Ark. Code Ann. § 25-10-144 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-144
Governor's Advisory Commission on National Service and Volunteerism - Creation
Status: in_force

(a) There is established a Governor's Advisory Commission on National Service and Volunteerism. (b) The purposes of the Governor's Advisory Commission on National Service and Volunteerism are to: (1) Assist the community engagement program and staff of the office of the Commissioner of the Division of Higher Education in setting goals, establishing priority activities, performing an advocacy role, and assisting in funding and resource development and publicity and recognition and awards programs; and (2) Serve as the Arkansas Service Commission for the Edward M. Kennedy Serve America Act, as governed by 42 U.S.C. § 12638 . (c) (1) The Governor's Advisory Commission on National Service and Volunteerism shall consist of fifteen (15) to twenty-five (25) voting members to be appointed by the Governor. (2) The voting members shall include: (A) One (1) or more members with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth; (B) One (1) or more members with experience in promoting the involvement of older adults in service and volunteering; (C) One (1) or more members representing community-based agencies or community-based organizations; (D) One (1) or more members representing local governments; (E) One (1) or more members representing local labor organizations; (F) One (1) or more members representing business; (G) One (1) or more members between sixteen (16) and twenty-five (25) years of age who is a participant or supervisor in a volunteer or service program; (H) One (1) or more members representing a national service program described in 42 U.S.C. § 12572 , as it existed on January 1, 2015; (I) The Commissioner of Elementary and Secondary Education or his or her designee; and (J) One (1) or more members representing the volunteer sector. (3) The voting members may also include: (A) One (1) or more members selected from among local educators; (B) One (1) or more members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons; (C) One (1) or more representatives of Native American tribes; (D) One (1) or more members selected from among out-of-school youth or other at-risk youth; and (E) One (1) or more representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. § 4950 et seq., as it existed on January 1, 2015. (4) The Corporation for National and Community Service may appoint an ex officio nonvoting member of the Governor's Advisory Commission on National Service and Volunteerism. (5) The number of voting members who are state employees or officers may not exceed twenty-five percent (25%) of the total membership. (6) (A) The Governor shall ensure, to the maximum extent practicable, that the membership of the Governor's Advisory Commission on National Service and Volunteerism is diverse with respect to race, ethnicity, age, gender, and disability characteristics. (B) Not more than fifty percent (50%) of the voting members, plus one (1) additional member, may be from the same political party. (d) (1) A member of the Governor's Advisory Commission on National Service and Volunteerism shall be appointed for terms of three (3) years. (2) The members initially appointed shall draw lots for staggered terms, such that an equal number of terms shall expire each calendar year. (3) (A) In the event of a vacancy, the Governor shall appoint an eligible member to serve the remainder of the term. (B) The vacancy shall not affect the power of the remaining members to execute the duties of the Governor's Advisory Commission on National Service and Volunteerism. (e) The voting members of the Governor's Advisory Commission on National Service and Volunteerism shall elect one (1) of the voting members to serve as chair. (f) A member of the Governor's Advisory Commission on National Service and Volunteerism shall serve without compensation but may receive expense reimbursements in accordance with § 25-16-902 . (g) [Repealed.] Amended by Act 2023, No. 786,§ 55, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2386, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2385, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 7, eff. 8/1/2017. Added by Act 2015, No. 111,§ 2, eff. 7/22/2015.

(a) There is established a Governor's Advisory Commission on National Service and Volunteerism.

(b) The purposes of the Governor's Advisory Commission on National Service and Volunteerism are to: (1) Assist the community engagement program and staff of the office of the Commissioner of the Division of Higher Education in setting goals, establishing priority activities, performing an advocacy role, and assisting in funding and resource development and publicity and recognition and awards programs; and (2) Serve as the Arkansas Service Commission for the Edward M. Kennedy Serve America Act, as governed by 42 U.S.C. § 12638 .

(1) Assist the community engagement program and staff of the office of the Commissioner of the Division of Higher Education in setting goals, establishing priority activities, performing an advocacy role, and assisting in funding and resource development and publicity and recognition and awards programs; and

(2) Serve as the Arkansas Service Commission for the Edward M. Kennedy Serve America Act, as governed by 42 U.S.C. § 12638 .

(c) (1) The Governor's Advisory Commission on National Service and Volunteerism shall consist of fifteen (15) to twenty-five (25) voting members to be appointed by the Governor. (2) The voting members shall include: (A) One (1) or more members with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth; (B) One (1) or more members with experience in promoting the involvement of older adults in service and volunteering; (C) One (1) or more members representing community-based agencies or community-based organizations; (D) One (1) or more members representing local governments; (E) One (1) or more members representing local labor organizations; (F) One (1) or more members representing business; (G) One (1) or more members between sixteen (16) and twenty-five (25) years of age who is a participant or supervisor in a volunteer or service program; (H) One (1) or more members representing a national service program described in 42 U.S.C. § 12572 , as it existed on January 1, 2015; (I) The Commissioner of Elementary and Secondary Education or his or her designee; and (J) One (1) or more members representing the volunteer sector. (3) The voting members may also include: (A) One (1) or more members selected from among local educators; (B) One (1) or more members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons; (C) One (1) or more representatives of Native American tribes; (D) One (1) or more members selected from among out-of-school youth or other at-risk youth; and (E) One (1) or more representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. § 4950 et seq., as it existed on January 1, 2015. (4) The Corporation for National and Community Service may appoint an ex officio nonvoting member of the Governor's Advisory Commission on National Service and Volunteerism. (5) The number of voting members who are state employees or officers may not exceed twenty-five percent (25%) of the total membership. (6) (A) The Governor shall ensure, to the maximum extent practicable, that the membership of the Governor's Advisory Commission on National Service and Volunteerism is diverse with respect to race, ethnicity, age, gender, and disability characteristics. (B) Not more than fifty percent (50%) of the voting members, plus one (1) additional member, may be from the same political party.

(1) The Governor's Advisory Commission on National Service and Volunteerism shall consist of fifteen (15) to twenty-five (25) voting members to be appointed by the Governor.

(2) The voting members shall include: (A) One (1) or more members with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth; (B) One (1) or more members with experience in promoting the involvement of older adults in service and volunteering; (C) One (1) or more members representing community-based agencies or community-based organizations; (D) One (1) or more members representing local governments; (E) One (1) or more members representing local labor organizations; (F) One (1) or more members representing business; (G) One (1) or more members between sixteen (16) and twenty-five (25) years of age who is a participant or supervisor in a volunteer or service program; (H) One (1) or more members representing a national service program described in 42 U.S.C. § 12572 , as it existed on January 1, 2015; (I) The Commissioner of Elementary and Secondary Education or his or her designee; and (J) One (1) or more members representing the volunteer sector.

(A) One (1) or more members with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth;

(B) One (1) or more members with experience in promoting the involvement of older adults in service and volunteering;

(C) One (1) or more members representing community-based agencies or community-based organizations;

(D) One (1) or more members representing local governments;

(E) One (1) or more members representing local labor organizations;

(F) One (1) or more members representing business;

(G) One (1) or more members between sixteen (16) and twenty-five (25) years of age who is a participant or supervisor in a volunteer or service program;

(H) One (1) or more members representing a national service program described in 42 U.S.C. § 12572 , as it existed on January 1, 2015;

(I) The Commissioner of Elementary and Secondary Education or his or her designee; and

(J) One (1) or more members representing the volunteer sector.

(3) The voting members may also include: (A) One (1) or more members selected from among local educators; (B) One (1) or more members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons; (C) One (1) or more representatives of Native American tribes; (D) One (1) or more members selected from among out-of-school youth or other at-risk youth; and (E) One (1) or more representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. § 4950 et seq., as it existed on January 1, 2015.

(A) One (1) or more members selected from among local educators;

(B) One (1) or more members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons;

(C) One (1) or more representatives of Native American tribes;

(D) One (1) or more members selected from among out-of-school youth or other at-risk youth; and

(E) One (1) or more representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. § 4950 et seq., as it existed on January 1, 2015.

(4) The Corporation for National and Community Service may appoint an ex officio nonvoting member of the Governor's Advisory Commission on National Service and Volunteerism.

(5) The number of voting members who are state employees or officers may not exceed twenty-five percent (25%) of the total membership.

(6) (A) The Governor shall ensure, to the maximum extent practicable, that the membership of the Governor's Advisory Commission on National Service and Volunteerism is diverse with respect to race, ethnicity, age, gender, and disability characteristics. (B) Not more than fifty percent (50%) of the voting members, plus one (1) additional member, may be from the same political party.

(A) The Governor shall ensure, to the maximum extent practicable, that the membership of the Governor's Advisory Commission on National Service and Volunteerism is diverse with respect to race, ethnicity, age, gender, and disability characteristics.

(B) Not more than fifty percent (50%) of the voting members, plus one (1) additional member, may be from the same political party.

(d) (1) A member of the Governor's Advisory Commission on National Service and Volunteerism shall be appointed for terms of three (3) years. (2) The members initially appointed shall draw lots for staggered terms, such that an equal number of terms shall expire each calendar year. (3) (A) In the event of a vacancy, the Governor shall appoint an eligible member to serve the remainder of the term. (B) The vacancy shall not affect the power of the remaining members to execute the duties of the Governor's Advisory Commission on National Service and Volunteerism.

(1) A member of the Governor's Advisory Commission on National Service and Volunteerism shall be appointed for terms of three (3) years.

(2) The members initially appointed shall draw lots for staggered terms, such that an equal number of terms shall expire each calendar year.

(3) (A) In the event of a vacancy, the Governor shall appoint an eligible member to serve the remainder of the term. (B) The vacancy shall not affect the power of the remaining members to execute the duties of the Governor's Advisory Commission on National Service and Volunteerism.

(A) In the event of a vacancy, the Governor shall appoint an eligible member to serve the remainder of the term.

(B) The vacancy shall not affect the power of the remaining members to execute the duties of the Governor's Advisory Commission on National Service and Volunteerism.

(e) The voting members of the Governor's Advisory Commission on National Service and Volunteerism shall elect one (1) of the voting members to serve as chair.

(f) A member of the Governor's Advisory Commission on National Service and Volunteerism shall serve without compensation but may receive expense reimbursements in accordance with § 25-16-902 .

(g) [Repealed.]

Amended by Act 2023, No. 786,§ 55, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2386, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2385, eff. 7/1/2019.

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

Amended by Act 2017, No. 913,§ 7, eff. 8/1/2017.

Added by Act 2015, No. 111,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 25-43-813 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-813
Reduction of regulatory fees and charges
Status: in_force

(a) (1) (A) Except as otherwise provided in this section, the Secretary of the Department of Health shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Health under § 25-43-802 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge. (2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine. (3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section. (b) (1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission. (2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge. (c) The secretary shall submit a written notice of a reduction of regulatory fees and charges under this section to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (1) The specific regulatory fees and charges of the board or commission that shall be reduced; (2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount; (3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and (4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount. (d) The secretary may reduce regulatory fees and charges under this section in successive years if the required criteria under this section are met. (e) When notifying persons of regulatory fees and charges that are payable to a board or commission during the period of a reduction of regulatory fees and charges under this section, the board or commission shall include in the notification conspicuous language that the regulatory fees and charges have been reduced in light of the fund balance accumulated by the board or commission and the reduction may or may not apply in future years. (f) (1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee. (2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges. (3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges. (g) The secretary shall submit a report to the Legislative Council during presession budget hearings prior to a regular session of the General Assembly for the budget presentation of the boards and commissions whose administrative functions have been transferred to the Department of Health under § 25-43-802 , which shall include the following information: (1) The current fund balance of each board or commission; (2) The average expenditures of each board or commission for the preceding three (3) fiscal years; (3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount; (4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and (5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section. Added by Act 2023, No. 114,§ 1, eff. 7/1/2023.

(a) (1) (A) Except as otherwise provided in this section, the Secretary of the Department of Health shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Health under § 25-43-802 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge. (2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine. (3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section.

(1) (A) Except as otherwise provided in this section, the Secretary of the Department of Health shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Health under § 25-43-802 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge.

(A) Except as otherwise provided in this section, the Secretary of the Department of Health shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Health under § 25-43-802 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses.

(B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge.

(2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine.

(A) License fees;

(B) Examination fees;

(C) Assessment rates or fees;

(D) Association dues or fees;

(E) Renewal fees or charges;

(F) Application fees;

(G) Certification fees;

(H) Inspection fees;

(I) Permit fees;

(J) Fees or charges authorized by Arkansas law;

(K) Fees or charges authorized by rule; and

(L) Any other collections by the board or commission not implemented as a penalty or fine.

(3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section.

(b) (1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission. (2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge.

(1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary;

(B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and

(C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses.

(ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge.

(A) One (1) or more regulatory fees and charges that shall be reduced; and

(B) The amount of the reduction that should be applied to each regulatory fee and charge.

(c) The secretary shall submit a written notice of a reduction of regulatory fees and charges under this section to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (1) The specific regulatory fees and charges of the board or commission that shall be reduced; (2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount; (3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and (4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount.

(1) The specific regulatory fees and charges of the board or commission that shall be reduced;

(2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(A) The amount of each specific regulatory fee and charge in light of the reduction.

(B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and

(ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and

(A) The dates on which the reduction of each regulatory fee and charge shall begin and end.

(B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection.

(C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and

(4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount.

(d) The secretary may reduce regulatory fees and charges under this section in successive years if the required criteria under this section are met.

(e) When notifying persons of regulatory fees and charges that are payable to a board or commission during the period of a reduction of regulatory fees and charges under this section, the board or commission shall include in the notification conspicuous language that the regulatory fees and charges have been reduced in light of the fund balance accumulated by the board or commission and the reduction may or may not apply in future years.

(f) (1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee. (2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges. (3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee.

(2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges.

(A) Secretary determines that such a collection is in the best financial interest of the board or commission; and

(B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges.

(3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and

(i) The date the reduction of regulatory fees and charges shall be terminated.

(ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and

(B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(g) The secretary shall submit a report to the Legislative Council during presession budget hearings prior to a regular session of the General Assembly for the budget presentation of the boards and commissions whose administrative functions have been transferred to the Department of Health under § 25-43-802 , which shall include the following information: (1) The current fund balance of each board or commission; (2) The average expenditures of each board or commission for the preceding three (3) fiscal years; (3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount; (4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and (5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section.

(1) The current fund balance of each board or commission;

(2) The average expenditures of each board or commission for the preceding three (3) fiscal years;

(3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount;

(A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges.

(B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount;

(4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and

(5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section.

Added by Act 2023, No. 114,§ 1, eff. 7/1/2023.
Ark. Code Ann. § 25-35-107 — AR Code / Title 25 / Chapter 35 / Section 25-35-107
Payment of losses
Status: in_force

The risk manager shall establish: (1) Appropriate policies and procedures governing the payment of losses from the Arkansas Multi-Agency Insurance Trust Fund, including notice or proof of loss by any participating state agency; and (2) Policies and procedures governing disputes that may arise between the risk manager and any person having charge over the property in question concerning the extent of loss or damage. Acts 2003, No. 1762, § 1.

The risk manager shall establish:

(1) Appropriate policies and procedures governing the payment of losses from the Arkansas Multi-Agency Insurance Trust Fund, including notice or proof of loss by any participating state agency; and

(2) Policies and procedures governing disputes that may arise between the risk manager and any person having charge over the property in question concerning the extent of loss or damage.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-16-907 — AR Code / Title 25 / Chapter 16 / Subchapter 9 / Section 25-16-907
Effective date
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, this subchapter becomes effective on a board-by-board basis on the date of the board's first regularly scheduled meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends. (2) Except as provided in subsection (b) of this section, for boards which do not have regularly scheduled meetings, this subchapter becomes effective on a board-by-board basis on the date of the board's first meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends. (b) Any state board may, by a majority vote of the total membership of the board cast during any meeting in 1995, exercise its powers under this subchapter for calendar year 1995, but, until a board acts or has the opportunity to act in 1996, the law existing on February 1, 1995, as to the board's expense reimbursement and per diem authorization shall apply. Acts 1995, No. 1211, § 7.

(a) (1) Except as provided in subsection (b) of this section, this subchapter becomes effective on a board-by-board basis on the date of the board's first regularly scheduled meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends. (2) Except as provided in subsection (b) of this section, for boards which do not have regularly scheduled meetings, this subchapter becomes effective on a board-by-board basis on the date of the board's first meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends.

(1) Except as provided in subsection (b) of this section, this subchapter becomes effective on a board-by-board basis on the date of the board's first regularly scheduled meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends.

(2) Except as provided in subsection (b) of this section, for boards which do not have regularly scheduled meetings, this subchapter becomes effective on a board-by-board basis on the date of the board's first meeting in 1996, and, thereafter, this subchapter shall be the sole authority for expense reimbursement, per diem, and stipends.

(b) Any state board may, by a majority vote of the total membership of the board cast during any meeting in 1995, exercise its powers under this subchapter for calendar year 1995, but, until a board acts or has the opportunity to act in 1996, the law existing on February 1, 1995, as to the board's expense reimbursement and per diem authorization shall apply.

Acts 1995, No. 1211, § 7.
Ark. Code Ann. § 25-43-1303 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1303
Secretary of the Department of Parks, Heritage, and Tourism
Status: in_force

(a) The executive head of the Department of Parks, Heritage, and Tourism shall be the Secretary of the Department of Parks, Heritage, and Tourism. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 12, eff. 7/28/2021. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

(a) The executive head of the Department of Parks, Heritage, and Tourism shall be the Secretary of the Department of Parks, Heritage, and Tourism.

(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(c) Each division of the department shall be under the direction, control, and supervision of the secretary.

(d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary meets all statutory requirements for the position.

(1) Hire department personnel;

(2) Perform or assign duties assigned to the department; and

(3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary meets all statutory requirements for the position.

(f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

Amended by Act 2021, No. 413,§ 12, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-16-705 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-705
Subpoena power - Attendance of witnesses
Status: in_force

(a) In all litigation, including criminal matters, in which the interests of the State of Arkansas are involved or may become involved before any tribunal, board, or commission, the Attorney General shall have the right to subpoena any person or the books, records, or other documents being held by any person. He or she shall have the authority to administer oaths for the purpose of taking testimony of witnesses subpoenaed before him or her, which he or she may deem necessary to adequately present the state's case. (b) The subpoena provided for in subsection (a) of this section shall be substantially in the following form: Click here to view form. (c) The subpoena provided for in subsection (a) of this section shall be served in the manner provided by law and returned and a record made and kept by the Attorney General. The fees and mileage of officers serving the subpoena, and of witnesses in answer to the subpoena, shall be as provided by law. (d) (1) The failure of any officer to serve such subpoena, and the failure of a witness to appear on the return date thereof, shall constitute a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), by imprisonment in the county jail not to exceed six (6) months, or both fine and imprisonment. (2) In addition to paying the penalty provided in subdivision (d)(1) of this section, any witness who fails to attend before the Attorney General at the time and place designated in the subpoena, or who refuses to testify or give evidence when he or she does attend, shall be cited on affidavit by the Attorney General to the Pulaski County Circuit Court or any other circuit court of the state where the subpoena was served and proceeded against. Such failure or refusal shall be punished by the court as if the witness had been subpoenaed to appear before the circuit court citing the person. Acts 1957, No. 91, §§ 1-5; A.S.A. 1947, §§ 12-725 -- 12-729; Acts 2011, No. 170, § 1.

(a) In all litigation, including criminal matters, in which the interests of the State of Arkansas are involved or may become involved before any tribunal, board, or commission, the Attorney General shall have the right to subpoena any person or the books, records, or other documents being held by any person. He or she shall have the authority to administer oaths for the purpose of taking testimony of witnesses subpoenaed before him or her, which he or she may deem necessary to adequately present the state's case.

(b) The subpoena provided for in subsection (a) of this section shall be substantially in the following form: Click here to view form.

Click here to view form.

(c) The subpoena provided for in subsection (a) of this section shall be served in the manner provided by law and returned and a record made and kept by the Attorney General. The fees and mileage of officers serving the subpoena, and of witnesses in answer to the subpoena, shall be as provided by law.

(d) (1) The failure of any officer to serve such subpoena, and the failure of a witness to appear on the return date thereof, shall constitute a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), by imprisonment in the county jail not to exceed six (6) months, or both fine and imprisonment. (2) In addition to paying the penalty provided in subdivision (d)(1) of this section, any witness who fails to attend before the Attorney General at the time and place designated in the subpoena, or who refuses to testify or give evidence when he or she does attend, shall be cited on affidavit by the Attorney General to the Pulaski County Circuit Court or any other circuit court of the state where the subpoena was served and proceeded against. Such failure or refusal shall be punished by the court as if the witness had been subpoenaed to appear before the circuit court citing the person.

(1) The failure of any officer to serve such subpoena, and the failure of a witness to appear on the return date thereof, shall constitute a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), by imprisonment in the county jail not to exceed six (6) months, or both fine and imprisonment.

(2) In addition to paying the penalty provided in subdivision (d)(1) of this section, any witness who fails to attend before the Attorney General at the time and place designated in the subpoena, or who refuses to testify or give evidence when he or she does attend, shall be cited on affidavit by the Attorney General to the Pulaski County Circuit Court or any other circuit court of the state where the subpoena was served and proceeded against. Such failure or refusal shall be punished by the court as if the witness had been subpoenaed to appear before the circuit court citing the person.

Acts 1957, No. 91, §§ 1-5; A.S.A. 1947, §§ 12-725 -- 12-729; Acts 2011, No. 170, § 1.

16_705_1 - Attachment
Ark. Code Ann. § 25-26-304 — AR Code / Title 25 / Chapter 26 / Subchapter 3 / Section 25-26-304
Areas of collaboration
Status: in_force

The Arkansas Cyber Initiative may: (1) Identify specific areas where scientific research and innovation may contribute to the creation and growth of knowledge-based and high-technology cyber jobs in Arkansas; (2) Determine specific areas in which financial investment and engagement from government agencies or private businesses located in Arkansas could be enhanced or increased if resources were made available to assist in developing a robust cybersecurity infrastructure; (3) Advise universities of the cyber-related talent needs of Arkansas businesses; (4) Improve the exchange of innovation and workforce collaboration for the mutual benefit of universities, government agencies, and private businesses; (5) Encourage collaborations between private businesses or private business sector representatives and universities in the areas of research identified by the alliance; (6) Recommend government investments in cyber infrastructure for the reduction of cyber risks and enhancement of economic development opportunities; (7) Hold an annual cyber summit to engage corporate leadership and academia; (8) Facilitate economic development activities relating to cybersecurity; (9) Pursue funding from public and private sources to facilitate the work of the initiative; (10) Facilitate outreach to rural communities and municipalities; and (11) Provide operational cyber support for government agencies and private business located in Arkansas by: (A) Implementing enhanced cyber-threat assessment and mitigation capability at unclassified and classified levels; (B) Assessing the cyber networks and infrastructure of this state; (C) Providing best practices and professional development training for people employed in cybersecurity; (D) Assisting with responses to critical cyber incidents in this state; (E) Developing uncleared and cleared apprenticeship programs related to cybersecurity; and (F) Fostering collaboration with the State Cyber Security Office for the ongoing improvement of cybersecurity efforts across government entities. Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.

The Arkansas Cyber Initiative may:

(1) Identify specific areas where scientific research and innovation may contribute to the creation and growth of knowledge-based and high-technology cyber jobs in Arkansas;

(2) Determine specific areas in which financial investment and engagement from government agencies or private businesses located in Arkansas could be enhanced or increased if resources were made available to assist in developing a robust cybersecurity infrastructure;

(3) Advise universities of the cyber-related talent needs of Arkansas businesses;

(4) Improve the exchange of innovation and workforce collaboration for the mutual benefit of universities, government agencies, and private businesses;

(5) Encourage collaborations between private businesses or private business sector representatives and universities in the areas of research identified by the alliance;

(6) Recommend government investments in cyber infrastructure for the reduction of cyber risks and enhancement of economic development opportunities;

(7) Hold an annual cyber summit to engage corporate leadership and academia;

(8) Facilitate economic development activities relating to cybersecurity;

(9) Pursue funding from public and private sources to facilitate the work of the initiative;

(10) Facilitate outreach to rural communities and municipalities; and

(11) Provide operational cyber support for government agencies and private business located in Arkansas by: (A) Implementing enhanced cyber-threat assessment and mitigation capability at unclassified and classified levels; (B) Assessing the cyber networks and infrastructure of this state; (C) Providing best practices and professional development training for people employed in cybersecurity; (D) Assisting with responses to critical cyber incidents in this state; (E) Developing uncleared and cleared apprenticeship programs related to cybersecurity; and (F) Fostering collaboration with the State Cyber Security Office for the ongoing improvement of cybersecurity efforts across government entities.

(A) Implementing enhanced cyber-threat assessment and mitigation capability at unclassified and classified levels;

(B) Assessing the cyber networks and infrastructure of this state;

(C) Providing best practices and professional development training for people employed in cybersecurity;

(D) Assisting with responses to critical cyber incidents in this state;

(E) Developing uncleared and cleared apprenticeship programs related to cybersecurity; and

(F) Fostering collaboration with the State Cyber Security Office for the ongoing improvement of cybersecurity efforts across government entities.

Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 25-18-307 — AR Code / Title 25 / Chapter 18 / Subchapter 3 / Section 25-18-307
Procedure to obtain state and local publications
Status: in_force

(a) Any institution of higher learning desiring to obtain copies of any publication contained in the checklist shall order the number of copies, not to exceed three (3) copies of any one (1) report or publication, desired from the Arkansas State Library. (b) The Arkansas State Library shall collect the orders and shall periodically obtain from state agencies and departments, and from the various cities and counties, a sufficient number of copies and documents and publications to fill the orders. (c) The Arkansas State Library shall furnish all institutions of higher learning copies of any documents and publications so ordered without charge or cost. Acts 1971, No. 163, § 2; A.S.A. 1947, § 14-441.

(a) Any institution of higher learning desiring to obtain copies of any publication contained in the checklist shall order the number of copies, not to exceed three (3) copies of any one (1) report or publication, desired from the Arkansas State Library.

(b) The Arkansas State Library shall collect the orders and shall periodically obtain from state agencies and departments, and from the various cities and counties, a sufficient number of copies and documents and publications to fill the orders.

(c) The Arkansas State Library shall furnish all institutions of higher learning copies of any documents and publications so ordered without charge or cost.

Acts 1971, No. 163, § 2; A.S.A. 1947, § 14-441.
Ark. Code Ann. § 25-10-121 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-121
Proceeds from the sale of land - Deposit in special trust fund
Status: in_force

(a) Pursuant to the process delineated in § 22-6-601 , in lieu of depositing the proceeds of the sale of lands in the fund from which the division or state agency is operated, a board of a state agency or a division within the Department of Human Services holding lands in its name may request, as a condition for sale of the lands, that the proceeds be deposited in a special trust fund to be created in the name of the board, state agency, or division on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State. (b) Proceeds placed in the special trust fund shall be used solely for the maintenance and operation of the programs of the division, state agency, or board under whose name the lands were held. (c) If the division, state agency, or board requests the proceeds to be deposited in a special trust fund, the creation of the trust fund and the transfer of the proceeds to the trust fund shall be subject to approval by the Governor as a condition for approval of the sale. Acts 1991, No. 1085, § 24.

(a) Pursuant to the process delineated in § 22-6-601 , in lieu of depositing the proceeds of the sale of lands in the fund from which the division or state agency is operated, a board of a state agency or a division within the Department of Human Services holding lands in its name may request, as a condition for sale of the lands, that the proceeds be deposited in a special trust fund to be created in the name of the board, state agency, or division on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State.

(b) Proceeds placed in the special trust fund shall be used solely for the maintenance and operation of the programs of the division, state agency, or board under whose name the lands were held.

(c) If the division, state agency, or board requests the proceeds to be deposited in a special trust fund, the creation of the trust fund and the transfer of the proceeds to the trust fund shall be subject to approval by the Governor as a condition for approval of the sale.

Acts 1991, No. 1085, § 24.
Ark. Code Ann. § 25-10-208 — AR Code / Title 25 / Chapter 10 / Subchapter 2 / Section 25-10-208
State services for the blind - Supplemental insurance
Status: in_force

Staff members who transport individuals who are blind or have visual impairments on official state business of the Division of State Services for the Blind within the Department of Commerce are entitled to reimbursement for supplemental insurance costs. Costs incurred for supplemental liability automobile insurance above the minimum required by law for the purpose of including coverage for work-related activities shall be reimbursed through standard travel procedures annually, not to exceed fifty dollars ($50.00) per year. Amended by Act 2023, No. 503,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 616, eff. 7/1/2019. Acts 1995, No. 1198, § 68.

Staff members who transport individuals who are blind or have visual impairments on official state business of the Division of State Services for the Blind within the Department of Commerce are entitled to reimbursement for supplemental insurance costs. Costs incurred for supplemental liability automobile insurance above the minimum required by law for the purpose of including coverage for work-related activities shall be reimbursed through standard travel procedures annually, not to exceed fifty dollars ($50.00) per year.

Amended by Act 2023, No. 503,§ 12, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 616, eff. 7/1/2019.

Acts 1995, No. 1198, § 68.
Ark. Code Ann. § 25-20-103 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-103
Definitions
Status: in_force

As used in this chapter: (1) "Public agency" means any: (A) School district; (B) Political subdivision of this state; (C) Agency of the state government or of the United States; (D) Political subdivision of another state; (E) Water district created under the provisions of The Regional Water Distribution District Act, § 14-116-101 et seq.; (F) Governing body of a municipal electric utility as defined in § 25-20-402 ; and (G) Fire department organized under the laws of this state if the fire department: (i) Offers fire protection services to unincorporated areas; and (ii) Has received approval by its quorum court for participation in an interlocal cooperation agreement; (2) "Retail customer" means a person other than a municipality, improvement district, or other entity that sells and distributes water subject to regulation by the Department of Health who: (A) Maintains a service account with a public body formed under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the provision of water to a person or the occupants of a single-family dwelling, multi-tenant dwelling, business premises, or government facility; and (B) Is not explicitly permitted to resell potable water to another person; (3) "State" means a state of the United States and the District of Columbia; (4) "Storm water system" means all or any portion of the collective facilities and parts designed, organized, and implemented for the collection, storage, transmission, and disposition of excess storm water runoff in its entirety, or any integral parts thereof, that is formed under the authority of state law and includes without limitation inlets, street gutters, roadway gutters, roadside ditches, channels, swales, above-ground drain pipes, underground drain pipes, natural waterways, conduits, and water impoundments; (5) "Surplus water" means water available for distribution or sale aside from water necessarily required of the public body for distribution to its existing retail customers; (6) "Wastewater system" means a wastewater and collection system formed under state law that includes without limitation land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, other real and personal property, buildings, structures, other improvements, and facilities as necessary or advisable for the proper and efficient operation of the wastewater system; and (7) "Water system" means and includes a waterworks and distribution system in its entirety, or any integral parts thereof, which is formed under state law and includes without limitation land, mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reservoirs, lakes, watercourses, pumps, purification plants and units thereof, filtration plants and units thereof, as well as all other real and personal property, buildings, structures, and other improvements or facilities as necessary or advisable for the proper and efficient operation of the water system. Amended by Act 2019, No. 613,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 392,§ 7, eff. 7/24/2019. Amended by Act 2017, No. 711,§ 2, eff. 3/27/2017. Acts 1967, No. 430, § 3; 1973, No. 415, § 1; 1975, No. 208, § 4; 1983, No. 180, § 1; A.S.A. 1947, § 14-903; Acts 2003, No. 366, § 2.

As used in this chapter:

(1) "Public agency" means any: (A) School district; (B) Political subdivision of this state; (C) Agency of the state government or of the United States; (D) Political subdivision of another state; (E) Water district created under the provisions of The Regional Water Distribution District Act, § 14-116-101 et seq.; (F) Governing body of a municipal electric utility as defined in § 25-20-402 ; and (G) Fire department organized under the laws of this state if the fire department: (i) Offers fire protection services to unincorporated areas; and (ii) Has received approval by its quorum court for participation in an interlocal cooperation agreement;

(A) School district;

(B) Political subdivision of this state;

(C) Agency of the state government or of the United States;

(D) Political subdivision of another state;

(E) Water district created under the provisions of The Regional Water Distribution District Act, § 14-116-101 et seq.;

(F) Governing body of a municipal electric utility as defined in § 25-20-402 ; and

(G) Fire department organized under the laws of this state if the fire department: (i) Offers fire protection services to unincorporated areas; and (ii) Has received approval by its quorum court for participation in an interlocal cooperation agreement;

(i) Offers fire protection services to unincorporated areas; and

(ii) Has received approval by its quorum court for participation in an interlocal cooperation agreement;

(2) "Retail customer" means a person other than a municipality, improvement district, or other entity that sells and distributes water subject to regulation by the Department of Health who: (A) Maintains a service account with a public body formed under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the provision of water to a person or the occupants of a single-family dwelling, multi-tenant dwelling, business premises, or government facility; and (B) Is not explicitly permitted to resell potable water to another person;

(A) Maintains a service account with a public body formed under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the provision of water to a person or the occupants of a single-family dwelling, multi-tenant dwelling, business premises, or government facility; and

(B) Is not explicitly permitted to resell potable water to another person;

(3) "State" means a state of the United States and the District of Columbia;

(4) "Storm water system" means all or any portion of the collective facilities and parts designed, organized, and implemented for the collection, storage, transmission, and disposition of excess storm water runoff in its entirety, or any integral parts thereof, that is formed under the authority of state law and includes without limitation inlets, street gutters, roadway gutters, roadside ditches, channels, swales, above-ground drain pipes, underground drain pipes, natural waterways, conduits, and water impoundments;

(5) "Surplus water" means water available for distribution or sale aside from water necessarily required of the public body for distribution to its existing retail customers;

(6) "Wastewater system" means a wastewater and collection system formed under state law that includes without limitation land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, other real and personal property, buildings, structures, other improvements, and facilities as necessary or advisable for the proper and efficient operation of the wastewater system; and

(7) "Water system" means and includes a waterworks and distribution system in its entirety, or any integral parts thereof, which is formed under state law and includes without limitation land, mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reservoirs, lakes, watercourses, pumps, purification plants and units thereof, filtration plants and units thereof, as well as all other real and personal property, buildings, structures, and other improvements or facilities as necessary or advisable for the proper and efficient operation of the water system.

Amended by Act 2019, No. 613,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 392,§ 7, eff. 7/24/2019.

Amended by Act 2017, No. 711,§ 2, eff. 3/27/2017.

Acts 1967, No. 430, § 3; 1973, No. 415, § 1; 1975, No. 208, § 4; 1983, No. 180, § 1; A.S.A. 1947, § 14-903; Acts 2003, No. 366, § 2.
Ark. Code Ann. § 25-32-117 — AR Code / Title 25 / Chapter 32 / Section 25-32-117
Creation and retention of electronic records and conversion of written records by governmental agencies
Status: in_force

(a) Each governmental agency of this State shall determine whether and the extent to which it will create and retain electronic records and convert written records to electronic records. (b) Each state agency shall comply with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems to determine whether and the extent to which it will retain and convert written records to electronic records. Amended by Act 2019, No. 910,§ 6318, eff. 7/1/2019. Acts 2001, No. 905, § 17; 2007, No. 751, § 23.

(a) Each governmental agency of this State shall determine whether and the extent to which it will create and retain electronic records and convert written records to electronic records.

(b) Each state agency shall comply with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems to determine whether and the extent to which it will retain and convert written records to electronic records.

Amended by Act 2019, No. 910,§ 6318, eff. 7/1/2019.

Acts 2001, No. 905, § 17; 2007, No. 751, § 23.
Ark. Code Ann. § 25-4-120 — AR Code / Title 25 / Chapter 4 / Section 25-4-120
Revisions to budget, purchasing, and personnel process
Status: in_force

(a) (1) Prior to June 30 of each even-numbered year, the Legislative Council shall conduct a review of the state budget, purchasing, and personnel process used by state agencies regarding information technology. (2) The Legislative Council shall prepare recommendations for changes in the information technology budget process for utilization in the development of state agency budgets for the next biennial budget cycle. (b) All agencies of the executive branch shall cooperate fully with the Legislative Council to accomplish the purposes of this section. (c) The Division of Information Systems shall make recommendations regarding revisions to the state budget, purchasing, and personnel process related to information technology to the Legislative Council by March 1 of each even-numbered year. Amended by Act 2019, No. 910,§ 6285, eff. 7/1/2019. Acts 1977, No. 884, § 13; A.S.A. 1947, § 5-1413; Acts 1997, No. 914, § 20.

(a) (1) Prior to June 30 of each even-numbered year, the Legislative Council shall conduct a review of the state budget, purchasing, and personnel process used by state agencies regarding information technology. (2) The Legislative Council shall prepare recommendations for changes in the information technology budget process for utilization in the development of state agency budgets for the next biennial budget cycle.

(1) Prior to June 30 of each even-numbered year, the Legislative Council shall conduct a review of the state budget, purchasing, and personnel process used by state agencies regarding information technology.

(2) The Legislative Council shall prepare recommendations for changes in the information technology budget process for utilization in the development of state agency budgets for the next biennial budget cycle.

(b) All agencies of the executive branch shall cooperate fully with the Legislative Council to accomplish the purposes of this section.

(c) The Division of Information Systems shall make recommendations regarding revisions to the state budget, purchasing, and personnel process related to information technology to the Legislative Council by March 1 of each even-numbered year.

Amended by Act 2019, No. 910,§ 6285, eff. 7/1/2019.

Acts 1977, No. 884, § 13; A.S.A. 1947, § 5-1413; Acts 1997, No. 914, § 20.
Ark. Code Ann. § 25-43-1401 — AR Code / Title 25 / Chapter 43 / Subchapter 14 / Section 25-43-1401
Department of Public Safety
Status: in_force

There is created a Department of Public Safety as a cabinet-level department. Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.

There is created a Department of Public Safety as a cabinet-level department.

Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.
Ark. Code Ann. § 25-34-102 — AR Code / Title 25 / Chapter 34 / Section 25-34-102
Findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) Computer and electronic solid waste is among the fastest growing and most toxic segments of Arkansas' solid waste stream; (2) (A) The state must frequently upgrade and replace computers, telecommunications devices, and other technologically sophisticated equipment necessary to the efficient operation of state government. (B) (i) The necessary purchase of up-to-date computers, telecommunications devices, and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use. (ii) Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files. (iii) By the time surplus computer equipment is delivered to the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration, it is generally technologically obsolete and has lost considerable value, resulting in a significant waste of potential revenue to the State of Arkansas; (3) Computers and electronic equipment not sold by the Marketing and Redistribution Section may be disposed of in state landfill space until January 1, 2008; and (4) There are disposal and recycling options other than landfill disposal to address this problem, including: (A) Parts harvesting; (B) Reuse; (C) Resale; (D) Donation; and (E) Demanufacturing. (b) This chapter is intended to: (1) Achieve the maximum possible benefit from use of state agency-owned computers, electronics, and peripherals; (2) Achieve maximum benefit from sale of surplus state agency assets; and (3) Protect the public health, safety, and the environment by mandating that steps be taken to address the solid waste management of computers and other electronic solid waste statewide. Acts 2001, No. 1410, § 2; 2005, No. 970, § 1.

(a) The General Assembly finds that: (1) Computer and electronic solid waste is among the fastest growing and most toxic segments of Arkansas' solid waste stream; (2) (A) The state must frequently upgrade and replace computers, telecommunications devices, and other technologically sophisticated equipment necessary to the efficient operation of state government. (B) (i) The necessary purchase of up-to-date computers, telecommunications devices, and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use. (ii) Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files. (iii) By the time surplus computer equipment is delivered to the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration, it is generally technologically obsolete and has lost considerable value, resulting in a significant waste of potential revenue to the State of Arkansas; (3) Computers and electronic equipment not sold by the Marketing and Redistribution Section may be disposed of in state landfill space until January 1, 2008; and (4) There are disposal and recycling options other than landfill disposal to address this problem, including: (A) Parts harvesting; (B) Reuse; (C) Resale; (D) Donation; and (E) Demanufacturing.

(1) Computer and electronic solid waste is among the fastest growing and most toxic segments of Arkansas' solid waste stream;

(2) (A) The state must frequently upgrade and replace computers, telecommunications devices, and other technologically sophisticated equipment necessary to the efficient operation of state government. (B) (i) The necessary purchase of up-to-date computers, telecommunications devices, and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use. (ii) Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files. (iii) By the time surplus computer equipment is delivered to the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration, it is generally technologically obsolete and has lost considerable value, resulting in a significant waste of potential revenue to the State of Arkansas;

(A) The state must frequently upgrade and replace computers, telecommunications devices, and other technologically sophisticated equipment necessary to the efficient operation of state government.

(B) (i) The necessary purchase of up-to-date computers, telecommunications devices, and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use. (ii) Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files. (iii) By the time surplus computer equipment is delivered to the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration, it is generally technologically obsolete and has lost considerable value, resulting in a significant waste of potential revenue to the State of Arkansas;

(i) The necessary purchase of up-to-date computers, telecommunications devices, and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use.

(ii) Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files.

(iii) By the time surplus computer equipment is delivered to the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration, it is generally technologically obsolete and has lost considerable value, resulting in a significant waste of potential revenue to the State of Arkansas;

(3) Computers and electronic equipment not sold by the Marketing and Redistribution Section may be disposed of in state landfill space until January 1, 2008; and

(4) There are disposal and recycling options other than landfill disposal to address this problem, including: (A) Parts harvesting; (B) Reuse; (C) Resale; (D) Donation; and (E) Demanufacturing.

(A) Parts harvesting;

(B) Reuse;

(C) Resale;

(D) Donation; and

(E) Demanufacturing.

(b) This chapter is intended to: (1) Achieve the maximum possible benefit from use of state agency-owned computers, electronics, and peripherals; (2) Achieve maximum benefit from sale of surplus state agency assets; and (3) Protect the public health, safety, and the environment by mandating that steps be taken to address the solid waste management of computers and other electronic solid waste statewide.

(1) Achieve the maximum possible benefit from use of state agency-owned computers, electronics, and peripherals;

(2) Achieve maximum benefit from sale of surplus state agency assets; and

(3) Protect the public health, safety, and the environment by mandating that steps be taken to address the solid waste management of computers and other electronic solid waste statewide.

Acts 2001, No. 1410, § 2; 2005, No. 970, § 1.
Ark. Code Ann. § 25-18-306 — AR Code / Title 25 / Chapter 18 / Subchapter 3 / Section 25-18-306
Selective and partial depositories
Status: in_force

(a) In addition to the Mullins Library of the University of Arkansas at Fayetteville, which was designated as a depository of all state, city, and county documents under the provisions of § 25-18-301 , the library of each of the state-supported institutions of higher learning in this state is designated as a selective or partial depository of state, city, and county documents. (b) Each department or division of the state, city, and county which is directed to furnish copies of publications to the Mullins Library is authorized and directed to send to the Arkansas State Library a list of all publications published by the department or division during the preceding quarter. (c) The Arkansas State Library shall prepare a checklist of all publications published by all counties, cities, departments, and agencies of this state and shall furnish quarterly a copy of the checklist to each of the institutions of higher learning in this state. Acts 1971, No. 163, § 1; A.S.A. 1947, § 14-440.

(a) In addition to the Mullins Library of the University of Arkansas at Fayetteville, which was designated as a depository of all state, city, and county documents under the provisions of § 25-18-301 , the library of each of the state-supported institutions of higher learning in this state is designated as a selective or partial depository of state, city, and county documents.

(b) Each department or division of the state, city, and county which is directed to furnish copies of publications to the Mullins Library is authorized and directed to send to the Arkansas State Library a list of all publications published by the department or division during the preceding quarter.

(c) The Arkansas State Library shall prepare a checklist of all publications published by all counties, cities, departments, and agencies of this state and shall furnish quarterly a copy of the checklist to each of the institutions of higher learning in this state.

Acts 1971, No. 163, § 1; A.S.A. 1947, § 14-440.
Ark. Code Ann. § 25-10-147 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-147
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Timber and hay sales
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may use the administrative operating account for: (1) Capital improvements to the physical plant; (2) The purchase of capital equipment; and (3) The operations of the Arkansas Health Center. (b) (1) The harvesting of timber and hay is authorized to provide funds to finance the items listed in subsection (a) of this section. (2) The division shall hold funds from timber and hay sales separately from other division funds. (3) All funds deposited from timber and hay sales and all expenses paid through timber and hay sales shall be tracked separately from other division deposits and payments. (c) All expenditures of funds derived from the sale of timber and hay shall be expended in accordance with relevant state purchasing laws. (d) (1) The division shall report all income derived from the sale of timber and hay to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) A contract initiated for the harvesting of timber and hay shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review. Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may use the administrative operating account for: (1) Capital improvements to the physical plant; (2) The purchase of capital equipment; and (3) The operations of the Arkansas Health Center.

(1) Capital improvements to the physical plant;

(2) The purchase of capital equipment; and

(3) The operations of the Arkansas Health Center.

(b) (1) The harvesting of timber and hay is authorized to provide funds to finance the items listed in subsection (a) of this section. (2) The division shall hold funds from timber and hay sales separately from other division funds. (3) All funds deposited from timber and hay sales and all expenses paid through timber and hay sales shall be tracked separately from other division deposits and payments.

(1) The harvesting of timber and hay is authorized to provide funds to finance the items listed in subsection (a) of this section.

(2) The division shall hold funds from timber and hay sales separately from other division funds.

(3) All funds deposited from timber and hay sales and all expenses paid through timber and hay sales shall be tracked separately from other division deposits and payments.

(c) All expenditures of funds derived from the sale of timber and hay shall be expended in accordance with relevant state purchasing laws.

(d) (1) The division shall report all income derived from the sale of timber and hay to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (2) A contract initiated for the harvesting of timber and hay shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.

(1) The division shall report all income derived from the sale of timber and hay to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(2) A contract initiated for the harvesting of timber and hay shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.

Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Ark. Code Ann. § 25-16-1002 — AR Code / Title 25 / Chapter 16 / Subchapter 10 / Section 25-16-1002
Prohibited employment of relatives
Status: in_force

(a) A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the state agency in which the official is serving or over which the official exercises jurisdiction or control, any person who: (1) Is a relative of the public official; and (2) Is an employee of a state agency or as a result of the public official's action would be an employee of a state agency. (b) Within each state agency, no employees who are related shall be placed within the same direct line of supervision whereby one (1) relative is a supervisory employee and responsible for supervising the job performance or work activities of another relative. (c) If a person is placed on the payroll of a state agency in violation of subsection (a) or subsection (b) of this section: (1) The person shall not be entitled to pay at the rate for which the employee was initially hired; (2) The person shall be entitled to receive pay at the greater of the minimum hourly wage rate under § 11-4-210 or the federal minimum hourly wage rate under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for time actually worked while in violation of subsection (a) or subsection (b) of this section; and (3) The employment shall be void. Acts 2005, No. 2262, § 1.

(a) A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the state agency in which the official is serving or over which the official exercises jurisdiction or control, any person who: (1) Is a relative of the public official; and (2) Is an employee of a state agency or as a result of the public official's action would be an employee of a state agency.

(1) Is a relative of the public official; and

(2) Is an employee of a state agency or as a result of the public official's action would be an employee of a state agency.

(b) Within each state agency, no employees who are related shall be placed within the same direct line of supervision whereby one (1) relative is a supervisory employee and responsible for supervising the job performance or work activities of another relative.

(c) If a person is placed on the payroll of a state agency in violation of subsection (a) or subsection (b) of this section: (1) The person shall not be entitled to pay at the rate for which the employee was initially hired; (2) The person shall be entitled to receive pay at the greater of the minimum hourly wage rate under § 11-4-210 or the federal minimum hourly wage rate under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for time actually worked while in violation of subsection (a) or subsection (b) of this section; and (3) The employment shall be void.

(1) The person shall not be entitled to pay at the rate for which the employee was initially hired;

(2) The person shall be entitled to receive pay at the greater of the minimum hourly wage rate under § 11-4-210 or the federal minimum hourly wage rate under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for time actually worked while in violation of subsection (a) or subsection (b) of this section; and

(3) The employment shall be void.

Acts 2005, No. 2262, § 1.
Ark. Code Ann. § 25-1-401 — AR Code / Title 25 / Chapter 1 / Subchapter 4 / Section 25-1-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Financial Transparency Act". Acts 2011, No. 303, § 1.

This subchapter shall be known and may be cited as the "Arkansas Financial Transparency Act".

Acts 2011, No. 303, § 1.
Ark. Code Ann. § 25-16-908 — AR Code / Title 25 / Chapter 16 / Subchapter 9 / Section 25-16-908
Distribution of copies
Status: in_force

As soon as possible after April 11, 1995, the Department of Finance and Administration shall provide a copy of this subchapter to every state board which is subject to the provisions hereof. Acts 1995, No. 1211, § 7.

As soon as possible after April 11, 1995, the Department of Finance and Administration shall provide a copy of this subchapter to every state board which is subject to the provisions hereof.

Acts 1995, No. 1211, § 7.
Ark. Code Ann. § 25-41-101 — AR Code / Title 25 / Chapter 41 / Section 25-41-101
Committee created - Members
Status: in_force

(a) There is created a committee to be known as the "Daisy Gatson Bates Holiday Committee". (b) The committee shall consist of nine (9) members: (1) Three (3) members of the general public who are residents of Arkansas and shall represent the state at large, to be appointed by the Governor; (2) Three (3) members shall be appointed by the Speaker of the House of Representatives, two (2) of whom shall represent and be residents of the First and Second Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large; and (3) Three (3) members shall be appointed by the President Pro Tempore of the Senate, two (2) of whom shall represent and be residents of the Third and Fourth Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large. (c) (1) Members shall serve for a term of three (3) years. (2) No member of the committee shall serve more than two (2) consecutive terms. (3) A vacancy in the membership shall be filled for the balance of the unexpired term in the same manner as the original appointment was made. (d) The Governor shall designate one (1) member appointed from the state at large as the chairperson of the committee. (e) A majority of the committee shall constitute a quorum for the transaction of business. (f) (1) Members of the committee shall serve without compensation but, to the extent moneys are appropriated by the General Assembly, may receive expense reimbursement in accordance with § 25-16-902 and may receive stipends in accordance with § 25-16-903 . (2) However, members of the committee shall not receive stipend payments under § 25-16-903 for more than four (4) meetings in a twelve-month period. Acts 2007, No. 1583, §§ 1.

(a) There is created a committee to be known as the "Daisy Gatson Bates Holiday Committee".

(b) The committee shall consist of nine (9) members: (1) Three (3) members of the general public who are residents of Arkansas and shall represent the state at large, to be appointed by the Governor; (2) Three (3) members shall be appointed by the Speaker of the House of Representatives, two (2) of whom shall represent and be residents of the First and Second Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large; and (3) Three (3) members shall be appointed by the President Pro Tempore of the Senate, two (2) of whom shall represent and be residents of the Third and Fourth Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large.

(1) Three (3) members of the general public who are residents of Arkansas and shall represent the state at large, to be appointed by the Governor;

(2) Three (3) members shall be appointed by the Speaker of the House of Representatives, two (2) of whom shall represent and be residents of the First and Second Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large; and

(3) Three (3) members shall be appointed by the President Pro Tempore of the Senate, two (2) of whom shall represent and be residents of the Third and Fourth Congressional Districts of Arkansas, respectively, and a third who shall represent the state at large.

(c) (1) Members shall serve for a term of three (3) years. (2) No member of the committee shall serve more than two (2) consecutive terms. (3) A vacancy in the membership shall be filled for the balance of the unexpired term in the same manner as the original appointment was made.

(1) Members shall serve for a term of three (3) years.

(2) No member of the committee shall serve more than two (2) consecutive terms.

(3) A vacancy in the membership shall be filled for the balance of the unexpired term in the same manner as the original appointment was made.

(d) The Governor shall designate one (1) member appointed from the state at large as the chairperson of the committee.

(e) A majority of the committee shall constitute a quorum for the transaction of business.

(f) (1) Members of the committee shall serve without compensation but, to the extent moneys are appropriated by the General Assembly, may receive expense reimbursement in accordance with § 25-16-902 and may receive stipends in accordance with § 25-16-903 . (2) However, members of the committee shall not receive stipend payments under § 25-16-903 for more than four (4) meetings in a twelve-month period.

(1) Members of the committee shall serve without compensation but, to the extent moneys are appropriated by the General Assembly, may receive expense reimbursement in accordance with § 25-16-902 and may receive stipends in accordance with § 25-16-903 .

(2) However, members of the committee shall not receive stipend payments under § 25-16-903 for more than four (4) meetings in a twelve-month period.

Acts 2007, No. 1583, §§ 1.
Ark. Code Ann. § 25-18-603 — AR Code / Title 25 / Chapter 18 / Subchapter 6 / Section 25-18-603
Definitions
Status: in_force

As used in this subchapter: (1) "Public records" means the same as defined in § 25-19-103(7)(A) ; and (2) (A) "State agencies" means all state departments, boards, and commissions. (B) "State agencies" does not include: (i) The elected constitutional officers and their staffs; (ii) The General Assembly and its committees and staffs; (iii) The Supreme Court; (iv) The Court of Appeals; (v) The Administrative Office of the Courts; and (vi) Public institutions of higher education with respect to academic, research, health care, and existing information and technology applications and underlying support. Acts 2005, No. 918, § 1; 2007, No. 751, § 20.

As used in this subchapter:

(1) "Public records" means the same as defined in § 25-19-103(7)(A) ; and

(2) (A) "State agencies" means all state departments, boards, and commissions. (B) "State agencies" does not include: (i) The elected constitutional officers and their staffs; (ii) The General Assembly and its committees and staffs; (iii) The Supreme Court; (iv) The Court of Appeals; (v) The Administrative Office of the Courts; and (vi) Public institutions of higher education with respect to academic, research, health care, and existing information and technology applications and underlying support.

(A) "State agencies" means all state departments, boards, and commissions.

(B) "State agencies" does not include: (i) The elected constitutional officers and their staffs; (ii) The General Assembly and its committees and staffs; (iii) The Supreme Court; (iv) The Court of Appeals; (v) The Administrative Office of the Courts; and (vi) Public institutions of higher education with respect to academic, research, health care, and existing information and technology applications and underlying support.

(i) The elected constitutional officers and their staffs;

(ii) The General Assembly and its committees and staffs;

(iii) The Supreme Court;

(iv) The Court of Appeals;

(v) The Administrative Office of the Courts; and

(vi) Public institutions of higher education with respect to academic, research, health care, and existing information and technology applications and underlying support.

Acts 2005, No. 918, § 1; 2007, No. 751, § 20.
Ark. Code Ann. § 25-41-102 — AR Code / Title 25 / Chapter 41 / Section 25-41-102
Duties
Status: in_force

(a) The Daisy Gatson Bates Holiday Committee shall have the following duties: (1) To promote among the people of Arkansas, by appropriate activities, both awareness and appreciation of the civil rights movement and advocacy of the principles and legacy of Ms. Daisy Gatson Bates; (2) To promote principles of mentoring and leadership; (3) To promote racial harmony, understanding, respect, and goodwill among all citizens of Arkansas; and (4) To develop, coordinate, and advise the Governor and the General Assembly of appropriate ceremonies and activities throughout the state relating to the observance of the Daisy Gatson Bates holiday. (b) The committee may receive donations and contributions from individuals and public and private organizations in order to carry out its responsibilities. Acts 2007, No. 1583, § 1.

(a) The Daisy Gatson Bates Holiday Committee shall have the following duties: (1) To promote among the people of Arkansas, by appropriate activities, both awareness and appreciation of the civil rights movement and advocacy of the principles and legacy of Ms. Daisy Gatson Bates; (2) To promote principles of mentoring and leadership; (3) To promote racial harmony, understanding, respect, and goodwill among all citizens of Arkansas; and (4) To develop, coordinate, and advise the Governor and the General Assembly of appropriate ceremonies and activities throughout the state relating to the observance of the Daisy Gatson Bates holiday.

(1) To promote among the people of Arkansas, by appropriate activities, both awareness and appreciation of the civil rights movement and advocacy of the principles and legacy of Ms. Daisy Gatson Bates;

(2) To promote principles of mentoring and leadership;

(3) To promote racial harmony, understanding, respect, and goodwill among all citizens of Arkansas; and

(4) To develop, coordinate, and advise the Governor and the General Assembly of appropriate ceremonies and activities throughout the state relating to the observance of the Daisy Gatson Bates holiday.

(b) The committee may receive donations and contributions from individuals and public and private organizations in order to carry out its responsibilities.

Acts 2007, No. 1583, § 1.
Ark. Code Ann. § 25-10-501 — AR Code / Title 25 / Chapter 10 / Subchapter 5 / Section 25-10-501
Vocational trainees
Status: in_force

(a) It is the intent of the General Assembly that the authorization of certain vocational trainee positions shall facilitate the Department of Human Services' ability to provide for residents who are not part of a regular vocational training program. (b) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may provide employment opportunities for some of the working residents who are separate from the currently authorized regular vocational trainee positions. (2) The positions authorized in this subsection shall not be incorporated into the present classification system but shall be provided for by each community mental health center or the Arkansas State Hospital, on a cash account basis. Added by Act 2023, No. 866,§ 14, eff. 7/1/2023.

(a) It is the intent of the General Assembly that the authorization of certain vocational trainee positions shall facilitate the Department of Human Services' ability to provide for residents who are not part of a regular vocational training program.

(b) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may provide employment opportunities for some of the working residents who are separate from the currently authorized regular vocational trainee positions. (2) The positions authorized in this subsection shall not be incorporated into the present classification system but shall be provided for by each community mental health center or the Arkansas State Hospital, on a cash account basis.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may provide employment opportunities for some of the working residents who are separate from the currently authorized regular vocational trainee positions.

(2) The positions authorized in this subsection shall not be incorporated into the present classification system but shall be provided for by each community mental health center or the Arkansas State Hospital, on a cash account basis.

Added by Act 2023, No. 866,§ 14, eff. 7/1/2023.
Ark. Code Ann. § 25-31-103 — AR Code / Title 25 / Chapter 31 / Section 25-31-103
Definitions
Status: in_force

As used in this chapter the term: (1) "Electronic signature" means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is: (A) Unique to the person using it; (B) Capable of verification; (C) Under the sole control of the person using it; and (D) Linked to data in such a manner that if the data are changed the electronic signature is invalidated; (2) "Electronic signature verification company" means a company providing verification of an electronic signature. An electronic signature verification company shall obtain a surety bond in the amount of two hundred fifty thousand dollars ($250,000); (3) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions; and (4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes both electronic records and printed, typewritten, and tangible records. Acts 1999, No. 718, § 3.

As used in this chapter the term:

(1) "Electronic signature" means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is: (A) Unique to the person using it; (B) Capable of verification; (C) Under the sole control of the person using it; and (D) Linked to data in such a manner that if the data are changed the electronic signature is invalidated;

(A) Unique to the person using it;

(B) Capable of verification;

(C) Under the sole control of the person using it; and

(D) Linked to data in such a manner that if the data are changed the electronic signature is invalidated;

(2) "Electronic signature verification company" means a company providing verification of an electronic signature. An electronic signature verification company shall obtain a surety bond in the amount of two hundred fifty thousand dollars ($250,000);

(3) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions; and

(4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes both electronic records and printed, typewritten, and tangible records.

Acts 1999, No. 718, § 3.
Ark. Code Ann. § 25-1-118 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-118
Electronic filing of reports
Status: in_force

(a) As used in this section: (1) "Entity of the state" means: (A) A state agency; (B) The Governor; (C) The Lieutenant Governor; (D) The Attorney General; (E) The Secretary of State; (F) The Auditor of State; (G) The Treasurer of State; (H) The Commissioner of State Lands; (I) The General Assembly; and (J) A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and (2) "State agency" means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education. (b) A state agency required by Arkansas law to file a report, including without limitation a written report, with an entity of the state shall: (1) File the report in electronic form; and (2) (A) Post the report on its Internet website, if applicable. (B) This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law. Acts 2011, No. 742, § 1.

(a) As used in this section: (1) "Entity of the state" means: (A) A state agency; (B) The Governor; (C) The Lieutenant Governor; (D) The Attorney General; (E) The Secretary of State; (F) The Auditor of State; (G) The Treasurer of State; (H) The Commissioner of State Lands; (I) The General Assembly; and (J) A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and (2) "State agency" means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education.

(1) "Entity of the state" means: (A) A state agency; (B) The Governor; (C) The Lieutenant Governor; (D) The Attorney General; (E) The Secretary of State; (F) The Auditor of State; (G) The Treasurer of State; (H) The Commissioner of State Lands; (I) The General Assembly; and (J) A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and

(A) A state agency;

(B) The Governor;

(C) The Lieutenant Governor;

(D) The Attorney General;

(E) The Secretary of State;

(F) The Auditor of State;

(G) The Treasurer of State;

(H) The Commissioner of State Lands;

(I) The General Assembly; and

(J) A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and

(2) "State agency" means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education.

(b) A state agency required by Arkansas law to file a report, including without limitation a written report, with an entity of the state shall: (1) File the report in electronic form; and (2) (A) Post the report on its Internet website, if applicable. (B) This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law.

(1) File the report in electronic form; and

(2) (A) Post the report on its Internet website, if applicable. (B) This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law.

(A) Post the report on its Internet website, if applicable.

(B) This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law.

Acts 2011, No. 742, § 1.
Ark. Code Ann. § 25-30-106 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-106
Division of Career and Technical Education
Status: in_force

There is created the Division of Career and Technical Education within the Department of Education. Amended by Act 2019, No. 910,§ 2390, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Amended by Act 2013, No. 1438,§ 1, eff. 8/16/2013. Acts 1999, No. 1323, § 58; 2009, No. 787, § 4.

There is created the Division of Career and Technical Education within the Department of Education.

Amended by Act 2019, No. 910,§ 2390, eff. 7/1/2019.

Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.

Amended by Act 2013, No. 1438,§ 1, eff. 8/16/2013.

Acts 1999, No. 1323, § 58; 2009, No. 787, § 4.
Ark. Code Ann. § 25-43-503 — AR Code / Title 25 / Chapter 43 / Subchapter 5 / Section 25-43-503
Secretary of the Department of Education
Status: in_force

(a) The executive head of the Department of Education shall be the Secretary of the Department of Education. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) (1) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (2) (A) The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary. (B) The designee of the secretary may vote on behalf of the secretary. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. (g) The appropriation for the salary of the secretary shall be the sole and exclusive authority for his or her salary. (h) The secretary shall: (1) Devote all of his or her working time exclusively to the performance of his or her duties as secretary; (2) Not accept any additional salary from any other source, including without limitation a state, federal, or private entity or person, for the performance of his or her duties as secretary; and (3) Not accept any salary, fees, or compensation from any other source, including without limitation a state, federal, or private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any other public or private entity. (i) This section does not prohibit the secretary from accepting or receiving expense reimbursements and employee benefits as provided under state law. Amended by Act 2023, No. 871,§ 26, eff. 7/1/2023. Amended by Act 2021, No. 413,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 321,§ 2, eff. 7/28/2021. Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.

(a) The executive head of the Department of Education shall be the Secretary of the Department of Education.

(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(c) Each division of the department shall be under the direction, control, and supervision of the secretary.

(d) (1) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (2) (A) The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary. (B) The designee of the secretary may vote on behalf of the secretary.

(1) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(2) (A) The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary. (B) The designee of the secretary may vote on behalf of the secretary.

(A) The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary.

(B) The designee of the secretary may vote on behalf of the secretary.

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(1) Hire department personnel;

(2) Perform or assign duties assigned to the department; and

(3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(g) The appropriation for the salary of the secretary shall be the sole and exclusive authority for his or her salary.

(h) The secretary shall: (1) Devote all of his or her working time exclusively to the performance of his or her duties as secretary; (2) Not accept any additional salary from any other source, including without limitation a state, federal, or private entity or person, for the performance of his or her duties as secretary; and (3) Not accept any salary, fees, or compensation from any other source, including without limitation a state, federal, or private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any other public or private entity.

(1) Devote all of his or her working time exclusively to the performance of his or her duties as secretary;

(2) Not accept any additional salary from any other source, including without limitation a state, federal, or private entity or person, for the performance of his or her duties as secretary; and

(3) Not accept any salary, fees, or compensation from any other source, including without limitation a state, federal, or private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any other public or private entity.

(i) This section does not prohibit the secretary from accepting or receiving expense reimbursements and employee benefits as provided under state law.

Amended by Act 2023, No. 871,§ 26, eff. 7/1/2023.

Amended by Act 2021, No. 413,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 321,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Ark. Code Ann. § 25-15-221 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-221
Electronic filing system
Status: in_force

The Bureau of Legislative Research, in consultation with the Secretary of State, may develop an electronic filing system to work in conjunction with the Code of Arkansas Rules to facilitate the filing requirements for a rule under Arkansas law, including without limitation the filing of a final rule. Added by Act 2023, No. 80,§ 2, eff. 8/1/2023.

The Bureau of Legislative Research, in consultation with the Secretary of State, may develop an electronic filing system to work in conjunction with the Code of Arkansas Rules to facilitate the filing requirements for a rule under Arkansas law, including without limitation the filing of a final rule.

Added by Act 2023, No. 80,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 25-1-504 — AR Code / Title 25 / Chapter 1 / Subchapter 5 / Section 25-1-504
Prohibition on direct investments in companies that boycott Israel
Status: in_force

(a) (1) A public entity through its asset managers shall identify all companies that boycott Israel and assemble those identified companies into a list of restricted companies to be distributed to each retirement system. (2) For each company newly identified and added to the list of restricted companies, the public entity through its asset managers shall send a written notice informing the company of its status and that it may become subject to divestment by the public entity. (3) If, following the engagement by the public entity through its asset managers with a restricted company, that company ceases activity that designates it as a restricted company and submits a written certification to the public entity that it shall not reengage in such activity for the duration of any investment by the public entity, the company shall be removed from the restricted companies list. (4) The public entity shall keep and maintain the list of restricted companies and all written certifications from restricted and previously restricted companies. (b) (1) The public entity shall adhere to the following procedures for companies on the list of restricted companies: (A) Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings; (B) The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and (C) Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section. (2) The public entity shall not acquire securities of restricted companies as part of direct holdings. (c) (1) Subsection (b) of this section does not apply to the public entity's indirect holdings or private market funds. (2) The public entity shall submit letters to the managers of those investment funds identifying restricted companies and requesting that those investment funds consider removing the investments in the restricted companies from the funds. (d) The costs associated with the divestment activities of the public entity shall be borne by the respective public entity. (e) With respect to actions taken in compliance with this section, including all good-faith determinations regarding companies as required under this section, any statewide retirement system and the Arkansas Development Finance Authority are exempt from any conflicting statutory or common law obligations, including any fiduciary duties and any obligations with respect to choice of asset managers, investment funds, or investments for the statewide retirement systems' portfolios. Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.

(a) (1) A public entity through its asset managers shall identify all companies that boycott Israel and assemble those identified companies into a list of restricted companies to be distributed to each retirement system. (2) For each company newly identified and added to the list of restricted companies, the public entity through its asset managers shall send a written notice informing the company of its status and that it may become subject to divestment by the public entity. (3) If, following the engagement by the public entity through its asset managers with a restricted company, that company ceases activity that designates it as a restricted company and submits a written certification to the public entity that it shall not reengage in such activity for the duration of any investment by the public entity, the company shall be removed from the restricted companies list. (4) The public entity shall keep and maintain the list of restricted companies and all written certifications from restricted and previously restricted companies.

(1) A public entity through its asset managers shall identify all companies that boycott Israel and assemble those identified companies into a list of restricted companies to be distributed to each retirement system.

(2) For each company newly identified and added to the list of restricted companies, the public entity through its asset managers shall send a written notice informing the company of its status and that it may become subject to divestment by the public entity.

(3) If, following the engagement by the public entity through its asset managers with a restricted company, that company ceases activity that designates it as a restricted company and submits a written certification to the public entity that it shall not reengage in such activity for the duration of any investment by the public entity, the company shall be removed from the restricted companies list.

(4) The public entity shall keep and maintain the list of restricted companies and all written certifications from restricted and previously restricted companies.

(b) (1) The public entity shall adhere to the following procedures for companies on the list of restricted companies: (A) Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings; (B) The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and (C) Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section. (2) The public entity shall not acquire securities of restricted companies as part of direct holdings.

(1) The public entity shall adhere to the following procedures for companies on the list of restricted companies: (A) Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings; (B) The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and (C) Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section.

(A) Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings;

(B) The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and

(C) Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section.

(2) The public entity shall not acquire securities of restricted companies as part of direct holdings.

(c) (1) Subsection (b) of this section does not apply to the public entity's indirect holdings or private market funds. (2) The public entity shall submit letters to the managers of those investment funds identifying restricted companies and requesting that those investment funds consider removing the investments in the restricted companies from the funds.

(1) Subsection (b) of this section does not apply to the public entity's indirect holdings or private market funds.

(2) The public entity shall submit letters to the managers of those investment funds identifying restricted companies and requesting that those investment funds consider removing the investments in the restricted companies from the funds.

(d) The costs associated with the divestment activities of the public entity shall be borne by the respective public entity.

(e) With respect to actions taken in compliance with this section, including all good-faith determinations regarding companies as required under this section, any statewide retirement system and the Arkansas Development Finance Authority are exempt from any conflicting statutory or common law obligations, including any fiduciary duties and any obligations with respect to choice of asset managers, investment funds, or investments for the statewide retirement systems' portfolios.

Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-1-110 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-110
Cost-effectiveness of state-owned vehicles
Status: in_force

(a) Each agency shall ensure that the purchase and continued ownership of state-owned vehicles is cost effective for the agency. (b) (1) Each agency shall determine if the purchase or continued ownership of a vehicle is cost effective based upon a comparison between state vehicle ownership and private car mileage reimbursement break-even points, as established pursuant to rules promulgated by the Department of Finance and Administration. (2) The comparison shall be based upon the previous year's use of the state-owned vehicle. (c) On June 1 of every year, each agency shall provide the department a report including: (1) The number of agency vehicles; (2) The mileage used on the agency vehicles; (3) Any private car mileage reimbursements; and (4) Justification for retention of all vehicles identified as under-utilized. (d) By September 1 of each year, the department shall provide each agency and the Legislative Council with recommendations concerning the continued ownership of state-owned vehicles by each agency. (e) The provisions of this section do not apply to institutions of higher education and vocational technical institutes. Amended by Act 2019, No. 315,§ 2905, eff. 7/24/2019. Amended by Act 2015, No. 218,§ 26, eff. 2/26/2015. Acts 2001, No. 1711, § 1; 2009, No. 1405, § 49.

(a) Each agency shall ensure that the purchase and continued ownership of state-owned vehicles is cost effective for the agency.

(b) (1) Each agency shall determine if the purchase or continued ownership of a vehicle is cost effective based upon a comparison between state vehicle ownership and private car mileage reimbursement break-even points, as established pursuant to rules promulgated by the Department of Finance and Administration. (2) The comparison shall be based upon the previous year's use of the state-owned vehicle.

(1) Each agency shall determine if the purchase or continued ownership of a vehicle is cost effective based upon a comparison between state vehicle ownership and private car mileage reimbursement break-even points, as established pursuant to rules promulgated by the Department of Finance and Administration.

(2) The comparison shall be based upon the previous year's use of the state-owned vehicle.

(c) On June 1 of every year, each agency shall provide the department a report including: (1) The number of agency vehicles; (2) The mileage used on the agency vehicles; (3) Any private car mileage reimbursements; and (4) Justification for retention of all vehicles identified as under-utilized.

(1) The number of agency vehicles;

(2) The mileage used on the agency vehicles;

(3) Any private car mileage reimbursements; and

(4) Justification for retention of all vehicles identified as under-utilized.

(d) By September 1 of each year, the department shall provide each agency and the Legislative Council with recommendations concerning the continued ownership of state-owned vehicles by each agency.

(e) The provisions of this section do not apply to institutions of higher education and vocational technical institutes.

Amended by Act 2019, No. 315,§ 2905, eff. 7/24/2019.

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

Acts 2001, No. 1711, § 1; 2009, No. 1405, § 49.
Ark. Code Ann. § 25-10-108 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-108
Coordination of programs, procedures, etc., of department and institutional boards
Status: in_force

In addition to the functions and duties provided by law to be performed by the Secretary of the Department of Human Services, the secretary shall direct those divisions, offices, sections, or units of the Department of Human Services which he or she may designate to: (1) Serve in a liaison capacity for the department and the secretary thereof with the boards and the directors of the various institutional facilities of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in efforts to coordinate services provided citizens of this state through those institutions with programs of the department for the benefit of neglected, dependent, and delinquent juveniles, individuals with mental illness, and individuals with intellectual disabilities or individuals with developmental disabilities of this state; (2) Cooperate with the administrators of the various institutions under the direction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in the administration of fiscal and budgetary policies applicable to all divisions and programs of the department as promulgated by the secretary thereof and as directed by the Chief Fiscal Officer of the State; (3) Offer assistance to the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in developing biennial budgets and annual, quarterly, and monthly fiscal plans for the operation of those institutions and assist the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services in complying with the budget and fiscal policies promulgated by the secretary for the control and management of the funds made available to the department and its various offices, divisions, programs, and institutions. In connection therewith, the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be furnished records of all accounts, expenditures, funds, and fund balances available to each institution for its operation and support; (4) (A) Coordinate, with each institution and its administrator under the control and direction of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department, the purchasing policies and procedures of the department as promulgated by the secretary thereof to assure that all those institutions comply with the uniform purchasing practices and policies of the department and with the Arkansas Procurement Law, § 19-11-201 et seq., and the rules promulgated thereunder by the State Procurement Director. (B) However, each of the various institutions under the control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department is authorized to have institutional purchasing officials who shall be authorized to make purchases in behalf of those institutions which are not within the exclusive jurisdiction of the State Procurement Director, but all such purchases shall be made in compliance with the uniform purchasing practices and policies promulgated by the secretary to be applicable to all divisions, offices, sections, or units of the department and shall be in conformance with the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated by the State Procurement Director; and (5) (A) Coordinate the policies promulgated by the secretary for the administration of personnel and personnel records within the various divisions, offices, sections, or units of the department with the Department of Human Services State Institutional System Board, the Board of Developmental Disabilities Services within the department, and the administrators of each of those institutions to assure that all employee records and personnel records conform to the personnel policies and records promulgated by the secretary and to the personnel policies and practices laws of the State of Arkansas. (B) Nothing in this act shall prohibit or restrict the right of each of the institutional boards to employ, promote, discipline, or discharge any employee of any of those institutions so long as those actions are within the overall policies and procedures promulgated by the secretary governing employee practices or actions. Amended by Act 2019, No. 315,§ 2915, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5246, eff. 7/1/2019. Acts 1985, No. 348, § 9; A.S.A. 1947, § 5-912f.

In addition to the functions and duties provided by law to be performed by the Secretary of the Department of Human Services, the secretary shall direct those divisions, offices, sections, or units of the Department of Human Services which he or she may designate to:

(1) Serve in a liaison capacity for the department and the secretary thereof with the boards and the directors of the various institutional facilities of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in efforts to coordinate services provided citizens of this state through those institutions with programs of the department for the benefit of neglected, dependent, and delinquent juveniles, individuals with mental illness, and individuals with intellectual disabilities or individuals with developmental disabilities of this state;

(2) Cooperate with the administrators of the various institutions under the direction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in the administration of fiscal and budgetary policies applicable to all divisions and programs of the department as promulgated by the secretary thereof and as directed by the Chief Fiscal Officer of the State;

(3) Offer assistance to the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department in developing biennial budgets and annual, quarterly, and monthly fiscal plans for the operation of those institutions and assist the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services in complying with the budget and fiscal policies promulgated by the secretary for the control and management of the funds made available to the department and its various offices, divisions, programs, and institutions. In connection therewith, the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be furnished records of all accounts, expenditures, funds, and fund balances available to each institution for its operation and support;

(4) (A) Coordinate, with each institution and its administrator under the control and direction of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department, the purchasing policies and procedures of the department as promulgated by the secretary thereof to assure that all those institutions comply with the uniform purchasing practices and policies of the department and with the Arkansas Procurement Law, § 19-11-201 et seq., and the rules promulgated thereunder by the State Procurement Director. (B) However, each of the various institutions under the control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department is authorized to have institutional purchasing officials who shall be authorized to make purchases in behalf of those institutions which are not within the exclusive jurisdiction of the State Procurement Director, but all such purchases shall be made in compliance with the uniform purchasing practices and policies promulgated by the secretary to be applicable to all divisions, offices, sections, or units of the department and shall be in conformance with the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated by the State Procurement Director; and

(A) Coordinate, with each institution and its administrator under the control and direction of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department, the purchasing policies and procedures of the department as promulgated by the secretary thereof to assure that all those institutions comply with the uniform purchasing practices and policies of the department and with the Arkansas Procurement Law, § 19-11-201 et seq., and the rules promulgated thereunder by the State Procurement Director.

(B) However, each of the various institutions under the control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the department is authorized to have institutional purchasing officials who shall be authorized to make purchases in behalf of those institutions which are not within the exclusive jurisdiction of the State Procurement Director, but all such purchases shall be made in compliance with the uniform purchasing practices and policies promulgated by the secretary to be applicable to all divisions, offices, sections, or units of the department and shall be in conformance with the Arkansas Procurement Law, § 19-11-201 et seq., and rules promulgated by the State Procurement Director; and

(5) (A) Coordinate the policies promulgated by the secretary for the administration of personnel and personnel records within the various divisions, offices, sections, or units of the department with the Department of Human Services State Institutional System Board, the Board of Developmental Disabilities Services within the department, and the administrators of each of those institutions to assure that all employee records and personnel records conform to the personnel policies and records promulgated by the secretary and to the personnel policies and practices laws of the State of Arkansas. (B) Nothing in this act shall prohibit or restrict the right of each of the institutional boards to employ, promote, discipline, or discharge any employee of any of those institutions so long as those actions are within the overall policies and procedures promulgated by the secretary governing employee practices or actions.

(A) Coordinate the policies promulgated by the secretary for the administration of personnel and personnel records within the various divisions, offices, sections, or units of the department with the Department of Human Services State Institutional System Board, the Board of Developmental Disabilities Services within the department, and the administrators of each of those institutions to assure that all employee records and personnel records conform to the personnel policies and records promulgated by the secretary and to the personnel policies and practices laws of the State of Arkansas.

(B) Nothing in this act shall prohibit or restrict the right of each of the institutional boards to employ, promote, discipline, or discharge any employee of any of those institutions so long as those actions are within the overall policies and procedures promulgated by the secretary governing employee practices or actions.

Amended by Act 2019, No. 315,§ 2915, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5246, eff. 7/1/2019.

Acts 1985, No. 348, § 9; A.S.A. 1947, § 5-912f.
Ark. Code Ann. § 25-16-503 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-503
Seal
Status: in_force

The Auditor of State shall keep a seal of office, which shall be used to authenticate all writings, papers, and documents required by law to be certified from his or her office. Rev. Stat., ch. 18, § 6; C. & M. Dig., § 4443; Pope's Dig., § 5478; A.S.A. 1947, § 12-504.

The Auditor of State shall keep a seal of office, which shall be used to authenticate all writings, papers, and documents required by law to be certified from his or her office.

Rev. Stat., ch. 18, § 6; C. & M. Dig., § 4443; Pope's Dig., § 5478; A.S.A. 1947, § 12-504.
Ark. Code Ann. § 25-17-302 — AR Code / Title 25 / Chapter 17 / Subchapter 3 / Section 25-17-302
Applicability - Cumulative effect
Status: in_force

(a) This subchapter shall apply to and encompass all lands, buildings, and improvements which are owned by each respective state institution which may be owned by the State of Arkansas for the use of the institution, or which may be under the control of the institution but is not to be interpreted as in any way interfering with the ownership and control which is by law vested in the governing board of each institution as to its lands, buildings, and improvements. (b) The provisions of this subchapter shall be cumulative to any remedies which each institution may possess for enforcing its rules, including its rights to impose sanctions through fees and charges and its rights to discipline, deny service, and expel. Amended by Act 2019, No. 315,§ 2925, eff. 7/24/2019. Acts 1967, No. 328, § 6; A.S.A. 1947, § 7-117.

(a) This subchapter shall apply to and encompass all lands, buildings, and improvements which are owned by each respective state institution which may be owned by the State of Arkansas for the use of the institution, or which may be under the control of the institution but is not to be interpreted as in any way interfering with the ownership and control which is by law vested in the governing board of each institution as to its lands, buildings, and improvements.

(b) The provisions of this subchapter shall be cumulative to any remedies which each institution may possess for enforcing its rules, including its rights to impose sanctions through fees and charges and its rights to discipline, deny service, and expel.

Amended by Act 2019, No. 315,§ 2925, eff. 7/24/2019.

Acts 1967, No. 328, § 6; A.S.A. 1947, § 7-117.
Ark. Code Ann. § 25-1-901 — AR Code / Title 25 / Chapter 1 / Subchapter 9 / Section 25-1-901
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Divisive concept" means the concept that: (i) One race or sex is inherently superior to another race or sex; (ii) The State of Arkansas or the United States is fundamentally racist or sexist; (iii) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iv) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (v) An individual's moral character is necessarily determined by his or her race or sex; (vi) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (vii) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (viii) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. (B) The term "divisive concept" includes any other form of race or sex stereotyping or any other form of race or sex scapegoating; (2) (A) "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. (B) "Race or sex scapegoating" encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others; (3) "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex; and (4) (A) "State entity" means an instrumentality of state government, including: (i) The Department of Agriculture; (ii) The Department of Commerce; (iii) The Department of Corrections; (iv) The Department of Education; (v) The Department of Energy and Environment; (vi) The Department of Finance and Administration; (vii) The Department of Health; (viii) The Department of Human Services; (ix) The Department of Inspector General; (x) The Department of Labor and Licensing; (xi) The Department of the Military; (xii) The Department of Parks, Heritage, and Tourism; (xiii) The Department of Public Safety; (xiv) The Department of Transformation and Shared Services; and (xv) The Department of Veterans Affairs. (B) "State entity" does not include: (i) Political subdivisions of the state; (ii) Public schools; (iii) Charter schools; (iv) Institutions of higher education; (v) The offices of constitutional officers; or (vi) Law enforcement training certified by the Arkansas Commission on Law Enforcement Standards and Training. Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.

As used in this subchapter:

(1) (A) "Divisive concept" means the concept that: (i) One race or sex is inherently superior to another race or sex; (ii) The State of Arkansas or the United States is fundamentally racist or sexist; (iii) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iv) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (v) An individual's moral character is necessarily determined by his or her race or sex; (vi) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (vii) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (viii) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. (B) The term "divisive concept" includes any other form of race or sex stereotyping or any other form of race or sex scapegoating;

(A) "Divisive concept" means the concept that: (i) One race or sex is inherently superior to another race or sex; (ii) The State of Arkansas or the United States is fundamentally racist or sexist; (iii) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iv) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (v) An individual's moral character is necessarily determined by his or her race or sex; (vi) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (vii) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (viii) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(i) One race or sex is inherently superior to another race or sex;

(ii) The State of Arkansas or the United States is fundamentally racist or sexist;

(iii) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(iv) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(v) An individual's moral character is necessarily determined by his or her race or sex;

(vi) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(vii) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(viii) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(B) The term "divisive concept" includes any other form of race or sex stereotyping or any other form of race or sex scapegoating;

(2) (A) "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. (B) "Race or sex scapegoating" encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others;

(A) "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

(B) "Race or sex scapegoating" encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others;

(3) "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex; and

(4) (A) "State entity" means an instrumentality of state government, including: (i) The Department of Agriculture; (ii) The Department of Commerce; (iii) The Department of Corrections; (iv) The Department of Education; (v) The Department of Energy and Environment; (vi) The Department of Finance and Administration; (vii) The Department of Health; (viii) The Department of Human Services; (ix) The Department of Inspector General; (x) The Department of Labor and Licensing; (xi) The Department of the Military; (xii) The Department of Parks, Heritage, and Tourism; (xiii) The Department of Public Safety; (xiv) The Department of Transformation and Shared Services; and (xv) The Department of Veterans Affairs. (B) "State entity" does not include: (i) Political subdivisions of the state; (ii) Public schools; (iii) Charter schools; (iv) Institutions of higher education; (v) The offices of constitutional officers; or (vi) Law enforcement training certified by the Arkansas Commission on Law Enforcement Standards and Training.

(A) "State entity" means an instrumentality of state government, including: (i) The Department of Agriculture; (ii) The Department of Commerce; (iii) The Department of Corrections; (iv) The Department of Education; (v) The Department of Energy and Environment; (vi) The Department of Finance and Administration; (vii) The Department of Health; (viii) The Department of Human Services; (ix) The Department of Inspector General; (x) The Department of Labor and Licensing; (xi) The Department of the Military; (xii) The Department of Parks, Heritage, and Tourism; (xiii) The Department of Public Safety; (xiv) The Department of Transformation and Shared Services; and (xv) The Department of Veterans Affairs.

(i) The Department of Agriculture;

(ii) The Department of Commerce;

(iii) The Department of Corrections;

(iv) The Department of Education;

(v) The Department of Energy and Environment;

(vi) The Department of Finance and Administration;

(vii) The Department of Health;

(viii) The Department of Human Services;

(ix) The Department of Inspector General;

(x) The Department of Labor and Licensing;

(xi) The Department of the Military;

(xii) The Department of Parks, Heritage, and Tourism;

(xiii) The Department of Public Safety;

(xiv) The Department of Transformation and Shared Services; and

(xv) The Department of Veterans Affairs.

(B) "State entity" does not include: (i) Political subdivisions of the state; (ii) Public schools; (iii) Charter schools; (iv) Institutions of higher education; (v) The offices of constitutional officers; or (vi) Law enforcement training certified by the Arkansas Commission on Law Enforcement Standards and Training.

(i) Political subdivisions of the state;

(ii) Public schools;

(iii) Charter schools;

(iv) Institutions of higher education;

(v) The offices of constitutional officers; or

(vi) Law enforcement training certified by the Arkansas Commission on Law Enforcement Standards and Training.

Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 25-20-323 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-323
Construction
Status: in_force

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter. This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds. Acts 2001, No. 982, § 1.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter. This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-29-109 — AR Code / Title 25 / Chapter 29 / Section 25-29-109
Purchase of telecommunications services
Status: in_force

The purchase of telecommunications services by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be by competitive bid using procedures substantially similar to the Arkansas Procurement Law, § 19-11-201 et seq. Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021. Acts 1997, No. 1080, § 9.

The purchase of telecommunications services by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be by competitive bid using procedures substantially similar to the Arkansas Procurement Law, § 19-11-201 et seq.

Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.

Acts 1997, No. 1080, § 9.
Ark. Code Ann. § 25-15-303 — AR Code / Title 25 / Chapter 15 / Subchapter 3 / Section 25-15-303
[Repealed]
Status: repealed

Repealed by Act 2013, No. 759,§ 5, eff. 8/16/2013. Acts 2007, No. 143, § 1; 2009, No. 809, § 1.

Repealed by Act 2013, No. 759,§ 5, eff. 8/16/2013.

Acts 2007, No. 143, § 1; 2009, No. 809, § 1.
Ark. Code Ann. § 25-17-211 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-211
Absence of member from meetings as grounds for removal
Status: in_force

(a) Attendance Required. In order to ensure broad representation and a quorum, all board or commission members have a responsibility to attend all regular or special meetings of the board or commission. (b) Excessive Absences. A board or commission member shall be subject to removal from the board or commission in the event the member shall fail to present to the Governor a satisfactory excuse for his or her absence. Unexcused absences from three (3) successive regular meetings, without attending any intermediary called special meetings, shall constitute sufficient cause for removal. (c) Notice and Removal Procedures. Removal of board or commission members shall be in accordance with the following: (1) (A) Within thirty (30) days after each regular board or commission meeting, the secretary of each board or commission shall notify the Governor in writing of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year; (2) Any board or commission secretary's failing to submit the notices and documentation required by this section shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ; (3) (A) Within sixty (60) days after receiving the notice and supporting documentation from the board or commission secretary, the Governor shall notify the board or commission member in writing of his or her intent to remove the member for cause. (B) This notice shall suffice for the notice required in § 25-17-210(a) ; (4) Within twenty (20) days of the date of the Governor's notice, the member may request an excused absence as provided by this section or may file notice with the Governor's office that the member disputes the attendance records and the reasons thereby; (5) The Governor shall grant an excuse for illness of the member when the illness is verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and (6) After twenty (20) days of the date of the Governor's notice, if no rebuttal is received or other adequate documentation submitted, the member may be removed in accordance with the provisions set forth at § 25-17-210 . (d) Reimbursements Withheld. Any board or commission member referred to the Governor because of excessive absences under the provisions of this section shall not be entitled to any per diem or expense reimbursement for travel or attendance of any subsequent meeting until the board or commission receives notification from the Governor that the member has been excused for the absences. Acts 1947, No. 417, § 3; 1949, No. 75, § 2; 1961, No. 66, § 1; A.S.A. 1947, § 6-603; Acts 1997, No. 219, § 1.

(a) Attendance Required. In order to ensure broad representation and a quorum, all board or commission members have a responsibility to attend all regular or special meetings of the board or commission.

(b) Excessive Absences. A board or commission member shall be subject to removal from the board or commission in the event the member shall fail to present to the Governor a satisfactory excuse for his or her absence. Unexcused absences from three (3) successive regular meetings, without attending any intermediary called special meetings, shall constitute sufficient cause for removal.

(c) Notice and Removal Procedures. Removal of board or commission members shall be in accordance with the following: (1) (A) Within thirty (30) days after each regular board or commission meeting, the secretary of each board or commission shall notify the Governor in writing of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year; (2) Any board or commission secretary's failing to submit the notices and documentation required by this section shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ; (3) (A) Within sixty (60) days after receiving the notice and supporting documentation from the board or commission secretary, the Governor shall notify the board or commission member in writing of his or her intent to remove the member for cause. (B) This notice shall suffice for the notice required in § 25-17-210(a) ; (4) Within twenty (20) days of the date of the Governor's notice, the member may request an excused absence as provided by this section or may file notice with the Governor's office that the member disputes the attendance records and the reasons thereby; (5) The Governor shall grant an excuse for illness of the member when the illness is verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and (6) After twenty (20) days of the date of the Governor's notice, if no rebuttal is received or other adequate documentation submitted, the member may be removed in accordance with the provisions set forth at § 25-17-210 .

(1) (A) Within thirty (30) days after each regular board or commission meeting, the secretary of each board or commission shall notify the Governor in writing of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings. (B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year;

(A) Within thirty (30) days after each regular board or commission meeting, the secretary of each board or commission shall notify the Governor in writing of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings.

(B) The secretary's notice to the Governor shall include a copy of all meeting notices and attendance records for the past year;

(2) Any board or commission secretary's failing to submit the notices and documentation required by this section shall be considered cause for removal by the Governor in accordance with the procedures set forth at § 25-17-210 ;

(3) (A) Within sixty (60) days after receiving the notice and supporting documentation from the board or commission secretary, the Governor shall notify the board or commission member in writing of his or her intent to remove the member for cause. (B) This notice shall suffice for the notice required in § 25-17-210(a) ;

(A) Within sixty (60) days after receiving the notice and supporting documentation from the board or commission secretary, the Governor shall notify the board or commission member in writing of his or her intent to remove the member for cause.

(B) This notice shall suffice for the notice required in § 25-17-210(a) ;

(4) Within twenty (20) days of the date of the Governor's notice, the member may request an excused absence as provided by this section or may file notice with the Governor's office that the member disputes the attendance records and the reasons thereby;

(5) The Governor shall grant an excuse for illness of the member when the illness is verified by a written sworn statement by the attending physician or other proper excuse as determined by the Governor; and

(6) After twenty (20) days of the date of the Governor's notice, if no rebuttal is received or other adequate documentation submitted, the member may be removed in accordance with the provisions set forth at § 25-17-210 .

(d) Reimbursements Withheld. Any board or commission member referred to the Governor because of excessive absences under the provisions of this section shall not be entitled to any per diem or expense reimbursement for travel or attendance of any subsequent meeting until the board or commission receives notification from the Governor that the member has been excused for the absences.

Acts 1947, No. 417, § 3; 1949, No. 75, § 2; 1961, No. 66, § 1; A.S.A. 1947, § 6-603; Acts 1997, No. 219, § 1.
Ark. Code Ann. § 25-1-204 — AR Code / Title 25 / Chapter 1 / Subchapter 2 / Section 25-1-204
Publications to be included in agency budget
Status: in_force

Each state agency shall include in its budget request a list of state publications that are required by statutory law and shall state in writing the reasons for the continued publication or distribution of its publications. Amended by Act 2013, No. 501,§ 7, eff. 8/16/2013. Acts 1999, No. 1276, § 4.

Each state agency shall include in its budget request a list of state publications that are required by statutory law and shall state in writing the reasons for the continued publication or distribution of its publications.

Amended by Act 2013, No. 501,§ 7, eff. 8/16/2013.

Acts 1999, No. 1276, § 4.
Ark. Code Ann. § 25-20-204 — AR Code / Title 25 / Chapter 20 / Subchapter 2 / Section 25-20-204
Tax exempt status of property and income
Status: in_force

(a) Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. (b) Accordingly, all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state. Acts 1995, No. 813, § 2.

(a) Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instrumentality of the participating public agencies.

(b) Accordingly, all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state.

Acts 1995, No. 813, § 2.
Ark. Code Ann. § 25-10-130 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-130
Employee assistance programs - Prohibition of agreement for services
Status: in_force

The Department of Human Services shall not enter into any contract, memorandum of understanding, or interagency agreement for an employee assistance program that provides health-related services such as, but not limited to, drug or alcohol treatment services for the employees of the department. Acts 1995, No. 1198, § 59.

The Department of Human Services shall not enter into any contract, memorandum of understanding, or interagency agreement for an employee assistance program that provides health-related services such as, but not limited to, drug or alcohol treatment services for the employees of the department.

Acts 1995, No. 1198, § 59.
Ark. Code Ann. § 25-16-203 — AR Code / Title 25 / Chapter 16 / Subchapter 2 / Section 25-16-203
Reports to Governor - Inclusion in message to General Assembly
Status: in_force

The Auditor of State and Treasurer of State shall make their respective reports for each regular session to the Governor on or before October 10 next preceding the regular session of the General Assembly. The Governor shall cause the reports to be printed with his or her biennial message and have them ready for the General Assembly on or before the Wednesday of the first week of the regular session of the General Assembly. Acts 1853, § 1, p. 127; C. & M. Dig., § 4387; Pope's Dig., § 5399; A.S.A. 1947, § 12-302; Acts 2009, No. 962, § 46.

The Auditor of State and Treasurer of State shall make their respective reports for each regular session to the Governor on or before October 10 next preceding the regular session of the General Assembly. The Governor shall cause the reports to be printed with his or her biennial message and have them ready for the General Assembly on or before the Wednesday of the first week of the regular session of the General Assembly.

Acts 1853, § 1, p. 127; C. & M. Dig., § 4387; Pope's Dig., § 5399; A.S.A. 1947, § 12-302; Acts 2009, No. 962, § 46.
Ark. Code Ann. § 25-16-514 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-514
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1276,§ 6, eff. 8/16/2013. Rev. Stat., ch. 18, § 41; C. & M. Dig., § 4455; Pope's Dig., § 5490; A.S.A. 1947, § 12-514.

Repealed by Act 2013, No. 1276,§ 6, eff. 8/16/2013.

Rev. Stat., ch. 18, § 41; C. & M. Dig., § 4455; Pope's Dig., § 5490; A.S.A. 1947, § 12-514.
Ark. Code Ann. § 25-43-1302 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1302
State entities transferred to Department of Parks, Heritage, and Tourism
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Parks, Heritage, and Tourism by a cabinet-level transfer: (1) The Advisory Council of the Arkansas Arts Council, created under § 13-8-103 ; (2) The Arkansas Arts Council, created under § 13-8-103 ; (3) The Arkansas Historic Preservation Program, created under § 13-7-106 ; (4) The Arkansas History Commission, created under § 13-3-102 ; (5) [Repealed.] (6) The Arkansas Natural and Cultural Resources Council, created under § 15-12-101 ; (7) The Arkansas Natural Heritage Commission, created under § 15-20-304 ; (8) The Arkansas Post Museum, created under § 13-5-601 ; (9) The Arkansas State Archives, created under § 13-3-101 ; (10) The Black History Commission of Arkansas, created under § 13-3-201 ; (11) The Capitol Zoning District Commission, created under § 22-3-303 ; (12) The Delta Cultural Center Policy Advisory Board, created under § 13-5-704 ; (13) The Department of Arkansas Heritage, created under § 25-3-102 , now to be known as the "Division of Arkansas Heritage"; (14) The Department of Parks and Tourism, created under § 25-13-101 [repealed], now to be known as the "Department of Parks, Heritage, and Tourism", created under § 25-43-1301 , the State Parks Division, created under § 25-43-1304 , and the Tourism Division, created under § 25-43-1305 , as provided under the Transformation and Efficiencies Act of 2019; (15) The Great River Road Division, created under § 25-43-1306 ; (16) The Historic Arkansas Museum Commission, created under § 13-7-302 ; (17) The Keep Arkansas Beautiful Commission, created under § 15-11-601 ; (18) The Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board, created under § 13-5-903 ; (19) The Mosaic Templars of America Center for African-American Culture and Business Enterprise, created under § 13-5-902 ; (20) The Old State House Commission, created under § 13-7-201 ; (21) The State Parks, Recreation, and Travel Commission, created under § 15-11-201 ; and (22) The Ouachita River Commission, created under § 15-23-803 . (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Parks, Heritage, and Tourism in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 365,§ 83, eff. 7/1/2023. Amended by Act 2021, No. 928,§ 5, eff. 7/1/2021. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Parks, Heritage, and Tourism by a cabinet-level transfer: (1) The Advisory Council of the Arkansas Arts Council, created under § 13-8-103 ; (2) The Arkansas Arts Council, created under § 13-8-103 ; (3) The Arkansas Historic Preservation Program, created under § 13-7-106 ; (4) The Arkansas History Commission, created under § 13-3-102 ; (5) [Repealed.] (6) The Arkansas Natural and Cultural Resources Council, created under § 15-12-101 ; (7) The Arkansas Natural Heritage Commission, created under § 15-20-304 ; (8) The Arkansas Post Museum, created under § 13-5-601 ; (9) The Arkansas State Archives, created under § 13-3-101 ; (10) The Black History Commission of Arkansas, created under § 13-3-201 ; (11) The Capitol Zoning District Commission, created under § 22-3-303 ; (12) The Delta Cultural Center Policy Advisory Board, created under § 13-5-704 ; (13) The Department of Arkansas Heritage, created under § 25-3-102 , now to be known as the "Division of Arkansas Heritage"; (14) The Department of Parks and Tourism, created under § 25-13-101 [repealed], now to be known as the "Department of Parks, Heritage, and Tourism", created under § 25-43-1301 , the State Parks Division, created under § 25-43-1304 , and the Tourism Division, created under § 25-43-1305 , as provided under the Transformation and Efficiencies Act of 2019; (15) The Great River Road Division, created under § 25-43-1306 ; (16) The Historic Arkansas Museum Commission, created under § 13-7-302 ; (17) The Keep Arkansas Beautiful Commission, created under § 15-11-601 ; (18) The Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board, created under § 13-5-903 ; (19) The Mosaic Templars of America Center for African-American Culture and Business Enterprise, created under § 13-5-902 ; (20) The Old State House Commission, created under § 13-7-201 ; (21) The State Parks, Recreation, and Travel Commission, created under § 15-11-201 ; and (22) The Ouachita River Commission, created under § 15-23-803 .

(1) The Advisory Council of the Arkansas Arts Council, created under § 13-8-103 ;

(2) The Arkansas Arts Council, created under § 13-8-103 ;

(3) The Arkansas Historic Preservation Program, created under § 13-7-106 ;

(4) The Arkansas History Commission, created under § 13-3-102 ;

(5) [Repealed.]

(6) The Arkansas Natural and Cultural Resources Council, created under § 15-12-101 ;

(7) The Arkansas Natural Heritage Commission, created under § 15-20-304 ;

(8) The Arkansas Post Museum, created under § 13-5-601 ;

(9) The Arkansas State Archives, created under § 13-3-101 ;

(10) The Black History Commission of Arkansas, created under § 13-3-201 ;

(11) The Capitol Zoning District Commission, created under § 22-3-303 ;

(12) The Delta Cultural Center Policy Advisory Board, created under § 13-5-704 ;

(13) The Department of Arkansas Heritage, created under § 25-3-102 , now to be known as the "Division of Arkansas Heritage";

(14) The Department of Parks and Tourism, created under § 25-13-101 [repealed], now to be known as the "Department of Parks, Heritage, and Tourism", created under § 25-43-1301 , the State Parks Division, created under § 25-43-1304 , and the Tourism Division, created under § 25-43-1305 , as provided under the Transformation and Efficiencies Act of 2019;

(15) The Great River Road Division, created under § 25-43-1306 ;

(16) The Historic Arkansas Museum Commission, created under § 13-7-302 ;

(17) The Keep Arkansas Beautiful Commission, created under § 15-11-601 ;

(18) The Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board, created under § 13-5-903 ;

(19) The Mosaic Templars of America Center for African-American Culture and Business Enterprise, created under § 13-5-902 ;

(20) The Old State House Commission, created under § 13-7-201 ;

(21) The State Parks, Recreation, and Travel Commission, created under § 15-11-201 ; and

(22) The Ouachita River Commission, created under § 15-23-803 .

(b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section.

(c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Parks, Heritage, and Tourism under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Parks, Heritage, and Tourism in the same manner as before the creation of the cabinet-level department.

Amended by Act 2023, No. 365,§ 83, eff. 7/1/2023.

Amended by Act 2021, No. 928,§ 5, eff. 7/1/2021.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-1-202 — AR Code / Title 25 / Chapter 1 / Subchapter 2 / Section 25-1-202
Distribution of reports to the General Assembly
Status: in_force

(a) Reports by state agencies that are required to be submitted to the General Assembly shall be submitted only to: (1) The Speaker of the House of Representatives; (2) The President Pro Tempore of the Senate; (3) The member of the General Assembly who was the lead sponsor of the legislation authorizing the preparation of the report; and (4) The Director of the Bureau of Legislative Research. (b) A report required to be submitted to the General Assembly shall be filed in electronic form. Amended by Act 2013, No. 501,§ 5, eff. 8/16/2013. Acts 1999, No. 1276, § 2.

(a) Reports by state agencies that are required to be submitted to the General Assembly shall be submitted only to: (1) The Speaker of the House of Representatives; (2) The President Pro Tempore of the Senate; (3) The member of the General Assembly who was the lead sponsor of the legislation authorizing the preparation of the report; and (4) The Director of the Bureau of Legislative Research.

(1) The Speaker of the House of Representatives;

(2) The President Pro Tempore of the Senate;

(3) The member of the General Assembly who was the lead sponsor of the legislation authorizing the preparation of the report; and

(4) The Director of the Bureau of Legislative Research.

(b) A report required to be submitted to the General Assembly shall be filed in electronic form.

Amended by Act 2013, No. 501,§ 5, eff. 8/16/2013.

Acts 1999, No. 1276, § 2.
Ark. Code Ann. § 25-20-307 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-307
Operation of consolidated waterworks system - Definition
Status: in_force

(a) "Consolidated waterworks system" means and includes real property, personal property, buildings, structures, improvements, equipment, and facilities of a system or systems of a public body formed under this subchapter. (b) (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to construct, own, manage, operate, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain a consolidated waterworks system. (2) The assets of the public body may be located inside and outside the jurisdictions of the public body's participating public agencies. (c) (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates for water, wastewater service, storm water service, and other goods and services provided by the public body. (2) A public body shall have a reasonable time after its creation or after its expansion by the addition of a new participating public agency to equalize any differentials in rates among similarly situated classes of customers. (3) It shall be a complete defense to any suit or claim based on the charging of differential rates for similarly situated classes of customers that: (A) Within one (1) year of the creation or expansion of the public body, an independent expert completes a study of rates charged customers that shows a differential in rates among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the related infrastructure located within the jurisdiction of each participating public agency that identifies improvements needed to create a uniform infrastructure quality throughout the jurisdictions, rate differentials among otherwise similarly situated classes of customers are reasonably calculated to recover from customers located in the respective jurisdictions in which the improvements are made the costs incurred in making the improvements in such jurisdictions, and the public body equalizes rates among similarly situated classes of customers within ten (10) years after the date of the engineering study. (d) The inability of a public body to rely upon either safe harbor defense set out in subdivisions (c)(3)(A) and (B) of this section shall not create any implication that the public body has failed to equalize any differentials in rates among similarly situated classes of customers within a reasonable period of time after its creation or expansion. Amended by Act 2019, No. 613,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 613,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 711,§ 7, eff. 3/27/2017. Amended by Act 2017, No. 711,§ 6, eff. 3/27/2017. Amended by Act 2017, No. 711,§ 5, eff. 3/27/2017. Amended by Act 2017, No. 711,§ 4, eff. 3/27/2017. Acts 2001, No. 982, § 1.

(a) "Consolidated waterworks system" means and includes real property, personal property, buildings, structures, improvements, equipment, and facilities of a system or systems of a public body formed under this subchapter.

(b) (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to construct, own, manage, operate, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain a consolidated waterworks system. (2) The assets of the public body may be located inside and outside the jurisdictions of the public body's participating public agencies.

(1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to construct, own, manage, operate, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain a consolidated waterworks system.

(2) The assets of the public body may be located inside and outside the jurisdictions of the public body's participating public agencies.

(c) (1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates for water, wastewater service, storm water service, and other goods and services provided by the public body. (2) A public body shall have a reasonable time after its creation or after its expansion by the addition of a new participating public agency to equalize any differentials in rates among similarly situated classes of customers. (3) It shall be a complete defense to any suit or claim based on the charging of differential rates for similarly situated classes of customers that: (A) Within one (1) year of the creation or expansion of the public body, an independent expert completes a study of rates charged customers that shows a differential in rates among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the related infrastructure located within the jurisdiction of each participating public agency that identifies improvements needed to create a uniform infrastructure quality throughout the jurisdictions, rate differentials among otherwise similarly situated classes of customers are reasonably calculated to recover from customers located in the respective jurisdictions in which the improvements are made the costs incurred in making the improvements in such jurisdictions, and the public body equalizes rates among similarly situated classes of customers within ten (10) years after the date of the engineering study.

(1) Unless the interlocal agreement provides otherwise, a public body created under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates for water, wastewater service, storm water service, and other goods and services provided by the public body.

(2) A public body shall have a reasonable time after its creation or after its expansion by the addition of a new participating public agency to equalize any differentials in rates among similarly situated classes of customers.

(3) It shall be a complete defense to any suit or claim based on the charging of differential rates for similarly situated classes of customers that: (A) Within one (1) year of the creation or expansion of the public body, an independent expert completes a study of rates charged customers that shows a differential in rates among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the related infrastructure located within the jurisdiction of each participating public agency that identifies improvements needed to create a uniform infrastructure quality throughout the jurisdictions, rate differentials among otherwise similarly situated classes of customers are reasonably calculated to recover from customers located in the respective jurisdictions in which the improvements are made the costs incurred in making the improvements in such jurisdictions, and the public body equalizes rates among similarly situated classes of customers within ten (10) years after the date of the engineering study.

(A) Within one (1) year of the creation or expansion of the public body, an independent expert completes a study of rates charged customers that shows a differential in rates among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates among similarly situated classes of customers within ten (10) years of the date of the rate study; or

(B) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the related infrastructure located within the jurisdiction of each participating public agency that identifies improvements needed to create a uniform infrastructure quality throughout the jurisdictions, rate differentials among otherwise similarly situated classes of customers are reasonably calculated to recover from customers located in the respective jurisdictions in which the improvements are made the costs incurred in making the improvements in such jurisdictions, and the public body equalizes rates among similarly situated classes of customers within ten (10) years after the date of the engineering study.

(d) The inability of a public body to rely upon either safe harbor defense set out in subdivisions (c)(3)(A) and (B) of this section shall not create any implication that the public body has failed to equalize any differentials in rates among similarly situated classes of customers within a reasonable period of time after its creation or expansion.

Amended by Act 2019, No. 613,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 613,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 711,§ 7, eff. 3/27/2017.

Amended by Act 2017, No. 711,§ 6, eff. 3/27/2017.

Amended by Act 2017, No. 711,§ 5, eff. 3/27/2017.

Amended by Act 2017, No. 711,§ 4, eff. 3/27/2017.

Acts 2001, No. 982, § 1.