Text: HSB00693 Text: HSB00695 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.39, subsections 1, 2, and 3, Code 1 2 2001, are amended to read as follows: 1 3 1. Except as otherwise provided by law, an appropriation 1 4 or any part of it shall not be transferred or otherwise used 1 5 for any other purpose than that for which it was made. 1 6 However, with the prior written consent and approval of the 1 7 governor and the director of the department of management, the 1 8 governing board or head of any state department, institution, 1 9 or agency may, at any time during the fiscal year, make a 1 10 whole or partial intradepartmental transfer of its unexpended 1 11 appropriations for purposes within the scope of such 1 12 department, institution, or agency. 1 13 2. If the appropriation of a department, institution, or 1 14 agency is insufficient to properly meet the legitimate 1 15 expenses of the department, institution, or agency, the 1 16 director, with the approval of the governor, maymake1 17 authorize an interdepartmental transfer from any other 1 18 department, institution, or agency of the state having an 1 19 appropriation in excess of its needs, of sufficient funds to 1 20 meet that deficiency only by adopting an administrative rule 1 21 in accordance with this subsection implementing the transfer. 1 22 An interdepartmental transfer to an appropriation which is not 1 23 an entitlement appropriation is not authorized when the 1 24 general assembly is in regular session and, in addition, the 1 25 sum of interdepartmental transfers in a fiscal year to an 1 26 appropriation which is not an entitlement appropriation shall 1 27 not exceed fifty percent of the amount of the appropriation as 1 28 enacted by the general assembly. For the purposes of this 1 29 subsection, an entitlement appropriation is a line item 1 30 appropriation to the state public defender for indigent 1 31 defense or to the department of human services for foster 1 32 care, state supplementary assistance, or medical assistance, 1 33 or for the family investment program. A rule adopted under 1 34 this subsection shall be adopted under section 17A.4, 1 35 subsection 2, and section 17A.5, subsection 2, paragraph "b", 2 1 and the rule shall become effective immediately upon filing or 2 2 on a later effective date specified in the rule, unless the 2 3 effective date is delayed by the administrative rules review 2 4 committee. A rule adopted under this subsection shall not 2 5 take effect before the administrative rules review committee 2 6 reviews the rule. The delay authority provided to the 2 7 administrative rules review committee under section 17A.4, 2 8 subsection 5, and section 17A.8, subsection 9, shall be 2 9 applicable to a delay imposed under this subsection, 2 10 notwithstanding a provision in those sections making them 2 11 inapplicable to section 17A.5, subsection 2, paragraph "b". 2 12 3. Prior to any transfer of funds pursuant to subsection 1 2 13or 2 of this sectionor a transfer of an allocation from a 2 14 subunit of a department which statutorily has independent 2 15 budgeting authority, the director shall notify the 2 16 chairpersons of the standing committees on budget of the 2 17 senate and the house of representatives and the chairpersons 2 18 of subcommittees of such committees of the proposed transfer. 2 19 The notice from the director shall include information 2 20 concerning the amount of the proposed transfer, the 2 21departmentsdepartment,institutionsinstitution, oragencies2 22 agencyaffected by the proposedproposing the transfer and the 2 23 reasons for the proposed transfer. Chairpersons notified 2 24 shall be given at least two weeks to review and comment on the 2 25 proposed transfer before the transferof fundsis made. 2 26 Sec. 2. Section 422.103, Code 2001, is amended to read as 2 27 follows: 2 28 422.103 USE OF FUND. 2 29 Moneys credited to the special reserve fund shall be used 2 30 to pay claims approved by the director for refunds of income 2 31 tax paid by corporations which claims are based upon the 2 32 income allocation formula provided in section 422.33.Moneys2 33credited to the special reserve fund shall be exempt from the2 34provisions of section 8.39.2 35 EXPLANATION 3 1 This bill relates to requirements for executive branch 3 2 transfers of appropriations between departments. 3 3 Under current law in Code section 8.39, with approval of 3 4 the governor, executive branch agencies may make 3 5 intradepartmental and interdepartmental transfers of 3 6 appropriations, subject to reporting to members of the general 3 7 assembly. The bill provides that the director of the 3 8 department of management may exercise the director's current 3 9 authority to authorize an interdepartmental transfer of an 3 10 appropriation only by adopting an administrative rule 3 11 implementing the transfer. The administrative rule must be 3 12 adopted utilizing the emergency procedures under Code section 3 13 17A.4 and 17A.5, which dispense with public notice, 3 14 publication, and elapse of specified time periods before a 3 15 rule can be adopted. However, the rule cannot take effect 3 16 before review of the rule by the administrative rules review 3 17 committee, which may delay the rule. The bill provides that 3 18 the administrative rules review committee's delay authority is 3 19 applicable to a rule adopted for purposes of the bill, 3 20 notwithstanding a provision in law stating that the delay 3 21 authority does not apply to a rule adopted utilizing the 3 22 emergency procedures. 3 23 The bill makes a conforming amendment to existing transfer 3 24 authority in Code section 422.103, relating to payment of 3 25 claims for estimated tax from corporations by the director of 3 26 revenue and finance. 3 27 LSB 5482HC 79 3 28 jp/pj/5
Text: HSB00693 Text: HSB00695 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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