Bill Summary – FastDemocracy

Stricken language will be deleted and underlined language will be added.
                                                Act 84 of the Fiscal Session
 State of Arkansas
 94th General Assembly                            A Bill
 Fiscal Session, 2024                                                                   HOUSE BILL 1085
 4
 By: Joint Budget Committee
 6
                                      For An Act To Be Entitled
                AN ACT TO REAPPROPRIATE THE BALANCES OF CAPITAL
                IMPROVEMENT APPROPRIATIONS FOR THE DEPARTMENT OF
                CORRECTIONS - DIVISION OF CORRECTION;                    AND FOR OTHER
                PURPOSES.
12
13
                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF CORRECTIONS
                           - DIVISION OF CORRECTION REAPPROPRIATION.
17
18
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
        SECTION 1. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS.                              There is
 hereby appropriated, to the Department of Corrections, to be payable from the
 Development and Enhancement Fund, for the Department of Corrections -
 Division of Correction the following:
        (A)    Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 1 of Act 151 of 2023, for costs associated with prison
 expansion, in a sum not to exceed ...............................$75,000,000.
        (B)    Effective July 1, 2024, the balance of the appropriation provided
 in Item (B) of Section 1 of Act 151 of 2023, for personal services and
 operating expenses of the Division of Correction - Female Work Release - Pine
 Bluff, in a sum not to exceed ......................................$722,567.
        (C)    Effective July 1, 2024, the balance of the appropriation provided
 in Item (D) of Section 1 of Act 151 of 2023, for maintenance, replacement,
 repair, expansion, construction, equipping, renovation, purchase, improvement
 and upgrade of existing facilities of the Division of Correction, in a sum
 not to exceed ......................................................$958,993.
     *DJC031*                                                                        4/11/2024 1:07:06 PM DJC031
                                                                                HB1085
      (D)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (E) of Section 1 of Act 151 of 2023, for construction of two armories
 at the Varner and Tucker Units, in a sum not to exceed ...............$2,713.
      (E)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (F) of Section 1 of Act 151 of 2023, for replacement of the existing
 Water Treatment Plant at the Tucker Unit, in a sum not to exceed ...$920,018.
 7
      SECTION 2. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - CASH.
 There is hereby appropriated, to the Department of Corrections, to be payable
 from the cash fund deposited in the State Treasury as determined by the Chief
 Fiscal Officer of the State, for the Department of Corrections - Division of
 Correction the following:
      (A)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 1 of Act 153 of 2023, for generators at the
 Wrightsville Unit, in a sum not to exceed ..........................$300,000.
      (B)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 2 of Act 151 of 2023, for construction, renovation and
 major maintenance of facilities and Central Warehouse of the Division of
 Correction, in a sum not to exceed ...............................$5,000,000.
20
      SECTION 3. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - VARIOUS
 INDUSTRY PROJECTS.    There is hereby appropriated, to the Department of
 Corrections, to be payable from the Division of Correction Prison Industry
 Fund, for the Department of Corrections - Division of Correction the
 following:
      (A)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 3 of Act 153 of 2023, for various industry projects,
 in a sum not to exceed ...........................................$1,000,000.
      (B)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 3 of Act 151 of 2023, for maintenance, replacement,
 repair, expansion, construction, equipping, renovation, purchase, improvement
 and upgrade of the Department of Corrections - Various Industry Projects, in
 a sum not to exceed ................................................$126,645.
      (C)     Effective July 1, 2024, the balance of the appropriation provided
 in Item (B) of Section 3 of Act 151 of 2023, for maintenance, replacement,
 repair, expansion, construction, equipping, renovation, purchase, improvement
                                          2              4/11/2024 1:07:06 PM DJC031
                                                                              HB1085
 and upgrade of the Division of Correction - Various Industry Projects, in a
 sum not to exceed ....................................................$6,312.
      (D)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (C) of Section 3 of Act 151 of 2023, for various industry projects
 including storage at the Wrightsville Unit near the industry buildings, in a
 sum not to exceed ..................................................$150,000.
      (E)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (D) of Section 3 of Act 151 of 2023, for various industry projects
 for maintenance, replacement, repair, expansion, construction, equipping,
 renovation, purchase, improvement and upgrade of the Division of Correction,
 in a sum not to exceed ...........................................$1,000,000.
12
      SECTION 4. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - VARIOUS
 FARM PROJECTS.   There is hereby appropriated, to the Department of
 Corrections, to be payable from the Division of Correction Farm Fund, for the
 Department of Corrections - Division of Correction the following:
      (A)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (A) of Section 2 of Act 153 of 2023, for various farm projects, in a
 sum not to exceed ................................................$1,000,000.
      (B)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (B) of Section 4 of Act 151 of 2023, for maintenance, replacement,
 repair, expansion, construction, equipping, renovation, purchase,
 improvement, and upgrade of the Division of Correction - Various Farm
 Projects, in a sum not to exceed ...................................$140,534.
      (C)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (C) of Section 4 of Act 151 of 2023, for renovation of the current
 dairy facility and replacement of equipment, in a sum not to exceed
 ..................................................................$2,799,800.
      (D)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (D) of Section 4 of Act 151 of 2023, for construction of grain
 storage bins at Cummins, Tucker and East Arkansas Units, in a sum not to
 exceed ...........................................................$2,430,250.
      (E)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (E) of Section 4 of Act 151 of 2023, for maintenance and repair to
 upgrade the existing feed mill at the Cummins Unit, in a sum not to exceed
 ....................................................................$889,750.
                                         3              4/11/2024 1:07:06 PM DJC031
                                                                                HB1085
      (F)   Effective July 1, 2024, the balance of the appropriation provided
 in Item (F) of Section 4 of Act 151 of 2023, for Irrigation Project at
 Tucker/Cummins, in a sum not to exceed .............................$110,000.
 4
      SECTION 5. DISBURSEMENT CONTROLS. (A)    No contract may be awarded nor
 obligations otherwise incurred in relation to the project or projects
 described herein in excess of the State Treasury funds actually available
 therefor as provided by law.   Provided, however, that institutions and
 agencies listed herein shall have the authority to accept and use grants and
 donations including Federal funds, and to use its unobligated cash income or
 funds, or both available to it, for the purpose of supplementing the State
 Treasury funds for financing the entire costs of the project or projects
 enumerated herein.   Provided further, that the appropriations and funds
 otherwise provided by the General Assembly for Maintenance and General
 Operations of the agency or institutions receiving appropriation herein shall
 not be used for any of the purposes as appropriated in this act.
      (B) The restrictions of any applicable provisions of the State
 Purchasing Law, the General Accounting and Budgetary Procedures Law, the
 Revenue Stabilization Law and any other applicable fiscal control laws of
 this State and regulations promulgated by the Department of Finance and
 Administration, as authorized by law, shall be strictly complied with in
 disbursement of any funds provided by this act unless specifically provided
 otherwise by law.
24
      SECTION 6. 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.
33
      SECTION 7. EMERGENCY CLAUSE.     It is found and determined by the General
 Assembly, that the Constitution of the State of Arkansas prohibits the
 appropriation of funds for more than a one (1) year period; that the
                                         4               4/11/2024 1:07:06 PM DJC031
                                                                              HB1085
 effectiveness of this Act on July 1, 2024 is essential to the operation of
 the agency for which the appropriations in this Act are provided, and that in
 the event of an extension of the legislative session, the delay in the
 effective date of this Act beyond July 1, 2024 could work irreparable harm
 upon the proper administration and provision of essential governmental
 programs. 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 July 1, 2024.
 9
10
                               APPROVED: 4/25/24
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
                                        5              4/11/2024 1:07:06 PM DJC031