Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 75 - ARKANSAS EMERGENCY SERVICES ACT OF 1973 (§§ 12-75-101 — 12-75-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-75-101 — 12-75-139) › Section 12-75-135 - Unanticipated discretionary federal funds related to statewide state of disaster emergency related to public health - Definition

(a)
(1)
The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly.
(2)
Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account.
(3)
It is both necessary and appropriate that the General Assembly maintain oversight by requiring review and approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section.
(b)
As used in this section, "statewide state of disaster emergency related to public health" means a state of disaster emergency declared by the Governor under this chapter related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes:
(1)
At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or
(2)
A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.
(c)
If the State of Arkansas receives unanticipated discretionary federal funds from the United States Government for the purposes of emergency management or disaster relief related to a statewide state of disaster emergency related to public health, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, may request that the Chief Fiscal Officer of the State submit a detailed plan for the distribution and use of the unanticipated discretionary federal funds before actual expenditures or obligations related to the unanticipated discretionary federal funds are incurred.
(d)
A request to the Chief Fiscal Officer of the State under subsection (c) of this section shall only be made if approved by a majority vote of a quorum present of the:
(1)
Legislative Council; or
(2)
Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.
(e)
(1)
Upon submitting a request under subsection (c) of this section and receiving a detailed plan for the distribution and use of the unanticipated discretionary federal funds, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, shall review the detailed plan for the distribution and use of the unanticipated discretionary federal funds within thirty (30) calendar days of the submission of the detailed plan.
(2)
The unanticipated discretionary federal funds shall not be distributed, expended, or otherwise obligated unless the detailed plan is approved by the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.
(3)
If the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, does not review the detailed plan submitted under subsection (c) of this section within thirty (30) calendar days of its submission, the Legislative Council or Joint Budget Committee shall be considered to have approved the detailed plan for the distribution and use of the unanticipated discretionary federal funds.
(f)
This section is supplemental to other laws applicable to the expenditure of unanticipated discretionary federal funds received by the state and does not repeal or supersede other required actions under Arkansas law.
Added by Act 2021, No. 446,§ 2, eff. 3/24/2021.