§ 19-7-502 - Procedure upon availability of unanticipated federal funds.
               	 		
19-7-502.    Procedure upon availability of unanticipated federal funds.
    (a)  If  new or additional federal funds, new or additional Comprehensive  Employment and Training Act, or its successor's, funds, or changes in  state use of appropriations for programs combined into block grants from  the federal government become necessary, or if new federal programs or  new Comprehensive Employment and Training Act, or its successor's,  programs are initiated that are not authorized or contemplated in the  biennial operations appropriation act for the benefiting state agency  and such changes make it necessary that the benefiting state agency  employ additional personnel or require additional appropriations to  expend these funds in order to carry out the objectives of the federal  programs or to meet federal requirements, then the head of the affected  state agency is authorized to request the approval of the Governor and  the Chief Fiscal Officer of the State, as provided in this section, for  additional appropriations of one (1) or more new or additional salaried  positions to be utilized by that respective agency. The salary rates for  these positions are not to exceed the highest maximum annual salary  rate or the highest grade level position authorized in the salary  schedule of the requesting agency's biennial appropriation act for  operations, as governed by the Uniform Classification and Compensation  Act of 1969,    21-5-201 et seq., or its successor.
(b)  In  the case of those agencies, departments, or institutions, that are  specifically exempt from the provisions of the compensation act, such  new or additional employees shall be established at salary rates not to  exceed the maximum established in the salary schedule of the biennial  operations appropriation act for the respective agency for comparable  positions. In no event shall the additional positions exceed the maximum  number of positions authorized for the agency in the biennial  appropriation act for operations.
(c)  Whenever  the head of a state agency deems it necessary to establish such new or  additional appropriations or positions as authorized in this section, he  or she shall file with the Governor a written report accompanied by  necessary supporting documents. These documents shall set forth the  facts, justifications, and circumstances that necessitate such  appropriations, the maximum number of positions sought, the titles  thereof, and the maximum annual salary rate to be paid each position, a  complete line item operations budget for the program, a statement of the  expected duration into future years of the federal funds, and whether  or not the program is anticipated to eventually be supported either in  part or in whole by state revenues.
(d)  Upon  receipt of the report and supporting documents, for unanticipated  miscellaneous federal grants, excluding the Comprehensive Employment and  Training Act or its successor, the Governor or the Governor's designee  shall study it. If he or she shall determine that the new or additional  positions or appropriations are being sought in strict compliance with  this subchapter, the Governor, after seeking the advice of the  Legislative Council or the Joint Budget Committee, may approve or modify  the request for such additional or new positions or appropriations as,  in his or her judgment, he or she deems necessary. He or she shall  forward a copy thereof to the head of the requesting agency and the  Chief Fiscal Officer of the State. Upon receipt thereof, the Chief  Fiscal Officer of the State shall direct the Auditor of State and the  Treasurer of State to establish upon their books of record the necessary  appropriation accounts in accordance with the provisions as set out in  this section and the applicable classifications of appropriations as  enumerated in      19-4-520 -- 19-4-525 as amended, or its successor, and  in accordance with any federal limitations as may be applicable to the  funds which are available.