House Study Bill 255 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON SODERBERG) A BILL FOR An Act relating to and making appropriations for a period of 1 short duration beginning July 1, 2015, providing for related 2 legal and other matters, and including effective date and 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2687YC (1) 86 rj/rj
H.F. _____ Section 1. FISCAL YEAR 2015-2016 TEMPORARY APPROPRIATIONS. 1 1. APPROPRIATIONS DETERMINED FROM ENROLLED BILLS. The 2 department of management, in consultation with the legislative 3 services agency, shall determine the amount of all line 4 item appropriations, standing limited appropriations, and 5 standing unlimited appropriations otherwise limited by law, 6 including appropriations from federal and nonstate funds, made 7 for the fiscal year beginning July 1, 2015, and ending June 8 30, 2016, by bills passed by both the senate and the house 9 of representatives during the 2015 Regular Session of the 10 Eighty-sixth General Assembly and enrolled for presentation 11 to the governor, as affected by any applicable provision of 12 law. The department of management, in consultation with the 13 legislative services agency, shall also identify the entities 14 to which such appropriations are so made. 15 2. TEMPORARY APPROPRIATIONS. There is appropriated 16 from the appropriate state fund or account to the entities 17 identified pursuant to subsection 1, for the period beginning 18 July 1, 2015, and ending July 31, 2015, amounts, or so much 19 thereof as is necessary, equal to one-twelfth of the amounts of 20 all line item appropriations, standing limited appropriations, 21 and standing unlimited appropriations otherwise limited by law, 22 including federal and nonstate funds, made for the fiscal year 23 beginning July 1, 2015, and ending June 30, 2016, as determined 24 pursuant to subsection 1. 25 3. CARRYFORWARDS TEMPORARILY SUPPLANTED. The amounts 26 appropriated under subsection 2 shall supplant, for only the 27 period beginning July 1, 2015, and ending July 31, 2015, any 28 appropriations carried forward from any previous fiscal year 29 into the fiscal year beginning July 1, 2015, and ending June 30 30, 2016. 31 4. TEMPORARY APPROPRIATIONS CONSIDERED ALLOTMENTS OF 32 FULL-YEAR APPROPRIATION. Upon the governor’s approval of any 33 enrolled bill, as passed by both the senate and the house 34 of representatives during the 2015 Regular Session of the 35 -1- LSB 2687YC (1) 86 rj/rj 1/ 6
H.F. _____ Eighty-sixth General Assembly, containing the same line item 1 appropriations or limited standing appropriations for the 2 fiscal year beginning July 1, 2015, and ending June 30, 2016, 3 as made in the temporary appropriations under subsection 2, the 4 amounts of the temporary appropriations shall be considered 5 allotments of the line item appropriations or limited standing 6 appropriations for the full fiscal year beginning July 1, 2015, 7 and ending June 30, 2016. 8 Sec. 2. FISCAL YEAR 2015-2016 CONTINUING APPROPRIATIONS. 9 1. APPROPRIATIONS DETERMINED FROM 2014-2015 LINE ITEM AND 10 LIMITED STANDING APPROPRIATIONS. 11 a. For all line item appropriations, standing limited 12 appropriations, and standing unlimited appropriations otherwise 13 limited by law, including appropriations from federal and 14 nonstate funds, not included in bills passed by both the senate 15 and the house of representatives during the 2015 Regular 16 Session of the Eighty-sixth General Assembly and enrolled for 17 presentation to the governor, the department of management, 18 in consultation with the legislative services agency, shall 19 determine the amount of such line item appropriations, standing 20 limited appropriations, and standing unlimited appropriations 21 otherwise limited by law, including appropriations from federal 22 and nonstate funds, made for the fiscal year beginning July 1, 23 2014, and ending June 30, 2015, by taking into consideration 24 all interdepartmental and intradepartmental transfers made 25 pursuant to section 8.39 and other provisions of law. 26 b. The department of management, in consultation with the 27 legislative services agency, shall also identify the entities 28 to which such appropriations were so made, or the entities’ 29 successors. 30 2. CONTINUING APPROPRIATIONS. There is appropriated 31 from the appropriate state fund or account to the entities 32 identified pursuant to subsection 1, for the period beginning 33 July 1, 2015, and ending July 31, 2015, amounts, or so much 34 thereof as is necessary, equal to one-twelfth of the amounts of 35 -2- LSB 2687YC (1) 86 rj/rj 2/ 6
H.F. _____ all line item appropriations, standing limited appropriations, 1 and standing unlimited appropriations otherwise limited by law, 2 including federal and nonstate funds, made for the fiscal year 3 beginning July 1, 2014, and ending June 30, 2015, as determined 4 pursuant to subsection 1. 5 3. DUPLICATIVE STANDING APPROPRIATIONS TEMPORARILY 6 SUPPLANTED. The amounts appropriated under subsection 2 shall 7 supplant, for only the period beginning July 1, 2015, and 8 ending July 31, 2015, any duplicative standing appropriation 9 for the fiscal year beginning July 1, 2015, and ending June 30, 10 2016. 11 4. CARRYFORWARDS TEMPORARILY SUPPLANTED. The amounts 12 appropriated under subsection 2 shall supplant, for only the 13 period beginning July 1, 2015, and ending July 31, 2015, any 14 appropriations carried forward from any previous fiscal year 15 into the fiscal year beginning July 1, 2015, and ending June 16 30, 2016. 17 5. CONTINUING APPROPRIATIONS CONSIDERED ALLOTMENTS OF 18 FULL-YEAR APPROPRIATION. Upon the governor’s approval of 19 any enrolled bill, as passed by both the senate and the 20 house of representatives during the 2015 Regular Session of 21 the Eighty-sixth General Assembly, containing the same line 22 items or limited standing appropriations for the fiscal year 23 beginning July 1, 2015, and ending June 30, 2016, as made 24 in the continuing appropriations under subsection 2, the 25 amounts of the continuing appropriations shall be considered 26 allotments of the line item appropriations or limited standing 27 appropriations for the full fiscal year beginning July 1, 2015, 28 and ending June 30, 2016. 29 6. CAPITAL PROJECTS EXCLUDED. This section of this Act does 30 not apply to appropriations for capital projects. 31 Sec. 3. Section 163.15, subsection 1, Code 2015, is amended 32 to read as follows: 33 1. If the secretary of agriculture determines that 34 the outbreak of an the infectious or contagious disease 35 -3- LSB 2687YC (1) 86 rj/rj 3/ 6
H.F. _____ tuberculosis among an animal population constitutes a threat 1 to the general welfare or the public health of the inhabitants 2 of this state, the secretary shall formulate a program of 3 eradication which shall include the condemnation and destroying 4 of the animals exposed to or afflicted with the disease 5 tuberculosis . The program of eradication shall provide for the 6 indemnification of owners of the livestock under this section , 7 if there are no other sources of indemnification. The program 8 shall not be effective until the program has been approved by 9 the executive council. 10 Sec. 4. Section 163.15, subsection 2, unnumbered paragraph 11 1, Code 2015, is amended to read as follows: 12 If an animal afflicted with an the infectious or contagious 13 disease tuberculosis is destroyed under a program of 14 eradication as provided in this section , the owner shall be 15 compensated according to one of the following methods: 16 Sec. 5. Section 163.15, subsection 2, paragraph b, 17 unnumbered paragraph 1, Code 2015, is amended to read as 18 follows: 19 A formula established by rule adopted by the department that 20 is effective as determined by the department in accordance 21 with chapter 17A and applicable upon approval of the program 22 of eradication by the executive council. The formula shall 23 be applicable to indemnify owners if the executive council, 24 upon recommendation by the secretary of agriculture, determines 25 that an animal population in this state is threatened with 26 infection from an exceptionally contagious form of the disease 27 tuberculosis . 28 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 29 immediate importance, takes effect upon enactment. 30 Sec. 7. RETROACTIVE APPLICABILITY —— CONDITIONAL. This 31 Act, if approved by the governor on or after July 1, 2015, 32 applies retroactively to July 1, 2015. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 2687YC (1) 86 rj/rj 4/ 6
H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill appropriates moneys for the period beginning July 2 1, 2015, and ending July 31, 2015, to entities identified as in 3 receipt of appropriations for the 2014-2015 or 2015-2016 fiscal 4 year, and provides for other related legal matters. 5 The temporary appropriations made in the bill are equal to 6 one-twelfth of the amounts of all line item appropriations, 7 standing limited appropriations, and standing unlimited 8 appropriations otherwise limited by law, including federal 9 and nonstate funds, made by enrolled bills for the 2015-2016 10 fiscal year. The temporary appropriations are required to be 11 determined by the department of management, in consultation 12 with the legislative services agency, from the annual 13 appropriations made for the 2015-2016 fiscal year, by bills 14 passed by both the senate and the house of representatives 15 during the 2015 regular legislative session and enrolled for 16 presentation to the governor. 17 For all line item appropriations, standing limited 18 appropriations, and standing unlimited appropriations otherwise 19 limited by law, including appropriations from federal and 20 nonstate funds, not included in bills passed by both the senate 21 and the house of representatives during the 2015 regular 22 legislative session, the continuing appropriations made in 23 the bill are equal to one-twelfth of the amounts of all line 24 item appropriations, standing limited appropriations, and 25 standing unlimited appropriations otherwise limited by law, 26 including federal and nonstate funds, made for the 2014-2015 27 fiscal year, by taking into consideration all provisions of law 28 affecting such appropriations, including interdepartmental and 29 intradepartmental transfers. 30 Both the temporary and continuing appropriations temporarily 31 supplant any appropriations carried forward from previous 32 fiscal years. The continuing appropriations also temporarily 33 supplant any duplicative standing appropriation for the 34 2015-2016 fiscal year. 35 -5- LSB 2687YC (1) 86 rj/rj 5/ 6
H.F. _____ Both the temporary and continuing appropriations become 1 allotments of the full-year appropriation amounts upon the 2 governor’s approval of the enrolled bills containing the same 3 line item appropriations or limited standing appropriations. 4 The bill provides that the indemnification of owners of 5 certain livestock under Code section 163.15 only applies to an 6 outbreak of the infectious disease tuberculosis. 7 The bill takes effect upon enactment. If the governor 8 signs the bill on or after July 1, 2015, the bill applies 9 retroactively to July 1, 2015. 10 -6- LSB 2687YC (1) 86 rj/rj 6/ 6