Procedures for Supplemental Appropriations When the Legislature Is Not in Session

Legislative Budget Procedures: Post-Enactment Budget Revisions and Supplemental Appropriations

Legislative Budget Procedures Executive Summary

Procedures for Supplemental Appropriations When the Legislature Is Not in Session

State or other Jurisdiction	Supplemental Appropriations Are Addressed During Session Only	Supplemental Appropriations Process when Legislature Is not in Session
Alabama	---	Agencies make requests to executive branch officials, appropriation committee members and individual members. The governor introduces a bill in omnibus form and supplementals may be provided from general funds and earmarked funds.
Alaska	x	---
Arizona	x	---
Arkansas	x*	Additional appropriations for federal funds and money maintained outside the state treasury (cash funds) can be obtained during the interim. Agencies make requests to the Department of Finance and Administration, which must approve them. The legislature reviews the requests, budget does not have approval/disapproval authority.
California	x*	*
Colorado	---	Departments make request to the Joint Budget Committee, which can send a letter to the state controller asking that funds be released early.
Connecticut	---	A transfer of funds from one account to another within an agency may be submitted to the Finance Advisory Committee (a joint legislative-executive body) for approval.*
Delaware	x	---
Florida	---	Through budget amendment. Statutes provide specific directions to governor on limits.
Georgia	x	---
Hawaii	x*	---
Idaho	x	---
Illinois	x	---
Indiana	---	Through the State Budget Committee.
Iowa	---	Supplemental appropriations may be made after adjournment through the governor’s transfer authority.
Kansas	---	The state Finance Council* is empowered to make certain budgetary and personnel adjustments when the Legislature is not in session.
Kentucky	---	Through the Interim Joint Committee on Appropriations and Revenue.
Louisiana	---	Through the Joint Legislative Committee on the Budget Interim Emergency Board.
Maine	x*	---
Maryland	---	Special and federal fund appropriations may be increased administratively by budget amendment. Small increases may be provided in general funds from a $750,000 contingency fund that is appropriated each year.
Massachusetts	x	---
Michigan	x	---
Minnesota	x*	---
Mississippi	---	Through the Department of Finance and Administration.*
Missouri	---	Through the Governmental Emergency Fund Committee.*
Montana	---	The "approving authority" (in most instances the governor) may approve appropriations transfers from the second year of the biennium to the first when certain conditions are met.*
Nebraska	x	---
Nevada	---	Through the Interim Finance Committee, which has a small contingency fund that can be accessed for emergency supplemental appropriations. Also, all entitlement programs are appropriated for two years but funds can be transferred between years, so the Legislature can provide supplemental appropriations in the second year.
New Hampshire	x	---
New Jersey	x	---
New Mexico	---	Through the State Board of Finance, which is given authority to spend up to $1.25 million for emergency needs.
New York	x*	---
North Carolina	---	Agencies can apply for money from the contingency and emergency fund. Applications are reviewed and approved or rejected by the General Assembly’s Governmental Operations Committee.
North Dakota	---	Through the State Emergency Commission,* which may approve additional federal or special fund appropriations authority with approval of the Legislative Assembly’s Budget Section.* The Emergency Commission also is appropriated a general fund contingency appropriation from which it may transfer appropriation authority in order to meet state agency emergency or unforeseen needs.
Ohio	x*	---
Oklahoma	x*	---
Oregon	---	By constitution and statute, an Emergency Board* has the authority to allocate funds appropriated to the board, or to modify or establish budgets from dedicated or continuously appropriated funds.
Pennsylvania	x	---
Rhode Island	x	---
South Carolina	x	---
South Dakota	---	The interim appropriations committee, upon the recommendation of the governor, may appropriate additional federal or dedicated funds, but not general funds.
Tennessee	---	Agencies submit supplemental requests to the Commissioner of Finance and Administration. The Commissioner decides how the agency should proceed.
Texas	---	There are mechanisms to change the purpose or timing of existing appropriations during the interim, primarily by joint action of the Legislative Budget Board and the governor.*
Utah	x	---
Vermont	---	There is limited authority to transfer funds between accounts ($25,000 or less). With Emergency Board approval, greater amounts can be transferred. Or, if an agency has a revenue source, it can receive excess receipt spending authority (from the secretary of administration).
Virginia	---	The governor has limited authority to supplement appropriations from an economic contingency account. Conditions for use of the account are specified in the Appropriations Act. In defined circumstances, the governor also may transfer funds for an agency from the second year of a biennium to the first. Amendments reflecting these changes then are enacted during the following session.
Washington	x	---
West Virginia	---	By letter, the governor can increase spending authority on appropriated special revenue funds and federal funds.*
Wisconsin	x*	---
Wyoming	---	Through governor’s transfer authority.
American Samoa	---	---
District of Columbia	---	---
Guam	x	---
Northern Mariana Islands	x*	---
Puerto Rico	x	---
U.S. Virgin Islands	---	---
Total: States	25
Total: States and Territories	28

Source: National Conference of State Legislatures, December 1997.

Key:
- = Not applicable
N/R = No response

*Notes:

Arkansas: Appropriations for general revenue, special revenue and trust funds must be made in session.

California: Supplemental needs are generally not applicable because California employs a full-time legislature. Special sessions, however, may be called; actual appropriations must be done while in session. In addition, the state has a process that automatically appropriates any additional federal funds (with legislative notification). Departments can receive authority to spend at rates exceeding appropriations (deficiency requests), again with legislative approval.

Connecticut: This normally covers the problem until additional appropriations can be made.

Hawaii: If appropriations are required, there would have to be a special session of the Legislature.

Kansas: The state Finance Council comprises the governor, speaker of the House, president of the Senate, House and Senate majority leaders, minority leaders and appropriations and ways and means committee chairs.

Maine: At the governor’s direction, the Bureau of the Budget seeks input on "supplemental needs." The governor then reviews the input and makes final recommendations to the Legislature, when it reconvenes for the second regular session.

Minnesota: In extreme emergencies, there is a small contingency appropriation that can be accessed by the governor with the advice of legislative finance leadership.

Mississippi: 1) If an agency has authority in the Appropriations Bill to escalate funds, then it is allowed to do so through the department. 2) An agency may accelerate spending in anticipation of an additional appropriation when the Legislature is in session. This must be approved by the Department of Finance and Administration.

Missouri: Established by statute, the committee may approve expenditures from the fund when the General Assembly in not in session. The fund may not exceed $150,000 for the fiscal year.

Montana: The process of transferring money appropriated for the second year of the biennium to the first is statutory. All these requests must be reviewed by the Legislative Finance Committee before enactment. Supplemental funds needed in the second year are addressed during the session in a regular bill, which may be expedited.

New York: The executive branch may address agency shortages through statutory transfer authority; however, the Legislature does not address agency requests for supplemental appropriations once the session has ended. Requests for supplemental appropriations and clean-up are addressed in the next session. An emergency session may be called to address a fiscal crisis; however, this is rare.

North Dakota: The Emergency Commission consists of the Legislative Council chair, the House and Senate appropriations committee chairs, the governor, and the secretary of state. The Legislative Assembly’s Budget Section consists of leadership and the House and Senate appropriations committee members.

Ohio: The state is in session year-round and supplemental needs are addressed in bills. In practice, however, there are very few supplemental bills. They usually are the result of the General Assembly requiring new activities for an agency and there usually is one major corrective or supplemental bill in the middle of the biennium for mid-course corrections.

Oklahoma: Supplemental appropriations that are needed outside the regular legislative session must be handled through a "special session" of the Legislature, which can be called by either the governor or the Legislature itself.

Oregon: The Emergency Board consists of nine House members and eight Senate members.

Texas: There are no provisions for additional appropriations.

West Virginia: However, this method cannot be used to establish a new program, to substantially increase an existing program, or to provide for adding a substantial number of personnel to the state payroll.

Wisconsin: Legislature’s Joint Committee on Finance (16 members, eight from each house) has the authority to supplement appropriations and transfer funds between appropriations.

Northern Mariana Islands: The Legislature may hold a special session, or the governor may request a special session to discuss requests for supplemental appropriations. A second budget submission may be made on or before July 1 of each year. Agencies could have a supplemental appropriation request submitted through the Office of Management and Budget before July 1 so that it could be included in the second budget submission.

Posted March 1999, reviewed December 2003.
The publication to which this table belongs, Legislative Budget Procedures: A Guide to Appropriations and Budget Processes in the States, Commonwealths and Territories, is available wholly and solely online.
Email mailto:statebudget-info@ncsl.org?subject=Legislative Budget Procedures: Executive Authority to Cut the Enacted Budget for more information.
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