement
of prisoners, as provided in sections 901.7, 904.908, and
906.17, and for offenders confined pursuant to section 904.513:
.................................................. $ 787,546
1,575,092
k. For federal prison reimbursement, reimbursements for
out=of=state placements, and miscellaneous contracts:
.................................................. $ 242,206
484,411
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam and a Native American spiritual
leader.
Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended
to read as follows:
SEC. 30. 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, 2018, and ending June 30, 2019, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. For general administration, including salaries and the
adjustment of salaries throughout the department, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $ 2,576,953
9,231,488
a. It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
b. It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards to
restrict, to the greatest extent feasible, access by inmates
working for the private corporation to personal identifying
information of citizens.
2. For educational programs for inmates at state penal
institutions:
.................................................. $ 1,304,055
2,608,109
a. To maximize the funding for educational programs,
the department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate's successful release from the correctional institution.
b. The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
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:
.................................................. $ 1,000,000
2,000,000
4. For offender mental health and substance abuse
treatment:
.................................................. $ 14,033
28,065
5. For department=wide duties, including operations, costs,
and miscellaneous purposes:
.................................................. $ 648,947
Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended
to read as follows:
SEC. 31. 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, 2018, and ending June 30, 2019, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the first judicial district department of
correctional services:
.................................................. $ 7,318,383
14,786,766
It 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:
.................................................. $ 5,691,870
11,433,739
It 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:
.................................................. $ 3,583,979
7,167,957
d. For the fourth judicial district department of
correctional services:
.................................................. $ 2,789,961
5,679,922
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $ 10,428,970
21,557,940
It 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:
.................................................. $ 7,356,583
14,713,165
It 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:
.................................................. $ 3,888,671
7,777,341
It 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:
.................................................. $ 4,042,261
8,084,521
2. 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.
6. The public safety assessment shall not be utilized
in pretrial hearings when determining whether to detain or
release a defendant before trial, and the use of the public
safety assessment pilot program shall be terminated as of the
effective date of this subsection, until such time the use of
the public safety assessment has been specifically authorized
by the general assembly.
Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended
to read as follows:
SEC. 36. 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, 2018, and ending June 30, 2019, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, including jailer training and technical assistance,
and for not more than the following full=time equivalent
positions:
.................................................. $ 477,378
971,341
............................................... FTEs 25.00
26.00
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.
3. The Iowa law enforcement academy shall provide training
for domestic abuse and human trafficking=related issues
throughout the state. The training shall be offered at no
cost to the attendees and the training shall not replace any
existing domestic abuse or human trafficking training offered
by the academy.
Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended
to read as follows:
SEC. 37. 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, 2018, and ending June 30, 2019,
the following amounts, or so much thereof as is necessary, to
be used for the purposes designated:
1. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 13,091,122
26,505,299
............................................... FTEs 223.00
2. For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
.................................................. $ 16,722,224
35,144,448
Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended
to read as follows:
SEC. 38. 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, 2018, and ending June 30, 2019, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 595,866
1,221,374
............................................... FTEs 10.75
Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended
to read as follows:
SEC. 39. DEPARTMENT OF PUBLIC DEFENSE.
1. There is appropriated from the general fund of the
state to the department of public defense, for the fiscal year
beginning July 1, 2018, and ending June 30, 2019, 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:
.................................................. $ 3,111,662
6,334,961
............................................... FTEs 248.00
2. The department of public defense may temporarily exceed
and draw more than the amount appropriated in this section and
incur a negative cash balance as long as there are receivables
of federal funds equal to or greater than the negative balance
and the amount appropriated in this section is not exceeded at
the close of the fiscal year.
Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended
to read as follows:
SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT.
1. There is appropriated from the general fund of the state
to the department of homeland security and emergency management
for the fiscal year beginning July 1, 2018, and ending June
30, 2019, 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:
.................................................. $ 1,060,964
2,123,610
............................................... FTEs 33.87
2. The department of homeland security and emergency
management may temporarily exceed and draw more than the amount
appropriated in this section and incur a negative cash balance
as long as there are receivables of federal funds equal to or
greater than the negative balance and the amount appropriated
in this section is not exceeded at the close of the fiscal
year.
Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended
to read as follows:
SEC. 41. 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, 2018, and ending
June 30, 2019, 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
salaries and the adjustment of salaries throughout the
department, the criminal justice information system, and for
not more than the following full=time equivalent positions:
.................................................. $ 2,071,566
4,734,703
............................................... FTEs 37.00
2. For the division of criminal investigation, including
the state's contribution to the peace officers' retirement,
accident, and disability system provided in chapter 97A in the
amount of the state's normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full=time equivalent
positions:
.................................................. $ 6,795,272
14,663,083
............................................... FTEs 160.00
163.00
a. As a condition of the appropriation in this subsection,
the division of criminal investigation shall expend up to
$200,000 to employ and additional 3.00 full=time equivalent
positions to assist in expediting the processing and analysis
of DNA samples.
b. The division of criminal investigation may employ two of
the three additional full=time equivalent positions authorized
pursuant to this subsection that are in excess of the number
of full=time equivalent positions authorized for the previous
fiscal year only if the division of criminal investigation
receives sufficient federal moneys to maintain employment for
the additional 2.00 full=time equivalent positions during the
current fiscal year. The division of criminal investigation
shall only employ the additional 2.00 full=time equivalent
positions in succeeding fiscal years if sufficient federal
moneys are received during each of those succeeding fiscal
years.
3. For the criminalistics laboratory fund created in
section 691.9:
.................................................. $ 151,173
650,000
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year.
4. a. For the division of narcotics enforcement, including
the state's contribution to the peace officers' retirement,
accident, and disability system provided in chapter 97A in the
amount of the state's normal contribution rate, as defined in
section 97A.8, multiplied by the salaries for which the moneys
are appropriated, to meet federal fund matching requirements,
and for not more than the following full=time equivalent
positions:
.................................................. $ 3,726,650
7,785,873
............................................... FTEs 66.50
The division of narcotics enforcement may employ an
additional 1.00 full=time equivalent position authorized
pursuant to this lettered paragraph that is in excess of
the number of full=time equivalent positions authorized for
the previous fiscal year only if the division of narcotics
enforcement receives sufficient federal moneys to maintain
employment for the additional full=time equivalent position
during the current fiscal year. The division of narcotics
enforcement shall only employ the additional full=time
equivalent position in succeeding fiscal years if sufficient
federal moneys are received during each of those succeeding
fiscal years.
b. For the division of narcotics enforcement for undercover
purchases:
.................................................. $ 54,521
209,042
5. For the division of state fire marshal, for fire
protection services as provided through the state fire service
and emergency response council as created in the department,
and for the state's contribution to the peace officers'
retirement, accident, and disability system provided in chapter
97A in the amount of the state's normal contribution rate,
as defined in section 97A.8, multiplied by the salaries for
which the moneys are appropriated, and for not more than the
following full=time equivalent positions:
.................................................. $ 2,343,357
4,965,056
............................................... FTEs 53.00
As a condition of receiving the appropriation in this
subsection, the commissioner of the department of public safety
shall appoint the administrator of the fire service training
bureau of the division of state fire marshal as provided in
section 100B.7.
6. For the division of state patrol, for salaries, support,
maintenance, workers' compensation costs, and miscellaneous
purposes, including the state's contribution to the peace
officers' retirement, accident, and disability system provided
in chapter 97A in the amount of the state's normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the moneys are appropriated, and for not more than
the following full=time equivalent positions:
.................................................. $ 30,683,170
63,926,287
............................................... FTEs 511.40
It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
under section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $ 139,759
279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $ 412,760
825,520
a. 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.
9. For the public safety interoperable and broadband
communications fund established in section 80.44:
.................................................. $ 57,831
115,661
10. For the office to combat human trafficking established
pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter
1077, section 1, including salaries, support, maintenance,
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 75,000
150,000
............................................... FTEs 2.00
11. For department=wide duties, including operations,
costs, and miscellaneous purposes:
.................................................. $ 917,487
Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended
to read as follows:
SEC. 42. 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, 2018, and
ending June 30, 2019, 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, and
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 4,872,636
10,239,218
............................................... FTEs 73.00
2. For each additional license to conduct gambling games on
an excursion gambling boat, gambling structure, or racetrack
enclosure issued during the fiscal year beginning July 1, 2018,
there is appropriated from the gaming enforcement fund to the
department of public safety for the fiscal year beginning July
1, 2018, and ending June 30, 2019, 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, 2018, and three special agents for
each racing facility which becomes operational during the
fiscal year which begins July 1, 2018. Positions authorized
in this subsection are in addition to the full=time equivalent
positions otherwise authorized in this section.
Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended
to read as follows:
SEC. 43. CIVIL RIGHTS COMMISSION.
1. There is appropriated from the general fund of the state
to the Iowa state civil rights commission for the fiscal year
beginning July 1, 2018, and ending June 30, 2019, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 578,531
1,198,266
............................................... FTEs 30.00
2. The Iowa state civil rights commission may enter into
a contract with a nonprofit organization to provide legal
assistance to resolve civil rights complaints.
Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended
to read as follows:
SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
1. There is appropriated from the general fund of the state
to the criminal and juvenile justice planning division of the
department of human rights for the fiscal year beginning July
1, 2018, and ending June 30, 2019, the following amount or
so much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 593,917
1,209,410
............................................... FTEs 9.56
2. The 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.
Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended
to read as follows:
SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT. There is appropriated from the E911 911 emergency
communications fund created in section 34A.7A to the department
of homeland security and emergency management for the fiscal
year beginning July 1, 2018, and ending June 30, 2019, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For implementation, support, and maintenance of the
functions of the administrator and program manager under
chapter 34A and to employ the auditor of the state to perform
an annual audit of the E911 911 emergency communications fund:
.................................................. $ 125,000
250,000
Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding
the following new section:
NEW SECTION.SEC. 46. CONSUMER EDUCATION AND
LITIGATION ==== FARM MEDIATION AND PROSECUTIONS, APPEALS, AND
CLAIMS. Notwithstanding section 714.16C, there is appropriated
from the consumer education and litigation fund to the
department of justice for the fiscal year beginning July 1,
2018, and ending June 30, 2019, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
a. For farm mediation services as specified in section
13.13, subsection 2:
.................................................. $ 300,000
b. For salaries, support, maintenance, and miscellaneous
purposes for criminal prosecutions, criminal appeals, and
performing duties pursuant to chapter 669:
.................................................. $ 1,500,000
Sec. 17. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The portion of this division of this Act amending 2017 Iowa
Acts, chapter 167, section 31, prohibiting the utilization of
the public safety assessment in pretrial hearings.
DIVISION II
ATTORNEY GENERAL REPORTS
Sec. 18. Section 13.2, subsection 1, paragraph g, Code 2018,
is amended by striking the paragraph.
DIVISION III
PUBLIC SAFETY SUPPORT TRUST FUND
Sec. 19. NEW SECTION. 80.46 Public safety support trust
fund.
1. A public safety support trust fund is established in
the state treasury under the control of the department. The
department may receive and accept donations, grants, loans, and
contributions in accordance with section 565.3 from any public
or private source for deposit into the trust fund. Moneys
credited to the trust fund are appropriated to the department
for the purpose of supporting the activities of the department.
2. Notwithstanding section 8.33, moneys in the trust fund
shall not revert. Notwithstanding section 12C.7, subsection
2, interest or earnings on moneys deposited in the trust fund
shall be credited to the trust fund.
DIVISION IV
UNMANNED AERIAL VEHICLES
Sec. 20. NEW SECTION. 719.9 Use of unmanned aerial vehicle
==== prohibitions.
1. As used in this section:
a. "Facility" means a county jail, municipal holding
facility, secure facility for the detention or custody
of juveniles, community=based correctional facility, or
institution under the management of the department of
corrections.
b. "Unmanned aerial vehicle" means a vehicle or device
that uses aerodynamic forces to achieve flight and is piloted
remotely.
2. A person shall not operate an unmanned aerial vehicle
knowing that the unmanned aerial vehicle is operating in, on,
or above a facility and any contiguous real property comprising
the surrounding grounds of the facility, unless the unmanned
aerial vehicle is operated by a law enforcement agency or the
person has permission from the authority in charge of the
facility to operate an unmanned aerial vehicle in, on, or above
such facility.
3. This section does not apply to an unmanned aerial
vehicle while operating for commercial use in compliance with
federal aviation administration regulations, authorizations,
or exemptions.
4. A person who violates this section commits a class "D"
felony.
DIVISION V
PRISON READING ROOMS
Sec. 21. Section 904.310A, Code 2018, is amended by striking
the section and inserting in lieu thereof the following:
904.310A Information or materials ==== distribution.
1. Funds appropriated to the department or other funds made
available to the department shall not be used to distribute
or make available any commercially published information or
material to an inmate when such information or material is
sexually explicit or features nudity.
2. The department shall adopt rules pursuant to chapter 17A
to administer this section.
DIVISION VI
SPECIALTY COURTS ==== STUDY
Sec. 22. SPECIALTY COURTS ==== STUDY. The judicial branch and
the department of corrections in cooperation with the division
of criminal and juvenile justice planning of the department
of human rights, and the judicial district departments of
correctional services, shall study the effectiveness and
recidivism rates of persons assigned to the specialty courts
of the judicial branch. The national center for state courts
may be utilized in order to complete the study. The judicial
branch shall file a report detailing the cost=effectiveness
of the specialty courts including any recommendations with
the general assembly and the fiscal services division of the
legislative services agency by January 15, 2019.
DIVISION VII
SMALL CLAIMS JURISDICTION
Sec. 23. Section 631.1, subsections 1, 3, 4, 5, 7, and 8,
Code 2018, are amended to read as follows:
1. The following actions or claims are small claims and
shall be commenced, heard and determined as provided in this
chapter:
a. A civil action for a money judgment where the amount in
controversy is four five thousand dollars or less for actions
commenced before July 1, 2002 2018, exclusive of interest and
costs.
b. A civil action for a money judgment where the amount in
controversy is five six thousand five hundred dollars or less
for actions commenced on or after July 1, 2002 2018, exclusive
of interest and costs.
3. The district court sitting in small claims has concurrent
jurisdiction of an action of replevin if the value of the
property claimed is four five thousand dollars or less for
actions commenced before July 1, 2002 2018, and five six
thousand five hundred dollars or less for actions commenced on
or after July 1, 2002 2018. When commenced under this chapter,
the action is a small claim for the purposes of this chapter.
4. The district court sitting in small claims has concurrent
jurisdiction of motions and orders relating to executions
against personal property, including garnishments, where the
value of the property or garnisheed money involved is four five
thousand dollars or less for actions commenced before July 1,
2002 2018, and five six thousand five hundred dollars or less
for actions commenced on or after July 1, 2002 2018.
5. The district court sitting in small claims has concurrent
jurisdiction of an action for abandonment of a manufactured or
mobile home or personal property pursuant to section 555B.3,
if no money judgment in excess of four five thousand dollars
is sought for actions commenced before July 1, 2002 2018, and
five six thousand five hundred dollars or less for actions
commenced on or after July 1, 2002 2018. If commenced under
this chapter, the action is a small claim for the purposes of
this chapter.
7. The district court sitting in small claims has concurrent
jurisdiction of an action for the collection of taxes brought
by a county treasurer pursuant to sections 445.3 and 445.4
where the amount in controversy is five thousand dollars or
less for actions commenced on or after before July 1, 2003
2018, and six thousand five hundred dollars or less for actions
commenced on or after July 1, 2018, exclusive of interest and
costs.
8. The district court sitting in small claims has concurrent
jurisdiction of motions and orders relating to releases of
judgments in whole or in part including motions and orders
under section 624.23, subsection 2, paragraph "c" and section
624.37, where the amount owing on the judgment, including
interests and costs, is five thousand dollars or less for
actions commenced before July 1, 2018, and six thousand five
hundred dollars or less for actions commenced on or after July
1, 2018.
Sec. 24. JURISDICTIONAL AMOUNT REVERSION ==== SMALL
CLAIMS. The jurisdictional amount in the section of this
division of this Act that amends section 631.1 shall revert
to five thousand dollars if a court of competent jurisdiction
declares the six thousand five hundred dollar amount
unconstitutional.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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