Ark. Code Ann. § 19-5-1076 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1076
Higher Education Tuition Adjustment Fund - Intent
Status: in_force

(a) The Higher Education Tuition Adjustment Fund is created upon the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The fund shall consist of such revenues allocated to it by law. (b) It is the intent of the General Assembly that the fund ensure that bona fide Arkansas income taxpayers, and their dependents, who are residents of a bordering state in a contiguous county to the Arkansas state line, which is contiguous to a county where an institution of higher education is located receive the same higher education opportunities as all other said taxpayers. (c) (1) In establishing this policy, it is the intent of the General Assembly that taxpayers should have affordable access to the state's higher education institutions. (2) Further, the Division of Higher Education will require each institution to track and report the number of qualifying students each year. (3) A list of students who benefit from the out-of-state tuition waiver, including their Social Security number or their Arkansas taxpaying parents' or guardians' names and Social Security numbers, will be furnished by the division to the Department of Finance and Administration for confirmation that they or their parents are employed in Arkansas at a wage in excess of five thousand five hundred dollars ($5,500) per annum. (4) Documentation should be either an official W-2 form from an Arkansas employer reflecting wages of at least five thousand five hundred dollars ($5,500) in the tax year prior to enrollment in college or official employer verification of a current year salary minimum of at least five thousand five hundred dollars ($5,500), which the college will keep on file for enrollment audit purposes. (d) (1) The Commissioner of the Division of Higher Education shall determine the difference between the amount of tuition revenue which would have been generated by charging the Arkansas Higher Education Coordinating Board-approved out-of-state tuition rate to said students as compared to approved in-state or out-of-district rates. (2) Upon such determination, the commissioner shall certify to the Chief Fiscal Officer of the State and the Treasurer of State such amounts as are required to be transferred from the fund. (3) Upon receiving such certification, the Chief Fiscal Officer of the State and the Treasurer of State shall cause to be transferred the necessary funds and appropriation to the fund account of the institution receiving such certification from the commissioner. Amended by Act 2023, No. 786,§ 35, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2271, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2270, eff. 7/1/2019. Acts 1995, No. 1185, § 34.

(a) The Higher Education Tuition Adjustment Fund is created upon the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The fund shall consist of such revenues allocated to it by law.

(b) It is the intent of the General Assembly that the fund ensure that bona fide Arkansas income taxpayers, and their dependents, who are residents of a bordering state in a contiguous county to the Arkansas state line, which is contiguous to a county where an institution of higher education is located receive the same higher education opportunities as all other said taxpayers.

(c) (1) In establishing this policy, it is the intent of the General Assembly that taxpayers should have affordable access to the state's higher education institutions. (2) Further, the Division of Higher Education will require each institution to track and report the number of qualifying students each year. (3) A list of students who benefit from the out-of-state tuition waiver, including their Social Security number or their Arkansas taxpaying parents' or guardians' names and Social Security numbers, will be furnished by the division to the Department of Finance and Administration for confirmation that they or their parents are employed in Arkansas at a wage in excess of five thousand five hundred dollars ($5,500) per annum. (4) Documentation should be either an official W-2 form from an Arkansas employer reflecting wages of at least five thousand five hundred dollars ($5,500) in the tax year prior to enrollment in college or official employer verification of a current year salary minimum of at least five thousand five hundred dollars ($5,500), which the college will keep on file for enrollment audit purposes.

(1) In establishing this policy, it is the intent of the General Assembly that taxpayers should have affordable access to the state's higher education institutions.

(2) Further, the Division of Higher Education will require each institution to track and report the number of qualifying students each year.

(3) A list of students who benefit from the out-of-state tuition waiver, including their Social Security number or their Arkansas taxpaying parents' or guardians' names and Social Security numbers, will be furnished by the division to the Department of Finance and Administration for confirmation that they or their parents are employed in Arkansas at a wage in excess of five thousand five hundred dollars ($5,500) per annum.

(4) Documentation should be either an official W-2 form from an Arkansas employer reflecting wages of at least five thousand five hundred dollars ($5,500) in the tax year prior to enrollment in college or official employer verification of a current year salary minimum of at least five thousand five hundred dollars ($5,500), which the college will keep on file for enrollment audit purposes.

(d) (1) The Commissioner of the Division of Higher Education shall determine the difference between the amount of tuition revenue which would have been generated by charging the Arkansas Higher Education Coordinating Board-approved out-of-state tuition rate to said students as compared to approved in-state or out-of-district rates. (2) Upon such determination, the commissioner shall certify to the Chief Fiscal Officer of the State and the Treasurer of State such amounts as are required to be transferred from the fund. (3) Upon receiving such certification, the Chief Fiscal Officer of the State and the Treasurer of State shall cause to be transferred the necessary funds and appropriation to the fund account of the institution receiving such certification from the commissioner.

(1) The Commissioner of the Division of Higher Education shall determine the difference between the amount of tuition revenue which would have been generated by charging the Arkansas Higher Education Coordinating Board-approved out-of-state tuition rate to said students as compared to approved in-state or out-of-district rates.

(2) Upon such determination, the commissioner shall certify to the Chief Fiscal Officer of the State and the Treasurer of State such amounts as are required to be transferred from the fund.

(3) Upon receiving such certification, the Chief Fiscal Officer of the State and the Treasurer of State shall cause to be transferred the necessary funds and appropriation to the fund account of the institution receiving such certification from the commissioner.

Amended by Act 2023, No. 786,§ 35, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2271, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2270, eff. 7/1/2019.

Acts 1995, No. 1185, § 34.
Ark. Code Ann. § 19-6-807 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-807
In God We Trust License Plate Fund
Status: in_force

The In God We Trust License Plate Fund shall consist of those special revenues as specified in § 19-6-301 (223) and any other revenues as may be authorized by law, there to be used by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide quarterly cash grants to each senior citizen center in a similar method as is used in the state's current system for distributing United States Department of Agriculture money to the senior citizen centers to purchase raw food, and for purchasing food for use in a home-delivered meal program, as set out in § 27-15-4904 . Amended by Act 2017, No. 913,§ 52, eff. 8/1/2017. Acts 2007, No. 407, § 17.

The In God We Trust License Plate Fund shall consist of those special revenues as specified in § 19-6-301 (223) and any other revenues as may be authorized by law, there to be used by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide quarterly cash grants to each senior citizen center in a similar method as is used in the state's current system for distributing United States Department of Agriculture money to the senior citizen centers to purchase raw food, and for purchasing food for use in a home-delivered meal program, as set out in § 27-15-4904 .

Amended by Act 2017, No. 913,§ 52, eff. 8/1/2017.

Acts 2007, No. 407, § 17.
Ark. Code Ann. § 19-5-1036 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1036
Research Development 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 "Research Development Fund". (b) The Research Development Fund shall consist of funds transferred from the Higher Education Building Maintenance Fund and any other moneys provided by the General Assembly, there to be used for the administration and operations of the Arkansas Research Development Program of the Division of Higher Education, as set out in the Arkansas Research Development Act, § 6-61-801 et seq. Amended by Act 2019, No. 910,§ 2269, eff. 7/1/2019. Acts 1991, No. 1135, § 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 "Research Development Fund".

(b) The Research Development Fund shall consist of funds transferred from the Higher Education Building Maintenance Fund and any other moneys provided by the General Assembly, there to be used for the administration and operations of the Arkansas Research Development Program of the Division of Higher Education, as set out in the Arkansas Research Development Act, § 6-61-801 et seq.

Amended by Act 2019, No. 910,§ 2269, eff. 7/1/2019.

Acts 1991, No. 1135, § 11.
Ark. Code Ann. § 19-5-1031 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1031
Solid Waste Performance Bond 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 "Solid Waste Performance Bond Fund". (b) The fund shall consist of all forfeitures collected under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., there to be used only to accomplish remedial action, including closure of lands covered by performance bonds forfeited under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. Acts 1987, No. 928, § 3.

(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 "Solid Waste Performance Bond Fund".

(b) The fund shall consist of all forfeitures collected under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., there to be used only to accomplish remedial action, including closure of lands covered by performance bonds forfeited under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

Acts 1987, No. 928, § 3.
Ark. Code Ann. § 19-3-514 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-514
List of deposits
Status: in_force

(a) (1) On or before the tenth day following the end of each calendar quarter, the Treasurer of State shall prepare a list of all bank depositories. (2) For each bank depository, the list shall include the amounts of State Treasury funds on time deposit and on demand deposit on the last day of business of the calendar quarter. (b) The list shall be maintained for public inspection at the Treasurer of State's office. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) (1) On or before the tenth day following the end of each calendar quarter, the Treasurer of State shall prepare a list of all bank depositories. (2) For each bank depository, the list shall include the amounts of State Treasury funds on time deposit and on demand deposit on the last day of business of the calendar quarter.

(1) On or before the tenth day following the end of each calendar quarter, the Treasurer of State shall prepare a list of all bank depositories.

(2) For each bank depository, the list shall include the amounts of State Treasury funds on time deposit and on demand deposit on the last day of business of the calendar quarter.

(b) The list shall be maintained for public inspection at the Treasurer of State's office.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-5-201 — AR Code / Title 19 / Chapter 5 / Subchapter 2 / Section 19-5-201
State Apportionment 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 fund to be known as the "State Apportionment Fund". After July 1, 1973, all general revenues and all special revenues, as defined in the Revenue Classification Law, § 19-6-101 et seq., shall be deposited by the Treasurer of State into the State Apportionment Fund, there to be handled and distributed as provided in this subchapter. (b) All revenue received by the Treasurer of State by 4:00 p.m. of any normal working day shall be deposited and so credited to the State Apportionment Fund as occurring on that day and shall be deemed to be gross revenues for that respective day. For the purposes of accounting for such revenue, the Treasurer of State shall credit it to the proper fund account of the State Apportionment Fund as established by this section. Acts 1973, No. 750, § 4; A.S.A. 1947, § 13-510.

(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 fund to be known as the "State Apportionment Fund". After July 1, 1973, all general revenues and all special revenues, as defined in the Revenue Classification Law, § 19-6-101 et seq., shall be deposited by the Treasurer of State into the State Apportionment Fund, there to be handled and distributed as provided in this subchapter.

(b) All revenue received by the Treasurer of State by 4:00 p.m. of any normal working day shall be deposited and so credited to the State Apportionment Fund as occurring on that day and shall be deemed to be gross revenues for that respective day. For the purposes of accounting for such revenue, the Treasurer of State shall credit it to the proper fund account of the State Apportionment Fund as established by this section.

Acts 1973, No. 750, § 4; A.S.A. 1947, § 13-510.
Ark. Code Ann. § 19-4-1402 — AR Code / Title 19 / Chapter 4 / Subchapter 14 / Section 19-4-1402
Contracts to be filed
Status: in_force

(a) Executed counterparts of all contracts entered into by any state agency with respect to proposed projects for new improvements or major repairs or additions to existing buildings and facilities shall be approved by and filed with the Building Authority Division before the issuance of any vouchers making payments under the contract, unless the contract is exempted from the jurisdiction of the Building Authority Division by a law or a rule promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from the requirements of this section requiring the filing of the contracts with the Building Authority Division. (2) The governing boards of all other public institutions of higher education shall be exempt from the requirement for approval and filing of the contracts with the Building Authority Division: (A) Upon approval of the Division of Higher Education; and (B) If, prior to granting approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing boards of the public institutions of higher education with respect to bidding and construction of capital improvement projects. (3) Nothing in this section shall prevent a public institution of higher education exempt under this subsection from entering into an agreement with the Building Authority Division to file its contracts with the Building Authority Division. (c) (1) All contracts for new improvements or major repairs or additions to existing buildings and facilities under this subchapter shall include a project disclosure statement prepared by the agency, board, commission, or public institution of higher education. (2) The disclosure statement shall provide the estimated timeline, scope, and cost of the total project. (3) The disclosure statement shall not be construed as authorizing any: (A) Additional work which is beyond the scope of the bid documents; or (B) Payment exceeding the contract amount. (d) Nothing in this section shall prohibit any agency, board, commission, or public institution of higher education from executing contract amendments. Amended by Act 2019, No. 910,§ 2255, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 10, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 10, eff. 7/1/2015. Acts 1973, No. 876, § 22; 1977, No. 813, § 2; A.S.A. 1947, § 13-348; Acts 1997, No. 294, § 1; 2001, No. 214, § 1; 2001, No. 961, § 3; 2005, No. 2186, § 1; 2009, No. 193, §§ 1, 2.

(a) Executed counterparts of all contracts entered into by any state agency with respect to proposed projects for new improvements or major repairs or additions to existing buildings and facilities shall be approved by and filed with the Building Authority Division before the issuance of any vouchers making payments under the contract, unless the contract is exempted from the jurisdiction of the Building Authority Division by a law or a rule promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) (1) The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from the requirements of this section requiring the filing of the contracts with the Building Authority Division. (2) The governing boards of all other public institutions of higher education shall be exempt from the requirement for approval and filing of the contracts with the Building Authority Division: (A) Upon approval of the Division of Higher Education; and (B) If, prior to granting approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing boards of the public institutions of higher education with respect to bidding and construction of capital improvement projects. (3) Nothing in this section shall prevent a public institution of higher education exempt under this subsection from entering into an agreement with the Building Authority Division to file its contracts with the Building Authority Division.

(1) The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from the requirements of this section requiring the filing of the contracts with the Building Authority Division.

(2) The governing boards of all other public institutions of higher education shall be exempt from the requirement for approval and filing of the contracts with the Building Authority Division: (A) Upon approval of the Division of Higher Education; and (B) If, prior to granting approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing boards of the public institutions of higher education with respect to bidding and construction of capital improvement projects.

(A) Upon approval of the Division of Higher Education; and

(B) If, prior to granting approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing boards of the public institutions of higher education with respect to bidding and construction of capital improvement projects.

(3) Nothing in this section shall prevent a public institution of higher education exempt under this subsection from entering into an agreement with the Building Authority Division to file its contracts with the Building Authority Division.

(c) (1) All contracts for new improvements or major repairs or additions to existing buildings and facilities under this subchapter shall include a project disclosure statement prepared by the agency, board, commission, or public institution of higher education. (2) The disclosure statement shall provide the estimated timeline, scope, and cost of the total project. (3) The disclosure statement shall not be construed as authorizing any: (A) Additional work which is beyond the scope of the bid documents; or (B) Payment exceeding the contract amount.

(1) All contracts for new improvements or major repairs or additions to existing buildings and facilities under this subchapter shall include a project disclosure statement prepared by the agency, board, commission, or public institution of higher education.

(2) The disclosure statement shall provide the estimated timeline, scope, and cost of the total project.

(3) The disclosure statement shall not be construed as authorizing any: (A) Additional work which is beyond the scope of the bid documents; or (B) Payment exceeding the contract amount.

(A) Additional work which is beyond the scope of the bid documents; or

(B) Payment exceeding the contract amount.

(d) Nothing in this section shall prohibit any agency, board, commission, or public institution of higher education from executing contract amendments.

Amended by Act 2019, No. 910,§ 2255, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 10, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 10, eff. 7/1/2015.

Acts 1973, No. 876, § 22; 1977, No. 813, § 2; A.S.A. 1947, § 13-348; Acts 1997, No. 294, § 1; 2001, No. 214, § 1; 2001, No. 961, § 3; 2005, No. 2186, § 1; 2009, No. 193, §§ 1, 2.
Ark. Code Ann. § 19-3-519 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-519
State Treasury Certificate of Deposit Investment Program - Definitions
Status: in_force

(a) The policy of the State Board of Finance to set aside an amount to be invested in certificates of deposit that mature no sooner than one hundred eighty (180) days shall be known as the "State Treasury Certificate of Deposit Investment Program". (b) The following institutions may participate in the program: (1) National banks that have their principal offices in Arkansas or are legally operating branches in Arkansas; (2) Banks chartered in the State of Arkansas; (3) Banks chartered by other states that are legally operating branches in Arkansas; (4) Savings and loan associations or savings banks chartered by the United States that have their principal offices in Arkansas or are legally operating branches in Arkansas; and (5) Savings and loan associations chartered by the State of Arkansas. (c) (1) Institutions that have their principal offices in Arkansas shall designate a representative at the principal office responsible for transacting business with the Treasurer of State. (2) Institutions that do not have their principal offices in Arkansas shall designate a principal branch and a representative at the principal branch responsible for transacting business with the Treasurer of State. (d) (1) Semiannually, or as required by the board, each participating institution shall compute and report to the Treasurer of State its Arkansas deposits, Arkansas loans, the loan-to-deposit ratio for Arkansas loans and Arkansas deposits, and its capital base. (2) Each participating institution shall report to the board information required by the board to determine the institution's suitability as a bank depository. (e) As used in this section: (1) "Arkansas deposits" means deposits received by banks and credited to accounts whose account holders have Arkansas as their principal place of business or permanent home addresses; and (2) "Arkansas loans" means the sum of: (A) Loans made to individual borrowers residing in the State of Arkansas; (B) Loans made to corporations or other legal entities doing business in Arkansas for which an address within Arkansas is used for transacting business; (C) Bonds issued or loans made to the State of Arkansas or its instrumentalities; (D) Bonds issued or loans made to political subdivisions of the State of Arkansas; and (E) Bonds issued by Arkansas corporations. (f) The board shall promulgate rules establishing the minimum capital requirements for a bank depository. (g) The Treasurer of State shall establish procedures to be reviewed and approved by the board establishing guidelines for the deposit and allocation of certificates of deposit among participating institutions. (h) (1) Interest on funds invested under this section shall be paid by participating institutions at rates established by the board. (2) The rates shall not exceed the maximum rate, if any, that banks are permitted to pay on time certificates of deposit for the same period of time by regulations of the Federal Reserve System or the Federal Deposit Insurance Corporation. (i) (1) Moneys required for a purchase under this section shall be withdrawn from the Cash Account and paid to the issuer of the certificate of deposit. (2) The principal amount of the certificate of deposit shall be credited to the Certificate of Deposit Account. (j) The certificates of deposit shall be secured as required by the board. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) The policy of the State Board of Finance to set aside an amount to be invested in certificates of deposit that mature no sooner than one hundred eighty (180) days shall be known as the "State Treasury Certificate of Deposit Investment Program".

(b) The following institutions may participate in the program: (1) National banks that have their principal offices in Arkansas or are legally operating branches in Arkansas; (2) Banks chartered in the State of Arkansas; (3) Banks chartered by other states that are legally operating branches in Arkansas; (4) Savings and loan associations or savings banks chartered by the United States that have their principal offices in Arkansas or are legally operating branches in Arkansas; and (5) Savings and loan associations chartered by the State of Arkansas.

(1) National banks that have their principal offices in Arkansas or are legally operating branches in Arkansas;

(2) Banks chartered in the State of Arkansas;

(3) Banks chartered by other states that are legally operating branches in Arkansas;

(4) Savings and loan associations or savings banks chartered by the United States that have their principal offices in Arkansas or are legally operating branches in Arkansas; and

(5) Savings and loan associations chartered by the State of Arkansas.

(c) (1) Institutions that have their principal offices in Arkansas shall designate a representative at the principal office responsible for transacting business with the Treasurer of State. (2) Institutions that do not have their principal offices in Arkansas shall designate a principal branch and a representative at the principal branch responsible for transacting business with the Treasurer of State.

(1) Institutions that have their principal offices in Arkansas shall designate a representative at the principal office responsible for transacting business with the Treasurer of State.

(2) Institutions that do not have their principal offices in Arkansas shall designate a principal branch and a representative at the principal branch responsible for transacting business with the Treasurer of State.

(d) (1) Semiannually, or as required by the board, each participating institution shall compute and report to the Treasurer of State its Arkansas deposits, Arkansas loans, the loan-to-deposit ratio for Arkansas loans and Arkansas deposits, and its capital base. (2) Each participating institution shall report to the board information required by the board to determine the institution's suitability as a bank depository.

(1) Semiannually, or as required by the board, each participating institution shall compute and report to the Treasurer of State its Arkansas deposits, Arkansas loans, the loan-to-deposit ratio for Arkansas loans and Arkansas deposits, and its capital base.

(2) Each participating institution shall report to the board information required by the board to determine the institution's suitability as a bank depository.

(e) As used in this section: (1) "Arkansas deposits" means deposits received by banks and credited to accounts whose account holders have Arkansas as their principal place of business or permanent home addresses; and (2) "Arkansas loans" means the sum of: (A) Loans made to individual borrowers residing in the State of Arkansas; (B) Loans made to corporations or other legal entities doing business in Arkansas for which an address within Arkansas is used for transacting business; (C) Bonds issued or loans made to the State of Arkansas or its instrumentalities; (D) Bonds issued or loans made to political subdivisions of the State of Arkansas; and (E) Bonds issued by Arkansas corporations.

(1) "Arkansas deposits" means deposits received by banks and credited to accounts whose account holders have Arkansas as their principal place of business or permanent home addresses; and

(2) "Arkansas loans" means the sum of: (A) Loans made to individual borrowers residing in the State of Arkansas; (B) Loans made to corporations or other legal entities doing business in Arkansas for which an address within Arkansas is used for transacting business; (C) Bonds issued or loans made to the State of Arkansas or its instrumentalities; (D) Bonds issued or loans made to political subdivisions of the State of Arkansas; and (E) Bonds issued by Arkansas corporations.

(A) Loans made to individual borrowers residing in the State of Arkansas;

(B) Loans made to corporations or other legal entities doing business in Arkansas for which an address within Arkansas is used for transacting business;

(C) Bonds issued or loans made to the State of Arkansas or its instrumentalities;

(D) Bonds issued or loans made to political subdivisions of the State of Arkansas; and

(E) Bonds issued by Arkansas corporations.

(f) The board shall promulgate rules establishing the minimum capital requirements for a bank depository.

(g) The Treasurer of State shall establish procedures to be reviewed and approved by the board establishing guidelines for the deposit and allocation of certificates of deposit among participating institutions.

(h) (1) Interest on funds invested under this section shall be paid by participating institutions at rates established by the board. (2) The rates shall not exceed the maximum rate, if any, that banks are permitted to pay on time certificates of deposit for the same period of time by regulations of the Federal Reserve System or the Federal Deposit Insurance Corporation.

(1) Interest on funds invested under this section shall be paid by participating institutions at rates established by the board.

(2) The rates shall not exceed the maximum rate, if any, that banks are permitted to pay on time certificates of deposit for the same period of time by regulations of the Federal Reserve System or the Federal Deposit Insurance Corporation.

(i) (1) Moneys required for a purchase under this section shall be withdrawn from the Cash Account and paid to the issuer of the certificate of deposit. (2) The principal amount of the certificate of deposit shall be credited to the Certificate of Deposit Account.

(1) Moneys required for a purchase under this section shall be withdrawn from the Cash Account and paid to the issuer of the certificate of deposit.

(2) The principal amount of the certificate of deposit shall be credited to the Certificate of Deposit Account.

(j) The certificates of deposit shall be secured as required by the board.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-5-1148 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1148
Used Tire Recycling 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 "Used Tire Recycling Fund". (b) (1) The Department of Finance and Administration shall deposit into the State Treasury ninety-three percent (93%) of the moneys collected under § 8-9-404 to the credit of the Used Tire Recycling Fund. (2) The Used Tire Recycling Fund shall consist of: (A) Penalties assessed and collected under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.; (B) Interest, earnings, and any other revenues as may be authorized by law; (C) Any United States Government moneys designated for deposit into the Used Tire Recycling Fund; (D) Any gift or donation to the Used Tire Recycling Fund; and (E) Those special revenues specified in § 8-9-404 and § 19-6-301 (165). (3) The Used Tire Recycling Fund shall not include: (A) Five percent (5%) of the rim removal fee retained for administrative costs by tire retailers under § 8-9-404(a)(5)(B) and commercial generators under § 8-9-404(d)(5)(B) ; (B) The percentage of net special revenue deducted and deposited to the credit of the Special Revenue Fund Account of the State Apportionment Fund under § 19-5-203 ; or (C) Seven percent (7%) deducted from the proceeds of fees imposed under § 8-9-404 and deposited into the Division of Environmental Quality Fee Trust Fund under § 8-9-404(b)(1)(B) , § 8-9-404(c)(3)(A)(ii) , and § 8-9-404(d)(7)(B) . (c) (1) At least ninety percent (90%) of the moneys available in the Used Tire Recycling Fund each fiscal year shall be used by the Division of Environmental Quality to provide reimbursements to used tire programs, to administer the Used Tire Recycling and Accountability Program, and to perform other duties under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. (2) The Director of the Division of Environmental Quality may use not more than ten percent (10%) of the moneys available in the Used Tire Recycling Fund each fiscal year: (A) For waste tire site abatement aid; (B) For the development, implementation, and maintenance of the electronic uniform used tire manifest system; and (C) To provide market and economic stimulus incentives. Amended by Act 2019, No. 910,§ 3202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3201, eff. 7/1/2019. Added by Act 2017, No. 317,§ 3, 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 trust fund to be known as the "Used Tire Recycling Fund".

(b) (1) The Department of Finance and Administration shall deposit into the State Treasury ninety-three percent (93%) of the moneys collected under § 8-9-404 to the credit of the Used Tire Recycling Fund. (2) The Used Tire Recycling Fund shall consist of: (A) Penalties assessed and collected under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.; (B) Interest, earnings, and any other revenues as may be authorized by law; (C) Any United States Government moneys designated for deposit into the Used Tire Recycling Fund; (D) Any gift or donation to the Used Tire Recycling Fund; and (E) Those special revenues specified in § 8-9-404 and § 19-6-301 (165). (3) The Used Tire Recycling Fund shall not include: (A) Five percent (5%) of the rim removal fee retained for administrative costs by tire retailers under § 8-9-404(a)(5)(B) and commercial generators under § 8-9-404(d)(5)(B) ; (B) The percentage of net special revenue deducted and deposited to the credit of the Special Revenue Fund Account of the State Apportionment Fund under § 19-5-203 ; or (C) Seven percent (7%) deducted from the proceeds of fees imposed under § 8-9-404 and deposited into the Division of Environmental Quality Fee Trust Fund under § 8-9-404(b)(1)(B) , § 8-9-404(c)(3)(A)(ii) , and § 8-9-404(d)(7)(B) .

(1) The Department of Finance and Administration shall deposit into the State Treasury ninety-three percent (93%) of the moneys collected under § 8-9-404 to the credit of the Used Tire Recycling Fund.

(2) The Used Tire Recycling Fund shall consist of: (A) Penalties assessed and collected under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.; (B) Interest, earnings, and any other revenues as may be authorized by law; (C) Any United States Government moneys designated for deposit into the Used Tire Recycling Fund; (D) Any gift or donation to the Used Tire Recycling Fund; and (E) Those special revenues specified in § 8-9-404 and § 19-6-301 (165).

(A) Penalties assessed and collected under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.;

(B) Interest, earnings, and any other revenues as may be authorized by law;

(C) Any United States Government moneys designated for deposit into the Used Tire Recycling Fund;

(D) Any gift or donation to the Used Tire Recycling Fund; and

(E) Those special revenues specified in § 8-9-404 and § 19-6-301 (165).

(3) The Used Tire Recycling Fund shall not include: (A) Five percent (5%) of the rim removal fee retained for administrative costs by tire retailers under § 8-9-404(a)(5)(B) and commercial generators under § 8-9-404(d)(5)(B) ; (B) The percentage of net special revenue deducted and deposited to the credit of the Special Revenue Fund Account of the State Apportionment Fund under § 19-5-203 ; or (C) Seven percent (7%) deducted from the proceeds of fees imposed under § 8-9-404 and deposited into the Division of Environmental Quality Fee Trust Fund under § 8-9-404(b)(1)(B) , § 8-9-404(c)(3)(A)(ii) , and § 8-9-404(d)(7)(B) .

(A) Five percent (5%) of the rim removal fee retained for administrative costs by tire retailers under § 8-9-404(a)(5)(B) and commercial generators under § 8-9-404(d)(5)(B) ;

(B) The percentage of net special revenue deducted and deposited to the credit of the Special Revenue Fund Account of the State Apportionment Fund under § 19-5-203 ; or

(C) Seven percent (7%) deducted from the proceeds of fees imposed under § 8-9-404 and deposited into the Division of Environmental Quality Fee Trust Fund under § 8-9-404(b)(1)(B) , § 8-9-404(c)(3)(A)(ii) , and § 8-9-404(d)(7)(B) .

(c) (1) At least ninety percent (90%) of the moneys available in the Used Tire Recycling Fund each fiscal year shall be used by the Division of Environmental Quality to provide reimbursements to used tire programs, to administer the Used Tire Recycling and Accountability Program, and to perform other duties under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. (2) The Director of the Division of Environmental Quality may use not more than ten percent (10%) of the moneys available in the Used Tire Recycling Fund each fiscal year: (A) For waste tire site abatement aid; (B) For the development, implementation, and maintenance of the electronic uniform used tire manifest system; and (C) To provide market and economic stimulus incentives.

(1) At least ninety percent (90%) of the moneys available in the Used Tire Recycling Fund each fiscal year shall be used by the Division of Environmental Quality to provide reimbursements to used tire programs, to administer the Used Tire Recycling and Accountability Program, and to perform other duties under the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.

(2) The Director of the Division of Environmental Quality may use not more than ten percent (10%) of the moneys available in the Used Tire Recycling Fund each fiscal year: (A) For waste tire site abatement aid; (B) For the development, implementation, and maintenance of the electronic uniform used tire manifest system; and (C) To provide market and economic stimulus incentives.

(A) For waste tire site abatement aid;

(B) For the development, implementation, and maintenance of the electronic uniform used tire manifest system; and

(C) To provide market and economic stimulus incentives.

Amended by Act 2019, No. 910,§ 3202, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3201, eff. 7/1/2019.

Added by Act 2017, No. 317,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 19-12-111 — AR Code / Title 19 / Chapter 12 / Subchapter 1 / Section 19-12-111
Creation of Arkansas Biosciences Institute Program Account
Status: in_force

(a) There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the Arkansas Biosciences Institute Program Account. Such account shall be used by the Arkansas Biosciences Institute and its members for such purposes and in such amounts as may be appropriated in law. (b) On each July 1, there shall be transferred from the fund to the account the amount specified in § 19-12-108(d)(1)(B) . (c) All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in § 19-12-115 or such other purposes as may be appropriated in law. (d) Moneys remaining in the account at the end of the first fiscal year of a biennium shall be carried forward and used for the purposes provided by law. Such amounts that remain at the end of a biennium shall be transferred to the fund pursuant to § 19-12-108(e) . Init. Meas. 2000, No. 1, § 11; Acts 2002 (1st Ex. Sess.), No. 2, § 7.

(a) There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the Arkansas Biosciences Institute Program Account. Such account shall be used by the Arkansas Biosciences Institute and its members for such purposes and in such amounts as may be appropriated in law.

(b) On each July 1, there shall be transferred from the fund to the account the amount specified in § 19-12-108(d)(1)(B) .

(c) All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in § 19-12-115 or such other purposes as may be appropriated in law.

(d) Moneys remaining in the account at the end of the first fiscal year of a biennium shall be carried forward and used for the purposes provided by law. Such amounts that remain at the end of a biennium shall be transferred to the fund pursuant to § 19-12-108(e) .

Init. Meas. 2000, No. 1, § 11; Acts 2002 (1st Ex. Sess.), No. 2, § 7.
Ark. Code Ann. § 19-5-970 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-970
Waste Disposal and Pollution Abatement Facilities Debt Service Reserve 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 "Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund". (b) The fund shall consist of proceeds from the sale of bonds as issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, general revenues, and any other funds made available by the General Assembly; there to be used only to ensure prompt payment of debt service on bonds issued under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., either at maturity or upon redemption prior to maturity, as administered by the Treasurer of State. Acts 1991, No. 1135, § 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 "Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund".

(b) The fund shall consist of proceeds from the sale of bonds as issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, general revenues, and any other funds made available by the General Assembly; there to be used only to ensure prompt payment of debt service on bonds issued under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., either at maturity or upon redemption prior to maturity, as administered by the Treasurer of State.

Acts 1991, No. 1135, § 10.
Ark. Code Ann. § 19-4-101 — AR Code / Title 19 / Chapter 4 / Subchapter 1 / Section 19-4-101
Title
Status: in_force

This chapter shall be referred to and may be cited as the "General Accounting and Budgetary Procedures Law". Acts 1973, No. 876, § 1; A.S.A. 1947, § 13-327.

This chapter shall be referred to and may be cited as the "General Accounting and Budgetary Procedures Law".

Acts 1973, No. 876, § 1; A.S.A. 1947, § 13-327.
Ark. Code Ann. § 19-11-207 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-207
Applicability
Status: in_force

(a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203 , under any contract. This subchapter shall not apply to either grants or contracts between the state and its political subdivisions or other governments, except as provided in §§ 19-11-206 and 19-11-249 - 19-11-258 . This subchapter also shall apply to the disposal of state commodities. This subchapter shall not apply to contracts between agencies, except as provided in §§ 19-11-206 and 19-11-249 - 19-11-258 . (b) The provisions of this subchapter shall not preclude the acceptance of gifts and donations in the manner authorized by law. Acts 1979, No. 482, § 9; A.S.A. 1947, § 14-237.2.

(a) This subchapter shall apply to every expenditure of public funds by this state, acting through a state agency as defined in § 19-11-203 , under any contract. This subchapter shall not apply to either grants or contracts between the state and its political subdivisions or other governments, except as provided in §§ 19-11-206 and 19-11-249 - 19-11-258 . This subchapter also shall apply to the disposal of state commodities. This subchapter shall not apply to contracts between agencies, except as provided in §§ 19-11-206 and 19-11-249 - 19-11-258 .

(b) The provisions of this subchapter shall not preclude the acceptance of gifts and donations in the manner authorized by law.

Acts 1979, No. 482, § 9; A.S.A. 1947, § 14-237.2.
Ark. Code Ann. § 19-7-1002 — AR Code / Title 19 / Chapter 7 / Subchapter 10 / Section 19-7-1002
Federal Elementary and Secondary Education Fund
Status: in_force

There shall be established on the books of the Treasurer of State a fund to be known as the "Federal Elementary and Secondary Education Fund". Acts 1965, No. 329, § 3.

There shall be established on the books of the Treasurer of State a fund to be known as the "Federal Elementary and Secondary Education Fund".

Acts 1965, No. 329, § 3.
Ark. Code Ann. § 19-4-503 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-503
Deposit of funds into State Treasury
Status: in_force

(a) The Chief Fiscal Officer of the State shall have the authority, upon request of a state agency having funds on deposit in a depository other than the State Treasury, to authorize the agency to deposit the moneys into the State Treasury. (b) The Chief Fiscal Officer of the State shall determine the classification of the funds and shall designate or create the State Treasury fund into which the moneys are to be deposited. (c) The appropriation acts which appropriated the cash moneys shall be construed to be in conformity with Arkansas Constitution, Article 5, § 29, and Arkansas Constitution, Article 16, § 12, for withdrawing moneys from the State Treasury. (d) All moneys deposited into the State Treasury under the provisions of this section shall be deposited as nonrevenue receipts and shall not be subjected to the provisions of § 19-5-205(e) unless the source of the revenue is specifically classified in § 19-6-201 or § 19-6-301 . (e) If any moneys classified as trust funds under the provisions of this section earn interest, then that interest shall be credited to the trust fund. Acts 1973, No. 876, § 12; 1977, No. 486, § 2; A.S.A. 1947, § 13-338.

(a) The Chief Fiscal Officer of the State shall have the authority, upon request of a state agency having funds on deposit in a depository other than the State Treasury, to authorize the agency to deposit the moneys into the State Treasury.

(b) The Chief Fiscal Officer of the State shall determine the classification of the funds and shall designate or create the State Treasury fund into which the moneys are to be deposited.

(c) The appropriation acts which appropriated the cash moneys shall be construed to be in conformity with Arkansas Constitution, Article 5, § 29, and Arkansas Constitution, Article 16, § 12, for withdrawing moneys from the State Treasury.

(d) All moneys deposited into the State Treasury under the provisions of this section shall be deposited as nonrevenue receipts and shall not be subjected to the provisions of § 19-5-205(e) unless the source of the revenue is specifically classified in § 19-6-201 or § 19-6-301 .

(e) If any moneys classified as trust funds under the provisions of this section earn interest, then that interest shall be credited to the trust fund.

Acts 1973, No. 876, § 12; 1977, No. 486, § 2; A.S.A. 1947, § 13-338.
Ark. Code Ann. § 19-4-1204 — AR Code / Title 19 / Chapter 4 / Subchapter 12 / Section 19-4-1204
Bond required
Status: in_force

(a) The disbursement of any funds in the State Treasury, of federal funds granted to the state or any state agency, of bank funds of any state agency, of trust funds of any state agency, or of any other special funds belonging to any state agency shall be done only by a bonded official or bonded employee in the manner prescribed by law. (b) Each disbursing officer or disbursing agent shall be required to furnish bond in the penal sum required by law or, in the absence of any law on the subject, in an amount fixed by the Chief Fiscal Officer of the State and the Auditor of State with a corporate surety company authorized to do business in this state and conditioned upon the faithful performance of his or her duties and for the proper accounting for all funds received and disbursed by him or her. Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340.

(a) The disbursement of any funds in the State Treasury, of federal funds granted to the state or any state agency, of bank funds of any state agency, of trust funds of any state agency, or of any other special funds belonging to any state agency shall be done only by a bonded official or bonded employee in the manner prescribed by law.

(b) Each disbursing officer or disbursing agent shall be required to furnish bond in the penal sum required by law or, in the absence of any law on the subject, in an amount fixed by the Chief Fiscal Officer of the State and the Auditor of State with a corporate surety company authorized to do business in this state and conditioned upon the faithful performance of his or her duties and for the proper accounting for all funds received and disbursed by him or her.

Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340.
Ark. Code Ann. § 19-5-1030 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1030
Lead-Based Paint-Hazard 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 "Lead-Based Paint-Hazard Fund". (b) The Lead-Based Paint-Hazard Fund shall consist of all moneys remaining in the Lead-Based Paint-Hazard Fund as of July 1, 2011, all moneys recovered under the Arkansas Lead-Based Paint-Hazard Act of 2011, § 20-27-2501 et seq., and any other moneys received by the state as a gift or donation to the Lead-Based Paint-Hazard Fund to be used for the lead-based program as administered by the Department of Health as set out in the Arkansas Lead-Based Paint-Hazard Act of 2011, § 20-27-2501 et seq. Acts 1999, No. 1463, § 21; 2011, No. 1011, § 5.

(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 "Lead-Based Paint-Hazard Fund".

(b) The Lead-Based Paint-Hazard Fund shall consist of all moneys remaining in the Lead-Based Paint-Hazard Fund as of July 1, 2011, all moneys recovered under the Arkansas Lead-Based Paint-Hazard Act of 2011, § 20-27-2501 et seq., and any other moneys received by the state as a gift or donation to the Lead-Based Paint-Hazard Fund to be used for the lead-based program as administered by the Department of Health as set out in the Arkansas Lead-Based Paint-Hazard Act of 2011, § 20-27-2501 et seq.

Acts 1999, No. 1463, § 21; 2011, No. 1011, § 5.
Ark. Code Ann. § 19-4-201 — AR Code / Title 19 / Chapter 4 / Subchapter 2 / Section 19-4-201
Authority of Governor
Status: in_force

(a) The Governor shall direct the execution of the state budget as approved by the General Assembly. The Governor or Governor-elect shall: (1) Review the budget requests and estimates of resources; (2) Evaluate long-range programs and consider possible alternatives to existing state agency programs, policies, and goals; and (3) Formulate and recommend for consideration by the Legislative Council and the General Assembly a proposed comprehensive state budget of programs and proposed financing which shall include all estimated receipts and expenditures of the state government. (b) (1) Proposed expenditures shall not exceed estimated available resources. Should the Governor or Governor-elect propose increased taxes in order to finance all proposed programs, two (2) sets of budgets must be submitted to the Legislative Council and the General Assembly, one (1) set based on the resources available from the then-existing tax laws and another showing the additional expenditures proposed to be financed from recommended tax increases. (2) (A) Budget requests for administration and operation of the legislative branch, the judicial branch, the elective constitutional offices, the Arkansas Department of Transportation, the Office of the Arkansas Lottery, and the Arkansas State Game and Fish Commission shall be submitted directly to the Legislative Council without any recommendation by the Governor. (B) Each budget request submitted under subdivision (b)(2)(A) of this section shall: (i) Include all of the information required for other public entities under this chapter; (ii) Be in substantially the same format as budget requests for other public entities under this chapter; and (iii) Include a detailed listing of any unappropriated funds, including without limitation the sources of the funds, the fund balances, and the expenditures of the funds for the previous fiscal year. (c) In order to carry out the provisions of this section, the Governor or Governor-elect shall: (1) Have the power, and it shall be his or her duty, to provide for hearings, if required, with the administrative head or any other persons having knowledge thereof, of any agency submitting a budget request in order for him or her to make his or her determinations and recommendations; and (2) Appear or appoint a designated representative to appear before the General Assembly or any committees or interim committees thereof to present his or her recommendations for the forthcoming budgetary period. Amended by Act 2019, No. 678,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 41, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 13, eff. 2/26/2015. Acts 1973, No. 876, § 3; A.S.A. 1947, § 13-329; Acts 2009, No. 605, § 14; 2009, No. 606, § 14.

(a) The Governor shall direct the execution of the state budget as approved by the General Assembly. The Governor or Governor-elect shall: (1) Review the budget requests and estimates of resources; (2) Evaluate long-range programs and consider possible alternatives to existing state agency programs, policies, and goals; and (3) Formulate and recommend for consideration by the Legislative Council and the General Assembly a proposed comprehensive state budget of programs and proposed financing which shall include all estimated receipts and expenditures of the state government.

(1) Review the budget requests and estimates of resources;

(2) Evaluate long-range programs and consider possible alternatives to existing state agency programs, policies, and goals; and

(3) Formulate and recommend for consideration by the Legislative Council and the General Assembly a proposed comprehensive state budget of programs and proposed financing which shall include all estimated receipts and expenditures of the state government.

(b) (1) Proposed expenditures shall not exceed estimated available resources. Should the Governor or Governor-elect propose increased taxes in order to finance all proposed programs, two (2) sets of budgets must be submitted to the Legislative Council and the General Assembly, one (1) set based on the resources available from the then-existing tax laws and another showing the additional expenditures proposed to be financed from recommended tax increases. (2) (A) Budget requests for administration and operation of the legislative branch, the judicial branch, the elective constitutional offices, the Arkansas Department of Transportation, the Office of the Arkansas Lottery, and the Arkansas State Game and Fish Commission shall be submitted directly to the Legislative Council without any recommendation by the Governor. (B) Each budget request submitted under subdivision (b)(2)(A) of this section shall: (i) Include all of the information required for other public entities under this chapter; (ii) Be in substantially the same format as budget requests for other public entities under this chapter; and (iii) Include a detailed listing of any unappropriated funds, including without limitation the sources of the funds, the fund balances, and the expenditures of the funds for the previous fiscal year.

(1) Proposed expenditures shall not exceed estimated available resources. Should the Governor or Governor-elect propose increased taxes in order to finance all proposed programs, two (2) sets of budgets must be submitted to the Legislative Council and the General Assembly, one (1) set based on the resources available from the then-existing tax laws and another showing the additional expenditures proposed to be financed from recommended tax increases.

(2) (A) Budget requests for administration and operation of the legislative branch, the judicial branch, the elective constitutional offices, the Arkansas Department of Transportation, the Office of the Arkansas Lottery, and the Arkansas State Game and Fish Commission shall be submitted directly to the Legislative Council without any recommendation by the Governor. (B) Each budget request submitted under subdivision (b)(2)(A) of this section shall: (i) Include all of the information required for other public entities under this chapter; (ii) Be in substantially the same format as budget requests for other public entities under this chapter; and (iii) Include a detailed listing of any unappropriated funds, including without limitation the sources of the funds, the fund balances, and the expenditures of the funds for the previous fiscal year.

(A) Budget requests for administration and operation of the legislative branch, the judicial branch, the elective constitutional offices, the Arkansas Department of Transportation, the Office of the Arkansas Lottery, and the Arkansas State Game and Fish Commission shall be submitted directly to the Legislative Council without any recommendation by the Governor.

(B) Each budget request submitted under subdivision (b)(2)(A) of this section shall: (i) Include all of the information required for other public entities under this chapter; (ii) Be in substantially the same format as budget requests for other public entities under this chapter; and (iii) Include a detailed listing of any unappropriated funds, including without limitation the sources of the funds, the fund balances, and the expenditures of the funds for the previous fiscal year.

(i) Include all of the information required for other public entities under this chapter;

(ii) Be in substantially the same format as budget requests for other public entities under this chapter; and

(iii) Include a detailed listing of any unappropriated funds, including without limitation the sources of the funds, the fund balances, and the expenditures of the funds for the previous fiscal year.

(c) In order to carry out the provisions of this section, the Governor or Governor-elect shall: (1) Have the power, and it shall be his or her duty, to provide for hearings, if required, with the administrative head or any other persons having knowledge thereof, of any agency submitting a budget request in order for him or her to make his or her determinations and recommendations; and (2) Appear or appoint a designated representative to appear before the General Assembly or any committees or interim committees thereof to present his or her recommendations for the forthcoming budgetary period.

(1) Have the power, and it shall be his or her duty, to provide for hearings, if required, with the administrative head or any other persons having knowledge thereof, of any agency submitting a budget request in order for him or her to make his or her determinations and recommendations; and

(2) Appear or appoint a designated representative to appear before the General Assembly or any committees or interim committees thereof to present his or her recommendations for the forthcoming budgetary period.

Amended by Act 2019, No. 678,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 41, eff. 8/1/2017.

Amended by Act 2015, No. 218,§ 13, eff. 2/26/2015.

Acts 1973, No. 876, § 3; A.S.A. 1947, § 13-329; Acts 2009, No. 605, § 14; 2009, No. 606, § 14.
Ark. Code Ann. § 19-11-106 — AR Code / Title 19 / Chapter 11 / Subchapter 1 / Section 19-11-106
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1080,§ 3, eff. 8/1/2017. Acts 2011, No. 882, § 1.

Repealed by Act 2017, No. 1080,§ 3, eff. 8/1/2017.

Acts 2011, No. 882, § 1.
Ark. Code Ann. § 19-5-1103 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1103
Property Tax Relief 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 special revenue fund to be known as the "Property Tax Relief Trust Fund". (b) The fund shall consist of such revenues as generated by §§ 26-52-302(c) , 26-52-317(c)(1)(B) , 26-52-319(a)(2)(B) , 26-53-107(c) , 26-53-145(c)(1)(B) , 26-53-148(a)(2)(B) , and 26-56-224(c)(2) and shall be used for such purposes as set out in § 26-26-310 . Amended by Act 2016EX3, No. 1,§ 9, eff. 7/1/2017. Amended by Act 2013, No. 1411,§ 3, eff. 7/1/2014. Acts 2001, No. 1646, § 10; 2007, No. 110, § 7; 2009, No. 1440, § 3; 2009, No. 1441, § 3; 2012, No. 271, § 3; 2012, No. 287, § 3.

(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 "Property Tax Relief Trust Fund".

(b) The fund shall consist of such revenues as generated by §§ 26-52-302(c) , 26-52-317(c)(1)(B) , 26-52-319(a)(2)(B) , 26-53-107(c) , 26-53-145(c)(1)(B) , 26-53-148(a)(2)(B) , and 26-56-224(c)(2) and shall be used for such purposes as set out in § 26-26-310 .

Amended by Act 2016EX3, No. 1,§ 9, eff. 7/1/2017.

Amended by Act 2013, No. 1411,§ 3, eff. 7/1/2014.

Acts 2001, No. 1646, § 10; 2007, No. 110, § 7; 2009, No. 1440, § 3; 2009, No. 1441, § 3; 2012, No. 271, § 3; 2012, No. 287, § 3.
Ark. Code Ann. § 19-4-301 — AR Code / Title 19 / Chapter 4 / Subchapter 3 / Section 19-4-301
Duties and responsibilities generally
Status: in_force

The Chief Fiscal Officer of the State shall carry out the following duties and responsibilities: (1) Assist the Governor or Governor-elect in the preparation of the comprehensive program and financial plan, including the coordination and analysis of state agency programs, goals, and objectives; (2) Develop procedures to produce the information needed for effective policy decision-making by the General Assembly and the Governor or Governor-elect; (3) Assist agencies in developing their statement of goals and objectives, their preparation of program plans and budget requests, and their systems of evaluating and reporting of program performance; (4) Provide the General Assembly or its interim committees with any information they may request; (5) Between sessions of the General Assembly, keep the Legislative Council and any interim committees of the General Assembly that request this information informed of the actual expenditures of agencies as compared to their approved budgets and of the actual performance of these agencies as compared to that predicted in the program budget requests, along with the reasons for any deviations which exist; and (6) Administer his or her responsibilities under the program budget provisions of this chapter so that the policy decisions and budget determinations of the General Assembly and Governor are effectively implemented. Acts 1973, No. 876, § 6; A.S.A 1947, § 13-332.

The Chief Fiscal Officer of the State shall carry out the following duties and responsibilities:

(1) Assist the Governor or Governor-elect in the preparation of the comprehensive program and financial plan, including the coordination and analysis of state agency programs, goals, and objectives;

(2) Develop procedures to produce the information needed for effective policy decision-making by the General Assembly and the Governor or Governor-elect;

(3) Assist agencies in developing their statement of goals and objectives, their preparation of program plans and budget requests, and their systems of evaluating and reporting of program performance;

(4) Provide the General Assembly or its interim committees with any information they may request;

(5) Between sessions of the General Assembly, keep the Legislative Council and any interim committees of the General Assembly that request this information informed of the actual expenditures of agencies as compared to their approved budgets and of the actual performance of these agencies as compared to that predicted in the program budget requests, along with the reasons for any deviations which exist; and

(6) Administer his or her responsibilities under the program budget provisions of this chapter so that the policy decisions and budget determinations of the General Assembly and Governor are effectively implemented.

Acts 1973, No. 876, § 6; A.S.A 1947, § 13-332.
Ark. Code Ann. § 19-5-504 — AR Code / Title 19 / Chapter 5 / Subchapter 5 / Section 19-5-504
Loans of anticipated proceeds of Aging and Adult Services Fund Account
Status: in_force

In addition to those purposes for which the Budget Stabilization Trust Fund may be used, the Department of Human Services may borrow from the Budget Stabilization Trust Fund an amount equal to eighty percent (80%) of the anticipated proceeds made available to the Aging and Adult Services Fund Account from nursing home bed license fees. The borrowed amounts are to be transferred to the Aging and Adult Services Fund Account in such amounts and under such restrictions and conditions as are determined to be in the best interest of the state by the Chief Fiscal Officer of the State and, in any event, shall be repaid to the Budget Stabilization Trust Fund in full by June 30 of the year in which the funds were borrowed. Acts 1987, No. 928, § 14; 1995, No. 1032, § 5.

In addition to those purposes for which the Budget Stabilization Trust Fund may be used, the Department of Human Services may borrow from the Budget Stabilization Trust Fund an amount equal to eighty percent (80%) of the anticipated proceeds made available to the Aging and Adult Services Fund Account from nursing home bed license fees. The borrowed amounts are to be transferred to the Aging and Adult Services Fund Account in such amounts and under such restrictions and conditions as are determined to be in the best interest of the state by the Chief Fiscal Officer of the State and, in any event, shall be repaid to the Budget Stabilization Trust Fund in full by June 30 of the year in which the funds were borrowed.

Acts 1987, No. 928, § 14; 1995, No. 1032, § 5.
Ark. Code Ann. § 19-5-950 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-950
Crime Victims Reparations Revolving 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 "Crime Victims Reparations Revolving Fund". (b) The Crime Victims Reparations Revolving Fund shall consist of moneys transferred or deposited from the State Administration of Justice Fund, twenty-four percent (24%) of the fees collected under § 12-12-1510(c) , and all other moneys received by the Crime Victims Reparations Board, there to be used to compensate and assist victims of criminal acts as set out in the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. Amended by Act 2015, No. 1185,§ 7, eff. 1/1/2016. Acts 1989, No. 629, § 11; 1993, No. 1073, § 9; 1997, No. 1248, § 15.

(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 "Crime Victims Reparations Revolving Fund".

(b) The Crime Victims Reparations Revolving Fund shall consist of moneys transferred or deposited from the State Administration of Justice Fund, twenty-four percent (24%) of the fees collected under § 12-12-1510(c) , and all other moneys received by the Crime Victims Reparations Board, there to be used to compensate and assist victims of criminal acts as set out in the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.

Amended by Act 2015, No. 1185,§ 7, eff. 1/1/2016.

Acts 1989, No. 629, § 11; 1993, No. 1073, § 9; 1997, No. 1248, § 15.
Ark. Code Ann. § 19-11-236 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-236
Prequalification of suppliers
Status: in_force

(a) (1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services. (2) Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. (b) Prequalifications shall not foreclose a written determination: (1) Between the time of the bid opening or receipt of offers and making of an award that a prequalified supplier is not responsible; or (2) That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible. Acts 1979, No. 482, § 37; A.S.A. 1947, § 14-262; Acts 2005, No. 1680, § 8.

(a) (1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services. (2) Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers.

(1) The State Procurement Director may provide for prequalification of suppliers as responsible prospective contractors for particular types of commodities, technical and general services, and professional and consultant services.

(2) Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers.

(b) Prequalifications shall not foreclose a written determination: (1) Between the time of the bid opening or receipt of offers and making of an award that a prequalified supplier is not responsible; or (2) That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.

(1) Between the time of the bid opening or receipt of offers and making of an award that a prequalified supplier is not responsible; or

(2) That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.

Acts 1979, No. 482, § 37; A.S.A. 1947, § 14-262; Acts 2005, No. 1680, § 8.
Ark. Code Ann. § 19-5-103 — AR Code / Title 19 / Chapter 5 / Subchapter 1 / Section 19-5-103
Fiscal year
Status: in_force

The fiscal year of the state, for the conduct of its financial affairs, shall commence on July 1 and end on June 30 of the following year. Acts 1973, No. 750,§ 3; A.S.A. 1947, § 13-509.

The fiscal year of the state, for the conduct of its financial affairs, shall commence on July 1 and end on June 30 of the following year.

Acts 1973, No. 750,§ 3; A.S.A. 1947, § 13-509.
Ark. Code Ann. § 19-4-1501 — AR Code / Title 19 / Chapter 4 / Subchapter 15 / Section 19-4-1501
Uniform system of perpetual inventory
Status: in_force

The Chief Fiscal Officer of the State shall prescribe and establish a uniform system of perpetual inventory for property and equipment with a central control being established and maintained in the Department of Finance and Administration. In connection therewith, the Chief Fiscal Officer of the State shall: (1) Prescribe the procedure of accounting and reporting for the sale, trade-in, exchange, discarding, junking, or other disposal of property and equipment and the system for receiving credit for lost, stolen, or damaged property and equipment. All state agencies shall be required to report promptly, upon forms approved by the Chief Fiscal Officer of the State, all such property or equipment disposed of, lost, or damaged; (2) Require that the addition and disposition of all new property or equipment added, including purchase, trade-in, exchange, or transfer, or by constructing or making such property or equipment, shall be promptly reported upon such forms and in such detail as shall be required; and (3) By rule, distinguish between items of equipment, and consumable supplies or goods, and such minor tools, materials, and parts as shall be deemed by him or her to be expendable within a reasonable period of time. He or she may also prescribe that minor equipment costing less than some minimum amount shall not be included in the perpetual inventory. Amended by Act 2019, No. 315,§ 1734, eff. 7/24/2019. Acts 1973, No. 876, § 26; A.S.A. 1947, § 13-352; Acts 2001, No. 1453, § 42.

The Chief Fiscal Officer of the State shall prescribe and establish a uniform system of perpetual inventory for property and equipment with a central control being established and maintained in the Department of Finance and Administration. In connection therewith, the Chief Fiscal Officer of the State shall:

(1) Prescribe the procedure of accounting and reporting for the sale, trade-in, exchange, discarding, junking, or other disposal of property and equipment and the system for receiving credit for lost, stolen, or damaged property and equipment. All state agencies shall be required to report promptly, upon forms approved by the Chief Fiscal Officer of the State, all such property or equipment disposed of, lost, or damaged;

(2) Require that the addition and disposition of all new property or equipment added, including purchase, trade-in, exchange, or transfer, or by constructing or making such property or equipment, shall be promptly reported upon such forms and in such detail as shall be required; and

(3) By rule, distinguish between items of equipment, and consumable supplies or goods, and such minor tools, materials, and parts as shall be deemed by him or her to be expendable within a reasonable period of time. He or she may also prescribe that minor equipment costing less than some minimum amount shall not be included in the perpetual inventory.

Amended by Act 2019, No. 315,§ 1734, eff. 7/24/2019.

Acts 1973, No. 876, § 26; A.S.A. 1947, § 13-352; Acts 2001, No. 1453, § 42.
Ark. Code Ann. § 19-1-302 — AR Code / Title 19 / Chapter 1 / Subchapter 3 / Section 19-1-302
Before adoption of rule, etc
Status: in_force

(a) No rule, policy, order, or administrative law which would have a fiscal impact on any municipality or county in this state shall be valid unless, thirty (30) days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of the State of Arkansas, excepting the General Assembly, the courts, and the Governor, the board, commission, agency, department, officer, or other authority has filed a fiscal impact statement with the Secretary of State. (b) Any municipality or county which will be affected by the proposed rule, policy, order, or administrative law upon request shall immediately be furnished with a copy of the fiscal impact statement by the board, commission, agency, department, officer, or other authority. Amended by Act 2019, No. 315,§ 1694, eff. 7/24/2019. Acts 1977, No. 221, § 2; A.S.A. 1947, § 13-2302.

(a) No rule, policy, order, or administrative law which would have a fiscal impact on any municipality or county in this state shall be valid unless, thirty (30) days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of the State of Arkansas, excepting the General Assembly, the courts, and the Governor, the board, commission, agency, department, officer, or other authority has filed a fiscal impact statement with the Secretary of State.

(b) Any municipality or county which will be affected by the proposed rule, policy, order, or administrative law upon request shall immediately be furnished with a copy of the fiscal impact statement by the board, commission, agency, department, officer, or other authority.

Amended by Act 2019, No. 315,§ 1694, eff. 7/24/2019.

Acts 1977, No. 221, § 2; A.S.A. 1947, § 13-2302.
Ark. Code Ann. § 19-7-708 — AR Code / Title 19 / Chapter 7 / Subchapter 7 / Section 19-7-708
Personnel transfers
Status: in_force

No employee transferred as a result of the reorganization of the Office of Title XX Services shall lose status under the Arkansas Rules for Merit Systems Administration as a result of transfer. Acts 1981, No. 538, § 11; A.S.A. 1947, § 13-750.

No employee transferred as a result of the reorganization of the Office of Title XX Services shall lose status under the Arkansas Rules for Merit Systems Administration as a result of transfer.

Acts 1981, No. 538, § 11; A.S.A. 1947, § 13-750.
Ark. Code Ann. § 19-5-1088 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1088
Bail Bondsman Board 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 "Bail Bondsman Board Fund". (b) The fund shall consist of those moneys collected under §§ 17-19-111 and 17-19-301 and other moneys from the collection of fees, there to be used exclusively for the operation of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. Amended by Act 2013, No. 1283,§ 4, eff. 8/16/2013. Acts 1997, No. 1248, § 40.

(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 "Bail Bondsman Board Fund".

(b) The fund shall consist of those moneys collected under §§ 17-19-111 and 17-19-301 and other moneys from the collection of fees, there to be used exclusively for the operation of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

Amended by Act 2013, No. 1283,§ 4, eff. 8/16/2013.

Acts 1997, No. 1248, § 40.
Ark. Code Ann. § 19-4-1410 — AR Code / Title 19 / Chapter 4 / Subchapter 14 / Section 19-4-1410
Completion of contracts
Status: in_force

Upon completion of each contract awarded for the fulfillment of a project authorized by the General Assembly: (1) The affected state agency shall notify the Department of Finance and Administration of the culmination of the contract; (2) No further expenditures or obligations will be incurred; and (3) The unexpended and unobligated funds shall be impounded. Acts 1973, No. 876, § 22; 1975, No. 985, § 1; A.S.A. 1947, § 13-348.

Upon completion of each contract awarded for the fulfillment of a project authorized by the General Assembly:

(1) The affected state agency shall notify the Department of Finance and Administration of the culmination of the contract;

(2) No further expenditures or obligations will be incurred; and

(3) The unexpended and unobligated funds shall be impounded.

Acts 1973, No. 876, § 22; 1975, No. 985, § 1; A.S.A. 1947, § 13-348.
Ark. Code Ann. § 19-5-962 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-962
State Health Department Building and Local Grant 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 "State Health Department Building and Local Grant Trust Fund". (b) Except as provided in § 20-7-203(b) , the fund shall consist of moneys authorized by law to be used only for expansion, renovation, construction, or improvements to the State Health Department building and for grants for construction, renovation, or other expansion of approved local health unit facilities in this state and moneys authorized under § 20-7-408(f) . Amended by Act 2017, No. 752,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 206,§ 4, eff. 8/1/2017. Acts 1991, No. 1135, § 10; 1995, No. 1163, § 21.

(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 "State Health Department Building and Local Grant Trust Fund".

(b) Except as provided in § 20-7-203(b) , the fund shall consist of moneys authorized by law to be used only for expansion, renovation, construction, or improvements to the State Health Department building and for grants for construction, renovation, or other expansion of approved local health unit facilities in this state and moneys authorized under § 20-7-408(f) .

Amended by Act 2017, No. 752,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 206,§ 4, eff. 8/1/2017.

Acts 1991, No. 1135, § 10; 1995, No. 1163, § 21.
Ark. Code Ann. § 19-4-1305 — AR Code / Title 19 / Chapter 4 / Subchapter 13 / Section 19-4-1305
Failure to perform duties
Status: in_force

If the Chief Fiscal Officer of the State fails to perform his or her duties as mandated under the provisions of this subchapter and within the time limitations set forth in it, he or she shall be guilty of misfeasance of his or her office and may be removed from office in the manner provided by law. Acts 1983, No. 781, § 4; A.S.A. 1947, § 13-377.

If the Chief Fiscal Officer of the State fails to perform his or her duties as mandated under the provisions of this subchapter and within the time limitations set forth in it, he or she shall be guilty of misfeasance of his or her office and may be removed from office in the manner provided by law.

Acts 1983, No. 781, § 4; A.S.A. 1947, § 13-377.
Ark. Code Ann. § 19-6-110 — AR Code / Title 19 / Chapter 6 / Subchapter 1 / Section 19-6-110
Mixed funds
Status: in_force

If, at the close of any fiscal year, a balance remains in any State Treasury fund, fund account, or account which is subject to transfer at the close of a fiscal year, and into which both general revenues and either special revenues, nonrevenue receipts, or federal reimbursements are deposited and expended, the special revenue portion of the balance shall be the proportion that the amount of special revenues credited to such fund or fund account is to total funds credited to the fund or fund account in each fiscal year. The special revenue portion of the balance shall be carried forward to the next fiscal year and shall be used solely for the purposes for which it was collected as provided by law. Acts 1973, No. 808, § 13; 1985, No. 65, § 5; A.S.A. 1947, § 13-503.12.

If, at the close of any fiscal year, a balance remains in any State Treasury fund, fund account, or account which is subject to transfer at the close of a fiscal year, and into which both general revenues and either special revenues, nonrevenue receipts, or federal reimbursements are deposited and expended, the special revenue portion of the balance shall be the proportion that the amount of special revenues credited to such fund or fund account is to total funds credited to the fund or fund account in each fiscal year. The special revenue portion of the balance shall be carried forward to the next fiscal year and shall be used solely for the purposes for which it was collected as provided by law.

Acts 1973, No. 808, § 13; 1985, No. 65, § 5; A.S.A. 1947, § 13-503.12.
Ark. Code Ann. § 19-6-842 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-842
Arkansas Cyber 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 special revenue fund to be known as the "Arkansas Cyber Initiative Fund". (b) The fund shall consist of: (1) All moneys appropriated to the fund by the General Assembly; and (2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources. (c) The fund shall be used by the Arkansas Economic Development Commission for the purposes set out in the Arkansas Cyber Initiative Act, § 25-26-301 et seq. Added by Act 2019, No. 1085,§ 2, 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 "Arkansas Cyber Initiative Fund".

(b) The fund shall consist of: (1) All moneys appropriated to the fund by the General Assembly; and (2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources.

(1) All moneys appropriated to the fund by the General Assembly; and

(2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources.

(c) The fund shall be used by the Arkansas Economic Development Commission for the purposes set out in the Arkansas Cyber Initiative Act, § 25-26-301 et seq.

Added by Act 2019, No. 1085,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 19-4-1203 — AR Code / Title 19 / Chapter 4 / Subchapter 12 / Section 19-4-1203
Disbursing agents
Status: in_force

In the event the executive head of any state agency shall designate some full-time employee to act as his or her agent in the disbursement of funds under his or her control, then that agent may act without furnishing additional bond if the executive head of that agency shall notify the Chief Fiscal Officer of the State and the Auditor of State in writing of such designation. Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340; Acts 2001, No. 1453, § 35.

In the event the executive head of any state agency shall designate some full-time employee to act as his or her agent in the disbursement of funds under his or her control, then that agent may act without furnishing additional bond if the executive head of that agency shall notify the Chief Fiscal Officer of the State and the Auditor of State in writing of such designation.

Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340; Acts 2001, No. 1453, § 35.
Ark. Code Ann. § 19-8-110 — AR Code / Title 19 / Chapter 8 / Subchapter 1 / Section 19-8-110
Farm credit obligations as security
Status: in_force

It shall be lawful for any person, firm, or corporation required by law to maintain a cash deposit as public security, or in lieu thereof to file a bond of approved security in favor of the State of Arkansas, to deposit with the officer of the State of Arkansas designated as the custodian of funds, in lieu of a cash deposit, an amount of notes, bonds, debentures, or other similar obligations issued by the Federal Land Banks, Federal Intermediate Credit Banks, or Banks for Cooperatives, or any other obligations issued pursuant to the provisions of an act of the United States Congress known as the Farm Credit Act of 1971, and acts amendatory thereto, which at the market value thereof shall equal or be in excess of the amount required as cash deposit. Acts 1921, No. 465, § 2; Pope's Dig., § 788; Acts 1975, No. 216, § 1; A.S.A. 1947, § 13-808.

It shall be lawful for any person, firm, or corporation required by law to maintain a cash deposit as public security, or in lieu thereof to file a bond of approved security in favor of the State of Arkansas, to deposit with the officer of the State of Arkansas designated as the custodian of funds, in lieu of a cash deposit, an amount of notes, bonds, debentures, or other similar obligations issued by the Federal Land Banks, Federal Intermediate Credit Banks, or Banks for Cooperatives, or any other obligations issued pursuant to the provisions of an act of the United States Congress known as the Farm Credit Act of 1971, and acts amendatory thereto, which at the market value thereof shall equal or be in excess of the amount required as cash deposit.

Acts 1921, No. 465, § 2; Pope's Dig., § 788; Acts 1975, No. 216, § 1; A.S.A. 1947, § 13-808.
Ark. Code Ann. § 19-7-101 — AR Code / Title 19 / Chapter 7 / Subchapter 1 / Section 19-7-101
Reports to Legislative Council
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall file quarterly reports with the Legislative Council itemizing and summarizing all contracts or agreements entered into by the Governor with the United States Government, or any agencies or instrumentalities thereof, whereby the State of Arkansas is to participate in any program involving the expenditure of federal funds, whether or not state funds are obligated in connection therewith, with respect to new federal programs, or expansion of existing federal programs which were not in existence or which were not implemented by state participation, at the time of the adjournment of the regular session of the General Assembly and entered into prior to the convening of the next regular session of the General Assembly. (b) The report shall list, with respect to each such contract or agreement: (1) A brief statement of the purposes of the agreement; (2) The amount of federal funds to be expended thereunder; (3) The amount of any state matching funds required in connection with the program, if any; (4) The name of the agency or department that will administer the program; and (5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement. Amended by Act 2019, No. 910,§ 3469, eff. 7/1/2019. Acts 1971, No. 191, § 1; A.S.A. 1947, § 13-733.

(a) The Secretary of the Department of Finance and Administration shall file quarterly reports with the Legislative Council itemizing and summarizing all contracts or agreements entered into by the Governor with the United States Government, or any agencies or instrumentalities thereof, whereby the State of Arkansas is to participate in any program involving the expenditure of federal funds, whether or not state funds are obligated in connection therewith, with respect to new federal programs, or expansion of existing federal programs which were not in existence or which were not implemented by state participation, at the time of the adjournment of the regular session of the General Assembly and entered into prior to the convening of the next regular session of the General Assembly.

(b) The report shall list, with respect to each such contract or agreement: (1) A brief statement of the purposes of the agreement; (2) The amount of federal funds to be expended thereunder; (3) The amount of any state matching funds required in connection with the program, if any; (4) The name of the agency or department that will administer the program; and (5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement.

(1) A brief statement of the purposes of the agreement;

(2) The amount of federal funds to be expended thereunder;

(3) The amount of any state matching funds required in connection with the program, if any;

(4) The name of the agency or department that will administer the program; and

(5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement.

Amended by Act 2019, No. 910,§ 3469, eff. 7/1/2019.

Acts 1971, No. 191, § 1; A.S.A. 1947, § 13-733.
Ark. Code Ann. § 19-11-217 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-217
Powers and duties of State Procurement Director
Status: in_force

(a) The State Procurement Director shall serve as the principal procurement officer of the state. (b) (1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this subchapter. (2) In addition, consistent with the provisions of this subchapter, the director may adopt rules governing the internal procedures of the Office of State Procurement. (c) Except as otherwise specifically provided in this subchapter, the director, within the limitations of this subchapter and the rules promulgated under authority of this subchapter: (1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract; (2) [Repealed.] (3) Shall manage and establish internal procedures for the office; (4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state; (5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services; (6) Shall establish and manage a list of vendors desiring written notice of invitations for bid; (7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid; (8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter; (9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition; (10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process; (11) Shall ensure that vendor performance reports are available to and searchable by state agencies; (12) Shall provide for enhanced training on the drafting of specifications for procurements; (13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation; (14) Upon the written request of a state agency or an actual or prospective bidder, offeror, or contractor, may declare his or her administrative interpretation of any provision of this subchapter and issue an advisory opinion regarding the construction and application of the provision; and (15) May negotiate and enter into a nonmandatory state contract with retailers for special prices or rates for commodities or services, or both, for the benefit of public procurement entities, independent of the source selection methods in §§ 19-11-228 and 19-11-229 , if the contractor agrees to provide the commodities or services, or both, subject to the contract at either the standard retail price or a discounted price. Amended by Act 2023, No. 556,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 556,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 793,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1757, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1756, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 418,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 417,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6106, eff. 7/1/2019. Acts 1979, No. 482, § 15; A.S.A. 1947, § 14-243; Acts 1991, No. 1018, § 2; 2001, No. 1237, § 9; 2005, No. 2322, § 1.

(a) The State Procurement Director shall serve as the principal procurement officer of the state.

(b) (1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this subchapter. (2) In addition, consistent with the provisions of this subchapter, the director may adopt rules governing the internal procedures of the Office of State Procurement.

(1) Except as otherwise provided in this subchapter and upon the approval of the Secretary of the Department of Transformation and Shared Services, the State Procurement Director shall have the authority and responsibility to promulgate rules consistent with this subchapter.

(2) In addition, consistent with the provisions of this subchapter, the director may adopt rules governing the internal procedures of the Office of State Procurement.

(c) Except as otherwise specifically provided in this subchapter, the director, within the limitations of this subchapter and the rules promulgated under authority of this subchapter: (1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract; (2) [Repealed.] (3) Shall manage and establish internal procedures for the office; (4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state; (5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services; (6) Shall establish and manage a list of vendors desiring written notice of invitations for bid; (7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid; (8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter; (9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition; (10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process; (11) Shall ensure that vendor performance reports are available to and searchable by state agencies; (12) Shall provide for enhanced training on the drafting of specifications for procurements; (13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation; (14) Upon the written request of a state agency or an actual or prospective bidder, offeror, or contractor, may declare his or her administrative interpretation of any provision of this subchapter and issue an advisory opinion regarding the construction and application of the provision; and (15) May negotiate and enter into a nonmandatory state contract with retailers for special prices or rates for commodities or services, or both, for the benefit of public procurement entities, independent of the source selection methods in §§ 19-11-228 and 19-11-229 , if the contractor agrees to provide the commodities or services, or both, subject to the contract at either the standard retail price or a discounted price.

(1) Shall procure or supervise the procurement of all commodities and services for each state agency not having an agency procurement official and, when requested to do so by such an official, procure commodities and services not otherwise under state contract;

(2) [Repealed.]

(3) Shall manage and establish internal procedures for the office;

(4) Shall sell, trade, or otherwise dispose of surplus commodities belonging to the state;

(5) May establish and maintain programs for the inspection, testing, and acceptance of commodities and services;

(6) Shall establish and manage a list of vendors desiring written notice of invitations for bid;

(7) May establish, by rule, a fee for receiving a written or electronic notice of invitations for bid;

(8) Shall ensure compliance with this subchapter and implementing rules by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under this subchapter;

(9) Shall create a roster of expiring contracts entered into by a state agency for which there is no new requisition;

(10) Shall analyze information captured in state systems to measure and track the contract routing process to identify stakeholders that may be contributing to the elongation of the contracting process;

(11) Shall ensure that vendor performance reports are available to and searchable by state agencies;

(12) Shall provide for enhanced training on the drafting of specifications for procurements;

(13) Shall maintain records of bids and proposals that are rejected by the office for failure to adhere to the mandatory requirements of a solicitation;

(14) Upon the written request of a state agency or an actual or prospective bidder, offeror, or contractor, may declare his or her administrative interpretation of any provision of this subchapter and issue an advisory opinion regarding the construction and application of the provision; and

(15) May negotiate and enter into a nonmandatory state contract with retailers for special prices or rates for commodities or services, or both, for the benefit of public procurement entities, independent of the source selection methods in §§ 19-11-228 and 19-11-229 , if the contractor agrees to provide the commodities or services, or both, subject to the contract at either the standard retail price or a discounted price.

Amended by Act 2023, No. 556,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 556,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 793,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1757, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1756, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 418,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 417,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6106, eff. 7/1/2019.

Acts 1979, No. 482, § 15; A.S.A. 1947, § 14-243; Acts 1991, No. 1018, § 2; 2001, No. 1237, § 9; 2005, No. 2322, § 1.
Ark. Code Ann. § 19-11-1407 — AR Code / Title 19 / Chapter 11 / Subchapter 14 / Section 19-11-1407
Construction manager-general contractor selection
Status: in_force

(a) The Arkansas Department of Transportation shall: (1) Prepare contract plans, specifications, special provisions, and other requirements composing the contract for construction of a transportation project elected for procurement using the construction manager-general contract method authorized by this subchapter; (2) Prepare a detailed construction cost estimate to evaluate the appropriate price for the construction of the transportation project; (3) If requested by the Director of State Highways and Transportation, have an independent third-party cost estimator prepare a detailed construction cost estimate to confirm the appropriate price for the construction of the transportation project; (4) Include in the contract created by subdivision (a)(1) of this section a requirement that the construction manager-general contractor perform at least thirty percent (30%) of the total cost for construction, not including the preconstruction work performed by the construction manager-general contractor; and (5) (A) Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded. (B) Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., but only until after the contract has been awarded. (b) A construction manager-general contractor shall submit to the department a guaranteed maximum price for the construction of the transportation project using the contract plans, specifications, special provisions, and other requirements prepared by the department as required by subdivision (a)(1) of this section. (c) The department may award the contract to a construction manager-general contractor if the guaranteed maximum price does not exceed the cost estimate provided by the department or independent third party by more than ten percent (10%). (d) If the director rejects the proposed guaranteed maximum price, the department may: (1) Work with the construction manager-general contractor to find a guaranteed maximum price that is acceptable to both parties; or (2) Request that the construction manager-general contractor provide additional preconstruction services and submit a new guaranteed maximum price as directed by this section. (e) If the department does not award the contract to a construction manager-general contractor, the department may proceed with the transportation project using a procurement process authorized by law. Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.

(a) The Arkansas Department of Transportation shall: (1) Prepare contract plans, specifications, special provisions, and other requirements composing the contract for construction of a transportation project elected for procurement using the construction manager-general contract method authorized by this subchapter; (2) Prepare a detailed construction cost estimate to evaluate the appropriate price for the construction of the transportation project; (3) If requested by the Director of State Highways and Transportation, have an independent third-party cost estimator prepare a detailed construction cost estimate to confirm the appropriate price for the construction of the transportation project; (4) Include in the contract created by subdivision (a)(1) of this section a requirement that the construction manager-general contractor perform at least thirty percent (30%) of the total cost for construction, not including the preconstruction work performed by the construction manager-general contractor; and (5) (A) Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded. (B) Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., but only until after the contract has been awarded.

(1) Prepare contract plans, specifications, special provisions, and other requirements composing the contract for construction of a transportation project elected for procurement using the construction manager-general contract method authorized by this subchapter;

(2) Prepare a detailed construction cost estimate to evaluate the appropriate price for the construction of the transportation project;

(3) If requested by the Director of State Highways and Transportation, have an independent third-party cost estimator prepare a detailed construction cost estimate to confirm the appropriate price for the construction of the transportation project;

(4) Include in the contract created by subdivision (a)(1) of this section a requirement that the construction manager-general contractor perform at least thirty percent (30%) of the total cost for construction, not including the preconstruction work performed by the construction manager-general contractor; and

(5) (A) Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded. (B) Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., but only until after the contract has been awarded.

(A) Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded.

(B) Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., but only until after the contract has been awarded.

(b) A construction manager-general contractor shall submit to the department a guaranteed maximum price for the construction of the transportation project using the contract plans, specifications, special provisions, and other requirements prepared by the department as required by subdivision (a)(1) of this section.

(c) The department may award the contract to a construction manager-general contractor if the guaranteed maximum price does not exceed the cost estimate provided by the department or independent third party by more than ten percent (10%).

(d) If the director rejects the proposed guaranteed maximum price, the department may: (1) Work with the construction manager-general contractor to find a guaranteed maximum price that is acceptable to both parties; or (2) Request that the construction manager-general contractor provide additional preconstruction services and submit a new guaranteed maximum price as directed by this section.

(1) Work with the construction manager-general contractor to find a guaranteed maximum price that is acceptable to both parties; or

(2) Request that the construction manager-general contractor provide additional preconstruction services and submit a new guaranteed maximum price as directed by this section.

(e) If the department does not award the contract to a construction manager-general contractor, the department may proceed with the transportation project using a procurement process authorized by law.

Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 19-11-1004 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1004
Restrictions on contracts
Status: in_force

(a) No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (b) No contract shall be approved that would be in violation of § 19-4-701 et seq. relating to expenditures. (c) (1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403 . (2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education. (3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education. (d) No director or any other department head of any state agency shall receive additional compensation under this subchapter. (e) (1) Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited. (2) However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under § 25-4-112 for which professional services contracts may be used. Amended by Act 2023, No. 786,§ 36, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2277, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 6, eff. 7/1/2017. Acts 2003, No. 1315, § 13.

(a) No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.

(b) No contract shall be approved that would be in violation of § 19-4-701 et seq. relating to expenditures.

(c) (1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403 . (2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education. (3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education.

(1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403 .

(2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education.

(3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education.

(A) The institution of higher education requests and receives written approval from the Commissioner of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and

(B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education.

(d) No director or any other department head of any state agency shall receive additional compensation under this subchapter.

(e) (1) Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited. (2) However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under § 25-4-112 for which professional services contracts may be used.

(1) Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited.

(2) However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under § 25-4-112 for which professional services contracts may be used.

Amended by Act 2023, No. 786,§ 36, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2277, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 6, eff. 7/1/2017.

Acts 2003, No. 1315, § 13.
Ark. Code Ann. § 19-6-456 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-456
Nursing Home Personnel Training Fund
Status: in_force

The Nursing Home Personnel Training Fund shall consist of those special revenues as specified in § 19-6-301 (138), there to be utilized by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services for development and implementation of training programs as set out in § 20-10-401 et seq. Acts 1989, No. 551, § 7.

The Nursing Home Personnel Training Fund shall consist of those special revenues as specified in § 19-6-301 (138), there to be utilized by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services for development and implementation of training programs as set out in § 20-10-401 et seq.

Acts 1989, No. 551, § 7.
Ark. Code Ann. § 19-11-261 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-261
Cooperative purchase of paper products for local governments
Status: in_force

(a) (1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products. (2) The program shall be administered by the State Procurement Director. (b) (1) The director shall promulgate rules for administration of the program. (2) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the committees. Amended by Act 2019, No. 315,§ 1784, eff. 7/24/2019. Acts 1991, No. 749, § 4; 1997, No. 179, § 18; 2001, No. 1237, § 46.

(a) (1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products. (2) The program shall be administered by the State Procurement Director.

(1) All cities, counties, and school districts shall participate in a cooperative purchasing program for the purchase of paper products.

(2) The program shall be administered by the State Procurement Director.

(b) (1) The director shall promulgate rules for administration of the program. (2) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the committees.

(1) The director shall promulgate rules for administration of the program.

(2) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the committees.

Amended by Act 2019, No. 315,§ 1784, eff. 7/24/2019.

Acts 1991, No. 749, § 4; 1997, No. 179, § 18; 2001, No. 1237, § 46.
Ark. Code Ann. § 19-6-487 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-487
[Repealed]
Status: repealed

Repealed by Act 2017, No. 263,§ 5, eff. 8/1/2017. Acts 2003, No. 1816, § 2.

Repealed by Act 2017, No. 263,§ 5, eff. 8/1/2017.

Acts 2003, No. 1816, § 2.
Ark. Code Ann. § 19-4-806 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-806
Petty cash accounts
Status: in_force

(a) State agencies operating under the provisions of this subchapter are authorized to establish petty cash accounts. These accounts must be approved by the Chief Fiscal Officer of the State and only minor expenditures or emergency purchases shall be made therefrom. (b) State-supported institutions of higher education and other agencies that can demonstrate the need for large petty cash accounts during brief periods of time, such as student registration periods, are authorized short-term petty cash accounts. Acts 1975, No. 5, § 10; A.S.A. 1947, § 13-365; Acts 2003, No. 656, § 1.

(a) State agencies operating under the provisions of this subchapter are authorized to establish petty cash accounts. These accounts must be approved by the Chief Fiscal Officer of the State and only minor expenditures or emergency purchases shall be made therefrom.

(b) State-supported institutions of higher education and other agencies that can demonstrate the need for large petty cash accounts during brief periods of time, such as student registration periods, are authorized short-term petty cash accounts.

Acts 1975, No. 5, § 10; A.S.A. 1947, § 13-365; Acts 2003, No. 656, § 1.
Ark. Code Ann. § 19-11-1403 — AR Code / Title 19 / Chapter 11 / Subchapter 14 / Section 19-11-1403
Definitions
Status: in_force

As used in this subchapter: (1) "Authorized contingency" means a provision prepared and submitted by the construction manager-general contractor as part of the guaranteed maximum price that is designed to cover costs that may result from: (A) Incomplete design; (B) Unforeseen and unpredictable conditions; or (C) Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties; (2) "Construction manager-general contractor" means a business firm or a legal entity selected by the Director of State Highways and Transportation to act as a construction manager to provide preconstruction services during the design and development phase of a transportation project; (3) "Construction manager-general contractor method" means a transportation project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services and may subsequently construct the whole transportation project or any part of the transportation project as the general contractor if the Arkansas Department of Transportation and the construction manager-general contractor reach an agreement on a guaranteed maximum price; (4) "Guaranteed maximum price" means: (A) The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's: (i) Direct costs; (ii) Overhead; (iii) Profit; and (iv) Any authorized contingency; and (B) Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing; (5) "Preconstruction services" means work, labor, or services, including services furnished in connection with the design and development of a transportation project before the construction phase, including without limitation: (A) Cost estimates; (B) Schedule analysis; (C) Sequencing of work; (D) Risk identification and mitigation; (E) Constructability reviews; (F) Evaluation of alternative construction options; (G) Assistance with various permits; (H) Coordination with public or private utility service providers; (I) Communication with third-party stakeholders or the public; and (J) Development of a guaranteed maximum price; and (6) "Request for proposals" means a document or publication soliciting proposals for a contract for construction of a transportation project between a construction manager-general contractor and the department. Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Authorized contingency" means a provision prepared and submitted by the construction manager-general contractor as part of the guaranteed maximum price that is designed to cover costs that may result from: (A) Incomplete design; (B) Unforeseen and unpredictable conditions; or (C) Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties;

(A) Incomplete design;

(B) Unforeseen and unpredictable conditions; or

(C) Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties;

(2) "Construction manager-general contractor" means a business firm or a legal entity selected by the Director of State Highways and Transportation to act as a construction manager to provide preconstruction services during the design and development phase of a transportation project;

(3) "Construction manager-general contractor method" means a transportation project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services and may subsequently construct the whole transportation project or any part of the transportation project as the general contractor if the Arkansas Department of Transportation and the construction manager-general contractor reach an agreement on a guaranteed maximum price;

(4) "Guaranteed maximum price" means: (A) The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's: (i) Direct costs; (ii) Overhead; (iii) Profit; and (iv) Any authorized contingency; and (B) Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;

(A) The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's: (i) Direct costs; (ii) Overhead; (iii) Profit; and (iv) Any authorized contingency; and

(i) Direct costs;

(ii) Overhead;

(iii) Profit; and

(iv) Any authorized contingency; and

(B) Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;

(5) "Preconstruction services" means work, labor, or services, including services furnished in connection with the design and development of a transportation project before the construction phase, including without limitation: (A) Cost estimates; (B) Schedule analysis; (C) Sequencing of work; (D) Risk identification and mitigation; (E) Constructability reviews; (F) Evaluation of alternative construction options; (G) Assistance with various permits; (H) Coordination with public or private utility service providers; (I) Communication with third-party stakeholders or the public; and (J) Development of a guaranteed maximum price; and

(A) Cost estimates;

(B) Schedule analysis;

(C) Sequencing of work;

(D) Risk identification and mitigation;

(E) Constructability reviews;

(F) Evaluation of alternative construction options;

(G) Assistance with various permits;

(H) Coordination with public or private utility service providers;

(I) Communication with third-party stakeholders or the public; and

(J) Development of a guaranteed maximum price; and

(6) "Request for proposals" means a document or publication soliciting proposals for a contract for construction of a transportation project between a construction manager-general contractor and the department.

Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 19-4-810 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-810
Voucher examination and approval - Responsibilities of state agency executive administrators
Status: in_force

(a) Responsibilities of State Agency Executive Administrator. It shall be the responsibility of each executive head of a state agency handling cash funds to establish adequate internal administrative procedures and controls to ensure prompt and accurate payment of obligations to be liquidated from such funds in order to promote good public relations and to take advantage of all available discounts. (b) It shall also be the responsibility of the state agency executive head to establish a system of pre-audit within his or her agency to ensure that checks and vouchers, before being released by the state agency, are prepared in accordance with all applicable purchasing and fiscal laws on the subject 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 legislative authorization for expenditures and funds is available for payment of the obligation; and (7) The obligation was incurred in conformity with all purchasing and fiscal laws applicable to state agencies operating out of the State Treasury. Acts 1991, No. 21, § 1.

(a) Responsibilities of State Agency Executive Administrator. It shall be the responsibility of each executive head of a state agency handling cash funds to establish adequate internal administrative procedures and controls to ensure prompt and accurate payment of obligations to be liquidated from such funds in order to promote good public relations and to take advantage of all available discounts.

(b) It shall also be the responsibility of the state agency executive head to establish a system of pre-audit within his or her agency to ensure that checks and vouchers, before being released by the state agency, are prepared in accordance with all applicable purchasing and fiscal laws on the subject 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 legislative authorization for expenditures and funds is available for payment of the obligation; and (7) The obligation was incurred in conformity with all purchasing and fiscal laws applicable to state agencies operating out of the State Treasury.

(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 legislative authorization for expenditures and funds is available for payment of the obligation; and

(7) The obligation was incurred in conformity with all purchasing and fiscal laws applicable to state agencies operating out of the State Treasury.

Acts 1991, No. 21, § 1.
Ark. Code Ann. § 19-5-993 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-993
State Administration of Justice 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 "State Administration of Justice Fund". (b) (1) The fund shall consist of court costs and filing fees under §§ 9-15-202 , 16-10-305 , 16-17-705 , 16-90-1419(b)(1) , and 21-6-403 , the special revenues from real estate transfer taxes under § 19-6-301 (117), district court installment fees under § 16-13-704(b)(3)(E)(ii) , and any interest earned. (2) The fund shall be used for: (A) Trial court administrators as stated in § 16-13-3301 et seq.; (B) Substitute trial court administrators as stated in § 16-10-801 et seq.; and (C) The distribution of revenue as stated in § 16-10-310 . Amended by Act 2015, No. 268,§ 11, eff. 7/1/2015. Amended by Act 2014, No. 299,§ 3, eff. 7/1/2014. Amended by Act 2014, No. 290,§ 3, eff. 7/1/2014. Amended by Act 2013, No. 504,§ 4, eff. 3/26/2013. Acts 1997, No. 1248, § 19; 1999, No. 1463, § 17.

(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 "State Administration of Justice Fund".

(b) (1) The fund shall consist of court costs and filing fees under §§ 9-15-202 , 16-10-305 , 16-17-705 , 16-90-1419(b)(1) , and 21-6-403 , the special revenues from real estate transfer taxes under § 19-6-301 (117), district court installment fees under § 16-13-704(b)(3)(E)(ii) , and any interest earned. (2) The fund shall be used for: (A) Trial court administrators as stated in § 16-13-3301 et seq.; (B) Substitute trial court administrators as stated in § 16-10-801 et seq.; and (C) The distribution of revenue as stated in § 16-10-310 .

(1) The fund shall consist of court costs and filing fees under §§ 9-15-202 , 16-10-305 , 16-17-705 , 16-90-1419(b)(1) , and 21-6-403 , the special revenues from real estate transfer taxes under § 19-6-301 (117), district court installment fees under § 16-13-704(b)(3)(E)(ii) , and any interest earned.

(2) The fund shall be used for: (A) Trial court administrators as stated in § 16-13-3301 et seq.; (B) Substitute trial court administrators as stated in § 16-10-801 et seq.; and (C) The distribution of revenue as stated in § 16-10-310 .

(A) Trial court administrators as stated in § 16-13-3301 et seq.;

(B) Substitute trial court administrators as stated in § 16-10-801 et seq.; and

(C) The distribution of revenue as stated in § 16-10-310 .

Amended by Act 2015, No. 268,§ 11, eff. 7/1/2015.

Amended by Act 2014, No. 299,§ 3, eff. 7/1/2014.

Amended by Act 2014, No. 290,§ 3, eff. 7/1/2014.

Amended by Act 2013, No. 504,§ 4, eff. 3/26/2013.

Acts 1997, No. 1248, § 19; 1999, No. 1463, § 17.
Ark. Code Ann. § 19-2-501 — AR Code / Title 19 / Chapter 2 / Subchapter 5 / Section 19-2-501
Purpose
Status: in_force

The State of Arkansas and its political subdivisions have the responsibility to properly account for all financial transactions. In order to help fulfill this responsibility, the State of Arkansas and other public entities are required to maintain books and records of transactions. The State of Arkansas and its political subdivisions recognize that through the use of computers and electronic data, banking and the flow of information are continuing to change. With this change, it is important that the State of Arkansas and its political subdivisions continue to receive evidentiary information concerning financial transactions. The purpose of this subchapter is to permit public entities to accept photographic copies or digital images of financial transactions and to require financial institutions to furnish the needed documentation in a readable, meaningful, permanent format. Acts 1999, No. 648, § 1.

The State of Arkansas and its political subdivisions have the responsibility to properly account for all financial transactions. In order to help fulfill this responsibility, the State of Arkansas and other public entities are required to maintain books and records of transactions. The State of Arkansas and its political subdivisions recognize that through the use of computers and electronic data, banking and the flow of information are continuing to change. With this change, it is important that the State of Arkansas and its political subdivisions continue to receive evidentiary information concerning financial transactions. The purpose of this subchapter is to permit public entities to accept photographic copies or digital images of financial transactions and to require financial institutions to furnish the needed documentation in a readable, meaningful, permanent format.

Acts 1999, No. 648, § 1.
Ark. Code Ann. § 19-4-404 — AR Code / Title 19 / Chapter 4 / Subchapter 4 / Section 19-4-404
Books, forms, and receipts
Status: in_force

(a) In order to provide for uniformity in fiscal procedure, the Auditor of State and the Treasurer of State are directed to establish and set up in their respective books such income, appropriation, disbursement, and fund accounts as shall be prescribed by the Chief Fiscal Officer of the State or as otherwise provided by law. (b) The forms of all vouchers and other prescribed forms used in connection with the disbursement of funds in the State Treasury shall be prescribed by the Chief Fiscal Officer of the State, with the approval of the Auditor of State, or as otherwise provided by law. (c) All forms of receipts and other prescribed forms used in connection with the recording of the receipts of the Treasurer of State shall be prescribed by the Chief Fiscal Officer of the State, with the approval of the Treasurer of State, or as otherwise provided by law. Acts 1973, No. 876, § 27; A.S.A. 1947, § 13-353.

(a) In order to provide for uniformity in fiscal procedure, the Auditor of State and the Treasurer of State are directed to establish and set up in their respective books such income, appropriation, disbursement, and fund accounts as shall be prescribed by the Chief Fiscal Officer of the State or as otherwise provided by law.

(b) The forms of all vouchers and other prescribed forms used in connection with the disbursement of funds in the State Treasury shall be prescribed by the Chief Fiscal Officer of the State, with the approval of the Auditor of State, or as otherwise provided by law.

(c) All forms of receipts and other prescribed forms used in connection with the recording of the receipts of the Treasurer of State shall be prescribed by the Chief Fiscal Officer of the State, with the approval of the Treasurer of State, or as otherwise provided by law.

Acts 1973, No. 876, § 27; A.S.A. 1947, § 13-353.
Ark. Code Ann. § 19-4-2201 — AR Code / Title 19 / Chapter 4 / Subchapter 22 / Section 19-4-2201
Definitions - Review generally - Exempt grants
Status: in_force

(a) For the purposes of this subchapter: (1) "Discretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is not specifically stated in the legislation authorizing the grant; (2) "Nondiscretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is specifically stated in the legislation authorizing the grant, or in specific agency rules promulgated by the agency and reviewed by the Legislative Council, or in the case of federal funds, in the statute, regulation, or other federal directive which restricts the disbursement of the funds according to federal guidelines; and (3) "State agency" means: (A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and (B) All state-supported postsecondary educational institutions, including, but not limited to, colleges and universities, vocational and technical schools, and community colleges. (b) Hereafter, no state agency shall award any discretionary grant prior to review by the Legislative Council between legislative sessions, or by the Joint Budget Committee during legislative sessions. However, if a state agency determines that an emergency exists requiring the discretionary grant to be awarded prior to review, it may award the discretionary grant prior to the review by the Legislative Council or the Joint Budget Committee, and shall immediately notify the Legislative Council between legislative sessions, or the Joint Budget Committee during legislative sessions, as to the facts constituting the emergency. (c) Grants exempt from review shall include: (1) Grants for which the total consideration is less than or equal to ten thousand dollars ($10,000); (2) Nondiscretionary grants as determined by the agency; (3) Grants to another governmental entity such as a state agency, public educational institution, federal governmental entity, or body of a local government; (4) Disaster relief grants; (5) Grants identified as not requiring review by the Legislative Council between legislative sessions, or the Joint Budget Committee during legislative sessions; (6) Grants containing confidential information, the disclosure of which is determined by the agency to constitute a violation of other provisions of law regarding disclosure; and (7) Any scholarship or financial assistance award to, or on behalf of, a postsecondary student. Amended by Act 2019, No. 315,§ 1738, eff. 7/24/2019. Acts 1999, No. 1032, § 1.

(a) For the purposes of this subchapter: (1) "Discretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is not specifically stated in the legislation authorizing the grant; (2) "Nondiscretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is specifically stated in the legislation authorizing the grant, or in specific agency rules promulgated by the agency and reviewed by the Legislative Council, or in the case of federal funds, in the statute, regulation, or other federal directive which restricts the disbursement of the funds according to federal guidelines; and (3) "State agency" means: (A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and (B) All state-supported postsecondary educational institutions, including, but not limited to, colleges and universities, vocational and technical schools, and community colleges.

(1) "Discretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is not specifically stated in the legislation authorizing the grant;

(2) "Nondiscretionary grant" means a grant in which the recipient of the grant funds or the formula for the grant award is specifically stated in the legislation authorizing the grant, or in specific agency rules promulgated by the agency and reviewed by the Legislative Council, or in the case of federal funds, in the statute, regulation, or other federal directive which restricts the disbursement of the funds according to federal guidelines; and

(3) "State agency" means: (A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and (B) All state-supported postsecondary educational institutions, including, but not limited to, colleges and universities, vocational and technical schools, and community colleges.

(A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and

(B) All state-supported postsecondary educational institutions, including, but not limited to, colleges and universities, vocational and technical schools, and community colleges.

(b) Hereafter, no state agency shall award any discretionary grant prior to review by the Legislative Council between legislative sessions, or by the Joint Budget Committee during legislative sessions. However, if a state agency determines that an emergency exists requiring the discretionary grant to be awarded prior to review, it may award the discretionary grant prior to the review by the Legislative Council or the Joint Budget Committee, and shall immediately notify the Legislative Council between legislative sessions, or the Joint Budget Committee during legislative sessions, as to the facts constituting the emergency.

(c) Grants exempt from review shall include: (1) Grants for which the total consideration is less than or equal to ten thousand dollars ($10,000); (2) Nondiscretionary grants as determined by the agency; (3) Grants to another governmental entity such as a state agency, public educational institution, federal governmental entity, or body of a local government; (4) Disaster relief grants; (5) Grants identified as not requiring review by the Legislative Council between legislative sessions, or the Joint Budget Committee during legislative sessions; (6) Grants containing confidential information, the disclosure of which is determined by the agency to constitute a violation of other provisions of law regarding disclosure; and (7) Any scholarship or financial assistance award to, or on behalf of, a postsecondary student.

(1) Grants for which the total consideration is less than or equal to ten thousand dollars ($10,000);

(2) Nondiscretionary grants as determined by the agency;

(3) Grants to another governmental entity such as a state agency, public educational institution, federal governmental entity, or body of a local government;

(4) Disaster relief grants;

(5) Grants identified as not requiring review by the Legislative Council between legislative sessions, or the Joint Budget Committee during legislative sessions;

(6) Grants containing confidential information, the disclosure of which is determined by the agency to constitute a violation of other provisions of law regarding disclosure; and

(7) Any scholarship or financial assistance award to, or on behalf of, a postsecondary student.

Amended by Act 2019, No. 315,§ 1738, eff. 7/24/2019.

Acts 1999, No. 1032, § 1.
Ark. Code Ann. § 19-5-1235 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1235
Science, Technology, Engineering, and Math Fund
Status: in_force

(a) There is created the Science, Technology, Engineering, and Math Fund. (b) The fund is established for the purpose of retaining, recruiting, and attracting competent science, technology, engineering, and math teachers by providing industry-competitive income to certified, qualified teachers who teach science, technology, engineering, and math subjects. (c) The fund shall be a miscellaneous fund whose balance shall not be reclaimed at the end of the biennium but shall be carried forward for the same use in subsequent years. Acts 2007, No. 564, § 2.

(a) There is created the Science, Technology, Engineering, and Math Fund.

(b) The fund is established for the purpose of retaining, recruiting, and attracting competent science, technology, engineering, and math teachers by providing industry-competitive income to certified, qualified teachers who teach science, technology, engineering, and math subjects.

(c) The fund shall be a miscellaneous fund whose balance shall not be reclaimed at the end of the biennium but shall be carried forward for the same use in subsequent years.

Acts 2007, No. 564, § 2.
Ark. Code Ann. § 19-4-1613 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1613
Lump-sum terminal pay
Status: in_force

(a) Upon termination, resignation, retirement, death, or other action by which a person ceases to be an active employee of a state agency, the amount due the employee or his or her estate, including any accrued unpaid annual or holiday leave which is due in accordance with the policies of the state agency and lump-sum payments of sick leave balances upon retirement as provided by law, may, and should, be included in the final pay to the employee or his or her estate for the employee's active work, even though the final payment of salary or wages may exceed one-twenty-sixth (1/26) or other fractional amount based upon days, weeks, or months of the employee's annual authorized compensation at the date active employment ceases. (b) No employee receiving the additional compensation shall return to state employment until the number of days for which he or she received additional compensation has expired. (c) Payment of the additional compensation shall not be considered as exceeding the maximum for a position so authorized. (d) If an employee receives compensation for unused sick leave at retirement pursuant to § 21-4-501 and returns to state employment, the employee shall not be required to wait until the expiration of the number of days for which he or she received additional compensation before returning to state employment or to repay the amount of the compensation. Acts 1973, No. 876, § 23; 1975, No. 980, § 2; A.S.A. 1947, § 13-349; Acts 2001, No. 1453, § 46; 2005, No. 1188, § 1.

(a) Upon termination, resignation, retirement, death, or other action by which a person ceases to be an active employee of a state agency, the amount due the employee or his or her estate, including any accrued unpaid annual or holiday leave which is due in accordance with the policies of the state agency and lump-sum payments of sick leave balances upon retirement as provided by law, may, and should, be included in the final pay to the employee or his or her estate for the employee's active work, even though the final payment of salary or wages may exceed one-twenty-sixth (1/26) or other fractional amount based upon days, weeks, or months of the employee's annual authorized compensation at the date active employment ceases.

(b) No employee receiving the additional compensation shall return to state employment until the number of days for which he or she received additional compensation has expired.

(c) Payment of the additional compensation shall not be considered as exceeding the maximum for a position so authorized.

(d) If an employee receives compensation for unused sick leave at retirement pursuant to § 21-4-501 and returns to state employment, the employee shall not be required to wait until the expiration of the number of days for which he or she received additional compensation before returning to state employment or to repay the amount of the compensation.

Acts 1973, No. 876, § 23; 1975, No. 980, § 2; A.S.A. 1947, § 13-349; Acts 2001, No. 1453, § 46; 2005, No. 1188, § 1.
Ark. Code Ann. § 19-4-519 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-519
Appropriations code manual
Status: in_force

(a) After the General Assembly has enacted the various appropriation measures for the support and operation of state government and its agencies, the Chief Fiscal Officer of the State shall prepare a complete code manual setting out all of the appropriations of the General Assembly, the purpose of the appropriations and the funds, fund accounts, or accounts from which the appropriations are made and shall classify them in accordance with the titles and definitions as enumerated in this chapter. (b) After establishing the appropriation items and classifying them under the provisions of this chapter in strict conformity to the intent and purposes of the appropriation acts and within the limitations of the revenues and funds available for these purposes, it shall then be unlawful for the Chief Fiscal Officer of the State or any disbursing officer of any state agency to transfer from an appropriation item, the purpose of which is defined under the provisions of this chapter, to any other appropriation item of a different classification and purpose as defined in this subchapter except when permitted by law. Acts 1973, No. 876, § 12; A.S.A. 1947, § 13-338; Acts 2001, No. 221, § 4; 2003, No. 1463, § 8; 2005, No. 237, § 2.

(a) After the General Assembly has enacted the various appropriation measures for the support and operation of state government and its agencies, the Chief Fiscal Officer of the State shall prepare a complete code manual setting out all of the appropriations of the General Assembly, the purpose of the appropriations and the funds, fund accounts, or accounts from which the appropriations are made and shall classify them in accordance with the titles and definitions as enumerated in this chapter.

(b) After establishing the appropriation items and classifying them under the provisions of this chapter in strict conformity to the intent and purposes of the appropriation acts and within the limitations of the revenues and funds available for these purposes, it shall then be unlawful for the Chief Fiscal Officer of the State or any disbursing officer of any state agency to transfer from an appropriation item, the purpose of which is defined under the provisions of this chapter, to any other appropriation item of a different classification and purpose as defined in this subchapter except when permitted by law.

Acts 1973, No. 876, § 12; A.S.A. 1947, § 13-338; Acts 2001, No. 221, § 4; 2003, No. 1463, § 8; 2005, No. 237, § 2.
Ark. Code Ann. § 19-5-1113 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1113
Policemen's Pension Supplement 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 "Policemen's Pension Supplement Program Fund". (b) (1) The fund shall consist of that portion of those unallocated premium taxes levied on insurers for the support of police retirement programs set out in §§ 24-11-211 and 24-11-302(j)(3) [repealed]. (2) The fund shall be used for providing financial assistance to certain retired police officers and their survivors who are receiving pensions from policemen's pension and relief funds as set out in § 24-11-211 . 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 "Policemen's Pension Supplement Program Fund".

(b) (1) The fund shall consist of that portion of those unallocated premium taxes levied on insurers for the support of police retirement programs set out in §§ 24-11-211 and 24-11-302(j)(3) [repealed]. (2) The fund shall be used for providing financial assistance to certain retired police officers and their survivors who are receiving pensions from policemen's pension and relief funds as set out in § 24-11-211 .

(1) The fund shall consist of that portion of those unallocated premium taxes levied on insurers for the support of police retirement programs set out in §§ 24-11-211 and 24-11-302(j)(3) [repealed].

(2) The fund shall be used for providing financial assistance to certain retired police officers and their survivors who are receiving pensions from policemen's pension and relief funds as set out in § 24-11-211 .

Acts 2001, No. 1646, § 11.
Ark. Code Ann. § 19-4-2105 — AR Code / Title 19 / Chapter 4 / Subchapter 21 / Section 19-4-2105
Retention of documentation
Status: in_force

The constitutional officers and their employees shall retain the original documentation required by this subchapter for a period of three (3) years after the date of the request for expenditure. Acts 1991, No. 768, § 5.

The constitutional officers and their employees shall retain the original documentation required by this subchapter for a period of three (3) years after the date of the request for expenditure.

Acts 1991, No. 768, § 5.
Ark. Code Ann. § 19-5-1085 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1085
Judicial Fine Collection 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 "Judicial Fine Collection Enhancement Fund". (b) The fund shall consist of the time-payment fees established by § 16-13-704 , electronic payment access fees established by § 16-92-118 , court technology fees established by § 21-6-416 , federal court certified question fees and fees for Court of Appeals or Supreme Court decision petitions for rehearing established by § 21-6-401(a)(2) and (3) , respectively, and fees for electronic filing and public online access to court decisions and other court records established by § 21-6-401(d) , there to be used by the Administrative Office of the Courts for the purchase of computer hardware and software as set out in § 16-13-712 . Acts 1997, No. 1248, § 26; 2007, No. 1032, § 26; 2007, No. 1201, § 26; 2010, No. 262, § 9; 2010, No. 296, § 9.

(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 "Judicial Fine Collection Enhancement Fund".

(b) The fund shall consist of the time-payment fees established by § 16-13-704 , electronic payment access fees established by § 16-92-118 , court technology fees established by § 21-6-416 , federal court certified question fees and fees for Court of Appeals or Supreme Court decision petitions for rehearing established by § 21-6-401(a)(2) and (3) , respectively, and fees for electronic filing and public online access to court decisions and other court records established by § 21-6-401(d) , there to be used by the Administrative Office of the Courts for the purchase of computer hardware and software as set out in § 16-13-712 .

Acts 1997, No. 1248, § 26; 2007, No. 1032, § 26; 2007, No. 1201, § 26; 2010, No. 262, § 9; 2010, No. 296, § 9.
Ark. Code Ann. § 19-11-1202 — AR Code / Title 19 / Chapter 11 / Subchapter 12 / Section 19-11-1202
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Energy cost savings measure" means: (i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that: (a) Do not degrade the level of service or working conditions; (b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207 ; and (c) Are measured and verified by an audit performed by a qualified provider; or (ii) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that conform with subdivisions (1)(A)(i) (a) and (b) of this section. (B) "Energy cost savings measure" includes: (i) Insulation and reduced air infiltration of the building structure, including walls, ceilings, and roofs or systems within the building; (ii) Storm windows or doors, caulking or weather-stripping, multi-glazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (iii) Automated or computerized energy control systems, including computer software and technical data licenses; (iv) Heating, ventilating, or air conditioning system modifications or replacements; (v) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (vi) Indoor air quality improvements; (vii) Energy recovery systems; (viii) Electric system improvements; (ix) Life safety measures that provide long-term, operating-cost reductions; (x) Building operation programs that reduce operating costs; (xi) Other energy-conservation-related improvements or equipment, including improvements or equipment related to renewable energy; (xii) Water and other natural resources conservation; or (xiii) An alteration or measure identified through a comprehensive audit or assessment of new or existing facilities; (2) "Equipment warranty period" means the time following the execution of a guaranteed energy cost savings contract in which a material defect in an installed energy conservation measure is required to be replaced or corrected by the manufacturer or an energy service company; (3) (A) "Guaranteed energy cost savings contract" means a contract for the implementation of one (1) or more energy cost savings measures and services provided by a qualified provider in which the energy and cost savings achieved by the installed energy project cover all project costs, including financing, over a specified contract term. (B) "Guaranteed energy cost savings contract" does not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply; (4) "Operational cost savings" means expenses eliminated and future replacement expenditures avoided as a result of new equipment installed or services performed; (5) "Public notice" means the same as "public notice" is defined in § 19-11-203 ; (6) "Qualified provider" means a person or business, including all subcontractors and employees of that person or business and third-party financing companies, that: (A) Is properly licensed in the State of Arkansas; (B) Has been reviewed and certified by the office as a qualified provider under this subchapter; (C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures; (D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements; (E) Has the ability to arrange or provide the necessary financing to support a guaranteed energy cost savings contract; and (F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors; (7) "State agency" means the same as "state agency" is defined in § 19-11-203 ; and (8) "Useful life" means the rated service life of an individual energy conservation measure as defined by the: (A) American Society of Heating, Refrigerating and Air-Conditioning Engineers; (B) Illuminating Engineering Society; or (C) Solar Energy Industries Association. Amended by Act 2019, No. 507,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 271,§ 14, eff. 8/1/2017. Amended by Act 2013, No. 554,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 554,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 554,§ 2, eff. 8/16/2013. Acts 2005, No. 1761, § 1.

As used in this subchapter:

(1) (A) "Energy cost savings measure" means: (i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that: (a) Do not degrade the level of service or working conditions; (b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207 ; and (c) Are measured and verified by an audit performed by a qualified provider; or (ii) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that conform with subdivisions (1)(A)(i) (a) and (b) of this section. (B) "Energy cost savings measure" includes: (i) Insulation and reduced air infiltration of the building structure, including walls, ceilings, and roofs or systems within the building; (ii) Storm windows or doors, caulking or weather-stripping, multi-glazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (iii) Automated or computerized energy control systems, including computer software and technical data licenses; (iv) Heating, ventilating, or air conditioning system modifications or replacements; (v) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (vi) Indoor air quality improvements; (vii) Energy recovery systems; (viii) Electric system improvements; (ix) Life safety measures that provide long-term, operating-cost reductions; (x) Building operation programs that reduce operating costs; (xi) Other energy-conservation-related improvements or equipment, including improvements or equipment related to renewable energy; (xii) Water and other natural resources conservation; or (xiii) An alteration or measure identified through a comprehensive audit or assessment of new or existing facilities;

(A) "Energy cost savings measure" means: (i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that: (a) Do not degrade the level of service or working conditions; (b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207 ; and (c) Are measured and verified by an audit performed by a qualified provider; or (ii) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that conform with subdivisions (1)(A)(i) (a) and (b) of this section.

(i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that: (a) Do not degrade the level of service or working conditions; (b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207 ; and (c) Are measured and verified by an audit performed by a qualified provider; or

(a) Do not degrade the level of service or working conditions;

(b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207 ; and

(c) Are measured and verified by an audit performed by a qualified provider; or

(ii) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that conform with subdivisions (1)(A)(i) (a) and (b) of this section.

(B) "Energy cost savings measure" includes: (i) Insulation and reduced air infiltration of the building structure, including walls, ceilings, and roofs or systems within the building; (ii) Storm windows or doors, caulking or weather-stripping, multi-glazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (iii) Automated or computerized energy control systems, including computer software and technical data licenses; (iv) Heating, ventilating, or air conditioning system modifications or replacements; (v) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (vi) Indoor air quality improvements; (vii) Energy recovery systems; (viii) Electric system improvements; (ix) Life safety measures that provide long-term, operating-cost reductions; (x) Building operation programs that reduce operating costs; (xi) Other energy-conservation-related improvements or equipment, including improvements or equipment related to renewable energy; (xii) Water and other natural resources conservation; or (xiii) An alteration or measure identified through a comprehensive audit or assessment of new or existing facilities;

(i) Insulation and reduced air infiltration of the building structure, including walls, ceilings, and roofs or systems within the building;

(ii) Storm windows or doors, caulking or weather-stripping, multi-glazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;

(iii) Automated or computerized energy control systems, including computer software and technical data licenses;

(iv) Heating, ventilating, or air conditioning system modifications or replacements;

(v) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;

(vi) Indoor air quality improvements;

(vii) Energy recovery systems;

(viii) Electric system improvements;

(ix) Life safety measures that provide long-term, operating-cost reductions;

(x) Building operation programs that reduce operating costs;

(xi) Other energy-conservation-related improvements or equipment, including improvements or equipment related to renewable energy;

(xii) Water and other natural resources conservation; or

(xiii) An alteration or measure identified through a comprehensive audit or assessment of new or existing facilities;

(2) "Equipment warranty period" means the time following the execution of a guaranteed energy cost savings contract in which a material defect in an installed energy conservation measure is required to be replaced or corrected by the manufacturer or an energy service company;

(3) (A) "Guaranteed energy cost savings contract" means a contract for the implementation of one (1) or more energy cost savings measures and services provided by a qualified provider in which the energy and cost savings achieved by the installed energy project cover all project costs, including financing, over a specified contract term. (B) "Guaranteed energy cost savings contract" does not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply;

(A) "Guaranteed energy cost savings contract" means a contract for the implementation of one (1) or more energy cost savings measures and services provided by a qualified provider in which the energy and cost savings achieved by the installed energy project cover all project costs, including financing, over a specified contract term.

(B) "Guaranteed energy cost savings contract" does not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply;

(4) "Operational cost savings" means expenses eliminated and future replacement expenditures avoided as a result of new equipment installed or services performed;

(5) "Public notice" means the same as "public notice" is defined in § 19-11-203 ;

(6) "Qualified provider" means a person or business, including all subcontractors and employees of that person or business and third-party financing companies, that: (A) Is properly licensed in the State of Arkansas; (B) Has been reviewed and certified by the office as a qualified provider under this subchapter; (C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures; (D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements; (E) Has the ability to arrange or provide the necessary financing to support a guaranteed energy cost savings contract; and (F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors;

(A) Is properly licensed in the State of Arkansas;

(B) Has been reviewed and certified by the office as a qualified provider under this subchapter;

(C) Is experienced in the design, implementation, measurement, verification, and installation of energy cost savings measures;

(D) Has at least five (5) years of experience in the analysis, design, implementation, installation, measurement, and verification of energy efficiency and facility improvements;

(E) Has the ability to arrange or provide the necessary financing to support a guaranteed energy cost savings contract; and

(F) Has the ability to perform under a contract that requires the person or business to guarantee the work performed by one (1) or more subcontractors;

(7) "State agency" means the same as "state agency" is defined in § 19-11-203 ; and

(8) "Useful life" means the rated service life of an individual energy conservation measure as defined by the: (A) American Society of Heating, Refrigerating and Air-Conditioning Engineers; (B) Illuminating Engineering Society; or (C) Solar Energy Industries Association.

(A) American Society of Heating, Refrigerating and Air-Conditioning Engineers;

(B) Illuminating Engineering Society; or

(C) Solar Energy Industries Association.

Amended by Act 2019, No. 507,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 271,§ 14, eff. 8/1/2017.

Amended by Act 2013, No. 554,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 554,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 554,§ 2, eff. 8/16/2013.

Acts 2005, No. 1761, § 1.
Ark. Code Ann. § 19-11-241 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-241
Specifications - Definition
Status: in_force

(a) Definition. (1) "Specification" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. (2) "Specification" may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery. (b) The State Procurement Director shall promulgate rules governing the preparation, maintenance, and content of standard and nonstandard specifications for commodities, technical and general services, and professional and consultant services procured by the Office of State Procurement. (c) Maximum Practicable Competition. All specifications shall be drafted so as to assure the maximum practicable competition for the state's actual requirements. Amended by Act 2019, No. 315,§ 1773, eff. 7/24/2019. Acts 1979, No. 482, §§ 49-51; 1981, No. 600, § 28; A.S.A. 1947, §§ 14-271 -- 14-272.1; Acts 2001, No. 1237, § 31; 2005, No. 1680, § 9.

(a) Definition. (1) "Specification" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. (2) "Specification" may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.

(1) "Specification" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service.

(2) "Specification" may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.

(b) The State Procurement Director shall promulgate rules governing the preparation, maintenance, and content of standard and nonstandard specifications for commodities, technical and general services, and professional and consultant services procured by the Office of State Procurement.

(c) Maximum Practicable Competition. All specifications shall be drafted so as to assure the maximum practicable competition for the state's actual requirements.

Amended by Act 2019, No. 315,§ 1773, eff. 7/24/2019.

Acts 1979, No. 482, §§ 49-51; 1981, No. 600, § 28; A.S.A. 1947, §§ 14-271 -- 14-272.1; Acts 2001, No. 1237, § 31; 2005, No. 1680, § 9.
Ark. Code Ann. § 19-9-706 — AR Code / Title 19 / Chapter 9 / Subchapter 7 / Section 19-9-706
Issuance of bonds authorized
Status: in_force

A governmental unit is hereby authorized to issue taxable bonds for any purpose permitted by the law heretofore or hereafter enacted under authority of which such taxable bonds are issued, whether such purposes are set forth in each law by specific category or by a general authorization to accomplish public purposes. Acts 1989, No. 632, § 6.

A governmental unit is hereby authorized to issue taxable bonds for any purpose permitted by the law heretofore or hereafter enacted under authority of which such taxable bonds are issued, whether such purposes are set forth in each law by specific category or by a general authorization to accomplish public purposes.

Acts 1989, No. 632, § 6.
Ark. Code Ann. § 19-11-201 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-201
Title
Status: in_force

This subchapter shall be referred to as the "Arkansas Procurement Law". Acts 1979, No. 482, § 1; A.S.A. 1947, § 14-233; Acts 2001, No. 1237, § 1.

This subchapter shall be referred to as the "Arkansas Procurement Law".

Acts 1979, No. 482, § 1; A.S.A. 1947, § 14-233; Acts 2001, No. 1237, § 1.
Ark. Code Ann. § 19-6-424 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-424
Motor Vehicle Commission Fund
Status: in_force

The Motor Vehicle Commission Fund shall consist of those special revenues as specified in § 19-6-301(99) , there to be used for the operation, maintenance, improvement, and motor vehicle education and training required by the Arkansas Motor Vehicle Commission in exercising the powers, functions, and duties as set out in the Arkansas Motor Vehicle Commission Act, § 23-112-101 et seq. Acts 1973, No. 808, § 14; 1979, No. 1027, § 9; A.S.A. 1947, § 13-503.13; Acts 2007, No. 530, § 7.

The Motor Vehicle Commission Fund shall consist of those special revenues as specified in § 19-6-301(99) , there to be used for the operation, maintenance, improvement, and motor vehicle education and training required by the Arkansas Motor Vehicle Commission in exercising the powers, functions, and duties as set out in the Arkansas Motor Vehicle Commission Act, § 23-112-101 et seq.

Acts 1973, No. 808, § 14; 1979, No. 1027, § 9; A.S.A. 1947, § 13-503.13; Acts 2007, No. 530, § 7.
Ark. Code Ann. § 19-10-306 — AR Code / Title 19 / Chapter 10 / Subchapter 3 / Section 19-10-306
Res judicata or collateral estoppel
Status: in_force

If an individual commences a civil action in any court of law within this state which arises out of the same subject matter or occurrence that is the subject matter of a complaint before the Arkansas State Claims Commission, the commission shall recognize any final judgment or order rendered in the civil action as a bar to further consideration of the claim in accordance with principles of res judicata and collateral estoppel. Acts 1981, No. 586, § 6; A.S.A. 1947, § 13-1421.

If an individual commences a civil action in any court of law within this state which arises out of the same subject matter or occurrence that is the subject matter of a complaint before the Arkansas State Claims Commission, the commission shall recognize any final judgment or order rendered in the civil action as a bar to further consideration of the claim in accordance with principles of res judicata and collateral estoppel.

Acts 1981, No. 586, § 6; A.S.A. 1947, § 13-1421.
Ark. Code Ann. § 19-4-1502 — AR Code / Title 19 / Chapter 4 / Subchapter 15 / Section 19-4-1502
Duty to keep record
Status: in_force

It shall be the responsibility of the executive head of each state agency to keep and maintain a record of all property of the agency, belonging to the State of Arkansas. The executive head of each agency shall be held accountable for all state property under his or her control and shall be responsible for keeping and maintaining a record of all the property. Acts 1973, No. 876, § 26; A.S.A. 1947, § 13-352.

It shall be the responsibility of the executive head of each state agency to keep and maintain a record of all property of the agency, belonging to the State of Arkansas. The executive head of each agency shall be held accountable for all state property under his or her control and shall be responsible for keeping and maintaining a record of all the property.

Acts 1973, No. 876, § 26; A.S.A. 1947, § 13-352.
Ark. Code Ann. § 19-5-1108 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1108
Water, Waste Disposal, and Pollution Abatement General Obligation Bond 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 "Water, Waste Disposal, and Pollution Abatement General Obligation Bond Fund". (b) (1) The fund shall consist of proceeds from the sale of bonds issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds. (2) The fund shall be used for the development of projects and the payment of the costs and expenses of the issuance of the bonds. Acts 1999, No. 1463, § 19.

(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 "Water, Waste Disposal, and Pollution Abatement General Obligation Bond Fund".

(b) (1) The fund shall consist of proceeds from the sale of bonds issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds. (2) The fund shall be used for the development of projects and the payment of the costs and expenses of the issuance of the bonds.

(1) The fund shall consist of proceeds from the sale of bonds issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds.

(2) The fund shall be used for the development of projects and the payment of the costs and expenses of the issuance of the bonds.

Acts 1999, No. 1463, § 19.
Ark. Code Ann. § 19-11-804 — AR Code / Title 19 / Chapter 11 / Subchapter 8 / Section 19-11-804
Selection
Status: in_force

(a) The state agency or political subdivision shall select three (3) qualified firms. (b) The state agency or political subdivision shall then select the firm considered the best-qualified and capable of performing the desired work and negotiate a contract for the project with the firm selected. Acts 1989, No. 616, § 4; 2003, No. 1315, § 11.

(a) The state agency or political subdivision shall select three (3) qualified firms.

(b) The state agency or political subdivision shall then select the firm considered the best-qualified and capable of performing the desired work and negotiate a contract for the project with the firm selected.

Acts 1989, No. 616, § 4; 2003, No. 1315, § 11.
Ark. Code Ann. § 19-1-212 — AR Code / Title 19 / Chapter 1 / Subchapter 2 / Section 19-1-212
Duty to avoid deficit
Status: in_force

It shall be the duty and responsibility of the Secretary of the Department of Finance and Administration to: (1) Keep advised at all times as to the revenues and other income available for the operation, maintenance, and improvement of all state agencies; (2) Exercise the powers conferred upon him or her by law to see that the state and all state agencies are maintained on a basis of accounting recommended by the Governmental Accounting Standards Board for governmental purposes; (3) See that no obligation shall be incurred which shall not be payable when the obligation shall become due; and (4) Exercise his or her powers to see that the funds on hand and estimated to become available to each state agency shall be sufficient to maintain the state and all of its agencies on a sound financial basis without incurring a deficit. Amended by Act 2019, No. 910,§ 3438, eff. 7/1/2019. Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207; Acts 2001, No. 1453, § 2.

It shall be the duty and responsibility of the Secretary of the Department of Finance and Administration to:

(1) Keep advised at all times as to the revenues and other income available for the operation, maintenance, and improvement of all state agencies;

(2) Exercise the powers conferred upon him or her by law to see that the state and all state agencies are maintained on a basis of accounting recommended by the Governmental Accounting Standards Board for governmental purposes;

(3) See that no obligation shall be incurred which shall not be payable when the obligation shall become due; and

(4) Exercise his or her powers to see that the funds on hand and estimated to become available to each state agency shall be sufficient to maintain the state and all of its agencies on a sound financial basis without incurring a deficit.

Amended by Act 2019, No. 910,§ 3438, eff. 7/1/2019.

Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207; Acts 2001, No. 1453, § 2.
Ark. Code Ann. § 19-10-214 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-214
Effect on liens
Status: in_force

(a) Arkansas State Claims Commission awards are state property and therefore: (1) Liens do not attach to commission awards; and (2) A commission award is not assignable. (b) (1) If the commission and the General Assembly approve appeals or claims or actions above fifteen thousand dollars ($15,000) and name as payees, in addition to the claimant, other individuals or entities who would normally have liens in a court of law, other than insurance company subrogation claims, then the commission may deposit the amount approved into the registry of the Pulaski County Circuit Court. (2) After reasonable notice to the claimant and any named payees, the court shall establish the validity and priority to the moneys upon petition of the claimant or any named payee. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Acts 1999, No. 685, § 1.

(a) Arkansas State Claims Commission awards are state property and therefore: (1) Liens do not attach to commission awards; and (2) A commission award is not assignable.

(1) Liens do not attach to commission awards; and

(2) A commission award is not assignable.

(b) (1) If the commission and the General Assembly approve appeals or claims or actions above fifteen thousand dollars ($15,000) and name as payees, in addition to the claimant, other individuals or entities who would normally have liens in a court of law, other than insurance company subrogation claims, then the commission may deposit the amount approved into the registry of the Pulaski County Circuit Court. (2) After reasonable notice to the claimant and any named payees, the court shall establish the validity and priority to the moneys upon petition of the claimant or any named payee.

(1) If the commission and the General Assembly approve appeals or claims or actions above fifteen thousand dollars ($15,000) and name as payees, in addition to the claimant, other individuals or entities who would normally have liens in a court of law, other than insurance company subrogation claims, then the commission may deposit the amount approved into the registry of the Pulaski County Circuit Court.

(2) After reasonable notice to the claimant and any named payees, the court shall establish the validity and priority to the moneys upon petition of the claimant or any named payee.

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

Acts 1999, No. 685, § 1.
Ark. Code Ann. § 19-11-706 — AR Code / Title 19 / Chapter 11 / Subchapter 7 / Section 19-11-706
Employee disclosure requirements
Status: in_force

(a) Disclosure of Benefit Received from Contract. Any employee who has or obtains any benefit from any state contract with a business in which the employee has a financial interest shall report such benefit to the Secretary of the Department of Transformation and Shared Services. However, this section shall not apply to a contract with a business where the employee's interest in the business has been placed in a disclosed blind trust. (b) Failure to Disclose Benefit Received. Any employee who knows or should have known of such benefit and fails to report the benefit to the secretary is in breach of the ethical standards of this section. Amended by Act 2019, No. 910,§ 3475, eff. 7/1/2019. Acts 1979, No. 483, § 5; A.S.A. 1947, § 14-1105.

(a) Disclosure of Benefit Received from Contract. Any employee who has or obtains any benefit from any state contract with a business in which the employee has a financial interest shall report such benefit to the Secretary of the Department of Transformation and Shared Services. However, this section shall not apply to a contract with a business where the employee's interest in the business has been placed in a disclosed blind trust.

(b) Failure to Disclose Benefit Received. Any employee who knows or should have known of such benefit and fails to report the benefit to the secretary is in breach of the ethical standards of this section.

Amended by Act 2019, No. 910,§ 3475, eff. 7/1/2019.

Acts 1979, No. 483, § 5; A.S.A. 1947, § 14-1105.
Ark. Code Ann. § 19-5-204 — AR Code / Title 19 / Chapter 5 / Subchapter 2 / Section 19-5-204
Revenue Holding Fund Account
Status: in_force

(a) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the "Revenue Holding Fund Account" of the State Apportionment Fund to which all taxes, licenses, fees, penalties, interest, or other income which, at the time of being deposited with the Treasurer of State, cannot be determined to be either special or general revenues or if any of the revenues were erroneously paid as nonrevenues, there to be distributed or transferred as provided in this section. (2) Revenues credited to the Revenue Holding Fund Account that are determined to be general revenues shall be transferred as gross general revenues to the General Revenue Fund Account. Those revenues determined to be special revenues shall be transferred as gross special revenues to the Special Revenue Fund Account as soon as such determination is made by the Treasurer of State. However, all such transfers shall be made on or before June 30 of the fiscal year during which the revenues were deposited with the Treasurer of State. (b) If it is determined by the Chief Fiscal Officer of the State that moneys credited to the Revenue Holding Fund Account of the State Apportionment Fund must be transferred, due to a worsening financial position of the benefiting agencies of such revenues, to the Special Revenue Fund Account or to the General Revenue Fund Account before the final determination of their classification can be made, then the Chief Fiscal Officer of the State may request the Treasurer of State to transfer to the appropriate fund account of the State Apportionment Fund from the Revenue Holding Fund Account an amount equal to no more than eighty percent (80%) of the estimated general or special revenues in the Revenue Holding Fund Account. Acts 1973, No. 750, § 4; 1975, No. 868, § 1; 1977, No. 955, § 2; 1983, No. 392, § 1; 1983, No. 737, §§ 1, 2; 1985, No. 64, § 1; A.S.A. 1947, § 13-510.

(a) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the "Revenue Holding Fund Account" of the State Apportionment Fund to which all taxes, licenses, fees, penalties, interest, or other income which, at the time of being deposited with the Treasurer of State, cannot be determined to be either special or general revenues or if any of the revenues were erroneously paid as nonrevenues, there to be distributed or transferred as provided in this section. (2) Revenues credited to the Revenue Holding Fund Account that are determined to be general revenues shall be transferred as gross general revenues to the General Revenue Fund Account. Those revenues determined to be special revenues shall be transferred as gross special revenues to the Special Revenue Fund Account as soon as such determination is made by the Treasurer of State. However, all such transfers shall be made on or before June 30 of the fiscal year during which the revenues were deposited with the Treasurer of State.

(1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund account to be known as the "Revenue Holding Fund Account" of the State Apportionment Fund to which all taxes, licenses, fees, penalties, interest, or other income which, at the time of being deposited with the Treasurer of State, cannot be determined to be either special or general revenues or if any of the revenues were erroneously paid as nonrevenues, there to be distributed or transferred as provided in this section.

(2) Revenues credited to the Revenue Holding Fund Account that are determined to be general revenues shall be transferred as gross general revenues to the General Revenue Fund Account. Those revenues determined to be special revenues shall be transferred as gross special revenues to the Special Revenue Fund Account as soon as such determination is made by the Treasurer of State. However, all such transfers shall be made on or before June 30 of the fiscal year during which the revenues were deposited with the Treasurer of State.

(b) If it is determined by the Chief Fiscal Officer of the State that moneys credited to the Revenue Holding Fund Account of the State Apportionment Fund must be transferred, due to a worsening financial position of the benefiting agencies of such revenues, to the Special Revenue Fund Account or to the General Revenue Fund Account before the final determination of their classification can be made, then the Chief Fiscal Officer of the State may request the Treasurer of State to transfer to the appropriate fund account of the State Apportionment Fund from the Revenue Holding Fund Account an amount equal to no more than eighty percent (80%) of the estimated general or special revenues in the Revenue Holding Fund Account.

Acts 1973, No. 750, § 4; 1975, No. 868, § 1; 1977, No. 955, § 2; 1983, No. 392, § 1; 1983, No. 737, §§ 1, 2; 1985, No. 64, § 1; A.S.A. 1947, § 13-510.