View Amendment Current Amendment: 3066R062.MTR.docx to Bill 3066     Senator ROSE proposed the following amendment (3066R062.MTR):
    Amend the bill, as and if amended, by striking Section 1-12-170 in its entirety, page 22, lines 39-43, all of page 23, and on page 24, lines 1-17.

    Amend the bill further, as and if amended, page 107, by striking line 38 and inserting:

/     commission members, agency officers, or employees."

SECTION     ___.     A.         Title 2 of the 1976 Code is amended by adding:

"CHAPTER 79

State Agency Deficit Prevention and Recognition

    Section 2-79-10.     This chapter may be cited as the 'State Agency Deficit Prevention and Recognition Act'.

    Section 2-79-20.     It is the responsibility of each state agency, department, and institution to operate within the limits of appropriations set forth in the annual general appropriations act, appropriation acts, or joint resolution supplemental thereto, and any other approved expenditures of monies. A state agency, department, or institution shall not operate in a manner that results in a year-end deficit except as provided in this chapter.

    Section 2-79-30.     If at the end of each quarterly deficit monitoring review by the Office of State Budget, it is determined by either the Office of State Budget or a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall submit to the Office of State Budget and the General Assembly within fourteen days, a plan to eliminate the projected deficit. After submission of the plan, if it is determined that the deficit cannot be eliminated by the state agency, department, or institution on its own, the state agency is required to officially notify the General Assembly within fifteen days of the determination that the state agency is requesting that a deficit be recognized.

    Section 2-79-40.     (A)     Upon notification from the state agency, department, or institution, as provided in Section 2-79-30, the General Assembly, by joint resolution, may make a finding that the cause of, or likelihood of, a deficit is unavoidable due to factors which are outside the control of the state agency, department, or institution, and recognize the deficit. Any legislation to recognize a deficit must be in a separate joint resolution enacted for the sole purpose of recognizing the deficit of a particular state agency, department, or institution. A deficit only may be recognized by an affirmative vote of each branch of the General Assembly.
    (B)     If the General Assembly recognizes the deficit, then the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the General Reserve Fund and the Capital Reserve Fund, as required by the Constitution of this State.

    Section 2-79-50.     Once a deficit has been recognized by the General Assembly, the state agency, department, or institution shall limit travel and conference attendance to the minimum required to perform its core mission. In addition, the General Assembly, when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles must be approved by the Office of State Budget.

    Section 2-79-60.         (A)(1)     An officer or employee of this State may not:
            (a)     except following the enactment of a joint resolution pursuant to Section 2-79-40, make or authorize an expenditure or obligation exceeding the amount available in an existing state appropriation or existing state fund for the expenditure or obligation; or
            (b)     unless otherwise authorized by law, involve the state government in a contract or obligation for the payment of money before an appropriation to fund the contract or obligation is made.
    (B)(1)     An officer or employee of this State may not employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property.
        (2)     As used in this subsection,     'emergencies involving the safety of human life or the protection of property' do not include ongoing, regular functions of state government the suspension of which would not imminently threaten the safety of human life or the protection of property.
    (C)(1)     If an employee of this State covered by the State Employee Grievance Protection Act is determined by his employing authority knowingly and wilfully to have violated a provision of this section, the officer may be suspended with or without pay, as appropriate, and, pending final action pursuant to that act, dismissed, demoted, or otherwise disciplined.
        (2)     If an 'at will' employee or an officer of this State is determined by his employing or appointing authority knowingly and wilfully to have violated a provision of this section, the officer or employee may be dismissed, demoted, or otherwise disciplined. An 'at will' employee subject to a personnel action pursuant to this section is nevertheless entitled to appeal that action to his employing or appointing authority at a hearing at which the officer or employee may be represented by a person of his choosing. The decision of the hearing body or officer is final with respect to the disposition of this personnel action.
    (D)     The provisions of subsection (C) of this section are in addition to and not in lieu of any other administrative or criminal penalties provided by law for violating similar provisions of law, including, specifically, the criminal penalties provided for violations pursuant to Section 11-1-40."

B.         Section 1-11-495 of the 1976 Code, as last amended by Act 152 of 2010, is repealed.

SECTION     ___.         Section 11-9-890(B) of the 1976 Code is amended to read:

/     "(B)     If at the end of the first, second, or third quarter of any fiscal year quarterly revenue collections are two percent or more below the amount projected for that quarter by the Board of Economic Advisors, the State Budget and Control Board General Assembly, within seven twenty days of that determination, shall take action to avoid a year-end deficit. If the quarterly revenue projections at the end of the first and second quarter are two percent or less below the amount projected, the President Pro Tempore of the Senate and the Speaker of the House of Representatives may call each respective house into session to take action to avoid a year-end deficit. If revenue projections are more than two percent below the amount projected, each house of the General Assembly shall convene in statewide session at twelve noon on the first Tuesday following the announcement of the deficit to take action to avoid a year-end deficit, if not called into session earlier by the President Pro Tempore and the Speaker of the House. Notwithstanding Section 1-11-495, if the State Budget and Control Board If the General Assembly does not take unanimous action within seven twenty days, the Director of the Office of State Budget must reduce general fund appropriations by the requisite amount in the manner prescribed by law. Upon making the reduction, the Director of the Office of State Budget immediately must notify the State Treasurer and the Comptroller General of the reduction, and upon notification, the appropriations are considered reduced. No agencies, departments, institutions, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this section may be discontinued, deleted, or deferred by the Director of the Office of State Budget. A reduction of rate of expenditure by the Director of the Office of State Budget, under authority of this section, must be applied as uniformly as shall be practicable, except that no reduction must be applied to funds encumbered by a written contract with the agency, department, or institution not connected with state government."     /

    Renumber sections to conform.
    Amend title to conform.