Bill Text: IA HF2458 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to appropriations to the justice system, and including effective date provisions.
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-05-13 - Sent to Governor. H.J. 999. [HF2458 Detail]
Download: Iowa-2015-HF2458-Enrolled.html
House File 2458 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO LSB
5015HB)
\5
A BILL FOR
\1
House File 2458
AN ACT
RELATING TO APPROPRIATIONS TO THE JUSTICE SYSTEM, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. 2015 Iowa Acts, chapter 135, section 23, is
amended to read as follows:
SEC. 23. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 3,994,953
7,989,905
............................................... FTEs 214.00
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:
.................................................. $ 3,367,200
6,734,400
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 29.00 FTEs and to provide maintenance
for the victim compensation functions of the department of
justice. Of the FTEs authorized pursuant to this paragraph,
5.00 FTEs shall be used by the department of justice to employ
one accountant and four program planners. The department
of justice may employ the additional five FTEs authorized
pursuant to this lettered paragraph that are in excess of the
number of FTEs authorized for the previous fiscal year only if
the department of justice receives sufficient federal moneys
to maintain employment for the additional FTEs during the
current fiscal year. The department of justice shall only
employ the additional five FTEs 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:
.................................................. $ 1,200,000
2,400,000
2. a. The department of justice, in submitting budget
estimates for the fiscal year commencing July 1, 2017,
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, 2015, and actual and expected
reimbursements for the fiscal year commencing July 1, 2016.
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, 2017.
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, ch. 138, {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, 2016, and ending June 30, 2017, 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. 2015 Iowa Acts, chapter 135, section 24, is amended
to read as follows:
SEC. 24. 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, 2016, and ending June 30, 2017, the following amount,
or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,568,794
3,137,588
............................................... FTEs 22.00
Sec. 4. 2015 Iowa Acts, chapter 135, section 25, is amended
to read as follows:
SEC. 25. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 21,885,801
43,771,602
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 16,834,127
33,668,253
It is the intent of the general assembly that the department
of corrections maintain and operate the Luster Heights prison
camp.
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 30,079,046
60,158,092
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 13,786,054
27,974,048
e. For the operation of the Mount Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 12,680,067
24,958,195
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 4,918,177
9,836,353
g. For the operation of the Clarinda correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 12,966,715
25,933,430
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:
.................................................. $ 11,322,985
22,645,970
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
.................................................. $ 15,048,824
30,097,648
j. For reimbursement of counties for temporary confinement
of work release and parole violators, as provided in sections
901.7, 904.908, and 906.17, and for offenders confined
pursuant to section 904.513:
.................................................. $ 537,546
1,075,092
k. For federal prison reimbursement, reimbursements for
out=of=state placements, and miscellaneous contracts:
.................................................. $ 242,205
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. 2015 Iowa Acts, chapter 135, section 26, is amended
to read as follows:
SEC. 26. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 2,635,005
5,270,010
a. It is the intent of the general assembly that each
lease negotiated by the department of corrections with a
private corporation for the purpose of providing private
industry employment of inmates in a correctional institution
shall prohibit the private corporation from utilizing inmate
labor for partisan political purposes for any person seeking
election to public office in this state and that a violation
of this requirement shall result in a termination of the lease
agreement.
b. It is the intent of the general assembly that as a
condition of receiving the appropriation provided in this
subsection the department of corrections shall not enter into
a lease or contractual agreement pursuant to section 904.809
with a private corporation for the use of building space for
the purpose of providing inmate employment without providing
that the terms of the lease or contract establish safeguards
to restrict, to the greatest extent feasible, access by
inmates working for the private corporation to personal
identifying information of citizens.
2. For educational programs for inmates at state penal
institutions:
.................................................. $ 1,304,055
2,608,109
a. To maximize the funding for educational programs,
the department shall establish guidelines and procedures to
prioritize the availability of educational and vocational
training for inmates based upon the goal of facilitating an
inmate's successful release from the correctional institution.
b. The director of the department of corrections may
transfer moneys from Iowa prison industries and the canteen
operating funds established pursuant to section 904.310, for
use in educational programs for inmates.
c. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unobligated or unexpended at the
close of the fiscal year shall not revert but shall remain
available to be used only for the purposes designated in this
subsection until the close of the succeeding fiscal year.
3. For the development of the Iowa corrections offender
network (ICON) data system:
.................................................. $ 1,000,000
2,000,000
4. For offender mental health and substance abuse
treatment:
.................................................. $ 11,159
22,319
4A. For department=wide duties, including operations,
costs, and miscellaneous purposes:
.................................................. $ 3,407,808
5. It is the intent of the general assembly that for
the fiscal year addressed by this section the department
of corrections shall continue to operate the correctional
farms under the control of the department at the same or
greater level of participation and involvement as existed
as of January 1, 2011; shall not enter into any rental
agreement or contract concerning any farmland under the
control of the department that is not subject to a rental
agreement or contract as of January 1, 2011, without prior
legislative approval; and shall further attempt to provide
job opportunities at the farms for inmates. The department
shall attempt to provide job opportunities at the farms for
inmates by encouraging labor=intensive farming or gardening
where appropriate; using inmates to grow produce and meat for
institutional consumption; researching the possibility of
instituting food canning and cook=and=chill operations; and
exploring opportunities for organic farming and gardening,
livestock ventures, horticulture, and specialized crops.
Sec. 6. 2015 Iowa Acts, chapter 135, section 27, is amended
to read as follows:
SEC. 27. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 7,393,988
14,787,977
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:
.................................................. $ 5,750,331
11,500,661
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:
.................................................. $ 3,620,628
7,241,257
d. For the fourth judicial district department of
correctional services:
.................................................. $ 2,819,003
5,638,005
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
.................................................. $ 10,539,196
21,078,393
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:
.................................................. $ 7,431,812
14,863,623
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:
.................................................. $ 3,928,436
7,856,873
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:
.................................................. $ 4,083,597
8,167,194
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. 2015 Iowa Acts, chapter 135, section 32, is amended
to read as follows:
SEC. 32. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 501,607
1,003,214
............................................... FTEs 24.00
25.00
It is the intent of the general assembly that the Iowa law
enforcement academy may provide training of state and local
law enforcement personnel concerning the recognition of and
response to persons with Alzheimer's disease.
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. 8. 2015 Iowa Acts, chapter 135, section 33, is amended
to read as follows:
SEC. 33. 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, 2016, and ending June
30, 2017, 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:
.................................................. $ 13,016,121
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:
.................................................. $ 14,875,965
29,601,929
Sec. 9. 2015 Iowa Acts, chapter 135, section 34, is amended
to read as follows:
SEC. 34. 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, 2016, and ending June 30, 2017,
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:
.................................................. $ 602,291
1,204,583
............................................... FTEs 10.75
Sec. 10. 2015 Iowa Acts, chapter 135, section 35, is
amended to read as follows:
SEC. 35. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 3,277,239
6,554,478
............................................... FTEs 277.50
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. 11. 2015 Iowa Acts, chapter 135, section 36, is
amended to read as follows:
SEC. 36. THE 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, 2016,
and ending June 30, 2017, 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:
.................................................. $ 1,114,812
2,229,623
............................................... FTEs 35.95
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.
3. It is the intent of the general assembly that the
department of homeland security and emergency management work
in conjunction with the department of public safety, to the
extent possible, when gathering and analyzing information
related to potential domestic or foreign security threats, and
when monitoring such threats.
Sec. 12. 2015 Iowa Acts, chapter 135, section 37, is
amended to read as follows:
SEC. 37. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 2,113,065
4,226,131
............................................... FTEs 38.00
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:
.................................................. $ 6,898,272
13,796,544
............................................... FTEs 159.00
162.00
The division of criminal investigation may employ two
of the three additional FTEs authorized pursuant to this
subsection that are in excess of the number of FTEs authorized
for the previous fiscal year only if the division of criminal
investigation receives sufficient federal moneys to maintain
employment for the additional two FTEs during the current
fiscal year. The division of criminal investigation shall
only employ the additional two FTEs 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
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:
.................................................. $ 3,695,519
7,391,039
............................................... FTEs 65.50
66.50
The division of narcotics enforcement may employ the
additional one FTE authorized pursuant to this lettered
paragraph that is in excess of the number of FTEs authorized
for the previous fiscal year only if the division of narcotics
enforcement receives sufficient federal moneys to maintain
employment for the additional FTE during the current fiscal
year. The division of narcotics enforcement shall only
employ the additional one FTE 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
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:
.................................................. $ 2,325,505
4,651,010
............................................... 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:
.................................................. $ 30,750,788
61,501,575
............................................... FTEs 512.00
It is the intent of the general assembly that the division
of state patrol implement the endangered persons advisory
alert system.
It is the intent of the general assembly that members of the
state patrol be assigned to patrol the highways and roads in
lieu of assignments for inspecting school buses for the school
districts.
7. For deposit in the sick leave benefits fund established
under section 80.42 for all departmental employees eligible to
receive benefits for accrued sick leave under the collective
bargaining agreement:
.................................................. $ 139,759
279,517
8. For costs associated with the training and equipment
needs of volunteer fire fighters:
.................................................. $ 412,760
825,520
a. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this subsection until the close of the succeeding fiscal year.
b. Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
as necessary to best fulfill the needs provided for in the
appropriation. However, the department shall not reallocate
moneys appropriated to the department in this section unless
notice of the reallocation is given to the legislative
services agency and the department of management prior to
the effective date of the reallocation. The notice shall
include information regarding the rationale for reallocating
the moneys. The department shall not reallocate moneys
appropriated in this section for the purpose of eliminating
any program.
9. For the public safety interoperable and broadband
communications fund established in section 80.44:
.................................................. $ 77,330
154,661
10. For department=wide duties, including operations,
costs, and miscellaneous purposes:
.................................................. $ 1,834,973
Sec. 13. 2015 Iowa Acts, chapter 135, section 38, is
amended to read as follows:
SEC. 38. 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, 2016, and
ending June 30, 2017, 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:
.................................................. $ 5,449,004
9,745,272
............................................... FTEs 102.00
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,
2016, there is appropriated from the gaming enforcement
fund to the department of public safety for the fiscal
year beginning July 1, 2016, and ending June 30, 2017, an
additional amount of not more than $300,000 to be used for not
more than 3 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, 2016, and three special
agents for each racing facility which becomes operational
during the fiscal year which begins July 1, 2016. Positions
authorized in this subsection are in addition to the full=time
equivalent positions otherwise authorized in this section.
Sec. 14. 2015 Iowa Acts, chapter 135, section 39, is
amended to read as follows:
SEC. 39. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 584,770
1,169,540
............................................... FTEs 28.00
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. 15. 2015 Iowa Acts, chapter 135, section 40, is
amended to read as follows:
SEC. 40. 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, 2016, and ending June 30, 2017, 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:
.................................................. $ 630,053
1,260,105
............................................... FTEs 12.15
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. 16. Section 915.94, Code 2016, is amended to read as
follows:
915.94 Victim compensation fund.
A victim compensation fund is established as a separate
fund in the state treasury. Moneys deposited in the fund
shall be administered by the department and dedicated to and
used for the purposes of section 915.41 and this subchapter.
In addition, the department may use moneys from the fund
for the purpose of the department's prosecutor=based victim
service coordination, including the duties defined in sections
910.3 and 910.6 and this chapter, and for the award of funds
to programs that provide services and support to victims of
domestic abuse or sexual assault as provided in chapter 236,
to victims under section 710A.2, for reimbursement to the
Iowa law enforcement academy for domestic abuse and human
trafficking training, and for the support of an automated
victim notification system established in section 915.10A.
For each fiscal year, the department may also use up to three
hundred thousand dollars from the fund to provide training
for victim service providers, to provide training for related
professionals concerning victim service programming, and
to provide training concerning homicide, domestic assault,
sexual assault, stalking, harassment, and human trafficking
as required by section 710A.6. Notwithstanding section 8.33,
any balance in the fund on June 30 of any fiscal year shall not
revert to the general fund of the state.
Sec. 17. Section 915.95, Code 2016, is amended to read as
follows:
915.95 Human trafficking victim fund.
A fund is created as a separate fund in the state treasury.
Moneys deposited in the fund shall be administered by the
department and dedicated to and used for awarding moneys
to programs that provide services and support to victims
of human trafficking under section 710A.2, including public
outreach and awareness programs and service provider training
programs, and for reimbursing the Iowa law enforcement
academy for domestic abuse and human trafficking training.
Notwithstanding section 8.33, any balance in the fund on June
30 of any fiscal year shall not revert to the general fund of
the state.
Sec. 18. 2014 Iowa Acts, chapter 1138, section 21, 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,
2016 2018, 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. 19. 2015 Iowa Acts, chapter 135, section 41, is
amended to read as follows:
SEC. 41. 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, 2016, and ending June
30, 2017, 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
250,000
Sec. 20. 2015 Iowa Acts, chapter 138, section 141, is
amended to read as follows:
SEC. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human
trafficking enforcement fund is established, separate
and apart from all other public moneys or funds of the
state, under the control of the department of justice.
The department of justice shall deposit unencumbered or
unobligated moneys transferred from the mortgage servicing
settlement fund into the fund. Moneys in the fund are
appropriated to the department of justice, and after
consultation with the commissioner of public safety and
the director of the Iowa law enforcement academy the moneys
shall be used for purposes of training local law enforcement,
members of the state patrol, county attorneys, judicial
officers, juvenile court officers, and public safety answering
point personnel about recognizing and reporting incidents
of human trafficking, and for reimbursing the Iowa law
enforcement academy for domestic abuse and human trafficking
training. Any moneys remaining in the fund on June 30, 2020,
shall be transferred to the general fund of the state.
Sec. 21. STATE PUBLIC DEFENDER PILOT PROJECT ==== ATTORNEY
CHOICE ==== EMERGENCY RULES.
1. Notwithstanding any other provision of the law to the
contrary, for each fiscal year for the period beginning July
1, 2016, and ending June 30, 2019, the state public defender
may establish a pilot project allowing an indigent person to
choose an eligible attorney to represent the person in the
person's case that requires such representation. The state
public defender shall have sole discretion to establish the
pilot project in no more than four counties throughout the
state. The state public defender may coordinate with other
agencies and organizations in order to seek grant funding and
to measure the results of the pilot project.
2. The state public defender may adopt emergency rules
under section 17A.4, subsection 3, and section 17A.5,
subsection 2, paragraph "b", to implement the provisions of
this section of this Act. Any rules adopted in accordance
with this section shall also be published as a notice of
intended action as provided in section 17A.4.
Sec. 22. SPECIAL AGENTS.
1. Notwithstanding section 99F.10, subsection 4, and any
other law to the contrary, two special agents, previously
designated gaming enforcement officers, shall remain employed
as special agents on or after July 1, 2016, at a facility
licensed under chapter 99F. After a special agent retires or
otherwise leaves a special agent position specified in this
subsection, the special agent full=time equivalent position
specified in this subsection shall be eliminated and shall not
be filled.
2. Notwithstanding section 99F.10, subsection 4, and
for purposes of determining the amount of license fees and
regulatory fees charged pursuant to section 99F.10, subsection
4, the state racing and gaming commission shall include the
cost of the salary of the special agents specified under
subsection 1 plus any direct and indirect support costs of
such agents.
Sec. 23. OTHER ACT EFFECTIVE UPON ENACTMENT OF THIS
ACT. 2016 Iowa Acts, Senate File 2326, section 1, if enacted,
being deemed of immediate importance, takes effect upon
enactment of this Act.
Sec. 24. EFFECTIVE UPON ENACTMENT. The section of this
Act, which makes 2016 Iowa Acts, Senate File 2326, section
1, effective upon enactment of this Act, takes effect upon
enactment.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2458, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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