Bill No.:                     HB0249                                 Drafter:  DKG

LSO No.:                   13LSO-0323                         Effective Date:  7/1/2013

Enrolled Act No.:    HEA0080

Chapter No.:            CH0176

Prime Sponsor:       House Appropriations Committee

Catch Title:              Budget reduction implementation.

Subject:                     Determining how appropriation shortfalls are to be administered.

Summary/Major Elements:

· Statute often provides for fixed dollar amounts to be distributed by the state to various programs.

· An issue can arise as to whether those dollar amounts may be reduced when the legislative appropriation for the program is less than the full amount needed to meet the dollar amounts stated, or whether an implied appropriation from the general fund exists in those circumstances.

· This Act specifies how a shortfall in an appropriation is to be handled for state payments to counties for county and prosecuting attorneys and assistants.  If there is a shortfall in a fiscal year the counties will receive a pro rata amount.

· The Act also specifies a process if there is an appropriation shortfall for the tax refund to the elderly and disabled program.  In this situation one-half of the appropriation for the first fiscal year is to be distributed pro rata and the remaining half is to be distributed in the second year of the biennium pro rata.