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Arkansas General Assembly· HB 1094Notification that HB1094 is now Act 494

An act TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 10 AND OPERATING EXPENSES FOR THE DEPARTMENT OF HEALTH - 11 TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE 12 FISCAL YEAR ENDING JUNE 30, 2026, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                    A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1094

4

5 By: Joint Budget Committee

6

7

8                             For An Act To Be Entitled

9   AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES

10  AND OPERATING EXPENSES FOR THE DEPARTMENT OF HEALTH -

11  TOBACCO PREVENTION AND CESSATION PROGRAMS FOR THE

12  FISCAL YEAR ENDING JUNE 30, 2026; AND FOR OTHER

13  PURPOSES.

14

15

16                                     Subtitle

17                       AN ACT FOR THE DEPARTMENT OF HEALTH -

18                       TOBACCO PREVENTION AND CESSATION

19                       PROGRAMS APPROPRIATION FOR THE 2025-2026

20                       FISCAL YEAR.

21

22

23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

24

25  SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION

26 PROGRAMS. There is hereby established for the Department of Health Tobacco

27 Prevention and Cessation for the 2025-2026 fiscal year, the following maximum

28 number of regular employees.

29

30                                                                 Maximum Annual

31                                               Maximum           Salary Rate

32 Item Class                                      No. of          Fiscal Year

33  No. Code Title                               Employees          2025-2026

34  (1) L038C REGISTERED NURSE                             14       GRADE MP01

35  (2) L013C ADH BRANCH MANAGER                           1        GRADE GS11

36  (3) L025C ADH PUBLIC HEALTH SECTION CHIEF III          1        GRADE GS10

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1   (4) L029C ADH PUBLIC HEALTH SECTION CHIEF II  1            GRADE GS09

2   (5) L028C EPIDEMIOLOGIST                      1            GRADE GS09

3   (6) L113C ADH SUICIDE PREV CALL CENTER SPEC   1            GRADE GS08

4   (7) L043C HEALTH PROGRAM SPECIALIST III       1            GRADE GS08

5   (8) L048C HEALTH PROGRAM SPECIALIST II        1            GRADE GS07

6   (9) L039C NUTRITIONIST                        1            GRADE GS07

7 (10) P013C PUBLIC INFORMATION COORDINATOR       1            GRADE GS07

8 (11) X102C ENVIRONMENTAL HEALTH SPECIALIST      1            GRADE GS06

9 (12) G180C GRANTS ANALYST                       1            GRADE GS06

10 (13) L053C HEALTH PROGRAM SPECIALIST I         4            GRADE GS06

11 (14) C056C ADMINISTRATIVE SPECIALIST III       1            GRADE GS04

12 (15) C073C ADMINISTRATIVE SPECIALIST II        1            GRADE GS03

13       MAX. NO. OF EMPLOYEES                    31

14

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 2025-2026 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.

23

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, 2026, the following:

29

30 ITEM                                                        FISCAL YEAR

31 NO.                                                         2025-2026

32 (01) REGULAR SALARIES                                       $1,733,483

33 (02) EXTRA HELP                                                      50,000

34 (03) PERSONAL SERVICES MATCHING                                      600,006

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              $14,697,089

8

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, 2024

15 2025 through June 30, 2025 2026.

16

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, 2024

18 2025 through June 30, 2025 2026.

19

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, 2024

36 2025 through June 30, 2025 2026.

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1

2          SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

3 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO

4 FUND TRANSFER. The Arkansas Department of Health is authorized to transfer

5 five hundred thousand dollars ($500,000) for the fiscal year ending June 30,

6 2025 2026 from the Prevention and Cessation Program Account to the Breast

7 Cancer Control Fund in order to provide for the State's matching share for

8 Medicaid services provided for breast and cervical cancer screening and

9 treatment. The amount transferred annually shall be the only obligation of

10 the Arkansas Department of Health for state match for these services.

11  The provisions of this section shall be in effect only from July 1, 2024

12 2025 through June 30, 2025 2026.

13

14         SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

15 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

16 COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act

17 shall be limited to the appropriation for such agency and funds made

18 available by law for the support of such appropriations; and the restrictions

19 of the State Purchasing Law, the General Accounting and Budgetary Procedures

20 Law, the Regular Salary Procedures and Restrictions Act, or their successors,

21 and other fiscal control laws of this State, where applicable, and

22 regulations promulgated by the Department of Finance and Administration, as

23 authorized by law, shall be strictly complied with in disbursement of said

24 funds.

25  The provisions of this section shall be in effect only from July 1, 2024

26 2025 through June 30, 2025 2026.

27

28         SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

29 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

30 LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds

31 disbursed under the authority of the appropriation contained in this act

32 shall be in compliance with the stated reasons for which this act was

33 adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests,

34 Executive Recommendations and Legislative Recommendations contained in the

35 budget manuals prepared by the Department of Finance and Administration,

36 letters, or summarized oral testimony in the official minutes of the Arkansas

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1 Legislative Council or Joint Budget Committee which relate to its passage and

2 adoption.

3   The provisions of this section shall be in effect only from July 1, 2024

4 2025 through June 30, 2025 2026.

5

6   SECTION 10. EMERGENCY CLAUSE. It is found and determined by the

7 General Assembly, that the Constitution of the State of Arkansas prohibits

8 the appropriation of funds for more than a one (1) year period; that the

9 effectiveness of this Act on July 1, 2025 is essential to the operation of

10 the agency for which the appropriations in this Act are provided, and that in

11 the event of an extension of the legislative session, the delay in the

12 effective date of this Act beyond July 1, 2025 could work irreparable harm

13 upon the proper administration and provision of essential governmental

14 programs. Therefore, an emergency is hereby declared to exist and this Act

15 being necessary for the immediate preservation of the public peace, health

16 and safety shall be in full force and effect from and after July 1, 2025.

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