| 3 | 2 | | *MAH012* 01/06/2025 2:42:14 PM MAH012 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1094 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Joint Budget Committee 5 |
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| 9 | 8 | | 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 9 |
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| 13 | 12 | | AND OPERATING EXPENSES FOR THE DEPARTMENT OF HEALTH - 10 |
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| 14 | 13 | | TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE 11 |
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| 15 | 14 | | FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER 12 |
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| 16 | 15 | | PURPOSES. 13 |
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| 17 | 16 | | 14 |
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| 18 | 17 | | 15 |
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| 19 | 18 | | Subtitle 16 |
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| 20 | 19 | | AN ACT FOR THE DEPARTMENT OF HEALTH - 17 |
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| 21 | 20 | | TOBACCO PREVENTION AND CESSATION 18 |
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| 22 | 21 | | PROGRAMS APPROPRIATION FOR THE 2025 -2026 19 |
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| 23 | 22 | | FISCAL YEAR. 20 |
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| 24 | 23 | | 21 |
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| 25 | 24 | | 22 |
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| 26 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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| 27 | 26 | | 24 |
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| 28 | 27 | | SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION 25 |
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| 29 | 28 | | PROGRAMS. There is hereby established for the Department of Health Tobacco 26 |
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| 30 | 29 | | Prevention and Cessation for the 2025-2026 fiscal year, the following maximum 27 |
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| 31 | 30 | | number of regular employees. 28 |
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| 32 | 31 | | 29 |
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| 33 | 32 | | Maximum Annual 30 |
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| 34 | 33 | | Maximum Salary Rate 31 |
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| 35 | 34 | | Item Class No. of Fiscal Year 32 |
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| 36 | 35 | | No. Code Title Employees 2025-2026 33 |
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| 37 | 36 | | (1) L038C REGISTERED NURSE 14 GRADE MP01 34 |
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| 38 | 37 | | (2) L013C ADH BRANCH MANAGER 1 GRADE GS11 35 |
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| 39 | 38 | | (3) L025C ADH PUBLIC HEALTH SECTION CHIEF III 1 GRADE GS10 36 HB1094 |
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| 40 | 39 | | |
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| 42 | 41 | | (4) L029C ADH PUBLIC HEALTH SECTION CHIEF II 1 GRADE GS09 1 |
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| 43 | 42 | | (5) L028C EPIDEMIOLOGIST 1 GRADE GS09 2 |
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| 44 | 43 | | (6) L113C ADH SUICIDE PREV CALL CENTER SPEC 1 GRADE GS08 3 |
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| 45 | 44 | | (7) L043C HEALTH PROGRAM SPECIALIST III 1 GRADE GS08 4 |
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| 46 | 45 | | (8) L048C HEALTH PROGRAM SPECIALIST II 1 GRADE GS07 5 |
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| 47 | 46 | | (9) L039C NUTRITIONIST 1 GRADE GS07 6 |
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| 48 | 47 | | (10) P013C PUBLIC INFORMATION COORDINATOR 1 GRADE GS07 7 |
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| 49 | 48 | | (11) X102C ENVIRONMENTAL HEALTH SPECIALIST 1 GRADE GS06 8 |
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| 50 | 49 | | (12) G180C GRANTS ANALYST 1 GRADE GS06 9 |
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| 51 | 50 | | (13) L053C HEALTH PROGRAM SPECIALIST I 4 GRADE GS06 10 |
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| 52 | 51 | | (14) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04 11 |
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| 53 | 52 | | (15) C073C ADMINISTRATIVE SPECIALIST II 1 GRADE GS03 12 |
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| 54 | 53 | | MAX. NO. OF EMPLOYEES 31 13 |
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| 55 | 54 | | 14 |
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| 56 | 55 | | SECTION 2. EXTRA HELP - TOBACCO PREVENTION AND CESSATION PROGRAMS . 15 |
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| 57 | 56 | | There is hereby authorized, for the Department of Health Tobacco Prevention 16 |
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| 58 | 57 | | and Cessation Programs for the 2025-2026 fiscal year, the following maximum 17 |
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| 59 | 58 | | number of part-time or temporary employees, to be known as "Extra Help", 18 |
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| 60 | 59 | | payable from funds appropriated herein for such purposes: four (4) temporary 19 |
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| 61 | 60 | | or part-time employees, when needed, at rates of pay not to exceed those 20 |
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| 62 | 61 | | provided in the Uniform Classification and Compensation Act, or its 21 |
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| 63 | 62 | | successor, or this act for the appropriate classification. 22 |
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| 64 | 63 | | 23 |
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| 65 | 64 | | SECTION 3. APPROPRIATION - TOBACCO PREVENTION AND CESSATION PROGRAMS . 24 |
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| 66 | 65 | | There is hereby appropriated, to the Department of Health , to be payable from 25 |
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| 67 | 66 | | the Prevention and Cessation Program Account , for personal services and 26 |
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| 68 | 67 | | operating expenses of the Department of Health - Tobacco Prevention and 27 |
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| 69 | 68 | | Cessation Programs for the fiscal year ending June 30, 2026, the following: 28 |
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| 70 | 69 | | 29 |
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| 71 | 70 | | ITEM FISCAL YEAR 30 |
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| 72 | 71 | | NO. 2025-2026 31 |
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| 73 | 72 | | (01) REGULAR SALARIES $1,733,483 32 |
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| 74 | 73 | | (02) EXTRA HELP 50,000 33 |
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| 75 | 74 | | (03) PERSONAL SERVICES MATCHING 600,006 34 |
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| 76 | 75 | | (04) MAINT. & GEN. OPERATION 35 |
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| 77 | 76 | | (A) OPER. EXPENSE 185,000 36 HB1094 |
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| 78 | 77 | | |
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| 80 | 79 | | (B) CONF. & TRAVEL 25,000 1 |
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| 81 | 80 | | (C) PROF. FEES 2,278,900 2 |
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| 82 | 81 | | (D) CAP. OUTLAY 0 3 |
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| 83 | 82 | | (E) DATA PROC. 0 4 |
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| 84 | 83 | | (05) TOBACCO PREVENTION & CESSATION EXP 9,221,071 5 |
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| 85 | 84 | | (06) EXP. NUTRITION & PHYSICAL ACTIVITY 603,629 6 |
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| 86 | 85 | | TOTAL AMOUNT APPROPRIATED $14,697,089 7 |
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| 87 | 86 | | 8 |
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| 88 | 87 | | SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 9 |
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| 89 | 88 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 10 |
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| 90 | 89 | | RESTRICTIONS. The appropriations provided in this act shall not be 11 |
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| 91 | 90 | | transferred under the provisions of Arkansas Code 19 -4-522, but only as 12 |
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| 92 | 91 | | provided by this act. 13 |
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| 93 | 92 | | The provisions of this section shall be in effect only from July 1, 2024 14 |
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| 94 | 93 | | 2025 through June 30, 2025 2026. 15 |
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| 95 | 94 | | 16 |
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| 96 | 95 | | SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 17 |
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| 97 | 96 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 18 |
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| 98 | 97 | | OF APPROPRIATIONS. In the event the amount of any of the budget 19 |
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| 99 | 98 | | classifications of maintenance and general operation in this act are found by 20 |
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| 100 | 99 | | the administrative head of the agency to be inadequate, then the agency head 21 |
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| 101 | 100 | | may request, upon forms provided for such purpose by the Chief Fiscal Officer 22 |
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| 102 | 101 | | of the State, a modification of the amounts of the budget classification. In 23 |
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| 103 | 102 | | that event, he shall set out on the forms the particular classifications for 24 |
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| 104 | 103 | | which he is requesting an increase or decrease, the amounts thereof, and his 25 |
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| 105 | 104 | | reasons therefor. In no event shall the total amount of the budget exceed 26 |
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| 106 | 105 | | either the amount of the appropriation or the amount of the funds available, 27 |
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| 107 | 106 | | nor shall any transfer be made from the capital outlay or data processing 28 |
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| 108 | 107 | | subclassifications unless specific authority for such transfers is provided 29 |
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| 109 | 108 | | by law, except for transfers from capital outlay to data processing when 30 |
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| 110 | 109 | | determined by the Department of Transformation & Shared Services - Division 31 |
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| 111 | 110 | | of Information Systems that data processing services for a state agency can 32 |
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| 112 | 111 | | be performed on a more cost -efficient basis by the Department of 33 |
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| 113 | 112 | | Transformation & Shared Services - Division of Information Systems than 34 |
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| 114 | 113 | | through the purchase of data processing equipment by that state agency. In 35 |
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| 115 | 114 | | considering the proposed modification as prepared and submitted by each state 36 HB1094 |
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| 116 | 115 | | |
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| 118 | 117 | | agency, the Chief Fiscal Officer of the State shall make such studies as he 1 |
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| 119 | 118 | | deems necessary. The Chief Fiscal Officer of the State shall, after obtaining 2 |
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| 120 | 119 | | the approval of the Legislative Council, approve the requested transfer if in 3 |
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| 121 | 120 | | his opinion it is in the best interest of the state. 4 |
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| 122 | 121 | | The General Assembly has determined that the agency in this act could be 5 |
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| 123 | 122 | | operated more efficiently if some flexibility is given to that agency and 6 |
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| 124 | 123 | | that flexibility is being accomplished by providing authority to transfer 7 |
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| 125 | 124 | | between certain items of appropriation made by this act. Since the General 8 |
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| 126 | 125 | | Assembly has granted the agency broad powers under the transfer of 9 |
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| 127 | 126 | | appropriations, it is both necessary and appropriate that the General 10 |
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| 128 | 127 | | Assembly maintain oversight of the utilization of the transfers by requiring 11 |
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| 129 | 128 | | prior approval of the Legislative Council in the utilization of the transfer 12 |
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| 130 | 129 | | authority. Therefore, the requirement of approval by the Legislative Council 13 |
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| 131 | 130 | | is not a severable part of this section. If the requirement of approval by 14 |
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| 132 | 131 | | the Legislative Council is ruled unconstitutional by a court of competent 15 |
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| 133 | 132 | | jurisdiction, this entire section is void. 16 |
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| 134 | 133 | | The provisions of this section shall be in effect only from July 1, 2024 17 |
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| 135 | 134 | | 2025 through June 30, 2025 2026. 18 |
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| 136 | 135 | | 19 |
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| 137 | 136 | | SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 20 |
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| 138 | 137 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 21 |
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| 139 | 138 | | POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 22 |
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| 140 | 139 | | State of Arkansas or any of its agencies or institutions to continue funding 23 |
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| 141 | 140 | | any position paid from the proceeds of the Tobacco Settlement in the event 24 |
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| 142 | 141 | | that Tobacco Settlement funds are not sufficient to finance the position. 25 |
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| 143 | 142 | | (b) State funds will not be used to replace Tobacco Settlement funds when 26 |
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| 144 | 143 | | such funds expire, unless appropriated by the General Assembly and authorized 27 |
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| 145 | 144 | | by the Governor. 28 |
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| 146 | 145 | | (c) A disclosure of the language contained in (a) and (b) of this Section 29 |
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| 147 | 146 | | shall be made available to all new hire and current positions paid from the 30 |
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| 148 | 147 | | proceeds of the Tobacco Settlement by the Tobacco Settlement Commission. 31 |
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| 149 | 148 | | (d) Whenever applicable the information contained in (a) and (b) of this 32 |
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| 150 | 149 | | section shall be included in the employee handbook and/or Professional 33 |
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| 151 | 150 | | Services Contract paid from the proceeds of the Tobacco Settlement. 34 |
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| 152 | 151 | | The provisions of this section shall be in effect only from July 1, 2024 35 |
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| 153 | 152 | | 2025 through June 30, 2025 2026. 36 HB1094 |
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| 154 | 153 | | |
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| 156 | 155 | | 1 |
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| 157 | 156 | | SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 2 |
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| 158 | 157 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO 3 |
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| 159 | 158 | | FUND TRANSFER. The Arkansas Department of Health is authorized to transfer 4 |
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| 160 | 159 | | five hundred thousand dollars ($500,000) for the fiscal year ending June 30, 5 |
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| 161 | 160 | | 2025 2026 from the Prevention and Cessation Program Account to the Breast 6 |
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| 162 | 161 | | Cancer Control Fund in order to provide for the State's matching share for 7 |
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| 163 | 162 | | Medicaid services provided for breast and cervical cancer screening and 8 |
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| 164 | 163 | | treatment. The amount transferred annually shall be the only obligation of 9 |
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| 165 | 164 | | the Arkansas Department of Health for state match for these services. 10 |
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| 166 | 165 | | The provisions of this section shall be in effect only from July 1, 2024 11 |
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| 167 | 166 | | 2025 through June 30, 2025 2026. 12 |
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| 168 | 167 | | 13 |
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| 169 | 168 | | SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 14 |
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| 170 | 169 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 15 |
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| 171 | 170 | | COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 16 |
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| 172 | 171 | | shall be limited to the appropriation for such agency and funds made 17 |
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| 173 | 172 | | available by law for the support of such appropriations; and the restrictions 18 |
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| 174 | 173 | | of the State Purchasing Law, the General Accounting and Budgetary Procedures 19 |
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| 175 | 174 | | Law, the Regular Salary Procedures and Restrictions Act, or their successors, 20 |
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| 176 | 175 | | and other fiscal control laws of this State, where applicable, and 21 |
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| 177 | 176 | | regulations promulgated by the Department of Finance and Administration, as 22 |
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| 178 | 177 | | authorized by law, shall be strictly complied with in disbursement of said 23 |
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| 179 | 178 | | funds. 24 |
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| 180 | 179 | | The provisions of this section shall be in effect only from July 1, 2024 25 |
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| 181 | 180 | | 2025 through June 30, 2025 2026. 26 |
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| 182 | 181 | | 27 |
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| 183 | 182 | | SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 28 |
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| 184 | 183 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 29 |
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| 185 | 184 | | LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 30 |
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| 186 | 185 | | disbursed under the authority of the appropriation contained in this act 31 |
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| 187 | 186 | | shall be in compliance with the stated reasons for which this act was 32 |
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| 188 | 187 | | adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 33 |
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| 189 | 188 | | Executive Recommendations and Legislative Recommendations contained in the 34 |
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| 190 | 189 | | budget manuals prepared by the Department of Finance and Administration, 35 |
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| 191 | 190 | | letters, or summarized oral testimony in the official minutes of the Arkansas 36 HB1094 |
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| 192 | 191 | | |
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| 194 | 193 | | Legislative Council or Joint Budget Committee which relate to its passage and 1 |
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| 195 | 194 | | adoption. 2 |
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| 196 | 195 | | The provisions of this section shall be in effect only from July 1, 2024 3 |
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| 197 | 196 | | 2025 through June 30, 2025 2026. 4 |
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| 198 | 197 | | 5 |
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| 199 | 198 | | SECTION 10. EMERGENCY CLAUSE. It is found and determined by the 6 |
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| 200 | 199 | | General Assembly, that the Constitution of the State of Arkansas prohibits 7 |
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| 201 | 200 | | the appropriation of funds for more than a one (1) year period; that the 8 |
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| 202 | 201 | | effectiveness of this Act on July 1, 2025 is essential to the operation of 9 |
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| 203 | 202 | | the agency for which the appropriations in this Act are provided, and that in 10 |
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| 204 | 203 | | the event of an extension of the legislative session, the delay in the 11 |
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| 205 | 204 | | effective date of this Act beyond July 1, 2025 could work irreparable harm 12 |
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| 206 | 205 | | upon the proper administration and provision of essential governmental 13 |
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| 207 | 206 | | programs. Therefore, an emergency is hereby declared to exist and this Act 14 |
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| 208 | 207 | | being necessary for the immediate preservation of the public peace, health 15 |
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| 209 | 208 | | and safety shall be in full force and effect from and after July 1, 2025. 16 |
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| 210 | 209 | | 17 |
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| 211 | 210 | | 18 |
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