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PAG LIN 1 1 DIVISION I - BIENNIAL BUDGETS 1 2 Section 1. Section 2.10, subsection 5, unnumbered 1 3 paragraph 1, Code 1995, is amended to read as follows: 1 4 The director of revenue and finance shall pay, from funds 1 5 appropriated to the general assembly pursuant to section 2.12, 1 6 the travel and expenses of the members of the general assembly 1 7 commencing with the first pay period after the names of such 1 8 persons are officially certified. The salaries of the members 1 9 of the general assembly shall be paid pursuant to any of the 1 10 following alternative methods: 1 11 Sec. 2. Section 2.10, subsections 6 and 7, Code 1995, are 1 12 amended to read as follows: 1 13 6. In addition to the salaries and expenses authorized by 1 14 this section, members of the general assembly shall be paid, 1 15 from funds appropriated to the general assembly pursuant to 1 16 section 2.12, sixty dollars per day, and necessary travel and 1 17 actual expenses incurred in attending meetings for which per 1 18 diem or expenses are authorized by law for members of the 1 19 general assembly who serve on statutory boards, commissions, 1 20 or councils, and for standing or interim committee or 1 21 subcommittee meetings subject to the provisions of section 1 22 2.14, or when on authorized legislative business when the 1 23 general assembly is not in session. However, if a member of 1 24 the general assembly is engaged in authorized legislative 1 25 business at a location other than at the seat of government 1 26 during the time the general assembly is in session, payment 1 27 may be made for the actual transportation and lodging costs 1 28 incurred because of the business. Such per diem or expenses 1 29 shall be paid promptly from funds appropriated pursuant to 1 30 section 2.12. 1 31 7. If a special session of the general assembly is 1 32 convened, members of the general assembly shall receive, in 1 33 addition to their annual salaries, the sum of sixty dollars 1 34 per day for each day the general assembly is actually in 1 35 special session, and the same travel allowances and expenses 2 1 as authorized by this section which shall be payable from 2 2 funds appropriated to the general assembly pursuant to section 2 3 2.12. A member of the general assembly shall receive the 2 4 additional per diem, travel allowances and expenses only for 2 5 the days of attendance during a special session. 2 6 Sec. 3. Section 2.11, unnumbered paragraph 1, Code 1995, 2 7 is amended to read as follows: 2 8 Each house of the general assembly may employ such officers 2 9 and employees as itshall deemdeems necessary for the conduct 2 10 of its business. The compensation of the chaplains, officers, 2 11 and employees of the general assembly shall be fixed by joint 2 12 action of the house and senate by resolution at the opening of 2 13 each session, or as soon thereafter as conveniently can be 2 14 done. Payment of the compensation shall be from funds 2 15 appropriated to the general assembly pursuant to section 2.12. 2 16SuchThese persons shall be furnished by the statesuchthose 2 17 supplies as may be necessary for the proper discharge of their 2 18 duties. 2 19 Sec. 4. Section 2.12, Code 1995, is amended to read as 2 20 follows: 2 21 2.12 EXPENSES OF GENERAL ASSEMBLY AND LEGISLATIVE AGENCIES 2 22 &endash; BUDGETS. 2 23 1.There is appropriated out of any funds in the state2 24treasury not otherwise appropriated a sum sufficient to pay2 25forCommencing with the fiscal biennium beginning July 1, 2 26 1995, the following expenses, salaries, per diems, budgets, 2 27 and other items shall be paid from biennial appropriations 2 28 made by the general assembly for these purposes: 2 29 a. For legislative printing and all current and 2 30 miscellaneous expenses of the general assembly, authorized by 2 31 either the senate or the house, and the. The director of 2 32 revenue and finance shall issue warrants for such items of 2 33 expense upon requisition of the president, majority leader, 2 34 and secretary of the senate or the speaker and chief clerk of 2 35 the house. 3 1 b.There is appropriated out of any funds in the state3 2treasury not otherwise appropriated, such sums as are3 3necessary, forFor each house of the general assembly for the 3 4 payment of any unpaid expense of the general assembly incurred 3 5 during or in the interim between sessions of the general 3 6 assembly, including but not limited to salaries and necessary 3 7 travel and actual expenses of members, expenses of standing 3 8 and interim committees or subcommittees, and per diem or 3 9 expenses for members of the general assembly who serve on 3 10 statutory boards, commissions, or councils for which per diem 3 11 or expenses are authorized by law. The director of revenue 3 12 and finance shall issue warrants for such items of expense 3 13 upon requisition of the president, majority leader, and 3 14 secretary of the senate for senateexpenseexpenses or the 3 15 speaker and chief clerk of the house for houseexpense3 16 expenses. 3 17 c.There is appropriated out of any funds in the state3 18treasury not otherwise appropriated, such sums as are3 19necessary forFor the renovation, remodeling, or preparation 3 20 of the legislative chambers, legislative offices, or other 3 21 areas or facilities used or to be used by the legislative 3 22 branch of government, and for the purchase of legislative 3 23 equipment and supplies deemed necessary to properly carry out 3 24 the functions of the general assembly. The director of 3 25 revenue and finance shall issue warrants for such items of 3 26 expense, whether incurred during or between sessions of the 3 27 general assembly, upon requisition of the president, majority 3 28 leader, and secretary of the senate for senateexpense3 29 expenses or the speaker and chief clerk of the house for house 3 30expenseexpenses. 3 31 d.There is appropriated out of any funds in the state3 32treasury not otherwise appropriated such sums as may be3 33necessary forFor the fiscalyearbiennium budgets of the 3 34 legislative service bureau, the legislative fiscal bureau, the 3 35 citizens' aide office, and the computer support bureau for 4 1 salaries, support, maintenance, and miscellaneous purposes to 4 2 carry out their statutory responsibilities. 4 3 2. The director of revenue and finance shall issue 4 4 warrants for salaries, support, maintenance, and miscellaneous 4 5 purposes upon requisition by the administrative head of each 4 6 statutory legislative agency. The legislative service bureau, 4 7 the legislative fiscal bureau, the citizens' aide office, and 4 8 the computer support bureau shall submit their proposed 4 9 budgets for the two years of the fiscal biennium to the 4 10 legislative council not later thanSeptemberOctober 1 ofeach4 11 the year prior to the first year of the legislative biennium. 4 12 The legislative council shall review and approve the proposed 4 13 budgets not later than December 1 ofeachthe year prior to 4 14 the first year of the legislative biennium. The legislative 4 15 council on behalf of the general assembly shall propose a 4 16 biennial budget for the general assembly for the payment of 4 17 expenses, salaries, per diems, and other items for which the 4 18 general assembly is required to pay. The proposed budget 4 19 shall include a budget for both houses of the general assembly 4 20 for each year of the fiscal biennium. The budget approved by 4 21 the legislative council for each of its statutory legislative 4 22 agencies and its proposed budget for the general assembly 4 23 shall be transmitted by the legislative council to the 4 24 department of management on or before December 1 ofeachthe 4 25 year prior to the first year of the legislative biennium for 4 26 the fiscalyearbiennium beginning July 1 of the following 4 27 year. The department of management shall submit the approved 4 28 and proposed budgets received from the legislative council to 4 29 the governor for inclusion in the governor's proposed budget 4 30 for the succeeding fiscal year. The approved and proposed 4 31 budgets shall also be submitted to the chairpersons of the 4 32 committees on appropriations.The committees on4 33appropriations may allocate from the funds appropriated by4 34this section the funds contained in the approved budgets, or4 35such other amounts as specified, pursuant to a concurrent5 1resolution to be approved by both houses of the general5 2assembly. The director of revenue and finance shall issue5 3warrants for salaries, support, maintenance, and miscellaneous5 4purposes upon requisition by the administrative head of each5 5statutory legislative agency. If the legislative council5 6elects to change the approved budget for a legislative agency5 7prior to July 1, the legislative council shall transmit the5 8amount of the budget revision to the department of management5 9prior to July 1 of the fiscal year, however, if the general5 10assembly approved the budget it cannot be changed except5 11pursuant to a concurrent resolution approved by the general5 12assembly.5 13 Sec. 5. NEW SECTION. 2.12B FISCAL BIENNIUM &endash; 5 14 APPROPRIATIONS. 5 15 In the first year of each legislative biennium the general 5 16 assembly shall enact appropriations for the two fiscal years 5 17 of the ensuing fiscal biennium. An appropriation shall 5 18 indicate the source from which the appropriation shall be 5 19 paid. An appropriation need not be in greater detail than to 5 20 indicate the total appropriation to be made for both of the 5 21 following: 5 22 1. Administration, operation, and maintenance of each 5 23 department and establishment, as defined in section 8.2, for 5 24 each fiscal year of a fiscal biennium. 5 25 2. The cost of land, public improvements, and other 5 26 capital outlays for each department and establishment, 5 27 itemized by specific projects or classes of projects of the 5 28 same general character. 5 29 The general assembly may enact appropriation bills in the 5 30 second year of a fiscal biennium providing for supplemental 5 31 appropriations to or appropriation reductions from the 5 32 previously enacted fiscal biennium budget. 5 33 Sec. 6. Section 2.13, Code 1995, is amended to read as 5 34 follows: 5 35 2.13 ISSUANCE OF WARRANTS. 6 1 The director of revenue and finance shall also issue to 6 2 each officer and employee of the general assembly, during 6 3 legislative sessions or interim periods, upon vouchers signed 6 4 by the president, majority leader, and secretary of the senate 6 5 or the speaker and chief clerk of the house, warrants for the 6 6 amount due for services rendered. The warrants shall be paid 6 7out of any moneys in the treasury not otherwise appropriated6 8 from funds appropriated to the general assembly pursuant to 6 9 section 2.12. 6 10 Sec. 7. Section 2.104, Code 1995, is amended to read as 6 11 follows: 6 12 2.104 BUDGET. 6 13 Expenses of the computer support bureau shall be paid upon 6 14 approval of the director of the bureau from funds appropriated 6 15 to the bureau pursuant to section 2.12. The budget of the 6 16 computer support bureau for each fiscal year shall be prepared 6 17 by the director and submitted to the legislative council as 6 18 provided in section 2.12. 6 19 Sec. 8. Section 8.6, subsection 2, Code 1995, is amended 6 20 to read as follows: 6 21 2. REPORT OF STANDING APPROPRIATIONS. Toannually6 22 biennially prepare a separate report containing a complete 6 23 list of all standing appropriations showing the amount of each 6 24 appropriation and the purpose for which the appropriation is 6 25 made and furnish a copy of the report to each member of the 6 26 general assembly on or before the first day ofeachthe first 6 27 regular session of a legislative biennium. 6 28 Sec. 9. Section 8.21, unnumbered paragraph 1, Code 1995, 6 29 is amended to read as follows: 6 30 Not later than the first February 1 of each legislative 6 31sessionbiennium, the governor shall transmit to the 6 32legislaturegeneral assembly a document to be known as a 6 33 budget, setting forth the governor's financial program for 6 34 each of the fiscal years of the ensuing fiscalyearbiennium 6 35 and having the character and scope set forth in sections 8.22 7 1 through 8.29. 7 2 Sec. 10. Section 8.22, Code 1995, is amended to read as 7 3 follows: 7 4 8.22 NATURE AND CONTENTS OF BUDGET. 7 5 The budget shall consist of three parts, the nature and 7 6 contents of which shall be as follows: 7 7 PART I 7 8 GOVERNOR'S BUDGET MESSAGE. Part I shall consist of the 7 9 governor's budget message, in which the governor shall set 7 10 forth: 7 11 1. The governor's program for meeting all the expenditure 7 12 needs of the government fortheeach of the fiscal years of 7 13 the ensuing fiscalyearbiennium, indicating the classes of 7 14 funds, general or special, from which appropriations are to be 7 15 made and the means through which the expenditures shall be 7 16 financed. 7 17 The governor's program shall include a single budget 7 18 request for all capital projects proposed by the governor. 7 19 The request shall include but is not limited to the following: 7 20 a. The purpose and need for each capital project. 7 21 b. A priority listing of capital projects. 7 22 c. The costs of acquisition, lease, construction, 7 23 renovation, or demolition of each capital project. 7 24 d. The identification of the means and source of funding 7 25 each capital project. 7 26 e. The estimated operating costs of each capital project 7 27 after completion. 7 28 f. The estimated maintenance costs of each capital project 7 29 after completion. 7 30 g. The consequences of delaying or abandoning each capital 7 31 project. 7 32 h. Alternative approaches to meeting the purpose or need 7 33 for each capital project. 7 34 i. Alternative financing mechanisms. 7 35 j. A cost-benefit analysis or economic impact of each 8 1 capital project. 8 2 2. Financial statements giving in summary form: 8 3 a. The condition of the treasury at the end of the last 8 4 completed fiscal year, the estimated condition of the treasury 8 5 at the end of the year in progress, and the estimated 8 6 condition of the treasury at the end of each of thefollowing8 7fiscal yearfiscal years of the ensuing fiscal biennium if the 8 8 governor's budget proposals are put into effect. 8 9 b. Statements showing the bonded indebtedness of the 8 10 government, debt authorized and unissued, debt redemption and 8 11 interest requirements, and condition of the sinking funds, if 8 12 any. 8 13 c. A summary of appropriations recommended for each of the 8 14following fiscal yearfiscal years of the ensuing fiscal 8 15 biennium for each department and establishment and for the 8 16 government as a whole, in comparison with the actual 8 17 expenditures for the last completed fiscal year and the 8 18 estimated expenditures for the year in progress. 8 19 d. A summary of the revenue, estimated to be received by 8 20 the government during thefollowingensuing fiscalyear8 21 biennium, classified according to sources, in comparison with 8 22 the actual revenue received by the government during the last 8 23 completed fiscal year and estimated income during the year in 8 24 progress. 8 25 e. A statement of federal funds received in the form of 8 26 block or categorical grants which were not included in the 8 27 governor's budget for thepreviousfiscalyearbiennium in 8 28 progress and a statement of anticipated block grants and 8 29 categorical grants for the ensuing fiscal biennium. The 8 30 budget shall indicate how the federal funds will be used and 8 31 the programs to which they will be allocated. The amount of 8 32 state funds required to implement the programs to which the 8 33 federal funds will apply shall also be indicated. The 8 34 departments shall provide information to the director on the 8 35 anticipated federal block grants and categorical grants to be 9 1 received on or before November 1 of each year. The director 9 2 shall use this information to develop an annual update of the 9 3 statement of federal funds received which shall be provided to 9 4 the general assembly. 9 5 f. Other financial statements, data, and comments as in 9 6 the governor's opinion are necessary or desirable in order to 9 7 make known in all practicable detail the financial condition 9 8 and operation of the government and the effect that the 9 9 biennial budget as proposed by the governor will have on the 9 10 financial condition and operation. 9 11 If the estimated revenues of the government for the ensuing 9 12 fiscalyearbiennium as set forth in the budget on the basis 9 13 of existing laws, plus the estimated amounts in the treasury 9 14 at the close of theyearfiscal biennium in progress, 9 15 available for expenditure in the ensuing fiscalyearbiennium 9 16 are less than the aggregate recommended for the ensuing fiscal 9 17yearbiennium as contained in the budget, the governor shall 9 18 make recommendations to thelegislaturegeneral assembly in 9 19 respect to the manner in which the deficit shall be met, 9 20 whether by an increase in the state tax or the imposition of 9 21 new taxes, increased rates on existing taxes, or otherwise, 9 22 and if the aggregate of the estimated revenues, plus estimated 9 23 balances in the treasury, is greater than the recommended 9 24 appropriations for the ensuing fiscalyearbiennium, the 9 25 governor shall make recommendations in reference to the 9 26 application of the surplus to the reduction of debt or 9 27 otherwise, to the reduction in taxation, or to such other 9 28 action as in the governor's opinion is in the interest of the 9 29 public welfare. 9 30 PART II 9 31 RECOMMENDED APPROPRIATIONS. Part II shall present in 9 32 detail for each year of the ensuing fiscalyearbiennium the 9 33 governor's recommendations for appropriations to meet the 9 34 expenditure needs of the government from each general class of 9 35 funds, in comparison with actual expenditures for each of the 10 1 purposes during the last completed fiscal year and estimated 10 2 expenditures for the year in progress, classified by 10 3 departments and establishments and indicating for each the 10 4 appropriations recommended for: 10 5 1. Meeting the cost of administration, operation, and 10 6 maintenance of the departments and establishments. 10 7 2. Appropriations for meeting the cost of land, public 10 8 improvements, and other capital outlays in connection with the 10 9 departments and establishments. 10 10 Each item of expenditure, actual or estimated, and 10 11 appropriations recommended for administration, operation, and 10 12 maintenance of each department or establishment shall be 10 13 supported by detailed statements showing the actual and 10 14 estimated expenditures and appropriations classified by 10 15 objects according to a standard scheme of classification to be 10 16 prescribed by the director. 10 17 PART III 10 18 APPROPRIATION BILLS. Part III shall include a draft or 10 19 drafts of appropriation bills having for their purpose to give 10 20 legal sanction to the appropriations recommended to be made in 10 21 Parts I and II. The appropriation bills shall indicate the 10 22 funds, general or special, from which the appropriations shall 10 23 be paid, but the appropriations need not be in greater detail 10 24 than to indicate the total appropriation to be made for both 10 25 of the following: 10 26 1. Administration, operation, and maintenance of each 10 27 department and establishment for each year of the fiscalyear10 28 biennium. 10 29 2. The cost of land, public improvements, and other 10 30 capital outlays for each department and establishment, 10 31 itemized by specific projects or classes of projects of the 10 32 same general character. 10 33 The governor may submit appropriation bills in the second 10 34 year of a fiscal biennium providing for supplemental 10 35 appropriations to or appropriation reductions from the 11 1 previously enacted fiscal biennium budget. 11 2 Sec. 11. Section 8.22A, subsections 3 and 4, Code 1995, 11 3 are amended to read as follows: 11 4 3. By December 15 of each fiscal year the conference shall 11 5 agree to a revenue estimate forthe fiscal year beginning the11 6following July 1. Thateach of the two following fiscal 11 7 years. 11 8 a. In a fiscal year preceding a fiscal biennium, the 11 9 estimate for each of the fiscal years of the fiscal biennium 11 10 shall be used by the governor in the preparation of the budget 11 11 message under section 8.22 and by the general assembly in the 11 12 budget process for both fiscal years of that fiscal biennium. 11 13 b. In a fiscal year in which the following fiscal year is 11 14 the second year of a fiscal biennium and the conference agrees 11 15 to a different estimate for the second fiscal year than was 11 16 used in the initial budget process for the second fiscal year, 11 17 the adjusted revenue estimate determined pursuant to section 11 18 8.54 for that second year shall be revised based upon the 11 19 different estimate. The different estimate shall be used by 11 20 the governor in the preparation of the budget message under 11 21 section 8.22 and by the general assembly in the budget process 11 22 for the second fiscal year. 11 23 c. If the conference agrees to a different estimate at a 11 24 later meeting which projects a greater amount of revenue than 11 25 the initial estimate amount for a fiscal year agreed to by 11 26 December 15, the governor and the general assembly shall 11 27 continue to use the initial estimate amount in the budget 11 28 process for that fiscal year. However, if the conference 11 29 agrees to a different estimate for a fiscal year at a later 11 30 meeting which projects a lesser amount of revenue than the 11 31 initial estimate amount, the governor and the general assembly 11 32 shall use the lesser amount in the budget process for that 11 33 fiscal year. As used in this subsection, "later meeting" 11 34 means only those later meetings which are held prior to the 11 35 conclusion ofthea regular session of the general assembly. 12 1 4. At the meeting in which the conference agrees to the 12 2 revenue estimate forthe followinga fiscal year in accordance 12 3 with the provisions of subsection 3, which is used in 12 4 determining an adjusted revenue estimate under section 8.54, 12 5 the conference shall agree to an estimate for tax refunds 12 6 payable from that estimated revenue. The estimates required 12 7 by this subsection shall be used in determining the adjusted 12 8 revenue estimate under section 8.54. 12 9 Sec. 12. Section 8.23, unnumbered paragraph 1, Code 1995, 12 10 is amended to read as follows: 12 11 On or beforeSeptemberOctober 1, prior to each legislative 12 12sessionbiennium, all departments and establishments of the 12 13 government shall transmit to the director, on blanksto be12 14 furnished by the director, estimates of their expenditure 12 15 requirements, including every proposed expenditure, for each 12 16 fiscal year of the ensuing fiscalyearbiennium, classified so 12 17 as to distinguish between expenditures estimated for 12 18 administration, operation, and maintenance, and the cost of 12 19 each project involving the purchase of land or the making of a 12 20 public improvement or capital outlay of a permanent character, 12 21 together with supporting data and explanations as called for 12 22 by the director. The budget estimates shall include for those 12 23 agencies which pay for energy directly a line item for energy 12 24 expenses itemized by type of energy and location. The 12 25 estimates of expenditure requirements shall be based upon 12 26 seventy-five percent of the funding provided for the current 12 27 fiscal year, accounted for by program and reduced by the 12 28 historical employee vacancy factor in a form specified by the 12 29 directorand, with the remainder of theestimateestimates of 12 30 expenditure requirements prioritized by program. On or before 12 31 October 1, prior to the second session of a legislative 12 32 biennium, all departments and establishments shall transmit to 12 33 the director, on blanks furnished by the director, estimates 12 34 of their requirements for supplemental appropriations or 12 35 appropriations reductions for the fiscal biennium budget in 13 1 progress. The estimates shall be accompanied with performance 13 2 measures for evaluating the effectiveness of the program. If 13 3 a department or establishment fails to submit estimates within 13 4 the time specified, the governor shall cause estimates to be 13 5 prepared for that department or establishment as in the 13 6 governor's opinion are reasonable and proper. The director 13 7 shall furnish standard budget request forms to each department 13 8 or agency of state government. 13 9 Sec. 13. Section 8.24, Code 1995, is amended to read as 13 10 follows: 13 11 8.24ANNUALBIENNIAL ESTIMATE OF INCOME. 13 12 On or before October 1,nextprior to each legislative 13 13 session, the director shall prepare an estimate of the total 13 14 income of the government for each of the two ensuing fiscal 13 15yearyears and for each fiscal year of the ensuing fiscal 13 16 biennium, in which the several items of income shall be listed 13 17 and classified according to sources or character, and 13 18 departments or establishments producing the funds, and brought 13 19 into comparison with the income actually received during the 13 20 last completed fiscal year and the estimated income to be 13 21 received during the fiscal year in progress. 13 22 Sec. 14. Section 8.30, Code 1995, is amended to read as 13 23 follows: 13 24 8.30 AVAILABILITY OF APPROPRIATIONS. 13 25 The appropriations made are not available for expenditure 13 26 until allotted as provided for in section 8.31. All 13 27 appropriations are declared to be maximum and proportionate 13 28 appropriations, the purpose being to make the appropriations 13 29 payable in full in the amounts named if the estimated budget 13 30 resources duringtheeach fiscal year of the fiscal biennium 13 31 for which the appropriations are made, are sufficient to pay 13 32 all of the appropriations in full. The governor shall 13 33 restrict allotments only to prevent an overdraft or deficit in 13 34 any fiscal year for which appropriations are made. 13 35 Sec. 15. Section 8.37, Code 1995, is amended to read as 14 1 follows: 14 2 8.37 FISCALTERMBIENNIUM. 14 3 The fiscaltermbiennium of the state ends on the thirtieth 14 4 day of June in each odd-numbered year, and the succeeding 14 5 fiscaltermbiennium begins on the day following. 14 6 Sec. 16. Section 8.41, subsection 2, Code 1995, is amended 14 7 to read as follows: 14 8 2. Federal funds deposited in the state treasury as 14 9 provided in subsection 1 shall either be included as part of 14 10 the governor's budget required by section 8.22 or shall be 14 11 included in a separate recommendation made by the governor to 14 12 the general assembly. If federal funds received in the form 14 13 of block grants or categorical grants have not been included 14 14 in the governor's budget for the current fiscalyearbiennium 14 15 because of time constraints or because a budget is not being 14 16 submitted for thenext fiscalsecond year of a fiscal 14 17 biennium, the governor shall submit a supplemental statement 14 18 to the general assembly listing the federal funds received and 14 19 including the same information for the federal funds required 14 20 by section 8.22, part I, subsection 2, paragraph "e", for the 14 21 statement of federal funds in the governor's budget. 14 22 Sec. 17. Section 8.54, subsection 1, paragraph a, Code 14 23 1995, is amended to read as follows: 14 24 a. "Adjusted revenue estimate" means the appropriate 14 25 revenue estimate for the general fund forthe followinga 14 26 fiscal year as determined by the revenue estimating conference 14 27 under section 8.22A, subsection 3, adjusted by subtracting 14 28 estimated tax refunds payable from that estimated revenue and 14 29 as determined by the conference, adding any new revenues which 14 30 may be considered to be eligible for deposit in the general 14 31 fund. 14 32 Sec. 18. Section 8.54, subsection 1, Code 1995, is amended 14 33 by adding the following new paragraph after paragraph a and 14 34 renumbering the succeeding paragraph: 14 35 NEW PARAGRAPH. b. "Fiscal biennium" means the two-year 15 1 period beginning on July 1 of each odd-numbered year and 15 2 ending June 30 of the next succeeding odd-numbered year. 15 3 Sec. 19. Section 8.54, subsections 2 and 3, Code 1995, are 15 4 amended to read as follows: 15 5 2. There is created a state general fund expenditure 15 6 limitation for each fiscal year of a fiscal biennium beginning 15 7 on or after July 1,19931995, calculated as provided in this 15 8 section. 15 9 3. Except as otherwise provided in this section, the state 15 10 general fund expenditure limitation for a fiscal year shall be 15 11 ninety-nine percent of the appropriate adjusted revenue 15 12 estimate. 15 13 Sec. 20. Section 17A.8, subsection 3, Code 1995, is 15 14 amended to read as follows: 15 15 3. A committee member shall be paid the per diem specified 15 16 in section 2.10, subsection 6, for each day in attendance and 15 17 shall be reimbursed for actual and necessary expenses.There15 18is appropriated from money in the general fund not otherwise15 19appropriated an amount sufficient to payThe costs incurred 15 20 under this section shall be paid from funds appropriated to 15 21 the general assembly pursuant to section 2.12. 15 22 Sec. 21. Section 602.1301, subsections 1 and 2, Code 1995, 15 23 are amended to read as follows: 15 24 1. The supreme court shall preparean annuala biennial 15 25 operating budget for the department, and shall submit a budget 15 26 request to the general assembly for the fiscalperiodbiennium 15 27 for which the general assembly is appropriating funds. 15 28 2. a. As early as possible, but not later than December 1 15 29 preceding the first year of the legislative biennium, the 15 30 supreme court shall submit to the legislative fiscal bureau 15 31 theannualbiennial budget request and detailed supporting 15 32 information for the judicial department. The submission shall 15 33 be designed to assist the legislative fiscal bureau in its 15 34 preparation for legislative consideration of the budget 15 35 request. The information submitted shall contain and be 16 1 arranged in a format substantially similar to the format 16 2 specified by the director of management and used by all 16 3 departments and establishments in transmitting to the director 16 4 estimates of their expenditure requirements pursuant to 16 5 section 8.23, except the estimates of expenditure requirements 16 6 shall be based upon one hundred percent of funding for the 16 7 current fiscalyearbiennium accounted for by program, and 16 8 using the same line item definitions of expenditures as used 16 9 for the current fiscalyear'sbiennium's budget request, and 16 10 the remainder of the estimate of expenditure requirements 16 11 prioritized by program. The supreme court shall also make use 16 12 of the department of management's automated budget system when 16 13 submitting information to the director of management to assist 16 14 the director in the transmittal of information as required 16 15 under section 8.35A. The supreme court shall budget and track 16 16 expenditures by the following separate organization codes: 16 17 (1) Iowa court information system. 16 18 (2) Appellate courts. 16 19 (3) Central administration. 16 20 (4) District court administration. 16 21 (5) Judges and magistrates. 16 22 (6) Court reporters. 16 23 (7) Juvenile court officers. 16 24 (8) District court clerks. 16 25 (9) Jury and witness fees. 16 26 b. Before December 1 preceding the first year of the 16 27 legislative biennium, the supreme court shall submit to the 16 28 director of management an estimate of the total expenditure 16 29 requirements of the judicial department.The director of16 30management shall submit this estimate received from the16 31supreme court to the governor for inclusion without change in16 32the governor's proposed budget for the succeeding fiscal year.16 33 The estimate shall also be submitted to the chairpersons of 16 34 the committees on appropriations. 16 35 c. The supreme court may submit a supplemental budget 17 1 request for the second year of a fiscal biennium providing for 17 2 supplemental appropriations to or appropriation reductions 17 3 from the previously enacted fiscal biennium budget. A 17 4 supplemental request shall be subject to the same format and 17 5 information requirements as a biennial budget request under 17 6 paragraph "a" and an expenditure requirements estimate under 17 7 paragraph "b". A supplemental budget request shall be 17 8 submitted on or before December 1 preceding the second year of 17 9 the fiscal biennium to the legislative fiscal bureau and the 17 10 director of the department of management. 17 11 Sec. 22. EFFECTIVE DATE AND APPLICABILITY. 17 12 1. Division I of this Act, being deemed of immediate 17 13 importance, takes effect upon enactment. 17 14 2. Notwithstanding that preparations for biennial 17 15 budgeting were not completed prior to July 1, 1995, the 17 16 provisions of division I of this Act apply to the fiscal 17 17 period beginning July 1, 1995, and ending June 30, 1997, and 17 18 succeeding fiscal bienniums. 17 19 3. For purposes of the state general fund expenditure 17 20 limitation established in accordance with the provisions of 17 21 sections 8.22A and 8.54 for the fiscal year beginning July 1, 17 22 1996, the initial state general fund expenditure limitation 17 23 for that year shall be the same as established for the fiscal 17 24 year beginning July 1, 1995. 17 25 DIVISION II - PROGRAM REVIEW 17 26 Sec. 23. Section 8.6, Code 1995, is amended by adding the 17 27 following new subsection: 17 28 NEW SUBSECTION. 9A. PROGRAM REVIEW. To prepare a review 17 29 of the programs and functions of state government as provided 17 30 in section 8.63. 17 31 Sec. 24. NEW SECTION. 8.63 REVIEW OF EXECUTIVE BRANCH 17 32 PROGRAMS. 17 33 1. DEFINITIONS. As used in this section, unless the 17 34 context otherwise requires: 17 35 a. "Program" means a program, function, or service 18 1 provided by an executive branch agency, whether the program is 18 2 created by statute, administrative rule, or internal 18 3 procedure. 18 4 b. "Program review" means the study and evaluation of a 18 5 department's program conducted under the director's authority 18 6 as provided in this section. 18 7 2. PERIODIC REVIEW. 18 8 a. The director shall biennially prepare a review schedule 18 9 detailing the periodic review of the programs of the executive 18 10 branch of state government. This periodic program review is 18 11 intended to assure the cost-effective delivery and quality 18 12 performance of state services. The primary purpose of the 18 13 program review is to determine whether or not there is a 18 14 continuing, genuine public need for the program under review 18 15 and, if so, to determine whether or not the public need is 18 16 being effectively served. The program review schedule shall 18 17 be submitted to the governor and the general assembly in the 18 18 first year of each legislative biennium. 18 19 b. To the extent possible, the director shall utilize the 18 20 benchmarks developed by the council on human investment in 18 21 accordance with the provisions of chapter 8A in determining 18 22 whether there is a continuing, genuine public need for a 18 23 program or function under review. 18 24 c. The purpose of the program review is to provide a 18 25 mechanism to increase the accountability, effectiveness, and 18 26 efficiency of state government through increased managerial 18 27 oversight and scrutiny of programs and performance improvement 18 28 opportunities. The director is granted broad authority to 18 29 recommend improvements as well as reduction or reorganization 18 30 of programs unless the responsible agency implements reforms 18 31 specified by the director and the general assembly. 18 32 d. The director shall have the powers and duties to 18 33 prepare and implement the biennial program review. 18 34 3. RESPONSIBILITIES AND DUTIES. The director shall 18 35 perform the following duties: 19 1 a. Conduct a thorough program review of all information 19 2 furnished by each department administering a program. 19 3 b. Obtain, verify, and review any reports, audits, or 19 4 actions taken by other departments concerning the program 19 5 under program review, including, but not limited to, recent 19 6 reports prepared by: 19 7 (1) The auditor of state. 19 8 (2) A legislative interim study or standing committee. 19 9 (3) The legislative fiscal bureau or legislative service 19 10 bureau. 19 11 (4) The citizens' aide/ombudsman. 19 12 (5) Special governmental task forces or committees. 19 13 c. Submit a biennial program review report to the governor 19 14 and the general assembly, on or before January 1 of the second 19 15 year of a legislative biennium. The report shall contain at 19 16 least the following elements: 19 17 (1) Evaluation of each program reviewed. 19 18 (2) Recommendations regarding each program reviewed. 19 19 4. RECOMMENDATIONS. The director may recommend any or all 19 20 of the following in a biennial program review report: 19 21 a. Continuance of a program. 19 22 b. Termination of a program or abolishment of the 19 23 program's administering department along with a transition 19 24 plan for the program's termination or department's 19 25 dissolution. 19 26 c. The consolidation, merger, or transfer of a program or 19 27 department unit from one department to another. 19 28 d. The termination of a program, unless certain conditions 19 29 are met or modifications made within a specified period of 19 30 time. 19 31 e. Budget limitations for a program. 19 32 f. Changes in fees to assure that the costs of a 19 33 regulatory program are borne by the regulated industry or 19 34 group. 19 35 g. Other managerial changes to assure service delivery in 20 1 an administratively and fiscally efficient manner. 20 2 h. Legislation to implement a recommendation, concerning a 20 3 program. 20 4 i. Legislation relating to an administering department, 20 5 program, related agency or department, or a program's 20 6 underlying public need. 20 7 5. DEPARTMENT REQUIREMENTS. A department administering a 20 8 program subject to program review shall provide all assistance 20 9 and information required by the director. Information 20 10 provided to the director shall also be submitted to the 20 11 legislative fiscal bureau. The director and the legislative 20 12 fiscal bureau shall cooperate to facilitate, to the greatest 20 13 extent possible, requests for information made by the director 20 14 and the legislative fiscal bureau in connection with a program 20 15 review. 20 16 6. RULES. The director shall adopt rules pursuant to 20 17 chapter 17A to implement the provisions of this section. The 20 18 rules shall include, but are not limited to, the following: 20 19 a. The information required to be submitted by a 20 20 department in connection with a program review of its 20 21 organization or programs. 20 22 b. Standards, methodologies, or criteria for review of 20 23 programs. 20 24 c. Procedures for implementing recommendations contained 20 25 in a program review report. 20 26 7. PROGRAM REVIEW EXPENSES. The department of management 20 27 may adopt rules providing for the payment of program review 20 28 expenses by the department responsible for administering a 20 29 program under review. 20 30 8. INTENT. It is the intent of the general assembly that 20 31 the process of program review be a part of a continuous effort 20 32 to improve the regulatory, administrative, and fiscal 20 33 efficiency and effectiveness of all programs of state 20 34 government. 20 35 EXPLANATION 21 1 The bill relates to state budget and program review 21 2 processes by providing for appropriations of moneys to the 21 3 general assembly and its agencies, establishes a biennial 21 4 budgeting process for the legislative, judicial, and executive 21 5 branches of state government, and requires the department of 21 6 management to perform a review of the programs and functions 21 7 of state government. 21 8 In sections 1 through 7 and 20, the bill requires for the 21 9 fiscal biennium beginning July 1, 1995, and succeeding fiscal 21 10 bienniums the general assembly to make biennial appropriations 21 11 for the expenses of the general assembly, its legislative 21 12 agencies, and for other items for which the general assembly 21 13 is required to pay. Under current law, these expenses are 21 14 paid under a standing appropriation, with the budgets approved 21 15 by the legislative council. 21 16 The bill provides that the general assembly is to enact 21 17 appropriation bills during the first year of each legislative 21 18 biennium covering two fiscal years. It is specified that 21 19 these bills need not be in greater detail than provided for 21 20 the governor's appropriation bills under current law. 21 21 Sections 8 through 19 provide for the implementation and 21 22 usage of biennial budgeting in chapter 8, the budget and 21 23 financial control Act, affecting the executive branch of 21 24 government. Section 12 provides for agencies to submit budget 21 25 information to the director of the department of management by 21 26 October 1 in place of current law requiring submission by 21 27 September 1. 21 28 Section 21 provides for the implementation and usage of 21 29 biennial budgeting in the judicial branch. In addition, the 21 30 bill eliminates a requirement that the judicial department's 21 31 budget estimates must be included in the governor's budget 21 32 without change. The bill applies to the budget for the fiscal 21 33 period beginning July 1, 1995, and ending June 30, 1997, and 21 34 succeeding fiscal bienniums. Section 22 provides for an 21 35 immediate effective date and requires implementation of 22 1 biennial budgeting notwithstanding that preparations for 22 2 biennial budgeting were not completed for the first fiscal 22 3 biennium. Section 22 also establishes an initial expenditure 22 4 limitation for fiscal year 1996-1997 as the same as in the 22 5 previous fiscal year. The bill provides a procedure for this 22 6 expenditure limit to be revised if the December revenue 22 7 estimate immediately prior to the second year of the fiscal 22 8 biennium is revised. 22 9 Division II of the bill relates to state program review 22 10 practices by providing for the periodic review of the programs 22 11 and functions of the executive branch of government. 22 12 The bill authorizes the director of the department of 22 13 management to establish a schedule for the periodic review of 22 14 the programs and functions of executive branch agencies. The 22 15 review would include examination of the effectiveness of the 22 16 program and the continued existence of a public need for the 22 17 program and other criteria. The director of the department of 22 18 management would be granted authority to recommend 22 19 reauthorization of programs, reorganization, or other 22 20 managerial and legislative changes, based upon the outcome of 22 21 the program review. The administrative provisions required by 22 22 the bill are to be specified in administrative rules adopted 22 23 by the director. 22 24 LSB 1229XL 76 22 25 jp/cf/24.2
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