House File 148 - Reprinted HOUSE FILE 148 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 1) (As Amended and Passed by the House March 8, 2011 ) A BILL FOR An Act relating to state expenditure requirements involving the 1 revenue estimating conference and appropriation transfers 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 148 (4) 84 jp/sc/mb
H.F. 148 Section 1. Section 8.22A, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The conference shall meet as often as deemed necessary, 3 but shall meet at least quarterly. The conference may use 4 sources of information deemed appropriate. At each meeting, 5 the conference shall agree to estimates for the current and the 6 next two succeeding fiscal years for the general fund of the 7 state, lottery revenues to be available for disbursement, and 8 from gambling revenues and from interest earned on the cash 9 reserve fund and the economic emergency fund to be deposited in 10 the rebuild Iowa infrastructure fund. 11 Sec. 2. Section 8.39, subsections 1 and 2, Code 2011, are 12 amended to read as follows: 13 1. Except as otherwise provided by law, an appropriation or 14 any part of it shall not be used for any other purpose than that 15 for which it was made. However, with the prior written consent 16 and approval of the governor and the director of the department 17 of management, the governing board or head of any state 18 department, institution, or agency may, at any time during the 19 fiscal year, make a whole or partial intradepartmental transfer 20 of its unexpended appropriations for purposes within the scope 21 of such department, institution, or agency. Such transfer 22 shall be to an appropriation made from the same funding source 23 and within the same fiscal year. The amount of a transfer made 24 from an appropriation under this subsection shall be limited 25 to not more than one-tenth of one percent of the total of all 26 appropriations made from the funding source of the transferred 27 appropriation for the fiscal year in which the transfer is 28 made. 29 2. If the appropriation of a department, institution, or 30 agency is insufficient to properly meet the legitimate expenses 31 of the department, institution, or agency, the director, with 32 the approval of the governor, may make an interdepartmental 33 transfer from any other department, institution, or agency of 34 the state having an appropriation in excess of its needs, of 35 -1- HF 148 (4) 84 jp/sc/mb 1/ 2
H.F. 148 sufficient funds to meet that deficiency. Such transfer shall 1 be to an appropriation made from the same funding source and 2 within the same fiscal year. The amount of a transfer made 3 from an appropriation under this subsection shall be limited 4 to not more than one-tenth of one percent of the total of all 5 appropriations made from the funding source of the transferred 6 appropriation for the fiscal year in which the transfer is 7 made. An interdepartmental transfer to an appropriation which 8 is not an entitlement appropriation is not authorized when 9 the general assembly is in regular session and, in addition, 10 the sum of interdepartmental transfers in a fiscal year to an 11 appropriation which is not an entitlement appropriation shall 12 not exceed fifty percent of the amount of the appropriation 13 as enacted by the general assembly. For the purposes of 14 this subsection , an entitlement appropriation is a line item 15 appropriation to the state public defender for indigent defense 16 or to the department of human services for foster care, state 17 supplementary assistance, or medical assistance, or for the 18 family investment program. 19 Sec. 3. Section 8.39, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 2A. The aggregate amount of 22 intradepartmental and interdepartmental transfers made 23 from all appropriations for a fiscal year pursuant to this 24 section is limited to not more than five-tenths of one percent 25 of the total amount of the appropriations made from the general 26 fund of the state for the fiscal year. 27 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 28 immediate importance, takes effect upon enactment. 29 -2- HF 148 (4) 84 jp/sc/mb 2/ 2