Bill Summary – FastDemocracy

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                                             Act 282 of the Regular Session
 State of Arkansas
 94th General Assembly                            A Bill
 Regular Session, 2023                                                                  HOUSE BILL 1080
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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 DEPARTMENT OF HEALTH -
                 TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE
                 FISCAL YEAR ENDING JUNE 30, 2024; AND FOR OTHER
                 PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF HEALTH -
                           TOBACCO PREVENTION AND CESSATION PROGRAMS
                           APPROPRIATION FOR THE 2023-2024 FISCAL
                           YEAR.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION
 PROGRAMS.       There is hereby established for the Department of Health - Tobacco
 Prevention and Cessation for the 2023-2024 fiscal year, the following maximum
 number of regular employees.
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                                                                                      Maximum Annual
                                                                    Maximum              Salary Rate
  Item    Class                                                      No. of              Fiscal Year
   No.    Code       Title                                        Employees                     2023-2024
   (1)    L038C REGISTERED NURSE                                            14              GRADE MP01
   (2)    L013C ADH BRANCH MANAGER                                            1             GRADE GS11
   (3)    L025C ADH PUBLIC HEALTH SECTION CHIEF III                           1             GRADE GS10
   (4)    L029C ADH PUBLIC HEALTH SECTION CHIEF II                            1             GRADE GS09
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   (5)   L028C EPIDEMIOLOGIST                            1         GRADE GS09
   (6)   L043C HEALTH PROGRAM SPECIALIST III             1         GRADE GS08
   (7)   L048C HEALTH PROGRAM SPECIALIST II              1         GRADE GS07
   (8)   L039C NUTRITIONIST                              1         GRADE GS07
   (9)   P013C PUBLIC INFORMATION COORDINATOR            1         GRADE GS07
  (10)   G180C GRANTS ANALYST                            1         GRADE GS06
  (11)   L053C HEALTH PROGRAM SPECIALIST I               6         GRADE GS06
  (12)   C056C ADMINISTRATIVE SPECIALIST III             1         GRADE GS04
  (13)   C073C ADMINISTRATIVE SPECIALIST II              1         GRADE GS03
         MAX. NO. OF EMPLOYEES                          31
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         SECTION 2. EXTRA HELP - TOBACCO PREVENTION AND CESSATION PROGRAMS.
 There is hereby authorized, for the Department of Health - Tobacco Prevention
 and Cessation Programs for the 2023-2024 fiscal year, the following maximum
 number of part-time or temporary employees, to be known as "Extra Help",
 payable from funds appropriated herein for such purposes:    four (4) temporary
 or part-time employees, when needed, at rates of pay not to exceed those
 provided in the Uniform Classification and Compensation Act, or its
 successor, or this act for the appropriate classification.
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         SECTION 3. APPROPRIATION - TOBACCO PREVENTION AND CESSATION PROGRAMS.
 There is hereby appropriated, to the Department of Health, to be payable from
 the Prevention and Cessation Program Account, for personal services and
 operating expenses of the Department of Health - Tobacco Prevention and
 Cessation Programs for the fiscal year ending June 30, 2024, the following:
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 ITEM                                                             FISCAL YEAR
  NO.                                                               2023-2024
 (01)    REGULAR SALARIES                                          $1,648,808
 (02)    EXTRA HELP                                                     50,000
 (03)    PERSONAL SERVICES MATCHING                                    563,277
 (04)    MAINT. & GEN. OPERATION
         (A) OPER. EXPENSE                                             185,000
         (B) CONF. & TRAVEL                                             25,000
         (C) PROF. FEES                                             2,278,900
         (D) CAP. OUTLAY                                                      0
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        (E) DATA PROC.                                                          0
 (05)   TOBACCO PREVENTION & CESSATION EXP                              9,221,071
 (06)   EXP. NUTRITION & PHYSICAL ACTIVITY                                603,629
        TOTAL AMOUNT APPROPRIATED                                   $14,575,685
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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
 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, 2022
 2023 through June 30, 2023 2024.
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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.        TRANSFERS
 OF APPROPRIATIONS.      In the event the amount of any of the budget
 classifications of maintenance and general operation in this act are found by
 the administrative head of the agency to be inadequate, then the agency head
 may request, upon forms provided for such purpose by the Chief Fiscal Officer
 of the State, a modification of the amounts of the budget classification. In
 that event, he shall set out on the forms the particular classifications for
 which he is requesting an increase or decrease, the amounts thereof, and his
 reasons therefor. In no event shall the total amount of the budget exceed
 either the amount of the appropriation or the amount of the funds available,
 nor shall any transfer be made from the capital outlay or data processing
 subclassifications unless specific authority for such transfers is provided
 by law, except for transfers from capital outlay to data processing when
 determined by the Department of Transformation & Shared Services - Division
 of Information Systems that data processing services for a state agency can
 be performed on a more cost-efficient basis by the Department of
 Transformation & Shared Services - Division of Information Systems than
 through the purchase of data processing equipment by that state agency. In
 considering the proposed modification as prepared and submitted by each state
 agency, the Chief Fiscal Officer of the State shall make such studies as he
 deems necessary. The Chief Fiscal Officer of the State shall, after obtaining
 the approval of the Legislative Council, approve the requested transfer if in
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 his opinion it is in the best interest of the state.
   The General Assembly has determined that the agency in this act could be
 operated more efficiently if some flexibility is given to that agency and
 that flexibility is being accomplished by providing authority to transfer
 between certain items of appropriation made by this act. Since the General
 Assembly has granted the agency 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 in the utilization of the transfer
 authority. Therefore, the requirement of approval by the Legislative Council
 is not a severable part of this section. If the requirement of approval by
 the Legislative Council 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, 2022
 2023 through June 30, 2023 2024.
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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.
 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
 Services Contract paid from the proceeds of the Tobacco Settlement.
   The provisions of this section shall be in effect only from July 1, 2022
 2023 through June 30, 2023 2024.
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      SECTION 7. SPECIAL LANGUAGE —       CODE AMENDMENT.   Arkansas Code Title 21,
 Chapter 8, Subchapter 1, is amended to add an additional section to codify
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 special language in appropriation acts to read as follows:
          21-8-104.   Tobacco prevention or reduction advertising prohibited for
 elected officials and their immediate families.
          An advertising or advertisement targeting the prevention or reduction
 of tobacco use shall not include the name, voice, or likeness of any elected
 official or his or her immediate family.
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          SECTION 8. SPECIAL LANGUAGE.    NOT TO BE INCORPORATED INTO THE ARKANSAS
 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO
 FUND TRANSFER. The Arkansas Department of Health is authorized to transfer
 five hundred thousand dollars ($500,000) for the fiscal year ending June 30,
 2023 2024 from the Prevention and Cessation Program Account to the Breast
 Cancer Control Fund in order to provide for the State's matching share for
 Medicaid services provided for breast and cervical cancer screening and
 treatment. The amount transferred annually shall be the only obligation of
 the Arkansas Department of Health for state match for these services.
   The provisions of this section shall be in effect only from July 1, 2022
 2023 through June 30, 2023 2024.
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          SECTION 9. 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.
   The provisions of this section shall be in effect only from July 1, 2022
 2023 through June 30, 2023 2024.
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          SECTION 10. 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
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 disbursed under the authority of the appropriation 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.
   The provisions of this section shall be in effect only from July 1, 2022
 2023 through June 30, 2023 2024.
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      SECTION 11. 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, 2023 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, 2023 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, 2023.
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                               APPROVED: 3/16/23
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