Bill Text - SB580 (2018)

(Second New Title) relative to transfers of appropriated funds, amending a capital budget appropriation to allow for door replacements at the New Hampshire hospital, and transferring a capital budget appropriation for painting the ceiling of Representatives Hall to the legislative branch.


Revision: June 6, 2018, 12:12 p.m.

SB 580 - VERSION ADOPTED BY BOTH BODIES

 

02/15/2018   0506s

12Apr2018... 1327h

3May2018... 1725h

05/23/2018   2075CofC

05/23/2018   2120EBA

 

2018 SESSION

18-2911

08/05

 

SENATE BILL 580

 

AN ACT relative to transfers of appropriated funds, amending a capital budget appropriation to allow for door replacements at the New Hampshire hospital, and transferring a capital budget appropriation for painting the ceiling of Representatives Hall to the legislative branch.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Watters, Dist 4

 

COMMITTEE: Finance

 

─────────────────────────────────────────────────────────────────

 

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.  Amends the capital budget to allow for door replacements at the New Hampshire hospital.

 

IV.  Transfers a capital budget appropriation for painting the ceiling of Representatives Hall from the department of administrative services to the legislative branch.

 

V.  Authorizes the commissioner of the department of administrative services to transfer appropriated funds for one year.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

05/23/2018   2075CofC

05/23/2018   2120EBA 18-2911

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to transfers of appropriated funds, amending a capital budget appropriation to allow for door replacements at the New Hampshire hospital, and transferring a capital budget appropriation for painting the ceiling of Representatives Hall to the legislative branch.

 

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, 9:17-c, or 9:17-d or in violation of any restrictions otherwise provided by law.  The restrictions included in RSA 9:17-a, 9:17-b, 9:17-c, or 9:17-d 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 be 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 be transferred to other class 048-contractual maintenance- buildings and grounds appropriations or to class 047 appropriations.

(c)  The appropriations budgeted in 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, and 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, 03-35-35-351510-3558, 03-35-35-351510-3484, 03-35-35-351510-3486, 03-35-35-351510-3488, 03-35-35-351510-3562, 03-35-35-351510-3415, 03-35-35-351510-3746, 03-35-35-351510-3777, 03-35-35-351510-3717, 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  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, and 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

5  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

6  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

7  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

8  Legislative Branch Capital Projects; Lapse Eliminated.  The appropriations made to the legislative branch in 2017, 228:1, XIV as amended by section 7 of this act, shall not lapse.

9  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.

10  Repeal.  RSA 9:17-a, III, relative to the exemption of the department of health and human services from certain transfer procedures, is repealed.

11  Effective Date.  

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.  Section 10 of this act shall take effect June 30, 2019.

V.  The remainder of this act shall take effect upon its passage.

SB 580 - VERSION ADOPTED BY BOTH BODIES

 

02/15/2018   0506s

12Apr2018... 1327h

3May2018... 1725h

05/23/2018   2075CofC

05/23/2018   2120EBA

 

2018 SESSION

18-2911

08/05

 

SENATE BILL 580

 

AN ACT relative to transfers of appropriated funds, amending a capital budget appropriation to allow for door replacements at the New Hampshire hospital, and transferring a capital budget appropriation for painting the ceiling of Representatives Hall to the legislative branch.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Watters, Dist 4

 

COMMITTEE: Finance

 

─────────────────────────────────────────────────────────────────

 

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.  Amends the capital budget to allow for door replacements at the New Hampshire hospital.

 

IV.  Transfers a capital budget appropriation for painting the ceiling of Representatives Hall from the department of administrative services to the legislative branch.

 

V.  Authorizes the commissioner of the department of administrative services to transfer appropriated funds for one year.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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

05/23/2018   2075CofC

05/23/2018   2120EBA 18-2911

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to transfers of appropriated funds, amending a capital budget appropriation to allow for door replacements at the New Hampshire hospital, and transferring a capital budget appropriation for painting the ceiling of Representatives Hall to the legislative branch.

 

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, 9:17-c, or 9:17-d or in violation of any restrictions otherwise provided by law.  The restrictions included in RSA 9:17-a, 9:17-b, 9:17-c, or 9:17-d 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 be 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 be transferred to other class 048-contractual maintenance- buildings and grounds appropriations or to class 047 appropriations.

(c)  The appropriations budgeted in 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, and 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, 03-35-35-351510-3558, 03-35-35-351510-3484, 03-35-35-351510-3486, 03-35-35-351510-3488, 03-35-35-351510-3562, 03-35-35-351510-3415, 03-35-35-351510-3746, 03-35-35-351510-3777, 03-35-35-351510-3717, 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  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, and 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

5  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

6  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

7  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

8  Legislative Branch Capital Projects; Lapse Eliminated.  The appropriations made to the legislative branch in 2017, 228:1, XIV as amended by section 7 of this act, shall not lapse.

9  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.

10  Repeal.  RSA 9:17-a, III, relative to the exemption of the department of health and human services from certain transfer procedures, is repealed.

11  Effective Date.  

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.  Section 10 of this act shall take effect June 30, 2019.

V.  The remainder of this act shall take effect upon its passage.