Ark. Code Ann. § 25-4-102 — AR Code / Title 25 / Chapter 4 / Section 25-4-102
Legislative findings and declaration of intent
Status: in_force

(a) The General Assembly finds and declares information and information resources to be strategic assets of the State of Arkansas and that procedures must be established to ensure that: (1) Information resources are used in an efficient manner; (2) Resources of the Division of Information Systems are used unless an exception is authorized; (3) Information is administered and shared, consistent with requirements for security, privacy, and confidentiality; (4) Information technology acquisitions meet state needs and are consistent with coordinated efforts to maximize standardization and cost effectiveness; (5) State officials have timely access to information in useful forms; and (6) The division complies with applicable state and federal statutory and regulatory provisions. (b) The General Assembly further declares its intent to create a state agency division to: (1) Provide design and management services for the state's core information technology infrastructures; (2) Provide information technology services; (3) Implement appropriate technologies to exchange and share information; and (4) Develop technical standards and specifications and provide technical leadership and guidance to support the state's enterprise architecture. (c) It is also the intent of the General Assembly that the division achieve certain objectives that will better support information technology utilization by other state agencies. These objectives are to: (1) Implement increased capabilities for communication and exchange of information; and (2) Develop and publish mechanisms for more timely acquisition of information technology. (d) (1) The General Assembly further finds and determines that: (A) Information technology services are readily available in the private sector; (B) The public interest would be well served by competition for the provision of such services to the state; (C) Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and (D) Emphasis will be given to encouraging and enabling competition among: (i) Suppliers of such services whenever possible in the administration of this chapter; and (ii) Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter. (2) The division shall consider in the development of the division plan and the Joint Committee on Advanced Communications and Information Technology shall emphasize in its recommendations and policies the availability in the private sector of information technology resources upon a competitive bid basis with a view to assuring the state of the highest reasonable quality of resources at the lowest reasonable cost. (e) (1) In exercising its authority under § 25-4-105 , the division shall competitively procure information technology except as provided in this subsection. (2) The division is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers. (3) Customers of the division are not authorized to use information technology facilities and services provided by the division to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers. Amended by Act 2019, No. 910,§ 6260, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6259, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6258, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6257, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6256, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6255, eff. 7/1/2019. Acts 1977, No. 884, § 24; A.S.A. 1947, § 5-1417; Acts 1997, No. 914, § 2; 2001, No. 1722, § 1; 2005, No. 1999, § 1; 2007, No. 751, § 10; 2009, No. 648, § 1.

(a) The General Assembly finds and declares information and information resources to be strategic assets of the State of Arkansas and that procedures must be established to ensure that: (1) Information resources are used in an efficient manner; (2) Resources of the Division of Information Systems are used unless an exception is authorized; (3) Information is administered and shared, consistent with requirements for security, privacy, and confidentiality; (4) Information technology acquisitions meet state needs and are consistent with coordinated efforts to maximize standardization and cost effectiveness; (5) State officials have timely access to information in useful forms; and (6) The division complies with applicable state and federal statutory and regulatory provisions.

(1) Information resources are used in an efficient manner;

(2) Resources of the Division of Information Systems are used unless an exception is authorized;

(3) Information is administered and shared, consistent with requirements for security, privacy, and confidentiality;

(4) Information technology acquisitions meet state needs and are consistent with coordinated efforts to maximize standardization and cost effectiveness;

(5) State officials have timely access to information in useful forms; and

(6) The division complies with applicable state and federal statutory and regulatory provisions.

(b) The General Assembly further declares its intent to create a state agency division to: (1) Provide design and management services for the state's core information technology infrastructures; (2) Provide information technology services; (3) Implement appropriate technologies to exchange and share information; and (4) Develop technical standards and specifications and provide technical leadership and guidance to support the state's enterprise architecture.

(1) Provide design and management services for the state's core information technology infrastructures;

(2) Provide information technology services;

(3) Implement appropriate technologies to exchange and share information; and

(4) Develop technical standards and specifications and provide technical leadership and guidance to support the state's enterprise architecture.

(c) It is also the intent of the General Assembly that the division achieve certain objectives that will better support information technology utilization by other state agencies. These objectives are to: (1) Implement increased capabilities for communication and exchange of information; and (2) Develop and publish mechanisms for more timely acquisition of information technology.

(1) Implement increased capabilities for communication and exchange of information; and

(2) Develop and publish mechanisms for more timely acquisition of information technology.

(d) (1) The General Assembly further finds and determines that: (A) Information technology services are readily available in the private sector; (B) The public interest would be well served by competition for the provision of such services to the state; (C) Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and (D) Emphasis will be given to encouraging and enabling competition among: (i) Suppliers of such services whenever possible in the administration of this chapter; and (ii) Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter. (2) The division shall consider in the development of the division plan and the Joint Committee on Advanced Communications and Information Technology shall emphasize in its recommendations and policies the availability in the private sector of information technology resources upon a competitive bid basis with a view to assuring the state of the highest reasonable quality of resources at the lowest reasonable cost.

(1) The General Assembly further finds and determines that: (A) Information technology services are readily available in the private sector; (B) The public interest would be well served by competition for the provision of such services to the state; (C) Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and (D) Emphasis will be given to encouraging and enabling competition among: (i) Suppliers of such services whenever possible in the administration of this chapter; and (ii) Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter.

(A) Information technology services are readily available in the private sector;

(B) The public interest would be well served by competition for the provision of such services to the state;

(C) Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and

(D) Emphasis will be given to encouraging and enabling competition among: (i) Suppliers of such services whenever possible in the administration of this chapter; and (ii) Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter.

(i) Suppliers of such services whenever possible in the administration of this chapter; and

(ii) Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter.

(2) The division shall consider in the development of the division plan and the Joint Committee on Advanced Communications and Information Technology shall emphasize in its recommendations and policies the availability in the private sector of information technology resources upon a competitive bid basis with a view to assuring the state of the highest reasonable quality of resources at the lowest reasonable cost.

(e) (1) In exercising its authority under § 25-4-105 , the division shall competitively procure information technology except as provided in this subsection. (2) The division is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers. (3) Customers of the division are not authorized to use information technology facilities and services provided by the division to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.

(1) In exercising its authority under § 25-4-105 , the division shall competitively procure information technology except as provided in this subsection.

(2) The division is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers.

(3) Customers of the division are not authorized to use information technology facilities and services provided by the division to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.

Amended by Act 2019, No. 910,§ 6260, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6259, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6258, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6257, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6256, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6255, eff. 7/1/2019.

Acts 1977, No. 884, § 24; A.S.A. 1947, § 5-1417; Acts 1997, No. 914, § 2; 2001, No. 1722, § 1; 2005, No. 1999, § 1; 2007, No. 751, § 10; 2009, No. 648, § 1.
Ark. Code Ann. § 25-15-302 — AR Code / Title 25 / Chapter 15 / Subchapter 3 / Section 25-15-302
[Repealed]
Status: repealed

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

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

Acts 2007, No. 143, § 1.
Ark. Code Ann. § 25-16-613 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-613
Letter book
Status: in_force

The Treasurer of State shall keep a letter book, in which he or she shall copy all official letters which may be written by him or her. Rev. Stat., ch. 18, § 31; C. & M. Dig., § 4489; Pope's Dig., § 5525; A.S.A. 1947, § 12-610.

The Treasurer of State shall keep a letter book, in which he or she shall copy all official letters which may be written by him or her.

Rev. Stat., ch. 18, § 31; C. & M. Dig., § 4489; Pope's Dig., § 5525; A.S.A. 1947, § 12-610.
Ark. Code Ann. § 25-1-702 — AR Code / Title 25 / Chapter 1 / Subchapter 7 / Section 25-1-702
Review of presidential executive orders
Status: in_force

(a) (1) The General Assembly may take whatever actions it deems necessary concerning presidential executive orders that may affect the State of Arkansas, its officials, or its financial resources. (2) (A) During the interim between legislative sessions, the Legislative Council may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution. (B) During legislative sessions, the Joint Budget Committee may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution. (3) (A) The Legislative Council or Joint Budget Committee shall refer an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution that is under review by the General Assembly to the appropriate standing committees of the General Assembly that would address the subject matter of the executive order under review. (B) The standing committees of the General Assembly meeting jointly may request the Attorney General to review the presidential executive order under review by the standing committees and prepare an opinion to be delivered to the designated standing committees stating: (i) A brief description of the issues involved; (ii) The Attorney General's opinion of whether the presidential executive order is: (a) Constitutional under the United States Constitution; or (b) In conflict with the Arkansas Constitution; (iii) The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order; (iv) The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and (v) Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas. (4) The standing committees shall make a recommendation to the Legislative Council during the interim between legislative sessions, or the Joint Budget Committee during legislative sessions, including: (A) Whether state resources and personnel are required to implement the presidential executive order; and (B) Identifying other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order. (5) (A) During the interim between legislative sessions, the Legislative Council shall, and during legislative sessions, the Joint Budget Committee shall: (i) Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and (ii) Determine: (a) Whether state resources and personnel are required to implement the presidential executive order; and (b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order. (B) All determinations of action shall be made by motion and must receive a majority vote. (b) Notwithstanding any other provision of law, the state, a political subdivision, or any entity that receives an appropriation of funds from the General Assembly shall not implement a presidential executive order using state resources and personnel if: (1) The Legislative Council or the Joint Budget Committee issues a political determination that the presidential executive order is unconstitutional and the presidential executive order restricts a person's rights and relates to: (A) Pandemics or other health emergencies; (B) The regulation of natural resources, including coal and oil; (C) The regulation of the agriculture industry; (D) The use of land; (E) The regulation of the financial sector as it relates to environmental, social, or governance standards; or (F) The regulation of the constitutional right to bear arms; (2) The Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or special session, affirmatively votes to report the determination to the Governor; and (3) The Governor directs the state, the political subdivision, or the entity that receives an appropriation of funds from the General Assembly to not implement the presidential executive order. Added by Act 2021, No. 608,§ 2, eff. 7/28/2021.

(a) (1) The General Assembly may take whatever actions it deems necessary concerning presidential executive orders that may affect the State of Arkansas, its officials, or its financial resources. (2) (A) During the interim between legislative sessions, the Legislative Council may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution. (B) During legislative sessions, the Joint Budget Committee may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution. (3) (A) The Legislative Council or Joint Budget Committee shall refer an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution that is under review by the General Assembly to the appropriate standing committees of the General Assembly that would address the subject matter of the executive order under review. (B) The standing committees of the General Assembly meeting jointly may request the Attorney General to review the presidential executive order under review by the standing committees and prepare an opinion to be delivered to the designated standing committees stating: (i) A brief description of the issues involved; (ii) The Attorney General's opinion of whether the presidential executive order is: (a) Constitutional under the United States Constitution; or (b) In conflict with the Arkansas Constitution; (iii) The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order; (iv) The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and (v) Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas. (4) The standing committees shall make a recommendation to the Legislative Council during the interim between legislative sessions, or the Joint Budget Committee during legislative sessions, including: (A) Whether state resources and personnel are required to implement the presidential executive order; and (B) Identifying other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order. (5) (A) During the interim between legislative sessions, the Legislative Council shall, and during legislative sessions, the Joint Budget Committee shall: (i) Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and (ii) Determine: (a) Whether state resources and personnel are required to implement the presidential executive order; and (b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order. (B) All determinations of action shall be made by motion and must receive a majority vote.

(1) The General Assembly may take whatever actions it deems necessary concerning presidential executive orders that may affect the State of Arkansas, its officials, or its financial resources.

(2) (A) During the interim between legislative sessions, the Legislative Council may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution. (B) During legislative sessions, the Joint Budget Committee may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution.

(A) During the interim between legislative sessions, the Legislative Council may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution.

(B) During legislative sessions, the Joint Budget Committee may schedule a meeting to review an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution.

(3) (A) The Legislative Council or Joint Budget Committee shall refer an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution that is under review by the General Assembly to the appropriate standing committees of the General Assembly that would address the subject matter of the executive order under review. (B) The standing committees of the General Assembly meeting jointly may request the Attorney General to review the presidential executive order under review by the standing committees and prepare an opinion to be delivered to the designated standing committees stating: (i) A brief description of the issues involved; (ii) The Attorney General's opinion of whether the presidential executive order is: (a) Constitutional under the United States Constitution; or (b) In conflict with the Arkansas Constitution; (iii) The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order; (iv) The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and (v) Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas.

(A) The Legislative Council or Joint Budget Committee shall refer an executive order issued by the President of the United States that has not been affirmed by a vote of the United States Congress and signed into law as prescribed by the United States Constitution that is under review by the General Assembly to the appropriate standing committees of the General Assembly that would address the subject matter of the executive order under review.

(B) The standing committees of the General Assembly meeting jointly may request the Attorney General to review the presidential executive order under review by the standing committees and prepare an opinion to be delivered to the designated standing committees stating: (i) A brief description of the issues involved; (ii) The Attorney General's opinion of whether the presidential executive order is: (a) Constitutional under the United States Constitution; or (b) In conflict with the Arkansas Constitution; (iii) The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order; (iv) The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and (v) Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas.

(i) A brief description of the issues involved;

(ii) The Attorney General's opinion of whether the presidential executive order is: (a) Constitutional under the United States Constitution; or (b) In conflict with the Arkansas Constitution;

(a) Constitutional under the United States Constitution; or

(b) In conflict with the Arkansas Constitution;

(iii) The Attorney General's opinion of whether the state should seek an exemption from the application of the presidential executive order;

(iv) The Attorney General's opinion of whether the state should seek to have the order declared to be an unconstitutional exercise of legislative authority by the President of the United States; and

(v) Other information that will enable the designated standing committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas.

(4) The standing committees shall make a recommendation to the Legislative Council during the interim between legislative sessions, or the Joint Budget Committee during legislative sessions, including: (A) Whether state resources and personnel are required to implement the presidential executive order; and (B) Identifying other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.

(A) Whether state resources and personnel are required to implement the presidential executive order; and

(B) Identifying other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.

(5) (A) During the interim between legislative sessions, the Legislative Council shall, and during legislative sessions, the Joint Budget Committee shall: (i) Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and (ii) Determine: (a) Whether state resources and personnel are required to implement the presidential executive order; and (b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order. (B) All determinations of action shall be made by motion and must receive a majority vote.

(A) During the interim between legislative sessions, the Legislative Council shall, and during legislative sessions, the Joint Budget Committee shall: (i) Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and (ii) Determine: (a) Whether state resources and personnel are required to implement the presidential executive order; and (b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.

(i) Call a meeting to discuss the report of the standing committees' review of a presidential executive order; and

(ii) Determine: (a) Whether state resources and personnel are required to implement the presidential executive order; and (b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.

(a) Whether state resources and personnel are required to implement the presidential executive order; and

(b) Whether to take other action deemed necessary to protect the General Assembly's and the state's interests in litigation regarding the presidential executive order.

(B) All determinations of action shall be made by motion and must receive a majority vote.

(b) Notwithstanding any other provision of law, the state, a political subdivision, or any entity that receives an appropriation of funds from the General Assembly shall not implement a presidential executive order using state resources and personnel if: (1) The Legislative Council or the Joint Budget Committee issues a political determination that the presidential executive order is unconstitutional and the presidential executive order restricts a person's rights and relates to: (A) Pandemics or other health emergencies; (B) The regulation of natural resources, including coal and oil; (C) The regulation of the agriculture industry; (D) The use of land; (E) The regulation of the financial sector as it relates to environmental, social, or governance standards; or (F) The regulation of the constitutional right to bear arms; (2) The Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or special session, affirmatively votes to report the determination to the Governor; and (3) The Governor directs the state, the political subdivision, or the entity that receives an appropriation of funds from the General Assembly to not implement the presidential executive order.

(1) The Legislative Council or the Joint Budget Committee issues a political determination that the presidential executive order is unconstitutional and the presidential executive order restricts a person's rights and relates to: (A) Pandemics or other health emergencies; (B) The regulation of natural resources, including coal and oil; (C) The regulation of the agriculture industry; (D) The use of land; (E) The regulation of the financial sector as it relates to environmental, social, or governance standards; or (F) The regulation of the constitutional right to bear arms;

(A) Pandemics or other health emergencies;

(B) The regulation of natural resources, including coal and oil;

(C) The regulation of the agriculture industry;

(D) The use of land;

(E) The regulation of the financial sector as it relates to environmental, social, or governance standards; or

(F) The regulation of the constitutional right to bear arms;

(2) The Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or special session, affirmatively votes to report the determination to the Governor; and

(3) The Governor directs the state, the political subdivision, or the entity that receives an appropriation of funds from the General Assembly to not implement the presidential executive order.

Added by Act 2021, No. 608,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-16-518 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-518
Warrants - Prohibitions against receipt in payment of debt to state, use as offset, and bearing of interest
Status: in_force

No warrant issued by the Auditor of State shall be received in payment of debts due the state, nor shall the warrants, under any circumstances, bear interest or be received or allowed as an offset in any suit commenced for the recovery of money due the state, but the warrant shall only be received and paid by the Treasurer of State. Acts 1845, § 20, p. 88; C. & M. Dig., § 4470; Pope's Dig., § 5506; A.S.A. 1947, § 12-527.

No warrant issued by the Auditor of State shall be received in payment of debts due the state, nor shall the warrants, under any circumstances, bear interest or be received or allowed as an offset in any suit commenced for the recovery of money due the state, but the warrant shall only be received and paid by the Treasurer of State.

Acts 1845, § 20, p. 88; C. & M. Dig., § 4470; Pope's Dig., § 5506; A.S.A. 1947, § 12-527.
Ark. Code Ann. § 25-16-1105 — AR Code / Title 25 / Chapter 16 / Subchapter 11 / Section 25-16-1105
Enforcement
Status: in_force

(a) (1) Forfeiture of an office, position, or employment may be raised at the time a public servant pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) . (2) (A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty. (B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following: (i) The length of time over which the offense occurred; (ii) The amount of money the offense cost the governmental body; (iii) The amount of the public servant's salary during the time period in which the offense occurred; (iv) The severity of the public servant's breach of public trust; and (v) Any other information the court considers relevant. (C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant. (3) If the issue of forfeiture is raised against a public servant, following sentencing a circuit court shall order forfeiture of an office, position, or employment upon a finding that § 25-16-1103 applies to the public servant. (b) (1) If the issue of forfeiture is not raised under subsection (a) of this section, an action may be brought to remove the public servant in the manner provided by law to prevent usurpation of office under § 16-118-105 . (2) (A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state. (B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of this section. (C) A penalty paid under this subdivision (b)(2) is in addition to an award to the state for restitution and the sentence of the public servant. (c) (1) A public official who is removed from office under Arkansas Constitution, Article 5, § 9, may be ordered to pay a penalty if he or she pleads guilty or nolo contendere to or is found guilty of one (1) of the following offenses: (A) A felony offense; (B) Theft of property under § 5-36-103 ; (C) Abuse of office under § 5-52-107 ; or (D) Witness tampering under § 5-53-110 . (2) The circuit court shall determine the amount of the penalty under subdivision (c)(1) of this section by considering the factors under subdivision (a)(2)(B) of this section. (3) A penalty paid under subdivision (c)(1) of this section is in addition to an award to the state for restitution and the sentence of the public official. (d) If a person holding an office, position, or employment in a governmental body is disqualified from the office, position, or employment under § 25-16-1104 , an action may be brought to remove the person in the manner provided by law to prevent usurpation of office under § 16-118-105 . (e) This section does not prohibit a taxpayer from bringing a civil action under Arkansas Constitution, Article 16, § 13. Amended by Act 2013, No. 995,§ 6, eff. 8/16/2013. Acts 2009, No. 679, § 1.

(a) (1) Forfeiture of an office, position, or employment may be raised at the time a public servant pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) . (2) (A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty. (B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following: (i) The length of time over which the offense occurred; (ii) The amount of money the offense cost the governmental body; (iii) The amount of the public servant's salary during the time period in which the offense occurred; (iv) The severity of the public servant's breach of public trust; and (v) Any other information the court considers relevant. (C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant. (3) If the issue of forfeiture is raised against a public servant, following sentencing a circuit court shall order forfeiture of an office, position, or employment upon a finding that § 25-16-1103 applies to the public servant.

(1) Forfeiture of an office, position, or employment may be raised at the time a public servant pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) .

(2) (A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty. (B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following: (i) The length of time over which the offense occurred; (ii) The amount of money the offense cost the governmental body; (iii) The amount of the public servant's salary during the time period in which the offense occurred; (iv) The severity of the public servant's breach of public trust; and (v) Any other information the court considers relevant. (C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant.

(A) If the issue of forfeiture is raised against a public servant, the circuit court shall order the public servant to pay a penalty.

(B) The circuit court shall determine the amount of the penalty under subdivision (a)(2)(A) of this section by considering the following: (i) The length of time over which the offense occurred; (ii) The amount of money the offense cost the governmental body; (iii) The amount of the public servant's salary during the time period in which the offense occurred; (iv) The severity of the public servant's breach of public trust; and (v) Any other information the court considers relevant.

(i) The length of time over which the offense occurred;

(ii) The amount of money the offense cost the governmental body;

(iii) The amount of the public servant's salary during the time period in which the offense occurred;

(iv) The severity of the public servant's breach of public trust; and

(v) Any other information the court considers relevant.

(C) A penalty paid under subdivision (a)(2) of this section is in addition to an award to the state for restitution and the sentence of the public servant.

(3) If the issue of forfeiture is raised against a public servant, following sentencing a circuit court shall order forfeiture of an office, position, or employment upon a finding that § 25-16-1103 applies to the public servant.

(b) (1) If the issue of forfeiture is not raised under subsection (a) of this section, an action may be brought to remove the public servant in the manner provided by law to prevent usurpation of office under § 16-118-105 . (2) (A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state. (B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of this section. (C) A penalty paid under this subdivision (b)(2) is in addition to an award to the state for restitution and the sentence of the public servant.

(1) If the issue of forfeiture is not raised under subsection (a) of this section, an action may be brought to remove the public servant in the manner provided by law to prevent usurpation of office under § 16-118-105 .

(2) (A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state. (B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of this section. (C) A penalty paid under this subdivision (b)(2) is in addition to an award to the state for restitution and the sentence of the public servant.

(A) If a public servant is removed under subdivision (b)(1) of this section, the circuit court shall order the public servant to pay a penalty to the state.

(B) The circuit court shall determine the amount of the penalty under subdivision (b)(2)(A) of this section by considering the factors under subdivision (a)(2)(B) of this section.

(C) A penalty paid under this subdivision (b)(2) is in addition to an award to the state for restitution and the sentence of the public servant.

(c) (1) A public official who is removed from office under Arkansas Constitution, Article 5, § 9, may be ordered to pay a penalty if he or she pleads guilty or nolo contendere to or is found guilty of one (1) of the following offenses: (A) A felony offense; (B) Theft of property under § 5-36-103 ; (C) Abuse of office under § 5-52-107 ; or (D) Witness tampering under § 5-53-110 . (2) The circuit court shall determine the amount of the penalty under subdivision (c)(1) of this section by considering the factors under subdivision (a)(2)(B) of this section. (3) A penalty paid under subdivision (c)(1) of this section is in addition to an award to the state for restitution and the sentence of the public official.

(1) A public official who is removed from office under Arkansas Constitution, Article 5, § 9, may be ordered to pay a penalty if he or she pleads guilty or nolo contendere to or is found guilty of one (1) of the following offenses: (A) A felony offense; (B) Theft of property under § 5-36-103 ; (C) Abuse of office under § 5-52-107 ; or (D) Witness tampering under § 5-53-110 .

(A) A felony offense;

(B) Theft of property under § 5-36-103 ;

(C) Abuse of office under § 5-52-107 ; or

(D) Witness tampering under § 5-53-110 .

(2) The circuit court shall determine the amount of the penalty under subdivision (c)(1) of this section by considering the factors under subdivision (a)(2)(B) of this section.

(3) A penalty paid under subdivision (c)(1) of this section is in addition to an award to the state for restitution and the sentence of the public official.

(d) If a person holding an office, position, or employment in a governmental body is disqualified from the office, position, or employment under § 25-16-1104 , an action may be brought to remove the person in the manner provided by law to prevent usurpation of office under § 16-118-105 .

(e) This section does not prohibit a taxpayer from bringing a civil action under Arkansas Constitution, Article 16, § 13.

Amended by Act 2013, No. 995,§ 6, eff. 8/16/2013.

Acts 2009, No. 679, § 1.
Ark. Code Ann. § 25-26-201 — AR Code / Title 25 / Chapter 26 / Subchapter 2 / Section 25-26-201
Findings and policy
Status: in_force

(a) The General Assembly finds that: (1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology; (2) Use of interactive visual display devices by state and state-assisted organizations has become a widespread means of access for employees and the public to obtain information available electronically, but nonvisual access by speech, braille, or other appropriate means has been overlooked in the development of the latest information technology; (3) Presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life such as education and employment; (4) Alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and use of the information presented is more likely to be available by both visual and nonvisual means; and (5) The goals of the state in obtaining and deploying the most advanced forms of information technology properly include universal access so that segments of society with particular needs, including without limitation individuals unable to use visual displays, will not be left out of the information age. (b) It is the policy of the State of Arkansas that all programs and activities that are supported in whole or in part by public funds shall be conducted in accordance with the following principles: (1) To the extent provided in this subchapter, individuals who are blind or visually impaired shall be provided access to the advanced technology that is provided to other employees, program participants, and members of the general public; (2) To the extent provided in this subchapter, technology purchased in whole or in part with funds provided by the state to be used for the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public shall be accessible to and usable by individuals who are blind or visually impaired; and (3) If technology that allows access for individuals who are blind or visually impaired is not reasonably available, individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9) , as it existed on January 1, 2013. Amended by Act 2013, No. 308,§ 1, eff. 3/11/2013. Acts 1999, No. 1227, § 1.

(a) The General Assembly finds that: (1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology; (2) Use of interactive visual display devices by state and state-assisted organizations has become a widespread means of access for employees and the public to obtain information available electronically, but nonvisual access by speech, braille, or other appropriate means has been overlooked in the development of the latest information technology; (3) Presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life such as education and employment; (4) Alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and use of the information presented is more likely to be available by both visual and nonvisual means; and (5) The goals of the state in obtaining and deploying the most advanced forms of information technology properly include universal access so that segments of society with particular needs, including without limitation individuals unable to use visual displays, will not be left out of the information age.

(1) The advent of the information age throughout the United States and around the world has resulted in lasting changes in information technology;

(2) Use of interactive visual display devices by state and state-assisted organizations has become a widespread means of access for employees and the public to obtain information available electronically, but nonvisual access by speech, braille, or other appropriate means has been overlooked in the development of the latest information technology;

(3) Presentation of electronic data solely in a visual format is a barrier to access by individuals who are blind or visually impaired, preventing them from participating on equal terms in crucial areas of life such as education and employment;

(4) Alternatives, including both software and hardware adaptations, have been created so that interactive control of computers and use of the information presented is more likely to be available by both visual and nonvisual means; and

(5) The goals of the state in obtaining and deploying the most advanced forms of information technology properly include universal access so that segments of society with particular needs, including without limitation individuals unable to use visual displays, will not be left out of the information age.

(b) It is the policy of the State of Arkansas that all programs and activities that are supported in whole or in part by public funds shall be conducted in accordance with the following principles: (1) To the extent provided in this subchapter, individuals who are blind or visually impaired shall be provided access to the advanced technology that is provided to other employees, program participants, and members of the general public; (2) To the extent provided in this subchapter, technology purchased in whole or in part with funds provided by the state to be used for the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public shall be accessible to and usable by individuals who are blind or visually impaired; and (3) If technology that allows access for individuals who are blind or visually impaired is not reasonably available, individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9) , as it existed on January 1, 2013.

(1) To the extent provided in this subchapter, individuals who are blind or visually impaired shall be provided access to the advanced technology that is provided to other employees, program participants, and members of the general public;

(2) To the extent provided in this subchapter, technology purchased in whole or in part with funds provided by the state to be used for the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants, and members of the general public shall be accessible to and usable by individuals who are blind or visually impaired; and

(3) If technology that allows access for individuals who are blind or visually impaired is not reasonably available, individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9) , as it existed on January 1, 2013.

Amended by Act 2013, No. 308,§ 1, eff. 3/11/2013.

Acts 1999, No. 1227, § 1.
Ark. Code Ann. § 25-43-1201 — AR Code / Title 25 / Chapter 43 / Subchapter 12 / Section 25-43-1201
Department of the Military - Creation
Status: in_force

There is created the Department of the Military as a cabinet-level department. Added by Act 2019, No. 910,§ 5528, eff. 7/1/2019.

There is created the Department of the Military as a cabinet-level department.

Added by Act 2019, No. 910,§ 5528, eff. 7/1/2019.
Ark. Code Ann. § 25-41-103 — AR Code / Title 25 / Chapter 41 / Section 25-41-103
Powers
Status: in_force

The Daisy Gatson Bates Holiday Committee may employ any staff and consultants if an appropriation is made for that purpose by the General Assembly and may fix the compensation, duties, authority, and responsibilities of the committee's employees. Acts 2007, No. 1583, § 1.

The Daisy Gatson Bates Holiday Committee may employ any staff and consultants if an appropriation is made for that purpose by the General Assembly and may fix the compensation, duties, authority, and responsibilities of the committee's employees.

Acts 2007, No. 1583, § 1.
Ark. Code Ann. § 25-30-108 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-108
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 2392, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

Repealed by Act 2019, No. 910,§ 2392, eff. 7/1/2019.

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

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-1-503 — AR Code / Title 25 / Chapter 1 / Subchapter 5 / Section 25-1-503
Prohibition on contracting with entities that boycott Israel
Status: in_force

(a) Except as provided under subsection (b) of this section, a public entity shall not: (1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or (2) Engage in boycotts of Israel. (b) This section does not apply to: (1) A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or (2) Contracts with a total potential value of less than one thousand dollars ($1,000). Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.

(a) Except as provided under subsection (b) of this section, a public entity shall not: (1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or (2) Engage in boycotts of Israel.

(1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or

(2) Engage in boycotts of Israel.

(b) This section does not apply to: (1) A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or (2) Contracts with a total potential value of less than one thousand dollars ($1,000).

(1) A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or

(2) Contracts with a total potential value of less than one thousand dollars ($1,000).

Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-20-421 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-421
Effect of other laws
Status: in_force

The provisions of any other law, except as expressly provided in this subchapter or in the other law by way of express reference to this subchapter, shall not limit or restrict the operation of this subchapter in any manner. Acts 2003, No. 366, § 1.

The provisions of any other law, except as expressly provided in this subchapter or in the other law by way of express reference to this subchapter, shall not limit or restrict the operation of this subchapter in any manner.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-3-105 — AR Code / Title 25 / Chapter 3 / Section 25-3-105
Fees for publications, seminars, etc
Status: in_force

(a) The Division of Arkansas Heritage through the Central Administration Division or any successor division is authorized to establish and impose reasonable fees to recover costs incurred in the preparation and distribution of educational published materials and in holding workshops and seminars and costs of other services rendered. (b) Funds derived from the fees shall be deposited in a bank account to be used to defray the initial costs of publishing additional educational publications and holding workshops and seminars. Amended by Act 2019, No. 910,§ 5705, eff. 7/1/2019. Acts 1985, No. 346, § 39; A.S.A. 1947, § 5-923.2.

(a) The Division of Arkansas Heritage through the Central Administration Division or any successor division is authorized to establish and impose reasonable fees to recover costs incurred in the preparation and distribution of educational published materials and in holding workshops and seminars and costs of other services rendered.

(b) Funds derived from the fees shall be deposited in a bank account to be used to defray the initial costs of publishing additional educational publications and holding workshops and seminars.

Amended by Act 2019, No. 910,§ 5705, eff. 7/1/2019.

Acts 1985, No. 346, § 39; A.S.A. 1947, § 5-923.2.
Ark. Code Ann. § 25-16-806 — AR Code / Title 25 / Chapter 16 / Subchapter 8 / Section 25-16-806
Removal and replacement of positions without confirmation
Status: in_force

(a) As used in this section: (1) "Good cause" includes: (A) Conduct constituting a criminal offense involving moral turpitude; (B) Gross dereliction of duty; (C) Gross abuse of authority; or (D) The unexcused absence of an agency, board, or commission member from three (3) successive regular meetings without attending any intermediary called special meetings; and (2) "Good cause" does not include any vote, decision, opinion, or other regularly performed or otherwise reasonably exercised power of a member. (b) (1) The Governor may remove for good cause an agency, board, or commission member whose office or position is filled by gubernatorial appointment that is not subject to confirmation by the Senate or a majority of senators. (2) The Governor may appoint a qualified individual to replace the removed member to serve the remainder of the removed member's term. (c) All orders of removal by the Governor shall: (1) Be in writing; (2) Be delivered to the removed member or counsel for the member; and (3) Specifically set out the grounds relied upon for removal. (d) Removal of an agency, board, or commission member shall be in accordance with the following: (1) (A) Within thirty (30) calendar days after each regular agency, board, or commission meeting, the secretary of the agency, 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) The Governor may remove any agency, board, or commission secretary who fails to submit the notices and documentation required by this section; (3) Within sixty (60) calendar days after receiving the notice and supporting documentation from the agency, board, or commission secretary, the Governor shall notify the member in writing of his or her intent to remove the member for cause; (4) Within twenty (20) calendar days after the issue 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; (5) The Governor shall grant an excuse for illness of the member when the illness is verified by a written sworn statement by an attending physician or another proper excuse as determined by the Governor; and (6) After twenty (20) calendar days from the issue date of the Governor's notice, if no rebuttal is received or other adequate documentation is submitted, the member may be removed. (e) An agency, 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, stipend, or expense reimbursement for travel to or attendance at subsequent meetings until the agency, board, or commission receives notification from the Governor that the member has been excused for the absences. (f) (1) A removed member may institute proceedings for review by filing a petition in Pulaski County Circuit Court within thirty (30) days after delivery to him or her or his or her attorney of the Governor's order of removal. (2) This petition shall not supersede or stay the order of removal, nor shall any court enter an order to this effect or one which would impair the authority of the Governor to appoint a replacement whose service begins immediately upon fulfillment of the normal requirements for assuming office. (g) (1) When the matter is heard by the Pulaski County Circuit Court, the matter shall be tried de novo without a jury. (2) The Governor shall have the burden of proof to show by clear and convincing evidence that good cause existed for removal of the agency, board, or commission member in question from office and for revoking his or her commission. (3) (A) If the court determines that good cause has been shown, it shall enter an order removing the member in question from office and revoking his or her commission. (B) If the court determines that good cause has not been shown by clear and convincing evidence, the court shall order the removed member reinstated to his or her position and upon request shall award a reasonable attorney's fee and court costs to the reinstated party. (h) (1) Subject to the restrictions of subsection (f) of this section on supersedeas or stay orders, a removed agency, board, or commission member may appeal the decision of the circuit court to the Supreme Court. (2) The Governor may appeal the decision of the circuit court to the Supreme Court, but the appeal shall not preclude the circuit court, in its discretion, from entering an order reinstating the removed member. (i) An agency, board, or commission action in which the appointed replacement participates shall not be void, voidable, or in any way subject to invalidation on grounds of participation of the appointed replacement or lack of participation by the removed member in the event that the circuit court or the Supreme Court orders the removed member reinstated. Added by Act 2015, No. 1277,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Good cause" includes: (A) Conduct constituting a criminal offense involving moral turpitude; (B) Gross dereliction of duty; (C) Gross abuse of authority; or (D) The unexcused absence of an agency, board, or commission member from three (3) successive regular meetings without attending any intermediary called special meetings; and (2) "Good cause" does not include any vote, decision, opinion, or other regularly performed or otherwise reasonably exercised power of a member.

(1) "Good cause" includes: (A) Conduct constituting a criminal offense involving moral turpitude; (B) Gross dereliction of duty; (C) Gross abuse of authority; or (D) The unexcused absence of an agency, board, or commission member from three (3) successive regular meetings without attending any intermediary called special meetings; and

(A) Conduct constituting a criminal offense involving moral turpitude;

(B) Gross dereliction of duty;

(C) Gross abuse of authority; or

(D) The unexcused absence of an agency, board, or commission member from three (3) successive regular meetings without attending any intermediary called special meetings; and

(2) "Good cause" does not include any vote, decision, opinion, or other regularly performed or otherwise reasonably exercised power of a member.

(b) (1) The Governor may remove for good cause an agency, board, or commission member whose office or position is filled by gubernatorial appointment that is not subject to confirmation by the Senate or a majority of senators. (2) The Governor may appoint a qualified individual to replace the removed member to serve the remainder of the removed member's term.

(1) The Governor may remove for good cause an agency, board, or commission member whose office or position is filled by gubernatorial appointment that is not subject to confirmation by the Senate or a majority of senators.

(2) The Governor may appoint a qualified individual to replace the removed member to serve the remainder of the removed member's term.

(c) All orders of removal by the Governor shall: (1) Be in writing; (2) Be delivered to the removed member or counsel for the member; and (3) Specifically set out the grounds relied upon for removal.

(1) Be in writing;

(2) Be delivered to the removed member or counsel for the member; and

(3) Specifically set out the grounds relied upon for removal.

(d) Removal of an agency, board, or commission member shall be in accordance with the following: (1) (A) Within thirty (30) calendar days after each regular agency, board, or commission meeting, the secretary of the agency, 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) The Governor may remove any agency, board, or commission secretary who fails to submit the notices and documentation required by this section; (3) Within sixty (60) calendar days after receiving the notice and supporting documentation from the agency, board, or commission secretary, the Governor shall notify the member in writing of his or her intent to remove the member for cause; (4) Within twenty (20) calendar days after the issue 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; (5) The Governor shall grant an excuse for illness of the member when the illness is verified by a written sworn statement by an attending physician or another proper excuse as determined by the Governor; and (6) After twenty (20) calendar days from the issue date of the Governor's notice, if no rebuttal is received or other adequate documentation is submitted, the member may be removed.

(1) (A) Within thirty (30) calendar days after each regular agency, board, or commission meeting, the secretary of the agency, 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) calendar days after each regular agency, board, or commission meeting, the secretary of the agency, 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) The Governor may remove any agency, board, or commission secretary who fails to submit the notices and documentation required by this section;

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

(4) Within twenty (20) calendar days after the issue 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;

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

(6) After twenty (20) calendar days from the issue date of the Governor's notice, if no rebuttal is received or other adequate documentation is submitted, the member may be removed.

(e) An agency, 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, stipend, or expense reimbursement for travel to or attendance at subsequent meetings until the agency, board, or commission receives notification from the Governor that the member has been excused for the absences.

(f) (1) A removed member may institute proceedings for review by filing a petition in Pulaski County Circuit Court within thirty (30) days after delivery to him or her or his or her attorney of the Governor's order of removal. (2) This petition shall not supersede or stay the order of removal, nor shall any court enter an order to this effect or one which would impair the authority of the Governor to appoint a replacement whose service begins immediately upon fulfillment of the normal requirements for assuming office.

(1) A removed member may institute proceedings for review by filing a petition in Pulaski County Circuit Court within thirty (30) days after delivery to him or her or his or her attorney of the Governor's order of removal.

(2) This petition shall not supersede or stay the order of removal, nor shall any court enter an order to this effect or one which would impair the authority of the Governor to appoint a replacement whose service begins immediately upon fulfillment of the normal requirements for assuming office.

(g) (1) When the matter is heard by the Pulaski County Circuit Court, the matter shall be tried de novo without a jury. (2) The Governor shall have the burden of proof to show by clear and convincing evidence that good cause existed for removal of the agency, board, or commission member in question from office and for revoking his or her commission. (3) (A) If the court determines that good cause has been shown, it shall enter an order removing the member in question from office and revoking his or her commission. (B) If the court determines that good cause has not been shown by clear and convincing evidence, the court shall order the removed member reinstated to his or her position and upon request shall award a reasonable attorney's fee and court costs to the reinstated party.

(1) When the matter is heard by the Pulaski County Circuit Court, the matter shall be tried de novo without a jury.

(2) The Governor shall have the burden of proof to show by clear and convincing evidence that good cause existed for removal of the agency, board, or commission member in question from office and for revoking his or her commission.

(3) (A) If the court determines that good cause has been shown, it shall enter an order removing the member in question from office and revoking his or her commission. (B) If the court determines that good cause has not been shown by clear and convincing evidence, the court shall order the removed member reinstated to his or her position and upon request shall award a reasonable attorney's fee and court costs to the reinstated party.

(A) If the court determines that good cause has been shown, it shall enter an order removing the member in question from office and revoking his or her commission.

(B) If the court determines that good cause has not been shown by clear and convincing evidence, the court shall order the removed member reinstated to his or her position and upon request shall award a reasonable attorney's fee and court costs to the reinstated party.

(h) (1) Subject to the restrictions of subsection (f) of this section on supersedeas or stay orders, a removed agency, board, or commission member may appeal the decision of the circuit court to the Supreme Court. (2) The Governor may appeal the decision of the circuit court to the Supreme Court, but the appeal shall not preclude the circuit court, in its discretion, from entering an order reinstating the removed member.

(1) Subject to the restrictions of subsection (f) of this section on supersedeas or stay orders, a removed agency, board, or commission member may appeal the decision of the circuit court to the Supreme Court.

(2) The Governor may appeal the decision of the circuit court to the Supreme Court, but the appeal shall not preclude the circuit court, in its discretion, from entering an order reinstating the removed member.

(i) An agency, board, or commission action in which the appointed replacement participates shall not be void, voidable, or in any way subject to invalidation on grounds of participation of the appointed replacement or lack of participation by the removed member in the event that the circuit court or the Supreme Court orders the removed member reinstated.

Added by Act 2015, No. 1277,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 25-15-209 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-209
Administrative adjudication - Communication by decision maker
Status: in_force

(a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. (b) An agency member may: (1) Communicate with other members of the agency; and (2) Have the aid and advice of one (1) or more personal assistants. Acts 1967, No. 434, § 11; A.S.A. 1947, § 5-711.

(a) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make final or proposed findings of fact or conclusions of law in any case of adjudication shall not communicate, directly or indirectly, in connection with any issue of fact with any person or party nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate.

(b) An agency member may: (1) Communicate with other members of the agency; and (2) Have the aid and advice of one (1) or more personal assistants.

(1) Communicate with other members of the agency; and

(2) Have the aid and advice of one (1) or more personal assistants.

Acts 1967, No. 434, § 11; A.S.A. 1947, § 5-711.
Ark. Code Ann. § 25-26-302 — AR Code / Title 25 / Chapter 26 / Subchapter 3 / Section 25-26-302
Legislative intent
Status: in_force

The General Assembly finds that: (1) Malicious cyber activity continues to grow rapidly; (2) Critical infrastructure and state networks are primary targets for hackers, including transnational organized crime and national and state actors; (3) Arkansas is home to national and global private-sector companies that are considerable targets in the financial services, food and supply chain, and electric grid sectors; (4) As the private sector owns and operates the vast majority of the critical infrastructure in the United States, including Arkansas, it is critical that a cyber-capability response involve private sector companies; (5) The Arkansas Cyber Initiative will be part of the newly formed American Cyber Alliance and will develop cyber capacity in Arkansas with regard to innovation, workforce development, and intelligence and operations; and (6) The Arkansas Cyber Initiative will help mitigate cyber risks in Arkansas, develop educational best practices, provide enhanced threat assessment and response capabilities for public and private sectors in Arkansas, and advance opportunities for economic development in Arkansas. Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.

The General Assembly finds that:

(1) Malicious cyber activity continues to grow rapidly;

(2) Critical infrastructure and state networks are primary targets for hackers, including transnational organized crime and national and state actors;

(3) Arkansas is home to national and global private-sector companies that are considerable targets in the financial services, food and supply chain, and electric grid sectors;

(4) As the private sector owns and operates the vast majority of the critical infrastructure in the United States, including Arkansas, it is critical that a cyber-capability response involve private sector companies;

(5) The Arkansas Cyber Initiative will be part of the newly formed American Cyber Alliance and will develop cyber capacity in Arkansas with regard to innovation, workforce development, and intelligence and operations; and

(6) The Arkansas Cyber Initiative will help mitigate cyber risks in Arkansas, develop educational best practices, provide enhanced threat assessment and response capabilities for public and private sectors in Arkansas, and advance opportunities for economic development in Arkansas.

Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 25-20-419 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-419
Construction
Status: in_force

(a) (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. (2) This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds. (b) An authority shall not be subject to Arkansas Public Service Commission regulatory authority. Acts 2003, No. 366, § 1; 2007, No. 475, § 4.

(a) (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. (2) This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.

(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.

(2) This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.

(b) An authority shall not be subject to Arkansas Public Service Commission regulatory authority.

Acts 2003, No. 366, § 1; 2007, No. 475, § 4.
Ark. Code Ann. § 25-15-214 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-214
Failure of agency to act - Action by injured party
Status: in_force

In any case of rule making or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit in the circuit court of any county in which he or she resides or does business, or in Pulaski County Circuit Court, for an order commanding the agency to act. Acts 1967, No. 434, § 7; A.S.A. 1947, § 5-707; Acts 2001, No. 1648, § 7.

In any case of rule making or adjudication, if an agency shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act, any person who considers himself or herself injured in his or her person, business, or property by the failure, refusal, or delay may bring suit in the circuit court of any county in which he or she resides or does business, or in Pulaski County Circuit Court, for an order commanding the agency to act.

Acts 1967, No. 434, § 7; A.S.A. 1947, § 5-707; Acts 2001, No. 1648, § 7.
Ark. Code Ann. § 25-34-101 — AR Code / Title 25 / Chapter 34 / Section 25-34-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Computer and Electronic Solid Waste Management Act". Acts 2001, No. 1410, § 1.

This chapter shall be known and may be cited as the "Arkansas Computer and Electronic Solid Waste Management Act".

Acts 2001, No. 1410, § 1.
Ark. Code Ann. § 25-8-107 — AR Code / Title 25 / Chapter 8 / Section 25-8-107
Office of Child Support Enforcement
Status: in_force

(a) The Child Support Enforcement Unit of the Division of Economic and Medical Services of the Department of Human Services is hereby transferred by a type 2 transfer pursuant to § 25-2-105 to the Revenue Division of the Department of Finance and Administration and shall be known as the "Office of Child Support Enforcement". (b) All powers, duties, functions, records, property, and funds administered or provided by other support divisions within the Department of Human Services shall be transferred to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration on July 1, 1993. (c) The Department of Human Services and the Division of Information Systems shall grant access to and provide information determined by the Office of Child Support Enforcement to be necessary to successfully accomplish its mission. Amended by Act 2019, No. 910,§ 6302, eff. 7/1/2019. Acts 1993, No. 957, §§ 4, 7, 8.

(a) The Child Support Enforcement Unit of the Division of Economic and Medical Services of the Department of Human Services is hereby transferred by a type 2 transfer pursuant to § 25-2-105 to the Revenue Division of the Department of Finance and Administration and shall be known as the "Office of Child Support Enforcement".

(b) All powers, duties, functions, records, property, and funds administered or provided by other support divisions within the Department of Human Services shall be transferred to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration on July 1, 1993.

(c) The Department of Human Services and the Division of Information Systems shall grant access to and provide information determined by the Office of Child Support Enforcement to be necessary to successfully accomplish its mission.

Amended by Act 2019, No. 910,§ 6302, eff. 7/1/2019.

Acts 1993, No. 957, §§ 4, 7, 8.
Ark. Code Ann. § 25-20-506 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-506
General powers of public body
Status: in_force

(a) In addition to other powers under this subchapter and unless the certificate of incorporation or interlocal agreement provides otherwise, each public body under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain offices it finds appropriate; (3) Execute and perform contracts; (4) Sue and be sued; (5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith; (6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners find appropriate; (7) Employ the services of professionals; (8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of workers' compensation under § 11-9-404(a)(2) , provided that the deposit of an indemnity bond, letter of credit, or securities shall not be required; (9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name; (10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds; (11) Borrow money on a secured or unsecured basis, and in connection therewith issue bonds, promissory notes, or other evidence of indebtedness, and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body; (12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies; (13) Exercise such other powers, privileges, and authorities as the participating public agencies have delegated to the public body by the public agency interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law; and (14) Have such other and further powers relating to the ownership and operation of wastewater systems as are now by law given to the governing body of any participating public agency and do all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter. (b) A public body created under this subchapter shall constitute a separate legal entity, but to the extent provided by state law or set forth in the certificate of incorporation of the public body or the interlocal agreement of the participating public agencies, shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency. Acts 2009, No. 1371, § 1; 2011, No. 1122, § 4.

(a) In addition to other powers under this subchapter and unless the certificate of incorporation or interlocal agreement provides otherwise, each public body under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain offices it finds appropriate; (3) Execute and perform contracts; (4) Sue and be sued; (5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith; (6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners find appropriate; (7) Employ the services of professionals; (8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of workers' compensation under § 11-9-404(a)(2) , provided that the deposit of an indemnity bond, letter of credit, or securities shall not be required; (9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name; (10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds; (11) Borrow money on a secured or unsecured basis, and in connection therewith issue bonds, promissory notes, or other evidence of indebtedness, and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body; (12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies; (13) Exercise such other powers, privileges, and authorities as the participating public agencies have delegated to the public body by the public agency interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law; and (14) Have such other and further powers relating to the ownership and operation of wastewater systems as are now by law given to the governing body of any participating public agency and do all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter.

(1) Have perpetual succession as a body politic and corporate;

(2) Maintain offices it finds appropriate;

(3) Execute and perform contracts;

(4) Sue and be sued;

(5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith;

(6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners find appropriate;

(7) Employ the services of professionals;

(8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of workers' compensation under § 11-9-404(a)(2) , provided that the deposit of an indemnity bond, letter of credit, or securities shall not be required;

(9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name;

(10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds;

(11) Borrow money on a secured or unsecured basis, and in connection therewith issue bonds, promissory notes, or other evidence of indebtedness, and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body;

(12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies;

(13) Exercise such other powers, privileges, and authorities as the participating public agencies have delegated to the public body by the public agency interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law; and

(14) Have such other and further powers relating to the ownership and operation of wastewater systems as are now by law given to the governing body of any participating public agency and do all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter.

(b) A public body created under this subchapter shall constitute a separate legal entity, but to the extent provided by state law or set forth in the certificate of incorporation of the public body or the interlocal agreement of the participating public agencies, shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency.

Acts 2009, No. 1371, § 1; 2011, No. 1122, § 4.
Ark. Code Ann. § 25-1-117 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-117
Demographic data report
Status: in_force

(a) A state agency, board, or commission that licenses or otherwise regulates a health profession shall procure demographic data regarding the healthcare workforce in this state, including without limitation: (1) The Arkansas Board of Podiatric Medicine; (2) The Arkansas Psychology Board; (3) The Arkansas Social Work Licensing Board; (4) The Arkansas State Board of Dental Examiners; (5) The Arkansas State Medical Board; (6) The Arkansas State Board of Pharmacy; (7) The Board of Examiners in Speech-Language Pathology and Audiology; and (8) The State Board of Optometry. (b) Each state agency, board, or commission required to procure data under this section shall procure accurate and efficient collection of data, demographic, and other information by defining the following categories on licensure applications, including without limitation: (1) Age; (2) City and county of residence; (3) Educational institution of professional education and training; (4) Ethnicity; (5) Gender; (6) Place of birth; and (7) Race. (c) Each state agency, board, or commission required to procure data under this section shall report the data on or before August 31 each year to: (1) The Arkansas Center for Health Improvement; (2) The Arkansas Minority Health Commission; and (3) The Department of Health. (d) If collected via licensure applications or through other means, each state agency, board, or commission listed in subsection (a) of this section shall report the following information in accordance with subsection (c) of this section: (1) Licensee name; (2) Licensure number; (3) Licensure status; (4) Original date of full licensure in Arkansas; (5) National Provider Identifier; (6) Location of practice, including zip code, city, and county of practice; and (7) Any specialty designation and board certifications. Amended by Act 2017, No. 970,§ 1, eff. 8/1/2017. Acts 2009, No. 1489, § 1.

(a) A state agency, board, or commission that licenses or otherwise regulates a health profession shall procure demographic data regarding the healthcare workforce in this state, including without limitation: (1) The Arkansas Board of Podiatric Medicine; (2) The Arkansas Psychology Board; (3) The Arkansas Social Work Licensing Board; (4) The Arkansas State Board of Dental Examiners; (5) The Arkansas State Medical Board; (6) The Arkansas State Board of Pharmacy; (7) The Board of Examiners in Speech-Language Pathology and Audiology; and (8) The State Board of Optometry.

(1) The Arkansas Board of Podiatric Medicine;

(2) The Arkansas Psychology Board;

(3) The Arkansas Social Work Licensing Board;

(4) The Arkansas State Board of Dental Examiners;

(5) The Arkansas State Medical Board;

(6) The Arkansas State Board of Pharmacy;

(7) The Board of Examiners in Speech-Language Pathology and Audiology; and

(8) The State Board of Optometry.

(b) Each state agency, board, or commission required to procure data under this section shall procure accurate and efficient collection of data, demographic, and other information by defining the following categories on licensure applications, including without limitation: (1) Age; (2) City and county of residence; (3) Educational institution of professional education and training; (4) Ethnicity; (5) Gender; (6) Place of birth; and (7) Race.

(1) Age;

(2) City and county of residence;

(3) Educational institution of professional education and training;

(4) Ethnicity;

(5) Gender;

(6) Place of birth; and

(7) Race.

(c) Each state agency, board, or commission required to procure data under this section shall report the data on or before August 31 each year to: (1) The Arkansas Center for Health Improvement; (2) The Arkansas Minority Health Commission; and (3) The Department of Health.

(1) The Arkansas Center for Health Improvement;

(2) The Arkansas Minority Health Commission; and

(3) The Department of Health.

(d) If collected via licensure applications or through other means, each state agency, board, or commission listed in subsection (a) of this section shall report the following information in accordance with subsection (c) of this section: (1) Licensee name; (2) Licensure number; (3) Licensure status; (4) Original date of full licensure in Arkansas; (5) National Provider Identifier; (6) Location of practice, including zip code, city, and county of practice; and (7) Any specialty designation and board certifications.

(1) Licensee name;

(2) Licensure number;

(3) Licensure status;

(4) Original date of full licensure in Arkansas;

(5) National Provider Identifier;

(6) Location of practice, including zip code, city, and county of practice; and

(7) Any specialty designation and board certifications.

Amended by Act 2017, No. 970,§ 1, eff. 8/1/2017.

Acts 2009, No. 1489, § 1.
Ark. Code Ann. § 25-15-403 — AR Code / Title 25 / Chapter 15 / Subchapter 4 / Section 25-15-403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 65,§ 2, eff. 7/28/2021. Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.

Repealed by Act 2021, No. 65,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 25-1-1005 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1005
Sources of information
Status: in_force

(a) In determining whether or not to include a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee shall consider and may rely upon the following information: (1) A financial services provider's certification that it is not engaged in discrimination against a business that provides services or products to the energy, fossil fuel, firearms, or ammunition industries, and has not discriminated without a reasonable business purpose against a business based on the use of environmental, social justice, or governance-related factors; (2) Statements or information made publicly available by the financial services provider's governing body, an executive director of a financial services provider, or any other officer or employee of the financial services provider with the authority to issue policy statements on behalf of the financial services provider; and (3) Information published by a state or federal government entity. (b) In determining whether or not to include a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee may consider various factors including the following but shall not make a determination based solely on the following: (1) Statements or complaints by an energy, fossil fuel, firearms, or ammunition company; or (2) Media reports of any investment adviser or financial services provider's boycott of energy, fossil fuel, firearms, or ammunition companies. (c) A financial services provider shall not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law. Amended by Act 2023, No. 760,§ 1, eff. 8/1/2023. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

(a) In determining whether or not to include a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee shall consider and may rely upon the following information: (1) A financial services provider's certification that it is not engaged in discrimination against a business that provides services or products to the energy, fossil fuel, firearms, or ammunition industries, and has not discriminated without a reasonable business purpose against a business based on the use of environmental, social justice, or governance-related factors; (2) Statements or information made publicly available by the financial services provider's governing body, an executive director of a financial services provider, or any other officer or employee of the financial services provider with the authority to issue policy statements on behalf of the financial services provider; and (3) Information published by a state or federal government entity.

(1) A financial services provider's certification that it is not engaged in discrimination against a business that provides services or products to the energy, fossil fuel, firearms, or ammunition industries, and has not discriminated without a reasonable business purpose against a business based on the use of environmental, social justice, or governance-related factors;

(2) Statements or information made publicly available by the financial services provider's governing body, an executive director of a financial services provider, or any other officer or employee of the financial services provider with the authority to issue policy statements on behalf of the financial services provider; and

(3) Information published by a state or federal government entity.

(b) In determining whether or not to include a financial services provider on a list under § 25-1-1006 , the ESG Oversight Committee may consider various factors including the following but shall not make a determination based solely on the following: (1) Statements or complaints by an energy, fossil fuel, firearms, or ammunition company; or (2) Media reports of any investment adviser or financial services provider's boycott of energy, fossil fuel, firearms, or ammunition companies.

(1) Statements or complaints by an energy, fossil fuel, firearms, or ammunition company; or

(2) Media reports of any investment adviser or financial services provider's boycott of energy, fossil fuel, firearms, or ammunition companies.

(c) A financial services provider shall not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law.

Amended by Act 2023, No. 760,§ 1, eff. 8/1/2023.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-2-109 — AR Code / Title 25 / Chapter 2 / Section 25-2-109
Senatorial confirmation of certain appointments
Status: in_force

(a) Irrespective of other provisions of this act to the contrary, if the laws in effect on the date of the passage of this act required senatorial confirmation of the appointment of any board or commission member, or of the head of any agency or department of government, or of any head of a division of an agency or department of government, and that board, commission, agency, or department is consolidated or merged with a principal department under this act, then the appointments requiring confirmation shall be made as provided in this act with respect to all agencies merged or consolidated into a principal department by a type 1, 2, 3, or 4 transfer. (b) It is the intent of this act, with respect to all affairs of government which are under the administrative control or responsibility of any official of government whose appointment was subject to senatorial confirmation prior to the passage of this act, that the head of the successor department or the head of the division within the successor department into which the agency or program was merged shall be subject to confirmation of the Senate. Acts 1971, No. 38, § 21; A.S.A. 1947, § 5-922.

(a) Irrespective of other provisions of this act to the contrary, if the laws in effect on the date of the passage of this act required senatorial confirmation of the appointment of any board or commission member, or of the head of any agency or department of government, or of any head of a division of an agency or department of government, and that board, commission, agency, or department is consolidated or merged with a principal department under this act, then the appointments requiring confirmation shall be made as provided in this act with respect to all agencies merged or consolidated into a principal department by a type 1, 2, 3, or 4 transfer.

(b) It is the intent of this act, with respect to all affairs of government which are under the administrative control or responsibility of any official of government whose appointment was subject to senatorial confirmation prior to the passage of this act, that the head of the successor department or the head of the division within the successor department into which the agency or program was merged shall be subject to confirmation of the Senate.

Acts 1971, No. 38, § 21; A.S.A. 1947, § 5-922.
Ark. Code Ann. § 25-21-101 — AR Code / Title 25 / Chapter 21 / Section 25-21-101
Study of existing federal legislation
Status: in_force

In order to secure concerted action among the states to oppose federal encroachments upon the state powers, and to expedite the proper execution of the responsibility of the government in the war effort, it shall be the duty of the Attorney General to cooperate with the attorneys general of other cooperating states in making a study of existing federal legislation to determine whether, by the establishment of federal bureaus, boards, or commissions, or otherwise, such legislation has resulted in objectionable or harmful encroachments upon the normal field of state functions and powers, and, except during the war and insofar as the legislation is reasonably related to the conduct of the war to call to the attention of this state's Senators and Representatives in Congress all legislation which, in his opinion, is objectionable or harmful in this respect. He shall also furnish each such Senator and Representative a written statement of the reasons for his belief that such legislation is objectionable or harmful to the state, together with his suggestions for appropriate congressional legislation to remedy same. Acts 1943, No. 166, § 1; A.S.A. 1947, § 5-401.

In order to secure concerted action among the states to oppose federal encroachments upon the state powers, and to expedite the proper execution of the responsibility of the government in the war effort, it shall be the duty of the Attorney General to cooperate with the attorneys general of other cooperating states in making a study of existing federal legislation to determine whether, by the establishment of federal bureaus, boards, or commissions, or otherwise, such legislation has resulted in objectionable or harmful encroachments upon the normal field of state functions and powers, and, except during the war and insofar as the legislation is reasonably related to the conduct of the war to call to the attention of this state's Senators and Representatives in Congress all legislation which, in his opinion, is objectionable or harmful in this respect. He shall also furnish each such Senator and Representative a written statement of the reasons for his belief that such legislation is objectionable or harmful to the state, together with his suggestions for appropriate congressional legislation to remedy same.

Acts 1943, No. 166, § 1; A.S.A. 1947, § 5-401.
Ark. Code Ann. § 25-16-510 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-510
Auditor of State as state accountant
Status: in_force

The Auditor of State shall be the general accountant of the state and shall keep all public accounts, books, vouchers, documents, and all papers relating to the contracts of the state and its debts, revenue, and fiscal affairs which are not required by law to be placed in some other office or kept by some other person. Rev. Stat., ch. 18, § 7; C. & M. Dig., § 4449; Pope's Dig., § 5484; A.S.A. 1947, § 12-509.

The Auditor of State shall be the general accountant of the state and shall keep all public accounts, books, vouchers, documents, and all papers relating to the contracts of the state and its debts, revenue, and fiscal affairs which are not required by law to be placed in some other office or kept by some other person.

Rev. Stat., ch. 18, § 7; C. & M. Dig., § 4449; Pope's Dig., § 5484; A.S.A. 1947, § 12-509.
Ark. Code Ann. § 25-20-507 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-507
Operation of consolidated wastewater system
Status: in_force

(a) "Consolidated wastewater system" means and includes a wastewater and collection system in its entirety, or any integral part thereof, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the public body's facilities. (b) Unless the interlocal agreement provides otherwise, a public body 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 wastewater system. 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 under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates or charges for the use of and the service rendered by the consolidated wastewater system 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 sewer rates or charges 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 or charges 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 or charges charged to customers that shows a differential in rates or charges among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) (i) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the consolidated wastewater system infrastructure located within the jurisdiction or jurisdictions of the participating public agencies 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 jurisdictions in which the improvements are made the costs incurred in making the improvements, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the engineering study. (ii) The inability of a public body to rely upon either safe harbor defense under subdivisions (c)(3)(A) and (c)(3)(B)(i) of this section shall not create any implication that the public body has failed to equalize any differentials in wastewater rates or charges among similarly situated classes of customers within a reasonable period of time after its creation or expansion. (d) If any rate or charge established is not paid within thirty (30) days after it is due, the amount of the rate or charge together with a penalty of ten percent (10%) and a reasonable attorney's fee may be: (1) Charged by the public body; and (2) Recovered by the public body in a suit filed in the circuit court where any part of the consolidated wastewater system is located. Acts 2009, No. 1371, § 1.

(a) "Consolidated wastewater system" means and includes a wastewater and collection system in its entirety, or any integral part thereof, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the public body's facilities.

(b) Unless the interlocal agreement provides otherwise, a public body 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 wastewater system. 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 under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates or charges for the use of and the service rendered by the consolidated wastewater system 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 sewer rates or charges 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 or charges 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 or charges charged to customers that shows a differential in rates or charges among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) (i) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the consolidated wastewater system infrastructure located within the jurisdiction or jurisdictions of the participating public agencies 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 jurisdictions in which the improvements are made the costs incurred in making the improvements, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the engineering study. (ii) The inability of a public body to rely upon either safe harbor defense under subdivisions (c)(3)(A) and (c)(3)(B)(i) of this section shall not create any implication that the public body has failed to equalize any differentials in wastewater rates or charges among similarly situated classes of customers within a reasonable period of time after its creation or expansion.

(1) Unless the interlocal agreement provides otherwise, a public body under this subchapter shall have full authority to fix, charge, and collect and from time to time change the rates or charges for the use of and the service rendered by the consolidated wastewater system 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 sewer rates or charges 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 or charges 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 or charges charged to customers that shows a differential in rates or charges among similarly situated classes of customers located within the jurisdictions of the participating public agencies, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the rate study; or (B) (i) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the consolidated wastewater system infrastructure located within the jurisdiction or jurisdictions of the participating public agencies 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 jurisdictions in which the improvements are made the costs incurred in making the improvements, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the engineering study. (ii) The inability of a public body to rely upon either safe harbor defense under subdivisions (c)(3)(A) and (c)(3)(B)(i) of this section shall not create any implication that the public body has failed to equalize any differentials in wastewater rates or charges among similarly situated classes of customers within a reasonable period of time after its creation or expansion.

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

(B) (i) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the consolidated wastewater system infrastructure located within the jurisdiction or jurisdictions of the participating public agencies 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 jurisdictions in which the improvements are made the costs incurred in making the improvements, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the engineering study. (ii) The inability of a public body to rely upon either safe harbor defense under subdivisions (c)(3)(A) and (c)(3)(B)(i) of this section shall not create any implication that the public body has failed to equalize any differentials in wastewater rates or charges among similarly situated classes of customers within a reasonable period of time after its creation or expansion.

(i) Within one (1) year of the creation or expansion of the public body, an independent expert completes an engineering study of the consolidated wastewater system infrastructure located within the jurisdiction or jurisdictions of the participating public agencies 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 jurisdictions in which the improvements are made the costs incurred in making the improvements, and the public body equalizes rates or charges among similarly situated classes of customers within ten (10) years of the date of the engineering study.

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

(d) If any rate or charge established is not paid within thirty (30) days after it is due, the amount of the rate or charge together with a penalty of ten percent (10%) and a reasonable attorney's fee may be: (1) Charged by the public body; and (2) Recovered by the public body in a suit filed in the circuit court where any part of the consolidated wastewater system is located.

(1) Charged by the public body; and

(2) Recovered by the public body in a suit filed in the circuit court where any part of the consolidated wastewater system is located.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-20-316 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-316
Zoning exemption
Status: in_force

Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of its consolidated waterworks system. Acts 2001, No. 982, § 1.

Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of its consolidated waterworks system.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-20-412 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-412
No personal liability
Status: in_force

No commissioner or officer of the authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter, unless he or she has acted with a willful and wanton intent. Acts 2003, No. 366, § 1.

No commissioner or officer of the authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter, unless he or she has acted with a willful and wanton intent.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-14-103 — AR Code / Title 25 / Chapter 14 / Section 25-14-103
Transferred
Status: repealed

Added by Act 2019, No. 790,§ 3, eff. 7/24/2019. [Transferred to section 20-80-312 by the Revisor.]
Ark. Code Ann. § 25-20-205 — AR Code / Title 25 / Chapter 20 / Subchapter 2 / Section 25-20-205
Immunity
Status: in_force

(a) This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. (b) Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof. Acts 1995, No. 813, § 2.

(a) This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies.

(b) Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof.

Acts 1995, No. 813, § 2.
Ark. Code Ann. § 25-1-602 — AR Code / Title 25 / Chapter 1 / Subchapter 6 / Section 25-1-602
Taxpayer resource transaction prohibited
Status: in_force

(a) Except as provided by subsections (b) and (c) of this section, a governmental entity may not enter into a taxpayer resource transaction with an abortion provider or an affiliate of an abortion provider. (b) Subsection (a) of this section does not apply to a taxpayer resource transaction that is subject to a federal law in conflict with subsection (a) of this section as determined and confirmed in writing by the Attorney General. (c) Subsection (a) of this section does not apply to: (1) A hospital licensed under the laws of this state; (2) A state hospital; (3) A teaching hospital of a public or private institution of higher education; or (4) An accredited residency program providing training to resident physicians. (d) Subsection (c) of this section shall not permit the use of taxpayer funds to pay for an abortion. Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.

(a) Except as provided by subsections (b) and (c) of this section, a governmental entity may not enter into a taxpayer resource transaction with an abortion provider or an affiliate of an abortion provider.

(b) Subsection (a) of this section does not apply to a taxpayer resource transaction that is subject to a federal law in conflict with subsection (a) of this section as determined and confirmed in writing by the Attorney General.

(c) Subsection (a) of this section does not apply to: (1) A hospital licensed under the laws of this state; (2) A state hospital; (3) A teaching hospital of a public or private institution of higher education; or (4) An accredited residency program providing training to resident physicians.

(1) A hospital licensed under the laws of this state;

(2) A state hospital;

(3) A teaching hospital of a public or private institution of higher education; or

(4) An accredited residency program providing training to resident physicians.

(d) Subsection (c) of this section shall not permit the use of taxpayer funds to pay for an abortion.

Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-38-204 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-204
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 6, eff. 7/1/2019. Acts 2005, No. 1978, § 2; 2007, No. 533, § 1.

Repealed by Act 2019, No. 910,§ 6, eff. 7/1/2019.

Acts 2005, No. 1978, § 2; 2007, No. 533, § 1.
Ark. Code Ann. § 25-20-505 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-505
Powers and duties of board of commissioners
Status: in_force

(a) All powers, business, and affairs of any public body under this subchapter shall be exercised and managed under the direction of its board of commissioners, subject to any limitation under the public body's certificate of incorporation or interlocal agreement. (b) The duties of the board of commissioners include without limitation: (1) Appointing a chief executive officer, who shall not be a member of the board of commissioners, and setting compensation and other terms of employment for such officer; (2) Approving all budgets of the public entity; (3) Adopting rules and by-laws that the board of commissioners find necessary and expedient for the proper ownership and operation of the consolidated wastewater system, including adopting such rules and by-laws as the commissioners find necessary and expedient regarding the discharge by any person or entity of any wastewater into the consolidated wastewater system, and altering, changing, or amending the rules and by-laws at its discretion; and (4) Performing other duties under the interlocal agreement. Acts 2009, No. 1371, § 1.

(a) All powers, business, and affairs of any public body under this subchapter shall be exercised and managed under the direction of its board of commissioners, subject to any limitation under the public body's certificate of incorporation or interlocal agreement.

(b) The duties of the board of commissioners include without limitation: (1) Appointing a chief executive officer, who shall not be a member of the board of commissioners, and setting compensation and other terms of employment for such officer; (2) Approving all budgets of the public entity; (3) Adopting rules and by-laws that the board of commissioners find necessary and expedient for the proper ownership and operation of the consolidated wastewater system, including adopting such rules and by-laws as the commissioners find necessary and expedient regarding the discharge by any person or entity of any wastewater into the consolidated wastewater system, and altering, changing, or amending the rules and by-laws at its discretion; and (4) Performing other duties under the interlocal agreement.

(1) Appointing a chief executive officer, who shall not be a member of the board of commissioners, and setting compensation and other terms of employment for such officer;

(2) Approving all budgets of the public entity;

(3) Adopting rules and by-laws that the board of commissioners find necessary and expedient for the proper ownership and operation of the consolidated wastewater system, including adopting such rules and by-laws as the commissioners find necessary and expedient regarding the discharge by any person or entity of any wastewater into the consolidated wastewater system, and altering, changing, or amending the rules and by-laws at its discretion; and

(4) Performing other duties under the interlocal agreement.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-17-306 — AR Code / Title 25 / Chapter 17 / Subchapter 3 / Section 25-17-306
Institutional law enforcement officers exempt from personal liability
Status: in_force

Any institutional law enforcement officers so appointed and designated and any other institutional employees so authorized executing the duties delegated to them under this subchapter shall not be personally liable for injuries to persons or for damages to property dealt with while acting within the scope of their authorized authority on behalf of the State of Arkansas and its institutions. Acts 1967, No. 328, § 9; A.S.A. 1947, § 7-120; Acts 2007, No. 498, § 4.

Any institutional law enforcement officers so appointed and designated and any other institutional employees so authorized executing the duties delegated to them under this subchapter shall not be personally liable for injuries to persons or for damages to property dealt with while acting within the scope of their authorized authority on behalf of the State of Arkansas and its institutions.

Acts 1967, No. 328, § 9; A.S.A. 1947, § 7-120; Acts 2007, No. 498, § 4.
Ark. Code Ann. § 25-10-104 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-104
Developmental disabilities services - Board of Developmental Disabilities Services
Status: in_force

(a) The Board of Developmental Disabilities Services and the institutional and supportive facilities of the human development centers located at Alexander, Conway, Arkadelphia, Jonesboro, Booneville, and the Southeast Arkansas Human Development Center at Warren, and all improvements and additions to those institutional units made subsequent to February 4, 1971, shall be operated under the control of the board within the Department of Human Services. (b) The board shall name the administrative head or director of each of the respective institutions under the board's jurisdiction with the concurrence of the Secretary of the Department of Human Services. (c) Under a type 1 transfer of the Board of Developmental Disabilities Services, and the institutions under its management and control, to the department, the board shall have control of all budgeting, purchasing, and related management functions in accordance with the limitations and restrictions thereon provided in this act and by other laws applicable thereto. (d) (1) It is the intent of this section that the administration of the human development centers located at Arkadelphia, Booneville, Conway, Jonesboro, and the Southeast Arkansas Human Development Center at Warren, and the various facilities and services thereof, shall be under the control of the board, as provided and intended by Arkansas Constitution, Amendment 33, but the board shall exercise its control in accordance with the general guidelines, policies, and rules of the department governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the secretary. (2) It is the intent of this act that the board shall devote its time and resources to the operation and management of the state-owned and controlled institutional programs of the various state human development centers and that the establishment and operation of community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities in this state and other regional and community services benefiting individuals with developmental disabilities or individuals with intellectual disabilities shall be administered by the department through the divisions, offices, sections, or units of the department as determined by the secretary. (e) (1) Nothing in this act shall be construed to prevent community providers from making determinations consistent with guidelines and criteria established by the state with respect to the appropriate placement of eligible individuals with developmental disabilities or individuals with intellectual disabilities in the least restrictive setting and the development of individual program plans for instructional and case management functions for individuals with developmental disabilities or individuals with intellectual disabilities, in keeping with the requirements of regulations promulgated pursuant to the Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142, and § 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112. (2) The state reserves the authority to make final determination of eligibility for services funded, in whole or in part, by state and federal funds. Amended by Act 2019, No. 315,§ 2913, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5243, eff. 7/1/2019. Acts 1985, No. 348, §§ 3, 8; A.S.A. 1947, §§ 5-902, 5-912d.

(a) The Board of Developmental Disabilities Services and the institutional and supportive facilities of the human development centers located at Alexander, Conway, Arkadelphia, Jonesboro, Booneville, and the Southeast Arkansas Human Development Center at Warren, and all improvements and additions to those institutional units made subsequent to February 4, 1971, shall be operated under the control of the board within the Department of Human Services.

(b) The board shall name the administrative head or director of each of the respective institutions under the board's jurisdiction with the concurrence of the Secretary of the Department of Human Services.

(c) Under a type 1 transfer of the Board of Developmental Disabilities Services, and the institutions under its management and control, to the department, the board shall have control of all budgeting, purchasing, and related management functions in accordance with the limitations and restrictions thereon provided in this act and by other laws applicable thereto.

(d) (1) It is the intent of this section that the administration of the human development centers located at Arkadelphia, Booneville, Conway, Jonesboro, and the Southeast Arkansas Human Development Center at Warren, and the various facilities and services thereof, shall be under the control of the board, as provided and intended by Arkansas Constitution, Amendment 33, but the board shall exercise its control in accordance with the general guidelines, policies, and rules of the department governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the secretary. (2) It is the intent of this act that the board shall devote its time and resources to the operation and management of the state-owned and controlled institutional programs of the various state human development centers and that the establishment and operation of community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities in this state and other regional and community services benefiting individuals with developmental disabilities or individuals with intellectual disabilities shall be administered by the department through the divisions, offices, sections, or units of the department as determined by the secretary.

(1) It is the intent of this section that the administration of the human development centers located at Arkadelphia, Booneville, Conway, Jonesboro, and the Southeast Arkansas Human Development Center at Warren, and the various facilities and services thereof, shall be under the control of the board, as provided and intended by Arkansas Constitution, Amendment 33, but the board shall exercise its control in accordance with the general guidelines, policies, and rules of the department governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the secretary.

(2) It is the intent of this act that the board shall devote its time and resources to the operation and management of the state-owned and controlled institutional programs of the various state human development centers and that the establishment and operation of community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities in this state and other regional and community services benefiting individuals with developmental disabilities or individuals with intellectual disabilities shall be administered by the department through the divisions, offices, sections, or units of the department as determined by the secretary.

(e) (1) Nothing in this act shall be construed to prevent community providers from making determinations consistent with guidelines and criteria established by the state with respect to the appropriate placement of eligible individuals with developmental disabilities or individuals with intellectual disabilities in the least restrictive setting and the development of individual program plans for instructional and case management functions for individuals with developmental disabilities or individuals with intellectual disabilities, in keeping with the requirements of regulations promulgated pursuant to the Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142, and § 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112. (2) The state reserves the authority to make final determination of eligibility for services funded, in whole or in part, by state and federal funds.

(1) Nothing in this act shall be construed to prevent community providers from making determinations consistent with guidelines and criteria established by the state with respect to the appropriate placement of eligible individuals with developmental disabilities or individuals with intellectual disabilities in the least restrictive setting and the development of individual program plans for instructional and case management functions for individuals with developmental disabilities or individuals with intellectual disabilities, in keeping with the requirements of regulations promulgated pursuant to the Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142, and § 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112.

(2) The state reserves the authority to make final determination of eligibility for services funded, in whole or in part, by state and federal funds.

Amended by Act 2019, No. 315,§ 2913, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5243, eff. 7/1/2019.

Acts 1985, No. 348, §§ 3, 8; A.S.A. 1947, §§ 5-902, 5-912d.
Ark. Code Ann. § 25-36-104 — AR Code / Title 25 / Chapter 36 / Section 25-36-104
Data recording and tracking
Status: in_force

(a) (1) The State Procurement Director shall track data regarding minority participation in state contracts that exceed fifty thousand dollars ($50,000). (2) The data shall include, but not be limited to, information regarding: (A) The dollar amount for each contract awarded to a minority-owned business; (B) The total dollar amount spent on contracts by each state agency; and (C) The number and percentage of minority-owned businesses awarded contracts by the agency. (b) The director shall report the data required under subsection (a) of this section semiannually to the Governor and to the cochairs of the Legislative Council and to the Legislative Joint Auditing Committee and the Minority and Women-owned Business Advisory Council. (c) (1) Each state agency shall include in its budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses. (2) The vice president or vice chancellor for finance of each state college and university shall include in his or her budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses. (d) The director shall promulgate rules necessary for the implementation of this chapter. Amended by Act 2019, No. 315,§ 2934, eff. 7/24/2019. Amended by Act 2013, No. 1189,§ 6, eff. 8/16/2013. Acts 2003, No. 1814, § 1; 2005, No. 1962, § 113.

(a) (1) The State Procurement Director shall track data regarding minority participation in state contracts that exceed fifty thousand dollars ($50,000). (2) The data shall include, but not be limited to, information regarding: (A) The dollar amount for each contract awarded to a minority-owned business; (B) The total dollar amount spent on contracts by each state agency; and (C) The number and percentage of minority-owned businesses awarded contracts by the agency.

(1) The State Procurement Director shall track data regarding minority participation in state contracts that exceed fifty thousand dollars ($50,000).

(2) The data shall include, but not be limited to, information regarding: (A) The dollar amount for each contract awarded to a minority-owned business; (B) The total dollar amount spent on contracts by each state agency; and (C) The number and percentage of minority-owned businesses awarded contracts by the agency.

(A) The dollar amount for each contract awarded to a minority-owned business;

(B) The total dollar amount spent on contracts by each state agency; and

(C) The number and percentage of minority-owned businesses awarded contracts by the agency.

(b) The director shall report the data required under subsection (a) of this section semiannually to the Governor and to the cochairs of the Legislative Council and to the Legislative Joint Auditing Committee and the Minority and Women-owned Business Advisory Council.

(c) (1) Each state agency shall include in its budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses. (2) The vice president or vice chancellor for finance of each state college and university shall include in his or her budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses.

(1) Each state agency shall include in its budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses.

(2) The vice president or vice chancellor for finance of each state college and university shall include in his or her budget report to the Joint Budget Committee a listing of all contracts in amounts exceeding fifty thousand dollars ($50,000) awarded to minority-owned businesses.

(d) The director shall promulgate rules necessary for the implementation of this chapter.

Amended by Act 2019, No. 315,§ 2934, eff. 7/24/2019.

Amended by Act 2013, No. 1189,§ 6, eff. 8/16/2013.

Acts 2003, No. 1814, § 1; 2005, No. 1962, § 113.
Ark. Code Ann. § 25-18-501 — AR Code / Title 25 / Chapter 18 / Subchapter 5 / Section 25-18-501
State agency contracts
Status: in_force

When any state agency enters into a contract with any entity, the contract shall be deemed a public record in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 1997, No. 1083, § 1.

When any state agency enters into a contract with any entity, the contract shall be deemed a public record in accordance with the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 1997, No. 1083, § 1.
Ark. Code Ann. § 25-20-509 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-509
Eminent domain
Status: in_force

(a) A public body under this subchapter may acquire by the exercise of the power of eminent domain any real property, rights, easements, franchises, and other property that it finds necessary for its purposes under § 18-15-301 et seq. or § 18-15-401 et seq. or in the manner provided by law under which one (1) of the public body's participating public agencies may exercise a power of eminent domain. (b) In exercising the power of eminent domain, a public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon but is liable for any damage that may result by reason of its actions. Acts 2009, No. 1371, § 1.

(a) A public body under this subchapter may acquire by the exercise of the power of eminent domain any real property, rights, easements, franchises, and other property that it finds necessary for its purposes under § 18-15-301 et seq. or § 18-15-401 et seq. or in the manner provided by law under which one (1) of the public body's participating public agencies may exercise a power of eminent domain.

(b) In exercising the power of eminent domain, a public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon but is liable for any damage that may result by reason of its actions.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-31-102 — AR Code / Title 25 / Chapter 31 / Section 25-31-102
Construction
Status: in_force

The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce. The Secretary of State shall develop guidelines for the use of electronic signatures and provide a register of electronic signature verification companies. Acts 1999, No. 718, § 2.

The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce. The Secretary of State shall develop guidelines for the use of electronic signatures and provide a register of electronic signature verification companies.

Acts 1999, No. 718, § 2.
Ark. Code Ann. § 25-4-124 — AR Code / Title 25 / Chapter 4 / Section 25-4-124
Yearly computation of expenses - Disposition of surplus funds
Status: in_force

(a) Within sixty (60) days following the final closing entries for the consolidated annual financial report for each fiscal year, the Director of the Division of Information Systems shall obtain from the Chief Fiscal Officer of the State the written approval of a plan that shall include a proposed methodology to make all appropriate adjustments to effect compliance with state and federal statutory and regulatory provisions for the fiscal year. (b) (1) If the plan under subsection (a) of this section requires appropriate credits or debits to customer accounts to effect compliance with state and federal statutory and regulatory provisions, the Division of Information Systems shall make any adjustments within sixty (60) days after approval of the plan. (2) In the event that a customer no longer uses the services of the division, a fund transfer in the amount of that customer's credits under the plan described in subsection (a) of this section shall be made from the Division of Information Systems Revolving Fund to the customer's treasury fund, upon certification of the amount by the director to the Chief Fiscal Officer of the State and the Treasurer of State. In the event the customer does not have a treasury fund, a warrant shall be issued by the division in payment of the customer's credit. (c) In the event that the customer has an unpaid account balance due the division, the customer's credit shall be withheld until the account balance is satisfied. Amended by Act 2019, No. 910,§ 6291, eff. 7/1/2019. Acts 1997, No. 914, § 21; 2005, No. 1999, § 10.

(a) Within sixty (60) days following the final closing entries for the consolidated annual financial report for each fiscal year, the Director of the Division of Information Systems shall obtain from the Chief Fiscal Officer of the State the written approval of a plan that shall include a proposed methodology to make all appropriate adjustments to effect compliance with state and federal statutory and regulatory provisions for the fiscal year.

(b) (1) If the plan under subsection (a) of this section requires appropriate credits or debits to customer accounts to effect compliance with state and federal statutory and regulatory provisions, the Division of Information Systems shall make any adjustments within sixty (60) days after approval of the plan. (2) In the event that a customer no longer uses the services of the division, a fund transfer in the amount of that customer's credits under the plan described in subsection (a) of this section shall be made from the Division of Information Systems Revolving Fund to the customer's treasury fund, upon certification of the amount by the director to the Chief Fiscal Officer of the State and the Treasurer of State. In the event the customer does not have a treasury fund, a warrant shall be issued by the division in payment of the customer's credit.

(1) If the plan under subsection (a) of this section requires appropriate credits or debits to customer accounts to effect compliance with state and federal statutory and regulatory provisions, the Division of Information Systems shall make any adjustments within sixty (60) days after approval of the plan.

(2) In the event that a customer no longer uses the services of the division, a fund transfer in the amount of that customer's credits under the plan described in subsection (a) of this section shall be made from the Division of Information Systems Revolving Fund to the customer's treasury fund, upon certification of the amount by the director to the Chief Fiscal Officer of the State and the Treasurer of State. In the event the customer does not have a treasury fund, a warrant shall be issued by the division in payment of the customer's credit.

(c) In the event that the customer has an unpaid account balance due the division, the customer's credit shall be withheld until the account balance is satisfied.

Amended by Act 2019, No. 910,§ 6291, eff. 7/1/2019.

Acts 1997, No. 914, § 21; 2005, No. 1999, § 10.
Ark. Code Ann. § 25-16-706 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-706
Opinions
Status: in_force

(a) (1) Upon request, the Attorney General without fee or reward shall give his or her opinion to the Governor and to the heads of the executive departments of this state upon any constitutional or other legal question that may concern the official action of those officers. (2) When requested, he or she shall give his or her opinion to the prosecuting attorney of any district upon any legal question that concerns the financial interests of the state or any county and upon any question connected with the administration of the criminal laws of the state. (3) When requested, he or she shall also give his or her opinion to either house of the General Assembly and any member thereof upon the constitutionality of any proposed bill and to all state boards and commissions upon any question connected with the discharge of the duties of those boards and commissions. (b) The Attorney General is required to furnish to county boards of election commissioners an official opinion upon any inquiry submitted to him or her concerning the provisions of the election laws of this state. (c) All opinions shall be written when the inquiry is in writing and request is made for a written opinion. (d) (1) Whenever any real estate is bought for the State of Arkansas by any agency, department, board, or commission authorized to buy real estate, it shall be the duty of the seller of the property at the seller's own expense to provide a commitment to issue a title insurance policy acceptable to the agency, department, board, or commission. (2) Upon request, the Attorney General shall provide to the agency, department, board, or commission buying the property advice and counsel regarding the purchase of the property. (e) Nothing in subsections (a)-(d) of this section shall relieve the Attorney General of discharging any and all duties required of him or her under the common law or by any of the statutes of this state or relieve the prosecuting attorneys of any duties required of them by the statutes of this state. Acts 1843, § 2, p. 117; 1857, § 3, p. 117; 1893, No. 145, § 5, p. 251; 1911, No. 131, §§ 1, 3, 6; C. & M. Dig., §§ 4521, 4523, 4525, 4526; Pope's Dig., §§ 5578, 5580, 5582, 5583; A.S.A. 1947, §§ 12-702 -- 12-704, 12-706; Acts 2001, No. 534, § 1.

(a) (1) Upon request, the Attorney General without fee or reward shall give his or her opinion to the Governor and to the heads of the executive departments of this state upon any constitutional or other legal question that may concern the official action of those officers. (2) When requested, he or she shall give his or her opinion to the prosecuting attorney of any district upon any legal question that concerns the financial interests of the state or any county and upon any question connected with the administration of the criminal laws of the state. (3) When requested, he or she shall also give his or her opinion to either house of the General Assembly and any member thereof upon the constitutionality of any proposed bill and to all state boards and commissions upon any question connected with the discharge of the duties of those boards and commissions.

(1) Upon request, the Attorney General without fee or reward shall give his or her opinion to the Governor and to the heads of the executive departments of this state upon any constitutional or other legal question that may concern the official action of those officers.

(2) When requested, he or she shall give his or her opinion to the prosecuting attorney of any district upon any legal question that concerns the financial interests of the state or any county and upon any question connected with the administration of the criminal laws of the state.

(3) When requested, he or she shall also give his or her opinion to either house of the General Assembly and any member thereof upon the constitutionality of any proposed bill and to all state boards and commissions upon any question connected with the discharge of the duties of those boards and commissions.

(b) The Attorney General is required to furnish to county boards of election commissioners an official opinion upon any inquiry submitted to him or her concerning the provisions of the election laws of this state.

(c) All opinions shall be written when the inquiry is in writing and request is made for a written opinion.

(d) (1) Whenever any real estate is bought for the State of Arkansas by any agency, department, board, or commission authorized to buy real estate, it shall be the duty of the seller of the property at the seller's own expense to provide a commitment to issue a title insurance policy acceptable to the agency, department, board, or commission. (2) Upon request, the Attorney General shall provide to the agency, department, board, or commission buying the property advice and counsel regarding the purchase of the property.

(1) Whenever any real estate is bought for the State of Arkansas by any agency, department, board, or commission authorized to buy real estate, it shall be the duty of the seller of the property at the seller's own expense to provide a commitment to issue a title insurance policy acceptable to the agency, department, board, or commission.

(2) Upon request, the Attorney General shall provide to the agency, department, board, or commission buying the property advice and counsel regarding the purchase of the property.

(e) Nothing in subsections (a)-(d) of this section shall relieve the Attorney General of discharging any and all duties required of him or her under the common law or by any of the statutes of this state or relieve the prosecuting attorneys of any duties required of them by the statutes of this state.

Acts 1843, § 2, p. 117; 1857, § 3, p. 117; 1893, No. 145, § 5, p. 251; 1911, No. 131, §§ 1, 3, 6; C. & M. Dig., §§ 4521, 4523, 4525, 4526; Pope's Dig., §§ 5578, 5580, 5582, 5583; A.S.A. 1947, §§ 12-702 -- 12-704, 12-706; Acts 2001, No. 534, § 1.
Ark. Code Ann. § 25-1-109 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-109
Televised public service announcements
Status: in_force

All state agencies that make televised public service announcements shall ensure that those announcements are either closed-captioned or open-captioned. Acts 2001, No. 813, § 1.

All state agencies that make televised public service announcements shall ensure that those announcements are either closed-captioned or open-captioned.

Acts 2001, No. 813, § 1.
Ark. Code Ann. § 25-10-109 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-109
Institutional services generally - Development of admission policies, etc
Status: in_force

In addition to the functions and duties provided by law and this act to be performed by the Board of Developmental Disabilities Services within the Department of Human Services and the Department of Human Services State Institutional System Board, it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall cooperate with the Secretary of the Department of Human Services, the divisions, offices, sections, or units of the department created by this act, and the programs funded by and operated by the department by developing admission policies, criteria, and services which will assure appropriate access to institutional services to meet the residential service needs of the citizens of this state. Amended by Act 2019, No. 910,§ 5247, eff. 7/1/2019. Acts 1985, No. 348, § 10; A.S.A. 1947, § 5-912g.

In addition to the functions and duties provided by law and this act to be performed by the Board of Developmental Disabilities Services within the Department of Human Services and the Department of Human Services State Institutional System Board, it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall cooperate with the Secretary of the Department of Human Services, the divisions, offices, sections, or units of the department created by this act, and the programs funded by and operated by the department by developing admission policies, criteria, and services which will assure appropriate access to institutional services to meet the residential service needs of the citizens of this state.

Amended by Act 2019, No. 910,§ 5247, eff. 7/1/2019.

Acts 1985, No. 348, § 10; A.S.A. 1947, § 5-912g.
Ark. Code Ann. § 25-16-901 — AR Code / Title 25 / Chapter 16 / Subchapter 9 / Section 25-16-901
Definitions - Limitations
Status: in_force

(a) For purposes of this subchapter, the term "state board" means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission. (b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission. Acts 1995, No. 1211, § 1.

(a) For purposes of this subchapter, the term "state board" means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.

(b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.

Acts 1995, No. 1211, § 1.
Ark. Code Ann. § 25-32-122 — AR Code / Title 25 / Chapter 32 / Section 25-32-122
Signatures and records secured through blockchain technology - Definitions
Status: in_force

(a) As used in this section: (1) "Blockchain distributed ledger technology" means technology that uses a distributed, decentralized, shared, and replicated ledger that is: (A) Either: (i) Public; or (ii) Private; (B) Either: (i) Permissioned; or (ii) Permissionless; and (C) Contains data that is: (i) Securely protected with cryptography; (ii) Immutable; (iii) Auditable; and (iv) Provides an uncensored truth; (2) "Blockchain technology" means a shared, immutable ledger that facilitates the process of recording one (1) or more transactions and tracking one (1) or more tangible or intangible assets in a business network; and (3) "Smart contract" means: (A) Business logic that runs on a blockchain; or (B) A software program that stores rules on a shared and replicated ledger and uses the stored rules for: (i) Negotiating the terms of a contract; (ii) Automatically verifying the contract; and (iii) Executing the terms of a contract. (b) A signature that is secured through blockchain technology shall be considered to be in electronic form and an electronic signature. (c) A record or contract that is secured through blockchain technology shall be considered to be in electronic form and an electronic record. (d) (1) A smart contract shall be considered a commercial contract. (2) A contract that contains a smart contract term and relates to a transaction shall not be denied legal effect, validity, or enforceability. Added by Act 2019, No. 1061,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Blockchain distributed ledger technology" means technology that uses a distributed, decentralized, shared, and replicated ledger that is: (A) Either: (i) Public; or (ii) Private; (B) Either: (i) Permissioned; or (ii) Permissionless; and (C) Contains data that is: (i) Securely protected with cryptography; (ii) Immutable; (iii) Auditable; and (iv) Provides an uncensored truth; (2) "Blockchain technology" means a shared, immutable ledger that facilitates the process of recording one (1) or more transactions and tracking one (1) or more tangible or intangible assets in a business network; and (3) "Smart contract" means: (A) Business logic that runs on a blockchain; or (B) A software program that stores rules on a shared and replicated ledger and uses the stored rules for: (i) Negotiating the terms of a contract; (ii) Automatically verifying the contract; and (iii) Executing the terms of a contract.

(1) "Blockchain distributed ledger technology" means technology that uses a distributed, decentralized, shared, and replicated ledger that is: (A) Either: (i) Public; or (ii) Private; (B) Either: (i) Permissioned; or (ii) Permissionless; and (C) Contains data that is: (i) Securely protected with cryptography; (ii) Immutable; (iii) Auditable; and (iv) Provides an uncensored truth;

(A) Either: (i) Public; or (ii) Private;

(i) Public; or

(ii) Private;

(B) Either: (i) Permissioned; or (ii) Permissionless; and

(i) Permissioned; or

(ii) Permissionless; and

(C) Contains data that is: (i) Securely protected with cryptography; (ii) Immutable; (iii) Auditable; and (iv) Provides an uncensored truth;

(i) Securely protected with cryptography;

(ii) Immutable;

(iii) Auditable; and

(iv) Provides an uncensored truth;

(2) "Blockchain technology" means a shared, immutable ledger that facilitates the process of recording one (1) or more transactions and tracking one (1) or more tangible or intangible assets in a business network; and

(3) "Smart contract" means: (A) Business logic that runs on a blockchain; or (B) A software program that stores rules on a shared and replicated ledger and uses the stored rules for: (i) Negotiating the terms of a contract; (ii) Automatically verifying the contract; and (iii) Executing the terms of a contract.

(A) Business logic that runs on a blockchain; or

(B) A software program that stores rules on a shared and replicated ledger and uses the stored rules for: (i) Negotiating the terms of a contract; (ii) Automatically verifying the contract; and (iii) Executing the terms of a contract.

(i) Negotiating the terms of a contract;

(ii) Automatically verifying the contract; and

(iii) Executing the terms of a contract.

(b) A signature that is secured through blockchain technology shall be considered to be in electronic form and an electronic signature.

(c) A record or contract that is secured through blockchain technology shall be considered to be in electronic form and an electronic record.

(d) (1) A smart contract shall be considered a commercial contract. (2) A contract that contains a smart contract term and relates to a transaction shall not be denied legal effect, validity, or enforceability.

(1) A smart contract shall be considered a commercial contract.

(2) A contract that contains a smart contract term and relates to a transaction shall not be denied legal effect, validity, or enforceability.

Added by Act 2019, No. 1061,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 25-36-101 — AR Code / Title 25 / Chapter 36 / Section 25-36-101
Findings - Purpose
Status: in_force

(a) The General Assembly finds: (1) To the extent minority-owned businesses are given fair opportunities to compete, all Arkansans benefit; (2) During 2002, the State of Arkansas spent nine hundred million four hundred thousand dollars ($900,400,000) procuring goods and services; (3) Although the state possesses more than seven thousand (7,000) minority-owned businesses, less than three-tenths of one percent (0.03%) of state expenditures on goods and services was spent with minority-owned businesses in 2002; (4) Small and minority-owned businesses employ forty-eight and nine-tenths percent (48.9%) of the state's total employment; (5) Seventy-two percent (72%) of all current jobs in the Delta Region of Arkansas, Louisiana, and Mississippi are provided through small and minority-owned businesses; (6) An increase of four thousand (4,000) jobs in small, minority-owned, and medium-sized businesses would radiate through the state to result in the creation of forty-eight thousand (48,000) new jobs; (7) Expanding the profitability and spending power of these businesses will allow them to provide employment opportunities and to increase economic growth and development within Arkansas communities; (8) Expansion of economic opportunity will reduce unemployment and the need for state-supported social welfare programs, while increasing the state tax base and the appeal to minority-owned businesses from other businesses within their industry for raw materials and production support; and (9) Increased economic output and employment by minority-owned businesses will have a positive rippling impact throughout the state. (b) This chapter is intended to expand economic opportunities for Arkansas' minority communities but is not intended to establish any quota system or program. Acts 2003, No. 1814, § 1.

(a) The General Assembly finds: (1) To the extent minority-owned businesses are given fair opportunities to compete, all Arkansans benefit; (2) During 2002, the State of Arkansas spent nine hundred million four hundred thousand dollars ($900,400,000) procuring goods and services; (3) Although the state possesses more than seven thousand (7,000) minority-owned businesses, less than three-tenths of one percent (0.03%) of state expenditures on goods and services was spent with minority-owned businesses in 2002; (4) Small and minority-owned businesses employ forty-eight and nine-tenths percent (48.9%) of the state's total employment; (5) Seventy-two percent (72%) of all current jobs in the Delta Region of Arkansas, Louisiana, and Mississippi are provided through small and minority-owned businesses; (6) An increase of four thousand (4,000) jobs in small, minority-owned, and medium-sized businesses would radiate through the state to result in the creation of forty-eight thousand (48,000) new jobs; (7) Expanding the profitability and spending power of these businesses will allow them to provide employment opportunities and to increase economic growth and development within Arkansas communities; (8) Expansion of economic opportunity will reduce unemployment and the need for state-supported social welfare programs, while increasing the state tax base and the appeal to minority-owned businesses from other businesses within their industry for raw materials and production support; and (9) Increased economic output and employment by minority-owned businesses will have a positive rippling impact throughout the state.

(1) To the extent minority-owned businesses are given fair opportunities to compete, all Arkansans benefit;

(2) During 2002, the State of Arkansas spent nine hundred million four hundred thousand dollars ($900,400,000) procuring goods and services;

(3) Although the state possesses more than seven thousand (7,000) minority-owned businesses, less than three-tenths of one percent (0.03%) of state expenditures on goods and services was spent with minority-owned businesses in 2002;

(4) Small and minority-owned businesses employ forty-eight and nine-tenths percent (48.9%) of the state's total employment;

(5) Seventy-two percent (72%) of all current jobs in the Delta Region of Arkansas, Louisiana, and Mississippi are provided through small and minority-owned businesses;

(6) An increase of four thousand (4,000) jobs in small, minority-owned, and medium-sized businesses would radiate through the state to result in the creation of forty-eight thousand (48,000) new jobs;

(7) Expanding the profitability and spending power of these businesses will allow them to provide employment opportunities and to increase economic growth and development within Arkansas communities;

(8) Expansion of economic opportunity will reduce unemployment and the need for state-supported social welfare programs, while increasing the state tax base and the appeal to minority-owned businesses from other businesses within their industry for raw materials and production support; and

(9) Increased economic output and employment by minority-owned businesses will have a positive rippling impact throughout the state.

(b) This chapter is intended to expand economic opportunities for Arkansas' minority communities but is not intended to establish any quota system or program.

Acts 2003, No. 1814, § 1.
Ark. Code Ann. § 25-20-522 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-522
Provisions supplemental and controlling
Status: in_force

This subchapter provides an additional and alternative method for the doing of the things authorized hereby and is supplemental and additional to powers conferred by other laws. Acts 2009, No. 1371, § 1.

This subchapter provides an additional and alternative method for the doing of the things authorized hereby and is supplemental and additional to powers conferred by other laws.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-18-602 — AR Code / Title 25 / Chapter 18 / Subchapter 6 / Section 25-18-602
Applicability
Status: in_force

(a) This subchapter shall not apply to city, county, or local governmental entities. (b) This subchapter shall apply only to records created by each state agency after the date the state agency complies with the rules and guidelines promulgated under this subchapter. Acts 2005, No. 918, § 1.

(a) This subchapter shall not apply to city, county, or local governmental entities.

(b) This subchapter shall apply only to records created by each state agency after the date the state agency complies with the rules and guidelines promulgated under this subchapter.

Acts 2005, No. 918, § 1.
Ark. Code Ann. § 25-1-603 — AR Code / Title 25 / Chapter 1 / Subchapter 6 / Section 25-1-603
Action by Attorney General
Status: in_force

(a) The office of the Attorney General may investigate and collect information concerning a violation of this subchapter. (b) The Attorney General may bring an action in the name of the State of Arkansas to enjoin a violation of this subchapter. Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.

(a) The office of the Attorney General may investigate and collect information concerning a violation of this subchapter.

(b) The Attorney General may bring an action in the name of the State of Arkansas to enjoin a violation of this subchapter.

Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-16-502 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-502
Bond
Status: in_force

(a) Immediately after his or her election, the Auditor of State shall execute and deliver to the Governor a bond to the State of Arkansas, with good and sufficient securities, in the sum of one hundred thousand dollars ($100,000), conditioned for the faithful performance of all the duties required, or which may be required, of him or her by law. (b) The Governor shall endorse on the bond of the Auditor of State his or her approval of the bond, stating the time of approval, and deliver the endorsed bond to the Secretary of State, who shall file it among the records of his or her office. (c) If any Auditor of State shall neglect or refuse to enter into bond within ten (10) days after the Governor is officially informed of his or her election, then the Office of Auditor of State shall be deemed and considered vacant. Rev. Stat., ch. 18, §§ 2, 3, 5; Acts 1861, No. 81, § 2, p. 174; C. & M. Dig., §§ 4386, 4441, 4442; Pope's Dig., §§ 5398, 5476, 5477; A.S.A. 1947, §§ 12-501 -- 12-503.

(a) Immediately after his or her election, the Auditor of State shall execute and deliver to the Governor a bond to the State of Arkansas, with good and sufficient securities, in the sum of one hundred thousand dollars ($100,000), conditioned for the faithful performance of all the duties required, or which may be required, of him or her by law.

(b) The Governor shall endorse on the bond of the Auditor of State his or her approval of the bond, stating the time of approval, and deliver the endorsed bond to the Secretary of State, who shall file it among the records of his or her office.

(c) If any Auditor of State shall neglect or refuse to enter into bond within ten (10) days after the Governor is officially informed of his or her election, then the Office of Auditor of State shall be deemed and considered vacant.

Rev. Stat., ch. 18, §§ 2, 3, 5; Acts 1861, No. 81, § 2, p. 174; C. & M. Dig., §§ 4386, 4441, 4442; Pope's Dig., §§ 5398, 5476, 5477; A.S.A. 1947, §§ 12-501 -- 12-503.
Ark. Code Ann. § 25-32-104 — AR Code / Title 25 / Chapter 32 / Section 25-32-104
Prospective application
Status: in_force

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after March 19, 2001. Acts 2001, No. 905, § 4.

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after March 19, 2001.

Acts 2001, No. 905, § 4.
Ark. Code Ann. § 25-1-405 — AR Code / Title 25 / Chapter 1 / Subchapter 4 / Section 25-1-405
Cooperation by state agencies with Department of Finance and Administration - Report
Status: in_force

(a) Each state agency shall: (1) Cooperate with the Department of Finance and Administration in meeting the requirements of this subchapter; and (2) Take actions necessary to provide information under this subchapter. (b) (1) The department shall report annually to the Legislative Council the name of each state agency failing to provide information under this subchapter. (2) A copy of the report under subdivision (b)(1) of this section shall be posted on the website required by this subchapter immediately after presentation to the Legislative Council. (c) The Office of the Arkansas Lottery shall pay the costs of providing expenditure information for the office in the common format determined by the department. Amended by Act 2015, No. 218,§ 28, eff. 2/26/2015. Acts 2011, No. 303, § 1.

(a) Each state agency shall: (1) Cooperate with the Department of Finance and Administration in meeting the requirements of this subchapter; and (2) Take actions necessary to provide information under this subchapter.

(1) Cooperate with the Department of Finance and Administration in meeting the requirements of this subchapter; and

(2) Take actions necessary to provide information under this subchapter.

(b) (1) The department shall report annually to the Legislative Council the name of each state agency failing to provide information under this subchapter. (2) A copy of the report under subdivision (b)(1) of this section shall be posted on the website required by this subchapter immediately after presentation to the Legislative Council.

(1) The department shall report annually to the Legislative Council the name of each state agency failing to provide information under this subchapter.

(2) A copy of the report under subdivision (b)(1) of this section shall be posted on the website required by this subchapter immediately after presentation to the Legislative Council.

(c) The Office of the Arkansas Lottery shall pay the costs of providing expenditure information for the office in the common format determined by the department.

Amended by Act 2015, No. 218,§ 28, eff. 2/26/2015.

Acts 2011, No. 303, § 1.
Ark. Code Ann. § 25-43-1402 — AR Code / Title 25 / Chapter 43 / Subchapter 14 / Section 25-43-1402
State entities transferred to Department of Public Safety
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Public Safety by a cabinet-level transfer: (1) The Arkansas Commission on Law Enforcement Standards and Training, created under § 12-9-103 ; (2) The Arkansas Crime Information Center, created under § 12-12-201 ; (3) The former Arkansas Emergency Telephone Services Board, formerly created under § 12-10-318 ; (4) The Arkansas Homeland Security Advisory Group, created under § 12-75-132 ; (5) The Arkansas State Police Commission, created under § 12-8-102 ; (6) The Child Abuse Hotline, created under § 12-18-301 ; (7) The Crimes Against Children Division, created under § 12-8-502 ; (8) The Crime Victims Reparations Board, created under § 16-90-705 ; (9) The Arkansas Department of Emergency Management, created under § 12-75-109 , now known as the "Division of Emergency Management"; (10) The Department of Arkansas State Police, created under § 12-8-101 , now known as the "Division of Arkansas State Police"; (11) The Law Enforcement Support Office, referenced under § 19-11-605 ; (12) The Office of Fire Protection Services, created under § 20-22-805 ; (13) The State Crime Laboratory, created under § 12-12-301 ; (14) The State Crime Laboratory Board, created under § 12-12-302 ; (15) The State Emergency Response Commission, created under § 12-82-104 ; (16) [Repealed.] (17) The Supervisory Board for the Arkansas Crime Information Center, created under § 12-12-202 ; (18) The criminal detention facility review committees, created under § 12-26-105 ; and (19) The Office of Criminal Detention Facilities Review Coordinator, created under § 12-26-103 . (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 Public Safety 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 Public Safety 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 Public Safety 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 Public Safety in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 841,§ 45, eff. 7/1/2023. Amended by Act 2023, No. 306,§ 8, eff. 7/1/2023. Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Public Safety by a cabinet-level transfer: (1) The Arkansas Commission on Law Enforcement Standards and Training, created under § 12-9-103 ; (2) The Arkansas Crime Information Center, created under § 12-12-201 ; (3) The former Arkansas Emergency Telephone Services Board, formerly created under § 12-10-318 ; (4) The Arkansas Homeland Security Advisory Group, created under § 12-75-132 ; (5) The Arkansas State Police Commission, created under § 12-8-102 ; (6) The Child Abuse Hotline, created under § 12-18-301 ; (7) The Crimes Against Children Division, created under § 12-8-502 ; (8) The Crime Victims Reparations Board, created under § 16-90-705 ; (9) The Arkansas Department of Emergency Management, created under § 12-75-109 , now known as the "Division of Emergency Management"; (10) The Department of Arkansas State Police, created under § 12-8-101 , now known as the "Division of Arkansas State Police"; (11) The Law Enforcement Support Office, referenced under § 19-11-605 ; (12) The Office of Fire Protection Services, created under § 20-22-805 ; (13) The State Crime Laboratory, created under § 12-12-301 ; (14) The State Crime Laboratory Board, created under § 12-12-302 ; (15) The State Emergency Response Commission, created under § 12-82-104 ; (16) [Repealed.] (17) The Supervisory Board for the Arkansas Crime Information Center, created under § 12-12-202 ; (18) The criminal detention facility review committees, created under § 12-26-105 ; and (19) The Office of Criminal Detention Facilities Review Coordinator, created under § 12-26-103 .

(1) The Arkansas Commission on Law Enforcement Standards and Training, created under § 12-9-103 ;

(2) The Arkansas Crime Information Center, created under § 12-12-201 ;

(3) The former Arkansas Emergency Telephone Services Board, formerly created under § 12-10-318 ;

(4) The Arkansas Homeland Security Advisory Group, created under § 12-75-132 ;

(5) The Arkansas State Police Commission, created under § 12-8-102 ;

(6) The Child Abuse Hotline, created under § 12-18-301 ;

(7) The Crimes Against Children Division, created under § 12-8-502 ;

(8) The Crime Victims Reparations Board, created under § 16-90-705 ;

(9) The Arkansas Department of Emergency Management, created under § 12-75-109 , now known as the "Division of Emergency Management";

(10) The Department of Arkansas State Police, created under § 12-8-101 , now known as the "Division of Arkansas State Police";

(11) The Law Enforcement Support Office, referenced under § 19-11-605 ;

(12) The Office of Fire Protection Services, created under § 20-22-805 ;

(13) The State Crime Laboratory, created under § 12-12-301 ;

(14) The State Crime Laboratory Board, created under § 12-12-302 ;

(15) The State Emergency Response Commission, created under § 12-82-104 ;

(16) [Repealed.]

(17) The Supervisory Board for the Arkansas Crime Information Center, created under § 12-12-202 ;

(18) The criminal detention facility review committees, created under § 12-26-105 ; and

(19) The Office of Criminal Detention Facilities Review Coordinator, created under § 12-26-103 .

(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 Public Safety 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 Public Safety 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 Public Safety 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 Public Safety in the same manner as before the creation of the cabinet-level department.

Amended by Act 2023, No. 841,§ 45, eff. 7/1/2023.

Amended by Act 2023, No. 306,§ 8, eff. 7/1/2023.

Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.
Ark. Code Ann. § 25-18-214 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-214
Clerks - Personal liability
Status: in_force

(a) The clerk and his or her bondsmen shall be personally liable and responsible for the safekeeping of bound volumes of the reports. (b) The volume shall not be loaned or removed except that the clerk, upon approval of the Secretary of the Department of Finance and Administration, may remove or otherwise dispose of bound volumes if the official reports are available in electronic or other readily accessible medium in each county in the State of Arkansas for the general use of the courts, county officials, and attorneys. Amended by Act 2019, No. 910,§ 3582, eff. 7/1/2019. Acts 1941, No. 413, § 1; 1971, No. 322, § 1; 1975, No. 328, § 2; A.S.A. 1947, § 14-422; Acts 1991, No. 549, § 5; 2009, No. 221, § 13; 2011, No. 1122, § 3.

(a) The clerk and his or her bondsmen shall be personally liable and responsible for the safekeeping of bound volumes of the reports.

(b) The volume shall not be loaned or removed except that the clerk, upon approval of the Secretary of the Department of Finance and Administration, may remove or otherwise dispose of bound volumes if the official reports are available in electronic or other readily accessible medium in each county in the State of Arkansas for the general use of the courts, county officials, and attorneys.

Amended by Act 2019, No. 910,§ 3582, eff. 7/1/2019.

Acts 1941, No. 413, § 1; 1971, No. 322, § 1; 1975, No. 328, § 2; A.S.A. 1947, § 14-422; Acts 1991, No. 549, § 5; 2009, No. 221, § 13; 2011, No. 1122, § 3.
Ark. Code Ann. § 25-43-811 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-811
Duties and responsibilities of Office of Health Information Technology
Status: in_force

(a) The Office of Health Information Technology shall coordinate the health information technology initiatives of the state with relevant executive branch agencies, including without limitation state boards, commissions, nonprofit corporations, and institutions of higher education. (b) The Office of Health Information Technology Coordinator shall be selected and serve in a manner prescribed by the Secretary of the Department of Health. (c) The office shall: (1) Assure the effective coordination and collaboration of health information technology planning, development, implementation, and financing; (2) Review all health information technology-related grant applications before submission to funding entities; (3) Accept, receive, retain, disburse, and administer any state special or general revenue funds or federal funds specifically appropriated for health information technology; (4) Make contracts and execute all instruments necessary or convenient for carrying out its business; (5) Recommend to the State Board of Health regarding rules necessary to carry out the policies and objectives of this chapter; (6) Plan, establish, and operate the State Health Alliance for Records Exchange until the time when the operational responsibility and authority for the State Health Alliance for Records Exchange is transferred to a nonprofit corporation; and (7) (A) Establish reasonable fees or charges for the use of the State Health Alliance for Records Exchange to fund the operational costs of the State Health Alliance for Records Exchange and the office. (B) Fees or charges established under subdivision (c)(7)(A) of this section shall be set with the input and guidance of the users of the State Health Alliance for Records Exchange, stakeholders, and other interested parties. (C) Fees or charges established under subdivision (c)(7)(A) of this section shall not exceed the total cost of operating the State Health Alliance for Records Exchange, not including staffing costs for the State Health Alliance for Records Exchange and the office. (D) Users of data under this chapter shall be charged in a manner that is proportional to their use of the State Health Alliance for Records Exchange. (E) Revenue generated by the fees or charges under subdivision (c)(7)(A) of this section shall be deposited into the Health Information Technology Fund, § 19-5-1244 . Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The Office of Health Information Technology shall coordinate the health information technology initiatives of the state with relevant executive branch agencies, including without limitation state boards, commissions, nonprofit corporations, and institutions of higher education.

(b) The Office of Health Information Technology Coordinator shall be selected and serve in a manner prescribed by the Secretary of the Department of Health.

(c) The office shall: (1) Assure the effective coordination and collaboration of health information technology planning, development, implementation, and financing; (2) Review all health information technology-related grant applications before submission to funding entities; (3) Accept, receive, retain, disburse, and administer any state special or general revenue funds or federal funds specifically appropriated for health information technology; (4) Make contracts and execute all instruments necessary or convenient for carrying out its business; (5) Recommend to the State Board of Health regarding rules necessary to carry out the policies and objectives of this chapter; (6) Plan, establish, and operate the State Health Alliance for Records Exchange until the time when the operational responsibility and authority for the State Health Alliance for Records Exchange is transferred to a nonprofit corporation; and (7) (A) Establish reasonable fees or charges for the use of the State Health Alliance for Records Exchange to fund the operational costs of the State Health Alliance for Records Exchange and the office. (B) Fees or charges established under subdivision (c)(7)(A) of this section shall be set with the input and guidance of the users of the State Health Alliance for Records Exchange, stakeholders, and other interested parties. (C) Fees or charges established under subdivision (c)(7)(A) of this section shall not exceed the total cost of operating the State Health Alliance for Records Exchange, not including staffing costs for the State Health Alliance for Records Exchange and the office. (D) Users of data under this chapter shall be charged in a manner that is proportional to their use of the State Health Alliance for Records Exchange. (E) Revenue generated by the fees or charges under subdivision (c)(7)(A) of this section shall be deposited into the Health Information Technology Fund, § 19-5-1244 .

(1) Assure the effective coordination and collaboration of health information technology planning, development, implementation, and financing;

(2) Review all health information technology-related grant applications before submission to funding entities;

(3) Accept, receive, retain, disburse, and administer any state special or general revenue funds or federal funds specifically appropriated for health information technology;

(4) Make contracts and execute all instruments necessary or convenient for carrying out its business;

(5) Recommend to the State Board of Health regarding rules necessary to carry out the policies and objectives of this chapter;

(6) Plan, establish, and operate the State Health Alliance for Records Exchange until the time when the operational responsibility and authority for the State Health Alliance for Records Exchange is transferred to a nonprofit corporation; and

(7) (A) Establish reasonable fees or charges for the use of the State Health Alliance for Records Exchange to fund the operational costs of the State Health Alliance for Records Exchange and the office. (B) Fees or charges established under subdivision (c)(7)(A) of this section shall be set with the input and guidance of the users of the State Health Alliance for Records Exchange, stakeholders, and other interested parties. (C) Fees or charges established under subdivision (c)(7)(A) of this section shall not exceed the total cost of operating the State Health Alliance for Records Exchange, not including staffing costs for the State Health Alliance for Records Exchange and the office. (D) Users of data under this chapter shall be charged in a manner that is proportional to their use of the State Health Alliance for Records Exchange. (E) Revenue generated by the fees or charges under subdivision (c)(7)(A) of this section shall be deposited into the Health Information Technology Fund, § 19-5-1244 .

(A) Establish reasonable fees or charges for the use of the State Health Alliance for Records Exchange to fund the operational costs of the State Health Alliance for Records Exchange and the office.

(B) Fees or charges established under subdivision (c)(7)(A) of this section shall be set with the input and guidance of the users of the State Health Alliance for Records Exchange, stakeholders, and other interested parties.

(C) Fees or charges established under subdivision (c)(7)(A) of this section shall not exceed the total cost of operating the State Health Alliance for Records Exchange, not including staffing costs for the State Health Alliance for Records Exchange and the office.

(D) Users of data under this chapter shall be charged in a manner that is proportional to their use of the State Health Alliance for Records Exchange.

(E) Revenue generated by the fees or charges under subdivision (c)(7)(A) of this section shall be deposited into the Health Information Technology Fund, § 19-5-1244 .

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-20-312 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-312
Refunding bonds
Status: in_force

(a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of § 25-20-310 into a single issue. (b) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date. (c) (1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. Acts 2001, No. 982, § 1.

(a) Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of § 25-20-310 into a single issue.

(b) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.

(c) (1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

(1) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

(2) The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

Acts 2001, No. 982, § 1.