Stricken language would be deleted from and underlined language would be added to present law. Act 1016 of the Regular Session *JAR033* 04-14-2025 11:42:38 JAR033 State of Arkansas As Engrossed: S4/9/25 S4/14/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 67 3 4 By: Joint Budget Committee 5 6 7 For An Act To Be Entitled 8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 9 AND OPERATING EXPENSES FOR THE ARKANSAS PUBLIC 10 DEFENDER COMMISSION FOR THE FISCAL YEAR ENDING JUNE 11 30, 2026; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 AN ACT FOR THE ARKANSAS PUBLIC DEFENDER 16 COMMISSION APPROPRIATION FOR THE 2025 -17 2026 FISCAL YEAR. 18 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. REGULAR SALARIES - STATE OPERATIONS. There is hereby 23 established for the Arkansas Public Defender Commission - State Operations 24 for the 2025-2026 fiscal year, the following maximum number of regular 25 employees. 26 27 Maximum Annual 28 Maximum Salary Rate 29 Item Class No. of Fiscal Year 30 No. Code Title Employees 2025 -2026 31 (1) U082U PUBLIC DEF COMM EXEC DIRECTOR 1 GRADE SE03 32 (2) G317C APDC MANAGEMENT ASSOCIATE 1 GRADE SE01 33 (3) G334C CHIEF PUBLIC DEFENDER II 9 GRADE GS15 34 (4) A014C FISCAL DIVISION MANAGER 1 GRADE GS12 35 (5) X222C APDC CHIEF CAPITAL INVESTIGATOR 1 GRADE GS10 36 As Engrossed: S4/9/25 S4/14/25 SB67 2 04-14-2025 11:42:38 JAR033 (6) G336C MITIGATION SPECIALIST II 1 GRADE GS08 1 (7) G335C PD INVESTIGATOR SPECIALIST 1 GRADE GS08 2 (8) G337C PD LEGAL SERVICES SPECIALIST 2 GRADE GS08 3 (9) X056C CAPITAL CONFLICTS INVESTIGATOR 1 GRADE GS07 4 (10) G122C PUBLIC DEFENDER PROGRAM COORDINATOR 1 GRADE GS06 5 (11) C012C PUBLIC DEFENDER SUPT SVCS SPECIALIST 2 GRADE GS05 6 (12) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04 7 MAX. NO. OF EMPLOYEES 22 8 9 SECTION 2. EXTRA HELP - STATE OPERATIONS. There is hereby authorized, 10 for the Arkansas Public Defender Commission - State Operations for the 2025 -11 2026 fiscal year, the following maximum number of part -time or temporary 12 employees, to be known as "Extra Help", payable from funds appropriated 13 herein for such purposes: three (3) temporary or part -time employees, when 14 needed, at rates of pay not to exceed those provided in the Uniform 15 Classification and Compensation Act, or its successor, or this act for the 16 appropriate classification. 17 18 SECTION 3. APPROPRIATION - STATE OPERATIONS. There is hereby 19 appropriated, to the Arkansas Public Defender Commission, to be payable from 20 the State Central Services Fund, for personal services and operating expenses 21 of the Arkansas Public Defender Commission - State Operations for the fiscal 22 year ending June 30, 2026, the following: 23 24 ITEM FISCAL YEAR 25 NO. 2025 -2026 26 (01) REGULAR SALARIES $2,108,619 27 (02) EXTRA HELP 12,000 28 (03) PERSONAL SERVICES MATCHING 660,900 29 (04) MAINT. & GEN. OPERATION 30 (A) OPER. EXPENSE 247,648 31 (B) CONF. & TRAVEL 19,690 32 (C) PROF. FEES 925,000 33 (D) CAP. OUTLAY 0 34 (E) DATA PROC. 0 35 TOTAL AMOUNT APPROPRIATED $3,973,857 36 As Engrossed: S4/9/25 S4/14/25 SB67 3 04-14-2025 11:42:38 JAR033 1 SECTION 4. REGULAR SALARIES - TRIAL PUBLIC DEFENDER OFFICE. There is 2 hereby established for the Arkansas Public Defender Commission - Trial Public 3 Defender Office for the 2025 -2026 fiscal year, the following maximum number 4 of regular employees. 5 6 Maximum Annual 7 Maximum Salary Rate 8 Item Class No. of Fiscal Year 9 No. Code Title Employees 2025 -2026 10 (1) G061N SENIOR PUBLIC DEFENDER 8 GRADE SE01 11 (2) D007C INFORMATION SYSTEMS MANAGER 1 GRADE IT08 12 (3) D039C NETWORK SUPPORT SPECIALIST 1 GRADE IT06 13 (4) D079C COMPUTER SUPPORT TECHNICIAN 1 GRADE IT02 14 (5) D089C INFORMATION TECHNOLOGY ASSISTANT 1 GRADE IT01 15 (6) G334C CHIEF PUBLIC DEFENDER II 35 GRADE GS15 16 (7) G008N CHIEF PUBLIC DEFENDER 1 GRADE GS14 17 (8) G012N PUBLIC DEFENDER III 182 GRADE GS13 18 (9) R013C AGENCY HUMAN RESOURCES MANAGER 1 GRADE GS11 19 (10) G338C DRUG COURT CASE COORDINATOR II 1 GRADE GS08 20 (11) G336C MITIGATION SPECIALIST II 11 GRADE GS08 21 (12) G335C PD INVESTIGATOR SPECIALIST 4 GRADE GS08 22 (13) G337C PD LEGAL SERVICES SPECIALIST 5 GRADE GS08 23 (14) G194C PUBLIC DEFENDER INTERPRETER II 2 GRADE GS08 24 (15) G092C PUBLIC DEFENDER PROGRAM MANAGER 1 GRADE GS08 25 (16) R024C ASSISTANT PERSONNEL MANAGER 1 GRADE GS07 26 (17) X056C CAPITAL CONFLICTS INVESTIGATOR 2 GRADE GS07 27 (18) G179C LEGAL SERVICES SPECIALIST 5 GRADE GS06 28 (19) X063C PUBLIC DEFENDER INVESTIGATOR 3 GRADE GS06 29 (20) G122C PUBLIC DEFENDER PROGRAM COORDINATOR 2 GRADE GS06 30 (21) C012C PUBLIC DEFENDER SUPT SVCS SPECIALIST 1 GRADE GS05 31 (22) C046C LEGAL SUPPORT SPECIALIST 47 GRADE GS04 32 MAX. NO. OF EMPLOYEES 316 33 34 SECTION 5. EXTRA HELP - TRIAL PUBLIC DEFENDER OFFICE. There is hereby 35 authorized, for the Arkansas Public Defender Commission - Trial Public 36 As Engrossed: S4/9/25 S4/14/25 SB67 4 04-14-2025 11:42:38 JAR033 Defender Office for the 2025 -2026 fiscal year, the following maximum number 1 of part-time or temporary employees, to be known as "Extra Help", payable 2 from funds appropriated herein for such purposes: three (3) temporary or 3 part-time employees, when needed, at rates of pay not to exceed those 4 provided in the Uniform Classification and Compensation Act, or its 5 successor, or this act for the appropriate classification. 6 7 SECTION 6. APPROPRIATION - TRIAL PUBLIC DEFENDER OFFICE. There is 8 hereby appropriated, to the Arkansas Public Defender Commission, to be 9 payable from the State Central Services Fund, for personal services and 10 operating expenses of the Arkansas Public Defender Commission - Trial Public 11 Defender Office for the fiscal year ending June 30, 2026, the following: 12 13 ITEM FISCAL YEAR 14 NO. 2025 -2026 15 (01) REGULAR SALARIES $24,735,305 16 (02) EXTRA HELP 15,000 17 (03) PERSONAL SERVICES MATCHING 8,358,242 18 (04) MAINT. & GEN. OPERATION 19 (A) OPER. EXPENSE 659,256 20 (B) CONF. & TRAVEL 34,000 21 (C) PROF. FEES 725,000 22 (D) CAP. OUTLAY 0 23 (E) DATA PROC. 0 24 (05) PUBLIC DEFENDER COMMISSION PROGRAMS 770,000 25 (06) BAIL BOND COUNTY PUBLIC DEFENDER 300,000 26 TOTAL AMOUNT APPROPRIATED $35,596,803 27 28 SECTION 7. REGULAR SALARIES - OMBUDSMAN PROGRAM. There is hereby 29 established for the Arkansas Public Defender Commission - Ombudsman Program 30 for the 2025-2026 fiscal year, the following maximum number of regular 31 employees. 32 33 Maximum Annual 34 Maximum Salary Rate 35 Item Class No. of Fiscal Year 36 As Engrossed: S4/9/25 S4/14/25 SB67 5 04-14-2025 11:42:38 JAR033 No. Code Title Employees 2025 -2026 1 (1) G108C PUBLIC DEF OMBUDSMAN COORDINATOR 1 GRADE GS08 2 MAX. NO. OF EMPLOYEES 1 3 4 SECTION 8. APPROPRIATION - OMBUDSMAN PROGRAM. There is hereby 5 appropriated, to the Arkansas Public Defender Commission, to be payable from 6 the State Central Services Fund, for personal services of the Arkansas Public 7 Defender Commission - Ombudsman Program for the fiscal year ending June 30, 8 2026, the following: 9 10 ITEM FISCAL YEAR 11 NO. 2025 -2026 12 (01) REGULAR SALARIES $58,972 13 (02) PERSONAL SERVICES MATCHING 21,519 14 TOTAL AMOUNT APPROPRIATED $80,491 15 16 SECTION 9. REGULAR SALARIES - COMMISSION FOR PARENT COUNSEL. There is 17 hereby established for the Arkansas Public Defender Commission - Commission 18 for Parent Counsel for the 2025 -2026 fiscal year, the following maximum 19 number of regular employees. 20 21 Maximum Annual 22 Maximum Salary Rate 23 Item Class No. of Fiscal Year 24 No. Code Title Employees 2025 -2026 25 (1) G296C EXECUTIVE DIRECTOR PARENT COUNSEL 1 GRADE GS15 26 (2) G025C ATTORNEY SUPERVISOR 2 GRADE GS12 27 (3) G047C ATTORNEY SPECIALIST 1 GRADE GS11 28 (4) G297C EXECUTIVE ASSISTANT PARENT COUNSEL 1 GRADE GS06 29 (5) G179C LEGAL SERVICES SPECIALIST 1 GRADE GS06 30 (6) C046C LEGAL SUPPORT SPECIALIST 1 GRADE GS04 31 MAX. NO. OF EMPLOYEES 7 32 33 SECTION 10. EXTRA HELP - COMMISSION FOR PARENT COUNSEL. There is 34 hereby authorized, for the Arkansas Public Defender Commission - Commission 35 for Parent Counsel for the 2025 -2026 fiscal year, the following maximum 36 As Engrossed: S4/9/25 S4/14/25 SB67 6 04-14-2025 11:42:38 JAR033 number of part-time or temporary employees, to be known as "Extra Help", 1 payable from funds appropriated herein for such purposes: fourteen (14) 2 temporary or part-time employees, when needed, at rates of pay not to exceed 3 those provided in the Uniform Classification and Compensation Act, or its 4 successor, or this act for the appropriate classification. 5 6 SECTION 11. APPROPRIATION - COMMISSION FOR PARENT COUNSEL. There is 7 hereby appropriated, to the Arkansas Public Defender Commission, to be 8 payable from the State Central Services Fund, for personal services, 9 operating expenses and parent counsel refunds/reimbursements of the 10 Commission for Parent Counsel for the fiscal year ending June 30, 2026, the 11 following: 12 13 ITEM FISCAL YEAR 14 NO. 2025 -2026 15 (01) REGULAR SALARIES $535,172 16 (02) EXTRA HELP 280,000 17 (03) PERSONAL SERVICES MATCHING 200,522 18 (04) MAINT. & GEN. OPERATION 19 (A) OPER. EXPENSE 50,000 20 (B) CONF. & TRAVEL 10,000 21 (C) PROF. FEES 75,000 22 (D) CAP. OUTLAY 0 23 (E) DATA PROC. 0 24 (05) PARENT COUNSEL REIMBURSEMENTS 3,630,231 25 TOTAL AMOUNT APPROPRIATED $4,780,925 26 27 SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 28 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 29 INDIGENT PARENT COUNSEL REPRESENTATION. The Commission for Parent Counsel 30 shall have the authority to use the appropriation provided in line item 31 Parent Counsel Reimbursements of the Parent Counsel Program appropriation 32 herein for the purpose of entering into independent professional service 33 contracts on a full-time or part-time basis with attorneys who are qualified 34 to provide counsel for indigent parents in dependency -neglect cases. 35 The provisions of this section shall be in effect only from July 1, 2024 36 As Engrossed: S4/9/25 S4/14/25 SB67 7 04-14-2025 11:42:38 JAR033 2025 through June 30, 2025 2026. 1 2 SECTION 13. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 3 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 4 TRANSFER PROVISION – LINE ITEMS - COMMISSION FOR PARENT COUNSEL. After 5 receiving approval from the Chief Fiscal Officer of the State and prior 6 review by the Arkansas Legislative Council or Joint Budget Committee, the 7 Director of the Arkansas Public Defender Commission is authorized to transfer 8 appropriation, with the exception of Personal Services Matching, between the 9 line items authorized herein for the Commission for Parent Counsel, to best 10 utilize resources to meet the needs of the Parent Counsel’s clientele. 11 The provisions of this section shall be in effect only from July 1, 2024 12 2025 through June 30, 2025 2026. 13 14 SECTION 14. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 15 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 16 EXTRA HELP EXEMPTION - COMMISSION FOR PARENT COUNSEL. Extra Help positions 17 authorized herein for the Commission for Parent Counsel are specifically 18 exempt from limitation of hours. Employees currently working on a part -time 19 basis may be utilized concurrently as Extra Help within the agency. The 20 total amount of compensation for part -time and Extra Help work combined 21 cannot exceed the maximum compensation allowed for a grade GS11 as authorized 22 in the Uniform Classification and Compensation Act. Flexibility is needed to 23 allow for non-traditional work schedules that may be necessary to accommodate 24 the schedule of the individual being represented. Attorneys utilized as 25 Extra Help employees are not prevented from having other employment. 26 The provisions of this section shall be in effect only from July 1, 2024 27 2025 through June 30, 2025 2026. 28 29 SECTION 15. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 30 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 31 TRANSFER PROVISION. If the Public Defender Commission should determine that 32 the appropriations made available for payments to the Counties are 33 insufficient, appropriation may be transferred from the Public Defender 34 Commission Program line item to the Bail Bond -County Public Defender line 35 item, after receiving approval of the Chief Fiscal Officer of the State. 36 As Engrossed: S4/9/25 S4/14/25 SB67 8 04-14-2025 11:42:38 JAR033 The provisions of this section shall be in effect only from July 1, 2024 1 2025 through June 30, 2025 2026. 2 3 SECTION 16. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 4 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 5 PUBLIC DEFENDERS. (a) No funds appropriated herein shall be used for 6 expenses in cases where a defendant is represented by retained counsel where 7 retained counsel have not gone through the Public Defender Commission's 8 attorney certification procedure and designation process as established by 9 state law and the Commission's regulations. All defendants and retained 10 attorneys must strictly adhere to the procedure established by the Commission 11 to equitably and responsibly monitor and distribute State funds for this 12 purpose. 13 (b) The Public Defender Commission may approve exemptions to subsection 14 (a) as needed. Reasons for granting exemption should be specified in writing. 15 The provisions of this section shall be in effect only from July 1, 2024 16 2025 through June 30, 2025 2026. 17 18 SECTION 17. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 19 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 20 MAXIMUM SALARY. In order to maintain equity between the prosecutors and 21 public defenders, the following classifications are authorized to be paid up 22 to the maximum salary of their grade as determined by the Public Defender 23 Commission after approval by the Office of Personnel Management: 24 25 1. Chief Public Defender G008N 26 2. Public Defender III G012N 27 3. Public Defender II G022N 28 4. Public Defender I G025N 29 5. Public Defender Attorney I G065C 30 6. Attorney Supervisor G025C 31 7. Attorney Specialist G047C 32 33 The Office of Personnel Management shall file a report of all salary changes 34 established pursuant to this section with the Legislative Council or, if the 35 General Assembly is in session, the Joint Budget Committee, at the next 36 As Engrossed: S4/9/25 S4/14/25 SB67 9 04-14-2025 11:42:38 JAR033 regularly scheduled meeting following the approval. 1 The provisions of this section shall be in effect only from July 1, 2024 2025 2 through June 30, 2025 2026. 3 4 SECTION 18. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 5 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. EXTRA 6 HELP EXEMPTION. The Arkansas Public Defender Commission may utilize their 7 authorized extra help positions up to a maximum of one thousand eight hundred 8 (1,800) hours. The rates of pay may not exceed those provided in the Uniform 9 Classification Act or its successor, for the appropriate classification. 10 The provisions of this section shall be in effect only from July 1, 11 2024 2025 through June 30, 2025 2026. 12 13 SECTION 19. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 14 authorized by this act shall be limited to the appropriation for such agency 15 and funds made available by law for the support of such appropriations; and 16 the restrictions of the State Procurement Law, the General Accounting and 17 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 18 Procedures and Restrictions Act, or their successors, and other fiscal 19 control laws of this State, where applicable, and regulations promulgated by 20 the Department of Finance and Administration, as authorized by law, shall be 21 strictly complied with in disbursement of said funds. 22 23 SECTION 20. LEGISLATIVE INTENT. It is the intent of the General 24 Assembly that any funds disbursed under the authority of the appropriations 25 contained in this act shall be in compliance with the stated reasons for 26 which this act was adopted, as evidenced by the Agency Requests, Executive 27 Recommendations and Legislative Recommendations contained in the budget 28 manuals prepared by the Department of Finance and Administration, letters, or 29 summarized oral testimony in the official minutes of the Arkansas Legislative 30 Council or Joint Budget Committee which relate to its passage and adoption. 31 32 SECTION 21. EMERGENCY CLAUSE. It is found and determined by the 33 General Assembly, that the Constitution of the State of Arkansas prohibits 34 the appropriation of funds for more than a one (1) year period; that the 35 effectiveness of this Act on July 1, 2025 is essential to the operation of 36 As Engrossed: S4/9/25 S4/14/25 SB67 10 04-14-2025 11:42:38 JAR033 the agency for which the appropriations in this Act are provided, and that in 1 the event of an extension of the legislative session, the delay in the 2 effective date of this Act beyond July 1, 2025 could work irreparable harm 3 upon the proper administration and provision of essential governmental 4 programs. Therefore, an emergency is hereby declared to exist and this Act 5 being necessary for the immediate preservation of the public peace, health 6 and safety shall be in full force and effect from and after July 1, 2025. 7 8 /s/Joint Budget Committee 9 10 11 APPROVED: 4/22/25 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36