Senate File 2250

                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the automatic repeal of programs containing
  2    an appropriation under specified circumstances.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1473XS 80
  5 rn/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  8E.211  APPROPRIATIONS PROVISIONS
  1  2 == AUTOMATIC REPEAL.
  1  3    1.  A new program or project established by an agency which
  1  4 commences during the fiscal years beginning July 1, 2004, July
  1  5 1, 2005, July 1, 2006, July 1, 2007, or July 1, 2008, and
  1  6 which is funded by a state appropriation, shall be repealed
  1  7 after five years if the department determines that substantial
  1  8 progress has not been made toward achieving the goals
  1  9 specified in the agency strategic plan as set out in section
  1 10 8E.207.  In determining whether substantial progress has been
  1 11 made, the department shall review the agency's annual
  1 12 performance reports submitted during the five=year period
  1 13 since the inception of the program or project.  The department
  1 14 may make recommendations during performance audits conducted
  1 15 during the five=year period, or upon review of annual
  1 16 performance reports, designed to enhance the likelihood that
  1 17 substantial progress will be determined to have been achieved,
  1 18 and may grant an extension of time where an agency can
  1 19 demonstrate a good=faith effort to comply with recommendations
  1 20 received, or where the agency can demonstrate that the failure
  1 21 to achieve substantial progress was due to circumstances which
  1 22 were unforeseeable when the agency's performance goals,
  1 23 measures, and plans were established.
  1 24    2.  This section is repealed July 1, 2013.
  1 25                           EXPLANATION
  1 26    This bill provides for the automatic repeal of programs or
  1 27 projects funded by a state appropriation which fail to make
  1 28 substantial progress toward achieving the goals set out in the
  1 29 agency's strategic plan.
  1 30    The bill provides that any new program or project
  1 31 established by a state agency which commences during the
  1 32 fiscal years beginning July 1, 2004, July 1, 2005, July 1,
  1 33 2006, July 1, 2007, or July 1, 2008, and which is funded by a
  1 34 state appropriation, must be determined by the department of
  1 35 management to have made substantial progress after five years
  2  1 toward achieving the agency's strategic plan, developed
  2  2 pursuant to Code section 8E.207.  The bill provides that in
  2  3 determining whether substantial progress has been made, the
  2  4 department shall review the agency's annual performance
  2  5 reports submitted during the five=year period since the
  2  6 inception of the program or project, and during that period
  2  7 can make recommendations designed to enhance the likelihood
  2  8 that substantial progress will be determined to have been
  2  9 achieved.  The bill provides that the department may grant an
  2 10 extension of time where an agency can demonstrate a good=faith
  2 11 effort to comply with recommendations received by the agency,
  2 12 or where it can be demonstrated that substantial progress was
  2 13 not achieved due to unforeseeable circumstances.
  2 14    The bill contains a repeal date of July 1, 2013.
  2 15 LSB 1473XS 80
  2 16 rn/sh/8