Arkansas 2025 Regular Session

Arkansas Senate Bill SB182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 24 of the Regular Session
3	2		SSS134 02/03/2025 4:31:11 PM SSS134
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 182 3
7	6		4
8	7		By: Senators Gilmore, S. Flowers 5
9	8		By: Representatives Barnes, K. Ferguson, Holcomb, Wardlaw 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE LAW CONCERNING ANNUAL 9
13	12		APPROPRIATIONS FOR LOCAL GOVERNMENT; TO REQUIRE A 10
14	13		LOCAL GOVERNMENT TO CONTINUE TO OPERATE UNDER THE 11
15	14		ANNUAL APPROPRIATION ORDINANCE FOR THE PREVIOUS YEAR 12
16	15		UNTIL A NEW APPROPRIATION ORDINANCE IS ADOPTED; TO 13
17	16		DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 14
18	17		15
19	18		16
20	19		Subtitle 17
21	20		TO REQUIRE A LOCAL GOVERNMENT TO 18
22	21		CONTINUE TO OPERATE UNDER THE ANNUAL 19
23	22		APPROPRIATION ORDINANCE FOR THE PREVIOUS 20
24	23		YEAR UNTIL A NEW APPROPRIATION ORDINANCE 21
25	24		IS ADOPTED; AND TO DECLARE AN EMERGENCY. 22
26	25		23
27	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
28	27		25
29	28		SECTION 1. Arkansas Code § 14 -14-904(b)(1)(A)(ii), concerning the 26
30	29		procedure for appropriations by a quorum court, is amended to add an 27
31	30		additional subdivision to read as follows: 28
32	31		(c)(1) If a quorum court does not pass an 29
33	32		annual appropriation ordinance as required under subdivision (b)(1)(A)(ii)(a) 30
34	33		of this section by January 1, the annual appropriation ordinance from the 31
35	34		previous year, including any amendments to the annual appropriation budget 32
36	35		adopted by ordinance that were enacted on or before December 31 of the year 33
37	36		of the annual appropriation ordinance, is readopted by operation of this 34
38	37		subdivision (b)(1)(A)(ii)(c), at the final level of appropriation and the 35
39	38		beginning level of zero (0) expenditure. 36 SB182
40	39
41	40		2 02/03/2025 4:31:11 PM SSS134
42	41		(2) Expenditures of the county, 1
43	42		including without limitation the payment of salaries to employees as the 2
44	43		employee's salary existed on December 31, shall continue to be paid under the 3
45	44		annual appropriation ordinance levels of the previous year until a new annual 4
46	45		appropriation ordinance is adopted. 5
47	46		(3) Expenditures of the county paid 6
48	47		under subdivision (b)(1)(A)(ii)(c)(2) of this section shall not include per 7
49	48		diem compensation for the justices of the peace under § 14 -14-1205 or salary 8
50	49		for the county judge under § 14 -14-1204(c). 9
51	50		(4) An annual appropriation ordinance 10
52	51		adopted by the quorum court after January 1 shall not include per diem 11
53	52		compensation for the justices of the peace under § 14 -14-1205 or salary for 12
54	53		the county judge under § 14 -14-1204(c) for any period when the previous 13
55	54		year's annual appropriation ordinance has been readopted. 14
56	55		(5) For the purposes of this subdivision 15
57	56		(b)(1)(A)(ii)(c), the annual appropriation ordinance adopted by the quorum 16
58	57		court in the previous year shall be readopted by operation of this 17
59	58		subdivision (b)(1)(A)(ii)(c) regardless of any determination that the annual 18
60	59		appropriation ordinance for the previous year is or may be invalid. 19
61	60		20
62	61		SECTION 2. Arkansas Code § 14 -14-1204(c), concerning compensation of 21
63	62		elected county officers, is amended to add an additional subdivision to read 22
64	63		as follows: 23
65	64		(3) If an annual appropriation ordinance is not adopted by 24
66	65		January 1 under § 14 -14-904, the annual salary of a county judge shall not be 25
67	66		paid until an annual appropriation ordinance is adopted. 26
68	67		27
69	68		SECTION 3. Arkansas Code § 14 -14-1205(a)(1), concerning compensation 28
70	69		of township officers, is amended to add an additional subdivision to read as 29
71	70		follows: 30
72	71		(C) If an annual appropriation ordinance is not adopted by 31
73	72		January 1 under § 14 -14-904, the per diem compensation for justices of the 32
74	73		peace shall not be paid until an appropriation ordinance is adopted. 33
75	74		34
76	75		SECTION 4. Arkansas Code § 14 -58-202 is amended to read as follows: 35
77	76		14-58-202. Adoption of budget. 36 SB182
78	77
79	78		3 02/03/2025 4:31:11 PM SSS134
80	79		(a) Under this subchapter, the governing body of the municipality 1
81	80		shall, on or before February 1 of each year, adopt a budget by ordinance or 2
82	81		resolution for operation of the city or town municipality. 3
83	82		(b)(1) If the governing body of the municipality has not adopted a 4
84	83		budget by ordinance for the operation of the municipality by January 1, any 5
85	84		expenditure of the municipality for that year shall continue to be paid 6
86	85		according to the adopted budget from the previous year, including any 7
87	86		amendments to the budget adopted by ordinance that were enacted on or before 8
88	87		December 31 of the year of the budget, until a new budget for the year is 9
89	88		adopted by the governing body of the municipality. 10
90	89		(2) The expenditures of the municipality paid under subdivision 11
91	90		(b)(1) of this section shall be limited to necessary operational expenses of 12
92	91		the municipality, including without limitation: 13
93	92		(A) Expenditures to ensure all regular and usual 14
94	93		government services offered by the municipality are maintained; 15
95	94		(B) Expenditures necessary to protect the peace, health, 16
96	95		and safety of the residents of the municipality; 17
97	96		(C) Payroll and benefits of employees of the municipality 18
98	97		as the employee's salary existed on December 31; 19
99	98		(D) Payments of contracts for commodities or services 20
100	99		previously entered into by the municipality in which payment is due; and 21
101	100		(E) Payments of outstanding debt or bonds, including 22
102	101		interest, as authorized under applicable law. 23
103	102		(3) Expenditures authorized under this subsection do not include 24
104	103		a new capital purchase based on prior authorization for a capital purchase in 25
105	104		the adopted budget from the previous year. 26
106	105		27
107	106		SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 28
108	107		General Assembly of the State of Arkansas that when the governing body of a 29
109	108		county or municipality does not pass an annual appropriation ordinance, the 30
110	109		county or municipality cannot provide basic services and the employees of the 31
111	110		county or municipality cannot be paid; that this act will allow expenditures 32
112	111		to be paid until an annual appropriation ordinance is in place; that the lack 33
113	112		of an appropriation ordinance makes it impossible for the county or 34
114	113		municipality to provide necessary services to the residents of the county or 35
115	114		municipality, which threatens the public peace, health, and safety of the 36 SB182
116	115
117	116		4 02/03/2025 4:31:11 PM SSS134
118	117		residents of the county or municipality; and that this act is immediately 1
119	118		necessary because failure to pass an annual appropriation ordinance puts 2
120	119		employees of the county or municipality in financial distress and at risk of 3
121	120		being unable to pay for financial responsibilities. Therefore, an emergency 4
122	121		is declared to exist, and this act being immediately necessary for the 5
123	122		preservation of the public peace, health, and safety shall become effective 6
124	123		on: 7
125	124		(1) The date of its approval by the Governor; 8
126	125		(2) If the bill is neither approved nor vetoed by the Governor, 9
127	126		the expiration of the period of time during which the Governor may veto the 10
128	127		bill; or 11
129	128		(3) If the bill is vetoed by the Governor and the veto is 12
130	129		overridden, the date the last house overrides the veto. 13
131	130		14
132	131		15
133		-	~~APPROVED: 2/10/25~~ 16
	132	+	16
134	133		17
135	134		18
136	135		19
137	136		20
138	137		21
139	138		22
140	139		23
141	140		24
142	141		25
143	142		26
144	143		27
145	144		28
146	145		29
147	146		30
148	147		31
149	148		32
150	149		33
151	150		34
152	151		35
153	152		36