Stricken language will be deleted and underlined language will be added.
Act 698 of the Regular Session
1 State of Arkansas As Engrossed: S3/29/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 178
4
5 By: Joint Budget Committee
6
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION WHICH SHALL BE
9 SUPPLEMENTAL AND IN ADDITION TO OTHER APPROPRIATIONS
10 MADE BY THE NINETY-THIRD GENERAL ASSEMBLY TO PAY
11 APPROVED CLAIMS; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 AN ACT TO MAKE AN APPROPRIATION FOR THE
16 PAYMENT OF APPROVED CLAIMS.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. APPROPRIATION. There is hereby appropriated, to the
22 Department of Commerce - Arkansas Rehabilitation Services, to be payable from
23 the paying account as determined by the Chief Fiscal Officer of the State,
24 for the purpose of paying claims against the State of Arkansas to the payee
25 set out herein:
26 ITEM FISCAL YEAR
27 NO. 2020-2021
28 (1) CLEAR ENERGY SOLUTIONS, LLC $77,961.06
29
30 SECTION 2. APPROPRIATION. There is hereby appropriated, to the
31 Department of Finance and Administration - Revenue Services Division, to be
32 payable from the Individual Income Tax Withholding Fund, for the purpose of
33 paying claims against the State of Arkansas to the payee set out herein:
34 ITEM FISCAL YEAR
35 NO. 2020-2021
36 (1) CHRIS RAYBON AND ADRIANNE H. KAHN $15,136.00
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1
2 SECTION 3. APPROPRIATION. There is hereby appropriated, to the
3 Arkansas Department of Transportation, to be payable from the State Highway
4 and Transportation Department Fund, for the purpose of paying claims against
5 the State of Arkansas to the payee set out herein:
6 ITEM FISCAL YEAR
7 NO. 2020-2021
8 (1) STEPHEN A. MATT $319,775.25
9
10 SECTION 4. APPROPRIATION. There is hereby appropriated, to the
11 Department of Energy and Environment - Division of Environmental Quality, to
12 be payable from the Landfill Post-Closure Trust Fund, for the purpose of
13 paying claims against the State of Arkansas to the payee set out herein:
14 ITEM FISCAL YEAR
15 NO. 2020-2021
16 (1) STERNS, CONRAD AND SCHMIDT,
17 CONSULTING ENGINEERS, INC. $189,000.00
18
19 SECTION 5. APPROPRIATION. There is hereby appropriated, to the
20 Arkansas Department of Human Services, to be payable from the Youth Services
21 Fund Account, for the purpose of paying claims against the State of Arkansas
22 to the payee set out herein:
23 ITEM FISCAL YEAR
24 NO. 2020-2021
25 (1) WELLPATH, LLC $448,636.27
26
27 SECTION 6. APPROPRIATION. There is hereby appropriated, to the
28 Arkansas Department of Human Services, to be payable from the Children and
29 Family Services Fund Account, for the purpose of paying claims against the
30 State of Arkansas to the payee set out herein:
31 ITEM FISCAL YEAR
32 NO. 2020-2021
33 (1) METHODIST LeBONHEUR HEALTHCARE $27,540.00
34
35 SECTION 7. APPROPRIATION. There is hereby appropriated, to the
36 Arkansas Department of the Military, to be payable from the Department of the
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1 Military Fund Account, for the purpose of paying claims against the State of
2 Arkansas to the payee set out herein:
3 ITEM FISCAL YEAR
4 NO. 2020-2021
5 (1) FRANKLIN SEBASTIAN PUBLIC WATER AUTHORITY $29,092.96
6
7 SECTION 8. APPROPRIATION. There is hereby appropriated, to the
8 Arkansas Insurance Department, to be payable from the Miscellaneous Revolving
9 Fund Account, for the purpose of paying claims against the State of Arkansas
10 to the payee set out herein:
11 ITEM FISCAL YEAR
12 NO. 2020-2021
13 (1) DIRECT NATIONAL INSURANCE COMPANY $217,947.00
14
15 SECTION 9. APPROPRIATION. There is hereby appropriated, to the
16 Arkansas Department of Transportation, to be payable from the State Highway
17 and Transportation Department Fund, for the purpose of paying claims against
18 the State of Arkansas to the payee set out herein:
19 ITEM FISCAL YEAR
20 NO. 2020-2021
21 (1) TANNER CONSTRUCTION COMPANY, INC. $1,489,159.32
22
23 SECTION 10. APPROPRIATION. There is hereby appropriated, to the
24 Arkansas Department of Emergency Management, to be payable from the cash fund
25 deposited in the State Treasury as determined by the Chief Fiscal Officer of
26 the State, for the purpose of paying claims against the State of Arkansas to
27 the payee set out herein:
28 ITEM FISCAL YEAR
29 NO. 2020-2021
30 (1) DAYONG YANG, AS SPECIAL ADMINISTRATOR OF
31 THE ESTATE OF LE YANG $100,000.00
32
33 SECTION 11. APPROPRIATION. There is hereby appropriated, to the
34 University of Arkansas for Medical Sciences, to be payable from the
35 University of Arkansas Medical Center Fund, for the purpose of paying claims
36 against the State of Arkansas to the payee set out herein:
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1 ITEM FISCAL YEAR
2 NO. 2020-2021
3 (1) DEBORAH PAULL $50,000.00
4
5 SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
6 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. CARRYOVER
7 OF CLAIMS. Any state agency which is affected by the allowed claim(s)
8 provided for in this Act, and whose fund for the 2019-2020 2020-2021 fiscal
9 year are insufficient to allow for the payment of said claim(s) before June
10 30, 2020 2021, is hereby authorized, upon certification by the Chief Fiscal
11 Officer of the State, to make payment of said claim(s) after July 1, 2020
12 2021, from funds appropriated for the 2020-2021 2021-2022 fiscal year.
13
14 SECTION 13. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
15 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
16 DISBURSING OFFICER. The Clerk of the State Claims Commission is hereby made
17 the disbursing officer for the purpose of paying the claims appropriated by
18 this Act. The Clerk of the State Claims Commission is hereby authorized to
19 receive all warrants prepared under the provisions of this Act from the
20 Auditor of State and to distribute same to the claimants.
21
22 SECTION 14. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
24 ARKANSAS DEPARTMENT OF HUMAN SERVICES CLAIMS. For any claims in this Act
25 appropriated to the Department of Human Services, the Clerk of the State
26 Claims Commission shall consult with the Department of Human Services and the
27 Chief Fiscal Officer of the State to determine the division and funds to
28 which liability should be assigned and from which the warrants shall be
29 drawn. The Clerk of the State Claims Commission shall initiate the
30 appropriate transfers as may be required and as approved by the Chief Fiscal
31 Officer of the State.
32
33 SECTION 15. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
34 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
35 ARKANSAS DEPARTMENT OF HEALTH CLAIMS. For any claims in this Act
36 appropriated to the Department of Health, the Clerk of the State Claims
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1 Commission shall consult with the Department of Health and the Chief Fiscal
2 Officer of the State to determine the division and funds to which liability
3 should be assigned and from which the warrants shall be drawn. The Clerk of
4 the State Claims Commission shall initiate the appropriate transfers as may
5 be required and as approved by the Chief Fiscal Officer of the State.
6
7 SECTION 16. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
8 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
9 CLAIMS FROM CASH FUNDS. In the event that any claim authorized herein is
10 determined to be a valid claim against the State and the claim is to be paid
11 from funds not in the State Treasury, the Clerk of the State Claims
12 Commission shall notify the agency against which the claim is to be charged
13 of the amount of such claims. Upon receipt of such notification, the state
14 agency shall forth-with deliver a check to the Clerk of the State Claims
15 Commission who shall deposit the same as a nonrevenue receipt into the
16 Miscellaneous Revolving Fund from which he shall disburse the amount of the
17 claim to the claimant.
18
19 SECTION 17. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
20 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
21 EMPLOYMENT COMPENSATION CLAIMS. The Clerk of the State Claims Commission
22 shall not distribute any warrants prepared under the provisions of this Act
23 for awards made by the Arkansas State Claims Commission for employment
24 compensation claims. Upon the award by the State Claims Commission of an
25 employment compensation claim, the Clerk of the State Claims Commission shall
26 notify the affected state agency and the Department of Finance and
27 Administration - Office of Personnel Management of such amounts that are due
28 and payable. The affected state agency shall then process the award through
29 the State Mechanized Payroll System.
30
31 SECTION 18. COMPLIANCE WITH OTHER LAWS. Disbursement of funds
32 authorized by this act shall be limited to the appropriation for such agency
33 and funds made available by law for the support of such appropriations; and
34 the restrictions of the State Procurement Law, the General Accounting and
35 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
36 Procedures and Restrictions Act, or their successors, and other fiscal
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1 control laws of this State, where applicable, and regulations promulgated by
2 the Department of Finance and Administration, as authorized by law, shall be
3 strictly complied with in disbursement of said funds.
4
5 SECTION 19. LEGISLATIVE INTENT. It is the intent of the General
6 Assembly that any funds disbursed under the authority of the appropriations
7 contained in this act shall be in compliance with the stated reasons for
8 which this act was adopted, as evidenced by the Agency Requests, Executive
9 Recommendations and Legislative Recommendations contained in the budget
10 manuals prepared by the Department of Finance and Administration, letters, or
11 summarized oral testimony in the official minutes of the Arkansas Legislative
12 Council or Joint Budget Committee which relate to its passage and adoption.
13
14 SECTION 20. EMERGENCY CLAUSE. It is found and determined by the
15 General Assembly, that payees listed in this Act may be entitled to the sums
16 appropriated and transferred to herein, and that they have been deprived of
17 the use of these funds for a long period of time, and that further delay in
18 paying these just debts of the state would do harm to the reputation of the
19 State of Arkansas. Therefore, an emergency is hereby declared to exist and
20 this Act being necessary for the immediate preservation of the public peace,
21 health and safety shall be in full force and effect from and after the date
22 of its passage and approval.
23 If the bill is neither approved nor vetoed by the Governor, it shall become
24 effective on the expiration of the period of time during which the Governor
25 may veto the bill. If the bill is vetoed by the Governor and the veto is
26 overridden, it shall become effective on the date the last house overrides
27 the veto.
28
29 /s/Joint Budget Committee
30
31
32 APPROVED: 4/13/21
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