Bill Text: IA HF2492 | 2017-2018 | 87th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to appropriations to the justice system, providing penalties, and including effective date provisions. (Formerly HSB 694.) Item vetoed 6-1-18. Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-06-01 - NOBA: Graybook [HF2492 Detail]
Download: Iowa-2017-HF2492-Amended.html
Bill Title: A bill for an act relating to appropriations to the justice system, providing penalties, and including effective date provisions. (Formerly HSB 694.) Item vetoed 6-1-18. Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-06-01 - NOBA: Graybook [HF2492 Detail]
Download: Iowa-2017-HF2492-Amended.html
House File 2492 - Reprinted HOUSE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 694) (As Amended and Passed by the House April 30, 2018) A BILL FOR 1 An Act relating to appropriations to the justice system, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 2492 (2) 87 jm/rn/md PAG LIN 1 1 Section 1. 2017 Iowa Acts, chapter 167, section 27, is 1 2 amended to read as follows: 1 3 SEC. 27. DEPARTMENT OF JUSTICE. 1 4 1. There is appropriated from the general fund of the state 1 5 to the department of justice for the fiscal year beginning July 1 6 1, 2018, and ending June 30, 2019, the following amounts, or 1 7 so much thereof as is necessary, to be used for the purposes 1 8 designated: 1 9 a. For the general office of attorney general for salaries, 1 10 support, maintenance, and miscellaneous purposes, including 1 11 the prosecuting attorneys training program, matching funds 1 12 for federal violence against women grant programs, victim 1 13 assistance grants, office of drug control policy prosecuting 1 14 attorney program, and odometer fraud enforcement, and for not 1 15 more than the following full=time equivalent positions: 1 16 .................................................. $3,336,1541 17 6,511,705 1 18 ............................................... FTEs 215.00 1 19 As a condition of receiving the appropriation provided 1 20 in this lettered paragraph, the department of justice shall 1 21 maintain a record of the estimated time incurred representing 1 22 each agency or department. 1 23 b. For victim assistance grants: 1 24 .................................................. $2,508,3541 25 5,016,708 1 26 The moneys appropriated in this lettered paragraph shall be 1 27 used to provide grants to care providers providing services to 1 28 crime victims of domestic abuse or to crime victims of rape and 1 29 sexual assault. 1 30 The balance of the victim compensation fund established 1 31 in section 915.94 may be used to provide salary and support 1 32 of not more than 24.00 full=time equivalent positions and to 1 33 provide maintenance for the victim compensation functions 1 34 of the department of justice. In addition to the full=time 1 35 equivalent positions authorized pursuant to this paragraph, 2 1 5.00 full=time equivalent positions are authorized and shall 2 2 be used by the department of justice to employ one accountant 2 3 and four program planners. The department of justice may 2 4 employ the additional 5.00 full=time equivalent positions 2 5 authorized pursuant to this paragraph that are in excess of the 2 6 number of full=time equivalent positions authorized only if 2 7 the department of justice receives sufficient federal moneys 2 8 to maintain employment for the additional full=time equivalent 2 9 positions during the current fiscal year. The department 2 10 of justice shall only employ the additional 5.00 full=time 2 11 equivalent positions in succeeding fiscal years if sufficient 2 12 federal moneys are received during each of those succeeding 2 13 fiscal years. 2 14 The department of justice shall transfer at least $150,000 2 15 from the victim compensation fund established in section 915.94 2 16 to the victim assistance grant program. 2 17 Notwithstanding section 8.33, moneys appropriated in this 2 18 paragraph "b" that remain unencumbered or unobligated at the 2 19 close of the fiscal year shall not revert but shall remain 2 20 available for expenditure for the purposes designated until the 2 21 close of the succeeding fiscal year. 2 22 c. For legal services for persons in poverty grants as 2 23 provided in section 13.34: 2 24 .................................................. $1,152,3012 25 2,304,601 2 26 2. a. The department of justice, in submitting budget 2 27 estimates for the fiscal year commencing July 1, 2019, pursuant 2 28 to section 8.23, shall include a report of funding from sources 2 29 other than amounts appropriated directly from the general fund 2 30 of the state to the department of justice or to the office of 2 31 consumer advocate. These funding sources shall include but 2 32 are not limited to reimbursements from other state agencies, 2 33 commissions, boards, or similar entities, and reimbursements 2 34 from special funds or internal accounts within the department 2 35 of justice. The department of justice shall also report actual 3 1 reimbursements for the fiscal year commencing July 1, 2017, 3 2 and actual and expected reimbursements for the fiscal year 3 3 commencing July 1, 2018. 3 4 b. The department of justice shall include the report 3 5 required under paragraph "a", as well as information regarding 3 6 any revisions occurring as a result of reimbursements actually 3 7 received or expected at a later date, in a report to the 3 8 co=chairpersons and ranking members of the joint appropriations 3 9 subcommittee on the justice system and the legislative services 3 10 agency. The department of justice shall submit the report on 3 11 or before January 15, 2019. 3 12 3. a. The department of justice shall fully reimburse 3 13 the costs and necessary related expenses incurred by the Iowa 3 14 law enforcement academy to continue to employ one additional 3 15 instructor position who shall provide training fordomestic 3 16 abuse andhuman trafficking=related issues throughout the 3 17 state. 3 18 b. The department of justice shall obtain the moneys 3 19 necessary to reimburse the Iowa law enforcement academy to 3 20 employ such an instructor from unrestricted moneys from either 3 21 the victim compensation fund established in section 915.94, the 3 22 human trafficking victim fund established in section 915.95, or 3 23 the human trafficking enforcement fund established in 2015 Iowa 3 24 Acts, chapter 138, section 141. 3 25 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 3 26 to read as follows: 3 27 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 3 28 from the department of commerce revolving fund created in 3 29 section 546.12 to the office of consumer advocate of the 3 30 department of justice for the fiscal year beginning July 1, 3 31 2018, and ending June 30, 2019, the following amount, or so 3 32 much thereof as is necessary, to be used for the purposes 3 33 designated: 3 34 For salaries, support, maintenance, and miscellaneous 3 35 purposes, and for not more than the following full=time 4 1 equivalent positions: 4 2 .................................................. $1,568,7944 3 3,137,588 4 4 ............................................... FTEs 22.00 4 5 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 4 6 to read as follows: 4 7 SEC. 29. DEPARTMENT OF CORRECTIONS ==== FACILITIES. 4 8 1. There is appropriated from the general fund of the state 4 9 to the department of corrections for the fiscal year beginning 4 10 July 1, 2018, and ending June 30, 2019, the following amounts, 4 11 or so much thereof as is necessary, to be used for the purposes 4 12 designated: 4 13 a. For the operation of the Fort Madison correctional 4 14 facility, including salaries, support, maintenance, and 4 15 miscellaneous purposes: 4 16 .................................................. $21,359,5254 17 41,079,882 4 18 b. For the operation of the Anamosa correctional facility, 4 19 including salaries, support, maintenance, and miscellaneous 4 20 purposes: 4 21 .................................................. $16,413,5824 22 32,164,148 4 23 c. For the operation of the Oakdale correctional facility, 4 24 including salaries, support, maintenance, and miscellaneous 4 25 purposes: 4 26 .................................................. $29,745,7674 27 60,314,427 4 28 d. For the operation of the Newton correctional facility, 4 29 including salaries, support, maintenance, and miscellaneous 4 30 purposes: 4 31 .................................................. $13,830,6104 32 28,061,220 4 33 e. For the operation of the Mount Pleasant correctional 4 34 facility, including salaries, support, maintenance, and 4 35 miscellaneous purposes: 5 1 .................................................. $12,338,2075 2 25,526,413 5 3 f. For the operation of the Rockwell City correctional 5 4 facility, including salaries, support, maintenance, and 5 5 miscellaneous purposes: 5 6 .................................................. $4,860,2295 7 10,458,861 5 8 g. For the operation of the Clarinda correctional facility, 5 9 including salaries, support, maintenance, and miscellaneous 5 10 purposes: 5 11 .................................................. $12,542,7035 12 24,780,950 5 13 Moneys received by the department of corrections as 5 14 reimbursement for services provided to the Clarinda youth 5 15 corporation are appropriated to the department and shall be 5 16 used for the purpose of operating the Clarinda correctional 5 17 facility. 5 18 h. For the operation of the Mitchellville correctional 5 19 facility, including salaries, support, maintenance, and 5 20 miscellaneous purposes: 5 21 .................................................. $11,197,0455 22 22,594,090 5 23 i. For the operation of the Fort Dodge correctional 5 24 facility, including salaries, support, maintenance, and 5 25 miscellaneous purposes: 5 26 .................................................. $14,883,4985 27 29,660,231 5 28 j. For reimbursement of counties for temporary confinement 5 29 of prisoners, as provided in sections 901.7, 904.908, and 5 30 906.17, and for offenders confined pursuant to section 904.513: 5 31 .................................................. $787,5465 32 1,575,092 5 33 k. For federal prison reimbursement, reimbursements for 5 34 out=of=state placements, and miscellaneous contracts: 5 35 .................................................. $242,2066 1 484,411 6 2 2. The department of corrections shall use moneys 6 3 appropriated in subsection 1 to continue to contract for the 6 4 services of a Muslim imam and a Native American spiritual 6 5 leader. 6 6 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 6 7 to read as follows: 6 8 SEC. 30. DEPARTMENT OF CORRECTIONS ==== ADMINISTRATION. 6 9 There is appropriated from the general fund of the state to the 6 10 department of corrections for the fiscal year beginning July 6 11 1, 2018, and ending June 30, 2019, the following amounts, or 6 12 so much thereof as is necessary, to be used for the purposes 6 13 designated: 6 14 1. For general administration, including salaries and the 6 15 adjustment of salaries throughout the department, support, 6 16 maintenance, employment of an education director to administer 6 17 a centralized education program for the correctional system, 6 18 and miscellaneous purposes: 6 19 .................................................. $2,576,9536 20 9,933,851 6 21 a. It is the intent of the general assembly that each 6 22 lease negotiated by the department of corrections with a 6 23 private corporation for the purpose of providing private 6 24 industry employment of inmates in a correctional institution 6 25 shall prohibit the private corporation from utilizing inmate 6 26 labor for partisan political purposes for any person seeking 6 27 election to public office in this state and that a violation 6 28 of this requirement shall result in a termination of the lease 6 29 agreement. 6 30 b. It is the intent of the general assembly that as a 6 31 condition of receiving the appropriation provided in this 6 32 subsection the department of corrections shall not enter into 6 33 a lease or contractual agreement pursuant to section 904.809 6 34 with a private corporation for the use of building space for 6 35 the purpose of providing inmate employment without providing 7 1 that the terms of the lease or contract establish safeguards to 7 2 restrict, to the greatest extent feasible, access by inmates 7 3 working for the private corporation to personal identifying 7 4 information of citizens. 7 5 2. For educational programs for inmates at state penal 7 6 institutions: 7 7 .................................................. $1,304,0557 8 2,608,109 7 9 a. To maximize the funding for educational programs, 7 10 the department shall establish guidelines and procedures to 7 11 prioritize the availability of educational and vocational 7 12 training for inmates based upon the goal of facilitating an 7 13 inmate's successful release from the correctional institution. 7 14 b. The director of the department of corrections may 7 15 transfer moneys from Iowa prison industries and the canteen 7 16 operating funds established pursuant to section 904.310, for 7 17 use in educational programs for inmates. 7 18 c. Notwithstanding section 8.33, moneys appropriated in 7 19 this subsection that remain unobligated or unexpended at the 7 20 close of the fiscal year shall not revert but shall remain 7 21 available to be used only for the purposes designated in this 7 22 subsection until the close of the succeeding fiscal year. 7 23 3. For the development of the Iowa corrections offender 7 24 network (ICON) data system: 7 25 .................................................. $1,000,0007 26 2,000,000 7 27 4. For offender mental health and substance abuse 7 28 treatment: 7 29 .................................................. $14,0337 30 28,065 7 315. For department=wide duties, including operations, costs, 7 32 and miscellaneous purposes:7 33.................................................. $ 648,9477 34 Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 7 35 to read as follows: 8 1 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 8 2 SERVICES. 8 3 1. There is appropriated from the general fund of the state 8 4 to the department of corrections for the fiscal year beginning 8 5 July 1, 2018, and ending June 30, 2019, for salaries, support, 8 6 maintenance, and miscellaneous purposes, the following amounts, 8 7 or so much thereof as is necessary, to be used for the purposes 8 8 designated: 8 9 a. For the first judicial district department of 8 10 correctional services: 8 11 .................................................. $7,318,3838 12 14,786,766 8 13 It is the intent of the general assembly that the first 8 14 judicial district department of correctional services maintain 8 15 the drug courts operated by the district department. 8 16 b. For the second judicial district department of 8 17 correctional services: 8 18 .................................................. $5,691,8708 19 11,433,739 8 20 It is the intent of the general assembly that the second 8 21 judicial district department of correctional services establish 8 22 and maintain two drug courts to be operated by the district 8 23 department. 8 24 c. For the third judicial district department of 8 25 correctional services: 8 26 .................................................. $3,583,9798 27 7,167,957 8 28 d. For the fourth judicial district department of 8 29 correctional services: 8 30 .................................................. $2,789,9618 31 5,679,922 8 32 e. For the fifth judicial district department of 8 33 correctional services, including funding for electronic 8 34 monitoring devices for use on a statewide basis: 8 35 .................................................. $10,428,9709 1 21,557,940 9 2 It is the intent of the general assembly that the fifth 9 3 judicial district department of correctional services maintain 9 4 the drug court operated by the district department. 9 5 f. For the sixth judicial district department of 9 6 correctional services: 9 7 .................................................. $7,356,5839 8 14,713,165 9 9 It is the intent of the general assembly that the sixth 9 10 judicial district department of correctional services maintain 9 11 the drug court operated by the district department. 9 12 g. For the seventh judicial district department of 9 13 correctional services: 9 14 .................................................. $3,888,6719 15 7,777,341 9 16 It is the intent of the general assembly that the seventh 9 17 judicial district department of correctional services maintain 9 18 the drug court operated by the district department. 9 19 h. For the eighth judicial district department of 9 20 correctional services: 9 21 .................................................. $4,042,2619 22 8,084,521 9 23 2. Each judicial district department of correctional 9 24 services, within the funding available, shall continue programs 9 25 and plans established within that district to provide for 9 26 intensive supervision, sex offender treatment, diversion of 9 27 low=risk offenders to the least restrictive sanction available, 9 28 job development, and expanded use of intermediate criminal 9 29 sanctions. 9 30 3. Each judicial district department of correctional 9 31 services shall provide alternatives to prison consistent with 9 32 chapter 901B. The alternatives to prison shall ensure public 9 33 safety while providing maximum rehabilitation to the offender. 9 34 A judicial district department of correctional services may 9 35 also establish a day program. 10 1 4. The governor's office of drug control policy shall 10 2 consider federal grants made to the department of corrections 10 3 for the benefit of each of the eight judicial district 10 4 departments of correctional services as local government 10 5 grants, as defined pursuant to federal regulations. 10 6 5. The department of corrections shall continue to contract 10 7 with a judicial district department of correctional services to 10 8 provide for the rental of electronic monitoring equipment which 10 9 shall be available statewide. 10 10 6. The public safety assessment shall not be utilized 10 11 in pretrial hearings when determining whether to detain or 10 12 release a defendant before trial, and the use of the public 10 13 safety assessment pilot program shall be terminated as of the 10 14 effective date of this subsection, until such time the use of 10 15 the public safety assessment has been specifically authorized 10 16 by the general assembly. 10 17 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 10 18 to read as follows: 10 19 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 10 20 1. There is appropriated from the general fund of the 10 21 state to the Iowa law enforcement academy for the fiscal year 10 22 beginning July 1, 2018, and ending June 30, 2019, the following 10 23 amount, or so much thereof as is necessary, to be used for the 10 24 purposes designated: 10 25 For salaries, support, maintenance, and miscellaneous 10 26 purposes, including jailer training and technical assistance, 10 27 and for not more than the following full=time equivalent 10 28 positions: 10 29 .................................................. $477,37810 30 971,341 10 31 ............................................... FTEs25.0010 32 26.00 10 33 The Iowa law enforcement academy may temporarily exceed and 10 34 draw more than the amount appropriated in this subsection and 10 35 incur a negative cash balance as long as there are receivables 11 1 equal to or greater than the negative balance and the amount 11 2 appropriated in this subsection is not exceeded at the close 11 3 of the fiscal year. 11 4 2. The Iowa law enforcement academy may select at least 11 5 five automobiles of the department of public safety, division 11 6 of state patrol, prior to turning over the automobiles to 11 7 the department of administrative services to be disposed 11 8 of by public auction, and the Iowa law enforcement academy 11 9 may exchange any automobile owned by the academy for each 11 10 automobile selected if the selected automobile is used in 11 11 training law enforcement officers at the academy. However, any 11 12 automobile exchanged by the academy shall be substituted for 11 13 the selected vehicle of the department of public safety and 11 14 sold by public auction with the receipts being deposited in the 11 15 depreciation fund to the credit of the department of public 11 16 safety, division of state patrol. 11 17 3. The Iowa law enforcement academy shall provide training 11 18 for domestic abuse and human trafficking=related issues 11 19 throughout the state. The training shall be offered at no 11 20 cost to the attendees and the training shall not replace any 11 21 existing domestic abuse or human trafficking training offered 11 22 by the academy. 11 23 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 11 24 to read as follows: 11 25 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 11 26 the general fund of the state to the office of the state public 11 27 defender of the department of inspections and appeals for the 11 28 fiscal year beginning July 1, 2018, and ending June 30, 2019, 11 29 the following amounts, or so much thereof as is necessary, to 11 30 be used for the purposes designated: 11 31 1. For salaries, support, maintenance, and miscellaneous 11 32 purposes, and for not more than the following full=time 11 33 equivalent positions: 11 34 .................................................. $13,091,12211 35 26,505,299 12 1 ............................................... FTEs 223.00 12 2 2. For payments on behalf of eligible adults and juveniles 12 3 from the indigent defense fund, in accordance with section 12 4 815.11: 12 5 .................................................. $16,722,22412 6 35,144,448 12 7 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 12 8 to read as follows: 12 9 SEC. 38. BOARD OF PAROLE. There is appropriated from the 12 10 general fund of the state to the board of parole for the fiscal 12 11 year beginning July 1, 2018, and ending June 30, 2019, the 12 12 following amount, or so much thereof as is necessary, to be 12 13 used for the purposes designated: 12 14 For salaries, support, maintenance, and miscellaneous 12 15 purposes, and for not more than the following full=time 12 16 equivalent positions: 12 17 .................................................. $595,86612 18 1,221,374 12 19 ............................................... FTEs 10.75 12 20 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 12 21 to read as follows: 12 22 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 12 23 1. There is appropriated from the general fund of the 12 24 state to the department of public defense, for the fiscal year 12 25 beginning July 1, 2018, and ending June 30, 2019, the following 12 26 amounts, or so much thereof as is necessary, to be used for the 12 27 purposes designated: 12 28 For salaries, support, maintenance, and miscellaneous 12 29 purposes, and for not more than the following full=time 12 30 equivalent positions: 12 31 .................................................. $3,111,66212 32 6,334,961 12 33 ............................................... FTEs 248.00 12 34 2. The department of public defense may temporarily exceed 12 35 and draw more than the amount appropriated in this section and 13 1 incur a negative cash balance as long as there are receivables 13 2 of federal funds equal to or greater than the negative balance 13 3 and the amount appropriated in this section is not exceeded at 13 4 the close of the fiscal year. 13 5 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 13 6 to read as follows: 13 7 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 13 8 MANAGEMENT. 13 9 1. There is appropriated from the general fund of the state 13 10 to the department of homeland security and emergency management 13 11 for the fiscal year beginning July 1, 2018, and ending June 13 12 30, 2019, the following amounts, or so much thereof as is 13 13 necessary, to be used for the purposes designated: 13 14 For salaries, support, maintenance, and miscellaneous 13 15 purposes, and for not more than the following full=time 13 16 equivalent positions: 13 17 .................................................. $1,060,96413 18 2,123,610 13 19 ............................................... FTEs 33.87 13 20 2. The department of homeland security and emergency 13 21 management may temporarily exceed and draw more than the amount 13 22 appropriated in this section and incur a negative cash balance 13 23 as long as there are receivables of federal funds equal to or 13 24 greater than the negative balance and the amount appropriated 13 25 in this section is not exceeded at the close of the fiscal 13 26 year. 13 27 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 13 28 to read as follows: 13 29 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 13 30 from the general fund of the state to the department of public 13 31 safety for the fiscal year beginning July 1, 2018, and ending 13 32 June 30, 2019, the following amounts, or so much thereof as is 13 33 necessary, to be used for the purposes designated: 13 34 1. For the department's administrative functions, including 13 35 salaries and the adjustment of salaries throughout the 14 1 department, the criminal justice information system, and for 14 2 not more than the following full=time equivalent positions: 14 3 .................................................. $2,071,56614 4 6,631,377 14 5 ............................................... FTEs 37.00 14 6 2. For the division of criminal investigation, including 14 7 the state's contribution to the peace officers' retirement, 14 8 accident, and disability system provided in chapter 97A in the 14 9 amount of the state's normal contribution rate, as defined in 14 10 section 97A.8, multiplied by the salaries for which the moneys 14 11 are appropriated, to meet federal fund matching requirements, 14 12 and for not more than the following full=time equivalent 14 13 positions: 14 14 .................................................. $6,795,27214 15 14,463,083 14 16 ............................................... FTEs160.0014 17 162.00 14 18 a. As a condition of the appropriation in this subsection, 14 19 the division of criminal investigation shall expend up to 14 20 $200,000 to employ 2.0 full=time equivalent positions to assist 14 21 in expediting the processing and analysis of DNA samples. 14 22 b. The division of criminal investigation may employ two of 14 23 the three additional full=time equivalent positions authorized 14 24 pursuant to this subsection that are in excess of the number 14 25 of full=time equivalent positions authorized for the previous 14 26 fiscal year only if the division of criminal investigation 14 27 receives sufficient federal moneys to maintain employment for 14 28 the additional 2.00 full=time equivalent positions during the 14 29 current fiscal year. The division of criminal investigation 14 30 shall only employ the additional 2.00 full=time equivalent 14 31 positions in succeeding fiscal years if sufficient federal 14 32 moneys are received during each of those succeeding fiscal 14 33 years. 14 34 3. For the criminalistics laboratory fund created in 14 35 section 691.9: 15 1 .................................................. $151,17315 2 302,345 15 3 4. a. For the division of narcotics enforcement, including 15 4 the state's contribution to the peace officers' retirement, 15 5 accident, and disability system provided in chapter 97A in the 15 6 amount of the state's normal contribution rate, as defined in 15 7 section 97A.8, multiplied by the salaries for which the moneys 15 8 are appropriated, to meet federal fund matching requirements, 15 9 and for not more than the following full=time equivalent 15 10 positions: 15 11 .................................................. $3,726,65015 12 7,585,873 15 13 ............................................... FTEs 66.50 15 14 The division of narcotics enforcement may employ an 15 15 additional 1.00 full=time equivalent position authorized 15 16 pursuant to this lettered paragraph that is in excess of 15 17 the number of full=time equivalent positions authorized for 15 18 the previous fiscal year only if the division of narcotics 15 19 enforcement receives sufficient federal moneys to maintain 15 20 employment for the additional full=time equivalent position 15 21 during the current fiscal year. The division of narcotics 15 22 enforcement shall only employ the additional full=time 15 23 equivalent position in succeeding fiscal years if sufficient 15 24 federal moneys are received during each of those succeeding 15 25 fiscal years. 15 26 b. For the division of narcotics enforcement for undercover 15 27 purchases: 15 28 .................................................. $54,52115 29 109,042 15 30 5. For the division of state fire marshal, for fire 15 31 protection services as provided through the state fire service 15 32 and emergency response council as created in the department, 15 33 and for the state's contribution to the peace officers' 15 34 retirement, accident, and disability system provided in chapter 15 35 97A in the amount of the state's normal contribution rate, 16 1 as defined in section 97A.8, multiplied by the salaries for 16 2 which the moneys are appropriated, and for not more than the 16 3 following full=time equivalent positions: 16 4 .................................................. $2,343,35716 5 4,765,056 16 6 ............................................... FTEs 53.00 16 7 As a condition of receiving the appropriation in this 16 8 subsection, the commissioner of the department of public safety 16 9 shall appoint the administrator of the fire service training 16 10 bureau of the division of state fire marshal as provided in 16 11 section 100B.7. 16 12 6. For the division of state patrol, for salaries, support, 16 13 maintenance, workers' compensation costs, and miscellaneous 16 14 purposes, including the state's contribution to the peace 16 15 officers' retirement, accident, and disability system provided 16 16 in chapter 97A in the amount of the state's normal contribution 16 17 rate, as defined in section 97A.8, multiplied by the salaries 16 18 for which the moneys are appropriated, and for not more than 16 19 the following full=time equivalent positions: 16 20 .................................................. $30,683,17016 21 62,126,287 16 22 ............................................... FTEs 511.40 16 23 It is the intent of the general assembly that members of the 16 24 state patrol be assigned to patrol the highways and roads in 16 25 lieu of assignments for inspecting school buses for the school 16 26 districts. 16 27 7. For deposit in the sick leave benefits fund established 16 28 under section 80.42 for all departmental employees eligible to 16 29 receive benefits for accrued sick leave under the collective 16 30 bargaining agreement: 16 31 .................................................. $139,75916 32 279,517 16 33 8. For costs associated with the training and equipment 16 34 needs of volunteer fire fighters: 16 35 .................................................. $412,76017 1 825,520 17 2 a. Notwithstanding section 8.33, moneys appropriated in 17 3 this subsection that remain unencumbered or unobligated at the 17 4 close of the fiscal year shall not revert but shall remain 17 5 available for expenditure only for the purpose designated in 17 6 this subsection until the close of the succeeding fiscal year. 17 7 b. Notwithstanding section 8.39, the department of public 17 8 safety may reallocate moneys appropriated in this section 17 9 as necessary to best fulfill the needs provided for in the 17 10 appropriation. However, the department shall not reallocate 17 11 moneys appropriated to the department in this section unless 17 12 notice of the reallocation is given to the legislative services 17 13 agency and the department of management prior to the effective 17 14 date of the reallocation. The notice shall include information 17 15 regarding the rationale for reallocating the moneys. The 17 16 department shall not reallocate moneys appropriated in this 17 17 section for the purpose of eliminating any program. 17 18 9. For the public safety interoperable and broadband 17 19 communications fund established in section 80.44: 17 20 .................................................. $57,83117 21 115,661 17 22 10. For the office to combat human trafficking established 17 23 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 17 24 1077, section 1, including salaries, support, maintenance, 17 25 miscellaneous purposes, and for not more than the following 17 26 full=time equivalent positions: 17 27 .................................................. $75,00017 28 150,000 17 29 ............................................... FTEs 2.00 17 3011. For department=wide duties, including operations, 17 31 costs, and miscellaneous purposes:17 32.................................................. $ 917,48717 33 Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 17 34 to read as follows: 17 35 SEC. 42. GAMING ENFORCEMENT. 18 1 1. There is appropriated from the gaming enforcement 18 2 revolving fund created in section 80.43 to the department of 18 3 public safety for the fiscal year beginning July 1, 2018, and 18 4 ending June 30, 2019, the following amount, or so much thereof 18 5 as is necessary, to be used for the purposes designated: 18 6 For any direct support costs for agents and officers of 18 7 the division of criminal investigation's excursion gambling 18 8 boat, gambling structure, and racetrack enclosure enforcement 18 9 activities, including salaries, support, maintenance, and 18 10 miscellaneous purposes, and for not more than the following 18 11 full=time equivalent positions: 18 12 .................................................. $4,872,63618 13 10,239,218 18 14 ............................................... FTEs 73.00 18 15 2. For each additional license to conduct gambling games on 18 16 an excursion gambling boat, gambling structure, or racetrack 18 17 enclosure issued during the fiscal year beginning July 1, 2018, 18 18 there is appropriated from the gaming enforcement fund to the 18 19 department of public safety for the fiscal year beginning July 18 20 1, 2018, and ending June 30, 2019, an additional amount of not 18 21 more than $300,000 to be used for not more than 3.00 additional 18 22 full=time equivalent positions. 18 23 3. The department of public safety, with the approval of the 18 24 department of management, may employ no more than three special 18 25 agents for each additional riverboat or gambling structure 18 26 regulated after July 1, 2018, and three special agents for 18 27 each racing facility which becomes operational during the 18 28 fiscal year which begins July 1, 2018. Positions authorized 18 29 in this subsection are in addition to the full=time equivalent 18 30 positions otherwise authorized in this section. 18 31 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 18 32 to read as follows: 18 33 SEC. 43. CIVIL RIGHTS COMMISSION. 18 34 1. There is appropriated from the general fund of the state 18 35 to the Iowa state civil rights commission for the fiscal year 19 1 beginning July 1, 2018, and ending June 30, 2019, the following 19 2 amount, or so much thereof as is necessary, to be used for the 19 3 purposes designated: 19 4 For salaries, support, maintenance, and miscellaneous 19 5 purposes, and for not more than the following full=time 19 6 equivalent positions: 19 7 .................................................. $578,53119 8 1,198,266 19 9 ............................................... FTEs 30.00 19 10 2. The Iowa state civil rights commission may enter into 19 11 a contract with a nonprofit organization to provide legal 19 12 assistance to resolve civil rights complaints. 19 13 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 19 14 to read as follows: 19 15 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 19 16 1. There is appropriated from the general fund of the state 19 17 to the criminal and juvenile justice planning division of the 19 18 department of human rights for the fiscal year beginning July 19 19 1, 2018, and ending June 30, 2019, the following amount or 19 20 so much thereof as is necessary, to be used for the purposes 19 21 designated: 19 22 For salaries, support, maintenance, and miscellaneous 19 23 purposes, and for not more than the following full=time 19 24 equivalent positions: 19 25 .................................................. $593,91719 26 1,209,410 19 27 ............................................... FTEs 9.56 19 28 2. The criminal and juvenile justice planning advisory 19 29 council and the juvenile justice advisory council shall 19 30 coordinate their efforts in carrying out their respective 19 31 duties relative to juvenile justice. 19 32 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 19 33 to read as follows: 19 34 SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 19 35 MANAGEMENT. There is appropriated from theE911911 emergency 20 1 communications fund created in section 34A.7A to the department 20 2 of homeland security and emergency management for the fiscal 20 3 year beginning July 1, 2018, and ending June 30, 2019, the 20 4 following amount, or so much thereof as is necessary, to be 20 5 used for the purposes designated: 20 6 For implementation, support, and maintenance of the 20 7 functions of the administrator and program manager under 20 8 chapter 34A and to employ the auditor of the state to perform 20 9 an annual audit of theE911911 emergency communications fund: 20 10 .................................................. $125,00020 11 250,000 20 12 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 20 13 the following new section: 20 14 NEW SECTION.SEC. 46. CONSUMER EDUCATION AND 20 15 LITIGATION ==== FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 20 16 CLAIMS. Notwithstanding section 714.16C, there is appropriated 20 17 from the consumer education and litigation fund to the 20 18 department of justice for the fiscal year beginning July 1, 20 19 2018, and ending June 30, 2019, the following amount, or so 20 20 much thereof as is necessary, to be used for the purposes 20 21 designated: 20 22 a. For farm mediation services as specified in section 20 23 13.13, subsection 2: 20 24 .................................................. $ 300,000 20 25 b. For salaries, support, maintenance, and miscellaneous 20 26 purposes for criminal prosecutions, criminal appeals, and 20 27 performing duties pursuant to chapter 669: 20 28 .................................................. $ 1,000,000 20 29 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 20 30 is amended by striking the paragraph. 20 31 Sec. 18. NEW SECTION. 80.46 Public safety support trust 20 32 fund. 20 33 1. A public safety support trust fund is established in 20 34 the state treasury under the control of the department. The 20 35 department may receive and accept donations, grants, loans, and 21 1 contributions in accordance with section 565.3 from any public 21 2 or private source for deposit into the trust fund. Moneys 21 3 credited to the trust fund are appropriated to the department 21 4 for the purpose of supporting the activities of the department. 21 5 2. Notwithstanding section 8.33, moneys in the trust fund 21 6 shall not revert. Notwithstanding section 12C.7, subsection 21 7 2, interest or earnings on moneys deposited in the trust fund 21 8 shall be credited to the trust fund. 21 9 Sec. 19. NEW SECTION. 719.9 Use of unmanned aerial vehicle 21 10 ==== prohibitions. 21 11 1. As used in this section: 21 12 a. "Facility" means a county jail, municipal holding 21 13 facility, secure facility for the detention or custody 21 14 of juveniles, community=based correctional facility, or 21 15 institution under the management of the department of 21 16 corrections. 21 17 b. "Unmanned aerial vehicle" means a vehicle or device 21 18 that uses aerodynamic forces to achieve flight and is piloted 21 19 remotely. 21 20 2. A person shall not operate an unmanned aerial vehicle 21 21 knowing that the unmanned aerial vehicle is operating in, on, 21 22 or above a facility and any contiguous real property comprising 21 23 the surrounding grounds of the facility, unless the unmanned 21 24 aerial vehicle is operated by a law enforcement agency or the 21 25 person has permission from the authority in charge of the 21 26 facility to operate an unmanned aerial vehicle in, on, or above 21 27 such facility. 21 28 3. This section does not apply to an unmanned aerial 21 29 vehicle while operating for commercial use in compliance with 21 30 federal aviation administration regulations, authorizations, 21 31 or exemptions. 21 32 4. A person who violates this section commits a class "D" 21 33 felony. 21 34 Sec. 20. Section 904.310A, Code 2018, is amended by striking 21 35 the section and inserting in lieu thereof the following: 22 1 904.310A Information or materials ==== distribution. 22 2 1. Funds appropriated to the department or other funds made 22 3 available to the department shall not be used to distribute 22 4 or make available any commercially published information or 22 5 material to an inmate when such information or material is 22 6 sexually explicit or features nudity. 22 7 2. The department shall adopt rules pursuant to chapter 17A 22 8 to administer this section. 22 9 Sec. 21. EFFECTIVE DATE. The following, being deemed of 22 10 immediate importance, takes effect upon enactment: 22 11 The portion of this Act amending 2017 Iowa Acts, chapter 167, 22 12 section 31, prohibiting the utilization of the public safety 22 13 assessment in pretrial hearings. HF 2492 (2) 87 jm/rn/md
