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Arkansas Senate Bill SB29

Arkansas 2025 Regular Session

Arkansas Senate Bill SB29 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 58 of the Regular Session
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43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 SENATE BILL 29 3
76 4
87 By: Joint Budget Committee 5
98 6
109 7
1110 For An Act To Be Entitled 8
1211 AN ACT TO MAKE AN APPROPRIATION FOR THE DEPARTMENT OF 9
1312 HEALTH - ARKANSAS MINORITY HEALTH COMMISSION FOR THE 10
1413 MINORITY HEALTH INITIATIVE OF THE TARGETED STATE 11
1514 NEEDS PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 12
1615 2026; AND FOR OTHER PURPOSES. 13
1716 14
1817 15
1918 Subtitle 16
2019 AN ACT FOR THE ARKANSAS MINORITY HEALTH 17
2120 INITIATIVE OF THE DEPARTMENT OF HEALTH - 18
2221 ARKANSAS MINORITY HEALTH COMMISSION 19
2322 APPROPRIATION FOR THE 2025 -2026 FISCAL 20
2423 YEAR. 21
2524 22
2625 23
2726 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2827 25
2928 SECTION 1. REGULAR SALARIES - MINORITY HEALTH INITIATIVE. There is 26
3029 hereby established for the Department of Health - Arkansas Minority Health 27
3130 Commission for the 2025-2026 fiscal year, the following maximum number of 28
3231 regular employees. 29
3332 30
3433 Maximum Annual 31
3534 Maximum Salary Rate 32
3635 Item Class No. of Fiscal Year 33
3736 No. Code Title Employees 2025-2026 34
3837 (1) L038C REGISTERED NURSE 1 GRADE MP01 35
3938 (2) A082C ACCOUNTANT II 1 GRADE GS08 36 SB29
4039
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4241 (3) G147C GRANTS COORDINATOR 1 GRADE GS07 1
4342 (4) L053C HEALTH PROGRAM SPECIALIST I 1 GRADE GS06 2
4443 (5) R025C HUMAN RESOURCES ANALYST 1 GRADE GS06 3
4544 (6) A091C FISCAL SUPPORT ANALYST 1 GRADE GS05 4
4645 MAX. NO. OF EMPLOYEES 6 5
4746 6
4847 SECTION 2. APPROPRIATION - MINORITY HEALTH INITIATIVE . There is hereby 7
4948 appropriated, to the Department of Health , to be payable from the Targeted 8
5049 State Needs Program Account , for personal services and operating expenses of 9
5150 the Department of Health - Arkansas Minority Health Commission - Arkansas 10
5251 Minority Health Initiative for the fiscal year ending June 30, 2026, the 11
5352 following: 12
5453 13
5554 ITEM FISCAL YEAR 14
5655 NO. 2025-2026 15
5756 (01) REGULAR SALARIES $326,124 16
5857 (02) PERSONAL SERVICES MATCHING 122,431 17
5958 (03) MAINT. & GEN. OPERATION 18
6059 (A) OPER. EXPENSE 531,788 19
6160 (B) CONF. & TRAVEL 20,000 20
6261 (C) PROF. FEES 250,000 21
6362 (D) CAP. OUTLAY 0 22
6463 (E) DATA PROC. 0 23
6564 (04) PROMOTIONAL ITEMS 0 24
6665 (05) SCREENING, MONITORING, TREATING & 25
6766 OUTREACH 558,554 26
6867 TOTAL AMOUNT APPROPRIATED $1,808,897 27
6968 28
7069 SECTION 3. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 29
7170 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 30
7271 PROMOTIONAL ITEMS. The Chief Fiscal Officer of the State shall establish 31
7372 upon request for the Arkansas Minority Health Commission a special 32
7473 Promotional Items appropriation to be used in the acquisition of promotional 33
7574 items. When the Arkansas Minority Health Commission wishes to transfer from 34
7675 its operating expenses and/or Screening, Monitoring, Treating, Outreach & 35
7776 Advertising appropriation and funds to the promotional items line, the 36 SB29
7877
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8079 request shall be forwarded by the Arkansas Minority Health Commission to the 1
8180 Chief Fiscal Officer of the State for processing and for prior approval by 2
8281 the Arkansas Legislative Council or Joint Budget Committee. Determining the 3
8382 maximum number of employees and the maximum amount of appropriation and 4
8483 general revenue funding for a state agency each fiscal year is the 5
8584 prerogative of the General Assembly. This is usually accomplished by 6
8685 delineating such maximums in the appropriation act(s) for a state agency and 7
8786 the general revenue allocations authorized for each fund and fund account by 8
8887 amendment to the Revenue Stabilization law. Further, the General Assembly 9
8988 has determined that the Arkansas Minority Health Commission may operate more 10
9089 efficiently if some flexibility is provided to the Department of Health - 11
9190 Arkansas Minority Health Commission authorizing broad powers under this 12
9291 Section. Therefore, it is both necessary and appropriate that the General 13
9392 Assembly maintain oversight by requiring prior approval of the Legislative 14
9493 Council or Joint Budget Committee as provided by this section. The 15
9594 requirement of approval by the Legislative Council or Joint Budget Committee 16
9695 is not a severable part of this section. If the requirement of approval by 17
9796 the Legislative Council or Joint Budget Committee is ruled unconstitutional 18
9897 by a court of competent jurisdiction, this entire section is void. 19
9998 The provisions of this section shall be in effect only from July 1, 2024 20
10099 2025 through June 30, 2025 2026. 21
101100 22
102101 SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 23
103102 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 24
104103 RESTRICTIONS. The appropriations provided in this act shall not be 25
105104 transferred under the provisions of Arkansas Code 19 -4-522, but only as 26
106105 provided by this act. 27
107106 The provisions of this section shall be in effect only from July 1, 2024 28
108107 2025 through June 30, 2025 2026. 29
109108 30
110109 SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 31
111110 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 32
112111 OF APPROPRIATION. In the event the amount of any of the budget 33
113112 classifications of maintenance and general operation in this act are found by 34
114113 the administrative head of the agency to be inadequate, then the agency head 35
115114 may request, upon forms provided for such purpose by the Chief Fiscal Officer 36 SB29
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118117 of the State, a modification of the amounts of the budget classification. In 1
119118 that event, he or she shall set out on the forms the particular 2
120119 classifications for which he or she is requesting an increase or decrease, 3
121120 the amounts thereof, and his or her reasons therefor. In no event shall the 4
122121 total amount of the budget exceed either the amount of the appropriation or 5
123122 the amount of the funds available, nor shall any transfer be made from the 6
124123 capital outlay or data processing subclassifications unless specific 7
125124 authority for such transfers is provided by law, except for transfers from 8
126125 capital outlay to data processing when determined by the Department of 9
127126 Transformation & Shared Services - Division of Information Systems that data 10
128127 processing services for a state agency can be performed on a more cost -11
129128 efficient basis by the Department of Transformation & Shared Services - 12
130129 Division of Information Systems than through the purchase of data processing 13
131130 equipment by that state agency. In considering the proposed modification as 14
132131 prepared and submitted by each state agency, the Chief Fiscal Officer of the 15
133132 State shall make such studies as he or she deems necessary. The Chief Fiscal 16
134133 Officer of the State shall, after obtaining the approval of the Legislative 17
135134 Council or Joint Budget Committee, approve the requested transfer if in his 18
136135 or her opinion it is in the best interest of the state. 19
137136 The General Assembly has determined that the agency in this act could be 20
138137 operated more efficiently if some flexibility is given to that agency and 21
139138 that flexibility is being accomplished by providing authority to transfer 22
140139 between certain items of appropriation made by this act. Since the General 23
141140 Assembly has granted the agency broad powers under the transfer of 24
142141 appropriations, it is both necessary and appropriate that the General 25
143142 Assembly maintain oversight of the utilization of the transfers by requiring 26
144143 prior approval of the Legislative Council in the utilization of the transfer 27
145144 authority. Therefore, the requirement of approval by the Legislative Council 28
146145 is not a severable part of this section. If the requirement of approval by 29
147146 the Legislative Council is ruled unconstitutional by a court of competent 30
148147 jurisdiction, this entire section is void. 31
149148 The provisions of this section shall be in effect only from July 1, 2024 32
150149 2025 through June 30, 2025 2026. 33
151150 34
152151 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 35
153152 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 36 SB29
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156155 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 1
157156 State of Arkansas or any of its agencies or institutions to continue funding 2
158157 any position paid from the proceeds of the Tobacco Settlement in the event 3
159158 that Tobacco Settlement funds are not sufficient to finance the position. 4
160159 (b) State funds will not be used to replace Tobacco Settlement funds when 5
161160 such funds expire, unless appropriated by the General Assembly and authorized 6
162161 by the Governor. 7
163162 (c) A disclosure of the language contained in (a) and (b) of this Section 8
164163 shall be made available to all new hire and current positions paid from the 9
165164 proceeds of the Tobacco Settlement Commission by the Department of Health - 10
166165 Arkansas Minority Health Commission. 11
167166 (d) Whenever applicable the information contained in (a) and (b) of this 12
168167 section shall be included in the employee handbook and/or Professional 13
169168 Services Contract paid from the proceeds of the Tobacco Settlement. 14
170169 The provisions of this section shall be in effect only from July 1, 2024 15
171170 2025 through June 30, 2025 2026. 16
172171 17
173172 SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 18
174173 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 19
175174 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 20
176175 shall be limited to the appropriation for such agency and funds made 21
177176 available by law for the support of such appropriations; and the restrictions 22
178177 of the State Purchasing Law, the General Accounting and Budgetary Procedures 23
179178 Law, the Regular Salary Procedures and Restrictions Act, or their successors, 24
180179 and other fiscal control laws of this State, where applicable, and 25
181180 regulations promulgated by the Department of Finance and Administration, as 26
182181 authorized by law, shall be strictly complied with in disbursement of said 27
183182 funds. 28
184183 The provisions of this section shall be in effect only from July 1, 2024 29
185184 2025 through June 30, 2025 2026. 30
186185 31
187186 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32
188187 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 33
189188 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 34
190189 disbursed under the authority of the appropriations contained in this act 35
191190 shall be in compliance with the stated reasons for which this act was 36 SB29
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194193 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 1
195194 Executive Recommendations and Legislative Recommendations contained in the 2
196195 budget manuals prepared by the Department of Finance and Administration, 3
197196 letters, or summarized oral testimony in the official minutes of the Arkansas 4
198197 Legislative Council or Joint Budget Committee which relate to its passage and 5
199198 adoption. 6
200199 The provisions of this section shall be in effect only from July 1, 2024 7
201200 2025 through June 30, 2025 2026. 8
202201 9
203202 SECTION 9. EMERGENCY CLAUSE. It is found and determined by the General 10
204203 Assembly, that the Constitution of the State of Arkansas prohibits the 11
205204 appropriation of funds for more than a one (1) year period; that the 12
206205 effectiveness of this Act on July 1, 2025 is essential to the operation of 13
207206 the agency for which the appropriations in this Act are provided, and that in 14
208207 the event of an extension of the legislative session, the delay in the 15
209208 effective date of this Act beyond July 1, 2025 could work irreparable harm 16
210209 upon the proper administration and provision of essential governmental 17
211210 programs. Therefore, an emergency is hereby declared to exist and this Act 18
212211 being necessary for the immediate preservation of the public peace, health 19
213212 and safety shall be in full force and effect from and after July 1, 2025. 20
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216-APPROVED: 2/13/25 23
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