Amend the bill, as and if amended, by striking SECTION 14 A and inserting:
/ SECTION 14. A. Title 2 of the 1976 Code is amended by adding:
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. (A) If at the end of each quarterly deficit monitoring review by the Executive Budget and Strategic Planning Office, it is determined by either the Executive Budget and Strategic Planning Office or a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall notify the General Assembly within fifteen days of this determination and shall further request the Executive Budget and Strategic Planning Office to work with it to develop a plan to avoid the deficit. Within fifteen days of the deficit avoidance plan being completed, the Executive Budget and Strategic Planning Office shall:
(1) recognize the deficit, in the manner provided in Section 2-79-40(A) if it determines that the deficit avoidance plan will not be sufficient to avoid a deficit, the projected deficit is less than one million dollars, and the General Assembly is adjourned Sine Die;
(2) request the General Assembly to recognize the deficit in the manner provided in Section 2-79-40(B) if it determines the deficit avoidance plan will not be sufficient to avoid a deficit and the projected deficit is equal to or greater than one million dollars, regardless of whether the General Assembly is adjourned Sine Die; or
(3) notify the General Assembly of how the deficit will be avoided based on the deficit avoidance plan if the Executive Budget and Strategic Planning Office determines the plan will be sufficient to avoid a deficit.
(B) The Executive Budget and Strategic Planning Office must notify the General Assembly as soon as practicable when it determines that it will proceed with a deficit recognition pursuant to subsection (A)(1).
(C) If the Executive Budget and Strategic Planning Office requests that the General Assembly recognize the deficit in the manner provided in Section 2-79-40(B) and the General Assembly is adjourned Sine Die, the Speaker of the House and Pro Tempore of the Senate may call each respective house into session to address the deficit.
Section 2-79-40. (A)(1) When a deficit avoidance plan will not be sufficient to avoid a deficit, the projected deficit is less than one million dollars, and the General Assembly is adjourned Sine Die, the Executive Budget and Strategic Planning Office may recognize the deficit if the deficit is unavoidable due to factors which are outside the control of the state agency, department, or institution. Subject to the provisions contained in item (2), a deficit recognized by the Executive Budget and Strategic Planning Office must, at the close of the fiscal year, reduce the actual deficit, as necessary, from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and then, to the extent no surplus revenues or surplus funds are available, first from funds available in the Capital Reserve Fund and then from funds available in the General Reserve Fund as required by the Constitution of this State.
(2) During its next ensuing regular session following a deficit recognition by the Executive Budget and Strategic Planning Office, the General Assembly 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 that was the subject of deficit recognition and recognize the deficit in the manner provided in subsection (B). If the General Assembly does not recognize the deficit prior to Sine Die adjournment of its next ensuing regular session, the deficit recognized by the Executive Budget and Strategic Planning Office shall remain effective and its provisions shall be implemented.
(B)(1) Upon notification from the Executive Budget and Strategic Planning Office as provided in Section 2-79-30(A)(2) that an agency will run a deficit and requesting that it be recognized, 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.
(2) 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 then, to the extent no surplus revenues or surplus funds are available, first from funds available in the Capital Reserve Fund and then from funds available in the General Reserve Fund as required by the Constitution of this State.
Section 2-79-50. Once a deficit has been recognized pursuant to this chapter, the state agency, department, or institution shall limit travel and conference attendance to that which is deemed essential by the director of the agency, department, or institution. In addition, when recognizing a deficit, the General Assembly or the Executive Budget and Strategic Planning Office, as the case may be, may condition recognition on a requirement that any pay increases and purchases of equipment and vehicles must be approved by the Executive Budget and Strategic Planning Office." /
Renumber sections to conform.
Amend title to conform.