Bill Text: OH SB185 | 2009-2010 | 128th General Assembly | Engrossed

Ohio Senate Bill 185 (Prior Session Legislation)

Engrossed

Bill Title: , and to amend Section 512.60 of Am. Sub. H.B. 1 of the 128th General Assembly to prohibit the transfer of cash from certain non-General Revenue Funds to the General Revenue Fund.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Engrossed - Dead) 2010-01-27 - Passed 3rd Consideration House [SB185 Detail]

Download: Ohio-2009-SB185-Engrossed.html

As Passed by the Senate

128th General Assembly

Regular Session

2009-2010

S. B. No. 185

Senator Jones

Cosponsors: Senators Buehrer, Grendell, Husted, Schaffer, Wagoner, Carey, Faber, Gibbs, Hughes, Niehaus, Widener, Goodman

A BILL

To amend section 127.14 and to enact section 126.231

of the Revised Code, and to amend Section 512.60

of Am. Sub. H.B. 1 of the 128th General Assembly

to prohibit the transfer of cash from certain

non-General Revenue Funds to the General Revenue

Fund.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 127.14 be amended and section 126.231	7
of the Revised Code be enacted to read as follows:	8

Sec. 126.231. (A) If the director of budget and management is	9
authorized to transfer cash from non-general revenue funds in the	10
state treasury to the general revenue fund, no such transfer may	11
be made by the director until at least ninety days after the	12
intention to make the transfer has been indicated in a quarterly	13
estimate described in division (B) of this section, and no such	14
transfer may be made from a fund that includes cash from	15
donations.	16

(B) The director shall prepare quarterly estimates	17
identifying funds in the state treasury from which cash transfers	18
are to be made and the anticipated amount of these cash transfers.	19
The estimates shall be delivered to the governor, the president of	20
the senate, the minority leader of the senate, the speaker of the	21
house of representatives, the minority leader of the house of	22
representatives, and members of the press, radio and television	23
stations, and broadcasting networks in this state.	24

Sec. 127.14. The controlling board may, at the request of	25
any state agency or the director of budget and management,	26
authorize, with respect to the provisions of any appropriation	27
act:	28

(A) Transfers of all or part of an appropriation within but	29
not between state agencies, except such transfers as the director	30
of budget and management is authorized by law to make, provided	31
that no transfer shall be made by the director for the purpose of	32
effecting new or changed levels of program service not authorized	33
by the general assembly;	34

(B) Transfers of all or part of an appropriation from one	35
fiscal year to another;	36

(C) Transfers of all or part of an appropriation within or	37
between state agencies made necessary by administrative	38
reorganization or by the abolition of an agency or part of an	39
agency;	40

(D) Transfers of all or part of cash balances in excess of	41
needs from any fund of the state to the general revenue fund or to	42
such other fund of the state to which the money would have been	43
credited in the absence of the fund from which the transfers are	44
authorized to be made, except that the controlling board may not	45
authorize such transfers from the accrued leave liability fund,	46
auto registration distribution fund, budget stabilization fund,	47
development bond retirement fund, facilities establishment fund,	48
gasoline excise tax fund, general revenue fund, higher education	49
improvement fund, highway improvement bond retirement fund,	50
highway obligations bond retirement fund, highway capital	51
improvement fund, highway operating fund, horse racing tax fund,	52
improvements bond retirement fund, public library fund, liquor	53
control fund, local government fund, local transportation	54
improvement program fund, mental health facilities improvement	55
fund, Ohio fairs fund, parks and recreation improvement fund,	56
public improvements bond retirement fund, school district income	57
tax fund, state agency facilities improvement fund, state and	58
local government highway distribution fund, state highway safety	59
fund, state lottery fund, undivided liquor permit fund, Vietnam	60
conflict compensation bond retirement fund, volunteer fire	61
fighters' dependents fund, waterways safety fund, wildlife fund,	62
workers' compensation fund, workers' compensation council	63
remuneration fund, a fund that includes cash from donations, or	64
any fund not specified in this division that the director of	65
budget and management determines to be a bond fund or bond	66
retirement fund;	67

(E) Transfers of all or part of those appropriations included	68
in the emergency purposes account of the controlling board;	69

(F) Temporary transfers of all or part of an appropriation or	70
other moneys into and between existing funds, or new funds, as may	71
be established by law when needed for capital outlays for which	72
notes or bonds will be issued;	73

(G) Transfer or release of all or part of an appropriation to	74
a state agency requiring controlling board approval of such	75
transfer or release as provided by law;	76

(H) Temporary transfer of funds included in the emergency	77
purposes appropriation of the controlling board. Such temporary	78
transfers may be made subject to conditions specified by the	79
controlling board at the time temporary transfers are authorized.	80
No transfers shall be made under this division for the purpose of	81
effecting new or changed levels of program service not authorized	82
by the general assembly.	83

As used in this section, "request" means an application by a	84
state agency or the director of budget and management seeking some	85
action by the controlling board.	86

When authorizing the transfer of all or part of an	87
appropriation under this section, the controlling board may	88
authorize the transfer to an existing appropriation item and the	89
creation of and transfer to a new appropriation item.	90

Whenever there is a transfer of all or part of funds included	91
in the emergency purposes appropriation by the controlling board,	92
pursuant to division (E) of this section, the state agency or the	93
director of budget and management receiving such transfer shall	94
keep a detailed record of the use of the transferred funds. At the	95
earliest scheduled meeting of the controlling board following the	96
accomplishment of the purposes specified in the request originally	97
seeking the transfer, or following the total expenditure of the	98
transferred funds for the specified purposes, the state agency or	99
the director of budget and management shall submit a report on the	100
expenditure of such funds to the board. The portion of any	101
appropriation so transferred which is not required to accomplish	102
the purposes designated in the original request to the controlling	103
board shall be returned to the proper appropriation of the	104
controlling board at this time.	105

Notwithstanding any provisions of law providing for the	106
deposit of revenues received by a state agency to the credit of a	107
particular fund in the state treasury, whenever there is a	108
temporary transfer of funds included in the emergency purposes	109
appropriation of the controlling board pursuant to division (H) of	110
this section, revenues received by any state agency receiving such	111
a temporary transfer of funds shall, as directed by the	112
controlling board, be transferred back to the emergency purposes	113
appropriation.	114

The board may delegate to the director of budget and	115
management authority to approve transfers among items of	116
appropriation under division (A) of this section.	117

Section 2. That existing section 127.14 of the Revised Code	118
is hereby repealed.	119

Section 3. That Section 512.60 of Am. Sub. H.B. 1 of the	120
128th General Assembly be amended to read as follows:	121

Sec. 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND FROM	122
NON-GRF FUNDS	123

Notwithstanding any provision of law to the contrary, during	124
fiscal years 2010 and 2011, the Director of Budget and Management	125
may transfer cash from non-General Revenue Funds that are not	126
constitutionally restricted and do not include cash from	127
donations to the General Revenue Fund in order to ensure that	128
available General Revenue Fund receipts and balances are	129
sufficient to support General Revenue Fund appropriations in each	130
fiscal year. Any transfer made pursuant to this section must	131
comply with section 126.231 of the Revised Code.	132

~~Before September 1 of each fiscal year, the Director of~~	133
~~Budget and Management shall prepare quarterly estimates~~	134
~~identifying funds in the state treasury from which cash transfers~~	135
~~are to be made and the anticipated amount of these cash transfers.~~	136
Beginning with the quarter ending September 30, 2009, and on a	137
quarterly basis thereafter, the Director of Budget and Management	138
shall prepare a summary comparing the estimated and actual amounts	139
of these cash transfers by fund. This quarterly summary shall be	140
included in the report required under section 126.05 of the	141
Revised Code.	142

Section 4. That existing Section 512.60 of Am. Sub. H.B. 1	143
of the 128th General Assembly is hereby repealed.	144

Section 5. The amendment or enactment by this act of the	145
sections listed below is exempt from the referendum under Ohio	146
Constitution, Article II, Section 1d, and section 1.471 of the	147
Revised Code, and therefore takes effect immediately when this act	148
becomes law:	149

Sections 126.231 and 127.14 of the Revised Code.

150