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Text: HSB00047                          Text: HSB00049
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House Study Bill 48

Bill Text

PAG LIN
  1  1             DIVISION I - APPROPRIATION INFORMATION
  1  2    Section 1.  NEW SECTION.  2.16A  APPROPRIATION INFORMATION
  1  3 REQUIRED.
  1  4    A legislative bill or resolution which includes an
  1  5 appropriation shall have attached to it a future obligations
  1  6 estimate containing information required by section 2.49,
  1  7 subsection 5A, paragraph "a", subparagraphs (1) through (5),
  1  8 as provided by rules of the general assembly.
  1  9    Sec. 2.  Section 2.49, subsection 4, Code 1997, is amended
  1 10 to read as follows:
  1 11    4.  Assist standing committees and members of the general
  1 12 assembly in attaching fiscal notes to legislative bills and
  1 13 resolutions as provided by the rules of the general assembly.
  1 14 A fiscal note shall also include the following information as
  1 15 applicable:
  1 16    a.  If the cost of implementing the bill or resolution is
  1 17 projected to increase or decrease in fiscal years subsequent
  1 18 to the fiscal year of initial implementation, the fiscal note
  1 19 shall include the projections for the subsequent fiscal years.
  1 20    b.  If the bill or resolution involves a capital or
  1 21 technology project, the fiscal note shall include an estimate
  1 22 of the ongoing operating or maintenance costs associated with
  1 23 the project in future fiscal years.
  1 24    Sec. 3.  Section 2.49, Code 1997, is amended by adding the
  1 25 following new subsection:
  1 26    NEW SUBSECTION.  5A.  Pursuant to a request of the governor
  1 27 to the general assembly, provide the information enumerated in
  1 28 paragraphs "a" and "b" to members of the general assembly.
  1 29 The information shall be provided upon adjournment of a
  1 30 regular or extraordinary session of the general assembly and
  1 31 on a weekly basis beginning thirty calendar days prior to the
  1 32 final date for which payment is authorized in accordance with
  1 33 section 2.10, subsection 1, to members of the general assembly
  1 34 for expenses of office during a regular legislative session.
  1 35    a.  An itemized listing of appropriations approved during
  2  1 that session of the general assembly.  The listing shall
  2  2 include, but is not limited to, all of the following items:
  2  3    (1)  For a purpose funded by an appropriation for which it
  2  4 is projected that continuance of the purpose will require an
  2  5 increased appropriation in one or more subsequent fiscal
  2  6 years, the amount of the projected increase.
  2  7    (2)  For a purpose funded by an appropriation for less than
  2  8 a full fiscal year, the annualized amount required to fund the
  2  9 purpose for a full fiscal year.
  2 10    (3)  For a purpose funded by an appropriation where the
  2 11 funding source for the appropriation is only available for a
  2 12 limited period of time, including, but not limited to, moneys
  2 13 which would otherwise revert to the fund from which
  2 14 appropriated, the projected amount to fully fund the purpose
  2 15 in future fiscal years.
  2 16    (4)  For a purpose funded by redirecting an appropriation
  2 17 made in a prior fiscal year, the projected amount to fully
  2 18 fund the purpose in future fiscal years.
  2 19    (5)  For a purpose funded by an appropriation from a source
  2 20 other than the general fund of the state in which an exception
  2 21 is made to the law for the funding source in effect at the
  2 22 time the appropriation is made or for a purpose which in order
  2 23 to be funded by an appropriation from the same funding source
  2 24 in a subsequent fiscal year would require an exception to law,
  2 25 the amount projected to fully fund the purpose in the
  2 26 subsequent fiscal year.
  2 27    b.  A statement of the estimated financial condition of the
  2 28 state treasury for the fiscal year which commences during the
  2 29 calendar year in which the next regular session of the general
  2 30 assembly convenes.  The statement shall incorporate the items
  2 31 described in paragraph "a".  
  2 32               DIVISION II - BUDGETING FOR RESULTS
  2 33    Sec. 4.  NEW SECTION.  8.35B  BUDGETING FOR RESULTS.
  2 34    1.  For the purposes of this section, unless the context
  2 35 otherwise requires, the term "budgeting for results" means the
  3  1 budgeting process which includes steps for identifying and
  3  2 measuring desired results by use of results-oriented
  3  3 performance measures.  Under budgeting for results the
  3  4 performance measures are developed by a department or
  3  5 establishment in collaboration with the department of
  3  6 management and the legislative fiscal bureau for a program
  3  7 administered by the department or establishment.
  3  8    2.  If a new program commences on or after July 1, 1997,
  3  9 under a department or establishment or the source of funding
  3 10 for a program administered by a department or establishment is
  3 11 changed from the source of funding used in the previous fiscal
  3 12 year, the program shall be included in budgeting for results.
  3 13    3.  Commencing with the fiscal year beginning July 1, 2000,
  3 14 all programs administered by departments and establishments
  3 15 shall be included in budgeting for results.
  3 16    4.  The departments and establishments utilizing budgeting
  3 17 for results, shall collect data as determined by the
  3 18 department of management in collaboration with the legislative
  3 19 fiscal bureau, for use in evaluating the programs included in
  3 20 budgeting for results.  The data shall measure the
  3 21 effectiveness of a program in achieving the stated desired
  3 22 results.  Analysis of the data and evaluations of the
  3 23 effectiveness of a program in achieving the desired results
  3 24 shall be submitted by the departments and establishments to
  3 25 the governor and general assembly for use in making budgetary
  3 26 and policy decisions.  
  3 27        DIVISION III - REVERSIONS – TECHNOLOGY TRANSFER
  3 28    Sec. 5.  Section 8.22A, subsection 5, Code 1997, is amended
  3 29 by adding the following new paragraph:
  3 30    NEW PARAGRAPH.  c.  The amount of revenue for the following
  3 31 fiscal year from gambling revenues in excess of one hundred
  3 32 million dollars to be deposited in the technology investment
  3 33 fund created in an enactment by the Seventy-seventh General
  3 34 Assembly, 1997 Session.
  3 35    Sec. 6.  Section 8.57, subsection 5, paragraph e, Code
  4  1 1997, is amended to read as follows:
  4  2    e.  Notwithstanding provisions to the contrary in sections
  4  3 99D.17 and 99F.11, for the each fiscal years year beginning
  4  4 July 1, 1995, and July 1, 1996, not more than a total of sixty
  4  5 million dollars; and for each fiscal year thereafter; shall be
  4  6 deposited in the general fund of the state in any fiscal year
  4  7 pursuant to sections 99D.17 and 99F.11.  The total
  4  8 Notwithstanding section 8.60, moneys in excess of the moneys
  4  9 deposited in the general fund in a fiscal year shall be
  4 10 deposited as follows:
  4 11    (1)  Not more than forty million dollars shall be deposited
  4 12 in the infrastructure fund and shall be used as provided in
  4 13 this section, notwithstanding section 8.60.
  4 14    (2)  Any remaining moneys shall be deposited in the
  4 15 technology investment fund as provided in an enactment by the
  4 16 Seventy-seventh General Assembly, 1997 Session.
  4 17    Sec. 7.  Section 8.62, subsection 2, Code 1997, is amended
  4 18 to read as follows:
  4 19    2.  Notwithstanding the provisions of section 8.33 or any
  4 20 other provision of law to the contrary, if on June 30 of a
  4 21 fiscal year, a balance of an operational appropriation remains
  4 22 unexpended or unencumbered, not more than fifty percent of the
  4 23 balance may be encumbered by the agency to which the
  4 24 appropriation was made and used as provided in this section
  4 25 and the remaining balance shall be deposited in the cash
  4 26 reserve technology investment fund created in section 8.56 in
  4 27 an enactment by the Seventy-seventh General Assembly, 1997
  4 28 Session.  Moneys encumbered under this section shall only be
  4 29 used by the agency during the succeeding fiscal year for
  4 30 employee training and for technology enhancement.  Unused
  4 31 moneys encumbered by an agency under this section shall be
  4 32 deposited in the cash reserve fund on June 30 of the
  4 33 succeeding fiscal year.
  4 34    Sec. 8.  Section 8.62, subsection 4, Code 1997, is amended
  4 35 by striking the subsection.
  5  1    Sec. 9.  CONTINGENT EFFECTIVENESS – IMMEDIATE EFFECTIVE
  5  2 DATE.
  5  3    1.  Enactment of all of the following provisions of this
  5  4 division of this Act is contingent upon enactment of a statute
  5  5 by the Seventy-seventh General Assembly, 1997 Session,
  5  6 creating a technology investment fund:
  5  7    a.  Section 5, amending section 8.22A.
  5  8    b.  Section 6, amending section 8.57.
  5  9    c.  Section 7, amending section 8.62, subsection 2.
  5 10    2.  If a statute is enacted creating a technology
  5 11 investment fund as provided in subsection 1, section 7 of this
  5 12 division of this Act, amending section 8.62, subsection 2,
  5 13 being deemed of immediate importance, takes effect upon the
  5 14 later of the date of enactment of this Act or of the effective
  5 15 date of enactment of the statute creating the technology
  5 16 investment fund.  
  5 17       DIVISION IV - CLEAN FUND REPEAL – LOTTERY TRANSFER
  5 18    Sec. 10.  Section 8.22A, subsection 5, paragraph a, Code
  5 19 1997, is amended to read as follows:
  5 20    a.  The amount of lottery revenues for the following fiscal
  5 21 year to be available for disbursement transferred from the
  5 22 lottery fund to the general fund of the state following the
  5 23 deductions made pursuant to section 99E.10, subsection 1.
  5 24    Sec. 11.  Section 99E.10, subsection 1, unnumbered
  5 25 paragraph 3, Code 1997, is amended to read as follows:
  5 26    The committing the lottery to environment, agriculture, and
  5 27 natural resources fund, also to be known as the CLEAN fund, is
  5 28 created in the office of the treasurer of state.  Lottery
  5 29 revenue remaining after expenses are determined shall be
  5 30 transferred to the CLEAN general fund of the state on a
  5 31 monthly basis.  Revenues generated during the last month of
  5 32 the fiscal year which are transferred to the CLEAN general
  5 33 fund of the state during the following fiscal year shall be
  5 34 considered revenues transferred during the previous fiscal
  5 35 year for purposes of the allotments made to and appropriations
  6  1 made from the separate accounts in the CLEAN fund for that
  6  2 previous fiscal year.  However, upon the request of the
  6  3 director and subject to approval by the treasurer of state, an
  6  4 amount sufficient to cover the foreseeable administrative
  6  5 expenses of the lottery for a period of twenty-one days may be
  6  6 retained from the lottery revenue.  Prior to the monthly
  6  7 transfer to the CLEAN general fund of the state, the director
  6  8 may direct that lottery revenue shall be deposited in the
  6  9 lottery fund and in interest-bearing accounts designated by
  6 10 the treasurer of state in the financial institutions of this
  6 11 state or invested in the manner provided in section 12B.10.
  6 12 Interest or earnings paid on the deposits or investments is
  6 13 considered lottery revenue and shall be transferred to the
  6 14 CLEAN general fund of the state in the same manner as other
  6 15 lottery revenue.  Money in the CLEAN fund shall be deposited
  6 16 in interest-bearing accounts in financial institutions in this
  6 17 state or invested in the manner provided in section 12B.10.
  6 18 The interest or earnings on the deposits or investments shall
  6 19 be considered part of the CLEAN fund and shall be retained in
  6 20 the fund unless appropriated by the general assembly.
  6 21    Sec. 12.  Section 99E.10, subsection 2, Code 1997, is
  6 22 amended to read as follows:
  6 23    2.  The director of management shall not include lottery
  6 24 revenues in the director's fiscal year revenue estimates.
  6 25 Moneys in the CLEAN fund shall not be considered a part of the
  6 26 Iowa economic emergency fund.
  6 27    Sec. 13.  Section 99E.20, subsection 2, Code 1997, is
  6 28 amended to read as follows:
  6 29    2.  A lottery fund is created in the office of the
  6 30 treasurer of state.  The fund consists of all revenues
  6 31 received from the sale of lottery tickets or shares and all
  6 32 other moneys lawfully credited or transferred to the fund.
  6 33 The commissioner shall certify monthly that portion of the
  6 34 fund that is transferred to the CLEAN general fund of the
  6 35 state under section 99E.10 and shall cause that portion to be
  7  1 transferred to the CLEAN general fund of the state.  The
  7  2 commissioner shall certify before the twentieth of each month
  7  3 that portion of the lottery fund resulting from the previous
  7  4 month's sales to be transferred to the CLEAN general fund of
  7  5 the state.
  7  6    Sec. 14.  REPEAL.  Section 99E.34, Code 1997, is repealed.  
  7  7                           EXPLANATION
  7  8    This bill relates to state budgeting and appropriations
  7  9 procedures, including certain fund transfers.
  7 10    Division I relates to appropriation information.
  7 11    New Code section 2.16A requires an appropriation bill to
  7 12 have attached to it a future obligations estimate containing
  7 13 fiscal estimate information about the appropriations in the
  7 14 bill.
  7 15    Code section 2.49, subsection 4, is amended to require
  7 16 fiscal notes prepared by the legislative fiscal bureau to
  7 17 include certain information regarding costs of implementing
  7 18 bill provisions in future fiscal years.
  7 19    Code section 2.49 is also amended with a new subsection
  7 20 tentatively numbered 5A requiring the legislative fiscal
  7 21 bureau, pursuant to a request to the general assembly from the
  7 22 governor, to provide regular reports to the members of the
  7 23 general assembly.  The reports are required upon adjournment
  7 24 of a regular or extraordinary and weekly during the final days
  7 25 of a regular session.  The information required is an itemized
  7 26 listing of certain types of appropriations which are not made
  7 27 from the general fund of the state, are for a purpose which
  7 28 initially does not encompass an entire fiscal year, are
  7 29 projected to require additional funding in future fiscal
  7 30 years, are a redirection of funds from an enacted
  7 31 appropriation, or provide an exception to law in order to make
  7 32 the appropriation.  The new subsection also requires,
  7 33 incorporating with the fiscal information provided and in the
  7 34 same time frame as required for the above information, a
  7 35 statement of the financial condition of the state treasury for
  8  1 the fiscal year commencing in the calendar year in which the
  8  2 next succeeding regular session of the general assembly
  8  3 convenes.
  8  4    Division II relates to a new budgeting practice for
  8  5 executive branch agencies.
  8  6    New Code section 8.35B requires the departments under the
  8  7 executive branch of government to implement "budgeting for
  8  8 results", a term defined in the section.
  8  9    The process involves a department, in collaboration with
  8 10 the department of management and the legislative fiscal
  8 11 bureau, developing results-oriented performance measures for
  8 12 the programs administered by the department.  If a program is
  8 13 created on or after July 1, 1997, or if the source of funding
  8 14 for the program is changed from that used in the previous
  8 15 fiscal year, the program is to be included in "budgeting for
  8 16 results".  Commencing with fiscal year 2000-2001, all programs
  8 17 under the departments of the executive branch are to utilize
  8 18 "budgeting for results".
  8 19    Division III amends Code chapter 8 provisions involving
  8 20 transfer and use of funds for technology purposes.  Code
  8 21 section 8.57 is amended to provide for deposit of state pari-
  8 22 mutuel wagering revenues and other gambling revenues in excess
  8 23 of $100 million into the technology investment fund, if the
  8 24 fund is enacted into law.  Current law provides for all state
  8 25 parimutuel and gambling revenues in excess of $60 million to
  8 26 be deposited into the rebuild Iowa infrastructure fund.  Code
  8 27 section 8.22A is amended to require the revenue estimating
  8 28 conference to provide an estimate of this deposit of moneys
  8 29 into the technology investment fund.
  8 30    In division III, Code section 8.62, relating to agency use
  8 31 of moneys which would otherwise revert to the general fund, is
  8 32 amended.  Under current law, half of these moneys are retained
  8 33 by the agency for technology and training and the other half
  8 34 is transferred to the cash reserve fund.  The bill provides
  8 35 the moneys that would go to the cash reserve fund under
  9  1 current law will instead go to the technology investment fund.
  9  2 This provision is effective upon enactment subject to a
  9  3 contingent effectiveness section which predicates the
  9  4 effectiveness of the section upon enactment during the 1997
  9  5 legislative session of a law creating the technology
  9  6 investment fund.  Division III further amends section 8.62 to
  9  7 strike a sunset of the section which is to take effect under
  9  8 current law September 1, 1999.
  9  9    Division IV repeals provisions relating to the committing
  9 10 the lottery to environment, agriculture, and natural resources
  9 11 (CLEAN) fund and deposit of lottery proceeds into that fund.
  9 12 The bill instead provides for deposit of the lottery proceeds
  9 13 into the general fund of the state.  
  9 14 LSB 1532XL 77
  9 15 jp/jj/8.2
     

Text: HSB00047                          Text: HSB00049
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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