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Senate
File
2461
-
Introduced
SENATE
FILE
2461
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
SF
2388)
(SUCCESSOR
TO
SSB
3176)
A
BILL
FOR
An
Act
establishing
continuing
appropriations
in
fiscal
years
1
for
which
annual
appropriations
have
not
been
enacted.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
2.12C
Continuing
appropriations.
1
1.
Annual
appropriations
not
enacted.
2
a.
(1)
This
section
applies
to
any
fiscal
year
for
3
which
one
or
more
line
item
appropriations,
standing
limited
4
appropriations,
or
standing
unlimited
appropriations
otherwise
5
limited
by
law
for
the
immediately
preceding
fiscal
year
have
6
not
been
enacted
in
an
identical
provision
for
the
fiscal
year
7
to
which
this
section
applies
on
or
before
July
1
of
the
fiscal
8
year.
9
(2)
If,
on
or
after
July
1
of
the
fiscal
year,
a
line
item
10
appropriation,
standing
limited
appropriation,
or
standing
11
unlimited
appropriation
otherwise
limited
by
law
for
the
12
immediately
preceding
fiscal
year
is
enacted
in
an
identical
13
provision
for
the
fiscal
year
to
which
this
section
applies,
14
this
section
shall
cease
to
apply
for
purposes
of
that
15
appropriation.
The
amount
of
moneys
already
expended
under
16
subsection
3
for
the
appropriation
shall
supplant
a
like
amount
17
under
the
appropriation
enacted
for
the
fiscal
year.
18
(3)
For
purposes
of
this
paragraph,
an
appropriation
19
for
the
immediately
preceding
fiscal
year
is
identical
to
an
20
appropriation
enacted
for
the
fiscal
year
to
which
this
section
21
applies
if
there
are
no
differences
between
the
two
provisions
22
other
than
reference
to
the
fiscal
year,
references
to
the
23
legislation’s
subunit
hierarchy,
or
differences
in
amounts
24
for
the
appropriation,
allocations,
or
full-time
equivalent
25
positions.
26
b.
For
purposes
of
this
subsection,
“enacted”
means
the
bill
27
or
joint
resolution
that
includes
the
appropriation
has
been
28
passed
by
the
general
assembly,
presented
to
the
governor,
and
29
one
of
the
following
occurs
under
Article
III,
section
16,
of
30
the
Constitution
of
the
State
of
Iowa:
31
(1)
The
governor
signs
the
bill
or
joint
resolution
without
32
disapproving
the
appropriations
item.
33
(2)
The
bill
or
joint
resolution
becomes
law
as
described
34
in
section
3.5.
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(3)
The
bill
or
joint
resolution
becomes
law
1
notwithstanding
the
governor’s
objections
by
a
majority
of
two
2
thirds
of
the
members
of
each
chamber
of
the
general
assembly.
3
2.
Prior
fiscal
year
appropriations
determined.
4
a.
For
all
line
item
appropriations,
standing
limited
5
appropriations,
and
standing
unlimited
appropriations
otherwise
6
limited
by
law,
including
appropriations
from
federal
and
7
nonstate
funds,
the
department
of
management,
in
consultation
8
with
the
legislative
services
agency,
shall
determine
the
9
amount
of
such
line
item
appropriations,
standing
limited
10
appropriations,
and
standing
unlimited
appropriations
otherwise
11
limited
by
law,
including
appropriations
from
federal
and
12
nonstate
funds,
made
for
the
immediately
preceding
fiscal
year
13
by
taking
into
consideration
all
of
the
following:
14
(1)
All
Acts
appropriating
moneys
for
that
immediately
15
preceding
fiscal
year.
16
(2)
All
interdepartmental
and
intradepartmental
transfers
17
made
pursuant
to
section
8.39
and
other
provisions
of
law
for
18
that
immediately
preceding
fiscal
year.
19
(3)
Other
relevant
provisions
of
law.
20
b.
The
department
of
management,
in
consultation
with
the
21
legislative
services
agency,
shall
also
identify
the
entities
22
to
which
such
appropriations
were
made,
or
the
entities’
23
successors.
24
3.
Continuing
appropriation.
There
is
appropriated
from
the
25
appropriate
state
fund
or
account
to
the
entities
identified
26
pursuant
to
subsection
2,
for
the
fiscal
year
to
which
this
27
section
applies,
amounts,
or
so
much
thereof
as
is
necessary,
28
equal
to
the
amounts
of
all
line
item
appropriations,
standing
29
limited
appropriations,
and
standing
unlimited
appropriations
30
otherwise
limited
by
law,
including
federal
and
nonstate
funds,
31
made
for
the
immediately
preceding
fiscal
year,
as
determined
32
pursuant
to
subsection
2.
33
4.
Duplicative
standing
appropriations
supplanted.
The
34
amounts
appropriated
under
subsection
3
shall
supplant
any
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duplicative
standing
appropriation
for
the
fiscal
year
to
which
1
this
section
applies.
2
5.
Miscellaneous
provisions
applicable.
Powers,
duties,
3
limitations,
or
requirements,
including
reporting
requirements,
4
set
forth
for
appropriations
applicable
to
the
immediately
5
preceding
fiscal
year
are
applicable
for
the
fiscal
year
to
6
which
this
section
applies,
and
any
specified
date
contained
7
therein
shall
apply
one
year
later
than
specified.
8
6.
Allocation
amounts.
For
any
line
item
appropriation,
9
standing
limited
appropriation,
or
standing
unlimited
10
appropriation
otherwise
limited
by
law
identified
pursuant
to
11
subsection
2,
which
is
subject
to
an
allocation
amount
for
the
12
immediately
preceding
fiscal
year,
the
amount
appropriated
13
under
subsection
3
based
on
the
appropriation
shall
be
subject
14
to
the
same
allocation
amount
for
the
fiscal
year
to
which
this
15
section
applies.
16
7.
Nonreversion.
For
any
line
item
appropriation,
standing
17
limited
appropriation,
or
standing
unlimited
appropriation
18
otherwise
limited
by
law
identified
pursuant
to
subsection
2
19
that
is
subject
to
a
specified
nonreversion
provision,
whether
20
for
a
limited
or
unlimited
period,
the
amount
appropriated
21
under
subsection
3
based
on
the
appropriation
shall
be
subject
22
to
the
same
specified
nonreversion
provision,
and
in
the
case
23
of
a
specified
nonreversion
provision
for
a
limited
period,
24
the
period
shall
be
considered
to
be
one
fiscal
year
longer
25
than
specified
for
the
appropriation
identified
pursuant
to
26
subsection
2.
27
8.
Full-time
equivalent
positions.
The
amounts
appropriated
28
under
subsection
3
to
an
entity
identified
pursuant
to
29
subsection
2
may
be
used
by
the
entity
for
a
number
of
30
full-time
equivalent
positions
for
the
fiscal
year
to
which
31
this
section
applies,
equal
to
the
number
of
full-time
32
equivalent
positions
authorized
for
the
entity
for
the
33
immediately
preceding
fiscal
year.
34
9.
Exclusions.
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a.
This
section
does
not
apply
to
appropriations
identified
1
under
subsection
2
that
the
department
of
management,
2
in
consultation
with
the
legislative
services
agency,
3
determines
to
be
one-time
appropriations.
For
purposes
4
of
this
subsection,
“one-time
appropriation”
may
include
5
but
is
not
limited
to
an
appropriation
from
the
rebuild
6
Iowa
infrastructure
fund
created
in
section
8.57
or
the
7
technology
reinvestment
fund
created
in
section
8.57C,
or
a
8
similar
appropriation
from
any
state
fund
or
account
for
an
9
infrastructure
project,
technology
project,
or
temporary
or
10
pilot
project
or
program.
11
b.
This
section
does
not
apply
to
appropriations
for
12
which
the
general
assembly
has
indicated
by
law
the
general
13
assembly’s
explicit
intent
that
the
appropriation
not
be
14
subject
to
subsection
3.
15
10.
Adjustment
for
expenditure
limitation.
If
appropriations
16
made
from
the
general
fund
of
the
state
pursuant
to
subsection
17
3
would
not
comply
with
the
general
fund
expenditure
18
limitation
under
section
8.54,
the
department
of
management,
19
in
consultation
with
the
legislative
services
agency,
shall
20
reduce
appropriations
made
from
the
general
fund
of
the
21
state
pursuant
to
subsection
3,
each
by
the
same
percentage,
22
such
that
appropriations
made
from
the
general
fund
of
the
23
state
pursuant
to
subsection
3
comply
with
the
general
fund
24
expenditure
limitation
under
section
8.54.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
establishes
continuing
appropriations
in
fiscal
29
years
for
which
the
general
assembly
does
not
enact
annual
30
appropriations.
The
bill
applies
to
fiscal
years
for
which
31
one
or
more
line
item
appropriations,
standing
limited
32
appropriations,
or
standing
unlimited
appropriations
otherwise
33
limited
by
law
(appropriations)
for
the
immediately
preceding
34
fiscal
year
(prior
year)
have
not
been
enacted
in
an
identical
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provision
for
the
fiscal
year
to
which
the
bill
applies
1
(budget
year)
on
or
before
July
1
of
the
budget
year.
If,
2
on
or
after
July
1
of
the
budget
year,
an
appropriation
for
3
the
prior
year
is
enacted
in
an
identical
provision
for
the
4
budget
year,
the
bill
ceases
to
apply
for
purposes
of
that
5
appropriation.
The
amount
of
moneys
already
expended
under
the
6
bill
for
the
appropriation
supplants
a
like
amount
under
the
7
appropriation
enacted
for
the
budget
year.
The
bill
specifies
8
what
constitutes
an
identical
provision
and
what
qualifies
as
9
enactment
for
purposes
of
the
bill.
10
For
fiscal
years
to
which
the
bill
applies,
the
bill
requires
11
the
department
of
management
(DOM),
in
consultation
with
the
12
legislative
services
agency
(LSA),
to
identify
the
amounts
of
13
all
appropriations
for
the
prior
year
and
the
entities
to
which
14
those
appropriations
were
made.
The
bill
appropriates
those
15
amounts
to
those
entities
for
the
budget
year.
16
The
bill
supplants
duplicative
standing
appropriations,
17
meaning
the
amounts
for
appropriations
identified
for
the
prior
18
year
apply
in
lieu
of
amounts
estimated
for
associated
standing
19
appropriations
for
the
budget
year.
20
The
bill
applies
powers,
duties,
limitations,
requirements,
21
allocations,
nonreversions,
and
full-time
equivalent
position
22
authorizations
associated
with
such
appropriations
from
the
23
prior
year
for
the
budget
year.
24
The
bill
excludes
one-time
appropriations
from
the
25
prior
year,
as
determined
by
DOM
in
consultation
with
LSA.
26
One-time
appropriations
may
include
but
are
not
limited
to
27
appropriations
for
an
infrastructure
project,
technology
28
project,
or
temporary
or
pilot
project
or
program.
29
The
bill
does
not
reapply
uncodified
transfers
from
the
30
prior
year.
Codified
transfers
are
not
affected
by
the
bill
31
and
would
operate
in
accordance
with
the
Code
during
the
budget
32
year.
33
The
bill
authorizes
DOM,
in
consultation
with
LSA,
to
reduce
34
all
continuing
appropriations
from
the
general
fund
of
the
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state
under
the
bill
for
the
budget
year
by
the
same
percentage
1
if
necessary
to
comply
with
state
general
fund
expenditure
2
limitation.
3
The
general
assembly
passed
similar
provisions
in
June
2020
4
applicable
only
to
FY
2020-2021.
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