House File 727 - Introduced HOUSE FILE 727 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 251) (COMPANION TO SF 562 BY COMMITTEE ON APPROPRIATIONS) A BILL FOR An Act relating to and making appropriations to the justice 1 system, including by providing for payments associated 2 with indigent defense and representation, the funding 3 of activities relating to consumer fraud and antitrust, 4 a corrections capital reinvestment fund, an Iowa law 5 enforcement academy study, a human trafficking study, and 6 the funding of peace officer retirement, and including 7 effective date and retroactive applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 1005HV (2) 90 as/ns
H.F. 727 DIVISION I 1 FY 2023-2024 APPROPRIATIONS 2 Section 1. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2023, and ending June 30, 2024, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for 9 salaries, support, maintenance, and miscellaneous purposes, 10 including the prosecuting attorneys training program, matching 11 funds for federal violence against women grant programs, 12 victim assistance grants, the office of drug control policy 13 prosecuting attorney program, and odometer fraud enforcement, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,749,860 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 228.00 18 As a condition of receiving the appropriation provided 19 in this lettered paragraph, the department of justice shall 20 maintain a record of the estimated time incurred representing 21 each agency or department. 22 The general office of attorney general may temporarily 23 exceed and draw more than the amount appropriated in this 24 lettered paragraph and incur a negative cash balance as long 25 as there are receivables equal to or greater than the negative 26 balances and the amount appropriated in this lettered paragraph 27 is not exceeded at the close of the fiscal year. 28 b. For victim assistance grants: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 30 The moneys appropriated in this lettered paragraph shall be 31 used to provide grants to care providers providing services to 32 crime victims of domestic abuse or to crime victims of rape and 33 sexual assault. 34 The balance of the victim compensation fund established 35 -1- LSB 1005HV (2) 90 as/ns 1/ 29
H.F. 727 in section 915.94 may be used to provide salary and support 1 of not more than 24.00 full-time equivalent positions and to 2 provide maintenance for the victim compensation functions 3 of the department of justice. In addition to the full-time 4 equivalent positions authorized pursuant to this paragraph, 5 7.00 full-time equivalent positions are authorized and shall 6 be used by the department of justice to employ one accountant 7 and four program planners. The department of justice may 8 employ the additional 7.00 full-time equivalent positions 9 authorized pursuant to this paragraph that are in excess of the 10 number of full-time equivalent positions authorized only if 11 the department of justice receives sufficient federal moneys 12 to maintain employment for the additional full-time equivalent 13 positions during the current fiscal year. The department 14 of justice shall only employ the additional 7.00 full-time 15 equivalent positions in succeeding fiscal years if sufficient 16 federal moneys are received during each of those succeeding 17 fiscal years. 18 The department of justice shall transfer at least $150,000 19 from the victim compensation fund established in section 915.94 20 to the victim assistance grant program established in section 21 13.31. 22 Notwithstanding section 8.33, moneys appropriated in this 23 lettered paragraph that remain unencumbered or unobligated at 24 the close of the fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated until the 26 close of the succeeding fiscal year. 27 c. For legal services for persons in poverty grants as 28 provided in section 13.34: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 30 d. To improve the department of justices cybersecurity and 31 technology infrastructure: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,060 33 2. a. The department of justice, in submitting budget 34 estimates for the fiscal year beginning July 1, 2024, pursuant 35 -2- LSB 1005HV (2) 90 as/ns 2/ 29
H.F. 727 to section 8.23, shall include a report of funding from sources 1 other than amounts appropriated directly from the general fund 2 of the state to the department of justice or to the office of 3 consumer advocate. These funding sources shall include but 4 are not limited to reimbursements from other state agencies, 5 commissions, boards, or similar entities, and reimbursements 6 from special funds or internal accounts within the department 7 of justice. The department of justice shall also report actual 8 reimbursements for the fiscal year beginning July 1, 2022, 9 and actual and expected reimbursements for the fiscal year 10 beginning July 1, 2023. 11 b. The department of justice shall include the report 12 required under paragraph a, as well as information regarding 13 any revisions occurring as a result of reimbursements actually 14 received or expected at a later date, in a report to the 15 general assembly. The department of justice shall submit the 16 report on or before January 15, 2024. 17 3. a. The department of justice shall fully reimburse 18 the costs and necessary related expenses incurred by the Iowa 19 law enforcement academy to continue to employ one additional 20 instructor position who shall provide training for human 21 trafficking-related issues throughout the state. 22 b. The department of justice shall obtain the moneys 23 necessary to reimburse the Iowa law enforcement academy to 24 employ such an instructor from unrestricted moneys from either 25 the victim compensation fund established in section 915.94 or 26 the human trafficking victim fund established in section 915.95 27 or the human trafficking enforcement fund established in 2015 28 Iowa Acts, chapter 138, section 141. 29 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the commerce revolving fund created in section 546.12, as 31 amended by 2023 Iowa Acts, Senate File 514, to the office of 32 consumer advocate of the department of justice for the fiscal 33 year beginning July 1, 2023, and ending June 30, 2024, the 34 following amount, or so much thereof as is necessary, to be 35 -3- LSB 1005HV (2) 90 as/ns 3/ 29
H.F. 727 used for the purposes designated: 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,378,093 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.00 6 The office of consumer advocate shall include in its charges 7 assessed or revenues generated an amount sufficient to cover 8 the amount stated in its appropriation and any state-assessed 9 indirect costs determined by the department of administrative 10 services. 11 Sec. 3. DEPARTMENT OF CORRECTIONS FACILITIES. 12 1. There is appropriated from the general fund of the state 13 to the department of corrections for the fiscal year beginning 14 July 1, 2023, and ending June 30, 2024, the following amounts, 15 or so much thereof as is necessary, to be used for the purposes 16 designated: 17 a. For the operation of the Fort Madison correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,192,771 21 b. For the operation of the Anamosa correctional facility, 22 including salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,022,808 25 c. For the operation of the Oakdale correctional facility, 26 including salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,368,832 29 d. For the Oakdale correctional facility for 30 department-wide institutional pharmaceuticals and miscellaneous 31 purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,550,417 33 e. For the operation of the Newton correctional facility, 34 including salaries, support, maintenance, and miscellaneous 35 -4- LSB 1005HV (2) 90 as/ns 4/ 29
H.F. 727 purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,437,665 2 f. For the operation of the Mount Pleasant correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,642,429 6 g. For the operation of the Rockwell City correctional 7 facility, including salaries, support, maintenance, and 8 miscellaneous purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,090,142 10 h. For the operation of the Clarinda correctional facility, 11 including salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,355,684 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 i. For the operation of the Mitchellville correctional 20 facility, including salaries, support, maintenance, and 21 miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,946,721 23 j. For the operation of the Fort Dodge correctional 24 facility, including salaries, support, maintenance, and 25 miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,742,479 27 k. For reimbursement of counties for temporary confinement 28 of prisoners, as provided in sections 901.7, 904.908, and 29 906.17, and for offenders confined pursuant to section 904.513: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,195,319 31 l. For federal prison reimbursement, reimbursements for 32 out-of-state placements, and miscellaneous contracts: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 34 2. The department of corrections shall use moneys 35 -5- LSB 1005HV (2) 90 as/ns 5/ 29
H.F. 727 appropriated in subsection 1 to continue to contract for the 1 services of a Muslim imam and a Native American spiritual 2 leader. 3 Sec. 4. DEPARTMENT OF CORRECTIONS ADMINISTRATION. 4 There is appropriated from the general fund of the state to the 5 department of corrections for the fiscal year beginning July 6 1, 2023, and ending June 30, 2024, the following amounts, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 1. For general administration, including salaries and the 10 adjustment of salaries throughout the department, support, 11 maintenance, employment of an education director to administer 12 a centralized education program for the correctional system, 13 and miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,313,331 15 a. It is the intent of the general assembly that each 16 lease negotiated by the department of corrections with a 17 private corporation for the purpose of providing private 18 industry employment of inmates in a correctional institution 19 shall prohibit the private corporation from utilizing inmate 20 labor for partisan political purposes for any person seeking 21 election to public office in this state and that a violation 22 of this requirement shall result in a termination of the lease 23 agreement. 24 b. It is the intent of the general assembly that as a 25 condition of receiving the appropriation provided in this 26 subsection the department of corrections shall not enter into 27 a lease or contractual agreement pursuant to section 904.809 28 with a private corporation for the use of building space for 29 the purpose of providing inmate employment without providing 30 that the terms of the lease or contract establish safeguards to 31 restrict, to the greatest extent feasible, access by inmates 32 working for the private corporation to personal identifying 33 information of citizens. 34 2. For educational programs for inmates at state penal 35 -6- LSB 1005HV (2) 90 as/ns 6/ 29
H.F. 727 institutions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 2 a. To maximize the funding for educational programs, 3 the department shall establish guidelines and procedures to 4 prioritize the availability of educational and vocational 5 training for inmates based upon the goal of facilitating an 6 inmates successful release from the correctional institution. 7 b. The director of the department of corrections may 8 transfer moneys from Iowa prison industries and the canteen 9 operating funds established pursuant to section 904.310, for 10 use in educational programs for inmates. 11 c. Notwithstanding section 8.33, moneys appropriated in 12 this subsection that remain unencumbered or unobligated at the 13 close of the fiscal year shall not revert but shall remain 14 available to be used only for the purposes designated in this 15 subsection until the close of the succeeding fiscal year. 16 3. For the development and operation of the Iowa corrections 17 offender network (ICON) data system: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 19 4. For offender mental health and substance abuse 20 treatment: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 22 5. For department-wide duties, including operations, costs, 23 and miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,974,108 25 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 26 SERVICES. 27 1. There is appropriated from the general fund of the state 28 to the department of corrections for the fiscal year beginning 29 July 1, 2023, and ending June 30, 2024, for salaries, support, 30 maintenance, and miscellaneous purposes, the following amounts, 31 or so much thereof as is necessary, to be used for the purposes 32 designated: 33 a. For the first judicial district department of 34 correctional services: 35 -7- LSB 1005HV (2) 90 as/ns 7/ 29
H.F. 727 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,207,339 1 It is the intent of the general assembly that the first 2 judicial district department of correctional services maintains 3 the drug courts operated by the district department. 4 b. For the second judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,789,649 7 It is the intent of the general assembly that the second 8 judicial district department of correctional services maintains 9 two drug courts to be operated by the district department. 10 c. For the third judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,710,790 13 d. For the fourth judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,193,805 16 e. For the fifth judicial district department of 17 correctional services, including funding for electronic 18 monitoring devices for use on a statewide basis: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,440,024 20 It is the intent of the general assembly that the fifth 21 judicial district department of correctional services maintains 22 the drug court operated by the district department. 23 f. For the sixth judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,755,370 26 It is the intent of the general assembly that the sixth 27 judicial district department of correctional services maintains 28 the drug court operated by the district department. 29 g. For the seventh judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,362,851 32 It is the intent of the general assembly that the seventh 33 judicial district department of correctional services maintains 34 the drug court operated by the district department. 35 -8- LSB 1005HV (2) 90 as/ns 8/ 29
H.F. 727 h. For the eighth judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,238,778 3 2. Each judicial district department of correctional 4 services, within the moneys available, shall continue programs 5 and plans established within that district to provide for 6 intensive supervision, sex offender treatment, diversion of 7 low-risk offenders to the least restrictive sanction available, 8 job development, and expanded use of intermediate criminal 9 sanctions. 10 3. Each judicial district department of correctional 11 services shall provide alternatives to prison consistent with 12 chapter 901B. The alternatives to prison shall ensure public 13 safety while providing maximum rehabilitation to the offender. 14 A judicial district department of correctional services may 15 also establish a day program. 16 4. The office of drug control policy of the department 17 of public safety shall consider federal grants made to the 18 department of corrections for the benefit of each of the eight 19 judicial district departments of correctional services as local 20 government grants, as defined pursuant to federal regulations. 21 5. The department of corrections shall continue to contract 22 with a judicial district department of correctional services to 23 provide for the rental of electronic monitoring equipment which 24 shall be available statewide. 25 6. The public safety assessment shall not be utilized in 26 pretrial hearings when determining whether to detain or release 27 a defendant before trial until such time the use of the public 28 safety assessment has been specifically authorized by the 29 general assembly. 30 Sec. 6. DEPARTMENT OF CORRECTIONS REALLOCATION OF 31 APPROPRIATIONS. Notwithstanding section 8.39, within the 32 moneys appropriated in this division of this Act to the 33 department of corrections, the department may reallocate the 34 moneys appropriated and allocated as necessary to best fulfill 35 -9- LSB 1005HV (2) 90 as/ns 9/ 29
H.F. 727 the needs of the correctional institutions, administration 1 of the department, and the judicial district departments of 2 correctional services. However, in addition to complying with 3 the requirements of sections 904.116 and 905.8 and providing 4 notice to the legislative services agency, the department 5 of corrections shall also provide notice to the department 6 of management, prior to the effective date of the revision 7 or reallocation of an appropriation made pursuant to this 8 section. The department of corrections shall not reallocate an 9 appropriation or allocation for the purpose of eliminating any 10 program. 11 Sec. 7. INTENT REPORTS. 12 1. The department of corrections, in cooperation with 13 townships, the Iowa cemetery associations, and other nonprofit 14 or governmental entities, may use inmate labor during the 15 fiscal year beginning July 1, 2023, to restore or preserve 16 rural cemeteries and historical landmarks. The department, in 17 cooperation with the counties, may also use inmate labor to 18 clean up roads, major water sources, and other water sources 19 around the state. 20 2. By January 15, 2024, the department shall provide an 21 annual status report regarding private-sector employment to 22 the general assembly. The report shall include the number 23 of offenders employed in the private sector, the combined 24 number of hours worked by the offenders, the total amount of 25 allowances, and the distribution of allowances pursuant to 26 section 904.702, including any moneys deposited in the general 27 fund of the state. 28 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 29 corrections shall submit a report on electronic monitoring 30 to the general assembly by January 15, 2024. The report 31 shall specifically address the number of persons being 32 electronically monitored and break down the number of persons 33 being electronically monitored by offense committed. The 34 report shall also include a comparison of any data from the 35 -10- LSB 1005HV (2) 90 as/ns 10/ 29
H.F. 727 prior fiscal year with the current fiscal year. 1 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 2 1. As used in this section, unless the context otherwise 3 requires, state agency means the government of the state 4 of Iowa, including but not limited to all executive branch 5 departments, agencies, boards, bureaus, and commissions, the 6 judicial branch, the general assembly and all legislative 7 agencies, institutions within the purview of the state board of 8 regents, and any corporation whose primary function is to act 9 as an instrumentality of the state. 10 2. State agencies are encouraged to purchase products from 11 Iowa state industries, as defined in section 904.802, when 12 purchases are required and the products are available from 13 Iowa state industries. State agencies shall obtain bids from 14 Iowa state industries for purchases of office furniture during 15 the fiscal year beginning July 1, 2023, exceeding $5,000 or 16 in accordance with applicable administrative rules related to 17 purchases for the agency. 18 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of the 20 state to the Iowa law enforcement academy for the fiscal year 21 beginning July 1, 2023, and ending June 30, 2024, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 a. For salaries, support, maintenance, and miscellaneous 25 purposes, including jailer training and technical assistance, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,238,504 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.25 30 b. The Iowa law enforcement academy may temporarily exceed 31 and draw more than the amount appropriated in this subsection 32 and incur a negative cash balance as long as there are 33 receivables equal to or greater than the negative balance and 34 the amount appropriated in this subsection is not exceeded at 35 -11- LSB 1005HV (2) 90 as/ns 11/ 29
H.F. 727 the close of the fiscal year. 1 2. The Iowa law enforcement academy may select at least 2 five automobiles of the department of public safety, division 3 of state patrol, prior to turning over the automobiles to 4 the department of administrative services to be disposed 5 of by public auction, and the Iowa law enforcement academy 6 may exchange any automobile owned by the academy for each 7 automobile selected if the selected automobile is used in 8 training law enforcement officers at the academy. However, any 9 automobile exchanged by the academy shall be substituted for 10 the selected vehicle of the department of public safety and 11 sold by public auction with the receipts being deposited in the 12 depreciation fund maintained pursuant to section 8A.365 to the 13 credit of the department of public safety, division of state 14 patrol. 15 3. The Iowa law enforcement academy shall provide training 16 for domestic abuse and human trafficking-related issues 17 throughout the state. The training shall be offered at no 18 cost to the attendees and the training shall not replace any 19 existing domestic abuse or human trafficking training offered 20 by the academy. 21 Sec. 11. STATE PUBLIC DEFENDER. 22 1. There is appropriated from the general fund of the state 23 to the office of the state public defender of the department 24 of inspections, appeals, and licensing for the fiscal year 25 beginning July 1, 2023, and ending June 30, 2024, the following 26 amounts, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 a. For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,718,203 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 241.00 33 b. For payments on behalf of eligible adults and juveniles 34 from the indigent defense fund, in accordance with section 35 -12- LSB 1005HV (2) 90 as/ns 12/ 29
H.F. 727 815.11: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,046,374 2 2. Moneys received by the office of the state public 3 defender pursuant to Tit. IV-E of the federal Social Security 4 Act remaining unencumbered and unobligated at the end of the 5 fiscal year shall not revert but shall be transferred to the 6 Tit. IV-E juvenile justice improvement fund created in 2022 7 Iowa Acts, chapter 1146, section 11, subsection 3, to remain 8 available for expenditure by the office of the state public 9 defender in succeeding fiscal years for the purposes allowed by 10 Tit. IV-E of the federal Social Security Act. 11 Sec. 12. 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, 2023, and ending June 30, 2024, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,517,894 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 21 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 22 1. There is appropriated from the general fund of the 23 state to the department of public defense, for the fiscal year 24 beginning July 1, 2023, and ending June 30, 2024, 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, and for not more than the following full-time 29 equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,963,037 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 32 2. The department of public defense may temporarily exceed 33 and draw more than the amount appropriated in this section and 34 incur a negative cash balance as long as there are receivables 35 -13- LSB 1005HV (2) 90 as/ns 13/ 29
H.F. 727 of federal funds equal to or greater than the negative balance 1 and the amount appropriated in this section is not exceeded at 2 the close of the fiscal year. 3 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 4 MANAGEMENT. 5 1. There is appropriated from the general fund of the state 6 to the department of homeland security and emergency management 7 for the fiscal year beginning July 1, 2023, and ending June 30, 8 2024, the following amount, or so much thereof as is necessary, 9 to be used for the purposes designated: 10 For salaries, support, maintenance, and miscellaneous 11 purposes, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,439,389 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.44 15 2. The department of homeland security and emergency 16 management may temporarily exceed and draw more than the amount 17 appropriated in this section and incur a negative cash balance 18 as long as there are receivables of federal funds equal to or 19 greater than the negative balance and the amount appropriated 20 in this section is not exceeded at the close of the fiscal 21 year. 22 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 23 from the general fund of the state to the department of public 24 safety for the fiscal year beginning July 1, 2023, and ending 25 June 30, 2024, the following amounts, or so much thereof as is 26 necessary, to be used for the purposes designated: 27 1. For administrative functions, including salaries and the 28 adjustment of salaries throughout the department, the criminal 29 justice information system, and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,920,476 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 47.00 33 2. For the division of criminal investigation, including 34 the states contribution to the peace officers retirement, 35 -14- LSB 1005HV (2) 90 as/ns 14/ 29
H.F. 727 accident, and disability system provided in chapter 97A in the 1 amount of the states normal contribution rate, as defined in 2 section 97A.8, multiplied by the salaries for which the moneys 3 are appropriated, to meet federal fund matching requirements, 4 and for not more than the following full-time equivalent 5 positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,712,633 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 180.00 8 3. For the criminalistics laboratory fund created in 9 section 691.9: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 11 Notwithstanding section 8.33, moneys appropriated in this 12 subsection that remain unencumbered or unobligated at the close 13 of the fiscal year shall not revert but shall remain available 14 for expenditure for the purposes designated until the close of 15 the succeeding fiscal year. 16 4. a. For the division of narcotics enforcement, including 17 the states contribution to the peace officers retirement, 18 accident, and disability system provided in chapter 97A in the 19 amount of the states normal contribution rate, as defined in 20 section 97A.8, multiplied by the salaries for which the moneys 21 are appropriated, to meet federal fund matching requirements, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,613,894 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 26 The division of narcotics enforcement is authorized an 27 additional 1.00 full-time equivalent position pursuant to 28 this lettered paragraph that is in excess of the number of 29 full-time equivalent positions authorized for the previous 30 fiscal year only if the division of narcotics enforcement 31 receives sufficient federal moneys to maintain employment 32 for the additional full-time equivalent position during the 33 current fiscal year. The division of narcotics enforcement 34 shall only employ the additional full-time equivalent position 35 -15- LSB 1005HV (2) 90 as/ns 15/ 29
H.F. 727 in succeeding fiscal years if sufficient federal moneys are 1 received during each of those succeeding fiscal years. 2 b. For the division of narcotics enforcement for undercover 3 purchases: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 5 5. For the division of state fire marshal, for fire 6 protection services as provided through the state fire service 7 and emergency response council as created in the department, 8 and for the states contribution to the peace officers 9 retirement, accident, and disability system provided in chapter 10 97A in the amount of the states normal contribution rate, 11 as defined in section 97A.8, multiplied by the salaries for 12 which the moneys are appropriated, and for not more than the 13 following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,230,743 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 16 6. For the division of state patrol, for salaries, support, 17 maintenance, workers compensation costs, and miscellaneous 18 purposes, including the states contribution to the peace 19 officers retirement, accident, and disability system provided 20 in chapter 97A in the amount of the states normal contribution 21 rate, as defined in section 97A.8, multiplied by the salaries 22 for which the moneys are appropriated, and for not more than 23 the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,066,931 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 613.00 26 It is the intent of the general assembly that members of the 27 state patrol be assigned to patrol the highways and roads in 28 lieu of assignments for inspecting school buses for the school 29 districts. 30 7. For deposit in the sick leave benefits fund established 31 in section 80.42 for all departmental employees eligible to 32 receive benefits for accrued sick leave under the collective 33 bargaining agreement: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 35 -16- LSB 1005HV (2) 90 as/ns 16/ 29
H.F. 727 8. For costs associated with the training and equipment 1 needs of volunteer fire fighters: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,075,520 3 Notwithstanding section 8.33, moneys appropriated in this 4 subsection that remain unencumbered or unobligated at the close 5 of the fiscal year shall not revert but shall remain available 6 for expenditure for the purposes designated in this subsection 7 until the close of the succeeding fiscal year. 8 9. For the public safety interoperable and broadband 9 communications fund established in section 80.44: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 11 10. For the office to combat human trafficking established 12 pursuant to section 80.45, including salaries, support, 13 maintenance, and miscellaneous purposes, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,742 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 17 11. For department-wide duties, including operations, 18 costs, and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,456,270 20 12. For deposit in the public safety equipment fund 21 established in section 80.48 for the purchase, maintenance, and 22 replacement of equipment used by the department: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 24 13. For the office of drug control policy, for salaries, 25 support, maintenance, and miscellaneous purposes, including 26 statewide coordination of the drug abuse resistance education 27 (D.A.R.E) programs or other similar programs, and for not more 28 than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 249,219 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 31 Notwithstanding section 8.39, the department of public 32 safety may reallocate moneys appropriated in this section 33 as necessary to best fulfill the needs provided for in the 34 appropriation. However, the department shall not reallocate 35 -17- LSB 1005HV (2) 90 as/ns 17/ 29
H.F. 727 moneys appropriated to the department in this section unless 1 notice of the reallocation is given to the legislative services 2 agency and the department of management prior to the effective 3 date of the reallocation. The notice shall include information 4 regarding the rationale for reallocating the moneys. The 5 department shall not reallocate moneys appropriated in this 6 section for the purpose of eliminating any program. 7 Sec. 16. GAMING ENFORCEMENT. 8 1. There is appropriated from the gaming enforcement 9 revolving fund created in section 80.43 to the department of 10 public safety for the fiscal year beginning July 1, 2023, and 11 ending June 30, 2024, the following amount, or so much thereof 12 as is necessary, to be used for the purposes designated: 13 For any direct support costs for agents and officers of 14 the division of criminal investigations excursion gambling 15 boat, gambling structure, and racetrack enclosure enforcement 16 activities, including salaries, support, maintenance, and 17 miscellaneous purposes, and for not more than the following 18 full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,778,483 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.00 21 2. For each additional license to conduct gambling games on 22 an excursion gambling boat, gambling structure, or racetrack 23 enclosure issued during the fiscal year beginning July 1, 2023, 24 there is appropriated from the gaming enforcement revolving 25 fund to the department of public safety for the fiscal year 26 beginning July 1, 2023, and ending June 30, 2024, an additional 27 amount of not more than $300,000 to be used for full-time 28 equivalent positions. 29 3. The department of public safety, with the approval of the 30 department of management, may employ no more than three special 31 agents for each additional riverboat or gambling structure 32 regulated after July 1, 2024, and three special agents for 33 each racing facility which becomes operational during the 34 fiscal year which begins July 1, 2024. Positions authorized 35 -18- LSB 1005HV (2) 90 as/ns 18/ 29
H.F. 727 in this subsection are in addition to the full-time equivalent 1 positions otherwise authorized in this section. 2 Sec. 17. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 3 MANAGEMENT. There is appropriated from the 911 emergency 4 communications fund created in section 34A.7A to the department 5 of homeland security and emergency management for the fiscal 6 year beginning July 1, 2023, and ending June 30, 2024, the 7 following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For implementation, support, and maintenance of the 10 functions of the administrator and program manager under 11 chapter 34A and to employ the auditor of the state to perform 12 an annual audit of the 911 emergency communications fund: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 14 Sec. 18. CONSUMER EDUCATION AND LITIGATION FARM 15 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 16 Notwithstanding section 714.16C , there is appropriated from the 17 consumer education and litigation fund to the department of 18 justice for the fiscal year beginning July 1, 2023, and ending 19 June 30, 2024, the following amounts, or so much thereof as is 20 necessary, to be used for the purposes designated: 21 1. For farm mediation services as specified in section 22 13.13, subsection 2 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 24 2. For salaries, support, maintenance, and miscellaneous 25 purposes for criminal prosecutions, criminal appeals, and 26 performing duties pursuant to chapter 669 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 28 DIVISION II 29 INDIGENT DEFENSE AND REPRESENTATION 30 Sec. 19. Section 815.7, subsections 6 and 7, Code 2023, are 31 amended to read as follows: 32 6. For appointments made on or after July 1, 2021, through 33 June 30, 2022, the reasonable compensation shall be calculated 34 on the basis of seventy-six dollars per hour for class A 35 -19- LSB 1005HV (2) 90 as/ns 19/ 29
H.F. 727 felonies, seventy-one dollars per hour for class B felonies, 1 and sixty-six dollars per hour for all other cases. 2 7. For appointments made on or after July 1, 2022, through 3 June 30, 2023, the reasonable compensation shall be calculated 4 on the basis of seventy-eight dollars per hour for class 5 A felonies, seventy-three dollars per hour for class B 6 felonies, and sixty-eight dollars per hour for all other cases. 7 Sec. 20. Section 815.7, Code 2023, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 7A. For appointments made on or after July 10 1, 2023, the reasonable compensation shall be calculated on the 11 basis of eighty-three dollars per hour for class A felonies, 12 seventy-eight dollars per hour for class B felonies, and 13 seventy-three dollars per hour for all other cases. 14 Sec. 21. NEW SECTION . 815.7A Travel time for attorney or 15 guardian ad litem. 16 1. Compensation for time spent by an attorney or guardian 17 ad litem traveling outside of the attorneys or guardian ad 18 litems county of domicile is payable when the travel is 19 reasonable and necessary to represent the indigent client and 20 shall be calculated at a rate of thirty-five dollars per hour. 21 Compensation for travel for a court proceeding other than a 22 trial or other contested proceeding shall only be paid if the 23 attorney or guardian ad litem files a motion for a remote 24 hearing and the motion is denied. This section does not affect 25 any allowable compensation for time spent traveling already 26 compensated pursuant to any other applicable provision of law. 27 2. Compensation for travel for an arraignment, pretrial 28 conference, scheduling conference, or any other uncontested or 29 nontestimonial judicial proceeding, for which a request for a 30 remote hearing was denied, paid to the attorney or guardian ad 31 litem from the indigent defense fund created in section 815.11 32 shall be reimbursed by the judicial branch. 33 3. For purposes of this section, county of domicile means 34 the address the attorney or guardian ad litem has on file with 35 -20- LSB 1005HV (2) 90 as/ns 20/ 29
H.F. 727 the office of the state public defender. 1 DIVISION III 2 ATTORNEY GENERAL ANTITRUST FUND CONSUMER EDUCATION AND 3 LITIGATION FUND 4 Sec. 22. 2014 Iowa Acts, chapter 1138, section 21, as 5 amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa 6 Acts, chapter 167, section 24, 2019 Iowa Acts, chapter 163, 7 section 26, and 2021 Iowa Acts, chapter 166, section 23, is 8 amended to read as follows: 9 SEC. 21. CONSUMER EDUCATION AND LITIGATION 10 FUND. Notwithstanding section 714.16C , for each fiscal 11 year of the period beginning July 1, 2014, and ending June 12 30, 2023 2025 , the annual appropriations in section 714.16C , 13 are increased from $1,125,000 to $1,875,000, and $75,000 to 14 $125,000 respectively. 15 Sec. 23. DEPARTMENT OF JUSTICE LITIGATION 16 FUNDS. Notwithstanding sections 553.19 and 714.16C, 17 for the fiscal years beginning July 1, 2022, and ending June 18 30, 2023, and beginning July 1, 2023, and ending June 30, 19 2024, any moneys not otherwise appropriated from the antitrust 20 fund created in section 553.19 and the consumer education and 21 litigation fund created in section 714.16C are appropriated to 22 the department of justice for salaries, support, maintenance, 23 and miscellaneous purposes necessary to perform the duties 24 described in section 13.2. 25 Sec. 24. EFFECTIVE DATE. The following, being deemed of 26 immediate importance, takes effect upon enactment: 27 The section of this division of this Act regarding the use of 28 moneys not otherwise appropriated from the antitrust fund and 29 the consumer education and litigation fund. 30 Sec. 25. RETROACTIVE APPLICABILITY. The following applies 31 retroactively to July 1, 2022: 32 The section of this division of this Act regarding the use of 33 moneys not otherwise appropriated from the antitrust fund and 34 the consumer education and litigation fund. 35 -21- LSB 1005HV (2) 90 as/ns 21/ 29
H.F. 727 DIVISION IV 1 DEPARTMENT OF CORRECTIONS 2 Sec. 26. Section 904.317, Code 2023, is amended to read as 3 follows: 4 904.317 Director may buy and sell real estate options. 5 1. The director, subject to the approval of the board, may 6 secure options to purchase real estate and acquire and sell 7 real estate for the proper uses of the institutions. Real 8 estate shall be acquired and sold upon terms and conditions 9 the director recommends subject to the approval of the board. 10 Upon sale of the real estate, the proceeds shall be deposited 11 with the treasurer of state and credited to the general fund 12 of the state in a corrections capital reinvestment fund, which 13 is established in the state treasury under the purview of 14 the department . There is appropriated from the general fund 15 of the state to the department a sum equal to the proceeds , 16 so deposited and credited to the general fund of the state 17 which may be used to purchase other real estate or for capital 18 improvements upon property under the directors supervision. 19 Notwithstanding section 8.33, moneys in the fund that remain 20 unencumbered or unobligated at the close of a fiscal year shall 21 not revert but shall remain available for expenditure for the 22 purposes designated. Notwithstanding section 12C.7, subsection 23 2, interest or earnings on moneys in the fund shall be credited 24 to the fund. 25 2. The costs incident to the securing of options and 26 acquisition and sale of real estate including, but not limited 27 to, appraisals, invitations for offers, abstracts, and other 28 necessary costs, may be paid from moneys appropriated for 29 support and maintenance to the institution at which the real 30 estate is located. The fund funding source for these costs 31 shall be reimbursed from the proceeds of the sale. 32 Sec. 27. TRANSFER. Moneys remaining in the general 33 fund of the state on June 30, 2023, from the sale of real 34 estate pursuant to section 904.317, that are available to the 35 -22- LSB 1005HV (2) 90 as/ns 22/ 29
H.F. 727 department of corrections are transferred to the corrections 1 capital reinvestment fund established in section 904.317, as 2 amended in this division of this Act. 3 Sec. 28. EFFECTIVE DATE. This division of this Act takes 4 effect June 30, 2023. 5 DIVISION V 6 IOWA LAW ENFORCEMENT ACADEMY STUDY 7 Sec. 29. IOWA LAW ENFORCEMENT ACADEMY INTERIM STUDY 8 COMMITTEE. 9 1. The legislative council is requested to establish an Iowa 10 law enforcement academy interim study committee to do all of 11 the following: 12 a. Review and evaluate minimum entrance requirements, the 13 course of study, attendance requirements, and the sufficiency 14 of current equipment and facilities. 15 b. Review and evaluate minimum basic training requirements. 16 c. Review and evaluate minimum standards of physical, 17 mental, educational, and moral fitness. 18 d. Consider additional locations for law enforcement 19 training schools and current and future facility needs. 20 2. The committee shall include all of the following members: 21 a. Ten members of the general assembly, including five 22 members of the senate, three of whom shall be appointed by 23 the majority leader of the senate and two of whom shall be 24 appointed by the minority leader of the senate, and five 25 members of the house of representatives, three of whom shall be 26 appointed by the speaker of the house of representatives and 27 two of whom shall be appointed by the minority leader of the 28 house of representatives. 29 b. The director of the Iowa law enforcement academy or the 30 directors designee. 31 c. A member of the Iowa law enforcement academy council. 32 d. A sheriff of a county with a population of fifty thousand 33 or more who is a member of the Iowa state sheriffs and deputies 34 association. 35 -23- LSB 1005HV (2) 90 as/ns 23/ 29
H.F. 727 e. A sheriff of a county with a population of less than 1 fifty thousand who is a member of the Iowa state sheriffs and 2 deputies association. 3 f. A police chief of a city with a population of fifty 4 thousand or more who is a member of the Iowa police chiefs 5 association. 6 g. A police chief of a city with a population of less 7 than fifty thousand who is a member of the Iowa police chiefs 8 association. 9 h. A police officer who is a member of a police department 10 of a city with a population of fifty thousand or more who is a 11 member of the Iowa peace officers association. 12 i. A police officer who is a member of a police department 13 of a city with a population of less than fifty thousand who is a 14 member of the Iowa peace officers association. 15 j. The commissioner of the department of public safety or 16 the commissioners designee. 17 k. A member of the Iowa county attorneys association. 18 l. The attorney general or the attorney generals designee. 19 m. The governor or the governors designee. 20 3. Members of the committee other than members of the 21 general assembly shall be nonvoting members. 22 4. The committee shall issue a report, including findings 23 and recommendations, to the governor and the general assembly 24 no later than December 15, 2023. 25 DIVISION VI 26 HUMAN TRAFFICKING STUDY 27 Sec. 30. HUMAN TRAFFICKING INTERIM STUDY COMMITTEE. 28 1. The legislative council is requested to establish a human 29 trafficking interim study committee to do all of the following: 30 a. Identify current initiatives to eliminate the human 31 trafficking of minors in the state. 32 b. Identify current services available in the state for 33 minor victims of human trafficking. 34 c. Identify and investigate the laws of other states that 35 -24- LSB 1005HV (2) 90 as/ns 24/ 29
H.F. 727 focus on minor victims of human trafficking, concentrating on 1 those states that border Iowa, to determine if another states 2 model would be effective in Iowa. Recommendations shall 3 include funding needs for any services or programs. 4 d. Research and recommend a model of rehabilitative 5 services for minor victims of human trafficking that includes 6 input from law enforcement, social services organizations, the 7 judicial system, and mental health professionals. 8 e. Identify barriers that prevent minor victims of human 9 trafficking from seeking legal assistance or medical attention. 10 f. Create a procedure to be followed by all law enforcement 11 officers statewide if a law enforcement officer encounters a 12 minor who may be a victim of human trafficking. 13 g. Investigate the efficacy of safe harbor laws. 14 h. Investigate and identify potential routes to eliminate 15 human trafficking of minors in the state. 16 i. Make recommendations on appropriate human 17 trafficking-related training for law enforcement officers, 18 county attorneys, and juvenile service officers. 19 j. Identify funding needs based upon recommendations made 20 by the committee. 21 2. The committee shall include all of the following members: 22 a. Three members of the senate, two of whom shall be 23 appointed by the majority leader of the senate, and one of whom 24 shall be appointed by the minority leader of the senate. 25 b. Three members of the house of representatives, two 26 of whom shall be appointed by the speaker of the house of 27 representatives, and one of whom shall be appointed by the 28 minority leader of the house of representatives. 29 c. A representative of the department of public safety. 30 d. A representative of the office to combat human 31 trafficking. 32 e. A representative of the attorney generals office. 33 f. A representative of the department of health and human 34 services. 35 -25- LSB 1005HV (2) 90 as/ns 25/ 29
H.F. 727 g. A representative of juvenile court services. 1 h. The chief of police or head law enforcement official of 2 a city in this state with a population of two hundred thousand 3 or more as determined by the most recent population estimates 4 issued by the United States bureau of census. 5 i. The chief of police or head law enforcement official of 6 a city in this state with a population of less than two hundred 7 thousand as determined by the most recent federal decennial 8 census. 9 j. A county sheriff. 10 k. Up to two county attorneys who serve on child protection 11 assistance teams under section 915.35, subsection 4, paragraph 12 a. 13 l. Up to two members of the public who are former human 14 trafficking victims. 15 m. Up to two criminal defense attorneys with experience in 16 human trafficking cases. 17 n. A representative from the Iowa network against human 18 trafficking. 19 3. Members of the committee other than members of the 20 general assembly shall be nonvoting members. 21 4. The committee shall issue a report, including findings 22 and recommendations, to the governor and the general assembly 23 no later than December 15, 2023. 24 DIVISION VII 25 DIRECTIVE DEPARTMENT OF PUBLIC SAFETY 26 Sec. 31. DEPARTMENT OF PUBLIC SAFETY PEACE OFFICERS 27 RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM. For the fiscal 28 year beginning July 1, 2023, and ending June 30, 2024, the 29 department of public safety shall pay to the peace officers 30 retirement, accident, and disability system created in chapter 31 97A, from moneys appropriated in this Act to the department 32 of public safety for the division of state patrol, the amount 33 sufficient to fund the actuarial cost of the remaining transfer 34 identified in 2023 Iowa Acts, Senate File 513, after the 35 -26- LSB 1005HV (2) 90 as/ns 26/ 29
H.F. 727 trustee-to-trustee lump sum transfer required by that Act has 1 been performed. 2 Sec. 32. CONTINGENT EFFECTIVE DATE. This division of this 3 Act takes effect July 1, 2023, if 2023 Iowa Acts, Senate File 4 513, is enacted. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanations substance by the members of the general assembly. 8 This bill relates to and makes appropriations to the justice 9 system. The bill is organized by divisions. 10 FY 2023-2024 APPROPRIATIONS. The bill makes appropriations 11 for FY 2023-2024 from the general fund of the state to the 12 departments of justice, corrections, public defense, public 13 safety, and homeland security and emergency management, and 14 the Iowa law enforcement academy, office of the state public 15 defender, and board of parole. 16 The bill appropriates moneys from the commerce revolving 17 fund to the office of consumer advocate of the department 18 of justice; from the gaming enforcement revolving fund to 19 the department of public safety; from the 911 emergency 20 communications fund to the department of homeland security 21 and emergency management; and from the consumer education and 22 litigation fund to the department of justice for farm mediation 23 services and salaries, support, maintenance, and miscellaneous 24 purposes for criminal prosecutions, criminal appeals, and 25 performing certain duties. 26 INDIGENT DEFENSE AND REPRESENTATION. The bill increases the 27 hourly rates for court-appointed counsel by $5 per hour and 28 provides that for appointments made on or after July 1, 2023, 29 compensation is calculated on the basis of $83 per hour for 30 class A felonies, $78 per hour for class B felonies, and 31 $73 per hour for all other cases. 32 The bill provides that compensation for time spent by 33 an attorney or guardian ad litem traveling outside of the 34 attorneys or guardian ad litems county of domicile is payable 35 -27- LSB 1005HV (2) 90 as/ns 27/ 29
H.F. 727 when the travel is reasonable and necessary to represent the 1 indigent client and shall be calculated at a rate of $35 2 per hour. Compensation for travel for a court proceeding 3 other than a trial or other contested proceeding shall only 4 be paid if the attorney or guardian ad litem files a motion 5 for a remote hearing and the motion is denied. Under those 6 circumstances, compensation paid for travel for an uncontested 7 or nontestimonial proceeding must be reimbursed by the judicial 8 branch. 9 ATTORNEY GENERAL ANTITRUST FUND CONSUMER EDUCATION AND 10 LITIGATION FUND. The bill extends an increase in Code section 11 714.16C appropriations to the department of justice to June 12 30, 2025. The annual appropriations in Code section 714.16C 13 are increased from $1,250,000 to $1,875,000 and $75,000 to 14 $125,000, respectively. 15 The bill provides that any moneys not otherwise appropriated 16 from the antitrust fund and the consumer education and 17 litigation fund are appropriated to the department of justice 18 for salaries, support, maintenance, and miscellaneous purposes. 19 This provision takes effect upon enactment and is retroactively 20 applicable to July 1, 2022. 21 DEPARTMENT OF CORRECTIONS. The bill provides that upon 22 an approved sale of real estate by the director of the 23 department of corrections, the proceeds shall be deposited in a 24 corrections capital reinvestment fund established by the bill. 25 The bill transfers associated moneys remaining in the general 26 fund to the new fund. The funding source for costs incident 27 to the acquisition and sale of real estate shall be reimbursed 28 from the proceeds of the sale. These provisions take effect 29 June 30, 2023. 30 IOWA LAW ENFORCEMENT ACADEMY STUDY COMMITTEE. The 31 bill requests the establishment of a legislative interim 32 study committee on the Iowa law enforcement academy to review 33 and evaluate the following: minimum entrance requirements, 34 the course of study, attendance requirements, and the 35 -28- LSB 1005HV (2) 90 as/ns 28/ 29
H.F. 727 sufficiency of current equipment and facilities; minimum basic 1 training requirements; minimum standards of physical, mental, 2 educational, and moral fitness; and additional locations for 3 law enforcement training schools and other facility needs. 4 HUMAN TRAFFICKING STUDY COMMITTEE. The bill requests the 5 establishment of a legislative interim study committee on human 6 trafficking to review and evaluate the following: current 7 initiatives to eliminate the human trafficking of minors in the 8 state; current services available for minor victims of human 9 trafficking; laws of other states that focus on minor victims 10 of human trafficking; a model of rehabilitative services for 11 minor victims of human trafficking; barriers that prevent minor 12 victims of human trafficking from seeking legal assistance 13 or medical attention; a procedure to be followed if a law 14 enforcement officer encounters a minor who may be a victim of 15 human trafficking; the efficacy of safe harbor laws; potential 16 routes to eliminate human trafficking of minors in the state; 17 recommendations on appropriate human trafficking-related 18 training for law enforcement officers, county attorneys, and 19 juvenile service officers; and funding needs. 20 DEPARTMENT OF PUBLIC SAFETY DIRECTIVE. The bill requires 21 the department of public safety to pay the peace officers 22 retirement, accident, and disability system, from moneys 23 appropriated in the bill, the amount sufficient to fund the 24 actuarial cost of the remaining transfer due to the transition 25 of motor vehicle enforcement duties to the department of 26 public safety from the department of transportation, after 27 the required trustee-to-trustee lump sum transfer has been 28 performed. This provision takes effect July 1, 2023, if the 29 bill providing for the transition (2023 Iowa Acts, Senate File 30 513) is enacted. 31 -29- LSB 1005HV (2) 90 as/ns 29/ 29