| 688 | | - | SECTION 29. REGULAR SALARIES - OFFICE OF PROPERTY RISK. There is hereby 4 |
|---|
| 689 | | - | established for the Department of Transformation and Shared Services - Office 5 |
|---|
| 690 | | - | of Property Risk for the 2025 -2026 fiscal year, the following maximum number 6 |
|---|
| 691 | | - | of regular employees. 7 |
|---|
| 692 | | - | 8 |
|---|
| 693 | | - | Maximum Annual 9 |
|---|
| 694 | | - | Maximum Salary Rate 10 |
|---|
| 695 | | - | Item Class No. of Fiscal Year 11 |
|---|
| 696 | | - | No. Code Title Employees 2025 -2026 12 |
|---|
| 697 | | - | (1) G351C OFFICE OF PROPERTY RISK DIRECTOR 1 GRADE SE02 13 |
|---|
| 698 | | - | (2) D044C SYSTEMS ANALYST 1 GRADE IT05 14 |
|---|
| 699 | | - | (3) G352C OFFICE OF PROPERTY RISK FINANCIAL DIR 1 GRADE GS14 15 |
|---|
| 700 | | - | (4) G047C ATTORNEY SPECIALIST 1 GRADE GS11 16 |
|---|
| 701 | | - | (5) G120C RISK CONSULTANT 2 GRADE GS07 17 |
|---|
| 702 | | - | (6) C037C ADMINISTRATIVE ANALYST 2 GRADE GS06 18 |
|---|
| 703 | | - | (7) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04 19 |
|---|
| 704 | | - | (8) C046C LEGAL SUPPORT SPECIALIST 1 GRADE GS04 20 |
|---|
| 705 | | - | MAX. NO. OF EMPLOYEES 10 21 |
|---|
| 706 | | - | 22 |
|---|
| 707 | | - | SECTION 30. APPROPRIATION - OFFICE OF PROPERTY RISK - OPERATIONS. 23 |
|---|
| 708 | | - | There is hereby appropriated, to the Department of Transformation and Shared 24 |
|---|
| 709 | | - | Services, to be payable from the State Captive Insurance Program Trust Fund, 25 |
|---|
| 710 | | - | for personal services, operating expenses, and claims of the Department of 26 |
|---|
| 711 | | - | Transformation and Shared Services - Office of Property Risk for the fiscal 27 |
|---|
| 712 | | - | year ending June 30, 2026, the following: 28 |
|---|
| 652 | + | SECTION 29. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 4 |
|---|
| 653 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 5 |
|---|
| 654 | + | AUTHORITY DIVISION - TRANSFER OF FUNDS - JUSTICE BUILDING OPERATIONS ACTUAL 6 |
|---|
| 655 | + | EXPENDITURES. Building Authority Division may from time to time as may be 7 |
|---|
| 656 | + | necessary and in such amounts as may be necessary and with the approval of 8 |
|---|
| 657 | + | the Chief Fiscal Officer of the State, request a transfer of funds from the 9 |
|---|
| 658 | + | State Central Services Fund to the Arkansas Building Authority Maintenance 10 |
|---|
| 659 | + | Fund for operation of the Justice Building for actual expenditures, in an 11 |
|---|
| 660 | + | amount not to exceed the dollar amount appropriated in the Justice Building 12 |
|---|
| 661 | + | Operation Section. Upon his or her approval, the Chief Fiscal Officer of the 13 |
|---|
| 662 | + | State shall then initiate the necessary transfer documents to reflect the 14 |
|---|
| 663 | + | transfer upon the fiscal records of the State Auditor, the State Treasurer, 15 |
|---|
| 664 | + | the Chief Fiscal Officer of the State and Building Authority Division . 16 |
|---|
| 665 | + | The provisions of this section shall be in effect only from July 1, 2024 17 |
|---|
| 666 | + | 2025 through June 30, 2025 2026. 18 |
|---|
| 667 | + | 19 |
|---|
| 668 | + | SECTION 30. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 20 |
|---|
| 669 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 21 |
|---|
| 670 | + | AUTHORITY DIVISION - TRANSFER OF FUNDS. Building Authority Division is 22 |
|---|
| 671 | + | hereby authorized, after seeking the approval of the Chief Fiscal Officer of 23 |
|---|
| 672 | + | the State and the Arkansas Legislative Council or Joint Budget Committee to 24 |
|---|
| 673 | + | request transfer from the appropriation made in the Building Maintenance 25 |
|---|
| 674 | + | Section for Building Maintenance to the Acquisition and Maintenance 26 |
|---|
| 675 | + | appropriation in the Acquisition and Maintenance Section and to receive from 27 |
|---|
| 676 | + | another state agency that seeks like approvals its authority, appropriation 28 |
|---|
| 677 | + | and the transfer of funds to be deposited into the Building Authority 29 |
|---|
| 678 | + | Division Real Estate Fund to become part of the Acquisition and Maintenance 30 |
|---|
| 679 | + | appropriation, and to be used for any purposes as set forth by law for said 31 |
|---|
| 680 | + | Real Estate Fund. 32 |
|---|
| 681 | + | Determining the maximum number of employees and the maximum amount of 33 |
|---|
| 682 | + | appropriation and general revenue funding for a state agency each fiscal year 34 |
|---|
| 683 | + | is the prerogative of the General Assembly. This is usually accomplished by 35 |
|---|
| 684 | + | delineating such maximums in the appropriation act(s) for a state agency and 36 SB92 |
|---|
| 685 | + | |
|---|
| 686 | + | 19 01/23/2025 9:59:51 AM JAP010 |
|---|
| 687 | + | the general revenue allocations authorized for each fund and fund account by 1 |
|---|
| 688 | + | amendment to the Revenue Stabilization law. Further, the General Assembly 2 |
|---|
| 689 | + | has determined that Building Authority Division may operate more efficiently 3 |
|---|
| 690 | + | if some flexibility is provided to Building Authority Division authorizing 4 |
|---|
| 691 | + | broad powers under this section. Therefore, it is both necessary and 5 |
|---|
| 692 | + | appropriate that the General Assembly maintain oversight by requiring prior 6 |
|---|
| 693 | + | approval of the Legislative Council or Joint Budget Committee as provided by 7 |
|---|
| 694 | + | this section. The requirement of approval by the Legislative Council or 8 |
|---|
| 695 | + | Joint Budget Committee is not a severable part of this section. If the 9 |
|---|
| 696 | + | requirement of approval by the Legislative Council or Joint Budget Committee 10 |
|---|
| 697 | + | is ruled unconstitutional by a court of competent jurisdiction, this entire 11 |
|---|
| 698 | + | section is void. 12 |
|---|
| 699 | + | The provisions of this section shall be in effect only from July 1, 2024 13 |
|---|
| 700 | + | 2025 through June 30, 2025 2026. 14 |
|---|
| 701 | + | 15 |
|---|
| 702 | + | SECTION 31. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 16 |
|---|
| 703 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 17 |
|---|
| 704 | + | AUTHORITY DIVISION CONTINGENCY APPROPRIATION TRANSFER AUTHORITY. Building 18 |
|---|
| 705 | + | Authority Division may transfer appropriation and funds as needed from the 19 |
|---|
| 706 | + | Facilities Management Contingency Appropriation in the Building Maintenance 20 |
|---|
| 707 | + | Section of this Act to any appropriation authorized for Building Authority 21 |
|---|
| 708 | + | Division. 22 |
|---|
| 709 | + | The provisions of this section shall be in effect only from July 1, 2024 23 |
|---|
| 710 | + | 2025 through June 30, 2025 2026. 24 |
|---|
| 711 | + | 25 |
|---|
| 712 | + | SECTION 32. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 26 |
|---|
| 713 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 27 |
|---|
| 714 | + | AUTHORITY DIVISION - TRANSFER TO FACILITIES MANAGEMENT CONTINGENCY 28 |
|---|
| 715 | + | APPROPRIATION AUTHORITY. (a) In order to provide a more cost effective method 29 |
|---|
| 716 | + | to address the emerging infrastructure needs of Arkansas State Government, 30 |
|---|
| 717 | + | appropriations and funds transferred to the Facilities Management Contingency 31 |
|---|
| 718 | + | Appropriation are to be used in the event that the Building Authority 32 |
|---|
| 719 | + | Division executes one or more building contracts or maintenance agreements 33 |
|---|
| 720 | + | with State Agencies, and the appropriations or funds otherwise provided for 34 |
|---|
| 721 | + | the Building Authority Division are not sufficient to address those needs, 35 |
|---|
| 722 | + | and it is more cost effective for Building Authority Division to execute 36 SB92 |
|---|
| 723 | + | |
|---|
| 724 | + | 20 01/23/2025 9:59:51 AM JAP010 |
|---|
| 725 | + | these services. Any State Agency may transfer or deposit funds and 1 |
|---|
| 726 | + | appropriations to Building Authority Division - Facilities Management 2 |
|---|
| 727 | + | Contingency Appropriation authorized in the Building Maintenance Section of 3 |
|---|
| 728 | + | this Act to execute one or more building contracts or maintenance agreements 4 |
|---|
| 729 | + | with said State Agencies. Building Authority Division shall provide 5 |
|---|
| 730 | + | justification to the Chief Fiscal Officer of the State for the need of such 6 |
|---|
| 731 | + | appropriations and funds transfers and seek and receive approval of the Chief 7 |
|---|
| 732 | + | Fiscal Officer of the State. Building Authority Division shall then seek and 8 |
|---|
| 733 | + | receive the approval of the Arkansas Legislative Council or Joint Budget 9 |
|---|
| 734 | + | Committee. The requirement of approval by the Arkansas Legislative Council 10 |
|---|
| 735 | + | or Joint Budget Committee is not a severable part of the section. If the 11 |
|---|
| 736 | + | requirement of approval by the Arkansas Legislative Council or Joint Budget 12 |
|---|
| 737 | + | Committee is ruled unconstitutional by a court of competent jurisdiction, 13 |
|---|
| 738 | + | this entire section is void. 14 |
|---|
| 739 | + | (b) The Chief Fiscal Officer of the State shall make the necessary 15 |
|---|
| 740 | + | adjustments on his or her books and the books of the Auditor of the State for 16 |
|---|
| 741 | + | the transfer or deposit of the funds and appropriations from each State 17 |
|---|
| 742 | + | Agency to the appropriation authorized in the Building Maintenance Section of 18 |
|---|
| 743 | + | this Act and to the various Building Authority Division accounts to be used 19 |
|---|
| 744 | + | exclusively by Building Authority Division for the fiscal year. 20 |
|---|
| 745 | + | The provisions of this section shall be in effect only from July 1, 2024 21 |
|---|
| 746 | + | 2025 through June 30, 2025 2026. 22 |
|---|
| 747 | + | 23 |
|---|
| 748 | + | SECTION 33. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 24 |
|---|
| 749 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 25 |
|---|
| 750 | + | BUILDING AUTHORITY DIVISION - SUSTAINABLE BUILDING DESIGN PROGRAM - TRANSFER. 26 |
|---|
| 751 | + | In the event there is not sufficient appropriation and/or funding provided 27 |
|---|
| 752 | + | for by the General Assembly for any state agency, board or commission to 28 |
|---|
| 753 | + | participate in the Sustainable Building Design Program for renovations of 29 |
|---|
| 754 | + | state owned property which exceeds two hundred fifty thousand dollars 30 |
|---|
| 755 | + | ($250,000), the agency may request a transfer from the Sustainable Building 31 |
|---|
| 756 | + | Design Program appropriation authorized in the Sustainable Building Design 32 |
|---|
| 757 | + | Program Section of this Act from the Chief Fiscal Officer of the State. The 33 |
|---|
| 758 | + | request shall clearly state the amount required and such other information as 34 |
|---|
| 759 | + | may be required by the Chief Fiscal Officer of the State necessary to make a 35 |
|---|
| 760 | + | decision regarding the request. Upon approval of the Chief Fiscal Officer of 36 SB92 |
|---|
| 761 | + | |
|---|
| 762 | + | 21 01/23/2025 9:59:51 AM JAP010 |
|---|
| 763 | + | the State and prior review by the Arkansas Legislative Council or Joint 1 |
|---|
| 764 | + | Budget Committee, the State Auditor shall be notified as of the amount and 2 |
|---|
| 765 | + | the purposes for which the appropriation and/or funding is to be transferred 3 |
|---|
| 766 | + | and shall be established upon the books of the Department of Finance and 4 |
|---|
| 767 | + | Administration and the State Auditor. If desired, the appropriation may be 5 |
|---|
| 768 | + | supplemental to those regularly appropriated for like purposes by the General 6 |
|---|
| 769 | + | Assembly for that agency. 7 |
|---|
| 770 | + | Provided further, that all state agencies, boards or commissions shall 8 |
|---|
| 771 | + | have prior approval by the Building Authority Division as authorized for the 9 |
|---|
| 772 | + | Sustainable Building Design Program in accordance with established Rules and 10 |
|---|
| 773 | + | Regulations. 11 |
|---|
| 774 | + | The provisions of this section shall be in effect only from July 1, 2024 12 |
|---|
| 775 | + | 2025 through June 30, 2025 2026. 13 |
|---|
| 776 | + | 14 |
|---|
| 777 | + | SECTION 34. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 15 |
|---|
| 778 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 16 |
|---|
| 779 | + | BUILDING AUTHORITY DIVISION - SUSTAINABLE BUILDING DESIGN PROGRAM - REVOLVING 17 |
|---|
| 780 | + | LOAN FUND. The Sustainable Building Design Program Appropriation is intended 18 |
|---|
| 781 | + | to provide additional appropriation authority for the Sustainable Building 19 |
|---|
| 782 | + | Design Program. Funding for the program may be made available by the Chief 20 |
|---|
| 783 | + | Fiscal Officer of the State, in the form of a loan, from a transfer from the 21 |
|---|
| 784 | + | Sustainable Building Design Revolving Loan Fund after the required review by 22 |
|---|
| 785 | + | the Arkansas Legislative Council or Joint Budget Committee, approval by the 23 |
|---|
| 786 | + | Chief Fiscal Officer of the State and approval through rules established and 24 |
|---|
| 787 | + | administered by Building Authority Division. Moneys made available for the 25 |
|---|
| 788 | + | repayment of a loan shall be deposited to the credit of the Sustainable 26 |
|---|
| 789 | + | Building Design Revolving Loan Fund as a “Refund to Expenditure” for the year 27 |
|---|
| 790 | + | in which the deposit is made. In the event that the funds for the repayment 28 |
|---|
| 791 | + | of a loan are held in depositories other than the State Treasury, the 29 |
|---|
| 792 | + | administrative head of the affected state agency shall issue a check drawn 30 |
|---|
| 793 | + | against the funds, which shall be deposited in the Sustainable Building 31 |
|---|
| 794 | + | Design Revolving Loan Fund. 32 |
|---|
| 795 | + | The provisions of this section shall be in effect only from July 1, 2024 33 |
|---|
| 796 | + | 2025 through June 30, 2025 2026. 34 |
|---|
| 797 | + | 35 |
|---|
| 798 | + | SECTION 35. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 36 SB92 |
|---|
| 799 | + | |
|---|
| 800 | + | 22 01/23/2025 9:59:51 AM JAP010 |
|---|
| 801 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 1 |
|---|
| 802 | + | AUTHORITY DIVISION - FUNDING TRANSFER - CASH FUND ACCOUNT. Building 2 |
|---|
| 803 | + | Authority Division is authorized to transfer any unspent funds remaining in 3 |
|---|
| 804 | + | any cash fund account established for the management of a state owned 4 |
|---|
| 805 | + | facility managed by, but not owned by, Building Authority Division to the 5 |
|---|
| 806 | + | Building Authority Maintenance Fund to support the facility’s Maintenance and 6 |
|---|
| 807 | + | Operations appropriations. 7 |
|---|
| 808 | + | The provisions of this section shall be in effect only from July 1, 2024 8 |
|---|
| 809 | + | 2025 through June 30, 2025 2026. 9 |
|---|
| 810 | + | 10 |
|---|
| 811 | + | SECTION 36. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 11 |
|---|
| 812 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 12 |
|---|
| 813 | + | DIVISION OF INFORMATION SYSTEMS - COMPLIANCE WITH STATE AND FEDERAL 13 |
|---|
| 814 | + | REGULATIONS. 14 |
|---|
| 815 | + | 1. In order to effect compliance with the requirements of state and federal 15 |
|---|
| 816 | + | statutory and regulatory provisions, the Director shall adjust billing rates 16 |
|---|
| 817 | + | or issue billing adjustments to be federally compliant, notwithstanding the 17 |
|---|
| 818 | + | provisions of ACA §25 -4-105 and §25-4-119 or funds sufficient to effect 18 |
|---|
| 819 | + | compliance shall be provided the Division from General Revenues, Special 19 |
|---|
| 820 | + | Revenues or such other fund sources as may become available. These actions 20 |
|---|
| 821 | + | shall be subject to the approval of the Chief Fiscal Officer of the State and 21 |
|---|
| 822 | + | approval by the Arkansas Legislative Council or Joint Budget Committee. 22 |
|---|
| 823 | + | 2. The Director shall have authority to transfer funds between the 23 |
|---|
| 824 | + | Information Technology Reserve Fund established by ACA §25 -4-123 and the 24 |
|---|
| 825 | + | Division of Information Systems Revolving Fund established by ACA §25 -4-121 25 |
|---|
| 826 | + | for cash management purposes. 26 |
|---|
| 827 | + | Determining the maximum number of employees and the maximum amount of 27 |
|---|
| 828 | + | appropriation and general revenue funding for a state agency each fiscal year 28 |
|---|
| 829 | + | is the prerogative of the General Assembly. This is usually accomplished by 29 |
|---|
| 830 | + | delineating such maximums in the appropriation act(s) for a state agency and 30 |
|---|
| 831 | + | the general revenue allocations authorized for each fund and fund account by 31 |
|---|
| 832 | + | amendment to the Revenue Stabilization law. Further, the General Assembly 32 |
|---|
| 833 | + | has determined that the Division of Information Systems may operate more 33 |
|---|
| 834 | + | efficiently if some flexibility is provided to the Division of Information 34 |
|---|
| 835 | + | Systems authorizing broad powers under this section. Therefore, it is both 35 |
|---|
| 836 | + | necessary and appropriate that the General Assembly maintain oversight by 36 SB92 |
|---|
| 837 | + | |
|---|
| 838 | + | 23 01/23/2025 9:59:51 AM JAP010 |
|---|
| 839 | + | requiring prior approval of the Legislative Council or Joint Budget Committee 1 |
|---|
| 840 | + | as provided by this section. The requirement of approval by the Legislative 2 |
|---|
| 841 | + | Council or Joint Budget Committee is not a severable part of this section. 3 |
|---|
| 842 | + | If the requirement of approval by the Legislative Council or Joint Budget 4 |
|---|
| 843 | + | Committee is ruled unconstitutional by a court of competent jurisdiction, 5 |
|---|
| 844 | + | this entire section is void. 6 |
|---|
| 845 | + | The provisions of this section shall be in effect only from July 1, 2024 7 |
|---|
| 846 | + | 2025 through June 30, 2025 2026. 8 |
|---|
| 847 | + | 9 |
|---|
| 848 | + | SECTION 37. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 10 |
|---|
| 849 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 11 |
|---|
| 850 | + | PROVISION - LINE ITEMS - DIVISION OF INFORMATION SYSTEMS - OPERATIONS. After 12 |
|---|
| 851 | + | receiving approval from the Chief Fiscal Officer of the State and prior 13 |
|---|
| 852 | + | review by the Arkansas Legislative Council or Joint Budget Committee, the 14 |
|---|
| 853 | + | Secretary of the Department of Transformation and Shared Services is 15 |
|---|
| 854 | + | authorized to transfer appropriation between the line items authorized herein 16 |
|---|
| 855 | + | for the Division of Information Systems - Operations to best utilize 17 |
|---|
| 856 | + | resources to respond to the needs of the Division's customers. 18 |
|---|
| 857 | + | The provisions of this section shall be in effect only from July 1, 2024 19 |
|---|
| 858 | + | 2025 through June 30, 2025 2026. 20 |
|---|
| 859 | + | 21 |
|---|
| 860 | + | SECTION 38. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 22 |
|---|
| 861 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ARKANSAS 23 |
|---|
| 862 | + | GEOGRAPHIC INFORMATION SYSTEMS OFFICE - TRANSFER OF CARRY FORWARD. Any 24 |
|---|
| 863 | + | unexpended balance of funds remaining on June 30 of each fiscal year in the 25 |
|---|
| 864 | + | Miscellaneous Agencies Fund Account for the Arkansas Geographic Information 26 |
|---|
| 865 | + | Systems Office, shall be transferred to the Geographic Information Systems 27 |
|---|
| 866 | + | Fund to be used for operating and maintaining the Arkansas Spatial Data 28 |
|---|
| 867 | + | Infrastructure, creating, updating, maintaining and disseminating framework 29 |
|---|
| 868 | + | spatial data as defined by Arkansas Code §15 -21-502. 30 |
|---|
| 869 | + | (1) Prior to June 30, 2025 2026 the Agency shall by written statement set 31 |
|---|
| 870 | + | forth its reason(s) for the need to carry forward said funding to the 32 |
|---|
| 871 | + | Department of Finance and Administration Office of Budget; 33 |
|---|
| 872 | + | (2) The Department of Finance and Administration Office of Budget shall 34 |
|---|
| 873 | + | report to the Arkansas Legislative Council all amounts carried forward by the 35 |
|---|
| 874 | + | September Arkansas Legislative Council or Joint Budget Committee meeting 36 SB92 |
|---|
| 875 | + | |
|---|
| 876 | + | 24 01/23/2025 9:59:51 AM JAP010 |
|---|
| 877 | + | which report shall include the name of the Agency, Board, Commission or 1 |
|---|
| 878 | + | Institution and the amount of the funding carried forward, the program name 2 |
|---|
| 879 | + | or line item, the funding source of the appropriation and a copy of the 3 |
|---|
| 880 | + | written request set forth in (1) above; 4 |
|---|
| 881 | + | (3) Each Agency, Board, Commission or Institution shall provide a written 5 |
|---|
| 882 | + | report to the Arkansas Legislative Council or Joint Budget Committee 6 |
|---|
| 883 | + | containing all information set forth in item (2) above, along with a written 7 |
|---|
| 884 | + | statement as to the current status of the project, contract, purpose, etc. 8 |
|---|
| 885 | + | for which the carry forward was originally requested no later than thirty 9 |
|---|
| 886 | + | (30) days prior to the time the Agency, Board, Commission or Institution 10 |
|---|
| 887 | + | presents its budget request to the Arkansas Legislative Council or Joint 11 |
|---|
| 888 | + | Budget Committee; and 12 |
|---|
| 889 | + | (4) Thereupon, the Department of Finance and Administration shall include 13 |
|---|
| 890 | + | all information obtained in item (3) above in the biennial budget manuals 14 |
|---|
| 891 | + | and/or a statement of non -compliance by the Agency, Board, Commission or 15 |
|---|
| 892 | + | Institution. 16 |
|---|
| 893 | + | The provisions of this section shall be in effect only from July 1, 17 |
|---|
| 894 | + | 2024 2025 through June 30, 2025 2026. 18 |
|---|
| 895 | + | 19 |
|---|
| 896 | + | SECTION 39. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 20 |
|---|
| 897 | + | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. PURCHASE 21 |
|---|
| 898 | + | OF VEHICLE RESTRICTION. No vehicles shall be purchased by an Executive 22 |
|---|
| 899 | + | Department before the completion and presentation of a fleet management study 23 |
|---|
| 900 | + | to be conducted by the Department of Transformation and Shared Services. 24 |
|---|
| 901 | + | Within thirty (30) days of completion of the fleet mana gement study, the 25 |
|---|
| 902 | + | Department of Transformation and Shared Services shall present a report of 26 |
|---|
| 903 | + | the study to Arkansas Legislative Council or Joint Budget Committee if 27 |
|---|
| 904 | + | meeting in Legislative Session. 28 |
|---|
| 905 | + | The provisions of this section shall be in effect only from July 1, 29 |
|---|
| 906 | + | 2025 through June 30, 2026. 30 |
|---|
| 907 | + | 31 |
|---|
| 908 | + | SECTION 40. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 32 |
|---|
| 909 | + | authorized by this act shall be limited to the appropriation for such agency 33 |
|---|
| 910 | + | and funds made available by law for the support of such appropriations; and 34 |
|---|
| 911 | + | the restrictions of the State Procurement Law, the General Accounting and 35 |
|---|
| 912 | + | Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 36 SB92 |
|---|
| 913 | + | |
|---|
| 914 | + | 25 01/23/2025 9:59:51 AM JAP010 |
|---|
| 915 | + | Procedures and Restrictions Act, or their successors, and other fiscal 1 |
|---|
| 916 | + | control laws of this State, where applicable, and regulations promulgated by 2 |
|---|
| 917 | + | the Department of Finance and Administration, as authorized by law, shall be 3 |
|---|
| 918 | + | strictly complied with in disbursement of said funds. 4 |
|---|
| 919 | + | 5 |
|---|
| 920 | + | SECTION 41. LEGISLATIVE INTENT. It is the intent of the General 6 |
|---|
| 921 | + | Assembly that any funds disbursed under the authority of the appropriations 7 |
|---|
| 922 | + | contained in this act shall be in compliance with the stated reasons for 8 |
|---|
| 923 | + | which this act was adopted, as evidenced by the Agency Requests, Executive 9 |
|---|
| 924 | + | Recommendations and Legislative Recommendations contained in the budget 10 |
|---|
| 925 | + | manuals prepared by the Department of Finance and Administration, letters, or 11 |
|---|
| 926 | + | summarized oral testimony in the official minutes of the Arkansas Legislative 12 |
|---|
| 927 | + | Council or Joint Budget Committee which relate to its passage and adoption. 13 |
|---|
| 928 | + | 14 |
|---|
| 929 | + | SECTION 42. EMERGENCY CLAUSE. It is found and determined by the 15 |
|---|
| 930 | + | General Assembly, that the Constitution of the State of Arkansas prohibits 16 |
|---|
| 931 | + | the appropriation of funds for more than a one (1) year period; that the 17 |
|---|
| 932 | + | effectiveness of this Act on July 1, 2025 is essential to the operation of 18 |
|---|
| 933 | + | the agency for which the appropriations in this Act are provided, and that in 19 |
|---|
| 934 | + | the event of an extension of the legislative session, the delay in the 20 |
|---|
| 935 | + | effective date of this Act beyond July 1, 2025 could work irreparable harm 21 |
|---|
| 936 | + | upon the proper administration and provision of essential governmental 22 |
|---|
| 937 | + | programs. Therefore, an emergency is hereby declared to exist and this Act 23 |
|---|
| 938 | + | being necessary for the immediate preservation of the public peace, health 24 |
|---|
| 939 | + | and safety shall be in full force and effect from and after July 1, 2025. 25 |
|---|
| 940 | + | 26 |
|---|
| 941 | + | 27 |
|---|
| 942 | + | 28 |
|---|
| 714 | | - | ITEM FISCAL YEAR 30 |
|---|
| 715 | | - | NO. 2025 -2026 31 |
|---|
| 716 | | - | (01) REGULAR SALARIES $747,496 32 |
|---|
| 717 | | - | (02) PERSONAL SERVICES MATCHING 298,998 33 |
|---|
| 718 | | - | (03) MAINT. & GEN. OPERATION 34 |
|---|
| 719 | | - | (A) OPER. EXPENSE 80,750,000 35 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 720 | | - | |
|---|
| 721 | | - | 19 04-03-2025 15:10:47 JAP010 |
|---|
| 722 | | - | |
|---|
| 723 | | - | |
|---|
| 724 | | - | (B) CONF. & TRAVEL 12,000 1 |
|---|
| 725 | | - | (C) PROF. FEES 3,000,000 2 |
|---|
| 726 | | - | (D) CAP. OUTLAY 100,000 3 |
|---|
| 727 | | - | (E) DATA PROC. 0 4 |
|---|
| 728 | | - | (04) CLAIMS 50,000,000 5 |
|---|
| 729 | | - | TOTAL AMOUNT APPROPRIATED $134,908,494 6 |
|---|
| 730 | | - | 7 |
|---|
| 731 | | - | SECTION 31. APPROPRIATION - OFFICE OF PROPERTY RISK - RESERVE SUB-FUND. 8 |
|---|
| 732 | | - | There is hereby appropriated, to the Department of Transformation and Shared 9 |
|---|
| 733 | | - | Services, to be payable from the State Captive Insurance Program Trust Fund, 10 |
|---|
| 734 | | - | for investments of the Department of Transformation and Shared Services - 11 |
|---|
| 735 | | - | Office of Property Risk for the fiscal year ending June 30, 2026, the 12 |
|---|
| 736 | | - | following: 13 |
|---|
| 737 | | - | 14 |
|---|
| 738 | | - | ITEM FISCAL YEAR 15 |
|---|
| 739 | | - | NO. 2025 -2026 16 |
|---|
| 740 | | - | (01) INVESTMENTS $75,000,000 17 |
|---|
| 741 | | - | 18 |
|---|
| 742 | | - | SECTION 32. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 19 |
|---|
| 743 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 20 |
|---|
| 744 | | - | AUTHORITY DIVISION - TRANSFER OF FUNDS - JUSTICE BUILDING OPERATIONS ACTUAL 21 |
|---|
| 745 | | - | EXPENDITURES. Building Authority Division may from time to time as may be 22 |
|---|
| 746 | | - | necessary and in such amounts as may be necessary and with the approval of 23 |
|---|
| 747 | | - | the Chief Fiscal Officer of the State, request a transfer of funds from the 24 |
|---|
| 748 | | - | State Central Services Fund to the Arkansas Building Authority Maintenance 25 |
|---|
| 749 | | - | Fund for operation of the Justice Building for actual expenditures, in an 26 |
|---|
| 750 | | - | amount not to exceed the dollar amount appropriated in the Justice Building 27 |
|---|
| 751 | | - | Operation Section. Upon his or her approval, the Chief Fiscal Officer of the 28 |
|---|
| 752 | | - | State shall then initiate the necessary transfer documents to reflect the 29 |
|---|
| 753 | | - | transfer upon the fiscal records of the State Auditor, the State Treasurer, 30 |
|---|
| 754 | | - | the Chief Fiscal Officer of the State and Building Authority Division . 31 |
|---|
| 755 | | - | The provisions of this section shall be in effect only from July 1, 2024 32 |
|---|
| 756 | | - | 2025 through June 30, 2025 2026. 33 |
|---|
| 757 | | - | 34 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 758 | | - | |
|---|
| 759 | | - | 20 04-03-2025 15:10:47 JAP010 |
|---|
| 760 | | - | |
|---|
| 761 | | - | |
|---|
| 762 | | - | SECTION 33. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 1 |
|---|
| 763 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 2 |
|---|
| 764 | | - | AUTHORITY DIVISION - TRANSFER OF FUNDS. Building Authority Division is 3 |
|---|
| 765 | | - | hereby authorized, after seeking the approval of the Chief Fiscal Officer of 4 |
|---|
| 766 | | - | the State and the Arkansas Legislative Council or Joint Budget Committee to 5 |
|---|
| 767 | | - | request transfer from the appropriation made in the Building Maintenance 6 |
|---|
| 768 | | - | Section for Building Maintenance to the Acquisition and Maintenance 7 |
|---|
| 769 | | - | appropriation in the Acquisition and Maintenance Section and to receive from 8 |
|---|
| 770 | | - | another state agency that seeks like approvals its authority, appropriation 9 |
|---|
| 771 | | - | and the transfer of funds to be deposited into the Building Authority 10 |
|---|
| 772 | | - | Division Real Estate Fund to become part of the Acquisition and Maintenance 11 |
|---|
| 773 | | - | appropriation, and to be used for any purposes as set forth by law for said 12 |
|---|
| 774 | | - | Real Estate Fund. 13 |
|---|
| 775 | | - | Determining the maximum number of employees and the maximum amount of 14 |
|---|
| 776 | | - | appropriation and general revenue funding for a state agency each fiscal year 15 |
|---|
| 777 | | - | is the prerogative of the General Assembly. This is usually accomplished by 16 |
|---|
| 778 | | - | delineating such maximums in the appropriation act(s) for a state agency and 17 |
|---|
| 779 | | - | the general revenue allocations authorized for each fund and fund account by 18 |
|---|
| 780 | | - | amendment to the Revenue Stabilization law. Further, the General Assembly 19 |
|---|
| 781 | | - | has determined that Building Authority Division may operate more efficiently 20 |
|---|
| 782 | | - | if some flexibility is provided to Building Authority Division authorizing 21 |
|---|
| 783 | | - | broad powers under this section. Therefore, it is both necessary and 22 |
|---|
| 784 | | - | appropriate that the General Assembly maintain oversight by requiring prior 23 |
|---|
| 785 | | - | approval of the Legislative Council or Joint Budget Committee as provided by 24 |
|---|
| 786 | | - | this section. The requirement of approval by the Legislative Council or 25 |
|---|
| 787 | | - | Joint Budget Committee is not a severable part of this section. If the 26 |
|---|
| 788 | | - | requirement of approval by the Legislative Council or Joint Budget Committee 27 |
|---|
| 789 | | - | is ruled unconstitutional by a court of competent jurisdiction, this entire 28 |
|---|
| 790 | | - | section is void. 29 |
|---|
| 791 | | - | The provisions of this section shall be in effect only from July 1, 2024 30 |
|---|
| 792 | | - | 2025 through June 30, 2025 2026. 31 |
|---|
| 944 | + | 30 |
|---|
| 945 | + | 31 |
|---|
| 794 | | - | SECTION 34. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 33 |
|---|
| 795 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 34 |
|---|
| 796 | | - | AUTHORITY DIVISION CONTINGENCY APPROPRIATION TRANSFER AUTHORITY. Building 35 |
|---|
| 797 | | - | Authority Division may transfer appropriation and funds as needed from the 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 798 | | - | |
|---|
| 799 | | - | 21 04-03-2025 15:10:47 JAP010 |
|---|
| 800 | | - | |
|---|
| 801 | | - | |
|---|
| 802 | | - | Facilities Management Contingency Appropriation in the Building Maintenance 1 |
|---|
| 803 | | - | Section of this Act to any appropriation authorized for Building Authority 2 |
|---|
| 804 | | - | Division. 3 |
|---|
| 805 | | - | The provisions of this section shall be in effect only from July 1, 2024 4 |
|---|
| 806 | | - | 2025 through June 30, 2025 2026. 5 |
|---|
| 807 | | - | 6 |
|---|
| 808 | | - | SECTION 35. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 7 |
|---|
| 809 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 8 |
|---|
| 810 | | - | AUTHORITY DIVISION - TRANSFER TO FACILITIES MANAGEMENT CONTINGENCY 9 |
|---|
| 811 | | - | APPROPRIATION AUTHORITY. (a) In order to provide a more cost effective method 10 |
|---|
| 812 | | - | to address the emerging infrastructure needs of Arkansas State Government, 11 |
|---|
| 813 | | - | appropriations and funds transferred to the Facilities Management Contingency 12 |
|---|
| 814 | | - | Appropriation are to be used in the event that the Building Authority 13 |
|---|
| 815 | | - | Division executes one or more building contracts or maintenance agreements 14 |
|---|
| 816 | | - | with State Agencies, and the appropriations or funds otherwise provided for 15 |
|---|
| 817 | | - | the Building Authority Division are not sufficient to address those needs, 16 |
|---|
| 818 | | - | and it is more cost effective for Building Authority Division to execute 17 |
|---|
| 819 | | - | these services. Any State Agency may transfer or deposit funds and 18 |
|---|
| 820 | | - | appropriations to Building Authority Division - Facilities Management 19 |
|---|
| 821 | | - | Contingency Appropriation authorized in the Building Maintenance Section of 20 |
|---|
| 822 | | - | this Act to execute one or more building contracts or maintenance agreements 21 |
|---|
| 823 | | - | with said State Agencies. Building Authority Division shall provide 22 |
|---|
| 824 | | - | justification to the Chief Fiscal Officer of the State for the need of such 23 |
|---|
| 825 | | - | appropriations and funds transfers and seek and receive approval of the Chief 24 |
|---|
| 826 | | - | Fiscal Officer of the State. Building Authority Division shall then seek and 25 |
|---|
| 827 | | - | receive the approval of the Arkansas Legislative Council or Joint Budget 26 |
|---|
| 828 | | - | Committee. The requirement of approval by the Arkansas Legislative Council 27 |
|---|
| 829 | | - | or Joint Budget Committee is not a severable part of the section. If the 28 |
|---|
| 830 | | - | requirement of approval by the Arkansas Legislative Council or Joint Budget 29 |
|---|
| 831 | | - | Committee is ruled unconstitutional by a court of competent jurisdiction, 30 |
|---|
| 832 | | - | this entire section is void. 31 |
|---|
| 833 | | - | (b) The Chief Fiscal Officer of the State shall make the necessary 32 |
|---|
| 834 | | - | adjustments on his or her books and the books of the Auditor of the State for 33 |
|---|
| 835 | | - | the transfer or deposit of the funds and appropriations from each State 34 |
|---|
| 836 | | - | Agency to the appropriation authorized in the Building Maintenance Section of 35 |
|---|
| 837 | | - | this Act and to the various Building Authority Division accounts to be used 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 838 | | - | |
|---|
| 839 | | - | 22 04-03-2025 15:10:47 JAP010 |
|---|
| 840 | | - | |
|---|
| 841 | | - | |
|---|
| 842 | | - | exclusively by Building Authority Division for the fiscal year. 1 |
|---|
| 843 | | - | The provisions of this section shall be in effect only from July 1, 2024 2 |
|---|
| 844 | | - | 2025 through June 30, 2025 2026. 3 |
|---|
| 845 | | - | 4 |
|---|
| 846 | | - | SECTION 36. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 5 |
|---|
| 847 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 6 |
|---|
| 848 | | - | BUILDING AUTHORITY DIVISION - SUSTAINABLE BUILDING DESIGN PROGRAM - TRANSFER. 7 |
|---|
| 849 | | - | In the event there is not sufficient appropriation and/or funding provided 8 |
|---|
| 850 | | - | for by the General Assembly for any state agency, board or commission to 9 |
|---|
| 851 | | - | participate in the Sustainable Building Design Program for renovations of 10 |
|---|
| 852 | | - | state owned property which exceeds two hundred fifty thousand dollars 11 |
|---|
| 853 | | - | ($250,000), the agency may request a transfer from the Sustainable Building 12 |
|---|
| 854 | | - | Design Program appropriation authorized in the Sustainable Building Design 13 |
|---|
| 855 | | - | Program Section of this Act from the Chief Fiscal Officer of the State. The 14 |
|---|
| 856 | | - | request shall clearly state the amount required and such other information as 15 |
|---|
| 857 | | - | may be required by the Chief Fiscal Officer of the State necessary to make a 16 |
|---|
| 858 | | - | decision regarding the request. Upon approval of the Chief Fiscal Officer of 17 |
|---|
| 859 | | - | the State and prior review by the Arkansas Legislative Council or Joint 18 |
|---|
| 860 | | - | Budget Committee, the State Auditor shall be notified as of the amount and 19 |
|---|
| 861 | | - | the purposes for which the appropriation and/or funding is to be transferred 20 |
|---|
| 862 | | - | and shall be established upon the books of the Department of Finance and 21 |
|---|
| 863 | | - | Administration and the State Auditor. If desired, the appropriation may be 22 |
|---|
| 864 | | - | supplemental to those regularly appropriated for like purposes by the General 23 |
|---|
| 865 | | - | Assembly for that agency. 24 |
|---|
| 866 | | - | Provided further, that all state agencies, boards or commissions shall 25 |
|---|
| 867 | | - | have prior approval by the Building Authority Division as authorized for the 26 |
|---|
| 868 | | - | Sustainable Building Design Program in accordance with established Rules and 27 |
|---|
| 869 | | - | Regulations. 28 |
|---|
| 870 | | - | The provisions of this section shall be in effect only from July 1, 2024 29 |
|---|
| 871 | | - | 2025 through June 30, 2025 2026. 30 |
|---|
| 872 | | - | 31 |
|---|
| 873 | | - | SECTION 37. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32 |
|---|
| 874 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 33 |
|---|
| 875 | | - | BUILDING AUTHORITY DIVISION - SUSTAINABLE BUILDING DESIGN PROGRAM - REVOLVING 34 |
|---|
| 876 | | - | LOAN FUND. The Sustainable Building Design Program Appropriation is intended 35 |
|---|
| 877 | | - | to provide additional appropriation authority for the Sustainable Building 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 878 | | - | |
|---|
| 879 | | - | 23 04-03-2025 15:10:47 JAP010 |
|---|
| 880 | | - | |
|---|
| 881 | | - | |
|---|
| 882 | | - | Design Program. Funding for the program may be made available by the Chief 1 |
|---|
| 883 | | - | Fiscal Officer of the State, in the form of a loan, from a transfer from the 2 |
|---|
| 884 | | - | Sustainable Building Design Revolving Loan Fund after the required review by 3 |
|---|
| 885 | | - | the Arkansas Legislative Council or Joint Budget Committee, approval by the 4 |
|---|
| 886 | | - | Chief Fiscal Officer of the State and approval through rules established and 5 |
|---|
| 887 | | - | administered by Building Authority Division. Moneys made available for the 6 |
|---|
| 888 | | - | repayment of a loan shall be deposited to the credit of the Sustainable 7 |
|---|
| 889 | | - | Building Design Revolving Loan Fund as a “Refund to Expenditure” for the year 8 |
|---|
| 890 | | - | in which the deposit is made. In the event that the funds for the repayment 9 |
|---|
| 891 | | - | of a loan are held in depositories other than the State Treasury, the 10 |
|---|
| 892 | | - | administrative head of the affected state agency shall issue a check drawn 11 |
|---|
| 893 | | - | against the funds, which shall be deposited in the Sustainable Building 12 |
|---|
| 894 | | - | Design Revolving Loan Fund. 13 |
|---|
| 895 | | - | The provisions of this section shall be in effect only from July 1, 2024 14 |
|---|
| 896 | | - | 2025 through June 30, 2025 2026. 15 |
|---|
| 897 | | - | 16 |
|---|
| 898 | | - | SECTION 38. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 17 |
|---|
| 899 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BUILDING 18 |
|---|
| 900 | | - | AUTHORITY DIVISION - FUNDING TRANSFER - CASH FUND ACCOUNT. Building 19 |
|---|
| 901 | | - | Authority Division is authorized to transfer any unspent funds remaining in 20 |
|---|
| 902 | | - | any cash fund account established for the management of a state owned 21 |
|---|
| 903 | | - | facility managed by, but not owned by, Building Authority Division to the 22 |
|---|
| 904 | | - | Building Authority Maintenance Fund to support the facility’s Maintenance and 23 |
|---|
| 905 | | - | Operations appropriations. 24 |
|---|
| 906 | | - | The provisions of this section shall be in effect only from July 1, 2024 25 |
|---|
| 907 | | - | 2025 through June 30, 2025 2026. 26 |
|---|
| 908 | | - | 27 |
|---|
| 909 | | - | SECTION 39. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 28 |
|---|
| 910 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 29 |
|---|
| 911 | | - | DIVISION OF INFORMATION SYSTEMS - COMPLIANCE WITH STATE AND FEDERAL 30 |
|---|
| 912 | | - | REGULATIONS. 31 |
|---|
| 913 | | - | 1. In order to effect compliance with the requirements of state and federal 32 |
|---|
| 914 | | - | statutory and regulatory provisions, the Director shall adjust billing rates 33 |
|---|
| 915 | | - | or issue billing adjustments to be federally compliant, notwithstanding the 34 |
|---|
| 916 | | - | provisions of ACA §25 -4-105 and §25-4-119 or funds sufficient to effect 35 |
|---|
| 917 | | - | compliance shall be provided the Division from General Revenues, Special 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 918 | | - | |
|---|
| 919 | | - | 24 04-03-2025 15:10:47 JAP010 |
|---|
| 920 | | - | |
|---|
| 921 | | - | |
|---|
| 922 | | - | Revenues or such other fund sources as may become available. These actions 1 |
|---|
| 923 | | - | shall be subject to the approval of the Chief Fiscal Officer of the State and 2 |
|---|
| 924 | | - | approval by the Arkansas Legislative Council or Joint Budget Committee. 3 |
|---|
| 925 | | - | 2. The Director shall have authority to transfer funds between the 4 |
|---|
| 926 | | - | Information Technology Reserve Fund established by ACA §25 -4-123 and the 5 |
|---|
| 927 | | - | Division of Information Systems Revolving Fund established by ACA §25 -4-121 6 |
|---|
| 928 | | - | for cash management purposes. 7 |
|---|
| 929 | | - | Determining the maximum number of employees and the maximum amount of 8 |
|---|
| 930 | | - | appropriation and general revenue funding for a state agency each fiscal year 9 |
|---|
| 931 | | - | is the prerogative of the General Assembly. This is usually accomplished by 10 |
|---|
| 932 | | - | delineating such maximums in the appropriation act(s) for a state agency and 11 |
|---|
| 933 | | - | the general revenue allocations authorized for each fund and fund account by 12 |
|---|
| 934 | | - | amendment to the Revenue Stabilization law. Further, the General Assembly 13 |
|---|
| 935 | | - | has determined that the Division of Information Systems may operate more 14 |
|---|
| 936 | | - | efficiently if some flexibility is provided to the Division of Information 15 |
|---|
| 937 | | - | Systems authorizing broad powers under this section. Therefore, it is both 16 |
|---|
| 938 | | - | necessary and appropriate that the General Assembly maintain oversight by 17 |
|---|
| 939 | | - | requiring prior approval of the Legislative Council or Joint Budget Committee 18 |
|---|
| 940 | | - | as provided by this section. The requirement of approval by the Legislative 19 |
|---|
| 941 | | - | Council or Joint Budget Committee is not a severable part of this section. 20 |
|---|
| 942 | | - | If the requirement of approval by the Legislative Council or Joint Budget 21 |
|---|
| 943 | | - | Committee is ruled unconstitutional by a court of competent jurisdiction, 22 |
|---|
| 944 | | - | this entire section is void. 23 |
|---|
| 945 | | - | The provisions of this section shall be in effect only from July 1, 2024 24 |
|---|
| 946 | | - | 2025 through June 30, 2025 2026. 25 |
|---|
| 947 | | - | 26 |
|---|
| 948 | | - | SECTION 40. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 27 |
|---|
| 949 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 28 |
|---|
| 950 | | - | PROVISION - LINE ITEMS - DIVISION OF INFORMATION SYSTEMS - OPERATIONS. After 29 |
|---|
| 951 | | - | receiving approval from the Chief Fiscal Officer of the State and prior 30 |
|---|
| 952 | | - | review by the Arkansas Legislative Council or Joint Budget Committee, the 31 |
|---|
| 953 | | - | Secretary of the Department of Transformation and Shared Services is 32 |
|---|
| 954 | | - | authorized to transfer appropriation between the line items authorized herein 33 |
|---|
| 955 | | - | for the Division of Information Systems - Operations to best utilize 34 |
|---|
| 956 | | - | resources to respond to the needs of the Division's customers. 35 |
|---|
| 957 | | - | The provisions of this section shall be in effect only from July 1, 2024 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
|---|
| 958 | | - | |
|---|
| 959 | | - | 25 04-03-2025 15:10:47 JAP010 |
|---|
| 960 | | - | |
|---|
| 961 | | - | |
|---|
| 962 | | - | 2025 through June 30, 2025 2026. 1 |
|---|
| 963 | | - | 2 |
|---|
| 964 | | - | SECTION 41. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 3 |
|---|
| 965 | | - | CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ARKANSAS 4 |
|---|
| 966 | | - | GEOGRAPHIC INFORMATION SYSTEMS OFFICE - TRANSFER OF CARRY FORWARD. Any 5 |
|---|
| 967 | | - | unexpended balance of funds remaining on June 30 of each fiscal year in the 6 |
|---|
| 968 | | - | Miscellaneous Agencies Fund Account for the Arkansas Geographic Information 7 |
|---|
| 969 | | - | Systems Office, shall be transferred to the Geographic Information Systems 8 |
|---|
| 970 | | - | Fund to be used for operating and maintaining the Arkansas Spatial Data 9 |
|---|
| 971 | | - | Infrastructure, creating, updating, maintaining and disseminating framework 10 |
|---|
| 972 | | - | spatial data as defined by Arkansas Code §15 -21-502. 11 |
|---|
| 973 | | - | (1) Prior to June 30, 2025 2026 the Agency shall by written statement set 12 |
|---|
| 974 | | - | forth its reason(s) for the need to carry forward said funding to the 13 |
|---|
| 975 | | - | Department of Finance and Administration Office of Budget; 14 |
|---|
| 976 | | - | (2) The Department of Finance and Administration Office of Budget shall 15 |
|---|
| 977 | | - | report to the Arkansas Legislative Council all amounts carried forward by the 16 |
|---|
| 978 | | - | September Arkansas Legislative Council or Joint Budget Committee meeting 17 |
|---|
| 979 | | - | which report shall include the name of the Agency, Board, Commission or 18 |
|---|
| 980 | | - | Institution and the amount of the funding carried forward, the program name 19 |
|---|
| 981 | | - | or line item, the funding source of the appropriation and a copy of the 20 |
|---|
| 982 | | - | written request set forth in (1) above; 21 |
|---|
| 983 | | - | (3) Each Agency, Board, Commission or Institution shall provide a written 22 |
|---|
| 984 | | - | report to the Arkansas Legislative Council or Joint Budget Committee 23 |
|---|
| 985 | | - | containing all information set forth in item (2) above, along with a written 24 |
|---|
| 986 | | - | statement as to the current status of the project, contract, purpose, etc. 25 |
|---|
| 987 | | - | for which the carry forward was originally requested no later than thirty 26 |
|---|
| 988 | | - | (30) days prior to the time the Agency, Board, Commission or Institution 27 |
|---|
| 989 | | - | presents its budget request to the Arkansas Legislative Council or Joint 28 |
|---|
| 990 | | - | Budget Committee; and 29 |
|---|
| 991 | | - | (4) Thereupon, the Department of Finance and Administration shall include 30 |
|---|
| 992 | | - | all information obtained in item (3) above in the biennial budget manuals 31 |
|---|
| 993 | | - | and/or a statement of non -compliance by the Agency, Board, Commission or 32 |
|---|
| 994 | | - | Institution. 33 |
|---|
| 995 | | - | The provisions of this section shall be in effect only from July 1, 34 |
|---|
| 996 | | - | 2024 2025 through June 30, 2025 2026. 35 |
|---|
| 997 | | - | 36 As Engrossed: S3/10/25 S3/31/25 S4/3/25 SB92 |
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| 998 | | - | |
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| 999 | | - | 26 04-03-2025 15:10:47 JAP010 |
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| 1000 | | - | |
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| 1001 | | - | |
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| 1002 | | - | SECTION 42. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 1 |
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| 1003 | | - | authorized by this act shall be limited to the appropriation for such agency 2 |
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| 1004 | | - | and funds made available by law for the support of such appropriations; and 3 |
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| 1005 | | - | the restrictions of the State Procurement Law, the General Accounting and 4 |
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| 1006 | | - | Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 5 |
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| 1007 | | - | Procedures and Restrictions Act, or their successors, and other fiscal 6 |
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| 1008 | | - | control laws of this State, where applicable, and regulations promulgated by 7 |
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| 1009 | | - | the Department of Finance and Administration, as authorized by law, shall be 8 |
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| 1010 | | - | strictly complied with in disbursement of said funds. 9 |
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| 1011 | | - | 10 |
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| 1012 | | - | SECTION 43. LEGISLATIVE INTENT. It is the intent of the General 11 |
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| 1013 | | - | Assembly that any funds disbursed under the authority of the appropriations 12 |
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| 1014 | | - | contained in this act shall be in compliance with the stated reasons for 13 |
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| 1015 | | - | which this act was adopted, as evidenced by the Agency Requests, Executive 14 |
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| 1016 | | - | Recommendations and Legislative Recommendations contained in the budget 15 |
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| 1017 | | - | manuals prepared by the Department of Finance and Administration, letters, or 16 |
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| 1018 | | - | summarized oral testimony in the official minutes of the Arkansas Legislative 17 |
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| 1019 | | - | Council or Joint Budget Committee which relate to its passage and adoption. 18 |
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| 1020 | | - | 19 |
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| 1021 | | - | SECTION 44. EMERGENCY CLAUSE. It is found and determined by the 20 |
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| 1022 | | - | General Assembly, that the Constitution of the State of Arkansas prohibits 21 |
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| 1023 | | - | the appropriation of funds for more than a one (1) year period; that the 22 |
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| 1024 | | - | effectiveness of this Act on July 1, 2025 is essential to the operation of 23 |
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| 1025 | | - | the agency for which the appropriations in this Act are provided, and that in 24 |
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| 1026 | | - | the event of an extension of the legislative session, the delay in the 25 |
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| 1027 | | - | effective date of this Act beyond July 1, 2025 could work irreparable harm 26 |
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| 1028 | | - | upon the proper administration and provision of essential governmental 27 |
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| 1029 | | - | programs. Therefore, an emergency is hereby declared to exist and this Act 28 |
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| 1030 | | - | being necessary for the immediate preservation of the public peace, health 29 |
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| 1031 | | - | and safety shall be in full force and effect from and after July 1, 2025. 30 |
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| 1032 | | - | 31 |
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| 1033 | | - | /s/Joint Budget Committee 32 |
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