§ 19-5-501 - Fund generally.
               	 		
19-5-501.    Fund generally.
    (a)    (1)  There  is established on the books of the Treasurer of State, the Auditor of  State, and the Chief Fiscal Officer of the State a fund to be known as  the Budget Stabilization Trust Fund.
      (2)  The  Budget Stabilization Trust Fund shall consist of funds made available  and transferred to it from the Securities Reserve Fund as set out in     19-5-905 and this section, the fund balance and other assets remaining  in the State Budget Revolving Fund on June 30, 1987, and any other funds  made available by law. The Treasurer of State, after complying with     27-70-204 for distributing interest income earned from investment of  average daily balances of the State Highway and Transportation  Department Fund;    15-41-110 for distributing interest earned from  investment of average daily balances of the Game Protection Fund; and  any other laws enacted by the General Assembly for disposition of  interest income earned from investment of average daily State Treasury  balances, shall credit to the Budget Stabilization Trust Fund fifty  percent (50%) of the interest income received and credited to the  Securities Reserve Fund and credit to the General Improvement Fund fifty  percent (50%) of the interest income received and credited to the  Securities Reserve Fund as certified by the Chief Fiscal Officer of the  State.
(b)  The Budget Stabilization Trust Fund shall be used for the purpose of:
      (1)    (A)  Making  temporary loans to those funds and fund accounts as set out in     19-5-401 et seq., to the Department of Correction Farm Fund for farm  production purposes, to the Department of Correction Prison Industry  Fund, to the Department of Parks and Tourism Fund Account, to the Income  Tax Refund Fund, to the Gasoline Tax Refund Fund, to the Interstate  Motor Fuel Tax Refund Fund, and to the various funds established in the  Revenue Classification Law of Arkansas,    19-6-101 et seq., and any  other funds or fund accounts as may be specified elsewhere in this  section. The loans made to the funds and fund accounts set out in     19-5-401 et seq. shall be repaid on or before June 30 of the fiscal year  in which the loan is made, except as provided elsewhere in this  section.
            (B)  The loans made to  the Department of Correction Farm Fund are to be repaid on or before  June 30 of the fiscal year following the fiscal year in which the loan  was made after the amount of the outstanding loan made the previous  fiscal year has been reduced by the value of products produced or  processed on the farm that were consumed by inmates and other authorized  personnel, in amounts as determined and certified by the Legislative  Auditor to the Chief Fiscal Officer of the State. Processed beef  purchased by the Department of Correction must be U.S. labeled. The  value of products produced or processed on the farm that were consumed  by inmates and other authorized personnel shall be based upon prices  obtained by the Department of Correction and the State Procurement  Director for purchasing similar products and quantities on the open  market for other state agencies, institutions, and universities.  However, the Chief Fiscal Officer of the State may grant an extension  not to exceed sixty (60) days for repayment of loans made to the  Department of Correction Farm Fund upon receipt by the Chief Fiscal  Officer of the State of a certification by the Director of the  Department of Correction that farm products are held in storage or are  on hand that exceed in market value the amount of loans that are due,  and the Chief Fiscal Officer of the State may grant an additional  extension not to exceed sixty (60) days for repayment of the loan made  to the Department of Correction Farm Fund, after obtaining the advice of  the Legislative Council in regard to a request from the Department of  Correction for the additional sixty-day extension for repayment of the  loan. Loans made to the Department of Correction Prison Industry Fund  for operation expenses shall be repaid on or before June 30 of the  fiscal year in which the loan was made, but loans made for the purchase  of equipment necessary for implementing the various industries shall be  repaid from time to time.
            (C)  The  loans made to the Income Tax Refund Fund, to the Gasoline Tax Refund  Fund, to the Interstate Motor Fuel Tax Refund Fund, and to those other  funds established in the Revenue Classification Law,    19-6-101 et seq.,  are to be repaid on the last day of the month of which the loan was  made. However, loans made to the Department of Human Services Fund  during June of any fiscal year for making cash assistance payments to  eligible individuals under the Temporary Assistance for Needy Families  Program for delivery on or about July 1 of the following fiscal year  shall be repaid on or before July 31 of the fiscal year following the  fiscal year in which the loan was made; and loans made to the Department  of Human Services for the Developmental Disabilities Services Fund  Account and the Mental Health Services Fund Account in the last month of  a fiscal year for federal reimbursement for Medicaid and Medicare  eligible services shall be repaid immediately upon receipt of  reimbursement but no later than July 31 of the fiscal year following the  fiscal year in which the loan was made.
            (D)  The  maximum amount of funds that may be loaned to the funds established in  the Revenue Classification Law,    19-6-101 et seq., shall be  ninety-seven percent (97%) of the estimated revenues to be deposited  into the State Treasury during that month to the credit of the State  Apportionment Fund and which will become available to that operating  fund at the end of the month, excluding the Department of Correction  Farm Fund, the Department of Correction Prison Industry Fund, the  Department of Arkansas State Police Fund, and the State Forestry Fund.  Loans and distribution of general revenue funds made to the County Aid  Fund and the Municipal Aid Fund are to be made on the basis and to the  extent of the funds estimated to be available as set out in     19-5-402(a) so that an equal monthly distribution of general revenues is  made, based upon the Chief Fiscal Officer of the State's monthly  forecasts of general revenue distribution.
            (E)  Temporary  loans may be made to the institutions of higher education for  operational purposes. In making these loans, the following procedures  shall be applicable. The institutions of higher education shall submit  requests for loans to both the Director of the Department of Higher  Education and the Chief Fiscal Officer of the State setting forth the  need for the loan. The requests shall include at least the following:
                  (i)  The current total cash balance of all accounts of the requesting institution's cash funds;
                  (ii)  The reasons why the cash fund balances and their general revenue fund balances are insufficient to meet current obligations;
                  (iii)  The anticipated duration of the loan; and
                  (iv)  A proposed repayment schedule.
            (F)  The  Chief Fiscal Officer of the State and the Director of the Department of  Higher Education shall review the request for the loan. The Director of  the Department of Higher Education shall recommend, in writing, the  approval or disapproval of the loan and the reasons for the  recommendation to the Chief Fiscal Officer of the State. The Chief  Fiscal Officer of the State shall review the institution's request, the  funds available in the Budget Stabilization Trust Fund, and the  recommendation of the Director of the Department of Higher Education.  The Chief Fiscal Officer of the State may request such additional  information as is deemed necessary to make a determination as to whether  the request should be approved. If the Chief Fiscal Officer of the  State determines that the request is proper and necessary for the  operation of the institution and that sufficient funds are available,  the Chief Fiscal Officer of the State shall approve the request and  establish a repayment schedule for the loan. If the Chief Fiscal Officer  of the State determines that the loan is not necessary or required, or  that funds are not available, the Chief Fiscal Officer of the State  shall deny the request. The Chief Fiscal Officer of the State shall  communicate in writing to the institution and to the Director of the  Department of Higher Education the reasons for disapproval of the  requested loan. All loans made to the institutions of higher education  under the provisions of this subdivision shall be repaid in full by June  30 of the fiscal year in which the loan was made. In the event an  agency or program is established by the General Assembly which is to be  supported solely from other than general revenues or federal funds, the  Chief Fiscal Officer of the State may make a temporary loan from the  Budget Stabilization Trust Fund to the agency or program to the extent  necessary for carrying out the intent of the enabling legislation. The  amount of the loan shall be determined by the Chief Fiscal Officer of  the State and the loans shall be repaid in full by June 30 of the fiscal  year in which the loan was made;
      (2)  Making  transfers to the University of Arkansas Fund on account of interest on  the University of Arkansas Endowment Fund of an amount which, when added  to the interest earned on the investment of the endowment fund, shall  not exceed the sum of six thousand six hundred thirty-three dollars and  thirty-four cents ($6,633.34) during any fiscal year;
      (3)  Making  transfers to the State Military Department Fund Account of the State  General Government Fund as established in    19-5-302(2)(A)-(C) for the  purpose of providing reimbursement or immediate funding for expenses  incurred by the State Military Department on behalf of the National  Guard emergency call-up appropriation;
      (4)  Making  transfers to the General Improvement Fund as established in    19-5-1005  in order to provide supplemental funding for appropriations supported  from the General Improvement Fund as may be provided by law;
      (5)  Providing  funding, either in whole or in part, for programs as may be authorized  by the General Assembly and which are specified as being funded in whole  or in part from the Budget Stabilizaton Trust Fund;
      (6)  Making  transfers to the State Highway and Transportation Department Fund as  may be authorized by law and making transfers not to exceed one million  dollars ($1,000,000) in any one (1) fiscal year to provide the state's  proportionate share of each declared emergency or major disaster as  required by the federal Disaster Relief Act of 1974;
      (7)  Making  transfers to the Miscellaneous Revolving Fund, as established in     19-5-1009, to provide funding in whole or in part for appropriations  made payable from the Miscellaneous Revolving Fund;
      (8)  Making  temporary advances to the various federal accounts of state agencies  upon certification of the pending availability of federal funding by the  director of the state agency making the request. However, the requests  shall be limited to those occasions whereby the continued operations of  the state agency programs would be seriously impaired and unnecessary  hardships would be created due to either administrative oversight,  delays by the federal government in forwarding the moneys, or by  problems created by the federal fiscal year conversion. Furthermore,  upon receipt of the grant award authorizations or letter of credit  documents, the state agency director shall certify to the Chief Fiscal  Officer of the State the amounts of temporary advances to be recovered,  whereby the Chief Fiscal Officer of the State shall make recovery and  notify the Treasurer of State and the Auditor of State of the recovery.  Furthermore, the temporary advances shall be recovered on or before June  30 of the fiscal year in which the temporary advances were made; and
      (9)  Those functions formerly performed by the State Budget Revolving Fund.
(c)  In  addition to the purposes for which the Budget Stabilization Trust Fund  may be used as set forth in this section, the fund shall also be used to  make temporary loans to the Constitutional Officers Fund and the State  Central Services Fund. Loans made to the Constitutional Officers Fund  and the State Central Services Fund under the provisions of this section  shall be repaid on or before June 30 of the fiscal year in which the  loans are made.
(d)  The Chief Fiscal  Officer of the State is authorized to transfer up to a maximum of four  million dollars ($4,000,000) from the Budget Stabilization Trust Fund to  the State Central Services Fund, only in those instances when  obligations incurred by the State Central Services Fund are estimated to  exceed or are actually exceeding estimated or actual available  resources. The transfer shall also be utilized to provide a level of  funding, for those appropriations made payable from the State Central  Services Fund, equal to the previous year's expenditure or the current  year appropriation, whichever is less, in the event that income from all  sources does not provide that funding level. Any transfer made as  authorized in this section shall require the review and advice of the  Legislative Council prior to the transfer of those funds.