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House File 62

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 2.12, unnumbered paragraph 4, Code
  1  2 1995, is amended to read as follows:
  1  3    There is appropriated out of any funds in the state
  1  4 treasury not otherwise appropriated such sums as may be
  1  5 necessary for the fiscal year biennium budgets of the
  1  6 legislative service bureau, the legislative fiscal bureau, the
  1  7 citizens' aide office, and the computer support bureau for
  1  8 salaries, support, maintenance, and miscellaneous purposes to
  1  9 carry out their statutory responsibilities.  The legislative
  1 10 service bureau, the legislative fiscal bureau, the citizens'
  1 11 aide office, and the computer support bureau shall submit
  1 12 their proposed budgets for the two fiscal years of the fiscal
  1 13 biennium to the legislative council not later than September 1
  1 14 of each the year preceding the first year of the legislative
  1 15 biennium.  The legislative council shall review and approve
  1 16 the proposed budgets not later than December 1 of each the
  1 17 year preceding the first year of the legislative biennium.
  1 18 The budget approved by the legislative council for each of its
  1 19 statutory legislative agencies shall be transmitted by the
  1 20 legislative council to the department of management on or
  1 21 before December 1 of each the year preceding the first year of
  1 22 the legislative biennium for the fiscal year biennium
  1 23 beginning July 1 of the following year.  The department of
  1 24 management shall submit the approved budgets received from the
  1 25 legislative council to the governor for inclusion in the
  1 26 governor's proposed budget for the succeeding fiscal year
  1 27 biennium.  The approved budgets shall also be submitted to the
  1 28 chairpersons of the committees on appropriations.  The
  1 29 committees on appropriations may allocate from the funds
  1 30 appropriated by this section the funds contained in the
  1 31 approved budgets, or such other amounts as specified, pursuant
  1 32 to a concurrent resolution to be approved by both houses of
  1 33 the general assembly.  The director of revenue and finance
  1 34 shall issue warrants for salaries, support, maintenance, and
  1 35 miscellaneous purposes upon requisition by the administrative
  2  1 head of each statutory legislative agency.  If the legislative
  2  2 council elects to change the approved budget for a legislative
  2  3 agency for either or both fiscal years of a fiscal biennium
  2  4 prior to July 1, the legislative council shall transmit the
  2  5 amount of the budget revision to the department of management
  2  6 prior to July 1 of the affected fiscal year, however, if the
  2  7 general assembly approved the budget it cannot be changed
  2  8 except pursuant to a concurrent resolution approved by the
  2  9 general assembly.
  2 10    Sec. 2.  NEW SECTION.  2.12B  FISCAL BIENNIUM &endash;
  2 11 APPROPRIATIONS.
  2 12    In the first year of each legislative biennium the general
  2 13 assembly shall enact appropriations for the two fiscal years
  2 14 of the ensuing fiscal biennium.  An appropriation shall
  2 15 indicate the source from which the appropriation shall be
  2 16 paid.  An appropriation need not be in greater detail than to
  2 17 indicate the total appropriation to be made for both of the
  2 18 following:
  2 19    1.  Administration, operation, and maintenance of each
  2 20 department and establishment, as defined in section 8.2, for
  2 21 each fiscal year of a fiscal biennium.
  2 22    2.  The cost of land, public improvements, and other
  2 23 capital outlays for each department and establishment,
  2 24 itemized by specific projects or classes of projects of the
  2 25 same general character.
  2 26    The general assembly may enact appropriation bills in the
  2 27 second year of a fiscal biennium providing for supplemental
  2 28 appropriations to or appropriation reductions from the
  2 29 previously enacted fiscal biennium budget.
  2 30    Sec. 3.  Section 8.6, subsection 2, Code 1995, is amended
  2 31 to read as follows:
  2 32    2.  REPORT OF STANDING APPROPRIATIONS.  To annually
  2 33 biennially prepare a separate report containing a complete
  2 34 list of all standing appropriations showing the amount of each
  2 35 appropriation and the purpose for which the appropriation is
  3  1 made and furnish a copy of the report to each member of the
  3  2 general assembly on or before the first day of each the first
  3  3 regular session of a legislative biennium.
  3  4    Sec. 4.  Section 8.21, unnumbered paragraph 1, Code 1995,
  3  5 is amended to read as follows:
  3  6    Not later than the first February 1 of each legislative
  3  7 session biennium, the governor shall transmit to the
  3  8 legislature general assembly a document to be known as a
  3  9 budget, setting forth the governor's financial program for
  3 10 each of the fiscal years of the ensuing fiscal year biennium
  3 11 and having the character and scope set forth in sections 8.22
  3 12 through 8.29.
  3 13    Sec. 5.  Section 8.22, Code 1995, is amended to read as
  3 14 follows:
  3 15    8.22  NATURE AND CONTENTS OF BUDGET.
  3 16    The budget shall consist of three parts, the nature and
  3 17 contents of which shall be as follows:  
  3 18                             PART I
  3 19    GOVERNOR'S BUDGET MESSAGE.  Part I shall consist of the
  3 20 governor's budget message, in which the governor shall set
  3 21 forth:
  3 22    1.  The governor's program for meeting all the expenditure
  3 23 needs of the government for the each of the fiscal years of
  3 24 the ensuing fiscal year biennium, indicating the classes of
  3 25 funds, general or special, from which appropriations are to be
  3 26 made and the means through which the expenditures shall be
  3 27 financed.
  3 28    The governor's program shall include a single budget
  3 29 request for all capital projects proposed by the governor.
  3 30 The request shall include but is not limited to the following:
  3 31    a.  The purpose and need for each capital project.
  3 32    b.  A priority listing of capital projects.
  3 33    c.  The costs of acquisition, lease, construction,
  3 34 renovation, or demolition of each capital project.
  3 35    d.  The identification of the means and source of funding
  4  1 each capital project.
  4  2    e.  The estimated operating costs of each capital project
  4  3 after completion.
  4  4    f.  The estimated maintenance costs of each capital project
  4  5 after completion.
  4  6    g.  The consequences of delaying or abandoning each capital
  4  7 project.
  4  8    h.  Alternative approaches to meeting the purpose or need
  4  9 for each capital project.
  4 10    i.  Alternative financing mechanisms.
  4 11    j.  A cost-benefit analysis or economic impact of each
  4 12 capital project.
  4 13    2.  Financial statements giving in summary form:
  4 14    a.  The condition of the treasury at the end of the last
  4 15 completed fiscal year, the estimated condition of the treasury
  4 16 at the end of the year in progress, and the estimated
  4 17 condition of the treasury at the end of each of the following
  4 18 fiscal year fiscal years of the ensuing fiscal biennium if the
  4 19 governor's budget proposals are put into effect.
  4 20    b.  Statements showing the bonded indebtedness of the
  4 21 government, debt authorized and unissued, debt redemption and
  4 22 interest requirements, and condition of the sinking funds, if
  4 23 any.
  4 24    c.  A summary of appropriations recommended for each of the
  4 25 following fiscal year fiscal years of the ensuing fiscal
  4 26 biennium for each department and establishment and for the
  4 27 government as a whole, in comparison with the actual
  4 28 expenditures for the last completed fiscal year and the
  4 29 estimated expenditures for the year in progress.
  4 30    d.  A summary of the revenue, estimated to be received by
  4 31 the government during the following ensuing fiscal year
  4 32 biennium, classified according to sources, in comparison with
  4 33 the actual revenue received by the government during the last
  4 34 completed fiscal year and estimated income during the year in
  4 35 progress.
  5  1    e.  A statement of federal funds received in the form of
  5  2 block or categorical grants which were not included in the
  5  3 governor's budget for the previous fiscal year biennium in
  5  4 progress and a statement of anticipated block grants and
  5  5 categorical grants for the ensuing fiscal biennium.  The
  5  6 budget shall indicate how the federal funds will be used and
  5  7 the programs to which they will be allocated.  The amount of
  5  8 state funds required to implement the programs to which the
  5  9 federal funds will apply shall also be indicated.  The
  5 10 departments shall provide information to the director on the
  5 11 anticipated federal block grants and categorical grants to be
  5 12 received on or before November 1 of each year.  The director
  5 13 shall use this information to develop an annual update of the
  5 14 statement of federal funds received which shall be provided to
  5 15 the general assembly.
  5 16    f.  Other financial statements, data, and comments as in
  5 17 the governor's opinion are necessary or desirable in order to
  5 18 make known in all practicable detail the financial condition
  5 19 and operation of the government and the effect that the
  5 20 biennial budget as proposed by the governor will have on the
  5 21 financial condition and operation.
  5 22    If the estimated revenues of the government for the ensuing
  5 23 fiscal year biennium as set forth in the budget on the basis
  5 24 of existing laws, plus the estimated amounts in the treasury
  5 25 at the close of the year fiscal biennium in progress,
  5 26 available for expenditure in the ensuing fiscal year biennium
  5 27 are less than the aggregate recommended for the ensuing fiscal
  5 28 year biennium as contained in the budget, the governor shall
  5 29 make recommendations to the legislature general assembly in
  5 30 respect to the manner in which the deficit shall be met,
  5 31 whether by an increase in the state tax or the imposition of
  5 32 new taxes, increased rates on existing taxes, or otherwise,
  5 33 and if the aggregate of the estimated revenues, plus estimated
  5 34 balances in the treasury, is greater than the recommended
  5 35 appropriations for the ensuing fiscal year biennium, the
  6  1 governor shall make recommendations in reference to the
  6  2 application of the surplus to the reduction of debt or
  6  3 otherwise, to the reduction in taxation, or to such other
  6  4 action as in the governor's opinion is in the interest of the
  6  5 public welfare.  
  6  6                             PART II
  6  7    RECOMMENDED APPROPRIATIONS.  Part II shall present in
  6  8 detail for each year of the ensuing fiscal year biennium the
  6  9 governor's recommendations for appropriations to meet the
  6 10 expenditure needs of the government from each general class of
  6 11 funds, in comparison with actual expenditures for each of the
  6 12 purposes during the last completed fiscal year and estimated
  6 13 expenditures for the year in progress, classified by
  6 14 departments and establishments and indicating for each the
  6 15 appropriations recommended for:
  6 16    1.  Meeting the cost of administration, operation, and
  6 17 maintenance of the departments and establishments.
  6 18    2.  Appropriations for meeting the cost of land, public
  6 19 improvements, and other capital outlays in connection with the
  6 20 departments and establishments.
  6 21    Each item of expenditure, actual or estimated, and
  6 22 appropriations recommended for administration, operation, and
  6 23 maintenance of each department or establishment shall be
  6 24 supported by detailed statements showing the actual and
  6 25 estimated expenditures and appropriations classified by
  6 26 objects according to a standard scheme of classification to be
  6 27 prescribed by the director.  
  6 28                            PART III
  6 29    APPROPRIATION BILLS.  Part III shall include a draft or
  6 30 drafts of appropriation bills having for their purpose to give
  6 31 legal sanction to the appropriations recommended to be made in
  6 32 Parts I and II.  The appropriation bills shall indicate the
  6 33 funds, general or special, from which the appropriations shall
  6 34 be paid, but the appropriations need not be in greater detail
  6 35 than to indicate the total appropriation to be made for both
  7  1 of the following:
  7  2    1.  Administration, operation, and maintenance of each
  7  3 department and establishment for each year of the fiscal year
  7  4 biennium.
  7  5    2.  The cost of land, public improvements, and other
  7  6 capital outlays for each department and establishment,
  7  7 itemized by specific projects or classes of projects of the
  7  8 same general character.
  7  9    The governor may submit appropriation bills in the second
  7 10 year of a fiscal biennium providing for supplemental
  7 11 appropriations to or appropriation reductions from the
  7 12 previously enacted fiscal biennium budget.
  7 13    Sec. 6.  Section 8.22A, subsections 3 and 4, Code 1995, are
  7 14 amended to read as follows:
  7 15    3.  By December 15 of each fiscal year the conference shall
  7 16 agree to a revenue estimate for the fiscal year beginning the
  7 17 following July 1.  That each of the two following fiscal
  7 18 years.
  7 19    a.  In a fiscal year preceding a fiscal biennium, the
  7 20 estimate for each of the fiscal years of the fiscal biennium
  7 21 shall be used by the governor in the preparation of the budget
  7 22 message under section 8.22 and by the general assembly in the
  7 23 budget process for both fiscal years of that fiscal biennium.
  7 24    b.  In a fiscal year in which the following fiscal year is
  7 25 the second year of a fiscal biennium and the conference agrees
  7 26 to a different estimate for the second fiscal year than was
  7 27 used in the initial budget process for the second fiscal year,
  7 28 the adjusted revenue estimate determined pursuant to section
  7 29 8.54 for that second year shall be revised based upon the
  7 30 different estimate.  The different estimate shall be used by
  7 31 the governor in the preparation of the budget message under
  7 32 section 8.22 and by the general assembly in the budget process
  7 33 for the second fiscal year.
  7 34    c.  If the conference agrees to a different estimate at a
  7 35 later meeting which projects a greater amount of revenue than
  8  1 the initial estimate amount for a fiscal year agreed to by
  8  2 December 15, the governor and the general assembly shall
  8  3 continue to use the initial estimate amount in the budget
  8  4 process for that fiscal year.  However, if the conference
  8  5 agrees to a different estimate for a fiscal year at a later
  8  6 meeting which projects a lesser amount of revenue than the
  8  7 initial estimate amount, the governor and the general assembly
  8  8 shall use the lesser amount in the budget process for that
  8  9 fiscal year.  As used in this subsection, "later meeting"
  8 10 means only those later meetings which are held prior to the
  8 11 conclusion of the a regular session of the general assembly.
  8 12    4.  At the meeting in which the conference agrees to the
  8 13 revenue estimate for the following a fiscal year in accordance
  8 14 with the provisions of subsection 3, which is used in
  8 15 determining an adjusted revenue estimate under section 8.54,
  8 16 the conference shall agree to an estimate for tax refunds
  8 17 payable from that estimated revenue.  The estimates required
  8 18 by this subsection shall be used in determining the adjusted
  8 19 revenue estimate under section 8.54.
  8 20    Sec. 7.  Section 8.23, unnumbered paragraph 1, Code 1995,
  8 21 is amended to read as follows:
  8 22    On or before September 1, prior to each legislative
  8 23 session, all departments and establishments of the government
  8 24 shall transmit to the director, on blanks to be furnished by
  8 25 the director, estimates of their expenditure requirements,
  8 26 including every proposed expenditure, for each fiscal year of
  8 27 the ensuing fiscal year biennium, classified so as to
  8 28 distinguish between expenditures estimated for administration,
  8 29 operation, and maintenance, and the cost of each project
  8 30 involving the purchase of land or the making of a public
  8 31 improvement or capital outlay of a permanent character,
  8 32 together with supporting data and explanations as called for
  8 33 by the director.  The budget estimates shall include for those
  8 34 agencies which pay for energy directly a line item for energy
  8 35 expenses itemized by type of energy and location.  The
  9  1 estimates of expenditure requirements shall be based upon
  9  2 seventy-five percent of the funding provided for the current
  9  3 fiscal year, accounted for by program and reduced by the
  9  4 historical employee vacancy factor in a form specified by the
  9  5 director and, with the remainder of the estimate estimates of
  9  6 expenditure requirements prioritized by program.  On or before
  9  7 September 1, prior to the second session of a legislative
  9  8 biennium, all departments and establishments shall transmit to
  9  9 the director, on blanks furnished by the director, estimates
  9 10 of their requirements for supplemental appropriations or
  9 11 appropriations reductions for the fiscal biennium budget in
  9 12 progress.  The estimates shall be accompanied with performance
  9 13 measures for evaluating the effectiveness of the program.  If
  9 14 a department or establishment fails to submit estimates within
  9 15 the time specified, the governor shall cause estimates to be
  9 16 prepared for that department or establishment as in the
  9 17 governor's opinion are reasonable and proper.  The director
  9 18 shall furnish standard budget request forms to each department
  9 19 or agency of state government.
  9 20    Sec. 8.  Section 8.24, Code 1995, is amended to read as
  9 21 follows:
  9 22    8.24  ANNUAL BIENNIAL ESTIMATE OF INCOME.  
  9 23    On or before October 1, next prior to each legislative
  9 24 session, the director shall prepare an estimate of the total
  9 25 income of the government for each of the two ensuing fiscal
  9 26 year years and for each fiscal year of the ensuing fiscal
  9 27 biennium, in which the several items of income shall be listed
  9 28 and classified according to sources or character, and
  9 29 departments or establishments producing the funds, and brought
  9 30 into comparison with the income actually received during the
  9 31 last completed fiscal year and the estimated income to be
  9 32 received during the fiscal year in progress.
  9 33    Sec. 9.  Section 8.30, Code 1995, is amended to read as
  9 34 follows:
  9 35    8.30  AVAILABILITY OF APPROPRIATIONS.  
 10  1    The appropriations made are not available for expenditure
 10  2 until allotted as provided for in section 8.31.  All
 10  3 appropriations are declared to be maximum and proportionate
 10  4 appropriations, the purpose being to make the appropriations
 10  5 payable in full in the amounts named if the estimated budget
 10  6 resources during the each fiscal year of the fiscal biennium
 10  7 for which the appropriations are made, are sufficient to pay
 10  8 all of the appropriations in full.  The governor shall
 10  9 restrict allotments only to prevent an overdraft or deficit in
 10 10 any fiscal year for which appropriations are made.
 10 11    Sec. 10.  Section 8.37, Code 1995, is amended to read as
 10 12 follows:
 10 13    8.37  FISCAL TERM BIENNIUM.
 10 14    The fiscal term biennium of the state ends on the thirtieth
 10 15 day of June in each odd-numbered year, and the succeeding
 10 16 fiscal term biennium begins on the day following.
 10 17    Sec. 11.  Section 8.41, subsection 2, Code 1995, is amended
 10 18 to read as follows:  
 10 19    2.  Federal funds deposited in the state treasury as
 10 20 provided in subsection 1 shall either be included as part of
 10 21 the governor's budget required by section 8.22 or shall be
 10 22 included in a separate recommendation made by the governor to
 10 23 the general assembly.  If federal funds received in the form
 10 24 of block grants or categorical grants have not been included
 10 25 in the governor's budget for the current fiscal year biennium
 10 26 because of time constraints or because a budget is not being
 10 27 submitted for the next fiscal second year of a fiscal
 10 28 biennium, the governor shall submit a supplemental statement
 10 29 to the general assembly listing the federal funds received and
 10 30 including the same information for the federal funds required
 10 31 by section 8.22, part I, subsection 2, paragraph "e", for the
 10 32 statement of federal funds in the governor's budget.
 10 33    Sec. 12.  Section 8.54, subsection 1, paragraph a, Code
 10 34 1995, is amended to read as follows:
 10 35    a.  "Adjusted revenue estimate" means the appropriate
 11  1 revenue estimate for the general fund for the following a
 11  2 fiscal year as determined by the revenue estimating conference
 11  3 under section 8.22A, subsection 3, adjusted by subtracting
 11  4 estimated tax refunds payable from that estimated revenue and
 11  5 as determined by the conference, adding any new revenues which
 11  6 may be considered to be eligible for deposit in the general
 11  7 fund.
 11  8    Sec. 13.  Section 8.54, subsection 1, Code 1995, is amended
 11  9 by adding the following new paragraph after paragraph a and
 11 10 renumbering the succeeding paragraph:
 11 11    NEW PARAGRAPH.  b.  "Fiscal biennium" means the two-year
 11 12 period beginning on July 1 of each odd-numbered year and
 11 13 ending June 30 of the next succeeding odd-numbered year.
 11 14    Sec. 14.  Section 8.54, subsections 2 and 3, Code 1995, are
 11 15 amended to read as follows:
 11 16    2.  There is created a state general fund expenditure
 11 17 limitation for each fiscal year of a fiscal biennium beginning
 11 18 on or after July 1, 1993 1997, calculated as provided in this
 11 19 section.
 11 20    3.  Except as otherwise provided in this section, the state
 11 21 general fund expenditure limitation for a fiscal year shall be
 11 22 ninety-nine percent of the appropriate adjusted revenue
 11 23 estimate.
 11 24    Sec. 15.  Section 602.1301, subsections 1 and 2, Code 1995,
 11 25 are amended to read as follows:
 11 26    1.  The supreme court shall prepare an annual a biennial
 11 27 operating budget for the department, and shall submit a budget
 11 28 request to the general assembly for the fiscal period biennium
 11 29 for which the general assembly is appropriating funds.
 11 30    2.  a.  As early as possible, but not later than December 1
 11 31 preceding the first year of the legislative biennium, the
 11 32 supreme court shall submit to the legislative fiscal bureau
 11 33 the annual biennial budget request and detailed supporting
 11 34 information for the judicial department.  The submission shall
 11 35 be designed to assist the legislative fiscal bureau in its
 12  1 preparation for legislative consideration of the budget
 12  2 request.  The information submitted shall contain and be
 12  3 arranged in a format substantially similar to the format
 12  4 specified by the director of management and used by all
 12  5 departments and establishments in transmitting to the director
 12  6 estimates of their expenditure requirements pursuant to
 12  7 section 8.23, except the estimates of expenditure requirements
 12  8 shall be based upon one hundred percent of funding for the
 12  9 current fiscal year biennium accounted for by program, and
 12 10 using the same line item definitions of expenditures as used
 12 11 for the current fiscal year's biennium's budget request, and
 12 12 the remainder of the estimate of expenditure requirements
 12 13 prioritized by program.  The supreme court shall also make use
 12 14 of the department of management's automated budget system when
 12 15 submitting information to the director of management to assist
 12 16 the director in the transmittal of information as required
 12 17 under section 8.35A.  The supreme court shall budget and track
 12 18 expenditures by the following separate organization codes:
 12 19    (1)  Iowa court information system.
 12 20    (2)  Appellate courts.
 12 21    (3)  Central administration.
 12 22    (4)  District court administration.
 12 23    (5)  Judges and magistrates.
 12 24    (6)  Court reporters.
 12 25    (7)  Juvenile court officers.
 12 26    (8)  District court clerks.
 12 27    (9)  Jury and witness fees.
 12 28    b.  Before December 1 preceding the first year of the
 12 29 legislative biennium, the supreme court shall submit to the
 12 30 director of management an estimate of the total expenditure
 12 31 requirements of the judicial department.  The director of
 12 32 management shall submit this estimate received from the
 12 33 supreme court to the governor for inclusion without change in
 12 34 the governor's proposed budget for the succeeding fiscal year
 12 35 biennium.  The estimate shall also be submitted to the
 13  1 chairpersons of the committees on appropriations.
 13  2    The supreme court may submit appropriation bills in the
 13  3 second year of a fiscal biennium providing for supplemental
 13  4 appropriations to or appropriation reductions from the
 13  5 previously enacted fiscal biennium budget.
 13  6    Sec. 16.  EFFECTIVE DATE AND APPLICABILITY.
 13  7    1.  Sections 1 through 11 and 15 of this Act take effect
 13  8 July 1, 1996, and apply to the fiscal period beginning July 1,
 13  9 1997, and ending June 30, 1999, and succeeding fiscal
 13 10 bienniums.
 13 11    2.  Sections 12, 13, and 14 of this Act take effect July 1,
 13 12 1997.  
 13 13                           EXPLANATION
 13 14    The bill establishes a biennial budgeting process for the
 13 15 legislative, judicial, and executive branches of state
 13 16 government.
 13 17    Sections 1 and 2 provide that the general assembly is to
 13 18 enact appropriation bills during the first year of each
 13 19 legislative biennium covering two fiscal years.  It is
 13 20 specified that these bills need not be in greater detail than
 13 21 provided for the governor's appropriation bills under current
 13 22 law.
 13 23    Sections 3 through 14 provide for the implementation and
 13 24 usage of biennial budgeting in chapter 8, the budget and
 13 25 financial control Act, affecting the executive branch of
 13 26 government.
 13 27    Section 15 provides for the implementation and usage of
 13 28 biennial budgeting in the judicial branch.  The bill applies
 13 29 to the budget for the fiscal period beginning July 1, 1997,
 13 30 and ending June 30, 1999, and succeeding fiscal bienniums.  
 13 31 LSB 1037HH 76
 13 32 jp/cf/24
     

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