Bill Text: IA SF509 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to appropriations to the justice system. (Formerly SSB 1193.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-05-12 - NOBA: Graybook [SF509 Detail]
Download: Iowa-2017-SF509-Enrolled.html
Senate File 509 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1193)
\5
A BILL FOR
\1
Senate File 509
AN ACT
RELATING TO APPROPRIATIONS TO THE JUSTICE SYSTEM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2017=2018
APPROPRIATIONS
Section 1. DEPARTMENT OF JUSTICE.
1. There is appropriated from the general fund of the state
to the department of justice for the fiscal year beginning July
1, 2017, and ending June 30, 2018, 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:
.................................................. $ 6,672,307
............................................... 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:
.................................................. $ 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:
.................................................. $ 2,304,601
2. a. The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2018, 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, 2018.
3. a. The department of justice shall reimburse the
costs and necessary related expenses incurred by the Iowa
law enforcement academy 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.
Sec. 2. CONSUMER EDUCATION AND LITIGATION ==== FARM
MEDIATION. 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, 2017, and ending June 30, 2018, the following amount, or
so much thereof as is necessary, to be used for the purposes
designated:
For farm mediation services as specified in section 13.13,
subsection 2:
.................................................. $ 300,000
Sec. 3. 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,
2017, and ending June 30, 2018, 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:
.................................................. $ 3,137,588
............................................... FTEs 22.00
Sec. 4. 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, 2017, and ending June 30, 2018, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 42,719,050
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 32,827,163
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 59,491,533
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 27,661,220
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 24,676,413
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 9,720,458
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 25,085,406
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:
.................................................. $ 22,394,090
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 29,766,995
j. For reimbursement of counties for temporary confinement
of prisoners, as provided in sections 901.7, 904.908, and
906.17, and for offenders confined pursuant to section 904.513:
.................................................. $ 1,575,092
k. For federal prison reimbursement, reimbursements for
out=of=state placements, and miscellaneous contracts:
.................................................. $ 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. 5. 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, 2017, and ending June 30, 2018, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. For general administration, including salaries, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $ 5,153,905
a. It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
b. It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards to
restrict, to the greatest extent feasible, access by inmates
working for the private corporation to personal identifying
information of citizens.
2. For educational programs for inmates at state penal
institutions:
.................................................. $ 2,608,109
a. To maximize the funding for educational programs,
the department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate's successful release from the correctional institution.
b. The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
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:
.................................................. $ 2,000,000
4. For offender mental health and substance abuse
treatment:
.................................................. $ 28,065
5. For department=wide duties, including operations, costs,
and miscellaneous purposes:
.................................................. $ 1,297,894
Sec. 6. 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, 2017, and ending June 30, 2018, 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:
.................................................. $ 14,636,766
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:
.................................................. $ 11,383,739
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:
.................................................. $ 7,167,957
d. For the fourth judicial district department of
correctional services:
.................................................. $ 5,579,922
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $ 20,857,940
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:
.................................................. $ 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:
.................................................. $ 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:
.................................................. $ 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.
Sec. 7. DEPARTMENT OF CORRECTIONS ==== REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within the
moneys appropriated in this division of this Act to the
department of corrections, the department may reallocate the
moneys appropriated and allocated as necessary to best fulfill
the needs of the correctional institutions, administration
of the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department of corrections shall not reallocate an
appropriation or allocation for the purpose of eliminating any
program.
Sec. 8. INTENT ==== REPORTS.
1. The department of corrections in cooperation with
townships, the Iowa cemetery associations, and other nonprofit
or governmental entities may use inmate labor during the
fiscal year beginning July 1, 2017, to restore or preserve
rural cemeteries and historical landmarks. The department in
cooperation with the counties may also use inmate labor to
clean up roads, major water sources, and other water sources
around the state.
2. On a quarterly basis the department shall provide a
status report regarding private=sector employment to the
legislative services agency beginning on July 1, 2017. The
report shall include the number of offenders employed in the
private sector, the combined number of hours worked by the
offenders, the total amount of allowances, and the distribution
of allowances pursuant to section 904.702, including any moneys
deposited in the general fund of the state.
Sec. 9. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring to
the general assembly, to the co=chairpersons and the ranking
members of the joint appropriations subcommittee on the justice
system, and to the legislative services agency by January
15, 2018. The report shall specifically address the number
of persons being electronically monitored and break down the
number of persons being electronically monitored by offense
committed. The report shall also include a comparison of any
data from the prior fiscal year with the current year.
Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, "state agency" means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are encouraged to purchase products from
Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from
Iowa state industries. State agencies shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2017, exceeding $5,000 or
in accordance with applicable administrative rules related to
purchases for the agency.
Sec. 11. 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, 2017, and ending June 30, 2018, 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:
.................................................. $ 954,756
............................................... FTEs 25.00
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. 12. 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, 2017, and ending June 30, 2018,
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:
.................................................. $ 26,182,243
............................................... FTEs 223.00
2. For payments on behalf of eligible adults and juveniles
from the indigent defense fund, in accordance with section
815.11:
.................................................. $ 33,444,448
Sec. 13. 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, 2017, and ending June 30, 2018, 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:
.................................................. $ 1,191,731
............................................... FTEs 10.75
Sec. 14. 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, 2017, and ending June 30, 2018, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 6,223,324
............................................... 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. 15. 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, 2017, and ending June
30, 2018, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 2,121,927
............................................... 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. 16. 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, 2017, and ending
June 30, 2018, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For the department's administrative functions, including
the criminal justice information system, and for not more than
the following full=time equivalent positions:
.................................................. $ 4,143,131
............................................... 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:
.................................................. $ 13,590,544
............................................... FTEs 160.00
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:
.................................................. $ 302,345
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:
.................................................. $ 7,453,300
............................................... 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:
.................................................. $ 109,042
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:
.................................................. $ 4,686,714
............................................... FTEs 53.00
6. For the division of state patrol, for salaries, support,
maintenance, workers' compensation costs, and miscellaneous
purposes, including the state's contribution to the peace
officers' retirement, accident, and disability system provided
in chapter 97A in the amount of the state's normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the moneys are appropriated, and for not more than
the following full=time equivalent positions:
.................................................. $ 61,366,340
............................................... 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:
.................................................. $ 279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $ 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:
.................................................. $ 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:
.................................................. $ 150,000
............................................... FTEs 2.00
11. For department=wide duties, including operations,
costs, and miscellaneous purposes:
.................................................. $ 1,834,973
Sec. 17. 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, 2017, and
ending June 30, 2018, 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:
.................................................. $ 10,841,272
............................................... 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, 2017,
there is appropriated from the gaming enforcement fund to the
department of public safety for the fiscal year beginning July
1, 2017, and ending June 30, 2018, 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, 2017, and three special agents for
each racing facility which becomes operational during the
fiscal year which begins July 1, 2017. Positions authorized
in this subsection are in addition to the full=time equivalent
positions otherwise authorized in this section.
Sec. 18. 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, 2017, and ending June 30, 2018, 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:
.................................................. $ 1,157,062
............................................... 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. 19. 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, 2017, and ending June 30, 2018, 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:
.................................................. $ 1,187,833
............................................... 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. 20. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT. There is appropriated from the E911 emergency
communications fund created in section 34A.7A to the department
of homeland security and emergency management for the fiscal
year beginning July 1, 2017, and ending June 30, 2018, 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 emergency communications fund:
.................................................. $ 250,000
DIVISION II
MISCELLANEOUS CHANGES
Sec. 21. Section 35A.13, subsection 6, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. n. Expenses related to survivor outreach
activities supported by the department of public defense
established in section 29.1.
Sec. 22. NEW SECTION. 80B.19 Academy internal training fund
clearing account.
1. Activities of the academy shall be accounted for within
the general fund of the state, except the academy may establish
and maintain an internal training clearing fund in accordance
with generally accepted accounting principles, as defined in
section 8.57, subsection 4, for activities of the academy
which are primarily from billings to governmental entities for
services rendered by the academy.
2. Internal training funds in the internal training
clearing fund shall be administered by the academy and shall
consist of moneys collected by the academy from billings issued
in accordance with chapter 80B, and any other moneys obtained
or accepted by the academy, including but not limited to gifts,
loans, donations, grants, and contributions, which are obtained
or designated to support the activities of the academy.
3. The proceeds of an internal training clearing fund
established pursuant to this section shall be used by the
academy and expended through the appropriated account of the
academy for the operations of the academy consistent with this
chapter. However, this usage requirement shall not limit or
restrict the academy from using proceeds from gifts, loans,
donations, grants, and contributions in conformance with any
conditions, directions, limitations, or instructions attached
or related thereto.
4. Section 8.33 does not apply to any moneys in the internal
training clearing fund established pursuant to this section.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys deposited in the fund shall be credited to
the fund.
Sec. 23. Section 805.6, subsection 4, paragraphs a, b, and
c, Code 2017, are amended to read as follows:
a. If the offense is one to which an assessment of a minimum
fine is applicable and the entry is otherwise not prohibited
by this section, an amount equal to one and one=half times the
minimum fine and applicable surcharge assessed pursuant to
chapter 911, plus court costs.
b. If the offense is one to which a scheduled fine is
applicable, an amount equal to one and one=half times the
scheduled fine and applicable surcharge assessed pursuant to
chapter 911, plus court costs.
c. If the violation is for any offense for which a court
appearance is mandatory, and an assessment of a minimum fine
is not applicable, the amount of one hundred dollars and
applicable surcharge assessed pursuant to chapter 911, plus
court costs.
Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as
amended by 2016 Iowa Acts, chapter 1137, section 18, is amended
to read as follows:
SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND.
Notwithstanding section 714.16C, for each fiscal year of the
period beginning July 1, 2014, and ending June 30, 2018 2019,
the annual appropriations in section 714.16C, are increased
from $1,125,000 to $1,875,000, and $75,000 to $125,000
respectively.
Sec. 25. CONSUMER EDUCATION AND LITIGATION FUND ==
CRIMINAL PROSECUTION, CRIMINAL APPEALS, AND STATE TORT
CLAIMS. Notwithstanding section 714.16C, for the fiscal
year beginning July 1, 2017, and ending June 30, 2018,
not more than one million dollars is appropriated from the
consumer education and litigation fund established in section
714.16C, to the department of justice to be used for salaries,
support, maintenance, and miscellaneous purposes for criminal
prosecutions, criminal appeals, and performing duties pursuant
to Code chapter 669.
Sec. 26. REPEAL. Sections 904.203, 904.204, 904.205, and
904.206, Code 2017, are repealed.
DIVISION III
FY 2018=2019
APPROPRIATIONS
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
............................................... 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
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. 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 reimburse the
costs and necessary related expenses incurred by the Iowa
law enforcement academy 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.
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
............................................... FTEs 22.00
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
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 16,413,582
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 29,745,767
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 13,830,610
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 12,338,207
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 4,860,229
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 12,542,703
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
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 14,883,498
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
k. For federal prison reimbursement, reimbursements for
out=of=state placements, and miscellaneous contracts:
.................................................. $ 242,206
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. 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, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
.................................................. $ 2,576,953
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
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
4. For offender mental health and substance abuse
treatment:
.................................................. $ 14,033
5. For department=wide duties, including operations, costs,
and miscellaneous purposes:
.................................................. $ 648,947
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
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
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
d. For the fourth judicial district department of
correctional services:
.................................................. $ 2,789,961
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
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
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
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
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.
Sec. 32. DEPARTMENT OF CORRECTIONS ==== REALLOCATION OF
APPROPRIATIONS. Notwithstanding section 8.39, within the
moneys appropriated in this division of this Act to the
department of corrections, the department may reallocate the
moneys appropriated and allocated as necessary to best fulfill
the needs of the correctional institutions, administration
of the department, and the judicial district departments of
correctional services. However, in addition to complying with
the requirements of sections 904.116 and 905.8 and providing
notice to the legislative services agency, the department
of corrections shall also provide notice to the department
of management, prior to the effective date of the revision
or reallocation of an appropriation made pursuant to this
section. The department of corrections shall not reallocate an
appropriation or allocation for the purpose of eliminating any
program.
Sec. 33. INTENT ==== REPORTS.
1. The department of corrections in cooperation with
townships, the Iowa cemetery associations, and other nonprofit
or governmental entities may use inmate labor during the
fiscal year beginning July 1, 2018, to restore or preserve
rural cemeteries and historical landmarks. The department in
cooperation with the counties may also use inmate labor to
clean up roads, major water sources, and other water sources
around the state.
2. On a quarterly basis the department shall provide a
status report regarding private=sector employment to the
legislative services agency beginning on July 1, 2018. The
report shall include the number of offenders employed in the
private sector, the combined number of hours worked by the
offenders, the total amount of allowances, and the distribution
of allowances pursuant to section 904.702, including any moneys
deposited in the general fund of the state.
Sec. 34. ELECTRONIC MONITORING REPORT. The department of
corrections shall submit a report on electronic monitoring to
the general assembly, to the co=chairpersons and the ranking
members of the joint appropriations subcommittee on the justice
system, and to the legislative services agency by January
15, 2019. The report shall specifically address the number
of persons being electronically monitored and break down the
number of persons being electronically monitored by offense
committed. The report shall also include a comparison of any
data from the prior fiscal year with the current year.
Sec. 35. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
1. As used in this section, unless the context otherwise
requires, "state agency" means the government of the state
of Iowa, including but not limited to all executive branch
departments, agencies, boards, bureaus, and commissions, the
judicial branch, the general assembly and all legislative
agencies, institutions within the purview of the state board of
regents, and any corporation whose primary function is to act
as an instrumentality of the state.
2. State agencies are encouraged to purchase products from
Iowa state industries, as defined in section 904.802, when
purchases are required and the products are available from
Iowa state industries. State agencies shall obtain bids from
Iowa state industries for purchases of office furniture during
the fiscal year beginning July 1, 2018, exceeding $5,000 or
in accordance with applicable administrative rules related to
purchases for the agency.
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
............................................... FTEs 25.00
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. 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
............................................... 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
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
............................................... FTEs 10.75
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
............................................... 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. 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
............................................... 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. 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
the criminal justice information system, and for not more than
the following full=time equivalent positions:
.................................................. $ 2,071,566
............................................... 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
............................................... FTEs 160.00
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
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
............................................... 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
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
............................................... FTEs 53.00
6. For the division of state patrol, for salaries, support,
maintenance, workers' compensation costs, and miscellaneous
purposes, including the state's contribution to the peace
officers' retirement, accident, and disability system provided
in chapter 97A in the amount of the state's normal contribution
rate, as defined in section 97A.8, multiplied by the salaries
for which the moneys are appropriated, and for not more than
the following full=time equivalent positions:
.................................................. $ 30,683,170
............................................... 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
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $ 412,760
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
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
............................................... FTEs 2.00
11. For department=wide duties, including operations,
costs, and miscellaneous purposes:
.................................................. $ 917,487
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
............................................... 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. 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
............................................... 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. 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
............................................... 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. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT. There is appropriated from the E911 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 emergency communications fund:
.................................................. $ 125,000
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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