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20-7-408. Disposition of certain fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-7-408. Disposition of certain fees.
(a)(1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the “State Board of Health Laboratory Revenue Fund”.
(2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of §§ 19-4-801 — 19-4-803, 19-4-804 [repealed], 19-4-805, and 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter.
(b) Moneys held in the State Board of Health Laboratory Revenue Fund shall be withdrawn and deposited no less frequently than bimonthly as follows and in the following order of priority:
(1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year:
(A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and
(B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the “State Board of Health Laboratory Revenue Loan Fund”; and
(2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund.
(c)(1) All funds held in the State Board of Health Laboratory Revenue Fund, th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-7-408
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-7-408
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: afa803f77fdb46abef8075374d8ab0a6a162d22cfc031fb7d679531a886aa22d
Source location: content.xml paragraph 1909
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20-7-408. Disposition of certain fees.
(a)(1) Except as set forth in this subchapter, all fee revenues shall be treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited as and when received into a bank or banks approved by the State Board of Health or the Secretary of the Department of Health in an account or accounts of the board designated the “State Board of Health Laboratory Revenue Fund”.
(2) So long as the loan is outstanding, all moneys in the State Board of Health Laboratory Revenue Fund shall not be subject to the provisions of §§ 19-4-801 — 19-4-803, 19-4-804 [repealed], 19-4-805, and 19-4-806 and shall be deposited, handled, and disbursed as set forth in this subchapter.
(b) Moneys held in the State Board of Health Laboratory Revenue Fund shall be withdrawn and deposited no less frequently than bimonthly as follows and in the following order of priority:
(1) An annual amount sufficient to provide for principal, interest, servicing fees, and reserve requirements with respect to the loan but not to exceed two million six hundred thousand dollars ($2,600,000) per fiscal year:
(A) Before the commencement of the loan, in the State Board of Health Public Health Laboratory Construction Fund; and
(B) Beginning upon commencement of the loan, in an account or accounts in the name of the board or the Arkansas Development Finance Authority, as determined by the board and the authority, designated the “State Board of Health Laboratory Revenue Loan Fund”; and
(2) Any balance remaining shall be distributed fifty percent (50%) to the Public Health Fund and fifty percent (50%) to the State Health Department Building and Local Grant Trust Fund.
(c)(1) All funds held in the State Board of Health Laboratory Revenue Fund, the State Board of Health Laboratory Revenue Loan Fund, and the State Board of Health Public Health Laboratory Construction Fund shall be deemed to be cash funds, shall not be deposited into the State Treasury, and shall be transferred, deposited, and applied as set forth in this subchapter without the necessity of appropriation.
(2) All transfers from the State Board of Health Laboratory Revenue Fund and the State Board of Health Public Health Laboratory Construction Fund shall be made by or at the direction of the secretary.
(3) All transfers from the State Board of Health Laboratory Revenue Loan Fund shall be made by:
(A) The secretary; or
(B) The authority, if approved by the board.
(d) So long as the loan is outstanding, funds held in the State Board of Health Laboratory Revenue Loan Fund shall be used solely for the purpose of paying and providing for the principal of, interest on, and servicing fees, if any, in connection with the loan and providing for the creation and maintenance of necessary reserves. The funds may be pledged by the board to secure the loan and may be pledged and used by the authority to pay and secure bonds issued by the authority to finance the construction.
(e)(1) So long as the loan is outstanding, all fees shall be imposed and all fee revenues shall be collected and applied as provided in this subchapter.
(2) However, particular fees may be reduced or eliminated so long as remaining fees are increased or new fees are added to the end that the aggregate annual amount of fee revenues shall always equal at least three million dollars ($3,000,000).
(f) Upon payment or discharge of the loan and all bonds issued by the authority under this subchapter, the fees authorized by this subchapter shall be deposited into the State Health Department Building and Local Grant Trust Fund.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-4-801. Definitions.
As used in this subchapter:
(1) “Cash funds” means all moneys, negotiable instruments, certificates of indebtedness, stocks, and bonds held by or owned by any state agency which are not on deposit with or in the trust of the Treasurer of State; and
(2)(A) “State agency” means all boards, commissions, departments, agencies, institutions, offices or officers, state-supported institutions of higher education, and any other office or unit of government of the State of Arkansas created or established pursuant to law or pursuant to any action of the Governor, functioning under appropriation made by the General Assembly or functioning as a representative of the state without appropriation of the General Assembly.
(B) “State agency” shall not include the:
(i) Governor;
(ii) Secretary of State;
(iii) Attorney General;
(iv) Treasurer of State;
(v) Auditor of State;
(vi) Commissioner of State Lands;
(vii) Supreme Court and its justices;
(viii) Circuit courts and circuit judges;
(ix) Prosecuting attorneys;
(x) Arkansas State Game and Fish Commission;
(xi) Arkansas Department of Transportation;
(xii)(a) Office of the Arkansas Lottery.
(b) However, the office shall be considered a state agency for the purposes of § 19-4-810 et seq.;
(xiii) General Assembly; and
(xiv) Respective staffs of the officers and agencies listed in this subdivision (2)(B).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-801
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-4-801. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-4-803. Exemptions.
(a) The following are exempt from this subchapter:
(1) Funds required by the terms of a bond indenture to be held by paying agents for the payment of interest and principal on such bonds;
(2) Petty cash funds held by the various state agencies;
(3) Memorials, endowments, bequests, gifts, and donations made to any state agency other than for normal operation of the agency;
(4) Canteen funds of state agencies other than institutions of higher education, wherein the profits earned are used for the benefit of the people served by that agency through the purchase of services or goods other than normal salary or maintenance expenses of the agency;
(5) The Benefit Fund of the Division of Workforce Services;
(6) The Revenue Bond Guaranty Reserve Account of the Arkansas Economic Development Council;
(7) The Illegal Drug Purchase Account and the Confidential Accounts of the Division of Arkansas State Police;
(8) Patient funds, when the institution is acting in a trust capacity or when the funds are utilized for patient activities other than normal agency-provided services;
(9) The State Treasury Money Management Trust; and
(10) Any other funds determined by the Chief Fiscal Officer of the State or the General Assembly, to be held in trust and on deposit in a financial institution other than the State Treasury.
(b) The Division of Correction Plasma Center is exempt from provisions of this subchapter.
(c) The Arkansas Comprehensive Health Insurance Pool, created under the Comprehensive Health Insurance Pool Act, § 23-79-501 et seq., and its board of directors, and the Arkansas Property and Casualty Insurance Guaranty Fund and its advisory association, referenced under the Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-4-803. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-4-804. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 19-4-804. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-4-805. Investment of fund balances.
(a) The state-supported institutions of higher education shall have the right to determine the depositories and the nature of investments of any of their cash funds which are not currently needed for operating purposes. In making these determinations, these institutions shall seek to obtain the highest possible rate of return for their investments.
(b) All cash fund agencies other than the state-supported institutions of higher education shall request and abide by the recommendations of the State Board of Finance as to the best investment decisions for any idle cash balances.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-805
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-4-805. This identifies an authority to review, not proof of applicability.