Stricken language will be deleted and underlined language will be added.
Act 566 of the Regular Session
1 State of Arkansas As Engrossed: H3/7/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1093
4
5 By: Joint Budget Committee
6
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
9 AND OPERATING EXPENSES FOR THE DEPARTMENT OF
10 EDUCATION - ARKANSAS STATE LIBRARY FOR THE FISCAL
11 YEAR ENDING JUNE 30, 2024; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 AN ACT FOR THE DEPARTMENT OF EDUCATION -
16 ARKANSAS STATE LIBRARY APPROPRIATION FOR
17 THE 2023-2024 FISCAL YEAR.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. REGULAR SALARIES. There is hereby established for the
23 Department of Education - Arkansas State Library for the 2023-2024 fiscal
24 year, the following maximum number of regular employees.
25
26 Maximum Annual
27 Maximum Salary Rate
28 Item Class No. of Fiscal Year
29 No. Code Title Employees 2023-2024
30 (1) U031U STATE LIBRARY DIRECTOR 1 GRADE SE01
31 (2) N161N STATE LIBRARY DEPUTY DIRECTOR 1 GRADE GS12
32 (3) E012C STATE LIBRARY DIVISION MANAGER 1 GRADE GS10
33 (4) E021C STATE LIBRARY MANAGER 9 GRADE GS09
34 (5) E030C LIBRARY COORDINATOR 5 GRADE GS08
35 (6) E041C SENIOR LIBRARIAN 7 GRADE GS07
36 (7) A074C FISCAL SUPPORT SUPERVISOR 1 GRADE GS06
*KMW009* 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 (8) E052C LIBRARIAN 3 GRADE GS06
2 (9) P027C PUBLIC INFORMATION SPECIALIST 1 GRADE GS06
3 (10) V014C BUYER 1 GRADE GS05
4 (11) C056C ADMINISTRATIVE SPECIALIST III 2 GRADE GS04
5 (12) A098C FISCAL SUPPORT SPECIALIST 2 GRADE GS04
6 (13) C073C ADMINISTRATIVE SPECIALIST II 2 GRADE GS03
7 (14) C069C LIBRARY TECHNICIAN 5 GRADE GS03
8 (15) C085C LIBRARY SUPPORT ASSISTANT 5 GRADE GS02
9 (16) C088C MAIL SERVICES ASSISTANT 1 GRADE GS02
10 (17) C089C LIBRARY TECHNICAL ASSISTANT 2 GRADE GS01
11 MAX. NO. OF EMPLOYEES 49
12
13 SECTION 2. EXTRA HELP - STATE OPERATIONS. There is hereby authorized,
14 for the Department of Education - Arkansas State Library - State Operations
15 for the 2023-2024 fiscal year, the following maximum number of part-time or
16 temporary employees, to be known as "Extra Help", payable from funds
17 appropriated herein for such purposes: seven (7) temporary or part-time
18 employees, when needed, at rates of pay not to exceed those provided in the
19 Uniform Classification and Compensation Act, or its successor, or this act
20 for the appropriate classification.
21
22 SECTION 3. APPROPRIATION - STATE OPERATIONS. There is hereby
23 appropriated, to the Department of Education, to be payable from the State
24 Library Fund Account, for personal services and operating expenses of the
25 Department of Education - Arkansas State Library - State Operations for the
26 fiscal year ending June 30, 2024, the following:
27
28 ITEM FISCAL YEAR
29 NO. 2023-2024
30 (01) REGULAR SALARIES $1,749,087
31 (02) EXTRA HELP 10,000
32 (03) PERSONAL SERVICES MATCHING 644,998
33 (04) MAINT. & GEN. OPERATION
34 (A) OPER. EXPENSE 1,125,091
35 (B) CONF. & TRAVEL 10,000
36 (C) PROF. FEES 0
2 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 (D) CAP. OUTLAY 0
2 (E) DATA PROC. 0
3 (05) PROMOTIONAL ITEMS 0
4 (06) BOOKS & SUBSCRIPTIONS 230,000
5 TOTAL AMOUNT APPROPRIATED $3,769,176
6
7 SECTION 4. EXTRA HELP - FEDERAL OPERATIONS. There is hereby
8 authorized, for the Department of Education - Arkansas State Library -
9 Federal Operations for the 2023-2024 fiscal year, the following maximum
10 number of part-time or temporary employees, to be known as "Extra Help",
11 payable from funds appropriated herein for such purposes: five (5) temporary
12 or part-time employees, when needed, at rates of pay not to exceed those
13 provided in the Uniform Classification and Compensation Act, or its
14 successor, or this act for the appropriate classification.
15
16 SECTION 5. APPROPRIATION - FEDERAL OPERATIONS. There is hereby
17 appropriated, to the Department of Education, to be payable from the federal
18 funds as designated by the Chief Fiscal Officer of the State, for personal
19 services and operating expenses of the Department of Education - Arkansas
20 State Library - Federal Operations for the fiscal year ending June 30, 2024,
21 the following:
22
23 ITEM FISCAL YEAR
24 NO. 2023-2024
25 (01) REGULAR SALARIES $502,646
26 (02) EXTRA HELP 22,000
27 (03) PERSONAL SERVICES MATCHING 214,844
28 (04) MAINT. & GEN. OPERATION
29 (A) OPER. EXPENSE 2,357,700
30 (B) CONF. & TRAVEL 145,000
31 (C) PROF. FEES 0
32 (D) CAP. OUTLAY 40,000
33 (E) DATA PROC. 0
34 TOTAL AMOUNT APPROPRIATED $3,282,190
35
36 SECTION 6. APPROPRIATION - AID TO PUBLIC LIBRARIES. There is hereby
3 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 appropriated, to the Department of Education, to be payable from the State
2 Library Public School Fund Account, to provide aid to public libraries by the
3 Department of Education - Arkansas State Library - Aid to Public Libraries
4 for the fiscal year ending June 30, 2024, the following:
5
6 ITEM FISCAL YEAR
7 NO. 2023-2024
8 (01) AID TO PUBLIC LIBRARIES $10,000,000
9
10 SECTION 7. APPROPRIATION - GRANTS ADMINISTRATION - CASH. There is
11 hereby appropriated, to the Department of Education, to be payable from the
12 cash fund deposited in the State Treasury as determined by the Chief Fiscal
13 Officer of the State, for operating expenses, grants to libraries, and
14 promotional items by the Department of Education - Arkansas State Library -
15 Grants Administration - Cash for the fiscal year ending June 30, 2024, the
16 following:
17
18 ITEM FISCAL YEAR
19 NO. 2023-2024
20 (01) MAINT. & GEN. OPERATION
21 (A) OPER. EXPENSE $223,000
22 (B) CONF. & TRAVEL 150,000
23 (C) PROF. FEES 0
24 (D) CAP. OUTLAY 0
25 (E) DATA PROC. 0
26 (02) GRANTS TO LIBRARIES 0
27 (03) PROMOTIONAL ITEMS 0
28 TOTAL AMOUNT APPROPRIATED $373,000
29
30 SECTION 8. APPROPRIATION - STATE LIBRARY REVOLVING. There is hereby
31 appropriated, to the Department of Education, to be payable from the State
32 Library Revolving Fund, for operating expenses of the Department of Education
33 - Arkansas State Library - State Library Revolving for the fiscal year ending
34 June 30, 2024, the following:
35
36 ITEM FISCAL YEAR
4 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 NO. 2023-2024
2 (01) MAINT. & GEN. OPERATION
3 (A) OPER. EXPENSE $6,622
4 (B) CONF. & TRAVEL 0
5 (C) PROF. FEES 0
6 (D) CAP. OUTLAY 0
7 (E) DATA PROC. 0
8 TOTAL AMOUNT APPROPRIATED $6,622
9
10 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
11 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
12 CARRY FORWARD. At the close of the fiscal year ending June 30, 2022 2023,
13 any unexpended balance of monies provided from the State Library Fund Account
14 for Books and Subscriptions, as provided in the State Operations
15 Appropriation of this Act, shall be transferred forward and made available
16 for the same purpose for the fiscal year ending June 30, 2023 2024.
17 Any carry forward of unexpended balance of funding as authorized herein,
18 may be carried forward under the following conditions:
19 (1) Prior to June 30, 2023 2024 the Agency shall by written statement
20 set forth its reason(s) for the need to carry forward said funding to the
21 Department of Finance and Administration Office of Budget;
22 (2) The Department of Finance and Administration Office of Budget shall
23 report to the Arkansas Legislative Council all amounts carried forward by the
24 September Arkansas Legislative Council or Joint Budget Committee meeting
25 which report shall include the name of the Agency, Board, Commission or
26 Institution and the amount of the funding carried forward, the program name
27 or line item, the funding source of that appropriation and a copy of the
28 written request set forth in (1) above;
29 (3) Each Agency, Board, Commission or Institution shall provide a
30 written report to the Arkansas Legislative Council or Joint Budget Committee
31 containing all information set forth in item (2) above, along with a written
32 statement as to the current status of the project, contract, purpose etc. for
33 which the carry forward was originally requested no later than thirty (30)
34 days prior to the time the Agency, Board, Commission or Institution presents
35 its budget request to the Arkansas Legislative Council/Joint Budget
36 Committee; and
5 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 (4) Thereupon, the Department of Finance and Administration shall
2 include all information obtained in item (3) above in the budget manuals
3 and/or a statement of non-compliance by the Agency, Board, Commission or
4 Institution.
5 The provisions of this section shall be in effect only from July 1, 2022
6 2023 through June 30, 2023 2024.
7
8 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
9 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
10 TRANSFER OF FUNDS - PROMOTIONAL ITEMS. The Chief Fiscal Officer of the State
11 shall establish upon request from the Arkansas Department of Education -
12 Arkansas State Library a special appropriation line item to be used in the
13 acquisition of promotional items. When the Department of Education -
14 Arkansas State Library wishes to transfer monies from its operating expenses
15 to promotional items, the request shall be forwarded to the Chief Fiscal
16 Officer of the State for processing after prior approval by the Arkansas
17 Legislative Council or Joint Budget Committee. Determining the maximum
18 number of employees and the maximum amount of appropriation and general
19 revenue funding for a state agency each fiscal year is the prerogative of the
20 General Assembly. This is usually accomplished by delineating such maximums
21 in the appropriation act(s) for a state agency and the general revenue
22 allocations authorized for each fund and fund account by amendment to the
23 Revenue Stabilization Law. Further, the General Assembly has determined that
24 the Department of Education - Arkansas State Library may operate more
25 efficiently if some flexibility is provided to the Department of Education -
26 Arkansas State Library authorizing broad powers under this Section.
27 Therefore, it is both necessary and appropriate that the General Assembly
28 maintain oversight by requiring prior approval of the Legislative Council or
29 Joint Budget Committee as provided by this Section. The requirement of
30 approval by the Legislative Council or Joint Budget Committee is not a
31 severable part of this Section. If the requirement of approval by the
32 Legislative Council or Joint Budget Committee is ruled unconstitutional by a
33 court of competent jurisdiction, this entire section is void.
34 The provisions of this section shall be in effect only from July 1, 2022
35 2023 through June 30, 2023 2024.
36
6 03-07-2023 14:54:15 KMW009
 As Engrossed: H3/7/23 HB1093
1 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO ARKANSAS
2 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL, AND TEMPORARY LAW. STATE
3 FUNDING FOR LIBRARIES PROVISIONS.
4 (i) The Department of Education – Arkansas State Library provides
5 grants and aid to Libraries across the state. The Arkansas State Library
6 has developed the Standards for State Aid to public libraries which creates
7 standards public libraries must meet to be eligible for state aid.
8 (ii) The Standards for State Aid to Public Libraries contains the
9 requirement that a public library shall maintain a one-mill county or city
10 property tax, and the requirement that the library have a qualified
11 librarian.
12 (iii) Less populated areas in the State may not have the ability to
13 pass and maintain a one-mill county or city property tax.
14 (iv) Due to the importance that the public library represents to rural
15 communities, the Arkansas State Library shall review and modify the
16 requirements that prevent rural public libraries from receiving state grant
17 and aid that is authorized by the General Assembly, as set out is subsection
18 (v).
19 (v) Therefore, the Arkansas State Library shall promulgate rules that
20 allow a public library to adequately demonstrate a source of revenue in lieu
21 of the requirement to maintain a one-mill county or city property tax.
22 (vi) One month prior to the distribution of state aid to public
23 libraries for the 2025 Fiscal Year, the Arkansas State Library shall report
24 to the Arkansas Legislative Council or Joint Budget Committee, if meeting in
25 legislative session, the revised Standards for State Aid to Public Libraries
26 which shall address in writing the actions taken to address the issues as set
27 out in this section. The report shall include all criteria, including but
28 not limited to how a local public library may become certified to receive
29 funding from the Arkansas State Library.
30 (vii