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Arkansas General Assembly· HB 1152Notification that HB1152 is now Act 544

An act TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES 10 AND OPERATING EXPENSES FOR THE DEPARTMENT OF 11 EDUCATION - DIVISION OF PUBLIC SCHOOL ACADEMIC 12 FACILITIES AND TRANSPORTATION FOR THE FISCAL YEAR 13 ENDING JUNE , the official text

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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 1152

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

11  EDUCATION - DIVISION OF PUBLIC SCHOOL ACADEMIC

12  FACILITIES AND TRANSPORTATION FOR THE FISCAL YEAR

13  ENDING JUNE 30, 2026; AND FOR OTHER PURPOSES.

14

15

16                              Subtitle

17                       AN ACT FOR THE DEPARTMENT OF EDUCATION -

18                       DIVISION OF PUBLIC SCHOOL ACADEMIC

19                       FACILITIES AND TRANSPORTATION

20                       APPROPRIATION FOR THE 2025-2026 FISCAL

21                       YEAR.

22

23

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

25

26  SECTION 1. REGULAR SALARIES - OPERATIONS. There is hereby established

27 for the Department of Education - Division of Public School Academic

28 Facilities and Transportation for the 2025-2026 fiscal year, the following

29 maximum number of regular employees.

30

31                                                                  Maximum Annual

32                                                      Maximum     Salary Rate

33 Item Class                                           No. of      Fiscal Year

34  No. Code Title                              Employees           2025-2026

35  (1) N015N ADE DIR PUB SCHOOL FACIL & TRANS                   1  GRADE SE01

36  (2) N046N ADE ASST DIR ACADEMIC FACILITIES                   1  GRADE GS14

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1   (3) G051C ADE ACADEMIC FACIL SR PROJECT ADMIN    2         GRADE GS10

2   (4) G075C ADE PROGRAM ADMINISTRATOR              1         GRADE GS10

3   (5) E016C PUBLIC SCHOOL PROGRAM COORDINATOR      1         GRADE GS10

4   (6) G090C ADE AREA PROJECT MANAGER               12        GRADE GS09

5   (7) G039C SENIOR TRANSPORTATION MANAGER          1         GRADE GS09

6   (8) C037C ADMINISTRATIVE ANALYST                 1         GRADE GS06

7   (9) A074C FISCAL SUPPORT SUPERVISOR              1         GRADE GS06

8 (10) S028C SCHOOL BUS DRIVER TRAINER               3         GRADE GS05

9 (11) X116C SCHOOL BUS TRANS INSPECTOR              6         GRADE GS05

10 (12) C056C ADMINISTRATIVE SPECIALIST III          1         GRADE GS04

11 (13) C073C ADMINISTRATIVE SPECIALIST II           1         GRADE GS03

12       MAX. NO. OF EMPLOYEES                       32

13

14       SECTION 2. EXTRA HELP - OPERATIONS. There is hereby authorized, for

15 the Department of Education - Division of Public School Academic Facilities

16 and Transportation for the 2025-2026 fiscal year, the following maximum

17 number of part-time or temporary employees, to be known as "Extra Help",

18 payable from funds appropriated herein for such purposes: five (5) temporary

19 or part-time employees, when needed, at rates of pay not to exceed those

20 provided in the Uniform Classification and Compensation Act, or its

21 successor, or this act for the appropriate classification.

22

23       SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated,

24 to the Department of Education, to be payable from the Division of Public

25 School Academic Facilities and Transportation Fund Account, for personal

26 services and operating expenses of the Department of Education - Division of

27 Public School Academic Facilities and Transportation - Operations for the

28 fiscal year ending June 30, 2026, the following:

29

30 ITEM                                                        FISCAL YEAR

31 NO.                                                         2025-2026

32 (01) REGULAR SALARIES                                       $1,824,466

33 (02) EXTRA HELP                                                      2,500

34 (03) PERSONAL SERVICES MATCHING                                      684,412

35 (04) MAINT. & GEN. OPERATION

36       (A) OPER. EXPENSE                                              319,311

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1        (B) CONF. & TRAVEL                                              24,650

2        (C) PROF. FEES                                                       0

3        (D) CAP. OUTLAY                                                      0

4        (E) DATA PROC.                                                       0

5 (05) SAFETY TRAINING                       207,500

6        TOTAL AMOUNT APPROPRIATED           $3,062,839

7

8        SECTION 4. APPROPRIATION - PROGRAMS OF THE DIVISION OF PUBLIC SCHOOL

9 ACADEMIC FACILITIES AND TRANSPORTATION. There is hereby appropriated, to the

10 Department of Education, to be payable from the Educational Facilities

11 Partnership Fund Account, for grants and aid and special programs providing

12 academic school facility and transportation assistance to the public school

13 districts of the Department of Education - Division of Public School Academic

14 Facilities and Transportation for the fiscal year ending June 30, 2026, the

15 following:

16

17 ITEM                                      FISCAL YEAR

18 NO.                                       2025-2026

19 (01) ACADEMIC FACILITIES PARTNERSHIP      $211,828,951

20 (02) ACADEMIC EQUIPMENT                                                    0

21 (03) ACADEMIC FACILITIES CATASTROPHIC     3,511,538

22 (04) ACADEMIC FACILITIES EXTRAORDINARY

23       CIRCUMSTANCES PROGRAM                                                0

24 (05) ACADEMIC FACILITIES HIGH GROWTH                                       0

25       TOTAL AMOUNT APPROPRIATED           $215,340,489

26

27 SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE

28 NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER

29 AUTHORITY - OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL FACILITIES LOAN PROGRAM.

30 The Department of Education - Division of Public School Academic Facilities

31 and Transportation is authorized to transfer any funds that are made

32 available for the Open-Enrollment Public Charter School Facilities Loan

33 Program, including funds from the Development and Enhancement Fund or its

34 successor fund or fund accounts, to the Open-Enrollment Public Charter School

35 Facilities Loan Fund.

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

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1 2025 through June 30 2025 2026.

2

3   SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE

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

5 TRANSFER AUTHORITY. The Director of the Department of Education � Division of

6 Public School Academic Facilities and Transportation, with the approval of

7 the Chief Fiscal Officer of the State and after approval by the Arkansas

8 Legislative Council or Joint Budget Committee, is hereby authorized to

9 request necessary appropriation transfers and any other budget related

10 adjustments necessary only for the appropriations authorized in this Act.

11 Furthermore, it is the intent of the General Assembly that the Department of

12 Education - Division of Public School Academic Facilities and Transportation

13 be able to make use of additional contractual services as necessary and that

14 transfers between line items and among appropriations are anticipated to

15 accomplish those purposes. Provided, however, that the Department of

16 Education - Division of Public School Academic Facilities and Transportation

17 shall be limited to submitting no more than two transfer requests during any

18 fiscal year.

19  Determining the maximum number of employees and the maximum amount of

20 appropriation and general revenue funding for a state agency each fiscal year

21 is the prerogative of the General Assembly. This is usually accomplished by

22 delineating such maximums in the appropriation act(s) for a state agency and

23 the general revenue allocations authorized for each fund and fund account by

24 amendment to the Revenue Stabilization law. Further, the General Assembly

25 has determined that the Department of Education � Division of Public School

26 Academic Facilities and Transportation may operate more efficiently if some

27 flexibility is provided to the Director of the Department of Education �

28 Division of Public School Academic Facilities and Transportation authorizing

29 broad powers under the Transfer Authority provision herein. Therefore, it is

30 both necessary and appropriate that the General Assembly maintain oversight

31 by requiring prior approval of the Legislative Council or Joint Budget

32 Committee as provided by this section. The requirement of approval by the

33 Legislative Council or Joint Budget Committee is not a severable part of this

34 section. If the requirement of approval by the Legislative Council or Joint

35 Budget Committee is ruled unconstitutional by a court of competent

36 jurisdiction, this entire section is void.

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

2 2025 through June 30, 2025 2026.

3

4   SECTION 7. COMPLIANCE WITH OTHER LAWS. Disbursement of funds

5 authorized by this act shall be limited to the appropriation for such agency

6 and funds made available by law for the support of such appropriations; and

7 the restrictions of the State Procurement Law, the General Accounting and

8 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary

9 Procedures and Restrictions Act, or their successors, and other fiscal

10 control laws of this State, where applicable, and regulations promulgated by

11 the Department of Finance and Administration, as authorized by law, shall be

12 strictly complied with in disbursement of said funds.

13

14  SECTION 8. LEGISLATIVE INTENT. It is the intent of the General

15 Assembly that any funds disbursed under the authority of the appropriations

16 contained in this act shall be in compliance with the stated reasons for

17 which this act was adopted, as evidenced by the Agency Requests, Executive

18 Recommendations and Legislative Recommendations contained in the budget

19 manuals prepared by the Department of Finance and Administration, letters, or

20 summarized oral testimony in the official minutes of the Arkansas Legislative

21 Council or Joint Budget Committee which relate to its passage and adoption.

22

23  SECTION 9. EMERGENCY CLAUSE. It is found and determined by the General

24 Assembly, that the Constitution of the State of Arkansas prohibits the

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

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

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

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

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

30 upon the proper administration and provision of essential governmental

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

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

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

34

35

36

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