Budget for Commerce Dept. - Workforce Services Division FY 2021-2022, Exams of Law

Download Budget for Commerce Dept. - Workforce Services Division FY 2021-2022 and more Exams Law in PDF only on Docsity! Stricken language will be deleted and underlined language will be added. Act 770 of the Regular Session *MAH013* 04-05-2021 10:41:11 MAH013 State of Arkansas As Engrossed: S3/4/21 S4/5/21 1 93rd General Assembly A Bill 2 Regular Session, 2021 SENATE BILL 67 3 4 By: Joint Budget Committee 5 6 For An Act To Be Entitled 7 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 8 AND OPERATING EXPENSES FOR THE DEPARTMENT OF COMMERCE 9 - DIVISION OF WORKFORCE SERVICES FOR THE FISCAL YEAR 10 ENDING JUNE 30, 2022; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 AN ACT FOR THE DEPARTMENT OF COMMERCE - 15 DIVISION OF WORKFORCE SERVICES 16 APPROPRIATION FOR THE 2021-2022 FISCAL 17 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 Commerce - Division of Workforce Services for the 2021-2022 24 fiscal 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 2021-2022 30 (1) U037U ACOM DWS DIRECTOR 1 GRADE SE03 31 (2) U065U ACOM DEPUTY DIRECTOR 1 GRADE SE01 32 (3) U070U ACOM DWS DEPUTY DIRECTOR 2 GRADE SE01 33 (4) U036U AR APPEALS TRIBUNAL CHAIRMAN 1 GRADE SE01 34 (5) U076U DWS WORKFORCE INVESTMENT DIRECTOR 1 GRADE SE01 35 (6) D002N STATE DATABASE ADMINISTRATOR LEAD 1 GRADE IT11 36 As Engrossed: S3/4/21 S4/5/21 SB67 2 04-05-2021 10:41:11 MAH013 (7) D007C INFORMATION SYSTEMS MANAGER 3 GRADE IT08 1 (8) D017C INFORMATION SYS SECURITY SPECIALIST 1 GRADE IT07 2 (9) D038C SENIOR SOFTWARE SUPPORT ANALYST 16 GRADE IT06 3 (10) D022C SYSTEMS SPECIALIST 2 GRADE IT06 4 (11) D061C INFORMATION SYSTEMS COORD SPECIALIST 2 GRADE IT05 5 (12) D052C SOFTWARE SUPPORT ANALYST 7 GRADE IT05 6 (13) D062C DATABASE ANALYST 1 GRADE IT04 7 (14) D071C COMPUTER SUPPORT ANALYST 2 GRADE IT03 8 (15) G007N ACOM DWS GENERAL COUNSEL 1 GRADE GS14 9 (16) G017N ACOM DWS ASST DIR - TANF 1 GRADE GS13 10 (17) N051N ACOM DWS ASST DIR, EMPLOYMENT ASSIST 1 GRADE GS13 11 (18) N050N ACOM DWS ASST DIR, FIN MANAGEMENT 1 GRADE GS13 12 (19) N049N ACOM DWS ASST DIR, INFO AND TECH 1 GRADE GS13 13 (20) N074N ACOM DWS ASST DIR, UNEMPLOYMENT INS 1 GRADE GS13 14 (21) G010C ACOM DIVISION MANAGER 2 GRADE GS12 15 (22) G016N ACOM DWS ASST DIR GRANTS RES ADMIN 1 GRADE GS12 16 (23) A015C ACOM DWS DIR INTERNAL AUDIT & SECURITY 1 GRADE GS12 17 (24) P007N ACOM DWS DIRECTOR OF COMMUNICATIONS 1 GRADE GS12 18 (25) G020C ACOM DWS PROGRAM ADMINISTRATOR 3 GRADE GS12 19 (26) A021C AGENCY CONTROLLER I 1 GRADE GS12 20 (27) A014C FISCAL DIVISION MANAGER 1 GRADE GS12 21 (28) R006C HUMAN RESOURCES ADMINISTRATOR 1 GRADE GS12 22 (29) A031C ASSISTANT CONTROLLER 3 GRADE GS11 23 (30) G047C ATTORNEY SPECIALIST 2 GRADE GS11 24 (31) G068C ACOM DWS AREA OPERATIONS CHIEF 7 GRADE GS10 25 (32) E074C ACOM PROGRAM COORDINATOR 2 GRADE GS10 26 (33) G076C ADMINISTRATIVE SERVICES MANAGER 1 GRADE GS10 27 (34) G073C ATTORNEY 8 GRADE GS10 28 (35) G288C ACOM DWS DIVISION MANAGER 4 GRADE GS09 29 (36) R015C ACOM DWS EQUAL OPPORTUNITY MANAGER 1 GRADE GS09 30 (37) G243C ACOM DWS FIELD MANAGER III 2 GRADE GS09 31 (38) G110C ACOM DWS PROGRAM MANAGER 9 GRADE GS09 32 (39) E075C ACOM PROGRAM ADVISOR 9 GRADE GS09 33 (40) R019C BUDGET MANAGER 1 GRADE GS09 34 (41) G109C GRANTS MANAGER 2 GRADE GS09 35 (42) G081C ACOM DWS DIVISION CHIEF 1 GRADE GS08 36 As Engrossed: S3/4/21 S4/5/21 SB67 5 04-05-2021 10:41:11 MAH013 (05) MAINT. & GEN. OPERATION 1 (A) OPER. EXPENSE 19,335,741 2 (B) CONF. & TRAVEL 705,440 3 (C) PROF. FEES 3,000,000 4 (D) CAP. OUTLAY 0 5 (E) DATA PROC. 0 6 TOTAL AMOUNT APPROPRIATED $76,994,702 7 8 SECTION 3. APPROPRIATION - UNEMPLOYMENT BENEFITS AND EXPENSES - CASH. 9 There is hereby appropriated, to the Department of Commerce, to be payable 10 from cash funds as defined by Arkansas Code 19-4-801, for unemployment 11 benefit payments and other expenses including, disaster relief payments, 12 training allowances, payments to participant contractors and Unemployment 13 Insurance Trust Fund loan repayments by the Department of Commerce - Division 14 of Workforce Services - Unemployment Benefits and Expenses - Cash for the 15 fiscal year ending June 30, 2022, the following: 16 17 ITEM FISCAL YEAR 18 NO. 2021-2022 19 (01) DISASTER RELIEF PAYMENTS $4,000,000 20 (02) FEDERALLY PAID BENEFITS PAYMENTS 3,000,000,000 21 (03) U I BENEFITS - REIMBURSABLE EMPLOYERS 20,000,000 22 (04) U I BENEFITS - TAXABLE EMPLOYERS 2,000,000,000 23 (05) TRAINING ALLOWANCES 4,000,000 24 (06) PAYMENTS TO PART CONTRACTORS 150,000 25 (07) UI ADVANCE REPAYMENT 1 26 TOTAL AMOUNT APPROPRIATED $5,028,150,001 27 28 SECTION 4. APPROPRIATION - ANNUAL ASSESSMENTS. There is hereby 29 appropriated, to the Department of Commerce, to be payable from the Division 30 of Workforce Services Special Fund, for payment of the annual assessment to 31 maintain voting member rights in the National Association of Workforce 32 Agencies by the Department of Commerce - Division of Workforce Services - 33 Annual Assessments for the fiscal year ending June 30, 2022, the following: 34 35 ITEM FISCAL YEAR 36 As Engrossed: S3/4/21 S4/5/21 SB67 6 04-05-2021 10:41:11 MAH013 NO. 2021-2022 1 (01) ANNUAL ASSESSMENT $26,000 2 3 SECTION 5. APPROPRIATION - EXCESS UNEMPLOYMENT BENEFITS AND EXPENSES. 4 There is hereby appropriated, to the Department of Commerce, to be payable 5 from the Division of Workforce Services Special Fund, for construction, 6 personal services and matching, maintenance and general operating expenses 7 for the Administration Building and all other agency owned buildings, 8 building and land acquisition, rent of buildings, and payment of unemployment 9 benefits and expenses incurred by the Department of Commerce - Division of 10 Workforce Services in the administration of the Division of Workforce 11 Services Law, the Temporary Assistance for Needy Families Program, the 12 Arkansas Workforce Innovation and Opportunity Act and the Arkansas Works Act 13 of 2016, or their successor programs and any other programs transferred under 14 the direction and supervision of the Division of Workforce Services, when 15 such expenses exceed funds available from other sources by the Department of 16 Commerce - Division of Workforce Services - Excess Unemployment Benefits and 17 Expenses for the fiscal year ending June 30, 2022, the following: 18 19 ITEM FISCAL YEAR 20 NO. 2021-2022 21 (01) CONSTRUCTION $0 22 (02) RENT OF BUILDINGS 0 23 (03) PAYMENT/EXPENSES 10,000,000 24 TOTAL AMOUNT APPROPRIATED $10,000,000 25 26 SECTION 6. APPROPRIATION - WORKFORCE INNOVATION AND OPPORTUNITY ACT. 27 There is hereby appropriated, to the Department of Commerce, to be payable 28 from the federal funds as designated by the Chief Fiscal Officer of the 29 State, for grant payments of the Workforce Innovation and Opportunity Act by 30 the Department of Commerce - Division of Workforce Services - Workforce 31 Innovation and Opportunity Act for the fiscal year ending June 30, 2022, the 32 following: 33 34 ITEM FISCAL YEAR 35 NO. 2021-2022 36 As Engrossed: S3/4/21 S4/5/21 SB67 7 04-05-2021 10:41:11 MAH013 (01) WORKFORCE INNOVATION AND OPPORTUNITY 1 ACT PAYMENTS $40,000,000 2 3 SECTION 7. APPROPRIATION - U I TRUST FUND INTEREST/UNEMPLOYMENT 4 INSURANCE. There is hereby appropriated, to the Department of Commerce, to 5 be payable from the Employment Security Advance Interest Trust Fund, for 6 paying interest incurred by the state on advances from the Federal 7 Unemployment Trust Fund, making refunds of advance interest taxes or interest 8 and penalty payments which were erroneously paid, and returning moneys to the 9 Unemployment Compensation Fund Clearing Account which were incorrectly 10 identified and erroneously transferred, if needed by the Department of 11 Commerce - Division of Workforce Services - UI Trust Fund 12 Interest/Unemployment Insurance for the fiscal year ending June 30, 2022, the 13 following: 14 15 ITEM FISCAL YEAR 16 NO. 2021-2022 17 (01) U I TRUST FUND INTEREST $3,000,000 18 (02) LOAN INTEREST 1 19 TOTAL AMOUNT APPROPRIATED $3,000,001 20 21 SECTION 8. APPROPRIATION - REED ACT FUNDS. There is hereby 22 appropriated, to the Department of Commerce, to be payable from cash funds as 23 defined by Arkansas Code 19-4-801, for construction, improvement of 24 buildings, rent and lease costs, acquisition of data processing equipment, 25 acquisition of land, payment of salaries and related benefits, maintenance 26 and general operation and for the payment of unemployment insurance benefits, 27 or as prescribed by the Social Security Act by the Department of Commerce - 28 Division of Workforce Services - Reed Act Funds for the fiscal year ending 29 June 30, 2022, the following: 30 31 ITEM FISCAL YEAR 32 NO. 2021-2022 33 (01) REED ACT FUNDS $3,100,000 34 35 SECTION 9. APPROPRIATION - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 36 As Engrossed: S3/4/21 S4/5/21 SB67 10 04-05-2021 10:41:11 MAH013 ITEM FISCAL YEAR 1 NO. 2021-2022 2 (01) WORKFORCE DEVELOPMENT GRANT $4,500,000 3 4 SECTION 15. APPROPRIATION - TRADE ADJUSTMENT ASSISTANCE PROGRAM. There 5 is hereby appropriated, to the Department of Commerce, to be payable from the 6 cash fund deposited in the State Treasury as determined by the Chief Fiscal 7 Officer of the State, for Payments of the Trade Adjustment Assistance Program 8 by of the Department of Commerce - Division of Workforce Services - Trade 9 Adjustment Assistance Program for the fiscal year ending June 30, 2022, the 10 following: 11 12 ITEM FISCAL YEAR 13 NO. 2021-2022 14 (01) RTA/ATAA PAYMENTS $100,000 15 (02) TAA SUPPORTIVE SERVICES 100,000 16 (03) TAA VENDOR PAYMENTS 7,850,000 17 TOTAL AMOUNT APPROPRIATED $8,050,000 18 19 SECTION 16. APPROPRIATION - ADULT EDUCATION ADMINISTRATION - 20 OPERATIONS. There is hereby appropriated, to the Department of Commerce, to 21 be payable from the Division of Workforce Services Fund, for personal 22 services and operating expenses of the Department of Commerce - Division of 23 Workforce Services - Adult Education Administration - Operations for the 24 fiscal year ending June 30, 2022, the following: 25 26 ITEM FISCAL YEAR 27 NO. 2021-2022 28 (01) REGULAR SALARIES $751,731 29 (02) EXTRA HELP 7,000 30 (03) PERSONAL SERVICES MATCHING 252,071 31 (04) MAINT. & GEN. OPERATION 32 (A) OPER. EXPENSE 190,000 33 (B) CONF. & TRAVEL 10,500 34 (C) PROF. FEES 0 35 (D) CAP. OUTLAY 0 36 As Engrossed: S3/4/21 S4/5/21 SB67 11 04-05-2021 10:41:11 MAH013 (E) DATA PROC. 0 1 TOTAL AMOUNT APPROPRIATED $1,211,302 2 3 SECTION 17. APPROPRIATION - ADULT BASIC EDUCATION. There is hereby 4 appropriated, to the Department of Commerce, to be payable from the Division 5 of Workforce Services Fund, for personal services and operating expenses of 6 the Department of Commerce - Division of Workforce Services - Adult Basic 7 Education for the fiscal year ending June 30, 2022, the following: 8 9 ITEM FISCAL YEAR 10 NO. 2021-2022 11 (01) REGULAR SALARIES $415,334 12 (02) PERSONAL SERVICES MATCHING 136,073 13 (03) MAINT. & GEN. OPERATION 14 (A) OPER. EXPENSE 24,507 15 (B) CONF. & TRAVEL 0 16 (C) PROF. FEES 0 17 (D) CAP. OUTLAY 0 18 (E) DATA PROC. 0 19 TOTAL AMOUNT APPROPRIATED $575,914 20 21 SECTION 18. APPROPRIATION - FEDERAL ADULT BASIC EDUCATION. There is 22 hereby appropriated, to the Department of Commerce, to be payable from the 23 federal funds as designated by the Chief Fiscal Officer of the State, for 24 personal services, operating expenses and grants by the Department of 25 Commerce - Division of Workforce Services - Federal Adult Basic Education for 26 the fiscal year ending June 30, 2022, the following: 27 28 ITEM FISCAL YEAR 29 NO. 2021-2022 30 (01) REGULAR SALARIES $423,612 31 (02) PERSONAL SERVICES MATCHING 137,148 32 (03) MAINT. & GEN. OPERATION 33 (A) OPER. EXPENSE 132,467 34 (B) CONF. & TRAVEL 50,200 35 (C) PROF. FEES 9,000 36 As Engrossed: S3/4/21 S4/5/21 SB67 12 04-05-2021 10:41:11 MAH013 (D) CAP. OUTLAY 0 1 (E) DATA PROC. 0 2 (04) ADULT BASIC EDUCATION GRANTS 10,369,442 3 TOTAL AMOUNT APPROPRIATED $11,121,869 4 5 SECTION 19. APPROPRIATION - GOVERNOR'S COMMISSION ON ADULT LITERACY. 6 There is hereby appropriated, to the Department of Commerce, to be payable 7 from the Division of Career and Technical Education Public School Fund 8 Account, for personal services, operating expenses, and grants by the 9 Department of Commerce - Division of Workforce Services - Governor's 10 Commission on Adult Literacy for the fiscal year ending June 30, 2022, the 11 following: 12 13 ITEM FISCAL YEAR 14 NO. 2021-2022 15 (01) REGULAR SALARIES $27,191 16 (02) PERSONAL SERVICES MATCHING 8,574 17 (03) MAINT. & GEN. OPERATION 18 (A) OPER. EXPENSE 52,242 19 (B) CONF. & TRAVEL 6,005 20 (C) PROF. FEES 0 21 (D) CAP. OUTLAY 0 22 (E) DATA PROC. 0 23 (04) GRANTS TO LITERACY COUNCILS 675,000 24 TOTAL AMOUNT APPROPRIATED $769,012 25 26 SECTION 20. APPROPRIATION - ADULT BASIC AND GENERAL EDUCATION. There 27 is hereby appropriated, to the Department of Commerce, to be payable from the 28 Division of Career and Technical Education Public School Fund Account, for 29 Adult Basic and General Adult Education grants and aid by the Department of 30 Commerce - Division of Workforce Services - Adult Basic and General Education 31 for the fiscal year ending June 30, 2022, the following: 32 33 ITEM FISCAL YEAR 34 NO. 2021-2022 35 (01) ADULT BASIC & GENERAL ADULT EDUCATION $20,920,569 36 As Engrossed: S3/4/21 S4/5/21 SB67 15 04-05-2021 10:41:11 MAH013 operation of central and local offices, payment of unemployment insurance 1 benefits, or as otherwise prescribed in Section 903 of the Social Security 2 Act, as amended. 3 The amount obligated pursuant to this Act shall not exceed the amount by 4 which (a) the aggregate of the amounts transferred to the account of this 5 State pursuant to Section 903 of the Social Security Act exceeds (b) the 6 aggregate of the amounts used by this State and charged against the amounts 7 transferred to the account of this State. 8 The provisions of this section shall be in effect only from July 1, 2020 9 2021 through June 30, 2021 2022. 10 11 SECTION 25. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 12 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 13 ADDITIONAL POSITIONS. The Director of the Department Division of Workforce 14 Services, after receiving the approval of the Office of Personnel Management, 15 and after seeking the prior review by the Arkansas Legislative Council or 16 Joint Budget Committee, shall have the authority to establish such new or 17 additional full time positions as may become necessary to carry out the 18 objectives of the program and/or to meet Federal requirements of new and/or 19 expanded programs where such needs are financed by federal funds; provided 20 that not more than two hundred persons may be employed in addition to those 21 authorized in the salary schedule and that the rate of pay shall not exceed 22 those set out in the salary schedule for comparable positions as authorized 23 under the provisions of the Regular Salaries section of this Act. 24 If the agency requests continuation of a "Growth Pool" position(s) as 25 established herein, the position(s) must be requested as a new position(s) in 26 the agency’s budget request. 27 The provisions of this section shall be in effect only from July 1, 2020 28 2021 through June 30, 2021 2022. 29 30 SECTION 26. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 31 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 32 OF APPROPRIATION. Subject to such rules and regulations as may be 33 implemented by the Chief Fiscal Officer of the State and after having sought 34 the prior approval by the Arkansas Legislative Council or Joint Budget 35 Committee, the Director of the Department Division of Workforce Services is 36 As Engrossed: S3/4/21 S4/5/21 SB67 16 04-05-2021 10:41:11 MAH013 hereby authorized to make transfers from any appropriation made by this Act 1 to any other appropriation made by this Act with the exception of the "Reed 2 Act Funds" appropriations set forth in the Reed Act Funds appropriation 3 section of this Act, and of the appropriation made for Regular Salaries or 4 Maintenance and General Operation. Such transfers may be made whenever it 5 appears, by projecting the expenditures of any of the appropriations in this 6 Act, that there will be a deficiency of appropriation in one item and that 7 there will be a corresponding excess of appropriation in another item or 8 items which may be transferred. The transfer of appropriation shall be 9 effected only on approval of the Chief Fiscal Officer of the State. Provided, 10 however, that no transfer of appropriations may be authorized to increase the 11 total amount appropriated for Regular Salaries, or Maintenance and General 12 Operations, except as may be authorized elsewhere by law. 13 Determining the maximum number of employees and the maximum amount of 14 appropriation and general revenue funding for a state agency each fiscal year 15 is the prerogative of the General Assembly. This is usually accomplished by 16 delineating such maximums in the appropriation act(s) for a state agency and 17 the general revenue allocations authorized for each fund and fund account by 18 amendment to the Revenue Stabilization law. Further, the General Assembly 19 has determined that the Department Division of Workforce Services may operate 20 more efficiently if some flexibility is provided to the Department Division 21 of Workforce Services authorizing broad powers under this Section. Therefore, 22 it is both necessary and appropriate that the General Assembly maintain 23 oversight by requiring prior approval of the Legislative Council or Joint 24 Budget Committee as provided by this section. The requirement of approval by 25 the Legislative Council or Joint Budget Committee is not a severable part of 26 this section. If the requirement of approval by the Legislative Council or 27 Joint Budget Committee is ruled unconstitutional by a court of competent 28 jurisdiction, this entire section is void. 29 The provisions of this section shall be in effect only from July 1, 2020 30 2021 through June 30, 2021 2022. 31 32 SECTION 27. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 33 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. INTER-34 AGENCY TRANSFER OF STATE GENERAL REVENUE FOR THE TEMPORARY ASSISTANCE FOR 35 NEEDY FAMILIES (TANF) PROGRAMS. Upon the request of the Director Secretary 36 As Engrossed: S3/4/21 S4/5/21 SB67 17 04-05-2021 10:41:11 MAH013 of the Department of Human Services (DHS) and the Director of the Department 1 Division of Workforce Services (DWS), the Chief Fiscal Officer of the State 2 may approve up to three million six hundred forty thousand six hundred fifty 3 dollars ($3,640,650) each fiscal year in State General Revenue appropriated 4 to DWS for the TANF program to be transferred to the DHS - Division of County 5 Operations in support of Arkansas' TANF Programs or any related separate 6 state programs. 7 The Director of the Department Division of Workforce Services shall 8 provide a report of all transfers made to the DHS - Division of County 9 Operations to the Performance Evaluation and Expenditure Review Committee of 10 the Arkansas Legislative Council and Joint Budget Committee. The report must 11 include the justification for and the amount of the completed transfers. 12 The provisions of this section shall be in effect only from July 1, 2020 13 2021 through June 30, 2021 2022. 14 15 SECTION 28. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 16 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 17 OF TANF BLOCK GRANT FUNDS. Each fiscal year, the Department Division of 18 Workforce Services shall transfer the sum of seven million five hundred 19 thousand dollars ($7,500,000) from the state's federal Temporary Assistance 20 for Needy Families block grant to the Department of Education Division of 21 Elementary and Secondary Education Public School Fund Account to be used 22 solely for the Arkansas Better Chance Program. 23 If the state match for the Temporary Assistance for Needy Families grant 24 or the state's Temporary Assistance for Needy Families grant is reduced, the 25 amount to be transferred may be adjusted in proportion to the percentage 26 change in the state match or the state's Temporary Assistance for Needy 27 Families grant. The amount to be transferred may also be reduced 28 proportionately if new cost requirements are imposed upon the state as a 29 result of new or revised Temporary Assistance for Needy Families regulations 30 at the federal level. 31 The provisions of this section shall be in effect only from July 1, 2020 32 2021 through June 30, 2021 2022. 33 34 SECTION 29. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 35 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRAINING 36 As Engrossed: S3/4/21 S4/5/21 SB67 20 04-05-2021 10:41:11 MAH013 program in the counties served and achievement of federal performance 1 indicators. The Career Education and Workforce Development Board Division of 2 Workforce Services shall promulgate rules and regulations for the 3 distribution of funds in accordance with criteria to be determined by the 4 Board Division. In the distribution of funds to local units the Board 5 Division shall consider performance in meeting state and federal performance 6 indicators. Unallocated funds will be redistributed based upon need as 7 determined by the Career Education and Workforce Development Board Division 8 of Workforce Services. 9 The provisions of this section shall be in effect only from July 1, 2020 10 2021 through June 30, 2021 2022. 11 12 SECTION 33. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 13 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 14 OF FUNDS - PROMOTIONAL ITEMS. The Chief Fiscal Officer of the State shall 15 establish, upon request from the Department of Career Education Division of 16 Workforce Services, a special appropriation line item to be used in the 17 acquisition of promotional items. When the Department of Career Education 18 Division of Workforce Services wishes to transfer monies from its operating 19 expenses appropriation to the Promotional Items line, the Career Education 20 and Workforce Development Board Division of Workforce Services shall approve 21 the request and forward it after receiving prior review and approval by the 22 Arkansas Legislative Council or Joint Budget Committee, to the Chief Fiscal 23 Officer of the State for processing. 24 Determining the maximum number of employees and the maximum amount of 25 appropriation and general revenue funding for a state agency each fiscal year 26 is the prerogative of the General Assembly. This is usually accomplished by 27 delineating such maximums in the appropriation act(s) for a state agency and 28 the general revenue allocations authorized for each fund and fund account by 29 amendment to the Revenue Stabilization law. Further, the General Assembly 30 has determined that the Department of Career Education Division of Workforce 31 Services may operate more efficiently if some flexibility is provided to the 32 Department of Career Education Division of Workforce Services authorizing 33 broad powers under this Section. Therefore, it is both necessary and 34 appropriate that the General Assembly maintain oversight by requiring prior 35 approval of the Legislative Council or Joint Budget committee as provided by 36 As Engrossed: S3/4/21 S4/5/21 SB67 21 04-05-2021 10:41:11 MAH013 this section. The requirement of approval by the Legislative Council or 1 Joint Budget Committee is not a severable part of this section. If the 2 requirement of approval by the Legislative Council or Joint Budget Committee 3 is ruled unconstitutional by a court of competent jurisdiction, this entire 4 section is void. 5 The provisions of this section shall be in effect only from July 1, 2020 6 2021 through June 30, 2021 2022. 7 8 SECTION 34. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 9 authorized by this act shall be limited to the appropriation for such agency 10 and funds made available by law for the support of such appropriations; and 11 the restrictions of the State Procurement Law, the General Accounting and 12 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 13 Procedures and Restrictions Act, or their successors, and other fiscal 14 control laws of this State, where applicable, and regulations promulgated by 15 the Department of Finance and Administration, as authorized by law, shall be 16 strictly complied with in disbursement of said funds. 17 18 SECTION 35. LEGISLATIVE INTENT. It is the intent of the General 19 Assembly that any funds disbursed under the authority of the appropriations 20 contained in this act shall be in compliance with the stated reasons for 21 which this act was adopted, as evidenced by the Agency Requests, Executive 22 Recommendations and Legislative Recommendations contained in the budget 23 manuals prepared by the Department of Finance and Administration, letters, or 24 summarized oral testimony in the official minutes of the Arkansas Legislative 25 Council or Joint Budget Committee which relate to its passage and adoption. 26 27 SECTION 36. EMERGENCY CLAUSE. It is found and determined by the 28 General Assembly, that the Constitution of the State of Arkansas prohibits 29 the appropriation of funds for more than a one (1) year period; that the 30 effectiveness of this Act on July 1, 2021 is essential to the operation of 31 the agency for which the appropriations in this Act are provided, and that in 32 the event of an extension of the legislative session, the delay in the 33 effective date of this Act beyond July 1, 2021 could work irreparable harm 34 upon the proper administration and provision of essential governmental 35 programs. Therefore, an emergency is hereby declared to exist and this Act 36 As Engrossed: S3/4/21 S4/5/21 SB67 22 04-05-2021 10:41:11 MAH013 being necessary for the immediate preservation of the public peace, health 1 and safety shall be in full force and effect from and after July 1, 2021. 2 3 /s/Joint Budget Committee 4 5 6 APPROVED: 4/20/21 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36