§ 19-5-106 - Transfer of funds.
19-5-106. Transfer of funds.
(a) The Chief Fiscal Officer of the State may direct a transfer of funds on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration for the following purposes:
(1) To correct accounting errors;
(2) To make loans to authorized funds, fund accounts, or accounts and to repay such loans when they become due and payable, all of which as may be authorized by law;
(3) To reimburse the Miscellaneous Revolving Fund or successor funds, fund accounts, or accounts for the payment of claims, refunds, or other authorized disbursements as may be authorized by law;
(4) For such other purposes as may be specifically authorized by law;
(5) (A) To transfer funds on deposit in the State Treasury containing operating moneys for any:
(i) Political entity, including any state agency, board, commission, department, institution, state-supported community college, college, or university;
(ii) Political subdivision of the state, including a regional, county, or municipal government; or
(iii) School district,
to the state agency responsible for administering federal social security and state retirement programs for public employees, public school teachers as defined by law, highway employees, and state police employees in such amounts as shall be certified as being due, including any penalties due to delinquency of obligations.
(B) (i) The head of the state agency responsible for administering the programs shall certify to the Chief Fiscal Officer of the State the agencies, funds, amounts involved, and any other pertinent information.
(ii) The Chief Fiscal Officer of the State shall then notify the Auditor of State and the Treasurer of State of the transfers;
(6) To transfer funds between state agencies and within state agencies in order to eliminate the double accounting of receipts and expenditures which occurs under the method of issuing vouchers; or
(7) (A) (i) If during either fiscal year of a biennium, the Quality Management Board [abolished] determines that as a result of the implementation of the Quality Management Program [abolished], a reallocation of resources within any agency of the executive branch is necessary for the efficient and effective operation of state government, the Chief Fiscal Officer of the State, with approval of the Governor, shall have the authority to transfer or reallocate funds within such agency, board, or commission.
(ii) The Chief Fiscal Officer of the State shall submit such transfers or reallocations to the Legislative Council for review prior to making any transfer or reallocation.
(B) If it is determined that a reallocation of resources should be made, the Chief Fiscal Officer of the State shall then initiate the necessary transfer documents to reflect the transfer or reallocation upon the fiscal records of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
(b) (1) The transfer document form shall be designed by the Chief Fiscal Officer of the State, with the approval of the Treasurer of State and the Auditor of State, and shall be designed in such form so as to be compatible with the accounting and coding systems of all three (3) offices.
(2) The transfer document as executed by the Chief Fiscal Officer of the State must bear his or her manual signature or the signature of a designated official of his or her office.
(3) In addition, there shall be stated in the document a clearly understood reason for the issuance of the transfer and the specific legal authority for the transfer.
(c) (1) The Treasurer of State is authorized and directed to issue an official transfer document, designed by him or her with the approval of the Chief Fiscal Officer of the State and the Auditor of State as to its form, for the purpose of distributing general and special revenues at the close of business each month.
(2) This document shall bear the manual signature of the Treasurer of State or his or her deputy.
(d) The Treasurer of State may refuse to make any transfer if, in his or her opinion, sufficient proof of the legality of the transfer is not provided.
(e) The Chief Fiscal Officer of the State may transfer moneys from the General Revenue Allotment Reserve Fund accruing thereto from year-end balances as authorized by 19-5-1004(b)(1) and (2), or from such other funds, fund accounts, or accounts when such fund balances may be transferred for the following purpose: In those instances in which the General Assembly authorizes carrying forward from one (1) fiscal year to the succeeding fiscal year, but not exceeding a two-year appropriation period in conformity with Arkansas Constitution, Article 5, 29, a transfer of moneys shall be made for reimbursing the fund, in accordance with the provisions of this subsection for the additional moneys expended resulting from the carry-forward provisions of this subsection.
(f) (1) The Chief Fiscal Officer of the State may remove any inactive funds, other than those funds or fund accounts established by law, upon determination that the funds have no appropriations or outstanding warrants and are therefore inactive, from the financial records of the State of Arkansas and to transfer any balances remaining in such funds to the General Revenue Allotment Reserve Fund.
(2) The Chief Fiscal Officer of the State shall notify the Treasurer of State and the Auditor of State of such transactions.
(3) The Chief Fiscal Officer of the State shall report to the Legislative Council and the Joint Budget Committee, during the month of November of each even-numbered year, the status of all inactive funds, along with his or her recommendation as to the disposition of such funds and balances maintained in them.