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Arkansas General Assembly· HB 1102Notification that HB1102 is now Act 541

An act TO MAKE AN APPROPRIATION FOR STATE TURNBACK 10 FOR COUNTIES AND MUNICIPALITIES BY THE OFFICE OF THE 11 TREASURER OF STATE FOR THE FISCAL YEAR ENDING JUNE 12 30, 2026, the official text

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1 State of Arkansas           As Engrossed: H3/12/25
2 95th General Assembly
                                    A Bill

3 Regular Session, 2025                                             HOUSE BILL 1102

4

5 By: Joint Budget Committee

6

7

8                             For An Act To Be Entitled

9              AN ACT TO MAKE AN APPROPRIATION FOR STATE TURNBACK

10             FOR COUNTIES AND MUNICIPALITIES BY THE OFFICE OF THE

11             TREASURER OF STATE FOR THE FISCAL YEAR ENDING JUNE

12             30, 2026; AND FOR OTHER PURPOSES.

13

14

15                                 Subtitle

16                       AN ACT TO MAKE AN APPROPRIATION FOR STATE

17                       TURNBACK FOR COUNTIES AND MUNICIPALITIES

18                       BY THE OFFICE OF THE TREASURER OF STATE

19                       FOR THE FISCAL YEAR ENDING JUNE 30, 2026;

20                       AND FOR OTHER PURPOSES.

21

22

23

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

25

26       SECTION 1. APPROPRIATION - GENERAL REVENUE TO CITIES. There is hereby

27 appropriated, to the Office of the Treasurer of State, to be payable from the

28 Municipal Aid Fund, for the purpose of distributing General Revenue accruing

29 therein for the benefit of municipalities as provided by law, by the Office

30 of the Treasurer of State for the fiscal year ending June 30, 2026, the

31 following:

32

33 ITEM                                                             FISCAL YEAR

34 NO.                                                               2025-2026

35 (01) GENERAL REVENUES - CITIES                                   $29,372,099

36

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    As Engrossed: H3/12/25                                                  HB1102

1        SECTION 2. APPROPRIATION - SPECIAL REVENUES TO CITIES. There is hereby

2 appropriated, to the Office of the Treasurer of State, to be payable from the

3 Municipal Aid Fund, for distributing Special Revenues accruing therein for

4 the benefit of municipalities as provided by law, by the Office of the

5 Treasurer of State for the fiscal year ending June 30, 2026, the following:

6

7 ITEM                                 FISCAL YEAR

8 NO.                                  2025-2026

9 (01) SPECIAL REVENUES - CITIES       $215,000,000

10

11       SECTION 3. APPROPRIATION - GENERAL REVENUES TO COUNTIES. There is

12 hereby appropriated, to the Office of the Treasurer of State, to be payable

13 from the County Aid Fund, for the purpose of distributing General Revenue

14 accruing therein for the benefit of counties as provided by law, by the

15 Office of the Treasurer of State for the fiscal year ending June 30, 2026,

16 the following:

17

18 ITEM                                FISCAL YEAR

19 NO.                                 2025-2026

20 (01) GENERAL REVENUE - COUNTIES     $21,428,616

21

22       SECTION 4. APPROPRIATION - SPECIAL REVENUES TO COUNTIES. There is

23 hereby appropriated, to the Office of the Treasurer of State, to be payable

24 from the County Aid Fund, for the purpose of distributing any monies provided

25 by Highway Turnback, Severance Taxes to counties, and any other monies

26 provided by the Acts of the General Assembly for the benefit of counties, by

27 the Office of the Treasurer of State for the fiscal year ending June 30,

28 2026, the following:

29

30 ITEM                                FISCAL YEAR

31 NO.                                 2025-2026

32 (01) SPECIAL REVENUE - COUNTIES     $230,000,000

33

34       SECTION 5. APPROPRIATION - UNANTICIPATED SPECIAL REVENUES - COUNTIES.

35 There is hereby appropriated, to the Office of the Treasurer of State, to be

36 payable from the County Aid Fund, for unanticipated monies received from the

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    As Engrossed: H3/12/25                                                  HB1102

1 sale or lease of minerals, oil and gas on federal military lands or from

2 other unanticipated special revenues, for the transfer to those counties to

3 which such monies are allocated by law, by the Office of the Treasurer of

4 State for the fiscal year ending June 30, 2026, the following:

5

6 ITEM                                                             FISCAL YEAR

7 NO.                                                              2025-2026

8 (01) UNANTICIPATED SPECIAL REVENUES                              $15,000,000

9

10       SECTION 6. APPROPRIATION - UNANTICIPATED SPECIAL REVENUES - CITIES.

11 There is hereby appropriated, to the Office of the Treasurer of State, to be

12 payable from the Municipal Aid Fund, for unanticipated monies received from

13 the sale or lease of minerals, oil and gas of federal military lands or from

14 other unanticipated special revenues, for the transfer to those cities to

15 which such monies are allocated by law, by the Office of the Treasurer of

16 State for the fiscal year ending June 30, 2026, the following:

17

18 ITEM                                                            FISCAL YEAR

19 NO.                                                             2025-2026

20 (01) UNANTICIPATED SPECIAL REVENUES                             $10,000,000

21

22       SECTION 7. APPROPRIATION - REAL PROPERTY TAX REDUCTION - COUNTIES.

23 There is hereby appropriated, to the Office of the Treasurer of State, to be

24 payable from the Property Tax Relief Trust Fund, for distributing funds

25 provided by a statewide property tax reduction to counties, by the Office of

26 the Treasurer of State for the fiscal year ending June 30, 2026, the

27 following:

28

29 ITEM                                                            FISCAL YEAR

30 NO.                                                             2025-2026

31 (01) DISTRIBUTION TO COUNTIES FOR PROPERTY

32       TAX RELIEF                                                $300,000,000

33

34       SECTION 8. APPROPRIATION - PROPERTY TAX RELIEF FUND REVENUES

35 DISTRIBUTION TO COUNTIES. There is hereby appropriated, to the Office of the

36 Treasurer of State, to be payable from the Property Tax Relief Trust Fund,

                            3                  03-12-2025 15:36:01 JAR025
    As Engrossed: H3/12/25                                                  HB1102

1 for accruing therein for the benefit of counties to be distributed using the

2 formula for the County Aid Fund under �19-5-602(c), by the Office of the

3 Treasurer of State for the fiscal year ending June 30, 2026, the following:

4

5 ITEM                              FISCAL YEAR

6 NO.                               2025-2026

7 (01) DISTRIBUTION TO COUNTIES     $2,000,000

8

9        SECTION 9. APPROPRIATION - PROPERTY TAX RELIEF FUND REVENUES

10 DISTRIBUTION TO CITIES. There is hereby appropriated, to the Office of the

11 Treasurer of State, to be payable from the Property Tax Relief Trust Fund,

12 for accruing therein for the benefit of municipalities to be distributed

13 using the formula for the Municipal Aid Fund under �19-5-601(c), by the

14 Office of the Treasurer of State for the fiscal year ending June 30, 2026,

15 the following:

16

17 ITEM                             FISCAL YEAR

18 NO.                              2025-2026

19 (01) DISTRIBUTION TO CITIES      $2,000,000

20

21       SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

22 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

23 DISTRIBUTION OF FUNDS. Funding provided in Property Tax Relief Fund Revenues

24 Distribution to Counties and Property Tax Relief Fund Revenues Distribution to

25 Cities of this Act from the Property Tax Relief Trust Fund shall not be

26 distributed unless there are sufficient funds in the Property Tax Relief Trust

27 Fund as of the date that the Chief Fiscal Officer of the State certifies the

28 amount in excess of the required reimbursement to the counties as provided in

29 �26-26-310(b)(2)(C)(i). If there are sufficient funds remaining in the

30 Property Tax Relief Trust Fund on December 31, 2024 2025, as certified, the

31 Treasurer shall distribute two million dollars ($2,000,000) to counties and

32 two million dollars ($2,000,000) to cities for the fiscal year ending June 30,

33 2025 2026 from the balance remaining on December 31, 2024 2025 from the

34 Property Tax Relief Trust Fund. The distribution to counties shall be made in

35 accordance with the distribution formula in �19-5-602(c). The distribution to

36 cities shall be made in accordance with the distribution formula in �19-5-

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    As Engrossed: H3/12/25                                                HB1102

1 601(b). The funds attributable to sales and use taxes levied prior to July 1,

2 2024 2025 shall not be transferred from the Property Tax Relief Trust Fund to

3 the cities and counties.

4   The provisions of this section shall be in effect only from July 1, 2024

5 2025 through June 30, 2025 2026.

6

7   SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

8 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

9 LOANS TO CITIES AND COUNTIES. On July 1 of each fiscal year, the Chief

10 Fiscal Officer of the State shall request a transfer by the State Treasurer

11 from the Budget Stabilization Trust Fund to the County Aid Fund and to the

12 Municipal Aid Fund to assist the various cities and counties in meeting cash

13 flow needs early in the state fiscal year. The transfer shall be a loan to

14 be repaid in equal installments from general revenue distributions each month

15 during the fiscal year for which the loan was made and shall be in addition

16 to any other loans authorized by law for the County Aid and Municipal Aid

17 Funds. The amount of such loan for each fiscal year shall be $3,517,657 to

18 the Municipal Aid Fund and $1,906,079 to the County Aid Fund, or so much

19 thereof as may be available in the Budget Stabilization Trust Fund as

20 determined by the Chief Fiscal Officer of the State. Upon such transfer

21 being completed, the State Treasurer shall immediately distribute such funds

22 to each of the several municipalities and counties in the same manner as

23 general revenues are distributed.

24 It is the intent of the General Assembly that the Chief Fiscal Officer of the

25 State and the State Treasurer shall make every reasonable, and financially

26 sound effort to insure that local governments receive the full amount of the

27 loan authorized herein on July 1 of each year and that the monies authorized

28 for local governments from general revenues be distributed in equal monthly

29 payments.

30  The provisions of this section shall be in effect only from July 1, 2024

31 2025 through June 30, 2025 2026.

32

33  SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

34 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL, AND TEMPORARY

35 LAW. RESPONSIBILITY FOR FUNDING. Beginning on January 1, 2000, each county of

36 the State shall be responsible for a portion of the cost of regular salaries

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    As Engrossed: H3/12/25                                                  HB1102

1 and personal services matching for deputy prosecuting attorneys who are to

2 become state employees as of January 1, 2000. During the monthly

3 distribution of general revenues to the counties, the Treasurer of State

4 shall retain from each county, one-twelfth (1/12th) of 80% of the amount

5 appropriated by each of the counties for salaries and associated fringe

6 benefit costs as of January 1, 1999. The amount retained by the Treasurer of

7 State shall be credited to the State Central Services Fund for the partial

8 support of the regular salaries and personal services matching costs for

9 deputy prosecuting attorneys. The amount which each county appropriated for

10 salaries and associated fringe benefit costs as of January 1, 1999, shall be

11 determined by the Division of Legislative Audit of the Legislative Joint

12 Auditing Committee and shall be certified to the Treasurer of State on or

13 before December 1, 1999.

14  "Effective July 1, 2024, each Each county shall be responsible for

15 paying twenty-five percent (25%) of the prior year's amount retained by the

16 Treasurer of State for that county for the fiscal year ending June 30, 2024

17 under this section.

18  The provisions of this section shall be in effect only from July 1,

19 2024 2025 through June 30, 2025 2026.

20

21  SECTION 13. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

22 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

23 CARRY FORWARD. At the close of each fiscal year any unexpended funds for the

24 County Aid and Municipal Aid line items shall be carried forward and

25 distributed pursuant and in addition to the funding formula established under

26 A.C.A 19-5-601 and 19-5-602 within forty-five (45) days.

27  Any carry forward of unexpended balance of funding as authorized herein,

28 may be carried forward under the following conditions:

29  (1) Prior to June 30, 2025 2026 the Agency shall by written statement

30 set forth its reason(s) for the need to carry forward said funding to the

31 Department of Finance and Administration Office of Budget;

32  (2) The Department of Finance and Administration Office of Budget shall

33 report to the Arkansas Legislative Council all amounts carried forward by the

34 September Arkansas Legislative Council or Joint Budget Committee meeting

35 which report shall include the name of the Agency, Board, Commission or

36 Institution and the amount of the funding carried forward, the program name

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    As Engrossed: H3/12/25                                                  HB1102

1 or line item, the funding source of that appropriation and a copy of the

2 written request set forth in (1) above;

3   (3) Each Agency, Board, Commission or Institution shall provide a

4 written 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

12 include all information obtained in item (3) above in the 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, 2024

16 2025 through June 30, 2025 2026.

17

18  SECTION 14. COMPLIANCE WITH OTHER LAWS. Disbursement of funds

19 authorized by this act shall be limited to the appropriation for such agency

20 and funds made available by law for the support of such appropriations; and

21 the restrictions of the State Procurement Law, the General Accounting and

22 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary

23 Procedures and Restrictions Act, or their successors, and other fiscal

24 control laws of this State, where applicable, and regulations promulgated by

25 the Department of Finance and Administration, as authorized by law, shall be

26 strictly complied with in disbursement of said funds.

27

28  SECTION 15. LEGISLATIVE INTENT. It is the intent of the General

29 Assembly that any funds disbursed under the authority of the appropriations

30 contained in this act shall be in compliance with the stated reasons for

31 which this act was adopted, as evidenced by the Agency Requests, Executive

32 Recommendations and Legislative Recommendations contained in the budget

33 manuals prepared by the Department of Finance and Administration, letters, or

34 summarized oral testimony in the official minutes of the Arkansas Legislative

35 Council or Joint Budget Committee which relate to its passage and adoption.

36

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    As Engrossed: H3/12/25                                                HB1102

1   SECTION 16. EMERGENCY CLAUSE. It is found and determined by the

2 General Assembly, that the Constitution of the State of Arkansas prohibits

3 the appropriation of funds for more than a one (1) year period; that the

4 effectiveness of this Act on July 1, 2025 is essential to the operation of

5 the agency for which the appropriations in this Act are provided, and that in

6 the event of an extension of the legislative session, the delay in the

7 effective date of this Act beyond July 1, 2025 could work irreparable harm

8 upon the proper administration and provision of essential governmental

9 programs. Therefore, an emergency is hereby declared to exist and this Act

10 being necessary for the immediate preservation of the public peace, health

11 and safety shall be in full force and effect from and after July 1, 2025.

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13                          /s/Joint Budget Committee

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