Bill Summary – FastDemocracy

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                                               Act 141 of the Fiscal Session
 State of Arkansas
 93rd General Assembly                            A Bill
 Fiscal Session, 2022                                                                   HOUSE BILL 1061
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
                AND OPERATING EXPENSES FOR THE UNIVERSITY OF ARKANSAS
                AND THE DIVISION OF AGRICULTURE - ARKANSAS
                BIOSCIENCES INSTITUTES FOR THE FISCAL YEAR ENDING
                JUNE 30, 2023; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE UNIVERSITY OF ARKANSAS AND
                           THE DIVISION OF AGRICULTURE - ARKANSAS
                           BIOSCIENCES INSTITUTES APPROPRIATION FOR
                           THE 2022-2023 FISCAL YEAR.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1. APPROPRIATION - ARKANSAS BIOSCIENCES INSTITUTE.                              There is
 hereby appropriated, to the University of Arkansas, to be payable from the
 Arkansas Biosciences Institute Program Account of the Tobacco Settlement
 Fund, for personal services and operating expenses of the University of
 Arkansas - Arkansas Biosciences Institute for the fiscal year ending June 30,
 2023, the following:
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 ITEM                                                                                     FISCAL YEAR
  NO.                                                                                           2022-2023
 (01)   REGULAR SALARIES                                                                        $480,000
 (02)   PERSONAL SERVICES MATCHING                                                                75,000
 (03)   MAINT. & GEN. OPERATION
        (A) OPER. EXPENSE                                                                        800,000
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        (B) CONF. & TRAVEL                                                   0
        (C) PROF. FEES                                                       0
        (D) CAP. OUTLAY                                             1,020,563
        (E) DATA PROC.                                                        0
        TOTAL AMOUNT APPROPRIATED                                  $2,375,563
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        SECTION 2. APPROPRIATION - DIVISION OF AGRICULTURE - ARKANSAS
 BIOSCIENCES.   There is hereby appropriated, to the University of Arkansas -
 Division of Agriculture, to be payable from the Arkansas Biosciences
 Institute Program Account of the Tobacco Settlement Fund, for personal
 services and operating expenses of the University of Arkansas - Division of
 Agriculture - Arkansas Biosciences Institute for the fiscal year ending June
 30, 2023, the following:
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 ITEM                                                             FISCAL YEAR
  NO.                                                               2022-2023
 (01)   REGULAR SALARIES                                           $1,356,100
 (02)   PERSONAL SERVICES MATCHING                                    359,332
 (03)   MAINT. & GEN. OPERATION
        (A) OPER. EXPENSE                                             380,000
        (B) CONF. & TRAVEL                                              40,000
        (C) PROF. FEES                                                100,000
        (D) CAP. OUTLAY                                                 180,000
        (E) DATA PROC.                                                        0
        TOTAL AMOUNT APPROPRIATED                                  $2,415,432
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        SECTION 3. SPECIAL LANGUAGE.   NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.     TRANSFER
 RESTRICTIONS. The appropriations provided in this act shall not be
 transferred under the provisions of Arkansas Code 19-4-522, but only as
 provided by this act.
    The provisions of this section shall be in effect only from July 1, 2021
 2022 through June 30, 2022 2023.
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        SECTION 4. SPECIAL LANGUAGE.   NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.      TRANSFER
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 PROVISIONS. The state-supported institution of higher education in this act
 may transfer appropriations between the various line items within each
 appropriation contained in this appropriation act. Such transfers shall be
 made only after the approval of the Department of Higher Education and the
 Chief Fiscal Officer of the State, and the approval of the Legislative
 Council or Joint Budget Committee.
   The General Assembly has determined that the institution in this act could
 be operated more efficiently if some flexibility is given to that institution
 and that flexibility is being accomplished by providing authority to transfer
 between items of appropriation made by this act. Since the General Assembly
 has granted the institution broad powers under the transfer of
 appropriations, it is both necessary and appropriate that the General
 Assembly maintain oversight of the utilization of the transfers by requiring
 prior approval of the Legislative Council or Joint Budget Committee in the
 utilization of the transfer authority.   Therefore, the requirement of
 approval by the Legislative Council or Joint Budget Committee is not a
 severable part of this section. If the requirement of approval by the
 Legislative Council or Joint Budget Committee is ruled unconstitutional by a
 court of competent jurisdiction, this entire section is void.
   The provisions of this section shall be in effect only from July 1, 2021
 2022 through June 30, 2022 2023.
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      SECTION 5. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the
 State of Arkansas or any of its agencies or institutions to continue funding
 any position paid from the proceeds of the Tobacco Settlement in the event
 that Tobacco Settlement funds are not sufficient to finance the position.
 (b) State funds will not be used to replace Tobacco Settlement funds when
 such funds expire, unless appropriated by the General Assembly and authorized
 by the Governor.
 (c) A disclosure of the language contained in (a) and (b) of this Section
 shall be made available to all new hire and current positions paid from the
 proceeds of the Tobacco Settlement by the Tobacco Settlement Commission.
 (d) Whenever applicable the information contained in (a) and (b) of this
 Section shall be included in the employee handbook and/or Professional
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 Services Contract paid from the proceeds of the Tobacco Settlement.
    The provisions of this section shall be in effect only from July 1, 2021
 2022 through June 30, 2022 2023.
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          SECTION 6. SPECIAL LANGUAGE.     NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 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 Purchasing Law, the General Accounting and Budgetary Procedures
 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 7. SPECIAL LANGUAGE.     NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
 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 Initiated Act 1 of 2000, 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 8. EFFECTIVE DATE.     This act is effective on and after July 1,
 2022.
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                                  APPROVED: 3/7/22
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