House File 2159 - Introduced
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act revising the calendar used for development of the state
2 budget and providing an applicability date provision.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5553YH 81
5 jp/gg/14
PAG LIN
1 1 Section 1. Section 2.12, unnumbered paragraph 4, Code
1 2 2005, is amended to read as follows:
1 3 There is appropriated out of any funds in the state
1 4 treasury not otherwise appropriated such sums as may be
1 5 necessary for the fiscal year budgets of the legislative
1 6 services agency and the citizens' aide office for salaries,
1 7 support, maintenance, and miscellaneous purposes to carry out
1 8 their statutory responsibilities. The legislative services
1 9 agency and the citizens' aide office shall submit their
1 10 proposed budgets to the legislative council not later than
1 11 September 1 of each year. The legislative council shall
1 12 review and approve the proposed budgets not later than
1 13 December November 1 of each year. The budget approved by the
1 14 legislative council for each of its statutory legislative
1 15 agencies shall be transmitted by the legislative council to
1 16 the department of management on or before December November 1
1 17 of each year for the fiscal year beginning July 1 of the
1 18 following year. The department of management shall submit the
1 19 approved budgets received from the legislative council to the
1 20 governor for inclusion in the governor's proposed budget for
1 21 the succeeding fiscal year. The approved budgets shall also
1 22 be submitted to the chairpersons of the committees on
1 23 appropriations. The committees on appropriations may allocate
1 24 from the funds appropriated by this section the funds
1 25 contained in the approved budgets, or such other amounts as
1 26 specified, pursuant to a concurrent resolution to be approved
1 27 by both houses of the general assembly. The director of the
1 28 department of administrative services shall issue warrants for
1 29 salaries, support, maintenance, and miscellaneous purposes
1 30 upon requisition by the administrative head of each statutory
1 31 legislative agency. If the legislative council elects to
1 32 change the approved budget for a legislative agency prior to
1 33 July 1, the legislative council shall transmit the amount of
1 34 the budget revision to the department of management prior to
1 35 July 1 of the fiscal year, however, if the general assembly
2 1 approved the budget it cannot be changed except pursuant to a
2 2 concurrent resolution approved by the general assembly.
2 3 Sec. 2. Section 8.21, unnumbered paragraph 1, Code 2005,
2 4 is amended to read as follows:
2 5 Not later than February 1 of On or before December 1 prior
2 6 to each legislative session, the governor shall transmit to
2 7 the legislature a document to be known as a budget, setting
2 8 forth the governor's financial program for the ensuing fiscal
2 9 year and having the character and scope set forth in sections
2 10 8.22 through 8.29. However, if a gubernatorial election has
2 11 been held and the governor=elect who will hold office during
2 12 that legislative session is not the current holder of the
2 13 office of governor, the budget shall be transmitted to the
2 14 legislature not later than February 1, following inauguration
2 15 of the governor=elect.
2 16 Sec. 3. Section 8.22A, subsection 3, Code 2005, is amended
2 17 to read as follows:
2 18 3. By December 15 November 1 of each fiscal year the
2 19 conference shall agree to a revenue estimate for the fiscal
2 20 year beginning the following July 1. That estimate shall be
2 21 used by the governor in the preparation of the budget message
2 22 under section 8.22 and by the general assembly in the budget
2 23 process. If the conference agrees to a different estimate at
2 24 a later meeting which projects a greater amount of revenue
2 25 than the initial estimate amount agreed to by December 15
2 26 November 1, the governor and the general assembly shall
2 27 continue to use the initial estimate amount in the budget
2 28 process for that fiscal year. However, if the conference
2 29 agrees to a different estimate at a later meeting which
2 30 projects a lesser amount of revenue than the initial estimate
2 31 amount, the governor and the general assembly shall use the
2 32 lesser amount in the budget process for that fiscal year. As
2 33 used in this subsection, "later meeting" means only those
2 34 later meetings which are held prior to the conclusion of the
2 35 regular session of the general assembly and, if the general
3 1 assembly holds an extraordinary session prior to the
3 2 commencement of the fiscal year to which the estimate applies,
3 3 those later meetings which are held before or during the
3 4 extraordinary session.
3 5 Sec. 4. Section 8.23, subsection 1, unnumbered paragraph
3 6 1, Code 2005, is amended to read as follows:
3 7 On or before October September 1, prior to each legislative
3 8 session, all departments and establishments of the government
3 9 shall transmit to the director, on blanks to be furnished by
3 10 the director, estimates of their expenditure requirements,
3 11 including every proposed expenditure, for the ensuing fiscal
3 12 year, classified so as to distinguish between expenditures
3 13 estimated for administration, operation, and maintenance, and
3 14 the cost of each project involving the purchase of land or the
3 15 making of a public improvement or capital outlay of a
3 16 permanent character, together with supporting data and
3 17 explanations as called for by the director.
3 18 Sec. 5. Section 8.23, subsection 2, Code 2005, is amended
3 19 to read as follows:
3 20 2. On or before November October 15 all departments and
3 21 establishments of government and the judicial branch shall
3 22 transmit to the department of management and the legislative
3 23 services agency estimates of their receipts and expenditure
3 24 requirements from federal or other nonstate grants, receipts,
3 25 and funds for the ensuing fiscal year. The transmittal shall
3 26 include the names of the grantor and the grant or the source
3 27 of the funds, the estimated amount of the funds, and the
3 28 planned expenditures and use of the funds. The format of the
3 29 transmittal shall be specified by the legislative services
3 30 agency.
3 31 Sec. 6. Section 8.25, Code 2005, is amended to read as
3 32 follows:
3 33 8.25 TENTATIVE BUDGET.
3 34 Upon the receipt of the estimates of expenditure
3 35 requirements called for by section 8.23 and not later than the
4 1 following December November 1, the director of the department
4 2 of management shall cause to be prepared a tentative budget
4 3 conforming as to scope, contents, and character to the
4 4 requirements of section 8.22 and containing the estimates of
4 5 expenditures as called for by section 8.23, which. The
4 6 tentative budget shall be transmitted to the governor on or
4 7 before November 1.
4 8 Sec. 7. Section 8.35A, subsections 1 and 2, Code 2005, are
4 9 amended to read as follows:
4 10 1. By July 1, the director of the department of
4 11 management, in conjunction with the director of the department
4 12 of administrative services, shall provide a projected
4 13 expenditure breakdown of each appropriation for the beginning
4 14 fiscal year to the legislative services agency in the form and
4 15 level of detail requested by the legislative services agency.
4 16 By the fifteenth of each month, the director, in conjunction
4 17 with the director of the department of administrative
4 18 services, shall transmit to the legislative services agency a
4 19 record for each appropriation of actual expenditures for the
4 20 prior month of the fiscal year and the fiscal year to date in
4 21 the form and level of detail as requested by the legislative
4 22 services agency. By October September 1, the director, in
4 23 conjunction with the director of the department of
4 24 administrative services, shall transmit the total record of an
4 25 appropriation, including reversions and transfers for the
4 26 prior fiscal year ending June 30, to the legislative services
4 27 agency.
4 28 2. Commencing October September 1, the director shall
4 29 provide weekly budget tapes in the form and level of detail
4 30 requested by the legislative services agency reflecting
4 31 finalized agency budget requests for the following fiscal year
4 32 as submitted to the governor. The director shall transmit all
4 33 agency requests in final form to the legislative services
4 34 agency by November October 15. Final budget records
4 35 containing the governor's recommendation and final agency
5 1 requests shall be transmitted to the legislative services
5 2 agency by January 1 or no later than November 15. However, if
5 3 a gubernatorial election has been held and the governor=elect
5 4 who will hold office during the upcoming regular legislative
5 5 session is not the current holder of the office of governor,
5 6 the final budget records containing the governor's
5 7 recommendations shall be transmitted to the legislative
5 8 services agency on the date the governor's budget document is
5 9 delivered to the printer. The governor's recommendation
5 10 included on this record shall be considered confidential by
5 11 the legislative services agency until it is made public by the
5 12 governor. The legislative services agency shall use this data
5 13 in the preparation of information for the legislative
5 14 appropriation process.
5 15 Sec. 8. Section 8.54, subsection 1, paragraph b, Code
5 16 2005, is amended to read as follows:
5 17 b. "New revenues" means moneys which are received by the
5 18 state due to increased tax rates and fees or newly created
5 19 taxes and fees over and above those moneys which are received
5 20 due to state taxes and fees which are in effect as of January
5 21 1 following the December state revenue estimating conference
5 22 held by November 1 pursuant to section 8.22A. "New revenues"
5 23 also includes moneys received by the general fund of the state
5 24 due to new transfers over and above those moneys received by
5 25 the general fund of the state due to transfers which are in
5 26 effect as of January 1 following the December state revenue
5 27 estimating conference held by November 1. The department of
5 28 management shall obtain concurrence from the revenue
5 29 estimating conference on the eligibility of transfers to the
5 30 general fund of the state which are to be considered as new
5 31 revenue in determining the state general fund expenditure
5 32 limitation.
5 33 Sec. 9. Section 99G.40, subsection 4, Code 2005, is
5 34 amended to read as follows:
5 35 4. For informational purposes only, the chief executive
6 1 officer shall submit to the department of management by
6 2 October September 1 of each year a proposed operating budget
6 3 for the authority for the succeeding fiscal year. This budget
6 4 proposal shall also be accompanied by an estimate of the net
6 5 proceeds to be deposited into the general fund during the
6 6 succeeding fiscal year. This budget shall be on forms
6 7 prescribed by the department of management. A copy of the
6 8 information required to be submitted to the department of
6 9 management pursuant to this subsection shall be submitted to
6 10 the legislative government oversight committees and the
6 11 legislative services agency by October September 1 of each
6 12 year.
6 13 Sec. 10. Section 303.1A, subsection 3, Code 2005, is
6 14 amended to read as follows:
6 15 3. Prepare the departmental budget request by September
6 16 August first of each year on the forms furnished, and
6 17 including the information required by the department of
6 18 management.
6 19 Sec. 11. Section 602.1301, subsection 2, paragraph a,
6 20 unnumbered paragraph 1, Code 2005, is amended to read as
6 21 follows:
6 22 As early as possible, but not later than December November
6 23 1, the supreme court shall submit to the legislative services
6 24 agency the annual budget request and detailed supporting
6 25 information for the judicial branch. The submission shall be
6 26 designed to assist the legislative services agency in its
6 27 preparation for legislative consideration of the budget
6 28 request. The information submitted shall contain and be
6 29 arranged in a format substantially similar to the format
6 30 specified by the director of management and used by all
6 31 departments and establishments in transmitting to the director
6 32 estimates of their expenditure requirements pursuant to
6 33 section 8.23, except the estimates of expenditure requirements
6 34 shall be based upon one hundred percent of funding for the
6 35 current fiscal year accounted for by program, and using the
7 1 same line item definitions of expenditures as used for the
7 2 current fiscal year's budget request, and the remainder of the
7 3 estimate of expenditure requirements prioritized by program.
7 4 The supreme court shall also make use of the department of
7 5 management's automated budget system when submitting
7 6 information to the director of management to assist the
7 7 director in the transmittal of information as required under
7 8 section 8.35A. The supreme court shall budget and track
7 9 expenditures by the following separate organization codes:
7 10 Sec. 12. Section 602.1301, subsection 2, paragraph b, Code
7 11 2005, is amended to read as follows:
7 12 b. Before December November 1, the supreme court shall
7 13 submit to the director of management an estimate of the total
7 14 expenditure requirements of the judicial branch. The director
7 15 of management shall submit this estimate received from the
7 16 supreme court to the governor for inclusion without change in
7 17 the governor's proposed budget for the succeeding fiscal year.
7 18 The estimate shall also be submitted to the chairpersons of
7 19 the committees on appropriations.
7 20 Sec. 13. Section 602.1304, subsection 2, paragraph b, Code
7 21 Supplement 2005, is amended to read as follows:
7 22 b. For each fiscal year, a judicial collection estimate
7 23 for that fiscal year shall be equally and proportionally
7 24 divided into a quarterly amount. The judicial collection
7 25 estimate shall be calculated by using the state revenue
7 26 estimating conference estimate made by December 15 November 1
7 27 pursuant to section 8.22A, subsection 3, of the total amount
7 28 of fines, fees, civil penalties, costs, surcharges, and other
7 29 revenues collected by judicial officers and court employees
7 30 for deposit into the general fund of the state. The revenue
7 31 estimating conference estimate shall be reduced by the maximum
7 32 amounts allocated to the Iowa prison infrastructure fund
7 33 pursuant to section 602.8108A, the court technology and
7 34 modernization fund pursuant to section 602.8108, subsection 7,
7 35 the judicial branch pursuant to section 602.8108, subsection
8 1 8, and the road use tax fund pursuant to section 602.8108,
8 2 subsection 9, and the remainder shall be the judicial
8 3 collection estimate. In each quarter of a fiscal year, after
8 4 revenues collected by judicial officers and court employees
8 5 equal to that quarterly amount are deposited into the general
8 6 fund of the state, after the required amount is deposited
8 7 during the quarter into the Iowa prison infrastructure fund
8 8 pursuant to section 602.8108A and into the court technology
8 9 and modernization fund pursuant to section 602.8108,
8 10 subsection 7, and after the required amount is allocated to
8 11 the judicial branch pursuant to section 602.8108, subsection
8 12 8, the director of the department of administrative services
8 13 shall deposit the remaining revenues for that quarter into the
8 14 enhanced court collections fund in lieu of the general fund.
8 15 However, after total deposits into the collections fund for
8 16 the fiscal year are equal to the maximum deposit amount
8 17 established for the collections fund, remaining revenues for
8 18 that fiscal year shall be deposited into the general fund. If
8 19 the revenue estimating conference agrees to a different
8 20 estimate at a later meeting which projects a lesser amount of
8 21 revenue than the initial estimate amount used to calculate the
8 22 judicial collection estimate, the director of the department
8 23 of administrative services shall recalculate the judicial
8 24 collection estimate accordingly. If the revenue estimating
8 25 conference agrees to a different estimate at a later meeting
8 26 which projects a greater amount of revenue than the initial
8 27 estimate amount used to calculate the judicial collection
8 28 estimate, the director of the department of administrative
8 29 services shall recalculate the judicial collection estimate
8 30 accordingly but only to the extent that the greater amount is
8 31 due to an increase in the fines, fees, civil penalties, costs,
8 32 surcharges, or other revenues allowed by law to be collected
8 33 by judicial officers and court employees.
8 34 Sec. 14. Section 8.27, Code 2005, is repealed.
8 35 Sec. 15. APPLICABILITY DATE. This Act is first applicable
9 1 to the budget prepared during the fiscal year beginning July
9 2 1, 2006, for the fiscal year beginning July 1, 2007.
9 3 EXPLANATION
9 4 This bill revises the calendar used for development of the
9 5 state budget. Under current law in Code section 8.21, the
9 6 governor must submit the budget for the succeeding fiscal year
9 7 to the general assembly by February 1. The bill changes this
9 8 date to December 1. If an election has been held and the
9 9 governor=elect is not the current officeholder, the submission
9 10 date remains February 1. The bill revises other budget
9 11 deadlines that are affected by the changes in the governor's
9 12 submission date.
9 13 Code section 2.12 is amended to require the legislative
9 14 budget for the central legislative staff agencies to be
9 15 approved by the legislative council and transmitted to the
9 16 department of management by November 1 rather than December 1.
9 17 Code section 8.22A, relating to the revenue estimating
9 18 conference, is amended to require the conference to issue an
9 19 estimate for the succeeding fiscal year by November 1 rather
9 20 than by December 15. This estimate is required to be used by
9 21 the executive and legislative branch in the budget process and
9 22 is the basis for the initial state general fund expenditure
9 23 limitation.
9 24 Code section 8.23, relating to submission of departmental
9 25 expenditure requirements, is amended to change the submission
9 26 date for the estimates to the director of the department of
9 27 management from October 1 to September 1. In addition, the
9 28 submission date for estimates of receipts and expenditures
9 29 from federal or other nonstate sources is changed from
9 30 November 15 to October 15.
9 31 Code section 8.25, relating to the tentative budget
9 32 developed by the director of the department of management, is
9 33 amended to require the tentative budget to be submitted to the
9 34 governor by November 1 rather than December 1.
9 35 Code section 8.35A, relating to budget information required
10 1 to be given to the legislative services agency, is amended to
10 2 move the date for submission of projected expenditure
10 3 breakdowns of appropriations for the previous fiscal year and
10 4 the initial date for transmission of weekly budget tapes
10 5 reflecting finalized agency requests for the following fiscal
10 6 year from October 1 to September 1. The transmittal date for
10 7 the final agency requests is moved from November 15 to October
10 8 15. The transmittal date for final agency requests and
10 9 governor's recommendations is moved from January 1 to November
10 10 15. However, if an election has been held and the governor=
10 11 elect is not the current officeholder, that transmittal date
10 12 for the governor's recommendations is the date the governor's
10 13 budget goes to the printer.
10 14 Code section 8.54, relating to the state general fund
10 15 expenditure limitation, is amended to change references to the
10 16 date of the revenue estimating conference estimate used to
10 17 calculate the limitation.
10 18 Code section 99G.40, relating to audits and reports for the
10 19 lottery fund, is amended to move the date the lottery
10 20 authority is required to submit a budget for informational
10 21 purposes from October 1 to September 1.
10 22 Code section 303.1A, relating to the duties of the director
10 23 of cultural affairs, is amended to require the director to
10 24 prepare the department's budget request by August 1 rather
10 25 than September 1.
10 26 Code section 602.1301, relating to budget and fiscal
10 27 procedures for the judicial branch, is amended to require the
10 28 submission of the branch's budget by November 1 rather than
10 29 December 1.
10 30 Code section 602.1304, relating to the enhanced court
10 31 collections fund and estimating of court collections, is
10 32 amended to revise an internal reference to a revenue
10 33 estimating conference meeting.
10 34 Code section 8.27, directing the governor to proceed to
10 35 formulation of the budget following the governor's
11 1 inauguration, is repealed. The bill first applies to the
11 2 budget prepared in the fiscal year beginning July 1, 2006, for
11 3 the fiscal year beginning July 1, 2007.
11 4 LSB 5553YH 81
11 5 jp:nh/gg/14