54-44.1-12. Control over rate of expenditures

54-44.1-12. Control over rate of expenditures 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.