Senate Amendment to House File 2694 H-8438 Amend House File 2694, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. NEW SECTION . 2.12C Continuing appropriations. 4 1. Annual appropriations not enacted. 5 a. (1) This section applies to any fiscal year for 6 which one or more line item appropriations, standing limited 7 appropriations, or standing unlimited appropriations otherwise 8 limited by law for the immediately preceding fiscal year have 9 been passed by the general assembly and presented to the 10 governor but have not been enacted in an identical provision 11 for the fiscal year to which this section applies on or before 12 July 1 of the fiscal year. 13 (2) If, on or after July 1 of the fiscal year, a line item 14 appropriation, standing limited appropriation, or standing 15 unlimited appropriation otherwise limited by law for the 16 immediately preceding fiscal year is enacted in an identical 17 provision for the fiscal year to which this section applies, 18 this section shall cease to apply for purposes of that 19 appropriation. The amount of moneys already expended under 20 subsection 3 for the appropriation shall supplant a like amount 21 under the appropriation enacted for the fiscal year. 22 (3) For purposes of this paragraph, an appropriation 23 for the immediately preceding fiscal year is identical to an 24 appropriation enacted for the fiscal year to which this section 25 applies if there are no differences between the two provisions 26 other than reference to the fiscal year, references to the 27 legislation’s subunit hierarchy, or differences in amounts 28 for the appropriation, allocations, or full-time equivalent 29 positions. 30 b. For purposes of this subsection, “enacted” means the bill 31 or joint resolution that includes the appropriation has been 32 passed by the general assembly, presented to the governor, and 33 one of the following occurs under Article III, section 16, of 34 the Constitution of the State of Iowa: 35 -1- HF 2694.4377.S (2) 91 mb 1/ 5 #1.
(1) The governor signs the bill or joint resolution without 1 disapproving the appropriations item. 2 (2) The bill or joint resolution becomes law as described 3 in section 3.5. 4 (3) The bill or joint resolution becomes law 5 notwithstanding the governor’s objections by a majority of two 6 thirds of the members of each chamber of the general assembly. 7 2. Prior fiscal year appropriations determined. 8 a. For all line item appropriations, standing limited 9 appropriations, and standing unlimited appropriations otherwise 10 limited by law, including appropriations from federal and 11 nonstate funds, the department of management, in consultation 12 with the legislative services agency, shall determine the 13 amount of such line item appropriations, standing limited 14 appropriations, and standing unlimited appropriations otherwise 15 limited by law, including appropriations from federal and 16 nonstate funds, made for the immediately preceding fiscal year 17 by taking into consideration all of the following: 18 (1) All Acts appropriating moneys for that immediately 19 preceding fiscal year. 20 (2) All interdepartmental and intradepartmental transfers 21 made pursuant to section 8.39 and other provisions of law for 22 that immediately preceding fiscal year. 23 (3) Other relevant provisions of law. 24 b. The department of management, in consultation with the 25 legislative services agency, shall also identify the entities 26 to which such appropriations were made, or the entities’ 27 successors. 28 3. Continuing appropriation. There is appropriated from the 29 appropriate state fund or account to the entities identified 30 pursuant to subsection 2, for the fiscal year to which this 31 section applies, amounts, or so much thereof as is necessary, 32 equal to the amounts of all line item appropriations, standing 33 limited appropriations, and standing unlimited appropriations 34 otherwise limited by law, including federal and nonstate funds, 35 -2- HF 2694.4377.S (2) 91 mb 2/ 5
made for the immediately preceding fiscal year, as determined 1 pursuant to subsection 2. 2 4. Duplicative standing appropriations supplanted. The 3 amounts appropriated under subsection 3 shall supplant any 4 duplicative standing appropriation for the fiscal year to which 5 this section applies. 6 5. Miscellaneous provisions applicable. Powers, duties, 7 limitations, or requirements, including reporting requirements, 8 set forth for appropriations applicable to the immediately 9 preceding fiscal year are applicable for the fiscal year to 10 which this section applies for appropriations under subsection 11 3, and any specified date contained therein shall apply one 12 year later than specified. 13 6. Allocation amounts. For any line item appropriation, 14 standing limited appropriation, or standing unlimited 15 appropriation otherwise limited by law identified pursuant to 16 subsection 2, which is subject to an allocation amount for the 17 immediately preceding fiscal year, the amount appropriated 18 under subsection 3 based on the appropriation shall be subject 19 to the same allocation amount for the fiscal year to which this 20 section applies. 21 7. Nonreversion. For any line item appropriation, standing 22 limited appropriation, or standing unlimited appropriation 23 otherwise limited by law identified pursuant to subsection 2 24 that is subject to a specified nonreversion provision, whether 25 for a limited or unlimited period, the amount appropriated 26 under subsection 3 based on the appropriation shall be subject 27 to the same specified nonreversion provision, and in the case 28 of a specified nonreversion provision for a limited period, 29 the period shall be considered to be one fiscal year longer 30 than specified for the appropriation identified pursuant to 31 subsection 2. 32 8. Full-time equivalent positions. The amounts appropriated 33 under subsection 3 to an entity identified pursuant to 34 subsection 2 may be used by the entity for a number of 35 -3- HF 2694.4377.S (2) 91 mb 3/ 5
full-time equivalent positions for the fiscal year to which 1 this section applies, equal to the number of full-time 2 equivalent positions authorized for the entity for the 3 immediately preceding fiscal year. 4 9. Exclusions. 5 a. This section does not apply to appropriations identified 6 under subsection 2 that the department of management, in 7 consultation with the legislative services agency, determines 8 to be one-time appropriations. For purposes of this paragraph, 9 “one-time appropriation” may include but is not limited to an 10 appropriation from the rebuild Iowa infrastructure fund created 11 in section 8.57 or the technology reinvestment fund created in 12 section 8.57C, or a similar appropriation from any state fund 13 or account for an infrastructure project, technology project, 14 or temporary or pilot project or program. 15 b. This section does not apply to appropriations for 16 which the general assembly has indicated by law the general 17 assembly’s explicit intent that the appropriation not be 18 subject to subsection 3, including but not limited to by 19 passing an appropriation bill applicable for the fiscal year to 20 which this section applies that is substantially similar to an 21 Act appropriating moneys for the immediately preceding fiscal 22 year but that does not include the appropriation. 23 c. This section does not apply to an appropriation 24 identified under subsection 2 if the general assembly passed 25 and presented to the governor an identical provision, as 26 described in subsection 1, paragraph “a” , subparagraph (3), 27 applicable for the fiscal year to which this section applies 28 but the item was disapproved by the governor under Article III, 29 section 16, of the Constitution of the State of Iowa. 30 10. Adjustment for expenditure limitation. If appropriations 31 made from the general fund of the state pursuant to subsection 32 3 would not comply with the general fund expenditure 33 limitation under section 8.54, the department of management, 34 in consultation with the legislative services agency, shall 35 -4- HF 2694.4377.S (2) 91 mb 4/ 5
reduce appropriations made from the general fund of the 1 state pursuant to subsection 3, each by the same percentage, 2 such that appropriations made from the general fund of the 3 state pursuant to subsection 3 comply with the general fund 4 expenditure limitation under section 8.54. > 5 2. Page 2, after line 12 by inserting: 6 < Sec. ___. Section 135.144, subsection 6, Code 2026, is 7 amended to read as follows: 8 6. Vaccinate or order Recommend that individuals be 9 vaccinated against an infectious disease and to prevent the 10 spread of communicable or potentially communicable disease. 11 Vaccinations shall may be administered by any qualified person 12 authorized to do so by the department. The vaccination shall 13 not be provided or ordered recommended for an individual 14 if it is reasonably likely to lead to serious harm to the 15 affected individual. To prevent the spread of communicable or 16 potentially communicable disease, the department may isolate or 17 quarantine, pursuant to chapter 139A and the rules implementing 18 chapter 139A and this subchapter , any infected person who is 19 unable or unwilling to undergo vaccination pursuant to this 20 subsection . > 21 3. Title page, by striking lines 1 and 2 and inserting < An 22 Act relating to state government, including the regulation 23 of certain places and activities by the governor and the 24 department of health and human services and continuing 25 appropriations in fiscal years for which annual appropriations 26 have not been enacted. > 27 4. By renumbering as necessary. 28 -5- HF 2694.4377.S (2) 91 mb 5/ 5 #2. #3.