Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 796 of the Regular Session
 State of Arkansas                    As Engrossed:       H4/8/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1779
 4
 By: Representatives Wooten, K. Ferguson
 By: Senator K. Hammer
 7
                                   For An Act To Be Entitled
                 AN ACT CONCERNING THE IDENTIFICATION AND ELIMINATION
                 OF UNUSED AND UNNECESSARY POSITIONS FROM THE BUDGETS
                 OF STATE AGENCIES; TO DECLARE AN EMERGENCY; AND FOR
                 OTHER PURPOSES.
13
14
                                               Subtitle
                         CONCERNING THE IDENTIFICATION AND
                         ELIMINATION OF UNUSED AND UNNECESSARY
                         POSITIONS FROM THE BUDGETS OF STATE
                         AGENCIES; AND TO DECLARE AN EMERGENCY.
20
21
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
        SECTION 1.        Arkansas Code Title 21, Chapter 5, Subchapter 2, is amended
 to add an additional section to read as follows:
        21-5-226.        Vacant positions  Legislative findings  Reporting
 requirements.
        (a)(1)       The General Assembly finds that determining the maximum amount
 of an appropriation, the purpose for the expenditure of appropriations, and
 funding and personnel for a state agency, state department, or state
 institution each fiscal year is the prerogative of the General Assembly.
                 (2)     Determinations under subdivision (a)(1) of this section are
 typically accomplished by delineating the maximums and purposes in the
 appropriation act for a state agency, including without limitation
 authorizing appropriations for each fund and fund account.
                 (3)     It is both necessary and appropriate that the General
     *MBM124*                                                                   04-08-2021 13:29:24 MBM124
     As Engrossed:       H4/8/21                                                     HB1779
 Assembly maintain oversight by requiring approval of the Legislative Council,
 or the Joint Budget Committee if the General Assembly is in regular, fiscal,
 or extraordinary session, as provided by this section.
               (4)(A)     The requirement of approval by the Legislative Council or
 the Joint Budget Committee under this section is not a severable part of this
 section.
                        (B)    If the requirement of approval under this section is
 found unconstitutional by a court of competent jurisdiction, the entire
 section is void.
      (b)(1)      On or before June 15 of each calendar year, the Office of
 Personnel Management shall identify each position authorized for the use of a
 state agency that has been vacant for two (2) or more years.
               (2)    Positions identified under subdivision (b)(1) of this
 section shall be annually reported to the Personnel Subcommittee of the
 Legislative Council at its first meeting after June 15.
               (3)    A state agency shall not fill or otherwise utilize a
 position identified under subdivision (b)(1) of this section without the
 prior approval of the:
                        (A)    Legislative Council; or
                        (B)    The Joint Budget Committee if the General Assembly is
 in regular, fiscal, or extraordinary session.
               (4)(A)     The office shall submit an updated report of the state
 agency positions that have been vacant for two (2) years or more to the
 Legislative Council and the Joint Budget Committee at least five (5) days
 before the beginning of the presession budget hearings preceding each regular
 session and fiscal session of the General Assembly.
                        (B)    The updated report under subdivision (b)(4)(A) of this
 section shall:
                                (i)    Exclude positions filled or utilized upon the
 approval of the Legislative Council or Joint Budget Committee under
 subdivision (b)(3) of this section; and
                                (ii)   Include any state agency positions vacant for
 two (2) years or more that were subsequently identified by the office.
                        (C)    A state agency shall not request the further
 authorization of a vacant position identified in the report under subdivision
 (b)(4)(A) of this section.
                                                 2               04-08-2021 13:29:24 MBM124
     As Engrossed:       H4/8/21                                                     HB1779
      (c)(1)     If a state agency determines that a position authorized for use
 by the state agency is no longer required for the necessary and efficient
 operation of the state agency, the state agency may submit a request to the
 office that the position be:
                        (A)    Terminated for the remainder of the fiscal year; and
                        (B)    Identified as a position not requested for continued
 authorization at the next presession budget hearings of the Legislative
 Council and Joint Budget Committee preceding each regular session and fiscal
 session of the General Assembly.
               (2)(A)     The office shall submit a report of the state agency
 positions identified as a position not requested for continued authorization
 under subdivision (c)(1) of this section to the Legislative Council and the
 Joint Budget Committee at least five (5) days before the beginning of the
 presession budget hearings preceding each regular session and fiscal session
 of the General Assembly.
                        (B)    A state agency shall not request the further
 authorization of a position identified in the report under subdivision
 (c)(2)(A) of this section.
19
      SECTION 2.        TEMPORARY LANGUAGE.    DO NOT CODIFY.   Study of State
 employee position management, control, and efficiency.
      (a)   The Legislative Council shall study state employee position
 management, control and efficiency to identify means by which the state can
 increase efficiency and transparency in state budgeting through the
 elimination of unnecessary or unused positions at executive branch agencies.
      (b)   The study shall include:
               (1)    Studying possible plans for increasing efficiency and
 transparency in state budgeting by eliminating unnecessary or unused
 positions at state agencies within the executive branch; and
               (2)    Developing recommendations for ways in which the state can
 increase efficiency and transparency in state budgeting.
      (c)   The Legislative Council may assign the study under this section to
 a subcommittee of the Legislative Council.
      (d)   A report summarizing the results of the study shall be filed with
 the Legislative Council no later than December 1, 2022.
36
                                               3               04-08-2021 13:29:24 MBM124
     As Engrossed:    H4/8/21                                                        HB1779
       SECTION 3.    EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that the efficient and effective
 use of state funds is critical to the preservation of the public peace,
 health and safety; that this act allows for the identification and
 elimination of unused and unnecessary state agency positions, which enhances
 the efficient and transparent operation of state government and reflects the
 prudent use of state funds; and that this act should become effective at the
 earliest opportunity to preserve the public peace, health, and safety by
 ensuring that state funds are used appropriately and that unnecessary state
 agency positions may be identified and eliminated to promote the efficient
 and transparent operation of state government.         Therefore, an emergency is
 declared to exist, and this act being immediately necessary for the
 preservation of the public peace, health, and safety shall become effective
 on:
            (1)     The date of its approval by the Governor;
            (2)     If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)     If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
21
                                     /s/Wooten
23
24
                                 APPROVED: 4/20/21
26
27
28
29
30
31
32
33
34
35
36
                                             4                 04-08-2021 13:29:24 MBM124