Read the full stored bill text
House
File
1047
-
Introduced
HOUSE
FILE
1047
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
333)
A
BILL
FOR
An
Act
relating
to
prison
infrastructure.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
2968HV
(1)
91
as/ns
H.F.
1047
Section
1.
Section
12.80,
subsection
4,
Code
2025,
is
1
amended
to
read
as
follows:
2
4.
The
net
proceeds
from
the
bonds
issued
under
this
section
3
shall
be
deposited
into
the
FY
2009
prison
bonding
fund
new
4
prison
construction
account
of
the
Iowa
prison
infrastructure
5
fund
created
in
section
602.8108A
.
6
Sec.
2.
Section
602.8108A,
Code
2025,
is
amended
to
read
as
7
follows:
8
602.8108A
Prison
Iowa
prison
infrastructure
fund
——
new
9
prison
construction
account
.
10
1.
The
Iowa
prison
infrastructure
fund
is
created
and
11
established
as
a
separate
and
distinct
fund
in
the
state
12
treasury.
Notwithstanding
any
other
provision
of
this
chapter
13
to
the
contrary,
the
first
eight
million
dollars
and,
beginning
14
July
1,
1997,
the
first
nine
million
five
hundred
thousand
15
dollars
,
of
moneys
remitted
to
the
treasurer
of
state
from
16
fines,
fees,
costs,
and
forfeited
bail
collected
by
the
clerks
17
of
the
district
court
in
criminal
cases,
including
those
18
collected
for
both
scheduled
and
nonscheduled
violations,
19
collected
in
each
fiscal
year
commencing
with
the
fiscal
20
year
beginning
July
1,
1995,
shall
be
deposited
in
the
fund.
21
Beginning
July
1,
2009,
the
The
treasurer
of
state
shall
22
certify
to
the
judicial
branch
the
annual
amount
of
funds
23
moneys
necessary
to
be
remitted
for
deposit
into
the
fund
for
24
that
fiscal
year
and
such
moneys
shall
be
remitted
to
the
25
treasurer
of
state
from
fines,
fees,
costs,
and
forfeited
bail
26
collected
by
the
clerks
of
the
district
court
in
criminal
27
cases,
including
those
collected
for
both
scheduled
and
28
nonscheduled
violations,
for
debt
payments
and
deposits
29
expected
to
be
paid
from
the
fund.
Interest
Notwithstanding
30
section
12C.7,
subsection
2,
interest
and
other
income
earned
31
by
the
fund
shall
be
deposited
in
the
fund.
However,
beginning
32
with
the
fiscal
year
beginning
July
1,
1998,
all
fines
and
33
fees
attributable
to
commercial
vehicle
violation
citations
34
issued
after
July
1,
1998,
shall
be
deposited
as
provided
35
-1-
LSB
2968HV
(1)
91
as/ns
1/
5
H.F.
1047
in
section
602.8108,
subsection
8
.
The
moneys
in
the
fund
1
are
appropriated
and
shall
have
priority
and
precedence
for
2
the
purpose
of
paying
the
principal
of,
premium,
if
any,
3
and
interest
on
bonds
issued
by
the
Iowa
finance
authority
4
under
section
16.177
.
Any
remaining
moneys
not
otherwise
5
appropriated
for
purposes
of
paying
the
principal,
premium,
6
and
interest
on
the
bonds
issued
by
the
Iowa
finance
authority
7
pursuant
to
section
16.177
shall
be
available
and
appropriated
8
to
the
treasurer
of
state
pursuant
to
section
12.80
.
Except
as
9
otherwise
provided
in
subsection
2
,
amounts
in
the
funds
fund
10
shall
not
be
subject
to
appropriation
for
any
purpose
by
the
11
general
assembly,
but
shall
be
used
only
for
the
purposes
set
12
forth
in
this
section
.
The
treasurer
of
state
shall
act
as
13
custodian
of
the
fund
and
disburse
amounts
contained
in
it
the
14
fund
as
directed
by
the
department
of
corrections
including
the
15
automatic
disbursement
of
funds
moneys
pursuant
to
the
terms
16
of
bond
indentures
and
documents
and
security
provisions
to
17
trustees
and
custodians.
The
treasurer
of
state
is
authorized
18
to
invest
the
funds
moneys
deposited
in
the
fund
subject
to
19
any
limitations
contained
in
any
applicable
bond
proceedings.
20
Any
amounts
remaining
in
the
fund
at
the
end
of
each
fiscal
21
year
,
other
than
moneys
in
the
new
prison
construction
account
22
created
in
subsection
2,
shall
be
transferred
to
the
general
23
fund
of
the
state.
24
2.
If
the
treasurer
of
state
determines
that
bonds
cannot
be
25
issued
pursuant
to
this
section
and
sections
12.80
and
16.177
26
or
if
there
are
any
remaining
moneys
at
the
end
of
a
fiscal
27
year
after
the
appropriations
are
paid
pursuant
to
sections
28
12.80
and
16.177
,
the
treasurer
of
state
shall
deposit
the
29
moneys
in
the
prison
infrastructure
fund
into
the
general
fund
30
of
the
state.
A
new
prison
construction
account
is
created
31
within
the
Iowa
prison
infrastructure
fund.
For
the
fiscal
32
year
beginning
July
1,
2025,
and
each
fiscal
year
thereafter,
33
if
bonds
pertaining
to
prison
infrastructure
financing
for
the
34
Iowa
state
penitentiary
are
paid
off,
an
amount
equal
to
the
35
-2-
LSB
2968HV
(1)
91
as/ns
2/
5
H.F.
1047
amounts
paid
on
such
bonds
for
the
fiscal
year
beginning
July
1
1,
2024,
shall
be
deposited
in
the
new
prison
construction
2
account
from
the
Iowa
prison
infrastructure
fund
and
shall
3
only
be
used
pursuant
to
an
appropriation
made
by
the
general
4
assembly
for
the
construction
of
new
prisons
or
the
replacement
5
of
infrastructure
at
existing
prisons.
Notwithstanding
6
section
8.33,
moneys
in
the
account
that
remain
unencumbered
7
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
8
but
shall
remain
available
for
expenditure
for
the
purposes
9
designated.
Notwithstanding
section
12C.7,
subsection
2,
10
interest
or
earnings
on
moneys
in
the
account
shall
be
credited
11
to
the
account.
12
Sec.
3.
NEW
SECTION
.
904.115A
Infrastructure
report
by
13
department.
14
Annually,
on
or
before
January
15
of
each
year,
the
15
department
shall
report
to
the
general
assembly
and
the
16
department
of
management
the
status
of
all
infrastructure
17
projects
completed
or
in
progress.
The
report
must
include
18
a
description
of
the
project,
the
work
completed,
the
total
19
estimated
cost
of
the
project,
a
list
of
all
revenue
sources
20
being
used
to
fund
the
project,
the
amount
of
moneys
expended,
21
the
amount
of
moneys
obligated,
and
the
date
the
project
was
22
completed
or
an
estimated
completion
date
of
the
project,
where
23
applicable.
24
Sec.
4.
REPEAL.
Section
12.79,
Code
2025,
is
repealed.
25
Sec.
5.
LEGISLATIVE
INTERIM
STUDY
COMMITTEE
——
CONSTRUCTION
26
AND
OPERATION
OF
ADDITIONAL
PRISON
IN
THE
STATE.
27
1.
The
legislative
council
is
requested
to
establish
an
28
interim
study
committee
to
meet
during
the
2025
legislative
29
interim
to
explore
and
consider
issues
involving
prison
30
capacity
and
the
feasibility
of
an
additional
prison
or
other
31
prison
housing
options.
The
interim
study
committee
shall
32
consider
all
of
the
following:
33
a.
Need.
34
b.
Geographic
locations.
35
-3-
LSB
2968HV
(1)
91
as/ns
3/
5
H.F.
1047
c.
Existing
state
infrastructure
that
could
be
converted
to
1
a
prison.
2
d.
The
level
of
security
classification
most
needed
in
the
3
current
system.
4
e.
The
possibility
of
adding
additional
units
to
existing
5
prisons.
6
f.
The
feasibility
of
a
new
prison
operation,
public
or
7
otherwise,
or
the
expansion
of
the
current
state
operation.
8
g.
Advancements
in
prison
technology
that
increase
prison
9
efficiency.
10
h.
Staffing
needs.
11
2.
a.
The
interim
study
committee
shall
include
all
of
the
12
following
members:
13
(1)
Two
senators
appointed
by
the
majority
leader
of
the
14
senate.
15
(2)
One
senator
appointed
by
the
minority
leader
of
the
16
senate.
17
(3)
Two
representatives
appointed
by
the
speaker
of
the
18
house
of
representatives.
19
(4)
One
representative
appointed
by
the
minority
leader
of
20
the
house
of
representatives.
21
b.
The
interim
study
committee
shall
elect
one
of
its
22
members
as
chairperson.
23
3.
On
or
before
December
18,
2025,
the
interim
study
24
committee
shall
submit
a
report
to
the
general
assembly
and
the
25
governor.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
creates
a
new
prison
construction
account
within
30
the
Iowa
prison
infrastructure
(IPI)
fund.
31
Under
current
law,
the
treasurer
of
state
is
authorized
to
32
issue
bonds
to
provide
prison
infrastructure
financing
(Code
33
section
12.80)
and
the
Iowa
finance
authority
is
authorized
34
to
issue
bonds
to
provide
prison
infrastructure
financing
for
35
-4-
LSB
2968HV
(1)
91
as/ns
4/
5
H.F.
1047
projects
approved
for
financing
by
the
general
assembly
(Code
1
section
16.177).
In
either
case,
the
bonds
may
be
paid
from
2
moneys
in
the
IPI
fund
(Code
section
602.8108A),
which
receives
3
moneys
each
fiscal
year
from
fines,
fees,
costs,
and
forfeited
4
bail
collected
by
the
clerks
of
the
district
court
in
criminal
5
cases.
6
The
bill
provides
that
for
FY
2025-2026,
and
each
fiscal
7
year
thereafter,
if
infrastructure
financing
bonds
pertaining
8
to
the
Iowa
state
penitentiary
(Fort
Madison,
Iowa)
are
paid
9
off,
an
amount
equal
to
the
amounts
paid
on
such
bonds
for
FY
10
2024-2025
shall
be
deposited
into
the
new
prison
construction
11
account
from
the
IPI
fund
and
shall
only
be
used
pursuant
to
an
12
appropriation
made
by
the
general
assembly
for
the
construction
13
of
new
prisons
or
the
replacement
of
infrastructure
at
existing
14
prisons.
Moneys
in
the
account
do
not
revert
and
are
not
15
deposited
in
the
general
fund
of
the
state
at
the
end
of
each
16
fiscal
year
(unlike
the
other
moneys
in
the
IPI
fund).
17
The
bill
repeals
the
FY
2009
prison
bonding
fund
(Code
18
section
12.79)
and
moves
the
infrastructure
project
reporting
19
requirement
for
the
department
of
corrections
in
that
Code
20
section
to
Code
chapter
904
(department
of
corrections).
21
The
bill
requests
that
the
legislative
council
establish
22
an
interim
study
committee
to
explore
and
consider
issues
23
involving
prison
capacity
and
the
feasibility
of
an
additional
24
prison
or
other
prison
housing
options.
The
interim
study
25
committee
is
directed
to
consider
factors
set
forth
in
the
26
bill.
The
bill
requires
the
interim
study
committee
to,
on
27
or
before
December
18,
2025,
submit
a
report
to
the
general
28
assembly
and
the
governor.
29
-5-
LSB
2968HV
(1)
91
as/ns
5/
5