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Arkansas Senate Bill SB33

Arkansas 2025 Regular Session

Arkansas Senate Bill SB33 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 887 of the Regular Session
32 *LCW014* 01/08/2025 3:16:21 PM LCW014
43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 SENATE BILL 33 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 PERSONAL SERVICES 9
1312 AND OPERATING EXPENSES FOR THE DEPARTMENT OF HUMAN 10
1413 SERVICES - DIVISION OF MEDICAL SERVICES FOR THE 11
1514 FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER 12
1615 PURPOSES. 13
1716 14
1817 15
1918 Subtitle 16
2019 AN ACT FOR THE DEPARTMENT OF HUMAN 17
2120 SERVICES - DIVISION OF MEDICAL SERVICES 18
2221 APPROPRIATION FOR THE 2025 -2026 FISCAL 19
2322 YEAR. 20
2423 21
2524 22
2625 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2726 24
2827 SECTION 1. REGULAR SALARIES - OPERATIONS. There is hereby established 25
2928 for the Department of Human Services - Division of Medical Services for the 26
3029 2025-2026 fiscal year, the following maximum number of regular employees. 27
3130 28
3231 Maximum Annual 29
3332 Maximum Salary Rate 30
3433 Item Class No. of Fiscal Year 31
3534 No. Code Title Employees 2025-2026 32
3635 (1) N249N DHS DIVISION DIRECTOR 1 GRADE SE02 33
3736 (2) L016N REGISTERED PHARMACIST 4 GRADE MP05 34
3837 (3) L009C NURSE MANAGER 1 GRADE MP03 35
3938 (4) L027C REGISTERED NURSE SUPERVISOR 3 GRADE MP02 36 SB33
4039
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4241 (5) L038C REGISTERED NURSE 9 GRADE MP01 1
4342 (6) D006N STATE SYSTEMS ARCHITECT 1 GRADE IT10 2
4443 (7) D007C INFORMATION SYSTEMS MANAGER 2 GRADE IT08 3
4544 (8) D030C INFORMATION SYSTEMS COORDINATOR 1 GRADE IT07 4
4645 (9) D061C INFORMATION SYSTEMS COORDINATION SPEC 1 GRADE IT05 5
4746 (10) D058C COMPUTER OPERATIONS COORDINATOR 1 GRADE IT04 6
4847 (11) D068C INFORMATION SYSTEMS ANALYST 1 GRADE IT04 7
4948 (12) A019N DHS DEP CHIEF FIN OFFICER -MEDICAL SVCS 1 GRADE GS15 8
5049 (13) G286C DMS DEPUTY DIRECTOR 1 GRADE GS15 9
5150 (14) N100N DHS/DMS ADD - MEDICAL SERVICES 2 GRADE GS14 10
5251 (15) G277C DHS PROCESS IMPROVEMENT DIRECTOR 1 GRADE GS13 11
5352 (16) G025C ATTORNEY SUPERVISOR 1 GRADE GS12 12
5453 (17) N168N DHS DIR HOME & COMMUNITY BASED SVCS 1 GRADE GS12 13
5554 (18) A016C DHS DMS BUSINESS OPERATIONS MANAGER 8 GRADE GS12 14
5655 (19) V036C AGENCY PROCUREMENT ADMINISTRATOR 1 GRADE GS10 15
5756 (20) L010C DHS DMS MEDICAL ASSISTANCE MANAGER 3 GRADE GS10 16
5857 (21) G099C DHS PROGRAM ADMINISTRATOR 17 GRADE GS09 17
5958 (22) R021C BUDGET ANALYST 1 GRADE GS08 18
6059 (23) G152C DHS PROGRAM MANAGER 8 GRADE GS08 19
6160 (24) A081C AUDITOR 1 GRADE GS07 20
6261 (25) G183C DHS PROGRAM COORDINATOR 7 GRADE GS07 21
6362 (26) C037C ADMINISTRATIVE ANALYST 2 GRADE GS06 22
6463 (27) R027C BUDGET SPECIALIST 1 GRADE GS06 23
6564 (28) C013C MEDICAL SERVICES REPRESENTATIVE 1 GRADE GS06 24
6665 (29) C036C ADMINISTRATIVE REVIEW ANALYST 1 GRADE GS05 25
6766 (30) L070C HEALTH CARE ANALYST 3 GRADE GS05 26
6867 (31) C054C LOCAL OFFICE ADMINISTRATIVE SPEC 1 GRADE GS05 27
6968 (32) C056C ADMINISTRATIVE SPECIALIST III 3 GRADE GS04 28
7069 (33) A098C FISCAL SUPPORT SPECIALIST 1 GRADE GS04 29
7170 MAX. NO. OF EMPLOYEES 91 30
7271 31
7372 SECTION 2. EXTRA HELP - OPERATIONS. There is hereby authorized, for 32
7473 the Department of Human Services - Division of Medical Services for the 2025-33
7574 2026 fiscal year, the following maximum number of part -time or temporary 34
7675 employees, to be known as "Extra Help", payable from funds appropriated 35
7776 herein for such purposes: ten (10) temporary or part-time employees, when 36 SB33
7877
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8079 needed, at rates of pay not to exceed those provided in the Uniform 1
8180 Classification and Compensation Act, or its successor, or this act for the 2
8281 appropriate classification. 3
8382 4
8483 SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated, 5
8584 to the Department of Human Services , to be payable from the paying account as 6
8685 determined by the Chief Fiscal Officer of the State , for personal services 7
8786 and operating expenses of the Department of Human Services - Division of 8
8887 Medical Services for the fiscal year ending June 30, 2026, the following: 9
8988 10
9089 ITEM FISCAL YEAR 11
9190 NO. 2025-2026 12
9291 (01) REGULAR SALARIES $6,475,248 13
9392 (02) EXTRA HELP 201,892 14
9493 (03) PERSONAL SERVICES MATCHING 2,225,570 15
9594 (04) OVERTIME 2,241 16
9695 (05) MAINT. & GEN. OPERATION 17
9796 (A) OPER. EXPENSE 1,713,290 18
9897 (B) CONF. & TRAVEL 40,099 19
9998 (C) PROF. FEES 800,000 20
10099 (D) CAP. OUTLAY 0 21
101100 (E) DATA PROC. 0 22
102101 (06) DATA PROCESSING SERVICES 1,299,600 23
103102 TOTAL AMOUNT APPROPRIATED $12,757,940 24
104103 25
105104 SECTION 4. APPROPRIATION - GRANTS. There is hereby appropriated, to 26
106105 the Department of Human Services , to be payable from the paying account as 27
107106 determined by the Chief Fiscal Officer of the State , for grant payments of 28
108107 the Department of Human Services - Division of Medical Services for the 29
109108 fiscal year ending June 30, 2026, the following: 30
110109 31
111110 ITEM FISCAL YEAR 32
112111 NO. 2025-2026 33
113112 (01) ARKIDS B PROGRAM $167,661,480 34
114113 (02) HOSPITAL AND MEDICAL SERVICES 8,336,005,717 35
115114 (03) PRESCRIPTION DRUGS 625,636,547 36 SB33
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118117 (04) PRIVATE NURSING HOME CARE 1,048,963,434 1
119118 (05) CHILD AND FAMILY LIFE INSTITUTE 2,100,000 2
120119 (06) INFANT INFIRMARY 327,608 3
121120 (07) PUBLIC NURSING HOME CARE 217,529,350 4
122121 TOTAL AMOUNT APPROPRIATED $10,398,224,136 5
123122 6
124123 SECTION 5. APPROPRIATION - NURSING HOME CLOSURE COSTS . There is hereby 7
125124 appropriated, to the Department of Human Services - Division of Medical 8
126125 Services, to be payable from the Long-Term Care Trust Fund , for the payment 9
127126 of relocation costs of residents in long -term care facilities, maintenance 10
128127 and operation of a facility pending correction of deficiencies or closure, 11
129128 and reimbursement of residents for personal funds lost for the fiscal year 12
130129 ending June 30, 2026, the following: 13
131130 14
132131 ITEM FISCAL YEAR 15
133132 NO. 2025-2026 16
134133 (01) EXPENSES $4,500,000 17
135134 18
136135 SECTION 6. APPROPRIATION - LONG-TERM CARE FACILITY RECEIVERSHIP . There 19
137136 is hereby appropriated, to the Department of Human Services , to be payable 20
138137 from the Long Term Care Facility Receivership Fund Account , for the payment 21
139138 of expenses of long-term care facility receivers as authorized by law of the 22
140139 Department of Human Services - Division of Medical Services - Long-Term Care 23
141140 Facility Receivership for the fiscal year ending June 30, 2026, the 24
142141 following: 25
143142 26
144143 ITEM FISCAL YEAR 27
145144 NO. 2025-2026 28
146145 (01) EXPENSES $100,000 29
147146 30
148147 SECTION 7. APPROPRIATION - NURSING HOME QUALITY GRANTS . There is 31
149148 hereby appropriated, to the Department of Human Services , to be payable from 32
150149 the Long-Term Care Trust Fund , for Nursing Home Quality Care Grants of the 33
151150 Department of Human Services - Division of Medical Services - Nursing Home 34
152151 Quality Grants for the fiscal year ending June 30, 2026, the following: 35
153152 36 SB33
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156155 ITEM FISCAL YEAR 1
157156 NO. 2025-2026 2
158157 (01) NURSING HOME QUALITY GRANTS AND AID $4,000,000 3
159158 4
160159 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 5
161160 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 6
162161 MEDICAL SERVICES - GENERAL MEDICAID RATE METHODOLOGY PROVISIONS. 7
163162 (a) Rates established by the Division of Medical Services for the services 8
164163 or programs covered by this Act shall be calculated by the methodologies 9
165164 approved by the Centers for Medicare and Medicaid Services (CMS). The 10
166165 Division of Medical Services shall have the authority to reduce or increase 11
167166 rates based on the approved methodology. Further, the Division of Medical 12
168167 Services shall have the authority to increase or decrease rates for good 13
169168 cause including, but not limited to: (1) Identification of provider(s) who 14
170169 can render needed services of equal quality at rates less than traditionally 15
171170 charged and who meet the applicable federal and state laws, rules and 16
172171 regulations pertaining to the provision of a particular service; 17
173172 (2) Identification that a provider or group of providers has consistently 18
174173 charged rates to the Arkansas Medicaid Program greater than to other 19
175174 purchasers of medical services of similar size; 20
176175 (3) The Division determines that there has been significant changes in the 21
177176 technology or process by which services are provided by a provider or group 22
178177 of providers which has affected the costs of providing services, or; 23
179178 (4) A severe economic downturn in the Arkansas economy which has affected the 24
180179 overall state budget of the Division of Medical Services. 25
181180 The Division of Medical Services shall make available to requesting 26
182181 providers, the CMS's inflationary forecasts (CMS Market Basket Index). Rates 27
183182 established with cost of living increases based on the CMS Market Basket 28
184183 Index or other indices will be adjusted annually except when the state budget 29
185184 does not provide sufficient appropriation and funding to affect the change or 30
186185 portion thereof. 31
187186 (b) Any rate methodology changes proposed by the Division of Medical 32
188187 Services both of a general and specific nature, shall be subject to prior 33
189188 approval by the Legislative Council or Joint Budget Committee. 34
190189 Determining the maximum number of employees and the maximum amount of 35
191190 appropriation and general revenue funding for a state agency each fiscal year 36 SB33
192191
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194193 is the prerogative of the General Assembly. This is usually accomplished by 1
195194 delineating such maximums in the appropriation act(s) for a state agency and 2
196195 the general revenue allocations authorized for each fund and fund account by 3
197196 amendment to the Revenue Stabilization law. Further, the General Assembly has 4
198197 determined that the Department of Human Services – Division of Medical 5
199198 Services may operate more efficiently if some flexibility is provided to the 6
200199 Department of Human Services – Division of Medical Services authorizing broad 7
201200 powers under this section. Therefore, it is both necessary and appropriate 8
202201 that the General Assembly maintain oversight by requiring prior approval of 9
203202 the Legislative Council or Joint Budget Committee as provided by this 10
204203 section. The requirement of approval by the Legislative Council or Joint 11
205204 Budget Committee is not a severable part of this section. If the requirement 12
206205 of approval by the Legislative Council or Joint Budget Committee is ruled 13
207206 unconstitutional by a court of competent jurisdiction, this entire section is 14
208207 void. 15
209208 The provisions of this section shall be in effect only from July 1, 2024 16
210209 2025 through June 30, 2025 2026. 17
211210 18
212211 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 19
213212 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND 20
214213 USAGE AUTHORIZED. The Arkansas Children's Hospital may request the Department 21
215214 of Human Services - Division of Medical Services to retain in the Department 22
216215 of Human Services Grant Fund account an amount not to exceed $2,100,000 from 23
217216 funds made available by this Act in the Child and Family Life Institute line 24
218217 item of the Grants appropriation to be used to match federal funds used for 25
219218 supplemental Medicaid payments to Arkansas Children's Hospital. These 26
220219 retained funds shall not be recovered to transfer to the General Revenue 27
221220 Allotment Reserve Fund. 28
222221 The provisions of this section shall be in effect only from July 1, 2024 29
223222 2025 through June 30, 2025 2026. 30
224223 31
225224 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32
226225 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ARKANSAS 33
227226 HEALTH AND OPPORTUNITY FOR ME AND ARKANSAS HEALTH INSURANCE MARKETPLACE 34
228227 RESTRICTIONS. (a) As used in this section, "Arkansas Health and Opportunity 35
229228 for Me" means Arkansas Health and Opportunity for Me established under the 36 SB33
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232231 Arkansas Health and Opportunity for Me Act of 2021, Arkansas Code § 23 -61-1
233232 1001 et seq. 2
234233 (b)(1) Determining the maximum number of employees, the maximum amount 3
235234 of appropriation, for what purposes an appropriation is authorized, and 4
236235 general revenue funding for a state agency each fiscal year is the 5
237236 prerogative of the General Assembly. 6
238237 (2) The purposes of subdivision (b)(1) of this section are 7
239238 typically accomplished by: 8
240239 (A) Identifying the purpose in the appropriation act; 9
241240 (B) Delineating such maximums in the appropriation act for 10
242241 a state agency; and 11
243242 (C) Delineating the general revenue allocations authorized 12
244243 for each fund and fund account by amendment to the Revenue Stabilization Law, 13
245244 Arkansas Code § 19-5-101 et seq. 14
246245 (3) It is both necessary and appropriate that the General 15
247246 Assembly restrict the use of appropriations authorized in this act. 16
248247 (c)(1) Except as provided in this subsection, the Department of Human 17
249248 Services shall not allocate, budget, expend, or utilize any appropriation 18
250249 authorized by the General Assembly for the purpose of advertisement, 19
251250 promotion, or other activities designed to promote or encourage enrollment in 20
252251 the Arkansas Health Insurance Marketplace or Arkansas Health and Opportunity 21
253252 for Me, including without limitation: 22
254253 (A) Unsolicited communications mailed to potential 23
255254 recipients; 24
256255 (B) Television, radio, or online commercials; 25
257256 (C) Billboard or mobile billboard advertising; 26
258257 (D) Advertisements printed in newspapers, magazines, or 27
259258 other print media; and 28
260259 (E) Internet websites and electronic media. 29
261260 (2) This subsection does not prohibit the department from: 30
262261 (A) Direct communications with: 31
263262 (i) Licensed insurance agents; and 32
264263 (ii) Persons licensed by the department; 33
265264 (B) Solicited communications with potential recipients; 34
266265 (C)(i) Responding to an inquiry regarding the coverage for 35
267266 which a potential recipient might be eligible, including without limitation 36 SB33
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270269 providing educational materials or information regarding any coverage for 1
271270 which the individual might qualify. 2
272271 (ii) Educational materials and information 3
273272 distributed under subdivision (c)(2)(C)(i) of this section shall contain only 4
274273 factual information and shall not contain subjective statements regarding the 5
275274 coverage for which the potential recipient might be eligible; and 6
276275 (D) Using an Internet website for the exclusive purpose of 7
277276 enrolling individuals in the Arkansas Health Insurance Marketplace or 8
278277 Arkansas Health and Opportunity for Me . 9
279278 (d) The Department of Human Services shall not apply for or accept any 10
280279 funds, including without limitation federal funds, for the purpose of 11
281280 advertisement, promotion, or other activities designed to promote or 12
282281 encourage enrollment in the Arkansas Health Insurance Marketplace or Arkansas 13
283282 Health and Opportunity for Me . 14
284283 (e)(1) Except as provided in subdivision (e)(2) of this section, the 15
285284 Department of Human Services shall not: 16
286285 (A)(i) Except as provided in subdivision (e)(1)(A)(ii) of 17
287286 this section, allocate, budget, expend, or utilize an appropriation 18
288287 authorized by the General Assembly for the purpose of funding activities of 19
289288 navigators, guides, certified application counselors, and certified licensed 20
290289 producers under the Arkansas Health Insurance Marketplace Navigator, Guide, 21
291290 and Certified Application Counselors Act, Arkansas Code § 23 -64-601 et seq. 22
292291 (ii) Subdivision (e)(1)(A)(i) of this section does 23
293292 not apply to regulatory and training responsibilities related to navigators, 24
294293 guides, certified application counselors, and certified licensed producers; 25
295294 and 26
296295 (B) Apply for or accept any funds, including without 27
297296 limitation federal funds, for the purpose of funding activities of 28
298297 navigators, guides, certified application counselors, and certified licensed 29
299298 producers under the Arkansas Health Insurance Marketplace Navigator, Guide, 30
300299 and Certified Application Counselors Act, Arkansas Code § 23 -64-601 et seq. 31
301300 (2) Subdivision (e)(1) of this section does not apply to 32
302301 certified application counselors at health related institutions, including 33
303302 without limitation the University of Arkansas for Medical Sciences. 34
304303 (f) An appropriation authorized by the General Assembly shall not be 35
305304 subject to the provisions allowed through reallocation of resources or 36 SB33
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308307 transfer of appropriation authority for the purpose of transferring an 1
309308 appropriation to any other appropriation authorized for the Department of 2
310309 Human Services to be allocated, budgeted, expended, or utilized in a manner 3
311310 prohibited by this section. 4
312311 (g) The provisions of this section are severable, and the invalidity 5
313312 of any subsection or subdivision of this section shall not affect other 6
314313 provisions of the section that can be given effect without the invalid 7
315314 provision. 8
316315 (h) This section expires on June 30, 2025 2026. 9
317316 10
318317 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 11
319318 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAL 12
320319 SERVICES – COMMUNITY AND EMPLOYMENT SUPPORTS MEDICAID WAIVER. 13
321320 (a) Of the funding allocated to the Department of Human Services Grants 14
322321 Fund Account under § 19 -5-402, the first thirty -seven million six hundred 15
323322 thousand dollars ($37,600,000) shall be set aside in its own subfund by the 16
324323 Department of Human Services and shall be used only for home and community -17
325324 based services to individuals with intellectual and developmental 18
326325 disabilities under the Community and Employment Supports Medicaid Waiver 19
327326 Program or a successor Medicaid Waiver program that provides home and 20
328327 community-based services to individuals with intellectual and developmental 21
329328 disabilities. 22
330329 (b) At the close of the fiscal year ending June 30, 2025 2026, any 23
331330 unexpended balance of monies set aside as established in subsection (a) 24
332331 herein shall be transferred forward and made available for the same purpose 25
333332 for the fiscal year ending June 30, 2026 2027. 26
334333 (c) The provisions of this section shall be in effect only from July 1, 27
335334 2024 2025 through June 30, 2025 2026. 28
336335 29
337336 SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 30
338337 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. MEDICAID 31
339338 PROGRAM TRUST FUND DISTRIBUTION AND BALANCE REPORT. (a) The Department of 32
340339 Human Services shall submit monthly an “Arkansas Medicaid Program Trust Fund 33
341340 Distribution and Balance" report to the Arkansas Legislative Council PEER 34
342341 Subcommittee or, if meeting in a Legislative Session, the Joint Budget 35
343342 Committee PEER/Review Subcommittee no later than ten days prior to the 36 SB33
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346345 Subcommittee's scheduled meeting date. 1
347346 (b) The report shall summarize the current total fund balance and the 2
348347 past five Fiscal Year ending total fund balances of the Arkansas Medicaid 3
349348 Program Trust Fund. 4
350349 (c) The report shall contain, cumulatively over the course of the 5
351350 fiscal year, by month for each distribution from the Arkansas Medicaid 6
352351 Program Trust Fund and its subfunds, the following: 7
353352 (1) The amount of the distribution; 8
354353 (2) The date of the distribution; 9
355354 (3) The fund code to which the distribution was made; 10
356355 (4) The appropriation line item name from which the funds are 11
357356 distributed; and 12
358357 (5) The purpose of the distribution. 13
359358 (d) The provisions of this section shall be in effect only from July 1, 14
360359 2024 2025 through June 30, 2025 2026. 15
361360 16
362361 SECTION 13. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 17
363362 authorized by this act shall be limited to the appropriation for such agency 18
364363 and funds made available by law for the support of such appropriations; and 19
365364 the restrictions of the State Procurement Law, the General Accounting and 20
366365 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 21
367366 Procedures and Restrictions Act, or their successors, and other fiscal 22
368367 control laws of this State, where applicable, and regulations promulgated by 23
369368 the Department of Finance and Administration, as authorized by law, shall be 24
370369 strictly complied with in disbursement of said funds. 25
371370 26
372371 SECTION 14. LEGISLATIVE INTENT. It is the intent of the General 27
373372 Assembly that any funds disbursed under the authority of the appropriations 28
374373 contained in this act shall be in compliance with the stated reasons for 29
375374 which this act was adopted, as evidenced by the Agency Requests, Executive 30
376375 Recommendations and Legislative Recommendations contained in the budget 31
377376 manuals prepared by the Department of Finance and Administration, letters, or 32
378377 summarized oral testimony in the official minutes of the Arkansas Legislative 33
379378 Council or Joint Budget Committee which relate to its passage and adoption. 34
380379 35
381380 SECTION 15. EMERGENCY CLAUSE. It is found and determined by the 36 SB33
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384383 General Assembly, that the Constitution of the State of Arkansas prohibits 1
385384 the appropriation of funds for more than a one (1) year period; that the 2
386385 effectiveness of this Act on July 1, 2025 is essential to the operation of 3
387386 the agency for which the appropriations in this Act are provided, and that in 4
388387 the event of an extension of the legislative session, the delay in the 5
389388 effective date of this Act beyond July 1, 2025 could work irreparable harm 6
390389 upon the proper administration and provision of essential governmental 7
391390 programs. Therefore, an emergency is hereby declared to exist and this Act 8
392391 being necessary for the immediate preservation of the public peace, health 9
393392 and safety shall be in full force and effect from and after July 1, 2025. 10
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396-APPROVED: 4/18/25 13
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