Section 21-5-226 - Vacant positions - Legislative findings - Reporting requirements(a)(1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding and personnel for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly.(2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account.(3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section.(4)(A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section.(B) If the requirement of approval under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.(b)(1) On or before June 15 of each calendar year, the Office of Personnel Management shall identify each position authorized for the use of a state agency that has been vacant for two (2) or more years.(2) Positions identified under subdivision (b)(1) of this section shall be annually reported to the Personnel Subcommittee of the Legislative Council at its first meeting after June 15.(3) A state agency shall not fill or otherwise utilize a position identified under subdivision (b)(1) of this section without the prior approval of the: (A) Legislative Council; or(B) The Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.(4)(A) The office shall submit an updated report of the state agency positions that have been vacant for two (2) years or more to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly.(B) The updated report under subdivision (b)(4)(A) of this section shall: (i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and(ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office.(C) A state agency shall not request the further authorization of a vacant position identified in the report under subdivision (b)(4)(A) of this section.(c)(1) If a state agency determines that a position authorized for use by the state agency is no longer required for the necessary and efficient operation of the state agency, the state agency may submit a request to the office that the position be: (A) Terminated for the remainder of the fiscal year; and(B) Identified as a position not requested for continued authorization at the next presession budget hearings of the Legislative Council and Joint Budget Committee preceding each regular session and fiscal session of the General Assembly.(2)(A) The office shall submit a report of the state agency positions identified as a position not requested for continued authorization under subdivision (c)(1) of this section to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly.(B) A state agency shall not request the further authorization of a position identified in the report under subdivision (c)(2)(A) of this section.Added by Act 2021, No. 796,§ 1, eff. 4/20/2021.