§ 19-12-108 - Creation and administration of the Tobacco Settlement Program Fund.
               	 		
19-12-108.    Creation and administration of the Tobacco Settlement Program Fund.
    (a)  There  is hereby created and established on the books of the Treasurer of  State, the Auditor of State, and the Chief Fiscal Officer of the State a  trust fund to be known as the "Tobacco Settlement Program Fund", which  fund shall be administered by the State Board of Finance. All moneys  deposited into the Tobacco Settlement Program Fund are hereby restricted  in their use and to be used solely as provided in this chapter. All  expenditures and obligations that are payable from the Tobacco  Settlement Program Fund and from each of the program accounts shall be  subject to the same fiscal control, accounting, budgetary, and  purchasing laws as are expenditures and obligations payable from other  State Treasury funds, except as specified otherwise in this chapter. The  Chief Fiscal Officer of the State may require additional controls,  procedures, and reporting requirements that he or she determines are  necessary to carry out the intent of this chapter.
(b)  There  shall be transferred from the Tobacco Settlement Cash Holding Fund to  the Tobacco Settlement Program Fund the amounts set forth for such  transfer as provided in    19-12-104.
(c)  Amounts  deposited into the Tobacco Settlement Program Fund shall, prior to the  distribution to the program accounts set forth in    19-12-108(d)(1), be  held and invested in investments pursuant to and in compliance with     19-12-103(c); provided, that all such investments must mature or be  redeemable without penalty on or prior to the next-succeeding June 30.
(d)    (1)  On  each July 1, the amounts deposited into the Tobacco Settlement Program  Fund, excluding investment earnings, shall be transferred to the various  program accounts as follows:
            (A)  Fifteen  and eight-tenths percent (15.8%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Targeted State Needs Program  Account;
            (B)  Twenty-two and  eight-tenths percent (22.8%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Arkansas Biosciences Institute  Program Account; and
            (C)  Twenty-nine  and eight-tenths percent (29.8%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Medicaid Expansion Program  Account.
      (2)    (A)  The  Prevention and Cessation Program Account may receive loans from the  Budget Stabilization Trust Fund, from time to time, in amounts  determined by the Chief Fiscal Officer of the State that shall not  exceed thirty-one and six-tenths percent (31.6%) of the amounts  estimated to be received in the Tobacco Settlement Program Fund during  the current fiscal year. This estimate shall not include moneys returned  to the Tobacco Settlement Program Fund pursuant to subdivision (e)(1)  of this section.
            (B)  The loans  shall be repaid from thirty-one and six-tenths percent (31.6%) of  amounts received in the Tobacco Settlement Program Fund during the  fiscal year in which the loans are made. The loans shall be repaid prior  to the end of the fiscal year. After the loans have been repaid, the  Prevention and Cessation Program Account shall be transferred the  difference between thirty-one and six-tenths percent (31.6%) of amounts  received in the Tobacco Settlement Program Fund during the fiscal year  in which the loans are made and the amount of the loans.
(e)    (1)  All  moneys distributed to the program accounts set forth in subdivision  (d)(1) of this section and remaining at the end of each fiscal biennium  shall be transferred to the Tobacco Settlement Program Fund by the  board. The amounts will be held in the Tobacco Settlement Program Fund  and then redeposited on July 1 as follows:
            (A)  Twenty-three  and one-tenth percent (23.1%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Targeted State Needs Program  Account;
            (B)  Thirty-three and  three-tenths percent (33.3%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Arkansas Biosciences Institute  Program Account; and
            (C)  Forty-three  and six-tenths percent (43.6%) of amounts in the Tobacco Settlement  Program Fund shall be transferred to the Medicaid Expansion Program  Account.
      (2)  However, if the  director of any agency receiving funds from the Tobacco Settlement  Program Fund determines that there is a need to retain a portion of the  amounts transferred under this section, the director may submit a  request and written justification to the Chief Fiscal Officer of the  State. Upon determination by the Chief Fiscal Officer of the State that  sufficient justification exists, and after certification by the Arkansas  Tobacco Settlement Commission that the program has met the criteria  established in    19-12-118, such amounts requested shall remain in the  account at the end of a biennium, there to be used for the purposes  established by this chapter; provided, that the Chief Fiscal Officer of  the State shall seek the review of the Legislative Council prior to  approval of any such request.
(f)  The  board shall invest all moneys held in the Tobacco Settlement Program  Fund and in each of the program accounts. All investment earnings on  such funds and accounts shall be transferred on each July 1 to a fund  hereby established and as a trust fund on the books of the Treasurer of  State, the Auditor of State, and the Chief Fiscal Officer of the State  and designated as the Arkansas Tobacco Settlement Commission Fund. Such  fund is to be a trust fund and administered by the board. All moneys  deposited into the Arkansas Tobacco Settlement Commission Fund are  hereby restricted in their use and to be used solely as provided in this  chapter. Amounts held in the Arkansas Tobacco Settlement Commission  Fund shall be used to pay the costs and expenses of the commission,  including the monitoring and evaluation program established pursuant to     19-12-118, and to provide grants as authorized in    19-12-117.