Stricken language would be deleted from and underlined language would be added to present law.
Act 494 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1094 3
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By: Joint Budget Committee 5
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For An Act To Be Entitled 8
AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 9
AND OPERATING EXPENSES FOR THE DEPARTMENT OF HEALTH - 10
TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE 11
FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
AN ACT FOR THE DEPARTMENT OF HEALTH - 17
TOBACCO PREVENTION AND CESSATION 18
PROGRAMS APPROPRIATION FOR THE 2025 -2026 19
FISCAL YEAR. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION 25
PROGRAMS. There is hereby established for the Department of Health Tobacco 26
Prevention and Cessation for the 2025-2026 fiscal year, the following maximum 27
number of regular employees. 28
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Maximum Annual 30
Maximum Salary Rate 31
Item Class No. of Fiscal Year 32
No. Code Title Employees 2025-2026 33
(1) L038C REGISTERED NURSE 14 GRADE MP01 34
(2) L013C ADH BRANCH MANAGER 1 GRADE GS11 35
(3) L025C ADH PUBLIC HEALTH SECTION CHIEF III 1 GRADE GS10 36 HB1094
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(4) L029C ADH PUBLIC HEALTH SECTION CHIEF II 1 GRADE GS09 1
(5) L028C EPIDEMIOLOGIST 1 GRADE GS09 2
(6) L113C ADH SUICIDE PREV CALL CENTER SPEC 1 GRADE GS08 3
(7) L043C HEALTH PROGRAM SPECIALIST III 1 GRADE GS08 4
(8) L048C HEALTH PROGRAM SPECIALIST II 1 GRADE GS07 5
(9) L039C NUTRITIONIST 1 GRADE GS07 6
(10) P013C PUBLIC INFORMATION COORDINATOR 1 GRADE GS07 7
(11) X102C ENVIRONMENTAL HEALTH SPECIALIST 1 GRADE GS06 8
(12) G180C GRANTS ANALYST 1 GRADE GS06 9
(13) L053C HEALTH PROGRAM SPECIALIST I 4 GRADE GS06 10
(14) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04 11
(15) C073C ADMINISTRATIVE SPECIALIST II 1 GRADE GS03 12
MAX. NO. OF EMPLOYEES 31 13
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SECTION 2. EXTRA HELP - TOBACCO PREVENTION AND CESSATION PROGRAMS . 15
There is hereby authorized, for the Department of Health Tobacco Prevention 16
and Cessation Programs for the 2025-2026 fiscal year, the following maximum 17
number of part-time or temporary employees, to be known as "Extra Help", 18
payable from funds appropriated herein for such purposes: four (4) temporary 19
or part-time employees, when needed, at rates of pay not to exceed those 20
provided in the Uniform Classification and Compensation Act, or its 21
successor, or this act for the appropriate classification. 22
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SECTION 3. APPROPRIATION - TOBACCO PREVENTION AND CESSATION PROGRAMS . 24
There is hereby appropriated, to the Department of Health , to be payable from 25
the Prevention and Cessation Program Account , for personal services and 26
operating expenses of the Department of Health - Tobacco Prevention and 27
Cessation Programs for the fiscal year ending June 30, 2026, the following: 28
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ITEM FISCAL YEAR 30
NO. 2025-2026 31
(01) REGULAR SALARIES $1,733,483 32
(02) EXTRA HELP 50,000 33
(03) PERSONAL SERVICES MATCHING 600,006 34
(04) MAINT. & GEN. OPERATION 35
(A) OPER. EXPENSE 185,000 36 HB1094
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(B) CONF. & TRAVEL 25,000 1
(C) PROF. FEES 2,278,900 2
(D) CAP. OUTLAY 0 3
(E) DATA PROC. 0 4
(05) TOBACCO PREVENTION & CESSATION EXP 9,221,071 5
(06) EXP. NUTRITION & PHYSICAL ACTIVITY 603,629 6
TOTAL AMOUNT APPROPRIATED $14,697,089 7
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SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 9
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 10
RESTRICTIONS. The appropriations provided in this act shall not be 11
transferred under the provisions of Arkansas Code 19 -4-522, but only as 12
provided by this act. 13
The provisions of this section shall be in effect only from July 1, 2024 14
2025 through June 30, 2025 2026. 15
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SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 17
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 18
OF APPROPRIATIONS. In the event the amount of any of the budget 19
classifications of maintenance and general operation in this act are found by 20
the administrative head of the agency to be inadequate, then the agency head 21
may request, upon forms provided for such purpose by the Chief Fiscal Officer 22
of the State, a modification of the amounts of the budget classification. In 23
that event, he shall set out on the forms the particular classifications for 24
which he is requesting an increase or decrease, the amounts thereof, and his 25
reasons therefor. In no event shall the total amount of the budget exceed 26
either the amount of the appropriation or the amount of the funds available, 27
nor shall any transfer be made from the capital outlay or data processing 28
subclassifications unless specific authority for such transfers is provided 29
by law, except for transfers from capital outlay to data processing when 30
determined by the Department of Transformation & Shared Services - Division 31
of Information Systems that data processing services for a state agency can 32
be performed on a more cost -efficient basis by the Department of 33
Transformation & Shared Services - Division of Information Systems than 34
through the purchase of data processing equipment by that state agency. In 35
considering the proposed modification as prepared and submitted by each state 36 HB1094
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agency, the Chief Fiscal Officer of the State shall make such studies as he 1
deems necessary. The Chief Fiscal Officer of the State shall, after obtaining 2
the approval of the Legislative Council, approve the requested transfer if in 3
his opinion it is in the best interest of the state. 4
The General Assembly has determined that the agency in this act could be 5
operated more efficiently if some flexibility is given to that agency and 6
that flexibility is being accomplished by providing authority to transfer 7
between certain items of appropriation made by this act. Since the General 8
Assembly has granted the agency broad powers under the transfer of 9
appropriations, it is both necessary and appropriate that the General 10
Assembly maintain oversight of the utilization of the transfers by requiring 11
prior approval of the Legislative Council in the utilization of the transfer 12
authority. Therefore, the requirement of approval by the Legislative Council 13
is not a severable part of this section. If the requirement of approval by 14
the Legislative Council is ruled unconstitutional by a court of competent 15
jurisdiction, this entire section is void. 16
The provisions of this section shall be in effect only from July 1, 2024 17
2025 through June 30, 2025 2026. 18
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SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 20
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 21
POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 22
State of Arkansas or any of its agencies or institutions to continue funding 23
any position paid from the proceeds of the Tobacco Settlement in the event 24
that Tobacco Settlement funds are not sufficient to finance the position. 25
(b) State funds will not be used to replace Tobacco Settlement funds when 26
such funds expire, unless appropriated by the General Assembly and authorized 27
by the Governor. 28
(c) A disclosure of the language contained in (a) and (b) of this Section 29
shall be made available to all new hire and current positions paid from the 30
proceeds of the Tobacco Settlement by the Tobacco Settlement Commission. 31
(d) Whenever applicable the information contained in (a) and (b) of this 32
section shall be included in the employee handbook and/or Professional 33
Services Contract paid from the proceeds of the Tobacco Settlement. 34
The provisions of this section shall be in effect only from July 1, 2024 35
2025 through June 30, 2025 2026. 36 HB1094
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SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 2
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO 3
FUND TRANSFER. The Arkansas Department of Health is authorized to transfer 4
five hundred thousand dollars ($500,000) for the fiscal year ending June 30, 5
2025 2026 from the Prevention and Cessation Program Account to the Breast 6
Cancer Control Fund in order to provide for the State's matching share for 7
Medicaid services provided for breast and cervical cancer screening and 8
treatment. The amount transferred annually shall be the only obligation of 9
the Arkansas Department of Health for state match for these services. 10
The provisions of this section shall be in effect only from July 1, 2024 11
2025 through June 30, 2025 2026. 12
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SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 14
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 15
COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 16
shall be limited to the appropriation for such agency and funds made 17
available by law for the support of such appropriations; and the restrictions 18
of the State Purchasing Law, the General Accounting and Budgetary Procedures 19
Law, the Regular Salary Procedures and Restrictions Act, or their successors, 20
and other fiscal control laws of this State, where applicable, and 21
regulations promulgated by the Department of Finance and Administration, as 22
authorized by law, shall be strictly complied with in disbursement of said 23
funds. 24
The provisions of this section shall be in effect only from July 1, 2024 25
2025 through June 30, 2025 2026. 26
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SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 28
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 29
LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 30
disbursed under the authority of the appropriation contained in this act 31
shall be in compliance with the stated reasons for which this act was 32
adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 33
Executive Recommendations and Legislative Recommendations contained in the 34
budget manuals prepared by the Department of Finance and Administration, 35
letters, or summarized oral testimony in the official minutes of the Arkansas 36 HB1094
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Legislative Council or Joint Budget Committee which relate to its passage and 1
adoption. 2
The provisions of this section shall be in effect only from July 1, 2024 3
2025 through June 30, 2025 2026. 4
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SECTION 10. EMERGENCY CLAUSE. It is found and determined by the 6
General Assembly, that the Constitution of the State of Arkansas prohibits 7
the appropriation of funds for more than a one (1) year period; that the 8
effectiveness of this Act on July 1, 2025 is essential to the operation of 9
the agency for which the appropriations in this Act are provided, and that in 10
the event of an extension of the legislative session, the delay in the 11
effective date of this Act beyond July 1, 2025 could work irreparable harm 12
upon the proper administration and provision of essential governmental 13
programs. Therefore, an emergency is hereby declared to exist and this Act 14
being necessary for the immediate preservation of the public peace, health 15
and safety shall be in full force and effect from and after July 1, 2025. 16
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APPROVED: 4/8/25 19
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