General Assembly: 81 (2005 Regular GA) - Chapter 174 - Appropriations — justice system


Published: 2005-06-14

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695 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

I am unable to approve the item designated as Section 17, subsection 1, second unnumbered paragraph in its entirety. This paragraph requires the Department of Administrative Services to provide data processing services to the Secretary of State’s Office to support voter registra- tion file maintenance and storage at no charge. When the Department of Administrative Ser- viceswas created, itwasdesigned tobringan entrepreneurialmanagementmodel to stategov- ernment to generate more efficient services and amore accountable government. Exempting a single agency from paying for services it receives is counter to the business model, causes rates for all other customers of theDepartment to increase, and creates a federal over-recovery issue for the Department. This is a policy I cannot support.

For the above reasons, I respectfully disapprove this item in accordance with Article III, Sec- tion 16 of the Constitution of the State of Iowa. All other items in House File 810 are hereby approved as of this date.

Sincerely, THOMAS J. VILSACK, Governor

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CH. 174CH. 174

CHAPTER 174

APPROPRIATIONS — JUSTICE SYSTEM

H.F. 811

AN ACT relating to and making appropriations to the justice system, revising pretrial release requirements for certain criminal offenses, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I FY 2005-2006 APPROPRIATIONS

JUSTICE SYSTEM

Section 1. DEPARTMENT OF JUSTICE. 1. There is appropriated from the general fund of the state to the department of justice for

the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: a. For the general office of attorney general for salaries, support, maintenance, miscella-

neous purposes including the prosecuting attorneys training program, victim assistance grants, office of drug control policy (ODCP) prosecuting attorney program, legal services for persons in poverty grants as provided in section 13.34, odometer fraud enforcement, and for not more than the following full-time equivalent positions:

$ 8,024,2801. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

It is the intent of the general assembly that as a condition of receiving the appropriation pro- vided in this lettered paragraph, the department of justice shall maintain a record of the esti- mated time incurred representing each agency or department. b. For victim assistance grants:

$ 5,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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1 See chapter 179, §43 herein

696LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

The funds appropriated in this lettered paragraph shall be used toprovide grants to care pro- viders providing services to crime victims of domestic abuse or to crime victims of rape and sexual assault. c. For legal services for persons in poverty grants as provided in section 13.34:

$ 900,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. In addition to the funds appropriated in subsection 1, there is appropriated from the gen-

eral fund of the state to the department of justice for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not exceeding $200,000 to be used for the enforcement of the Iowa competition law. The funds appropriated in this subsection are contingent upon receipt by the general fund of the state of an amount at least equal to the expenditure amount from either damages awarded to the state or a political subdivision of the state by a civil judgment under chapter 553, if the judgment authorizes the use of the award for enforcement purposes or costs or attorneys fees awarded the state in state or federal antitrust actions. However, if the amounts received as a result of these judgments are in excess of $200,000, the excess amounts shall not be appropriated to the department of justice pursuant to this subsection. Thedepartment of justice shall report thedepartment’s actual costs andanestimateof the time incurred enforcing the competition law, to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by November 15, 2005. 3. In addition to the funds appropriated in subsection 1, there is appropriated from the gen-

eral fund of the state to the department of justice for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not exceeding $1,125,000 to be used for public education re- lating to consumer fraud and for enforcement of section 714.16, and an amount not exceeding $75,000 for investigation, prosecution, and consumer education relating to consumer and criminal fraud against older Iowans. The funds appropriated in this subsection are contingent upon receipt by the general fund of the state of an amount at least equal to the expenditure amount from damages awarded to the state or a political subdivision of the state by a civil con- sumer fraud judgment or settlement, if the judgment or settlement authorizes the use of the award for public education on consumer fraud. However, if the funds received as a result of these judgments and settlements are in excess of $1,200,000, the excess funds shall not be ap- propriated to the department of justice pursuant to this subsection. The department of justice shall report to the co-chairpersons and ranking members of the joint appropriations subcom- mittee on the justice system, and to the legislative services agency by November 15, 2005, the department’s actual costs and an estimate of the time incurred in providing education pur- suant to and enforcing this subsection. 4. The balance of the victim compensation fund established in section 915.94 may be used

to provide salary and support of not more than 22 FTEs and to provide maintenance for the victim compensation functions of the department of justice. 5. As a condition of receiving the appropriation in subsection 1, the department of justice

shall transfer at least $2,450,000 from the victim compensation fund established in section 915.94 to the victim assistance grant program. 6. a. Thedepartment of justice, in submittingbudget estimates for the fiscal year commenc-

ing July 1, 2006, pursuant to section 8.23, shall include a report of funding from sources other than amounts appropriated directly from the general fund of the state to the department of jus- tice or to the office of consumer advocate. These funding sources shall include, but are not limited to, reimbursements from other state agencies, commissions, boards, or similar enti- ties, and reimbursements fromspecial funds or internal accountswithin thedepartment of jus- tice. The department of justice shall report actual reimbursements for the fiscal year com- mencing July 1, 2004, and actual and expected reimbursements for the fiscal year com- mencing July 1, 2005. b. The department of justice shall include the report required under paragraph “a”, as well

as information regarding any revisions occurring as a result of reimbursements actually re- ceived or expected at a later date, in a report to the co-chairpersons and ranking members of

697 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

the joint appropriations subcommittee on the justice system and the legislative services agency. The department of justice shall submit the report on or before January 15, 2006.

Sec. 2. DEPARTMENT OF JUSTICE — ENVIRONMENTAL CRIMES INVESTIGATION AND PROSECUTION — FUNDING. There is appropriated from the environmental crime fund of the department of justice, consisting of court-ordered fines and penalties awarded to the department arising out of the prosecution of environmental crimes, to the department of justice for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not ex- ceeding $20,000 to be used by the department, at the discretion of the attorney general, for the investigation and prosecution of environmental crimes, including the reimbursement of ex- penses incurred by county, municipal, and other local governmental agencies cooperating with the department in the investigation and prosecution of environmental crimes. The funds appropriated in this section are contingent upon receipt by the environmental

crime fund of the department of justice of an amount at least equal to the appropriationsmade in this section and received from contributions, court-ordered restitution as part of judgments in criminal cases, and consent decrees entered into as part of civil or regulatory enforcement actions. However, if the funds received during the fiscal year are in excess of $20,000, the ex- cess funds shall be deposited in the general fund of the state. Notwithstanding section 8.33, moneys appropriated in this section that remain unencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purpose designated until the close of the succeeding fiscal year.

Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is appropriated from the general fund of the state to the office of consumer advocate of the department of justice for the fiscal year beginning July 1, 2005, and ending June30, 2006, the followingamount, or somuch there- of as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 2,810,442. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 27.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 4. DEPARTMENT OF CORRECTIONS — FACILITIES. 1. There is appropriated from the general fund of the state to the department of corrections

for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: For the operation of adult correctional institutions, reimbursement of counties for certain

confinement costs, and federal prison reimbursement, to be allocated as follows: a. For the operation of the Fort Madison correctional facility, including salaries, support,

maintenance, and miscellaneous purposes: $ 38,840,761. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For the operation of the Anamosa correctional facility, including salaries, support, main- tenance, and miscellaneous purposes:

$ 27,199,702. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys are provided within this appropriation for one full-time substance abuse counselor

for the Luster Heights facility, for the purpose of certification of a substance abuse program at that facility. c. For the operation of theOakdale correctional facility, including salaries, support,mainte-

nance, and miscellaneous purposes: $ 25,650,778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d. For the operation of theNewton correctional facility, including salaries, support,mainte- nance, and miscellaneous purposes:

$ 24,916,132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

698LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

e. For the operation of the Mt. Pleasant correctional facility, including salaries, support, maintenance, and miscellaneous purposes:

$ 23,694,840. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. For the operation of the Rockwell City correctional facility, including salaries, support,

maintenance, and miscellaneous purposes: $ 8,039,378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g. For the operation of the Clarinda correctional facility, including salaries, support, main- tenance, and miscellaneous purposes:

$ 22,853,497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys received by the department of corrections as reimbursement for services provided

to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility. h. For the operation of the Mitchellville correctional facility, including salaries, support,

maintenance, and miscellaneous purposes: $ 13,867,603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

i. For the operation of the Fort Dodge correctional facility, including salaries, support, maintenance, and miscellaneous purposes:

$ 26,244,693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j. For reimbursement of counties for temporary confinement ofwork release andparole vio-

lators, as provided in sections 901.7, 904.908, and 906.17 and for offenders confined pursuant to section 904.513:

$ 674,954. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k. For federal prison reimbursement, reimbursements for out-of-state placements, andmis-

cellaneous contracts: $ 241,293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The department of corrections shall use funds appropriated in subsection 1 to continue to contract for the services of a Muslim imam.

Sec. 5. DEPARTMENT OF CORRECTIONS — ADMINISTRATION. 1. There is appropriated from the general fund of the state to the department of corrections

for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: a. For general administration, including salaries, support, maintenance, employment of an

education director to administer a centralized education program for the correctional system, and miscellaneous purposes:

$ 2,829,708. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) It is the intent of the general assembly that as a condition of receiving the appropriation

provided in this lettered paragraph, the department of corrections shall not, except as other- wise provided in subparagraph (3), enter into a new contract, unless the contract is a renewal of an existing contract, for the expenditure of moneys in excess of $100,000 during the fiscal year beginning July 1, 2005, for the privatization of services performed by the department us- ing state employees as of July 1, 2005, or for the privatization of new services by the depart- ment, without prior consultation with any applicable state employee organization affected by the proposed new contract and prior notification of the co-chairpersons and rankingmembers of the joint appropriations subcommittee on the justice system. (2) It is the intent of the general assembly that each lease negotiated by the department of

corrections with a private corporation for the purpose of providing private industry employ- ment of inmates in a correctional institution shall prohibit the private corporation from utiliz- ing inmate labor for partisan political purposes for any person seeking election to public office in this state and that a violation of this requirement shall result in a termination of the lease agreement. (3) It is the intent of the general assembly that as a condition of receiving the appropriation

provided in this lettered paragraph, the department of corrections shall not enter into a lease or contractual agreement pursuant to section 904.809 with a private corporation for the use

699 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

of building space for the purpose of providing inmate employment without providing that the terms of the lease or contract establish safeguards to restrict, to the greatest extent feasible, access by inmates working for the private corporation to personal identifying information of citizens. b. For educational programs for inmates at state penal institutions:

$ 1,058,358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It is the intent of the general assembly that moneys appropriated in this lettered paragraph

shall be used solely for the purpose indicated and that the moneys shall not be transferred for anyotherpurpose. In addition, it is the intent of thegeneral assembly that thedepartment shall consult with the community colleges in the areas inwhich the institutions are located to utilize moneys appropriated in this lettered paragraph to fund the high school completion, high school equivalency diploma, adult literacy, and adult basic education programs in a manner so as to maintain these programs at the institutions. To maximize the funding for educational programs, the department shall establish guide-

lines and procedures to prioritize the availability of educational and vocational training for in- mates based upon the goal of facilitating an inmate’s successful release from the correctional institution. The director of the department of correctionsmay transfermoneys from Iowa prison indus-

tries for use in educational programs for inmates. Notwithstanding section 8.33, moneys appropriated in this lettered paragraph that remain

unobligated or unexpended at the close of the fiscal year shall not revert but shall remain avail- able for expenditure only for the purpose designated in this lettered paragraph until the close of the succeeding fiscal year. c. For the development of the Iowa corrections offender network (ICON) data system:

$ 427,700. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. For offender mental health and substance abuse treatment:

$ 125,0002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. It is the intent of the general assembly that the department of corrections shall continue

to operate the correctional farms under the control of the department at the same or greater level of participation and involvement as existed as of January 1, 2005, shall not enter into any rental agreement or contract concerning any farmland under the control of the department that is not subject to a rental agreement or contract as of January 1, 2005,without prior legisla- tive approval, and shall further attempt to provide job opportunities at the farms for inmates. The department shall attempt to provide job opportunities at the farms for inmates by encour- aging labor-intensive farmingor gardeningwhere appropriate, using inmates togrowproduce andmeat for institutional consumption, researching the possibility of instituting food canning and cook-and-chill operations, and exploring opportunities for organic farming and garden- ing, livestock ventures, horticulture, and specialized crops. 3. The department shall work to increase produce gardening by inmates under the control

of the correctional institutions, and, if appropriate, may use the central distribution network at the Woodward state resource center. The department shall file a report with the co-chair- persons and rankingmembers of the joint appropriations subcommittee on the justice system by December 1, 2005, regarding the feasibility of expanding the number of acres devoted to organic gardening and to the growing of organic produce for sale. 4. The department of corrections shall submit a report to the general assembly by January

1, 2006, concerning moneys recouped from inmate earnings for the reimbursement of opera- tional expenses of the applicable facility during the fiscal year beginning July 1, 2004, for each correctional institution and judicial district department of correctional services. In addition, eachcorrectional institution and judicial district department of correctional services shall con- tinue to submit a report to the legislative services agency on amonthly basis concerningmon- eys recouped from inmate earnings pursuant to sections 904.702, 904.809, and 905.14. 5. It is the intent of the general assembly that as a condition of receiving the appropriation

provided in this lettered paragraph,3 the department shall not enter into any agreement with a private sector nongovernmental entity for the purpose of housing inmates committed to the

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2 See chapter 179, §44 herein 3 The phrase “the appropriation provided in this section” probably intended

700LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

custody of the director of the department, without express authorization of the general assem- bly to do so.

Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES. 1. There is appropriated from the general fund of the state to the department of corrections

for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be allocated as follows: a. For the first judicial district department of correctional services, including the treatment

and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 10,501,186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. For the second judicial district department of correctional services, including the treat-

ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 8,230,603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. For the third judicial district department of correctional services, including the treatment

and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 4,805,458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. For the fourth judicial district department of correctional services, including the treat-

ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 4,427,796. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. For the fifth judicial district department of correctional services, including the treatment

and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, and funding for electronic monitoring devices for use on a statewide basis, the following amount, or so much thereof as is necessary:

$ 14,167,169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. For the sixth judicial district department of correctional services, including the treatment

and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 10,378,668. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. For the seventh judicial district department of correctional services, including the treat-

ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 5,870,653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h. For the eighth judicial district department of correctional services, including the treat-

ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 5,970,648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *As a condition of the funds appropriated in this paragraph, the eighth judicial district de-

partment of correctional services shall establish a drug court that uses the community-panel model.* 2. Each judicial district department of correctional services, within the funding available,

shall continue programs and plans established within that district to provide for intensive su- pervision, sex offender treatment, diversion of low-risk offenders to the least restrictive sanc- tion available, job development, and expanded use of intermediate criminal sanctions.

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* Item veto; see message at end of the Act

701 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

3. Each judicial district department of correctional services shall provide alternatives to prison consistent with chapter 901B. The alternatives to prison shall ensure public safety while providing maximum rehabilitation to the offender. A judicial district department may also establish a day program. 4. The governor’s office of drug control policy shall consider federal grants made to the de-

partment of corrections for the benefit of each of the eight judicial district departments of correctional services as local government grants, as defined pursuant to federal regulations. 5. The department of corrections shall continue to contract with a judicial district depart-

ment of correctional services to provide for the rental of electronic monitoring equipment which shall be available statewide.

Sec. 7. INTENT — REPORTS. 1. Thedepartment of corrections shall submit a report on inmate labor to the general assem-

bly, to the co-chairpersons and the rankingmembers of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2006. The report shall specifically address the progress the department hasmade in implementing the require- ments of section 904.701, inmate labor on capital improvement projects, community work crews, inmate produce gardening, and private-sector employment. 2. The department in cooperationwith townships, the Iowa cemetery associations, and oth-

er nonprofit or governmental entities may use inmate labor to restore or preserve rural ceme- teries and historical landmarks. The department in cooperation with the counties may also use inmate labor to clean up roads, major water sources, and other water sources around the state. 3. Each month the department shall provide a status report regarding private-sector em-

ployment to the legislative services agency beginning on July 1, 2005. The report shall include the number of offenders employed in the private sector, the combined number of hours worked by the offenders, and the total amount of allowances, and the distribution of allow- ances pursuant to section 904.702, including any moneys deposited in the general fund of the state.

Sec. 8. ELECTRONICMONITORING REPORT. The department of corrections shall sub- mit a report on electronic monitoring to the general assembly, to the co-chairpersons and the ranking members of the joint appropriations subcommittee on the justice system, and to the legislative services agency by January 15, 2006. The report shall specifically address the num- ber of persons being electronically monitored and break down the number of persons being electronically monitored by offense committed. The report shall also include a comparison of any data from the prior fiscal year with the current year.

Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 1. As used in this section, unless the context otherwise requires, “state agency” means the

government of the state of Iowa, includingbut not limited to all executive branchdepartments, agencies, boards, bureaus, and commissions, the judicial branch, the general assembly and all legislative agencies, institutions within the purview of the state board of regents, and any cor- poration whose primary function is to act as an instrumentality of the state. 2. State agencies are hereby encouraged to purchase products from Iowa state industries,

as defined in section 904.802, when purchases are required and the products are available from Iowa state industries. State agencies shall obtain bids from Iowa state industries for pur- chases of office furniture exceeding $5,000 or in accordance with applicable administrative rules related to purchases for the agency.

Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated:

702LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

1. For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:

$ 18,444,964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 202.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. For the fees of court-appointed attorneys for indigent adults and juveniles, in accordance with section 232.141 and chapter 815:

$ 21,163,082. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. 1. There is appropriated from the general fund of the state to the Iowa law enforcement

academy for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, including jailer training and

technical assistance, and for not more than the following full-time equivalent positions: $ 1,075,138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 30.05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It is the intent of the general assembly that the Iowa law enforcement academymay provide

training of state and local law enforcement personnel concerning the recognition of and re- sponse to persons with Alzheimer’s disease. The Iowa law enforcement academy may temporarily exceed and draw more than the

amount appropriated and incur a negative cash balance as long as there are receivables equal to or greater than the negative balance and the amount appropriated in this subsection is not exceeded at the close of the fiscal year. 2. The Iowa law enforcement academy may select at least five automobiles of the depart-

ment of public safety, division of the Iowa state patrol, prior to turning over the automobiles to the department of administrative services to be disposed of by public auction and the Iowa law enforcement academymay exchange any automobile owned by the academy for each au- tomobile selected if the selected automobile is used in training law enforcement officers at the academy. However, any automobile exchanged by the academy shall be substituted for the selected vehicle of the department of public safety and sold by public auctionwith the receipts being deposited in the depreciation fund to the credit of the department of public safety, divi- sion of the Iowa state patrol.

Sec. 12. BOARD OF PAROLE. There is appropriated from the general fund of the state to the board of parole for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 1,121,044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 17.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is appropriated from the general fund of the state to the department of public defense for the fiscal year beginning July 1, 2005, andending June30, 2006, the followingamounts, or somuch thereof as is necessary, tobeused for the purposes designated: 1. MILITARY DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 5,130,040. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 312.55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Themilitary divisionmay temporarily exceed and drawmore than the amount appropriated

and incur a negative cash balance as long as there are receivables of federal funds equal to or greater than the negative balance and the amount appropriated in this subsection is not ex- ceeded at the close of the fiscal year.

703 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 1,172,230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 24.75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2005, andending June30, 2006, the followingamounts, or somuch thereof as is necessary, tobeused for the purposes designated: 1. For the department’s administrative functions, including the criminal justice information

system, and for not more than the following full-time equivalent positions: $ 3,073,274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 38.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For the division of criminal investigation and bureau of identification, including the

state’s contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries forwhich the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:

$ 14,760,898. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 228.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. For the criminalistics laboratory fund, if created in section 602.8108: $ 342,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The department of public safety, with the approval of the department of management, may employ nomore than two special agents and four gaming enforcement officers for each addi- tional riverboat regulated after July 1, 2005, and one special agent for each racing facility which becomes operational during the fiscal year which begins July 1, 2005. One additional gamingenforcement officer, up to a total of four per riverboat,maybe employed for each river- boat that has extended operations to 24 hours and has not previously operated with a 24-hour schedule. Positions authorized in this paragraph are in addition to the full-time equivalent positions otherwise authorized in this subsection. 4. a. For the division of narcotics enforcement, including the state’s contribution to the

peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries forwhich the funds are appropriated, tomeet federal fund matching requirements, and for not more than the following full-time equivalent positions:

$ 4,701,141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 75.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For the division of narcotics enforcement for undercover purchases: $ 123,343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. a. For the state fire marshal’s office, including the state’s contribution to the peace offi- cers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appropriated, and for not more than the follow- ing full-time equivalent positions:

$ 2,256,998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 42.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For the state fire marshal’s office, for fire protection services as provided through the state fire service and emergency response council as created in the department, and for not more than the following full-time equivalent positions:

$ 638,021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*Of the amount appropriated in this paragraph, the state fire marshal shall allocate $200 for the mailing of a notice to all affected agencies or emergency services providers informing the agencies or providers about the requirement of an autopsy under section 144.56A.* 6. For the division of the Iowa state patrol of the department of public safety, for salaries,

___________________

* Item veto; see message at end of the Act

704LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

support, maintenance, workers’ compensation costs, and miscellaneous purposes, including the state’s contribution to the peace officers’ retirement, accident, and disability system pro- vided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appro- priated, and for not more than the following full-time equivalent positions:

$ 43,076,973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 531.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

It is the intent of the general assembly that members of the Iowa state patrol be assigned to patrol the highways and roads in lieu of assignments for inspecting school buses for the school districts. 7. For deposit in the public safety law enforcement sick leave benefits fund established un-

der section 80.42, for all departmental employees eligible to receive benefits for accrued sick leave under the collective bargaining agreement:

$ 316,179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An employee of the department of public safety who retires after July 1, 2005, but prior to

June 30, 2006, is eligible for payment of life or health insurance premiums as provided for in the collective bargaining agreement covering the public safety bargaining unit at the time of retirement if that employee previously served in a position whichwould have been covered by the agreement. The employee shall be given credit for the service in that prior position as though it were covered by that agreement. The provisions of this subsection shall not operate to reduce any retirement benefits an employee may have earned under other collective bar- gaining agreements or retirement programs. 8. For costs associated with the training and equipment needs of volunteer fire fighters and

for not more than the following full-time equivalent position: $ 699,587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 1.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this subsection that remain unobli-

gated or unexpended at the close of the fiscal year shall not revert but shall remain available for expenditure only for the purpose designated in this subsection until the close of the suc- ceeding fiscal year.

Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated from the general fund of the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 950,788. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 27.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Iowa state civil rights commission may enter into a contract with a nonprofit organiza-

tion to provide legal assistance to resolve civil rights complaints.

Sec. 16. DIVISION OF CRIMINAL AND JUVENILE JUSTICE PLANNING. In addition to any other funds appropriated to the division of criminal and juvenile justice planning of the department of human rights, there is appropriated from the general fund of the state to the division of criminal and juvenile justice planning for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For the establishment andadministration of the sex offender treatment and supervision task

force: $ 75,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 17. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION. There is appropriated from the wireless E911 emergency communications fund to the admin-

705 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

istrator of the homeland security and emergency management division of the department of public defense for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not exceeding two hundred thousand dollars to be used for implementation, support, and maintenance of the functions of the administrator and program manager under chapter 34A and to employ the auditor of the state toperformanannual audit of thewirelessE911emergen- cy communications fund.

Sec. 18. IOWA LAW ENFORCEMENT ACADEMY — FEES. Notwithstanding section 80B.11B, the Iowa law enforcement academy may charge more than one-half the cost of pro- viding the basic training course if a majority of the Iowa law enforcement academy council authorizes charging more than one-half of the cost of providing basic training. This section is repealed on June 30, 2006.

Sec. 19. NEW SECTION. 144.56A PUBLIC SAFETY OFFICER DEATH — REQUIRED NOTICE — AUTOPSY. A person who is authorized to pronounce individuals dead is required to inform one of the

persons authorized to request an autopsy, as provided in section 144.56, that an autopsy will be required if the individual who diedwas a public safety officerwhomay have died in the line of duty and an eligible beneficiary of the deceased seeks to claim a federal public safety officer death benefit.

Sec. 20. Section 158.2, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 7. Offenders committed to the custody of the director of the depart-

ment of corrections who cut the hair, or trim or shave the beard of any other offender within a correctional facility, without receiving direct compensation from the person receiving the service.

DIVISION II METHAMPHETAMINE BAIL

PROVISIONS

Sec. 21. Section 804.21, subsection 1, Code 2005, as amended by 2005 Iowa Acts, Senate File 169,4 section 7, is amended to read as follows: 1. A person arrested in obedience to awarrant shall be takenwithout unnecessary delay be-

fore the nearest ormost accessiblemagistrate. The officer shall at the same time deliver to the magistrate the warrant with the officer’s return endorsed on it and subscribed by the officer with the officer’s official title. However, this section, and sections 804.22 and 804.23, do not preclude the release of an arrested person within the period of time the person would other- wise remain incarcerated while waiting to be taken before a magistrate if the release is pur- suant to pretrial release guidelines or a bond schedule promulgated by the judicial council, un- less the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine. If, however, a person is released pursuant to pretrial release guidelines, a magistrate must, within twenty-four hours of the release, or as soon as practicable on the next subsequent working day of the court, either approve inwriting of the release, or disapprove of the release and issue a warrant for the person’s arrest.

Sec. 22. Section 804.22, unnumbered paragraph 2, Code 2005, as amended by 2005 Iowa Acts, Senate File 169,5 section 8, is amended to read as follows: This section and the rules of criminal procedure do not affect the provisions of chapter 805

authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged withmanufacture, delivery, possession with intent tomanufacture or deliv- er, or distribution of methamphetamine. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release.

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4 Chapter 15 herein 5 Chapter 15 herein

706LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

Sec. 23. Section 811.2, subsection 1, unnumbered paragraph 2, Code 2005, as amended by 2005 Iowa Acts, Senate File 169,6 section 10, is amended to read as follows: Any bailable defendant who is charged with unlawful possession, manufacture, delivery, or

distribution of a controlled substance or other drug under chapter 124 and is ordered released shall be required, as a condition of that release, to submit to a substance abuse evaluation and follow any recommendations proposed in the evaluation for appropriate substance abuse treatment. However, if a bailable defendant is chargedwithmanufacture, delivery, possession with the intent tomanufactureor deliver, or distributionofmethamphetamine, its salts, optical isomers, and salts of its optical isomers, the defendant shall, in addition to a substance abuse evaluation, remain under supervision and be required to undergo random drug tests as a con- dition of release.

Sec. 24. Section 811.2, subsection 3,Code2005, as amendedby2005 IowaActs, SenateFile 169,7 section 11, is amended to read as follows: 3. RELEASE AT INITIAL APPEARANCE. This chapter does not preclude the release of an

arrested person as authorized by section 804.21, unless the arrested person is charged with manufacture, delivery, possession with the intent to manufacture or deliver, or distribution of methamphetamine.

Sec. 25. EFFECTIVE DATE. This division of this Act, being deemed of immediate impor- tance, takes effect upon enactment.

DIVISION III SUPPLEMENTAL APPROPRIATIONS

Sec. 26. 2004 Iowa Acts, chapter 1175, section 183, subsection 1, paragraph c, is amended to read as follows: c. For the operation of theOakdale correctional facility, including salaries, support,mainte-

nance, and miscellaneous purposes: $ 23,536,936. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23,636,936 Of the funds allocated in this paragraph “c”, $100,000 is allocated for the costs of remodeling

and construction to establish a specialized 24-bedmental health unit for offenderswho are not ordered to inpatient mental health treatment. The unit shall operate as an adjunct to the li- censed hospital program within the Oakdale correctional facility.

DEPARTMENT OF CORRECTIONS — ADMINISTRATION

Sec. 27. 2004 IowaActs, chapter 1175, section 184, subsection 1, paragrapha, unnumbered paragraph 1, is amended to read as follows: For general administration, including salaries, support, maintenance, employment of an

education director to administer a centralized education program for the correctional system, and miscellaneous purposes:

$ 2,784,393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,198,809

JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES

Sec. 28. 2004 IowaActs, chapter 1175, section 185, subsection 1, is amended to read as fol- lows: 1. There is appropriated from the general fund of the state to the department of corrections

for the fiscal year beginning July 1, 2004, and ending June 30, 2005, the following amounts, or so much thereof as is necessary, to be allocated as follows:

___________________

6 Chapter 15 herein 7 Chapter 15 herein

707 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

a. For the first judicial district department of correctional services, including the treatment and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 10,090,207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,142,332

b. For the second judicial district department of correctional services, including the treat- ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 7,755,402. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,803,027

c. For the third judicial district department of correctional services, including the treatment and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 4,631,423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,668,548

d. For the fourth judicial district department of correctional services, including the treat- ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 4,248,965. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,268,465

e. For the fifth judicial district department of correctional services, including the treatment and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 12,982,837. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,105,462

f. For the sixth judicial district department of correctional services, including the treatment and supervision of probation and parole violators who have been released from the depart- ment of corrections violator program, the following amount, or so much thereof as is neces- sary:

$ 10,064,717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,105,217

g. For the seventh judicial district department of correctional services, including the treat- ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 5,677,314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,700,939

h. For the eighth judicial district department of correctional services, including the treat- ment and supervision of probation and parole violators who have been released from the de- partment of corrections violator program, the following amount, or somuch thereof as is nec- essary:

$ 5,574,865. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,606,740

The appropriations made in this subsection include additional funding for costs to address additional methamphetamine drug offenders under supervision.

Sec. 29. 2004 Iowa Acts, chapter 1175, section 188, is amended to read as follows: SEC. 188. STATE PUBLIC DEFENDER. There is appropriated from the general fund of

708LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2004, and ending June 30, 2005, the following amounts, or so much thereof as is necessary, to be allocated as follows for the purposes designated: 1. For salaries, support, maintenance, and miscellaneous purposes, and for not more than

the following full-time equivalent positions: $ 16,663,446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18,247,561 FTEs 202.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. For the fees of court-appointed attorneys for indigent adults and juveniles, in accordance with section 232.141 and chapter 815:

$ 19,355,297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,251,339

Sec. 30. 2004 Iowa Acts, chapter 1175, section 192, subsection 2, unnumbered paragraph 1, is amended to read as follows: For the division of criminal investigation and bureau of identification, including the state’s

contribution to the peace officers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:

$ 14,058,510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,208,510

FTEs 221.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 31. 2004 Iowa Acts, chapter 1175, section 192, subsection 4, paragraph a, is amended to read as follows: a. For the state firemarshal’s office, including the state’s contribution to the peace officers’

retirement, accident, and disability system provided in chapter 97A in the amount of 17 per- cent of the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions:

$ 2,181,998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,281,998

FTEs 39.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this lettered paragraph that remain

unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

Sec. 32. 2004 Iowa Acts, chapter 1175, section 193, is amended to read as follows: SEC. 193. CIVIL RIGHTS COMMISSION. There is appropriated from the general fund of

the state to the Iowa state civil rights commission for the fiscal year beginning July 1, 2004, and ending June 30, 2005, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions: $ 825,752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

911,752 FTEs 28.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Iowa state civil rights commission may enter into a contract with a nonprofit organiza- tion to provide legal assistance to resolve civil rights complaints.

Sec. 33. EFFECTIVE DATE. This division of this Act, being deemed of immediate impor- tance, takes effect upon enactment.

709 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 174

DIVISION IV APPROPRIATIONS FROM HEALTHY IOWANS TOBACCO TRUST

Sec. 34. In addition to any other funds appropriated from the healthy Iowans tobacco trust created in section 12.65 to the department of corrections for the fiscal year beginning July 1, 2005, and ending June 30, 2006, there is appropriated from the healthy Iowans tobacco trust to the department of corrections for the fiscal year beginning July 1, 2005, and ending June 30, 2006, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For the judicial district departments of correctional services:

$ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of the funds appropriated in this division, $100,000 shall be allocated to each judicial district

department of correctional services.

DIVISION V CONTINGENT APPROPRIATIONS FROM

MICROSOFT SETTLEMENT

Sec. 35. DIVISIONOF THE IOWASTATEPATROL. In addition to any other funds appro- priated from the general fund of the state to the division of the Iowa state patrol, there is appro- priated from the general fund of the state to the division of the Iowa state patrol for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not exceeding $785,000 to be used for motor vehicle depreciation. The funds appropriated in this section are contingent upon receipt by the general fund of the state of an amount at least equal to the expenditure amount from costs or attorney fees awarded the state in settlement of its antitrust action against Microsoft brought under chapter 553. However, if the amounts received as a result of this settlement are in excess of $785,000, the excess amounts shall not be appropriated to the division of the Iowa state patrol pursuant to this section.

Sec. 36. DIVISION OF CRIMINAL INVESTIGATION AND BUREAU OF IDENTIFICA- TION. In addition to any other funds appropriated from the general fund of the state to the division of criminal investigation and bureau of identification, there is appropriated from the general fund of the state to the division of criminal investigation and bureau of identification for the fiscal year beginning July 1, 2005, and ending June 30, 2006, an amount not exceeding $929,206. The funds appropriated in this section are contingent upon receipt by the general fund of the state of an amount at least equal to the expenditure amount from costs or attorney fees awarded the state in settlement of its antitrust action against Microsoft brought under chapter 553. However, if the amounts received as a result of this settlement are in excess of $929,206, the excess amounts shall not be appropriated to the division of criminal investiga- tion and bureau of identification pursuant to this section.

Approved June 14, 2005, with exceptions noted.

THOMAS J. VILSACK, Governor

Dear Mr. Secretary:

I hereby transmit House File 811, an Act relating to and making appropriations to the justice system, revising pretrial release requirements for certain criminal offenses, and providing an effective date.

710LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 174

House File 811 is approved on this date, with the following exceptions, which I hereby disap- prove:

I am unable to approve the item designated as Division I, Section 6, subsection 1, paragraph h, first unnumbered paragraph in its entirety. This paragraph deals with a reference to the establishment of a community panel drug court in the eighth judicial district department of correctional service, which during the final days, the funding was removed, however the lan- guage remained due to an oversight. Since the funding was removed and not included, this language becomes unnecessary.

I am unable to approve the item designated as Division I, Section 14, subsection 5, paragraph b, first unnumbered paragraph in its entirety. This paragraph deals with a reference to the al- location of $200 for the mailing of a notice to all affected agencies or emergency services pro- viders informing the agencies or providers about the requirement of an autopsy under section 144.56A. Unfortunately, the wording may actually serve as a barrier to proper notification. The cost of mailing notices to hundreds of public safety agencies, professional organizations, and other relevant parties, including countymedical examiners, may substantially exceed the $200 amount. As such, I want to ensure that the Department of Public Safety is not hindered or unduly limited in their ability to providenotice bymultiplemeans, includingmailingnotices even if the cost of such mailings exceeds $200.

I have instructed the Department of Public Safety, in cooperation with the State Medical Ex- aminer, to fully inform agencieswhose employees and volunteers are subject to the provisions of the new Iowa Code Section 144.56A of this provision as well as families of the deceased. The Department of Public Safety will enlist various means of providing notification, through presentations at conferences of organizations representing public safety officers, articles and notices in those organizations’ newsletters, and notices by U.S. mail or electronic mail, when available, to those organizations and agencies with covered employees or volunteers.

For the above reasons, I respectfully disapprove these items in accordancewithArticle III, Sec- tion 16 of the Constitution of the State of Iowa. All other items in House File 811 are hereby approved as of this date.

Sincerely, THOMAS J. VILSACK, Governor