Senate File 2408 - Introduced SENATE FILE 2408 BY WHITVER (COMPANION TO LSB 6401YH BY WINDSCHITL) A BILL FOR An Act relating to state and local finances by making and 1 supplementing appropriations, providing for legal and 2 regulatory responsibilities, providing for other properly 3 related matters, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6401XS (6) 88 ns/rn
S.F. 2408 DIVISION I 1 SUPPLEMENTAL APPROPRIATIONS 2 Section 1. DEPARTMENT OF HUMAN SERVICES —— FY 2019-2020. 3 1. There is appropriated from the general fund of the 4 state to the department of human services for the fiscal year 5 beginning July 1, 2019, and ending June 30, 2020, the following 6 amounts, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 a. To supplement the appropriation made for medical 9 assistance program reimbursement and associated costs in 2019 10 Iowa Acts, chapter 85, section 13, unnumbered paragraph 2: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 88,982,734 12 b. To supplement the appropriation made for maintenance of 13 the healthy and well kids in Iowa (hawk-i) program pursuant 14 to chapter 514I in 2019 Iowa Acts, chapter 85, section 16, 15 subsection 1: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,737,294 17 c. To supplement the appropriations made for the state 18 resource center at Glenwood for salaries, support, maintenance, 19 and miscellaneous purposes in 2019 Iowa Acts, chapter 85, 20 section 25, subsection 1, paragraph “a”, and 2020 Iowa Acts, 21 Senate File 2144, section 1: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,608 23 2. Notwithstanding section 8.33, moneys appropriated in 24 this section that remain unencumbered or unobligated at the 25 close of the fiscal year shall not revert but shall remain 26 available for expenditure for the purposes designated until the 27 close of the succeeding fiscal year. 28 Sec. 2. STATE BOARD OF REGENTS —— FY 2019-2020. 29 1. There is appropriated from the general fund of the state 30 to the state board of regents for the fiscal year beginning 31 July 1, 2019, and ending June 30, 2020, the following amount, 32 or so much thereof as is necessary, to be used for the purposes 33 designated: 34 To supplement the appropriation made for the state hygienic 35 -1- LSB 6401XS (6) 88 ns/rn 1/ 10
S.F. 2408 laboratory of the state university of Iowa, including salaries, 1 support, maintenance, and miscellaneous purposes, in 2019 Iowa 2 Acts, chapter 135, section 9, subsection 2, paragraph “c”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 525,578 4 2. Notwithstanding section 8.33, moneys appropriated in 5 this section that remain unencumbered or unobligated at the 6 close of the fiscal year shall not revert but shall remain 7 available for expenditure for the purposes designated until the 8 close of the succeeding fiscal year. 9 Sec. 3. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 DIVISION II 12 STANDING APPROPRIATIONS AND RELATED MATTERS 13 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 14 2020-2021. Notwithstanding the standing appropriation in the 15 following designated section for the fiscal year beginning July 16 1, 2020, and ending June 30, 2021, the amount appropriated from 17 the general fund of the state pursuant to that section for the 18 following designated purpose shall not exceed the following 19 amount: 20 For payment of claims for nonpublic school pupil 21 transportation under section 285.2: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 23 If total approved claims for reimbursement for nonpublic 24 school pupil transportation exceed the amount appropriated in 25 accordance with this section, the department of education shall 26 prorate the amount of each approved claim. 27 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID —— FY 2020-2021. In 28 lieu of the appropriation provided in section 257.20, 29 subsection 2, the appropriation for the fiscal year 30 beginning July 1, 2020, and ending June 30, 2021, for paying 31 instructional support state aid under section 257.20 for such 32 fiscal year is zero. 33 Sec. 6. Section 257.35, Code 2020, is amended by adding the 34 following new subsection: 35 -2- LSB 6401XS (6) 88 ns/rn 2/ 10
S.F. 2408 NEW SUBSECTION . 14A. Notwithstanding subsection 1, and in 1 addition to the reduction applicable pursuant to subsection 2 2, the state aid for area education agencies and the portion 3 of the combined district cost calculated for these agencies 4 for the fiscal year beginning July 1, 2020, and ending June 5 30, 2021, shall be reduced by the department of management by 6 fifteen million dollars. The reduction for each area education 7 agency shall be prorated based on the reduction that the agency 8 received in the fiscal year beginning July 1, 2003. 9 DIVISION III 10 CONTINUING APPROPRIATIONS 11 Sec. 7. CONTINUING APPROPRIATIONS —— FY 2020-2021. 12 1. APPROPRIATIONS DETERMINED FROM 2019-2020 LINE ITEM AND 13 LIMITED STANDING APPROPRIATIONS. 14 a. For all line item appropriations, standing limited 15 appropriations, and standing unlimited appropriations otherwise 16 limited by law, including appropriations from federal and 17 nonstate funds, the department of management, in consultation 18 with the legislative services agency, shall determine the 19 amount of such line item appropriations, standing limited 20 appropriations, and standing unlimited appropriations otherwise 21 limited by law, including appropriations from federal and 22 nonstate funds, made for the fiscal year beginning July 1, 23 2019, and ending June 30, 2020, by taking into consideration 24 all of the following: 25 (1) 2020 Iowa Acts, Senate File 2144, and other 2020 Iowa 26 Acts. 27 (2) 2019 Iowa Acts. 28 (3) All interdepartmental and intradepartmental transfers 29 made pursuant to section 8.39 and other provisions of law. 30 (4) Other provisions of law. 31 b. The department of management, in consultation with the 32 legislative services agency, shall also identify the entities 33 to which such appropriations were made, or the entities’ 34 successors. 35 -3- LSB 6401XS (6) 88 ns/rn 3/ 10
S.F. 2408 2. CONTINUING APPROPRIATIONS. There is appropriated 1 from the appropriate state fund or account to the entities 2 identified pursuant to subsection 1, for the period beginning 3 July 1, 2020, and ending August 31, 2020, amounts, or so 4 much thereof as is necessary, equal to two-twelfths of the 5 amounts of all line item appropriations, standing limited 6 appropriations, and standing unlimited appropriations otherwise 7 limited by law, including federal and nonstate funds, made for 8 the fiscal year beginning July 1, 2019, and ending June 30, 9 2020, as determined pursuant to subsection 1. 10 3. DUPLICATIVE STANDING APPROPRIATIONS TEMPORARILY 11 SUPPLANTED. The amounts appropriated under subsection 2 shall 12 supplant, for only the period beginning July 1, 2020, and 13 ending August 31, 2020, any duplicative standing appropriation 14 for the fiscal year beginning July 1, 2020, and ending June 30, 15 2021. 16 4. CONTINUING APPROPRIATION CONSIDERED ALLOTMENT OF FULL 17 YEAR APPROPRIATION. Upon the governor’s approval of any 18 enrolled bill, as passed by both the senate and the house 19 of representatives during the 2020 regular session of the 20 eighty-eighth general assembly, containing the same line item 21 or limited standing appropriation for the fiscal year beginning 22 July 1, 2020, and ending June 30, 2021, as made in the 23 two-twelfths appropriation under subsection 2, the two-twelfths 24 appropriation amount shall be considered an allotment of the 25 line item appropriation or limited standing appropriation for 26 the full fiscal year beginning July 1, 2020, and ending June 27 30, 2021. 28 5. EXCLUSIONS. This section does not apply to any of the 29 following: 30 a. Appropriations made from the rebuild Iowa infrastructure 31 fund and the technology reinvestment fund pursuant to 2019 Iowa 32 Acts, chapter 137. 33 b. Appropriations made to the department of transportation 34 from the road use tax fund for capital costs associated with 35 -4- LSB 6401XS (6) 88 ns/rn 4/ 10
S.F. 2408 placing a driver and identification services center in Dallas 1 county pursuant to 2019 Iowa Acts, chapter 52, section 3, 2 subsection 13, and from the primary road fund for replacement 3 of the Sioux City combined facility pursuant to 2019 Iowa Acts, 4 chapter 52, section 4, subsection 16. 5 c. The appropriation made to the department of 6 administrative services from the general fund of the state for 7 establishing a listing of real property owned or leased by 8 the state pursuant to 2019 Iowa Acts, chapter 136, section 1, 9 subsection 1, paragraph “d”. 10 d. The appropriation made to the department of management 11 from the general fund of the state for distribution of 12 moneys to other governmental entities for the payment of rate 13 adjustments established by the office of the chief information 14 officer pursuant to 2019 Iowa Acts, chapter 136, section 16, 15 subsection 2, paragraph “a”. 16 e. The appropriation made to the department of agriculture 17 and land stewardship from the general fund of the state for 18 deposit in the hungry canyons account of the loess hills 19 development and conservation fund pursuant to 2019 Iowa Acts, 20 chapter 131, section 9, subsection 1. 21 f. The appropriation made to the department of cultural 22 affairs from the general fund of the state for payment of 23 rent for the state records center pursuant to 2019 Iowa Acts, 24 chapter 154, section 1, subsection 1, paragraph “g”. 25 g. The appropriation made to the Iowa law enforcement 26 academy from the general fund of the state for costs associated 27 with temporary relocation of the Iowa law enforcement academy 28 pursuant to 2019 Iowa Acts, chapter 163, section 10, subsection 29 1, paragraph “a”, subparagraph (2). 30 h. The appropriation made to the department of public safety 31 from the general fund of the state for costs associated with 32 the training and equipment needs of volunteer fire fighters 33 pursuant to 2019 Iowa Acts, chapter 163, section 15, subsection 34 8. 35 -5- LSB 6401XS (6) 88 ns/rn 5/ 10
S.F. 2408 i. The appropriation made to the department of homeland 1 security and emergency management from the general fund of the 2 state for flood recovery pursuant to 2020 Iowa Acts, Senate 3 File 2144, section 3. 4 Sec. 8. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 DIVISION IV 7 INTERDEPARTMENTAL AND INTRADEPARTMENTAL TRANSFERS 8 Sec. 9. APPLICABILITY OF LIMITATIONS AND REQUIREMENTS. All 9 of the following do not apply to transfers made by the director 10 of the department of management pursuant to section 8.39 for 11 the fiscal year beginning July 1, 2019, and ending June 30, 12 2020, and for the period beginning July 1, 2020, and ending 13 August 31, 2020: 14 1. The limitations on the amount of an interdepartmental 15 transfer and the sum of interdepartmental transfers under 16 section 8.39, subsection 2. 17 2. The limitations on the aggregate amount of 18 intradepartmental and interdepartmental transfers under section 19 8.39, subsection 3. 20 3. The requirement under section 8.39, subsection 4, 21 that the director of the department of management give the 22 chairpersons of the standing committees on budget of the senate 23 and the house of representatives, and the chairpersons of 24 subcommittees of such committees, at least two weeks to review 25 and comment on a proposed transfer before the transfer is 26 made. This subsection shall not be construed to relieve the 27 director of the department of management of the director’s duty 28 to notify such chairpersons of a proposed transfer before the 29 transfer is made. 30 Sec. 10. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 DIVISION V 33 IOWA ECONOMIC EMERGENCY FUND 34 Sec. 11. DEPARTMENT OF MANAGEMENT —— APPROPRIATION. 35 -6- LSB 6401XS (6) 88 ns/rn 6/ 10
S.F. 2408 1. Notwithstanding section 8.55, subsection 3, there is 1 appropriated from the Iowa economic emergency fund to the 2 department of management for the period beginning on the 3 effective date of this division of this Act, and ending August 4 31, 2020, an amount not to exceed ten percent of the balance 5 of the Iowa economic emergency fund at the close of the fiscal 6 year beginning July 1, 2019, and ending June 30, 2020, or so 7 much thereof as is necessary, to be used for purposes approved 8 by the governor. 9 2. Notwithstanding section 8.55, subsection 3, in the event 10 the amount appropriated under subsection 1 is insufficient, 11 there is appropriated from the Iowa economic emergency fund to 12 the department of management for the period beginning on the 13 effective date of this division of this Act, and ending August 14 31, 2020, an amount not to exceed the maximum balance of the 15 Iowa economic emergency fund under section 8.55, subsection 2, 16 or so much thereof as is necessary, to be used for purposes 17 approved by the governor and the legislative council. 18 3. This section is repealed on the date the 2020 regular 19 session of the eighty-eighth general assembly reconvenes after 20 the effective date of this division of this Act, or August 31, 21 2020, whichever occurs earlier. 22 Sec. 12. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 DIVISION VI 25 INSTRUCTIONAL TIME WAIVERS FOR SCHOOLS 26 Sec. 13. INSTRUCTIONAL TIME WAIVERS FOR SCHOOL DISTRICTS 27 AND ACCREDITED NONPUBLIC SCHOOLS —— COVID-19. 28 1. Notwithstanding any other provision of law to the 29 contrary, if a school district or accredited nonpublic school 30 is closed or closes on or before April 12, 2020, in order to 31 prevent or contain the spread of COVID-19, the instructional 32 time requirements of section 279.10, subsection 1, and the 33 minimum school day requirements of section 256.7, subsection 34 19, are waived for the affected school district or accredited 35 -7- LSB 6401XS (6) 88 ns/rn 7/ 10
S.F. 2408 nonpublic school for such a closure. 1 2. The governor, by appropriate executive order, may 2 waive the instructional time requirements of section 279.10, 3 subsection 1, and the minimum school day requirements of 4 section 256.7, subsection 19, for a school district or 5 accredited nonpublic school that is closed or closes after 6 April 12, 2020, in order to prevent or contain the spread of 7 COVID-19. 8 3. This section is repealed July 1, 2020. 9 Sec. 14. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to state and local finances by making 15 and supplementing appropriations, providing for legal and 16 regulatory responsibilities, and providing for other properly 17 related matters. 18 DIVISION I —— SUPPLEMENTAL APPROPRIATIONS. The bill 19 appropriates moneys from the general fund for FY 2019-2020 20 to the department of human services for medical assistance 21 program reimbursement and associated costs, the children’s 22 health insurance program, and the state resource center at 23 Glenwood, and to the state board of regents for the state 24 hygienic laboratory. This division of the bill takes effect 25 upon enactment. 26 DIVISION II —— STANDING APPROPRIATIONS AND RELATED MATTERS. 27 The bill limits standing appropriations for FY 2020-2021 for 28 payment of claims for nonpublic school pupil transportation, 29 instructional support state aid, and state aid for area 30 education agencies. 31 DIVISION III —— CONTINUING APPROPRIATIONS. The bill 32 requires the department of management, in consultation with 33 the legislative services agency, to determine the amount of 34 line item appropriations, standing limited appropriations, 35 -8- LSB 6401XS (6) 88 ns/rn 8/ 10
S.F. 2408 and standing unlimited appropriations otherwise limited by 1 law, including appropriations from federal and nonstate funds, 2 made for FY 2019-2020, and identify the entities to which such 3 appropriations were made. The bill appropriates two-twelfths 4 of the determined amounts to the identified entities for the 5 period beginning July 1, 2020, and ending August 31, 2020. 6 This division of the bill does not apply to certain capital 7 appropriations and one-time appropriations as set forth in the 8 bill. This division of the bill takes effect upon enactment. 9 DIVISION IV —— INTERDEPARTMENTAL AND INTRADEPARTMENTAL 10 TRANSFERS. The bill provides that certain limitations on 11 amounts, and certain notice and comment requirements, for 12 intradepartmental and interdepartmental transfers made by the 13 director of the department of management pursuant to Code 14 section 8.39 do not apply to transfers made for FY 2019-2020 15 and from July 1, 2020, to August 31, 2020. This division of the 16 bill takes effect upon enactment. 17 DIVISION V —— IOWA ECONOMIC EMERGENCY FUND. The bill 18 appropriates from the Iowa economic emergency fund to the 19 department of management for the period beginning on the 20 effective date of this division of the bill, and ending August 21 31, 2020, an amount not to exceed 10 percent of the balance of 22 the Iowa economic emergency fund at the close of the fiscal 23 year beginning July 1, 2019, and ending June 30, 2020, or so 24 much thereof as is necessary, to be used for purposes approved 25 by the governor. 26 In the event the amount appropriated is insufficient, 27 the bill appropriates from the Iowa economic emergency fund 28 to the department of management for the period beginning on 29 the effective date of this division of the bill, and ending 30 August 31, 2020, an amount not to exceed the maximum balance 31 of the Iowa economic emergency fund, or so much thereof as is 32 necessary, to be used for purposes approved by the governor and 33 the legislative council. 34 This provision of the bill is repealed on the date the 2020 35 -9- LSB 6401XS (6) 88 ns/rn 9/ 10
S.F. 2408 regular session of the 88th general assembly reconvenes after 1 the effective date of this division of the bill, or August 31, 2 2020, whichever occurs earlier. This division of the bill 3 takes effect upon enactment. 4 DIVISION VI —— INSTRUCTIONAL TIME WAIVERS FOR SCHOOLS. The 5 bill waives the instructional time requirements for school 6 districts and accredited nonpublic schools that are closed 7 or close on or before April 12, 2020, in order to prevent 8 or contain the spread of COVID-19. The bill authorizes the 9 governor to waive such requirements for school districts or 10 accredited nonpublic schools that are closed or close after 11 April 12, 2020, for such purposes. This provision is repealed 12 July 1, 2020. This division of the bill takes effect upon 13 enactment. 14 -10- LSB 6401XS (6) 88 ns/rn 10/ 10