3 | 2 | | *MAH008* 01/06/2025 3:45:58 PM MAH008 |
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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 SENATE BILL 30 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 9 |
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13 | 12 | | SERVICES, OPERATING EXPENSES AND GRANTS FOR THE 10 |
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14 | 13 | | PURPOSE OF MONITORING AND EVALUATING PROGRAM 11 |
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15 | 14 | | EXPENDITURES FROM THE PROGRAM ACCOUNTS OF THE TOBACCO 12 |
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16 | 15 | | SETTLEMENT PROGRAM FUND FOR THE DEPARTMENT OF HEALTH 13 |
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17 | 16 | | - ARKANSAS TOBACCO SETTLEMENT COMMISSION FOR THE 14 |
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18 | 17 | | FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER 15 |
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19 | 18 | | PURPOSES. 16 |
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20 | 19 | | 17 |
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21 | 20 | | 18 |
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22 | 21 | | Subtitle 19 |
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23 | 22 | | AN ACT FOR THE DEPARTMENT OF HEALTH - 20 |
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24 | 23 | | ARKANSAS TOBACCO SETTLEMENT COMMISSION 21 |
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25 | 24 | | APPROPRIATION FOR THE 2025 -2026 FISCAL 22 |
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26 | 25 | | YEAR. 23 |
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27 | 26 | | 24 |
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28 | 27 | | 25 |
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29 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 |
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30 | 29 | | 27 |
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31 | 30 | | SECTION 1. REGULAR SALARIES - OPERATIONS. There is hereby established 28 |
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32 | 31 | | for the Department of Health - Arkansas Tobacco Settlement Commission for the 29 |
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33 | 32 | | 2025-2026 fiscal year, the following maximum number of regular employees. 30 |
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34 | 33 | | 31 |
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35 | 34 | | Maximum Annual 32 |
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36 | 35 | | Maximum Salary Rate 33 |
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37 | 36 | | Item Class No. of Fiscal Year 34 |
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38 | 37 | | No. Code Title Employees 2025-2026 35 |
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39 | 38 | | (1) C037C ADMINISTRATIVE ANALYST 1 GRADE GS06 36 SB30 |
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40 | 39 | | |
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41 | 40 | | 2 01/06/2025 3:45:58 PM MAH008 |
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42 | 41 | | MAX. NO. OF EMPLOYEES 1 1 |
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43 | 42 | | 2 |
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44 | 43 | | SECTION 2. APPROPRIATION - OPERATIONS. There is hereby appropriated, 3 |
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45 | 44 | | to the Department of Health , to be payable from the Tobacco Settlement 4 |
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46 | 45 | | Commission Fund, for personal services and operating expenses necessary to 5 |
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47 | 46 | | monitor and evaluate the various program accounts established within the 6 |
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48 | 47 | | Tobacco Settlement Program Fund, and to provide grants as authorized in 7 |
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49 | 48 | | Section 17 of Initiated Act 1 of 2000 of the Department of Health - Arkansas 8 |
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50 | 49 | | Tobacco Settlement Commission for the fiscal year ending June 30, 2026, the 9 |
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51 | 50 | | following: 10 |
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52 | 51 | | 11 |
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53 | 52 | | ITEM FISCAL YEAR 12 |
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54 | 53 | | NO. 2025-2026 13 |
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55 | 54 | | (01) REGULAR SALARIES $43,881 14 |
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56 | 55 | | (02) PERSONAL SERVICES MATCHING 18,000 15 |
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57 | 56 | | (03) MAINT. & GEN. OPERATION 16 |
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58 | 57 | | (A) OPER. EXPENSE 42,575 17 |
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59 | 58 | | (B) CONF. & TRAVEL 3,000 18 |
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60 | 59 | | (C) PROF. FEES 250,000 19 |
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61 | 60 | | (D) CAP. OUTLAY 0 20 |
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62 | 61 | | (E) DATA PROC. 0 21 |
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63 | 62 | | (04) TOBACCO SETTLEMENT GRANTS 0 22 |
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64 | 63 | | TOTAL AMOUNT APPROPRIATED $357,456 23 |
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65 | 64 | | 24 |
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66 | 65 | | SECTION 3. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 25 |
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67 | 66 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 26 |
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68 | 67 | | RESTRICTIONS. The appropriations provided in this act shall not be 27 |
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69 | 68 | | transferred under the provisions of Arkansas Code 19 -4-522, but only as 28 |
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70 | 69 | | provided by this act. 29 |
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71 | 70 | | The provisions of this section shall be in effect only from July 1, 2024 30 |
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72 | 71 | | 2025 through June 30, 2025 2026. 31 |
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73 | 72 | | 32 |
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74 | 73 | | SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 33 |
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75 | 74 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 34 |
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76 | 75 | | OF APPROPRIATIONS. In the event the amount of any of the budget 35 |
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77 | 76 | | classifications of maintenance and general operation in this act are found by 36 SB30 |
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78 | 77 | | |
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80 | 79 | | the administrative head of the agency to be inadequate, then the agency head 1 |
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81 | 80 | | may request, upon forms provided for such purpose by the Chief Fiscal Officer 2 |
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82 | 81 | | of the State, a modification of the amounts of the budget classification. In 3 |
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83 | 82 | | that event, he shall set out on the forms the particular classifications for 4 |
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84 | 83 | | which he is requesting an increase or decrease, the amounts thereof, and his 5 |
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85 | 84 | | reasons therefor. In no event shall the total amount of the budget exceed 6 |
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86 | 85 | | either the amount of the appropriation or the amount of the funds available, 7 |
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87 | 86 | | nor shall any transfer be made from the capital outlay or data processing 8 |
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88 | 87 | | subclassifications unless specific authority for such transfers is provided 9 |
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89 | 88 | | by law, except for transfers from capital outlay to data processing when 10 |
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90 | 89 | | determined by the Department of Transformation & Shared Services - Division 11 |
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91 | 90 | | of Information Systems that data processing services for a state agency can 12 |
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92 | 91 | | be performed on a more cost -efficient basis by the Department of 13 |
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93 | 92 | | Transformation & Shared Services - Division of Information Systems than 14 |
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94 | 93 | | through the purchase of data processing equipment by that state agency. In 15 |
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95 | 94 | | considering the proposed modification as prepared and submitted by each state 16 |
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96 | 95 | | agency, the Chief Fiscal Officer of the State shall make such studies as he 17 |
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97 | 96 | | deems necessary. The Chief Fiscal Officer of the State shall, after obtaining 18 |
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98 | 97 | | the approval of the Legislative Council, approve the requested transfer if in 19 |
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99 | 98 | | his opinion it is in the best interest of the state. 20 |
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100 | 99 | | The General Assembly has determined that the agency in this act could be 21 |
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101 | 100 | | operated more efficiently if some flexibility is given to that agency and 22 |
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102 | 101 | | that flexibility is being accomplished by providing authority to transfer 23 |
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103 | 102 | | between certain items of appropriation made by this act. Since the General 24 |
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104 | 103 | | Assembly has granted the agency broad powers under the transfer of 25 |
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105 | 104 | | appropriations, it is both necessary and appropriate that the General 26 |
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106 | 105 | | Assembly maintain oversight of the utilization of the transfers by requiring 27 |
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107 | 106 | | prior approval of the Legislative Council in the utilization of the transfer 28 |
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108 | 107 | | authority. Therefore, the requirement of approval by the Legislative Council 29 |
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109 | 108 | | is not a severable part of this section. If the requirement of approval by 30 |
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110 | 109 | | the Legislative Council is ruled unconstitutional by a court of competent 31 |
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111 | 110 | | jurisdiction, this entire section is void. 32 |
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112 | 111 | | The provisions of this section shall be in effect only from July 1, 2024 33 |
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113 | 112 | | 2025 through June 30, 2025 2026. 34 |
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114 | 113 | | 35 |
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115 | 114 | | SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 36 SB30 |
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116 | 115 | | |
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118 | 117 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 1 |
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119 | 118 | | POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 2 |
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120 | 119 | | State of Arkansas or any of its agencies or institutions to continue funding 3 |
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121 | 120 | | any position paid from the proceeds of the Tobacco Settlement in the event 4 |
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122 | 121 | | that Tobacco Settlement funds are not sufficient to finance the position. 5 |
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123 | 122 | | (b) State funds will not be used to replace Tobacco Settlement funds when 6 |
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124 | 123 | | such funds expire, unless appropriated by the General Assembly and authorized 7 |
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125 | 124 | | by the Governor. 8 |
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126 | 125 | | (c) A disclosure of the language contained in (a) and (b) of this Section 9 |
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127 | 126 | | shall be made available to all new hire and current positions paid from the 10 |
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128 | 127 | | proceeds of the Tobacco Settlement by the Tobacco Settlement Commission. 11 |
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129 | 128 | | (d) Whenever applicable the information contained in (a) and (b) of this 12 |
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130 | 129 | | Section shall be included in the employee handbook and/or Professional 13 |
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131 | 130 | | Services Contract paid from the proceeds of the Tobacco Settlement. 14 |
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132 | 131 | | The provisions of this section shall be in effect only from July 1, 2024 15 |
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133 | 132 | | 2025 through June 30, 2025 2026. 16 |
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134 | 133 | | 17 |
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135 | 134 | | SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 18 |
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136 | 135 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 19 |
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137 | 136 | | COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 20 |
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138 | 137 | | shall be limited to the appropriation for such agency and funds made 21 |
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139 | 138 | | available by law for the support of such appropriations; and the restrictions 22 |
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140 | 139 | | of the State Purchasing Law, the General Accounting and Budgetary Procedures 23 |
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141 | 140 | | Law, the Regular Salary Procedures and Restrictions Act, or their successors, 24 |
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142 | 141 | | and other fiscal control laws of this State, where applicable, and 25 |
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143 | 142 | | regulations promulgated by the Department of Finance and Administration, as 26 |
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144 | 143 | | authorized by law, shall be strictly complied with in disbursement of said 27 |
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145 | 144 | | funds. 28 |
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146 | 145 | | The provisions of this section shall be in effect only from July 1, 2024 29 |
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147 | 146 | | 2025 through June 30, 2025 2026. 30 |
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148 | 147 | | 31 |
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149 | 148 | | SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32 |
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150 | 149 | | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 33 |
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151 | 150 | | LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 34 |
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152 | 151 | | disbursed under the authority of the appropriations contained in this act 35 |
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153 | 152 | | shall be in compliance with the stated reasons for which this act was 36 SB30 |
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154 | 153 | | |
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156 | 155 | | adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 1 |
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157 | 156 | | Executive Recommendations and Legislative Recommendations contained in the 2 |
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158 | 157 | | budget manuals prepared by the Department of Finance and Administration, 3 |
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159 | 158 | | letters, or summarized oral testimony in the official minutes of the Arkansas 4 |
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160 | 159 | | Legislative Council or Joint Budget Committee which relate to its passage and 5 |
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161 | 160 | | adoption. 6 |
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162 | 161 | | The provisions of this section shall be in effect only from July 1, 2024 7 |
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163 | 162 | | 2025 through June 30, 2025 2026. 8 |
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164 | 163 | | 9 |
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165 | 164 | | SECTION 8. EMERGENCY CLAUSE. It is found and determined by the General 10 |
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166 | 165 | | Assembly, that the Constitution of the State of Arkansas prohibits the 11 |
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167 | 166 | | appropriation of funds for more than a one (1) year period; that the 12 |
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168 | 167 | | effectiveness of this Act on July 1, 2025 is essential to the operation of 13 |
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169 | 168 | | the agency for which the appropriations in this Act are provided, and that in 14 |
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170 | 169 | | the event of an extension of the legislative session, the delay in the 15 |
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171 | 170 | | effective date of this Act beyond July 1, 2025 could work irreparable harm 16 |
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172 | 171 | | upon the proper administration and provision of essential governmental 17 |
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173 | 172 | | programs. Therefore, an emergency is hereby declared to exist and this Act 18 |
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174 | 173 | | being necessary for the immediate preservation of the public peace, health 19 |
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175 | 174 | | and safety shall be in full force and effect from and after July 1, 2025. 20 |
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177 | 176 | | 22 |
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