Stricken language would be deleted from and underlined language would be added to present law. Act 58 of the Regular Session *MAH010* 01/06/2025 3:41:11 PM MAH010 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 29 3 4 By: Joint Budget Committee 5 6 7 For An Act To Be Entitled 8 AN ACT TO MAKE AN APPROPRIATION FOR THE DEPARTMENT OF 9 HEALTH - ARKANSAS MINORITY HEALTH COMMISSION FOR THE 10 MINORITY HEALTH INITIATIVE OF THE TARGETED STATE 11 NEEDS PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 12 2026; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 AN ACT FOR THE ARKANSAS MINORITY HEALTH 17 INITIATIVE OF THE DEPARTMENT OF HEALTH - 18 ARKANSAS MINORITY HEALTH COMMISSION 19 APPROPRIATION FOR THE 2025 -2026 FISCAL 20 YEAR. 21 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. REGULAR SALARIES - MINORITY HEALTH INITIATIVE. There is 26 hereby established for the Department of Health - Arkansas Minority Health 27 Commission for the 2025-2026 fiscal year, the following maximum number of 28 regular employees. 29 30 Maximum Annual 31 Maximum Salary Rate 32 Item Class No. of Fiscal Year 33 No. Code Title Employees 2025-2026 34 (1) L038C REGISTERED NURSE 1 GRADE MP01 35 (2) A082C ACCOUNTANT II 1 GRADE GS08 36 SB29 2 01/06/2025 3:41:11 PM MAH010 (3) G147C GRANTS COORDINATOR 1 GRADE GS07 1 (4) L053C HEALTH PROGRAM SPECIALIST I 1 GRADE GS06 2 (5) R025C HUMAN RESOURCES ANALYST 1 GRADE GS06 3 (6) A091C FISCAL SUPPORT ANALYST 1 GRADE GS05 4 MAX. NO. OF EMPLOYEES 6 5 6 SECTION 2. APPROPRIATION - MINORITY HEALTH INITIATIVE . There is hereby 7 appropriated, to the Department of Health , to be payable from the Targeted 8 State Needs Program Account , for personal services and operating expenses of 9 the Department of Health - Arkansas Minority Health Commission - Arkansas 10 Minority Health Initiative for the fiscal year ending June 30, 2026, the 11 following: 12 13 ITEM FISCAL YEAR 14 NO. 2025-2026 15 (01) REGULAR SALARIES $326,124 16 (02) PERSONAL SERVICES MATCHING 122,431 17 (03) MAINT. & GEN. OPERATION 18 (A) OPER. EXPENSE 531,788 19 (B) CONF. & TRAVEL 20,000 20 (C) PROF. FEES 250,000 21 (D) CAP. OUTLAY 0 22 (E) DATA PROC. 0 23 (04) PROMOTIONAL ITEMS 0 24 (05) SCREENING, MONITORING, TREATING & 25 OUTREACH 558,554 26 TOTAL AMOUNT APPROPRIATED $1,808,897 27 28 SECTION 3. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 29 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 30 PROMOTIONAL ITEMS. The Chief Fiscal Officer of the State shall establish 31 upon request for the Arkansas Minority Health Commission a special 32 Promotional Items appropriation to be used in the acquisition of promotional 33 items. When the Arkansas Minority Health Commission wishes to transfer from 34 its operating expenses and/or Screening, Monitoring, Treating, Outreach & 35 Advertising appropriation and funds to the promotional items line, the 36 SB29 3 01/06/2025 3:41:11 PM MAH010 request shall be forwarded by the Arkansas Minority Health Commission to the 1 Chief Fiscal Officer of the State for processing and for prior approval by 2 the Arkansas Legislative Council or Joint Budget Committee. Determining the 3 maximum number of employees and the maximum amount of appropriation and 4 general revenue funding for a state agency each fiscal year is the 5 prerogative of the General Assembly. This is usually accomplished by 6 delineating such maximums in the appropriation act(s) for a state agency and 7 the general revenue allocations authorized for each fund and fund account by 8 amendment to the Revenue Stabilization law. Further, the General Assembly 9 has determined that the Arkansas Minority Health Commission may operate more 10 efficiently if some flexibility is provided to the Department of Health - 11 Arkansas Minority Health Commission authorizing broad powers under this 12 Section. Therefore, it is both necessary and appropriate that the General 13 Assembly maintain oversight by requiring prior approval of the Legislative 14 Council or Joint Budget Committee as provided by this section. The 15 requirement of approval by the Legislative Council or Joint Budget Committee 16 is not a severable part of this section. If the requirement of approval by 17 the Legislative Council or Joint Budget Committee is ruled unconstitutional 18 by a court of competent jurisdiction, this entire section is void. 19 The provisions of this section shall be in effect only from July 1, 2024 20 2025 through June 30, 2025 2026. 21 22 SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 24 RESTRICTIONS. The appropriations provided in this act shall not be 25 transferred under the provisions of Arkansas Code 19 -4-522, but only as 26 provided by this act. 27 The provisions of this section shall be in effect only from July 1, 2024 28 2025 through June 30, 2025 2026. 29 30 SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 31 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 32 OF APPROPRIATION. In the event the amount of any of the budget 33 classifications of maintenance and general operation in this act are found by 34 the administrative head of the agency to be inadequate, then the agency head 35 may request, upon forms provided for such purpose by the Chief Fiscal Officer 36 SB29 4 01/06/2025 3:41:11 PM MAH010 of the State, a modification of the amounts of the budget classification. In 1 that event, he or she shall set out on the forms the particular 2 classifications for which he or she is requesting an increase or decrease, 3 the amounts thereof, and his or her reasons therefor. In no event shall the 4 total amount of the budget exceed either the amount of the appropriation or 5 the amount of the funds available, nor shall any transfer be made from the 6 capital outlay or data processing subclassifications unless specific 7 authority for such transfers is provided by law, except for transfers from 8 capital outlay to data processing when determined by the Department of 9 Transformation & Shared Services - Division of Information Systems that data 10 processing services for a state agency can be performed on a more cost -11 efficient basis by the Department of Transformation & Shared Services - 12 Division of Information Systems than through the purchase of data processing 13 equipment by that state agency. In considering the proposed modification as 14 prepared and submitted by each state agency, the Chief Fiscal Officer of the 15 State shall make such studies as he or she deems necessary. The Chief Fiscal 16 Officer of the State shall, after obtaining the approval of the Legislative 17 Council or Joint Budget Committee, approve the requested transfer if in his 18 or her opinion it is in the best interest of the state. 19 The General Assembly has determined that the agency in this act could be 20 operated more efficiently if some flexibility is given to that agency and 21 that flexibility is being accomplished by providing authority to transfer 22 between certain items of appropriation made by this act. Since the General 23 Assembly has granted the agency broad powers under the transfer of 24 appropriations, it is both necessary and appropriate that the General 25 Assembly maintain oversight of the utilization of the transfers by requiring 26 prior approval of the Legislative Council in the utilization of the transfer 27 authority. Therefore, the requirement of approval by the Legislative Council 28 is not a severable part of this section. If the requirement of approval by 29 the Legislative Council is ruled unconstitutional by a court of competent 30 jurisdiction, this entire section is void. 31 The provisions of this section shall be in effect only from July 1, 2024 32 2025 through June 30, 2025 2026. 33 34 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 35 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 36 SB29 5 01/06/2025 3:41:11 PM MAH010 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 1 State of Arkansas or any of its agencies or institutions to continue funding 2 any position paid from the proceeds of the Tobacco Settlement in the event 3 that Tobacco Settlement funds are not sufficient to finance the position. 4 (b) State funds will not be used to replace Tobacco Settlement funds when 5 such funds expire, unless appropriated by the General Assembly and authorized 6 by the Governor. 7 (c) A disclosure of the language contained in (a) and (b) of this Section 8 shall be made available to all new hire and current positions paid from the 9 proceeds of the Tobacco Settlement Commission by the Department of Health - 10 Arkansas Minority Health Commission. 11 (d) Whenever applicable the information contained in (a) and (b) of this 12 section shall be included in the employee handbook and/or Professional 13 Services Contract paid from the proceeds of the Tobacco Settlement. 14 The provisions of this section shall be in effect only from July 1, 2024 15 2025 through June 30, 2025 2026. 16 17 SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 18 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 19 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 20 shall be limited to the appropriation for such agency and funds made 21 available by law for the support of such appropriations; and the restrictions 22 of the State Purchasing Law, the General Accounting and Budgetary Procedures 23 Law, the Regular Salary Procedures and Restrictions Act, or their successors, 24 and other fiscal control laws of this State, where applicable, and 25 regulations promulgated by the Department of Finance and Administration, as 26 authorized by law, shall be strictly complied with in disbursement of said 27 funds. 28 The provisions of this section shall be in effect only from July 1, 2024 29 2025 through June 30, 2025 2026. 30 31 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 33 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 34 disbursed under the authority of the appropriations contained in this act 35 shall be in compliance with the stated reasons for which this act was 36 SB29 6 01/06/2025 3:41:11 PM MAH010 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 1 Executive Recommendations and Legislative Recommendations contained in the 2 budget manuals prepared by the Department of Finance and Administration, 3 letters, or summarized oral testimony in the official minutes of the Arkansas 4 Legislative Council or Joint Budget Committee which relate to its passage and 5 adoption. 6 The provisions of this section shall be in effect only from July 1, 2024 7 2025 through June 30, 2025 2026. 8 9 SECTION 9. EMERGENCY CLAUSE. It is found and determined by the General 10 Assembly, that the Constitution of the State of Arkansas prohibits the 11 appropriation of funds for more than a one (1) year period; that the 12 effectiveness of this Act on July 1, 2025 is essential to the operation of 13 the agency for which the appropriations in this Act are provided, and that in 14 the event of an extension of the legislative session, the delay in the 15 effective date of this Act beyond July 1, 2025 could work irreparable harm 16 upon the proper administration and provision of essential governmental 17 programs. Therefore, an emergency is hereby declared to exist and this Act 18 being necessary for the immediate preservation of the public peace, health 19 and safety shall be in full force and effect from and after July 1, 2025. 20 21 22 APPROVED: 2/13/25 23 24 25 26 27 28 29 30 31 32 33 34 35 36