Senate File 2461 - Introduced SENATE FILE 2461 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 2388) (SUCCESSOR TO SSB 3176) A BILL FOR An Act establishing continuing appropriations in fiscal years 1 for which annual appropriations have not been enacted. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6915SZ (3) 91 ns/jh

S.F. 2461 Section 1. NEW SECTION . 2.12C Continuing appropriations. 1 1. Annual appropriations not enacted. 2 a. (1) This section applies to any fiscal year for 3 which one or more line item appropriations, standing limited 4 appropriations, or standing unlimited appropriations otherwise 5 limited by law for the immediately preceding fiscal year have 6 not been enacted in an identical provision for the fiscal year 7 to which this section applies on or before July 1 of the fiscal 8 year. 9 (2) If, on or after July 1 of the fiscal year, a line item 10 appropriation, standing limited appropriation, or standing 11 unlimited appropriation otherwise limited by law for the 12 immediately preceding fiscal year is enacted in an identical 13 provision for the fiscal year to which this section applies, 14 this section shall cease to apply for purposes of that 15 appropriation. The amount of moneys already expended under 16 subsection 3 for the appropriation shall supplant a like amount 17 under the appropriation enacted for the fiscal year. 18 (3) For purposes of this paragraph, an appropriation 19 for the immediately preceding fiscal year is identical to an 20 appropriation enacted for the fiscal year to which this section 21 applies if there are no differences between the two provisions 22 other than reference to the fiscal year, references to the 23 legislation’s subunit hierarchy, or differences in amounts 24 for the appropriation, allocations, or full-time equivalent 25 positions. 26 b. For purposes of this subsection, “enacted” means the bill 27 or joint resolution that includes the appropriation has been 28 passed by the general assembly, presented to the governor, and 29 one of the following occurs under Article III, section 16, of 30 the Constitution of the State of Iowa: 31 (1) The governor signs the bill or joint resolution without 32 disapproving the appropriations item. 33 (2) The bill or joint resolution becomes law as described 34 in section 3.5. 35 -1- LSB 6915SZ (3) 91 ns/jh 1/ 6

S.F. 2461 (3) The bill or joint resolution becomes law 1 notwithstanding the governor’s objections by a majority of two 2 thirds of the members of each chamber of the general assembly. 3 2. Prior fiscal year appropriations determined. 4 a. For all line item appropriations, standing limited 5 appropriations, and standing unlimited appropriations otherwise 6 limited by law, including appropriations from federal and 7 nonstate funds, the department of management, in consultation 8 with the legislative services agency, shall determine the 9 amount of such line item appropriations, standing limited 10 appropriations, and standing unlimited appropriations otherwise 11 limited by law, including appropriations from federal and 12 nonstate funds, made for the immediately preceding fiscal year 13 by taking into consideration all of the following: 14 (1) All Acts appropriating moneys for that immediately 15 preceding fiscal year. 16 (2) All interdepartmental and intradepartmental transfers 17 made pursuant to section 8.39 and other provisions of law for 18 that immediately preceding fiscal year. 19 (3) Other relevant provisions of law. 20 b. The department of management, in consultation with the 21 legislative services agency, shall also identify the entities 22 to which such appropriations were made, or the entities’ 23 successors. 24 3. Continuing appropriation. There is appropriated from the 25 appropriate state fund or account to the entities identified 26 pursuant to subsection 2, for the fiscal year to which this 27 section applies, amounts, or so much thereof as is necessary, 28 equal to the amounts of all line item appropriations, standing 29 limited appropriations, and standing unlimited appropriations 30 otherwise limited by law, including federal and nonstate funds, 31 made for the immediately preceding fiscal year, as determined 32 pursuant to subsection 2. 33 4. Duplicative standing appropriations supplanted. The 34 amounts appropriated under subsection 3 shall supplant any 35 -2- LSB 6915SZ (3) 91 ns/jh 2/ 6

S.F. 2461 duplicative standing appropriation for the fiscal year to which 1 this section applies. 2 5. Miscellaneous provisions applicable. Powers, duties, 3 limitations, or requirements, including reporting requirements, 4 set forth for appropriations applicable to the immediately 5 preceding fiscal year are applicable for the fiscal year to 6 which this section applies, and any specified date contained 7 therein shall apply one year later than specified. 8 6. Allocation amounts. For any line item appropriation, 9 standing limited appropriation, or standing unlimited 10 appropriation otherwise limited by law identified pursuant to 11 subsection 2, which is subject to an allocation amount for the 12 immediately preceding fiscal year, the amount appropriated 13 under subsection 3 based on the appropriation shall be subject 14 to the same allocation amount for the fiscal year to which this 15 section applies. 16 7. Nonreversion. For any line item appropriation, standing 17 limited appropriation, or standing unlimited appropriation 18 otherwise limited by law identified pursuant to subsection 2 19 that is subject to a specified nonreversion provision, whether 20 for a limited or unlimited period, the amount appropriated 21 under subsection 3 based on the appropriation shall be subject 22 to the same specified nonreversion provision, and in the case 23 of a specified nonreversion provision for a limited period, 24 the period shall be considered to be one fiscal year longer 25 than specified for the appropriation identified pursuant to 26 subsection 2. 27 8. Full-time equivalent positions. The amounts appropriated 28 under subsection 3 to an entity identified pursuant to 29 subsection 2 may be used by the entity for a number of 30 full-time equivalent positions for the fiscal year to which 31 this section applies, equal to the number of full-time 32 equivalent positions authorized for the entity for the 33 immediately preceding fiscal year. 34 9. Exclusions. 35 -3- LSB 6915SZ (3) 91 ns/jh 3/ 6

S.F. 2461 a. This section does not apply to appropriations identified 1 under subsection 2 that the department of management, 2 in consultation with the legislative services agency, 3 determines to be one-time appropriations. For purposes 4 of this subsection, “one-time appropriation” may include 5 but is not limited to an appropriation from the rebuild 6 Iowa infrastructure fund created in section 8.57 or the 7 technology reinvestment fund created in section 8.57C, or a 8 similar appropriation from any state fund or account for an 9 infrastructure project, technology project, or temporary or 10 pilot project or program. 11 b. This section does not apply to appropriations for 12 which the general assembly has indicated by law the general 13 assembly’s explicit intent that the appropriation not be 14 subject to subsection 3. 15 10. Adjustment for expenditure limitation. If appropriations 16 made from the general fund of the state pursuant to subsection 17 3 would not comply with the general fund expenditure 18 limitation under section 8.54, the department of management, 19 in consultation with the legislative services agency, shall 20 reduce appropriations made from the general fund of the 21 state pursuant to subsection 3, each by the same percentage, 22 such that appropriations made from the general fund of the 23 state pursuant to subsection 3 comply with the general fund 24 expenditure limitation under section 8.54. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill establishes continuing appropriations in fiscal 29 years for which the general assembly does not enact annual 30 appropriations. The bill applies to fiscal years for which 31 one or more line item appropriations, standing limited 32 appropriations, or standing unlimited appropriations otherwise 33 limited by law (appropriations) for the immediately preceding 34 fiscal year (prior year) have not been enacted in an identical 35 -4- LSB 6915SZ (3) 91 ns/jh 4/ 6

S.F. 2461 provision for the fiscal year to which the bill applies 1 (budget year) on or before July 1 of the budget year. If, 2 on or after July 1 of the budget year, an appropriation for 3 the prior year is enacted in an identical provision for the 4 budget year, the bill ceases to apply for purposes of that 5 appropriation. The amount of moneys already expended under the 6 bill for the appropriation supplants a like amount under the 7 appropriation enacted for the budget year. The bill specifies 8 what constitutes an identical provision and what qualifies as 9 enactment for purposes of the bill. 10 For fiscal years to which the bill applies, the bill requires 11 the department of management (DOM), in consultation with the 12 legislative services agency (LSA), to identify the amounts of 13 all appropriations for the prior year and the entities to which 14 those appropriations were made. The bill appropriates those 15 amounts to those entities for the budget year. 16 The bill supplants duplicative standing appropriations, 17 meaning the amounts for appropriations identified for the prior 18 year apply in lieu of amounts estimated for associated standing 19 appropriations for the budget year. 20 The bill applies powers, duties, limitations, requirements, 21 allocations, nonreversions, and full-time equivalent position 22 authorizations associated with such appropriations from the 23 prior year for the budget year. 24 The bill excludes one-time appropriations from the 25 prior year, as determined by DOM in consultation with LSA. 26 One-time appropriations may include but are not limited to 27 appropriations for an infrastructure project, technology 28 project, or temporary or pilot project or program. 29 The bill does not reapply uncodified transfers from the 30 prior year. Codified transfers are not affected by the bill 31 and would operate in accordance with the Code during the budget 32 year. 33 The bill authorizes DOM, in consultation with LSA, to reduce 34 all continuing appropriations from the general fund of the 35 -5- LSB 6915SZ (3) 91 ns/jh 5/ 6

S.F. 2461 state under the bill for the budget year by the same percentage 1 if necessary to comply with state general fund expenditure 2 limitation. 3 The general assembly passed similar provisions in June 2020 4 applicable only to FY 2020-2021. 5 -6- LSB 6915SZ (3) 91 ns/jh 6/ 6