Bill Text: AZ SB1614 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: 2011-2012; state budget procedures
Spectrum: Partisan Bill (Republican 15-0)
Status: (Passed) 2011-04-06 - Governor Signed [SB1614 Detail]
Download: Arizona-2011-SB1614-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1614 |
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AN ACT
amending title 38, chapter 4, Arizona Revised Statutes, by adding article 5; amending TITLE 41, chapter 4, article 5, Arizona Revised Statutes, by adding section 41-763.05; Amending Laws 2010, Seventh Special Session, chapter 3, section 9; Relating to state budget procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 4, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. EMPLOYEE BENEFITS
38-671. Employee benefits; exclusion
A. Any employee hired after the effective date of this section is eligible for state employee benefits only on a pro rata basis if the employee is regularly scheduled to work less than forty hours per week.
B. For the purposes of this section, state employee benefits do not include benefits provided by the Arizona state retirement system established by chapter 5, article 2 of this title, the long-term disability program established by chapter 5, article 2.1 of this title, the elected officials' retirement plan established by chapter 5, article 3 of this title, the public safety personnel retirement system established by chapter 5, article 4 of this title or the corrections officer retirement plan established by chapter 5, article 6 of this title.
Sec. 2. Title 41, chapter 4, article 5, Arizona Revised Statutes, is amended by adding section 41-763.05, to read:
41-763.05. Required reduction in hours
An agency director may require agency covered employees to work reduced hours in order to comply with any reduction in appropriations. The director of the department of administration shall prescribe procedures to implement these reductions.
Sec. 3. Laws 2010, seventh special session, chapter 3, section 9 is amended to read:
Sec. 9. Mandatory furloughs; 2009-2010; 2010-2011; terms; exceptions; definitions
A. In order to the implement the expenditure reductions for personnel expenses in the 2010‑2011 general appropriations act, the joint legislative budget committee staff shall determine and the department of administration shall allocate to each state agency, department, board or commission an amount sufficient to implement the mandatory furloughs pursuant to this section. All monies from other appropriated funds and nonfederal nonappropriated funds that are reduced pursuant to this section shall be transferred to the state general fund. The joint legislative budget committee staff also shall determine and the department of administration shall allocate reductions, as necessary, in total expenditure authority resulting from the mandatory furloughs required by this section.
B. Unless otherwise exempted by this section, each state agency, department, board or commission, in addition to any other furlough program implemented by the agency, shall furlough employees as follows:
1. In fiscal year 2009‑2010: One day
2. In fiscal year 2010‑2011: Six five days
3. In fiscal year 2011‑2012: Six days
C. It is the intent of the legislature that the furlough days required by this section be taken no more than once a month and in a way that maximizes utility savings and minimizes customer inconvenience. The department of administration shall publish a list of the preferred furlough dates that best achieve these goals. These published dates shall be the presumptive furlough dates for all governmental units unless otherwise approved by the department of administration. Notwithstanding any other law, for fiscal years 2009‑2010, and 2010‑2011 and 2011‑2012, the furlough dates published by the department of administration shall authorize participating state offices to be closed on those dates in order to meet the furlough requirements of this section.
D. Employees who are subject to the furlough requirement of this section shall be on leave without pay and are not eligible to use any form of paid leave on a designated furlough day unless allowance for the use of paid leave in any specific case is otherwise required by state or federal law.
E. On or before April 16, 2010, the department of administration shall develop a list of governmental unit functions or services requiring continuous operations throughout the entire week or workweek that would be significantly and negatively affected by the implementation of a furlough program due to either:
1. The critical nature of the services delivered, such as direct public safety activities or direct care of patients, residents, inmates, detainees or other similar service populations.
2. Other compelling demands for a governmental unit's functions or services.
F. Employees whose services are determined to be essential pursuant to subsection E to ensuring that functions or services are delivered safely and effectively are exempt from the furlough requirements of this section. It is the intent of the legislature to exempt from the furlough requirements of this section only those employees considered absolutely essential for the proper performance and oversight of these essential functions or services.
G. In lieu of mandatory furlough participation, the director of a governmental unit may elect, on written approval of the director of the department of administration, to reduce employee pay for personnel not otherwise determined exempt pursuant to subsection F within the governmental unit by amounts that, when totaled, equal the savings generated by the furlough days otherwise required in this section. The director of the department of administration may approve only those written requests in which the director of the governmental unit establishes, to the satisfaction of the director of the department of administration, that the governmental unit's implementation of mandatory furlough days would not be in the best interests of this state and that an equivalent pay reduction program is more appropriate. The director of the department of administration may approve or disapprove only written requests that fully substitute the required furlough days with an equivalent salary rate and employee related expenditure reduction. Governmental units shall submit written requests pursuant to this subsection no later than April 16, 2010.
H. On or before April 30, 2010, the department of administration shall report to the joint legislative budget committee those job classifications and the numbers, by governmental unit, of employees that have been exempted from the furlough program pursuant to this section. The department shall provide report updates to the joint legislative budget committee whenever changes are made to the exempted job classifications or the numbers, by governmental unit, of exempted employees. The report shall also include any written requests that were approved to fully substitute the required furlough days with an equivalent salary rate and employee related expenditure reduction pursuant to subsection G.
I. This section does not apply to:
1. Employees of universities under the jurisdiction of the Arizona board of regents while the maintenance of effort provisions of the federal education stabilization program are in effect, as required by the American recovery and reinvestment act of 2009 (P.L. 111‑5).
2. Employees of elected state officers.
J. For the purposes of this section:
1. "Employees of elected state officers" means employees of the house of representatives, the senate, any budget unit that reports to the legislature, the judiciary, the secretary of state, the state treasurer, the attorney general, the corporation commission, the state mine inspector, the Arizona board of regents and the superintendent of public instruction.
2. "Governmental unit" means all agencies, departments, boards and commissions of this state unless otherwise exempt under this section.
Sec. 4. Federal stimulus funding; reporting; definitions
A. The governor has allocated the government services portion of the fiscal stabilization fund from the American recovery and reinvestment act of 2009 (P.L. 111-5) to the following expenditure categories and subexpenditure categories:
1. Education reform.
(a) Teach for America - $2,000,000.
(b) Education information systems - $3,000,000.
(c) Education innovation project - $1,636,374.
Subtotal – Education reform - $ 6,636,374.
2. Health care and children's programs.
(a) Department of health services community health - $11,600,000.
(b) Department of health services Arizona state hospital - $116,273.
(c) Department of economic security autism - $2,297,824.
(d) Department of economic security developmentally disabled - $15,000,000.
(e) Department of economic security children's services - $18,000,000.
(f) Department of economic security adoption services - $2,500,000.
(g) Department of economic security child protective services - $5,500,000.
Subtotal – Health care and children's programs - $55,014,097.
3. Public safety
(a) Department of corrections - $50,000,000.
(b) Border security enhancement - $10,000,000.
(c) Public safety stabilization - $10,000,000.
(d) Supplemental public safety projects - $6,545,494.
(e) Department of administration public safety project - $1,700,000.
Subtotal – Public safety - $78,245,494.
4. Innovation, technology and economic development.
(a) Commerce economic development - $15,000,000.
(b) Commerce job training - $12,000,000.
(c) Commerce jobs agenda - $12,000,000.
(d) Arizona technology enhancement (department of administration) - $182,079.
Subtotal - Innovation, technology and economic development - $39,182,079.
5. Arizona county projects (including all categories) - $4,007,797.
6. Office of economic recovery state fiscal stabilization fund costs - $2,000,000.
Total – Government services fiscal stabilization fund - $185,085,841.
B. Within thirty days after the last day of each calendar quarter, the governor's office of economic recovery shall provide a report to the joint legislative budget committee outlining the allocation of monies to the designated categories.
C. For the designated categories, the report shall include the amount newly allocated and newly expended in the calendar quarter immediately preceding the report date listed in subsection B and the total amount allocated and expended to date by the following:
1. Each state agency that has received an allocation of monies.
2. Each individual grantee that has received an allocation of monies.
D. For the purposes of this section:
1. "Designated category" means an expenditure category or subexpenditure category listed in subsection A as education information systems, education innovation project, supplemental public safety projects, department of administration public safety project, commerce economic development, commerce job training, commerce jobs agenda or Arizona technology enhancement (department of administration).
2. “State agency” means any department, office, agency, commission, board or other instrumentality of state government.
Sec. 5. Unrestricted federal monies
Any unrestricted federal monies received from July 1, 2011 through June 30, 2012 shall be deposited in the state general fund. The monies shall be used for the payment of essential governmental services.
Sec. 6. Rental rates; state-owned buildings; fiscal year 2011‑2012
Notwithstanding section 41‑792.01, subsection D, Arizona Revised Statutes, the capital outlay stabilization fund rental rates for state‑owned buildings in fiscal year 2011‑2012 shall decrease from $21.02 per usable square foot for office space to $15.08 per usable square foot and from $7.62 per usable square foot for storage space to $5.47 per usable square foot.
Sec. 7. Annual budgets
Notwithstanding section 35‑121, Arizona Revised Statutes, for fiscal year 2011‑2012, appropriations for all budget units may be limited to one fiscal year.
Sec. 8. Calculation adjustments; fiscal year 2011-2012; closing state general fund balance
Notwithstanding any other law, for the purposes of calculating the state general fund balance at the close of fiscal year 2011‑2012, any monies that are appropriated from the state general fund that are exempt from lapsing pursuant to section 35‑190, Arizona Revised Statutes, and that remain unexpended and unencumbered at the close of fiscal year 2011‑2012 shall be included in the closing balance as if the appropriations had lapsed or otherwise reverted to the state general fund.
Sec. 9. Rule making exemption
The director of the department of administration is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2012 for the purposes of prescribing the procedures required by 41-763.05, Arizona Revised Statutes, as added by this act.
