Stricken language will be deleted and underlined language will be added. Act 679 of the Regular Session



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Act 679 of the Regular Session

State of Arkansas

88th General Assembly A Bill

Regular Session, 2011 SENATE BILL 635
By: Senator Files

For An Act To Be Entitled

AN ACT TO MAKE AN APPROPRIATION FOR A GRANT PROGRAM FOR THE UNITED STATES MARSHALS MUSEUM FOR THE DEPARTMENT OF PARKS AND TOURISM FOR THE FISCAL YEAR ENDING JUNE 30, 2012; AND FOR OTHER PURPOSES.



Subtitle

AN ACT FOR THE DEPARTMENT OF PARKS AND TOURISM - UNITED STATES MARSHALS MUSEUM GRANT PROGRAM APPROPRIATION FOR THE 2011-2012 FISCAL YEAR.

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

SECTION 1. APPROPRIATION - UNITED STATES MARSHALS MUSEUM GRANT PROGRAM. There is hereby appropriated, to the Department of Parks and Tourism, to be payable from the General Improvement Fund or its successor fund or fund accounts, the following:

(A) To develop, implement, and administer a grant program that provides funding to assist with the development, construction, and maintenance of a United States Marshals Museum, in a sum not to exceed.........$25,000,000.
SECTION 2. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. GRANT ELIGIBILITY. To be eligible for a grant under this act, an entity must establish that it is a nonprofit non-governmental 501(c)(3) organization with a mission to form a national center of heritage and legacy within the State of Arkansas dedicated to United States Marshals.

The provisions of this section shall be in effect only from July 1, 2011 through June 30, 2012.


SECTION 3. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.

(a) The General Assembly finds that:

(1) The United States Marshals have played a significant role in the settlement of the State of Arkansas and the United States;

(2) The United States Marshals Service, established on September 24, 1789, as part of the Judiciary Act that was the first bill passed in Congress and signed into law by George Washington, is the oldest federal law enforcement agency in the nation;

(3) Although originally established to protect the judiciary, the United States Marshals were often called the other duties as assigned agency because of their broad powers as evidenced by their call in 1794 to protect tax collectors during the Whiskey Rebellion and responsibility for enforcing the Fugitive Slave Act in 1850;

(4) Today, there are 94 United States Marshals, one for each federal district, who continue to be appointed by and serve at the pleasure of the President of the United States, and numerous Deputy Marshals responsible for carrying out the day-to-day duties of the United States Marshals Service as civil servants;

(5) Because of the over two hundred (200) year honorable history of the United States Marshals Service, the cultural and economic development of this state would benefit by the construction, operation, and maintenance of a museum honoring the United States Marshals Service; and

(6) Since there currently is not a museum in the country honoring the United States Marshals Service, having the only museum dedicated to the oldest federal law enforcement agency in the nation would bring national and regional attention to the state, increase tourism, create jobs, promote economic and cultural development, and promote the planning and development of infrastructure and resources to support the increased activity, all of which would have a substantial positive impact on the state as a whole.

(b) The General Assembly further finds and determines that:

(1) The construction, development, and maintenance of museums devoted to honoring the historical significance of the United States Marshals Service are noble, public purposes that will provide educational opportunities for all citizens in the State of Arkansas, promote industry and tourism, and provide economic development to cities and towns within the state;

(2) Any funds obtained from a state or local government, a public, private, or nonprofit entity, or an individual intended to assist in the construction, development, or maintenance of a United States Marshals museum or exhibit would inure to the benefit of the people of this State by defraying development and operational costs and expenses; and

(3) All funding provided for the construction, development, or maintenance of a United States Marshals museum or exhibit is found to be for a public purpose benefitting the public good and that any funds given, allocated, or loaned to a United States Marshals museum or exhibit by any state or local government is conclusively presumed to be for public uses and purposes.

The provisions of this section shall be in effect only from July 1, 2011 through June 30, 2012.
SECTION 4. DISBURSEMENT CONTROLS. (A) No contract may be awarded nor obligations otherwise incurred in relation to the project or projects described herein in excess of the State Treasury funds actually available therefor as provided by law. Provided, however, that institutions and agencies listed herein shall have the authority to accept and use grants and donations including Federal funds, and to use its unobligated cash income or funds, or both available to it, for the purpose of supplementing the State Treasury funds for financing the entire costs of the project or projects enumerated herein. Provided further, that the appropriations and funds otherwise provided by the General Assembly for Maintenance and General Operations of the agency or institutions receiving appropriation herein shall not be used for any of the purposes as appropriated in this act.

(B) The restrictions of any applicable provisions of the State Purchasing Law, the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law and any other applicable fiscal control laws of this State and regulations promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of any funds provided by this act unless specifically provided otherwise by law.


SECTION 5. LEGISLATIVE INTENT. It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations contained in this act shall be in compliance with the stated reasons for which this act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.
SECTION 6. EMERGENCY CLAUSE. It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2011.

APPROVED: 03/24/2011

*KCS034* 02-14-2011 13:19:47 KCS034



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