Ark. Code Ann. § 10-4-429 — AR Code / Title 10 / Chapter 4 / Subchapter 4 / Section 10-4-429
Report of security incident - Definitions
Status: in_force

(a) As used in this section: (1) "Public entity" means an entity of the state, political subdivision of the state, or school; and (2) "Security incident" means any compromise of the security, confidentiality, or integrity of an information system maintained by a public entity, a contractual provider of an information system that contracts with a public entity, or other computer-related services of a public entity, that is caused by any unauthorized: (A) Access to an information system of a public entity; (B) Destruction of an information system of a public entity or the data of an information system of a public entity; or (C) Acquisition of data from an information system of a public entity. (b) (1) A public entity that experiences a security incident shall disclose, in writing, an initial report of the known facts of the security incident to the Legislative Auditor within five (5) business days after learning of the security incident. (2) A public entity shall provide regular updates of the security incident to the Legislative Auditor until the investigation of the security incident is closed. (c) The Legislative Auditor shall: (1) Maintain a list of all security incidents reported by a public entity; and (2) Annually on or before December 15, report the information required by subdivision (c)(1) of this section to the Legislative Council, Legislative Joint Auditing Committee, and Joint Committee on Advanced Communications and Information Technology. (d) If the Legislative Auditor believes the security incident significantly compromises citizens' data, creates a significant security concern, or involves significant theft, then the Legislative Auditor shall notify: (1) The Governor; (2) The President Pro Tempore of the Senate; (3) The Speaker of the House of Representatives; (4) The House and Senate cochairs of the Legislative Council; (5) The cochairs and the co-vice chairs of the Legislative Joint Auditing Committee; and (6) The cochairs of the Joint Committee on Advanced Communications and Information Technology. (e) A report, update, notification, or list created or maintained under this section is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., as a security function under § 25-19-105(b)(11) . Amended by Act 2023, No. 175,§ 2, eff. 8/1/2023. Added by Act 2021, No. 260,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Public entity" means an entity of the state, political subdivision of the state, or school; and (2) "Security incident" means any compromise of the security, confidentiality, or integrity of an information system maintained by a public entity, a contractual provider of an information system that contracts with a public entity, or other computer-related services of a public entity, that is caused by any unauthorized: (A) Access to an information system of a public entity; (B) Destruction of an information system of a public entity or the data of an information system of a public entity; or (C) Acquisition of data from an information system of a public entity.

(1) "Public entity" means an entity of the state, political subdivision of the state, or school; and

(2) "Security incident" means any compromise of the security, confidentiality, or integrity of an information system maintained by a public entity, a contractual provider of an information system that contracts with a public entity, or other computer-related services of a public entity, that is caused by any unauthorized: (A) Access to an information system of a public entity; (B) Destruction of an information system of a public entity or the data of an information system of a public entity; or (C) Acquisition of data from an information system of a public entity.

(A) Access to an information system of a public entity;

(B) Destruction of an information system of a public entity or the data of an information system of a public entity; or

(C) Acquisition of data from an information system of a public entity.

(b) (1) A public entity that experiences a security incident shall disclose, in writing, an initial report of the known facts of the security incident to the Legislative Auditor within five (5) business days after learning of the security incident. (2) A public entity shall provide regular updates of the security incident to the Legislative Auditor until the investigation of the security incident is closed.

(1) A public entity that experiences a security incident shall disclose, in writing, an initial report of the known facts of the security incident to the Legislative Auditor within five (5) business days after learning of the security incident.

(2) A public entity shall provide regular updates of the security incident to the Legislative Auditor until the investigation of the security incident is closed.

(c) The Legislative Auditor shall: (1) Maintain a list of all security incidents reported by a public entity; and (2) Annually on or before December 15, report the information required by subdivision (c)(1) of this section to the Legislative Council, Legislative Joint Auditing Committee, and Joint Committee on Advanced Communications and Information Technology.

(1) Maintain a list of all security incidents reported by a public entity; and

(2) Annually on or before December 15, report the information required by subdivision (c)(1) of this section to the Legislative Council, Legislative Joint Auditing Committee, and Joint Committee on Advanced Communications and Information Technology.

(d) If the Legislative Auditor believes the security incident significantly compromises citizens' data, creates a significant security concern, or involves significant theft, then the Legislative Auditor shall notify: (1) The Governor; (2) The President Pro Tempore of the Senate; (3) The Speaker of the House of Representatives; (4) The House and Senate cochairs of the Legislative Council; (5) The cochairs and the co-vice chairs of the Legislative Joint Auditing Committee; and (6) The cochairs of the Joint Committee on Advanced Communications and Information Technology.

(1) The Governor;

(2) The President Pro Tempore of the Senate;

(3) The Speaker of the House of Representatives;

(4) The House and Senate cochairs of the Legislative Council;

(5) The cochairs and the co-vice chairs of the Legislative Joint Auditing Committee; and

(6) The cochairs of the Joint Committee on Advanced Communications and Information Technology.

(e) A report, update, notification, or list created or maintained under this section is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., as a security function under § 25-19-105(b)(11) .

Amended by Act 2023, No. 175,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 260,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 10-3-208 — AR Code / Title 10 / Chapter 3 / Subchapter 2 / Section 10-3-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1465,§ 1, eff. 8/16/2013. Acts 1973, No. 90, § 11; A.S.A. 1947, § 4-1010; Acts 2009, No. 1465, § 6.

Repealed by Act 2013, No. 1465,§ 1, eff. 8/16/2013.

Acts 1973, No. 90, § 11; A.S.A. 1947, § 4-1010; Acts 2009, No. 1465, § 6.
Ark. Code Ann. § 10-3-1104 — AR Code / Title 10 / Chapter 3 / Subchapter 11 / Section 10-3-1104
Powers and duties
Status: in_force

(a) The Joint Interim Committee on Legislative Facilities shall review the existing usage of the space presently used by the General Assembly in the State Capitol Building and shall make such reallocations thereof or improvements thereto as in the judgment of the Joint Interim Committee on Legislative Facilities are necessary to serve the needs of the Senate and the House of Representatives, their respective standing committees, and the several interim committees of the General Assembly and legislative staff services. (b) The Joint Interim Committee on Legislative Facilities may undertake any or all of the improvements contemplated in this subchapter after conferring with the Legislative Council, the agencies affected, and the Governor, giving due consideration to the needs and convenience of the several state agencies presently housed in the State Capitol Building in space to be converted to legislative use, and especially after considering the plans for providing space for the agencies in a state office building, and may undertake improvements as a single project or in a series of projects as the Joint Interim Committee on Legislative Facilities may determine to be in the best interest of the General Assembly. (c) [Repealed.] Amended by Act 2013, No. 1465,§ 3, eff. 8/16/2013. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 1997, No. 1354, § 23.

(a) The Joint Interim Committee on Legislative Facilities shall review the existing usage of the space presently used by the General Assembly in the State Capitol Building and shall make such reallocations thereof or improvements thereto as in the judgment of the Joint Interim Committee on Legislative Facilities are necessary to serve the needs of the Senate and the House of Representatives, their respective standing committees, and the several interim committees of the General Assembly and legislative staff services.

(b) The Joint Interim Committee on Legislative Facilities may undertake any or all of the improvements contemplated in this subchapter after conferring with the Legislative Council, the agencies affected, and the Governor, giving due consideration to the needs and convenience of the several state agencies presently housed in the State Capitol Building in space to be converted to legislative use, and especially after considering the plans for providing space for the agencies in a state office building, and may undertake improvements as a single project or in a series of projects as the Joint Interim Committee on Legislative Facilities may determine to be in the best interest of the General Assembly.

(c) [Repealed.]

Amended by Act 2013, No. 1465,§ 3, eff. 8/16/2013.

Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 1997, No. 1354, § 23.
Ark. Code Ann. § 10-2-129 — AR Code / Title 10 / Chapter 2 / Subchapter 1 / Section 10-2-129
Drafting and information requests to legislative employees - Privilege regarding confidential communications - Legislative findings and purpose - Definitions
Status: in_force

(a) The General Assembly finds: (1) Arkansas Constitution, Article 5, § 15, provides, in part, that "for any speech or debate in either house, [the members of the General Assembly] shall not be questioned in any other place"; (2) The common law doctrine of legislative privilege shields legislators from disclosure of information related to legitimate legislative actions and the purposes underlying those actions. In re Hubbard, 803 F.3d 1298, 1310 (11th Cir. 2015); and (3) The common law deliberative process privilege also exists to protect "confidential exchanges of opinions and advice" and applies to documents and testimony that are "pre-decisional, deliberative, and reflect the subjective intent of the legislators." Corporacion Insular de Seguros v. Garcia, 709 F. Supp 288, 295 (D.P.R. 1989) and Doe v. Nebraska, 788 F. Supp. 2d 975, 985 (D. Neb. 2011). (b) The purpose of this section is to provide for the confidential and privileged nature of certain documents and communications resulting from the legislative process to implement the protections provided by Arkansas Constitution, Article 5, § 15, legislative privilege, and deliberative process privilege. (c) As used in this section: (1) "Confidential communication" means: (A) A drafting request; (B) An information request; (C) A supporting document for a drafting request or information request; (D) The draft or the work product for a drafting request or information request; and (E) Any other verbal or written communication regarding a drafting request or an information request; (2) "Legislative employee" means an employee of the House of Representatives, the Senate, the Bureau of Legislative Research, Arkansas Legislative Audit, and the Arkansas Code Revision Commission; and (3) "Legislator" means a: (A) Member of the General Assembly; (B) Member-elect of the General Assembly; or (C) Former member of the General Assembly if the confidential communication, including without limitation a drafting request or information request, was made while the former member of the General Assembly was serving in the General Assembly. (d) (1) A drafting request or information request made to a legislative employee by or on behalf of a legislator is confidential and privileged. (2) The identity of the legislator making the request, except to the extent necessary to fulfill the request, and the existence of the request shall not be revealed to any person who is not a legislative employee without the consent of the legislator. (e) (1) Any supporting documents submitted or caused to be submitted to a legislative employee by a legislator in connection with a drafting request or information request are confidential and privileged. (2) Except to the extent necessary to fulfill the request, the document, copies of the document, or the identity of the person, firm, or association producing it shall not be provided to any person who is not a legislative employee without the consent of the legislator. (f) Unless made public by the legislator, a drafting request, information request, supporting documents, and the drafts or the work product for a drafting request or information request are not public records under § 25-19-103 . (g) (1) A legislator has a privilege to refuse to disclose and to prevent a legislative employee from disclosing a confidential communication, including without limitation a confidential communication between: (A) The legislator or his or her representative and a legislative employee; (B) Two (2) or more legislative employees relating to a drafting request or an information request made by the legislator; or (C) Representatives of two (2) or more legislators and a legislative employee. (2) The privilege under subdivision (g)(1) of this section: (A) Applies to a former legislative employee if he or she received a confidential communication while employed as a legislative employee; and (B) Does not apply if the services of the legislative employee were sought or obtained to enable or aid anyone to commit or plan to commit what the legislator knew or reasonably should have known to be a crime or fraud. (h) A confidential communication shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., and shall be an absolutely privileged communication. (i) (1) The Legislative Council may authorize the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation. (2) If the Legislative Council authorizes the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation, the request, supporting documents, working papers, and drafts in the possession of the bureau are confidential and are not public records under § 25-19-103 . (j) Nothing in this section prohibits a legislative employee from working on similar or identical drafting requests or information requests from more than one (1) legislator. (k) A former legislative employee is guilty of a Class B misdemeanor if the former legislative employee knowingly: (1) Discloses a confidential communication received while employed as a legislative employee; or (2) Uses a confidential communication received while employed as a legislative employee for his or her personal gain or benefit. Amended by Act 2023, No. 627,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 554,§ 2, eff. 7/22/2015. Acts 2005, No. 1559, § 1.

(a) The General Assembly finds: (1) Arkansas Constitution, Article 5, § 15, provides, in part, that "for any speech or debate in either house, [the members of the General Assembly] shall not be questioned in any other place"; (2) The common law doctrine of legislative privilege shields legislators from disclosure of information related to legitimate legislative actions and the purposes underlying those actions. In re Hubbard, 803 F.3d 1298, 1310 (11th Cir. 2015); and (3) The common law deliberative process privilege also exists to protect "confidential exchanges of opinions and advice" and applies to documents and testimony that are "pre-decisional, deliberative, and reflect the subjective intent of the legislators." Corporacion Insular de Seguros v. Garcia, 709 F. Supp 288, 295 (D.P.R. 1989) and Doe v. Nebraska, 788 F. Supp. 2d 975, 985 (D. Neb. 2011).

(1) Arkansas Constitution, Article 5, § 15, provides, in part, that "for any speech or debate in either house, [the members of the General Assembly] shall not be questioned in any other place";

(2) The common law doctrine of legislative privilege shields legislators from disclosure of information related to legitimate legislative actions and the purposes underlying those actions. In re Hubbard, 803 F.3d 1298, 1310 (11th Cir. 2015); and

(3) The common law deliberative process privilege also exists to protect "confidential exchanges of opinions and advice" and applies to documents and testimony that are "pre-decisional, deliberative, and reflect the subjective intent of the legislators." Corporacion Insular de Seguros v. Garcia, 709 F. Supp 288, 295 (D.P.R. 1989) and Doe v. Nebraska, 788 F. Supp. 2d 975, 985 (D. Neb. 2011).

(b) The purpose of this section is to provide for the confidential and privileged nature of certain documents and communications resulting from the legislative process to implement the protections provided by Arkansas Constitution, Article 5, § 15, legislative privilege, and deliberative process privilege.

(c) As used in this section: (1) "Confidential communication" means: (A) A drafting request; (B) An information request; (C) A supporting document for a drafting request or information request; (D) The draft or the work product for a drafting request or information request; and (E) Any other verbal or written communication regarding a drafting request or an information request; (2) "Legislative employee" means an employee of the House of Representatives, the Senate, the Bureau of Legislative Research, Arkansas Legislative Audit, and the Arkansas Code Revision Commission; and (3) "Legislator" means a: (A) Member of the General Assembly; (B) Member-elect of the General Assembly; or (C) Former member of the General Assembly if the confidential communication, including without limitation a drafting request or information request, was made while the former member of the General Assembly was serving in the General Assembly.

(1) "Confidential communication" means: (A) A drafting request; (B) An information request; (C) A supporting document for a drafting request or information request; (D) The draft or the work product for a drafting request or information request; and (E) Any other verbal or written communication regarding a drafting request or an information request;

(A) A drafting request;

(B) An information request;

(C) A supporting document for a drafting request or information request;

(D) The draft or the work product for a drafting request or information request; and

(E) Any other verbal or written communication regarding a drafting request or an information request;

(2) "Legislative employee" means an employee of the House of Representatives, the Senate, the Bureau of Legislative Research, Arkansas Legislative Audit, and the Arkansas Code Revision Commission; and

(3) "Legislator" means a: (A) Member of the General Assembly; (B) Member-elect of the General Assembly; or (C) Former member of the General Assembly if the confidential communication, including without limitation a drafting request or information request, was made while the former member of the General Assembly was serving in the General Assembly.

(A) Member of the General Assembly;

(B) Member-elect of the General Assembly; or

(C) Former member of the General Assembly if the confidential communication, including without limitation a drafting request or information request, was made while the former member of the General Assembly was serving in the General Assembly.

(d) (1) A drafting request or information request made to a legislative employee by or on behalf of a legislator is confidential and privileged. (2) The identity of the legislator making the request, except to the extent necessary to fulfill the request, and the existence of the request shall not be revealed to any person who is not a legislative employee without the consent of the legislator.

(1) A drafting request or information request made to a legislative employee by or on behalf of a legislator is confidential and privileged.

(2) The identity of the legislator making the request, except to the extent necessary to fulfill the request, and the existence of the request shall not be revealed to any person who is not a legislative employee without the consent of the legislator.

(e) (1) Any supporting documents submitted or caused to be submitted to a legislative employee by a legislator in connection with a drafting request or information request are confidential and privileged. (2) Except to the extent necessary to fulfill the request, the document, copies of the document, or the identity of the person, firm, or association producing it shall not be provided to any person who is not a legislative employee without the consent of the legislator.

(1) Any supporting documents submitted or caused to be submitted to a legislative employee by a legislator in connection with a drafting request or information request are confidential and privileged.

(2) Except to the extent necessary to fulfill the request, the document, copies of the document, or the identity of the person, firm, or association producing it shall not be provided to any person who is not a legislative employee without the consent of the legislator.

(f) Unless made public by the legislator, a drafting request, information request, supporting documents, and the drafts or the work product for a drafting request or information request are not public records under § 25-19-103 .

(g) (1) A legislator has a privilege to refuse to disclose and to prevent a legislative employee from disclosing a confidential communication, including without limitation a confidential communication between: (A) The legislator or his or her representative and a legislative employee; (B) Two (2) or more legislative employees relating to a drafting request or an information request made by the legislator; or (C) Representatives of two (2) or more legislators and a legislative employee. (2) The privilege under subdivision (g)(1) of this section: (A) Applies to a former legislative employee if he or she received a confidential communication while employed as a legislative employee; and (B) Does not apply if the services of the legislative employee were sought or obtained to enable or aid anyone to commit or plan to commit what the legislator knew or reasonably should have known to be a crime or fraud.

(1) A legislator has a privilege to refuse to disclose and to prevent a legislative employee from disclosing a confidential communication, including without limitation a confidential communication between: (A) The legislator or his or her representative and a legislative employee; (B) Two (2) or more legislative employees relating to a drafting request or an information request made by the legislator; or (C) Representatives of two (2) or more legislators and a legislative employee.

(A) The legislator or his or her representative and a legislative employee;

(B) Two (2) or more legislative employees relating to a drafting request or an information request made by the legislator; or

(C) Representatives of two (2) or more legislators and a legislative employee.

(2) The privilege under subdivision (g)(1) of this section: (A) Applies to a former legislative employee if he or she received a confidential communication while employed as a legislative employee; and (B) Does not apply if the services of the legislative employee were sought or obtained to enable or aid anyone to commit or plan to commit what the legislator knew or reasonably should have known to be a crime or fraud.

(A) Applies to a former legislative employee if he or she received a confidential communication while employed as a legislative employee; and

(B) Does not apply if the services of the legislative employee were sought or obtained to enable or aid anyone to commit or plan to commit what the legislator knew or reasonably should have known to be a crime or fraud.

(h) A confidential communication shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., and shall be an absolutely privileged communication.

(i) (1) The Legislative Council may authorize the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation. (2) If the Legislative Council authorizes the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation, the request, supporting documents, working papers, and drafts in the possession of the bureau are confidential and are not public records under § 25-19-103 .

(1) The Legislative Council may authorize the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation.

(2) If the Legislative Council authorizes the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation, the request, supporting documents, working papers, and drafts in the possession of the bureau are confidential and are not public records under § 25-19-103 .

(j) Nothing in this section prohibits a legislative employee from working on similar or identical drafting requests or information requests from more than one (1) legislator.

(k) A former legislative employee is guilty of a Class B misdemeanor if the former legislative employee knowingly: (1) Discloses a confidential communication received while employed as a legislative employee; or (2) Uses a confidential communication received while employed as a legislative employee for his or her personal gain or benefit.

(1) Discloses a confidential communication received while employed as a legislative employee; or

(2) Uses a confidential communication received while employed as a legislative employee for his or her personal gain or benefit.

Amended by Act 2023, No. 627,§ 1, eff. 8/1/2023.

Amended by Act 2015, No. 554,§ 2, eff. 7/22/2015.

Acts 2005, No. 1559, § 1.
Ark. Code Ann. § 10-4-406 — AR Code / Title 10 / Chapter 4 / Subchapter 4 / Section 10-4-406
Written appointment and oath of Legislative Auditor
Status: in_force

(a) The cochairs of the Legislative Joint Auditing Committee, upon vote or approval of the majority of the membership of the Legislative Joint Auditing Committee, shall execute a written appointment of the person employed as the Legislative Auditor and cause the written appointment to be filed in the office of the Secretary of State. (b) Upon appointment, the Legislative Auditor shall qualify by taking the constitutional oath. Acts 2005, No. 2201, § 7.

(a) The cochairs of the Legislative Joint Auditing Committee, upon vote or approval of the majority of the membership of the Legislative Joint Auditing Committee, shall execute a written appointment of the person employed as the Legislative Auditor and cause the written appointment to be filed in the office of the Secretary of State.

(b) Upon appointment, the Legislative Auditor shall qualify by taking the constitutional oath.

Acts 2005, No. 2201, § 7.
Ark. Code Ann. § 10-3-309 — AR Code / Title 10 / Chapter 3 / Subchapter 3 / Section 10-3-309
Review and approval of state agency rules - Definitions
Status: in_force

(a) (1) (A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules. (B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent. (2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies. (b) As used in this section: (1) (A) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; or (v) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and (2) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" does not include the following unless the Legislative Council adopts rules under subsection (h) of this section that include one (1) or more of the following in the definition of "state agency": (i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly; (ii) Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A) , the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and (iii) An institution of higher education. (c) (1) A state agency shall file a proposed rule with the Legislative Council at least thirty (30) days before the expiration of the period for public comment on the rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of that state agency. (2) The Legislative Council shall assign proposed rules to the Administrative Rules Subcommittee of the Legislative Council. (3) (A) (i) The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council. (ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule. (B) (i) (a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule. (b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (ii) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present. (4) (A) (i) Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule. (ii) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (B) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present. (5) (A) (i) If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter: (a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or (b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group. (ii) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate: (a) The Legislative Council; (b) The Administrative Rules Subcommittee of the Legislative Council; (c) The Joint Budget Committee; or (d) The Administrative Rule Review Subcommittee of the Joint Budget Committee. (B) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section for review, the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, the Joint Budget Committee, or the Administrative Rule Review Subcommittee of the Joint Budget Committee, as appropriate, may: (i) Separate the proposed rules if requested by: (a) A member of the General Assembly; or (b) One (1) of the state agencies that promulgated the proposed rules; and (ii) Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section. (d) (1) A state agency shall file a proposed emergency rule with the Executive Subcommittee of the Legislative Council. (2) A proposed emergency rule shall be considered approved by the Executive Subcommittee of the Legislative Council if: (A) (i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council. (ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule. (iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or (B) (i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing. (ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) A proposed emergency rule approved by the Executive Subcommittee of the Legislative Council shall be reported to the Administrative Rules Subcommittee of the Legislative Council. (e) (1) The Joint Budget Committee shall establish the Administrative Rule Review Subcommittee. (2) (A) The Administrative Rule Review Subcommittee shall consist of twenty-two (22) members of the General Assembly. (B) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee. (ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee. (C) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee. (ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee. (3) The cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Administrative Rule Review Subcommittee. (4) (A) The Administrative Rule Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly. (B) The Administrative Rule Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule Review Subcommittee. (5) (A) During a regular, fiscal, or extraordinary session of the General Assembly: (i) The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and (ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section. (B) Actions taken by the Administrative Rule Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council under this section. (C) The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable. (f) (1) A committee or subcommittee under this section may vote to not approve a rule under this section only if the rule is inconsistent with: (A) State or federal law; or (B) Legislative intent. (2) A committee or subcommittee under this section voting not to approve a rule under this section shall state the grounds under subdivision (f)(1) of this section when not approving a rule. (3) A committee or subcommittee under this section considering a rule submitted in accordance with § 20-7-604(d)(2)(D) , concerning exemptions from the Prescription Drug Monitoring Program, is not required to state the grounds required under subdivision (f)(1) of this section when not approving a rule. (4) A committee or subcommittee under this section considering a rule containing a fee or penalty submitted in accordance with § 25-15-105 is not required to state the grounds under subdivision (f)(1) of this section when not approving a rule containing a fee or penalty and may choose not to approve a rule containing a fee or penalty submitted under § 25-15-105 for any reason. (g) (1) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee may refer a rule to a committee of the General Assembly for the committee's consideration. (2) After the referred rule is presented to a committee of the General Assembly and considered, the committee to whom the rule was referred may provide its views and opinions on the rule to the committee or subcommittee that referred the rule. (3) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee shall not delegate their authority to review or approve a rule under this section to a committee or subcommittee of the General Assembly or the Legislative Council. (h) (1) The Legislative Council shall adopt rules to implement this section, including without limitation rules concerning: (A) The process for determining when a rule will be placed on the agendas of the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council; and (B) The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule. (2) The Legislative Council may adopt rules amending the definition of "state agency" under subdivision (b)(2)(B) of this section to provide: (A) That the definition of "state agency" includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and (B) That the definition of "state agency" under this section does not include an agency of state government. (i) The review and approval of a rule under this section shall not be construed to: (1) Represent an expression by the General Assembly that the rule is consistent with: (A) State or federal law; or (B) Legislative intent; and (2) Have any effect in a judicial proceeding relating to the rule, including without limitation a judicial review of the rule under § 25-15-212 or other applicable provision of law. Amended by Act 2023, No. 510,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1101,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 742, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 741, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 740, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 739, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 738, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 737, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 736, eff. 7/24/2019. Amended by Act 2019, No. 319,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 820,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 820,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 12, eff. 8/1/2017. Amended by Act 2017, No. 605,§ 1, eff. 8/1/2017. Amended by Act 2016EX3, No. 1,§ 2, eff. 7/1/2016. Amended by Act 2015, No. 1258,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 759,§ 2, eff. 8/16/2013. Acts 1973, No. 583, §§ 1, 2, 4-6; 1979, No. 136, § 1; A.S.A. 1947, §§ 6-608, 6-608n, 6-610 -- 6-612; Acts 1987, No. 85, § 1; 1995, No. 884, §§ 4, 5; 1995, No. 1104, § 2; 1997, No. 1354, § 15; 2001, No. 983, § 1; 2006 (1st Ex. Sess.), No. 38, § 2; 2011, No. 273, § 1.

(a) (1) (A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules. (B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent. (2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.

(1) (A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules. (B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.

(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.

(B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.

(2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.

(b) As used in this section: (1) (A) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; or (v) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and (2) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" does not include the following unless the Legislative Council adopts rules under subsection (h) of this section that include one (1) or more of the following in the definition of "state agency": (i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly; (ii) Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A) , the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and (iii) An institution of higher education.

(1) (A) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule. (B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; or (v) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and

(A) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.

(B) "Rule" does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; or (v) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and

(i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;

(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;

(iii) Intraagency memoranda;

(iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare & Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Procedure Coding System codes; (c) International Classification of Diseases codes; (d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (e) National Correct Coding Initiative codes; or

(a) Current Procedural Terminology codes;

(b) Healthcare Common Procedure Coding System codes;

(c) International Classification of Diseases codes;

(d) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and

(e) National Correct Coding Initiative codes; or

(v) An internal policy or the internal guidelines of a state agency related to a cybersecurity incident involving, or a cyberattack on, a state agency; and

(2) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules. (B) "State agency" does not include the following unless the Legislative Council adopts rules under subsection (h) of this section that include one (1) or more of the following in the definition of "state agency": (i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly; (ii) Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A) , the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and (iii) An institution of higher education.

(A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules.

(B) "State agency" does not include the following unless the Legislative Council adopts rules under subsection (h) of this section that include one (1) or more of the following in the definition of "state agency": (i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly; (ii) Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A) , the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and (iii) An institution of higher education.

(i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly;

(ii) Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A) , the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and

(iii) An institution of higher education.

(c) (1) A state agency shall file a proposed rule with the Legislative Council at least thirty (30) days before the expiration of the period for public comment on the rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of that state agency. (2) The Legislative Council shall assign proposed rules to the Administrative Rules Subcommittee of the Legislative Council. (3) (A) (i) The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council. (ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule. (B) (i) (a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule. (b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (ii) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present. (4) (A) (i) Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule. (ii) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (B) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present. (5) (A) (i) If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter: (a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or (b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group. (ii) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate: (a) The Legislative Council; (b) The Administrative Rules Subcommittee of the Legislative Council; (c) The Joint Budget Committee; or (d) The Administrative Rule Review Subcommittee of the Joint Budget Committee. (B) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section for review, the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, the Joint Budget Committee, or the Administrative Rule Review Subcommittee of the Joint Budget Committee, as appropriate, may: (i) Separate the proposed rules if requested by: (a) A member of the General Assembly; or (b) One (1) of the state agencies that promulgated the proposed rules; and (ii) Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section.

(1) A state agency shall file a proposed rule with the Legislative Council at least thirty (30) days before the expiration of the period for public comment on the rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of that state agency.

(2) The Legislative Council shall assign proposed rules to the Administrative Rules Subcommittee of the Legislative Council.

(3) (A) (i) The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council. (ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule. (B) (i) (a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule. (b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (ii) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.

(A) (i) The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council. (ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule.

(i) The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council.

(ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule.

(B) (i) (a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule. (b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (ii) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.

(i) (a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule. (b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(a) Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule.

(b) If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(ii) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.

(4) (A) (i) Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule. (ii) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved. (B) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.

(A) (i) Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule. (ii) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(i) Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule.

(ii) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(B) A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D) , concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.

(5) (A) (i) If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter: (a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or (b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group. (ii) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate: (a) The Legislative Council; (b) The Administrative Rules Subcommittee of the Legislative Council; (c) The Joint Budget Committee; or (d) The Administrative Rule Review Subcommittee of the Joint Budget Committee. (B) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section for review, the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, the Joint Budget Committee, or the Administrative Rule Review Subcommittee of the Joint Budget Committee, as appropriate, may: (i) Separate the proposed rules if requested by: (a) A member of the General Assembly; or (b) One (1) of the state agencies that promulgated the proposed rules; and (ii) Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section.

(A) (i) If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter: (a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or (b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group. (ii) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate: (a) The Legislative Council; (b) The Administrative Rules Subcommittee of the Legislative Council; (c) The Joint Budget Committee; or (d) The Administrative Rule Review Subcommittee of the Joint Budget Committee.

(i) If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter: (a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or (b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group.

(a) A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or

(b) A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group.

(ii) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate: (a) The Legislative Council; (b) The Administrative Rules Subcommittee of the Legislative Council; (c) The Joint Budget Committee; or (d) The Administrative Rule Review Subcommittee of the Joint Budget Committee.

(a) The Legislative Council;

(b) The Administrative Rules Subcommittee of the Legislative Council;

(c) The Joint Budget Committee; or

(d) The Administrative Rule Review Subcommittee of the Joint Budget Committee.

(B) If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section for review, the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, the Joint Budget Committee, or the Administrative Rule Review Subcommittee of the Joint Budget Committee, as appropriate, may: (i) Separate the proposed rules if requested by: (a) A member of the General Assembly; or (b) One (1) of the state agencies that promulgated the proposed rules; and (ii) Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section.

(i) Separate the proposed rules if requested by: (a) A member of the General Assembly; or (b) One (1) of the state agencies that promulgated the proposed rules; and

(a) A member of the General Assembly; or

(b) One (1) of the state agencies that promulgated the proposed rules; and

(ii) Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section.

(d) (1) A state agency shall file a proposed emergency rule with the Executive Subcommittee of the Legislative Council. (2) A proposed emergency rule shall be considered approved by the Executive Subcommittee of the Legislative Council if: (A) (i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council. (ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule. (iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or (B) (i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing. (ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) A proposed emergency rule approved by the Executive Subcommittee of the Legislative Council shall be reported to the Administrative Rules Subcommittee of the Legislative Council.

(1) A state agency shall file a proposed emergency rule with the Executive Subcommittee of the Legislative Council.

(2) A proposed emergency rule shall be considered approved by the Executive Subcommittee of the Legislative Council if: (A) (i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council. (ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule. (iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or (B) (i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing. (ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) (i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council. (ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule. (iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or

(i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council.

(ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule.

(iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or

(B) (i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing. (ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing.

(ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) A proposed emergency rule approved by the Executive Subcommittee of the Legislative Council shall be reported to the Administrative Rules Subcommittee of the Legislative Council.

(e) (1) The Joint Budget Committee shall establish the Administrative Rule Review Subcommittee. (2) (A) The Administrative Rule Review Subcommittee shall consist of twenty-two (22) members of the General Assembly. (B) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee. (ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee. (C) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee. (ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee. (3) The cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Administrative Rule Review Subcommittee. (4) (A) The Administrative Rule Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly. (B) The Administrative Rule Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule Review Subcommittee. (5) (A) During a regular, fiscal, or extraordinary session of the General Assembly: (i) The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and (ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section. (B) Actions taken by the Administrative Rule Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council under this section. (C) The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable.

(1) The Joint Budget Committee shall establish the Administrative Rule Review Subcommittee.

(2) (A) The Administrative Rule Review Subcommittee shall consist of twenty-two (22) members of the General Assembly. (B) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee. (ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee. (C) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee. (ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee.

(A) The Administrative Rule Review Subcommittee shall consist of twenty-two (22) members of the General Assembly.

(B) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee. (ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee.

(i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee.

(ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee.

(C) (i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee. (ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee.

(i) Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee.

(ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee.

(3) The cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Administrative Rule Review Subcommittee.

(4) (A) The Administrative Rule Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly. (B) The Administrative Rule Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule Review Subcommittee.

(A) The Administrative Rule Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly.

(B) The Administrative Rule Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule Review Subcommittee.

(5) (A) During a regular, fiscal, or extraordinary session of the General Assembly: (i) The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and (ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section. (B) Actions taken by the Administrative Rule Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council under this section. (C) The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable.

(A) During a regular, fiscal, or extraordinary session of the General Assembly: (i) The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and (ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section.

(i) The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and

(ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section.

(B) Actions taken by the Administrative Rule Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council under this section.

(C) The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable.

(f) (1) A committee or subcommittee under this section may vote to not approve a rule under this section only if the rule is inconsistent with: (A) State or federal law; or (B) Legislative intent. (2) A committee or subcommittee under this section voting not to approve a rule under this section shall state the grounds under subdivision (f)(1) of this section when not approving a rule. (3) A committee or subcommittee under this section considering a rule submitted in accordance with § 20-7-604(d)(2)(D) , concerning exemptions from the Prescription Drug Monitoring Program, is not required to state the grounds required under subdivision (f)(1) of this section when not approving a rule. (4) A committee or subcommittee under this section considering a rule containing a fee or penalty submitted in accordance with § 25-15-105 is not required to state the grounds under subdivision (f)(1) of this section when not approving a rule containing a fee or penalty and may choose not to approve a rule containing a fee or penalty submitted under § 25-15-105 for any reason.

(1) A committee or subcommittee under this section may vote to not approve a rule under this section only if the rule is inconsistent with: (A) State or federal law; or (B) Legislative intent.

(A) State or federal law; or

(B) Legislative intent.

(2) A committee or subcommittee under this section voting not to approve a rule under this section shall state the grounds under subdivision (f)(1) of this section when not approving a rule.

(3) A committee or subcommittee under this section considering a rule submitted in accordance with § 20-7-604(d)(2)(D) , concerning exemptions from the Prescription Drug Monitoring Program, is not required to state the grounds required under subdivision (f)(1) of this section when not approving a rule.

(4) A committee or subcommittee under this section considering a rule containing a fee or penalty submitted in accordance with § 25-15-105 is not required to state the grounds under subdivision (f)(1) of this section when not approving a rule containing a fee or penalty and may choose not to approve a rule containing a fee or penalty submitted under § 25-15-105 for any reason.

(g) (1) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee may refer a rule to a committee of the General Assembly for the committee's consideration. (2) After the referred rule is presented to a committee of the General Assembly and considered, the committee to whom the rule was referred may provide its views and opinions on the rule to the committee or subcommittee that referred the rule. (3) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee shall not delegate their authority to review or approve a rule under this section to a committee or subcommittee of the General Assembly or the Legislative Council.

(1) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee may refer a rule to a committee of the General Assembly for the committee's consideration.

(2) After the referred rule is presented to a committee of the General Assembly and considered, the committee to whom the rule was referred may provide its views and opinions on the rule to the committee or subcommittee that referred the rule.

(3) The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee shall not delegate their authority to review or approve a rule under this section to a committee or subcommittee of the General Assembly or the Legislative Council.

(h) (1) The Legislative Council shall adopt rules to implement this section, including without limitation rules concerning: (A) The process for determining when a rule will be placed on the agendas of the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council; and (B) The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule. (2) The Legislative Council may adopt rules amending the definition of "state agency" under subdivision (b)(2)(B) of this section to provide: (A) That the definition of "state agency" includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and (B) That the definition of "state agency" under this section does not include an agency of state government.

(1) The Legislative Council shall adopt rules to implement this section, including without limitation rules concerning: (A) The process for determining when a rule will be placed on the agendas of the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council; and (B) The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule.

(A) The process for determining when a rule will be placed on the agendas of the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council; and

(B) The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule.

(2) The Legislative Council may adopt rules amending the definition of "state agency" under subdivision (b)(2)(B) of this section to provide: (A) That the definition of "state agency" includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and (B) That the definition of "state agency" under this section does not include an agency of state government.

(A) That the definition of "state agency" includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and

(B) That the definition of "state agency" under this section does not include an agency of state government.

(i) The review and approval of a rule under this section shall not be construed to: (1) Represent an expression by the General Assembly that the rule is consistent with: (A) State or federal law; or (B) Legislative intent; and (2) Have any effect in a judicial proceeding relating to the rule, including without limitation a judicial review of the rule under § 25-15-212 or other applicable provision of law.

(1) Represent an expression by the General Assembly that the rule is consistent with: (A) State or federal law; or (B) Legislative intent; and

(A) State or federal law; or

(B) Legislative intent; and

(2) Have any effect in a judicial proceeding relating to the rule, including without limitation a judicial review of the rule under § 25-15-212 or other applicable provision of law.

Amended by Act 2023, No. 510,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1101,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 742, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 741, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 740, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 739, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 738, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 737, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 736, eff. 7/24/2019.

Amended by Act 2019, No. 319,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 820,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 820,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 12, eff. 8/1/2017.

Amended by Act 2017, No. 605,§ 1, eff. 8/1/2017.

Amended by Act 2016EX3, No. 1,§ 2, eff. 7/1/2016.

Amended by Act 2015, No. 1258,§ 13, eff. 7/22/2015.

Amended by Act 2013, No. 759,§ 2, eff. 8/16/2013.

Acts 1973, No. 583, §§ 1, 2, 4-6; 1979, No. 136, § 1; A.S.A. 1947, §§ 6-608, 6-608n, 6-610 -- 6-612; Acts 1987, No. 85, § 1; 1995, No. 884, §§ 4, 5; 1995, No. 1104, § 2; 1997, No. 1354, § 15; 2001, No. 983, § 1; 2006 (1st Ex. Sess.), No. 38, § 2; 2011, No. 273, § 1.
Ark. Code Ann. § 10-3-1708 — AR Code / Title 10 / Chapter 3 / Subchapter 17 / Section 10-3-1708
Joint Committee on Advanced Communications and Information Technology - Cybersecurity incidents and cyberattacks - Meetings in executive session - Definitions
Status: in_force

(a) As used in this section: (1) "County" means any county of this state; (2) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; (3) "Public entity" means: (A) A county; (B) A municipality; (C) A school district; or (D) The state; and (4) "School district" means a school district or open-enrollment public charter school in this state. (b) (1) The meetings of the Joint Committee on Advanced Communications and Information Technology to review a cybersecurity incident involving, or a cyberattack on, a public entity are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) Any member of the General Assembly may attend the closed hearing under subdivision (b)(1) of this section of the Joint Committee on Advanced Communications and Information Technology. (3) An individual may attend a closed hearing under subdivision (b)(1) of this section at the invitation of either of the cochairs of the Joint Committee on Advanced Communications and Information Technology. (4) The Joint Committee on Advanced Communications and Information Technology shall not disclose any information concerning an internal policy or the internal guidelines established to address a cybersecurity incident involving, or a cyberattack on, a public entity. (5) If the Joint Committee on Advanced Communications and Information Technology meets in a closed meeting under subdivision (b)(1) of this section, the Joint Committee on Advanced Communications and Information Technology may discuss only a cybersecurity incident involving, or cyberattack on, a public entity or any cybersecurity policy. (c) (1) An internal policy or the internal guidelines that are established concerning a cybersecurity incident involving, or a cyberattack on, a public entity are: (A) Confidential; and (B) Exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) An internal policy or the internal guidelines of a public entity established to address a cybersecurity incident involving, or a cyberattack on, a public entity are not considered a rule under § 10-3-309 or the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2023, No. 510,§ 2, eff. 8/1/2023.

(a) As used in this section: (1) "County" means any county of this state; (2) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; (3) "Public entity" means: (A) A county; (B) A municipality; (C) A school district; or (D) The state; and (4) "School district" means a school district or open-enrollment public charter school in this state.

(1) "County" means any county of this state;

(2) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town;

(A) A city of the first class;

(B) A city of the second class; or

(C) An incorporated town;

(3) "Public entity" means: (A) A county; (B) A municipality; (C) A school district; or (D) The state; and

(A) A county;

(B) A municipality;

(C) A school district; or

(D) The state; and

(4) "School district" means a school district or open-enrollment public charter school in this state.

(b) (1) The meetings of the Joint Committee on Advanced Communications and Information Technology to review a cybersecurity incident involving, or a cyberattack on, a public entity are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) Any member of the General Assembly may attend the closed hearing under subdivision (b)(1) of this section of the Joint Committee on Advanced Communications and Information Technology. (3) An individual may attend a closed hearing under subdivision (b)(1) of this section at the invitation of either of the cochairs of the Joint Committee on Advanced Communications and Information Technology. (4) The Joint Committee on Advanced Communications and Information Technology shall not disclose any information concerning an internal policy or the internal guidelines established to address a cybersecurity incident involving, or a cyberattack on, a public entity. (5) If the Joint Committee on Advanced Communications and Information Technology meets in a closed meeting under subdivision (b)(1) of this section, the Joint Committee on Advanced Communications and Information Technology may discuss only a cybersecurity incident involving, or cyberattack on, a public entity or any cybersecurity policy.

(1) The meetings of the Joint Committee on Advanced Communications and Information Technology to review a cybersecurity incident involving, or a cyberattack on, a public entity are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) Any member of the General Assembly may attend the closed hearing under subdivision (b)(1) of this section of the Joint Committee on Advanced Communications and Information Technology.

(3) An individual may attend a closed hearing under subdivision (b)(1) of this section at the invitation of either of the cochairs of the Joint Committee on Advanced Communications and Information Technology.

(4) The Joint Committee on Advanced Communications and Information Technology shall not disclose any information concerning an internal policy or the internal guidelines established to address a cybersecurity incident involving, or a cyberattack on, a public entity.

(5) If the Joint Committee on Advanced Communications and Information Technology meets in a closed meeting under subdivision (b)(1) of this section, the Joint Committee on Advanced Communications and Information Technology may discuss only a cybersecurity incident involving, or cyberattack on, a public entity or any cybersecurity policy.

(c) (1) An internal policy or the internal guidelines that are established concerning a cybersecurity incident involving, or a cyberattack on, a public entity are: (A) Confidential; and (B) Exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) An internal policy or the internal guidelines of a public entity established to address a cybersecurity incident involving, or a cyberattack on, a public entity are not considered a rule under § 10-3-309 or the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) An internal policy or the internal guidelines that are established concerning a cybersecurity incident involving, or a cyberattack on, a public entity are: (A) Confidential; and (B) Exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) Confidential; and

(B) Exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) An internal policy or the internal guidelines of a public entity established to address a cybersecurity incident involving, or a cyberattack on, a public entity are not considered a rule under § 10-3-309 or the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2023, No. 510,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 10-2-307 — AR Code / Title 10 / Chapter 2 / Subchapter 3 / Section 10-2-307
Subpoena by committee
Status: in_force

The committee so empowered may issue its subpoena signed by its chair or acting chair for the attendance of witnesses and the production of papers or records, and the subpoena may be served by any officer authorized to serve process in civil cases. Acts 1875, No. 37, § 2, p. 113; C. & M. Dig., § 4945; Pope's Dig., § 6167; A.S.A. 1947, § 4-209; Acts 2009, No. 1465, § 5.

The committee so empowered may issue its subpoena signed by its chair or acting chair for the attendance of witnesses and the production of papers or records, and the subpoena may be served by any officer authorized to serve process in civil cases.

Acts 1875, No. 37, § 2, p. 113; C. & M. Dig., § 4945; Pope's Dig., § 6167; A.S.A. 1947, § 4-209; Acts 2009, No. 1465, § 5.
Ark. Code Ann. § 10-3-1320 — AR Code / Title 10 / Chapter 3 / Subchapter 13 / Section 10-3-1320
Interim operation - Vacancies
Status: in_force

(a) The Senate Interim Committee on Children and Youth shall be composed of ten (10) members appointed pursuant to the Rules of the Senate and shall function in the interim between the sine die adjournment or extended recess of the regular session or fiscal session of each General Assembly until the convening of the next regular session or fiscal session of the General Assembly or the convening of the current General Assembly during an extended recess. (b) The Senate Interim Committee on Children and Youth shall make continuing studies pertaining to the safety, health, development, and problems of children. The studies may either be initiated by the Senate Interim Committee on Children and Youth or referred to it by either house of the General Assembly for study in the interim between sessions of the General Assembly. Interim study proposals and resolutions relating to children, which are filed with the Legislative Council under the provisions of § 10-3-214 for review and referral to the appropriate germane joint interim committee of the General Assembly, shall be referred to the Senate Interim Committee on Children and Youth. The Senate Interim Committee on Children and Youth shall undertake each study referred to it by members of the General Assembly or by the Legislative Council and shall submit a report of its findings and recommendations in regard to each study request prior to the convening of the next session of the General Assembly. (c) In addition, the Senate Interim Committee on Children and Youth shall exercise leadership in the interim between legislative sessions and shall attempt to coordinate for the various committees of the General Assembly the various activities, studies, and planning activities of the General Assembly which relate to children and youth, delivery of services to children, and use of funding resources for programs and services. (d) The Senate Interim Committee on Children and Youth shall cooperate with the Governor, the appropriate administrative agencies of this state, legislative and administrative agencies of other states, and the federal government, including participation in regional and national meetings and seminars of state and federal officials in the exchange of information and data on children and youth problems and resolution of those problems. Acts 1987, No. 517, § 3; 1997, No. 312, § 11; 2009, No. 962, § 23.

(a) The Senate Interim Committee on Children and Youth shall be composed of ten (10) members appointed pursuant to the Rules of the Senate and shall function in the interim between the sine die adjournment or extended recess of the regular session or fiscal session of each General Assembly until the convening of the next regular session or fiscal session of the General Assembly or the convening of the current General Assembly during an extended recess.

(b) The Senate Interim Committee on Children and Youth shall make continuing studies pertaining to the safety, health, development, and problems of children. The studies may either be initiated by the Senate Interim Committee on Children and Youth or referred to it by either house of the General Assembly for study in the interim between sessions of the General Assembly. Interim study proposals and resolutions relating to children, which are filed with the Legislative Council under the provisions of § 10-3-214 for review and referral to the appropriate germane joint interim committee of the General Assembly, shall be referred to the Senate Interim Committee on Children and Youth. The Senate Interim Committee on Children and Youth shall undertake each study referred to it by members of the General Assembly or by the Legislative Council and shall submit a report of its findings and recommendations in regard to each study request prior to the convening of the next session of the General Assembly.

(c) In addition, the Senate Interim Committee on Children and Youth shall exercise leadership in the interim between legislative sessions and shall attempt to coordinate for the various committees of the General Assembly the various activities, studies, and planning activities of the General Assembly which relate to children and youth, delivery of services to children, and use of funding resources for programs and services.

(d) The Senate Interim Committee on Children and Youth shall cooperate with the Governor, the appropriate administrative agencies of this state, legislative and administrative agencies of other states, and the federal government, including participation in regional and national meetings and seminars of state and federal officials in the exchange of information and data on children and youth problems and resolution of those problems.

Acts 1987, No. 517, § 3; 1997, No. 312, § 11; 2009, No. 962, § 23.
Ark. Code Ann. § 10-3-318 — AR Code / Title 10 / Chapter 3 / Subchapter 3 / Section 10-3-318
Review of occupational authorizations and occupational entities - Findings and intent - Definitions
Status: in_force

(a) The General Assembly finds and determines that it is in the best interest of this state to conduct a periodic comprehensive review of all occupational authorizations and the occupational entities that issue them. (b) It is the intent of the General Assembly to determine and implement the least restrictive form of occupational authorization to protect consumers from significant and substantiated harms to public health and safety. (c) As used in this section: (1) "Occupational authorization" means a license, government-required certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and (2) "Occupational entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to establish or issue an occupational authorization. (d) (1) The Legislative Council shall: (A) (i) Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section. (ii) (a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council. (b) The Legislative Council shall review one (1) group each year. (iii) However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request. (iv) After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section; (B) (i) Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (ii) If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review: (a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant; (b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety; (c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and (d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and (C) (i) Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding: (a) The repeal of an occupational authorization; (b) The conversion of an occupational authorization to a less restrictive occupational authorization; (c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section; (d) The modification of qualifications for an occupational authorization; (e) The modification or redefinition of the scope of practice of an occupation or profession; or (f) Any other relevant legislative reforms deemed necessary. (ii) However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity. (2) The Legislative Council may: (A) Establish or utilize one (1) or more subcommittees to assist in its duties under this section; (B) Assign information filed with the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (d)(2)(A) of this section; and (C) Delegate its duties under this section to one (1) or more subcommittees of the Legislative Council, subject to final review and approval of the Legislative Council. (3) If the Legislative Council determines that it is necessary, the Legislative Council may contract with consultants to assist in the duties assigned under this section or request the staff of Arkansas Legislative Audit to assist in the duties assigned under this section. (e) (1) The Legislative Council shall analyze whether consumers can be sufficiently protected by competition, the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (2) If the Legislative Council finds substantiated evidence of significant harm arising from: (A) (i) Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm. (ii) A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful; (B) Fraud, the Legislative Council may recommend legislation strengthening powers under the deceptive trade practices laws or requiring disclosures to reduce misleading attributes of the specific good or service; (C) General health and safety, the Legislative Council may recommend legislation enacting a law or rule that regulates the related process or requires a business license; (D) Unclean facilities, the Legislative Council may recommend legislation requiring periodic facility inspections; (E) Failure of an occupational licensee to complete a contract fully or comply with standards, the Legislative Council may recommend legislation requiring the occupational licensee to be bonded; (F) Lack of protection for a person who is not a party to a contract between an occupational licensee and a consumer, the Legislative Council may recommend legislation requiring the occupational licensee to have insurance; (G) Transactions with transient, out-of-state, or fly-by-night occupational licensees, the Legislative Council may recommend legislation requiring the occupational licensee to register the business with the Secretary of State; (H) Shortfalls or lack of knowledge about the good or service among consumers relative to the occupational practitioner's knowledge, the Legislative Council may recommend legislation enacting government-required certification or other occupational authorization; (I) Systematic information shortfall in which a reasonable consumer of a service is permanently unable to distinguish between the quality of occupational licensees and an absence of guidance to the consumers, the Legislative Council may recommend legislation enacting or maintaining an occupational authorization; or (J) Multiple areas listed in subdivisions (e)(2)(A)­(I) of this section, the Legislative Council may recommend legislation with a combination of occupational authorization, including regulation with a private remedy, third-party or consumer-created ratings and reviews, or private certification. (f) Under a timeline as determined by the Legislative Council, an occupational entity shall: (1) (A) File a report with the Governor and the Legislative Council. (B) The report shall include: (i) The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates; (ii) The amount of any fee or penalty associated with each occupation; (iii) The number of individuals regulated by the occupational entity, grouped by occupational authorization; (iv) A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and (v) Any other relevant information as determined by the Legislative Council; (2) Appear at a public hearing before the Legislative Council to discuss the report prepared by the occupational entity; and (3) Provide any assistance requested to the Legislative Council regarding the review of each occupational authorization. (g) This section does not apply to occupational authorizations or occupational entities that are not subject to the oversight or purview of the General Assembly through the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2019, No. 600,§ 3, eff. 7/24/2019.

(a) The General Assembly finds and determines that it is in the best interest of this state to conduct a periodic comprehensive review of all occupational authorizations and the occupational entities that issue them.

(b) It is the intent of the General Assembly to determine and implement the least restrictive form of occupational authorization to protect consumers from significant and substantiated harms to public health and safety.

(c) As used in this section: (1) "Occupational authorization" means a license, government-required certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and (2) "Occupational entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to establish or issue an occupational authorization.

(1) "Occupational authorization" means a license, government-required certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and

(2) "Occupational entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to establish or issue an occupational authorization.

(d) (1) The Legislative Council shall: (A) (i) Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section. (ii) (a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council. (b) The Legislative Council shall review one (1) group each year. (iii) However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request. (iv) After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section; (B) (i) Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (ii) If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review: (a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant; (b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety; (c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and (d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and (C) (i) Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding: (a) The repeal of an occupational authorization; (b) The conversion of an occupational authorization to a less restrictive occupational authorization; (c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section; (d) The modification of qualifications for an occupational authorization; (e) The modification or redefinition of the scope of practice of an occupation or profession; or (f) Any other relevant legislative reforms deemed necessary. (ii) However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity. (2) The Legislative Council may: (A) Establish or utilize one (1) or more subcommittees to assist in its duties under this section; (B) Assign information filed with the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (d)(2)(A) of this section; and (C) Delegate its duties under this section to one (1) or more subcommittees of the Legislative Council, subject to final review and approval of the Legislative Council. (3) If the Legislative Council determines that it is necessary, the Legislative Council may contract with consultants to assist in the duties assigned under this section or request the staff of Arkansas Legislative Audit to assist in the duties assigned under this section.

(1) The Legislative Council shall: (A) (i) Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section. (ii) (a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council. (b) The Legislative Council shall review one (1) group each year. (iii) However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request. (iv) After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section; (B) (i) Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (ii) If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review: (a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant; (b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety; (c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and (d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and (C) (i) Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding: (a) The repeal of an occupational authorization; (b) The conversion of an occupational authorization to a less restrictive occupational authorization; (c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section; (d) The modification of qualifications for an occupational authorization; (e) The modification or redefinition of the scope of practice of an occupation or profession; or (f) Any other relevant legislative reforms deemed necessary. (ii) However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity.

(A) (i) Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section. (ii) (a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council. (b) The Legislative Council shall review one (1) group each year. (iii) However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request. (iv) After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section;

(i) Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section.

(ii) (a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council. (b) The Legislative Council shall review one (1) group each year.

(a) The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council.

(b) The Legislative Council shall review one (1) group each year.

(iii) However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request.

(iv) After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section;

(B) (i) Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (ii) If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review: (a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant; (b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety; (c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and (d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and

(i) Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance.

(ii) If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review: (a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant; (b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety; (c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and (d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and

(a) The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant;

(b) Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety;

(c) If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following: (1) The scope of practice for the occupation or profession; or (2) The qualifications for the occupational authorization; and

(1) The scope of practice for the occupation or profession; or

(2) The qualifications for the occupational authorization; and

(d) Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and

(C) (i) Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding: (a) The repeal of an occupational authorization; (b) The conversion of an occupational authorization to a less restrictive occupational authorization; (c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section; (d) The modification of qualifications for an occupational authorization; (e) The modification or redefinition of the scope of practice of an occupation or profession; or (f) Any other relevant legislative reforms deemed necessary. (ii) However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity.

(i) Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding: (a) The repeal of an occupational authorization; (b) The conversion of an occupational authorization to a less restrictive occupational authorization; (c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section; (d) The modification of qualifications for an occupational authorization; (e) The modification or redefinition of the scope of practice of an occupation or profession; or (f) Any other relevant legislative reforms deemed necessary.

(a) The repeal of an occupational authorization;

(b) The conversion of an occupational authorization to a less restrictive occupational authorization;

(c) The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section;

(d) The modification of qualifications for an occupational authorization;

(e) The modification or redefinition of the scope of practice of an occupation or profession; or

(f) Any other relevant legislative reforms deemed necessary.

(ii) However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity.

(2) The Legislative Council may: (A) Establish or utilize one (1) or more subcommittees to assist in its duties under this section; (B) Assign information filed with the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (d)(2)(A) of this section; and (C) Delegate its duties under this section to one (1) or more subcommittees of the Legislative Council, subject to final review and approval of the Legislative Council.

(A) Establish or utilize one (1) or more subcommittees to assist in its duties under this section;

(B) Assign information filed with the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (d)(2)(A) of this section; and

(C) Delegate its duties under this section to one (1) or more subcommittees of the Legislative Council, subject to final review and approval of the Legislative Council.

(3) If the Legislative Council determines that it is necessary, the Legislative Council may contract with consultants to assist in the duties assigned under this section or request the staff of Arkansas Legislative Audit to assist in the duties assigned under this section.

(e) (1) The Legislative Council shall analyze whether consumers can be sufficiently protected by competition, the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance. (2) If the Legislative Council finds substantiated evidence of significant harm arising from: (A) (i) Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm. (ii) A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful; (B) Fraud, the Legislative Council may recommend legislation strengthening powers under the deceptive trade practices laws or requiring disclosures to reduce misleading attributes of the specific good or service; (C) General health and safety, the Legislative Council may recommend legislation enacting a law or rule that regulates the related process or requires a business license; (D) Unclean facilities, the Legislative Council may recommend legislation requiring periodic facility inspections; (E) Failure of an occupational licensee to complete a contract fully or comply with standards, the Legislative Council may recommend legislation requiring the occupational licensee to be bonded; (F) Lack of protection for a person who is not a party to a contract between an occupational licensee and a consumer, the Legislative Council may recommend legislation requiring the occupational licensee to have insurance; (G) Transactions with transient, out-of-state, or fly-by-night occupational licensees, the Legislative Council may recommend legislation requiring the occupational licensee to register the business with the Secretary of State; (H) Shortfalls or lack of knowledge about the good or service among consumers relative to the occupational practitioner's knowledge, the Legislative Council may recommend legislation enacting government-required certification or other occupational authorization; (I) Systematic information shortfall in which a reasonable consumer of a service is permanently unable to distinguish between the quality of occupational licensees and an absence of guidance to the consumers, the Legislative Council may recommend legislation enacting or maintaining an occupational authorization; or (J) Multiple areas listed in subdivisions (e)(2)(A)­(I) of this section, the Legislative Council may recommend legislation with a combination of occupational authorization, including regulation with a private remedy, third-party or consumer-created ratings and reviews, or private certification.

(1) The Legislative Council shall analyze whether consumers can be sufficiently protected by competition, the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance.

(2) If the Legislative Council finds substantiated evidence of significant harm arising from: (A) (i) Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm. (ii) A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful; (B) Fraud, the Legislative Council may recommend legislation strengthening powers under the deceptive trade practices laws or requiring disclosures to reduce misleading attributes of the specific good or service; (C) General health and safety, the Legislative Council may recommend legislation enacting a law or rule that regulates the related process or requires a business license; (D) Unclean facilities, the Legislative Council may recommend legislation requiring periodic facility inspections; (E) Failure of an occupational licensee to complete a contract fully or comply with standards, the Legislative Council may recommend legislation requiring the occupational licensee to be bonded; (F) Lack of protection for a person who is not a party to a contract between an occupational licensee and a consumer, the Legislative Council may recommend legislation requiring the occupational licensee to have insurance; (G) Transactions with transient, out-of-state, or fly-by-night occupational licensees, the Legislative Council may recommend legislation requiring the occupational licensee to register the business with the Secretary of State; (H) Shortfalls or lack of knowledge about the good or service among consumers relative to the occupational practitioner's knowledge, the Legislative Council may recommend legislation enacting government-required certification or other occupational authorization; (I) Systematic information shortfall in which a reasonable consumer of a service is permanently unable to distinguish between the quality of occupational licensees and an absence of guidance to the consumers, the Legislative Council may recommend legislation enacting or maintaining an occupational authorization; or (J) Multiple areas listed in subdivisions (e)(2)(A)­(I) of this section, the Legislative Council may recommend legislation with a combination of occupational authorization, including regulation with a private remedy, third-party or consumer-created ratings and reviews, or private certification.

(A) (i) Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm. (ii) A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful;

(i) Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm.

(ii) A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful;

(B) Fraud, the Legislative Council may recommend legislation strengthening powers under the deceptive trade practices laws or requiring disclosures to reduce misleading attributes of the specific good or service;

(C) General health and safety, the Legislative Council may recommend legislation enacting a law or rule that regulates the related process or requires a business license;

(D) Unclean facilities, the Legislative Council may recommend legislation requiring periodic facility inspections;

(E) Failure of an occupational licensee to complete a contract fully or comply with standards, the Legislative Council may recommend legislation requiring the occupational licensee to be bonded;

(F) Lack of protection for a person who is not a party to a contract between an occupational licensee and a consumer, the Legislative Council may recommend legislation requiring the occupational licensee to have insurance;

(G) Transactions with transient, out-of-state, or fly-by-night occupational licensees, the Legislative Council may recommend legislation requiring the occupational licensee to register the business with the Secretary of State;

(H) Shortfalls or lack of knowledge about the good or service among consumers relative to the occupational practitioner's knowledge, the Legislative Council may recommend legislation enacting government-required certification or other occupational authorization;

(I) Systematic information shortfall in which a reasonable consumer of a service is permanently unable to distinguish between the quality of occupational licensees and an absence of guidance to the consumers, the Legislative Council may recommend legislation enacting or maintaining an occupational authorization; or

(J) Multiple areas listed in subdivisions (e)(2)(A)­(I) of this section, the Legislative Council may recommend legislation with a combination of occupational authorization, including regulation with a private remedy, third-party or consumer-created ratings and reviews, or private certification.

(f) Under a timeline as determined by the Legislative Council, an occupational entity shall: (1) (A) File a report with the Governor and the Legislative Council. (B) The report shall include: (i) The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates; (ii) The amount of any fee or penalty associated with each occupation; (iii) The number of individuals regulated by the occupational entity, grouped by occupational authorization; (iv) A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and (v) Any other relevant information as determined by the Legislative Council; (2) Appear at a public hearing before the Legislative Council to discuss the report prepared by the occupational entity; and (3) Provide any assistance requested to the Legislative Council regarding the review of each occupational authorization.

(1) (A) File a report with the Governor and the Legislative Council. (B) The report shall include: (i) The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates; (ii) The amount of any fee or penalty associated with each occupation; (iii) The number of individuals regulated by the occupational entity, grouped by occupational authorization; (iv) A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and (v) Any other relevant information as determined by the Legislative Council;

(A) File a report with the Governor and the Legislative Council.

(B) The report shall include: (i) The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates; (ii) The amount of any fee or penalty associated with each occupation; (iii) The number of individuals regulated by the occupational entity, grouped by occupational authorization; (iv) A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and (v) Any other relevant information as determined by the Legislative Council;

(i) The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates;

(ii) The amount of any fee or penalty associated with each occupation;

(iii) The number of individuals regulated by the occupational entity, grouped by occupational authorization;

(iv) A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and

(v) Any other relevant information as determined by the Legislative Council;

(2) Appear at a public hearing before the Legislative Council to discuss the report prepared by the occupational entity; and

(3) Provide any assistance requested to the Legislative Council regarding the review of each occupational authorization.

(g) This section does not apply to occupational authorizations or occupational entities that are not subject to the oversight or purview of the General Assembly through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2019, No. 600,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 10-3-2104 — AR Code / Title 10 / Chapter 3 / Subchapter 21 / Section 10-3-2104
Report
Status: in_force

(a) The House Committee on Education and the Senate Committee on Education shall file separately or jointly, or both, reports of their findings and recommendations with the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than November 1 of each year before the convening of a regular session. (b) For each recommendation the report shall include proposed implementation schedules with timelines, specific steps, agencies and persons responsible, resources needed, and drafts of bills proposing all necessary and recommended legislative changes. (c) The report shall be supplemented as needed to accomplish the purposes of this continuing evaluation. (d) (1) Before a fiscal session, the House Committee on Education and the Senate Committee on Education shall meet, jointly or separately as needed, to review the funding recommendations contained in the most recent report filed under this section. (2) The House Committee on Education and the Senate Committee on Education, meeting jointly or separately as needed, also shall review any other matters identified by the House Committee on Education or the Senate Committee on Education that may affect the state's obligation to provide a substantially equal opportunity for an adequate education for all public school students. (3) If the House Committee on Education and the Senate Committee on Education find that the recommendations in the most recent adequacy evaluation report filed under this section should be amended, the House Committee on Education and the Senate Committee on Education, jointly or separately, or both, shall advise in writing the President Pro Tempore of the Senate and the Speaker of the House of Representatives of their findings and amendments to the adequacy evaluation report: (A) By November 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in May under § 7-7-203 ; and (B) By March 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 . (e) The House Committee on Education or the Senate Committee on Education, separately or jointly, shall publish a draft of the report required under this section or any amendment or supplement to the report not less than fourteen (14) days before the report, amendment, or supplement is submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Amended by Act 2019, No. 545,§ 7, eff. 7/24/2019. Amended by Act 2015EX1, No. 5,§ 3, eff. 8/27/2013, expires 12/31/2016. Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2007, No. 1204, § 2; 2009, No. 199, § 1; 2011, No. 725, § 2.

(a) The House Committee on Education and the Senate Committee on Education shall file separately or jointly, or both, reports of their findings and recommendations with the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than November 1 of each year before the convening of a regular session.

(b) For each recommendation the report shall include proposed implementation schedules with timelines, specific steps, agencies and persons responsible, resources needed, and drafts of bills proposing all necessary and recommended legislative changes.

(c) The report shall be supplemented as needed to accomplish the purposes of this continuing evaluation.

(d) (1) Before a fiscal session, the House Committee on Education and the Senate Committee on Education shall meet, jointly or separately as needed, to review the funding recommendations contained in the most recent report filed under this section. (2) The House Committee on Education and the Senate Committee on Education, meeting jointly or separately as needed, also shall review any other matters identified by the House Committee on Education or the Senate Committee on Education that may affect the state's obligation to provide a substantially equal opportunity for an adequate education for all public school students. (3) If the House Committee on Education and the Senate Committee on Education find that the recommendations in the most recent adequacy evaluation report filed under this section should be amended, the House Committee on Education and the Senate Committee on Education, jointly or separately, or both, shall advise in writing the President Pro Tempore of the Senate and the Speaker of the House of Representatives of their findings and amendments to the adequacy evaluation report: (A) By November 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in May under § 7-7-203 ; and (B) By March 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 .

(1) Before a fiscal session, the House Committee on Education and the Senate Committee on Education shall meet, jointly or separately as needed, to review the funding recommendations contained in the most recent report filed under this section.

(2) The House Committee on Education and the Senate Committee on Education, meeting jointly or separately as needed, also shall review any other matters identified by the House Committee on Education or the Senate Committee on Education that may affect the state's obligation to provide a substantially equal opportunity for an adequate education for all public school students.

(3) If the House Committee on Education and the Senate Committee on Education find that the recommendations in the most recent adequacy evaluation report filed under this section should be amended, the House Committee on Education and the Senate Committee on Education, jointly or separately, or both, shall advise in writing the President Pro Tempore of the Senate and the Speaker of the House of Representatives of their findings and amendments to the adequacy evaluation report: (A) By November 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in May under § 7-7-203 ; and (B) By March 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 .

(A) By November 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in May under § 7-7-203 ; and

(B) By March 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203 .

(e) The House Committee on Education or the Senate Committee on Education, separately or jointly, shall publish a draft of the report required under this section or any amendment or supplement to the report not less than fourteen (14) days before the report, amendment, or supplement is submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

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

Amended by Act 2015EX1, No. 5,§ 3, eff. 8/27/2013, expires 12/31/2016.

Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2007, No. 1204, § 2; 2009, No. 199, § 1; 2011, No. 725, § 2.
Ark. Code Ann. § 10-3-102 — AR Code / Title 10 / Chapter 3 / Subchapter 1 / Section 10-3-102
Presession meetings
Status: in_force

(a) The Senate and House of Representatives standing committees appointed after the biennial general election as provided in § 10-3-101 are authorized to meet during the months of December and January prior to the convening of the General Assembly for the purpose of taking under consideration prefiled bills assigned to the various committees and for the purpose of holding hearings on those bills. No final committee recommendations shall be made on any bills prefiled and submitted to the various committees until after the General Assembly is convened in session. (b) Members of Senate and House standing committees attending presession committee meetings as authorized in this section shall be entitled to receive per diem and mileage for attending the meetings. Acts 1973, No. 208, § 2; A.S.A. 1947, § 4-144.

(a) The Senate and House of Representatives standing committees appointed after the biennial general election as provided in § 10-3-101 are authorized to meet during the months of December and January prior to the convening of the General Assembly for the purpose of taking under consideration prefiled bills assigned to the various committees and for the purpose of holding hearings on those bills. No final committee recommendations shall be made on any bills prefiled and submitted to the various committees until after the General Assembly is convened in session.

(b) Members of Senate and House standing committees attending presession committee meetings as authorized in this section shall be entitled to receive per diem and mileage for attending the meetings.

Acts 1973, No. 208, § 2; A.S.A. 1947, § 4-144.
Ark. Code Ann. § 10-6-102 — AR Code / Title 10 / Chapter 6 / Section 10-6-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1465,§ 7, eff. 8/16/2013. Acts 1961, No. 486, § 2; A.S.A. 1947, § 4-119.

Repealed by Act 2013, No. 1465,§ 7, eff. 8/16/2013.

Acts 1961, No. 486, § 2; A.S.A. 1947, § 4-119.
Ark. Code Ann. § 10-3-2102 — AR Code / Title 10 / Chapter 3 / Subchapter 21 / Section 10-3-2102
Duties
Status: in_force

(a) During each interim, the House Committee on Education and the Senate Committee on Education shall meet separately or jointly, as needed, to: (1) Assess, evaluate, and monitor the entire spectrum of public education across the State of Arkansas to determine whether equal educational opportunity for an adequate education is being substantially afforded to the school children of the State of Arkansas and recommend any necessary changes; (2) Review and continue to evaluate what constitutes an adequate education in the State of Arkansas and recommend any necessary changes; (3) Review and continue to evaluate the method of providing equality of educational opportunity of the State of Arkansas and recommend any necessary changes; (4) Evaluate the effectiveness of any program implemented by a school, a school district, an education service cooperative, the Division of Elementary and Secondary Education, or the State Board of Education and recommend necessary changes; (5) Review the average teacher salary in the State of Arkansas in comparison to average teacher salaries in surrounding states and member states of the Southern Regional Education Board and make recommendations for any necessary changes to teacher salaries in the State of Arkansas established by law; (6) Review and continue to evaluate the costs of an adequate education for all students in the State of Arkansas, taking into account cost-of-living variances, diseconomies of scale, transportation variability, demographics, school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and other factors as deemed relevant, and recommend any necessary changes; (7) Review and continue to evaluate the amount of per-student expenditure necessary to provide an equal educational opportunity and the amount of state funds to be provided to school districts, based upon the cost of an adequate education and monitor the expenditures and distribution of state funds and recommend any necessary changes; and (8) Review and monitor the amount of funding provided by the State of Arkansas for an education system based on need and the amount necessary to provide an adequate educational system, not on the amount of funding available, and make recommendations for funding for each biennium. (b) As a guidepost in conducting deliberations and reviews, the committees shall use the opinion of the Supreme Court in the matter of Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), and other legal precedent. (c) The Division of Elementary and Secondary Education, the Division of Career and Technical Education, and the Division of Higher Education shall provide the House Committee on Education and the Senate Committee on Education with assistance and information as requested by the House Committee on Education and the Senate Committee on Education. (d) The Attorney General is requested to provide assistance to the House Committee on Education and the Senate Committee on Education as needed. (e) Contingent upon the availability of funding, the House Committee on Education, the Senate Committee on Education, or both, may enter into an agreement with outside consultants or other experts as may be necessary to conduct the adequacy review as required under this section. (f) The study for subdivisions (a)(1)-(4) of this section shall be accomplished by: (1) Reviewing a report prepared by Arkansas Legislative Audit compiling all funding received by public schools for each program; (2) Reviewing the Arkansas academic standards developed by the Division of Elementary and Secondary Education; (3) Reviewing the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (4) Reviewing fiscal and facilities distress programs; (5) Reviewing the state's standing under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95; and (6) [Repealed.] (7) Reviewing the specific programs identified for further study by the House Committee on Education and the Senate Committee on Education. (g) (1) The study for subdivision (a)(5) of this section shall be accomplished by comparing the average teacher salary in Arkansas with surrounding states and Southern Regional Education Board member states, including without limitation: (A) Comparing teacher salaries as adjusted by a cost of living index or a comparative wage index; (B) Reviewing the minimum teacher compensation salary schedule; and (C) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education. (2) Depending on the availability of National Education Association data on teacher salaries in other states, the teacher salary comparison may be prepared as a supplement to the report after September 1. (h) The study for subdivision (a)(6) of this section shall be accomplished by reviewing: (1) Expenditures from: (A) Isolated school funding; (B) National school lunch student funding; (C) Declining enrollment funding; (D) Student growth funding; and (E) Special education funding; (2) Disparities in teacher salaries; and (3) Any related topics identified for further study by the House Committee on Education and the Senate Committee on Education. (i) The study for subdivision (a)(7) of this section shall be accomplished by: (1) Completing an expenditure analysis and resource allocation review each biennium; and (2) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education. (j) The study for subdivision (a)(8) of this section shall be accomplished by: (1) Using evidence-based research as the basis for recalibrating as necessary the state's system of funding public education; (2) Adjusting for the inflation or deflation of any appropriate component of the system of funding public education every two (2) years; (3) Reviewing legislation enacted or rules promulgated during the biennium covered by the study to determine the impact of the legislation and rules on educational adequacy-related public school costs; and (4) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education. Amended by Act 2019, No. 910,§ 2214, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2216, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2215, eff. 7/1/2019. Amended by Act 2019, No. 757,§ 66, eff. 7/24/2019. Amended by Act 2017, No. 936,§ 55, eff. 8/1/2017. Amended by Act 2015, No. 554,§ 5, eff. 7/22/2015. Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2005, No. 723, § 1; 2007, No. 1204, § 1; 2011, No. 725, § 1.

(a) During each interim, the House Committee on Education and the Senate Committee on Education shall meet separately or jointly, as needed, to: (1) Assess, evaluate, and monitor the entire spectrum of public education across the State of Arkansas to determine whether equal educational opportunity for an adequate education is being substantially afforded to the school children of the State of Arkansas and recommend any necessary changes; (2) Review and continue to evaluate what constitutes an adequate education in the State of Arkansas and recommend any necessary changes; (3) Review and continue to evaluate the method of providing equality of educational opportunity of the State of Arkansas and recommend any necessary changes; (4) Evaluate the effectiveness of any program implemented by a school, a school district, an education service cooperative, the Division of Elementary and Secondary Education, or the State Board of Education and recommend necessary changes; (5) Review the average teacher salary in the State of Arkansas in comparison to average teacher salaries in surrounding states and member states of the Southern Regional Education Board and make recommendations for any necessary changes to teacher salaries in the State of Arkansas established by law; (6) Review and continue to evaluate the costs of an adequate education for all students in the State of Arkansas, taking into account cost-of-living variances, diseconomies of scale, transportation variability, demographics, school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and other factors as deemed relevant, and recommend any necessary changes; (7) Review and continue to evaluate the amount of per-student expenditure necessary to provide an equal educational opportunity and the amount of state funds to be provided to school districts, based upon the cost of an adequate education and monitor the expenditures and distribution of state funds and recommend any necessary changes; and (8) Review and monitor the amount of funding provided by the State of Arkansas for an education system based on need and the amount necessary to provide an adequate educational system, not on the amount of funding available, and make recommendations for funding for each biennium.

(1) Assess, evaluate, and monitor the entire spectrum of public education across the State of Arkansas to determine whether equal educational opportunity for an adequate education is being substantially afforded to the school children of the State of Arkansas and recommend any necessary changes;

(2) Review and continue to evaluate what constitutes an adequate education in the State of Arkansas and recommend any necessary changes;

(3) Review and continue to evaluate the method of providing equality of educational opportunity of the State of Arkansas and recommend any necessary changes;

(4) Evaluate the effectiveness of any program implemented by a school, a school district, an education service cooperative, the Division of Elementary and Secondary Education, or the State Board of Education and recommend necessary changes;

(5) Review the average teacher salary in the State of Arkansas in comparison to average teacher salaries in surrounding states and member states of the Southern Regional Education Board and make recommendations for any necessary changes to teacher salaries in the State of Arkansas established by law;

(6) Review and continue to evaluate the costs of an adequate education for all students in the State of Arkansas, taking into account cost-of-living variances, diseconomies of scale, transportation variability, demographics, school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and other factors as deemed relevant, and recommend any necessary changes;

(7) Review and continue to evaluate the amount of per-student expenditure necessary to provide an equal educational opportunity and the amount of state funds to be provided to school districts, based upon the cost of an adequate education and monitor the expenditures and distribution of state funds and recommend any necessary changes; and

(8) Review and monitor the amount of funding provided by the State of Arkansas for an education system based on need and the amount necessary to provide an adequate educational system, not on the amount of funding available, and make recommendations for funding for each biennium.

(b) As a guidepost in conducting deliberations and reviews, the committees shall use the opinion of the Supreme Court in the matter of Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), and other legal precedent.

(c) The Division of Elementary and Secondary Education, the Division of Career and Technical Education, and the Division of Higher Education shall provide the House Committee on Education and the Senate Committee on Education with assistance and information as requested by the House Committee on Education and the Senate Committee on Education.

(d) The Attorney General is requested to provide assistance to the House Committee on Education and the Senate Committee on Education as needed.

(e) Contingent upon the availability of funding, the House Committee on Education, the Senate Committee on Education, or both, may enter into an agreement with outside consultants or other experts as may be necessary to conduct the adequacy review as required under this section.

(f) The study for subdivisions (a)(1)-(4) of this section shall be accomplished by: (1) Reviewing a report prepared by Arkansas Legislative Audit compiling all funding received by public schools for each program; (2) Reviewing the Arkansas academic standards developed by the Division of Elementary and Secondary Education; (3) Reviewing the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (4) Reviewing fiscal and facilities distress programs; (5) Reviewing the state's standing under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95; and (6) [Repealed.] (7) Reviewing the specific programs identified for further study by the House Committee on Education and the Senate Committee on Education.

(1) Reviewing a report prepared by Arkansas Legislative Audit compiling all funding received by public schools for each program;

(2) Reviewing the Arkansas academic standards developed by the Division of Elementary and Secondary Education;

(3) Reviewing the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;

(4) Reviewing fiscal and facilities distress programs;

(5) Reviewing the state's standing under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95; and

(6) [Repealed.]

(7) Reviewing the specific programs identified for further study by the House Committee on Education and the Senate Committee on Education.

(g) (1) The study for subdivision (a)(5) of this section shall be accomplished by comparing the average teacher salary in Arkansas with surrounding states and Southern Regional Education Board member states, including without limitation: (A) Comparing teacher salaries as adjusted by a cost of living index or a comparative wage index; (B) Reviewing the minimum teacher compensation salary schedule; and (C) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education. (2) Depending on the availability of National Education Association data on teacher salaries in other states, the teacher salary comparison may be prepared as a supplement to the report after September 1.

(1) The study for subdivision (a)(5) of this section shall be accomplished by comparing the average teacher salary in Arkansas with surrounding states and Southern Regional Education Board member states, including without limitation: (A) Comparing teacher salaries as adjusted by a cost of living index or a comparative wage index; (B) Reviewing the minimum teacher compensation salary schedule; and (C) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(A) Comparing teacher salaries as adjusted by a cost of living index or a comparative wage index;

(B) Reviewing the minimum teacher compensation salary schedule; and

(C) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(2) Depending on the availability of National Education Association data on teacher salaries in other states, the teacher salary comparison may be prepared as a supplement to the report after September 1.

(h) The study for subdivision (a)(6) of this section shall be accomplished by reviewing: (1) Expenditures from: (A) Isolated school funding; (B) National school lunch student funding; (C) Declining enrollment funding; (D) Student growth funding; and (E) Special education funding; (2) Disparities in teacher salaries; and (3) Any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(1) Expenditures from: (A) Isolated school funding; (B) National school lunch student funding; (C) Declining enrollment funding; (D) Student growth funding; and (E) Special education funding;

(A) Isolated school funding;

(B) National school lunch student funding;

(C) Declining enrollment funding;

(D) Student growth funding; and

(E) Special education funding;

(2) Disparities in teacher salaries; and

(3) Any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(i) The study for subdivision (a)(7) of this section shall be accomplished by: (1) Completing an expenditure analysis and resource allocation review each biennium; and (2) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(1) Completing an expenditure analysis and resource allocation review each biennium; and

(2) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(j) The study for subdivision (a)(8) of this section shall be accomplished by: (1) Using evidence-based research as the basis for recalibrating as necessary the state's system of funding public education; (2) Adjusting for the inflation or deflation of any appropriate component of the system of funding public education every two (2) years; (3) Reviewing legislation enacted or rules promulgated during the biennium covered by the study to determine the impact of the legislation and rules on educational adequacy-related public school costs; and (4) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

(1) Using evidence-based research as the basis for recalibrating as necessary the state's system of funding public education;

(2) Adjusting for the inflation or deflation of any appropriate component of the system of funding public education every two (2) years;

(3) Reviewing legislation enacted or rules promulgated during the biennium covered by the study to determine the impact of the legislation and rules on educational adequacy-related public school costs; and

(4) Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

Amended by Act 2019, No. 910,§ 2214, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2216, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2215, eff. 7/1/2019.

Amended by Act 2019, No. 757,§ 66, eff. 7/24/2019.

Amended by Act 2017, No. 936,§ 55, eff. 8/1/2017.

Amended by Act 2015, No. 554,§ 5, eff. 7/22/2015.

Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2005, No. 723, § 1; 2007, No. 1204, § 1; 2011, No. 725, § 1.
Ark. Code Ann. § 10-2-114 — AR Code / Title 10 / Chapter 2 / Subchapter 1 / Section 10-2-114
Bills imposing new or additional costs on municipality or county - Fiscal impact statements - Definition
Status: in_force

(a) (1) Any bill filed with the Senate that requires an expenditure of public funds by a municipality or county or otherwise imposes a new or increased cost obligation on any municipality or county shall have a fiscal impact statement attached to it prepared by the author of the bill and filed with the bill at the time of its introduction. A copy of such fiscal impact statement shall be placed on the desk of each member of the Senate committee to which the bill is referred before the bill may be called up for final action in the committee. A copy of it shall also be placed on the desk of each member of the Senate before a final vote may be taken on it for final passage. (2) If the author of any Senate or House of Representatives bill affected by this section shall fail to file a fiscal impact statement, any member of the Senate committee to which the bill is referred may object to its being called up for final action in the committee until a fiscal impact statement is made available to the committee. If such an objection is made by a member of the Senate committee, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement, to be returned to the committee in writing not later than five (5) days from the date of the request. (3) If any such Senate or House bill is called up for final passage in the Senate and a fiscal impact statement has not been provided by the author of the bill or by the committee to which the bill was referred, any member of the Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the Senate at least one (1) day prior to the bill's being called up for final passage. If such an objection is made, the presiding officer of the Senate shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed in writing with the Senate not later than five (5) days from the date of the request. (b) (1) When any House or Senate bill requiring an expenditure of public funds or otherwise imposing a new or increased cost obligation on any municipality or county is pending before any committee of the House, any member of the committee may request that a fiscal impact statement for the bill be placed on the desk of each member of the committee before the bill is called up for final action in the committee. If a request is made, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement to be returned to the committee in writing not later than five (5) days from the date of the request. (2) Any time before the bill is read the third time in the House, a member of the House may request that a fiscal impact statement for the bill be prepared and placed on the desk of each member. When a member of the House so requests a fiscal impact statement on any bill, the Speaker of the House of Representatives shall furnish the member a fiscal impact statement signature form which shows the number of the bill for which the statement is requested and the date and time the request was made. If the member returns the form containing the signature of the requesting member and the signatures of at least nine (9) other House members within thirty (30) minutes of the time shown on the form, the fiscal impact statement shall be prepared and placed on the desk of each member of the House before the bill is read the third time. (3) If a bill is called up for final passage in the House and a fiscal impact statement has not been provided for the bill, any member of the House in which the bill is being considered may move that a final vote on the passage of the bill be delayed until a fiscal impact statement is prepared and made available on the desk of each member of the House at least one (1) full day prior to the bill's being called up for final passage. If the motion is made and is adopted by a majority vote of the membership of the House, the Speaker of the House of Representatives shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed with the House within five (5) days of the date of the request. (c) Failure of the sponsor of a bill to provide the fiscal impact statement required in this section shall not prohibit the consideration of it in the committee to which referred or on the floor of the house in which the bill is called up for final passage if no objection to it is made at the time such action is taken. (d) Nothing in this section shall prohibit a committee to which a bill is referred or the house in which the bill is being considered from suspending the requirement of the filing of a fiscal impact statement on any such bill in the same manner as provided for the suspension of the rules in the house in which the bill is being considered. (e) Copies of fiscal impact statements prepared in compliance with the provisions of this section shall be made available upon request for them to representatives of municipal or county governments. A fiscal impact statement filed or prepared in compliance with this section is declared to be a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) For the purposes of this section, the term "fiscal impact statement" means a realistic statement of the estimated financial cost to municipalities or counties of implementing or complying with a proposed law and rules promulgated under it. Amended by Act 2019, No. 315,§ 734, eff. 7/24/2019. Acts 1985, No. 806, § 1; A.S.A. 1947, § 13-2304; Acts 1992 (1st Ex. Sess.), No. 43, § 1.

(a) (1) Any bill filed with the Senate that requires an expenditure of public funds by a municipality or county or otherwise imposes a new or increased cost obligation on any municipality or county shall have a fiscal impact statement attached to it prepared by the author of the bill and filed with the bill at the time of its introduction. A copy of such fiscal impact statement shall be placed on the desk of each member of the Senate committee to which the bill is referred before the bill may be called up for final action in the committee. A copy of it shall also be placed on the desk of each member of the Senate before a final vote may be taken on it for final passage. (2) If the author of any Senate or House of Representatives bill affected by this section shall fail to file a fiscal impact statement, any member of the Senate committee to which the bill is referred may object to its being called up for final action in the committee until a fiscal impact statement is made available to the committee. If such an objection is made by a member of the Senate committee, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement, to be returned to the committee in writing not later than five (5) days from the date of the request. (3) If any such Senate or House bill is called up for final passage in the Senate and a fiscal impact statement has not been provided by the author of the bill or by the committee to which the bill was referred, any member of the Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the Senate at least one (1) day prior to the bill's being called up for final passage. If such an objection is made, the presiding officer of the Senate shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed in writing with the Senate not later than five (5) days from the date of the request.

(1) Any bill filed with the Senate that requires an expenditure of public funds by a municipality or county or otherwise imposes a new or increased cost obligation on any municipality or county shall have a fiscal impact statement attached to it prepared by the author of the bill and filed with the bill at the time of its introduction. A copy of such fiscal impact statement shall be placed on the desk of each member of the Senate committee to which the bill is referred before the bill may be called up for final action in the committee. A copy of it shall also be placed on the desk of each member of the Senate before a final vote may be taken on it for final passage.

(2) If the author of any Senate or House of Representatives bill affected by this section shall fail to file a fiscal impact statement, any member of the Senate committee to which the bill is referred may object to its being called up for final action in the committee until a fiscal impact statement is made available to the committee. If such an objection is made by a member of the Senate committee, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement, to be returned to the committee in writing not later than five (5) days from the date of the request.

(3) If any such Senate or House bill is called up for final passage in the Senate and a fiscal impact statement has not been provided by the author of the bill or by the committee to which the bill was referred, any member of the Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the Senate at least one (1) day prior to the bill's being called up for final passage. If such an objection is made, the presiding officer of the Senate shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed in writing with the Senate not later than five (5) days from the date of the request.

(b) (1) When any House or Senate bill requiring an expenditure of public funds or otherwise imposing a new or increased cost obligation on any municipality or county is pending before any committee of the House, any member of the committee may request that a fiscal impact statement for the bill be placed on the desk of each member of the committee before the bill is called up for final action in the committee. If a request is made, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement to be returned to the committee in writing not later than five (5) days from the date of the request. (2) Any time before the bill is read the third time in the House, a member of the House may request that a fiscal impact statement for the bill be prepared and placed on the desk of each member. When a member of the House so requests a fiscal impact statement on any bill, the Speaker of the House of Representatives shall furnish the member a fiscal impact statement signature form which shows the number of the bill for which the statement is requested and the date and time the request was made. If the member returns the form containing the signature of the requesting member and the signatures of at least nine (9) other House members within thirty (30) minutes of the time shown on the form, the fiscal impact statement shall be prepared and placed on the desk of each member of the House before the bill is read the third time. (3) If a bill is called up for final passage in the House and a fiscal impact statement has not been provided for the bill, any member of the House in which the bill is being considered may move that a final vote on the passage of the bill be delayed until a fiscal impact statement is prepared and made available on the desk of each member of the House at least one (1) full day prior to the bill's being called up for final passage. If the motion is made and is adopted by a majority vote of the membership of the House, the Speaker of the House of Representatives shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed with the House within five (5) days of the date of the request.

(1) When any House or Senate bill requiring an expenditure of public funds or otherwise imposing a new or increased cost obligation on any municipality or county is pending before any committee of the House, any member of the committee may request that a fiscal impact statement for the bill be placed on the desk of each member of the committee before the bill is called up for final action in the committee. If a request is made, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement to be returned to the committee in writing not later than five (5) days from the date of the request.

(2) Any time before the bill is read the third time in the House, a member of the House may request that a fiscal impact statement for the bill be prepared and placed on the desk of each member. When a member of the House so requests a fiscal impact statement on any bill, the Speaker of the House of Representatives shall furnish the member a fiscal impact statement signature form which shows the number of the bill for which the statement is requested and the date and time the request was made. If the member returns the form containing the signature of the requesting member and the signatures of at least nine (9) other House members within thirty (30) minutes of the time shown on the form, the fiscal impact statement shall be prepared and placed on the desk of each member of the House before the bill is read the third time.

(3) If a bill is called up for final passage in the House and a fiscal impact statement has not been provided for the bill, any member of the House in which the bill is being considered may move that a final vote on the passage of the bill be delayed until a fiscal impact statement is prepared and made available on the desk of each member of the House at least one (1) full day prior to the bill's being called up for final passage. If the motion is made and is adopted by a majority vote of the membership of the House, the Speaker of the House of Representatives shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed with the House within five (5) days of the date of the request.

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

(d) Nothing in this section shall prohibit a committee to which a bill is referred or the house in which the bill is being considered from suspending the requirement of the filing of a fiscal impact statement on any such bill in the same manner as provided for the suspension of the rules in the house in which the bill is being considered.

(e) Copies of fiscal impact statements prepared in compliance with the provisions of this section shall be made available upon request for them to representatives of municipal or county governments. A fiscal impact statement filed or prepared in compliance with this section is declared to be a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) For the purposes of this section, the term "fiscal impact statement" means a realistic statement of the estimated financial cost to municipalities or counties of implementing or complying with a proposed law and rules promulgated under it.

Amended by Act 2019, No. 315,§ 734, eff. 7/24/2019.

Acts 1985, No. 806, § 1; A.S.A. 1947, § 13-2304; Acts 1992 (1st Ex. Sess.), No. 43, § 1.
Ark. Code Ann. § 10-4-413 — AR Code / Title 10 / Chapter 4 / Subchapter 4 / Section 10-4-413
Audits of schools
Status: in_force

(a) Except as provided in subdivision (b)(1) of this section, the Legislative Auditor shall audit schools. (b) (1) (A) A school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct an annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States. (B) If the school is an open-enrollment public charter school in its first year of operation, the Legislative Auditor shall prepare the required annual financial audit for the school unless: (i) The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and (ii) The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit. (C) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards. (2) Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report to the school board. (3) Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school. (c) Regulatory Basis. (1) For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate. (2) The financial statements shall consist of the following: (A) A balance sheet; (B) A statement of revenues, expenditures, and changes in fund balances; (C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and (D) Notes to the financial statements. (3) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards. (4) The report shall include as supplemental information a schedule of capital assets, including: (A) Land; (B) Buildings; and (C) Equipment. (5) The State Board of Education shall promulgate rules necessary to administer the regulatory basis provided in this subsection. Amended by Act 2019, No. 867,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 554,§ 16, eff. 7/22/2015. Acts 2005, No. 2201, § 7; 2011, No. 993, § 16.

(a) Except as provided in subdivision (b)(1) of this section, the Legislative Auditor shall audit schools.

(b) (1) (A) A school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct an annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States. (B) If the school is an open-enrollment public charter school in its first year of operation, the Legislative Auditor shall prepare the required annual financial audit for the school unless: (i) The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and (ii) The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit. (C) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards. (2) Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report to the school board. (3) Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school.

(1) (A) A school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct an annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States. (B) If the school is an open-enrollment public charter school in its first year of operation, the Legislative Auditor shall prepare the required annual financial audit for the school unless: (i) The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and (ii) The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit. (C) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.

(A) A school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct an annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States.

(B) If the school is an open-enrollment public charter school in its first year of operation, the Legislative Auditor shall prepare the required annual financial audit for the school unless: (i) The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and (ii) The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit.

(i) The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and

(ii) The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit.

(C) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.

(2) Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report to the school board.

(3) Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school.

(c) Regulatory Basis. (1) For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate. (2) The financial statements shall consist of the following: (A) A balance sheet; (B) A statement of revenues, expenditures, and changes in fund balances; (C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and (D) Notes to the financial statements. (3) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards. (4) The report shall include as supplemental information a schedule of capital assets, including: (A) Land; (B) Buildings; and (C) Equipment. (5) The State Board of Education shall promulgate rules necessary to administer the regulatory basis provided in this subsection.

(1) For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate.

(2) The financial statements shall consist of the following: (A) A balance sheet; (B) A statement of revenues, expenditures, and changes in fund balances; (C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and (D) Notes to the financial statements.

(A) A balance sheet;

(B) A statement of revenues, expenditures, and changes in fund balances;

(C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and

(D) Notes to the financial statements.

(3) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.

(4) The report shall include as supplemental information a schedule of capital assets, including: (A) Land; (B) Buildings; and (C) Equipment.

(A) Land;

(B) Buildings; and

(C) Equipment.

(5) The State Board of Education shall promulgate rules necessary to administer the regulatory basis provided in this subsection.

Amended by Act 2019, No. 867,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 554,§ 16, eff. 7/22/2015.

Acts 2005, No. 2201, § 7; 2011, No. 993, § 16.
Ark. Code Ann. § 10-3-508 — AR Code / Title 10 / Chapter 3 / Subchapter 5 / Section 10-3-508
Duties
Status: in_force

In addition to participation by members of the Joint Budget Committee in the presession budget hearings of the Legislative Council, as authorized in § 10-3-507 , the Joint Budget Committee during a regular session, a fiscal session, and a special session of the General Assembly shall perform any duties as are provided by the Joint Rules of the House of Representatives and the Senate. Acts 1979, No. 157, § 1; 1981, No. 939, § 1; A.S.A. 1947, § 4-304; Acts 2009, No. 962, § 19.

In addition to participation by members of the Joint Budget Committee in the presession budget hearings of the Legislative Council, as authorized in § 10-3-507 , the Joint Budget Committee during a regular session, a fiscal session, and a special session of the General Assembly shall perform any duties as are provided by the Joint Rules of the House of Representatives and the Senate.

Acts 1979, No. 157, § 1; 1981, No. 939, § 1; A.S.A. 1947, § 4-304; Acts 2009, No. 962, § 19.