Bill Summary – FastDemocracy

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                                             Act 200 of the Regular Session
 State of Arkansas
 93rd General Assembly                            A Bill
 Regular Session, 2021                                                                  HOUSE BILL 1410
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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
                EDUCATION - DIVISION OF HIGHER EDUCATION;                      AND FOR
                OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF EDUCATION -
                           DIVISION OF HIGHER EDUCATION
                           REAPPROPRIATION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. REAPPROPRIATION - ADE - DHE - DEVELOPMENT AND ENHANCEMENT
 FUND.    There is hereby appropriated, to the Department of Education, to be
 payable from the Development and Enhancement Fund, for the Department of
 Education - Division of Higher Education the following:
         (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 1 of Act 107 of 2020, for various maintenance,
 renovation, equipping, construction, acquisition, improvement, upgrade, and
 repair of real property and facilities for all public four-year institutions,
 two-year institutions, and technical colleges, in a sum not to exceed
 .................................................................$24,850,623.
         (B)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 1 of Act 107 of 2020, for grants for scholarships for
 Historically Black Colleges and Universities and for personal services and
 operating expenses as determined by the Department of Education - Division of
 Higher Education for outreach programs to promote awareness of the
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 scholarships for Historically Black Colleges and Universities, in a sum not
 to exceed ........................................................$1,450,000.
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      SECTION 2. REAPPROPRIATION - ADE - DHE - NTI - DEVELOPMENT AND
 ENHANCEMENT FUND.   There is hereby appropriated, to the Department of
 Education, to be payable from the Development and Enhancement Fund, for the
 Department of Education - Division of Higher Education - Northwest Technical
 Institute the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 2 of Act 107 of 2020, for Industrial Technology Center
 construction, parking, equipment, and furnishings costs, in a sum not to
 exceed ..............................................................$36,307.
      (B)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 2 of Act 107 of 2020, for transfers of or refund to
 expenditures for capital balances for construction, renovation, major
 maintenance, and purchase of equipment for various capital projects or
 facility improvements, in a sum not to exceed .......................$11,110.
      (C)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (C) of Section 2 of Act 107 of 2020, for transfers of or refund to
 expenditures for capital balances for construction, renovation, major
 maintenance, and purchase of equipment for various capital projects or
 facility improvements, in a sum not to exceed ......................$271,275.
      (D)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (E) of Section 2 of Act 107 of 2020, for transfers of or refund to
 expenditures for capital balances for construction, renovation, major
 maintenance, and purchase of equipment for various capital projects or
 facility improvements, in a sum not to exceed ....................$1,000,000.
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      SECTION 3. 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
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 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 4. 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 5. 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
 and safety shall be in full force and effect from and after July 1, 2021.
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                                APPROVED: 3/1/21
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