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S.F. No. 2469 - Legislative Advisory Commission Review of Federal Fund Spending
 
Author: Senator Claire A. Robling
 
Prepared By:
 
Date: March 29, 2012



 

OVERVIEW

This bill makes changes to the Legislative Advisory Commission review of federal funds spending requests.  The bill requires review by the entire Legislative Advisory Commission before any limitations are placed on spending of federal funds.  Current law allows only one member of the commission to place a request for further review. It prevents spending federal funds until the request from the commission: (1) is satisfied, (2) the Legislature adjourns, or (3) the expenditure is approved in law.  This legislation repeals existing authority for the executive branch to submit a request to the Legislative Advisory Commission for expenditure of federal money under special procedures for urgencies, that do not allow the Legislative Advisory Commission to impose any delay on spending federal money.  The bill does provide new limited authority for the expenditure of federal funds without review by the Legislative Advisory Commission for emergency management purposes, when federal aid is provided expressly for those purposes.

SECTION-BY-SECTION SUMMARY

Section 1 [Review of Federal Funds Spending Request] extends the time period for review by the Legislative Advisory Commission from 20 to 30 days after a Governor's budget request that includes a request to spend federal money is submitted.  Requires approval by the entire Legislative Advisory Commission for further review of a federal funds spending request that prevents spending of federal funds. 

Section 2 [Legislative Advisory Commission Review] provides conforming references to clarify that review is made by the entire Legislative Advisory Commission and elminates a reference to a subdivision repealed elsewhere in the bill.  Revises the process for Legislative Advisory Commission review of federal money that becomes available if there is: (1)  a change in purpose for the funds after the original submission of the request, (2) an increase in the amount of money available from the original request, or (3) a state match greater than the amount included in the original budget request.  Prevents expenditure of federal money under these conditions if the commission makes a negative recommendation or a recommendation for further review.  Allows these requests to be submitted again as part of the submission of the Governor's budget request.

Section 3 [Interim Procedures] modifies the existing law for executive branch requests to spend federal money after the deadline for submission of the Governor's budget request or while the Legislature is not in session provides two dates for submission of additional requests rather than the single date proposed in current law.  The changes in this section will allow a request to be made on August 1 and October 15 of any year.

Section 4 [Federal Aid for Emergency Management] provides a statutory appropriation of money received by the executive branch expressly for emergency management purposes from the federal government.  Specifies that the Legislative Advisory Commission review process does not apply to appropriations made under this provision.

Section 5 [Federal Funds] eliminates a statutory appropriation of federal money made available to the state under the Superfund Law.  Includes Superfund money within the Legislative Advisory Commission federal funds review process.

Section [Repealer] repeals the provision in the federal funds statutes that allows expenditure of federal funds under special procedures for urgencies.  This process does not allow the Legislative Advisory Commission to delay an expenditure when the executive branch declares that an urgency exists.

 
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