House File 248 - Introduced HOUSE FILE 248 BY HEIN , KLEIN , KAUFMANN , GRASSLEY , WILLS , COWNIE , MAXWELL , PAUSTIAN , DRAKE , DEYOE , LANDON , and HAGENOW A BILL FOR An Act appropriating moneys for the state budget contingent on 1 the failure to include such appropriations in bills passed 2 by the general assembly by certain dates. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1867YH (5) 86 tm/rj
H.F. 248 Section 1. NEW SECTION . 8.48 State budget —— contingent 1 appropriation. 2 1. If a line item appropriation, standing limited 3 appropriation, or standing unlimited appropriation otherwise 4 limited by law, including an appropriation from federal 5 and nonstate moneys, for the following fiscal year, is not 6 included in a bill passed by both the senate and the house of 7 representatives by the end of the one hundred tenth calendar 8 day of the first regular session of a general assembly or by 9 the end of the one hundredth calendar day of the second regular 10 session of a general assembly, and if such an appropriation 11 was made for the fiscal year in which the first or second 12 regular session falls, there is appropriated for the following 13 fiscal year, from the appropriate state fund or account, 14 to the appropriate entity, an amount or so much thereof as 15 is necessary, equal to the amount determined pursuant to 16 subsection 2. 17 2. If an appropriation is not included in a bill as provided 18 in subsection 1, the department of management, in consultation 19 with the legislative services agency, shall determine the 20 amount of such line item appropriation, standing limited 21 appropriation, or standing unlimited appropriation otherwise 22 limited by law, including an appropriation from federal and 23 nonstate moneys, for the fiscal year in which the appropriation 24 was last made. In making such an appropriation amount 25 determination, the department shall also identify the fund or 26 account from which the appropriation was made and the identity 27 of the entity to which such appropriation was so made, or the 28 entity’s successor. 29 3. In making an appropriation amount determination pursuant 30 to subsection 2, the department of management, in consultation 31 with the legislative services agency, shall consider all of the 32 following, as applicable: 33 a. The general fund expenditure limitations provided in 34 section 8.54. 35 -1- LSB 1867YH (5) 86 tm/rj 1/ 3
H.F. 248 (1) For fiscal years in which it is anticipated that the 1 distribution of moneys from the Iowa economic emergency fund 2 in accordance with section 8.55, subsection 2 , will result in 3 moneys being transferred to the general fund, the original 4 state general fund expenditure limitation amount provided for 5 in section 8.54, subsection 3 , shall not be readjusted to 6 include the amount of moneys anticipated to be so transferred. 7 (2) If, in making appropriation amount determinations, 8 it is determined that such appropriations would exceed 9 the state general fund expenditure limitation amount, the 10 department of management, in consultation with the legislative 11 services agency, shall reduce the appropriation amounts 12 in a uniform and prorated manner between all departments, 13 agencies, and establishments upon the basis of their respective 14 appropriations and the governor shall make reductions in 15 allotments at the same rate and in the manner provided in 16 section 8.31 for any general fund appropriations not included 17 in the appropriation amount determinations made under this 18 subsection. 19 b. Any reductions in the allotments of appropriations. 20 4. This section does not apply to appropriations for capital 21 projects. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill appropriates moneys for the state budget 26 contingent on the failure to include certain appropriations in 27 bills passed by the general assembly by certain dates. 28 The bill provides that if a line item appropriation, 29 standing limited appropriation, or standing unlimited 30 appropriation otherwise limited by law, including an 31 appropriation from federal and nonstate moneys, for the 32 following fiscal year is not included in a bill passed by 33 both the senate and the house of representatives by the end 34 of the 110th calendar day of the first regular session of a 35 -2- LSB 1867YH (5) 86 tm/rj 2/ 3
H.F. 248 general assembly or by the end of the 100th calendar day of 1 the second regular session of a general assembly, and if such 2 appropriation is made for the fiscal year in which the first 3 or second regular session falls, there is appropriated for 4 the following fiscal year, from the appropriate state fund or 5 account, to the appropriate entity, an amount determined as 6 provided in the bill. 7 The appropriation amount is determined by the department 8 of management, in consultation with the legislative services 9 agency, and equals the amount of such appropriation for the 10 fiscal year in which the appropriation was last made. In 11 making such determinations, the department, in consultation 12 with the legislative services agency, shall consider the 13 general fund expenditure limitations and any across-the-board 14 budget reductions. 15 In considering the general fund expenditure limitation, the 16 bill prohibits the inclusion of any anticipated general fund 17 surplus, attributable to a transfer of excess moneys in the 18 Iowa economic emergency fund to the general fund, from the 19 calculation of the general fund expenditure limitation amount. 20 The bill provides that if, in making appropriation amount 21 determinations, it is determined that such appropriations would 22 exceed the general fund expenditure limitation amount, the 23 department of management, in consultation with the legislative 24 services agency, shall reduce the appropriation amounts 25 in a uniform and prorated manner between all departments, 26 agencies, and establishments upon the basis of their respective 27 appropriations and the governor shall make reductions in 28 allotments at the same rate and in the manner provided in 29 Code section 8.31 for any general fund appropriations not 30 included in the appropriation amount determinations made by the 31 department of management. 32 -3- LSB 1867YH (5) 86 tm/rj 3/ 3