HB 1093

Stricken language would be deleted from and underlined language would be added to present law.
  Act 173 of the Fiscal Session
1 State of Arkansas
2 95th General Assembly  A Bill
3 Fiscal Session, 2026  HOUSE BILL 1093
4
5 By: Joint Budget Committee
6
7
8For An Act To Be Entitled
9AN ACT TO REAPPROPRIATE THE BALANCES OF CAPITAL
10IMPROVEMENT APPROPRIATIONS FOR THE DEPARTMENT OF
11CORRECTIONS - DIVISION OF CORRECTION; AND FOR OTHER
12PURPOSES.
13
14
15Subtitle
16AN ACT FOR THE DEPARTMENT OF CORRECTIONS
17- DIVISION OF CORRECTION
18REAPPROPRIATION.
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20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23SECTION 1. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS.  There is
24 hereby appropriated, to the Department of Corrections, to be payable from the
25 Development and Enhancement Fund, for the Department of Corrections -
26 Division of Correction the following:
27(A)    Effective July 1, 2026, the balance of the appropriation provided
28 in Item (A) of Section 1 of Act 95 of 2025, for costs associated with prison
29 expansion, in a sum not to exceed ...............................$73,790,755.
30(B)    Effective July 1, 2026, the balance of the appropriation provided
31 in Item (B) of Section 1 of Act 95 of 2025, for personal services and
32 operating expenses of the Division of Correction - Female Work Release - Pine
33 Bluff, in a sum not to exceed ............................................$0.
34(C)    Effective July 1, 2026, the balance of the appropriation provided
35 in Item (C) of Section 1 of Act 95 of 2025, for maintenance, replacement,
36 repair, expansion, construction, equipping, renovation, purchase, improvement
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1 and upgrade of existing facilities of the Division of Correction, in a sum
2 not to exceed ......................................................$366,734.
3      (D)     Effective July 1, 2026, the balance of the appropriation provided
4 in Item (E) of Section 1 of Act 95 of 2025, for replacement of the existing
5 Water Treatment Plant at the Tucker Unit, in a sum not to exceed ....$80,469.
6
7      SECTION 2. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - CASH.
8 There is hereby appropriated, to the Department of Corrections, to be payable
9 from the cash fund deposited in the State Treasury as determined by the Chief
10 Fiscal Officer of the State, for the Department of Corrections - Division of
11 Correction the following:
12      (A)     Effective July 1, 2026, the balance of the appropriation provided
13 in Item (A) of Section 1 of Act 339 of 2025, for the Camera Project at the
14 Wrightsville Unit, in a sum not to exceed ........................$3,800,000.
15      (B)     Effective July 1, 2026, the balance of the appropriation provided
16 in Item (B) of Section 1 of Act 339 of 2025, for the Flooring Project at the
17 McPherson Unit, in a sum not to exceed .............................$300,000.
18
19      SECTION 3. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - VARIOUS
20 INDUSTRY PROJECTS.    There is hereby appropriated, to the Department of
21 Corrections, to be payable from the Division of Correction Prison Industry
22 Fund, for the Department of Corrections - Division of Correction the
23 following:
24      (A)     Effective July 1, 2026, the balance of the appropriation provided
25 in Item (A) of Section 3 of Act 95 of 2025, for various industry projects, in
26 a sum not to exceed ..............................................$1,000,000.
27      (B)     Effective July 1, 2026, the balance of the appropriation provided
28 in Item (B) of Section 3 of Act 95 of 2025, for maintenance, replacement,
29 repair, expansion, construction, equipping, renovation, purchase,
30 improvement, and upgrade of the Department of Corrections - Various Industry
31 Projects, in a sum not to exceed ...................................$126,645.
32      (C)     Effective July 1, 2026, the balance of the appropriation provided
33 in Item (C) of Section 3 of Act 95 of 2025, for maintenance, replacement,
34 repair, expansion, construction, equipping, renovation, purchase, improvement
35 and upgrade of the Division of Correction - Various Industry Projects, in a
36 sum not to exceed ....................................................$6,312.
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1
2      SECTION 4. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS - VARIOUS
3 FARM PROJECTS.   There is hereby appropriated, to the Department of
4 Corrections, to be payable from the Division of Correction Farm Fund, for the
5 Department of Corrections - Division of Correction the following:
6      (A)   Effective July 1, 2026, the balance of the appropriation provided
7 in Item (A) of Section 4 of Act 95 of 2025, for various farm projects, in a
8 sum not to exceed ................................................$1,000,000.
9      (B)   Effective July 1, 2026, the balance of the appropriation provided
10 in Item (B) of Section 4 of Act 95 of 2025, for maintenance, replacement,
11 repair, expansion, construction, equipping, renovation, purchase,
12 improvement, and upgrade of the Division of Correction - Various Farm
13 Projects, in a sum not to exceed ...................................$140,534.
14
15      SECTION 5. SPECIAL LANGUAGE.   NOT TO BE INCORPORATED INTO THE ARKANSAS
16 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND USAGE
17 RESTRICTIONS. The Department of Corrections shall use funds reappropriated in
18 Section 1(A) for the purpose of creating capacity, including expansion of
19 recidivism reduction programs, infrastructure improvements, capital
20 improvements, and the addition of bed space to relieve county jails of state
21 inmates. The department shall not spend any funds reappropriated in Section
22 1(A) for the purpose of constructing a prison in Franklin County, Arkansas.
23      The provisions of the section shall be in effect only from July 1,
24 2026, through June 30, 2027.
25
26      SECTION 6. DISBURSEMENT CONTROLS. (A)   No contract may be awarded nor
27 obligations otherwise incurred in relation to the project or projects
28 described herein in excess of the State Treasury funds actually available
29 therefor as provided by law.   Provided, however, that institutions and
30 agencies listed herein shall have the authority to accept and use grants and
31 donations including Federal funds, and to use its unobligated cash income or
32 funds, or both available to it, for the purpose of supplementing the State
33 Treasury funds for financing the entire costs of the project or projects
34 enumerated herein.   Provided further, that the appropriations and funds
35 otherwise provided by the General Assembly for Maintenance and General
36 Operations of the agency or institutions receiving appropriation herein shall
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1 not be used for any of the purposes as appropriated in this act.
2      (B) The restrictions of any applicable provisions of the State
3 Purchasing Law, the General Accounting and Budgetary Procedures Law, the
4 Revenue Stabilization Law and any other applicable fiscal control laws of
5 this State and regulations promulgated by the Department of Finance and
6 Administration, as authorized by law, shall be strictly complied with in
7 disbursement of any funds provided by this act unless specifically provided
8 otherwise by law.
9
10      SECTION 7. LEGISLATIVE INTENT.   It is the intent of the General
11 Assembly that any funds disbursed under the authority of the appropriations
12 contained in this act shall be in compliance with the stated reasons for
13 which this act was adopted, as evidenced by the Agency Requests, Executive
14 Recommendations and Legislative Recommendations contained in the budget
15 manuals prepared by the Department of Finance and Administration, letters, or
16 summarized oral testimony in the official minutes of the Arkansas Legislative
17 Council or Joint Budget Committee which relate to its passage and adoption.
18
19      SECTION 8. EMERGENCY CLAUSE.   It is found and determined by the General
20 Assembly, that the Constitution of the State of Arkansas prohibits the
21 appropriation of funds for more than a one (1) year period; that the
22 effectiveness of this Act on July 1, 2026 is essential to the operation of
23 the agency for which the appropriations in this Act are provided, and that in
24 the event of an extension of the legislative session, the delay in the
25 effective date of this Act beyond July 1, 2026 could work irreparable harm
26 upon the proper administration and provision of essential governmental
27 programs. Therefore, an emergency is hereby declared to exist and this Act
28 being necessary for the immediate preservation of the public peace, health
29 and safety shall be in full force and effect from and after July 1, 2026.
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32APPROVED: 5/1/26
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