Arkansas 2025 Regular Session

Arkansas Senate Bill SB145 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 145 3
6	6	4
7	7	By: Senator B. King 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND ARKANSAS LAW CONCERNING THE 9
12	12	ALLOCATION OF FUNDS RESULTING FROM LITIGATION 10
13	13	INVOLVING THE USE OF FUNDS FROM THE GENERAL 11
14	14	IMPROVEMENT FUND OR ITS SUCCESSOR FUND OR FUND 12
15	15	ACCOUNTS; AND FOR OTHER PURPOSES. 13
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17	17	15
18	18	Subtitle 16
19	19	TO AMEND ARKANSAS LAW CONCERNING THE 17
20	20	ALLOCATION OF FUNDS RESULTING FROM 18
21	21	LITIGATION INVOLVING THE USE OF FUNDS 19
22	22	FROM THE GENERAL IMPROVEMENT FUND OR ITS 20
23	23	SUCCESSOR FUND OR FUND ACCOUNTS. 21
24	24	22
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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27	27	SECTION 1. Arkansas Code § 25 -16-718 is amended to read as follows: 25
28	28	25-16-718. Use of settlement funds. 26
29	29	(a) When Except as otherwise provided in subsection (d) of this 27
30	30	section, when a settlement is agreed to or a judgment is entered in a lawsuit 28
31	31	in which the state is a party receiving all or part of the funds from the 29
32	32	settlement or judgment, the Attorney General shall create and maintain 30
33	33	accounts as necessary to receive the funds. 31
34	34	(b) The Except as otherwise provided in subsection (d) of this 32
35	35	section, the Attorney General shall distribute the funds as: 33
36	36	(1)(A) Restitution to Arkansas consumers or state agencies or 34
37	37	for other purposes as designated by the court order or settlement agreement. 35
38	38	(B) Funds distributed under subdivision (b)(1)(A) of this 36 SB145
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41	41	section shall be distributed to Arkansas consumers as soon as practicable and 1
42	42	according to any applicable court order; 2
43	43	(2) Cash funds to a state agency having a nexus to the 3
44	44	underlying litigation; 4
45	45	(3) Payment of attorney's fees or civil penalties under § 4 -88-5
46	46	113(a)(1), § 4-88-113(c), or § 4-88-113(e); 6
47	47	(4) Required under § 4 -88-105, if the funds are deposited into 7
48	48	the Consumer Education and Enforcement Account; or 8
49	49	(5) Payment for personal services, miscellaneous operating 9
50	50	expenses, or grants of the Attorney General's office. 10
51	51	(c)(1) The Attorney General's office shall provide a quarterly report 11
52	52	to the Legislative Council or Joint Budget Committee of all cash funds 12
53	53	received from court orders or settlement agreements. 13
54	54	(2) The report shall include: 14
55	55	(A) The case name of the court order or settlement 15
56	56	agreement; 16
57	57	(B) The amount of funds received by the Attorney General's 17
58	58	office for each court order or settlement agreement; and 18
59	59	(C)(i) A plan for disbursement of the funds. 19
60	60	(ii) If cash funds received from a court order or 20
61	61	settlement agreement are expended for any purpose, the report shall itemize 21
62	62	specific activities subject to the exclusions provided in § 4 -88-111 and § 22
63	63	25-1-403(1)(B). 23
64	64	(iii) The report shall also itemize the specific 24
65	65	consumer education and enforcement activities funded for the Attorney 25
66	66	General's office. 26
67	67	(3) If funds received from a court order or settlement agreement 27
68	68	are given to a specific entity by the Attorney General's office, the report 28
69	69	shall include: 29
70	70	(A)(i) A statement regarding whether the court order or 30
71	71	settlement agreement directed funds to be given to a specific entity. 31
72	72	(ii) If the court order or settlement agreement 32
73	73	directs funds be given to a specific entity, the Attorney General's office 33
74	74	shall provide a summary of input regarding the drafting of the court order or 34
75	75	settlement agreement. 35
76	76	(iii) If the Attorney General's office receives funds 36 SB145
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79	79	from a court order or settlement agreement that does not require disbursement 1
80	80	of funds to a specific entity, the Attorney General's office shall report a 2
81	81	rationale for disbursing funds to a specific entity; and 3
82	82	(B) A report of current balances of all unappropriated 4
83	83	cash fund holdings received by court order or settlement agreement by the 5
84	84	Attorney General's office. 6
85	85	(4) The quarterly reports shall be provided no later than the 7
86	86	fifteenth day of the month immediately following the end of each quarter. 8
87	87	(d) When a settlement is agreed to or a judgment is entered in a 9
88	88	lawsuit concerning the appropriation, expenditure, or use of funds from the 10
89	89	General Improvement Fund or its successor fund or fund accounts, including 11
90	90	the Development and Enhancement Fund, in which the state is a party receiving 12
91	91	all or part of the funds from the settlement or judgment, the funds shall be 13
92	92	deposited into the State Treasury to be used by the Division of Arkansas 14
93	93	State Police for: 15
94	94	(1) Crime reduction and prevention programs; and 16
95	95	(2) Assistance to the Division of Community Correction in the 17
96	96	provision of probation, parole, and post -release supervision services. 18
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