Arkansas § 15-5-213 - Correction Facilities Construction Fund.

§ 15-5-213. Correction Facilities Construction Fund.

There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the “Correction Facilities Construction Fund”. This fund shall be administered in accordance with the provisions of this section. The fund shall receive moneys payable from the Treasurer of State in accordance with § 15-5-422. All moneys deposited into the fund and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated and are to be used solely for acquisition and construction of regional correction facilities for use by the Division of Correction, specifically including a regional correction facility in Chicot County, which facility will be leased to and utilized by the division. The fund shall be held and the amounts therein invested by the authority only in accordance with this section. The moneys in the fund shall be invested by the authority in accordance with the restrictions established for the Bond Guaranty Reserve Account provided for in § 15-5-407. The fund and the moneys in the fund shall not be part of the general funds of the authority subject to claims of the general creditors of the authority. The fund may be pledged by the authority upon proper authorization of the Board of Directors of the Arkansas Development Finance Authority only to secure repayment of obligations of the authority, the proceeds of which are used to construct or acquire correction facilities as specified in subsection (b) of this section. After July 1, 2008, as the authority no longer has outstanding obligations, the proceeds of which have been used to construct and acquire correction facilities as specified in subsection (b) of this section, all amounts remaining in the fund shall be paid by the authority to the Treasurer of State. There is created within the fund an account entitled the “Correction Facilities Privatization Account”, and the Correction Facilities Privatization Account shall receive: Moneys payable from funds in the division as established in § 12-27-128; Such moneys as are transferred pursuant to § 22-3-1210(c); and Such cash funds of the division as are deemed necessary by the Chief Fiscal Officer of the State for the purposes established herein. All moneys deposited into the Correction Facilities Privatization Account and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated to be used solely for acquisition, construction, and rehabilitation of correction facilities for the use and benefit of the division or for payments to private contractors for the use of correction facilities by the division. The moneys deposited into the Correction Facilities Privatization Account shall not be subject to the provisions of subsection (d) of this section. The Correction Facilities Privatization Account shall not be subject to distribution to the Treasurer of State, and the Correction Facilities Privatization Account shall remain as an account of the authority.