Bill Text: IA SF2322 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to appropriations to the justice system. (Formerly SSB 3186.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-04-22 - Withdrawn. S.J. 773. [SF2322 Detail]
Download: Iowa-2015-SF2322-Introduced.html
Senate File 2322 - Introduced SENATE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3186) A BILL FOR 1 An Act relating to appropriations to the justice system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5015SV (1) 86 jm/rn PAG LIN 1 1 Section 1. 2015 Iowa Acts, chapter 135, section 23, is 1 2 amended to read as follows: 1 3 SEC. 23. DEPARTMENT OF JUSTICE. 1 4 1. There is appropriated from the general fund of the state 1 5 to the department of justice for the fiscal year beginning July 1 6 1, 2016, and ending June 30, 2017, the following amounts, or 1 7 so much thereof as is necessary, to be used for the purposes 1 8 designated: 1 9 a. For the general office of attorney general for salaries, 1 10 support, maintenance, and miscellaneous purposes, including 1 11 the prosecuting attorneys training program, matching funds 1 12 for federal violence against women grant programs, victim 1 13 assistance grants, office of drug control policy prosecuting 1 14 attorney program, and odometer fraud enforcement, and for not 1 15 more than the following full=time equivalent positions: 1 16 .................................................. $3,994,9531 17 7,989,905 1 18 ............................................... FTEs214.001 19 215.00 1 20 As a condition of receiving the appropriation provided 1 21 in this lettered paragraph, the department of justice shall 1 22 maintain a record of the estimated time incurred representing 1 23 each agency or department. 1 24 b. For victim assistance grants: 1 25 .................................................. $3,367,2001 26 6,734,400 1 27 The moneys appropriated in this lettered paragraph shall be 1 28 used to provide grants to care providers providing services to 1 29 crime victims of domestic abuse or to crime victims of rape and 1 30 sexual assault. 1 31 The balance of the victim compensation fund established 1 32 in section 915.94 may be used to provide salary and support 1 33 of not more than2429.00 FTEs and to provide maintenance 1 34 for the victim compensation functions of the department of 1 35 justice. Of the FTEs authorized pursuant to this paragraph, 2 1 5.00 FTEs shall be used by the department of justice to employ 2 2 one accountant and four program planners. The department of 2 3 justice may employ the additional five FTEs authorized pursuant 2 4 to this lettered paragraph that are in excess of the number 2 5 of FTEs authorized for the previous fiscal year only if the 2 6 department of justice receives sufficient federal moneys to 2 7 maintain employment for the additional FTEs during the current 2 8 fiscal year. The department of justice shall only employ the 2 9 additional five FTEs in succeeding fiscal years if sufficient 2 10 federal moneys are received during each of those succeeding 2 11 fiscal years. 2 12 The department of justice shall transfer at least $150,000 2 13 from the victim compensation fund established in section 915.94 2 14 to the victim assistance grant program. 2 15 Notwithstanding section 8.33, moneys appropriated in this 2 16 paragraph "b" that remain unencumbered or unobligated at the 2 17 close of the fiscal year shall not revert but shall remain 2 18 available for expenditure for the purposes designated until the 2 19 close of the succeeding fiscal year. 2 20 c. For legal services for persons in poverty grants as 2 21 provided in section 13.34: 2 22 .................................................. $1,200,0002 23 2,400,000 2 24 2. a. The department of justice, in submitting budget 2 25 estimates for the fiscal year commencing July 1, 2017, pursuant 2 26 to section 8.23, shall include a report of funding from sources 2 27 other than amounts appropriated directly from the general fund 2 28 of the state to the department of justice or to the office of 2 29 consumer advocate. These funding sources shall include but 2 30 are not limited to reimbursements from other state agencies, 2 31 commissions, boards, or similar entities, and reimbursements 2 32 from special funds or internal accounts within the department 2 33 of justice. The department of justice shall also report actual 2 34 reimbursements for the fiscal year commencing July 1, 2015, 2 35 and actual and expected reimbursements for the fiscal year 3 1 commencing July 1, 2016. 3 2 b. The department of justice shall include the report 3 3 required under paragraph "a", as well as information regarding 3 4 any revisions occurring as a result of reimbursements actually 3 5 received or expected at a later date, in a report to the 3 6 co=chairpersons and ranking members of the joint appropriations 3 7 subcommittee on the justice system and the legislative services 3 8 agency. The department of justice shall submit the report on 3 9 or before January 15, 2017. 3 10 3. a. The department of justice shall reimburse the 3 11 costs and necessary related expenses incurred by the Iowa 3 12 law enforcement academy to employ one additional instructor 3 13 position who shall provide training for domestic abuse and 3 14 human trafficking=related issues throughout the state. 3 15 b. The department of justice shall obtain the moneys 3 16 necessary to reimburse the Iowa law enforcement academy to 3 17 employ such an instructor from unrestricted moneys from either 3 18 the victim compensation fund established in section 915.94, the 3 19 human trafficking victim fund established in section 915.95, or 3 20 the human trafficking enforcement fund established in 2015 Iowa 3 21 Acts, ch. 138, {141. 3 22 Sec. 2. 2015 Iowa Acts, chapter 135, section 24, is amended 3 23 to read as follows: 3 24 SEC. 24. OFFICE OF CONSUMER ADVOCATE. There is appropriated 3 25 from the department of commerce revolving fund created in 3 26 section 546.12 to the office of consumer advocate of the 3 27 department of justice for the fiscal year beginning July 1, 3 28 2016, and ending June 30, 2017, the following amount, or so 3 29 much thereof as is necessary, to be used for the purposes 3 30 designated: 3 31 For salaries, support, maintenance, and miscellaneous 3 32 purposes, and for not more than the following full=time 3 33 equivalent positions: 3 34 .................................................. $1,568,7943 35 3,137,588 4 1 ............................................... FTEs 22.00 4 2 Sec. 3. 2015 Iowa Acts, chapter 135, section 25, is amended 4 3 to read as follows: 4 4 SEC. 25. DEPARTMENT OF CORRECTIONS ==== FACILITIES. 4 5 1. There is appropriated from the general fund of the state 4 6 to the department of corrections for the fiscal year beginning 4 7 July 1, 2016, and ending June 30, 2017, the following amounts, 4 8 or so much thereof as is necessary, to be used for the purposes 4 9 designated: 4 10 a. For the operation of the Fort Madison correctional 4 11 facility, including salaries, support, maintenance, and 4 12 miscellaneous purposes: 4 13 .................................................. $21,885,8014 14 43,771,602 4 15 b. For the operation of the Anamosa correctional facility, 4 16 including salaries, support, maintenance, and miscellaneous 4 17 purposes: 4 18 .................................................. $16,834,1274 19 33,668,253 4 20 It is the intent of the general assembly that the department 4 21 of corrections maintain and operate the Luster Heights prison 4 22 camp. 4 23 c. For the operation of the Oakdale correctional facility, 4 24 including salaries, support, maintenance, and miscellaneous 4 25 purposes: 4 26 .................................................. $30,079,0464 27 60,158,092 4 28 d. For the operation of the Newton correctional facility, 4 29 including salaries, support, maintenance, and miscellaneous 4 30 purposes: 4 31 .................................................. $13,786,0544 32 27,974,048 4 33 e. For the operation of the Mount Pleasant correctional 4 34 facility, including salaries, support, maintenance, and 4 35 miscellaneous purposes: 5 1 .................................................. $12,680,0675 2 24,958,195 5 3 f. For the operation of the Rockwell City correctional 5 4 facility, including salaries, support, maintenance, and 5 5 miscellaneous purposes: 5 6 .................................................. $4,918,1775 7 9,836,353 5 8 g. For the operation of the Clarinda correctional facility, 5 9 including salaries, support, maintenance, and miscellaneous 5 10 purposes: 5 11 .................................................. $12,966,7155 12 25,933,430 5 13 Moneys received by the department of corrections as 5 14 reimbursement for services provided to the Clarinda youth 5 15 corporation are appropriated to the department and shall be 5 16 used for the purpose of operating the Clarinda correctional 5 17 facility. 5 18 h. For the operation of the Mitchellville correctional 5 19 facility, including salaries, support, maintenance, and 5 20 miscellaneous purposes: 5 21 .................................................. $11,322,9855 22 22,645,970 5 23 i. For the operation of the Fort Dodge correctional 5 24 facility, including salaries, support, maintenance, and 5 25 miscellaneous purposes: 5 26 .................................................. $15,048,8245 27 30,097,648 5 28 j. For reimbursement of counties for temporary confinement 5 29 of work release and parole violators, as provided in sections 5 30 901.7, 904.908, and 906.17, and for offenders confined pursuant 5 31 to section 904.513: 5 32 .................................................. $537,5465 33 1,075,092 5 34 k. For federal prison reimbursement, reimbursements for 5 35 out=of=state placements, and miscellaneous contracts: 6 1 .................................................. $242,2056 2 484,411 6 3 2. The department of corrections shall use moneys 6 4 appropriated in subsection 1 to continue to contract for the 6 5 services of a Muslim imam and a Native American spiritual 6 6 leader. 6 7 Sec. 4. 2015 Iowa Acts, chapter 135, section 26, is amended 6 8 to read as follows: 6 9 SEC. 26. DEPARTMENT OF CORRECTIONS ==== ADMINISTRATION. 6 10 There is appropriated from the general fund of the state to the 6 11 department of corrections for the fiscal year beginning July 6 12 1, 2016, and ending June 30, 2017, the following amounts, or 6 13 so much thereof as is necessary, to be used for the purposes 6 14 designated: 6 15 1. For general administration, including salaries, support, 6 16 maintenance, employment of an education director to administer 6 17 a centralized education program for the correctional system, 6 18 and miscellaneous purposes: 6 19 .................................................. $2,635,0056 20 5,270,010 6 21 a. It is the intent of the general assembly that each 6 22 lease negotiated by the department of corrections with a 6 23 private corporation for the purpose of providing private 6 24 industry employment of inmates in a correctional institution 6 25 shall prohibit the private corporation from utilizing inmate 6 26 labor for partisan political purposes for any person seeking 6 27 election to public office in this state and that a violation 6 28 of this requirement shall result in a termination of the lease 6 29 agreement. 6 30 b. It is the intent of the general assembly that as a 6 31 condition of receiving the appropriation provided in this 6 32 subsection the department of corrections shall not enter into 6 33 a lease or contractual agreement pursuant to section 904.809 6 34 with a private corporation for the use of building space for 6 35 the purpose of providing inmate employment without providing 7 1 that the terms of the lease or contract establish safeguards to 7 2 restrict, to the greatest extent feasible, access by inmates 7 3 working for the private corporation to personal identifying 7 4 information of citizens. 7 5 2. For educational programs for inmates at state penal 7 6 institutions: 7 7 .................................................. $1,304,0557 8 2,608,109 7 9 a. To maximize the funding for educational programs, 7 10 the department shall establish guidelines and procedures to 7 11 prioritize the availability of educational and vocational 7 12 training for inmates based upon the goal of facilitating an 7 13 inmate's successful release from the correctional institution. 7 14 b. The director of the department of corrections may 7 15 transfer moneys from Iowa prison industries and the canteen 7 16 operating funds established pursuant to section 904.310, for 7 17 use in educational programs for inmates. 7 18 c. Notwithstanding section 8.33, moneys appropriated in 7 19 this subsection that remain unobligated or unexpended at the 7 20 close of the fiscal year shall not revert but shall remain 7 21 available to be used only for the purposes designated in this 7 22 subsection until the close of the succeeding fiscal year. 7 23 3. For the development of the Iowa corrections offender 7 24 network (ICON) data system: 7 25 .................................................. $1,000,0007 26 2,000,000 7 27 4. For offender mental health and substance abuse 7 28 treatment: 7 29 .................................................. $11,1597 30 22,319 7 31 4A. For department=wide duties, including operations, 7 32 costs, and miscellaneous purposes: 7 33 .................................................. $ 3,407,808 7 34 5. It is the intent of the general assembly that for 7 35 the fiscal year addressed by this section the department of 8 1 corrections shall continue to operate the correctional farms 8 2 under the control of the department at the same or greater 8 3 level of participation and involvement as existed as of January 8 4 1, 2011; shall not enter into any rental agreement or contract 8 5 concerning any farmland under the control of the department 8 6 that is not subject to a rental agreement or contract as of 8 7 January 1, 2011, without prior legislative approval; and 8 8 shall further attempt to provide job opportunities at the 8 9 farms for inmates. The department shall attempt to provide 8 10 job opportunities at the farms for inmates by encouraging 8 11 labor=intensive farming or gardening where appropriate; using 8 12 inmates to grow produce and meat for institutional consumption; 8 13 researching the possibility of instituting food canning 8 14 and cook=and=chill operations; and exploring opportunities 8 15 for organic farming and gardening, livestock ventures, 8 16 horticulture, and specialized crops. 8 17 Sec. 5. 2015 Iowa Acts, chapter 135, section 27, is amended 8 18 to read as follows: 8 19 SEC. 27. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 8 20 SERVICES. 8 21 1. There is appropriated from the general fund of the state 8 22 to the department of corrections for the fiscal year beginning 8 23 July 1, 2016, and ending June 30, 2017, for salaries, support, 8 24 maintenance, and miscellaneous purposes, the following amounts, 8 25 or so much thereof as is necessary, to be used for the purposes 8 26 designated: 8 27 a. For the first judicial district department of 8 28 correctional services: 8 29 .................................................. $7,393,9888 30 14,787,977 8 31 b. For the second judicial district department of 8 32 correctional services: 8 33 .................................................. $5,750,3318 34 11,500,661 8 35 c. For the third judicial district department of 9 1 correctional services: 9 2 .................................................. $3,620,6289 3 7,241,257 9 4 d. For the fourth judicial district department of 9 5 correctional services: 9 6 .................................................. $2,819,0039 7 5,638,005 9 8 e. For the fifth judicial district department of 9 9 correctional services, including funding for electronic 9 10 monitoring devices for use on a statewide basis: 9 11 .................................................. $10,539,1969 12 21,078,393 9 13 f. For the sixth judicial district department of 9 14 correctional services: 9 15 .................................................. $7,431,8129 16 14,863,623 9 17 g. For the seventh judicial district department of 9 18 correctional services: 9 19 .................................................. $3,928,4369 20 7,856,873 9 21 h. For the eighth judicial district department of 9 22 correctional services: 9 23 .................................................. $4,083,5979 24 8,167,194 9 25 2. Each judicial district department of correctional 9 26 services, within the funding available, shall continue programs 9 27 and plans established within that district to provide for 9 28 intensive supervision, sex offender treatment, diversion of 9 29 low=risk offenders to the least restrictive sanction available, 9 30 job development, and expanded use of intermediate criminal 9 31 sanctions. 9 32 3. Each judicial district department of correctional 9 33 services shall provide alternatives to prison consistent with 9 34 chapter 901B. The alternatives to prison shall ensure public 9 35 safety while providing maximum rehabilitation to the offender. 10 1 A judicial district department of correctional services may 10 2 also establish a day program. 10 3 4. The governor's office of drug control policy shall 10 4 consider federal grants made to the department of corrections 10 5 for the benefit of each of the eight judicial district 10 6 departments of correctional services as local government 10 7 grants, as defined pursuant to federal regulations. 10 8 5. The department of corrections shall continue to contract 10 9 with a judicial district department of correctional services to 10 10 provide for the rental of electronic monitoring equipment which 10 11 shall be available statewide. 10 12 Sec. 6. 2015 Iowa Acts, chapter 135, section 32, is amended 10 13 to read as follows: 10 14 SEC. 32. IOWA LAW ENFORCEMENT ACADEMY. 10 15 1. There is appropriated from the general fund of the 10 16 state to the Iowa law enforcement academy for the fiscal year 10 17 beginning July 1, 2016, and ending June 30, 2017, the following 10 18 amount, or so much thereof as is necessary, to be used for the 10 19 purposes designated: 10 20 For salaries, support, maintenance, and miscellaneous 10 21 purposes, including jailer training and technical assistance, 10 22 and for not more than the following full=time equivalent 10 23 positions: 10 24 .................................................. $501,60710 25 1,003,214 10 26 ............................................... FTEs24.0010 27 25.00 10 28 It is the intent of the general assembly that the Iowa law 10 29 enforcement academy may provide training of state and local 10 30 law enforcement personnel concerning the recognition of and 10 31 response to persons with Alzheimer's disease. 10 32 The Iowa law enforcement academy may temporarily exceed and 10 33 draw more than the amount appropriated in this subsection and 10 34 incur a negative cash balance as long as there are receivables 10 35 equal to or greater than the negative balance and the amount 11 1 appropriated in this subsection is not exceeded at the close 11 2 of the fiscal year. 11 3 2. The Iowa law enforcement academy may select at least 11 4 five automobiles of the department of public safety, division 11 5 of state patrol, prior to turning over the automobiles to 11 6 the department of administrative services to be disposed 11 7 of by public auction, and the Iowa law enforcement academy 11 8 may exchange any automobile owned by the academy for each 11 9 automobile selected if the selected automobile is used in 11 10 training law enforcement officers at the academy. However, any 11 11 automobile exchanged by the academy shall be substituted for 11 12 the selected vehicle of the department of public safety and 11 13 sold by public auction with the receipts being deposited in the 11 14 depreciation fund to the credit of the department of public 11 15 safety, division of state patrol. 11 16 3. The Iowa law enforcement academy shall provide training 11 17 for domestic abuse and human trafficking=related issues 11 18 throughout the state. The training shall be offered at no 11 19 cost to the attendees and the training shall not replace any 11 20 existing domestic abuse or human trafficking training offered 11 21 by the academy. 11 22 Sec. 7. 2015 Iowa Acts, chapter 135, section 33, is amended 11 23 to read as follows: 11 24 SEC. 33. STATE PUBLIC DEFENDER. There is appropriated from 11 25 the general fund of the state to the office of the state public 11 26 defender of the department of inspections and appeals for the 11 27 fiscal year beginning July 1, 2016, and ending June 30, 2017, 11 28 the following amounts, or so much thereof as is necessary, to 11 29 be used for the purposes designated: 11 30 1. For salaries, support, maintenance, and miscellaneous 11 31 purposes, and for not more than the following full=time 11 32 equivalent positions: 11 33 .................................................. $13,016,12111 34 26,182,243 11 35 ............................................... FTEs 223.00 12 1 2. For payments on behalf of eligible adults and juveniles 12 2 from the indigent defense fund, in accordance with section 12 3 815.11: 12 4 .................................................. $14,875,96512 5 29,601,929 12 6 Sec. 8. 2015 Iowa Acts, chapter 135, section 34, is amended 12 7 to read as follows: 12 8 SEC. 34. BOARD OF PAROLE. There is appropriated from the 12 9 general fund of the state to the board of parole for the fiscal 12 10 year beginning July 1, 2016, and ending June 30, 2017, the 12 11 following amount, or so much thereof as is necessary, to be 12 12 used for the purposes designated: 12 13 For salaries, support, maintenance, and miscellaneous 12 14 purposes, and for not more than the following full=time 12 15 equivalent positions: 12 16 .................................................. $602,29112 17 1,204,583 12 18 ............................................... FTEs 10.75 12 19 Sec. 9. 2015 Iowa Acts, chapter 135, section 35, is amended 12 20 to read as follows: 12 21 SEC. 35. DEPARTMENT OF PUBLIC DEFENSE. 12 22 1. There is appropriated from the general fund of the 12 23 state to the department of public defense, for the fiscal year 12 24 beginning July 1, 2016, and ending June 30, 2017, the following 12 25 amounts, or so much thereof as is necessary, to be used for the 12 26 purposes designated: 12 27 For salaries, support, maintenance, and miscellaneous 12 28 purposes, and for not more than the following full=time 12 29 equivalent positions: 12 30 .................................................. $3,277,23912 31 6,554,478 12 32 ............................................... FTEs 277.50 12 33 2. The department of public defense may temporarily exceed 12 34 and draw more than the amount appropriated in this section and 12 35 incur a negative cash balance as long as there are receivables 13 1 of federal funds equal to or greater than the negative balance 13 2 and the amount appropriated in this section is not exceeded at 13 3 the close of the fiscal year. 13 4 Sec. 10. 2015 Iowa Acts, chapter 135, section 36, is amended 13 5 to read as follows: 13 6 SEC. 36. THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 13 7 MANAGEMENT. 13 8 1. There is appropriated from the general fund of the state 13 9 to the department of homeland security and emergency management 13 10 for the fiscal year beginning July 1, 2016, and ending June 13 11 30, 2017, the following amounts, or so much thereof as is 13 12 necessary, to be used for the purposes designated: 13 13 For salaries, support, maintenance, and miscellaneous 13 14 purposes, and for not more than the following full=time 13 15 equivalent positions: 13 16 .................................................. $1,114,81213 17 2,229,623 13 18 ............................................... FTEs 35.95 13 19 2. The department of homeland security and emergency 13 20 management may temporarily exceed and draw more than the amount 13 21 appropriated in this section and incur a negative cash balance 13 22 as long as there are receivables of federal funds equal to or 13 23 greater than the negative balance and the amount appropriated 13 24 in this section is not exceeded at the close of the fiscal 13 25 year. 13 26 3. It is the intent of the general assembly that the 13 27 department of homeland security and emergency management work 13 28 in conjunction with the department of public safety, to the 13 29 extent possible, when gathering and analyzing information 13 30 related to potential domestic or foreign security threats, and 13 31 when monitoring such threats. 13 32 Sec. 11. 2015 Iowa Acts, chapter 135, section 37, is amended 13 33 to read as follows: 13 34 SEC. 37. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 13 35 from the general fund of the state to the department of public 14 1 safety for the fiscal year beginning July 1, 2016, and ending 14 2 June 30, 2017, the following amounts, or so much thereof as is 14 3 necessary, to be used for the purposes designated: 14 4 1. For the department's administrative functions, including 14 5 the criminal justice information system, and for not more than 14 6 the following full=time equivalent positions: 14 7 .................................................. $2,113,06514 8 4,226,131 14 9 ............................................... FTEs 38.00 14 10 2. For the division of criminal investigation, including 14 11 the state's contribution to the peace officers' retirement, 14 12 accident, and disability system provided in chapter 97A in the 14 13 amount of the state's normal contribution rate, as defined in 14 14 section 97A.8, multiplied by the salaries for which the moneys 14 15 are appropriated, to meet federal fund matching requirements, 14 16 and for not more than the following full=time equivalent 14 17 positions: 14 18 .................................................. $6,898,27214 19 13,796,544 14 20 ............................................... FTEs159.0014 21 162.00 14 22 The division of criminal investigation may employ two of 14 23 the three additional FTEs authorized pursuant to this lettered 14 24 paragraph that are in excess of the number of FTEs authorized 14 25 for the previous fiscal year only if the division of criminal 14 26 investigation receives sufficient federal moneys to maintain 14 27 employment for the additional two FTEs during the current 14 28 fiscal year. The division of criminal investigation shall only 14 29 employ the additional two FTEs in succeeding fiscal years if 14 30 sufficient federal moneys are received during each of those 14 31 succeeding fiscal years. 14 32 3. For the criminalistics laboratory fund created in 14 33 section 691.9: 14 34 .................................................. $151,17314 35 302,345 15 1 4. a. For the division of narcotics enforcement, including 15 2 the state's contribution to the peace officers' retirement, 15 3 accident, and disability system provided in chapter 97A in the 15 4 amount of the state's normal contribution rate, as defined in 15 5 section 97A.8, multiplied by the salaries for which the moneys 15 6 are appropriated, to meet federal fund matching requirements, 15 7 and for not more than the following full=time equivalent 15 8 positions: 15 9 .................................................. $3,695,51915 10 7,391,039 15 11 ............................................... FTEs65.5015 12 66.50 15 13 The division of narcotics enforcement may employ the 15 14 additional one FTE authorized pursuant to this lettered 15 15 paragraph that is in excess of the number of FTEs authorized 15 16 for the previous fiscal year only if the division of narcotics 15 17 enforcement receives sufficient federal moneys to maintain 15 18 employment for the additional FTE during the current fiscal 15 19 year. The division of narcotics enforcement shall only employ 15 20 the additional one FTE in succeeding fiscal years if sufficient 15 21 federal moneys are received during each of those succeeding 15 22 fiscal years. 15 23 b. For the division of narcotics enforcement for undercover 15 24 purchases: 15 25 .................................................. $54,52115 26 109,042 15 27 5. For the division of state fire marshal, for fire 15 28 protection services as provided through the state fire service 15 29 and emergency response council as created in the department, 15 30 and for the state's contribution to the peace officers' 15 31 retirement, accident, and disability system provided in chapter 15 32 97A in the amount of the state's normal contribution rate, 15 33 as defined in section 97A.8, multiplied by the salaries for 15 34 which the moneys are appropriated, and for not more than the 15 35 following full=time equivalent positions: 16 1 .................................................. $2,325,50516 2 4,651,010 16 3 ............................................... FTEs 53.00 16 4 6. For the division of state patrol, for salaries, support, 16 5 maintenance, workers' compensation costs, and miscellaneous 16 6 purposes, including the state's contribution to the peace 16 7 officers' retirement, accident, and disability system provided 16 8 in chapter 97A in the amount of the state's normal contribution 16 9 rate, as defined in section 97A.8, multiplied by the salaries 16 10 for which the moneys are appropriated, and for not more than 16 11 the following full=time equivalent positions: 16 12 .................................................. $30,750,78816 13 61,501,575 16 14 ............................................... FTEs 512.00 16 15 It is the intent of the general assembly that the division of 16 16 state patrol implement the endangered persons advisory alert 16 17 system. 16 18 It is the intent of the general assembly that members of the 16 19 state patrol be assigned to patrol the highways and roads in 16 20 lieu of assignments for inspecting school buses for the school 16 21 districts. 16 22 7. For deposit in the sick leave benefits fund established 16 23 under section 80.42 for all departmental employees eligible to 16 24 receive benefits for accrued sick leave under the collective 16 25 bargaining agreement: 16 26 .................................................. $139,75916 27 279,517 16 28 8. For costs associated with the training and equipment 16 29 needs of volunteer fire fighters: 16 30 .................................................. $412,76016 31 825,520 16 32 a. Notwithstanding section 8.33, moneys appropriated in 16 33 this subsection that remain unencumbered or unobligated at the 16 34 close of the fiscal year shall not revert but shall remain 16 35 available for expenditure only for the purpose designated in 17 1 this subsection until the close of the succeeding fiscal year. 17 2 b. Notwithstanding section 8.39, the department of public 17 3 safety may reallocate moneys appropriated in this section 17 4 as necessary to best fulfill the needs provided for in the 17 5 appropriation. However, the department shall not reallocate 17 6 moneys appropriated to the department in this section unless 17 7 notice of the reallocation is given to the legislative services 17 8 agency and the department of management prior to the effective 17 9 date of the reallocation. The notice shall include information 17 10 regarding the rationale for reallocating the moneys. The 17 11 department shall not reallocate moneys appropriated in this 17 12 section for the purpose of eliminating any program. 17 13 9. For the public safety interoperable and broadband 17 14 communications fund established in section 80.44: 17 15 .................................................. $77,33017 16 154,661 17 17 10. For department=wide duties, including operations, 17 18 costs, and miscellaneous purposes: 17 19 .................................................. $ 1,834,973 17 20 Sec. 12. 2015 Iowa Acts, chapter 135, section 38, is amended 17 21 to read as follows: 17 22 SEC. 38. GAMING ENFORCEMENT. 17 23 1. There is appropriated from the gaming enforcement 17 24 revolving fund created in section 80.43 to the department of 17 25 public safety for the fiscal year beginning July 1, 2016, and 17 26 ending June 30, 2017, the following amount, or so much thereof 17 27 as is necessary, to be used for the purposes designated: 17 28 For any direct support costs for agents and officers of 17 29 the division of criminal investigation's excursion gambling 17 30 boat, gambling structure, and racetrack enclosure enforcement 17 31 activities, including salaries, support, maintenance, and 17 32 miscellaneous purposes, and for not more than the following 17 33 full=time equivalent positions: 17 34 .................................................. $5,449,00417 35 9,528,227 18 1 ............................................... FTEs102.0018 2 72.00 18 3 2. For each additional license to conduct gambling games on 18 4 an excursion gambling boat, gambling structure, or racetrack 18 5 enclosure issued during the fiscal year beginning July 1, 2016, 18 6 there is appropriated from the gaming enforcement fund to the 18 7 department of public safety for the fiscal year beginning July 18 8 1, 2016, and ending June 30, 2017, an additional amount of not 18 9 more than $300,000 to be used for not more than 3 additional 18 10 full=time equivalent positions. 18 11 3. The department of public safety, with the approval of the 18 12 department of management, may employ no more than three special 18 13 agents for each additional riverboat or gambling structure 18 14 regulated after July 1, 2016, and three special agents for 18 15 each racing facility which becomes operational during the 18 16 fiscal year which begins July 1, 2016. Positions authorized 18 17 in this subsection are in addition to the full=time equivalent 18 18 positions otherwise authorized in this section. 18 19 Sec. 13. 2015 Iowa Acts, chapter 135, section 39, is amended 18 20 to read as follows: 18 21 SEC. 39. CIVIL RIGHTS COMMISSION. 18 22 1. There is appropriated from the general fund of the state 18 23 to the Iowa state civil rights commission for the fiscal year 18 24 beginning July 1, 2016, and ending June 30, 2017, the following 18 25 amount, or so much thereof as is necessary, to be used for the 18 26 purposes designated: 18 27 For salaries, support, maintenance, and miscellaneous 18 28 purposes, and for not more than the following full=time 18 29 equivalent positions: 18 30 .................................................. $584,77018 31 1,169,540 18 32 ............................................... FTEs 28.00 18 33 2. The Iowa state civil rights commission may enter into 18 34 a contract with a nonprofit organization to provide legal 18 35 assistance to resolve civil rights complaints. 19 1 Sec. 14. 2015 Iowa Acts, chapter 135, section 40, is amended 19 2 to read as follows: 19 3 SEC. 40. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 19 4 1. There is appropriated from the general fund of the state 19 5 to the criminal and juvenile justice planning division of the 19 6 department of human rights for the fiscal year beginning July 19 7 1, 2016, and ending June 30, 2017, the following amounts, or 19 8 so much thereof as is necessary, to be used for the purposes 19 9 designated: 19 10 For salaries, support, maintenance, and miscellaneous 19 11 purposes, and for not more than the following full=time 19 12 equivalent positions: 19 13 .................................................. $630,05319 14 1,260,105 19 15 ............................................... FTEs 12.15 19 16 2. The criminal and juvenile justice planning advisory 19 17 council and the juvenile justice advisory council shall 19 18 coordinate their efforts in carrying out their respective 19 19 duties relative to juvenile justice. 19 20 Sec. 15. Section 915.94, Code 2016, is amended to read as 19 21 follows: 19 22 915.94 Victim compensation fund. 19 23 A victim compensation fund is established as a separate 19 24 fund in the state treasury. Moneys deposited in the fund 19 25 shall be administered by the department and dedicated to and 19 26 used for the purposes of section 915.41 and this subchapter. 19 27 In addition, the department may use moneys from the fund 19 28 for the purpose of the department's prosecutor=based victim 19 29 service coordination, including the duties defined in sections 19 30 910.3 and 910.6 and this chapter,andfor the award of funds 19 31 to programs that provide services and support to victims of 19 32 domestic abuse or sexual assault as provided in chapter 236, 19 33 to victims under section 710A.2, for reimbursement to the 19 34 Iowa law enforcement academy for domestic abuse and human 19 35 trafficking training, and for the support of an automated 20 1 victim notification system established in section 915.10A. 20 2 For each fiscal year, the department may also use up to three 20 3 hundred thousand dollars from the fund to provide training 20 4 for victim service providers, to provide training for related 20 5 professionals concerning victim service programming, and 20 6 to provide training concerning homicide, domestic assault, 20 7 sexual assault, stalking, harassment, and human trafficking as 20 8 required by section 710A.6. Notwithstanding section 8.33, any 20 9 balance in the fund on June 30 of any fiscal year shall not 20 10 revert to the general fund of the state. 20 11 Sec. 16. Section 915.95, Code 2016, is amended to read as 20 12 follows: 20 13 915.95 Human trafficking victim fund. 20 14 A fund is created as a separate fund in the state treasury. 20 15 Moneys deposited in the fund shall be administered by the 20 16 department and dedicated to and used for awarding moneys to 20 17 programs that provide services and support to victims of human 20 18 trafficking under section 710A.2, including public outreach and 20 19 awareness programs and service provider training programs, and 20 20 for reimbursing the Iowa law enforcement academy for domestic 20 21 abuse and human trafficking training. Notwithstanding section 20 22 8.33, any balance in the fund on June 30 of any fiscal year 20 23 shall not revert to the general fund of the state. 20 24 Sec. 17. 2014 Iowa Acts, chapter 1138, section 21, is 20 25 amended to read as follows: 20 26 SEC. 21. CONSUMER EDUCATION AND LITIGATION 20 27 FUND. Notwithstanding section 714.16C, for each fiscal 20 28 year of the period beginning July 1, 2014, and ending June 20 29 30,20162018, the annual appropriations in section 714.16C, 20 30 are increased from $1,125,000 to $1,875,000, and $75,000 to 20 31 $125,000 respectively. 20 32 Sec. 18. 2015 Iowa Acts, chapter 135, section 41, is amended 20 33 to read as follows: 20 34 SEC. 41. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 20 35 MANAGEMENT. There is appropriated from the E911 emergency 21 1 communications fund created in section 34A.7A to the department 21 2 of homeland security and emergency management for the fiscal 21 3 year beginning July 1, 2016, and ending June 30, 2017, the 21 4 following amount, or so much thereof as is necessary, to be 21 5 used for the purposes designated: 21 6 For implementation, support, and maintenance of the 21 7 functions of the administrator and program manager under 21 8 chapter 34A and to employ the auditor of the state to perform 21 9 an annual audit of the E911 emergency communications fund: 21 10 .................................................. $125,00021 11 250,000 21 12 Sec. 19. 2015 Iowa Acts, chapter 138, section 141, is 21 13 amended to read as follows: 21 14 SEC. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human 21 15 trafficking enforcement fund is established, separate and apart 21 16 from all other public moneys or funds of the state, under 21 17 the control of the department of justice. The department 21 18 of justice shall deposit unencumbered or unobligated moneys 21 19 transferred from the mortgage servicing settlement fund 21 20 into the fund. Moneys in the fund are appropriated to the 21 21 department of justice, and after consultation with the 21 22 commissioner of public safety and the director of the Iowa 21 23 law enforcement academy the moneys shall be used for purposes 21 24 of training local law enforcement, members of the state 21 25 patrol, county attorneys, judicial officers, juvenile court 21 26 officers, and public safety answering point personnel about 21 27 recognizing and reporting incidents of human trafficking, and 21 28 for reimbursing the Iowa law enforcement academy for domestic 21 29 abuse and human trafficking training. Any moneys remaining in 21 30 the fund on June 30, 2020, shall be transferred to the general 21 31 fund of the state. 21 32 Sec. 20. STATE PUBLIC DEFENDER PILOT PROJECT ==== ATTORNEY 21 33 CHOICE ==== EMERGENCY RULES. 21 34 1. Notwithstanding any other provision of the law to the 21 35 contrary, for each fiscal year for the period beginning July 1, 22 1 2016, and ending June 30, 2019, the state public defender may 22 2 establish a pilot project allowing an indigent person to choose 22 3 an eligible attorney to represent the person in the person's 22 4 case that requires such representation. The state public 22 5 defender shall have sole discretion to establish the pilot 22 6 project in no more than four counties throughout the state. 22 7 The state public defender may coordinate with other agencies 22 8 and organizations in order to seek grant funding and to measure 22 9 the results of the pilot project. 22 10 2. The state public defender may adopt emergency rules under 22 11 section 17A.4, subsection 3, and section 17A.5, subsection 2, 22 12 paragraph "b", to implement the provisions of this Act and 22 13 the rules shall be effective immediately upon filing unless 22 14 a later date is specified in the rules. Any rules adopted 22 15 in accordance with this section shall also be published as a 22 16 notice of intended action as provided in section 17A.4. 22 17 EXPLANATION 22 18 The inclusion of this explanation does not constitute agreement with 22 19 the explanation's substance by the members of the general assembly. 22 20 This bill relates to appropriations from the general fund 22 21 of the state for fiscal year 2016=2017 to the departments 22 22 of justice, corrections, public defense, public safety, and 22 23 homeland security and emergency management, and the Iowa law 22 24 enforcement academy, office of the state public defender, board 22 25 of parole, Iowa state civil rights commission, and the criminal 22 26 and juvenile justice planning division of the department of 22 27 human rights. 22 28 The bill adds 5.00 full=time equivalent positions within the 22 29 department of justice to administer victim assistance grants. 22 30 The bill requires the new FTE positions to be an accountant and 22 31 four program planners. The bill specifies that the department 22 32 of justice may employ the additional five full=time equivalent 22 33 positions only if the department of justice receives sufficient 22 34 federal moneys to maintain employment for the additional 22 35 full=time equivalent positions during the current fiscal year 23 1 and succeeding fiscal years. The department of justice shall 23 2 only employ the additional five full=time equivalent positions 23 3 in succeeding fiscal years if sufficient federal moneys are 23 4 received during each of those succeeding fiscal years. 23 5 The bill requires the department of justice to reimburse 23 6 the costs and necessary related expenses incurred by the Iowa 23 7 law enforcement academy to employ one additional instructor 23 8 position who shall provide training for domestic abuse and 23 9 human trafficking=related issues throughout the state. The 23 10 bill specifies that the department of justice shall obtain the 23 11 moneys necessary to reimburse the Iowa law enforcement academy 23 12 to employ such an instructor from unrestricted moneys from 23 13 either the victim compensation fund, the human trafficking 23 14 victim fund, or the human trafficking enforcement fund. The 23 15 bill further specifies that the training provided by the 23 16 Iowa law enforcement academy shall be offered at no cost to 23 17 the attendees and the training for domestic abuse or human 23 18 trafficking shall not replace any existing training offered by 23 19 the academy. 23 20 The bill makes additional appropriations to the department 23 21 of public safety and the department of corrections for 23 22 department=wide duties. 23 23 The bill appropriates moneys from the department of commerce 23 24 revolving fund to the office of consumer advocate of the 23 25 department of justice for fiscal year 2016=2017. 23 26 The bill adds 3.00 full=time equivalent positions within 23 27 the division of criminal investigation. The bill specifies 23 28 that the division of criminal investigation may employ two of 23 29 the three additional FTEs only if the department of justice 23 30 receives sufficient federal moneys to maintain employment 23 31 for the additional two FTEs during the current fiscal year. 23 32 The division of criminal investigation shall only employ the 23 33 additional two full=time equivalent positions in succeeding 23 34 fiscal years if sufficient federal moneys are received during 23 35 each of those succeeding fiscal years. 24 1 The bill specifies that the division of narcotics 24 2 enforcement may employ one additional full=time equivalent 24 3 position only if the division of narcotics enforcement receives 24 4 sufficient federal moneys to maintain employment for the 24 5 additional full=time equivalent position during the current 24 6 fiscal year and succeeding fiscal years. The division of 24 7 narcotics enforcement shall only employ the additional one 24 8 full=time equivalent in succeeding fiscal years if sufficient 24 9 federal moneys are received during each of those succeeding 24 10 fiscal years. 24 11 The bill also appropriates moneys from the gaming 24 12 enforcement revolving fund to the department of public safety 24 13 for fiscal year 2016=2017. 24 14 The bill amends Code section 915.94 to allow funds in the 24 15 victim compensation fund to be used to reimburse the Iowa law 24 16 enforcement academy for domestic abuse and human trafficking 24 17 training. 24 18 The bill amends Code section 915.95 to allow funds in the 24 19 human trafficking victim fund to be used to reimburse the 24 20 Iowa law enforcement academy for domestic abuse and human 24 21 trafficking training. 24 22 The bill extends the fiscal period for increasing the 24 23 appropriations from the consumer education and litigation fund 24 24 in Code section 714.16C to June 30, 2018. Under current law 24 25 the increased appropriations from the consumer education and 24 26 litigation fund expire on June 30, 2016. 24 27 The bill appropriates moneys from the wireless E911 24 28 emergency communications fund to the department of homeland 24 29 security and emergency management for fiscal year 2016=2017. 24 30 The bill amends 2015 Iowa Acts, ch. 138, section 141, 24 31 to allow funds in the human trafficking fund to be used to 24 32 reimburse the Iowa law enforcement academy for domestic abuse 24 33 and human trafficking training. The bill also requires the 24 34 department of justice to consult with the commissioner of the 24 35 department of public safety and the director of the Iowa law 25 1 enforcement academy prior to using the funds in the human 25 2 trafficking fund. 25 3 The bill permits the state public defender to establish 25 4 a pilot project beginning FY 2016=2017 through FY 2018=2019 25 5 that allows an indigent person to choose an eligible attorney 25 6 to represent the person in the person's case that requires 25 7 such representation. The bill specifies that the state 25 8 public defender shall have sole discretion to establish the 25 9 pilot project in no more than four counties throughout the 25 10 state. The bill also allows the state public defender to adopt 25 11 emergency rules to implement the pilot project. LSB 5015SV (1) 86 jm/rn
