Bill Text: IA SSB3213 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to appropriations to the justice system.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-04-26 - NOBA: Senate Sub [SSB3213 Detail]

Download: Iowa-2017-SSB3213-Introduced.html
Senate Study Bill 3213 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON SCHNEIDER) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5032XC (9) 87 jm/rn
S.F. _____ DIVISION I 1 FY 2018-2019 APPROPRIATIONS 2 Section 1. 2017 Iowa Acts, chapter 167, section 27, is 3 amended to read as follows: 4 SEC. 27. DEPARTMENT OF JUSTICE. 5 1. There is appropriated from the general fund of the state 6 to the department of justice for the fiscal year beginning July 7 1, 2018, and ending June 30, 2019, the following amounts, or 8 so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the general office of attorney general for salaries, 11 support, maintenance, and miscellaneous purposes, including 12 the prosecuting attorneys training program, matching funds 13 for federal violence against women grant programs, victim 14 assistance grants, office of drug control policy prosecuting 15 attorney program, and odometer fraud enforcement, and for not 16 more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 18 6,392,238 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 20 As a condition of receiving the appropriation provided 21 in this lettered paragraph, the department of justice shall 22 maintain a record of the estimated time incurred representing 23 each agency or department. 24 b. For victim assistance grants: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 26 5,016,708 27 The moneys appropriated in this lettered paragraph shall be 28 used to provide grants to care providers providing services to 29 crime victims of domestic abuse or to crime victims of rape and 30 sexual assault. 31 The balance of the victim compensation fund established 32 in section 915.94 may be used to provide salary and support 33 of not more than 24.00 full-time equivalent positions and to 34 provide maintenance for the victim compensation functions 35 -1- LSB 5032XC (9) 87 jm/rn 1/ 28
S.F. _____ of the department of justice. In addition to the full-time 1 equivalent positions authorized pursuant to this paragraph, 2 5.00 full-time equivalent positions are authorized and shall 3 be used by the department of justice to employ one accountant 4 and four program planners. The department of justice may 5 employ the additional 5.00 full-time equivalent positions 6 authorized pursuant to this paragraph that are in excess of the 7 number of full-time equivalent positions authorized only if 8 the department of justice receives sufficient federal moneys 9 to maintain employment for the additional full-time equivalent 10 positions during the current fiscal year. The department 11 of justice shall only employ the additional 5.00 full-time 12 equivalent positions in succeeding fiscal years if sufficient 13 federal moneys are received during each of those succeeding 14 fiscal years. 15 The department of justice shall transfer at least $150,000 16 from the victim compensation fund established in section 915.94 17 to the victim assistance grant program. 18 Notwithstanding section 8.33 , moneys appropriated in this 19 paragraph “b” that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure for the purposes designated until the 22 close of the succeeding fiscal year. 23 c. For legal services for persons in poverty grants as 24 provided in section 13.34 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 26 2,206,199 27 2. a. The department of justice, in submitting budget 28 estimates for the fiscal year commencing July 1, 2019, pursuant 29 to section 8.23 , shall include a report of funding from sources 30 other than amounts appropriated directly from the general fund 31 of the state to the department of justice or to the office of 32 consumer advocate. These funding sources shall include but 33 are not limited to reimbursements from other state agencies, 34 commissions, boards, or similar entities, and reimbursements 35 -2- LSB 5032XC (9) 87 jm/rn 2/ 28
S.F. _____ from special funds or internal accounts within the department 1 of justice. The department of justice shall also report actual 2 reimbursements for the fiscal year commencing July 1, 2017, 3 and actual and expected reimbursements for the fiscal year 4 commencing July 1, 2018. 5 b. The department of justice shall include the report 6 required under paragraph “a”, as well as information regarding 7 any revisions occurring as a result of reimbursements actually 8 received or expected at a later date, in a report to the 9 co-chairpersons and ranking members of the joint appropriations 10 subcommittee on the justice system and the legislative services 11 agency. The department of justice shall submit the report on 12 or before January 15, 2019. 13 3. a. The department of justice shall fully reimburse 14 the costs and necessary related expenses incurred by the Iowa 15 law enforcement academy to continue to employ one additional 16 instructor position who shall provide training for domestic 17 abuse and human trafficking-related issues throughout the 18 state. 19 b. The department of justice shall obtain the moneys 20 necessary to reimburse the Iowa law enforcement academy to 21 employ such an instructor from unrestricted moneys from either 22 the victim compensation fund established in section 915.94 , the 23 human trafficking victim fund established in section 915.95 , or 24 the human trafficking enforcement fund established in 2015 Iowa 25 Acts, chapter 138, section 141 . 26 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 27 to read as follows: 28 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 29 from the department of commerce revolving fund created in 30 section 546.12 to the office of consumer advocate of the 31 department of justice for the fiscal year beginning July 1, 32 2018, and ending June 30, 2019, the following amount, or so 33 much thereof as is necessary, to be used for the purposes 34 designated: 35 -3- LSB 5032XC (9) 87 jm/rn 3/ 28
S.F. _____ For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 4 3,137,588 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 6 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 7 to read as follows: 8 SEC. 29. DEPARTMENT OF CORRECTIONS —— FACILITIES. 9 1. There is appropriated from the general fund of the state 10 to the department of corrections for the fiscal year beginning 11 July 1, 2018, and ending June 30, 2019, the following amounts, 12 or so much thereof as is necessary, to be used for the purposes 13 designated: 14 a. For the operation of the Fort Madison correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 18 40,709,469 19 b. For the operation of the Anamosa correctional facility, 20 including salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 23 31,874,128 24 c. For the operation of the Oakdale correctional facility, 25 including salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 28 60,770,579 29 d. For the operation of the Newton correctional facility, 30 including salaries, support, maintenance, and miscellaneous 31 purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 33 27,808,195 34 e. For the operation of the Mount Pleasant correctional 35 -4- LSB 5032XC (9) 87 jm/rn 4/ 28
S.F. _____ facility, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 3 25,296,244 4 f. For the operation of the Rockwell City correctional 5 facility, including salaries, support, maintenance, and 6 miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 8 10,364,555 9 g. For the operation of the Clarinda correctional facility, 10 including salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 13 24,557,503 14 Moneys received by the department of corrections as 15 reimbursement for services provided to the Clarinda youth 16 corporation are appropriated to the department and shall be 17 used for the purpose of operating the Clarinda correctional 18 facility. 19 h. For the operation of the Mitchellville correctional 20 facility, including salaries, support, maintenance, and 21 miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 23 22,390,362 24 i. For the operation of the Fort Dodge correctional 25 facility, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,883,498 28 29,392,788 29 j. For reimbursement of counties for temporary confinement 30 of prisoners, as provided in sections 901.7 , 904.908 , and 31 906.17 , and for offenders confined pursuant to section 904.513 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 33 1,575,092 34 k. For federal prison reimbursement, reimbursements for 35 -5- LSB 5032XC (9) 87 jm/rn 5/ 28
S.F. _____ out-of-state placements, and miscellaneous contracts: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 2 484,411 3 2. The department of corrections shall use moneys 4 appropriated in subsection 1 to continue to contract for the 5 services of a Muslim imam and a Native American spiritual 6 leader. 7 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 8 to read as follows: 9 SEC. 30. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 10 There is appropriated from the general fund of the state to the 11 department of corrections for the fiscal year beginning July 12 1, 2018, and ending June 30, 2019, the following amounts, or 13 so much thereof as is necessary, to be used for the purposes 14 designated: 15 1. For general administration, including salaries and the 16 adjustment of salaries throughout the department , support, 17 maintenance, employment of an education director to administer 18 a centralized education program for the correctional system, 19 and miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 21 8,446,968 22 a. It is the intent of the general assembly that each 23 lease negotiated by the department of corrections with a 24 private corporation for the purpose of providing private 25 industry employment of inmates in a correctional institution 26 shall prohibit the private corporation from utilizing inmate 27 labor for partisan political purposes for any person seeking 28 election to public office in this state and that a violation 29 of this requirement shall result in a termination of the lease 30 agreement. 31 b. It is the intent of the general assembly that as a 32 condition of receiving the appropriation provided in this 33 subsection the department of corrections shall not enter into 34 a lease or contractual agreement pursuant to section 904.809 35 -6- LSB 5032XC (9) 87 jm/rn 6/ 28
S.F. _____ with a private corporation for the use of building space for 1 the purpose of providing inmate employment without providing 2 that the terms of the lease or contract establish safeguards to 3 restrict, to the greatest extent feasible, access by inmates 4 working for the private corporation to personal identifying 5 information of citizens. 6 2. For educational programs for inmates at state penal 7 institutions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 9 2,608,109 10 a. To maximize the funding for educational programs, 11 the department shall establish guidelines and procedures to 12 prioritize the availability of educational and vocational 13 training for inmates based upon the goal of facilitating an 14 inmate’s successful release from the correctional institution. 15 b. The director of the department of corrections may 16 transfer moneys from Iowa prison industries and the canteen 17 operating funds established pursuant to section 904.310 , for 18 use in educational programs for inmates. 19 c. Notwithstanding section 8.33 , moneys appropriated in 20 this subsection that remain unobligated or unexpended at the 21 close of the fiscal year shall not revert but shall remain 22 available to be used only for the purposes designated in this 23 subsection until the close of the succeeding fiscal year. 24 3. For the development of the Iowa corrections offender 25 network (ICON) data system: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 27 2,000,000 28 4. For offender mental health and substance abuse 29 treatment: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 31 28,065 32 5. For department-wide duties, including operations, costs, 33 and miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 35 -7- LSB 5032XC (9) 87 jm/rn 7/ 28
S.F. _____ Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 1 to read as follows: 2 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 3 SERVICES. 4 1. There is appropriated from the general fund of the state 5 to the department of corrections for the fiscal year beginning 6 July 1, 2018, and ending June 30, 2019, for salaries, support, 7 maintenance, and miscellaneous purposes, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the first judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 13 14,653,435 14 It is the intent of the general assembly that the first 15 judicial district department of correctional services maintain 16 the drug courts operated by the district department. 17 b. For the second judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 20 11,330,642 21 It is the intent of the general assembly that the second 22 judicial district department of correctional services establish 23 and maintain two drug courts to be operated by the district 24 department. 25 c. For the third judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 28 7,103,324 29 d. For the fourth judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 32 5,628,707 33 e. For the fifth judicial district department of 34 correctional services, including funding for electronic 35 -8- LSB 5032XC (9) 87 jm/rn 8/ 28
S.F. _____ monitoring devices for use on a statewide basis: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 2 21,363,555 3 It is the intent of the general assembly that the fifth 4 judicial district department of correctional services maintain 5 the drug court operated by the district department. 6 f. For the sixth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 9 14,580,498 10 It is the intent of the general assembly that the sixth 11 judicial district department of correctional services maintain 12 the drug court operated by the district department. 13 g. For the seventh judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 16 7,707,214 17 It is the intent of the general assembly that the seventh 18 judicial district department of correctional services maintain 19 the drug court operated by the district department. 20 h. For the eighth judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 23 8,011,624 24 2. Each judicial district department of correctional 25 services, within the funding available, shall continue programs 26 and plans established within that district to provide for 27 intensive supervision, sex offender treatment, diversion of 28 low-risk offenders to the least restrictive sanction available, 29 job development, and expanded use of intermediate criminal 30 sanctions. 31 3. Each judicial district department of correctional 32 services shall provide alternatives to prison consistent with 33 chapter 901B . The alternatives to prison shall ensure public 34 safety while providing maximum rehabilitation to the offender. 35 -9- LSB 5032XC (9) 87 jm/rn 9/ 28
S.F. _____ A judicial district department of correctional services may 1 also establish a day program. 2 4. The governor’s office of drug control policy shall 3 consider federal grants made to the department of corrections 4 for the benefit of each of the eight judicial district 5 departments of correctional services as local government 6 grants, as defined pursuant to federal regulations. 7 5. The department of corrections shall continue to contract 8 with a judicial district department of correctional services to 9 provide for the rental of electronic monitoring equipment which 10 shall be available statewide. 11 6. Notwithstanding this section, and as a condition of 12 receiving the appropriation in this section, each judicial 13 district department of correctional services shall not expend 14 moneys appropriated in this section on the implementation, 15 development, or use of pretrial risk assessments, and shall 16 terminate any pretrial risk assessment pilot programs by 17 December 31, 2018, until such time that the use of pretrial 18 risk assessments are authorized by the general assembly. 19 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 20 to read as follows: 21 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 22 1. There is appropriated from the general fund of the 23 state to the Iowa law enforcement academy for the fiscal year 24 beginning July 1, 2018, and ending June 30, 2019, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For salaries, support, maintenance, and miscellaneous 28 purposes, including jailer training and technical assistance, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 32 946,149 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 34 26.00 35 -10- LSB 5032XC (9) 87 jm/rn 10/ 28
S.F. _____ The Iowa law enforcement academy may temporarily exceed and 1 draw more than the amount appropriated in this subsection and 2 incur a negative cash balance as long as there are receivables 3 equal to or greater than the negative balance and the amount 4 appropriated in this subsection is not exceeded at the close 5 of the fiscal year. 6 2. The Iowa law enforcement academy may select at least 7 five automobiles of the department of public safety, division 8 of state patrol, prior to turning over the automobiles to 9 the department of administrative services to be disposed 10 of by public auction, and the Iowa law enforcement academy 11 may exchange any automobile owned by the academy for each 12 automobile selected if the selected automobile is used in 13 training law enforcement officers at the academy. However, any 14 automobile exchanged by the academy shall be substituted for 15 the selected vehicle of the department of public safety and 16 sold by public auction with the receipts being deposited in the 17 depreciation fund to the credit of the department of public 18 safety, division of state patrol. 19 3. The Iowa law enforcement academy shall provide training 20 for domestic abuse and human trafficking-related issues 21 throughout the state. The training shall be offered at no 22 cost to the attendees and the training shall not replace any 23 existing domestic abuse or human trafficking training offered 24 by the academy. 25 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 26 to read as follows: 27 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 28 the general fund of the state to the office of the state public 29 defender of the department of inspections and appeals for the 30 fiscal year beginning July 1, 2018, and ending June 30, 2019, 31 the following amounts, or so much thereof as is necessary, to 32 be used for the purposes designated: 33 1. For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -11- LSB 5032XC (9) 87 jm/rn 11/ 28
S.F. _____ equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 2 26,646,202 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 4 2. For payments on behalf of eligible adults and juveniles 5 from the indigent defense fund, in accordance with section 6 815.11 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 8 37,444,448 9 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 10 to read as follows: 11 SEC. 38. BOARD OF PAROLE. There is appropriated from the 12 general fund of the state to the board of parole for the fiscal 13 year beginning July 1, 2018, and ending June 30, 2019, the 14 following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 20 1,191,731 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 22 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 23 to read as follows: 24 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 25 1. There is appropriated from the general fund of the 26 state to the department of public defense, for the fiscal year 27 beginning July 1, 2018, and ending June 30, 2019, the following 28 amounts, or so much thereof as is necessary, to be used for the 29 purposes designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 34 6,164,131 35 -12- LSB 5032XC (9) 87 jm/rn 12/ 28
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 1 2. The department of public defense may temporarily exceed 2 and draw more than the amount appropriated in this section and 3 incur a negative cash balance as long as there are receivables 4 of federal funds equal to or greater than the negative balance 5 and the amount appropriated in this section is not exceeded at 6 the close of the fiscal year. 7 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 8 to read as follows: 9 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 10 MANAGEMENT. 11 1. There is appropriated from the general fund of the state 12 to the department of homeland security and emergency management 13 for the fiscal year beginning July 1, 2018, and ending June 14 30, 2019, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 20 2,102,797 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 22 2. The department of homeland security and emergency 23 management may temporarily exceed and draw more than the amount 24 appropriated in this section and incur a negative cash balance 25 as long as there are receivables of federal funds equal to or 26 greater than the negative balance and the amount appropriated 27 in this section is not exceeded at the close of the fiscal 28 year. 29 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 30 to read as follows: 31 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 32 from the general fund of the state to the department of public 33 safety for the fiscal year beginning July 1, 2018, and ending 34 June 30, 2019, the following amounts, or so much thereof as is 35 -13- LSB 5032XC (9) 87 jm/rn 13/ 28
S.F. _____ necessary, to be used for the purposes designated: 1 1. For the department’s administrative functions, including 2 the criminal justice information system, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 5 4,734,703 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 7 2. For the division of criminal investigation, including 8 the criminalistics laboratory fund created in section 691.9, 9 and the state’s contribution to the peace officers’ retirement, 10 accident, and disability system provided in chapter 97A in the 11 amount of the state’s normal contribution rate, as defined in 12 section 97A.8 , multiplied by the salaries for which the moneys 13 are appropriated, to meet federal fund matching requirements, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 17 14,965,428 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 19 164.00 20 a. As a condition of receiving the appropriation in this 21 subsection, the division of criminal investigation shall employ 22 4.0 full-time equivalent positions to assist in expediting the 23 processing and analysis of DNA samples. 24 b. The division of criminal investigation may employ two of 25 the three additional full-time equivalent positions authorized 26 pursuant to this subsection that are in excess of the number 27 of full-time equivalent positions authorized for the previous 28 fiscal year only if the division of criminal investigation 29 receives sufficient federal moneys to maintain employment for 30 the additional 2.00 full-time equivalent positions during the 31 current fiscal year. The division of criminal investigation 32 shall only employ the additional 2.00 full-time equivalent 33 positions in succeeding fiscal years if sufficient federal 34 moneys are received during each of those succeeding fiscal 35 -14- LSB 5032XC (9) 87 jm/rn 14/ 28
S.F. _____ years. 1 3. For the criminalistics laboratory fund created in 2 section 691.9 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 4 4. a. For the division of narcotics enforcement, including 5 the state’s contribution to the peace officers’ retirement, 6 accident, and disability system provided in chapter 97A in the 7 amount of the state’s normal contribution rate, as defined in 8 section 97A.8 , multiplied by the salaries for which the moneys 9 are appropriated, to meet federal fund matching requirements, 10 and for not more than the following full-time equivalent 11 positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 13 7,785,873 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 15 The division of narcotics enforcement may employ an 16 additional 1.00 full-time equivalent position authorized 17 pursuant to this lettered paragraph that is in excess of 18 the number of full-time equivalent positions authorized for 19 the previous fiscal year only if the division of narcotics 20 enforcement receives sufficient federal moneys to maintain 21 employment for the additional full-time equivalent position 22 during the current fiscal year. The division of narcotics 23 enforcement shall only employ the additional full-time 24 equivalent position in succeeding fiscal years if sufficient 25 federal moneys are received during each of those succeeding 26 fiscal years. 27 b. For the division of narcotics enforcement for undercover 28 purchases: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 30 209,042 31 5. For the division of state fire marshal, for fire 32 protection services as provided through the state fire service 33 and emergency response council as created in the department, 34 and for the state’s contribution to the peace officers’ 35 -15- LSB 5032XC (9) 87 jm/rn 15/ 28
S.F. _____ retirement, accident, and disability system provided in chapter 1 97A in the amount of the state’s normal contribution rate, 2 as defined in section 97A.8 , multiplied by the salaries for 3 which the moneys are appropriated, and for not more than the 4 following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 6 4,965,056 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 8 As a condition of receiving the appropriation in this 9 subsection, the commissioner of the department of public safety 10 shall appoint the administrator of the fire service training 11 bureau of the division of state fire marshal as provided in 12 section 100B.7. 13 6. For the division of state patrol, for salaries, support, 14 maintenance, workers’ compensation costs, and miscellaneous 15 purposes, including the state’s contribution to the peace 16 officers’ retirement, accident, and disability system provided 17 in chapter 97A in the amount of the state’s normal contribution 18 rate, as defined in section 97A.8 , multiplied by the salaries 19 for which the moneys are appropriated, and for not more than 20 the following full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 22 63,926,287 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 24 It is the intent of the general assembly that members of the 25 state patrol be assigned to patrol the highways and roads in 26 lieu of assignments for inspecting school buses for the school 27 districts. 28 7. For deposit in the sick leave benefits fund established 29 under section 80.42 for all departmental employees eligible to 30 receive benefits for accrued sick leave under the collective 31 bargaining agreement: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 33 279,517 34 8. For costs associated with the training and equipment 35 -16- LSB 5032XC (9) 87 jm/rn 16/ 28
S.F. _____ needs of volunteer fire fighters: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 2 825,520 3 a. Notwithstanding section 8.33 , moneys appropriated in 4 this subsection that remain unencumbered or unobligated at the 5 close of the fiscal year shall not revert but shall remain 6 available for expenditure only for the purpose designated in 7 this subsection until the close of the succeeding fiscal year. 8 b. Notwithstanding section 8.39 , the department of public 9 safety may reallocate moneys appropriated in this section 10 as necessary to best fulfill the needs provided for in the 11 appropriation. However, the department shall not reallocate 12 moneys appropriated to the department in this section unless 13 notice of the reallocation is given to the legislative services 14 agency and the department of management prior to the effective 15 date of the reallocation. The notice shall include information 16 regarding the rationale for reallocating the moneys. The 17 department shall not reallocate moneys appropriated in this 18 section for the purpose of eliminating any program. 19 9. For the public safety interoperable and broadband 20 communications fund established in section 80.44 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 22 115,661 23 10. For the office to combat human trafficking established 24 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 25 1077, section 1 , including salaries, support, maintenance, 26 miscellaneous purposes, and for not more than the following 27 full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 29 150,000 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 31 11. For department-wide duties, including operations, 32 costs, and miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 34 Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 35 -17- LSB 5032XC (9) 87 jm/rn 17/ 28
S.F. _____ to read as follows: 1 SEC. 42. GAMING ENFORCEMENT. 2 1. There is appropriated from the gaming enforcement 3 revolving fund created in section 80.43 to the department of 4 public safety for the fiscal year beginning July 1, 2018, and 5 ending June 30, 2019, the following amount, or so much thereof 6 as is necessary, to be used for the purposes designated: 7 For any direct support costs for agents and officers of 8 the division of criminal investigation’s excursion gambling 9 boat, gambling structure, and racetrack enclosure enforcement 10 activities, including salaries, support, maintenance, and 11 miscellaneous purposes, and for not more than the following 12 full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 14 10,239,218 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 16 2. For each additional license to conduct gambling games on 17 an excursion gambling boat, gambling structure, or racetrack 18 enclosure issued during the fiscal year beginning July 1, 2018, 19 there is appropriated from the gaming enforcement fund to the 20 department of public safety for the fiscal year beginning July 21 1, 2018, and ending June 30, 2019, an additional amount of not 22 more than $300,000 to be used for not more than 3.00 additional 23 full-time equivalent positions. 24 3. The department of public safety, with the approval of the 25 department of management, may employ no more than three special 26 agents for each additional riverboat or gambling structure 27 regulated after July 1, 2018, and three special agents for 28 each racing facility which becomes operational during the 29 fiscal year which begins July 1, 2018. Positions authorized 30 in this subsection are in addition to the full-time equivalent 31 positions otherwise authorized in this section. 32 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 33 to read as follows: 34 SEC. 43. CIVIL RIGHTS COMMISSION. 35 -18- LSB 5032XC (9) 87 jm/rn 18/ 28
S.F. _____ 1. There is appropriated from the general fund of the state 1 to the Iowa state civil rights commission for the fiscal year 2 beginning July 1, 2018, and ending June 30, 2019, the following 3 amount, or so much thereof as is necessary, to be used for the 4 purposes designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 9 1,146,631 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 11 2. The Iowa state civil rights commission may enter into 12 a contract with a nonprofit organization to provide legal 13 assistance to resolve civil rights complaints. 14 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 15 to read as follows: 16 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 17 1. There is appropriated from the general fund of the state 18 to the criminal and juvenile justice planning division of the 19 department of human rights for the fiscal year beginning July 20 1, 2018, and ending June 30, 2019, the following amount or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 27 1,177,143 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 29 2. The criminal and juvenile justice planning advisory 30 council and the juvenile justice advisory council shall 31 coordinate their efforts in carrying out their respective 32 duties relative to juvenile justice. 33 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 34 to read as follows: 35 -19- LSB 5032XC (9) 87 jm/rn 19/ 28
S.F. _____ SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 1 MANAGEMENT. There is appropriated from the E911 911 emergency 2 communications fund created in section 34A.7A to the department 3 of homeland security and emergency management for the fiscal 4 year beginning July 1, 2018, and ending June 30, 2019, the 5 following amount, or so much thereof as is necessary, to be 6 used for the purposes designated: 7 For implementation, support, and maintenance of the 8 functions of the administrator and program manager under 9 chapter 34A and to employ the auditor of the state to perform 10 an annual audit of the E911 911 emergency communications fund: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 12 250,000 13 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 14 the following new sections: 15 NEW SECTION . SEC. 46. REGIONAL HOUSING PROJECT. There is 16 appropriated from the Iowa skilled worker and job creation fund 17 created in section 8.75 to the department of corrections for 18 the fiscal year beginning July 1, 2018, and ending June 30, 19 2019, the following amount, or so much thereof as is necessary, 20 to be used for the purposes designated: 21 For implementation, support, maintenance, and capital 22 construction costs to develop a regional housing building 23 project: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 For purposes of section 8.33, unless specifically provided 26 otherwise, unencumbered or unobligated moneys remaining from 27 the appropriation in this section, shall not revert but shall 28 remain available for expenditure for the purposes designated 29 until the close of the fiscal year that ends three years after 30 the end of the fiscal year for which the appropriation is made. 31 However, if the project or projects for which the appropriation 32 was made are completed in an earlier fiscal year, unencumbered 33 or unobligated moneys shall revert at the close of that same 34 fiscal year. 35 -20- LSB 5032XC (9) 87 jm/rn 20/ 28
S.F. _____ NEW SECTION . SEC. 47. CONSUMER EDUCATION AND 1 LITIGATION —— FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 2 CLAIMS. Notwithstanding section 714.16C, there is appropriated 3 from the consumer education and litigation fund to the 4 department of justice for the fiscal year beginning July 1, 5 2018, and ending June 30, 2019, the following amount, or so 6 much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For farm mediation services as specified in section 9 13.13, subsection 2: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 11 b. For salaries, support, maintenance, and miscellaneous 12 purposes for criminal prosecutions, criminal appeals, and 13 performing duties pursuant to chapter 669: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 15 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 16 is amended by striking the paragraph. 17 Sec. 18. NEW SECTION . 80.46 Public safety support trust 18 fund. 19 1. A public safety support trust fund is established in 20 the state treasury under the control of the department. The 21 department may receive and accept donations, grants, loans, and 22 contributions in accordance with section 565.3 from any public 23 or private source for deposit into the trust fund. Moneys 24 credited to the trust fund are appropriated to the department 25 for the purpose of supporting the activities of the department. 26 2. Notwithstanding section 8.33, moneys in the trust fund 27 shall not revert. Notwithstanding section 12C.7, subsection 28 2, interest or earnings on moneys deposited in the trust fund 29 shall be credited to the trust fund. 30 DIVISION II 31 PRISON LIBRARIES 32 Sec. 19. Section 904.310A, Code 2018, is amended by striking 33 the section and inserting in lieu thereof the following: 34 904.310A Information or materials —— distribution. 35 -21- LSB 5032XC (9) 87 jm/rn 21/ 28
S.F. _____ 1. Funds appropriated to the department or other funds made 1 available to the department shall not be used to distribute 2 or make available any commercially published information or 3 material to an inmate when such information or material is 4 sexually explicit or features nudity. 5 2. The department shall adopt rules pursuant to chapter 17A 6 to administer this section. 7 DIVISION III 8 SMALL CLAIMS COURT JURISDICTION 9 Sec. 20. Section 631.1, subsections 1, 3, 4, 5, 7, and 8, 10 Code 2018, are amended to read as follows: 11 1. The following actions or claims are small claims and 12 shall be commenced, heard and determined as provided in this 13 chapter : 14 a. A civil action for a money judgment where the amount in 15 controversy is four five thousand dollars or less for actions 16 commenced before July 1, 2002 2018 , exclusive of interest and 17 costs. 18 b. A civil action for a money judgment where the amount in 19 controversy is five seven thousand five hundred dollars or less 20 for actions commenced on or after July 1, 2002 2018 , exclusive 21 of interest and costs. 22 3. The district court sitting in small claims has concurrent 23 jurisdiction of an action of replevin if the value of the 24 property claimed is four five thousand dollars or less for 25 actions commenced before July 1, 2002 2018 , and five seven 26 thousand five hundred dollars or less for actions commenced on 27 or after July 1, 2002 2018 . When commenced under this chapter , 28 the action is a small claim for the purposes of this chapter . 29 4. The district court sitting in small claims has concurrent 30 jurisdiction of motions and orders relating to executions 31 against personal property, including garnishments, where the 32 value of the property or garnisheed money involved is four five 33 thousand dollars or less for actions commenced before July 1, 34 2002 2018 , and five seven thousand five hundred dollars or less 35 -22- LSB 5032XC (9) 87 jm/rn 22/ 28
S.F. _____ for actions commenced on or after July 1, 2002 2018 . 1 5. The district court sitting in small claims has concurrent 2 jurisdiction of an action for abandonment of a manufactured or 3 mobile home or personal property pursuant to section 555B.3 , 4 if no money judgment in excess of four five thousand dollars 5 is sought for actions commenced before July 1, 2002 2018 , and 6 five seven thousand five hundred dollars or less for actions 7 commenced on or after July 1, 2002 2018 . If commenced under 8 this chapter , the action is a small claim for the purposes of 9 this chapter . 10 7. The district court sitting in small claims has concurrent 11 jurisdiction of an action for the collection of taxes brought 12 by a county treasurer pursuant to sections 445.3 and 445.4 13 where the amount in controversy is five thousand dollars or 14 less for actions commenced on or after before July 1, 2003 15 2018, and seven thousand five hundred dollars or less for 16 actions commenced on or after July 1, 2018, exclusive of 17 interest and costs. 18 8. The district court sitting in small claims has concurrent 19 jurisdiction of motions and orders relating to releases of 20 judgments in whole or in part including motions and orders 21 under section 624.23, subsection 2 , paragraph “c” and section 22 624.37 , where the amount owing on the judgment, including 23 interests and costs, is five thousand dollars or less for 24 actions commenced before July 1, 2018, and seven thousand five 25 hundred dollars or less for actions commenced on or after July 26 1, 2018 . 27 Sec. 21. JURISDICTIONAL AMOUNT REVERSION. The 28 jurisdictional amount in the section of this division of this 29 Act that amends section 631.1 shall revert to five thousand 30 dollars if a court of competent jurisdiction declares the seven 31 thousand five hundred dollar amount unconstitutional. 32 DIVISION IV 33 UNMANNED AERIAL VEHICLES 34 Sec. 22. NEW SECTION . 719.9 Use of unmanned aerial vehicle 35 -23- LSB 5032XC (9) 87 jm/rn 23/ 28
S.F. _____ —— prohibitions. 1 1. As used in this section: 2 a. “Facility” means a county jail, municipal holding 3 facility, secure facility for the detention or custody 4 of juveniles, community-based correctional facility, or 5 institution under the management of the department of 6 corrections. 7 b. “Unmanned aerial vehicle” means a vehicle or device 8 that uses aerodynamic forces to achieve flight and is piloted 9 remotely. 10 2. A person shall not operate an unmanned aerial vehicle 11 knowing that the unmanned aerial vehicle is operating in, on, 12 or above a facility and any contiguous real property comprising 13 the surrounding grounds of the facility, unless the unmanned 14 aerial vehicle is operated by a law enforcement agency or the 15 person has permission from the authority in charge of the 16 facility to operate an unmanned aerial vehicle in, on, or above 17 such facility. 18 3. A person who violates this section commits a class “D” 19 felony. 20 DIVISION V 21 POSTCONVICTION RELIEF 22 Sec. 23. NEW SECTION . 822.10A Underlying criminal offense. 23 The court file containing the conviction for which an 24 applicant seeks postconviction relief shall be part of the 25 record in any action under this chapter. Upon the filing 26 of an application for postconviction relief pursuant to 27 section 822.3, the clerk of the district court shall make the 28 underlying criminal file records accessible to the applicant, 29 county attorney, and attorney general. If the criminal file 30 records are not available in electronic format, the clerk of 31 the district court shall convert the records to an electronic 32 format and make the records available to the applicant, county 33 attorney, and attorney general. 34 EXPLANATION 35 -24- LSB 5032XC (9) 87 jm/rn 24/ 28
S.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to and makes appropriations to the justice 3 system, and makes other related statutory changes. 4 DIVISION I —— FY 2018-2019 APPROPRIATIONS. The bill makes 5 appropriations from the general fund of the state for fiscal 6 year 2018-2019 to the departments of justice, corrections, 7 public defense, public safety, and homeland security and 8 emergency management, and the Iowa law enforcement academy, 9 office of the state public defender, board of parole, Iowa 10 state civil rights commission, and the criminal and juvenile 11 justice planning division of the department of human rights. 12 The bill appropriates moneys from the department of commerce 13 revolving fund to the office of consumer advocate of the 14 department of justice for fiscal year 2018-2019. 15 The bill prohibits each judicial district department of 16 correctional services from expending moneys appropriated 17 from the general fund of the state for salaries, support, 18 maintenance, and miscellaneous purposes for the implementation, 19 development, or use of pretrial risk assessments, and requires 20 any pretrial risk assessment pilot programs to be terminated by 21 December 31, 2018. 22 The bill requires the division of criminal investigation 23 to employ 4.00 full-time equivalent positions to assist in 24 expediting the processing and analysis of DNA samples. 25 The bill appropriates moneys from the general fund of the 26 state to the criminalistics laboratory fund created in Code 27 section 691.9 to accelerate the DNA analysis of DNA samples. 28 The bill requires the commissioner of the department of 29 public safety to appoint an administrator of the fire service 30 training bureau of the division of state fire marshal pursuant 31 to Code section 100B.7 as a condition of appropriation to the 32 division of state fire marshal. 33 The bill also appropriates moneys from the gaming 34 enforcement revolving fund to the department of public safety 35 -25- LSB 5032XC (9) 87 jm/rn 25/ 28
S.F. _____ for fiscal year 2018-2019. 1 The bill appropriates moneys from the wireless 911 emergency 2 communications fund to the department of homeland security and 3 emergency management for fiscal year 2018-2019. 4 The bill appropriates moneys from the Iowa skilled worker 5 and job creation fund to the department of corrections for 6 implementation, support, maintenance, and capital construction 7 costs to develop a regional housing building project. 8 The bill appropriates moneys from the consumer education and 9 litigation fund to the department of justice for farm mediation 10 services and for criminal prosecutions, criminal appeals, and 11 performing duties related to state tort claims. 12 The bill strikes Code section 13.2(1)(g) requiring the 13 attorney general to report to the governor, at the time 14 provided by law, the condition of the attorney general’s 15 office, opinions rendered, and business transacted of public 16 interest. 17 The bill establishes a public safety support trust fund 18 in the state treasury under the control of the department of 19 public safety. The bill permits the department of public 20 safety to receive and accept donations, grants, loans, and 21 contributions from any public or private source for deposit 22 into the trust fund. Moneys credited to the trust fund are 23 appropriated to the department of public safety for the purpose 24 of supporting the activities of the department of public 25 safety. 26 DIVISION II —— PRISON LIBRARIES. The bill strikes a 27 provision requiring the director of the department of 28 corrections to provide, as necessary, suitable space for 29 reading material for inmates. Additionally, the bill prohibits 30 the department of corrections from using any appropriated funds 31 or other funds made available to the department to distribute 32 or make available any commercially published information or 33 material to an inmate that is sexually explicit or features 34 nudity. 35 -26- LSB 5032XC (9) 87 jm/rn 26/ 28
S.F. _____ DIVISION III —— SMALL CLAIMS JURISDICTION. The bill makes 1 jurisdictional changes to small claims court cases. The bill 2 provides that a small claims court case commenced on or after 3 July 1, 2018, shall not involve damages or value in excess of 4 $7,500. Under existing law, a small claims court case shall 5 not involve damages or value in excess of $5,000. The bill 6 further provides that the jurisdictional amount shall revert 7 to $5,000 if a court finds the $7,500 amount unconstitutional. 8 By increasing the jurisdictional amount for small claims court 9 the bill expands the jurisdiction of a magistrate or district 10 associate judge to hear and assess judgment on certain actions, 11 including county and city violations. 12 DIVISION IV —— UNMANNED AERIAL VEHICLES. The bill defines 13 “unmanned aerial vehicle” to mean a vehicle or device that uses 14 aerodynamic forces to achieve flight and is piloted remotely. 15 Under the bill, a person shall not operate an unmanned 16 aerial vehicle knowing that the unmanned aerial vehicle is 17 operating in, on, or above such a facility and any contiguous 18 real property comprising the surrounding grounds of the 19 facility, unless the unmanned aerial vehicle is operated by a 20 law enforcement agency or the person has permission from the 21 authority in charge of the facility to operate an unmanned 22 aerial vehicle in, on, or above such facility. 23 A person who violates the bill commits a class “D” felony. A 24 class “D” felony is punishable by confinement for no more than 25 five years and a fine of at least $750 but not more than $7,500. 26 DIVISION V —— POSTCONVICTION RELIEF. The bill creates new 27 Code section 822.10A relating to postconviction procedure. The 28 bill provides that the court file containing the conviction 29 for which the applicant seeks postconviction relief shall be 30 part of the record in any action under Code chapter 822. Upon 31 the filing of an application for postconviction relief pursuant 32 to Code section 822.3, the clerk of the district court shall 33 make the underlying criminal file accessible to the applicant, 34 county attorney, and attorney general. If the criminal file 35 -27- LSB 5032XC (9) 87 jm/rn 27/ 28
S.F. _____ records are not available in electronic format, the division 1 requires the clerk of the district court to convert the records 2 to an electronic format and make the records available to the 3 applicant, county attorney, and attorney general. 4 -28- LSB 5032XC (9) 87 jm/rn 28/ 28
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