Senate File 562 - Introduced SENATE FILE 562 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1214) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1005SV (2) 90 as/ns
S.F. 562 Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2023, and ending June 30, 2024, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for 7 salaries, support, maintenance, and miscellaneous purposes, 8 including the prosecuting attorneys training program, matching 9 funds for federal violence against women grant programs, 10 victim assistance grants, the office of drug control policy 11 prosecuting attorney program, and odometer fraud enforcement, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 16 As a condition of receiving the appropriation provided 17 in this lettered paragraph, the department of justice shall 18 maintain a record of the estimated time incurred representing 19 each agency or department. 20 The general office of attorney general may temporarily 21 exceed and draw more than the amount appropriated in this 22 lettered paragraph and incur a negative cash balance as long 23 as there are receivables equal to or greater than the negative 24 balances and the amount appropriated in this lettered paragraph 25 is not exceeded at the close of the fiscal year. 26 b. For victim assistance grants: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 28 The moneys appropriated in this lettered paragraph shall be 29 used to provide grants to care providers providing services to 30 crime victims of domestic abuse or to crime victims of rape and 31 sexual assault. 32 The balance of the victim compensation fund established 33 in section 915.94 may be used to provide salary and support 34 of not more than _____ full-time equivalent positions and to 35 -1- LSB 1005SV (2) 90 as/ns 1/ 20
S.F. 562 provide maintenance for the victim compensation functions 1 of the department of justice. In addition to the full-time 2 equivalent positions authorized pursuant to this paragraph, 3 _____ full-time equivalent positions are authorized and shall 4 be used by the department of justice to employ one accountant 5 and four program planners. The department of justice may 6 employ the additional _____ full-time equivalent positions 7 authorized pursuant to this paragraph that are in excess of the 8 number of full-time equivalent positions authorized only if 9 the department of justice receives sufficient federal moneys 10 to maintain employment for the additional full-time equivalent 11 positions during the current fiscal year. The department 12 of justice shall only employ the additional _____ full-time 13 equivalent positions in succeeding fiscal years if sufficient 14 federal moneys are received during each of those succeeding 15 fiscal years. 16 The department of justice shall transfer at least $_______ 17 from the victim compensation fund established in section 915.94 18 to the victim assistance grant program established in section 19 13.31. 20 Notwithstanding section 8.33, moneys appropriated in this 21 lettered paragraph that remain unencumbered or unobligated at 22 the close of the fiscal year shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the succeeding fiscal year. 25 c. For legal services for persons in poverty grants as 26 provided in section 13.34: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 28 d. To improve the department of justices cybersecurity and 29 technology infrastructure: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 31 2. a. The department of justice, in submitting budget 32 estimates for the fiscal year beginning July 1, 2024, pursuant 33 to section 8.23, shall include a report of funding from sources 34 other than amounts appropriated directly from the general fund 35 -2- LSB 1005SV (2) 90 as/ns 2/ 20
S.F. 562 of the state to the department of justice or to the office of 1 consumer advocate. These funding sources shall include but 2 are not limited to reimbursements from other state agencies, 3 commissions, boards, or similar entities, and reimbursements 4 from special funds or internal accounts within the department 5 of justice. The department of justice shall also report actual 6 reimbursements for the fiscal year beginning July 1, 2022, 7 and actual and expected reimbursements for the fiscal year 8 beginning July 1, 2023. 9 b. The department of justice shall include the report 10 required under paragraph a, as well as information regarding 11 any revisions occurring as a result of reimbursements actually 12 received or expected at a later date, in a report to the 13 general assembly. The department of justice shall submit the 14 report on or before January 15, 2024. 15 3. a. The department of justice shall fully reimburse 16 the costs and necessary related expenses incurred by the Iowa 17 law enforcement academy to continue to employ one additional 18 instructor position who shall provide training for human 19 trafficking-related issues throughout the state. 20 b. The department of justice shall obtain the moneys 21 necessary to reimburse the Iowa law enforcement academy to 22 employ such an instructor from unrestricted moneys from either 23 the victim compensation fund established in section 915.94 or 24 the human trafficking victim fund established in section 915.95 25 or the human trafficking enforcement fund established in 2015 26 Iowa Acts, chapter 138, section 141. 27 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 28 from the commerce revolving fund created in section 546.12, as 29 amended by 2023 Iowa Acts, Senate File 514, to the office of 30 consumer advocate of the department of justice for the fiscal 31 year beginning July 1, 2023, and ending June 30, 2024, the 32 following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For salaries, support, maintenance, and miscellaneous 35 -3- LSB 1005SV (2) 90 as/ns 3/ 20
S.F. 562 purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 4 Sec. 3. DEPARTMENT OF CORRECTIONS FACILITIES. 5 1. There is appropriated from the general fund of the state 6 to the department of corrections for the fiscal year beginning 7 July 1, 2023, and ending June 30, 2024, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the operation of the Fort Madison correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 18 c. For the operation of the Oakdale correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 22 d. For the Oakdale correctional facility for 23 department-wide institutional pharmaceuticals and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 26 e. For the operation of the Newton correctional facility, 27 including salaries, support, maintenance, and miscellaneous 28 purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 30 f. For the operation of the Mount Pleasant correctional 31 facility, including salaries, support, maintenance, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 34 g. For the operation of the Rockwell City correctional 35 -4- LSB 1005SV (2) 90 as/ns 4/ 20
S.F. 562 facility, including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 3 h. For the operation of the Clarinda correctional facility, 4 including salaries, support, maintenance, and miscellaneous 5 purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 7 Moneys received by the department of corrections as 8 reimbursement for services provided to the Clarinda youth 9 corporation are appropriated to the department and shall be 10 used for the purpose of operating the Clarinda correctional 11 facility. 12 i. For the operation of the Mitchellville correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 16 j. For the operation of the Fort Dodge correctional 17 facility, including salaries, support, maintenance, and 18 miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 20 k. For reimbursement of counties for temporary confinement 21 of prisoners, as provided in sections 901.7, 904.908, and 22 906.17, and for offenders confined pursuant to section 904.513: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 24 l. For federal prison reimbursement, reimbursements for 25 out-of-state placements, and miscellaneous contracts: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 27 2. The department of corrections shall use moneys 28 appropriated in subsection 1 to continue to contract for the 29 services of a Muslim imam and a Native American spiritual 30 leader. 31 Sec. 4. DEPARTMENT OF CORRECTIONS ADMINISTRATION. 32 There is appropriated from the general fund of the state to the 33 department of corrections for the fiscal year beginning July 34 1, 2023, and ending June 30, 2024, the following amounts, or 35 -5- LSB 1005SV (2) 90 as/ns 5/ 20
S.F. 562 so much thereof as is necessary, to be used for the purposes 1 designated: 2 1. For general administration, including salaries and the 3 adjustment of salaries throughout the department, support, 4 maintenance, employment of an education director to administer 5 a centralized education program for the correctional system, 6 and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 8 a. It is the intent of the general assembly that each 9 lease negotiated by the department of corrections with a 10 private corporation for the purpose of providing private 11 industry employment of inmates in a correctional institution 12 shall prohibit the private corporation from utilizing inmate 13 labor for partisan political purposes for any person seeking 14 election to public office in this state and that a violation 15 of this requirement shall result in a termination of the lease 16 agreement. 17 b. It is the intent of the general assembly that as a 18 condition of receiving the appropriation provided in this 19 subsection the department of corrections shall not enter into 20 a lease or contractual agreement pursuant to section 904.809 21 with a private corporation for the use of building space for 22 the purpose of providing inmate employment without providing 23 that the terms of the lease or contract establish safeguards to 24 restrict, to the greatest extent feasible, access by inmates 25 working for the private corporation to personal identifying 26 information of citizens. 27 2. For educational programs for inmates at state penal 28 institutions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 30 a. To maximize the funding for educational programs, 31 the department shall establish guidelines and procedures to 32 prioritize the availability of educational and vocational 33 training for inmates based upon the goal of facilitating an 34 inmates successful release from the correctional institution. 35 -6- LSB 1005SV (2) 90 as/ns 6/ 20
S.F. 562 b. The director of the department of corrections may 1 transfer moneys from Iowa prison industries and the canteen 2 operating funds established pursuant to section 904.310, for 3 use in educational programs for inmates. 4 c. Notwithstanding section 8.33, moneys appropriated in 5 this subsection that remain unencumbered or unobligated at the 6 close of the fiscal year shall not revert but shall remain 7 available to be used only for the purposes designated in this 8 subsection until the close of the succeeding fiscal year. 9 3. For the development and operation of the Iowa corrections 10 offender network (ICON) data system: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 12 4. For offender mental health and substance abuse 13 treatment: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 15 5. For department-wide duties, including operations, costs, 16 and miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 18 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 19 SERVICES. 20 1. There is appropriated from the general fund of the state 21 to the department of corrections for the fiscal year beginning 22 July 1, 2023, and ending June 30, 2024, for salaries, support, 23 maintenance, and miscellaneous purposes, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For the first judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 29 It is the intent of the general assembly that the first 30 judicial district department of correctional services maintains 31 the drug courts operated by the district department. 32 b. For the second judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 35 -7- LSB 1005SV (2) 90 as/ns 7/ 20
S.F. 562 It is the intent of the general assembly that the second 1 judicial district department of correctional services maintains 2 two drug courts to be operated by the district department. 3 c. For the third judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 6 d. For the fourth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 9 e. For the fifth judicial district department of 10 correctional services, including funding for electronic 11 monitoring devices for use on a statewide basis: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 13 It is the intent of the general assembly that the fifth 14 judicial district department of correctional services maintains 15 the drug court operated by the district department. 16 f. For the sixth judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 19 It is the intent of the general assembly that the sixth 20 judicial district department of correctional services maintains 21 the drug court operated by the district department. 22 g. For the seventh judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 25 It is the intent of the general assembly that the seventh 26 judicial district department of correctional services maintains 27 the drug court operated by the district department. 28 h. For the eighth judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 31 2. Each judicial district department of correctional 32 services, within the moneys available, shall continue programs 33 and plans established within that district to provide for 34 intensive supervision, sex offender treatment, diversion of 35 -8- LSB 1005SV (2) 90 as/ns 8/ 20
S.F. 562 low-risk offenders to the least restrictive sanction available, 1 job development, and expanded use of intermediate criminal 2 sanctions. 3 3. Each judicial district department of correctional 4 services shall provide alternatives to prison consistent with 5 chapter 901B. The alternatives to prison shall ensure public 6 safety while providing maximum rehabilitation to the offender. 7 A judicial district department of correctional services may 8 also establish a day program. 9 4. The office of drug control policy of the department 10 of public safety shall consider federal grants made to the 11 department of corrections for the benefit of each of the eight 12 judicial district departments of correctional services as local 13 government grants, as defined pursuant to federal regulations. 14 5. The department of corrections shall continue to contract 15 with a judicial district department of correctional services to 16 provide for the rental of electronic monitoring equipment which 17 shall be available statewide. 18 6. The public safety assessment shall not be utilized 19 in pretrial hearings when determining whether to detain or 20 release a defendant before trial, and the use of the public 21 safety assessment pilot program shall be terminated as of the 22 effective date of this subsection, until such time the use of 23 the public safety assessment has been specifically authorized 24 by the general assembly. 25 Sec. 6. DEPARTMENT OF CORRECTIONS REALLOCATION OF 26 APPROPRIATIONS. Notwithstanding section 8.39, within 27 the moneys appropriated in this Act to the department of 28 corrections, the department may reallocate the moneys 29 appropriated and allocated as necessary to best fulfill the 30 needs of the correctional institutions, administration of 31 the department, and the judicial district departments of 32 correctional services. However, in addition to complying with 33 the requirements of sections 904.116 and 905.8 and providing 34 notice to the legislative services agency, the department 35 -9- LSB 1005SV (2) 90 as/ns 9/ 20
S.F. 562 of corrections shall also provide notice to the department 1 of management, prior to the effective date of the revision 2 or reallocation of an appropriation made pursuant to this 3 section. The department of corrections shall not reallocate an 4 appropriation or allocation for the purpose of eliminating any 5 program. 6 Sec. 7. INTENT REPORTS. 7 1. The department of corrections, in cooperation with 8 townships, the Iowa cemetery associations, and other nonprofit 9 or governmental entities, may use inmate labor during the 10 fiscal year beginning July 1, 2023, to restore or preserve 11 rural cemeteries and historical landmarks. The department, in 12 cooperation with the counties, may also use inmate labor to 13 clean up roads, major water sources, and other water sources 14 around the state. 15 2. On a quarterly basis, the department shall provide 16 a status report regarding private-sector employment to the 17 general assembly beginning on July 1, 2023. The report shall 18 include the number of offenders employed in the private sector, 19 the combined number of hours worked by the offenders, the 20 total amount of allowances, and the distribution of allowances 21 pursuant to section 904.702, including any moneys deposited in 22 the general fund of the state. 23 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 24 corrections shall submit a report on electronic monitoring 25 to the general assembly by January 15, 2024. The report 26 shall specifically address the number of persons being 27 electronically monitored and break down the number of persons 28 being electronically monitored by offense committed. The 29 report shall also include a comparison of any data from the 30 prior fiscal year with the current fiscal year. 31 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 32 1. As used in this section, unless the context otherwise 33 requires, state agency means the government of the state 34 of Iowa, including but not limited to all executive branch 35 -10- LSB 1005SV (2) 90 as/ns 10/ 20
S.F. 562 departments, agencies, boards, bureaus, and commissions, the 1 judicial branch, the general assembly and all legislative 2 agencies, institutions within the purview of the state board of 3 regents, and any corporation whose primary function is to act 4 as an instrumentality of the state. 5 2. State agencies are encouraged to purchase products from 6 Iowa state industries, as defined in section 904.802, when 7 purchases are required and the products are available from 8 Iowa state industries. State agencies shall obtain bids from 9 Iowa state industries for purchases of office furniture during 10 the fiscal year beginning July 1, 2023, exceeding $5,000 or 11 in accordance with applicable administrative rules related to 12 purchases for the agency. 13 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 14 1. There is appropriated from the general fund of the 15 state to the Iowa law enforcement academy for the fiscal year 16 beginning July 1, 2023, and ending June 30, 2024, the following 17 amount, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 a. For salaries, support, maintenance, and miscellaneous 20 purposes, including jailer training and technical assistance, 21 and for not more than the following full-time equivalent 22 positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 25 b. The Iowa law enforcement academy may temporarily exceed 26 and draw more than the amount appropriated in this subsection 27 and incur a negative cash balance as long as there are 28 receivables equal to or greater than the negative balance and 29 the amount appropriated in this subsection is not exceeded at 30 the close of the fiscal year. 31 2. The Iowa law enforcement academy may select at least 32 five automobiles of the department of public safety, division 33 of state patrol, prior to turning over the automobiles to 34 the department of administrative services to be disposed 35 -11- LSB 1005SV (2) 90 as/ns 11/ 20
S.F. 562 of by public auction, and the Iowa law enforcement academy 1 may exchange any automobile owned by the academy for each 2 automobile selected if the selected automobile is used in 3 training law enforcement officers at the academy. However, any 4 automobile exchanged by the academy shall be substituted for 5 the selected vehicle of the department of public safety and 6 sold by public auction with the receipts being deposited in the 7 depreciation fund maintained pursuant to section 8A.365 to the 8 credit of the department of public safety, division of state 9 patrol. 10 3. The Iowa law enforcement academy shall provide training 11 for domestic abuse and human trafficking-related issues 12 throughout the state. The training shall be offered at no 13 cost to the attendees and the training shall not replace any 14 existing domestic abuse or human trafficking training offered 15 by the academy. 16 Sec. 11. STATE PUBLIC DEFENDER. 17 1. There is appropriated from the general fund of the state 18 to the office of the state public defender of the department 19 of inspections and appeals for the fiscal year beginning July 20 1, 2023, and ending June 30, 2024, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 a. For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 28 b. For payments on behalf of eligible adults and juveniles 29 from the indigent defense fund, in accordance with section 30 815.11: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 32 2. Moneys received by the office of the state public 33 defender pursuant to Tit. IV-E of the federal Social Security 34 Act remaining unencumbered and unobligated at the end of the 35 -12- LSB 1005SV (2) 90 as/ns 12/ 20
S.F. 562 fiscal year shall not revert but shall be transferred to the 1 Tit. IV-E juvenile justice improvement fund created in 2022 2 Iowa Acts, chapter 1146, section 11, subsection 3, to remain 3 available for expenditure by the office of the state public 4 defender in succeeding fiscal years for the purposes allowed by 5 Tit. IV-E of the federal Social Security Act. 6 Sec. 12. BOARD OF PAROLE. There is appropriated from the 7 general fund of the state to the board of parole for the fiscal 8 year beginning July 1, 2023, and ending June 30, 2024, the 9 following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 16 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 17 1. There is appropriated from the general fund of the 18 state to the department of public defense, for the fiscal year 19 beginning July 1, 2023, and ending June 30, 2024, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 27 2. The department of public defense may temporarily exceed 28 and draw more than the amount appropriated in this section and 29 incur a negative cash balance as long as there are receivables 30 of federal funds equal to or greater than the negative balance 31 and the amount appropriated in this section is not exceeded at 32 the close of the fiscal year. 33 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 34 MANAGEMENT. 35 -13- LSB 1005SV (2) 90 as/ns 13/ 20
S.F. 562 1. There is appropriated from the general fund of the state 1 to the department of homeland security and emergency management 2 for the fiscal year beginning July 1, 2023, and ending June 30, 3 2024, the following amount, or so much thereof as is necessary, 4 to be used for the purposes designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 10 2. The department of homeland security and emergency 11 management may temporarily exceed and draw more than the amount 12 appropriated in this section and incur a negative cash balance 13 as long as there are receivables of federal funds equal to or 14 greater than the negative balance and the amount appropriated 15 in this section is not exceeded at the close of the fiscal 16 year. 17 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 18 from the general fund of the state to the department of public 19 safety for the fiscal year beginning July 1, 2023, and ending 20 June 30, 2024, the following amounts, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 1. For administrative functions, including salaries and the 23 adjustment of salaries throughout the department, the criminal 24 justice information system, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 28 2. For the division of criminal investigation, including 29 the states contribution to the peace officers retirement, 30 accident, and disability system provided in chapter 97A in the 31 amount of the states normal contribution rate, as defined in 32 section 97A.8, multiplied by the salaries for which the moneys 33 are appropriated, to meet federal fund matching requirements, 34 and for not more than the following full-time equivalent 35 -14- LSB 1005SV (2) 90 as/ns 14/ 20
S.F. 562 positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 3 3. For the criminalistics laboratory fund created in 4 section 691.9: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 6 Notwithstanding section 8.33, moneys appropriated in this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 for expenditure for the purposes designated until the close of 10 the succeeding fiscal year. 11 4. a. For the division of narcotics enforcement, including 12 the states contribution to the peace officers retirement, 13 accident, and disability system provided in chapter 97A in the 14 amount of the states normal contribution rate, as defined in 15 section 97A.8, multiplied by the salaries for which the moneys 16 are appropriated, to meet federal fund matching requirements, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 21 The division of narcotics enforcement is authorized an 22 additional 1.00 full-time equivalent position pursuant to 23 this lettered paragraph that is in excess of the number of 24 full-time equivalent positions authorized for the previous 25 fiscal year only if the division of narcotics enforcement 26 receives sufficient federal moneys to maintain employment 27 for the additional full-time equivalent position during the 28 current fiscal year. The division of narcotics enforcement 29 shall only employ the additional full-time equivalent position 30 in succeeding fiscal years if sufficient federal moneys are 31 received during each of those succeeding fiscal years. 32 b. For the division of narcotics enforcement for undercover 33 purchases: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 35 -15- LSB 1005SV (2) 90 as/ns 15/ 20
S.F. 562 5. For the division of state fire marshal, for fire 1 protection services as provided through the state fire service 2 and emergency response council as created in the department, 3 and for the states contribution to the peace officers 4 retirement, accident, and disability system provided in chapter 5 97A in the amount of the states normal contribution rate, 6 as defined in section 97A.8, multiplied by the salaries for 7 which the moneys are appropriated, and for not more than the 8 following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 11 6. For the division of state patrol, for salaries, support, 12 maintenance, workers compensation costs, and miscellaneous 13 purposes, including the states contribution to the peace 14 officers retirement, accident, and disability system provided 15 in chapter 97A in the amount of the states normal contribution 16 rate, as defined in section 97A.8, multiplied by the salaries 17 for which the moneys are appropriated, and for not more than 18 the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 21 It is the intent of the general assembly that members of the 22 state patrol be assigned to patrol the highways and roads in 23 lieu of assignments for inspecting school buses for the school 24 districts. 25 7. For deposit in the sick leave benefits fund established 26 in section 80.42 for all departmental employees eligible to 27 receive benefits for accrued sick leave under the collective 28 bargaining agreement: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 30 8. For costs associated with the training and equipment 31 needs of volunteer fire fighters: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 33 Notwithstanding section 8.33, moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -16- LSB 1005SV (2) 90 as/ns 16/ 20
S.F. 562 of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated in this subsection 2 until the close of the succeeding fiscal year. 3 9. For the public safety interoperable and broadband 4 communications fund established in section 80.44: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 6 10. For the office to combat human trafficking established 7 pursuant to section 80.45, including salaries, support, 8 maintenance, and miscellaneous purposes, and for not more than 9 the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 12 11. For costs associated with the training and equipment 13 needs of volunteer fire fighters: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 15 12. For deposit in the public safety equipment fund 16 established in section 80.48 for the purchase, maintenance, and 17 replacement of equipment used by the department: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 19 13. For the office of drug control policy, for salaries, 20 support, maintenance, and miscellaneous purposes, including 21 statewide coordination of the drug abuse resistance education 22 (D.A.R.E) programs or other similar programs, and for not more 23 than the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 26 Notwithstanding section 8.39, the department of public 27 safety may reallocate moneys appropriated in this section 28 as necessary to best fulfill the needs provided for in the 29 appropriation. However, the department shall not reallocate 30 moneys appropriated to the department in this section unless 31 notice of the reallocation is given to the legislative services 32 agency and the department of management prior to the effective 33 date of the reallocation. The notice shall include information 34 regarding the rationale for reallocating the moneys. The 35 -17- LSB 1005SV (2) 90 as/ns 17/ 20
S.F. 562 department shall not reallocate moneys appropriated in this 1 section for the purpose of eliminating any program. 2 Sec. 16. GAMING ENFORCEMENT. 3 1. There is appropriated from the gaming enforcement 4 revolving fund created in section 80.43 to the department of 5 public safety for the fiscal year beginning July 1, 2023, and 6 ending June 30, 2024, the following amount, or so much thereof 7 as is necessary, to be used for the purposes designated: 8 For any direct support costs for agents and officers of 9 the division of criminal investigations excursion gambling 10 boat, gambling structure, and racetrack enclosure enforcement 11 activities, including salaries, support, maintenance, and 12 miscellaneous purposes, and for not more than the following 13 full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs ___ 16 2. For each additional license to conduct gambling games on 17 an excursion gambling boat, gambling structure, or racetrack 18 enclosure issued during the fiscal year beginning July 1, 2023, 19 there is appropriated from the gaming enforcement revolving 20 fund to the department of public safety for the fiscal year 21 beginning July 1, 2023, and ending June 30, 2024, an additional 22 amount of not more than $_______ to be used for full-time 23 equivalent positions. 24 3. The department of public safety, with the approval of the 25 department of management, may employ no more than three special 26 agents for each additional riverboat or gambling structure 27 regulated after July 1, 2024, and three special agents for 28 each racing facility which becomes operational during the 29 fiscal year which begins July 1, 2024. Positions authorized 30 in this subsection are in addition to the full-time equivalent 31 positions otherwise authorized in this section. 32 Sec. 17. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 33 MANAGEMENT. There is appropriated from the 911 emergency 34 communications fund created in section 34A.7A to the department 35 -18- LSB 1005SV (2) 90 as/ns 18/ 20
S.F. 562 of homeland security and emergency management for the fiscal 1 year beginning July 1, 2023, and ending June 30, 2024, the 2 following amount, or so much thereof as is necessary, to be 3 used for the purposes designated: 4 For implementation, support, and maintenance of the 5 functions of the administrator and program manager under 6 chapter 34A and to employ the auditor of the state to perform 7 an annual audit of the 911 emergency communications fund: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 9 Sec. 18. CONSUMER EDUCATION AND LITIGATION FARM 10 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 11 Notwithstanding section 714.16C , there is appropriated from the 12 consumer education and litigation fund to the department of 13 justice for the fiscal year beginning July 1, 2023, and ending 14 June 30, 2024, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 1. For farm mediation services as specified in section 17 13.13, subsection 2 : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 19 2. For salaries, support, maintenance, and miscellaneous 20 purposes for criminal prosecutions, criminal appeals, and 21 performing duties pursuant to chapter 669 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanations substance by the members of the general assembly. 26 This bill relates to and makes appropriations to the justice 27 system for FY 2023-2024. 28 The bill makes appropriations for FY 2023-2024 from the 29 general fund of the state to the departments of justice, 30 corrections, public defense, public safety, and homeland 31 security and emergency management, and the Iowa law enforcement 32 academy, office of the state public defender, and board of 33 parole. 34 The bill appropriates moneys from the commerce revolving 35 -19- LSB 1005SV (2) 90 as/ns 19/ 20
S.F. 562 fund to the office of consumer advocate of the department 1 of justice; from the gaming enforcement revolving fund to 2 the department of public safety; from the 911 emergency 3 communications fund to the department of homeland security 4 and emergency management; and from the consumer education and 5 litigation fund to the department of justice for farm mediation 6 services and salaries, support, maintenance, and miscellaneous 7 purposes for criminal prosecutions, criminal appeals, and 8 performing certain duties. 9 -20- LSB 1005SV (2) 90 as/ns 20/ 20