Bill Summary – FastDemocracy

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                                             Act 855 of the Regular Session
 State of Arkansas                       As Engrossed:       S3/27/23
 94th General Assembly                            A Bill
 Regular Session, 2023                                                                     SENATE BILL 11
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
                 AND OPERATING EXPENSES FOR THE OFFICE OF THE GOVERNOR
                 AND FUNDS TO ALLEVIATE CONDITIONS ARISING IN PUBLIC
                 EMERGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2024;
                 AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE OFFICE OF THE GOVERNOR
                           APPROPRIATION FOR THE 2023-2024 FISCAL
                           YEAR.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. REGULAR SALARIES - OPERATIONS.                     There is hereby established
 for the Office of the Governor for the 2023-2024 fiscal year, the following
 maximum number of regular employees.
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                                                                                         Maximum Annual
                                                                    Maximum               Salary Rate
  Item    Class                                                      No. of               Fiscal Year
   No.    Code       Title                                        Employees                     2023-2024
   (1)    Q420U        OFFICE OF THE GOV CHIEF OF STAFF                              1      GRADE SE04
   (2)    Q421U        OFFICE OF THE GOV DEPUTY CHIEF OF STAFF                       2      GRADE SE03
   (3)    Q422U        OFFICE OF THE GOV PUBLIC AFFAIRS DIRECTOR                     1      GRADE SE03
   (4)    Q423U        OFFICE OF THE GOV CHIEF LEGAL COUNSEL                         1      GRADE SE03
   (5)    Q123U        GOV OFC EXECUTIVE SECRETARY                                   1      GRADE SE01
   (6)    Q133U        GOV OFC CHIEF LEGAL COUNSEL                                   1      GRADE GS15
     *JAR032*                                                                         03-27-2023 15:18:00 JAR032
     As Engrossed:    S3/27/23                                                     SB11
   (7)   Q022U    GOV OFC SR. MANAGEMENT ASSISTANT              7     GRADE GS14
   (8)   Q081U    GOV OFC SR. EXECUTIVE ASSISTANT               4     GRADE GS13
   (9)   Q121U    GOV OFC MANAGER OFFICER ADMIN                  1    GRADE GS12
  (10)   Q050U    GOV OFC EXECUTIVE ASSISTANT II                4     GRADE GS11
  (11)   Q120U    GOV OFC EXECUTIVE ASSISTANT I                 5     GRADE GS10
  (12)   Q068U    GOV OFC MANAGEMENT SPECIALIST                12     GRADE GS09
  (13)   Q115U    GOV OFC ADMINISTRATIVE ASSISTANT III          2     GRADE GS08
  (14)   Q076U    GOV OFC ADMINISTRATIVE ASSISTANT II          14     GRADE GS07
  (15)   Q114U    GOV OFC ADMINISTRATIVE ASSISTANT I             4    GRADE GS06
         MAX. NO. OF EMPLOYEES                                  60
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         SECTION 2. EXTRA HELP - OPERATIONS.   There is hereby authorized, for
 the Office of the Governor for the 2023-2024 fiscal year, the following
 maximum number of part-time or temporary employees, to be known as "Extra
 Help", payable from funds appropriated herein for such purposes:      seven (7)
 temporary or part-time employees, when needed, at rates of pay not to exceed
 those provided in the Uniform Classification and Compensation Act, or its
 successor, or this act for the appropriate classification.
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         SECTION 3. APPROPRIATION - OPERATIONS.     There is hereby appropriated,
 to the Office of the Governor, to be payable from the State Central Services
 Fund, for personal services and operating expenses of the Office of the
 Governor for the fiscal year ending June 30, 2024, the following:
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 ITEM                                                                FISCAL YEAR
  NO.                                                                 2023-2024
 (01)    REGULAR SALARIES                                             $4,159,629
 (02)    EXTRA HELP                                                        8,789
 (03)    PERSONAL SERVICES MATCHING                                   1,372,341
 (04)    MAINT. & GEN. OPERATION
         (A) OPER. EXPENSE                                               446,706
         (B) CONF. & TRAVEL                                               15,200
         (C) PROF. FEES                                                   14,000
         (D) CAP. OUTLAY                                                       0
         (E) DATA PROC.                                                        0
         TOTAL AMOUNT APPROPRIATED                                    $6,016,665
                                          2                  03-27-2023 15:18:00 JAR032
     As Engrossed:     S3/27/23                                                     SB11
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        SECTION 4. APPROPRIATION - GOVERNOR'S EMERGENCY PROCLAMATION.      There is
 hereby appropriated, to the Office of the Governor, to be payable from the
 Miscellaneous Revolving Fund, for the purpose provided by Arkansas Code 19-2-
 404, for the fiscal year ending June 30, 2024, the following:
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 ITEM                                                                FISCAL YEAR
  NO.                                                                  2023-2024
 (01)   GOVERNOR'S EMERGENCY PROCLAMATION                               $500,000
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        SECTION 5. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 TRANSFER PROVISION.     After receiving approval from the Chief Fiscal Officer
 of the State, and prior review by the Arkansas Legislative Council or Joint
 Budget Committee, the Agency is authorized to transfer appropriation from any
 line item authorized in Operations Appropriation of the Governor’s Office in
 this Act to any other line item authorized in Operations Appropriation.
    The provisions of this section shall be in effect only from July 1, 2022
 2023 through June 30, 2023 2024.
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        SECTION 6. SPECIAL LANGUAGE.    CODE AMENDMENT.    Arkansas Code Title 25,
 Chapter 16, Subchapter 2, is amended to add an additional section to codify
 special language in appropriation acts to read as follows:
        25-16-207.    Maximum salary increase.
        To recruit and retain exceptionally well-qualified personnel, the
 office of the Governor may exceed the maximum salary level of personnel if:
             (1)     The maximum salary is increased by no more than twenty
 percent (20%);
             (2)     The maximum salary increase is requested for no more than
 one-third (1/3) of the positions authorized in the operation appropriation
 act for the office of the Governor; and
             (3)     The Office of the Governor receives approval for the maximum
 salary increase from the Legislative Council or, if the General Assembly is
 in session, the Joint Budget Committee.
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        SECTION 7. COMPLIANCE WITH OTHER LAWS.    Disbursement of funds
                                           3                  03-27-2023 15:18:00 JAR032
     As Engrossed:   S3/27/23                                                     SB11
 authorized by this act shall be limited to the appropriation for such agency
 and funds made available by law for the support of such appropriations; and
 the restrictions of the State Procurement Law, the General Accounting and
 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
 Procedures and Restrictions Act, or their successors, and other fiscal
 control laws of this State, where applicable, and regulations promulgated by
 the Department of Finance and Administration, as authorized by law, shall be
 strictly complied with in disbursement of said funds.
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      SECTION 8. LEGISLATIVE INTENT.     It is the intent of the General
 Assembly that any funds disbursed under the authority of the appropriations
 contained in this act shall be in compliance with the stated reasons for
 which this act was adopted, as evidenced by the Agency Requests, Executive
 Recommendations and Legislative Recommendations contained in the budget
 manuals prepared by the Department of Finance and Administration, letters, or
 summarized oral testimony in the official minutes of the Arkansas Legislative
 Council or Joint Budget Committee which relate to its passage and adoption.
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      SECTION 9. EMERGENCY CLAUSE.   It is found and determined by the General
 Assembly, that the Constitution of the State of Arkansas prohibits the
 appropriation of funds for more than a one (1) year period; that the
 effectiveness of this Act on July 1, 2023 is essential to the operation of
 the agency for which the appropriations in this Act are provided, and that in
 the event of an extension of the legislative session, the delay in the
 effective date of this Act beyond July 1, 2023 could work irreparable harm
 upon the proper administration and provision of essential governmental
 programs. Therefore, an emergency is hereby declared to exist and this Act
 being necessary for the immediate preservation of the public peace, health
 and safety shall be in full force and effect from and after July 1, 2023.
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                            /s/Joint Budget Committee
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                               APPROVED: 4/13/23
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                                         4                  03-27-2023 15:18:00 JAR032