Text: HF00273                           Text: HF00275
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 274

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 8.39, subsections 1, 2, and 3, Code
  1  2 2003, 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, may make
  1 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
  2  2 and review of the administrative rules review committee or on
  2  3 a later effective date specified in the rule, unless the
  2  4 effective date is delayed by the administrative rules review
  2  5 committee.  The delay authority provided to the administrative
  2  6 rules review committee under section 17A.4, subsection 5, and
  2  7 section 17A.8, subsection 9, shall be applicable to a delay
  2  8 imposed under this subsection, notwithstanding a provision in
  2  9 those sections making them inapplicable to section 17A.5,
  2 10 subsection 2, paragraph "b".
  2 11    3.  Prior to any transfer of funds pursuant to subsection 1
  2 12 or 2 of this section or a transfer of an allocation from a
  2 13 subunit of a department which statutorily has independent
  2 14 budgeting authority, the director shall notify the
  2 15 chairpersons of the standing committees on budget of the
  2 16 senate and the house of representatives and the chairpersons
  2 17 of subcommittees of such committees of the proposed transfer.
  2 18 The notice from the director shall include information
  2 19 concerning the amount of the proposed transfer, the
  2 20 departments department, institutions institution, or agencies
  2 21 affected by the proposed agency proposing the transfer and the
  2 22 reasons for the proposed transfer.  Chairpersons notified
  2 23 shall be given at least two weeks to review and comment on the
  2 24 proposed transfer before the transfer of funds is made.  
  2 25                           EXPLANATION
  2 26    This bill relates to requirements for executive branch
  2 27 transfers of appropriations between departments.
  2 28    Under current law in Code section 8.39, with approval of
  2 29 the governor, executive branch agencies may make
  2 30 intradepartmental and interdepartmental transfers of
  2 31 appropriations, subject to reporting to members of the general
  2 32 assembly.  The bill provides that the director of the
  2 33 department of management may exercise the director's current
  2 34 authority to authorize an interdepartmental transfer of an
  2 35 appropriation only by adopting an administrative rule
  3  1 implementing the transfer.  The administrative rule must be
  3  2 adopted utilizing the emergency procedures under Code sections
  3  3 17A.4 and 17A.5, which dispense with public notice,
  3  4 publication, and elapse of specified time periods before a
  3  5 rule can be adopted.  However, the rule cannot take effect
  3  6 before review of the rule by the administrative rules review
  3  7 committee, which may delay the rule.  The bill provides that
  3  8 the administrative rules review committee's delay authority is
  3  9 applicable to a rule adopted for purposes of the bill,
  3 10 notwithstanding a provision in law stating that the delay
  3 11 authority does not apply to a rule adopted utilizing the
  3 12 emergency procedures.  
  3 13 LSB 2517YH 80
  3 14 jp/sh/8
     

Text: HF00273                           Text: HF00275
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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