Ark. Code Ann. § 19-5-1145 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1145
Arkansas Healthcare Transparency Initiative Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Healthcare Transparency Initiative Fund". (b) (1) The fund shall be an interest-bearing account and may be invested in the manner permitted by law, with the interest income a proper credit to the fund and which shall not revert to general revenue, unless otherwise designated in law. (2) The fund shall be overseen by the State Insurance Department and shall be used to pay all proper costs incurred in implementing the provisions of the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq. (c) The following moneys shall be paid into the fund: (1) Penalties imposed on submitting entities pursuant to the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., and rules promulgated under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.; (2) Appropriations from the General Assembly; and (3) All other subscription fees or payments made by third parties to the department for data access. (d) Activities of the Arkansas Healthcare Transparency Initiative Board and the availability of data as authorized in § 23-61-905(c)(1) are contingent upon available funding. Amended by Act 2017, No. 979,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1233,§ 2, eff. 4/7/2015.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Healthcare Transparency Initiative Fund".

(b) (1) The fund shall be an interest-bearing account and may be invested in the manner permitted by law, with the interest income a proper credit to the fund and which shall not revert to general revenue, unless otherwise designated in law. (2) The fund shall be overseen by the State Insurance Department and shall be used to pay all proper costs incurred in implementing the provisions of the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.

(1) The fund shall be an interest-bearing account and may be invested in the manner permitted by law, with the interest income a proper credit to the fund and which shall not revert to general revenue, unless otherwise designated in law.

(2) The fund shall be overseen by the State Insurance Department and shall be used to pay all proper costs incurred in implementing the provisions of the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.

(c) The following moneys shall be paid into the fund: (1) Penalties imposed on submitting entities pursuant to the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., and rules promulgated under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.; (2) Appropriations from the General Assembly; and (3) All other subscription fees or payments made by third parties to the department for data access.

(1) Penalties imposed on submitting entities pursuant to the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., and rules promulgated under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.;

(2) Appropriations from the General Assembly; and

(3) All other subscription fees or payments made by third parties to the department for data access.

(d) Activities of the Arkansas Healthcare Transparency Initiative Board and the availability of data as authorized in § 23-61-905(c)(1) are contingent upon available funding.

Amended by Act 2017, No. 979,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1233,§ 2, eff. 4/7/2015.
Ark. Code Ann. § 19-9-412 — AR Code / Title 19 / Chapter 9 / Subchapter 4 / Section 19-9-412
Reciprocal recognition for obligations
Status: in_force

Obligations issued by public entities under the laws of one (1) or more states, territories, possessions, or the District of Columbia, which are in registered form, whether or not represented by an instrument, and which, except for their form, satisfy the requirements with regard to security for deposits of moneys of public agencies prescribed pursuant to any law of this state, shall be deemed to satisfy all such requirements, even though they are in registered form, if a security interest in such obligations is perfected on behalf of the public agencies whose moneys are so deposited. Acts 1983, No. 786, § 10; A.S.A. 1947, § 13-2810.

Obligations issued by public entities under the laws of one (1) or more states, territories, possessions, or the District of Columbia, which are in registered form, whether or not represented by an instrument, and which, except for their form, satisfy the requirements with regard to security for deposits of moneys of public agencies prescribed pursuant to any law of this state, shall be deemed to satisfy all such requirements, even though they are in registered form, if a security interest in such obligations is perfected on behalf of the public agencies whose moneys are so deposited.

Acts 1983, No. 786, § 10; A.S.A. 1947, § 13-2810.
Ark. Code Ann. § 19-5-1137 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1137
Division of Environmental Quality Fee Trust Fund
Status: in_force

The Division of Environmental Quality Fee Trust Fund shall consist of those special revenues as specified in § 19-6-301 (104), there to be used to defray the costs of operating the Division of Environmental Quality as set out in §§ 8-1-101 - 8-1-107 . Amended by Act 2019, No. 910,§ 3198, eff. 7/1/2019. Acts 2009, No. 1440, § 4; 2009, No. 1441, § 4.

The Division of Environmental Quality Fee Trust Fund shall consist of those special revenues as specified in § 19-6-301 (104), there to be used to defray the costs of operating the Division of Environmental Quality as set out in §§ 8-1-101 - 8-1-107 .

Amended by Act 2019, No. 910,§ 3198, eff. 7/1/2019.

Acts 2009, No. 1440, § 4; 2009, No. 1441, § 4.
Ark. Code Ann. § 19-4-1401 — AR Code / Title 19 / Chapter 4 / Subchapter 14 / Section 19-4-1401
Notice required
Status: in_force

In all instances wherein the state has any interest whatsoever in construction work requiring bids, the notice provisions of §§ 22-9-201 - 22-9-204 shall be strictly complied with and observed. Nothing in this subchapter shall be construed to amend or repeal these statutes, except those emergency procedures provided by §§ 22-9-201 - 22-9-204 . Acts 1973, No. 876, § 22; A.S.A. 1947, § 13-348; Acts 1999, No. 776, § 3.

In all instances wherein the state has any interest whatsoever in construction work requiring bids, the notice provisions of §§ 22-9-201 - 22-9-204 shall be strictly complied with and observed. Nothing in this subchapter shall be construed to amend or repeal these statutes, except those emergency procedures provided by §§ 22-9-201 - 22-9-204 .

Acts 1973, No. 876, § 22; A.S.A. 1947, § 13-348; Acts 1999, No. 776, § 3.
Ark. Code Ann. § 19-6-417 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-417
Department of Health Plumbers Licensing Fund
Status: in_force

The Department of Health Plumbers Licensing Fund shall consist of those special revenues as specified in § 19-6-301(64) , there to be used for the maintenance, operation, and improvement required by the Plumbing Section of the Environmental Health Services Division of the Department of Health in carrying out the powers, functions, and duties as set out in § 17-38-101 et seq., and for paying the expenses of administering such funds as may be authorized by law. Acts 1973, No. 808, § 14; A.S.A. 1947, § 13-503.13.

The Department of Health Plumbers Licensing Fund shall consist of those special revenues as specified in § 19-6-301(64) , there to be used for the maintenance, operation, and improvement required by the Plumbing Section of the Environmental Health Services Division of the Department of Health in carrying out the powers, functions, and duties as set out in § 17-38-101 et seq., and for paying the expenses of administering such funds as may be authorized by law.

Acts 1973, No. 808, § 14; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-11-1013 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1013
[Repealed]
Status: repealed

Repealed by Act 2019, No. 418,§ 7, eff. 7/24/2019. Added by Act 2015, No. 557,§ 8, eff. 8/1/2015.

Repealed by Act 2019, No. 418,§ 7, eff. 7/24/2019.

Added by Act 2015, No. 557,§ 8, eff. 8/1/2015.
Ark. Code Ann. § 19-5-1241 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1241
Trial Court Administrator Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous revenue fund to be known as the "Trial Court Administrator Fund". (b) The Trial Court Administrator Fund shall consist of those moneys transferred from the State Administration of Justice Fund, the first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of the prosecuting attorney, and other moneys as authorized by law. (c) The Trial Court Administrator Fund shall be used for paying and reimbursing: (1) Trial court administrators under § 16-13-3301 et seq.; and (2) Substitute trial court administrators under § 16-10-801 et seq. Amended by Act 2015, No. 268,§ 12, eff. 7/1/2015. Amended by Act 2014, No. 299,§ 6, eff. 7/1/2014. Amended by Act 2014, No. 290,§ 6, eff. 7/1/2014. Acts 2009, No. 1328, § 4.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous revenue fund to be known as the "Trial Court Administrator Fund".

(b) The Trial Court Administrator Fund shall consist of those moneys transferred from the State Administration of Justice Fund, the first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of the prosecuting attorney, and other moneys as authorized by law.

(c) The Trial Court Administrator Fund shall be used for paying and reimbursing: (1) Trial court administrators under § 16-13-3301 et seq.; and (2) Substitute trial court administrators under § 16-10-801 et seq.

(1) Trial court administrators under § 16-13-3301 et seq.; and

(2) Substitute trial court administrators under § 16-10-801 et seq.

Amended by Act 2015, No. 268,§ 12, eff. 7/1/2015.

Amended by Act 2014, No. 299,§ 6, eff. 7/1/2014.

Amended by Act 2014, No. 290,§ 6, eff. 7/1/2014.

Acts 2009, No. 1328, § 4.
Ark. Code Ann. § 19-11-714 — AR Code / Title 19 / Chapter 11 / Subchapter 7 / Section 19-11-714
Recovery of value transferred or received in breach of ethical standards
Status: repealed

(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee. (b) Recovery of Kickbacks by the State. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state and will be recoverable under this subchapter from the recipient. In addition, this value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery from other offending parties. Amended by Act 2019, No. 315,§ 1788, eff. 7/24/2019. Acts 1979, No. 483, § 13; A.S.A. 1947, § 14-1113.

(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this subchapter, or rules promulgated under this subchapter, by an employee or a nonemployee may be recovered from both the employee and the nonemployee.

(b) Recovery of Kickbacks by the State. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state and will be recoverable under this subchapter from the recipient. In addition, this value may also be recovered from the subcontractor making such kickbacks. Recovery from one (1) offending party shall not preclude recovery from other offending parties.

Amended by Act 2019, No. 315,§ 1788, eff. 7/24/2019.

Acts 1979, No. 483, § 13; A.S.A. 1947, § 14-1113.
Ark. Code Ann. § 19-5-1024 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1024
Public Service Commission Tax Division Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Public Service Commission Tax Division Fund". (b) The Public Service Commission Tax Division Fund shall be used for the maintenance, operations, and improvement of the Tax Division of the Arkansas Public Service Commission in carrying out its functions, powers, and duties as set out by law and by rules not inconsistent with law. (c) The Public Service Commission Tax Division Fund shall consist of: (1) The proportion due the Tax Division of the Arkansas Public Service Commission of those ad valorem taxes levied on rolling stock as set out in §§ 26-26-1614 - 26-26-1616 , as prescribed in § 19-5-906 ; (2) Moneys transferred from the Public Service Commission Fund in such amount as provided by this section in order to support those activities of the Tax Division of the Arkansas Public Service Commission that relate to the assessment and levying of taxes on utility property; and (3) Moneys transferred from the Miscellaneous Agencies Fund Account in an amount that shall not exceed the difference between the total appropriation provided by the General Assembly for the Tax Division of the Arkansas Public Service Commission and the aggregate total of: (A) The prior year remaining balance in the Public Service Commission Tax Division Fund; and (B) The transfer provided from the Public Service Commission Fund. (d) On July 1 of each fiscal year, the amount of the transfer from the Public Service Commission Fund to the Public Service Commission Tax Division Fund shall be in an amount which is equal to sixty-five percent (65%) of the difference between the total appropriation provided by the General Assembly for personal services and operating expenses of the Tax Division of the Arkansas Public Service Commission for the current fiscal year and the balance remaining in the Public Service Commission Tax Division Fund on the immediately preceding June 30. Amended by Act 2019, No. 315,§ 1745, eff. 7/24/2019. Acts 1985, No. 352, §§ 1, 2; A.S.A. 1947, §§ 13-531.1, 13-531.2; Acts 2009, No. 251, § 16.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Public Service Commission Tax Division Fund".

(b) The Public Service Commission Tax Division Fund shall be used for the maintenance, operations, and improvement of the Tax Division of the Arkansas Public Service Commission in carrying out its functions, powers, and duties as set out by law and by rules not inconsistent with law.

(c) The Public Service Commission Tax Division Fund shall consist of: (1) The proportion due the Tax Division of the Arkansas Public Service Commission of those ad valorem taxes levied on rolling stock as set out in §§ 26-26-1614 - 26-26-1616 , as prescribed in § 19-5-906 ; (2) Moneys transferred from the Public Service Commission Fund in such amount as provided by this section in order to support those activities of the Tax Division of the Arkansas Public Service Commission that relate to the assessment and levying of taxes on utility property; and (3) Moneys transferred from the Miscellaneous Agencies Fund Account in an amount that shall not exceed the difference between the total appropriation provided by the General Assembly for the Tax Division of the Arkansas Public Service Commission and the aggregate total of: (A) The prior year remaining balance in the Public Service Commission Tax Division Fund; and (B) The transfer provided from the Public Service Commission Fund.

(1) The proportion due the Tax Division of the Arkansas Public Service Commission of those ad valorem taxes levied on rolling stock as set out in §§ 26-26-1614 - 26-26-1616 , as prescribed in § 19-5-906 ;

(2) Moneys transferred from the Public Service Commission Fund in such amount as provided by this section in order to support those activities of the Tax Division of the Arkansas Public Service Commission that relate to the assessment and levying of taxes on utility property; and

(3) Moneys transferred from the Miscellaneous Agencies Fund Account in an amount that shall not exceed the difference between the total appropriation provided by the General Assembly for the Tax Division of the Arkansas Public Service Commission and the aggregate total of: (A) The prior year remaining balance in the Public Service Commission Tax Division Fund; and (B) The transfer provided from the Public Service Commission Fund.

(A) The prior year remaining balance in the Public Service Commission Tax Division Fund; and

(B) The transfer provided from the Public Service Commission Fund.

(d) On July 1 of each fiscal year, the amount of the transfer from the Public Service Commission Fund to the Public Service Commission Tax Division Fund shall be in an amount which is equal to sixty-five percent (65%) of the difference between the total appropriation provided by the General Assembly for personal services and operating expenses of the Tax Division of the Arkansas Public Service Commission for the current fiscal year and the balance remaining in the Public Service Commission Tax Division Fund on the immediately preceding June 30.

Amended by Act 2019, No. 315,§ 1745, eff. 7/24/2019.

Acts 1985, No. 352, §§ 1, 2; A.S.A. 1947, §§ 13-531.1, 13-531.2; Acts 2009, No. 251, § 16.
Ark. Code Ann. § 19-2-304 — AR Code / Title 19 / Chapter 2 / Subchapter 3 / Section 19-2-304
Recording of amounts due
Status: in_force

Each state agency shall record upon its books of record the amounts due it for delivery of goods and services, licenses, unpaid taxes, student loans, special assessments, accounts receivable, and notes receivable that are recognized by the state agency as due and payable or recognized as current-year income or as an asset that is due and payable upon a date ascertained. Acts 1983, No. 497, § 4; A.S.A. 1947, § 13-370.

Each state agency shall record upon its books of record the amounts due it for delivery of goods and services, licenses, unpaid taxes, student loans, special assessments, accounts receivable, and notes receivable that are recognized by the state agency as due and payable or recognized as current-year income or as an asset that is due and payable upon a date ascertained.

Acts 1983, No. 497, § 4; A.S.A. 1947, § 13-370.
Ark. Code Ann. § 19-6-449 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-449
Arkansas Wheat Promotion Fund
Status: in_force

The Arkansas Wheat Promotion Fund shall consist of those special revenues as specified in § 19-6-301 (127), there to be used for the operation of the Arkansas Wheat Promotion Board as set out in §§ 2-20-601 - 2-20-609 . Acts 1973, No. 808, § 14; 1985, No. 888, § 14; A.S.A. 1947, § 13-503.13.

The Arkansas Wheat Promotion Fund shall consist of those special revenues as specified in § 19-6-301 (127), there to be used for the operation of the Arkansas Wheat Promotion Board as set out in §§ 2-20-601 - 2-20-609 .

Acts 1973, No. 808, § 14; 1985, No. 888, § 14; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-3-703 — AR Code / Title 19 / Chapter 3 / Subchapter 7 / Section 19-3-703
Meetings - Quorum - Staff
Status: in_force

(a) (1) Meetings of the State Board of Finance shall be held: (A) At least quarterly: (i) Upon the call of the Governor or by any three (3) or more members; and (ii) Upon advance notice to each member; and (B) At a place that is convenient for the board. (2) The meetings shall be conducted in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq., and complete records of the proceedings shall be kept. (b) (1) Seven (7) members shall constitute a quorum for the transaction of business. (2) The affirmative vote of a majority of members present is required to adopt a motion or resolution. (c) The staff of an elected or appointed official of the board may provide any assistance requested by the board. Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.

(a) (1) Meetings of the State Board of Finance shall be held: (A) At least quarterly: (i) Upon the call of the Governor or by any three (3) or more members; and (ii) Upon advance notice to each member; and (B) At a place that is convenient for the board. (2) The meetings shall be conducted in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq., and complete records of the proceedings shall be kept.

(1) Meetings of the State Board of Finance shall be held: (A) At least quarterly: (i) Upon the call of the Governor or by any three (3) or more members; and (ii) Upon advance notice to each member; and (B) At a place that is convenient for the board.

(A) At least quarterly: (i) Upon the call of the Governor or by any three (3) or more members; and (ii) Upon advance notice to each member; and

(i) Upon the call of the Governor or by any three (3) or more members; and

(ii) Upon advance notice to each member; and

(B) At a place that is convenient for the board.

(2) The meetings shall be conducted in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq., and complete records of the proceedings shall be kept.

(b) (1) Seven (7) members shall constitute a quorum for the transaction of business. (2) The affirmative vote of a majority of members present is required to adopt a motion or resolution.

(1) Seven (7) members shall constitute a quorum for the transaction of business.

(2) The affirmative vote of a majority of members present is required to adopt a motion or resolution.

(c) The staff of an elected or appointed official of the board may provide any assistance requested by the board.

Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 19-11-266 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-266
High efficiency lighting - Preference - Definitions
Status: in_force

(a) (1) The General Assembly finds: (A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities; (B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usage; and (C) Prudent use of taxpayer dollars dictates that the State of Arkansas should be at the forefront of implementing energy-efficient devices in facilities operated with public funds. (2) The intent of this section is to promote the use of high efficiency lighting in facilities operated with public funds when feasible. (b) As used in this section: (1) (A) "Fluorescent lamp" means a gas-discharge lamp that: (i) Utilizes a magnetic, electronic, or other ballast; and (ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light. (B) "Fluorescent lamp" includes without limitation a compact fluorescent lamp; (2) "High efficiency lighting" means fluorescent lamp or solid state lighting; (3) "Solid state lighting" means a light device that utilizes light-emitting diodes, organic light-emitting diodes, or polymer light-emitting diodes as sources of illumination rather than electrical filaments or gas; and (4) (A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds. (B) "State agency" includes the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts. (c) Whenever a state agency purchases or requires a bid for the purchase of an indoor lamp, a preference for high efficiency lighting shall be exercised if the use of high efficiency lighting is technically feasible and the price is competitive with consideration given to the long-term cost effectiveness and savings of high efficiency lighting. (d) (1) The goal of state agencies for the percentage of purchased indoor lamps that are high efficiency lighting shall be one hundred percent (100%) by January 1, 2008. (2) The Office of State Procurement shall prepare an annual report to the Legislative Council of the state's progress in meeting the goals for the purchase of high efficiency lighting. Acts 2007, No. 1597, § 1.

(a) (1) The General Assembly finds: (A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities; (B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usage; and (C) Prudent use of taxpayer dollars dictates that the State of Arkansas should be at the forefront of implementing energy-efficient devices in facilities operated with public funds. (2) The intent of this section is to promote the use of high efficiency lighting in facilities operated with public funds when feasible.

(1) The General Assembly finds: (A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities; (B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usage; and (C) Prudent use of taxpayer dollars dictates that the State of Arkansas should be at the forefront of implementing energy-efficient devices in facilities operated with public funds.

(A) The expansion of state government makes it one of the state's leading purchasers of lighting commodities;

(B) Recent technological developments have produced energy-efficient devices that reduce energy costs through a reduction in energy usage; and

(C) Prudent use of taxpayer dollars dictates that the State of Arkansas should be at the forefront of implementing energy-efficient devices in facilities operated with public funds.

(2) The intent of this section is to promote the use of high efficiency lighting in facilities operated with public funds when feasible.

(b) As used in this section: (1) (A) "Fluorescent lamp" means a gas-discharge lamp that: (i) Utilizes a magnetic, electronic, or other ballast; and (ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light. (B) "Fluorescent lamp" includes without limitation a compact fluorescent lamp; (2) "High efficiency lighting" means fluorescent lamp or solid state lighting; (3) "Solid state lighting" means a light device that utilizes light-emitting diodes, organic light-emitting diodes, or polymer light-emitting diodes as sources of illumination rather than electrical filaments or gas; and (4) (A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds. (B) "State agency" includes the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts.

(1) (A) "Fluorescent lamp" means a gas-discharge lamp that: (i) Utilizes a magnetic, electronic, or other ballast; and (ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light. (B) "Fluorescent lamp" includes without limitation a compact fluorescent lamp;

(A) "Fluorescent lamp" means a gas-discharge lamp that: (i) Utilizes a magnetic, electronic, or other ballast; and (ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light.

(i) Utilizes a magnetic, electronic, or other ballast; and

(ii) Uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light.

(B) "Fluorescent lamp" includes without limitation a compact fluorescent lamp;

(2) "High efficiency lighting" means fluorescent lamp or solid state lighting;

(3) "Solid state lighting" means a light device that utilizes light-emitting diodes, organic light-emitting diodes, or polymer light-emitting diodes as sources of illumination rather than electrical filaments or gas; and

(4) (A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds. (B) "State agency" includes the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts.

(A) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds.

(B) "State agency" includes the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts.

(c) Whenever a state agency purchases or requires a bid for the purchase of an indoor lamp, a preference for high efficiency lighting shall be exercised if the use of high efficiency lighting is technically feasible and the price is competitive with consideration given to the long-term cost effectiveness and savings of high efficiency lighting.

(d) (1) The goal of state agencies for the percentage of purchased indoor lamps that are high efficiency lighting shall be one hundred percent (100%) by January 1, 2008. (2) The Office of State Procurement shall prepare an annual report to the Legislative Council of the state's progress in meeting the goals for the purchase of high efficiency lighting.

(1) The goal of state agencies for the percentage of purchased indoor lamps that are high efficiency lighting shall be one hundred percent (100%) by January 1, 2008.

(2) The Office of State Procurement shall prepare an annual report to the Legislative Council of the state's progress in meeting the goals for the purchase of high efficiency lighting.

Acts 2007, No. 1597, § 1.
Ark. Code Ann. § 19-6-813 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-813
Military Funeral Honors Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Military Funeral Honors Fund". (b) (1) All moneys collected under § 27-24-209(d)(7) shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) The fund also shall consist of any other revenues authorized by law. (c) The fund shall be used by the Department of Veterans Affairs to assist with the cost of providing military funeral honors at veterans' funerals. Acts 2009, No. 784, § 2.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Military Funeral Honors Fund".

(b) (1) All moneys collected under § 27-24-209(d)(7) shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) The fund also shall consist of any other revenues authorized by law.

(1) All moneys collected under § 27-24-209(d)(7) shall be deposited into the State Treasury to the credit of the fund as special revenues.

(2) The fund also shall consist of any other revenues authorized by law.

(c) The fund shall be used by the Department of Veterans Affairs to assist with the cost of providing military funeral honors at veterans' funerals.

Acts 2009, No. 784, § 2.
Ark. Code Ann. § 19-4-816 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-816
Contracts for procurement of commodities and services
Status: in_force

Each state agency which is authorized by law or under the purchasing procedures of this state to enter into contract for the procurement of property, commodities, or services shall keep on file in its respective place of business a copy of such contract for public inspection or audit and shall make a copy of any such contract available to the Chief Fiscal Officer of the State when so required by him or her. Acts 1991, No. 21, § 1; 2001, No. 1453, § 23.

Each state agency which is authorized by law or under the purchasing procedures of this state to enter into contract for the procurement of property, commodities, or services shall keep on file in its respective place of business a copy of such contract for public inspection or audit and shall make a copy of any such contract available to the Chief Fiscal Officer of the State when so required by him or her.

Acts 1991, No. 21, § 1; 2001, No. 1453, § 23.
Ark. Code Ann. § 19-6-838 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-838
Domestic Violence Shelter Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Domestic Violence Shelter Fund". (b) The fund shall be used to provide funding for statewide grants awarded to a statewide domestic violence entity under the Arkansas Domestic Violence Shelter Act, § 9-6-101 et seq. (c) The fund shall consist of: (1) The special revenues collected under § 9-15-202(d) and § 16-10-305(h) ; (2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (3) Any other revenues authorized by law. Added by Act 2017, No. 583,§ 6, eff. 8/1/2017.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Domestic Violence Shelter Fund".

(b) The fund shall be used to provide funding for statewide grants awarded to a statewide domestic violence entity under the Arkansas Domestic Violence Shelter Act, § 9-6-101 et seq.

(c) The fund shall consist of: (1) The special revenues collected under § 9-15-202(d) and § 16-10-305(h) ; (2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (3) Any other revenues authorized by law.

(1) The special revenues collected under § 9-15-202(d) and § 16-10-305(h) ;

(2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and

(3) Any other revenues authorized by law.

Added by Act 2017, No. 583,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 19-8-102 — AR Code / Title 19 / Chapter 8 / Subchapter 1 / Section 19-8-102
Legal funds
Status: in_force

The legal funds referred to in §§ 19-8-101 - 19-8-107 as being eligible for deposit in depositories shall include any and all funds that may come into the hands of all treasurers, collectors, commissioners, sheriffs, clerks, and receivers by reason of their official capacities as commissioners. Amended by Act 2017, No. 712,§ 5, eff. 8/1/2017. Acts 1935, No. 21, § 4; Pope's Dig., § 4330; Acts 1973, No. 89, § 2; A.S.A. 1947, § 13-804.

The legal funds referred to in §§ 19-8-101 - 19-8-107 as being eligible for deposit in depositories shall include any and all funds that may come into the hands of all treasurers, collectors, commissioners, sheriffs, clerks, and receivers by reason of their official capacities as commissioners.

Amended by Act 2017, No. 712,§ 5, eff. 8/1/2017.

Acts 1935, No. 21, § 4; Pope's Dig., § 4330; Acts 1973, No. 89, § 2; A.S.A. 1947, § 13-804.
Ark. Code Ann. § 19-5-945 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-945
Court Awards Fund
Status: in_force

(a) 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 "Court Awards Fund". (b) The fund shall consist of state and federal asset forfeitures. (c) The fund shall be used for expenditures of the Division of Arkansas State Police for the respective purposes as provided by law. Amended by Act 2017, No. 818,§ 1, eff. 8/1/2017. Acts 1987, No. 1037, § 10.

(a) 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 "Court Awards Fund".

(b) The fund shall consist of state and federal asset forfeitures.

(c) The fund shall be used for expenditures of the Division of Arkansas State Police for the respective purposes as provided by law.

Amended by Act 2017, No. 818,§ 1, eff. 8/1/2017.

Acts 1987, No. 1037, § 10.
Ark. Code Ann. § 19-8-308 — AR Code / Title 19 / Chapter 8 / Subchapter 3 / Section 19-8-308
Authorized common trust fund investments
Status: in_force

A trust created under this subchapter may invest moneys held for the credit of a common trust fund in the same manner as cities under §§ 19-1-504 and 19-1-505 and according to the investment policy adopted by the board of directors of the trust. Acts 1993, No. 583, § 8; 2011, No. 629, § 3.

A trust created under this subchapter may invest moneys held for the credit of a common trust fund in the same manner as cities under §§ 19-1-504 and 19-1-505 and according to the investment policy adopted by the board of directors of the trust.

Acts 1993, No. 583, § 8; 2011, No. 629, § 3.
Ark. Code Ann. § 19-6-461 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-461
[Repealed]
Status: repealed

Repealed by Act 2017, No. 720,§ 7, eff. 8/1/2017. Acts 1993, No. 1072, § 8.

Repealed by Act 2017, No. 720,§ 7, eff. 8/1/2017.

Acts 1993, No. 1072, § 8.
Ark. Code Ann. § 19-6-435 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-435
Arkansas Nuclear Planning and Response Fund
Status: in_force

The Arkansas Nuclear Planning and Response Fund shall consist of those special revenues as specified in § 19-6-301(60) , there to be used for the operation and maintenance of the Arkansas Nuclear Planning and Response Program, as set out in § 20-21-401 et seq. Acts 1973, No. 808, § 14; 1983, No. 222, § 6; A.S.A. 1947, § 13-503.13.

The Arkansas Nuclear Planning and Response Fund shall consist of those special revenues as specified in § 19-6-301(60) , there to be used for the operation and maintenance of the Arkansas Nuclear Planning and Response Program, as set out in § 20-21-401 et seq.

Acts 1973, No. 808, § 14; 1983, No. 222, § 6; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-7-703 — AR Code / Title 19 / Chapter 7 / Subchapter 7 / Section 19-7-703
Loan provision
Status: in_force

(a) It is found and determined that the continued operations of the Title XX Services Program of the Department of Human Services, in accordance with the approved annual operations plan, are, from time to time, seriously impaired by either administrative oversights and delays by the United States Office of Grants Management or by the processes of federal fiscal year conversion. It is further found and determined that such delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state. Therefore, upon certification of the pending availability of federal funding by the Secretary of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances, the maximum amount not to exceed five million dollars ($5,000,000), from the Budget Stabilization Trust Fund to the appropriate account of the Department of Human Services so affected by such delays. (b) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days such temporary advances upon receipt of the grant award authorizations or letter of credit instruments. Amended by Act 2019, No. 910,§ 5168, eff. 7/1/2019. Acts 1981, No. 538, § 6; A.S.A. 1947, § 13-745.

(a) It is found and determined that the continued operations of the Title XX Services Program of the Department of Human Services, in accordance with the approved annual operations plan, are, from time to time, seriously impaired by either administrative oversights and delays by the United States Office of Grants Management or by the processes of federal fiscal year conversion. It is further found and determined that such delays in the proper preparation and transmittal of federal grant award authorizations and letter of credit instruments have created unnecessary hardships on the providers of services and the needy citizens of this state. Therefore, upon certification of the pending availability of federal funding by the Secretary of the Department of Human Services, the Chief Fiscal Officer of the State may grant temporary advances, the maximum amount not to exceed five million dollars ($5,000,000), from the Budget Stabilization Trust Fund to the appropriate account of the Department of Human Services so affected by such delays.

(b) The Chief Fiscal Officer of the State shall recover within a period of twenty (20) days such temporary advances upon receipt of the grant award authorizations or letter of credit instruments.

Amended by Act 2019, No. 910,§ 5168, eff. 7/1/2019.

Acts 1981, No. 538, § 6; A.S.A. 1947, § 13-745.
Ark. Code Ann. § 19-1-301 — AR Code / Title 19 / Chapter 1 / Subchapter 3 / Section 19-1-301
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "fiscal impact statement" means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, rule, policy, order, or administrative law upon municipalities or counties to which the proposed law, rule, policy, order, or administrative law applies. Amended by Act 2019, No. 315,§ 1693, eff. 7/24/2019. Acts 1977, No. 221, § 1; A.S.A. 1947, § 13-2301.

As used in this subchapter, unless the context otherwise requires, "fiscal impact statement" means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, rule, policy, order, or administrative law upon municipalities or counties to which the proposed law, rule, policy, order, or administrative law applies.

Amended by Act 2019, No. 315,§ 1693, eff. 7/24/2019.

Acts 1977, No. 221, § 1; A.S.A. 1947, § 13-2301.
Ark. Code Ann. § 19-8-302 — AR Code / Title 19 / Chapter 8 / Subchapter 3 / Section 19-8-302
Purpose
Status: in_force

The purpose of this subchapter is to permit local governments in Arkansas to join together to establish trusts for joint investment of moneys not currently needed so as to enhance their investment opportunities and increase investment earnings. This subchapter shall be deemed to provide an additional and alternative method of investment for local governments. It is supplemental to existing investment authority. Acts 1993, No. 583, § 2.

The purpose of this subchapter is to permit local governments in Arkansas to join together to establish trusts for joint investment of moneys not currently needed so as to enhance their investment opportunities and increase investment earnings. This subchapter shall be deemed to provide an additional and alternative method of investment for local governments. It is supplemental to existing investment authority.

Acts 1993, No. 583, § 2.
Ark. Code Ann. § 19-1-607 — AR Code / Title 19 / Chapter 1 / Subchapter 6 / Section 19-1-607
Documentation and notification of violation - Remedial action
Status: in_force

(a) After completing the investigation, if the agency determines that there has been a violation of the fiscal responsibility and management laws, the facts and circumstances relating to a violation and any corrective or remedial action taken shall be documented and placed in the personnel files of the public officer or employee involved in the violation. (b) The agency shall notify the public officer or employee of its findings and any corrective or remedial action to be taken. Notification shall be made in a manner ensuring actual notice to the public officer or employee. The public officer or employee shall be notified that the failure to make corrective or remedial action within thirty (30) days after the date of notification creates the rebuttable presumption that the violation was committed knowingly. (c) The public officer or employee violating a fiscal responsibility and management law shall be given not more than thirty (30) days after notification to effect corrective or remedial action recommended by the agency. Failure to make corrective or remedial action within thirty (30) days after notification creates the rebuttable presumption that the violation was committed knowingly. Acts 1991, No. 280, §§ 5-7.

(a) After completing the investigation, if the agency determines that there has been a violation of the fiscal responsibility and management laws, the facts and circumstances relating to a violation and any corrective or remedial action taken shall be documented and placed in the personnel files of the public officer or employee involved in the violation.

(b) The agency shall notify the public officer or employee of its findings and any corrective or remedial action to be taken. Notification shall be made in a manner ensuring actual notice to the public officer or employee. The public officer or employee shall be notified that the failure to make corrective or remedial action within thirty (30) days after the date of notification creates the rebuttable presumption that the violation was committed knowingly.

(c) The public officer or employee violating a fiscal responsibility and management law shall be given not more than thirty (30) days after notification to effect corrective or remedial action recommended by the agency. Failure to make corrective or remedial action within thirty (30) days after notification creates the rebuttable presumption that the violation was committed knowingly.

Acts 1991, No. 280, §§ 5-7.
Ark. Code Ann. § 19-7-501 — AR Code / Title 19 / Chapter 7 / Subchapter 5 / Section 19-7-501
Title
Status: in_force

This subchapter shall be cited and referred to as the "Miscellaneous Federal Grant Act". Acts 1983, No. 346, § 1; A.S.A. 1947, § 13-754.

This subchapter shall be cited and referred to as the "Miscellaneous Federal Grant Act".

Acts 1983, No. 346, § 1; A.S.A. 1947, § 13-754.
Ark. Code Ann. § 19-5-998 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-998
Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund - Definitions
Status: in_force

(a) Fund Created. (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the "Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund" to consist of funds transferred therein from the Remedial Action Trust Fund and such other funds as are made available by law. (2) The Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be used by the State Plant Board to defray the costs of developing and implementing a plan for the disposal of abandoned agricultural pesticides and plant regulators. (b) Intent of Fund. The General Assembly intends to provide a method for disposal of agricultural pesticides which have been abandoned due to a change of ownership of the real property or a change in agricultural practices in a region of the state. (c) Definitions. As used in this section: (1) "Abandoned" means chemicals which are no longer used and for which there is no planned use; (2) "Agricultural pesticide" means any substance or mixture of substances: (A) Intended for: (i) Preventing, destroying, repelling or mitigating any pests; or (ii) Use as a plant regulator, defoliant, or desiccant; and (B) Intended to be used as a spray adjuvant; and (3) (A) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. (B) The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. Acts 1999, No. 420, §§ 3-5; 2010, No. 262, § 8; 2010, No. 296, § 8.

(a) Fund Created. (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the "Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund" to consist of funds transferred therein from the Remedial Action Trust Fund and such other funds as are made available by law. (2) The Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be used by the State Plant Board to defray the costs of developing and implementing a plan for the disposal of abandoned agricultural pesticides and plant regulators.

(1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the "Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund" to consist of funds transferred therein from the Remedial Action Trust Fund and such other funds as are made available by law.

(2) The Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be used by the State Plant Board to defray the costs of developing and implementing a plan for the disposal of abandoned agricultural pesticides and plant regulators.

(b) Intent of Fund. The General Assembly intends to provide a method for disposal of agricultural pesticides which have been abandoned due to a change of ownership of the real property or a change in agricultural practices in a region of the state.

(c) Definitions. As used in this section: (1) "Abandoned" means chemicals which are no longer used and for which there is no planned use; (2) "Agricultural pesticide" means any substance or mixture of substances: (A) Intended for: (i) Preventing, destroying, repelling or mitigating any pests; or (ii) Use as a plant regulator, defoliant, or desiccant; and (B) Intended to be used as a spray adjuvant; and (3) (A) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. (B) The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(1) "Abandoned" means chemicals which are no longer used and for which there is no planned use;

(2) "Agricultural pesticide" means any substance or mixture of substances: (A) Intended for: (i) Preventing, destroying, repelling or mitigating any pests; or (ii) Use as a plant regulator, defoliant, or desiccant; and (B) Intended to be used as a spray adjuvant; and

(A) Intended for: (i) Preventing, destroying, repelling or mitigating any pests; or (ii) Use as a plant regulator, defoliant, or desiccant; and

(i) Preventing, destroying, repelling or mitigating any pests; or

(ii) Use as a plant regulator, defoliant, or desiccant; and

(B) Intended to be used as a spray adjuvant; and

(3) (A) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. (B) The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(A) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof.

(B) The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

Acts 1999, No. 420, §§ 3-5; 2010, No. 262, § 8; 2010, No. 296, § 8.
Ark. Code Ann. § 19-5-919 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-919
Arkansas Public Employees' Retirement Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Public Employees' Retirement Fund". (b) The fund shall consist of trust funds as provided by law. (c) The fund shall be used for the payment of personal services, operating expenses, investments, benefits, refunds, and for such other purposes as may be authorized by law. Acts 1973, No. 750, § 8; 1981, No. 938, § 19; A.S.A. 1947, § 13-531.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Public Employees' Retirement Fund".

(b) The fund shall consist of trust funds as provided by law.

(c) The fund shall be used for the payment of personal services, operating expenses, investments, benefits, refunds, and for such other purposes as may be authorized by law.

Acts 1973, No. 750, § 8; 1981, No. 938, § 19; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-5-1070 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1070
Arkansas Agricultural Marketing Grants Fund
Status: in_force

(a) 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 "Arkansas Agricultural Marketing Grants Fund". (b) The fund shall consist of the fees specified by § 19-6-839(b) and such moneys as may be provided by law, there to be used for making payments of grants to eligible Arkansas wineries with respect to the purchase of grapes, fruits, berries, or vegetables produced in this state and purchased for use in this state for the production of wine. Amended by Act 2019, No. 1050,§ 4, eff. 7/24/2019. Acts 1995, No. 1163, § 27.

(a) 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 "Arkansas Agricultural Marketing Grants Fund".

(b) The fund shall consist of the fees specified by § 19-6-839(b) and such moneys as may be provided by law, there to be used for making payments of grants to eligible Arkansas wineries with respect to the purchase of grapes, fruits, berries, or vegetables produced in this state and purchased for use in this state for the production of wine.

Amended by Act 2019, No. 1050,§ 4, eff. 7/24/2019.

Acts 1995, No. 1163, § 27.
Ark. Code Ann. § 19-6-829 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-829
Road and Bridge Repair, Maintenance, and Grants Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Road and Bridge Repair, Maintenance, and Grants Fund". (b) The fund shall consist of: (1) Moneys collected under § 26-58-124 , as designated under § 26-58-124(c)(2) ; and (2) Any other revenues authorized by law. (c) The fund shall be used for the maintenance, operation, and improvement required by the Arkansas Department of Transportation in carrying out the functions, powers, and duties stated in Arkansas Constitution, Amendment 42, §§ 27-65-102 - 27-65-107 , 27-65-110 , 27-65-122 , and 27-65-124 , and the other laws of this state prescribing the powers and duties of the department and the State Highway Commission. Amended by Act 2017, No. 1019,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 56, eff. 8/1/2017. Added by Act 2015, No. 536,§ 3, eff. 7/1/2015.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Road and Bridge Repair, Maintenance, and Grants Fund".

(b) The fund shall consist of: (1) Moneys collected under § 26-58-124 , as designated under § 26-58-124(c)(2) ; and (2) Any other revenues authorized by law.

(1) Moneys collected under § 26-58-124 , as designated under § 26-58-124(c)(2) ; and

(2) Any other revenues authorized by law.

(c) The fund shall be used for the maintenance, operation, and improvement required by the Arkansas Department of Transportation in carrying out the functions, powers, and duties stated in Arkansas Constitution, Amendment 42, §§ 27-65-102 - 27-65-107 , 27-65-110 , 27-65-122 , and 27-65-124 , and the other laws of this state prescribing the powers and duties of the department and the State Highway Commission.

Amended by Act 2017, No. 1019,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 56, eff. 8/1/2017.

Added by Act 2015, No. 536,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 19-5-1275 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1275
Philanthropic Investment in Arkansas Kids Academic Accountability Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Philanthropic Investment in Arkansas Kids Academic Accountability Fund". (b) The fund shall consist of: (1) Moneys obtained from private or public grants, gifts, or donations that are designated to be credited to the fund; and (2) Any other funds authorized or provided by law. (c) The fund shall be used by the Division of Elementary and Secondary Education to create and maintain the Philanthropic Investment in Arkansas Kids Program under the Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq. (d) Moneys remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year. Added by Act 2021, No. 904,§ 2, eff. 7/28/2021.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Philanthropic Investment in Arkansas Kids Academic Accountability Fund".

(b) The fund shall consist of: (1) Moneys obtained from private or public grants, gifts, or donations that are designated to be credited to the fund; and (2) Any other funds authorized or provided by law.

(1) Moneys obtained from private or public grants, gifts, or donations that are designated to be credited to the fund; and

(2) Any other funds authorized or provided by law.

(c) The fund shall be used by the Division of Elementary and Secondary Education to create and maintain the Philanthropic Investment in Arkansas Kids Program under the Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.

(d) Moneys remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year.

Added by Act 2021, No. 904,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 19-11-245 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-245
Debarment or suspension
Status: in_force

(a) Applicability. This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment. (b) (1) (A) (i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state. (ii) The debarment shall not be for a period of more than three (3) years. (B) (i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment. (ii) The suspension shall not be for a period exceeding three (3) months. (2) The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director. (c) The causes for debarment or suspension because of unsuitability for award of a contract shall be set forth in rules promulgated by the director. (d) The director or the head of a procurement agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken. (e) Notice of Decision. A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the debarred or suspended person and any other party intervening. (f) Finality of Decision. A decision under subsection (d) of this section shall be final and conclusive. Amended by Act 2019, No. 315,§ 1778, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1777, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1776, eff. 7/24/2019. Acts 1979, No. 482, § 58; A.S.A. 1947, § 14-277; Acts 2001, No. 1237, § 35; 2003, No. 487, § 8.

(a) Applicability. This section applies to debarment for cause from consideration for award of contracts, or a suspension from such consideration during an investigation, when there is probable cause for such a debarment.

(b) (1) (A) (i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state. (ii) The debarment shall not be for a period of more than three (3) years. (B) (i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment. (ii) The suspension shall not be for a period exceeding three (3) months. (2) The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director.

(1) (A) (i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state. (ii) The debarment shall not be for a period of more than three (3) years. (B) (i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment. (ii) The suspension shall not be for a period exceeding three (3) months.

(A) (i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state. (ii) The debarment shall not be for a period of more than three (3) years.

(i) After reasonable notice to the person involved and reasonable opportunity for that person to have a hearing before a committee according to rules promulgated by the State Procurement Director, the director or the head of a procurement agency shall have authority to debar a person for cause from consideration for award of contracts, provided that doing so is in the best interests of the state.

(ii) The debarment shall not be for a period of more than three (3) years.

(B) (i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment. (ii) The suspension shall not be for a period exceeding three (3) months.

(i) The same officer shall have authority to suspend a person from consideration for award of contracts, provided that doing so is in the best interests of the state and there is probable cause for debarment.

(ii) The suspension shall not be for a period exceeding three (3) months.

(2) The authority to debar or suspend shall be exercised in accordance with rules promulgated by the director.

(c) The causes for debarment or suspension because of unsuitability for award of a contract shall be set forth in rules promulgated by the director.

(d) The director or the head of a procurement agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken.

(e) Notice of Decision. A copy of the decision under subsection (d) of this section shall be mailed or otherwise furnished within five (5) days after it is written to the debarred or suspended person and any other party intervening.

(f) Finality of Decision. A decision under subsection (d) of this section shall be final and conclusive.

Amended by Act 2019, No. 315,§ 1778, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1777, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1776, eff. 7/24/2019.

Acts 1979, No. 482, § 58; A.S.A. 1947, § 14-277; Acts 2001, No. 1237, § 35; 2003, No. 487, § 8.
Ark. Code Ann. § 19-5-1143 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1143
Social Innovation Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Social Innovation Fund". (b) The fund shall consist of: (1) Any loans, investments, or other amounts received by the Department of Community Correction under the Pay-for-Success Act, § 12-27-201 et seq.; (2) Grants made by any person or federal government agency; and (3) Any other funds authorized or provided by law. (c) The fund shall be used by the department to make any payments required under the Pay-for-Success Act, § 12-27-201 et seq. Added by Act 2015, No. 895,§ 42, eff. 4/1/2015.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Social Innovation Fund".

(b) The fund shall consist of: (1) Any loans, investments, or other amounts received by the Department of Community Correction under the Pay-for-Success Act, § 12-27-201 et seq.; (2) Grants made by any person or federal government agency; and (3) Any other funds authorized or provided by law.

(1) Any loans, investments, or other amounts received by the Department of Community Correction under the Pay-for-Success Act, § 12-27-201 et seq.;

(2) Grants made by any person or federal government agency; and

(3) Any other funds authorized or provided by law.

(c) The fund shall be used by the department to make any payments required under the Pay-for-Success Act, § 12-27-201 et seq.

Added by Act 2015, No. 895,§ 42, eff. 4/1/2015.
Ark. Code Ann. § 19-6-447 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-447
DNA Detection Fund
Status: in_force

The DNA Detection Fund shall consist of those special revenues as specified in § 19-6-301 (197), there to be used for the administration of the State Convicted Offender DNA Data Base Act, § 12-12-1101 et seq. Acts 1999, No. 282, § 10.

The DNA Detection Fund shall consist of those special revenues as specified in § 19-6-301 (197), there to be used for the administration of the State Convicted Offender DNA Data Base Act, § 12-12-1101 et seq.

Acts 1999, No. 282, § 10.
Ark. Code Ann. § 19-6-841 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-841
Feral Hog Eradication Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Feral Hog Eradication Fund". (b) The fund shall consist of: (1) Fines collected under § 2-38-504 ; and (2) Any other revenues as may be authorized by law. (c) The fund shall be used by the Department of Agriculture for expenses associated with the eradication efforts to eliminate feral hogs. Amended by Act 2021, No. 692,§ 5, eff. 7/28/2021. Added by Act 2019, No. 991,§ 6, eff. 7/24/2019.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Feral Hog Eradication Fund".

(b) The fund shall consist of: (1) Fines collected under § 2-38-504 ; and (2) Any other revenues as may be authorized by law.

(1) Fines collected under § 2-38-504 ; and

(2) Any other revenues as may be authorized by law.

(c) The fund shall be used by the Department of Agriculture for expenses associated with the eradication efforts to eliminate feral hogs.

Amended by Act 2021, No. 692,§ 5, eff. 7/28/2021.

Added by Act 2019, No. 991,§ 6, eff. 7/24/2019.
Ark. Code Ann. § 19-7-102 — AR Code / Title 19 / Chapter 7 / Subchapter 1 / Section 19-7-102
Legislative review of federal programs
Status: in_force

(a) The Legislative Council shall review the quarterly reports filed by the Secretary of the Department of Finance and Administration as required in § 19-7-101 and shall submit its findings and recommendations to each succeeding regular session of the General Assembly for enabling legislation to implement, restrict, or prohibit the state's participation in any such new federal program or expanded federal program which was implemented by contract or agreement entered into by the Governor subsequent to the adjournment of the preceding session of the General Assembly. (b) (1) In the event the next regular session of the General Assembly shall fail to prohibit or restrict the state's participation in any such new or expanded program implemented by contract or agreement signed by the Governor with the United States Government during the interim between the immediately preceding regular session of the General Assembly, then the state may continue to participate in that federal program. (2) On the other hand, if the General Assembly shall restrict or prohibit the state's participation in any such new or expanded federal program implemented by contract or agreement subsequent to the last regular session, it shall be unlawful for the state to continue to participate in, or to expend any state funds in connection with, any such program. All contracts or agreements entered into by the Governor or any department or agency of the state acting under authority of the Governor shall be void, and the state's participation therein shall cease upon the adjournment of the General Assembly or at such later date if a later date for the termination of the state's participation therein has been prescribed by law. Amended by Act 2019, No. 910,§ 3470, eff. 7/1/2019. Acts 1971, No. 191, § 2; A.S.A. 1947, § 13-734.

(a) The Legislative Council shall review the quarterly reports filed by the Secretary of the Department of Finance and Administration as required in § 19-7-101 and shall submit its findings and recommendations to each succeeding regular session of the General Assembly for enabling legislation to implement, restrict, or prohibit the state's participation in any such new federal program or expanded federal program which was implemented by contract or agreement entered into by the Governor subsequent to the adjournment of the preceding session of the General Assembly.

(b) (1) In the event the next regular session of the General Assembly shall fail to prohibit or restrict the state's participation in any such new or expanded program implemented by contract or agreement signed by the Governor with the United States Government during the interim between the immediately preceding regular session of the General Assembly, then the state may continue to participate in that federal program. (2) On the other hand, if the General Assembly shall restrict or prohibit the state's participation in any such new or expanded federal program implemented by contract or agreement subsequent to the last regular session, it shall be unlawful for the state to continue to participate in, or to expend any state funds in connection with, any such program. All contracts or agreements entered into by the Governor or any department or agency of the state acting under authority of the Governor shall be void, and the state's participation therein shall cease upon the adjournment of the General Assembly or at such later date if a later date for the termination of the state's participation therein has been prescribed by law.

(1) In the event the next regular session of the General Assembly shall fail to prohibit or restrict the state's participation in any such new or expanded program implemented by contract or agreement signed by the Governor with the United States Government during the interim between the immediately preceding regular session of the General Assembly, then the state may continue to participate in that federal program.

(2) On the other hand, if the General Assembly shall restrict or prohibit the state's participation in any such new or expanded federal program implemented by contract or agreement subsequent to the last regular session, it shall be unlawful for the state to continue to participate in, or to expend any state funds in connection with, any such program. All contracts or agreements entered into by the Governor or any department or agency of the state acting under authority of the Governor shall be void, and the state's participation therein shall cease upon the adjournment of the General Assembly or at such later date if a later date for the termination of the state's participation therein has been prescribed by law.

Amended by Act 2019, No. 910,§ 3470, eff. 7/1/2019.

Acts 1971, No. 191, § 2; A.S.A. 1947, § 13-734.
Ark. Code Ann. § 19-11-1304 — AR Code / Title 19 / Chapter 11 / Subchapter 13 / Section 19-11-1304
Retrospective review of partial equity ownership agreement to ensure disclosure
Status: in_force

(a) Before April 7, 2009, if a state retirement system has entered into a partial equity ownership agreement that has not been submitted previously for review under § 19-11-101 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., or § 19-11-801 et seq., then the partial equity ownership agreement shall be reviewed retrospectively under this section. (b) The board of trustees of a state retirement system shall submit information that the Office of State Procurement or the Legislative Council may reasonably require to allow a retrospective review of a partial equity ownership agreement under this section. Acts 2009, No. 1211, § 2.

(a) Before April 7, 2009, if a state retirement system has entered into a partial equity ownership agreement that has not been submitted previously for review under § 19-11-101 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., or § 19-11-801 et seq., then the partial equity ownership agreement shall be reviewed retrospectively under this section.

(b) The board of trustees of a state retirement system shall submit information that the Office of State Procurement or the Legislative Council may reasonably require to allow a retrospective review of a partial equity ownership agreement under this section.

Acts 2009, No. 1211, § 2.
Ark. Code Ann. § 19-5-1116 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1116
Tobacco Settlement Program Fund
Status: in_force

(a) 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 "Tobacco Settlement Program Fund". (b) (1) The Tobacco Settlement Program Fund shall consist of those moneys deposited from the Tobacco Settlement Cash Holding Fund provided in § 19-12-104 and interest earnings. (2) The Tobacco Settlement Program Fund shall be used for the transfer of funds to the various funds and fund accounts set out in § 19-12-108 , administered by the State Board of Finance. Acts 2001, No. 1646, § 11.

(a) 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 "Tobacco Settlement Program Fund".

(b) (1) The Tobacco Settlement Program Fund shall consist of those moneys deposited from the Tobacco Settlement Cash Holding Fund provided in § 19-12-104 and interest earnings. (2) The Tobacco Settlement Program Fund shall be used for the transfer of funds to the various funds and fund accounts set out in § 19-12-108 , administered by the State Board of Finance.

(1) The Tobacco Settlement Program Fund shall consist of those moneys deposited from the Tobacco Settlement Cash Holding Fund provided in § 19-12-104 and interest earnings.

(2) The Tobacco Settlement Program Fund shall be used for the transfer of funds to the various funds and fund accounts set out in § 19-12-108 , administered by the State Board of Finance.

Acts 2001, No. 1646, § 11.
Ark. Code Ann. § 19-6-501 — AR Code / Title 19 / Chapter 6 / Subchapter 5 / Section 19-6-501
Trust fund income
Status: in_force

Trust fund income shall consist of any amounts deposited into the State Treasury, with the exception of the proceeds of the sale or redemption of securities. The amounts shall be deposited to the credit of any of the trust funds which are dedicated by law for specific purposes, the sources of which are not derived from general or special revenues. Trust fund income shall include ad valorem taxes collected by the state for the sole benefit of local governmental units. Acts 1973, No. 808, § 9; A.S.A. 1947, § 13-503.8.

Trust fund income shall consist of any amounts deposited into the State Treasury, with the exception of the proceeds of the sale or redemption of securities. The amounts shall be deposited to the credit of any of the trust funds which are dedicated by law for specific purposes, the sources of which are not derived from general or special revenues. Trust fund income shall include ad valorem taxes collected by the state for the sole benefit of local governmental units.

Acts 1973, No. 808, § 9; A.S.A. 1947, § 13-503.8.
Ark. Code Ann. § 19-5-1142 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1142
Nonmunicipal Domestic Sewage Treatment Works Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Nonmunicipal Domestic Sewage Treatment Works Trust Fund". (b) The fund shall consist of: (1) Funds appropriated by the General Assembly; (2) Trust fund contribution fees under § 8-4-203(b) ; (3) Grants made by any person, state agency, or federal government agency; (4) Gifts and donations; and (5) Interest earned on the moneys deposited into the fund. (c) (1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works. (2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to: (A) Take remedial action, including without limitation corrective action; (B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works; (C) Maintain and operate a nonmunicipal domestic sewage treatment works; or (D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b) . (3) The fund may be used by the division to do the following: (A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b) ; (B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and (C) Pay reasonable costs and expenses of the division for administering the fund. Amended by Act 2019, No. 910,§ 3200, eff. 7/1/2019. Amended by Act 2017, No. 987,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 263,§ 4, eff. 8/1/2017. Added by Act 2015, No. 575,§ 4, eff. 7/22/2015.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Nonmunicipal Domestic Sewage Treatment Works Trust Fund".

(b) The fund shall consist of: (1) Funds appropriated by the General Assembly; (2) Trust fund contribution fees under § 8-4-203(b) ; (3) Grants made by any person, state agency, or federal government agency; (4) Gifts and donations; and (5) Interest earned on the moneys deposited into the fund.

(1) Funds appropriated by the General Assembly;

(2) Trust fund contribution fees under § 8-4-203(b) ;

(3) Grants made by any person, state agency, or federal government agency;

(4) Gifts and donations; and

(5) Interest earned on the moneys deposited into the fund.

(c) (1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works. (2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to: (A) Take remedial action, including without limitation corrective action; (B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works; (C) Maintain and operate a nonmunicipal domestic sewage treatment works; or (D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b) . (3) The fund may be used by the division to do the following: (A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b) ; (B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and (C) Pay reasonable costs and expenses of the division for administering the fund.

(1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works.

(2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to: (A) Take remedial action, including without limitation corrective action; (B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works; (C) Maintain and operate a nonmunicipal domestic sewage treatment works; or (D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b) .

(A) Take remedial action, including without limitation corrective action;

(B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works;

(C) Maintain and operate a nonmunicipal domestic sewage treatment works; or

(D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b) .

(3) The fund may be used by the division to do the following: (A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b) ; (B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and (C) Pay reasonable costs and expenses of the division for administering the fund.

(A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b) ;

(B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and

(C) Pay reasonable costs and expenses of the division for administering the fund.

Amended by Act 2019, No. 910,§ 3200, eff. 7/1/2019.

Amended by Act 2017, No. 987,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 263,§ 4, eff. 8/1/2017.

Added by Act 2015, No. 575,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 19-5-1218 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1218
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1024,§ 6, eff. 7/1/2019. Repealed by Act 2019, No. 998,§ 6, eff. 7/1/2019. Acts 2001, No. 1384, § 3.

Repealed by Act 2019, No. 1024,§ 6, eff. 7/1/2019.

Repealed by Act 2019, No. 998,§ 6, eff. 7/1/2019.

Acts 2001, No. 1384, § 3.
Ark. Code Ann. § 19-5-1248 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1248
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 56, eff. 7/1/2023. Acts 2011, No. 1232, § 3.

Repealed by Act 2023, No. 365,§ 56, eff. 7/1/2023.

Acts 2011, No. 1232, § 3.
Ark. Code Ann. § 19-4-304 — AR Code / Title 19 / Chapter 4 / Subchapter 3 / Section 19-4-304
Regular and fiscal session preparations
Status: in_force

(a) Immediately after July 1 of each even-numbered calendar year, or earlier if determined necessary, the Secretary of the Department of Finance and Administration shall: (1) Issue budget information forms, budget estimating instructions, and a budget calendar which has been approved by the Legislative Council, plus a budget policy letter from the Governor containing some or all of the following: (A) Establishing maximum limitations on expenditures for the year in which estimates are being requested; (B) Setting out the policies which will determine the Governor's priorities in the allocation of available resources; (C) Outlining the effects of economic changes pertaining to price levels, population changes, and pending federal legislation; and (D) Containing a review of current fiscal conditions and a prognostication of fiscal conditions for the future; (2) (A) Visit and inspect the properties and facilities of any or all state agencies and request the administrative head or any employee of the agency to appear before him or her to explain any matters concerning the budgetary and program requirements of the agency. (B) If any agency fails or refuses to furnish any information with respect to budget estimates or program formulation, as and when it shall be requested by the Chief Fiscal Officer of the State, then he or she shall have the authority to prepare and submit his or her own recommendations as to the budgetary or program requirements of the agency; (3) Assist agencies in the preparation of their budget proposals. This assistance may include: (A) Technical assistance; (B) Organization of materials; (C) Centrally collected accounting, budgeting, personnel, and purchasing information standards and guidelines; (D) Population and other required data; and (E) Any other assistance that will help the agencies produce the information necessary for efficient agency management and decision making by the General Assembly and the Governor or the Governor-elect; (4) Analyze the budget estimates to evaluate and assess the priority and accuracy of agency requests in relation to policy and program objectives and the financial condition of the state and make recommendations for modifications and revision of the budget request if, in their opinion, the facts before them would justify such proposed revisions. The Chief Fiscal Officer of the State in making recommended changes shall not alter the original request unless requested to do so by the administrative head of the agency affected but shall report the original request, together with his or her own recommendations and the reasons therefor, to the Governor, so that all agency budget estimates may be made available to the Governor or Governor-elect, the Legislative Council, and the General Assembly for their consideration; (5) Prepare an estimate of the general and special revenues for the next fiscal year, along with comparative data for the then-current fiscal year and past fiscal year; and (6) Submit the budget studies, together with his or her recommendations, to the Legislative Council and to the Governor or Governor-elect for such further recommendations as the Governor or Governor-elect may care to make. (b) The secretary shall submit the annual revenue forecast to the Legislative Council: (1) By December 1 of the year preceding a fiscal session that is held in a year in which the preferential primary election will be held in May under § 7-7-203 ; (2) By February 1 of a year preceding a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 ; and (3) No later than sixty (60) days before the start of a regular session. Amended by Act 2019, No. 545,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3452, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3451, eff. 7/1/2019. Amended by Act 2015EX1, No. 5,§ 4, eff. 8/27/2013, expires 12/31/2016. Acts 1973, No. 876, § 6; A.S.A. 1947, § 13-332; Acts 2009, No. 962, § 38.

(a) Immediately after July 1 of each even-numbered calendar year, or earlier if determined necessary, the Secretary of the Department of Finance and Administration shall: (1) Issue budget information forms, budget estimating instructions, and a budget calendar which has been approved by the Legislative Council, plus a budget policy letter from the Governor containing some or all of the following: (A) Establishing maximum limitations on expenditures for the year in which estimates are being requested; (B) Setting out the policies which will determine the Governor's priorities in the allocation of available resources; (C) Outlining the effects of economic changes pertaining to price levels, population changes, and pending federal legislation; and (D) Containing a review of current fiscal conditions and a prognostication of fiscal conditions for the future; (2) (A) Visit and inspect the properties and facilities of any or all state agencies and request the administrative head or any employee of the agency to appear before him or her to explain any matters concerning the budgetary and program requirements of the agency. (B) If any agency fails or refuses to furnish any information with respect to budget estimates or program formulation, as and when it shall be requested by the Chief Fiscal Officer of the State, then he or she shall have the authority to prepare and submit his or her own recommendations as to the budgetary or program requirements of the agency; (3) Assist agencies in the preparation of their budget proposals. This assistance may include: (A) Technical assistance; (B) Organization of materials; (C) Centrally collected accounting, budgeting, personnel, and purchasing information standards and guidelines; (D) Population and other required data; and (E) Any other assistance that will help the agencies produce the information necessary for efficient agency management and decision making by the General Assembly and the Governor or the Governor-elect; (4) Analyze the budget estimates to evaluate and assess the priority and accuracy of agency requests in relation to policy and program objectives and the financial condition of the state and make recommendations for modifications and revision of the budget request if, in their opinion, the facts before them would justify such proposed revisions. The Chief Fiscal Officer of the State in making recommended changes shall not alter the original request unless requested to do so by the administrative head of the agency affected but shall report the original request, together with his or her own recommendations and the reasons therefor, to the Governor, so that all agency budget estimates may be made available to the Governor or Governor-elect, the Legislative Council, and the General Assembly for their consideration; (5) Prepare an estimate of the general and special revenues for the next fiscal year, along with comparative data for the then-current fiscal year and past fiscal year; and (6) Submit the budget studies, together with his or her recommendations, to the Legislative Council and to the Governor or Governor-elect for such further recommendations as the Governor or Governor-elect may care to make.

(1) Issue budget information forms, budget estimating instructions, and a budget calendar which has been approved by the Legislative Council, plus a budget policy letter from the Governor containing some or all of the following: (A) Establishing maximum limitations on expenditures for the year in which estimates are being requested; (B) Setting out the policies which will determine the Governor's priorities in the allocation of available resources; (C) Outlining the effects of economic changes pertaining to price levels, population changes, and pending federal legislation; and (D) Containing a review of current fiscal conditions and a prognostication of fiscal conditions for the future;

(A) Establishing maximum limitations on expenditures for the year in which estimates are being requested;

(B) Setting out the policies which will determine the Governor's priorities in the allocation of available resources;

(C) Outlining the effects of economic changes pertaining to price levels, population changes, and pending federal legislation; and

(D) Containing a review of current fiscal conditions and a prognostication of fiscal conditions for the future;

(2) (A) Visit and inspect the properties and facilities of any or all state agencies and request the administrative head or any employee of the agency to appear before him or her to explain any matters concerning the budgetary and program requirements of the agency. (B) If any agency fails or refuses to furnish any information with respect to budget estimates or program formulation, as and when it shall be requested by the Chief Fiscal Officer of the State, then he or she shall have the authority to prepare and submit his or her own recommendations as to the budgetary or program requirements of the agency;

(A) Visit and inspect the properties and facilities of any or all state agencies and request the administrative head or any employee of the agency to appear before him or her to explain any matters concerning the budgetary and program requirements of the agency.

(B) If any agency fails or refuses to furnish any information with respect to budget estimates or program formulation, as and when it shall be requested by the Chief Fiscal Officer of the State, then he or she shall have the authority to prepare and submit his or her own recommendations as to the budgetary or program requirements of the agency;

(3) Assist agencies in the preparation of their budget proposals. This assistance may include: (A) Technical assistance; (B) Organization of materials; (C) Centrally collected accounting, budgeting, personnel, and purchasing information standards and guidelines; (D) Population and other required data; and (E) Any other assistance that will help the agencies produce the information necessary for efficient agency management and decision making by the General Assembly and the Governor or the Governor-elect;

(A) Technical assistance;

(B) Organization of materials;

(C) Centrally collected accounting, budgeting, personnel, and purchasing information standards and guidelines;

(D) Population and other required data; and

(E) Any other assistance that will help the agencies produce the information necessary for efficient agency management and decision making by the General Assembly and the Governor or the Governor-elect;

(4) Analyze the budget estimates to evaluate and assess the priority and accuracy of agency requests in relation to policy and program objectives and the financial condition of the state and make recommendations for modifications and revision of the budget request if, in their opinion, the facts before them would justify such proposed revisions. The Chief Fiscal Officer of the State in making recommended changes shall not alter the original request unless requested to do so by the administrative head of the agency affected but shall report the original request, together with his or her own recommendations and the reasons therefor, to the Governor, so that all agency budget estimates may be made available to the Governor or Governor-elect, the Legislative Council, and the General Assembly for their consideration;

(5) Prepare an estimate of the general and special revenues for the next fiscal year, along with comparative data for the then-current fiscal year and past fiscal year; and

(6) Submit the budget studies, together with his or her recommendations, to the Legislative Council and to the Governor or Governor-elect for such further recommendations as the Governor or Governor-elect may care to make.

(b) The secretary shall submit the annual revenue forecast to the Legislative Council: (1) By December 1 of the year preceding a fiscal session that is held in a year in which the preferential primary election will be held in May under § 7-7-203 ; (2) By February 1 of a year preceding a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 ; and (3) No later than sixty (60) days before the start of a regular session.

(1) By December 1 of the year preceding a fiscal session that is held in a year in which the preferential primary election will be held in May under § 7-7-203 ;

(2) By February 1 of a year preceding a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 ; and

(3) No later than sixty (60) days before the start of a regular session.

Amended by Act 2019, No. 545,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3452, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3451, eff. 7/1/2019.

Amended by Act 2015EX1, No. 5,§ 4, eff. 8/27/2013, expires 12/31/2016.

Acts 1973, No. 876, § 6; A.S.A. 1947, § 13-332; Acts 2009, No. 962, § 38.
Ark. Code Ann. § 19-10-210 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-210
Notice and hearings
Status: in_force

(a) (1) The Director of the Arkansas State Claims Commission shall notify each claimant and also the head of each state agency against which a claim or action is filed of the time and place set for a hearing on the claim or action, if a hearing on the matter is set by the Arkansas State Claims Commission. (2) A party to a claim or action is not entitled to a hearing as a matter of law but may request a hearing before the commission. (b) (1) The commission is not bound by the formal rules of evidence and shall conduct all hearings publicly and in a fair and impartial manner, giving the parties full opportunity for presentation of evidence, cross-examination of witnesses, and argument. (2) To the extent practicable, the commission shall adopt the procedure used by the circuit courts, and a hearing before the commission shall be conducted in a judicial manner. (c) Hearings on a motion filed by a party shall be set: (1) Upon request of one (1) of the parties; and (2) If the commission finds that oral argument or witness testimony, or both, will benefit the commission in deciding on the motion. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Acts 1949, No. 462, § 4; 1951, No. 373, § 2; 1983, No. 470, § 4; A.S.A. 1947, § 13-1404; Acts 2005, No. 1962, § 88.

(a) (1) The Director of the Arkansas State Claims Commission shall notify each claimant and also the head of each state agency against which a claim or action is filed of the time and place set for a hearing on the claim or action, if a hearing on the matter is set by the Arkansas State Claims Commission. (2) A party to a claim or action is not entitled to a hearing as a matter of law but may request a hearing before the commission.

(1) The Director of the Arkansas State Claims Commission shall notify each claimant and also the head of each state agency against which a claim or action is filed of the time and place set for a hearing on the claim or action, if a hearing on the matter is set by the Arkansas State Claims Commission.

(2) A party to a claim or action is not entitled to a hearing as a matter of law but may request a hearing before the commission.

(b) (1) The commission is not bound by the formal rules of evidence and shall conduct all hearings publicly and in a fair and impartial manner, giving the parties full opportunity for presentation of evidence, cross-examination of witnesses, and argument. (2) To the extent practicable, the commission shall adopt the procedure used by the circuit courts, and a hearing before the commission shall be conducted in a judicial manner.

(1) The commission is not bound by the formal rules of evidence and shall conduct all hearings publicly and in a fair and impartial manner, giving the parties full opportunity for presentation of evidence, cross-examination of witnesses, and argument.

(2) To the extent practicable, the commission shall adopt the procedure used by the circuit courts, and a hearing before the commission shall be conducted in a judicial manner.

(c) Hearings on a motion filed by a party shall be set: (1) Upon request of one (1) of the parties; and (2) If the commission finds that oral argument or witness testimony, or both, will benefit the commission in deciding on the motion.

(1) Upon request of one (1) of the parties; and

(2) If the commission finds that oral argument or witness testimony, or both, will benefit the commission in deciding on the motion.

Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019.

Acts 1949, No. 462, § 4; 1951, No. 373, § 2; 1983, No. 470, § 4; A.S.A. 1947, § 13-1404; Acts 2005, No. 1962, § 88.
Ark. Code Ann. § 19-4-2103 — AR Code / Title 19 / Chapter 4 / Subchapter 21 / Section 19-4-2103
Expenditures for official state business only - Exemptions
Status: in_force

(a) No constitutional officer or employee of a constitutional officer shall expend for personal use any moneys appropriated by the General Assembly for the maintenance and operation of the office, and the moneys appropriated for the maintenance and operation of the offices of the constitutional officers shall be expended only for official state business. (b) This subchapter does not apply to the purchase, maintenance, and operation of state-owned motor vehicles. Acts 1991, No. 768, § 3.

(a) No constitutional officer or employee of a constitutional officer shall expend for personal use any moneys appropriated by the General Assembly for the maintenance and operation of the office, and the moneys appropriated for the maintenance and operation of the offices of the constitutional officers shall be expended only for official state business.

(b) This subchapter does not apply to the purchase, maintenance, and operation of state-owned motor vehicles.

Acts 1991, No. 768, § 3.
Ark. Code Ann. § 19-5-1099 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1099
Breast Cancer Control Fund
Status: in_force

(a) 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 "Breast Cancer Control Fund". (b) (1) The fund shall consist of that portion set out in § 26-57-1106 of those special revenues specified in § 19-6-301 (192), that portion of those special revenues specified in § 19-6-301 (201), and those general revenues provided by law. (2) The fund shall be used exclusively for those purposes set out in § 20-15-1304 and, at the option of the Department of Health and in amounts not to exceed that appropriated by the General Assembly for such purposes, for cervical cancer. Acts 1999, No. 1463, § 27; 2001, No. 1646, § 25; 2007, No. 1032, § 28; 2007, No. 1201, § 28.

(a) 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 "Breast Cancer Control Fund".

(b) (1) The fund shall consist of that portion set out in § 26-57-1106 of those special revenues specified in § 19-6-301 (192), that portion of those special revenues specified in § 19-6-301 (201), and those general revenues provided by law. (2) The fund shall be used exclusively for those purposes set out in § 20-15-1304 and, at the option of the Department of Health and in amounts not to exceed that appropriated by the General Assembly for such purposes, for cervical cancer.

(1) The fund shall consist of that portion set out in § 26-57-1106 of those special revenues specified in § 19-6-301 (192), that portion of those special revenues specified in § 19-6-301 (201), and those general revenues provided by law.

(2) The fund shall be used exclusively for those purposes set out in § 20-15-1304 and, at the option of the Department of Health and in amounts not to exceed that appropriated by the General Assembly for such purposes, for cervical cancer.

Acts 1999, No. 1463, § 27; 2001, No. 1646, § 25; 2007, No. 1032, § 28; 2007, No. 1201, § 28.
Ark. Code Ann. § 19-11-1001 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Consultant services contract" means a contract between a state agency and an individual or organization in which: (A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary; (B) The contractor is an independent contractor with respect to the state agency; (C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and (D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided; (2) "Contractor" means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law; (3) (A) "Design professional contract" means a contract that is primarily for: (i) Minor projects that are time-critical; and (ii) Remodeling projects that do not exceed two million dollars ($2,000,000) in cost. (B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq. (C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures. (D) (i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts. (ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the: (a) Dollar amount under subdivision (3)(A)(ii) of this section; or (b) Specified period under § 19-11-238(a) . (E) Institutions of higher education that are exempt from review and approval of the division shall comply with the provisions of this section; (4) "Director" means the State Procurement Director; (5) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing professional services for any state agency; (6) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; and (7) "State agency" means any department, agency, board, commission, or institution of higher education of the State of Arkansas. Amended by Act 2023, No. 667,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 6116, eff. 7/1/2019. Acts 2003, No. 1315, § 13; 2007, No. 478, § 7; 2009, No. 532, § 1.

As used in this subchapter:

(1) "Consultant services contract" means a contract between a state agency and an individual or organization in which: (A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary; (B) The contractor is an independent contractor with respect to the state agency; (C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and (D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided;

(A) The service to be rendered to the state agency or to a third-party beneficiary under the contract is primarily the giving of advice by the contractor on a particular problem facing the state agency or the third-party beneficiary;

(B) The contractor is an independent contractor with respect to the state agency;

(C) The state agency does not exercise managerial control over the day-to-day activities of the contractor; and

(D) The contract specifies the results expected from the services to be rendered by the contractor and the advice or assistance to be provided;

(2) "Contractor" means any person or organization that executes a contract with a state agency under which the person or organization agrees to provide professional services or consultant services to the state agency, and the individuals performing the services are not state employees occupying regular full-time or part-time or extra help positions provided by law;

(3) (A) "Design professional contract" means a contract that is primarily for: (i) Minor projects that are time-critical; and (ii) Remodeling projects that do not exceed two million dollars ($2,000,000) in cost. (B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq. (C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures. (D) (i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts. (ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the: (a) Dollar amount under subdivision (3)(A)(ii) of this section; or (b) Specified period under § 19-11-238(a) . (E) Institutions of higher education that are exempt from review and approval of the division shall comply with the provisions of this section;

(A) "Design professional contract" means a contract that is primarily for: (i) Minor projects that are time-critical; and (ii) Remodeling projects that do not exceed two million dollars ($2,000,000) in cost.

(i) Minor projects that are time-critical; and

(ii) Remodeling projects that do not exceed two million dollars ($2,000,000) in cost.

(B) Design professional contracts are primarily for the procurement of architectural, engineering, and professional services competitively selected under § 19-11-801 et seq.

(C) Design professional contracts shall be reviewed by the agency or institution at least yearly and adjusted to reflect historical expenditures.

(D) (i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts. (ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the: (a) Dollar amount under subdivision (3)(A)(ii) of this section; or (b) Specified period under § 19-11-238(a) .

(i) A state agency shall follow applicable Building Authority Division guidelines, procedures, and rules for the selection and award of contracts.

(ii) However, a guideline, procedure, or rule of the division shall not increase or decrease the: (a) Dollar amount under subdivision (3)(A)(ii) of this section; or (b) Specified period under § 19-11-238(a) .

(a) Dollar amount under subdivision (3)(A)(ii) of this section; or

(b) Specified period under § 19-11-238(a) .

(E) Institutions of higher education that are exempt from review and approval of the division shall comply with the provisions of this section;

(4) "Director" means the State Procurement Director;

(5) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing professional services for any state agency;

(6) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; and

(A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee;

(B) The services to be rendered consist of the personal services of an individual that are professional in nature;

(C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services;

(D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and

(E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; and

(7) "State agency" means any department, agency, board, commission, or institution of higher education of the State of Arkansas.

Amended by Act 2023, No. 667,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 6116, eff. 7/1/2019.

Acts 2003, No. 1315, § 13; 2007, No. 478, § 7; 2009, No. 532, § 1.
Ark. Code Ann. § 19-6-404 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-404
Division of Arkansas State Police Fund
Status: in_force

The Division of Arkansas State Police Fund shall consist of: The Division of Arkansas State Police Fund shall consist of: (1) Those special revenues as specified in § 19-6-301(1) , , (7), (8), (38)-(40), (94), (150), (168), (175), (184)-(186), (190), (218)-(220), (222), (226), (227), (234), (252), and (270); (2) Moneys transferred or deposited from the State Administration of Justice Fund; (3) Those general revenues as may be provided by law, there to be used for the maintenance, operation, and improvement of the Division of Arkansas State Police in carrying out the functions, powers, and duties as stated in § 12-8-106 or other duties imposed by law upon the division; (4) Any revenues credited to the Division of Arkansas State Police Fund under the Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act, § 12-8-601 et seq.; and (5) Federal reimbursements received for eligible expenditures by the various programs of the division made payable from the Division of Arkansas State Police Fund. Amended by Act 2024, No. 156,§ 4, eff. 7/1/2024. Amended by Act 2024, No. 175,§ 4, eff. 7/1/2024. Amended by Act 2019, No. 586,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6003, eff. 7/1/2019. Amended by Act 2015, No. 1207,§ 2, eff. 7/1/2015. Amended by Act 2015, No. 856,§ 7, eff. 3/31/2015. Amended by Act 2014, No. 299,§ 8, eff. 7/1/2014. Amended by Act 2014, No. 290,§ 8, eff. 7/1/2014. Acts 1973, No. 808, § 14; 1981, No. 938, § 17; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13; Acts 1987, No. 792, § 4; 1991, No. 76, § 3; 1993, No. 1072, § 5; 1995, No. 270, § 4; 1997, No. 298, § 3; 1999, No. 282, § 5; 2003, No. 28, § 17; 2005, No. 20, § 8; 2007, No. 407, § 7.

The Division of Arkansas State Police Fund shall consist of:

(1) Those special revenues as specified in § 19-6-301(1) , , (7), (8), (38)-(40), (94), (150), (168), (175), (184)-(186), (190), (218)-(220), (222), (226), (227), (234), (252), and (270);

(2) Moneys transferred or deposited from the State Administration of Justice Fund;

(3) Those general revenues as may be provided by law, there to be used for the maintenance, operation, and improvement of the Division of Arkansas State Police in carrying out the functions, powers, and duties as stated in § 12-8-106 or other duties imposed by law upon the division;

(4) Any revenues credited to the Division of Arkansas State Police Fund under the Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act, § 12-8-601 et seq.; and

(5) Federal reimbursements received for eligible expenditures by the various programs of the division made payable from the Division of Arkansas State Police Fund.

Amended by Act 2024, No. 156,§ 4, eff. 7/1/2024.

Amended by Act 2024, No. 175,§ 4, eff. 7/1/2024.

Amended by Act 2019, No. 586,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6003, eff. 7/1/2019.

Amended by Act 2015, No. 1207,§ 2, eff. 7/1/2015.

Amended by Act 2015, No. 856,§ 7, eff. 3/31/2015.

Amended by Act 2014, No. 299,§ 8, eff. 7/1/2014.

Amended by Act 2014, No. 290,§ 8, eff. 7/1/2014.

Acts 1973, No. 808, § 14; 1981, No. 938, § 17; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13; Acts 1987, No. 792, § 4; 1991, No. 76, § 3; 1993, No. 1072, § 5; 1995, No. 270, § 4; 1997, No. 298, § 3; 1999, No. 282, § 5; 2003, No. 28, § 17; 2005, No. 20, § 8; 2007, No. 407, § 7.
Ark. Code Ann. § 19-6-405 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-405
State Highway and Transportation Department Fund
Status: in_force

The State Highway and Transportation Department Fund shall consist of: (1) That part of the special revenues as specified in § 19-6-301(2) -(4), (22), (81), (105)-(107), (182), and (256), known as "highway revenue", as distributed under the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., and § 27-70-103 and § 27-72-301 et seq.; (2) Those special revenues specified in § 19-6-301(10) , (152), (187), and (239); (3) Fifty percent (50%) of § 19-6-301(26) ; (4) That portion of § 19-6-301(2) as set out in § 27-14-601(a)(3)(H)(ii) (f) ; (5) That portion of § 19-6-301 (222); (6) Those designated revenues as set out in § 26-56-201(e)(1) , which consist of the additional total of four cents (4¢) distillate special fuel taxes to be distributed as provided in the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq.; (7) Federal revenue sharing funds as set out in § 19-5-1005 ; (8) The special revenues specified in § 26-64-103 , which consist of the wholesale sales taxes on motor fuel and distillate special fuel; (9) The special revenues specified in § 27-14-614 , which consist of the additional registration fees on electric vehicles and hybrid vehicles; and (10) Any federal funds that may become available, there to be used for the maintenance, operation, and improvement required by the Arkansas Department of Transportation in carrying out the functions, powers, and duties as set out in Arkansas Constitution, Amendment 42, and §§ 27-65-102 - 27-65-107 , 27-65-110 , 27-65-122 , and 27-65-124 , and the other laws of this state prescribing the powers and duties of the department and the State Highway Commission. Amended by Act 2024, No. 156,§ 5, eff. 7/1/2024. Amended by Act 2024, No. 175,§ 5, eff. 7/1/2024. Amended by Act 2019, No. 416,§ 5, eff. 9/1/2019. Amended by Act 2017, No. 707,§ 54, eff. 8/1/2017. Amended by Act 2017, No. 1051,§ 4, eff. 7/1/2017. Acts 1973, No. 808, § 14; 1979, No. 1027, § 8; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13; Acts 1987, No. 792, § 4; 1991, No. 1040, § 2; 1991, No. 1239, § 2; 1993, No. 1072, § 6; 1995, No. 270, § 5; 1997, No. 298, § 4; 2001, No. 229, § 8; 2005, No. 20, § 9; 2009, No. 1464, § 5.

The State Highway and Transportation Department Fund shall consist of:

(1) That part of the special revenues as specified in § 19-6-301(2) -(4), (22), (81), (105)-(107), (182), and (256), known as "highway revenue", as distributed under the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., and § 27-70-103 and § 27-72-301 et seq.;

(2) Those special revenues specified in § 19-6-301(10) , (152), (187), and (239);

(3) Fifty percent (50%) of § 19-6-301(26) ;

(4) That portion of § 19-6-301(2) as set out in § 27-14-601(a)(3)(H)(ii) (f) ;

(5) That portion of § 19-6-301 (222);

(6) Those designated revenues as set out in § 26-56-201(e)(1) , which consist of the additional total of four cents (4¢) distillate special fuel taxes to be distributed as provided in the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq.;

(7) Federal revenue sharing funds as set out in § 19-5-1005 ;

(8) The special revenues specified in § 26-64-103 , which consist of the wholesale sales taxes on motor fuel and distillate special fuel;

(9) The special revenues specified in § 27-14-614 , which consist of the additional registration fees on electric vehicles and hybrid vehicles; and

(10) Any federal funds that may become available, there to be used for the maintenance, operation, and improvement required by the Arkansas Department of Transportation in carrying out the functions, powers, and duties as set out in Arkansas Constitution, Amendment 42, and §§ 27-65-102 - 27-65-107 , 27-65-110 , 27-65-122 , and 27-65-124 , and the other laws of this state prescribing the powers and duties of the department and the State Highway Commission.

there to be used for the maintenance, operation, and improvement required by the Arkansas Department of Transportation in carrying out the functions, powers, and duties as set out in Arkansas Constitution, Amendment 42, and §§ 27-65-102 - 27-65-107 , 27-65-110 , 27-65-122 , and 27-65-124 , and the other laws of this state prescribing the powers and duties of the department and the State Highway Commission.

Amended by Act 2024, No. 156,§ 5, eff. 7/1/2024.

Amended by Act 2024, No. 175,§ 5, eff. 7/1/2024.

Amended by Act 2019, No. 416,§ 5, eff. 9/1/2019.

Amended by Act 2017, No. 707,§ 54, eff. 8/1/2017.

Amended by Act 2017, No. 1051,§ 4, eff. 7/1/2017.

Acts 1973, No. 808, § 14; 1979, No. 1027, § 8; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13; Acts 1987, No. 792, § 4; 1991, No. 1040, § 2; 1991, No. 1239, § 2; 1993, No. 1072, § 6; 1995, No. 270, § 5; 1997, No. 298, § 4; 2001, No. 229, § 8; 2005, No. 20, § 9; 2009, No. 1464, § 5.
Ark. Code Ann. § 19-5-1232 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1232
Division of Workforce Services Unemployment Insurance Administration Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Division of Workforce Services Unemployment Insurance Administration Fund". (b) (1) The fund shall consist of the proceeds of the administrative assessment as specified in § 11-10-706(c)(3) , any interest accruing on these revenues, and any other funds made available by the General Assembly. (2) The fund shall be used for personal services and operating expenses of the unemployment insurance program necessary to the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., including expenses for modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program, as determined by the Director of the Division of Workforce Services. (c) The director shall report to the Legislative Council on a quarterly basis on all uses of the fund. Amended by Act 2023, No. 196,§ 10, eff. 3/6/2023. Amended by Act 2021, No. 667,§ 3, eff. 4/1/2021. Amended by Act 2019, No. 910,§ 491, eff. 7/1/2019. Amended by Act 2017, No. 1038,§ 2, eff. 8/1/2017. Acts 2007, No. 551, § 2.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Division of Workforce Services Unemployment Insurance Administration Fund".

(b) (1) The fund shall consist of the proceeds of the administrative assessment as specified in § 11-10-706(c)(3) , any interest accruing on these revenues, and any other funds made available by the General Assembly. (2) The fund shall be used for personal services and operating expenses of the unemployment insurance program necessary to the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., including expenses for modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program, as determined by the Director of the Division of Workforce Services.

(1) The fund shall consist of the proceeds of the administrative assessment as specified in § 11-10-706(c)(3) , any interest accruing on these revenues, and any other funds made available by the General Assembly.

(2) The fund shall be used for personal services and operating expenses of the unemployment insurance program necessary to the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., including expenses for modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program, as determined by the Director of the Division of Workforce Services.

(c) The director shall report to the Legislative Council on a quarterly basis on all uses of the fund.

Amended by Act 2023, No. 196,§ 10, eff. 3/6/2023.

Amended by Act 2021, No. 667,§ 3, eff. 4/1/2021.

Amended by Act 2019, No. 910,§ 491, eff. 7/1/2019.

Amended by Act 2017, No. 1038,§ 2, eff. 8/1/2017.

Acts 2007, No. 551, § 2.
Ark. Code Ann. § 19-5-1043 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1043
Drug Abuse Prevention and Treatment Fund
Status: in_force

(a) 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 "Drug Abuse Prevention and Treatment Fund". (b) The Drug Abuse Prevention and Treatment Fund shall consist of: (1) Those moneys transferred or deposited from the State Administration of Justice Fund; (2) Such general revenue as transferred from the Behavioral Health Services Fund Account; (3) Federal reimbursement received on account of eligible expenditures; and (4) Other funds as may be provided by law. Acts 1991, No. 1135, § 19; 1997, No. 1248, § 21; 2005, No. 2115, § 32; 2011, No. 1095, § 7; 2011, No. 1115, § 7.

(a) 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 "Drug Abuse Prevention and Treatment Fund".

(b) The Drug Abuse Prevention and Treatment Fund shall consist of: (1) Those moneys transferred or deposited from the State Administration of Justice Fund; (2) Such general revenue as transferred from the Behavioral Health Services Fund Account; (3) Federal reimbursement received on account of eligible expenditures; and (4) Other funds as may be provided by law.

(1) Those moneys transferred or deposited from the State Administration of Justice Fund;

(2) Such general revenue as transferred from the Behavioral Health Services Fund Account;

(3) Federal reimbursement received on account of eligible expenditures; and

(4) Other funds as may be provided by law.

Acts 1991, No. 1135, § 19; 1997, No. 1248, § 21; 2005, No. 2115, § 32; 2011, No. 1095, § 7; 2011, No. 1115, § 7.
Ark. Code Ann. § 19-2-507 — AR Code / Title 19 / Chapter 2 / Subchapter 5 / Section 19-2-507
Request of records by Legislative Auditor
Status: in_force

(a) Upon request by the Legislative Auditor, a financial institution shall provide a copy of a public entity's financial information directly to Arkansas Legislative Audit staff without delay or approval from the public entity. (b) The financial institutions may provide the digital transaction statements and digital canceled check images to Arkansas Legislative Audit in a media format allowed under the provisions of this subchapter for public entities or other media mutually agreed upon by the financial institution and Arkansas Legislative Audit. (c) No bank shall be liable for making available to Arkansas Legislative Audit staff any of the information required under the provisions of this subchapter. (d) Any cost associated with providing this information to Arkansas Legislative Audit shall be borne by the public entity being audited or investigated. Acts 1999, No. 648, § 7.

(a) Upon request by the Legislative Auditor, a financial institution shall provide a copy of a public entity's financial information directly to Arkansas Legislative Audit staff without delay or approval from the public entity.

(b) The financial institutions may provide the digital transaction statements and digital canceled check images to Arkansas Legislative Audit in a media format allowed under the provisions of this subchapter for public entities or other media mutually agreed upon by the financial institution and Arkansas Legislative Audit.

(c) No bank shall be liable for making available to Arkansas Legislative Audit staff any of the information required under the provisions of this subchapter.

(d) Any cost associated with providing this information to Arkansas Legislative Audit shall be borne by the public entity being audited or investigated.

Acts 1999, No. 648, § 7.
Ark. Code Ann. § 19-4-520 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-520
Classification of appropriations
Status: in_force

(a) (1) For the purpose of establishing the proper accounts, for budgetary control, for accounting, and for other provisions of this chapter, the appropriations of the General Assembly shall be classified under one (1) or more of the classifications prescribed in §§ 19-4-521 - 19-4-525 . (2) The purposes for which these appropriations may be used are defined as prescribed in §§ 19-4-521 - 19-4-525 , but not necessarily limited thereto. (b) However, the state's financial management system may invoke additional budget control using features of the system that are in addition to the appropriations of the General Assembly. Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 9.

(a) (1) For the purpose of establishing the proper accounts, for budgetary control, for accounting, and for other provisions of this chapter, the appropriations of the General Assembly shall be classified under one (1) or more of the classifications prescribed in §§ 19-4-521 - 19-4-525 . (2) The purposes for which these appropriations may be used are defined as prescribed in §§ 19-4-521 - 19-4-525 , but not necessarily limited thereto.

(1) For the purpose of establishing the proper accounts, for budgetary control, for accounting, and for other provisions of this chapter, the appropriations of the General Assembly shall be classified under one (1) or more of the classifications prescribed in §§ 19-4-521 - 19-4-525 .

(2) The purposes for which these appropriations may be used are defined as prescribed in §§ 19-4-521 - 19-4-525 , but not necessarily limited thereto.

(b) However, the state's financial management system may invoke additional budget control using features of the system that are in addition to the appropriations of the General Assembly.

Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 9.
Ark. Code Ann. § 19-2-509 — AR Code / Title 19 / Chapter 2 / Subchapter 5 / Section 19-2-509
Effect on other laws
Status: in_force

The provisions of this subchapter do not change, amend, or repeal any laws or rules regarding a financial institution's normal obligations and responsibilities to maintain customer financial records. Amended by Act 2019, No. 315,§ 1702, eff. 7/24/2019. Acts 1999, No. 648, § 9.

The provisions of this subchapter do not change, amend, or repeal any laws or rules regarding a financial institution's normal obligations and responsibilities to maintain customer financial records.

Amended by Act 2019, No. 315,§ 1702, eff. 7/24/2019.

Acts 1999, No. 648, § 9.
Ark. Code Ann. § 19-11-716 — AR Code / Title 19 / Chapter 11 / Subchapter 7 / Section 19-11-716
Participation in business incubators - Rules and guidelines
Status: in_force

(a) The provisions of this subchapter shall not be applicable to faculty or staff of state-supported institutions of higher education participating in business incubators within this state. (b) (1) The Secretary of the Department of Transformation and Shared Services shall promulgate rules pursuant to the procedure for adoption as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309 to implement a program allowing admittance to business incubators by faculty or staff of state-supported institutions of higher education or admittance by companies in which faculty or staff may hold an ownership interest. (2) The program may include guidelines setting forth full disclosure requirements, any limitations on ownership interests, maximum income amounts to be received, annual reporting to the General Assembly, mandatory levels of student participation and such other reasonable restrictions and requirements as are necessary to maintain the public trust while encouraging the facilitation of commercialization of university-generated technology or discovery. Amended by Act 2019, No. 315,§ 1790, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3479, eff. 7/1/2019. Acts 1989, No. 29, § 1.

(a) The provisions of this subchapter shall not be applicable to faculty or staff of state-supported institutions of higher education participating in business incubators within this state.

(b) (1) The Secretary of the Department of Transformation and Shared Services shall promulgate rules pursuant to the procedure for adoption as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309 to implement a program allowing admittance to business incubators by faculty or staff of state-supported institutions of higher education or admittance by companies in which faculty or staff may hold an ownership interest. (2) The program may include guidelines setting forth full disclosure requirements, any limitations on ownership interests, maximum income amounts to be received, annual reporting to the General Assembly, mandatory levels of student participation and such other reasonable restrictions and requirements as are necessary to maintain the public trust while encouraging the facilitation of commercialization of university-generated technology or discovery.

(1) The Secretary of the Department of Transformation and Shared Services shall promulgate rules pursuant to the procedure for adoption as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309 to implement a program allowing admittance to business incubators by faculty or staff of state-supported institutions of higher education or admittance by companies in which faculty or staff may hold an ownership interest.

(2) The program may include guidelines setting forth full disclosure requirements, any limitations on ownership interests, maximum income amounts to be received, annual reporting to the General Assembly, mandatory levels of student participation and such other reasonable restrictions and requirements as are necessary to maintain the public trust while encouraging the facilitation of commercialization of university-generated technology or discovery.

Amended by Act 2019, No. 315,§ 1790, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3479, eff. 7/1/2019.

Acts 1989, No. 29, § 1.
Ark. Code Ann. § 19-5-1276 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1276
ARSafeSchools Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "ARSafeSchools Fund". (b) The fund shall consist of: (1) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (2) Any other funds authorized or provided by law. (c) The fund shall be used by the University of Arkansas for Medical Sciences Psychiatric Research Institute solely to create and maintain the ARSafeSchools school safety and crisis line under § 6-18-111 . (d) Moneys remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year. (e) The University of Arkansas for Medical Sciences Psychiatric Research Institute is not required to implement provisions of this section if the ARSafeSchools school safety and crisis line under § 6-18-111 is not funded. (f) (1) The University of Arkansas for Medical Sciences Psychiatric Research Institute shall submit an annual report containing the following information to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (A) The balance of the fund as of the reporting date; (B) A list of administrative costs paid for from the fund, including without limitation salaries, pensions, and packages; (C) The total revenue received by the fund during the reporting period; and (D) A detailed description of steps taken to create and implement the ARSafeSchools school safety and crisis line. (2) The annual report required under this subsection shall be submitted by January 1 and July 1 of each year. Added by Act 2021, No. 1099,§ 2, eff. 7/1/2021. Added by Act 2021, No. 1011,§ 2, eff. 7/1/2021.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "ARSafeSchools Fund".

(b) The fund shall consist of: (1) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (2) Any other funds authorized or provided by law.

(1) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and

(2) Any other funds authorized or provided by law.

(c) The fund shall be used by the University of Arkansas for Medical Sciences Psychiatric Research Institute solely to create and maintain the ARSafeSchools school safety and crisis line under § 6-18-111 .

(d) Moneys remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year.

(e) The University of Arkansas for Medical Sciences Psychiatric Research Institute is not required to implement provisions of this section if the ARSafeSchools school safety and crisis line under § 6-18-111 is not funded.

(f) (1) The University of Arkansas for Medical Sciences Psychiatric Research Institute shall submit an annual report containing the following information to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (A) The balance of the fund as of the reporting date; (B) A list of administrative costs paid for from the fund, including without limitation salaries, pensions, and packages; (C) The total revenue received by the fund during the reporting period; and (D) A detailed description of steps taken to create and implement the ARSafeSchools school safety and crisis line. (2) The annual report required under this subsection shall be submitted by January 1 and July 1 of each year.

(1) The University of Arkansas for Medical Sciences Psychiatric Research Institute shall submit an annual report containing the following information to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (A) The balance of the fund as of the reporting date; (B) A list of administrative costs paid for from the fund, including without limitation salaries, pensions, and packages; (C) The total revenue received by the fund during the reporting period; and (D) A detailed description of steps taken to create and implement the ARSafeSchools school safety and crisis line.

(A) The balance of the fund as of the reporting date;

(B) A list of administrative costs paid for from the fund, including without limitation salaries, pensions, and packages;

(C) The total revenue received by the fund during the reporting period; and

(D) A detailed description of steps taken to create and implement the ARSafeSchools school safety and crisis line.

(2) The annual report required under this subsection shall be submitted by January 1 and July 1 of each year.

Added by Act 2021, No. 1099,§ 2, eff. 7/1/2021.

Added by Act 2021, No. 1011,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 19-7-504 — AR Code / Title 19 / Chapter 7 / Subchapter 5 / Section 19-7-504
Recommendation by Governor - Failure to appropriate
Status: in_force

(a) Upon the convening of each regular session of the General Assembly, the Governor shall submit to the General Assembly and shall recommend to the General Assembly the appropriation of the necessary federal or state matching funds, or both, estimated to be necessary with respect to any program during the subsequent fiscal biennium. (b) If the General Assembly shall fail to appropriate funds for any program entered into with the federal government as authorized by the laws of the State of Arkansas, on June 30 following adjournment of the regular session of the General Assembly, the program shall cease to exist, and the State of Arkansas shall no longer participate in the program. Acts 1983, No. 346, § 4; A.S.A. 1947, § 13-757.

(a) Upon the convening of each regular session of the General Assembly, the Governor shall submit to the General Assembly and shall recommend to the General Assembly the appropriation of the necessary federal or state matching funds, or both, estimated to be necessary with respect to any program during the subsequent fiscal biennium.

(b) If the General Assembly shall fail to appropriate funds for any program entered into with the federal government as authorized by the laws of the State of Arkansas, on June 30 following adjournment of the regular session of the General Assembly, the program shall cease to exist, and the State of Arkansas shall no longer participate in the program.

Acts 1983, No. 346, § 4; A.S.A. 1947, § 13-757.
Ark. Code Ann. § 19-4-205 — AR Code / Title 19 / Chapter 4 / Subchapter 2 / Section 19-4-205
Legislative review
Status: in_force

The General Assembly, the Legislative Council, and the Joint Budget Committee shall consider the Governor's or Governor-elect's recommendations and determine the comprehensive program and financial plan to support the services to be provided the citizens of the state, while keeping authorized expenditures within the estimated receipts and other available resources. Acts 1973, No. 876, § 8; A.S.A. 1947, § 13-334.

The General Assembly, the Legislative Council, and the Joint Budget Committee shall consider the Governor's or Governor-elect's recommendations and determine the comprehensive program and financial plan to support the services to be provided the citizens of the state, while keeping authorized expenditures within the estimated receipts and other available resources.

Acts 1973, No. 876, § 8; A.S.A. 1947, § 13-334.
Ark. Code Ann. § 19-11-256 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-256
Compliance by public procurement units
Status: in_force

(a) Procurement in Accordance with Requirements. When the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of this subchapter, any public procurement unit participating in such a purchase shall be deemed to have complied with this subchapter. (b) When a public procurement unit or external procurement activity not subject to this subchapter administers a cooperative purchase for a public procurement unit subject to this subchapter, then the State Procurement Director must determine in writing that the procurement system and remedies procedures of the public procurement unit or external procurement activity administering the procurement substantially meet the requirements of this subchapter. Acts 1979, No. 482, § 73; A.S.A. 1947, § 14-290; Acts 2001, No. 1237, § 41.

(a) Procurement in Accordance with Requirements. When the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements of this subchapter, any public procurement unit participating in such a purchase shall be deemed to have complied with this subchapter.

(b) When a public procurement unit or external procurement activity not subject to this subchapter administers a cooperative purchase for a public procurement unit subject to this subchapter, then the State Procurement Director must determine in writing that the procurement system and remedies procedures of the public procurement unit or external procurement activity administering the procurement substantially meet the requirements of this subchapter.

Acts 1979, No. 482, § 73; A.S.A. 1947, § 14-290; Acts 2001, No. 1237, § 41.
Ark. Code Ann. § 19-9-603 — AR Code / Title 19 / Chapter 9 / Subchapter 6 / Section 19-9-603
Legislative intent
Status: in_force

It is the specific intent of this subchapter that the provisions hereof are procedural only and are supplemental to other constitutional or statutory provisions now existing or hereafter adopted which may authorize the issuance of revenue bonds for the financing of capital improvements. Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter. Acts 1987, No. 852, § 7.

It is the specific intent of this subchapter that the provisions hereof are procedural only and are supplemental to other constitutional or statutory provisions now existing or hereafter adopted which may authorize the issuance of revenue bonds for the financing of capital improvements. Nothing contained in this subchapter shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter.

Acts 1987, No. 852, § 7.
Ark. Code Ann. § 19-6-102 — AR Code / Title 19 / Chapter 6 / Subchapter 1 / Section 19-6-102
Purpose
Status: in_force

Because of the many revenue laws of the state providing for the levying and collecting of taxes, licenses, fees, permits, assessments, royalties, leases, rents, fines, interest, and penalties for the support of the state government and its agencies, institutions, boards, and commissions that have been enacted by various General Assemblies, it is the policy of the General Assembly with respect to all such revenues and other income, which are required by law to be deposited into the State Treasury, to describe, define, and classify all such revenues and other income and to provide for the purposes, individually and collectively, that all such revenues and other income may be used. It is the intent and purpose of this chapter to comply with the provisions of the Arkansas Constitution, including Arkansas Constitution, Article 16, § 11. Acts 1973, No. 808, § 2; A.S.A. 1947, § 13-503.1.

Because of the many revenue laws of the state providing for the levying and collecting of taxes, licenses, fees, permits, assessments, royalties, leases, rents, fines, interest, and penalties for the support of the state government and its agencies, institutions, boards, and commissions that have been enacted by various General Assemblies, it is the policy of the General Assembly with respect to all such revenues and other income, which are required by law to be deposited into the State Treasury, to describe, define, and classify all such revenues and other income and to provide for the purposes, individually and collectively, that all such revenues and other income may be used. It is the intent and purpose of this chapter to comply with the provisions of the Arkansas Constitution, including Arkansas Constitution, Article 16, § 11.

Acts 1973, No. 808, § 2; A.S.A. 1947, § 13-503.1.
Ark. Code Ann. § 19-5-935 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-935
Employment Security Advance Interest Trust Fund
Status: in_force

(a) 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 "Employment Security Advance Interest Trust Fund". (b) The Employment Security Advance Interest Trust Fund shall consist of receipts from the advance interest tax and any penalties and interest, as transferred from the Unemployment Compensation Fund Clearing Account, there to be used for: (1) Paying interest incurred by the state on advances from the Federal Unemployment Trust Fund; (2) Making refunds of advance interest taxes or interest and penalty payments which were erroneously paid; and (3) Returning moneys to the account which were incorrectly identified and erroneously transferred. Acts 1987, No. 928, § 4.

(a) 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 "Employment Security Advance Interest Trust Fund".

(b) The Employment Security Advance Interest Trust Fund shall consist of receipts from the advance interest tax and any penalties and interest, as transferred from the Unemployment Compensation Fund Clearing Account, there to be used for: (1) Paying interest incurred by the state on advances from the Federal Unemployment Trust Fund; (2) Making refunds of advance interest taxes or interest and penalty payments which were erroneously paid; and (3) Returning moneys to the account which were incorrectly identified and erroneously transferred.

(1) Paying interest incurred by the state on advances from the Federal Unemployment Trust Fund;

(2) Making refunds of advance interest taxes or interest and penalty payments which were erroneously paid; and

(3) Returning moneys to the account which were incorrectly identified and erroneously transferred.

Acts 1987, No. 928, § 4.
Ark. Code Ann. § 19-11-235 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-235
Responsibility of bidders and offerors
Status: in_force

(a) (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director. (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination. (b) (1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror. (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary. (c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter. Amended by Act 2019, No. 315,§ 1772, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1771, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6112, eff. 7/1/2019. Acts 1979, No. 482, § 36; A.S.A. 1947, § 14-261; Acts 1991, No. 1018, § 6; 2001, No. 1237, § 28.

(a) (1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director. (2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. (3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination.

(1) A determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules promulgated by the State Procurement Director.

(2) A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.

(3) The unreasonable failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.

(4) If a bidder or offeror is determined to be nonresponsible, the reasons therefor shall be included in the determination.

(b) (1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror. (2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary.

(1) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the Office of State Procurement or the procurement agency without prior written consent by the bidder or offeror.

(2) This section is not intended to prohibit the office from disclosing such information to the Governor, the Attorney General, or the Secretary of the Department of Transformation and Shared Services when any of those officers deems it necessary.

(c) The director or the agency procurement official may require the posting of a bid bond, a performance bond, or a similar assurance by any actual or prospective bidder, offeror, or contractor, under rules promulgated under this subchapter.

Amended by Act 2019, No. 315,§ 1772, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1771, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6112, eff. 7/1/2019.

Acts 1979, No. 482, § 36; A.S.A. 1947, § 14-261; Acts 1991, No. 1018, § 6; 2001, No. 1237, § 28.
Ark. Code Ann. § 19-9-606 — AR Code / Title 19 / Chapter 9 / Subchapter 6 / Section 19-9-606
Proclamation, order, etc., authorizing issuance of bonds
Status: in_force

(a) Whenever a governmental unit shall determine the need to issue revenue bonds for capital improvements of a public nature or industrial enterprise, the governing body shall authorize the issuance of those bonds by proclamation, order, ordinance, or resolution clearly stating the principal amount of and the purpose or purposes for which the bonds are to be issued. (b) Only upon the proclamation, order, ordinance, or resolution of the governing body shall the governmental unit be authorized to issue such bonds, provided that no proclamation, order, ordinance, or resolution shall be required for the issuance of refunding bonds, including refunding bonds where the principal amount of the new bonds to be issued exceeds the outstanding principal amount of the prior bonds or notes to be refunded. Acts 1987, No. 852, § 4; 1987 (1st Ex. Sess.), No. 36, § 2; 1991, No. 210, § 1.

(a) Whenever a governmental unit shall determine the need to issue revenue bonds for capital improvements of a public nature or industrial enterprise, the governing body shall authorize the issuance of those bonds by proclamation, order, ordinance, or resolution clearly stating the principal amount of and the purpose or purposes for which the bonds are to be issued.

(b) Only upon the proclamation, order, ordinance, or resolution of the governing body shall the governmental unit be authorized to issue such bonds, provided that no proclamation, order, ordinance, or resolution shall be required for the issuance of refunding bonds, including refunding bonds where the principal amount of the new bonds to be issued exceeds the outstanding principal amount of the prior bonds or notes to be refunded.

Acts 1987, No. 852, § 4; 1987 (1st Ex. Sess.), No. 36, § 2; 1991, No. 210, § 1.
Ark. Code Ann. § 19-4-801 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-801
Definitions
Status: in_force

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). Amended by Act 2017, No. 707,§ 44, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 15, eff. 2/26/2015. Acts 1975, No. 5, §§ 1, 2; A.S.A. 1947, §§ 13-356, 13-357; Acts 2005, No. 1962, § 79; 2009, No. 605, § 16; 2009, No. 606, § 16; Acts 2009, No. 1405, § 25.

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).

(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).

(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.;

(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).

Amended by Act 2017, No. 707,§ 44, eff. 8/1/2017.

Amended by Act 2015, No. 218,§ 15, eff. 2/26/2015.

Acts 1975, No. 5, §§ 1, 2; A.S.A. 1947, §§ 13-356, 13-357; Acts 2005, No. 1962, § 79; 2009, No. 605, § 16; 2009, No. 606, § 16; Acts 2009, No. 1405, § 25.
Ark. Code Ann. § 19-4-1607 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1607
Monthly, biweekly, weekly, and hourly salaries
Status: in_force

(a) (1) Except for those state agencies which operate principally on a scholastic year, or on a part-time basis, or where such salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly shall be considered to be a maximum amount to be paid for a twelve-month payroll period. No greater amount than that established for the maximum annual salary of any state official or employee shall be paid to such employee during any such twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of such annual salary be paid to any such employee during any calendar month unless authorized in this subchapter. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law. (b) The remuneration paid to an employee of the state may exceed the maximum annual salary as authorized by the General Assembly as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; (5) Payment for career service recognition as authorized by law; and (6) Payment in accordance with special language salary provisions in individual agency appropriation acts. Amended by Act 2019, No. 910,§ 6092, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 4, eff. 7/1/2017. Acts 1973, No. 876, § 23; 1975, No. 980, § 1; 1980 (1st Ex. Sess.), No. 36, § 1; 1980 (1st Ex. Sess.), No. 62, § 1; 1985, No. 637, § 1; A.S.A. 1947, § 13-349; Acts 2001, No. 1453, § 44.

(a) (1) Except for those state agencies which operate principally on a scholastic year, or on a part-time basis, or where such salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly shall be considered to be a maximum amount to be paid for a twelve-month payroll period. No greater amount than that established for the maximum annual salary of any state official or employee shall be paid to such employee during any such twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of such annual salary be paid to any such employee during any calendar month unless authorized in this subchapter. (2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary. (3) For complying with federal requirements, upon approval of the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(1) Except for those state agencies which operate principally on a scholastic year, or on a part-time basis, or where such salaries or personal services are specifically established for a period less than one (1) year, all salaries established by the General Assembly shall be considered to be a maximum amount to be paid for a twelve-month payroll period. No greater amount than that established for the maximum annual salary of any state official or employee shall be paid to such employee during any such twelve-month payroll period, nor shall more than one-twelfth ( 1 / 12 ) of such annual salary be paid to any such employee during any calendar month unless authorized in this subchapter.

(2) The limitations set out in this section may be converted to biweekly or weekly increments of one-twenty-sixth ( 1 / 26 ) or one-fifty-second ( 1 / 52 ) of the maximum annual salary.

(3) For complying with federal requirements, upon approval of the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State, the maximum annual salaries may be converted to hourly rates of pay for positions established on the basis of twelve (12) months or less if authorized by law.

(b) The remuneration paid to an employee of the state may exceed the maximum annual salary as authorized by the General Assembly as follows, and the following shall not be construed as payment for services or as salary as contemplated by Arkansas Constitution, Article 16, § 4: (1) Overtime payments as authorized by law; (2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law; (3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law; (4) Payment for the biweekly twenty-seven (27) pay periods; (5) Payment for career service recognition as authorized by law; and (6) Payment in accordance with special language salary provisions in individual agency appropriation acts.

(1) Overtime payments as authorized by law;

(2) Payment of a lump sum to a terminating employee, to include lump-sum payments of sick leave balances upon retirement as provided by law;

(3) Payment for overlapping pay periods at the end of a fiscal year as defined or authorized by law;

(4) Payment for the biweekly twenty-seven (27) pay periods;

(5) Payment for career service recognition as authorized by law; and

(6) Payment in accordance with special language salary provisions in individual agency appropriation acts.

Amended by Act 2019, No. 910,§ 6092, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 4, eff. 7/1/2017.

Acts 1973, No. 876, § 23; 1975, No. 980, § 1; 1980 (1st Ex. Sess.), No. 36, § 1; 1980 (1st Ex. Sess.), No. 62, § 1; 1985, No. 637, § 1; A.S.A. 1947, § 13-349; Acts 2001, No. 1453, § 44.
Ark. Code Ann. § 19-6-802 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-802
Arkansas Citizens First Responder Safety Enhancement Fund
Status: in_force

(a) 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 "Arkansas Citizens First Responder Safety Enhancement Fund". (b) The fund shall consist of: (1) Eighty percent (80%) of the fines collected under § 27-22-111(a) ; and (2) The fines collected under § 27-22-103(c)(1) . (c) The fund is to be used as appropriated by the General Assembly as follows: (1) Fifty percent (50%) of the fund shall be used for emergency medical services; and (2) Fifty percent (50%) of the fund shall be used for local law enforcement. Amended by Act 2019, No. 869,§ 2. SeeAct 2019, No. 869, § 24 for effective date. Amended by Act 2013, No. 1393,§ 5, eff. 7/1/2013. Acts 2005, No. 2246, § 2. See Act 2019, No. 869, § 24.

(a) 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 "Arkansas Citizens First Responder Safety Enhancement Fund".

(b) The fund shall consist of: (1) Eighty percent (80%) of the fines collected under § 27-22-111(a) ; and (2) The fines collected under § 27-22-103(c)(1) .

(1) Eighty percent (80%) of the fines collected under § 27-22-111(a) ; and

(2) The fines collected under § 27-22-103(c)(1) .

(c) The fund is to be used as appropriated by the General Assembly as follows: (1) Fifty percent (50%) of the fund shall be used for emergency medical services; and (2) Fifty percent (50%) of the fund shall be used for local law enforcement.

(1) Fifty percent (50%) of the fund shall be used for emergency medical services; and

(2) Fifty percent (50%) of the fund shall be used for local law enforcement.

Amended by Act 2019, No. 869,§ 2. SeeAct 2019, No. 869, § 24 for effective date.

Amended by Act 2013, No. 1393,§ 5, eff. 7/1/2013.

Acts 2005, No. 2246, § 2.

See Act 2019, No. 869, § 24.
Ark. Code Ann. § 19-11-208 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-208
Exemptions
Status: in_force

Commodities and services need not be procured through the Office of State Procurement, if procured by the out-of-state offices of state agencies for that out-of-state office's use but shall, nevertheless, be procured subject to the requirements of this subchapter and the state procurement rules. Amended by Act 2019, No. 315,§ 1753, eff. 7/24/2019. Acts 1979, No. 482, § 18; 1981, No. 600, § 6; A.S.A. 1947, § 14-246; Acts 2001, No. 1237, § 5.

Commodities and services need not be procured through the Office of State Procurement, if procured by the out-of-state offices of state agencies for that out-of-state office's use but shall, nevertheless, be procured subject to the requirements of this subchapter and the state procurement rules.

Amended by Act 2019, No. 315,§ 1753, eff. 7/24/2019.

Acts 1979, No. 482, § 18; 1981, No. 600, § 6; A.S.A. 1947, § 14-246; Acts 2001, No. 1237, § 5.
Ark. Code Ann. § 19-4-1103 — AR Code / Title 19 / Chapter 4 / Subchapter 11 / Section 19-4-1103
Responsibilities of agency heads
Status: in_force

(a) It shall be the responsibility of each executive head of a state agency to establish adequate internal administrative procedures and controls to ensure prompt and accurate payment of obligations in order to promote good public relations and to take advantage of all available discounts. It shall also be the responsibility of each executive head of a state agency to establish adequate administrative procedures to ensure that all financial transactions of the agency are posted in the state's financial management system in accordance with procedures established by the Chief Fiscal Officer of the State. (b) It shall also be the responsibility of the agency head to establish a system of pre-audit within his or her agency to ensure that checks and vouchers, before being released by the agency, are prepared in accordance with all applicable purchasing and fiscal laws and rules by performing the following functions. He or she shall determine that: (1) Services, materials, supplies, and equipment received comply with specifications indicated on purchase documents; (2) Quantities received, as being indicated on the invoice, agree with those shown on the receiving report; (3) Unit prices agree with those indicated on the purchase documents; (4) The extensions and footings of the invoice are correct; (5) The voucher or check is prepared in sufficient time to take advantage of all available discounts being offered; (6) Sufficient appropriation and funds are available for payment of the obligation; and (7) The obligation was incurred in conformity with all purchasing and fiscal laws. (c) It shall also be the responsibility of the agency head to establish that: (1) Every voucher for a proposed disbursement is approved by the bonded disbursing officer of the agency issuing the voucher or by his or her authorized agent; (2) An appropriation has been made to cover the proposed disbursement and that there is sufficient balance remaining in the appropriation account and in the fund against which it is drawn to ensure that the voucher can be converted into a valid warrant; (3) The proposed disbursement has been drawn on the proper voucher form and the name and address of the disbursing agency and the name and address of the vendor or payee is properly identified on the voucher form; (4) The proposed voucher is prepared in accordance with the established general accounting procedures relating to appropriation titles and codes and the proposed transactions are identified and classified in accordance with the administrative rules on the subject; and (5) The voucher for the proposed disbursement is accompanied by proper supporting documentation, as evidence that the indebtedness has been incurred and that the amount for which the voucher is written corresponds with such evidence. Amended by Act 2019, No. 315,§ 1725, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1724, eff. 7/24/2019. Acts 1973, No. 876, § 15; 1979, No. 833, §§ 6, 7; A.S.A. 1947, § 13-341; Acts 2001, No. 1453, § 29.

(a) It shall be the responsibility of each executive head of a state agency to establish adequate internal administrative procedures and controls to ensure prompt and accurate payment of obligations in order to promote good public relations and to take advantage of all available discounts. It shall also be the responsibility of each executive head of a state agency to establish adequate administrative procedures to ensure that all financial transactions of the agency are posted in the state's financial management system in accordance with procedures established by the Chief Fiscal Officer of the State.

(b) It shall also be the responsibility of the agency head to establish a system of pre-audit within his or her agency to ensure that checks and vouchers, before being released by the agency, are prepared in accordance with all applicable purchasing and fiscal laws and rules by performing the following functions. He or she shall determine that: (1) Services, materials, supplies, and equipment received comply with specifications indicated on purchase documents; (2) Quantities received, as being indicated on the invoice, agree with those shown on the receiving report; (3) Unit prices agree with those indicated on the purchase documents; (4) The extensions and footings of the invoice are correct; (5) The voucher or check is prepared in sufficient time to take advantage of all available discounts being offered; (6) Sufficient appropriation and funds are available for payment of the obligation; and (7) The obligation was incurred in conformity with all purchasing and fiscal laws.

(1) Services, materials, supplies, and equipment received comply with specifications indicated on purchase documents;

(2) Quantities received, as being indicated on the invoice, agree with those shown on the receiving report;

(3) Unit prices agree with those indicated on the purchase documents;

(4) The extensions and footings of the invoice are correct;

(5) The voucher or check is prepared in sufficient time to take advantage of all available discounts being offered;

(6) Sufficient appropriation and funds are available for payment of the obligation; and

(7) The obligation was incurred in conformity with all purchasing and fiscal laws.

(c) It shall also be the responsibility of the agency head to establish that: (1) Every voucher for a proposed disbursement is approved by the bonded disbursing officer of the agency issuing the voucher or by his or her authorized agent; (2) An appropriation has been made to cover the proposed disbursement and that there is sufficient balance remaining in the appropriation account and in the fund against which it is drawn to ensure that the voucher can be converted into a valid warrant; (3) The proposed disbursement has been drawn on the proper voucher form and the name and address of the disbursing agency and the name and address of the vendor or payee is properly identified on the voucher form; (4) The proposed voucher is prepared in accordance with the established general accounting procedures relating to appropriation titles and codes and the proposed transactions are identified and classified in accordance with the administrative rules on the subject; and (5) The voucher for the proposed disbursement is accompanied by proper supporting documentation, as evidence that the indebtedness has been incurred and that the amount for which the voucher is written corresponds with such evidence.

(1) Every voucher for a proposed disbursement is approved by the bonded disbursing officer of the agency issuing the voucher or by his or her authorized agent;

(2) An appropriation has been made to cover the proposed disbursement and that there is sufficient balance remaining in the appropriation account and in the fund against which it is drawn to ensure that the voucher can be converted into a valid warrant;

(3) The proposed disbursement has been drawn on the proper voucher form and the name and address of the disbursing agency and the name and address of the vendor or payee is properly identified on the voucher form;

(4) The proposed voucher is prepared in accordance with the established general accounting procedures relating to appropriation titles and codes and the proposed transactions are identified and classified in accordance with the administrative rules on the subject; and

(5) The voucher for the proposed disbursement is accompanied by proper supporting documentation, as evidence that the indebtedness has been incurred and that the amount for which the voucher is written corresponds with such evidence.

Amended by Act 2019, No. 315,§ 1725, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1724, eff. 7/24/2019.

Acts 1973, No. 876, § 15; 1979, No. 833, §§ 6, 7; A.S.A. 1947, § 13-341; Acts 2001, No. 1453, § 29.
Ark. Code Ann. § 19-5-991 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-991
Interstate Motor Fuel Tax Refund Fund
Status: in_force

(a) 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 "Interstate Motor Fuel Tax Refund Fund". (b) The fund shall consist of the amount, estimated quarterly, which is transferred monthly from gross motor fuel taxes and gross special motor fuel tax collections, there to be used to pay refunds to interstate users of motor fuels and special motor fuels as set out in §§ 26-55-714 and 26-56-215 . Acts 1995, No. 1163, § 23.

(a) 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 "Interstate Motor Fuel Tax Refund Fund".

(b) The fund shall consist of the amount, estimated quarterly, which is transferred monthly from gross motor fuel taxes and gross special motor fuel tax collections, there to be used to pay refunds to interstate users of motor fuels and special motor fuels as set out in §§ 26-55-714 and 26-56-215 .

Acts 1995, No. 1163, § 23.
Ark. Code Ann. § 19-5-1123 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1123
Baby Sharon's Children's Catastrophic Illness Grant Program Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Baby Sharon's Children's Catastrophic Illness Grant Program Trust Fund". (b) (1) All moneys collected under § 26-51-2504 shall be deposited into the State Treasury to the credit of the fund. (2) The fund shall also consist of any other revenues authorized by law. (c) The fund shall be used exclusively by the Baby Sharon's Children's Catastrophic Illness Grant Program Committee for the Baby Sharon's Children's Catastrophic Illness Grant Program. (d) The Treasurer of State shall credit to the fund the amount certified each quarter in accordance with § 26-51-2504 . (e) (1) The moneys credited to the fund shall be held as trust funds in interest-bearing accounts only. (2) All interest earned shall be credited to the fund and shall be used only for the purposes of the fund. (f) All moneys deposited into the fund, all interest earned on deposits, and the fund balance in the fund may be disbursed as appropriated in each fiscal year of the biennium for the program. Acts 2003, No. 279, § 2; 2005, No. 415, § 5[4].

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Baby Sharon's Children's Catastrophic Illness Grant Program Trust Fund".

(b) (1) All moneys collected under § 26-51-2504 shall be deposited into the State Treasury to the credit of the fund. (2) The fund shall also consist of any other revenues authorized by law.

(1) All moneys collected under § 26-51-2504 shall be deposited into the State Treasury to the credit of the fund.

(2) The fund shall also consist of any other revenues authorized by law.

(c) The fund shall be used exclusively by the Baby Sharon's Children's Catastrophic Illness Grant Program Committee for the Baby Sharon's Children's Catastrophic Illness Grant Program.

(d) The Treasurer of State shall credit to the fund the amount certified each quarter in accordance with § 26-51-2504 .

(e) (1) The moneys credited to the fund shall be held as trust funds in interest-bearing accounts only. (2) All interest earned shall be credited to the fund and shall be used only for the purposes of the fund.

(1) The moneys credited to the fund shall be held as trust funds in interest-bearing accounts only.

(2) All interest earned shall be credited to the fund and shall be used only for the purposes of the fund.

(f) All moneys deposited into the fund, all interest earned on deposits, and the fund balance in the fund may be disbursed as appropriated in each fiscal year of the biennium for the program.

Acts 2003, No. 279, § 2; 2005, No. 415, § 5[4].
Ark. Code Ann. § 19-11-267 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-267
Development and use of performance-based contracts - Findings
Status: in_force

(a) The General Assembly finds that: (1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and (2) The practice of including benchmark objectives that the provider must attain at specific intervals during the term of the contract is an essential requirement for measuring performance. (b) (1) A state agency, board, commission, or institution of higher education that enters into a contract under this chapter to procure services that has a contract amount of at least one million dollars ($1,000,000) in a single contract year or a total projected contract amount, including any amendments to or possible extensions of the contract, of at least seven million dollars ($7,000,000) shall use performance-based standards in the contract that are specifically tailored to the services being provided under the contract. (2) The performance-based standards used under this subsection shall include performance measures based on objective factors. (3) A state agency, board, commission, or institution of higher education is encouraged to use performance-based standards that are based on objective factors in any other contract in which it would serve the best interest of the state. (c) A state agency, board, commission, or institution of higher education that enters into a contract with performance-based standards: (1) (A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract. (B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and (2) May impose financial consequences, as identified in the contract, on a vendor that is party to a contract with performance-based standards for failure to satisfy the performance-based standards, including without limitation withholding payment or pursuing liquidated damages to the extent allowed by law. (d) (1) The State Procurement Director shall promulgate rules necessary to implement and administer this section. (2) Rules promulgated under this subsection are subject to approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2019, No. 418,§ 4, eff. 7/24/2019. Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.

(a) The General Assembly finds that: (1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and (2) The practice of including benchmark objectives that the provider must attain at specific intervals during the term of the contract is an essential requirement for measuring performance.

(1) Performance-based contracts provide an effective and efficient method of monitoring and evaluating the overall quality of services provided; and

(2) The practice of including benchmark objectives that the provider must attain at specific intervals during the term of the contract is an essential requirement for measuring performance.

(b) (1) A state agency, board, commission, or institution of higher education that enters into a contract under this chapter to procure services that has a contract amount of at least one million dollars ($1,000,000) in a single contract year or a total projected contract amount, including any amendments to or possible extensions of the contract, of at least seven million dollars ($7,000,000) shall use performance-based standards in the contract that are specifically tailored to the services being provided under the contract. (2) The performance-based standards used under this subsection shall include performance measures based on objective factors. (3) A state agency, board, commission, or institution of higher education is encouraged to use performance-based standards that are based on objective factors in any other contract in which it would serve the best interest of the state.

(1) A state agency, board, commission, or institution of higher education that enters into a contract under this chapter to procure services that has a contract amount of at least one million dollars ($1,000,000) in a single contract year or a total projected contract amount, including any amendments to or possible extensions of the contract, of at least seven million dollars ($7,000,000) shall use performance-based standards in the contract that are specifically tailored to the services being provided under the contract.

(2) The performance-based standards used under this subsection shall include performance measures based on objective factors.

(3) A state agency, board, commission, or institution of higher education is encouraged to use performance-based standards that are based on objective factors in any other contract in which it would serve the best interest of the state.

(c) A state agency, board, commission, or institution of higher education that enters into a contract with performance-based standards: (1) (A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract. (B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and (2) May impose financial consequences, as identified in the contract, on a vendor that is party to a contract with performance-based standards for failure to satisfy the performance-based standards, including without limitation withholding payment or pursuing liquidated damages to the extent allowed by law.

(1) (A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract. (B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and

(A) Shall monitor the vendor's performance and adherence to the performance-based standards in the contract.

(B) For state contracts, the Office of State Procurement shall be the state agency that monitors each vendor's performance under this subdivision (c)(1); and

(2) May impose financial consequences, as identified in the contract, on a vendor that is party to a contract with performance-based standards for failure to satisfy the performance-based standards, including without limitation withholding payment or pursuing liquidated damages to the extent allowed by law.

(d) (1) The State Procurement Director shall promulgate rules necessary to implement and administer this section. (2) Rules promulgated under this subsection are subject to approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) The State Procurement Director shall promulgate rules necessary to implement and administer this section.

(2) Rules promulgated under this subsection are subject to approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2019, No. 418,§ 4, eff. 7/24/2019.

Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Ark. Code Ann. § 19-5-924 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-924
Workers' Compensation Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Workers' Compensation Fund". (b) The fund shall consist of the revenues provided by §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 , and shall be used for the purposes as set out in §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 . Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Workers' Compensation Fund".

(b) The fund shall consist of the revenues provided by §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 , and shall be used for the purposes as set out in §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 .

Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-4-1002 — AR Code / Title 19 / Chapter 4 / Subchapter 10 / Section 19-4-1002
Daily allowances, etc., not affected
Status: in_force

This subchapter in no way changes the maximum daily allowance for meals and lodging authorized in this chapter for an individual traveling on official state business within or beyond the borders of this state, nor does it change any special authorizations, exemptions, or limitations set forth in this chapter. Acts 1979, No. 676, § 2; A.S.A. 1947, § 12-2378.1.

This subchapter in no way changes the maximum daily allowance for meals and lodging authorized in this chapter for an individual traveling on official state business within or beyond the borders of this state, nor does it change any special authorizations, exemptions, or limitations set forth in this chapter.

Acts 1979, No. 676, § 2; A.S.A. 1947, § 12-2378.1.
Ark. Code Ann. § 19-11-213 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-213
Federal assistance requirements
Status: in_force

If federal assistance requirements or federal contract requirements conflict with this subchapter or rules promulgated under it, nothing in this subchapter or its rules shall prevent a state agency or political subdivision from complying with the terms and conditions of the federal assistance requirements or the federal contract requirements. Amended by Act 2019, No. 315,§ 1754, eff. 7/24/2019. Amended by Act 2015, No. 147,§ 1, eff. 2/23/2015. Acts 1979, No. 482, § 10; A.S.A. 1947, § 14-238.

If federal assistance requirements or federal contract requirements conflict with this subchapter or rules promulgated under it, nothing in this subchapter or its rules shall prevent a state agency or political subdivision from complying with the terms and conditions of the federal assistance requirements or the federal contract requirements.

Amended by Act 2019, No. 315,§ 1754, eff. 7/24/2019.

Amended by Act 2015, No. 147,§ 1, eff. 2/23/2015.

Acts 1979, No. 482, § 10; A.S.A. 1947, § 14-238.