Text: HF00273 Text: HF00275 Text: HF00200 - HF00299 Text: HF 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 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, 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 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 12or 2 of this sectionor 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 20departmentsdepartment,institutionsinstitution, oragencies2 21affected by the proposedagency 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 transferof fundsis 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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