Bill Summary – FastDemocracy

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                                             Act 169 of the Regular Session
 State of Arkansas                       As Engrossed:        S2/9/21
 93rd General Assembly                            A Bill
 Regular Session, 2021                                                                  SENATE BILL 268
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                AN ACT TO REAPPROPRIATE THE BALANCES OF CAPITAL
                IMPROVEMENT APPROPRIATIONS FOR THE DEPARTMENT OF
                AGRICULTURE; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF AGRICULTURE
                           REAPPROPRIATION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1. REAPPROPRIATION - DEVELOPMENT AND ENHANCEMENT FUND PROJECTS.
 There is hereby appropriated, to the Department of Agriculture, to be payable
 from the Development and Enhancement Fund, for the Department of Agriculture
 the following:
        (A)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 1 of Act 109 of 2020, for various maintenance,
 renovation, equipping, professional services contracts for air tankers,
 construction, acquisition, improvement, upgrade, and repair of real property
 and facilities, personal services and operational expenses related to
 agricultural disasters, in a sum not to exceed ......................$14,926.
        (B)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 1 of Act 109 of 2020, for various maintenance,
 renovation, equipping, professional services contracts for air tankers,
 construction, acquisition, improvement, upgrade, and repair of real property
 and facilities, in a sum not to exceed ..............................$22,210.
        (C)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (C) of Section 1 of Act 109 of 2020, for various maintenance,
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     As Engrossed:   S2/9/21                                                   SB268
 renovation, equipping, professional services contracts for air tankers,
 construction, acquisition, improvement, upgrade and repair of real property
 and facilities of the Department of Agriculture, in a sum not to exceed
 .................................................................$10,000,000.
      (D)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (D) of Section 1 of Act 109 of 2020, for various maintenance,
 renovation, equipping, professional services contracts for air tankers,
 construction, acquisition, improvement, upgrade, repair of real property and
 facilities, personal services and operating expenses related to agriculture
 disasters, in a sum not to exceed ...............................$10,000,000.
      (E)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (E) of Section 1 of Act 109 of 2020, for construction, renovation,
 repairs and equipping of new office space, laboratories, and support
 facilities for the Department of Agriculture, in a sum not to exceed
 ..................................................................$6,000,000.
      (F)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (F) of Section 1 of Act 109 of 2020, for IT software, in a sum not to
 exceed .............................................................$300,000.
      (G)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (G) of Section 1 of Act 109 of 2020, for various maintenance,
 renovation, equipping, professional services contracts for air tankers,
 construction, acquisition, improvement, upgrade, and repair of real property
 and facilities for the Arkansas Forestry Commission, in a sum not to exceed
 ..................................................................$1,000,000.
      (H)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (I) of Section 1 of Act 109 of 2020, for purchase and replacement of
 aging and outdated laboratory equipment for the Agriculture Department
 Laboratory, in a sum not to exceed .................................$450,000.
      (I)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (J) of Section 1 of Act 109 of 2020, for grants or low interest loans
 to pay for the debts associated with the Arkansas Boll Weevil Suppression
 Eradication, in a sum not to exceed .............................$13,800,000.
      (J)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (K) of Section 1 of Act 109 of 2020, for renovations and replacement
 furnishings for the Department of Agriculture, in a sum not to exceed
 ....................................................................$350,000.
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     As Engrossed:    S2/9/21                                                     SB268
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      SECTION 2. REAPPROPRIATION - BOND PROCEEDS.   There is hereby
 appropriated, to the Department of Agriculture to be payable from the Bond
 Proceeds, for the Department of Agriculture the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 2 of Act 109 of 2020, for construction of New Office
 Space, Laboratories and Support Facilities for the Department of Agriculture,
 in a sum not to exceed ..........................................$60,000,000.
      (B)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 2 of Act 109 of 2020, for construction, renovation,
 repairs and equipping of new office space, laboratories, and support
 facilities for the Department of Agriculture, in a sum not to exceed
 .................................................................$60,000,000.
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      SECTION 3. REAPPROPRIATION - NECROPSY ROOM IMPROVEMENTS.     There is
 hereby appropriated, to the Department of Agriculture, to be payable from the
 Livestock and Poultry Special Revenue Fund, for the Department of Agriculture
 the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 3 of Act 109 of 2020, for construction, renovation and
 equipping of the Necropsy Room at the Livestock and Poultry Diagnostic Lab,
 in a sum not to exceed ..............................................$69,563.
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      SECTION 4. REAPPROPRIATION - NATURAL AND CULTURAL RESOURCES COUNCIL -
 STATE OWNED LANDS OR HISTORIC SITES.   There is hereby appropriated, to the
 Department of Agriculture, to be payable from the Arkansas Natural and
 Cultural Resources Grant and Trust Fund, for the Department of Agriculture
 the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Section 27 of Act 18 of 2020, for acquisition, management, stewardship or
 preservation of state owned lands, historic sites, buildings, structures or
 objects, in a sum not to exceed ....................$1,606,459.
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      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
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     As Engrossed:   S2/9/21                                                    SB268
 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.
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      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.
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      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
 effectiveness of this Act on July 1, 2021 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, 2021 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
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     As Engrossed:   S2/9/21                                                    SB268
 and safety shall be in full force and effect from and after July 1, 2021.
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                           /s/Joint Budget Committee
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                               APPROVED: 3/1/21
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