House File 274
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requirements for executive branch
2 interdepartmental transfers of appropriations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2517YH 80
5 jp/sh/8
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
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