Text: HF02401 Text: HF02403 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.39, subsections 2 and 3, Code 2003, 1 2 are amended to read as follows: 1 3 2. a.IfSubject to the restrictions provided in 1 4 paragraphs "b" and "c", if the appropriation of a department, 1 5 institution, or agency is insufficient to properly meet the 1 6 legitimate expenses of the department, institution, or agency, 1 7 the director, with the approval of the governor, may make an 1 8 interdepartmental transfer from any other department, 1 9 institution, or agency of the state having an appropriation in 1 10 excess of its needs, of sufficient funds to meet that 1 11 deficiency. 1 12 b. An interdepartmental transfer to an appropriation which 1 13 is not an entitlement appropriation is not authorized when the 1 14 general assembly is in regular session and, in addition, the 1 15 sum of interdepartmental transfers in a fiscal year to an 1 16 appropriation which is not an entitlement appropriation shall 1 17 not exceed fifty percent of the amount of the appropriation as 1 18 enacted by the general assembly. For the purposes of this 1 19 subsection, an entitlement appropriation is a line item 1 20 appropriation to the state public defender for indigent 1 21 defense or to the department of human services for foster 1 22 care, state supplementary assistance, or medical assistance, 1 23 or for the family investment program. 1 24 c. In addition to the provisions of paragraph "b", the 1 25 total amount of interdepartmental transfers in a fiscal year 1 26 made to an appropriation shall be limited to one million 1 27 dollars, except when one of the following circumstances is 1 28 applicable: 1 29 (1) The transfer or transfers are made during the final 1 30 thirty days of the fiscal year. 1 31 (2) The director requests the legislative council to 1 32 approve a resolution concurring with a proposed transfer. The 1 33 director shall include with the request the information 1 34 required by subsection 3. The resolution must be approved by 1 35 a majority of the membership of the legislative council and 2 1 the transfer shall not be made prior to the date the 2 2 resolution is approved. However, if, within thirty calendar 2 3 days of receiving the request, the legislative council does 2 4 not act to approve or reject a resolution concurring with the 2 5 proposed transfer, the transfer shall be considered to be 2 6 approved. 2 7 3. Prior to any transfer of funds pursuant to subsection 1 2 8 or 2of this sectionor a transfer of an allocation from a 2 9 subunit of a department which statutorily has independent 2 10 budgeting authority, the director shall notify the 2 11 chairpersons of the standing committees onbudget2 12 appropriations of the senate and the house of representatives 2 13 and the chairpersons of subcommittees of such committees of 2 14 the proposed transfer. The notice from the director shall 2 15 include information concerning the amount of the proposed 2 16 transfer, the departments, institutions or agencies affected 2 17 by the proposed transfer, and the reasons for the proposed 2 18 transfer. Chairpersons notified of a transfer pursuant to 2 19 subsection 1 or a transfer of an allocation from a subunit of 2 20 a department that statutorily has independent budgeting 2 21 authority shall be given at least two weeks to review and 2 22 comment on the proposed transfer before the transfer of funds 2 23 is made. 2 24 EXPLANATION 2 25 This bill restricts the authority of the director of the 2 26 department of management to make interdepartmental transfers 2 27 of appropriations. Under existing law in Code section 8.39, 2 28 the director, with the approval of the governor, may make such 2 29 transfers provided certain reports are made to certain 2 30 legislative committees and members. If the general assembly 2 31 is in regular session, current law only allows 2 32 interdepartmental transfers to entitlement appropriations, 2 33 defined as those made for indigent defense and certain 2 34 department of human services' programs. In addition, current 2 35 law does not allow the sum of transfers to an appropriation 3 1 which is not an entitlement appropriation to exceed 50 percent 3 2 of the amount of the appropriation. 3 3 The bill applies a new restriction limiting the total 3 4 amount transferred in a fiscal year to an appropriation to 3 5 $1,000,000, unless made during the final 30 days of the fiscal 3 6 year or unless the legislative council approves a resolution 3 7 concurring with the proposed transfer requested by the 3 8 director of the department of management. The director of the 3 9 department of management must include with the request for a 3 10 resolution the reasons for the transfer and other information 3 11 required under current law. The resolution must be approved 3 12 by a majority of the membership of the legislative council and 3 13 the transfer cannot be made prior to the date of the 3 14 resolution's approval. However, if the legislative council 3 15 does not act within 30 calendar days of receiving the request 3 16 to approve or reject a resolution concurring with the proposed 3 17 transfer, the transfer shall be considered to be approved. 3 18 Under current law, the chairpersons of the appropriations 3 19 committees and the appropriations subcommittees are to be 3 20 notified prior to an intradepartmental or interdepartmental 3 21 transfer and have two weeks to review and comment on the 3 22 transfer. Under the bill, the two-week period only applies to 3 23 intradepartmental transfers. 3 24 LSB 5060HV 80 3 25 jp/pj/5
Text: HF02401 Text: HF02403 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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