§ 54-44.1-12 — Control over rate of expenditures

North Dakota § 54-44.1-12

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-44.1: Office of the Budget

Text

1. The director of the budget shall exercise continual control over the execution of the
budget affecting the departments and agencies of state government, with the
exception of the legislative and judicial branches. Execution means the analysis and
approval of all commitments for conformity with the program provided in the budget,
frequent comparison of actual revenues and budget estimates, and on the basis of
these analyses and comparisons control the rate of expenditures through a system of
allotments. The allotment must be made by specific fund and all departments and
agencies that receive moneys from that fund must be allotted on a uniform percentage
basis except as follows:
a. The following appropriations may be allotted only to the extent that the allotment
can be offset by transfers from the foundation aid stabilization fund:
(1) General fund appropriations to the department of public instruction for state
school aid, transportation aid, and special education aid; and
(2) General fund appropriations to the department of career and technical
education for grants to school districts.
b. After allotments of two and one-half percent have been ordered during a
biennium, the director of the budget may exempt the following appropriations
from up to one percent of an allotment each biennium:
(1) General fund appropriations to the department of corrections and
rehabilitation; and
(2) General fund appropriations to the department of health and human
services for direct care programs.
2. Before an allotment is made which will reduce the amount of funds which can be
disbursed pursuant to an appropriation or before an allotment disallowing a specific
expenditure is made, the director shall find one or more of the following circumstances
to exist:
a. The moneys and estimated revenues in a specific fund from which the
appropriation is made are insufficient to meet all legislative appropriations from
the fund.
b. The payment or the obligation incurred is not authorized by law.
c. The expenditure or obligation is contrary to legislative intent as recorded in any
reliable legislative records, including:
(1) Statements of legislative intent expressed in enacted appropriation
measures or other measures enacted by the legislative assembly; and
(2) Statements of purpose of amendment explaining amendments to enacted
appropriation measures, as recorded in the journals of the legislative
assembly.
d. Circumstances or availability of facts not previously known or foreseen by the
legislative assembly which make possible the accomplishment of the purpose of
the appropriation at a lesser amount than that appropriated.