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Arkansas General Assembly· SB 633Died in Senate Committee at Sine Die adjournment.

An act TO PROVIDE FUNDING FOR THE CORRECTIONAL 10 FACILITIES SET-ASIDE, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                  A Bill
2 95th General Assembly

3 Regular Session, 2025                                            SENATE BILL 633

4

5 By: Senator J. Bryant

6 By: Representative Jean

7

8                          For An Act To Be Entitled

9            AN ACT TO PROVIDE FUNDING FOR THE CORRECTIONAL

10           FACILITIES SET-ASIDE; TO PROVIDE FOR THE TRANSFER OF

11           FUNDS FROM THE SECURITIES RESERVE FUND; TO DECLARE AN

12           EMERGENCY; AND FOR OTHER PURPOSES.

13

14

15                                   Subtitle

16                       TO PROVIDE FUNDING FOR THE CORRECTIONAL

17                       FACILITIES SET-ASIDE; TO PROVIDE FOR THE

18                       TRANSFER OF FUNDS FROM THE SECURITIES

19                       RESERVE FUND; AND TO DECLARE AN

20                       EMERGENCY.

21

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

23

24       SECTION 1. Arkansas Code � 19-5-905(a)(12), concerning the uses of the

25 Securities Reserve Fund, is amended to read as follows:

26           (12) After all distributions and transfers under this section,

27 less one hundred thousand dollars ($100,000) under � 19-3-521(a)(2), for a

28 transfer by the Chief Fiscal Officer of the State on the last business day of

29 the fiscal year for that fiscal year of the fund balances to the Catastrophic

30 Reserve Fund shall be held in a sub-fund as necessary to be distributed as

31 follows:

32                         (A) On July 1, 2025 or upon the effective date of this

33 Act:

34                         (i) The lesser of the remaining fund balance or one

35 hundred twenty-five million dollars ($125,000,000) to the Correctional

36 Facilities Set-Aside in the Restricted Reserve Fund; and

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1                          (ii) On September 2, 2025, any remaining fund

2 balance, after the transfers under subdivisions (a)(12)(A)(i) of this section

3 and then any other transfers authorized by the General Assembly, to the

4 General Revenue Allotment Reserve Fund;

5             (B) On July 1, 2026:

6                          (i) The lesser of the remaining fund balance or

7 forty-five million dollars ($45,000,000) to the Correctional Facilities Se-

8 Aside in the Restricted Reserve Fund; and

9                          (ii) On July 3, 2026 any remaining fund balance

10 after the transfers under subdivisions (a)(12)(B)(i) of this section, and

11 then any other transfers authorized by the General Assembly, to the General

12 Revenue Allotment Reserve Fund;

13            (C) On July 2, 2027:

14                         (i) Any remaining fund balance, after any transfers

15 authorized by the General Assembly, to the General Revenue Allotment Reserve

16 Fund; and

17            (D) For fiscal years beginning on and after July 1, 2028,

18 on the last business day of the fiscal year the remaining fund balance to the

19 General Revenue Allotment Reserve Fund.

20

21  SECTION 2. Arkansas Code � 19-5-1004(b), concerning the revenues that

22 make up the General Revenue Allotment Reserve Fund, is amended to read as

23 follows:

24 (b) Unless otherwise provided by law, the General Revenue Allotment Reserve

25 Fund shall consist of:

26  (1) The remainder of the general revenues collected by the state after

27 deductions as specified in � 19-5-202 have been made and which are not

28 required to fulfill the requirements of the maximum allotments of general

29 revenues as may be provided in the Revenue Stabilization Law, � 19-5-101 et

30 seq., for the fiscal year in which the general revenues were collected and

31 deposited into the State Treasury; and

32  (2) The portion not determined to be special revenues by � 19-6-110 of the

33 year-end fund balances of the funds and fund accounts created in � 19-5-302,

34 except for � 19-5-302(11)(A), and in � 19-5-304(2)--(7) and (10), �� 19-5-

35 306, 19-5-307, 19-6-404, and 19-6-411, which fund balances are to be

36 transferred on or before August 15 of the fiscal year next following the

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1 fiscal year during which balances accrued.

2   (3) The remaining fund balance in the Securities Reserve Fund under � 19-

3 5-905(a)(12).

4

5   SECTION 3. DO NOT CODIFY. PRISON CONSTRUCTION FUND TRANSFER.

6 Immediately upon the effective date of this Act, the Chief Fiscal Officer of

7 the State shall transfer on his or her books and those of the State Treasurer

8 and the Auditor of the State the sum of two hundred and fifty million dollars

9 ($250,000,000) from the General Revenue Allotment Reserve Fund to the

10 Correctional Facilities Set-Aside in the Restricted Reserve Fund, which shall

11 be in addition to existing balances in the Correctional Facilities Set-Aside

12 as established in Section 3(a)(2) of Act 561 of 2023.

13

14  SECTION 4. DO NOT CODIFY. PRISON CONSTRUCTION REPORTING REQUIREMENTS.

15 (a) The Department of Corrections shall report quarterly to the Arkansas

16 Legislative Council or Joint Budget Committee the status of all prison

17 construction activity that will not compromise the security or compromise the

18 integrity of the facility, to include the following:

19  (1) Projected cost summaries, which shall include budgeted amounts,

20 expenditures, funds balances, projected funding and the source of funds;

21  (2) Summary of the design of the facility, that may be provided without

22 any risk of a breach of security;

23  (3) A summary of any contract bidding process related to the construction

24 of the prison;

25  (4) A summary of any contracts awarded, notice to proceed, methods of

26 finance, grant awards, which shall include contract and grant amount(s), and

27 the amount(s) paid to date;

28  (5) Schedule of timelines and milestones, which shall include,

29 construction start, construction completion and occupancy;

30  (6) Summary of the number of beds and style of beds;

31  (7) Plans for inmate programming at the prison facility;

32  (8) Projected activity for the next quarter; and

33  (9) Any other information as requested by the Arkansas Legislative Council

34 or Joint Budget Committee.

35 (b) The provisions of this section shall be in effect from July 1, 2025

36 through the completion of the Prison Construction Project.

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1

2   SECTION 5. DO NOT CODIFY. Conditions and Audit. (a) Transfer of

3 funds from the "Restricted Reserve Fund" shall be made only after the Chief

4 Fiscal Officer of the State has determined that all criteria or pre-

5 conditions established in the appropriation act to receive the transfer have

6 been met and that a Method of Finance has been filed with the Office of

7 Accounting in the Department of Finance and Administration, if required.

8   (b) Any matching funds as may be provided in law shall be certified to

9 the Chief Fiscal Officer of the State prior to the commencement of the

10 project.

11  (c) Any recipient of the funds appropriated herein are also subject to

12 an audit by the Arkansas Legislative Audit of the Legislative Joint Auditing

13 Committee in order to determine that the use of the funds was in compliance

14 with the intent and appropriated purposes of the General Assembly.

15

16  SECTION 6. EMERGENCY CLAUSE. It is found and determined by the General

17 Assembly, that the Constitution of the State of Arkansas prohibits the

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

19 effectiveness of this Act upon passage and approval is essential to allow

20 transfers which can provide an additional funding mechanism for the

21 construction and operation of a state prison, as well as to address

22 unforeseen needs, and a delay in its effectiveness could work irreparable

23 harm upon the proper transfer of funds, administration and provision of

24 essential governmental programs. Therefore, an emergency is hereby declared

25 to exist and this Act being necessary for the immediate preservation of the

26 public peace, health, and safety shall be in full force and effect upon

27 passage and approval. If the bill is neither approved nor vetoed by the

28 Governor, it shall become effective on the expiration of the period of time

29 during which the Governor may veto the bill. If the bill is vetoed by the

30 Governor and the veto is overridden, it shall become effective on the date

31 the last house overrides the veto.

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