SSB 3176 (LSB 6915XC (4) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON ROZENBOOM)

A BILL FOR

An Act establishing continuing appropriations in fiscal years for which the general assembly does not pass an annual budget.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  2.12C  Continuing appropriations.
   1.  Annual budget not passed by general assembly.
   a.  This section applies to any fiscal year for which the general assembly has not passed and presented to the governor, on or before July 1 of the fiscal year, any bills appropriating moneys for the fiscal year.
   b.  If, on or after July 1 of the fiscal year, the general assembly passes and presents to the governor one or more bills appropriating moneys for the fiscal year, this section shall cease to apply for purposes of that fiscal year.
   c.  For purposes of this subsection, “bill appropriating moneys for the fiscal year” does not include any of the following:
   (1)  A bill enacting an appropriation for the fiscal year in this Code.
   (2)  A bill enacting an appropriation for the fiscal year if the bill was passed and presented to the governor prior to July 1 of the immediately preceding fiscal year.
   2.  Prior fiscal year appropriations determined.
   a.  For all line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including appropriations from federal and nonstate funds, the department of management, in consultation with the legislative services agency, shall determine the amount of such line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including appropriations from federal and nonstate funds, made for the immediately preceding fiscal year by taking into consideration all of the following:
   (1)  All Acts appropriating moneys for that immediately preceding fiscal year.
   (2)  All interdepartmental and intradepartmental transfers made pursuant to section 8.39 and other provisions of law for that immediately preceding fiscal year.
   (3)  Other relevant provisions of law.
   b.  The department of management, in consultation with the legislative services agency, shall also identify the entities to which such appropriations were made, or the entities’ successors.
   3.  Continuing appropriation.  There is appropriated from the appropriate state fund or account to the entities identified pursuant to subsection 2, for the fiscal year to which this section applies, amounts, or so much thereof as is necessary, equal to the amounts of all line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including federal and nonstate funds, made for the immediately preceding fiscal year, as determined pursuant to subsection 2.
   4.  Duplicative standing appropriations supplanted.  The amounts appropriated under subsection 3 shall supplant any duplicative standing appropriation for the fiscal year to which this section applies.
   5.  Miscellaneous provisions applicable.  Powers, duties, limitations, or requirements, including reporting requirements, set forth for appropriations applicable to the immediately preceding fiscal year are applicable for the fiscal year to which this section applies, and any specified date contained therein shall apply one year later than specified.
   6.  Allocation amounts.  For any line item appropriation, standing limited appropriation, or standing unlimited appropriation otherwise limited by law identified pursuant to subsection 2, which is subject to an allocation amount for the immediately preceding fiscal year, the amount appropriated under subsection 3 based on the appropriation shall be subject to the same allocation amount for the fiscal year to which this section applies.
   7.  Nonreversion.  For any line item appropriation, standing limited appropriation, or standing unlimited appropriation otherwise limited by law identified pursuant to subsection 2 that is subject to a specified nonreversion provision, whether for a limited or unlimited period, the amount appropriated under subsection 3 based on the appropriation shall be subject to the same specified nonreversion provision, and in the case of a specified nonreversion provision for a limited period, the period shall be considered to be one fiscal year longer than specified for the appropriation identified pursuant to subsection 2.
   8.  Full-time equivalent positions.  The amounts appropriated under subsection 3 to an entity identified pursuant to subsection 2 may be used by the entity for a number of full-time equivalent positions for the fiscal year to which this section applies, equal to the number of full-time equivalent positions authorized for the entity for the immediately preceding fiscal year.
   9.  Exclusions.  This section does not apply to appropriations identified under subsection 2 that the department of management, in consultation with the legislative services agency, determines to be one-time appropriations. For purposes of this subsection, “one-time appropriation” may include but is not limited to an appropriation from the rebuild Iowa infrastructure fund created in section 8.57 or the technology reinvestment fund created in section 8.57C, or a similar appropriation for an infrastructure project, technology project, or temporary project or program for which a subsequent fiscal year appropriation is not appropriate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes continuing appropriations in fiscal years for which the general assembly does not pass an annual budget. The bill applies to fiscal years for which the general assembly has not passed and presented to the governor, on or before July 1 of the fiscal year, any bills appropriating moneys for the fiscal year, with certain exclusions. The bill ceases to apply for a fiscal year if, on or after July 1 of the fiscal year, the general assembly passes and presents to the governor one or more bills appropriating moneys for the fiscal year.
   For fiscal years to which the bill applies, the bill requires the department of management (DOM), in consultation with the legislative services agency (LSA), to identify the amounts of all line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law for the immediately preceding fiscal year and the entities to which those appropriations were made. The bill appropriates those amounts to those entities for the fiscal year to which the bill applies.
   The bill supplants duplicative standing appropriations, meaning the amounts for limited standing appropriations and unlimited standing appropriations otherwise limited by law identified for the immediately preceding fiscal year apply in lieu of amounts estimated for the fiscal year to which the bill applies.
   The bill applies powers, duties, limitations, requirements, allocations, nonreversions, and full-time equivalent position authorizations associated with such appropriations from the immediately preceding fiscal year for the fiscal year to which the bill applies.
   The bill excludes one-time appropriations from the immediately preceding fiscal year, as determined by DOM in consultation with LSA. One-time appropriations may include but are not limited to appropriations for an infrastructure project, technology project, or temporary project or program for which a subsequent fiscal year appropriation is not appropriate.
   The bill does not reapply uncodified transfers from the immediately preceding fiscal year. Codified transfers are not affected by the bill and would operate in accordance with the law during the fiscal year to which the bill applies.
   The general assembly passed similar provisions in June 2020 applicable only to FY 2020-2021.