Huckabee illegal Consulate

FOI Response From Arkansas AG Dustin McDaniel Regarding AG Duties And Act 534, HB 1327 (APPROVED: 3/28/2007)

1,224 Comments

Dear Friends,

Former Attorney General mike Beebe, now Gov. Beebe, told me that the only function of the AG was to defend state government. He lied to me on 3 separate occasions a year ago regarding his responsibility and involvement in the illegal Mexican Consulate shenanigans.  AG Dustin McDaniel indicates a different response as you can see by his reply and the source document text of Act 534 of the Regular Session, HOUSE BILL 1327 as approved of the 3/28/2007 Arkansas 86th General Assembly below.

Joe Hutchinson

================================================

From: Office of Attorney General [mailto:oag@arkansasag.gov]
Sent: Tuesday, August 14, 2007 9:02 AM
To: Joe Hutchinson
Subject: Response to your inquiry

 

Mr. McCutchen,

 

I am in receipt of your letter dated July 17, 2007 and your subsequent letter dated August 10, 2007.  I write to respond.

 

First, to the extent you feel like your July 17 letter has been ignored, please be advised that this office receives many letters on a daily basis.  It takes time to review and respond to them.  Nevertheless, I apologize for the delay and now write to respond to the inquiries contained in the above-referenced letters.

 

I am enclosing for your review a copy of Act 534 of 2007.  This Act passed by the General Assembly sets forth the budget for the office of the Attorney General for the fiscal years 2007-2008 and 2008-2009.  With regard to your specific inquiry, the Act sets forth all attorney positions in this office, as well as other non-attorney positions, and the maximum annual salary for each.

 

Turning to your request for a description of my duties, the Attorney General is charged with many responsibilities under Arkansas law.  However, I would list the broad categories as follows:  1) Legal representation of most state agencies, boards and commissions; 2) advocate for consumers of the State of Arkansas with regards to issues of environment, utilities, antitrust and consumer protection; 3) provide opinions on legal issues presented by legislators, prosecutors and heads of state agencies; 4) pursue civil remedies on behalf of the Arkansas Medicaid Program for fraud and neglect; and 5) handle all criminal appeals and habeas corpus matters on behalf of the State.  Additionally, the Attorney General administers the state’s crime victims program and undertakes efforts to educate Arkansans on legal issues relevant to them and their family.

 

As I have previously indicated, in response to your concerns about the enforcement of existing immigration laws, I have no law enforcement or prosecutorial authority.  Nor do I have supervisory authority over those who do.  I share many of your concerns and frustrations with regard to this issue but I, like you, am left to raise those concerns with members of the Arkansas General Assembly, Arkansas’ congressional delegation and those with authority to enforce immigration law, which primarily falls on the shoulders of the federal government.

 

I hope the foregoing proves to be of assistance to you.

 

(Text of Act 534 of the Regular Session, HOUSE BILL 1327 as approved of the 3/28/2007 Arkansas 86th General Assembly follows.)

======================================================================================

Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 534 of the Regular Session
1 State of Arkansas
As Engrossed: H2/16/07 H2/22/07

2 86th General Assembly
A Bill

3 Regular Session, 2007

HOUSE BILL 1327
4
5 By: Joint Budget Committee
6
7
8
For An Act To Be Entitled
9
AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL
10
SERVICES AND OPERATING EXPENSES FOR THE OFFICE OF
11
ATTORNEY GENERAL FOR THE BIENNIAL PERIOD ENDING
12
JUNE 30, 2009; AND FOR OTHER PURPOSES.
13

14

15
Subtitle
16
AN ACT FOR THE OFFICE OF ATTORNEY
17
GENERAL APPROPRIATION FOR THE 2007-2009
18
BIENNIUM.
19

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. REGULAR SALARIES – OPERATIONS. There is hereby established for
24 the Office of Attorney General for the 2007-2009 biennium, the following
25 maximum number of regular employees whose salaries shall be governed by the
26 provisions of the Uniform Classification and Compensation Act (Arkansas Code
27 §§21-5-201 et seq.), or its successor, and all laws amendatory thereto.
28 Provided, however, that any position to which a specific maximum annual
29 salary is set out herein in dollars, shall be exempt from the provisions of
30 said Uniform Classification and Compensation Act. All persons occupying
31 positions authorized herein are hereby governed by the provisions of the
32 Regular Salaries Procedures and Restrictions Act (Arkansas Code §21-5-101),
33 or its successor.
34
35 Maximum Annual
*WLC038*
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 Maximum Salary Rate
2 Item Class No. of Fiscal Years
3 No. Code Title Employees 2007-2008 2008-2009
4 (1) ATTORNEY GENERAL I 2 $107,907 $110,065
5 (2) ATTORNEY GENERAL II 9 $98,627 $100,599
6 (3) ATTORNEY GENERAL III 9 $90,535 $92,345
7 (4) ATTORNEY GENERAL IV 5 $85,786 $87,501
8 (5) CHIEF FISCAL OFFICER 1 $78,280 $79,845
9 (6) ATTORNEY GENERAL V 9 $77,801 $79,357
10 (7) NETWORK ADMINISTRATOR 1 $74,572 $76,063
11 (8) ATTORNEY GENERAL VI 11 $73,377 $74,844
12 (9) COMM RELATIONS DIRECTOR 1 $70,000 $71,400
13 (10) ATTORNEY GENERAL VII 14 $68,737 $70,111
14 (11) PUBLIC INFORMATION OFFICER 1 $66,000 $67,320
15 (12) COMMUNICATIONS OFFICER 1 $61,494 $62,724
16 (13) LOGISTICS DIRECTOR 1 $60,000 $61,200
17 (14) FISCAL SPECIALIST I 1 $59,740 $60,934
18 (15) ATTORNEY GENERAL VIII 4 $56,543 $57,673
19 (16) OMBUDSMAN 1 $56,517 $57,647
20 (17) HUMAN RESOURCES DIRECTOR 1 $55,260 $56,365
21 (18) INVESTIGATOR II 2 $54,399 $55,486
22 (19) ADMINISTRATIVE ASSIST I 1 $54,047 $55,127
23 (20) LEGAL ASSISTANT 1 $52,530 $53,581
24 (21) LAW ED DIRECTOR 1 $51,000 $52,020
25 (22) EXECUTIVE ASSISTANT 1 $50,799 $51,814
26 (23) LAW ED INSTRUCTOR I 2 $50,000 $51,000
27 (24) EXECUTIVE SECRETARY 1 $48,822 $49,798
28 (25) NETWORK SPECIALIST I 1 $47,277 $48,222
29 (26) LIBRARIAN 1 $43,642 $44,514
30 (27) FISCAL SPECIALIST II 1 $43,448 $44,316
31 (28) INVESTIGATOR IV 2 $43,226 $44,090
32 (29) NETWORK SPECIALIST II 1 $43,226 $44,090
33 (30) SECRETARY I 6 $42,050 $42,891
34 (31) LAW ED INSTRUCTOR II 1 $40,984 $41,803
35 (32) ADMINISTRATIVE ASSISTANT II 3 $40,984 $41,803
36 (33) PARALEGAL I 2 $40,202 $41,006

2
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 (34) INVESTIGATOR V 5 $40,154 $40,957
2 (35) SECRETARY II 3 $39,812 $40,608
3 (36) ASSIST LOGISTICS DIRECTOR 1 $38,760 $39,535
4 (37) CONSUMER COUNSELOR 4 $36,072 $36,793
5 (38) SECRETARY III 10 $35,128 $35,830
6 (39) COURIER I 1 $35,128 $35,830
7 (40) RECEPTIONIST I 2 $33,840 $34,516
8 (41) COURIER II 1 $32,447 $33,095
9 (42) COURIER III 1 $24,701 $25,195
10 MAX. NO. OF EMPLOYEES 127
11
12 SECTION 2. EXTRA HELP – OPERATIONS. There is hereby authorized, for the
13 Office of Attorney General for the 2007-2009 biennium, the following maximum
14 number of part-time or temporary employees, to be known as “Extra Help”,
15 payable from funds appropriated herein for such purposes: eight (8)
16 temporary or part-time employees, when needed, at rates of pay not to exceed
17 those provided in the Uniform Classification and Compensation Act, or its
18 successor, or this act for the appropriate classification.
19
20 SECTION 3. APPROPRIATION – OPERATIONS. There is hereby appropriated, to
21 the Office of Attorney General, to be payable from the State Central Services
22 Fund, for personal services and operating expenses of the Office of Attorney
23 General for the biennial period ending June 30, 2009, the following:
24
25 ITEM FISCAL YEARS
26 NO. 2007-2008 2008-2009
27 (01) REGULAR SALARIES $ 7,866,082 $ 8,023,344
28 (02) EXTRA HELP 36,000 36,000
29 (03) PERSONAL SERVICES MATCHING 2,514,874 2,565,153
30 (04) MAINT. & GEN. OPERATION
31 (A) OPER. EXPENSE 1,748,462 1,801,104
32 ( CONF. & TRAVEL 94,530 96,873
33 (C) PROF. FEES 539,429 557,609
34 (D) CAP. OUTLAY 95,800 98,000
35 (E) DATA PROC. 0 0
36 TOTAL AMOUNT APPROPRIATED $ 12,895,177 $ 13,178,083

3
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1
2 SECTION 4. REGULAR SALARIES – CRIME VICTIMS REPARATIONS PROGRAM. There is
3 hereby established for the Office of Attorney General – Crime Victims
4 Reparations Program for the 2007-2009 biennium, the following maximum number
5 of regular employees whose salaries shall be governed by the provisions of
6 the Uniform Classification and Compensation Act (Arkansas Code §§21-5-201 et
7 seq.), or its successor, and all laws amendatory thereto. Provided, however,
8 that any position to which a specific maximum annual salary is set out herein
9 in dollars, shall be exempt from the provisions of said Uniform
10 Classification and Compensation Act. All persons occupying positions
11 authorized herein are hereby governed by the provisions of the Regular
12 Salaries Procedures and Restrictions Act (Arkansas Code §21-5-101), or its
13 successor.
14
15 Maximum Annual
16 Maximum Salary Rate
17 Item Class No. of Fiscal Years
18 No. Code Title Employees 2007-2008 2008-2009
19 (1) 9842 ATTORNEY GENERAL VII 1 $68,737 $70,111
20 (2) 7903 CRIME VICTIM ADMINISTRATOR 1 $47,289 $48,243
21 (3) 9843 FISCAL SPECIALIST II 1 $43,448 $44,316
22 (4) INVESTIGATOR V 8 $40,154 $40,957
23 MAX. NO. OF EMPLOYEES 11
24
25 SECTION 5. EXTRA HELP – CRIME VICTIMS REPARATIONS PROGRAM. There is
26 hereby authorized, for the Office of Attorney General – Crime Victims
27 Reparations Program for the 2007-2009 biennium, the following maximum number
28 of part-time or temporary employees, to be known as “Extra Help”, payable
29 from funds appropriated herein for such purposes: two (2) temporary or part-
30 time employees, when needed, at rates of pay not to exceed those provided in
31 the Uniform Classification and Compensation Act, or its successor, or this
32 act for the appropriate classification.
33
34 SECTION 6. APPROPRIATION – CRIME VICTIMS REPARATIONS PROGRAM. There is
35 hereby appropriated, to the Office of Attorney General, to be payable from
36 the Crime Victims Reparations Revolving Fund, for personal services,

4
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 operating expenses and the payment of claims by the Office of Attorney
2 General – Crime Victims Reparations Program for the biennial period ending
3 June 30, 2009, the following:
4
5 ITEM FISCAL YEARS
6 NO. 2007-2008 2008-2009
7 (01) REGULAR SALARIES $ 480,715 $ 490,326
8 (02) EXTRA HELP 10,000 10,000
9 (03) PERSONAL SERVICES MATCHING 153,828 156,904
10 (04) MAINT. & GEN. OPERATION
11 (A) OPER. EXPENSE 73,801 75,999
12 ( CONF. & TRAVEL 15,600 16,000
13 (C) PROF. FEES 10,300 10,600
14 (D) CAP. OUTLAY 0 0
15 (E) DATA PROC. 0 0
16 (05) CLAIMS 3,082,750 3,077,986
17 TOTAL AMOUNT APPROPRIATED $ 3,826,994 $ 3,837,815
18
19 SECTION 7. REGULAR SALARIES – CRIME VICTIMS REPARATIONS PROGRAM – FEDERAL.
20 There is hereby established for the Office of Attorney General – Crime
21 Victims Reparations Program – Federal for the 2007-2009 biennium, the
22 following maximum number of regular employees whose salaries shall be
23 governed by the provisions of the Uniform Classification and Compensation Act
24 (Arkansas Code §§21-5-201 et seq.), or its successor, and all laws amendatory
25 thereto. Provided, however, that any position to which a specific maximum
26 annual salary is set out herein in dollars, shall be exempt from the
27 provisions of said Uniform Classification and Compensation Act. All persons
28 occupying positions authorized herein are hereby governed by the provisions
29 of the Regular Salaries Procedures and Restrictions Act (Arkansas Code §21-5-
30 101), or its successor.
31
32 Maximum Annual
33 Maximum Salary Rate
34 Item Class No. of Fiscal Years
35 No. Code Title Employees 2007-2008 2008-2009
36 (1) 7331 ADMINISTRATIVE ASSISTANT III 1 $28,233 $28,797

5
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 MAX. NO. OF EMPLOYEES 1
2
3 SECTION 8. APPROPRIATION – CRIME VICTIMS REPARATIONS PROGRAM – FEDERAL.
4 There is hereby appropriated, to the Office of Attorney General, to be
5 payable from the federal funds as designated by the Chief Fiscal Officer of
6 the State, for personal services, operating expenses and the payment of
7 claims by the Office of Attorney General – Crime Victims Reparations Program
8 – Federal for the biennial period ending June 30, 2009, the following:
9
10 ITEM FISCAL YEARS
11 NO. 2007-2008 2008-2009
12 (01) REGULAR SALARIES $ 28,233 $ 28,797
13 (02) PERSONAL SERVICES MATCHING 9,967 10,083
14 (03) MAINT. & GEN. OPERATION
15 (A) OPER. EXPENSE 26,900 26,900
16 ( CONF. & TRAVEL 0 0
17 (C) PROF. FEES 0 0
18 (D) CAP. OUTLAY 0 0
19 (E) DATA PROC. 0 0
20 (04) CLAIMS 1,413,799 1,413,799
21 TOTAL AMOUNT APPROPRIATED $ 1,478,899 $ 1,479,579
22
23 SECTION 9. REGULAR SALARIES – MEDICAID FRAUD DIVISION – STATE. There is
24 hereby established for the Office of Attorney General – Medicaid Fraud
25 Division – State for the 2007-2009 biennium, the following maximum number of
26 regular employees whose salaries shall be governed by the provisions of the
27 Uniform Classification and Compensation Act (Arkansas Code §§21-5-201 et
28 seq.), or its successor, and all laws amendatory thereto. Provided, however,
29 that any position to which a specific maximum annual salary is set out herein
30 in dollars, shall be exempt from the provisions of said Uniform
31 Classification and Compensation Act. All persons occupying positions
32 authorized herein are hereby governed by the provisions of the Regular
33 Salaries Procedures and Restrictions Act (Arkansas Code §21-5-101), or its
34 successor.
35
36 Maximum Annual

6
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 Maximum Salary Rate
2 Item Class No. of Fiscal Years
3 No. Code Title Employees 2007-2008 2008-2009
4 (1) 9839 ATTORNEY GENERAL II 1 $98,627 $100,599
5 (2) 9840 ATTORNEY GENERAL VI 2 $73,377 $74,844
6 (3) 9449 AUDITOR 1 $66,973 $68,312
7 (4) 7329 SECRETARY III 1 $35,128 $35,830
8 MAX. NO. OF EMPLOYEES 5
9
10 SECTION 10. APPROPRIATION – MEDICAID FRAUD DIVISION – STATE. There is
11 hereby appropriated, to the Office of Attorney General, to be payable from
12 the State Central Services Fund, for personal services and operating expenses
13 of the Office of Attorney General – Medicaid Fraud Division – State for the
14 biennial period ending June 30, 2009, the following:
15
16 ITEM FISCAL YEARS
17 NO. 2007-2008 2008-2009
18 (01) REGULAR SALARIES $ 347,482 $ 354,429
19 (02) PERSONAL SERVICES MATCHING 91,990 93,408
20 (03) MAINT. & GEN. OPERATION
21 (A) OPER. EXPENSE 63,300 65,200
22 ( CONF. & TRAVEL 11,199 11,500
23 (C) PROF. FEES 7,400 7,500
24 (D) CAP. OUTLAY 6,700 7,000
25 (E) DATA PROC. 0 0
26 TOTAL AMOUNT APPROPRIATED $ 528,071 $ 539,037
27
28 SECTION 11. REGULAR SALARIES – MEDICAID FRAUD DIVISION – FEDERAL. There
29 is hereby established for the Office of Attorney General – Medicaid Fraud
30 Division – Federal for the 2007-2009 biennium, the following maximum number
31 of regular employees whose salaries shall be governed by the provisions of
32 the Uniform Classification and Compensation Act (Arkansas Code §§21-5-201 et
33 seq.), or its successor, and all laws amendatory thereto. Provided, however,
34 that any position to which a specific maximum annual salary is set out herein
35 in dollars, shall be exempt from the provisions of said Uniform
36 Classification and Compensation Act. All persons occupying positions

7
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 authorized herein are hereby governed by the provisions of the Regular
2 Salaries Procedures and Restrictions Act (Arkansas Code §21-5-101), or its
3 successor.
4
5 Maximum Annual
6 Maximum Salary Rate
7 Item Class No. of Fiscal Years
8 No. Code Title Employees 2007-2008 2008-2009
9 (1) MEDICAID DIRECTOR 1 $90,809 $92,625
10 (2) ATTORNEY GENERAL IV 1 $85,786 $87,501
11 (3) ATTORNEY GENERAL V 1 $77,801 $79,357
12 (4) CHIEF INVESTIGATOR 1 $77,735 $79,289
13 (5) INVESTIGATOR I 2 $59,112 $60,294
14 (6) INVESTIGATOR III 5 $53,912 $54,990
15 (7) NURSE ANALYST 2 $53,912 $54,990
16 (8) ANALYST 1 $46,764 $47,699
17 (9) PARALEGAL I 1 $40,202 $41,006
18 (10) SECRETARY II 1 $39,812 $40,608
19 (11) CASE COORDINATOR 1 $37,471 $38,220
20 MAX. NO. OF EMPLOYEES 17
21
22 SECTION 12. EXTRA HELP – MEDICAID FRAUD DIVISION – FEDERAL. There is
23 hereby authorized, for the Office of Attorney General – Medicaid Fraud
24 Division – Federal for the 2007-2009 biennium, the following maximum number
25 of part-time or temporary employees, to be known as “Extra Help”, payable
26 from funds appropriated herein for such purposes: two (2) temporary or part-
27 time employees, when needed, at rates of pay not to exceed those provided in
28 the Uniform Classification and Compensation Act, or its successor, or this
29 act for the appropriate classification.
30
31 SECTION 13. APPROPRIATION – MEDICAID FRAUD DIVISION – FEDERAL. There is
32 hereby appropriated, to the Office of Attorney General, to be payable from
33 the federal funds as designated by the Chief Fiscal Officer of the State, for
34 personal services and operating expenses of the Office of Attorney General –
35 Medicaid Fraud Division – Federal for the biennial period ending June 30,
36 2009, the following:

8
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1
2 ITEM FISCAL YEARS
3 NO. 2007-2008 2008-2009
4 (01) REGULAR SALARIES $ 991,988 $ 1,011,823
5 (02) EXTRA HELP 25,000 25,000
6 (03) PERSONAL SERVICES MATCHING 317,436 323,783
7 (04) MAINT. & GEN. OPERATION
8 (A) OPER. EXPENSE 185,291 190,841
9 ( CONF. & TRAVEL 34,000 35,100
10 (C) PROF. FEES 22,800 23,450
11 (D) CAP. OUTLAY 25,500 26,000
12 (E) DATA PROC. 0 0
13 TOTAL AMOUNT APPROPRIATED $ 1,602,015 $ 1,635,997
14
15 SECTION 14. APPROPRIATION – MEDICAID FRAUD DIVISION – INDIRECT COSTS.
16 There is hereby appropriated, to the Office of Attorney General, to be
17 payable from the federal funds as designated by the Chief Fiscal Officer of
18 the State, for operating expenses of the Office of Attorney General –
19 Medicaid Fraud Division – Indirect Costs for the biennial period ending June
20 30, 2009, the following:
21
22 ITEM FISCAL YEARS
23 NO. 2007-2008 2008-2009
24 (01) MAINT. & GEN. OPERATION
25 (A) OPER. EXPENSE $ 215,000 $ 215,000
26 ( CONF. & TRAVEL 0 0
27 (C) PROF. FEES 50,000 50,000
28 (D) CAP. OUTLAY 25,000 25,000
29 (E) DATA PROC. 0 0
30 TOTAL AMOUNT APPROPRIATED $ 290,000 $ 290,000
31
32 SECTION 15. APPROPRIATION – SPYWARE MONITORING. There is hereby
33 appropriated, to the Office of Attorney General, to be payable from the
34 Spyware Monitoring Fund, for administrative expenses and other associated
35 expenses for the enforcement activities and monitoring of spyware by the
36 Office of Attorney General ­ Spyware Monitoring for the biennial period

9
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 ending June 30, 2009, the sum of ……………………………..$100,000.
2
3 SECTION 16. APPROPRIATION – SPYWARE MONITORING – STATE. There is hereby
4 appropriated, to the Office of Attorney General, to be payable from the
5 Miscellaneous Agencies Fund Account, for administrative expenses and other
6 associated expenses for the enforcement activities and monitoring of spyware
7 by the Office of Attorney General ­ Spyware Monitoring – State for the
8 biennial period ending June 30, 2009, the sum of ……………….$100,000.
9
10 SECTION 17. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
11 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ATTORNEY
12 FEES. The disbursing officer of the appropriations provided for herein,
13 shall deposit all monies received by the Office of Attorney General as
14 attorney fees in the State Central Services Fund as direct revenues.
15 The provisions of this section shall be in effect only from July 1, 2005
16 2007 through June 30, 2007 2009.
17
18 SECTION 18. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE
19 NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. CARRY FORWARD.
20 Any unexpended balance of appropriation provided in this Act, excluding
21 Regular Salaries, which remains at the close of the fiscal year ending June
22 30, 2008, shall be carried forward and made available for the same purpose
23 for the fiscal year ending June 30, 2009.
24 Any carry forward of unexpended balance of appropriation and/or funding as
25 authorized herein, may be carried forward under the following conditions:
26 (1) Prior to June 30, 2008 the Agency shall by written statement set forth
27 its reason(s) for the need to carry forward said appropriation and/or funding
28 to the Department of Finance and Administration Office of Budget;
29 (2) The Department of Finance and Administration Office of Budget shall
30 report to the Arkansas Legislative Council all amounts carried forward from
31 the first fiscal year of the biennium to the second fiscal year of the
32 biennium by the September Arkansas Legislative Council or Joint Budget
33 Committee meeting in the second fiscal year of the biennial period which
34 report shall include the name of the Agency, Board, Commission or Institution
35 and the amount of the appropriation and/or funding carried forward from the
36 first fiscal year to the second fiscal year, the program name or line item,

10
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1 the funding source of that appropriation and a copy of the written request
2 set forth in (1) above;
3 (3) Each Agency, Board, Commission or Institution shall provide a written
4 report to the Arkansas Legislative Council or Joint Budget Committee
5 containing all information set forth in item (2) above, along with a written
6 statement as to the current status of the project, contract, purpose etc. for
7 which the carry forward was originally requested no later than thirty (30)
8 days prior to the time the Agency, Board, Commission or Institution presents
9 its budget request to the Arkansas Legislative Council/Joint Budget
10 Committee; and
11 (4) Thereupon, the Department of Finance and Administration shall include
12 all information obtained in item (3) above in the biennial budget manuals
13 and/or a statement of non-compliance by the Agency, Board, Commission or
14 Institution.
15 The provisions of this section shall be in effect only from July 1, 2007
16 through June 30, 2009.
17
18 SECTION 19. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE
19 NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER
20 PROVISION. After receiving approval from the Chief Fiscal Officer of the
21 State, and prior review by the Arkansas Legislative Council, the Office of
22 Attorney General is authorized to transfer appropriation from any line item
23 authorized in Section 3 Appropriation – Operations of the Office of Attorney
24 General in this Act to any other line item authorized in Section 3.
25 The provisions of this section shall be in effect only from July 1, 2007
26 through June 30, 2009.
27
28 SECTION
20. COMPLIANCE WITH OTHER LAWS. Disbursement of funds authorized
29 by this act shall be limited to the appropriation for such agency and funds
30 made available by law for the support of such appropriations; and the
31 restrictions of the State Procurement Law, the General Accounting and
32 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
33 Procedures and Restrictions Act, or their successors, and other fiscal
34 control laws of this State, where applicable, and regulations promulgated by
35 the Department of Finance and Administration, as authorized by law, shall be
36 strictly complied with in disbursement of said funds.

11
02-22-2007 14:35 WLC038

As Engrossed: H2/16/07 H2/22/07
HB1327
1
2 SECTION
21. LEGISLATIVE INTENT. It is the intent of the General Assembly
3 that any funds disbursed under the authority of the appropriations contained
4 in this act shall be in compliance with the stated reasons for which this act
5 was adopted, as evidenced by the Agency Requests, Executive Recommendations
6 and Legislative Recommendations contained in the budget manuals prepared by
7 the Department of Finance and Administration, letters, or summarized oral
8 testimony in the official minutes of the Arkansas Legislative Council or
9 Joint Budget Committee which relate to its passage and adoption.
10
11 SECTION
22. EMERGENCY CLAUSE. It is found and determined by the General
12 Assembly, that the Constitution of the State of Arkansas prohibits the
13 appropriation of funds for more than a two (2) year period; that the
14 effectiveness of this Act on July 1, 2007 is essential to the operation of
15 the agency for which the appropriations in this Act are provided, and that in
16 the event of an extension of the Regular Session, the delay in the effective
17 date of this Act beyond July 1, 2007 could work irreparable harm upon the
18 proper administration and provision of essential governmental programs.
19 Therefore, an emergency is hereby declared to exist and this Act being
20 necessary for the immediate preservation of the public peace, health and
21 safety shall be in full force and effect from and after July 1, 2007.
22
23
/s/ Joint Budget Committee
24

25
APPROVED:

3/28/2007
26

27

28

29

30

31

32

33

34

35

36

12
02-22-2007 14:35 WLC038

1,224 thoughts on “FOI Response From Arkansas AG Dustin McDaniel Regarding AG Duties And Act 534, HB 1327 (APPROVED: 3/28/2007)”

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