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State of Arkansas 1
95th General Assembly A Bill 2
Fiscal Session, 2026 HOUSE BILL 1035 3
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By: Joint Budget Committee 5
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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, 2027; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
AN ACT FOR THE DEPARTMENT OF HEALTH - 17
TOBACCO PREVENTION AND CESSATION PROGRAMS 18
APPROPRIATION FOR THE 2026-2027 FISCAL 19
YEAR. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. REGULAR SALARIES - TOBACCO PREVENTION AND CESSATION 25
PROGRAMS. There is hereby established for the Department of Health - Tobacco 26
Prevention and Cessation for the 2026-2027 fiscal year, the following maximum 27
number of regular employees. 28
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Maximum Annual 30
Maximum Salary Rate 31
Item Class No. of Fiscal Year 32
No. Code Title Employees 2026-2027 33
(1) PHP03C HEALTH BRANCH MANAGER 1 GRADE SPC04 34
(2) SEP01P EPIDEMIOLOGIST 1 GRADE SPC04 35
(3) PHP09C PUBLIC HEALTH SECTION CHIEF 1 GRADE SPC03 36
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(4) PHS08P HEALTH PROGRAM SUPERVISOR/EXPERT 1 GRADE SGS08 1
(5) IEH01P ENVIRONMENTAL HEALTH INSPECTOR I 1 GRADE SGS07 2
(6) PHS05P HEALTH PROGRAM COORDINATOR 2 GRADE SGS07 3
(7) CPR05P PUBLIC INFORMATION COORDINATOR 1 GRADE SGS07 4
(8) PHS07P HEALTH PROGRAM SPECIALIST 5 GRADE SGS06 5
(9) SCM11P SUICIDE PREVENTION SPECIALIST 1 GRADE SGS06 6
(10) PAS02P ADMINISTRATIVE COORDINATOR 1 GRADE SGS04 7
(11) FGM01P GRANTS ANALYST 1 GRADE SGS04 8
(12) PAS03P ADMINISTRATIVE SPECIALIST 1 GRADE SGS02 9
(13) MNU06P REGISTERED NURSE 14 GRADE MED05 10
MAX. NO. OF EMPLOYEES 31 11
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SECTION 2. EXTRA HELP - TOBACCO PREVENTION AND CESSATION PROGRAMS. 13
There is hereby authorized, for the Department of Health - Tobacco Prevention 14
and Cessation Programs for the 2026-2027 fiscal year, the following maximum 15
number of part-time or temporary employees, to be known as "Extra Help", 16
payable from funds appropriated herein for such purposes: four (4) temporary 17
or part-time employees, when needed, at rates of pay not to exceed those 18
provided in the Uniform Classification and Compensation Act, or its 19
successor, or this act for the appropriate classification. 20
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SECTION 3. APPROPRIATION - TOBACCO PREVENTION AND CESSATION PROGRAMS. 22
There is hereby appropriated, to the Department of Health, to be payable from 23
the Prevention and Cessation Program Account, for personal services and 24
operating expenses of the Department of Health - Tobacco Prevention and 25
Cessation Programs for the fiscal year ending June 30, 2027, the following: 26
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ITEM FISCAL YEAR 28
NO. 2026-2027 29
(01) REGULAR SALARIES $1,737,683 30
(02) EXTRA HELP 50,000 31
(03) PERSONAL SERVICES MATCHING 600,972 32
(04) MAINT. & GEN. OPERATION 33
(A) OPER. EXPENSE 185,000 34
(B) CONF. & TRAVEL 25,000 35
(C) PROF. FEES 2,278,900 36
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(D) CAP. OUTLAY 0 1
(E) DATA PROC. 0 2
(05) TOBACCO PREVENTION & CESSATION EXP 9,221,071 3
(06) EXP. NUTRITION & PHYSICAL ACTIVITY 603,629 4
TOTAL AMOUNT APPROPRIATED $14,702,255 5
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SECTION 4. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 7
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 8
RESTRICTIONS. The appropriations provided in this act shall not be 9
transferred under the provisions of Arkansas Code 19-4-513, but only as 10
provided by this act. 11
The provisions of this section shall be in effect only from July 1, 2025 12
2026 through June 30, 2026 2027. 13
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SECTION 5. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 15
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFERS 16
OF APPROPRIATIONS. In the event the amount of any of the budget 17
classifications of maintenance and general operation in this act are found by 18
the administrative head of the agency to be inadequate, then the agency head 19
may request, upon forms provided for such purpose by the Chief Fiscal Officer 20
of the State, a modification of the amounts of the budget classification. In 21
that event, he shall set out on the forms the particular classifications for 22
which he is requesting an increase or decrease, the amounts thereof, and his 23
reasons therefor. In no event shall the total amount of the budget exceed 24
either the amount of the appropriation or the amount of the funds available, 25
nor shall any transfer be made from the capital outlay or data processing 26
subclassifications unless specific authority for such transfers is provided 27
by law, except for transfers from capital outlay to data processing when 28
determined by the Department of Shared Administrative Services - Office of 29
State Technology that data processing services for a state agency can be 30
performed on a more cost-efficient basis by the Department of Shared 31
Administrative Services - Office of State Technology than through the 32
purchase of data processing equipment by that state agency. In considering 33
the proposed modification as prepared and submitted by each state agency, the 34
Chief Fiscal Officer of the State shall make such studies as he deems 35
necessary. The Chief Fiscal Officer of the State shall, after obtaining the 36
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approval of the Legislative Council, approve the requested transfer if in his 1
opinion it is in the best interest of the state. 2
The General Assembly has determined that the agency in this act could be 3
operated more efficiently if some flexibility is given to that agency and 4
that flexibility is being accomplished by providing authority to transfer 5
between certain items of appropriation made by this act. Since the General 6
Assembly has granted the agency broad powers under the transfer of 7
appropriations, it is both necessary and appropriate that the General 8
Assembly maintain oversight of the utilization of the transfers by requiring 9
prior approval of the Legislative Council in the utilization of the transfer 10
authority. Therefore, the requirement of approval by the Legislative Council 11
is not a severable part of this section. If the requirement of approval by 12
the Legislative Council is ruled unconstitutional by a court of competent 13
jurisdiction, this entire section is void. 14
The provisions of this section shall be in effect only from July 1, 2025 15
2026 through June 30, 2026 2027. 16
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SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 18
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 19
POSITIONS. (a) Nothing in this act shall be construed as a commitment of the 20
State of Arkansas or any of its agencies or institutions to continue funding 21
any position paid from the proceeds of the Tobacco Settlement in the event 22
that Tobacco Settlement funds are not sufficient to finance the position. 23
(b) State funds will not be used to replace Tobacco Settlement funds when 24
such funds expire, unless appropriated by the General Assembly and authorized 25
by the Governor. 26
(c) A disclosure of the language contained in (a) and (b) of this Section 27
shall be made available to all new hire and current positions paid from the 28
proceeds of the Tobacco Settlement by the Tobacco Settlement Commission. 29
(d) Whenever applicable the information contained in (a) and (b) of this 30
section shall be included in the employee handbook and/or Professional 31
Services Contract paid from the proceeds of the Tobacco Settlement. 32
The provisions of this section shall be in effect only from July 1, 2025 33
2026 through June 30, 2026 2027. 34
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SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 36
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CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TOBACCO 1
FUND TRANSFER. The Arkansas Department of Health is authorized to transfer 2
five hundred thousand dollars ($500,000) for the fiscal year ending June 30, 3
2026 2027 from the Prevention and Cessation Program Account to the Breast 4
Cancer Control Fund in order to provide for the State's matching share for 5
Medicaid services provided for breast and cervical cancer screening and 6
treatment. The amount transferred annually shall be the only obligation of 7
the Arkansas Department of Health for state match for these services. 8
The provisions of this section shall be in effect only from July 1, 2025 9
2026 through June 30, 2026 2027. 10
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SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 12
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 13
COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized by this act 14
shall be limited to the appropriation for such agency and funds made 15
available by law for the support of such appropriations; and the restrictions 16
of the State Purchasing Law, the General Accounting and Budgetary Procedures 17
Law, the Regular Salary Procedures and Restrictions Act, or their successors, 18
and other fiscal control laws of this State, where applicable, and 19
regulations promulgated by the Department of Finance and Administration, as 20
authorized by law, shall be strictly complied with in disbursement of said 21
funds. 22
The provisions of this section shall be in effect only from July 1, 2025 23
2026 through June 30, 2026 2027. 24
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SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 26
CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 27
LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds 28
disbursed under the authority of the appropriation contained in this act 29
shall be in compliance with the stated reasons for which this act was 30
adopted, as evidenced by Initiated Act 1 of 2000, the Agency Requests, 31
Executive Recommendations and Legislative Recommendations contained in the 32
budget manuals prepared by the Department of Finance and Administration, 33
letters, or summarized oral testimony in the official minutes of the Arkansas 34
Legislative Council or Joint Budget Committee which relate to its passage and 35
adoption. 36
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The provisions of this section shall be in effect only from July 1, 2025 1
2026 through June 30, 2026 2027. 2
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SECTION 10. EMERGENCY CLAUSE. It is found and determined by the 4
General Assembly, that the Constitution of the State of Arkansas prohibits 5
the appropriation of funds for more than a one (1) year period; that the 6
effectiveness of this Act on July 1, 2026 is essential to the operation of 7
the agency for which the appropriations in this Act are provided, and that in 8
the event of an extension of the legislative session, the delay in the 9
effective date of this Act beyond July 1, 2026 could work irreparable harm 10
upon the proper administration and provision of essential governmental 11
programs. Therefore, an emergency is hereby declared to exist and this Act 12
being necessary for the immediate preservation of the public peace, health 13
and safety shall be in full force and effect from and after July 1, 2026. 14
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