Arkansas 2025 Regular Session

Arkansas Senate Bill SB633 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 633 3
6	6	4
7	7	By: Senator J. Bryant 5
8	8	By: Representative Jean 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO PROVIDE FUNDING FOR THE CORRECTIONAL 9
12	12	FACILITIES SET-ASIDE; TO PROVIDE FOR THE TRANSFER OF 10
13	13	FUNDS FROM THE SECURITIES RESERVE FUND; TO DECLARE AN 11
14	14	EMERGENCY; AND FOR OTHER PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO PROVIDE FUNDING FOR THE CORRECTIONAL 16
19	19	FACILITIES SET-ASIDE; TO PROVIDE FOR THE 17
20	20	TRANSFER OF FUNDS FROM THE SECURITIES 18
21	21	RESERVE FUND; AND TO DECLARE AN 19
22	22	EMERGENCY. 20
23	23	21
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
25	25	23
26	26	SECTION 1. Arkansas Code § 19-5-905(a)(12), concerning the uses of the 24
27	27	Securities Reserve Fund, is amended to read as follows: 25
28	28	(12) After all distributions and transfers under this section, 26
29	29	less one hundred thousand dollars ($100,000) under § 19 -3-521(a)(2), for a 27
30	30	transfer by the Chief Fiscal Officer of the State on the last business day of 28
31	31	the fiscal year for that fiscal year of the fund balances to the Catastrophic 29
32	32	Reserve Fund shall be held in a sub -fund as necessary to be distributed as 30
33	33	follows: 31
34	34	(A) On July 1, 2025 or upon the effective date of this 32
35	35	Act: 33
36	36	(i) The lesser of the remaining fund balance or one 34
37	37	hundred twenty-five million dollars ($125,000,000) to the Correctional 35
38	38	Facilities Set-Aside in the Restricted Reserve Fund; and 36 SB633
39	39
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41	41	(ii) On September 2, 2025, any remaining fund 1
42	42	balance, after the transfers under subdivisions (a)(12)(A)(i) of this section 2
43	43	and then any other transfers authorized by the General Assembly, to the 3
44	44	General Revenue Allotment Reserve Fund; 4
45	45	(B) On July 1, 2026: 5
46	46	(i) The lesser of the remaining fund balance or 6
47	47	forty-five million dollars ($45,000,000) to the Correctional Facilities Se -7
48	48	Aside in the Restricted Reserve Fund; and 8
49	49	(ii) On July 3, 2026 any remaining fund balance 9
50	50	after the transfers under subdivisions (a)(12)(B)(i) of this section, and 10
51	51	then any other transfers authorized by the General Assembly, to the General 11
52	52	Revenue Allotment Reserve Fund; 12
53	53	(C) On July 2, 2027: 13
54	54	(i) Any remaining fund balance, after any transfers 14
55	55	authorized by the General Assembly, to the General Revenue Allotment Reserve 15
56	56	Fund; and 16
57	57	(D) For fiscal years beginning on and after July 1, 2028, 17
58	58	on the last business day of the fiscal year the remaining fund balance to the 18
59	59	General Revenue Allotment Reserve Fund . 19
60	60	20
61	61	SECTION 2. Arkansas Code § 19-5-1004(b), concerning the revenues that 21
62	62	make up the General Revenue Allotment Reserve Fund, is amended to read as 22
63	63	follows: 23
64	64	(b) Unless otherwise provided by law, the General Revenue Allotment Reserve 24
65	65	Fund shall consist of: 25
66	66	(1) The remainder of the general revenues collected by the state after 26
67	67	deductions as specified in § 19 -5-202 have been made and which are not 27
68	68	required to fulfill the requirements of the maximum allotments of general 28
69	69	revenues as may be provided in the Revenue Stabilization Law, § 19 -5-101 et 29
70	70	seq., for the fiscal year in which the general revenues were collected and 30
71	71	deposited into the State Treasury; and 31
72	72	(2) The portion not determined to be special revenues by § 19 -6-110 of the 32
73	73	year-end fund balances of the funds and fund accounts created in § 19 -5-302, 33
74	74	except for § 19-5-302(11)(A), and in § 19 -5-304(2)--(7) and (10), §§ 19-5-34
75	75	306, 19-5-307, 19-6-404, and 19-6-411, which fund balances are to be 35
76	76	transferred on or before August 15 of the fiscal year next following the 36 SB633
77	77
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79	79	fiscal year during which balances accrued. 1
80	80	(3) The remaining fund balance in the Securities Reserve Fund under § 19 -2
81	81	5-905(a)(12). 3
82	82	4
83	83	SECTION 3. DO NOT CODIFY. PRISON CONSTRUCTION FUND TRANSFER. 5
84	84	Immediately upon the effective date of this Act, the Chief Fiscal Office r of 6
85	85	the State shall transfer on his or her books and those of the State Treasurer 7
86	86	and the Auditor of the State the sum of two hundred and fifty million dollars 8
87	87	($250,000,000) from the General Revenue Allotment Reserve Fund to the 9
88	88	Correctional Facilities Set -Aside in the Restricted Reserve Fund, which shall 10
89	89	be in addition to existing balances in the Correctional Facilities Set -Aside 11
90	90	as established in Section 3(a)(2) of Act 561 of 2023. 12
91	91	13
92	92	SECTION 4. DO NOT CODIFY. PRISON CONSTRUCTION REPORTING REQUIREMENTS. 14
93	93	(a) The Department of Corrections shall report quarterly to the Arkansas 15
94	94	Legislative Council or Joint Budget Committee the status of all prison 16
95	95	construction activity that will not compromise the security or compromise the 17
96	96	integrity of the facility, to include the following: 18
97	97	(1) Projected cost summaries, which shall include budgeted amounts, 19
98	98	expenditures, funds balances, projected funding and the source of funds; 20
99	99	(2) Summary of the design of the facility, that may be provided without 21
100	100	any risk of a breach of security; 22
101	101	(3) A summary of any contract bidding process related to the construction 23
102	102	of the prison; 24
103	103	(4) A summary of any contracts awarded, notice to proceed, methods of 25
104	104	finance, grant awards, which shall include contract and grant amount(s), and 26
105	105	the amount(s) paid to date; 27
106	106	(5) Schedule of timelines and milestones, which shall include, 28
107	107	construction start, construction completion and occupancy; 29
108	108	(6) Summary of the number of beds and style of beds; 30
109	109	(7) Plans for inmate programming at the prison facility; 31
110	110	(8) Projected activity for the next quarter; and 32
111	111	(9) Any other information as requested by the Arkansas Legislative Council 33
112	112	or Joint Budget Committee. 34
113	113	(b) The provisions of this section shall be in effect from July 1, 2025 35
114	114	through the completion of the Prison Construction Project. 36 SB633
115	115
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117	117	1
118	118	SECTION 5. DO NOT CODIFY. Conditions and Audit. (a) Transfer of 2
119	119	funds from the "Restricted Reserve Fund" shall be made only after the Chief 3
120	120	Fiscal Officer of the State has determined that all criteria or pre -4
121	121	conditions established in the appropriation act to receive the transfer have 5
122	122	been met and that a Method of Finance has been filed with the Office of 6
123	123	Accounting in the Department of Finance and Administration, if required. 7
124	124	(b) Any matching funds as may be provided in law shall be certified to 8
125	125	the Chief Fiscal Officer of the State prior to the commencement of the 9
126	126	project. 10
127	127	(c) Any recipient of the funds appropriated herein are also subject to 11
128	128	an audit by the Arkansas Legislative Audit of the Legislative Joint Auditing 12
129	129	Committee in order to determine that the use of the funds was in compliance 13
130	130	with the intent and appropriated purposes of the General Assembly. 14
131	131	15
132	132	SECTION 6. EMERGENCY CLAUSE. It is found and determined by the General 16
133	133	Assembly, that the Constitution of the State of Arkansas prohibits the 17
134	134	appropriation of funds for more than a one (1) year period; that the 18
135	135	effectiveness of this Act upon passage and approval is essential to allow 19
136	136	transfers which can provide an additional funding mechanism for the 20
137	137	construction and operation of a state prison, as well as to address 21
138	138	unforeseen needs, and a delay in its effectiveness could work irreparable 22
139	139	harm upon the proper transfer of funds, administration and provision of 23
140	140	essential governmental programs. Therefore, an emergency is hereby declared 24
141	141	to exist and this Act being necessary for the immediate preservation of the 25
142	142	public peace, health, and safety shall be in full force and effect upon 26
143	143	passage and approval. If the bill is neither approved nor vetoed by the 27
144	144	Governor, it shall become effective on the expiration of the period of time 28
145	145	during which the Governor may veto the bill. If the bill is vetoed by the 29
146	146	Governor and the veto is overridden, it shall become effective on the date 30
147	147	the last house overrides the veto. 31
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149	149	33
150	150	34
151	151	35
152	152	36