Bill Summary – FastDemocracy

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                                             Act 491 of the Regular Session
 State of Arkansas                       As Engrossed:       H3/28/23
 94th General Assembly                            A Bill
 Regular Session, 2023                                                                  HOUSE BILL 1105
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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 STATE BOARD OF
                 ELECTION COMMISSIONERS FOR THE FISCAL YEAR ENDING
                 JUNE 30, 2024; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE STATE BOARD OF ELECTION
                           COMMISSIONERS 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 State Board of Election Commissioners 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)    N131N SBEC DIRECTOR                                                 1             GRADE GS12
   (2)    G047C ATTORNEY SPECIALIST                                           1             GRADE GS11
   (3)    G314C ELECTION ADMIN SUPERVISOR                                     1             GRADE GS11
   (4)    G315C ELECTION ADMIN SPECIALIST                                     2             GRADE GS09
   (5)    A116C BUSINESS OPERATIONS MANAGER                                   1             GRADE GS08
   (6)    G119C SBEC EDUCATIONAL SERVICES MANAGER                             1             GRADE GS08
   (7)    C037C ADMINISTRATIVE ANALYST                                        1             GRADE GS06
     *HGK002*                                                                         03-28-2023 15:23:22 HGK002
     As Engrossed:    H3/28/23                                                  HB1105
   (8)   G162C SBEC ELECTION COORDINATOR                   2         GRADE GS06
         MAX. NO. OF EMPLOYEES                            10
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         SECTION 2. EXTRA HELP.    There is hereby authorized, for the State Board
 of Election Commissioners 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:      twenty (20)
 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 State Board of Election Commissioners, to be payable from the
 Miscellaneous Agencies Fund Account, for personal services and operating
 expenses of the State Board of Election Commissioners for the fiscal year
 ending June 30, 2024, the following:
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 ITEM                                                               FISCAL YEAR
  NO.                                                                 2023-2024
 (01)    REGULAR SALARIES                                              $602,867
 (02)    EXTRA HELP                                                     100,000
 (03)    PERSONAL SERVICES MATCHING                                     214,987
 (04)    MAINT. & GEN. OPERATION
         (A) OPER. EXPENSE                                              162,810
         (B) CONF. & TRAVEL                                               5,000
         (C) PROF. FEES                                                   5,000
         (D) CAP. OUTLAY                                                      0
         (E) DATA PROC.                                                       0
         TOTAL AMOUNT APPROPRIATED                                   $1,090,664
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         SECTION 4. APPROPRIATION - ELECTION EXPENSES. There is hereby
 appropriated, to the State Board of Election Commissioners, to be payable
 from the Miscellaneous Agencies Fund Account, for covering the costs of
 election expenses of the State Board of Election Commissioners for the fiscal
 year ending June 30, 2024, the sum of.............................$6,340,000.
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     As Engrossed:    H3/28/23                                                 HB1105
       SECTION 5. APPROPRIATION - NONPARTISAN GENERAL ELECTION. There is
 hereby appropriated, to the State Board of Election Commissioners, to be
 payable from the Nonpartisan Filing Fee Fund, for covering the costs of
 election expenses by the State Board of Election Commissioners for the fiscal
 year ending June 30, 2024, the sum of.............................$1,600,000.
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       SECTION 6. SPECIAL LANGUAGE.   NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 CARRY FORWARD – ELECTION EXPENSES. At the close of the fiscal year ending
 June 30, 2023 2024, any unexpended balance of monies provided for Election
 Expenses, shall be transferred forward and made available for the same
 purpose for the fiscal year ending June 30, 2024 2025.
 Any carry forward of unexpended balance of funding as authorized herein, may
 be carried forward under the following conditions:
 (1)   Prior to June 30, 2023 2024 the Agency shall by written statement set
 forth its reason(s) for the need to carry forward said funding to the
 Department of Finance and Administration Office of Budget;
 (2)   The Department of Finance and Administration Office of Budget shall
 report to the Arkansas Legislative Council all amounts carried forward by the
 September Arkansas Legislative Council or Joint Budget Committee meeting
 which report shall include the name of the Agency, Board, Commission or
 Institution and the amount of the funding carried forward, the program name
 or line item, the funding source of that appropriation and a copy of the
 written request set forth in (1) above;
 (3)   Each Agency, Board, Commission or Institution shall provide a written
 report to the Arkansas Legislative Council or Joint Budget Committee
 containing all information set forth in item (2) above, along with a written
 statement as to the current status of the project, contract, purpose etc. for
 which the carry forward was originally requested no later than thirty (30)
 days prior to the time the Agency, Board, Commission or Institution presents
 its budget request to the Arkansas Legislative Council/Joint Budget
 Committee; and
 (4)   Thereupon, the Department of Finance and Administration shall include
 all information obtained in item (3) above in the biennial budget manuals
 and/or a statement of non-compliance by the Agency, Board, Commission or
 Institution.
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     As Engrossed:       H3/28/23                                                  HB1105
   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 7. SPECIAL LANGUAGE – CODE AMENDMENT.         Arkansas Code Title 7,
 Chapter 4, Subchapter 1, is amended to add an additional section to codify
 special language in appropriation acts to read as follows:
      7-4-123.       Use of election expenses appropriation – Transfer of funds.
      (a)   Funds appropriated for election expenses may be used to cover the
 expenses of the State Board of Election Commissioners and any county board of
 election commissioners to conduct:
               (1)    Preferential primary elections;
               (2)    General primary elections;
               (3)    Special primary elections;
               (4)    Nonpartisan general elections; and
               (5)    Statewide special elections.
               (6) All training which the State Board of Election Commissioners
 is required by law to provide; and
               (7) The development, publication, hosting of training material
 online, or dissemination of materials related to a training which the State
 Board of Election Commissioners is required by law to provide.
      (b)   The Director of the State Board of Election Commissioners shall
 certify to the Chief Fiscal Officer of the State the amount needed to pay the
 expenses of the election if:
               (1)    The State Board of Election Commissioners is required to pay
 the expenses for any state-supported election in subsection (a) of this
 section; and
               (2)    Funds are not available to pay for such elections.
      (c)(1)      Upon the approval of the Chief Fiscal Officer of the State, the
 amount certified by the director under subsection (a) of this section shall
 be transferred from the Budget Stabilization Trust Fund to the Miscellaneous
 Agencies Fund Account for the benefit of the State Board of Election
 Commissioners.
               (2)    All unused funds transferred under subdivision (c)(1) of
 this section shall be transferred back to the Budget Stabilization Trust Fund
 at the end of each fiscal year.
               (3)    The Chief Fiscal Officer of the State shall initiate the
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     As Engrossed:     H3/28/23                                                   HB1105
 necessary transfer documents to reflect all such transfers in the fiscal
 records of the:
                     (A)   Auditor of State;
                     (B)   Treasurer of State; and
                     (C)   Chief Fiscal Officer of the State.
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      SECTION 8. SPECIAL LANGUAGE.      NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 TRANSFER. If funds are not available for the State Board of Election
 Commissioners to perform their duties, the Director of the State Board of
 Election Commissioners may from time to time certify to the Chief Fiscal
 Officer of the State the amount of funds needed and the Chief Fiscal Officer
 of the State shall transfer the certified amount from the Nonpartisan Filing
 Fee Fund to the Miscellaneous Agencies Fund for use by the State Board of
 Election Commissioners.
      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 9. COMPLIANCE WITH OTHER LAWS.         Disbursement of funds
 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 10. 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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     As Engrossed:   H3/28/23                                                     HB1105
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      SECTION 11. 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: 4/10/23
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