House File 2694 S-5123 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 not been enacted in an identical provision for the fiscal year 10 to which this section applies on or before July 1 of the fiscal 11 year. 12 (2) If, on or after July 1 of the fiscal year, a line item 13 appropriation, standing limited appropriation, or standing 14 unlimited appropriation otherwise limited by law for the 15 immediately preceding fiscal year is enacted in an identical 16 provision for the fiscal year to which this section applies, 17 this section shall cease to apply for purposes of that 18 appropriation. The amount of moneys already expended under 19 subsection 3 for the appropriation shall supplant a like amount 20 under the appropriation enacted for the fiscal year. 21 (3) For purposes of this paragraph, an appropriation 22 for the immediately preceding fiscal year is identical to an 23 appropriation enacted for the fiscal year to which this section 24 applies if there are no differences between the two provisions 25 other than reference to the fiscal year, references to the 26 legislation’s subunit hierarchy, or differences in amounts 27 for the appropriation, allocations, or full-time equivalent 28 positions. 29 b. For purposes of this subsection, “enacted” means the bill 30 or joint resolution that includes the appropriation has been 31 passed by the general assembly, presented to the governor, and 32 one of the following occurs under Article III, section 16, of 33 the Constitution of the State of Iowa: 34 (1) The governor signs the bill or joint resolution without 35 -1- HF 2694.3538 (3) 91 ns/jh 1/ 5 #1.

disapproving the appropriations item. 1 (2) The bill or joint resolution becomes law as described 2 in section 3.5. 3 (3) The bill or joint resolution becomes law 4 notwithstanding the governor’s objections by a majority of two 5 thirds of the members of each chamber of the general assembly. 6 2. Prior fiscal year appropriations determined. 7 a. For all line item appropriations, standing limited 8 appropriations, and standing unlimited appropriations otherwise 9 limited by law, including appropriations from federal and 10 nonstate funds, the department of management, in consultation 11 with the legislative services agency, shall determine the 12 amount of such line item appropriations, standing limited 13 appropriations, and standing unlimited appropriations otherwise 14 limited by law, including appropriations from federal and 15 nonstate funds, made for the immediately preceding fiscal year 16 by taking into consideration all of the following: 17 (1) All Acts appropriating moneys for that immediately 18 preceding fiscal year. 19 (2) All interdepartmental and intradepartmental transfers 20 made pursuant to section 8.39 and other provisions of law for 21 that immediately preceding fiscal year. 22 (3) Other relevant provisions of law. 23 b. The department of management, in consultation with the 24 legislative services agency, shall also identify the entities 25 to which such appropriations were made, or the entities’ 26 successors. 27 3. Continuing appropriation. There is appropriated from the 28 appropriate state fund or account to the entities identified 29 pursuant to subsection 2, for the fiscal year to which this 30 section applies, amounts, or so much thereof as is necessary, 31 equal to the amounts of all line item appropriations, standing 32 limited appropriations, and standing unlimited appropriations 33 otherwise limited by law, including federal and nonstate funds, 34 made for the immediately preceding fiscal year, as determined 35 -2- HF 2694.3538 (3) 91 ns/jh 2/ 5

pursuant to subsection 2. 1 4. Duplicative standing appropriations supplanted. The 2 amounts appropriated under subsection 3 shall supplant any 3 duplicative standing appropriation for the fiscal year to which 4 this section applies. 5 5. Miscellaneous provisions applicable. Powers, duties, 6 limitations, or requirements, including reporting requirements, 7 set forth for appropriations applicable to the immediately 8 preceding fiscal year are applicable for the fiscal year to 9 which this section applies for appropriations under subsection 10 3, and any specified date contained therein shall apply one 11 year later than specified. 12 6. Allocation amounts. For any line item appropriation, 13 standing limited appropriation, or standing unlimited 14 appropriation otherwise limited by law identified pursuant to 15 subsection 2, which is subject to an allocation amount for the 16 immediately preceding fiscal year, the amount appropriated 17 under subsection 3 based on the appropriation shall be subject 18 to the same allocation amount for the fiscal year to which this 19 section applies. 20 7. Nonreversion. For any line item appropriation, standing 21 limited appropriation, or standing unlimited appropriation 22 otherwise limited by law identified pursuant to subsection 2 23 that is subject to a specified nonreversion provision, whether 24 for a limited or unlimited period, the amount appropriated 25 under subsection 3 based on the appropriation shall be subject 26 to the same specified nonreversion provision, and in the case 27 of a specified nonreversion provision for a limited period, 28 the period shall be considered to be one fiscal year longer 29 than specified for the appropriation identified pursuant to 30 subsection 2. 31 8. Full-time equivalent positions. The amounts appropriated 32 under subsection 3 to an entity identified pursuant to 33 subsection 2 may be used by the entity for a number of 34 full-time equivalent positions for the fiscal year to which 35 -3- HF 2694.3538 (3) 91 ns/jh 3/ 5

this section applies, equal to the number of full-time 1 equivalent positions authorized for the entity for the 2 immediately preceding fiscal year. 3 9. Exclusions. 4 a. This section does not apply to appropriations identified 5 under subsection 2 that the department of management, in 6 consultation with the legislative services agency, determines 7 to be one-time appropriations. For purposes of this paragraph, 8 “one-time appropriation” may include but is not limited to an 9 appropriation from the rebuild Iowa infrastructure fund created 10 in section 8.57 or the technology reinvestment fund created in 11 section 8.57C, or a similar appropriation from any state fund 12 or account for an infrastructure project, technology project, 13 or temporary or pilot project or program. 14 b. This section does not apply to appropriations for 15 which the general assembly has indicated by law the general 16 assembly’s explicit intent that the appropriation not be 17 subject to subsection 3, including but not limited to by 18 passing an appropriation bill applicable for the fiscal year to 19 which this section applies that is substantially similar to an 20 Act appropriating moneys for the immediately preceding fiscal 21 year but that does not include the appropriation. 22 c. This section does not apply to an appropriation 23 identified under subsection 2 if the general assembly passed 24 and presented to the governor an identical provision, as 25 described in subsection 1, paragraph “a” , subparagraph (3), 26 applicable for the fiscal year to which this section applies 27 but the item was disapproved by the governor under Article III, 28 section 16, of the Constitution of the State of Iowa. 29 10. Adjustment for expenditure limitation. If appropriations 30 made from the general fund of the state pursuant to subsection 31 3 would not comply with the general fund expenditure 32 limitation under section 8.54, the department of management, 33 in consultation with the legislative services agency, shall 34 reduce appropriations made from the general fund of the 35 -4- HF 2694.3538 (3) 91 ns/jh 4/ 5

state pursuant to subsection 3, each by the same percentage, 1 such that appropriations made from the general fund of the 2 state pursuant to subsection 3 comply with the general fund 3 expenditure limitation under section 8.54. > 4 2. Title page, by striking lines 1 and 2 and inserting < An 5 Act relating to state government, including the regulation of 6 certain places and activities by the governor and continuing 7 appropriations in fiscal years for which annual appropriations 8 have not been enacted. > 9 3. By renumbering as necessary. 10 ______________________________ COMMITTEE ON STATE GOVERNMENT KEN ROZENBOOM, CHAIRPERSON -5- HF 2694.3538 (3) 91 ns/jh 5/ 5 #2. #3.