Revision: May 3, 2018, 3:49 p.m.
SB 580 - AS AMENDED BY THE HOUSE
02/15/2018 0506s
12Apr2018... 1327h
3May2018... 1725h
2018 SESSION
18-2911
08/05
SENATE BILL 580
SPONSORS: Sen. Birdsell, Dist 19; Sen. Watters, Dist 4
COMMITTEE: Finance
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AMENDED ANALYSIS
This bill:
I. Amends language concerning transfers of appropriated funds.
II. Authorizes departments to establish additional expenditure class lines with fiscal committee and governor and executive council approval.
III. Requires funding transfers out of or within the Sununu youth services center to obtain prior approval of the fiscal committee.
IV. Amends the capital budget to allow for door replacements at the New Hampshire hospital.
V. Transfers a capital budget appropriation for painting the ceiling of Representatives Hall from the department of administrative services to the legislative branch.
VI. Authorizes the commissioner of the department of administrative services to transfer appropriated funds for one year.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2018 0506s
12Apr2018... 1327h
3May2018... 1725h 18-2911
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Transfer Authority. RSA 9:16-a, I-II are repealed and reenacted to read as follows:
I. Notwithstanding any other provision of law, every department as defined in RSA 9:1 is hereby authorized to transfer funds within and among all accounting units within said department, provided that any transfer of $100,000 or more shall require prior approval of the fiscal committee of the general court and the governor and council, and provided that no funds may be transferred in violation of the provisions of RSA 9:17-a, 9:17-b, or 9:17-c or in violation of any restrictions otherwise provided by law. The restrictions included in RSA 9:17-a, 9:17-b, or 9:17-c shall not apply if a transfer is necessary to satisfy a federal maintenance of effort requirement to ensure the receipt of federal funds.
II. Subject to the limitations in paragraph III and approval of the fiscal committee of the general court and the governor and council, the transfers authorized in this section may include the establishment of new accounting units and expenditure class codes as necessary and appropriate to respond to changes in federal or state laws, regulations, or programs and otherwise as necessary for the efficient management of the department; provided that if a transfer does not include new accounting units or expenditure class codes, only transfers of $100,000 or more shall require prior approval of the fiscal committee of the general court and the governor and council.
2 New Paragraph; Transfers; Expenditure Class Restrictions. Amend RSA 9:16-a by inserting after paragraph II the following new paragraph:
II-a. Unless specifically permitted by an operating budget section or footnote, the following transfer restrictions shall apply to all departments:
(a) The appropriation budgeted in class 023-heat-electricity-water shall not be transferred or expended for any other purpose, except that agencies may transfer between class 023 appropriations as necessary.
(b) The appropriations in classes 047 and 048 for the maintenance of buildings and grounds shall not be transferred or expended for any other purpose and shall not lapse in the first year of the operating budget, except that appropriations for maintenance of buildings and grounds may be transferred as follows:
(1) Appropriations in class 047-own forces maintenance-buildings and grounds may transferred to other class 047 appropriations or to class 048-contractual maintenance- buildings and grounds appropriations.
(2) Appropriation in 048-contractual maintenance- buildings and grounds may transferred to other class 048-contractual maintenance- buildings and grounds appropriations or to class 047 appropriations.
(c) The appropriations budgeted class 027-transfers to DoIT, class 028-transfers to general services, class 041-audit funds set aside, class 042-additional fringe benefits, class 049-transfers, class 061-unemployment compensation, class 062-workers compensation, class 064-retiree pension benefit-health insurance, shall not be transferred or expended for any other purpose, except that agencies may transfer any portion of funds in class 027 transfers to OIT not related to IT shared services upon consultation with and approval from the CIO.
(d) The following account units within the department of natural and cultural resources shall be exempt from the transfer restrictions in subparagraphs (a), (b) and (c): 03-35-35-351510-3701, 03-35-35-351510-3745, 03-35-35-351510-3720, 03-35-35-351510-7300, 03-35-35-351510-3414, 03-35-35-351510-3556, 0335-35-351510-3558, 03-35-35-351510-3484, 03-35-35-351510-3486, 03-35-35351510-3488, 03-35-35-351510-3562, 03-35-35-351510-3415, 03-35-35-351510-3746, 03-35-35-351510-3777, 0335-35-351510-3717 and 03-35-35-351510-3703.
3 Appropriations; Transfers Authorized. Amend RSA 9:16-a, III to read as follows:
III. The [$75,000] $100,000 threshold under paragraphs I-II shall be applied at the accounting unit level on a cumulative basis within the fiscal year. Once the threshold has been reached, the approval of the fiscal committee of the general court and the governor and council shall be required for subsequent transfers within the fiscal year.
4 Transfer of Funds for Operation of the Sununu Youth Services Center. Amend 2017, 156:169 to read as follows:
156:169 Transfer of Funds for Operation of the Sununu Youth Services Center.
I. In the case of transfers [affecting the funding for any of the functions of] out of or within the Sununu youth services center affecting functions subject to RSA 621, the prior approval of the fiscal committee of the general court shall be required. Prior to acting on transfer requests to which this section applies, the fiscal committee of the general court shall solicit the advice of the advisory group established in section 165 of this act. The commissioner may only seek a transfer which is subject to the requirements of this section if there has been full compliance with the requirements of section 165 of this act and RSA 169-B:19, VI, as amended by this act.
II.(a) Under emergency circumstances only, the commissioner may seek approval of the fiscal committee of the general court for transfers into the Sununu youth services center affecting functions subject to RSA 621. For the purposes of this section, “emergency circumstances” shall mean:
(1) A situation in which the average census at the Sununu youth services center for a 60-day period has exceeded by at least 30 percent the average census for the 30 days preceding the initiation of that 60-day period; or
(2) A natural or other disaster beyond the control of the department.
(b) Transfers requested under this section shall be used to fund operations at the Sununu youth services center for a period not to exceed 3 months. If the situation persists, the commissioner may seek subsequent transfers in 3-month increments.
5 Department of Health and Human Services; Capital Budget; Appropriation; Purpose Amended. Amend 2011, 253:1, VII, D, extended by 2013, 195:47, 60, amended by 2014, 121:3, extended by 2015, 220:23, 61, extended by 2017, 228:22, 82, to read as follows:
D. APS Repairs/Renovations-Roof, Windows and Curtain Wall 3,675,000
and Door Replacements or Other Related Upgrades
6 Capital Budget; Department of Administrative Services; Representatives Hall Project Removed. Amend 2017, 228:1, II, B, 9 to read as follows:
9. [State House Representatives Hall - Paint Ceiling 665,000]
Project transferred to paragraph XIV, Legislative Branch
7 Total Adjusted; Capital Budget; Administrative Services. Amend 2017, 228:1, II, total state appropriation paragraph II, to read as follows:
Total state appropriation paragraph II [$26,595,000] $25,930,000
8 Capital Budget; Legislative Branch; Representatives Hall Ceiling Project Added. Amend 2017, 228:1, XIV to read as follows:
XIV. Legislative Branch
A. Legislative Parking Garage Design 740,000
B. State House Representatives Hall - Paint Ceiling $665,000
Total state appropriation paragraph XIV [$740,000] $1,405,000
9 Legislative Branch Capital Projects; Lapse Eliminated. The appropriations made to the legislative branch in 2017, 228:1, XIV as amended by section 8 of this act, shall not lapse.
10 Department of Administrative Services; Transfer Authority; Consolidation of Human Resources and Payroll Functions. In order to comply with the provisions of 2017, 156:1, the commissioner of the department of administrative services is hereby authorized to transfer funds within and among all accounting units and/or expenditure class codes within the department, and is further authorized to create new class codes with the department into which funds may be transferred or placed as the commissioner deems necessary for compliance with the provisions of 2017, 156:1. The provisions of this section shall terminate on July 1, 2019.
11 Repeal. RSA 9:17-a, III, relative to the exemption of the department of health and human services from certain transfer procedures, is repealed.
I. RSA 9:16-a, II-a(a)-(b) as inserted by section 2 of the bill shall take effect July 1, 2018.
II. RSA 9:16-a, II-a(c)-(d) as inserted by section 2 of the bill shall take effect July 1, 2019.
III. Section 3 of this act shall take effect July 1, 2018.
IV. The remainder of this act shall take effect upon its passage.