Bill Summary – FastDemocracy

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                                        Act 3 of the Third Extraordinary Session
 State of Arkansas                                                                              Call Item 2
 93rd General Assembly                            A Bill
 Third Extraordinary Session, 2022                                                         SENATE BILL 2
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 By: Senators Irvin, Hickey, J. English, Bledsoe, Flippo, K. Hammer, J. Hendren, Hill, B. Johnson, D.
 Sullivan
 By: Representatives Cozart, Evans, Shepherd, Barker, Beaty Jr., M. Berry, Bragg, Breaux, Brooks,
 Brown, Cavenaugh, Christiansen, Cloud, Coleman, C. Cooper, Crawford, Dalby, Eaves, Eubanks, D.
 Ferguson, C. Fite, L. Fite, M. Gray, Haak, Hollowell, Jean, Jett, L. Johnson, Ladyman, Lundstrum,
 Lynch, Maddox, J. Mayberry, McClure, McGrew, McNair, Milligan, Perry, Pilkington, Ray, Richmond,
 Rye, Scott, Slape, B. Smith, S. Smith, Speaks, Tosh, Vaught, Wardlaw, Warren, Watson, Wing, Wooten
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                                      For An Act To Be Entitled
                 AN ACT TO MAKE AN APPROPRIATION FOR SCHOOL SAFETY
                 GRANTS FOR THE DEPARTMENT OF EDUCATION, AND TO
                 TRANSFER SURPLUS FUNDS TO CREATE A HOLDING ACCOUNT
                 FOR THE SCHOOL SAFETY SET-ASIDE OR CONTINGENCY VOTE
                 3/5 SET-ASIDE FOR THE FISCAL YEAR ENDING JUNE 30,
                 2023; AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF EDUCATION -
                           SCHOOL SAFETY GRANTS APPROPRIATION AND
                           SCHOOL SAFETY SET-ASIDE OR CONTINGENCY
                           VOTE 3/5 SET-ASIDE FOR THE 2022-2023
                           FISCAL YEAR.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. APPROPRIATION - SCHOOL SAFETY GRANTS.                       There is hereby
 appropriated, to the Department of Education, to be payable from the Division
 of Elementary and Secondary Education Fund Account, for School Safety grants
 by the Department of Education - School Safety grants for the fiscal year
 ending June 30, 2023, the following:
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 ITEM                                                                FISCAL YEAR
  NO.                                                                  2022-2023
 (01)     SCHOOL SAFETY GRANTS                                       $50,000,000
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          SECTION 2. DO NOT CODIFY. TEMPORARY LANGUAGE. (a) Immediately upon the
 effective date of this act, a new sub-fund within the Restricted Reserve Fund
 shall be established as the School Safety Set-Aside or Contingency Vote 3/5
 Set-Aside.
  (b) (1) The Department of Education shall not begin the process of
 promulgating rules for the distribution of funds in the School Safety Set-
 Aside or Contingency Vote 3/5 Set-Aside until authorized by Legislative
 Council.
          (2)    The department shall not disburse any funds in the School Safety
 Set-Aside or Contingency Vote 3/5 Set-Aside until the rules have been
 approved by Legislative Council.
  (c)   Notwithstanding other provisions of law, the Chief Fiscal Officer of
 the State may from time to time transfer on his or her books and those of the
 Treasurer of State and the Auditor of State funds from the Restricted Reserve
 Fund School Safety Set-Aside or Contingency Vote 3/5 Set-Aside after
 receiving prior approval of the greater of three-fifths (3/5) of the quorum
 present or a majority of the membership of the Legislative Council or, if the
 General Assembly is in session, the Joint Budget Committee, for the
 Department of Education to distribute funds for the School Safety Grant
 program, as approved in this section as set out in subsection (b) herein, or
 for the distribution of funds from this set-aside for unanticipated state
 needs.
  (d)(1)        The General Assembly finds:
          (A) Determining the maximum amount of appropriation and funding for a
 state agency or institution each fiscal year is the prerogative of the
 General Assembly;
          (B)    Determining the maximum amount of appropriation and funding for a
 state agency or institution is usually accomplished by delineating the
 maximum amounts in the appropriation acts for the state agency or institution
 and in the general revenue allocations authorized for each relevant fund and
 fund account by amendment to the Revenue Stabilization Law,  19-5-101 et
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 seq.; and
      (C)    The Restricted Reserve Fund has established procedures for the
 transfer of funds to various funds and fund accounts for the efficient and
 effective operation of state government.
    (2)(A)   It is necessary and appropriate that the General Assembly
 maintain oversight by requiring prior approval of the Legislative Council or,
 if the General Assembly is in session, the Joint Budget Committee, as
 provided in  19-5-1263(c).
       (B)   The requirement of approval by the Legislative Council or, if the
 General Assembly is in session, the Joint Budget Committee, is not a
 severable part of  19-5-1263.
       (C)   If the requirement of approval by the Legislative Council or, if
 the General Assembly is in session, the Joint Budget Committee, is ruled
 unconstitutional by a court of competent jurisdiction,  19-5-1263(c)-(e) are
 void in their entirety.
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      SECTION 3. DO NOT CODIFY. TEMPORARY LANGUAGE. FUNDING TRANSFER.
 Immediately upon the effective date of this act the Chief Fiscal Officer of
 the State shall transfer on his or her books and those of the State Treasurer
 and the Auditor of State, a sum of fifty million dollars ($50,000,000) from
 the General Revenue Allotment Reserve Fund to the School Safety Set-Aside or
 Contingency Vote 3/5 Set-Aside sub-fund in the Restricted Reserve Fund.
      The provisions of this section shall be in effect only from July 1,
 2022 through June 30, 2023.
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      SECTION 4. COMPLIANCE WITH OTHER LAWS.     Disbursement of funds
 authorized by this act shall be limited to the appropriation for such agency
 and funds made available by law for the support of such appropriations; and
 the restrictions of the State Procurement Law, the General Accounting and
 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
 Procedures and Restrictions Act, or their successors, and other fiscal
 control laws of this State, where applicable, and regulations promulgated by
 the Department of Finance and Administration, as authorized by law, shall be
 strictly complied with in disbursement of said funds.
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      SECTION 5. LEGISLATIVE INTENT.     It is the intent of the General
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 Assembly that any funds disbursed under the authority of the appropriations
 contained in this act shall be in compliance with the stated reasons for
 which this act was adopted, as evidenced by the Agency Requests, Executive
 Recommendations and Legislative Recommendations contained in the budget
 manuals prepared by the Department of Finance and Administration, letters, or
 summarized oral testimony in the official minutes of the Arkansas Legislative
 Council or Joint Budget Committee which relate to its passage and adoption.
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      SECTION 6. EMERGENCY CLAUSE.   It is found and determined by the General
 Assembly of the State of Arkansas that the safety of students, teachers and
 the general public in Arkansas schools or other unanticipated state needs is
 of the utmost importance; that funds designated to improve and enhance school
 safety or other unanticipated state needs be made available; and that this
 act is immediately necessary to provide a funding mechanism to immediately
 address safety in Arkansas schools or other unanticipated state needs.
 Therefore, an emergency is declared to exist, and this act being immediately
 necessary for the preservation of the public peace, health, and safety shall
 become effective on:
            (1)   The date of its approval by the Governor;
            (2)   If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)   If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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                                APPROVED: 8/11/22
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