Bill Summary – FastDemocracy

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                                               Act 186 of the Fiscal Session
 State of Arkansas
 93rd General Assembly                            A Bill
 Fiscal Session, 2022                                                                     SENATE BILL 66
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                AN ACT TO MAKE AN APPROPRIATION WHICH SHALL BE
                SUPPLEMENTAL AND IN ADDITION TO OTHER APPROPRIATIONS
                MADE BY THE NINETY-THIRD GENERAL ASSEMBLY TO PAY
                APPROVED CLAIMS; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT TO MAKE AN APPROPRIATION FOR THE
                           PAYMENT OF APPROVED CLAIMS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1. APPROPRIATION.               There is hereby appropriated, to the
 Department of Commerce - Arkansas Rehabilitation Services, to be payable from
 the paying account as determined by the Chief Fiscal Officer of the State,
 for the purpose of paying claims against the State of Arkansas to the payee
 set out herein:
 ITEM                                                                                     FISCAL YEAR
  NO.                                                                                           2021-2022
 (1)    ARKANSAS REHABILITATION ASSOCIATION                                                 $24,130.00
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        SECTION 2. APPROPRIATION.               There is hereby appropriated, to the Auditor
 of State, to be payable from the State Central Services Fund, for the purpose
 of paying claims against the State of Arkansas to the payee set out herein:
 ITEM                                                                                     FISCAL YEAR
  NO.                                                                                           2021-2022
 (1)    KELMAR ASSOCIATES, LLC                                                              $27,265.46
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        SECTION 3. APPROPRIATION.   There is hereby appropriated, to the
 Arkansas Department of Transportation, to be payable from the State Highway
 and Transportation Department Fund, for the purpose of paying claims against
 the State of Arkansas to the payee set out herein:
 ITEM                                                             FISCAL YEAR
  NO.                                                               2021-2022
 (1)    TINITA GILMORE                                            $300,000.00
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        SECTION 4. APPROPRIATION.   There is hereby appropriated, to the
 Department of Finance and Administration - Alcoholic Beverage Control
 Administration, to be payable from the Medical Marijuana Commission Fund, for
 the purpose of paying claims against the State of Arkansas to the payee set
 out herein:
 ITEM                                                             FISCAL YEAR
  NO.                                                               2021-2022
 (1)    CARPENTER FARMS, LLC                                      $121,186.34
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        SECTION 5. APPROPRIATION.   There is hereby appropriated, to the
 Department of Finance and Administration - Revenue Services Division, to be
 payable from the Individual Income Tax Withholding Fund, for the purpose of
 paying claims against the State of Arkansas to the payee set out herein:
 ITEM                                                             FISCAL YEAR
  NO.                                                               2021-2022
 (1)    HUGH JARRATT AND CAROL BOOTH                               $23,037.00
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        SECTION 6. APPROPRIATION.   There is hereby appropriated, to the
 Arkansas Department of Transportation, to be payable from the State Highway
 and Transportation Department Fund, for the purpose of paying claims against
 the State of Arkansas to the payee set out herein:
 ITEM                                                             FISCAL YEAR
  NO.                                                               2021-2022
 (1)    JAMES CONSTRUCTION GROUP, LLC                             $910,837.44
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        SECTION 7. APPROPRIATION.   There is hereby appropriated, to the
 Department of Finance and Administration - Alcoholic Beverage Control
 Administration, to be payable from the Miscellaneous Agencies Fund Account,
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 for the purpose of paying claims against the State of Arkansas to the payee
 set out herein:
 ITEM                                                                 FISCAL YEAR
  NO.                                                                   2021-2022
 (1)    ROCK CITY HARVEST, LLC                                         $22,500.00
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        SECTION 8. APPROPRIATION.   There is hereby appropriated, to the
 Arkansas Tech University, to be payable from the cash funds as defined by
 Arkansas Code 19-4-801, for the purpose of paying claims against the State of
 Arkansas to the payee set out herein:
 ITEM                                                                 FISCAL YEAR
  NO.                                                                   2021-2022
 (1)    FLYNCO, INC.                                                  $143,752.46
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        SECTION 9. APPROPRIATION.   There is hereby appropriated, to the
 University of Arkansas for Medical Sciences, to be payable from the
 University of Arkansas Medical Center Fund, for the purpose of paying claims
 against the State of Arkansas to the payee set out herein:
 ITEM                                                                 FISCAL YEAR
  NO.                                                                   2021-2022
 (1)    CHARLES E. CROSS, AS APPOINTED ADMINISTRATOR
        OF THE ESTATE OF CONNIE M. STOKES-CROSS                       $225,000.00
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        SECTION 10. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.        CARRYOVER
 OF CLAIMS. Any state agency which is affected by the allowed claim(s)
 provided for in this Act, and whose fund for the 2020-2021 2021-2022 fiscal
 year are insufficient to allow for the payment of said claim(s) before June
 30, 2021 2022, is hereby authorized, upon certification by the Chief Fiscal
 Officer of the State, to make payment of said claim(s) after July 1, 2021
 2022, from funds appropriated for the 2021-2022 2022-2023 fiscal year.
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        SECTION 11. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 DISBURSING OFFICER.   The Clerk of the State Claims Commission is hereby made
 the disbursing officer for the purpose of paying the claims appropriated by
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 this Act.   The Clerk of the State Claims Commission is hereby authorized to
 receive all warrants prepared under the provisions of this Act from the
 Auditor of State and to distribute same to the claimants.
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      SECTION 12. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.      ARKANSAS
 DEPARTMENT OF HUMAN SERVICES CLAIMS.      For any claims in this Act appropriated
 to the Department of Human Services, the Clerk of the State Claims Commission
 shall consult with the Department of Human Services and the Chief Fiscal
 Officer of the State to determine the division and funds to which liability
 should be assigned and from which the warrants shall be drawn.      The Clerk of
 the State Claims Commission shall initiate the appropriate transfers as may
 be required and as approved by the Chief Fiscal Officer of the State.
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      SECTION 13. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.      ARKANSAS
 DEPARTMENT OF HEALTH CLAIMS.   For any claims in this Act appropriated to the
 Department of Health, the Clerk of the State Claims Commission shall consult
 with the Department of Health and the Chief Fiscal Officer of the State to
 determine the division and funds to which liability should be assigned and
 from which the warrants shall be drawn.      The Clerk of the State Claims
 Commission shall initiate the appropriate transfers as may be required and as
 approved by the Chief Fiscal Officer of the State.
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      SECTION 14. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.      CLAIMS
 FROM CASH FUNDS.   In the event that any claim authorized herein is determined
 to be a valid claim against the State and the claim is to be paid from funds
 not in the State Treasury, the Clerk of the State Claims Commission shall
 notify the agency against which the claim is to be charged of the amount of
 such claims.   Upon receipt of such notification, the state agency shall
 forth-with deliver a check to the Clerk of the State Claims Commission who
 shall deposit the same as a nonrevenue receipt into the Miscellaneous
 Revolving Fund from which he shall disburse the amount of the claim to the
 claimant.
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      SECTION 15. SPECIAL LANGUAGE.       NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 EMPLOYMENT COMPENSATION CLAIMS.   The Clerk of the State Claims Commission
 shall not distribute any warrants prepared under the provisions of this Act
 for awards made by the Arkansas State Claims Commission for employment
 compensation claims.   Upon the award by the State Claims Commission of an
 employment compensation claim, the Clerk of the State Claims Commission shall
 notify the affected state agency and the Department of Finance and
 Administration - Office of Personnel Management of such amounts that are due
 and payable.   The affected state agency shall then process the award through
 the State Mechanized Payroll System.
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      SECTION 16. COMPLIANCE WITH OTHER LAWS.       Disbursement of funds
 authorized by this act shall be limited to the appropriation for such agency
 and funds made available by law for the support of such appropriations; and
 the restrictions of the State Procurement Law, the General Accounting and
 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
 Procedures and Restrictions Act, or their successors, and other fiscal
 control laws of this State, where applicable, and regulations promulgated by
 the Department of Finance and Administration, as authorized by law, shall be
 strictly complied with in disbursement of said funds.
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      SECTION 17. LEGISLATIVE INTENT.      It is the intent of the General
 Assembly that any funds disbursed under the authority of the appropriations
 contained in this act shall be in compliance with the stated reasons for
 which this act was adopted, as evidenced by the Agency Requests, Executive
 Recommendations and Legislative Recommendations contained in the budget
 manuals prepared by the Department of Finance and Administration, letters, or
 summarized oral testimony in the official minutes of the Arkansas Legislative
 Council or Joint Budget Committee which relate to its passage and adoption.
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      SECTION 18. EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly, that payees listed in this Act may be entitled to the sums
 appropriated and transferred to herein, and that they have been deprived of
 the use of these funds for a long period of time, and that further delay in
 paying these just debts of the state would do harm to the reputation of the
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 State of Arkansas.   Therefore, an emergency is hereby declared to exist and
 this Act being necessary for the immediate preservation of the public peace,
 health and safety shall be in full force and effect from and after the date
 of its passage and approval.
 If the bill is neither approved nor vetoed by the Governor, it shall become
 effective on the expiration of the period of time during which the Governor
 may veto the bill.   If the bill is vetoed by the Governor and the veto is
 overridden, it shall become effective on the date the last house overrides
 the veto.
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                                APPROVED: 3/7/22
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