Ark. Code Ann. § 19-5-1250 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1250
Open Enrollment Public Charter School Capital Grant Program Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Open Enrollment Public Charter School Capital Grant Program Fund". (b) The fund shall consist of those general revenues as may be authorized by law and other nonfederal funds as may be provided by law. (c) The fund shall be used for distributing grants for programs providing assistance to open enrollment public charter schools concerning academic facilities and equipment and the repayment of debt incurred relating to academic facilities and equipment under the Open Enrollment Public Charter School Capital Grant Program established in § 6-23-801 et seq., and as may otherwise be provided by law. Amended by Act 2019, No. 388,§ 7, eff. 7/24/2019. Added by Act 2013, No. 1064,§ 2, eff. 8/16/2013.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Open Enrollment Public Charter School Capital Grant Program Fund".

(b) The fund shall consist of those general revenues as may be authorized by law and other nonfederal funds as may be provided by law.

(c) The fund shall be used for distributing grants for programs providing assistance to open enrollment public charter schools concerning academic facilities and equipment and the repayment of debt incurred relating to academic facilities and equipment under the Open Enrollment Public Charter School Capital Grant Program established in § 6-23-801 et seq., and as may otherwise be provided by law.

Amended by Act 2019, No. 388,§ 7, eff. 7/24/2019.

Added by Act 2013, No. 1064,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 19-5-933 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-933
Vietnam Veterans Monument 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 "Vietnam Veterans Monument Fund". (b) The fund shall consist of gifts, grants, and donations from individuals and organizations and other funds as may be provided by law. (c) The fund shall be used exclusively for the purpose of erecting and maintaining a suitable monument on the State Capitol Grounds, in recognition and appreciation of the State of Arkansas Vietnam Veterans, as provided in § 22-3-215 . Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.

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

(b) The fund shall consist of gifts, grants, and donations from individuals and organizations and other funds as may be provided by law.

(c) The fund shall be used exclusively for the purpose of erecting and maintaining a suitable monument on the State Capitol Grounds, in recognition and appreciation of the State of Arkansas Vietnam Veterans, as provided in § 22-3-215 .

Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-7-701 — AR Code / Title 19 / Chapter 7 / Subchapter 7 / Section 19-7-701
Contract services - Advance payment
Status: in_force

(a) In order to provide effective purchased services to the needy citizens of Arkansas, the Secretary of the Department of Human Services is authorized to pay one-twelfth (1 / 12) of the total amount of a Title XX contract to the service provider on the effective date of the contract. The amount of the advance payment shall be adjusted out of the reimbursement actually earned by the provider during the contract period. (b) This section will be used only after the secretary has conducted a study of the financial condition of the contracting agency to determine if an advance payment is necessary. If the advance is necessary, the secretary shall forward his or her request and the reasons therefor to the Chief Fiscal Officer of the State for approval. (c) (1) If the request is approved, the Chief Fiscal Officer of the State shall loan the necessary amount to the appropriate fund accounts within the Department of Human Services from the Budget Stabilization Trust Fund. (2) However, the balance of any loans made under subdivision (c)(1) of this section during the course of a fiscal year shall be recovered by the department and repaid to the fund by June 30 of that fiscal year. Amended by Act 2019, No. 910,§ 5167, eff. 7/1/2019. Acts 1981, No. 538, § 4; A.S.A. 1947, § 13-743; Acts 2009, No. 251, § 26.

(a) In order to provide effective purchased services to the needy citizens of Arkansas, the Secretary of the Department of Human Services is authorized to pay one-twelfth (1 / 12) of the total amount of a Title XX contract to the service provider on the effective date of the contract. The amount of the advance payment shall be adjusted out of the reimbursement actually earned by the provider during the contract period.

(b) This section will be used only after the secretary has conducted a study of the financial condition of the contracting agency to determine if an advance payment is necessary. If the advance is necessary, the secretary shall forward his or her request and the reasons therefor to the Chief Fiscal Officer of the State for approval.

(c) (1) If the request is approved, the Chief Fiscal Officer of the State shall loan the necessary amount to the appropriate fund accounts within the Department of Human Services from the Budget Stabilization Trust Fund. (2) However, the balance of any loans made under subdivision (c)(1) of this section during the course of a fiscal year shall be recovered by the department and repaid to the fund by June 30 of that fiscal year.

(1) If the request is approved, the Chief Fiscal Officer of the State shall loan the necessary amount to the appropriate fund accounts within the Department of Human Services from the Budget Stabilization Trust Fund.

(2) However, the balance of any loans made under subdivision (c)(1) of this section during the course of a fiscal year shall be recovered by the department and repaid to the fund by June 30 of that fiscal year.

Amended by Act 2019, No. 910,§ 5167, eff. 7/1/2019.

Acts 1981, No. 538, § 4; A.S.A. 1947, § 13-743; Acts 2009, No. 251, § 26.
Ark. Code Ann. § 19-1-213 — AR Code / Title 19 / Chapter 1 / Subchapter 2 / Section 19-1-213
Leasing of state property
Status: in_force

(a) The Secretary of the Department of Finance and Administration may lease, with approval of the Governor, any state property, real or personal, which is not needed for public use, and the leasing of which is not prohibited by law, where the authority to lease the property is not vested in any other state agency. (b) No property shall be leased under this section for a term exceeding two (2) years. Amended by Act 2019, No. 910,§ 3439, eff. 7/1/2019. Acts 1955, No. 315, § 7; 1973, No. 876, § 31; A.S.A. 1947, § 13-207.

(a) The Secretary of the Department of Finance and Administration may lease, with approval of the Governor, any state property, real or personal, which is not needed for public use, and the leasing of which is not prohibited by law, where the authority to lease the property is not vested in any other state agency.

(b) No property shall be leased under this section for a term exceeding two (2) years.

Amended by Act 2019, No. 910,§ 3439, eff. 7/1/2019.

Acts 1955, No. 315, § 7; 1973, No. 876, § 31; A.S.A. 1947, § 13-207.
Ark. Code Ann. § 19-4-1104 — AR Code / Title 19 / Chapter 4 / Subchapter 11 / Section 19-4-1104
Duty to examine and approve
Status: in_force

It shall be the duty of the Chief Fiscal Officer of the State to design the state's financial management system to provide reasonable assurances that financial transactions conform to the provisions of law and rules. He or she shall not be required to pass upon the propriety of any financial transaction if it is found to conform to the provisions of this subchapter. However, the Chief Fiscal Officer of the State may perform examinations of transactions to determine the propriety of the transactions in conformity with applicable laws and rules. Amended by Act 2019, No. 315,§ 1726, eff. 7/24/2019. Acts 1973, No. 876, § 15; A.S.A. 1947, § 13-341; Acts 2001, No. 1453, § 30.

It shall be the duty of the Chief Fiscal Officer of the State to design the state's financial management system to provide reasonable assurances that financial transactions conform to the provisions of law and rules. He or she shall not be required to pass upon the propriety of any financial transaction if it is found to conform to the provisions of this subchapter. However, the Chief Fiscal Officer of the State may perform examinations of transactions to determine the propriety of the transactions in conformity with applicable laws and rules.

Amended by Act 2019, No. 315,§ 1726, eff. 7/24/2019.

Acts 1973, No. 876, § 15; A.S.A. 1947, § 13-341; Acts 2001, No. 1453, § 30.
Ark. Code Ann. § 19-4-2202 — AR Code / Title 19 / Chapter 4 / Subchapter 22 / Section 19-4-2202
Review of nonexempt grants
Status: in_force

The Legislative Council between legislative sessions, and the Joint Budget Committee during legislative sessions, shall review all nonexempt discretionary grants by state agencies, and notify the agencies as to the results of the review. The Legislative Council or the Joint Budget Committee shall notify agencies of any other grants identified as not requiring review. Acts 1999, No. 1032, § 2.

The Legislative Council between legislative sessions, and the Joint Budget Committee during legislative sessions, shall review all nonexempt discretionary grants by state agencies, and notify the agencies as to the results of the review. The Legislative Council or the Joint Budget Committee shall notify agencies of any other grants identified as not requiring review.

Acts 1999, No. 1032, § 2.
Ark. Code Ann. § 19-3-512 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-512
Estimate and investment of funds not needed for immediate cash requirements
Status: in_force

(a) (1) No less than quarterly, the State Board of Finance in conjunction with the Chief Fiscal Officer of the State shall determine the amount of funds from the State Treasury available for deposit by the Treasurer of State into the State Treasury Certificate of Deposit Investment Program. (2) The board shall direct the investment of all moneys that exceed the cash requirements needed to satisfy outstanding warrants and other liquid obligations for the succeeding quarter. (b) (1) At least ten (10) days before making the determination required by subsection (a) of this section and after reviewing current holdings in the State Treasury and all available revenue forecasts, appropriations, expenditure budgets, year-to-date expenditure reports, prior year expenditure trends, and any other pertinent information, the Chief Fiscal Officer of the State shall advise the board of the estimated amount of cash reserves expected to be needed by the Treasurer of State to purchase warrants in the next fiscal quarter. (2) The board shall direct the Treasurer of State: (A) To purchase warrants in the next fiscal quarter; and (B) In the type and amount for deposit and investment of all holdings exceeding cash reserves for warrant purposes. (c) The Treasurer of State, acting ministerially, may do all things necessary to accomplish the purposes and intent of this section. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) (1) No less than quarterly, the State Board of Finance in conjunction with the Chief Fiscal Officer of the State shall determine the amount of funds from the State Treasury available for deposit by the Treasurer of State into the State Treasury Certificate of Deposit Investment Program. (2) The board shall direct the investment of all moneys that exceed the cash requirements needed to satisfy outstanding warrants and other liquid obligations for the succeeding quarter.

(1) No less than quarterly, the State Board of Finance in conjunction with the Chief Fiscal Officer of the State shall determine the amount of funds from the State Treasury available for deposit by the Treasurer of State into the State Treasury Certificate of Deposit Investment Program.

(2) The board shall direct the investment of all moneys that exceed the cash requirements needed to satisfy outstanding warrants and other liquid obligations for the succeeding quarter.

(b) (1) At least ten (10) days before making the determination required by subsection (a) of this section and after reviewing current holdings in the State Treasury and all available revenue forecasts, appropriations, expenditure budgets, year-to-date expenditure reports, prior year expenditure trends, and any other pertinent information, the Chief Fiscal Officer of the State shall advise the board of the estimated amount of cash reserves expected to be needed by the Treasurer of State to purchase warrants in the next fiscal quarter. (2) The board shall direct the Treasurer of State: (A) To purchase warrants in the next fiscal quarter; and (B) In the type and amount for deposit and investment of all holdings exceeding cash reserves for warrant purposes.

(1) At least ten (10) days before making the determination required by subsection (a) of this section and after reviewing current holdings in the State Treasury and all available revenue forecasts, appropriations, expenditure budgets, year-to-date expenditure reports, prior year expenditure trends, and any other pertinent information, the Chief Fiscal Officer of the State shall advise the board of the estimated amount of cash reserves expected to be needed by the Treasurer of State to purchase warrants in the next fiscal quarter.

(2) The board shall direct the Treasurer of State: (A) To purchase warrants in the next fiscal quarter; and (B) In the type and amount for deposit and investment of all holdings exceeding cash reserves for warrant purposes.

(A) To purchase warrants in the next fiscal quarter; and

(B) In the type and amount for deposit and investment of all holdings exceeding cash reserves for warrant purposes.

(c) The Treasurer of State, acting ministerially, may do all things necessary to accomplish the purposes and intent of this section.

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

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-4-1605 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1605
Payment from multiple funds
Status: in_force

In those instances where a state agency has approved line-items for salaries which are payable from more than one (1) fund, the Chief Fiscal Officer of the State shall be authorized to establish a paying account on his or her books and on the books of the Treasurer of State and Auditor of State from which all such salaries may be paid, with provisions for reimbursing the paying account by directing the transfer of the necessary funds and appropriations on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. Acts 1973, No. 876, § 23; A.S.A. 1947, § 13-349.

In those instances where a state agency has approved line-items for salaries which are payable from more than one (1) fund, the Chief Fiscal Officer of the State shall be authorized to establish a paying account on his or her books and on the books of the Treasurer of State and Auditor of State from which all such salaries may be paid, with provisions for reimbursing the paying account by directing the transfer of the necessary funds and appropriations on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

Acts 1973, No. 876, § 23; A.S.A. 1947, § 13-349.
Ark. Code Ann. § 19-4-1802 — AR Code / Title 19 / Chapter 4 / Subchapter 18 / Section 19-4-1802
Petty cash imprest funds
Status: in_force

(a) Petty cash imprest funds for any state agency shall be approved by the Chief Fiscal Officer of the State only in the case of actual need for such funds in connection with the daily operations of the agency and shall be subject to such limitations with respect to amount and use of the funds as shall be prescribed by him or her. (b) The petty cash imprest funds shall not be used to circumvent purchasing rules, nor for the purpose of reimbursing individuals for travel expenses. Amended by Act 2019, No. 315,§ 1736, eff. 7/24/2019. Acts 1973, No. 876, § 24; A.S.A. 1947, § 13-350.

(a) Petty cash imprest funds for any state agency shall be approved by the Chief Fiscal Officer of the State only in the case of actual need for such funds in connection with the daily operations of the agency and shall be subject to such limitations with respect to amount and use of the funds as shall be prescribed by him or her.

(b) The petty cash imprest funds shall not be used to circumvent purchasing rules, nor for the purpose of reimbursing individuals for travel expenses.

Amended by Act 2019, No. 315,§ 1736, eff. 7/24/2019.

Acts 1973, No. 876, § 24; A.S.A. 1947, § 13-350.
Ark. Code Ann. § 19-5-966 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-966
Water Resources Development Operation and Maintenance 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 Resources Development Operation and Maintenance 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 Water Resources Development Act of 1981, § 15-22-601 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, there to be used for all or a part of the operation and maintenance needs of projects financed under the provisions of the Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq. 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 "Water Resources Development Operation and Maintenance 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 Water Resources Development Act of 1981, § 15-22-601 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, there to be used for all or a part of the operation and maintenance needs of projects financed under the provisions of the Arkansas Water Resources Development Act of 1981, § 15-22-601 et seq.

Acts 1991, No. 1135, § 10.
Ark. Code Ann. § 19-11-240 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-240
Reporting of suspected collusion - Definition
Status: in_force

(a) As used in this section, "collusion" means cooperation in the restraint of free and open competition in a public procurement, including without limitation: (1) Price fixing; (2) Bid rigging; (3) Customer or market allocation; (4) Misrepresenting the independence of the relationship between colluding parties; and (5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation: (A) Offering bribes or kickbacks; (B) Extortion; and (C) Fraudulent misrepresentation. (b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General. (c) (1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed. (2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request. (d) Collusion is cause for: (1) Debarment from consideration for award of a contract under § 19-11-245 ; and (2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director. Amended by Act 2017, No. 696,§ 3, eff. 8/1/2017. Acts 1979, No. 482, § 47; A.S.A. 1947, § 14-270.1.

(a) As used in this section, "collusion" means cooperation in the restraint of free and open competition in a public procurement, including without limitation: (1) Price fixing; (2) Bid rigging; (3) Customer or market allocation; (4) Misrepresenting the independence of the relationship between colluding parties; and (5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation: (A) Offering bribes or kickbacks; (B) Extortion; and (C) Fraudulent misrepresentation.

(1) Price fixing;

(2) Bid rigging;

(3) Customer or market allocation;

(4) Misrepresenting the independence of the relationship between colluding parties; and

(5) Exerting improper influence on public officials to obtain advantage in a public procurement, including without limitation: (A) Offering bribes or kickbacks; (B) Extortion; and (C) Fraudulent misrepresentation.

(A) Offering bribes or kickbacks;

(B) Extortion; and

(C) Fraudulent misrepresentation.

(b) When for any reason collusion is suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the Attorney General.

(c) (1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed. (2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.

(1) All documents involved in a procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed.

(2) All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt of the request.

(d) Collusion is cause for: (1) Debarment from consideration for award of a contract under § 19-11-245 ; and (2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.

(1) Debarment from consideration for award of a contract under § 19-11-245 ; and

(2) Suspension from consideration for award of a contract if there is probable cause for suspecting collusion as determined by the Attorney General or the State Procurement Director.

Amended by Act 2017, No. 696,§ 3, eff. 8/1/2017.

Acts 1979, No. 482, § 47; A.S.A. 1947, § 14-270.1.
Ark. Code Ann. § 19-11-1009 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1009
Filing of contracts
Status: in_force

Service contracts filed with a state agency under § 19-4-1109 shall be available for public inspection and auditing purposes. Acts 2003, No. 1315, § 13.

Service contracts filed with a state agency under § 19-4-1109 shall be available for public inspection and auditing purposes.

Acts 2003, No. 1315, § 13.
Ark. Code Ann. § 19-5-1055 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1055
Division of Information Systems 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 "Division of Information Systems Revolving Fund". (b) (1) The fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law. (2) The fund shall be used for the maintenance, operation, and improvement of the Division of Information Systems as set out in the Arkansas Information Systems Act of 1997, § 25-4-101 et seq. Amended by Act 2019, No. 910,§ 6098, eff. 7/1/2019. Acts 1993, No. 1073, § 15; 1999, No. 1463, § 22; 2003 (1st Ex. Sess.), No. 55, § 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 "Division of Information Systems Revolving Fund".

(b) (1) The fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law. (2) The fund shall be used for the maintenance, operation, and improvement of the Division of Information Systems as set out in the Arkansas Information Systems Act of 1997, § 25-4-101 et seq.

(1) The fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law.

(2) The fund shall be used for the maintenance, operation, and improvement of the Division of Information Systems as set out in the Arkansas Information Systems Act of 1997, § 25-4-101 et seq.

Amended by Act 2019, No. 910,§ 6098, eff. 7/1/2019.

Acts 1993, No. 1073, § 15; 1999, No. 1463, § 22; 2003 (1st Ex. Sess.), No. 55, § 21.
Ark. Code Ann. § 19-11-1010 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1010
[Repealed]
Status: repealed

Amended by Act 2019, No. 315,§ 1797, eff. 7/24/2019. Repealed by Act 2019, No. 418,§ 6, eff. 7/24/2019. Acts 2003, No. 1315, § 13.

Amended by Act 2019, No. 315,§ 1797, eff. 7/24/2019.

Repealed by Act 2019, No. 418,§ 6, eff. 7/24/2019.

Acts 2003, No. 1315, § 13.
Ark. Code Ann. § 19-4-1901 — AR Code / Title 19 / Chapter 4 / Subchapter 19 / Section 19-4-1901
Submission of requests
Status: in_force

(a) Requests for federal funds for grants, aids, reimbursement, and direct or indirect cost reimbursement plans, other than research grants, originated by a state agency other than a state institution of higher education shall be submitted to the Department of Finance and Administration prior to their submission to the granting source. (b) Excepting the provisions of § 19-4-1907 , the remainder of this subchapter shall not be applicable to state institutions of higher education. Acts 1973, No. 876, § 21; A.S.A. 1947, § 13-347; Acts 1989, No. 37, § 2.

(a) Requests for federal funds for grants, aids, reimbursement, and direct or indirect cost reimbursement plans, other than research grants, originated by a state agency other than a state institution of higher education shall be submitted to the Department of Finance and Administration prior to their submission to the granting source.

(b) Excepting the provisions of § 19-4-1907 , the remainder of this subchapter shall not be applicable to state institutions of higher education.

Acts 1973, No. 876, § 21; A.S.A. 1947, § 13-347; Acts 1989, No. 37, § 2.
Ark. Code Ann. § 19-5-1208 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1208
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1127,§ 20, eff. 7/1/2017. Repealed by Act 2017, No. 1083,§ 20, eff. 7/1/2017. Amended by Act 2015EX1, No. 8,§ 107, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 107, eff. 7/1/2015. Acts 1999, No. 1545, § 2; 2001, No. 1646, § 16.

Repealed by Act 2017, No. 1127,§ 20, eff. 7/1/2017.

Repealed by Act 2017, No. 1083,§ 20, eff. 7/1/2017.

Amended by Act 2015EX1, No. 8,§ 107, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 107, eff. 7/1/2015.

Acts 1999, No. 1545, § 2; 2001, No. 1646, § 16.
Ark. Code Ann. § 19-4-1806 — AR Code / Title 19 / Chapter 4 / Subchapter 18 / Section 19-4-1806
Grants, aids, and donations
Status: in_force

All state agencies are authorized to accept grants, aids, and donations and to enter into contracts to accept grants, aids, and donations. Following procedures prescribed by the Chief Fiscal Officer of the State, funds received from grants, aids, and donations may be deposited, disbursed, budgeted, and regulated. Acts 1973, No. 876, § 19; A.S.A. 1947, § 13-345.

All state agencies are authorized to accept grants, aids, and donations and to enter into contracts to accept grants, aids, and donations. Following procedures prescribed by the Chief Fiscal Officer of the State, funds received from grants, aids, and donations may be deposited, disbursed, budgeted, and regulated.

Acts 1973, No. 876, § 19; A.S.A. 1947, § 13-345.
Ark. Code Ann. § 19-9-203 — AR Code / Title 19 / Chapter 9 / Subchapter 2 / Section 19-9-203
Registration
Status: in_force

The Treasurer of State is designated as the official registrar of all direct obligation bonds of this state. Upon the application of the holder of any such obligations, the Treasurer of State shall register them as to principal only or as to both principal and interest. Thereafter, upon similar application, he or she shall discharge such obligations from registration. Acts 1955, No. 338, § 10; A.S.A. 1947, § 13-410.

The Treasurer of State is designated as the official registrar of all direct obligation bonds of this state. Upon the application of the holder of any such obligations, the Treasurer of State shall register them as to principal only or as to both principal and interest. Thereafter, upon similar application, he or she shall discharge such obligations from registration.

Acts 1955, No. 338, § 10; A.S.A. 1947, § 13-410.
Ark. Code Ann. § 19-5-915 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-915
[Repealed]
Status: repealed

Repealed by Act 2017, No. 263,§ 2, eff. 8/1/2017. Acts 1995, No. 1163, § 16.

Repealed by Act 2017, No. 263,§ 2, eff. 8/1/2017.

Acts 1995, No. 1163, § 16.
Ark. Code Ann. § 19-5-1225 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1225
Nonpartisan Filing Fee 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 "Nonpartisan Filing Fee Fund". (b) (1) The fund shall consist of nonpartisan office filing fees under § 7-10-103 . (2) The fund shall be used to cover the cost of election expenses of the State Board of Election Commissioners as set out in § 7-10-103 and for personal services and operating expenses for the State Board of Election Commissioners. Amended by Act 2021, No. 996,§ 10, eff. 7/1/2021. Amended by Act 2013, No. 1110,§ 14, eff. 8/16/2013. Acts 2003 (1st Ex. Sess.), No. 55, § 22.

(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 "Nonpartisan Filing Fee Fund".

(b) (1) The fund shall consist of nonpartisan office filing fees under § 7-10-103 . (2) The fund shall be used to cover the cost of election expenses of the State Board of Election Commissioners as set out in § 7-10-103 and for personal services and operating expenses for the State Board of Election Commissioners.

(1) The fund shall consist of nonpartisan office filing fees under § 7-10-103 .

(2) The fund shall be used to cover the cost of election expenses of the State Board of Election Commissioners as set out in § 7-10-103 and for personal services and operating expenses for the State Board of Election Commissioners.

Amended by Act 2021, No. 996,§ 10, eff. 7/1/2021.

Amended by Act 2013, No. 1110,§ 14, eff. 8/16/2013.

Acts 2003 (1st Ex. Sess.), No. 55, § 22.
Ark. Code Ann. § 19-5-1066 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1066
Nursing Student Scholarship 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 "Nursing Student Scholarship Fund". (b) The fund shall consist of funds appropriated for nursing student scholarships, and grants, contributions, or gratuities derived from federal means or private persons or corporations, there to be used for providing scholarships or financial assistance to nursing students, as administered by the Graduate Nurse Educator Loan and Scholarship Board as set out in § 6-81-1201 et seq. Acts 1995, No. 1163, § 27.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Nursing Student Scholarship Fund".

(b) The fund shall consist of funds appropriated for nursing student scholarships, and grants, contributions, or gratuities derived from federal means or private persons or corporations, there to be used for providing scholarships or financial assistance to nursing students, as administered by the Graduate Nurse Educator Loan and Scholarship Board as set out in § 6-81-1201 et seq.

Acts 1995, No. 1163, § 27.
Ark. Code Ann. § 19-8-203 — AR Code / Title 19 / Chapter 8 / Subchapter 2 / Section 19-8-203
Eligible security for deposits
Status: in_force

(a) Whenever, pursuant to any statute of the state, any depository in the State of Arkansas must furnish security for the deposit of any public funds or whenever any security must be granted to any public official in connection with public funds the following shall be considered as eligible security for such purposes and subject to the depositor's discretion regarding the suitability of the collateral: (1) The pledge or escrow of the assets of the bank consisting of any investment in which a state bank may invest pursuant to § 23-47-401 ; (2) A surety bond issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; (3) Private deposit insurance issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; or (4) An irrevocable standby letter of credit issued by a Federal Home Loan Bank. (b) The aggregate market value of assets pledged or escrowed or the face amount of the surety bond, private deposit insurance, or letter of credit securing the deposit of funds by any single depositor must be equal to or exceed the amount of the deposit to be secured. (c) Notwithstanding subdivision (a)(1) of this section, if any political subdivision, school district, improvement district, or other issuer has defaulted on any bonds or other obligations within the preceding period of ten (10) years, bonds or other obligations of the defaulting political subdivision, school district, improvement district, or other issuer shall not be eligible as security for the deposit of public funds or as security required to be deposited in connection with public funds. Acts 1975, No. 373, § 3; A.S.A. 1947, § 13-811; Acts 2001, No. 310, § 1.

(a) Whenever, pursuant to any statute of the state, any depository in the State of Arkansas must furnish security for the deposit of any public funds or whenever any security must be granted to any public official in connection with public funds the following shall be considered as eligible security for such purposes and subject to the depositor's discretion regarding the suitability of the collateral: (1) The pledge or escrow of the assets of the bank consisting of any investment in which a state bank may invest pursuant to § 23-47-401 ; (2) A surety bond issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; (3) Private deposit insurance issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; or (4) An irrevocable standby letter of credit issued by a Federal Home Loan Bank.

(1) The pledge or escrow of the assets of the bank consisting of any investment in which a state bank may invest pursuant to § 23-47-401 ;

(2) A surety bond issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties;

(A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or

(i) A.M. Best Company, Inc.;

(ii) Standard & Poor's Insurance Rating Service;

(iii) Moody's Investors Service, Inc.; or

(iv) Duff & Phelps Credit Rating Co.; or

(B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties;

(3) Private deposit insurance issued by an insurance company licensed under the laws of the State of Arkansas and either: (A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or (B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; or

(A) Rated "A" or better by any one (1) or more of the following rating agencies: (i) A.M. Best Company, Inc.; (ii) Standard & Poor's Insurance Rating Service; (iii) Moody's Investors Service, Inc.; or (iv) Duff & Phelps Credit Rating Co.; or

(i) A.M. Best Company, Inc.;

(ii) Standard & Poor's Insurance Rating Service;

(iii) Moody's Investors Service, Inc.; or

(iv) Duff & Phelps Credit Rating Co.; or

(B) Listed on the then-current United States Department of the Treasury Listing of Approved Sureties; or

(4) An irrevocable standby letter of credit issued by a Federal Home Loan Bank.

(b) The aggregate market value of assets pledged or escrowed or the face amount of the surety bond, private deposit insurance, or letter of credit securing the deposit of funds by any single depositor must be equal to or exceed the amount of the deposit to be secured.

(c) Notwithstanding subdivision (a)(1) of this section, if any political subdivision, school district, improvement district, or other issuer has defaulted on any bonds or other obligations within the preceding period of ten (10) years, bonds or other obligations of the defaulting political subdivision, school district, improvement district, or other issuer shall not be eligible as security for the deposit of public funds or as security required to be deposited in connection with public funds.

Acts 1975, No. 373, § 3; A.S.A. 1947, § 13-811; Acts 2001, No. 310, § 1.
Ark. Code Ann. § 19-9-402 — AR Code / Title 19 / Chapter 9 / Subchapter 4 / Section 19-9-402
Purpose
Status: in_force

(a) The Internal Revenue Code provides that interest with respect to certain obligations may not be exempt from federal income taxation unless the obligations are in registered form. It is therefore a matter of state concern that public entities be authorized to provide for the issuance of obligations in such form. It is a purpose of this subchapter to empower all public entities to establish and maintain a system pursuant to which obligations may be issued in registered form within the meaning of the applicable provisions of the Internal Revenue Code. (b) Obligations have traditionally been issued in bearer rather than in registered form, and a change from bearer to registered form may affect the relationships, rights, and duties of issuers of and the persons that deal with obligations and, by such effect, the costs of issuing obligations. Such effects will impact the various issuers and varieties of obligations differently depending upon their legal and financial characteristics, their markets, and their adaptability to recent and prospective technological and organizational developments. It is therefore a matter of state concern that public entities be provided flexibility in the development of such systems and control over system incidents so as to accommodate the different impacts. It is a purpose of this subchapter to empower the establishment, maintenance, and amendment, from time to time, of differing systems of registration of obligations so as to accommodate the differing impacts upon issuers and varieties of obligations. It is further a purpose of this subchapter to authorize systems that will facilitate the prompt and accurate transfer of registered public obligations and develop practices with regard to the registration and transfer of registered public obligations. Acts 1983, No. 786, § 3; A.S.A. 1947, § 13-2803.

(a) The Internal Revenue Code provides that interest with respect to certain obligations may not be exempt from federal income taxation unless the obligations are in registered form. It is therefore a matter of state concern that public entities be authorized to provide for the issuance of obligations in such form. It is a purpose of this subchapter to empower all public entities to establish and maintain a system pursuant to which obligations may be issued in registered form within the meaning of the applicable provisions of the Internal Revenue Code.

(b) Obligations have traditionally been issued in bearer rather than in registered form, and a change from bearer to registered form may affect the relationships, rights, and duties of issuers of and the persons that deal with obligations and, by such effect, the costs of issuing obligations. Such effects will impact the various issuers and varieties of obligations differently depending upon their legal and financial characteristics, their markets, and their adaptability to recent and prospective technological and organizational developments. It is therefore a matter of state concern that public entities be provided flexibility in the development of such systems and control over system incidents so as to accommodate the different impacts. It is a purpose of this subchapter to empower the establishment, maintenance, and amendment, from time to time, of differing systems of registration of obligations so as to accommodate the differing impacts upon issuers and varieties of obligations. It is further a purpose of this subchapter to authorize systems that will facilitate the prompt and accurate transfer of registered public obligations and develop practices with regard to the registration and transfer of registered public obligations.

Acts 1983, No. 786, § 3; A.S.A. 1947, § 13-2803.
Ark. Code Ann. § 19-6-834 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-834
Department of Parks, Heritage, and Tourism Fund Account
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 "Department of Parks, Heritage, and Tourism Fund Account". (b) The fund shall consist of: (1) That portion of moneys collected from the excise tax of one-eighth of one percent (1/8 of 1%) levied by Arkansas Constitution, Amendment 75, as set out in § 19-6-484(3)(B) ; and (2) Any other funds authorized or provided by law. (c) The fund shall be used by the Department of Parks, Heritage, and Tourism for state park purposes as appropriated by the General Assembly. Amended by Act 2019, No. 910,§ 5678, eff. 7/1/2019. Added by Act 2017, No. 1051,§ 7, eff. 7/1/2017.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Department of Parks, Heritage, and Tourism Fund Account".

(b) The fund shall consist of: (1) That portion of moneys collected from the excise tax of one-eighth of one percent (1/8 of 1%) levied by Arkansas Constitution, Amendment 75, as set out in § 19-6-484(3)(B) ; and (2) Any other funds authorized or provided by law.

(1) That portion of moneys collected from the excise tax of one-eighth of one percent (1/8 of 1%) levied by Arkansas Constitution, Amendment 75, as set out in § 19-6-484(3)(B) ; and

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

(c) The fund shall be used by the Department of Parks, Heritage, and Tourism for state park purposes as appropriated by the General Assembly.

Amended by Act 2019, No. 910,§ 5678, eff. 7/1/2019.

Added by Act 2017, No. 1051,§ 7, eff. 7/1/2017.
Ark. Code Ann. § 19-3-701 — AR Code / Title 19 / Chapter 3 / Subchapter 7 / Section 19-3-701
State Board of Finance - Creation - Members
Status: in_force

(a) The State Board of Finance is created. (b) The board shall be composed of the following members: (1) The Governor; (2) The Treasurer of State; (3) The Auditor of State; (4) The Bank Commissioner; (5) The Secretary of the Department of Finance and Administration; (6) The Securities Commissioner; (7) One (1) person with knowledge and experience in commercial banking; (8) One (1) person who: (A) Holds or has held a Series 7 licensure as a general securities representative; and (B) Has at least five (5) years of experience as a general securities representative; (9) One (1) certified public accountant who: (A) Is licensed in Arkansas; and (B) Has at least five (5) years of experience as a certified public accountant; (10) One (1) member of the general public; and (11) (A) The Insurance Commissioner. (B) The Insurance Commissioner shall be a voting member only for the purpose of voting on health benefit plans. (c) A board member listed in subdivisions (b)(7)-(10) of this section: (1) Shall serve a four-year term and may be reappointed, except that the board member shall serve an initial term of either one (1) year, two (2) years, three (3) years, or four (4) years as determined by lot in order to establish staggered terms in which the term of one (1) of the four (4) board members expires each year; (2) Shall be paid a stipend of one hundred dollars ($100) from funds appropriated to the Treasurer of State for participation in each board meeting; (3) Shall not have a direct financial interest in a transaction between an investment depository or bank depository and the: (A) Board; or (B) Treasurer of State; (4) Shall not be related within the second degree of consanguinity or affinity to a constitutional officer or a member of the General Assembly; (5) Shall abstain from voting on an issue that affects the board member or the procedures, profits, or funding of a business or organization of which the board member is a member; and (6) May be removed for cause by a majority vote of the board. (d) (1) A member listed in subdivisions (b)(7) and (8) of this section shall be appointed and may be reappointed by the President Pro Tempore of the Senate. (2) A member listed in subdivisions (b)(9) and (10) of this section shall be appointed and may be reappointed by the Speaker of the House of Representatives. (e) The Governor shall be Chair of the State Board of Finance, and the Treasurer of State shall be the secretary, executive officer, and disbursing agent of the board. Amended by Act 2022, No. 114,§ 2, eff. 3/1/2022. Amended by Act 2019, No. 910,§ 3447, eff. 7/1/2019. Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.

(a) The State Board of Finance is created.

(b) The board shall be composed of the following members: (1) The Governor; (2) The Treasurer of State; (3) The Auditor of State; (4) The Bank Commissioner; (5) The Secretary of the Department of Finance and Administration; (6) The Securities Commissioner; (7) One (1) person with knowledge and experience in commercial banking; (8) One (1) person who: (A) Holds or has held a Series 7 licensure as a general securities representative; and (B) Has at least five (5) years of experience as a general securities representative; (9) One (1) certified public accountant who: (A) Is licensed in Arkansas; and (B) Has at least five (5) years of experience as a certified public accountant; (10) One (1) member of the general public; and (11) (A) The Insurance Commissioner. (B) The Insurance Commissioner shall be a voting member only for the purpose of voting on health benefit plans.

(1) The Governor;

(2) The Treasurer of State;

(3) The Auditor of State;

(4) The Bank Commissioner;

(5) The Secretary of the Department of Finance and Administration;

(6) The Securities Commissioner;

(7) One (1) person with knowledge and experience in commercial banking;

(8) One (1) person who: (A) Holds or has held a Series 7 licensure as a general securities representative; and (B) Has at least five (5) years of experience as a general securities representative;

(A) Holds or has held a Series 7 licensure as a general securities representative; and

(B) Has at least five (5) years of experience as a general securities representative;

(9) One (1) certified public accountant who: (A) Is licensed in Arkansas; and (B) Has at least five (5) years of experience as a certified public accountant;

(A) Is licensed in Arkansas; and

(B) Has at least five (5) years of experience as a certified public accountant;

(10) One (1) member of the general public; and

(11) (A) The Insurance Commissioner. (B) The Insurance Commissioner shall be a voting member only for the purpose of voting on health benefit plans.

(A) The Insurance Commissioner.

(B) The Insurance Commissioner shall be a voting member only for the purpose of voting on health benefit plans.

(c) A board member listed in subdivisions (b)(7)-(10) of this section: (1) Shall serve a four-year term and may be reappointed, except that the board member shall serve an initial term of either one (1) year, two (2) years, three (3) years, or four (4) years as determined by lot in order to establish staggered terms in which the term of one (1) of the four (4) board members expires each year; (2) Shall be paid a stipend of one hundred dollars ($100) from funds appropriated to the Treasurer of State for participation in each board meeting; (3) Shall not have a direct financial interest in a transaction between an investment depository or bank depository and the: (A) Board; or (B) Treasurer of State; (4) Shall not be related within the second degree of consanguinity or affinity to a constitutional officer or a member of the General Assembly; (5) Shall abstain from voting on an issue that affects the board member or the procedures, profits, or funding of a business or organization of which the board member is a member; and (6) May be removed for cause by a majority vote of the board.

(1) Shall serve a four-year term and may be reappointed, except that the board member shall serve an initial term of either one (1) year, two (2) years, three (3) years, or four (4) years as determined by lot in order to establish staggered terms in which the term of one (1) of the four (4) board members expires each year;

(2) Shall be paid a stipend of one hundred dollars ($100) from funds appropriated to the Treasurer of State for participation in each board meeting;

(3) Shall not have a direct financial interest in a transaction between an investment depository or bank depository and the: (A) Board; or (B) Treasurer of State;

(A) Board; or

(B) Treasurer of State;

(4) Shall not be related within the second degree of consanguinity or affinity to a constitutional officer or a member of the General Assembly;

(5) Shall abstain from voting on an issue that affects the board member or the procedures, profits, or funding of a business or organization of which the board member is a member; and

(6) May be removed for cause by a majority vote of the board.

(d) (1) A member listed in subdivisions (b)(7) and (8) of this section shall be appointed and may be reappointed by the President Pro Tempore of the Senate. (2) A member listed in subdivisions (b)(9) and (10) of this section shall be appointed and may be reappointed by the Speaker of the House of Representatives.

(1) A member listed in subdivisions (b)(7) and (8) of this section shall be appointed and may be reappointed by the President Pro Tempore of the Senate.

(2) A member listed in subdivisions (b)(9) and (10) of this section shall be appointed and may be reappointed by the Speaker of the House of Representatives.

(e) The Governor shall be Chair of the State Board of Finance, and the Treasurer of State shall be the secretary, executive officer, and disbursing agent of the board.

Amended by Act 2022, No. 114,§ 2, eff. 3/1/2022.

Amended by Act 2019, No. 910,§ 3447, eff. 7/1/2019.

Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 19-11-226 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-226
Recommendations
Status: in_force

(a) The State Procurement Director shall maintain a close and cooperative relationship with the using agencies. (b) (1) The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency. (2) At any time, any using agency may make recommendations to the director, and the director may make recommendations to any using agency. (3) The Secretary of the Department of Transformation and Shared Services may make recommendations to the director. Amended by Act 2019, No. 910,§ 6110, eff. 7/1/2019. Acts 1979, No. 482, § 24; A.S.A. 1947, § 14-251.1; Acts 2001, No. 1237, § 19.

(a) The State Procurement Director shall maintain a close and cooperative relationship with the using agencies.

(b) (1) The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency. (2) At any time, any using agency may make recommendations to the director, and the director may make recommendations to any using agency. (3) The Secretary of the Department of Transformation and Shared Services may make recommendations to the director.

(1) The director shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to matters affecting the using agency.

(2) At any time, any using agency may make recommendations to the director, and the director may make recommendations to any using agency.

(3) The Secretary of the Department of Transformation and Shared Services may make recommendations to the director.

Amended by Act 2019, No. 910,§ 6110, eff. 7/1/2019.

Acts 1979, No. 482, § 24; A.S.A. 1947, § 14-251.1; Acts 2001, No. 1237, § 19.
Ark. Code Ann. § 19-9-702 — AR Code / Title 19 / Chapter 9 / Subchapter 7 / Section 19-9-702
Legislative findings
Status: in_force

The General Assembly hereby finds and declares: (1) The United States Supreme Court, in the case of South Carolina v. Baker, decided April 20, 1988, 485 U.S. 505, held that no barrier exists under the United States Constitution to the imposition of federal income taxation on interest received by holders of bonds of governmental units. Such exemption from federal income taxation has been a desirable feature of such bonds, operating to reduce interest expense to governmental units and enhancing the marketability of the bonds; (2) The continued ability of governmental units to provide for the financing of public improvements and other projects and programs which serve important public purposes by the issuance of bonds is essential for the health, welfare, and economic well-being of the people of the State of Arkansas; (3) By the adoption of the Internal Revenue Code of 1986, as amended, the United States Congress has substantially limited the purposes for which bonds may be issued with interest exempt from federal income taxation and imposed other restrictive provisions as a condition of such exemption. Additionally, under the authority of South Carolina v. Baker, the United States Congress may be expected to enact other laws and effect changes in federal tax policy to eliminate or further reduce the exemption of interest on bonds of governmental units from federal income taxation, with the result that, to provide financing for public purposes, governmental units may now find it in their best interests to issue bonds the interest on which is not exempt from federal income taxation; (4) Under the Arkansas Constitution and existing laws of this state, governmental units have had, and continue to have, the power to issue bonds without respect to whether the interest thereon is subject to federal income taxation; but many statutes applicable to governmental units lack effective, modern procedures under which the structure of a taxable financing may comply with current market practices, obtain the lowest effective borrowing cost, or provide terms most suitable to the governmental unit, the project, or the financing program; and (5) The purposes sought to be achieved by this subchapter are to provide governmental units with all means necessary to obtain financing for public purposes under the changing circumstances related to future tax policy of the federal government and to supplement and complement the provisions of existing and future laws authorizing the issuance of bonds, to the end that governmental units may provide for the health, safety, and welfare of the people by the issuance of bonds under terms and conditions necessary under the then-existing conditions. Acts 1989, No. 632, § 2.

The General Assembly hereby finds and declares:

(1) The United States Supreme Court, in the case of South Carolina v. Baker, decided April 20, 1988, 485 U.S. 505, held that no barrier exists under the United States Constitution to the imposition of federal income taxation on interest received by holders of bonds of governmental units. Such exemption from federal income taxation has been a desirable feature of such bonds, operating to reduce interest expense to governmental units and enhancing the marketability of the bonds;

(2) The continued ability of governmental units to provide for the financing of public improvements and other projects and programs which serve important public purposes by the issuance of bonds is essential for the health, welfare, and economic well-being of the people of the State of Arkansas;

(3) By the adoption of the Internal Revenue Code of 1986, as amended, the United States Congress has substantially limited the purposes for which bonds may be issued with interest exempt from federal income taxation and imposed other restrictive provisions as a condition of such exemption. Additionally, under the authority of South Carolina v. Baker, the United States Congress may be expected to enact other laws and effect changes in federal tax policy to eliminate or further reduce the exemption of interest on bonds of governmental units from federal income taxation, with the result that, to provide financing for public purposes, governmental units may now find it in their best interests to issue bonds the interest on which is not exempt from federal income taxation;

(4) Under the Arkansas Constitution and existing laws of this state, governmental units have had, and continue to have, the power to issue bonds without respect to whether the interest thereon is subject to federal income taxation; but many statutes applicable to governmental units lack effective, modern procedures under which the structure of a taxable financing may comply with current market practices, obtain the lowest effective borrowing cost, or provide terms most suitable to the governmental unit, the project, or the financing program; and

(5) The purposes sought to be achieved by this subchapter are to provide governmental units with all means necessary to obtain financing for public purposes under the changing circumstances related to future tax policy of the federal government and to supplement and complement the provisions of existing and future laws authorizing the issuance of bonds, to the end that governmental units may provide for the health, safety, and welfare of the people by the issuance of bonds under terms and conditions necessary under the then-existing conditions.

Acts 1989, No. 632, § 2.
Ark. Code Ann. § 19-1-201 — AR Code / Title 19 / Chapter 1 / Subchapter 2 / Section 19-1-201
Chief Fiscal Officer of the State
Status: in_force

The Secretary of the Department of Finance and Administration shall be the Chief Fiscal Officer of the State. Amended by Act 2019, No. 910,§ 3427, eff. 7/1/2019. Acts 1971, No. 585, § 17; A.S.A. 1947, § 13-202.

The Secretary of the Department of Finance and Administration shall be the Chief Fiscal Officer of the State.

Amended by Act 2019, No. 910,§ 3427, eff. 7/1/2019.

Acts 1971, No. 585, § 17; A.S.A. 1947, § 13-202.
Ark. Code Ann. § 19-5-917 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-917
State Police Retirement Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "State Police Retirement Fund". (b) The State Police Retirement Fund shall consist of the trust funds designated by law, moneys transferred or deposited from the State Administration of Justice Fund and non-DWI driver's license reinstatement fees as set out in § 27-16-808 . (c) The State Police Retirement Fund shall be used for payment of personal services, operating expenses, investments, benefits, refunds, and for such other purposes as may be authorized by law and in § 24-6-201 et seq. Acts 1973, No. 750, § 8; 1981, No. 938, § 19; A.S.A. 1947, § 13-531; Acts 1997, No. 1248, § 14.

(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 Police Retirement Fund".

(b) The State Police Retirement Fund shall consist of the trust funds designated by law, moneys transferred or deposited from the State Administration of Justice Fund and non-DWI driver's license reinstatement fees as set out in § 27-16-808 .

(c) The State Police Retirement Fund shall be used for payment of personal services, operating expenses, investments, benefits, refunds, and for such other purposes as may be authorized by law and in § 24-6-201 et seq.

Acts 1973, No. 750, § 8; 1981, No. 938, § 19; A.S.A. 1947, § 13-531; Acts 1997, No. 1248, § 14.
Ark. Code Ann. § 19-10-205 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-205
Rulemaking authority
Status: in_force

The Arkansas State Claims Commission may make and alter or amend all rules governing the procedure before the commission that may be necessary and expedient for the orderly discharge of the commission's duties and that are not inconsistent with this subchapter or other laws. Amended by Act 2019, No. 315,§ 1749, eff. 7/24/2019. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Acts 1949, No. 462, § 2; 1983, No. 470, § 2; 1983, No. 677, § 7; A.S.A. 1947, § 13-1402.

The Arkansas State Claims Commission may make and alter or amend all rules governing the procedure before the commission that may be necessary and expedient for the orderly discharge of the commission's duties and that are not inconsistent with this subchapter or other laws.

Amended by Act 2019, No. 315,§ 1749, eff. 7/24/2019.

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

Acts 1949, No. 462, § 2; 1983, No. 470, § 2; 1983, No. 677, § 7; A.S.A. 1947, § 13-1402.
Ark. Code Ann. § 19-7-905 — AR Code / Title 19 / Chapter 7 / Subchapter 9 / Section 19-7-905
Duplicate copies of agreement
Status: in_force

(a) The county judge shall prepare duplicate copies of each agreement for payment of sums in lieu of taxes and file one (1) with the county treasurer and one (1) with the clerk of the county court. (b) The clerk of the county court shall notify each political subdivision, for and on whose behalf the agreement is executed, that it has been consummated and shall state the share of the payment due under it to which the subdivision is entitled. (c) On or before the date on which any payment of sums in lieu of taxes is due, the county treasurer shall present a bill to the United States, in the name of the county, in the amount of such payment. The county treasurer shall give to the United States a receipt in the name of the county for all payments of sums in lieu of taxes. Acts 1939, No. 361, § 5; A.S.A. 1947, § 13-721.

(a) The county judge shall prepare duplicate copies of each agreement for payment of sums in lieu of taxes and file one (1) with the county treasurer and one (1) with the clerk of the county court.

(b) The clerk of the county court shall notify each political subdivision, for and on whose behalf the agreement is executed, that it has been consummated and shall state the share of the payment due under it to which the subdivision is entitled.

(c) On or before the date on which any payment of sums in lieu of taxes is due, the county treasurer shall present a bill to the United States, in the name of the county, in the amount of such payment. The county treasurer shall give to the United States a receipt in the name of the county for all payments of sums in lieu of taxes.

Acts 1939, No. 361, § 5; A.S.A. 1947, § 13-721.
Ark. Code Ann. § 19-5-1045 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1045
County Jail Reimbursement Fund
Status: in_force

(a) The County Jail Reimbursement Fund is created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those general revenues or general improvement funds that may be provided by law. (b) The fund shall be used by the Division of Correction for reimbursing counties housing prisoners sentenced to the Division of Correction. (c) The fund shall be used by the Division of Community Correction for reimbursing counties that are housing prisoners: (1) Sentenced to the Division of Community Correction; (2) Placed on probation if the probation is accompanied by incarceration in the Division of Community Correction; or (3) Confined in a county jail under any prerelease program or sanction imposed in response to a violation of a supervised condition. Amended by Act 2019, No. 910,§ 987, eff. 7/1/2019. Amended by Act 2013, No. 1282,§ 2, eff. 8/16/2013. Acts 1991, No. 644, § 2; 2003, No. 370, § 3; 2003 (2nd Ex. Sess.), No. 16, § 2.

(a) The County Jail Reimbursement Fund is created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those general revenues or general improvement funds that may be provided by law.

(b) The fund shall be used by the Division of Correction for reimbursing counties housing prisoners sentenced to the Division of Correction.

(c) The fund shall be used by the Division of Community Correction for reimbursing counties that are housing prisoners: (1) Sentenced to the Division of Community Correction; (2) Placed on probation if the probation is accompanied by incarceration in the Division of Community Correction; or (3) Confined in a county jail under any prerelease program or sanction imposed in response to a violation of a supervised condition.

(1) Sentenced to the Division of Community Correction;

(2) Placed on probation if the probation is accompanied by incarceration in the Division of Community Correction; or

(3) Confined in a county jail under any prerelease program or sanction imposed in response to a violation of a supervised condition.

Amended by Act 2019, No. 910,§ 987, eff. 7/1/2019.

Amended by Act 2013, No. 1282,§ 2, eff. 8/16/2013.

Acts 1991, No. 644, § 2; 2003, No. 370, § 3; 2003 (2nd Ex. Sess.), No. 16, § 2.
Ark. Code Ann. § 19-4-1205 — AR Code / Title 19 / Chapter 4 / Subchapter 12 / Section 19-4-1205
Signature or facsimile
Status: in_force

The original copy of all checks drawn in connection with the disbursement of public funds for which the disbursing officer is responsible shall bear the manual signature of the disbursing officer or his or her authorized agent, or may contain or bear a mechanically produced facsimile signature of the disbursing officer or his or her authorized agent. Where the Chief Fiscal Officer of the State has determined that the executive head of a state agency has established adequate internal administrative procedures and controls pursuant to law, which determination shall be made only after the Chief Fiscal Officer of the State shall have consulted with the Legislative Auditor, he or she may grant an exemption from manual signatures to allow for a computer-produced digitized signature of the disbursing officer or his or her authorized agent. Acts 1973, No. 876, § 14; 1979, No. 833, § 5; A.S.A. 1947, § 13-340; Acts 1997, No. 1087, § 1; 2001, No. 1453, § 36.

The original copy of all checks drawn in connection with the disbursement of public funds for which the disbursing officer is responsible shall bear the manual signature of the disbursing officer or his or her authorized agent, or may contain or bear a mechanically produced facsimile signature of the disbursing officer or his or her authorized agent. Where the Chief Fiscal Officer of the State has determined that the executive head of a state agency has established adequate internal administrative procedures and controls pursuant to law, which determination shall be made only after the Chief Fiscal Officer of the State shall have consulted with the Legislative Auditor, he or she may grant an exemption from manual signatures to allow for a computer-produced digitized signature of the disbursing officer or his or her authorized agent.

Acts 1973, No. 876, § 14; 1979, No. 833, § 5; A.S.A. 1947, § 13-340; Acts 1997, No. 1087, § 1; 2001, No. 1453, § 36.
Ark. Code Ann. § 19-9-103 — AR Code / Title 19 / Chapter 9 / Subchapter 1 / Section 19-9-103
Paying agents to remit funds after three years
Status: in_force

(a) Paying agents, with whom the state or any political subdivision of the state has deposited or shall deposit funds for the payment of obligations of the state or of any political subdivision of the state, are required to remit to the Treasurer of State all such funds which have been in their hands for a period of three (3) years. (b) The Treasurer of State shall invest these funds from paying agents in government or state bonds which he or she shall hold in trust for the holders of the obligations for the payment of which the funds were deposited with the paying agents. (c) On the presentation to the Treasurer of State of any valid obligation that was payable out of any fund remitted to him or her by a paying agent, the Treasurer of State shall sell the bonds purchased with such fund and redeem the obligation. Acts 1941, No. 113, §§ 1-3; A.S.A. 1947, §§ 13-1004 -- 13-1006.

(a) Paying agents, with whom the state or any political subdivision of the state has deposited or shall deposit funds for the payment of obligations of the state or of any political subdivision of the state, are required to remit to the Treasurer of State all such funds which have been in their hands for a period of three (3) years.

(b) The Treasurer of State shall invest these funds from paying agents in government or state bonds which he or she shall hold in trust for the holders of the obligations for the payment of which the funds were deposited with the paying agents.

(c) On the presentation to the Treasurer of State of any valid obligation that was payable out of any fund remitted to him or her by a paying agent, the Treasurer of State shall sell the bonds purchased with such fund and redeem the obligation.

Acts 1941, No. 113, §§ 1-3; A.S.A. 1947, §§ 13-1004 -- 13-1006.
Ark. Code Ann. § 19-3-520 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-520
Minimum balance to be maintained
Status: in_force

Since it is the intent of the General Assembly that the State Treasury have sufficient cash available at all times to redeem all state warrants presented for payment, the State Board of Finance shall immediately sell securities in the manner prescribed in § 19-3-518(b) when the cash balance maintained on demand deposit in bank depositories falls below the amount necessary to meet operating requirements, excluding trust funds. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

Since it is the intent of the General Assembly that the State Treasury have sufficient cash available at all times to redeem all state warrants presented for payment, the State Board of Finance shall immediately sell securities in the manner prescribed in § 19-3-518(b) when the cash balance maintained on demand deposit in bank depositories falls below the amount necessary to meet operating requirements, excluding trust funds.

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

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-6-106 — AR Code / Title 19 / Chapter 6 / Subchapter 1 / Section 19-6-106
Effect on general revenue statutes
Status: in_force

As to the taxes, licenses, fees, and other revenues classified as general revenues, as set out in this chapter, it is not the purpose of this chapter to levy or change the amount or rate of such taxes, licenses, fees, and other revenues but to state the purpose for which general revenues are to be used. This chapter shall not be construed as amending any of the provisions of the law with respect to such taxes defined to be general revenues except for the purpose of defining the purposes for which these revenues are raised and collected. Acts 1973, No. 808, § 4; A.S.A. 1947, § 13-503.3.

As to the taxes, licenses, fees, and other revenues classified as general revenues, as set out in this chapter, it is not the purpose of this chapter to levy or change the amount or rate of such taxes, licenses, fees, and other revenues but to state the purpose for which general revenues are to be used. This chapter shall not be construed as amending any of the provisions of the law with respect to such taxes defined to be general revenues except for the purpose of defining the purposes for which these revenues are raised and collected.

Acts 1973, No. 808, § 4; A.S.A. 1947, § 13-503.3.
Ark. Code Ann. § 19-5-911 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-911
Second Injury 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 trust fund to be known as the "Second Injury Trust Fund". (b) The fund shall consist of the revenues provided by §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 and shall be used for the purposes as set out in those statutes. Acts 1973, No. 750, § 8; 1985, No. 888, § 11; A.S.A. 1947, § 13-531.

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

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

Acts 1973, No. 750, § 8; 1985, No. 888, § 11; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-6-803 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-803
Public Legal Aid 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 "Public Legal Aid Fund". (b) The fund shall consist of such revenues as may be authorized by law. (c) The fund shall be used for providing financial support for public legal aid organizations and distributed as follows: (1) Forty-five percent (45%) of the fund shall be paid to Legal Aid of Arkansas; and (2) Fifty-five percent (55%) of the fund shall be paid to the Center for Arkansas Legal Services. Acts 2005, No. 1893, § 2.

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

(b) The fund shall consist of such revenues as may be authorized by law.

(c) The fund shall be used for providing financial support for public legal aid organizations and distributed as follows: (1) Forty-five percent (45%) of the fund shall be paid to Legal Aid of Arkansas; and (2) Fifty-five percent (55%) of the fund shall be paid to the Center for Arkansas Legal Services.

(1) Forty-five percent (45%) of the fund shall be paid to Legal Aid of Arkansas; and

(2) Fifty-five percent (55%) of the fund shall be paid to the Center for Arkansas Legal Services.

Acts 2005, No. 1893, § 2.
Ark. Code Ann. § 19-2-303 — AR Code / Title 19 / Chapter 2 / Subchapter 3 / Section 19-2-303
Definitions
Status: in_force

As used in this subchapter: (1) "Abatement" means a complete or partial cancellation of a tax levied, special assessment, service charge, student loan, note receivable, or other amounts for which asset recognition criteria have been met; (2) "Accounts receivable" means an asset account upon the books of record reflecting amounts owing on open account from persons or organizations for taxes levied, special assessments, service charges, goods and services furnished by a state agency, or other amounts for which asset recognition criteria have been met but does not include amounts due from other state agencies; (3) "Notes receivable" means an unconditional written promise, signed by the maker, to pay a certain sum in money on demand or at a fixed or determinable future time either to the bearer or to the order of a person designated therein; (4) "Special assessment" means a compulsory levy made against certain properties or business entities to defray part or all of the cost of a specific improvement or service deemed to primarily benefit or regulate those upon whom the assessment is levied; (5) "State agency" means a state agency, board, authority, commission, department, or institution of higher education created by or receiving an appropriation by the General Assembly; and (6) "Tax" means a compulsory charge levied by the State of Arkansas for the purpose of financing services performed for the common benefit of its citizens. Acts 1983, No. 497, § 3; A.S.A. 1947, § 13-369.

As used in this subchapter:

(1) "Abatement" means a complete or partial cancellation of a tax levied, special assessment, service charge, student loan, note receivable, or other amounts for which asset recognition criteria have been met;

(2) "Accounts receivable" means an asset account upon the books of record reflecting amounts owing on open account from persons or organizations for taxes levied, special assessments, service charges, goods and services furnished by a state agency, or other amounts for which asset recognition criteria have been met but does not include amounts due from other state agencies;

(3) "Notes receivable" means an unconditional written promise, signed by the maker, to pay a certain sum in money on demand or at a fixed or determinable future time either to the bearer or to the order of a person designated therein;

(4) "Special assessment" means a compulsory levy made against certain properties or business entities to defray part or all of the cost of a specific improvement or service deemed to primarily benefit or regulate those upon whom the assessment is levied;

(5) "State agency" means a state agency, board, authority, commission, department, or institution of higher education created by or receiving an appropriation by the General Assembly; and

(6) "Tax" means a compulsory charge levied by the State of Arkansas for the purpose of financing services performed for the common benefit of its citizens.

Acts 1983, No. 497, § 3; A.S.A. 1947, § 13-369.
Ark. Code Ann. § 19-3-508 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-508
Deposits in ineligible institutions
Status: in_force

(a) The Treasurer of State shall not deposit State Treasury funds into an institution that is not eligible to be a bank depository under § 19-3-507 unless deposits in the institution are required to be made by other law or by resolution of a state board or commission duly adopted pursuant to the authority and requirement of other law. (b) The prohibition of subsection (a) of this section does not apply to funds payable from the State Treasury that are required by paying agents to meet debt service requirements of bond obligations incurred by law. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) The Treasurer of State shall not deposit State Treasury funds into an institution that is not eligible to be a bank depository under § 19-3-507 unless deposits in the institution are required to be made by other law or by resolution of a state board or commission duly adopted pursuant to the authority and requirement of other law.

(b) The prohibition of subsection (a) of this section does not apply to funds payable from the State Treasury that are required by paying agents to meet debt service requirements of bond obligations incurred by law.

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

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-5-1087 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1087
Justice Building Construction Fund
Status: in_force

(a) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-805 , 19-4-806 , and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the "Justice Building Construction Fund", which shall be maintained in such depository bank or banks as may, from time to time, be designated by the Building Authority Division. (b) All moneys transferred to and deposited into the fund, whether pursuant to § 16-10-310 or otherwise, and all income, interest, and earnings thereof, are declared to be cash funds, restricted in their use, and dedicated and are to be used solely for the financing of additions, extensions, and improvements to, the renovation of, and the equipping of such additions, extensions, and improvements of the Arkansas Justice Building situated on the State Capitol grounds. Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Amendment 20, or any other constitutional or statutory provision. (c) The fund shall be held and the amounts therein invested by the division in accordance with the authority provided in the Arkansas Justice Building Act, § 22-3-901 et seq. The division may also use the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., to accomplish the purposes specified in subsection (b) of this section and to pay the costs and expenses related to the issuance of such obligations. (d) The provisions of § 22-3-1402(c) [repealed] and § 22-3-1406 [repealed] shall not be applicable in any respect to the construction of additions or extensions to, the renovation of, or the equipping of such additions, extensions, and renovations of the Arkansas Justice Building, and shall not, under any circumstances, constitute a limitation on or prohibition to the financing of such capital improvements by the Arkansas Development Finance Authority. Amended by Act 2019, No. 910,§ 6100, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 18, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 17, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 18, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 17, eff. 7/1/2015. Acts 1997, No. 788, § 26; 1997, No. 901, § 1; 2007, No. 186, §§ 5, 6.

(a) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-805 , 19-4-806 , and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the "Justice Building Construction Fund", which shall be maintained in such depository bank or banks as may, from time to time, be designated by the Building Authority Division.

(b) All moneys transferred to and deposited into the fund, whether pursuant to § 16-10-310 or otherwise, and all income, interest, and earnings thereof, are declared to be cash funds, restricted in their use, and dedicated and are to be used solely for the financing of additions, extensions, and improvements to, the renovation of, and the equipping of such additions, extensions, and improvements of the Arkansas Justice Building situated on the State Capitol grounds. Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Amendment 20, or any other constitutional or statutory provision.

(c) The fund shall be held and the amounts therein invested by the division in accordance with the authority provided in the Arkansas Justice Building Act, § 22-3-901 et seq. The division may also use the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., to accomplish the purposes specified in subsection (b) of this section and to pay the costs and expenses related to the issuance of such obligations.

(d) The provisions of § 22-3-1402(c) [repealed] and § 22-3-1406 [repealed] shall not be applicable in any respect to the construction of additions or extensions to, the renovation of, or the equipping of such additions, extensions, and renovations of the Arkansas Justice Building, and shall not, under any circumstances, constitute a limitation on or prohibition to the financing of such capital improvements by the Arkansas Development Finance Authority.

Amended by Act 2019, No. 910,§ 6100, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 18, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 17, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 18, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 17, eff. 7/1/2015.

Acts 1997, No. 788, § 26; 1997, No. 901, § 1; 2007, No. 186, §§ 5, 6.
Ark. Code Ann. § 19-2-302 — AR Code / Title 19 / Chapter 2 / Subchapter 3 / Section 19-2-302
Purpose
Status: in_force

The purpose of this subchapter is to establish procedures for the various state agencies, authorities, boards, commissions, departments, and institutions of higher education to charge-off or cancel uncollectible moneys owed to them. Acts 1983, No. 497, § 2; A.S.A. 1947, § 13-368.

The purpose of this subchapter is to establish procedures for the various state agencies, authorities, boards, commissions, departments, and institutions of higher education to charge-off or cancel uncollectible moneys owed to them.

Acts 1983, No. 497, § 2; A.S.A. 1947, § 13-368.
Ark. Code Ann. § 19-5-1081 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1081
District Court Judge and District Court Clerk Education 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 "District Court Judge and District Court Clerk Education Fund". (b) The District Court Judge and District Court Clerk Education Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund, there to be used for providing continuing education opportunities within the State of Arkansas to district court judges and district court clerks. Acts 1997, No. 1248, § 25; 2003, No. 1185, § 254.

(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 "District Court Judge and District Court Clerk Education Fund".

(b) The District Court Judge and District Court Clerk Education Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund, there to be used for providing continuing education opportunities within the State of Arkansas to district court judges and district court clerks.

Acts 1997, No. 1248, § 25; 2003, No. 1185, § 254.
Ark. Code Ann. § 19-4-505 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-505
State accounting system to conform to generally accepted accounting principles - Legislative intent
Status: in_force

It is the intent of the General Assembly that the state accounting system, as authorized in this subchapter, shall be established in conformity with generally accepted accounting principles as recognized by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, the Financial Accounting Standards Board, and any successor governing boards. However, the Chief Fiscal Officer of the State shall consult the Legislative Joint Auditing Committee before proposing, adopting, or recommending compliance with any of the generally accepted accounting principles that conflict with law. It is further recognized that the state accounting system should comply with recognized principles of accounting for and reporting of public moneys in order to properly and fairly discharge to the taxpayers our responsibility of adequately accounting for their moneys. Acts 1973, No. 876, § 12; 1979, No. 833, § 3; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 6.

It is the intent of the General Assembly that the state accounting system, as authorized in this subchapter, shall be established in conformity with generally accepted accounting principles as recognized by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, the Financial Accounting Standards Board, and any successor governing boards. However, the Chief Fiscal Officer of the State shall consult the Legislative Joint Auditing Committee before proposing, adopting, or recommending compliance with any of the generally accepted accounting principles that conflict with law. It is further recognized that the state accounting system should comply with recognized principles of accounting for and reporting of public moneys in order to properly and fairly discharge to the taxpayers our responsibility of adequately accounting for their moneys.

Acts 1973, No. 876, § 12; 1979, No. 833, § 3; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 6.
Ark. Code Ann. § 19-4-1201 — AR Code / Title 19 / Chapter 4 / Subchapter 12 / Section 19-4-1201
Disbursing officers
Status: in_force

(a) For the purpose of compliance with the provisions of this subchapter, the following shall be designated as disbursing officers: (1) The executive head of each state department; (2) The executive head, or superintendent, of each state institution; and (3) The executive secretary of each board or commission having such an officer. (b) The board having charge of any institution may designate any other full-time employee to act instead of the executive head, and the executive head of any other agency may designate any other full-time employee to act in his or her stead. (c) All these disbursing officers shall be required to furnish bond to the state in the manner provided by law. Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340.

(a) For the purpose of compliance with the provisions of this subchapter, the following shall be designated as disbursing officers: (1) The executive head of each state department; (2) The executive head, or superintendent, of each state institution; and (3) The executive secretary of each board or commission having such an officer.

(1) The executive head of each state department;

(2) The executive head, or superintendent, of each state institution; and

(3) The executive secretary of each board or commission having such an officer.

(b) The board having charge of any institution may designate any other full-time employee to act instead of the executive head, and the executive head of any other agency may designate any other full-time employee to act in his or her stead.

(c) All these disbursing officers shall be required to furnish bond to the state in the manner provided by law.

Acts 1973, No. 876, § 14; A.S.A. 1947, § 13-340.
Ark. Code Ann. § 19-11-258 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-258
Contract controversies
Status: in_force

Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 - 19-11-248 , which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 - 19-11-248 . Acts 1979, No. 482, § 75; A.S.A. 1947, § 14-292.

Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved in accordance with §§ 19-11-244 - 19-11-248 , which refer to legal and contractual remedies, where the administering public procurement unit is a state public procurement unit or otherwise subject to §§ 19-11-244 - 19-11-248 .

Acts 1979, No. 482, § 75; A.S.A. 1947, § 14-292.
Ark. Code Ann. § 19-5-1122 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1122
Juvenile Accountability Incentive Block 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 "Juvenile Accountability Incentive Block Grant Trust Fund". (b) (1) The fund shall consist of those federal funds received through a grant award under the Juvenile Accountability Incentive Block Grants Program. (2) The fund shall be used to provide funds to state and local units of government to establish a coordinated enforcement plan for reducing juvenile crime developed by a Juvenile Crime Enforcement Coalition, as administered by the Division of Youth Services of the Department of Human Services. 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 "Juvenile Accountability Incentive Block Grant Trust Fund".

(b) (1) The fund shall consist of those federal funds received through a grant award under the Juvenile Accountability Incentive Block Grants Program. (2) The fund shall be used to provide funds to state and local units of government to establish a coordinated enforcement plan for reducing juvenile crime developed by a Juvenile Crime Enforcement Coalition, as administered by the Division of Youth Services of the Department of Human Services.

(1) The fund shall consist of those federal funds received through a grant award under the Juvenile Accountability Incentive Block Grants Program.

(2) The fund shall be used to provide funds to state and local units of government to establish a coordinated enforcement plan for reducing juvenile crime developed by a Juvenile Crime Enforcement Coalition, as administered by the Division of Youth Services of the Department of Human Services.

Acts 2001, No. 1646, § 11.
Ark. Code Ann. § 19-10-304 — AR Code / Title 19 / Chapter 10 / Subchapter 3 / Section 19-10-304
Subrogation claims not heard
Status: in_force

The Arkansas State Claims Commission shall not hear subrogation claims. This fact shall in no way alter or vary the operation or coverage of §§ 21-9-201 - 21-9-205 . Acts 1981, No. 586, § 4; A.S.A. 1947, § 13-1419.

The Arkansas State Claims Commission shall not hear subrogation claims. This fact shall in no way alter or vary the operation or coverage of §§ 21-9-201 - 21-9-205 .

Acts 1981, No. 586, § 4; A.S.A. 1947, § 13-1419.
Ark. Code Ann. § 19-6-411 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-411
State Forestry Fund
Status: in_force

The State Forestry Fund shall consist of those special revenues as specified in § 19-6-301(6) and (18) excluding twenty-five percent (25%) of all other severance taxes as set out in § 19-6-301(18) , fifty percent (50%) of § 19-6-301(26) , and such general revenues as may be provided by law, there to be used for the maintenance, operation, and improvement required by the Arkansas Forestry Commission in carrying out the functions, powers, and duties as set out in § 15-31-101 et seq., or other duties imposed by law upon the commission. Acts 1973, No. 808, § 14; 1979, No. 1027, § 7; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13.

The State Forestry Fund shall consist of those special revenues as specified in § 19-6-301(6) and (18) excluding twenty-five percent (25%) of all other severance taxes as set out in § 19-6-301(18) , fifty percent (50%) of § 19-6-301(26) , and such general revenues as may be provided by law, there to be used for the maintenance, operation, and improvement required by the Arkansas Forestry Commission in carrying out the functions, powers, and duties as set out in § 15-31-101 et seq., or other duties imposed by law upon the commission.

Acts 1973, No. 808, § 14; 1979, No. 1027, § 7; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-5-1244 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1244
Health Information Technology Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Health Information Technology Fund". (b) (1) All moneys collected under § 25-42-101 et seq. shall be deposited into the State Treasury to the credit of the Health Information Technology Fund as special revenues. (2) The Health Information Technology Fund shall also consist of funds transferred to it from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, or other funds, gifts, bequests, foundation grants and gifts, Governor's Emergency Fund or other emergency funds, federal grants and matching funds, proceeds from bond issues, service charges or fees, interagency transfer of funds, and other funds that may be appropriated by the General Assembly. (c) The Health Information Technology Fund shall be used by the Office of Health Information Technology for the operating expenses of the office and the State Health Alliance for Records Exchange. Amended by Act 2019, No. 82,§ 19, eff. 7/1/2019. Acts 2011, No. 891, § 2.

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

(b) (1) All moneys collected under § 25-42-101 et seq. shall be deposited into the State Treasury to the credit of the Health Information Technology Fund as special revenues. (2) The Health Information Technology Fund shall also consist of funds transferred to it from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, or other funds, gifts, bequests, foundation grants and gifts, Governor's Emergency Fund or other emergency funds, federal grants and matching funds, proceeds from bond issues, service charges or fees, interagency transfer of funds, and other funds that may be appropriated by the General Assembly.

(1) All moneys collected under § 25-42-101 et seq. shall be deposited into the State Treasury to the credit of the Health Information Technology Fund as special revenues.

(2) The Health Information Technology Fund shall also consist of funds transferred to it from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, or other funds, gifts, bequests, foundation grants and gifts, Governor's Emergency Fund or other emergency funds, federal grants and matching funds, proceeds from bond issues, service charges or fees, interagency transfer of funds, and other funds that may be appropriated by the General Assembly.

(c) The Health Information Technology Fund shall be used by the Office of Health Information Technology for the operating expenses of the office and the State Health Alliance for Records Exchange.

Amended by Act 2019, No. 82,§ 19, eff. 7/1/2019.

Acts 2011, No. 891, § 2.
Ark. Code Ann. § 19-5-1029 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1029
Surface Coal Mining Operation 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 "Surface Coal Mining Operation Fund". (b) The fund shall consist of application and permit fees for surface coal mining, there to be used by the Division of Environmental Quality only for the administration and enforcement of the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq., and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program as defined in § 15-58-104 . Amended by Act 2019, No. 910,§ 3194, eff. 7/1/2019. Acts 1987, No. 928, § 3; 1999, No. 1164, § 167; 2009, No. 251, § 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 fund to be known as the "Surface Coal Mining Operation Fund".

(b) The fund shall consist of application and permit fees for surface coal mining, there to be used by the Division of Environmental Quality only for the administration and enforcement of the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq., and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program as defined in § 15-58-104 .

Amended by Act 2019, No. 910,§ 3194, eff. 7/1/2019.

Acts 1987, No. 928, § 3; 1999, No. 1164, § 167; 2009, No. 251, § 17.
Ark. Code Ann. § 19-7-401 — AR Code / Title 19 / Chapter 7 / Subchapter 4 / Section 19-7-401
Sale of public lands generally
Status: in_force

The Treasurer of State is authorized and required, from time to time, to draw for and receive, from the United States Secretary of the Treasury, all sums of money which may accrue to the state on account of the five percent (5%) of the net proceeds of the sale of public lands of the United States lying within the State of Arkansas. Acts 1836, § 1, p. 206; C. & M. Dig., § 4493; Pope's Dig., § 5529; A.S.A. 1947, § 13-701.

The Treasurer of State is authorized and required, from time to time, to draw for and receive, from the United States Secretary of the Treasury, all sums of money which may accrue to the state on account of the five percent (5%) of the net proceeds of the sale of public lands of the United States lying within the State of Arkansas.

Acts 1836, § 1, p. 206; C. & M. Dig., § 4493; Pope's Dig., § 5529; A.S.A. 1947, § 13-701.
Ark. Code Ann. § 19-5-954 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-954
Self-Insured Fidelity Bond 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 "Self-Insured Fidelity Bond Trust Fund". (b) The fund shall consist of bond premiums collected under § 21-2-701 et seq., there to be administered and disbursed by the Governmental Bonding Board for the use and benefit of participating governmental entities for bond claims and board expenses. Amended by Act 2023, No. 826,§ 1, eff. 8/1/2023. Acts 1989, No. 629, § 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 "Self-Insured Fidelity Bond Trust Fund".

(b) The fund shall consist of bond premiums collected under § 21-2-701 et seq., there to be administered and disbursed by the Governmental Bonding Board for the use and benefit of participating governmental entities for bond claims and board expenses.

Amended by Act 2023, No. 826,§ 1, eff. 8/1/2023.

Acts 1989, No. 629, § 11.
Ark. Code Ann. § 19-4-307 — AR Code / Title 19 / Chapter 4 / Subchapter 3 / Section 19-4-307
Employment classification information
Status: in_force

(a) At the same time a state agency submits a budget request for presession budget hearings of the Legislative Council and the Joint Budget Committee, the agency shall also submit the following information for each employment classification: (1) The total number of persons currently employed; (2) The number of white male employees; (3) The number of white female employees; (4) The total number of Caucasian employees; (5) The number of black male employees; (6) The number of black female employees; (7) The number of other employees who are members of racial minorities; and (8) The total number of minorities currently employed. (b) An agency's budget request shall not be considered by the Legislative Council or Joint Budget Committee in a presession budget hearing unless the information required by this section is filed along with the budget request. Acts 1993, No. 358, § 1.

(a) At the same time a state agency submits a budget request for presession budget hearings of the Legislative Council and the Joint Budget Committee, the agency shall also submit the following information for each employment classification: (1) The total number of persons currently employed; (2) The number of white male employees; (3) The number of white female employees; (4) The total number of Caucasian employees; (5) The number of black male employees; (6) The number of black female employees; (7) The number of other employees who are members of racial minorities; and (8) The total number of minorities currently employed.

(1) The total number of persons currently employed;

(2) The number of white male employees;

(3) The number of white female employees;

(4) The total number of Caucasian employees;

(5) The number of black male employees;

(6) The number of black female employees;

(7) The number of other employees who are members of racial minorities; and

(8) The total number of minorities currently employed.

(b) An agency's budget request shall not be considered by the Legislative Council or Joint Budget Committee in a presession budget hearing unless the information required by this section is filed along with the budget request.

Acts 1993, No. 358, § 1.
Ark. Code Ann. § 19-10-105 — AR Code / Title 19 / Chapter 10 / Subchapter 1 / Section 19-10-105
Definitions
Status: in_force

As used in this chapter: (1) "General Assembly" means the appropriate subcommittee of the Legislative Council or the Joint Budget Committee that is assigned to hear appealed claims or claims requiring approval before being considered by the Legislative Council, the Joint Budget Committee, or the full General Assembly; (2) "Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance; (3) "State agency" means a department, office, board, commission, or institution of this state, including a state-supported institution of higher education; and (4) "Subrogation claim" means a claim filed with the Arkansas State Claims Commission by an insurer or by its insured, or both, to recover money paid or owed by an insurer to an individual under a contract of insurance. Amended by Act 2019, No. 785,§ 1, eff. 7/24/2019.

As used in this chapter:

(1) "General Assembly" means the appropriate subcommittee of the Legislative Council or the Joint Budget Committee that is assigned to hear appealed claims or claims requiring approval before being considered by the Legislative Council, the Joint Budget Committee, or the full General Assembly;

(2) "Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance;

(3) "State agency" means a department, office, board, commission, or institution of this state, including a state-supported institution of higher education; and

(4) "Subrogation claim" means a claim filed with the Arkansas State Claims Commission by an insurer or by its insured, or both, to recover money paid or owed by an insurer to an individual under a contract of insurance.

Amended by Act 2019, No. 785,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 19-4-1303 — AR Code / Title 19 / Chapter 4 / Subchapter 13 / Section 19-4-1303
Exemptions
Status: in_force

Funds disbursed by the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, and the Office of the Arkansas Lottery and the funds appropriated in the general appropriation bill provided for in Arkansas Constitution, Article 5, § 30, shall be exempt from this subchapter. Amended by Act 2017, No. 707,§ 46, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 16, eff. 2/26/2015. Acts 1983, No. 781, § 6; A.S.A. 1947, § 13-379; Acts 2009, No. 605, § 17; 2009, No. 606, § 17.

Funds disbursed by the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, and the Office of the Arkansas Lottery and the funds appropriated in the general appropriation bill provided for in Arkansas Constitution, Article 5, § 30, shall be exempt from this subchapter.

Amended by Act 2017, No. 707,§ 46, eff. 8/1/2017.

Amended by Act 2015, No. 218,§ 16, eff. 2/26/2015.

Acts 1983, No. 781, § 6; A.S.A. 1947, § 13-379; Acts 2009, No. 605, § 17; 2009, No. 606, § 17.
Ark. Code Ann. § 19-5-1021 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1021
White River Navigation Fund
Status: in_force

(a) There is established in the State Treasury a fund to be known as the "White River Navigation Fund", into which shall be deposited and allocated such moneys as may be provided therefor by the General Assembly. (b) These moneys shall be used by the Arkansas Waterways Commission in making available the state funds that may be required by the United States Congress in connection with the White River Navigation Improvement Project, in the event the United States Congress shall authorize the project, and shall provide funds to the United States Army Corps of Engineers for the project, conditioned upon the State of Arkansas providing financial assistance in connection with defraying a portion of the cost of the project. Acts 1985, No. 219, § 2.

(a) There is established in the State Treasury a fund to be known as the "White River Navigation Fund", into which shall be deposited and allocated such moneys as may be provided therefor by the General Assembly.

(b) These moneys shall be used by the Arkansas Waterways Commission in making available the state funds that may be required by the United States Congress in connection with the White River Navigation Improvement Project, in the event the United States Congress shall authorize the project, and shall provide funds to the United States Army Corps of Engineers for the project, conditioned upon the State of Arkansas providing financial assistance in connection with defraying a portion of the cost of the project.

Acts 1985, No. 219, § 2.
Ark. Code Ann. § 19-5-1242 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1242
Fire Protection Licensing Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Fire Protection Licensing Fund". (b) The fund shall consist of: (1) All funds provided by law for the fund; and (2) Examination and renewal fees charged pursuant to § 20-22-610 . (c) The fund shall be used for the maintenance, operation, and improvement as required by the Arkansas Fire Protection Licensing Board in carrying out the powers, functions, and duties as set out in § 20-22-601 et seq. Acts 2010, No. 262, § 11; 2010, No. 296, § 11.

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

(b) The fund shall consist of: (1) All funds provided by law for the fund; and (2) Examination and renewal fees charged pursuant to § 20-22-610 .

(1) All funds provided by law for the fund; and

(2) Examination and renewal fees charged pursuant to § 20-22-610 .

(c) The fund shall be used for the maintenance, operation, and improvement as required by the Arkansas Fire Protection Licensing Board in carrying out the powers, functions, and duties as set out in § 20-22-601 et seq.

Acts 2010, No. 262, § 11; 2010, No. 296, § 11.
Ark. Code Ann. § 19-5-1023 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1023
Special account for youth services centers
Status: in_force

All funds received by the youth services centers from tie-in fees charged persons who connect with the water lines installed under the provisions of Acts 1961 (1st Ex. Sess.), No. 9, shall be deposited into the State Treasury to the credit of a special account to be used for future construction, repairs, and improvements at the youth services centers. Acts 1961 (1st Ex. Sess.), No. 9, § 3; A.S.A. 1947, § 46-385.

All funds received by the youth services centers from tie-in fees charged persons who connect with the water lines installed under the provisions of Acts 1961 (1st Ex. Sess.), No. 9, shall be deposited into the State Treasury to the credit of a special account to be used for future construction, repairs, and improvements at the youth services centers.

Acts 1961 (1st Ex. Sess.), No. 9, § 3; A.S.A. 1947, § 46-385.
Ark. Code Ann. § 19-6-839 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-839
Arkansas Wine Grants Fund
Status: in_force

(a) (1) There is established 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 Wine Grants Fund". (2) The Arkansas Wine Grants Fund shall consist of fees collected from grocery store wine permits under § 3-5-1802 and shall be administered by the Department of Finance and Administration. (b) Fifty percent (50%) of fees that are deposited into the Arkansas Wine Grants Fund under § 3-5-1802 shall be transferred to the Arkansas Agricultural Marketing Grants Fund to be used to make payments of grants under the grant program in § 3-5-901 et seq. (c) Fifty percent (50%) of fees that are deposited into the Arkansas Wine Grants Fund under § 3-5-1802 shall be transferred to the Tourism Development Trust Fund for the purpose of land acquisition, construction, lease, equipment acquisition, improvements, renovation, major maintenance, personal services, maintenance, operating and staffing a wine tourism facility and office space for the Arkansas Wine Producers Council within the tourism facility in Franklin County, Arkansas. (d) Any unused or undesignated fees at the end of the fiscal year shall be transferred to the Tourism Development Trust Fund. Amended by Act 2019, No. 1050,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 721,§ 28, eff. 7/1/2019. Added by Act 2017, No. 508,§ 10, eff. 10/1/2017.

(a) (1) There is established 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 Wine Grants Fund". (2) The Arkansas Wine Grants Fund shall consist of fees collected from grocery store wine permits under § 3-5-1802 and shall be administered by the Department of Finance and Administration.

(1) There is established 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 Wine Grants Fund".

(2) The Arkansas Wine Grants Fund shall consist of fees collected from grocery store wine permits under § 3-5-1802 and shall be administered by the Department of Finance and Administration.

(b) Fifty percent (50%) of fees that are deposited into the Arkansas Wine Grants Fund under § 3-5-1802 shall be transferred to the Arkansas Agricultural Marketing Grants Fund to be used to make payments of grants under the grant program in § 3-5-901 et seq.

(c) Fifty percent (50%) of fees that are deposited into the Arkansas Wine Grants Fund under § 3-5-1802 shall be transferred to the Tourism Development Trust Fund for the purpose of land acquisition, construction, lease, equipment acquisition, improvements, renovation, major maintenance, personal services, maintenance, operating and staffing a wine tourism facility and office space for the Arkansas Wine Producers Council within the tourism facility in Franklin County, Arkansas.

(d) Any unused or undesignated fees at the end of the fiscal year shall be transferred to the Tourism Development Trust Fund.

Amended by Act 2019, No. 1050,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 721,§ 28, eff. 7/1/2019.

Added by Act 2017, No. 508,§ 10, eff. 10/1/2017.
Ark. Code Ann. § 19-5-1149 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1149
National Statuary Hall Collection 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 trust fund to be known as the "National Statuary Hall Collection Trust Fund". (b) The fund shall consist of: (1) Gifts, grants, and donations from individuals and organizations to fund Arkansas's contribution to the National Statuary Hall Collection in the United States Capitol; and (2) Any other funds as may be provided by law, including appropriations made specifically to the fund. (c) The fund shall be used exclusively for the purpose of placement and replacement of Arkansas statues in the National Statuary Hall Collection in the United States Capitol as provided under § 1-4-134 . Added by Act 2019, No. 1068,§ 3, eff. 7/24/2019.

(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 "National Statuary Hall Collection Trust Fund".

(b) The fund shall consist of: (1) Gifts, grants, and donations from individuals and organizations to fund Arkansas's contribution to the National Statuary Hall Collection in the United States Capitol; and (2) Any other funds as may be provided by law, including appropriations made specifically to the fund.

(1) Gifts, grants, and donations from individuals and organizations to fund Arkansas's contribution to the National Statuary Hall Collection in the United States Capitol; and

(2) Any other funds as may be provided by law, including appropriations made specifically to the fund.

(c) The fund shall be used exclusively for the purpose of placement and replacement of Arkansas statues in the National Statuary Hall Collection in the United States Capitol as provided under § 1-4-134 .

Added by Act 2019, No. 1068,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 19-6-454 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-454
Firemen's and Police Officers' Pension and Relief Fund
Status: in_force

The Firemen's and Police Officers' Pension and Relief Fund shall consist of those special revenues as specified in § 19-6-301(27) , there to be used for distribution to the various qualified city, town, or fire protection district police officers' pension and relief funds and firemen's pension funds as set out in § 24-11-301 . Acts 2001, No. 229, § 10.

The Firemen's and Police Officers' Pension and Relief Fund shall consist of those special revenues as specified in § 19-6-301(27) , there to be used for distribution to the various qualified city, town, or fire protection district police officers' pension and relief funds and firemen's pension funds as set out in § 24-11-301 .

Acts 2001, No. 229, § 10.
Ark. Code Ann. § 19-11-271 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-271
Compliance reporting
Status: in_force

(a) Each report required under this subchapter shall be copied to the Secretary of the Department of Transformation and Shared Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq. (b) If the secretary determines that a state agency, agency procurement official, or state official or employee may be in violation of the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq., the secretary shall notify the chief executive officer of the relevant state agency. Amended by Act 2019, No. 910,§ 3473, eff. 7/1/2019. Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.

(a) Each report required under this subchapter shall be copied to the Secretary of the Department of Transformation and Shared Services, who shall review each report for compliance with the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq.

(b) If the secretary determines that a state agency, agency procurement official, or state official or employee may be in violation of the fiscal responsibility and management laws of the state under the State Fiscal Management Responsibility Act, § 19-1-601 et seq., the secretary shall notify the chief executive officer of the relevant state agency.

Amended by Act 2019, No. 910,§ 3473, eff. 7/1/2019.

Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Ark. Code Ann. § 19-6-459 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-459
Commercial Driver License Fund
Status: in_force

The Commercial Driver License Fund shall consist of those special revenues as specified in: (1) Section 19-6-301 (148), to be used to establish and maintain the Arkansas Commercial Driver License Program and for other related purposes as required by the Secretary of the Department of Finance and Administration in carrying out the functions, powers, and duties of the Revenue Division, as set out in the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.; (2) Section 19-6-301 (255), to be used for system enhancements to the Arkansas Motor Carrier System and for other related purposes as required by the secretary in carrying out the functions, powers, and duties of the division; and (3) Section 19-6-301 (266) and (267) and § 19-6-301 (269). Amended by Act 2023, No. 473,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 733,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 524,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3464, eff. 7/1/2019. Amended by Act 2017, No. 532,§ 3, eff. 3/20/2017. Acts 1991, No. 76, § 4.

The Commercial Driver License Fund shall consist of those special revenues as specified in:

(1) Section 19-6-301 (148), to be used to establish and maintain the Arkansas Commercial Driver License Program and for other related purposes as required by the Secretary of the Department of Finance and Administration in carrying out the functions, powers, and duties of the Revenue Division, as set out in the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.;

(2) Section 19-6-301 (255), to be used for system enhancements to the Arkansas Motor Carrier System and for other related purposes as required by the secretary in carrying out the functions, powers, and duties of the division; and

(3) Section 19-6-301 (266) and (267) and § 19-6-301 (269).

Amended by Act 2023, No. 473,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 733,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 524,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3464, eff. 7/1/2019.

Amended by Act 2017, No. 532,§ 3, eff. 3/20/2017.

Acts 1991, No. 76, § 4.
Ark. Code Ann. § 19-4-521 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-521
Personal services - Definition
Status: in_force

The personal services classification shall be for regular full-time, part-time, and extra-help employees, employer matching costs, employer special or extra compensation, overtime earnings, and other employee benefits that are legally authorized: (1) Regular Salaries. This subclassification shall be applicable to all salaries and compensation, except as provided in this section, for state employees when the number of employees and maximum amounts of compensation are statutorily authorized as provided by Arkansas Constitution, Article 16, § 4, irrespective of the financial resources compensating such employees within this subclassification and when the method of salary disbursing of the institutions of higher education involves payment from state agency bank funds of the institution, subject to reimbursement to the institution for such amounts as are properly payable from funds in the State Treasury. However, the state's financial management system may include in the subclassification of regular salaries the following: (A) Extra Salaries. This description includes all special remuneration received by state employees in addition to regular salary that is authorized by law. Any state agency which receives an appropriation for extra salaries may pay eligible employees at the following rates: (i) Physicians who are certified by the American specialty boards, at a rate of pay not to exceed four thousand five hundred dollars ($4,500) per fiscal year; (ii) Physicians who are eligible to be certified by the American specialty boards, at a rate of pay not to exceed two thousand five hundred dollars ($2,500) per fiscal year; and (iii) Physicians certified in child psychiatry or forensic psychiatry, an additional two thousand five hundred dollars ($2,500) per fiscal year will be allowed with the total additional compensation not to exceed seven thousand dollars ($7,000) per fiscal year; (B) Special Compensation. This description includes special remuneration when authorized by law for employee suggestion awards; and (C) The payment of extra salaries and special compensation when authorized by law shall be considered to be in addition to the maximum amounts of compensation set by law for regular salaries; (2) Extra Help. (A) This subclassification shall be used for payment of all salaries and compensation of part-time or temporary employees, as authorized by law, who are employed one thousand five hundred (1,500) hours per fiscal year or less. (B) This subclassification may be used to pay part-time or temporary employees who are employed for more than one thousand five hundred (1,500) hours per fiscal year if specific authorization is provided by law and if such use is within standards established by the Secretary of the Department of Finance and Administration. (C) In no case shall any extra-help funds be used for the purposes of paying additional compensation to a full-time state employee. (D) "State employee" means any employee occupying a regular salaried position for a state agency, board, commission, department, or institution of higher education; (3) Overtime. This subclassification is applicable for payment of services performed in excess of normal hours of work during a specific time when specifically authorized by law; and (4) Personal Services Matching. (A) This subclassification shall represent the state agency's proportion of the amounts necessary to contribute the state agency's share or to match the deductions from the salaries of state employees for: (i) Social Security; (ii) Retirement; (iii) Group employee insurance programs; (iv) Workers' compensation; (v) Unemployment compensation contributions; and (vi) A state contribution for state employee retirees who are eligible to participate in the health and life insurance programs offered by the state as defined by § 21-5-411 and as authorized by the Chief Fiscal Officer of the State. (B) The Chief Fiscal Officer of the State may make appropriate reclassifications of the state agency's appropriation for maintenance and general operation to effect the payment of personal services matching as described in this section. Amended by Act 2019, No. 910,§ 3453, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 2, eff. 7/1/2017. Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 1987, No. 646, § 1; 1999, No. 1280, § 11; 2001, No. 1453, § 10; 2005, No. 251, § 2.

The personal services classification shall be for regular full-time, part-time, and extra-help employees, employer matching costs, employer special or extra compensation, overtime earnings, and other employee benefits that are legally authorized:

(1) Regular Salaries. This subclassification shall be applicable to all salaries and compensation, except as provided in this section, for state employees when the number of employees and maximum amounts of compensation are statutorily authorized as provided by Arkansas Constitution, Article 16, § 4, irrespective of the financial resources compensating such employees within this subclassification and when the method of salary disbursing of the institutions of higher education involves payment from state agency bank funds of the institution, subject to reimbursement to the institution for such amounts as are properly payable from funds in the State Treasury. However, the state's financial management system may include in the subclassification of regular salaries the following: (A) Extra Salaries. This description includes all special remuneration received by state employees in addition to regular salary that is authorized by law. Any state agency which receives an appropriation for extra salaries may pay eligible employees at the following rates: (i) Physicians who are certified by the American specialty boards, at a rate of pay not to exceed four thousand five hundred dollars ($4,500) per fiscal year; (ii) Physicians who are eligible to be certified by the American specialty boards, at a rate of pay not to exceed two thousand five hundred dollars ($2,500) per fiscal year; and (iii) Physicians certified in child psychiatry or forensic psychiatry, an additional two thousand five hundred dollars ($2,500) per fiscal year will be allowed with the total additional compensation not to exceed seven thousand dollars ($7,000) per fiscal year; (B) Special Compensation. This description includes special remuneration when authorized by law for employee suggestion awards; and (C) The payment of extra salaries and special compensation when authorized by law shall be considered to be in addition to the maximum amounts of compensation set by law for regular salaries;

(A) Extra Salaries. This description includes all special remuneration received by state employees in addition to regular salary that is authorized by law. Any state agency which receives an appropriation for extra salaries may pay eligible employees at the following rates: (i) Physicians who are certified by the American specialty boards, at a rate of pay not to exceed four thousand five hundred dollars ($4,500) per fiscal year; (ii) Physicians who are eligible to be certified by the American specialty boards, at a rate of pay not to exceed two thousand five hundred dollars ($2,500) per fiscal year; and (iii) Physicians certified in child psychiatry or forensic psychiatry, an additional two thousand five hundred dollars ($2,500) per fiscal year will be allowed with the total additional compensation not to exceed seven thousand dollars ($7,000) per fiscal year;

(i) Physicians who are certified by the American specialty boards, at a rate of pay not to exceed four thousand five hundred dollars ($4,500) per fiscal year;

(ii) Physicians who are eligible to be certified by the American specialty boards, at a rate of pay not to exceed two thousand five hundred dollars ($2,500) per fiscal year; and

(iii) Physicians certified in child psychiatry or forensic psychiatry, an additional two thousand five hundred dollars ($2,500) per fiscal year will be allowed with the total additional compensation not to exceed seven thousand dollars ($7,000) per fiscal year;

(B) Special Compensation. This description includes special remuneration when authorized by law for employee suggestion awards; and

(C) The payment of extra salaries and special compensation when authorized by law shall be considered to be in addition to the maximum amounts of compensation set by law for regular salaries;

(2) Extra Help. (A) This subclassification shall be used for payment of all salaries and compensation of part-time or temporary employees, as authorized by law, who are employed one thousand five hundred (1,500) hours per fiscal year or less. (B) This subclassification may be used to pay part-time or temporary employees who are employed for more than one thousand five hundred (1,500) hours per fiscal year if specific authorization is provided by law and if such use is within standards established by the Secretary of the Department of Finance and Administration. (C) In no case shall any extra-help funds be used for the purposes of paying additional compensation to a full-time state employee. (D) "State employee" means any employee occupying a regular salaried position for a state agency, board, commission, department, or institution of higher education;

(A) This subclassification shall be used for payment of all salaries and compensation of part-time or temporary employees, as authorized by law, who are employed one thousand five hundred (1,500) hours per fiscal year or less.

(B) This subclassification may be used to pay part-time or temporary employees who are employed for more than one thousand five hundred (1,500) hours per fiscal year if specific authorization is provided by law and if such use is within standards established by the Secretary of the Department of Finance and Administration.

(C) In no case shall any extra-help funds be used for the purposes of paying additional compensation to a full-time state employee.

(D) "State employee" means any employee occupying a regular salaried position for a state agency, board, commission, department, or institution of higher education;

(3) Overtime. This subclassification is applicable for payment of services performed in excess of normal hours of work during a specific time when specifically authorized by law; and

(4) Personal Services Matching. (A) This subclassification shall represent the state agency's proportion of the amounts necessary to contribute the state agency's share or to match the deductions from the salaries of state employees for: (i) Social Security; (ii) Retirement; (iii) Group employee insurance programs; (iv) Workers' compensation; (v) Unemployment compensation contributions; and (vi) A state contribution for state employee retirees who are eligible to participate in the health and life insurance programs offered by the state as defined by § 21-5-411 and as authorized by the Chief Fiscal Officer of the State. (B) The Chief Fiscal Officer of the State may make appropriate reclassifications of the state agency's appropriation for maintenance and general operation to effect the payment of personal services matching as described in this section.

(A) This subclassification shall represent the state agency's proportion of the amounts necessary to contribute the state agency's share or to match the deductions from the salaries of state employees for: (i) Social Security; (ii) Retirement; (iii) Group employee insurance programs; (iv) Workers' compensation; (v) Unemployment compensation contributions; and (vi) A state contribution for state employee retirees who are eligible to participate in the health and life insurance programs offered by the state as defined by § 21-5-411 and as authorized by the Chief Fiscal Officer of the State.

(i) Social Security;

(ii) Retirement;

(iii) Group employee insurance programs;

(iv) Workers' compensation;

(v) Unemployment compensation contributions; and

(vi) A state contribution for state employee retirees who are eligible to participate in the health and life insurance programs offered by the state as defined by § 21-5-411 and as authorized by the Chief Fiscal Officer of the State.

(B) The Chief Fiscal Officer of the State may make appropriate reclassifications of the state agency's appropriation for maintenance and general operation to effect the payment of personal services matching as described in this section.

Amended by Act 2019, No. 910,§ 3453, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 2, eff. 7/1/2017.

Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 1987, No. 646, § 1; 1999, No. 1280, § 11; 2001, No. 1453, § 10; 2005, No. 251, § 2.
Ark. Code Ann. § 19-5-1129 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1129
Organ Donor Awareness Education Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Organ Donor Awareness Education Trust Fund". (b) The fund shall consist of: (1) All moneys donated or collected for the purpose of educating or informing the public of the need for organ donations; (2) All interest earned from the investment of fund balances; (3) Any remaining fund balances carried forward from year to year; and (4) Any gifts, grants, bequests, devises, and donations. (c) The fund shall be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness as set out in § 20-17-502 . Acts 2005, No. 2282, § 8; 2005, No. 2316, § 8.

(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 "Organ Donor Awareness Education Trust Fund".

(b) The fund shall consist of: (1) All moneys donated or collected for the purpose of educating or informing the public of the need for organ donations; (2) All interest earned from the investment of fund balances; (3) Any remaining fund balances carried forward from year to year; and (4) Any gifts, grants, bequests, devises, and donations.

(1) All moneys donated or collected for the purpose of educating or informing the public of the need for organ donations;

(2) All interest earned from the investment of fund balances;

(3) Any remaining fund balances carried forward from year to year; and

(4) Any gifts, grants, bequests, devises, and donations.

(c) The fund shall be used for educational or informational materials and other related costs associated with informing or educating the public about organ donations and organ donation awareness as set out in § 20-17-502 .

Acts 2005, No. 2282, § 8; 2005, No. 2316, § 8.
Ark. Code Ann. § 19-7-602 — AR Code / Title 19 / Chapter 7 / Subchapter 6 / Section 19-7-602
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Executive Order 12372, Intergovernmental Review of Federal Programs" means an instrument signed and placed into effect by the President of the United States on July 14, 1982; (2) "Federal funding assistance" means financial aid available from the various federal government agencies to units of state and local governments, as well as to private for-profit and private nonprofit organizations; (3) "Indirect cost reimbursements" means the reimbursement by a federal agency to agencies of state government for the costs incurred which are necessary for the efficient conduct of a federal grant or contract, as stated in United States Office of Management and Budget Circular A-87, "A Guide for State and Local Government Agencies - Cost Principles and Procedures for Establishing Cost Allocations Plans and Indirect Cost Rates for Grants and Contracts with the Federal Government"; (4) "Office of Intergovernmental Services" means an organizational unit within the Department of Finance and Administration; (5) "Revenue sharing" means payments to units of local government as authorized by the State and Local Fiscal Assistance Act of 1972, as amended; (6) "Review and comment" means the process by which any unit of government, organization, or individual may request to review and provide comments upon any application for federal funding assistance, as limited by other sections of this subchapter; and (7) "State clearinghouse" means that section of the Office of Intergovernmental Services which is designated as the governmental unit responsible for coordinating the review of applications for federal funding assistance, pursuant to Executive Order 12372 and other provisions of this subchapter. Acts 1983, No. 498, § 2; A.S.A. 1947, § 13-759.

As used in this subchapter, unless the context otherwise requires:

(1) "Executive Order 12372, Intergovernmental Review of Federal Programs" means an instrument signed and placed into effect by the President of the United States on July 14, 1982;

(2) "Federal funding assistance" means financial aid available from the various federal government agencies to units of state and local governments, as well as to private for-profit and private nonprofit organizations;

(3) "Indirect cost reimbursements" means the reimbursement by a federal agency to agencies of state government for the costs incurred which are necessary for the efficient conduct of a federal grant or contract, as stated in United States Office of Management and Budget Circular A-87, "A Guide for State and Local Government Agencies - Cost Principles and Procedures for Establishing Cost Allocations Plans and Indirect Cost Rates for Grants and Contracts with the Federal Government";

(4) "Office of Intergovernmental Services" means an organizational unit within the Department of Finance and Administration;

(5) "Revenue sharing" means payments to units of local government as authorized by the State and Local Fiscal Assistance Act of 1972, as amended;

(6) "Review and comment" means the process by which any unit of government, organization, or individual may request to review and provide comments upon any application for federal funding assistance, as limited by other sections of this subchapter; and

(7) "State clearinghouse" means that section of the Office of Intergovernmental Services which is designated as the governmental unit responsible for coordinating the review of applications for federal funding assistance, pursuant to Executive Order 12372 and other provisions of this subchapter.

Acts 1983, No. 498, § 2; A.S.A. 1947, § 13-759.
Ark. Code Ann. § 19-9-414 — AR Code / Title 19 / Chapter 9 / Subchapter 4 / Section 19-9-414
Exemption of interest from taxation
Status: in_force

The state covenants with the owners of any registered public obligations that it will not amend or repeal this subchapter if the effect may be to impair the exemption from income taxation of interest on registered public obligations. Acts 1983, No. 786, § 14; A.S.A. 1947, § 13-2814.

The state covenants with the owners of any registered public obligations that it will not amend or repeal this subchapter if the effect may be to impair the exemption from income taxation of interest on registered public obligations.

Acts 1983, No. 786, § 14; A.S.A. 1947, § 13-2814.
Ark. Code Ann. § 19-4-407 — AR Code / Title 19 / Chapter 4 / Subchapter 4 / Section 19-4-407
Electronic warrants transfer system
Status: in_force

(a) The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State may establish an electronic warrants transfer system directly into payee's accounts in financial institutions in payment of any account allowed against the state. (b) The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State, by joint rules, shall establish the standards and procedures for administering the system, to include that the electronic warrants transfer shall be in such form that a single instrument shall serve as electronic warrants transfer. (c) A single electronic warrants transfer may contain payments to multiple payees, appropriations, characters, and funds. Acts 1991, No. 421, §§ 1-3.

(a) The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State may establish an electronic warrants transfer system directly into payee's accounts in financial institutions in payment of any account allowed against the state.

(b) The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State, by joint rules, shall establish the standards and procedures for administering the system, to include that the electronic warrants transfer shall be in such form that a single instrument shall serve as electronic warrants transfer.

(c) A single electronic warrants transfer may contain payments to multiple payees, appropriations, characters, and funds.

Acts 1991, No. 421, §§ 1-3.
Ark. Code Ann. § 19-3-517 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-517
Effect of proper deposits
Status: in_force

The deposit of State Treasury funds in accordance with §§ 19-3-507 - 19-3-516 relieves the Treasurer of State and the surety on the Treasurer of State's bond of liability for the loss of the funds by reason of the default or insolvency of a bank depository. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

The deposit of State Treasury funds in accordance with §§ 19-3-507 - 19-3-516 relieves the Treasurer of State and the surety on the Treasurer of State's bond of liability for the loss of the funds by reason of the default or insolvency of a bank depository.

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

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-2-502 — AR Code / Title 19 / Chapter 2 / Subchapter 5 / Section 19-2-502
Definition
Status: in_force

As used in this subchapter, "public entity" means state agencies, including all constitutional offices and agencies, boards, and commissions, state institutions of higher education, municipalities, counties, school districts, education service cooperatives, improvement districts, and other public officials or public offices. Public entities shall maintain records of all transactions with financial institutions. Acts 1999, No. 648, § 2; 2007, No. 617, § 39.

As used in this subchapter, "public entity" means state agencies, including all constitutional offices and agencies, boards, and commissions, state institutions of higher education, municipalities, counties, school districts, education service cooperatives, improvement districts, and other public officials or public offices. Public entities shall maintain records of all transactions with financial institutions.

Acts 1999, No. 648, § 2; 2007, No. 617, § 39.
Ark. Code Ann. § 19-11-1402 — AR Code / Title 19 / Chapter 11 / Subchapter 14 / Section 19-11-1402
Legislative findings
Status: in_force

The General Assembly finds that: (1) An efficient transportation system is critical for Arkansas's economy and the quality of life of the state's residents; (2) Transportation projects are costly and the revenues currently available for highways and local roads are inadequate to preserve and maintain existing infrastructure and to provide funds for highway improvements; (3) The State Highway Commission has developed an alternative, cost-effective, procurement procedure for transportation projects performed by the commission and the Arkansas Department of Transportation; (4) A construction manager-general contractor method allows the commission to engage a construction manager: (A) To assist during the design and development process of the transportation project, including without limitation to provide input concerning the transportation project's: (i) Design; (ii) Scheduling; (iii) Pricing; and (iv) Phasing; and (B) Who may subsequently become the general contractor and construct the transportation project if the parties agree on a guaranteed maximum price; and (5) The cost-effective benefits are achieved by shifting the liability and risk for cost containment and transportation project scheduling to the construction manager, which leads many states to call this method the "construction manager at-risk method". Amended by Act 2019, No. 1019,§ 1, eff. 7/24/2019. Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.

The General Assembly finds that:

(1) An efficient transportation system is critical for Arkansas's economy and the quality of life of the state's residents;

(2) Transportation projects are costly and the revenues currently available for highways and local roads are inadequate to preserve and maintain existing infrastructure and to provide funds for highway improvements;

(3) The State Highway Commission has developed an alternative, cost-effective, procurement procedure for transportation projects performed by the commission and the Arkansas Department of Transportation;

(4) A construction manager-general contractor method allows the commission to engage a construction manager: (A) To assist during the design and development process of the transportation project, including without limitation to provide input concerning the transportation project's: (i) Design; (ii) Scheduling; (iii) Pricing; and (iv) Phasing; and (B) Who may subsequently become the general contractor and construct the transportation project if the parties agree on a guaranteed maximum price; and

(A) To assist during the design and development process of the transportation project, including without limitation to provide input concerning the transportation project's: (i) Design; (ii) Scheduling; (iii) Pricing; and (iv) Phasing; and

(i) Design;

(ii) Scheduling;

(iii) Pricing; and

(iv) Phasing; and

(B) Who may subsequently become the general contractor and construct the transportation project if the parties agree on a guaranteed maximum price; and

(5) The cost-effective benefits are achieved by shifting the liability and risk for cost containment and transportation project scheduling to the construction manager, which leads many states to call this method the "construction manager at-risk method".

Amended by Act 2019, No. 1019,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 19-5-1082 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1082
Court Reporter's Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Court Reporter's Fund". (b) (1) The Court Reporter's Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund. (2) The Court Reporter's Fund shall be used for paying such salaries, transcript fees, and expenses of court reporters as may be provided by law to be paid from state funds, as set out in § 16-13-508 [repealed]. Acts 1997, No. 1248, § 25; 1999, No. 1463, § 26.

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

(b) (1) The Court Reporter's Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund. (2) The Court Reporter's Fund shall be used for paying such salaries, transcript fees, and expenses of court reporters as may be provided by law to be paid from state funds, as set out in § 16-13-508 [repealed].

(1) The Court Reporter's Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund.

(2) The Court Reporter's Fund shall be used for paying such salaries, transcript fees, and expenses of court reporters as may be provided by law to be paid from state funds, as set out in § 16-13-508 [repealed].

Acts 1997, No. 1248, § 25; 1999, No. 1463, § 26.
Ark. Code Ann. § 19-11-263 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-263
Special procurements
Status: in_force

(a) Notwithstanding any other provision of this subchapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above the competitive bid amount specified in § 19-11-234 , when the officer determines that an unusual or unique situation exists that makes the application of all requirements of competitive bidding, competitive sealed bidding, or competitive sealed proposals contrary to the public interest. (b) A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the director or the head of a procurement agency in the contract file, and he or she shall file a monthly report with the Legislative Council describing all such determinations. Acts 2001, No. 1237, § 48.

(a) Notwithstanding any other provision of this subchapter, the State Procurement Director or the head of a procurement agency may initiate a procurement above the competitive bid amount specified in § 19-11-234 , when the officer determines that an unusual or unique situation exists that makes the application of all requirements of competitive bidding, competitive sealed bidding, or competitive sealed proposals contrary to the public interest.

(b) A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the director or the head of a procurement agency in the contract file, and he or she shall file a monthly report with the Legislative Council describing all such determinations.

Acts 2001, No. 1237, § 48.
Ark. Code Ann. § 19-5-1034 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1034
Juvenile Detention Facilities Operating 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 "Juvenile Detention Facilities Operating Fund". (b) The Juvenile Detention Facilities Operating Fund shall consist of moneys transferred from the Youth Services Fund Account of the Department of Human Services Fund. Acts 1989 (3rd Ex. Sess.), No. 77, § 2; 2001, No. 1531, § 13.

(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 "Juvenile Detention Facilities Operating Fund".

(b) The Juvenile Detention Facilities Operating Fund shall consist of moneys transferred from the Youth Services Fund Account of the Department of Human Services Fund.

Acts 1989 (3rd Ex. Sess.), No. 77, § 2; 2001, No. 1531, § 13.
Ark. Code Ann. § 19-5-1059 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1059
Technology Equipment Revolving Loan Fund
Status: in_force

(a) There is established a cash fund, as defined by § 19-4-801 , to be known as the "Technology Equipment Revolving Loan Fund". (b) The funds for the Technology Equipment Revolving Loan Fund shall consist of all moneys appropriated for the purpose of the fund, all moneys transferred to the fund pursuant to law, all moneys required by the provisions of this section or any other law to be paid into or credited to the fund, all moneys, including interest, paid by borrowers to the fund in repayment of loans made from the fund, and all moneys given to the fund by interested individuals or entities, and the Technology Equipment Revolving Loan Fund Committee shall be authorized to accept the moneys on behalf of the fund from any source, including federal and state grants. (c) The purpose of the fund shall be to provide qualified individuals with disabilities and their family members with the financial opportunity to purchase or modify equipment, facilities, and related services used by one (1) or more persons with a disability to enhance independence, productivity, and full participation in the community. Expenditures from the fund may include, but are not limited to, communication devices, prostheses, wheelchairs, wheelchair car-lifts, ramps and roll-in showers, and telecommunication devices for persons who are Deaf, deaf, or Hard of Hearing, and devices which allow persons who are blind or visually impaired to discern printed materials. (d) Unexpended moneys contained in the fund at the end of the fiscal year shall be carried forward from year to year. Amended by Act 2021, No. 84,§ 11, eff. 7/28/2021. Acts 1993, No. 384, §§ 1-3, 5; 1997, No. 815, § 11.

(a) There is established a cash fund, as defined by § 19-4-801 , to be known as the "Technology Equipment Revolving Loan Fund".

(b) The funds for the Technology Equipment Revolving Loan Fund shall consist of all moneys appropriated for the purpose of the fund, all moneys transferred to the fund pursuant to law, all moneys required by the provisions of this section or any other law to be paid into or credited to the fund, all moneys, including interest, paid by borrowers to the fund in repayment of loans made from the fund, and all moneys given to the fund by interested individuals or entities, and the Technology Equipment Revolving Loan Fund Committee shall be authorized to accept the moneys on behalf of the fund from any source, including federal and state grants.

(c) The purpose of the fund shall be to provide qualified individuals with disabilities and their family members with the financial opportunity to purchase or modify equipment, facilities, and related services used by one (1) or more persons with a disability to enhance independence, productivity, and full participation in the community. Expenditures from the fund may include, but are not limited to, communication devices, prostheses, wheelchairs, wheelchair car-lifts, ramps and roll-in showers, and telecommunication devices for persons who are Deaf, deaf, or Hard of Hearing, and devices which allow persons who are blind or visually impaired to discern printed materials.

(d) Unexpended moneys contained in the fund at the end of the fiscal year shall be carried forward from year to year.

Amended by Act 2021, No. 84,§ 11, eff. 7/28/2021.

Acts 1993, No. 384, §§ 1-3, 5; 1997, No. 815, § 11.
Ark. Code Ann. § 19-9-707 — AR Code / Title 19 / Chapter 9 / Subchapter 7 / Section 19-9-707
Ordinance, resolution, indenture, etc
Status: in_force

The ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of taxable bonds may provide for any of the following: (1) The bonds shall be in such denominations, in such form, either bearer or registered, and payable at such place or places, either within or without the United States, at such time or times, as, in each case, the governmental unit shall determine, subject to any limitations on the maturity of bonds set forth in the law under authority of which the bonds are issued; (2) The bonds shall be payable in legal tender of the United States, in a foreign currency, in commodities, or in precious metals, as the governmental unit shall determine; (3) The governmental unit may appoint, in connection with the bond issue, a cotrustee located outside of the boundaries of the United States or its territories or possessions so long as it also shall appoint a trustee otherwise meeting the requirements of the statutes under authority of which the bonds are issued. The governmental unit may appoint, in connection with the bond issue, a paying agent or a copaying agent located outside the boundaries of the United States or its territories or possessions; (4) In connection with, or incidental to, the sale and issuance of bonds, the governmental unit may enter into any contracts which it determines to be necessary or appropriate to achieve a desirable effective interest rate in connection with the bonds by means of, but not limited to, contracts commonly known as investment contracts, funding agreements, interest rate swap agreements, currency swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of or changes in interest rates, or contracts to exchange cash flows or a series of payments, or contracts, including, without limitation, options, puts or calls, whether or not used to hedge payment, rate, spread, or similar exposure. Such contracts or arrangements may also be entered into by governmental units in connection with, or incidental to, entering into any agreement which secures bonds or provides liquidity therefor. Such contracts and arrangements shall be made upon the terms and conditions established by the governmental unit, after giving due consideration for the credit worthiness of the counterparties, where applicable, including any rating by a nationally recognized rating service or any other criteria as may be appropriate; (5) In connection with, or incidental to, the sale and issuance of the bonds, or entering into any of the contracts or arrangements referred to in subdivision (4) of this section, the governmental unit may enter into such credit enhancement or liquidity agreements, with such payment, interest rate, security, default, remedy, and other terms and conditions as the governmental unit shall determine; and (6) Notwithstanding any provisions of state law relating to the investment or reinvestment of surplus funds of any governmental unit, proceeds of the bonds and any moneys set aside or pledged to secure payment of the principal of, premium, if any, and interest on the bonds, or any of the contracts entered into pursuant to subdivision (4) of this section, may be invested in securities or obligations described in the ordinance or resolution providing for the issuance of the bonds. Acts 1989, No. 632, § 4.

The ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of taxable bonds may provide for any of the following:

(1) The bonds shall be in such denominations, in such form, either bearer or registered, and payable at such place or places, either within or without the United States, at such time or times, as, in each case, the governmental unit shall determine, subject to any limitations on the maturity of bonds set forth in the law under authority of which the bonds are issued;

(2) The bonds shall be payable in legal tender of the United States, in a foreign currency, in commodities, or in precious metals, as the governmental unit shall determine;

(3) The governmental unit may appoint, in connection with the bond issue, a cotrustee located outside of the boundaries of the United States or its territories or possessions so long as it also shall appoint a trustee otherwise meeting the requirements of the statutes under authority of which the bonds are issued. The governmental unit may appoint, in connection with the bond issue, a paying agent or a copaying agent located outside the boundaries of the United States or its territories or possessions;

(4) In connection with, or incidental to, the sale and issuance of bonds, the governmental unit may enter into any contracts which it determines to be necessary or appropriate to achieve a desirable effective interest rate in connection with the bonds by means of, but not limited to, contracts commonly known as investment contracts, funding agreements, interest rate swap agreements, currency swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of or changes in interest rates, or contracts to exchange cash flows or a series of payments, or contracts, including, without limitation, options, puts or calls, whether or not used to hedge payment, rate, spread, or similar exposure. Such contracts or arrangements may also be entered into by governmental units in connection with, or incidental to, entering into any agreement which secures bonds or provides liquidity therefor. Such contracts and arrangements shall be made upon the terms and conditions established by the governmental unit, after giving due consideration for the credit worthiness of the counterparties, where applicable, including any rating by a nationally recognized rating service or any other criteria as may be appropriate;

(5) In connection with, or incidental to, the sale and issuance of the bonds, or entering into any of the contracts or arrangements referred to in subdivision (4) of this section, the governmental unit may enter into such credit enhancement or liquidity agreements, with such payment, interest rate, security, default, remedy, and other terms and conditions as the governmental unit shall determine; and

(6) Notwithstanding any provisions of state law relating to the investment or reinvestment of surplus funds of any governmental unit, proceeds of the bonds and any moneys set aside or pledged to secure payment of the principal of, premium, if any, and interest on the bonds, or any of the contracts entered into pursuant to subdivision (4) of this section, may be invested in securities or obligations described in the ordinance or resolution providing for the issuance of the bonds.

Acts 1989, No. 632, § 4.
Ark. Code Ann. § 19-1-703 — AR Code / Title 19 / Chapter 1 / Subchapter 7 / Section 19-1-703
Fiscal impact statements required for bills
Status: in_force

(a) Any bill filed in the House of Representatives or Senate that will impose a new or increased cost obligation for education on the state or any local school district shall have a fiscal impact statement attached to it, prepared by the author of the bill and filed with the chair of the committee to which the bill is referred: (1) At least seven (7) days before the bill may be called up for final action in the committee during a regular session of the General Assembly; (2) At least seven (7) days before the bill may be called up for final action in the committee during a fiscal session; and (3) At least one (1) day before the bill may be called up for final action in the committee during a special session. (b) If the author of any House or Senate bill affected by this section shall fail to comply with subsection (a) of this section, any member of the House of Representatives or Senate committee to which the bill is referred may object and thereby prevent its being called up for final action in the committee until a fiscal impact statement is made available. An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection. (c) (1) (A) If any such House or Senate bill is called up for final passage in the House of Representatives or Senate and a fiscal impact statement has not been provided by the author of the bill, or by the committee to which the bill was referred, any member of the House of Representatives or Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the House of Representatives or Senate at least one (1) day prior to the bill's being called up for final passage. (B) An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection. (2) If an objection is made without override, the presiding officer of the House of Representatives or Senate shall cause the bill to be referred to the Office of Economic and Tax Policy of the Bureau of Legislative Research for the preparation of a fiscal impact statement, which shall be filed with the presiding officer not later than five (5) days from the date of the request. (d) Failure of the author of a bill to provide the fiscal impact statement required in this section shall not prohibit consideration of the bill in the committee to which it is referred or on the floor of the house in which the bill is called up for final passage, if no objection to it is made at the time such action is taken. Acts 1995, No. 1253, § 3; 2009, No. 962, § 37.

(a) Any bill filed in the House of Representatives or Senate that will impose a new or increased cost obligation for education on the state or any local school district shall have a fiscal impact statement attached to it, prepared by the author of the bill and filed with the chair of the committee to which the bill is referred: (1) At least seven (7) days before the bill may be called up for final action in the committee during a regular session of the General Assembly; (2) At least seven (7) days before the bill may be called up for final action in the committee during a fiscal session; and (3) At least one (1) day before the bill may be called up for final action in the committee during a special session.

(1) At least seven (7) days before the bill may be called up for final action in the committee during a regular session of the General Assembly;

(2) At least seven (7) days before the bill may be called up for final action in the committee during a fiscal session; and

(3) At least one (1) day before the bill may be called up for final action in the committee during a special session.

(b) If the author of any House or Senate bill affected by this section shall fail to comply with subsection (a) of this section, any member of the House of Representatives or Senate committee to which the bill is referred may object and thereby prevent its being called up for final action in the committee until a fiscal impact statement is made available. An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection.

(c) (1) (A) If any such House or Senate bill is called up for final passage in the House of Representatives or Senate and a fiscal impact statement has not been provided by the author of the bill, or by the committee to which the bill was referred, any member of the House of Representatives or Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the House of Representatives or Senate at least one (1) day prior to the bill's being called up for final passage. (B) An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection. (2) If an objection is made without override, the presiding officer of the House of Representatives or Senate shall cause the bill to be referred to the Office of Economic and Tax Policy of the Bureau of Legislative Research for the preparation of a fiscal impact statement, which shall be filed with the presiding officer not later than five (5) days from the date of the request.

(1) (A) If any such House or Senate bill is called up for final passage in the House of Representatives or Senate and a fiscal impact statement has not been provided by the author of the bill, or by the committee to which the bill was referred, any member of the House of Representatives or Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the House of Representatives or Senate at least one (1) day prior to the bill's being called up for final passage. (B) An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection.

(A) If any such House or Senate bill is called up for final passage in the House of Representatives or Senate and a fiscal impact statement has not been provided by the author of the bill, or by the committee to which the bill was referred, any member of the House of Representatives or Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the House of Representatives or Senate at least one (1) day prior to the bill's being called up for final passage.

(B) An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override such objection.

(2) If an objection is made without override, the presiding officer of the House of Representatives or Senate shall cause the bill to be referred to the Office of Economic and Tax Policy of the Bureau of Legislative Research for the preparation of a fiscal impact statement, which shall be filed with the presiding officer not later than five (5) days from the date of the request.

(d) Failure of the author of a bill to provide the fiscal impact statement required in this section shall not prohibit consideration of the bill in the committee to which it is referred or on the floor of the house in which the bill is called up for final passage, if no objection to it is made at the time such action is taken.

Acts 1995, No. 1253, § 3; 2009, No. 962, § 37.
Ark. Code Ann. § 19-5-965 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-965
Water Resources Development 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 "Water Resources Development 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 Water Resources Development Act of 1981, § 15-22-601 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 Water Resources Development Act of 1981, § 15-22-601 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 "Water Resources Development 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 Water Resources Development Act of 1981, § 15-22-601 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 Water Resources Development Act of 1981, § 15-22-601 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. § 19-2-203 — AR Code / Title 19 / Chapter 2 / Subchapter 2 / Section 19-2-203
Receipts by Department of Finance and Administration - Additional penalty
Status: in_force

(a) If any person, firm, corporation, partnership, or business makes payment to the Department of Finance and Administration for any license or fees imposed by the laws of this state by means of a check, draft, or order drawn on any bank, person, firm, or corporation, and the check, draft, or order is returned by the bank, person, firm, or corporation without having been paid in full, then the Secretary of the Department of Finance and Administration is authorized and empowered to impose a penalty. The penalty shall be in the amount of either ten percent (10%) of the face amount of the check, draft, or order or twenty dollars ($20.00), whichever is greater, against the maker or drawer of the check, draft, or order. (b) This penalty is cumulative to any other penalties provided by law. Amended by Act 2019, No. 910,§ 3445, eff. 7/1/2019. Acts 1981, No. 853, § 1; A.S.A. 1947, § 13-607.1; Acts 1997, No. 702, § 2.

(a) If any person, firm, corporation, partnership, or business makes payment to the Department of Finance and Administration for any license or fees imposed by the laws of this state by means of a check, draft, or order drawn on any bank, person, firm, or corporation, and the check, draft, or order is returned by the bank, person, firm, or corporation without having been paid in full, then the Secretary of the Department of Finance and Administration is authorized and empowered to impose a penalty. The penalty shall be in the amount of either ten percent (10%) of the face amount of the check, draft, or order or twenty dollars ($20.00), whichever is greater, against the maker or drawer of the check, draft, or order.

(b) This penalty is cumulative to any other penalties provided by law.

Amended by Act 2019, No. 910,§ 3445, eff. 7/1/2019.

Acts 1981, No. 853, § 1; A.S.A. 1947, § 13-607.1; Acts 1997, No. 702, § 2.
Ark. Code Ann. § 19-6-467 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-467
Work Force 2000 Development Fund
Status: in_force

The Work Force 2000 Development Fund shall consist of those special revenues as specified in § 19-6-301 (163) and all other revenues as may be authorized by law, there to be used exclusively for the authorized educational activities of those entities as set out in § 26-51-205(d)(1)(A) and (B) and as distributed under § 26-51-205(d)(2) . Acts 1991, No. 1052, § 2; 1993, No. 1072, § 10; 1999, No. 1315, § 4.

The Work Force 2000 Development Fund shall consist of those special revenues as specified in § 19-6-301 (163) and all other revenues as may be authorized by law, there to be used exclusively for the authorized educational activities of those entities as set out in § 26-51-205(d)(1)(A) and (B) and as distributed under § 26-51-205(d)(2) .

Acts 1991, No. 1052, § 2; 1993, No. 1072, § 10; 1999, No. 1315, § 4.
Ark. Code Ann. § 19-5-1253 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1253
Arkansas Port, Intermodal, and Waterway Development Grant Program Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Arkansas Port, Intermodal, and Waterway Development Grant Program Fund". (b) The fund shall consist of: (1) The funds specified under § 26-26-1616(d) ; (2) Grants made by any person or federal government agency; and (3) Any other funds authorized by law. (c) The fund shall be used by the Arkansas Waterways Commission to provide grants to port authorities and intermodal authorities under the Arkansas Port, Intermodal, and Waterway Development Grant Program established under § 15-23-205 . (d) Any unexpended balance in the fund at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purpose stated in this section. Added by Act 2013, No. 1427,§ 1, eff. 8/16/2013.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Arkansas Port, Intermodal, and Waterway Development Grant Program Fund".

(b) The fund shall consist of: (1) The funds specified under § 26-26-1616(d) ; (2) Grants made by any person or federal government agency; and (3) Any other funds authorized by law.

(1) The funds specified under § 26-26-1616(d) ;

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

(3) Any other funds authorized by law.

(c) The fund shall be used by the Arkansas Waterways Commission to provide grants to port authorities and intermodal authorities under the Arkansas Port, Intermodal, and Waterway Development Grant Program established under § 15-23-205 .

(d) Any unexpended balance in the fund at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purpose stated in this section.

Added by Act 2013, No. 1427,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 19-11-1007 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1007
Certification by agency head
Status: in_force

The head of every state agency shall certify by his or her signature on each contract entered into by that state agency that: (1) All information required by law and by rule is supplied; (2) The proper contracting form is utilized; (3) All information contained in the contract is true and correct to the best of his or her knowledge and belief; (4) All general guidelines prescribed by the State Procurement Director have been complied with; (5) The services proposed to be provided under the contract are necessary for operation of the state agency in fulfilling its legal responsibilities and cannot be provided by any existing state agency; (6) The contractor is fully qualified to perform the contract and has no vested interest in the subject matter of the contract that would constitute a conflict of interest and a bar to the contractor's providing services of a professional and disinterested quality; (7) The contract terms are reasonable and the benefits to be derived are sufficient to warrant the expenditure of the funds called for in the contract; (8) Sufficient funds are available to pay the obligations when they become due; and (9) A projected total cost of the contract is provided to include expenditures that may be incurred under all available periods of extension if the extensions were executed. Amended by Act 2019, No. 315,§ 1795, eff. 7/24/2019. Acts 2003, No. 1315, § 13; 2005, No. 1680, § 15.

The head of every state agency shall certify by his or her signature on each contract entered into by that state agency that:

(1) All information required by law and by rule is supplied;

(2) The proper contracting form is utilized;

(3) All information contained in the contract is true and correct to the best of his or her knowledge and belief;

(4) All general guidelines prescribed by the State Procurement Director have been complied with;

(5) The services proposed to be provided under the contract are necessary for operation of the state agency in fulfilling its legal responsibilities and cannot be provided by any existing state agency;

(6) The contractor is fully qualified to perform the contract and has no vested interest in the subject matter of the contract that would constitute a conflict of interest and a bar to the contractor's providing services of a professional and disinterested quality;

(7) The contract terms are reasonable and the benefits to be derived are sufficient to warrant the expenditure of the funds called for in the contract;

(8) Sufficient funds are available to pay the obligations when they become due; and

(9) A projected total cost of the contract is provided to include expenditures that may be incurred under all available periods of extension if the extensions were executed.

Amended by Act 2019, No. 315,§ 1795, eff. 7/24/2019.

Acts 2003, No. 1315, § 13; 2005, No. 1680, § 15.
Ark. Code Ann. § 19-11-224 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-224
Interest and carrying charges
Status: in_force

State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest and late charges, but only when such late charges are incurred sixty (60) days after payment is due or carrying charges under such rules as may be promulgated by the State Procurement Director. Amended by Act 2019, No. 315,§ 1765, eff. 7/24/2019. Acts 1979, No. 482, § 22; A.S.A. 1947, § 14-250; Acts 1997, No. 1066, § 2; 2001, No. 1237, § 17.

State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest and late charges, but only when such late charges are incurred sixty (60) days after payment is due or carrying charges under such rules as may be promulgated by the State Procurement Director.

Amended by Act 2019, No. 315,§ 1765, eff. 7/24/2019.

Acts 1979, No. 482, § 22; A.S.A. 1947, § 14-250; Acts 1997, No. 1066, § 2; 2001, No. 1237, § 17.
Ark. Code Ann. § 19-11-1015 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1015
Cancellation of contract on entry of final business closure order - Definition
Status: in_force

(a) As used in this subchapter, "final business closure order" means a business closure order for which a contractor has either: (1) Waived further administrative review under § 26-18-1001 et seq.; or (2) Exhausted all remedies to appeal under § 26-18-1001 et seq. (b) The Revenue Division of the Department of Finance and Administration shall provide to the Office of State Procurement all final business closure orders entered into against a contractor. (c) Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable: (1) Notify each state agency with which the contractor has a contract that the: (A) Contractor is subject to a final business closure order; and (B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and (2) Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section. (d) Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that: (1) Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and (2) The contractor may be awarded or maintain a contract with a state agency. Added by Act 2019, No. 866,§ 2, eff. 1/1/2020.

(a) As used in this subchapter, "final business closure order" means a business closure order for which a contractor has either: (1) Waived further administrative review under § 26-18-1001 et seq.; or (2) Exhausted all remedies to appeal under § 26-18-1001 et seq.

(1) Waived further administrative review under § 26-18-1001 et seq.; or

(2) Exhausted all remedies to appeal under § 26-18-1001 et seq.

(b) The Revenue Division of the Department of Finance and Administration shall provide to the Office of State Procurement all final business closure orders entered into against a contractor.

(c) Upon receipt of a final business closure order, the office shall, as soon as reasonably practicable: (1) Notify each state agency with which the contractor has a contract that the: (A) Contractor is subject to a final business closure order; and (B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and (2) Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.

(1) Notify each state agency with which the contractor has a contract that the: (A) Contractor is subject to a final business closure order; and (B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and

(A) Contractor is subject to a final business closure order; and

(B) Provision of any goods or services, or both, under a contract with the contractor that is subject to a final business closure order shall cease as soon as reasonably practicable; and

(2) Notify all state agencies that the contractor that is subject to a final business closure order shall not be awarded or maintain a contract with a state agency unless the office provides notice under subsection (d) of this section.

(d) Upon receipt of information that a contractor has resolved a business closure, the office shall notify all state agencies, as soon as reasonably practicable, that: (1) Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and (2) The contractor may be awarded or maintain a contract with a state agency.

(1) Any unexpired contracts with the contractor may continue if the contract was not terminated, cancelled, suspended, or discontinued; and

(2) The contractor may be awarded or maintain a contract with a state agency.

Added by Act 2019, No. 866,§ 2, eff. 1/1/2020.
Ark. Code Ann. § 19-11-270 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-270
Penalty for intentional violation
Status: in_force

A person who purposely violates state procurement laws, Arkansas Code Title 19, Chapter 11, upon conviction is guilty of a Class D felony. Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.

A person who purposely violates state procurement laws, Arkansas Code Title 19, Chapter 11, upon conviction is guilty of a Class D felony.

Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Ark. Code Ann. § 19-7-901 — AR Code / Title 19 / Chapter 7 / Subchapter 9 / Section 19-7-901
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Agreement" means a contract and shall include renewals and alterations of the contract; (2) "County judge" means the county judge of any county in this state; (3) "Fund" means, unless otherwise expressed, the government project fund established pursuant to § 19-7-906 ; (4) "Governing body" means the board, body, or persons in which the powers of a political subdivision as body corporate, or otherwise, are vested; (5) "Political subdivision" means any agency or unit of this state which is authorized to levy taxes or empowered to cause taxes to be levied; (6) "Project" means any resettlement project or rural rehabilitation project for resettlement purposes of the United States located within a political subdivision and shall include the persons inhabiting such a project; and (7) "Service" means such public and municipal functions performed for property in and persons residing within a political subdivision. Acts 1939, No. 361, § 1; A.S.A. 1947, § 13-717.

As used in this subchapter, unless the context otherwise requires:

(1) "Agreement" means a contract and shall include renewals and alterations of the contract;

(2) "County judge" means the county judge of any county in this state;

(3) "Fund" means, unless otherwise expressed, the government project fund established pursuant to § 19-7-906 ;

(4) "Governing body" means the board, body, or persons in which the powers of a political subdivision as body corporate, or otherwise, are vested;

(5) "Political subdivision" means any agency or unit of this state which is authorized to levy taxes or empowered to cause taxes to be levied;

(6) "Project" means any resettlement project or rural rehabilitation project for resettlement purposes of the United States located within a political subdivision and shall include the persons inhabiting such a project; and

(7) "Service" means such public and municipal functions performed for property in and persons residing within a political subdivision.

Acts 1939, No. 361, § 1; A.S.A. 1947, § 13-717.
Ark. Code Ann. § 19-6-401 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-401
Funds generally
Status: in_force

There are created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the following funds which shall consist of those special revenues enumerated in this subchapter for the purpose of each fund. Acts 1973, No. 808, § 14; A.S.A. 1947, § 13-503.13.

There are created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the following funds which shall consist of those special revenues enumerated in this subchapter for the purpose of each fund.

Acts 1973, No. 808, § 14; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-5-1060 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1060
Major Industry Facilities Incentive 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 "Major Industry Facilities Incentive Fund". (b) The Major Industry Facilities Incentive Fund shall consist of those moneys transferred from the General Revenue Fund Account of the State Apportionment Fund, there to be used for making payments to state agencies or political subdivisions as set out in the Major Industry Facilities Incentive Act, § 15-4-1801 et seq. Acts 1995, No. 1163, § 27.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Major Industry Facilities Incentive Fund".

(b) The Major Industry Facilities Incentive Fund shall consist of those moneys transferred from the General Revenue Fund Account of the State Apportionment Fund, there to be used for making payments to state agencies or political subdivisions as set out in the Major Industry Facilities Incentive Act, § 15-4-1801 et seq.

Acts 1995, No. 1163, § 27.
Ark. Code Ann. § 19-4-523 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-523
Grants, assistance, and special aid
Status: in_force

This classification shall be applicable to all appropriations made by the General Assembly from state, federal, or other moneys for educational assistance, welfare grants, rehabilitation services, aid to counties and municipalities, and to all other special appropriations which have for their purpose the appropriating of state, federal, or other moneys for public benefits. Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338.

This classification shall be applicable to all appropriations made by the General Assembly from state, federal, or other moneys for educational assistance, welfare grants, rehabilitation services, aid to counties and municipalities, and to all other special appropriations which have for their purpose the appropriating of state, federal, or other moneys for public benefits.

Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338.
Ark. Code Ann. § 19-5-925 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-925
Death and Permanent Total Disability 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 trust fund to be known as the "Death and Permanent Total Disability Trust Fund". (b) The fund shall consist of the revenues provided by §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 , and shall be used for the purposes as set out in §§ 11-9-101 - 11-9-105 , 11-9-107 - 11-9-112 , 11-9-401 - 11-9-403 , 11-9-409 , 11-9-501 - 11-9-529 , 11-9-601 - 11-9-603 , 11-9-701 , 11-9-702 , 11-9-704 - 11-9-716 , and 11-9-801 - 11-9-811 . Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Death and Permanent Total Disability Trust Fund".

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

Acts 1973, No. 750, § 8; 1985, No. 888, § 12; A.S.A. 1947, § 13-531.