Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB30 Draft / Bill

Filed 01/07/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 30 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 9 
SERVICES, OPERATING EXPENSES AND GRANTS FOR THE 10 
PURPOSE OF MONITORING AND EVALUATING PROGRAM 11 
EXPENDITURES FROM THE PROGRAM ACCOUNTS OF THE TOBACCO 12 
SETTLEMENT PROGRAM FUND FOR THE DEPARTMENT OF HEALTH 13 
- ARKANSAS TOBACCO SETTLEMENT COMMISSION FOR THE 14 
FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER 15 
PURPOSES.  16 
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Subtitle 19 
AN ACT FOR THE DEPARTMENT OF HEALTH - 20 
ARKANSAS TOBACCO SETTLEMENT COMMISSION 21 
APPROPRIATION FOR THE 2025 -2026 FISCAL 22 
YEAR. 23 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 
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 SECTION 1. REGULAR SALARIES - OPERATIONS.  There is hereby established 28 
for the Department of Health - Arkansas Tobacco Settlement Commission for the 29 
2025-2026 fiscal year, the following maximum number of regular employees. 30 
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                                                            Maximum Annual 32 
                                               Maximum        Salary Rate 33 
 Item  Class                                    No. of        Fiscal Year 34 
  No.  Code  Title                            Employees          2025-2026 35 
  (1)  C037C ADMINISTRATIVE ANALYST                  1        GRADE GS06 36    	SB30 
 
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       MAX. NO. OF EMPLOYEES                         1 1 
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 SECTION 2. APPROPRIATION - OPERATIONS.  There is hereby appropriated, 3 
to the Department of Health , to be payable from the Tobacco Settlement 4 
Commission Fund, for personal services and operating expenses necessary to 5 
monitor and evaluate the various program accounts established within the 6 
Tobacco Settlement Program Fund, and to provide grants as authorized in 7 
Section 17 of Initiated Act 1 of 2000 of the Department of Health - Arkansas 8 
Tobacco Settlement Commission for the fiscal year ending June 30, 2026, the 9 
following: 10 
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ITEM                                                           FISCAL YEAR 12 
 NO.                                                             2025-2026 13 
(01)  REGULAR SALARIES                                             $43,881 14 
(02)  PERSONAL SERVICES MATCHING                                    18,000 15 
(03)  MAINT. & GEN. OPERATION 16 
      (A) OPER. EXPENSE                                             42,575 17 
      (B) CONF. & TRAVEL                                             3,000 18 
      (C) PROF. FEES                                               250,000 19 
      (D) CAP. OUTLAY                                                    0 20 
      (E) DATA PROC.                                                     0 21 
(04)  TOBACCO SETTLEMENT GRANTS                                         0 22 
      TOTAL AMOUNT APPROPRIATED                                  $357,456 23 
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 SECTION 3. SPECIAL LANGUAGE.  NOT TO BE INCORPORATED INTO THE ARKANSAS 25 
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.  	TRANSFER 26 
RESTRICTIONS.  The appropriations provided in this act shall not be 27 
transferred under the provisions of Arkansas Code 19 -4-522, but only as 28 
provided by this act. 29 
   The provisions of this section shall be in effect only from July 1, 	2024 30 
2025 through June 30, 2025 2026. 31 
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 SECTION 4. SPECIAL LANGUAGE.  NOT TO BE INCORPORATED INTO THE ARKANSAS 33 
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.  	TRANSFERS 34 
OF APPROPRIATIONS. In the event the amount of any of the budget 35 
classifications of maintenance and general operation in this act are found by 36    	SB30 
 
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the administrative head of the agency to be inadequate, then the agency head 1 
may request, upon forms provided for such purpose by the Chief Fiscal Officer 2 
of the State, a modification of the amounts of the budget classification. In 3 
that event, he shall set out on the forms the particular classifications for 4 
which he is requesting an increase or decrease, the amounts thereof, and his 5 
reasons therefor. In no event shall the total amount of the budget exceed 6 
either the amount of the appropriation or the amount of the funds available, 7 
nor shall any transfer be made from the capital outlay or data processing 8 
subclassifications unless specific authority for such transfers is provided 9 
by law, except for transfers from capital outlay to data processing when 10 
determined by the Department of Transformation & Shared Services - Division 11 
of Information Systems that data processing services for a state agency can 12 
be performed on a more cost -efficient basis by the Department of 13 
Transformation & Shared Services - Division of Information Systems than 14 
through the purchase of data processing equipment by that state agency. In 15 
considering the proposed modification as prepared and submitted by each state 16 
agency, the Chief Fiscal Officer of the State shall make such studies as he 17 
deems necessary. The Chief Fiscal Officer of the State shall, after obtaining 18 
the approval of the Legislative Council, approve the requested transfer if in 19 
his opinion it is in the best interest of the state. 20 
   The General Assembly has determined that the agency in this act could be 21 
operated more efficiently if some flexibility is given to that agency and 22 
that flexibility is being accomplished by providing authority to transfer 23 
between certain items of appropriation made by this act. Since the General 24 
Assembly has granted the agency broad powers under the transfer of 25 
appropriations, it is both necessary and appropriate that the General 26 
Assembly maintain oversight of the utilization of the transfers by requiring 27 
prior approval of the Legislative Council in the utilization of the transfer 28 
authority.  Therefore, the requirement of approval by the Legislative Council 29 
is not a severable part of this section.  If the requirement of approval by 30 
the Legislative Council is ruled unconstitutional by a court of competent 31 
jurisdiction, this entire section is void. 32 
   The provisions of this section shall be in effect only from July 1, 	2024 33 
2025 through June 30, 2025 2026. 34 
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 SECTION 5. SPECIAL LANGUAGE.  NOT TO BE INCORPORATED INTO THE ARKANSAS 36    	SB30 
 
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CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.  1 
POSITIONS. (a)  Nothing in this act shall be construed as a commitment of the 2 
State of Arkansas or any of its agencies or institutions to continue funding 3 
any position paid from the proceeds of the Tobacco Settlement in the event 4 
that Tobacco Settlement funds are not sufficient to finance the position.  5 
(b) State funds will not be used to replace Tobacco Settlement funds when 6 
such funds expire, unless appropriated by the General Assembly and authorized 7 
by the Governor. 8 
(c) A disclosure of the language contained in (a) and (b) of this Section 9 
shall be made available to all new hire and current positions paid from the 10 
proceeds of the Tobacco Settlement by the Tobacco Settlement 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 
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 SECTION 6. 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 
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 SECTION 7. 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    	SB30 
 
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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 
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 SECTION 8. 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 
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