Read the full stored bill text
Senate
File
2388
-
Introduced
SENATE
FILE
2388
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3176)
A
BILL
FOR
An
Act
establishing
continuing
appropriations
in
fiscal
years
1
for
which
the
general
assembly
does
not
pass
an
annual
2
budget.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
2.12C
Continuing
appropriations.
1
1.
Annual
budget
not
passed
by
general
assembly.
2
a.
This
section
applies
to
any
fiscal
year
for
which
the
3
general
assembly
has
not
passed
and
presented
to
the
governor,
4
on
or
before
July
1
of
the
fiscal
year,
any
bills
appropriating
5
moneys
for
the
fiscal
year.
6
b.
If,
on
or
after
July
1
of
the
fiscal
year,
the
general
7
assembly
passes
and
presents
to
the
governor
one
or
more
bills
8
appropriating
moneys
for
the
fiscal
year,
this
section
shall
9
cease
to
apply
for
purposes
of
that
fiscal
year.
10
c.
For
purposes
of
this
subsection,
“bill
appropriating
11
moneys
for
the
fiscal
year”
does
not
include
any
of
the
12
following:
13
(1)
A
bill
enacting
an
appropriation
for
the
fiscal
year
in
14
this
Code.
15
(2)
A
bill
enacting
an
appropriation
for
the
fiscal
year
if
16
the
bill
was
passed
and
presented
to
the
governor
prior
to
July
17
1
of
the
immediately
preceding
fiscal
year.
18
2.
Prior
fiscal
year
appropriations
determined.
19
a.
For
all
line
item
appropriations,
standing
limited
20
appropriations,
and
standing
unlimited
appropriations
otherwise
21
limited
by
law,
including
appropriations
from
federal
and
22
nonstate
funds,
the
department
of
management,
in
consultation
23
with
the
legislative
services
agency,
shall
determine
the
24
amount
of
such
line
item
appropriations,
standing
limited
25
appropriations,
and
standing
unlimited
appropriations
otherwise
26
limited
by
law,
including
appropriations
from
federal
and
27
nonstate
funds,
made
for
the
immediately
preceding
fiscal
year
28
by
taking
into
consideration
all
of
the
following:
29
(1)
All
Acts
appropriating
moneys
for
that
immediately
30
preceding
fiscal
year.
31
(2)
All
interdepartmental
and
intradepartmental
transfers
32
made
pursuant
to
section
8.39
and
other
provisions
of
law
for
33
that
immediately
preceding
fiscal
year.
34
(3)
Other
relevant
provisions
of
law.
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b.
The
department
of
management,
in
consultation
with
the
1
legislative
services
agency,
shall
also
identify
the
entities
2
to
which
such
appropriations
were
made,
or
the
entities’
3
successors.
4
3.
Continuing
appropriation.
There
is
appropriated
from
the
5
appropriate
state
fund
or
account
to
the
entities
identified
6
pursuant
to
subsection
2,
for
the
fiscal
year
to
which
this
7
section
applies,
amounts,
or
so
much
thereof
as
is
necessary,
8
equal
to
the
amounts
of
all
line
item
appropriations,
standing
9
limited
appropriations,
and
standing
unlimited
appropriations
10
otherwise
limited
by
law,
including
federal
and
nonstate
funds,
11
made
for
the
immediately
preceding
fiscal
year,
as
determined
12
pursuant
to
subsection
2.
13
4.
Duplicative
standing
appropriations
supplanted.
The
14
amounts
appropriated
under
subsection
3
shall
supplant
any
15
duplicative
standing
appropriation
for
the
fiscal
year
to
which
16
this
section
applies.
17
5.
Miscellaneous
provisions
applicable.
Powers,
duties,
18
limitations,
or
requirements,
including
reporting
requirements,
19
set
forth
for
appropriations
applicable
to
the
immediately
20
preceding
fiscal
year
are
applicable
for
the
fiscal
year
to
21
which
this
section
applies,
and
any
specified
date
contained
22
therein
shall
apply
one
year
later
than
specified.
23
6.
Allocation
amounts.
For
any
line
item
appropriation,
24
standing
limited
appropriation,
or
standing
unlimited
25
appropriation
otherwise
limited
by
law
identified
pursuant
to
26
subsection
2,
which
is
subject
to
an
allocation
amount
for
the
27
immediately
preceding
fiscal
year,
the
amount
appropriated
28
under
subsection
3
based
on
the
appropriation
shall
be
subject
29
to
the
same
allocation
amount
for
the
fiscal
year
to
which
this
30
section
applies.
31
7.
Nonreversion.
For
any
line
item
appropriation,
standing
32
limited
appropriation,
or
standing
unlimited
appropriation
33
otherwise
limited
by
law
identified
pursuant
to
subsection
2
34
that
is
subject
to
a
specified
nonreversion
provision,
whether
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for
a
limited
or
unlimited
period,
the
amount
appropriated
1
under
subsection
3
based
on
the
appropriation
shall
be
subject
2
to
the
same
specified
nonreversion
provision,
and
in
the
case
3
of
a
specified
nonreversion
provision
for
a
limited
period,
4
the
period
shall
be
considered
to
be
one
fiscal
year
longer
5
than
specified
for
the
appropriation
identified
pursuant
to
6
subsection
2.
7
8.
Full-time
equivalent
positions.
The
amounts
appropriated
8
under
subsection
3
to
an
entity
identified
pursuant
to
9
subsection
2
may
be
used
by
the
entity
for
a
number
of
10
full-time
equivalent
positions
for
the
fiscal
year
to
which
11
this
section
applies,
equal
to
the
number
of
full-time
12
equivalent
positions
authorized
for
the
entity
for
the
13
immediately
preceding
fiscal
year.
14
9.
Exclusions.
This
section
does
not
apply
to
15
appropriations
identified
under
subsection
2
that
the
16
department
of
management,
in
consultation
with
the
legislative
17
services
agency,
determines
to
be
one-time
appropriations.
18
For
purposes
of
this
subsection,
“one-time
appropriation”
19
may
include
but
is
not
limited
to
an
appropriation
from
the
20
rebuild
Iowa
infrastructure
fund
created
in
section
8.57
or
the
21
technology
reinvestment
fund
created
in
section
8.57C,
or
a
22
similar
appropriation
for
an
infrastructure
project,
technology
23
project,
or
temporary
project
or
program
for
which
a
subsequent
24
fiscal
year
appropriation
is
not
appropriate.
25
10.
Adjustment
for
expenditure
limitation.
If
appropriations
26
made
from
the
general
fund
of
the
state
pursuant
to
subsection
27
3
would
not
comply
with
the
general
fund
expenditure
28
limitation
under
section
8.54,
the
department
of
management,
29
in
consultation
with
the
legislative
services
agency,
shall
30
reduce
appropriations
made
from
the
general
fund
of
the
31
state
pursuant
to
subsection
3,
each
by
the
same
percentage,
32
such
that
appropriations
made
from
the
general
fund
of
the
33
state
pursuant
to
subsection
3
comply
with
the
general
fund
34
expenditure
limitation
under
section
8.54.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
establishes
continuing
appropriations
in
fiscal
4
years
for
which
the
general
assembly
does
not
pass
an
annual
5
budget.
The
bill
applies
to
fiscal
years
for
which
the
general
6
assembly
has
not
passed
and
presented
to
the
governor,
on
or
7
before
July
1
of
the
fiscal
year,
any
bills
appropriating
8
moneys
for
the
fiscal
year,
with
certain
exclusions.
The
bill
9
ceases
to
apply
for
a
fiscal
year
if,
on
or
after
July
1
of
the
10
fiscal
year,
the
general
assembly
passes
and
presents
to
the
11
governor
one
or
more
bills
appropriating
moneys
for
the
fiscal
12
year.
13
For
fiscal
years
to
which
the
bill
applies,
the
bill
requires
14
the
department
of
management
(DOM),
in
consultation
with
the
15
legislative
services
agency
(LSA),
to
identify
the
amounts
of
16
all
line
item
appropriations,
standing
limited
appropriations,
17
and
standing
unlimited
appropriations
otherwise
limited
by
law
18
for
the
immediately
preceding
fiscal
year,
and
the
entities
to
19
which
those
appropriations
were
made.
The
bill
appropriates
20
those
amounts
to
those
entities
for
the
fiscal
year
to
which
21
the
bill
applies.
22
The
bill
supplants
duplicative
standing
appropriations,
23
meaning
the
amounts
for
line
item
appropriations,
standing
24
limited
appropriations,
and
standing
unlimited
appropriations
25
otherwise
limited
by
law
identified
for
the
immediately
26
preceding
fiscal
year
apply
in
lieu
of
amounts
estimated
for
27
associated
standing
appropriations
for
the
fiscal
year
to
which
28
the
bill
applies.
29
The
bill
applies
powers,
duties,
limitations,
requirements,
30
allocations,
nonreversions,
and
full-time
equivalent
position
31
authorizations
associated
with
such
appropriations
from
the
32
immediately
preceding
fiscal
year
for
the
fiscal
year
to
which
33
the
bill
applies.
34
The
bill
excludes
one-time
appropriations
from
the
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immediately
preceding
fiscal
year,
as
determined
by
DOM
in
1
consultation
with
LSA.
One-time
appropriations
may
include
2
but
are
not
limited
to
appropriations
for
an
infrastructure
3
project,
technology
project,
or
temporary
project
or
program
4
for
which
a
subsequent
fiscal
year
appropriation
is
not
5
appropriate.
6
The
bill
does
not
reapply
uncodified
transfers
from
the
7
immediately
preceding
fiscal
year.
Codified
transfers
are
not
8
affected
by
the
bill
and
would
operate
in
accordance
with
the
9
Code
during
the
fiscal
year
to
which
the
bill
applies.
10
The
bill
authorizes
DOM,
in
consultation
with
LSA,
to
reduce
11
all
appropriations
from
the
general
fund
of
the
state
under
the
12
bill
for
a
fiscal
year
by
the
same
percentage
if
necessary
to
13
comply
with
state
general
fund
expenditure
limitation.
14
The
general
assembly
passed
similar
provisions
in
June
2020
15
applicable
only
to
FY
2020-2021.
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