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Act 91 of the Fiscal Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Fiscal Session, 2022 HOUSE BILL 1077
5 By: Joint Budget Committee
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
9 AND OPERATING EXPENSES FOR THE DEPARTMENT OF HEALTH -
10 TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE
11 FISCAL YEAR ENDING JUNE 30, 2023; AND FOR OTHER
16 AN ACT FOR THE DEPARTMENT OF HEALTH -
17 TOBACCO PREVENTION AND CESSATION PROGRAMS
18 APPROPRIATION FOR THE 2022-2023 FISCAL
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24 SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION
25 PROGRAMS. There is hereby established for the Department of Health - Tobacco
26 Prevention and Cessation Programs for the 2022-2023 fiscal year, the
27 following maximum number of regular employees.
29 Maximum Annual
30 Maximum Salary Rate
31 Item Class No. of Fiscal Year
32 No. Code Title Employees 2022-2023
33 (1) L025N SENIOR PHYSICIAN SPECIALIST 1 GRADE MP08
34 (2) L027C REGISTERED NURSE SUPERVISOR 1 GRADE MP02
35 (3) L038C REGISTERED NURSE 14 GRADE MP01
36 (4) L013C ADH BRANCH MANAGER 1 GRADE GS11
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1 (5) L025C ADH PUBLIC HEALTH SECTION CHIEF III 1 GRADE GS10
2 (6) L029C ADH PUBLIC HEALTH SECTION CHIEF II 1 GRADE GS09
3 (7) L028C EPIDEMIOLOGIST 1 GRADE GS09
4 (8) L043C HEALTH PROGRAM SPECIALIST III 1 GRADE GS08
5 (9) L048C HEALTH PROGRAM SPECIALIST II 1 GRADE GS07
6 (10) L039C NUTRITIONIST 1 GRADE GS07
7 (11) P013C PUBLIC INFORMATION COORDINATOR 1 GRADE GS07
8 (12) G180C GRANTS ANALYST 1 GRADE GS06
9 (13) L053C HEALTH PROGRAM SPECIALIST I 5 GRADE GS06
10 (14) A084C PROGRAM/FIELD AUDIT SPECIALIST 1 GRADE GS06
11 (15) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04
12 (16) C073C ADMINISTRATIVE SPECIALIST II 1 GRADE GS03
13 MAX. NO. OF EMPLOYEES 33
15 SECTION 2. EXTRA HELP - TOBACCO PREVENTION AND CESSATION PROGRAMS.
16 There is hereby authorized, for the Department of Health - Tobacco Prevention
17 and Cessation Programs for the 2022-2023 fiscal year, the following maximum
18 number of part-time or temporary employees, to be known as "Extra Help",
19 payable from funds appropriated herein for such purposes: four (4) temporary
20 or part-time employees, when needed, at rates of pay not to exceed those
21 provided in the Uniform Classification and Compensation Act, or its
22 successor, or this act for the appropriate classification.
24 SECTION 3. APPROPRIATION - TOBACCO PREVENTION AND CESSATION PROGRAMS.
25 There is hereby appropriated, to the Department of Health, to be payable from
26 the Prevention and Cessation Program Account, for personal services and
27 operating expenses of the Department of Health - Tobacco Prevention and
28 Cessation Programs for the fiscal year ending June 30, 2023, the following:
30 ITEM FISCAL YEAR
31 NO. 2022-2023
32 (01) REGULAR SALARIES $1,767,583
33 (02) EXTRA HELP 50,000
34 (03) PERSONAL SERVICES MATCHING 565,635
35 (04) MAINT. & GEN. OPERATION
36 (A) OPER. EXPENSE 185,000
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1 (B) CONF. & TRAVEL 25,000
2 (C) PROF. FEES 2,278,900
3 (D) CAP. OUTLAY 0
4 (E) DATA PROC. 0
5 (05) TOBACCO PREVENTION & CESSATION EXP 9,221,071
6 (06) EXP. NUTRITION & PHYSICAL ACTIVITY 603,629
7 TOTAL AMOUNT APPROPRIATED $14,696,818
9 SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
10 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER
11 RESTRICTIONS. The appropriations provided in this act shall not be
12 transferred under the provisions of Arkansas Code 19-4-522, but only as
13 provided by this act.
14 The provisions of this section shall be in effect only from July 1, 2021
15 2022 through June 30, 2022 2023.
17 SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
18 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS
19 OF APPROPRIATIONS. In the event the amount of any of the budget
20 classifications of maintenance and general operation in this act are found by
21 the administrative head of the agency to be inadequate, then the agency head
22 may request, upon forms provided for such purpose by the Chief Fiscal Officer
23 of the State, a modification of the amounts of the budget classification. In
24 that event, he shall set out on the forms the particular classifications for
25 which he is requesting an increase or decrease, the amounts thereof, and his
26 reasons therefor. In no event shall the total amount of the budget exceed
27 either the amount of the appropriation or the amount of the funds available,
28 nor shall any transfer be made from the capital outlay or data processing
29 subclassifications unless specific authority for such transfers is provided
30 by law, except for transfers from capital outlay to data processing when
31 determined by the Department of Transformation & Shared Services - Division
32 of Information Systems that data processing services for a state agency can
33 be performed on a more cost-efficient basis by the Department of
34 Transformation & Shared Services - Division of Information Systems than
35 through the purchase of data processing equipment by that state agency. In
36 considering the proposed modification as prepared and submitted by each state
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1 agency, the Chief Fiscal Officer of the State shall make such studies as he
2 deems necessary. The Chief Fiscal Officer of the State shall, after obtaining
3 the approval of the Legislative Council, approve the requested transfer if in
4 his opinion it is in the best interest of the state.
5 The General Assembly has determined that the agency in this act could be
6 operated more efficiently if some flexibility is given to that agency and
7 that flexibility is being accomplished by providing authority to transfer
8 between certain items of appropriation made by this act. Since the General
9 Assembly has granted the agency broad powers under the transfer of
10 appropriations, it is both necessary and appropriate that the General
11 Assembly maintain oversight of the utilization of the transfers by requiring
12 prior approval of the Legislative Council in the utilization of the transfer
13 authority. Therefore, the requirement of approval by the Legislative Council
14 is not a severable part of this section. If the requirement of approval by
15 the Legislative Council is ruled unconstitutional by a court of competent
16 jurisdiction, this entire section is void.
17 The provisions of this section shall be in effect only from July 1, 2021
18 2022 through June 30, 2022 2023.
20 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
21 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
22 POSITIONS. (a) Nothing in this act shall be construed as a commitment of the
23 State of Arkansas or any of its agencies or institutions to continue funding
24 any position paid from the proceeds of the Tobacco Settlement in the event
25 that Tobacco Settlement funds are not sufficient to finance the position.
26 (b) State funds will not be used to replace Tobacco Settlement funds when
27 such funds expire, unless appropriated by the General Assembly and authorized
28 by the Governor.
29 (c) A disclosure of the language contained in (a) and (b) of this Section
30 shall be made available to all new hire and current positions paid from the
31 proceeds of the Tobacco Settlement by the Tobacco Settlement Commission.
32 (d) Whenever applicable the information contained in (a) and (b) of this
33 section shall be included in the employee handbook and/or Professional
34 Services Contract paid from the proceeds of the Tobacco Settlement.
35 The provisions of this section shall be in effect only from July 1, 2021
36 2022 through June 30, 2022 2023.
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2 SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
3 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
4 ADVERTISING. No advertising targeting the prevention or reduction of tobacco
5 use shall include the name, voice, or likeness of any elected official or
6 their immediate family.
7 The provisions of this section shall be in effect only from July 1, 2021
8 2022 through June 30, 2022 2023.
10 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
11 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO
12 FUND TRANSFER. The Arkansas Department of Health is authorized to transfer
13 five hundred thousand dollars ($500,000) for the fiscal year ending June 30,
14 2022 2023 from the Prevention and Cessation Program Account to the Breast
15 Cancer Control Fund in order to provide for the State's matching share for
16 Medicaid services provided for breast and cervical cancer screening and
17 treatment. The amount transferred annually shall be the only obligation of
18 the Arkansas Department of Health for state match for these services.
19 The provisions of this section shall be in effect only from July 1, 2021
20 2022 through June 30, 2022 2023.
22 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
24 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act
25 shall be limited to the appropriation for such agency and funds made
26 available by law for the support of such appropriations; and the restrictions
27 of the State Purchasing Law, the General Accounting and Budgetary Procedures
28 Law, the Regular Salary Procedures and Restrictions Act, or their successors,
29 and other fiscal control laws of this State, where applicable, and
30 regulations promulgated by the Department of Finance and Administration, as
31 authorized by law, shall be strictly complied with in disbursement of said
33 The provisions of this section shall be in effect only from July 1, 2021
34 2022 through June 30, 2022 2023.
36 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
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1 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
2 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds
3 disbursed under the authority of the appropriation contained in this act
4 shall be in compliance with the stated reasons for which this act was
5 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests,
6 Executive Recommendations and Legislative Recommendations contained in the
7 budget manuals prepared by the Department of Finance and Administration,
8 letters, or summarized oral testimony in the official minutes of the Arkansas
9 Legislative Council or Joint Budget Committee which relate to its passage and
11 The provisions of this section shall be in effect only from July 1, 2021
12 2022 through June 30, 2022 2023.
14 SECTION 11. EFFECTIVE DATE. This act is effective on and after July 1,
18 APPROVED: 2/25/22
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