Ark. Code Ann. § 25-43-202 — AR Code / Title 25 / Chapter 43 / Subchapter 2 / Section 25-43-202
State entities transferred to Department of Agriculture
Status: repealed

(a) As provided in §§ 25-38-206 and 25-38-211 , the following state entities, or parts thereof, are transferred to the Department of Agriculture by a cabinet-level department transfer: (1) [Repealed.] (2) [Repealed.] (3) The Arkansas Agriculture Department, created under § 25-38-202 [repealed], and now to be known as the "Department of Agriculture"; (4) The Arkansas Bureau of Standards, created under § 4-18-301 et seq.; (5) The Arkansas Boll Weevil Eradication Committee; (6) The Arkansas Farm Mediation Office, created under § 2-7-201 ; (7) [Repealed.] (8) The Arkansas Forestry Commission, created under § 15-31-101 ; (9) The Arkansas Livestock and Poultry Commission, created under § 2-33-101 ; (10) [Repealed.] (11) The Arkansas Natural Resources Commission, created under § 15-20-201 ; (12) [Repealed.] (13) [Repealed.] (14) [Repealed.] (15) The Arkansas Unpaved Roads Program, created under § 14-305-104 ; (16) [Repealed.] (17) [Repealed.] (18) [Repealed.] (19) [Repealed.] (20) [Repealed.] (21) The State Plant Board, created under § 2-16-206 ; (22) [Repealed.] (23) [Repealed.] (24) [Repealed.] (25) Arkansas Catfish Promotion Board, created under § 2-9-103 ; (26) Arkansas Soybean Promotion Board, created under § 2-20-404 ; (27) Arkansas Rice Research and Promotion Board, created under § 2-20-505 ; (28) Arkansas Wheat Promotion Board, created under § 2-20-604 ; (29) Arkansas Corn and Grain Sorghum Promotion Board, created under § 2-20-804 ; and (30) Arkansas Beef Council, created under § 2-35-303 . (b) If there is a conflict between the cabinet-level department transfers of the state entities listed in subdivisions (a)(1)-(24) of this section and either the transfer of these same state entities under § 25-38-211 or the transfer of their respective personnel, administrative functions, and human resource and accounting operations under § 25-38-206 , then the transfer provisions under §§ 25-38-206 and 25-38-211 shall apply. (c) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Agriculture under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Agriculture under subsection (a) of this section. (d) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Agriculture under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Agriculture in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 691,§ 209, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 208, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 207, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 206, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 205, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 204, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 203, eff. 7/1/2023. Amended by Act 2023, No. 712,§ 12, eff. 7/1/2023. Amended by Act 2021, No. 501,§ 28, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 27, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 26, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 25, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 24, eff. 7/28/2021. Amended by Act 2021, No. 928,§ 4, eff. 7/1/2021. Added by Act 2019, No. 910,§ 3, eff. 7/1/2019.

(a) As provided in §§ 25-38-206 and 25-38-211 , the following state entities, or parts thereof, are transferred to the Department of Agriculture by a cabinet-level department transfer: (1) [Repealed.] (2) [Repealed.] (3) The Arkansas Agriculture Department, created under § 25-38-202 [repealed], and now to be known as the "Department of Agriculture"; (4) The Arkansas Bureau of Standards, created under § 4-18-301 et seq.; (5) The Arkansas Boll Weevil Eradication Committee; (6) The Arkansas Farm Mediation Office, created under § 2-7-201 ; (7) [Repealed.] (8) The Arkansas Forestry Commission, created under § 15-31-101 ; (9) The Arkansas Livestock and Poultry Commission, created under § 2-33-101 ; (10) [Repealed.] (11) The Arkansas Natural Resources Commission, created under § 15-20-201 ; (12) [Repealed.] (13) [Repealed.] (14) [Repealed.] (15) The Arkansas Unpaved Roads Program, created under § 14-305-104 ; (16) [Repealed.] (17) [Repealed.] (18) [Repealed.] (19) [Repealed.] (20) [Repealed.] (21) The State Plant Board, created under § 2-16-206 ; (22) [Repealed.] (23) [Repealed.] (24) [Repealed.] (25) Arkansas Catfish Promotion Board, created under § 2-9-103 ; (26) Arkansas Soybean Promotion Board, created under § 2-20-404 ; (27) Arkansas Rice Research and Promotion Board, created under § 2-20-505 ; (28) Arkansas Wheat Promotion Board, created under § 2-20-604 ; (29) Arkansas Corn and Grain Sorghum Promotion Board, created under § 2-20-804 ; and (30) Arkansas Beef Council, created under § 2-35-303 .

(1) [Repealed.]

(2) [Repealed.]

(3) The Arkansas Agriculture Department, created under § 25-38-202 [repealed], and now to be known as the "Department of Agriculture";

(4) The Arkansas Bureau of Standards, created under § 4-18-301 et seq.;

(5) The Arkansas Boll Weevil Eradication Committee;

(6) The Arkansas Farm Mediation Office, created under § 2-7-201 ;

(7) [Repealed.]

(8) The Arkansas Forestry Commission, created under § 15-31-101 ;

(9) The Arkansas Livestock and Poultry Commission, created under § 2-33-101 ;

(10) [Repealed.]

(11) The Arkansas Natural Resources Commission, created under § 15-20-201 ;

(12) [Repealed.]

(13) [Repealed.]

(14) [Repealed.]

(15) The Arkansas Unpaved Roads Program, created under § 14-305-104 ;

(16) [Repealed.]

(17) [Repealed.]

(18) [Repealed.]

(19) [Repealed.]

(20) [Repealed.]

(21) The State Plant Board, created under § 2-16-206 ;

(22) [Repealed.]

(23) [Repealed.]

(24) [Repealed.]

(25) Arkansas Catfish Promotion Board, created under § 2-9-103 ;

(26) Arkansas Soybean Promotion Board, created under § 2-20-404 ;

(27) Arkansas Rice Research and Promotion Board, created under § 2-20-505 ;

(28) Arkansas Wheat Promotion Board, created under § 2-20-604 ;

(29) Arkansas Corn and Grain Sorghum Promotion Board, created under § 2-20-804 ; and

(30) Arkansas Beef Council, created under § 2-35-303 .

(b) If there is a conflict between the cabinet-level department transfers of the state entities listed in subdivisions (a)(1)-(24) of this section and either the transfer of these same state entities under § 25-38-211 or the transfer of their respective personnel, administrative functions, and human resource and accounting operations under § 25-38-206 , then the transfer provisions under §§ 25-38-206 and 25-38-211 shall apply.

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

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

Amended by Act 2023, No. 691,§ 209, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 208, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 207, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 206, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 205, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 204, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 203, eff. 7/1/2023.

Amended by Act 2023, No. 712,§ 12, eff. 7/1/2023.

Amended by Act 2021, No. 501,§ 28, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 27, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 26, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 25, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 24, eff. 7/28/2021.

Amended by Act 2021, No. 928,§ 4, eff. 7/1/2021.

Added by Act 2019, No. 910,§ 3, eff. 7/1/2019.
Ark. Code Ann. § 25-4-119 — AR Code / Title 25 / Chapter 4 / Section 25-4-119
Budget procedures
Status: in_force

(a) (1) Prior to the commencement of budget hearings conducted by the Legislative Council, the Director of the Division of Information Systems shall prepare an operating budget indicating the amount of money that will be required to operate the Division of Information Systems each year of the succeeding biennium. (2) The director shall also provide cost information to users of information technology centers, and those who require new or expanded information technology shall be provided cost estimates for inclusion in their budget requests. (b) (1) When the General Assembly has completed the appropriation process, the director shall oversee budgetary planning for the division for each fiscal year of the biennium. (2) The proposed annual operating budget shall be submitted to the Secretary of the Department of Transformation and Shared Services for his or her approval prior to the beginning of each fiscal year. (3) (A) During the course of the biennium, the director shall make certain that the expenditures of the division do not exceed the income to be received by the division for the current fiscal year. (B) Subject to the written approval of the Chief Fiscal Officer of the State upon the written application of the division and review by the Legislative Council, in order to effect compliance with state and federal statutory and regulatory provisions: (i) The director shall adjust rates for services or issue billing adjustments as necessary; or (ii) Funds sufficient to effect compliance shall be provided to the division. (4) (A) If rates charged to a customer are increased to ensure compliance with state and federal statutory and regulatory provisions under subdivision (b)(3) of this section, then the director shall promptly notify the Governor, the Joint Committee on Advanced Communications and Information Technology, and all state agencies and other customers before any changes shall be effected. (B) Rates shall be reviewed by the division on no less than an annual basis in order to ensure compliance with state and federal statutory and regulatory provisions. (c) The quarterly allotment procedures applicable to state agencies, as defined by the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., shall be applicable to all appropriations funded directly through general revenue. Amended by Act 2019, No. 910,§ 6284, eff. 7/1/2019. Acts 1979, No. 951, § 2; A.S.A. 1947, § 5-1413.1; Acts 1997, No. 914, § 19; 2001, No. 1722, § 14; 2005, No. 1999, § 7.

(a) (1) Prior to the commencement of budget hearings conducted by the Legislative Council, the Director of the Division of Information Systems shall prepare an operating budget indicating the amount of money that will be required to operate the Division of Information Systems each year of the succeeding biennium. (2) The director shall also provide cost information to users of information technology centers, and those who require new or expanded information technology shall be provided cost estimates for inclusion in their budget requests.

(1) Prior to the commencement of budget hearings conducted by the Legislative Council, the Director of the Division of Information Systems shall prepare an operating budget indicating the amount of money that will be required to operate the Division of Information Systems each year of the succeeding biennium.

(2) The director shall also provide cost information to users of information technology centers, and those who require new or expanded information technology shall be provided cost estimates for inclusion in their budget requests.

(b) (1) When the General Assembly has completed the appropriation process, the director shall oversee budgetary planning for the division for each fiscal year of the biennium. (2) The proposed annual operating budget shall be submitted to the Secretary of the Department of Transformation and Shared Services for his or her approval prior to the beginning of each fiscal year. (3) (A) During the course of the biennium, the director shall make certain that the expenditures of the division do not exceed the income to be received by the division for the current fiscal year. (B) Subject to the written approval of the Chief Fiscal Officer of the State upon the written application of the division and review by the Legislative Council, in order to effect compliance with state and federal statutory and regulatory provisions: (i) The director shall adjust rates for services or issue billing adjustments as necessary; or (ii) Funds sufficient to effect compliance shall be provided to the division. (4) (A) If rates charged to a customer are increased to ensure compliance with state and federal statutory and regulatory provisions under subdivision (b)(3) of this section, then the director shall promptly notify the Governor, the Joint Committee on Advanced Communications and Information Technology, and all state agencies and other customers before any changes shall be effected. (B) Rates shall be reviewed by the division on no less than an annual basis in order to ensure compliance with state and federal statutory and regulatory provisions.

(1) When the General Assembly has completed the appropriation process, the director shall oversee budgetary planning for the division for each fiscal year of the biennium.

(2) The proposed annual operating budget shall be submitted to the Secretary of the Department of Transformation and Shared Services for his or her approval prior to the beginning of each fiscal year.

(3) (A) During the course of the biennium, the director shall make certain that the expenditures of the division do not exceed the income to be received by the division for the current fiscal year. (B) Subject to the written approval of the Chief Fiscal Officer of the State upon the written application of the division and review by the Legislative Council, in order to effect compliance with state and federal statutory and regulatory provisions: (i) The director shall adjust rates for services or issue billing adjustments as necessary; or (ii) Funds sufficient to effect compliance shall be provided to the division.

(A) During the course of the biennium, the director shall make certain that the expenditures of the division do not exceed the income to be received by the division for the current fiscal year.

(B) Subject to the written approval of the Chief Fiscal Officer of the State upon the written application of the division and review by the Legislative Council, in order to effect compliance with state and federal statutory and regulatory provisions: (i) The director shall adjust rates for services or issue billing adjustments as necessary; or (ii) Funds sufficient to effect compliance shall be provided to the division.

(i) The director shall adjust rates for services or issue billing adjustments as necessary; or

(ii) Funds sufficient to effect compliance shall be provided to the division.

(4) (A) If rates charged to a customer are increased to ensure compliance with state and federal statutory and regulatory provisions under subdivision (b)(3) of this section, then the director shall promptly notify the Governor, the Joint Committee on Advanced Communications and Information Technology, and all state agencies and other customers before any changes shall be effected. (B) Rates shall be reviewed by the division on no less than an annual basis in order to ensure compliance with state and federal statutory and regulatory provisions.

(A) If rates charged to a customer are increased to ensure compliance with state and federal statutory and regulatory provisions under subdivision (b)(3) of this section, then the director shall promptly notify the Governor, the Joint Committee on Advanced Communications and Information Technology, and all state agencies and other customers before any changes shall be effected.

(B) Rates shall be reviewed by the division on no less than an annual basis in order to ensure compliance with state and federal statutory and regulatory provisions.

(c) The quarterly allotment procedures applicable to state agencies, as defined by the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., shall be applicable to all appropriations funded directly through general revenue.

Amended by Act 2019, No. 910,§ 6284, eff. 7/1/2019.

Acts 1979, No. 951, § 2; A.S.A. 1947, § 5-1413.1; Acts 1997, No. 914, § 19; 2001, No. 1722, § 14; 2005, No. 1999, § 7.
Ark. Code Ann. § 25-10-124 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-124
Administration of state or federal funds
Status: in_force

(a) The Office of Minority Mental Health is the authorized state agency to accept, receive, retain, and administer any state or federal funds relating to minority mental health. (b) The office shall develop, comment on, and revise any designations of areas of minority mental health as underserved. Amended by Act 2017, No. 913,§ 127, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 23, eff. 8/16/2013. Acts 1991, No. 1210, § 3.

(a) The Office of Minority Mental Health is the authorized state agency to accept, receive, retain, and administer any state or federal funds relating to minority mental health.

(b) The office shall develop, comment on, and revise any designations of areas of minority mental health as underserved.

Amended by Act 2017, No. 913,§ 127, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 23, eff. 8/16/2013.

Acts 1991, No. 1210, § 3.
Ark. Code Ann. § 25-28-104 — AR Code / Title 25 / Chapter 28 / Section 25-28-104
Administrative Procedure Act
Status: in_force

The Assessment Coordination Division shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 910,§ 3577, eff. 7/1/2019. Acts 1997, No. 436, § 4.

The Assessment Coordination Division shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 910,§ 3577, eff. 7/1/2019.

Acts 1997, No. 436, § 4.
Ark. Code Ann. § 25-18-402 — AR Code / Title 25 / Chapter 18 / Subchapter 4 / Section 25-18-402
Exemptions
Status: in_force

This subchapter does not prohibit the Secretary of the Department of Finance and Administration and his or her authorized agents from entering into agreements with taxpayers pursuant to § 26-18-705 which shall not be subject to public disclosure if the subject matter of the agreement is protected from public disclosure by the Freedom of Information Act of 1967, § 25-19-101 et seq., or § 26-18-303 , or other state law. Amended by Act 2019, No. 910,§ 3584, eff. 7/1/2019. Acts 1991, No. 781, § 2.

This subchapter does not prohibit the Secretary of the Department of Finance and Administration and his or her authorized agents from entering into agreements with taxpayers pursuant to § 26-18-705 which shall not be subject to public disclosure if the subject matter of the agreement is protected from public disclosure by the Freedom of Information Act of 1967, § 25-19-101 et seq., or § 26-18-303 , or other state law.

Amended by Act 2019, No. 910,§ 3584, eff. 7/1/2019.

Acts 1991, No. 781, § 2.
Ark. Code Ann. § 25-16-507 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-507
Power to administer oaths
Status: in_force

The Auditor of State shall have power to administer oaths required or allowed by law in all matters touching the duties of his or her office. Rev. Stat., ch. 18, § 29; C. & M. Dig., § 4446; Pope's Dig., § 5481; A.S.A. 1947, § 12-507.

The Auditor of State shall have power to administer oaths required or allowed by law in all matters touching the duties of his or her office.

Rev. Stat., ch. 18, § 29; C. & M. Dig., § 4446; Pope's Dig., § 5481; A.S.A. 1947, § 12-507.
Ark. Code Ann. § 25-15-502 — AR Code / Title 25 / Chapter 15 / Subchapter 5 / Section 25-15-502
Definition
Status: in_force

(a) As used in this section, "rule impacting state Medicaid costs" means a proposed rule as defined by § 25-15-202(9) , or a proposed amendment to an existing rule as defined by § 25-15-202(9) , that would, if adopted, adjust Medicaid reimbursement rates, Medicaid eligibility criteria, or Medicaid benefits, including without limitation a proposed rule or a proposed amendment to an existing rule seeking to: (1) Reduce the number of individuals covered by the Arkansas Medicaid Program; (2) Limit the types of services covered by the program; (3) Reduce the utilization of services covered by the program; (4) Reduce provider reimbursement; (5) Increase consumer cost sharing; (6) Reduce the cost of administering the program; (7) Increase the program revenues; (8) Reduce fraud and abuse in the program; (9) Change any of the methodologies used for reimbursement of providers; (10) Seek a new waiver or modification of an existing waiver of any provision under Title XIX of the Social Security Act, 42 U.S.C. § 1396-1 et seq., including a waiver that would allow a demonstration project; (11) Participate or seek to participate in the waiver authority of Section 1115(a)(1) of the Social Security Act, 42 U.S.C. § 1315(a)(1) , that would allow operation of a demonstration project or program; (12) Participate or seek to participate in a request under Section 1115(a)(2) of the Social Security Act, 42 U.S.C. § 1315(a)(2) , for the United States Secretary of Health and Human Services to provide federal financial participation for costs associated with a demonstration project or program; (13) Implement managed care provisions under Section 1932 of the Social Security Act, 42 U.S.C. § 1396u-2 ; or (14) Participate or seek to participate in the projects or programs of the Center for Medicare and Medicaid Innovation. (b) "Rule impacting state Medicaid costs" does not include a modification, addition, or elimination of the medical codes used within the program that are issued by the Centers for Medicare & Medicaid Services, including without limitation: (1) Current Procedural Terminology codes; (2) Healthcare Common Procedure Coding System codes; (3) International Classification of Diseases codes; (4) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (5) National Correct Coding Initiative codes. Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.

(a) As used in this section, "rule impacting state Medicaid costs" means a proposed rule as defined by § 25-15-202(9) , or a proposed amendment to an existing rule as defined by § 25-15-202(9) , that would, if adopted, adjust Medicaid reimbursement rates, Medicaid eligibility criteria, or Medicaid benefits, including without limitation a proposed rule or a proposed amendment to an existing rule seeking to: (1) Reduce the number of individuals covered by the Arkansas Medicaid Program; (2) Limit the types of services covered by the program; (3) Reduce the utilization of services covered by the program; (4) Reduce provider reimbursement; (5) Increase consumer cost sharing; (6) Reduce the cost of administering the program; (7) Increase the program revenues; (8) Reduce fraud and abuse in the program; (9) Change any of the methodologies used for reimbursement of providers; (10) Seek a new waiver or modification of an existing waiver of any provision under Title XIX of the Social Security Act, 42 U.S.C. § 1396-1 et seq., including a waiver that would allow a demonstration project; (11) Participate or seek to participate in the waiver authority of Section 1115(a)(1) of the Social Security Act, 42 U.S.C. § 1315(a)(1) , that would allow operation of a demonstration project or program; (12) Participate or seek to participate in a request under Section 1115(a)(2) of the Social Security Act, 42 U.S.C. § 1315(a)(2) , for the United States Secretary of Health and Human Services to provide federal financial participation for costs associated with a demonstration project or program; (13) Implement managed care provisions under Section 1932 of the Social Security Act, 42 U.S.C. § 1396u-2 ; or (14) Participate or seek to participate in the projects or programs of the Center for Medicare and Medicaid Innovation.

(1) Reduce the number of individuals covered by the Arkansas Medicaid Program;

(2) Limit the types of services covered by the program;

(3) Reduce the utilization of services covered by the program;

(4) Reduce provider reimbursement;

(5) Increase consumer cost sharing;

(6) Reduce the cost of administering the program;

(7) Increase the program revenues;

(8) Reduce fraud and abuse in the program;

(9) Change any of the methodologies used for reimbursement of providers;

(10) Seek a new waiver or modification of an existing waiver of any provision under Title XIX of the Social Security Act, 42 U.S.C. § 1396-1 et seq., including a waiver that would allow a demonstration project;

(11) Participate or seek to participate in the waiver authority of Section 1115(a)(1) of the Social Security Act, 42 U.S.C. § 1315(a)(1) , that would allow operation of a demonstration project or program;

(12) Participate or seek to participate in a request under Section 1115(a)(2) of the Social Security Act, 42 U.S.C. § 1315(a)(2) , for the United States Secretary of Health and Human Services to provide federal financial participation for costs associated with a demonstration project or program;

(13) Implement managed care provisions under Section 1932 of the Social Security Act, 42 U.S.C. § 1396u-2 ; or

(14) Participate or seek to participate in the projects or programs of the Center for Medicare and Medicaid Innovation.

(b) "Rule impacting state Medicaid costs" does not include a modification, addition, or elimination of the medical codes used within the program that are issued by the Centers for Medicare & Medicaid Services, including without limitation: (1) Current Procedural Terminology codes; (2) Healthcare Common Procedure Coding System codes; (3) International Classification of Diseases codes; (4) National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and (5) National Correct Coding Initiative codes.

(1) Current Procedural Terminology codes;

(2) Healthcare Common Procedure Coding System codes;

(3) International Classification of Diseases codes;

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

(5) National Correct Coding Initiative codes.

Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 25-20-101 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-101
Title
Status: in_force

This chapter may be cited as the "Interlocal Cooperation Act". Acts 1967, No. 430, § 2; A.S.A. 1947, § 14-902.

This chapter may be cited as the "Interlocal Cooperation Act".

Acts 1967, No. 430, § 2; A.S.A. 1947, § 14-902.
Ark. Code Ann. § 25-4-126 — AR Code / Title 25 / Chapter 4 / Section 25-4-126
Chief Data Officer and Chief Privacy Officer
Status: in_force

(a) (1) The Director of the Division of Information Systems shall select an individual to serve as the Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems. (2) The Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems shall not be the same person. (b) The Chief Data Officer of the Division of Information Systems shall: (1) (A) Provide master data management by facilitating standardization, deduplication, sharing, and integration of critical data between systems and state agencies. (B) Master data management may include without limitation a shared master citizen record; (2) Establish and promote data architecture management by developing an integrated set of specifications and documents that define the blueprint for managing data resources; (3) Provide data quality management by: (A) Applying data quality management concepts and practices that include without limitation: (i) Policies; (ii) Measurement; (iii) Process improvement; and (iv) Education; and (B) Leveraging data warehouse, business intelligence, and master data management solutions; (4) Provide data governance by: (A) Exercising authority, control, and decision-making over the management of data assets; and (B) Introducing accountability for data asset management through formalized data stewardship; (5) Support open data exchanges based on standardized and published application programming interfaces that: (A) Facilitate standardized access to data within, between, or outside systems or state agencies; and (B) Establish a data catalog of data housed, maintained, and utilized by each state agency; (6) Utilize business intelligence that includes without limitation embedded business intelligence and advanced analytics that maximize the value of data in this state in order to facilitate access to and the analysis of data; and (7) Direct and oversee the Data and Transparency Panel. (c) The Chief Privacy Officer of the Division of Information Systems shall: (1) Oversee, develop, and implement methods to ensure that all state agencies comply with federal and state laws governing the privacy of and access to protected data; (2) Assure that the use of technology sustains, and does not erode, privacy protections relating to the use, collection, and disclosure of personal information; (3) Assure that personal information contained in privacy act systems of records complies with the Privacy Act of 1974, 5 U.S.C. § 552(a) ; (4) Review regulatory proposals and procedures involving the collection, use, and disclosure of personal information by the federal government, state government, and local government; and (5) (A) Prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning activities that affect privacy. (B) Activities that affect privacy may include without limitation complaints of privacy violations, implementation of the Privacy Act of 1974, 5 U.S.C. § 552(a) , and internal controls. Amended by Act 2019, No. 910,§ 6296, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6295, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6294, eff. 7/1/2019. Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.

(a) (1) The Director of the Division of Information Systems shall select an individual to serve as the Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems. (2) The Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems shall not be the same person.

(1) The Director of the Division of Information Systems shall select an individual to serve as the Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems.

(2) The Chief Data Officer of the Division of Information Systems and the Chief Privacy Officer of the Division of Information Systems shall not be the same person.

(b) The Chief Data Officer of the Division of Information Systems shall: (1) (A) Provide master data management by facilitating standardization, deduplication, sharing, and integration of critical data between systems and state agencies. (B) Master data management may include without limitation a shared master citizen record; (2) Establish and promote data architecture management by developing an integrated set of specifications and documents that define the blueprint for managing data resources; (3) Provide data quality management by: (A) Applying data quality management concepts and practices that include without limitation: (i) Policies; (ii) Measurement; (iii) Process improvement; and (iv) Education; and (B) Leveraging data warehouse, business intelligence, and master data management solutions; (4) Provide data governance by: (A) Exercising authority, control, and decision-making over the management of data assets; and (B) Introducing accountability for data asset management through formalized data stewardship; (5) Support open data exchanges based on standardized and published application programming interfaces that: (A) Facilitate standardized access to data within, between, or outside systems or state agencies; and (B) Establish a data catalog of data housed, maintained, and utilized by each state agency; (6) Utilize business intelligence that includes without limitation embedded business intelligence and advanced analytics that maximize the value of data in this state in order to facilitate access to and the analysis of data; and (7) Direct and oversee the Data and Transparency Panel.

(1) (A) Provide master data management by facilitating standardization, deduplication, sharing, and integration of critical data between systems and state agencies. (B) Master data management may include without limitation a shared master citizen record;

(A) Provide master data management by facilitating standardization, deduplication, sharing, and integration of critical data between systems and state agencies.

(B) Master data management may include without limitation a shared master citizen record;

(2) Establish and promote data architecture management by developing an integrated set of specifications and documents that define the blueprint for managing data resources;

(3) Provide data quality management by: (A) Applying data quality management concepts and practices that include without limitation: (i) Policies; (ii) Measurement; (iii) Process improvement; and (iv) Education; and (B) Leveraging data warehouse, business intelligence, and master data management solutions;

(A) Applying data quality management concepts and practices that include without limitation: (i) Policies; (ii) Measurement; (iii) Process improvement; and (iv) Education; and

(i) Policies;

(ii) Measurement;

(iii) Process improvement; and

(iv) Education; and

(B) Leveraging data warehouse, business intelligence, and master data management solutions;

(4) Provide data governance by: (A) Exercising authority, control, and decision-making over the management of data assets; and (B) Introducing accountability for data asset management through formalized data stewardship;

(A) Exercising authority, control, and decision-making over the management of data assets; and

(B) Introducing accountability for data asset management through formalized data stewardship;

(5) Support open data exchanges based on standardized and published application programming interfaces that: (A) Facilitate standardized access to data within, between, or outside systems or state agencies; and (B) Establish a data catalog of data housed, maintained, and utilized by each state agency;

(A) Facilitate standardized access to data within, between, or outside systems or state agencies; and

(B) Establish a data catalog of data housed, maintained, and utilized by each state agency;

(6) Utilize business intelligence that includes without limitation embedded business intelligence and advanced analytics that maximize the value of data in this state in order to facilitate access to and the analysis of data; and

(7) Direct and oversee the Data and Transparency Panel.

(c) The Chief Privacy Officer of the Division of Information Systems shall: (1) Oversee, develop, and implement methods to ensure that all state agencies comply with federal and state laws governing the privacy of and access to protected data; (2) Assure that the use of technology sustains, and does not erode, privacy protections relating to the use, collection, and disclosure of personal information; (3) Assure that personal information contained in privacy act systems of records complies with the Privacy Act of 1974, 5 U.S.C. § 552(a) ; (4) Review regulatory proposals and procedures involving the collection, use, and disclosure of personal information by the federal government, state government, and local government; and (5) (A) Prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning activities that affect privacy. (B) Activities that affect privacy may include without limitation complaints of privacy violations, implementation of the Privacy Act of 1974, 5 U.S.C. § 552(a) , and internal controls.

(1) Oversee, develop, and implement methods to ensure that all state agencies comply with federal and state laws governing the privacy of and access to protected data;

(2) Assure that the use of technology sustains, and does not erode, privacy protections relating to the use, collection, and disclosure of personal information;

(3) Assure that personal information contained in privacy act systems of records complies with the Privacy Act of 1974, 5 U.S.C. § 552(a) ;

(4) Review regulatory proposals and procedures involving the collection, use, and disclosure of personal information by the federal government, state government, and local government; and

(5) (A) Prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning activities that affect privacy. (B) Activities that affect privacy may include without limitation complaints of privacy violations, implementation of the Privacy Act of 1974, 5 U.S.C. § 552(a) , and internal controls.

(A) Prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning activities that affect privacy.

(B) Activities that affect privacy may include without limitation complaints of privacy violations, implementation of the Privacy Act of 1974, 5 U.S.C. § 552(a) , and internal controls.

Amended by Act 2019, No. 910,§ 6296, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6295, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6294, eff. 7/1/2019.

Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-4-115 — AR Code / Title 25 / Chapter 4 / Section 25-4-115
Professional services contracts between division and outside vendors
Status: in_force

(a) (1) In the event that, due to unforeseen circumstances, the Division of Information Systems cannot provide sufficient information technology support to state agencies, the Director of the Division of Information Systems is authorized to enter into professional services contracts for the necessary information technology support. (2) The division may also consolidate information technology needs to satisfy state agency requests. (b) (1) The division may utilize moneys appropriated for maintenance, operation, and payment of regular salaries of the division for the purchase of professional services upon approval by the Secretary of the Department of Transformation and Shared Services. (2) (A) Provided, however, that before approving the use of moneys appropriated for payment of regular salaries of the division for obtaining professional services, the secretary shall determine that resignations, vacancies in positions, or the inability to employ persons with technical skills to provide the professional services has necessitated that action. (B) In addition, the secretary shall obtain the approval of the Legislative Council or the Joint Budget Committee if the General Assembly is in session, before approving any transfer of regular salary appropriations to the maintenance and operation appropriation of a state agency to be used for payment of professional services. Amended by Act 2021, No. 543,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6280, eff. 7/1/2019. Acts 1977, No. 884, § 11; A.S.A. 1947, § 5-1411; Acts 1997, No. 914, § 15; 2001, No. 1722, § 11.

(a) (1) In the event that, due to unforeseen circumstances, the Division of Information Systems cannot provide sufficient information technology support to state agencies, the Director of the Division of Information Systems is authorized to enter into professional services contracts for the necessary information technology support. (2) The division may also consolidate information technology needs to satisfy state agency requests.

(1) In the event that, due to unforeseen circumstances, the Division of Information Systems cannot provide sufficient information technology support to state agencies, the Director of the Division of Information Systems is authorized to enter into professional services contracts for the necessary information technology support.

(2) The division may also consolidate information technology needs to satisfy state agency requests.

(b) (1) The division may utilize moneys appropriated for maintenance, operation, and payment of regular salaries of the division for the purchase of professional services upon approval by the Secretary of the Department of Transformation and Shared Services. (2) (A) Provided, however, that before approving the use of moneys appropriated for payment of regular salaries of the division for obtaining professional services, the secretary shall determine that resignations, vacancies in positions, or the inability to employ persons with technical skills to provide the professional services has necessitated that action. (B) In addition, the secretary shall obtain the approval of the Legislative Council or the Joint Budget Committee if the General Assembly is in session, before approving any transfer of regular salary appropriations to the maintenance and operation appropriation of a state agency to be used for payment of professional services.

(1) The division may utilize moneys appropriated for maintenance, operation, and payment of regular salaries of the division for the purchase of professional services upon approval by the Secretary of the Department of Transformation and Shared Services.

(2) (A) Provided, however, that before approving the use of moneys appropriated for payment of regular salaries of the division for obtaining professional services, the secretary shall determine that resignations, vacancies in positions, or the inability to employ persons with technical skills to provide the professional services has necessitated that action. (B) In addition, the secretary shall obtain the approval of the Legislative Council or the Joint Budget Committee if the General Assembly is in session, before approving any transfer of regular salary appropriations to the maintenance and operation appropriation of a state agency to be used for payment of professional services.

(A) Provided, however, that before approving the use of moneys appropriated for payment of regular salaries of the division for obtaining professional services, the secretary shall determine that resignations, vacancies in positions, or the inability to employ persons with technical skills to provide the professional services has necessitated that action.

(B) In addition, the secretary shall obtain the approval of the Legislative Council or the Joint Budget Committee if the General Assembly is in session, before approving any transfer of regular salary appropriations to the maintenance and operation appropriation of a state agency to be used for payment of professional services.

Amended by Act 2021, No. 543,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6280, eff. 7/1/2019.

Acts 1977, No. 884, § 11; A.S.A. 1947, § 5-1411; Acts 1997, No. 914, § 15; 2001, No. 1722, § 11.
Ark. Code Ann. § 25-16-405 — AR Code / Title 25 / Chapter 16 / Subchapter 4 / Section 25-16-405
Arkansas Ambassador's Certificate
Status: in_force

The Secretary of State shall have the authority to issue an Arkansas Ambassador's Certificate, which may be given to citizens of the State of Arkansas who will be traveling outside the state. The Secretary of State may adopt such reasonable rules as may be necessary for the effective implementation of this section. Amended by Act 2019, No. 315,§ 2923, eff. 7/24/2019. Acts 1993, No. 1058, § 1.

The Secretary of State shall have the authority to issue an Arkansas Ambassador's Certificate, which may be given to citizens of the State of Arkansas who will be traveling outside the state. The Secretary of State may adopt such reasonable rules as may be necessary for the effective implementation of this section.

Amended by Act 2019, No. 315,§ 2923, eff. 7/24/2019.

Acts 1993, No. 1058, § 1.
Ark. Code Ann. § 25-8-104 — AR Code / Title 25 / Chapter 8 / Section 25-8-104
Director of Division of Budgets and Accounting
Status: in_force

The Director of the Division of Budgets and Accounting shall be the Deputy Director of the Department of Finance and Administration. He or she shall have all functions, powers, and duties granted under § 19-1-203 and all other laws pertaining to his or her office and any other functions, powers, and duties which are assigned and delegated to him or her by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 3566, eff. 7/1/2019. Acts 1967, No. 468, § 4; A.S.A. 1947, § 5-804.

The Director of the Division of Budgets and Accounting shall be the Deputy Director of the Department of Finance and Administration. He or she shall have all functions, powers, and duties granted under § 19-1-203 and all other laws pertaining to his or her office and any other functions, powers, and duties which are assigned and delegated to him or her by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 3566, eff. 7/1/2019.

Acts 1967, No. 468, § 4; A.S.A. 1947, § 5-804.
Ark. Code Ann. § 25-16-204 — AR Code / Title 25 / Chapter 16 / Subchapter 2 / Section 25-16-204
Appointment of commissioners in other states
Status: in_force

(a) The Governor may nominate, appoint, and commission, under the Great Seal of Arkansas, or may continue in office one (1) or more commissioners within any other state or territory of the United States. The commissioners shall serve at the pleasure of the Governor then in office and shall have power to administer oaths and affirmations and to take depositions, affidavits, and the proof and acknowledgment of deeds or other instruments of writing, under seal, to be used or recorded in this state. (b) All oaths administered by the commissioners, all affidavits and depositions taken by them, and all acknowledgments, etc., certified by them shall be as effectual in law, to all intents and purposes, as if done and certified by any justice of the peace or other authorized officer within this state. (c) Before any commissioner shall proceed to discharge any of the duties of his or her appointment, he or she shall take and subscribe an oath before some justice of the peace, or other officer authorized to administer oaths in the state for which the commissioner is appointed, that he or she will well and faithfully discharge all the duties of his or her appointment. The oath, together with the signature and an impression of the seal of the commissioner, shall be filed in the office of the Secretary of State within six (6) months after its taking. Acts 1846, §§ 1-3, p. 72; C. & M. Dig., §§ 1424-1426; Pope's Dig., §§ 1671-1673; A.S.A. 1947, §§ 12-1501 -- 12-1503.

(a) The Governor may nominate, appoint, and commission, under the Great Seal of Arkansas, or may continue in office one (1) or more commissioners within any other state or territory of the United States. The commissioners shall serve at the pleasure of the Governor then in office and shall have power to administer oaths and affirmations and to take depositions, affidavits, and the proof and acknowledgment of deeds or other instruments of writing, under seal, to be used or recorded in this state.

(b) All oaths administered by the commissioners, all affidavits and depositions taken by them, and all acknowledgments, etc., certified by them shall be as effectual in law, to all intents and purposes, as if done and certified by any justice of the peace or other authorized officer within this state.

(c) Before any commissioner shall proceed to discharge any of the duties of his or her appointment, he or she shall take and subscribe an oath before some justice of the peace, or other officer authorized to administer oaths in the state for which the commissioner is appointed, that he or she will well and faithfully discharge all the duties of his or her appointment. The oath, together with the signature and an impression of the seal of the commissioner, shall be filed in the office of the Secretary of State within six (6) months after its taking.

Acts 1846, §§ 1-3, p. 72; C. & M. Dig., §§ 1424-1426; Pope's Dig., §§ 1671-1673; A.S.A. 1947, §§ 12-1501 -- 12-1503.
Ark. Code Ann. § 25-20-321 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-321
Annual report and audit
Status: in_force

(a) Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year. (b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the public body's revenues and expenses performed by an independent certified public accountant. Amended by Act 2017, No. 711,§ 12, eff. 3/27/2017. Acts 2001, No. 982, § 1.

(a) Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year.

(b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the public body's revenues and expenses performed by an independent certified public accountant.

Amended by Act 2017, No. 711,§ 12, eff. 3/27/2017.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-17-202 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-202
Powers and duties
Status: in_force

The boards created in § 25-17-201 are charged with the management and control of the respective institutions of the State of Arkansas. Acts 1943, No. 1, § 3; A.S.A. 1947, § 7-202.

The boards created in § 25-17-201 are charged with the management and control of the respective institutions of the State of Arkansas.

Acts 1943, No. 1, § 3; A.S.A. 1947, § 7-202.
Ark. Code Ann. § 25-1-404 — AR Code / Title 25 / Chapter 1 / Subchapter 4 / Section 25-1-404
Duties of Department of Finance and Administration
Status: in_force

(a) The Department of Finance and Administration shall: (1) Establish standards and criteria for each state agency to report financial expenditures; (2) Develop and maintain a database of financial information as set forth in this subchapter; and (3) Develop a website presenting expenditure data for each state agency that shall: (A) Report expenditure data in a common format; (B) Include expenditures of state government, whether held in the State Treasury or commercial bank accounts; (C) Allow searches of financial data in common format; and (D) (i) Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year. (ii) The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data. (b) Revenue shall be reported at the state agency level by: (1) The source of funding, including without limitation donations and gifts; (2) General ledger codes as defined by rule of the department; and (3) Year to date. (c) A state agency shall report information on expenditures by: (1) Budget classification; (2) General ledger code as defined by rule of the department; (3) Year to date; and (4) Vendor. (d) A state agency shall report information on compensation of state employees by: (1) Agency; (2) Employee name; (3) Title; (4) Position number; and (5) Annual salary. (e) A state agency shall report information on bonded indebtedness by the: (1) Original obligation amount or principal; (2) Original interest rate; (3) Statutory authority for the debt; (4) Issuance date and description, including without limitation whether the current issuance is an original issue or a reissue of indebtedness; (5) Term of the obligation; (6) Source of funding for repayment; and (7) Remaining principal. (f) Information regarding payments to city and county governments shall be provided in a manner prescribed by rule of the department. (g) A state agency shall report information on contracts by the: (1) Date of contract; (2) Vendor; (3) Estimated total contract value; and (4) Type of contract, whether professional services, commodities, capital outlay, or other type of contract. (h) The department may promulgate rules to implement this section, including without limitation rules concerning the reporting of additional information under this section. Acts 2011, No. 303, § 1.

(a) The Department of Finance and Administration shall: (1) Establish standards and criteria for each state agency to report financial expenditures; (2) Develop and maintain a database of financial information as set forth in this subchapter; and (3) Develop a website presenting expenditure data for each state agency that shall: (A) Report expenditure data in a common format; (B) Include expenditures of state government, whether held in the State Treasury or commercial bank accounts; (C) Allow searches of financial data in common format; and (D) (i) Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year. (ii) The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.

(1) Establish standards and criteria for each state agency to report financial expenditures;

(2) Develop and maintain a database of financial information as set forth in this subchapter; and

(3) Develop a website presenting expenditure data for each state agency that shall: (A) Report expenditure data in a common format; (B) Include expenditures of state government, whether held in the State Treasury or commercial bank accounts; (C) Allow searches of financial data in common format; and (D) (i) Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year. (ii) The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.

(A) Report expenditure data in a common format;

(B) Include expenditures of state government, whether held in the State Treasury or commercial bank accounts;

(C) Allow searches of financial data in common format; and

(D) (i) Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year. (ii) The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.

(i) Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year.

(ii) The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.

(b) Revenue shall be reported at the state agency level by: (1) The source of funding, including without limitation donations and gifts; (2) General ledger codes as defined by rule of the department; and (3) Year to date.

(1) The source of funding, including without limitation donations and gifts;

(2) General ledger codes as defined by rule of the department; and

(3) Year to date.

(c) A state agency shall report information on expenditures by: (1) Budget classification; (2) General ledger code as defined by rule of the department; (3) Year to date; and (4) Vendor.

(1) Budget classification;

(2) General ledger code as defined by rule of the department;

(3) Year to date; and

(4) Vendor.

(d) A state agency shall report information on compensation of state employees by: (1) Agency; (2) Employee name; (3) Title; (4) Position number; and (5) Annual salary.

(1) Agency;

(2) Employee name;

(3) Title;

(4) Position number; and

(5) Annual salary.

(e) A state agency shall report information on bonded indebtedness by the: (1) Original obligation amount or principal; (2) Original interest rate; (3) Statutory authority for the debt; (4) Issuance date and description, including without limitation whether the current issuance is an original issue or a reissue of indebtedness; (5) Term of the obligation; (6) Source of funding for repayment; and (7) Remaining principal.

(1) Original obligation amount or principal;

(2) Original interest rate;

(3) Statutory authority for the debt;

(4) Issuance date and description, including without limitation whether the current issuance is an original issue or a reissue of indebtedness;

(5) Term of the obligation;

(6) Source of funding for repayment; and

(7) Remaining principal.

(f) Information regarding payments to city and county governments shall be provided in a manner prescribed by rule of the department.

(g) A state agency shall report information on contracts by the: (1) Date of contract; (2) Vendor; (3) Estimated total contract value; and (4) Type of contract, whether professional services, commodities, capital outlay, or other type of contract.

(1) Date of contract;

(2) Vendor;

(3) Estimated total contract value; and

(4) Type of contract, whether professional services, commodities, capital outlay, or other type of contract.

(h) The department may promulgate rules to implement this section, including without limitation rules concerning the reporting of additional information under this section.

Acts 2011, No. 303, § 1.
Ark. Code Ann. § 25-4-127 — AR Code / Title 25 / Chapter 4 / Section 25-4-127
Data and Transparency Panel - Creation - Duties
Status: in_force

(a) The Data and Transparency Panel is created within the Department of Transformation and Shared Services. (b) The panel shall consist of the following members: (1) (A) Three (3) appointees from the private sector who shall be appointed as follows: (i) One (1) appointee shall be appointed by the Governor; (ii) One (1) appointee shall be appointed by the Speaker of the House of Representatives; and (iii) One (1) appointee shall be appointed by the President Pro Tempore of the Senate. (B) Each appointee shall serve at the pleasure of his or her appointer. (C) The appointer of an appointee who vacates his or her position on the panel shall fill the vacancy as required under this section; (2) The Attorney General or his or her designee; (3) The secretaries, directors, or their designees, of the following entities: (A) The Department of Public Safety; (B) The Department of Inspector General; (C) The Department of Education; (D) The Department of Energy and Environment; (E) The Department of Corrections; (F) The Department of Parks, Heritage, and Tourism; (G) The Department of Finance and Administration; (H) The Department of Health; (I) The Department of Agriculture; (J) The Department of Human Services; (K) The Department of Transformation and Shared Services; (L) The Department of Labor and Licensing; (M) The Department of Veteran Affairs; (N) The Department of the Military; and (O) The Department of Commerce; (4) (A) The Chief Data Officer of the Division of Information Systems. (B) The Chief Data Officer of the Division of Information Systems shall be the Chair of the Data and Transparency Panel. (C) The members of the panel shall select a vice chair annually; (5) The Chief Privacy Officer of the Division of Information Systems; and (6) The Chief Justice of the Supreme Court or his or her designee. (c) The panel shall: (1) Evaluate and identify data to be included in the statewide data warehouse program; (2) Determine and recommend procedures necessary for the implementation of a statewide data warehouse program; (3) Oversee a statewide data warehouse program implemented in this state; (4) Evaluate and identify data that may be provided to the public in accordance with data standards and specifications developed by the Division of Information Systems; (5) Engage other divisions, boards, and commissions by soliciting input on information sharing opportunities; (6) Provide annual reports to the Joint Committee on Advanced Communications and Information Technology; (7) Develop a unified longitudinal system that links existing siloed agency information for education and workforce outcomes to continuously conduct a business systems assessment to: (A) Help the leaders of this state and service providers develop an improved understanding of individual outcomes resulting from education and workforce pipelines in Arkansas; (B) Identify opportunities for improvement by using real-time information; and (C) Continuously align programs and resources to the evolving economy of this state; and (8) (A) Develop a shared services data hub for statewide data sharing in order to: (i) Drive innovation and facilitate efficiency across state agencies; (ii) Improve the delivery of services; and (iii) Better serve the residents of this state. (B) In implementation of the shared services data hub under subdivision (8)(A) of this section, the Division of Information Systems shall: (i) (a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data. (b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency; (ii) Establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following: (a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws; (b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information; (c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and (d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section; (iii) Establish privacy and quality policy for government information that complies with all applicable Arkansas and federal laws, rules, and policies; (iv) According to standards developed by the state security office, establish and maintain a program to ensure the security of government information under this section; and (v) Establish a public portal that will provide Arkansans with easy access to data. (d) (1) The panel shall meet at least quarterly in each calendar year at a time and place determined by the panel. (2) Special meetings may be called at the discretion of the chair. (e) Nine (9) members of the panel shall constitute a quorum to transact the business of the panel. Amended by Act 2023, No. 634,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 742,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 742,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 742,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 936,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 936,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 147,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6299, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6298, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6297, eff. 7/1/2019. Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.

(a) The Data and Transparency Panel is created within the Department of Transformation and Shared Services.

(b) The panel shall consist of the following members: (1) (A) Three (3) appointees from the private sector who shall be appointed as follows: (i) One (1) appointee shall be appointed by the Governor; (ii) One (1) appointee shall be appointed by the Speaker of the House of Representatives; and (iii) One (1) appointee shall be appointed by the President Pro Tempore of the Senate. (B) Each appointee shall serve at the pleasure of his or her appointer. (C) The appointer of an appointee who vacates his or her position on the panel shall fill the vacancy as required under this section; (2) The Attorney General or his or her designee; (3) The secretaries, directors, or their designees, of the following entities: (A) The Department of Public Safety; (B) The Department of Inspector General; (C) The Department of Education; (D) The Department of Energy and Environment; (E) The Department of Corrections; (F) The Department of Parks, Heritage, and Tourism; (G) The Department of Finance and Administration; (H) The Department of Health; (I) The Department of Agriculture; (J) The Department of Human Services; (K) The Department of Transformation and Shared Services; (L) The Department of Labor and Licensing; (M) The Department of Veteran Affairs; (N) The Department of the Military; and (O) The Department of Commerce; (4) (A) The Chief Data Officer of the Division of Information Systems. (B) The Chief Data Officer of the Division of Information Systems shall be the Chair of the Data and Transparency Panel. (C) The members of the panel shall select a vice chair annually; (5) The Chief Privacy Officer of the Division of Information Systems; and (6) The Chief Justice of the Supreme Court or his or her designee.

(1) (A) Three (3) appointees from the private sector who shall be appointed as follows: (i) One (1) appointee shall be appointed by the Governor; (ii) One (1) appointee shall be appointed by the Speaker of the House of Representatives; and (iii) One (1) appointee shall be appointed by the President Pro Tempore of the Senate. (B) Each appointee shall serve at the pleasure of his or her appointer. (C) The appointer of an appointee who vacates his or her position on the panel shall fill the vacancy as required under this section;

(A) Three (3) appointees from the private sector who shall be appointed as follows: (i) One (1) appointee shall be appointed by the Governor; (ii) One (1) appointee shall be appointed by the Speaker of the House of Representatives; and (iii) One (1) appointee shall be appointed by the President Pro Tempore of the Senate.

(i) One (1) appointee shall be appointed by the Governor;

(ii) One (1) appointee shall be appointed by the Speaker of the House of Representatives; and

(iii) One (1) appointee shall be appointed by the President Pro Tempore of the Senate.

(B) Each appointee shall serve at the pleasure of his or her appointer.

(C) The appointer of an appointee who vacates his or her position on the panel shall fill the vacancy as required under this section;

(2) The Attorney General or his or her designee;

(3) The secretaries, directors, or their designees, of the following entities: (A) The Department of Public Safety; (B) The Department of Inspector General; (C) The Department of Education; (D) The Department of Energy and Environment; (E) The Department of Corrections; (F) The Department of Parks, Heritage, and Tourism; (G) The Department of Finance and Administration; (H) The Department of Health; (I) The Department of Agriculture; (J) The Department of Human Services; (K) The Department of Transformation and Shared Services; (L) The Department of Labor and Licensing; (M) The Department of Veteran Affairs; (N) The Department of the Military; and (O) The Department of Commerce;

(A) The Department of Public Safety;

(B) The Department of Inspector General;

(C) The Department of Education;

(D) The Department of Energy and Environment;

(E) The Department of Corrections;

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

(G) The Department of Finance and Administration;

(H) The Department of Health;

(I) The Department of Agriculture;

(J) The Department of Human Services;

(K) The Department of Transformation and Shared Services;

(L) The Department of Labor and Licensing;

(M) The Department of Veteran Affairs;

(N) The Department of the Military; and

(O) The Department of Commerce;

(4) (A) The Chief Data Officer of the Division of Information Systems. (B) The Chief Data Officer of the Division of Information Systems shall be the Chair of the Data and Transparency Panel. (C) The members of the panel shall select a vice chair annually;

(A) The Chief Data Officer of the Division of Information Systems.

(B) The Chief Data Officer of the Division of Information Systems shall be the Chair of the Data and Transparency Panel.

(C) The members of the panel shall select a vice chair annually;

(5) The Chief Privacy Officer of the Division of Information Systems; and

(6) The Chief Justice of the Supreme Court or his or her designee.

(c) The panel shall: (1) Evaluate and identify data to be included in the statewide data warehouse program; (2) Determine and recommend procedures necessary for the implementation of a statewide data warehouse program; (3) Oversee a statewide data warehouse program implemented in this state; (4) Evaluate and identify data that may be provided to the public in accordance with data standards and specifications developed by the Division of Information Systems; (5) Engage other divisions, boards, and commissions by soliciting input on information sharing opportunities; (6) Provide annual reports to the Joint Committee on Advanced Communications and Information Technology; (7) Develop a unified longitudinal system that links existing siloed agency information for education and workforce outcomes to continuously conduct a business systems assessment to: (A) Help the leaders of this state and service providers develop an improved understanding of individual outcomes resulting from education and workforce pipelines in Arkansas; (B) Identify opportunities for improvement by using real-time information; and (C) Continuously align programs and resources to the evolving economy of this state; and (8) (A) Develop a shared services data hub for statewide data sharing in order to: (i) Drive innovation and facilitate efficiency across state agencies; (ii) Improve the delivery of services; and (iii) Better serve the residents of this state. (B) In implementation of the shared services data hub under subdivision (8)(A) of this section, the Division of Information Systems shall: (i) (a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data. (b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency; (ii) Establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following: (a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws; (b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information; (c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and (d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section; (iii) Establish privacy and quality policy for government information that complies with all applicable Arkansas and federal laws, rules, and policies; (iv) According to standards developed by the state security office, establish and maintain a program to ensure the security of government information under this section; and (v) Establish a public portal that will provide Arkansans with easy access to data.

(1) Evaluate and identify data to be included in the statewide data warehouse program;

(2) Determine and recommend procedures necessary for the implementation of a statewide data warehouse program;

(3) Oversee a statewide data warehouse program implemented in this state;

(4) Evaluate and identify data that may be provided to the public in accordance with data standards and specifications developed by the Division of Information Systems;

(5) Engage other divisions, boards, and commissions by soliciting input on information sharing opportunities;

(6) Provide annual reports to the Joint Committee on Advanced Communications and Information Technology;

(7) Develop a unified longitudinal system that links existing siloed agency information for education and workforce outcomes to continuously conduct a business systems assessment to: (A) Help the leaders of this state and service providers develop an improved understanding of individual outcomes resulting from education and workforce pipelines in Arkansas; (B) Identify opportunities for improvement by using real-time information; and (C) Continuously align programs and resources to the evolving economy of this state; and

(A) Help the leaders of this state and service providers develop an improved understanding of individual outcomes resulting from education and workforce pipelines in Arkansas;

(B) Identify opportunities for improvement by using real-time information; and

(C) Continuously align programs and resources to the evolving economy of this state; and

(8) (A) Develop a shared services data hub for statewide data sharing in order to: (i) Drive innovation and facilitate efficiency across state agencies; (ii) Improve the delivery of services; and (iii) Better serve the residents of this state. (B) In implementation of the shared services data hub under subdivision (8)(A) of this section, the Division of Information Systems shall: (i) (a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data. (b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency; (ii) Establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following: (a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws; (b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information; (c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and (d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section; (iii) Establish privacy and quality policy for government information that complies with all applicable Arkansas and federal laws, rules, and policies; (iv) According to standards developed by the state security office, establish and maintain a program to ensure the security of government information under this section; and (v) Establish a public portal that will provide Arkansans with easy access to data.

(A) Develop a shared services data hub for statewide data sharing in order to: (i) Drive innovation and facilitate efficiency across state agencies; (ii) Improve the delivery of services; and (iii) Better serve the residents of this state.

(i) Drive innovation and facilitate efficiency across state agencies;

(ii) Improve the delivery of services; and

(iii) Better serve the residents of this state.

(B) In implementation of the shared services data hub under subdivision (8)(A) of this section, the Division of Information Systems shall: (i) (a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data. (b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency; (ii) Establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following: (a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws; (b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information; (c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and (d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section; (iii) Establish privacy and quality policy for government information that complies with all applicable Arkansas and federal laws, rules, and policies; (iv) According to standards developed by the state security office, establish and maintain a program to ensure the security of government information under this section; and (v) Establish a public portal that will provide Arkansans with easy access to data.

(i) (a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data. (b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency;

(a) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the executive state agency sharing the data.

(b) In carrying out the program under subdivision (8)(B)(i) (a) of this section, the Division of Information Systems may obtain government information from each executive state agency;

(ii) Establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following: (a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws; (b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information; (c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and (d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section;

(a) (1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter. (2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws;

(1) A program established and maintained under this section shall include a policy governing access to government information held by the Division of Information Systems under this chapter.

(2) Government information may be made available only if doing so does not violate state or federal confidentiality and disclosure laws;

(b) (1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications. (2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information;

(1) The Division of Information Systems is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information unless: (A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or (B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications.

(A) The Division of Information Systems or executive state agencies are specifically excluded as an authorized receiver; or

(B) An authorized receiver of government information is specifically enumerated under the statutory or administrative law governing the government information without stated exceptions or qualifications.

(2) Interagency data sharing under this section does not constitute a disclosure or release under any statutory or administrative law that governs the government information;

(c) (1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section. (2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and

(1) A program established and maintained under this section shall prescribe a form to be used to memorialize the sharing of data under this section.

(2) The form required under subdivision (8)(B)(ii) (c)(1) of this section shall be signed by the administrative head of the executive state agency so long as the form does not require the sharing of state agency information that would be in contradiction of existing state or federal law; and

(d) (1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data. (2) Additional documentation is not required to share data under this section;

(1) A data sharing form completed and signed under subdivision (8)(B)(ii) (c)(1) of this section constitutes the agreement required by any statutory or administrative law that governs the data.

(2) Additional documentation is not required to share data under this section;

(iii) Establish privacy and quality policy for government information that complies with all applicable Arkansas and federal laws, rules, and policies;

(iv) According to standards developed by the state security office, establish and maintain a program to ensure the security of government information under this section; and

(v) Establish a public portal that will provide Arkansans with easy access to data.

(d) (1) The panel shall meet at least quarterly in each calendar year at a time and place determined by the panel. (2) Special meetings may be called at the discretion of the chair.

(1) The panel shall meet at least quarterly in each calendar year at a time and place determined by the panel.

(2) Special meetings may be called at the discretion of the chair.

(e) Nine (9) members of the panel shall constitute a quorum to transact the business of the panel.

Amended by Act 2023, No. 634,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 742,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 742,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 742,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 936,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 936,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 147,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6299, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6298, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6297, eff. 7/1/2019.

Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-10-118 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-118
Child support enforcement program - Reports
Status: in_force

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall file a semiannual report with the Legislative Council concerning performance and progress made in administering the Child Support Enforcement Program approved under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq. Acts 1989 (1st Ex. Sess.), No. 44, § 12; 1995, No. 1184, § 35.

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall file a semiannual report with the Legislative Council concerning performance and progress made in administering the Child Support Enforcement Program approved under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.

Acts 1989 (1st Ex. Sess.), No. 44, § 12; 1995, No. 1184, § 35.
Ark. Code Ann. § 25-17-205 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-205
Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf - Deaf and blind members - Parents or guardians as members
Status: in_force

(a) There shall be at all times one (1) member of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf who is a deaf person who fluently utilizes deaf sign language. (b) The second vacancy arising on the board shall be filled by the appointment of a person who is legally blind. (c) (1) The Governor shall appoint one (1) person who is the parent of a blind student and one (1) person who is the parent of a deaf student to serve as advisory nonvoting members of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf. (2) The term of office of the advisory members shall be the same as the term of office of the other members of the board. Any vacancy arising in an advisory position shall be filled in the same manner as those of other vacancies arising in the membership of the board. (3) A state employee who is a parent or a legal guardian of a student at the Arkansas School for the Blind or the Arkansas School for the Deaf shall be eligible to serve as a regular or advisory member of the board. Acts 1979, No. 497, § 1; A.S.A. 1947, § 7-203.1; Acts 1991, No. 795, § 1; 1993, No. 450, § 1.

(a) There shall be at all times one (1) member of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf who is a deaf person who fluently utilizes deaf sign language.

(b) The second vacancy arising on the board shall be filled by the appointment of a person who is legally blind.

(c) (1) The Governor shall appoint one (1) person who is the parent of a blind student and one (1) person who is the parent of a deaf student to serve as advisory nonvoting members of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf. (2) The term of office of the advisory members shall be the same as the term of office of the other members of the board. Any vacancy arising in an advisory position shall be filled in the same manner as those of other vacancies arising in the membership of the board. (3) A state employee who is a parent or a legal guardian of a student at the Arkansas School for the Blind or the Arkansas School for the Deaf shall be eligible to serve as a regular or advisory member of the board.

(1) The Governor shall appoint one (1) person who is the parent of a blind student and one (1) person who is the parent of a deaf student to serve as advisory nonvoting members of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf.

(2) The term of office of the advisory members shall be the same as the term of office of the other members of the board. Any vacancy arising in an advisory position shall be filled in the same manner as those of other vacancies arising in the membership of the board.

(3) A state employee who is a parent or a legal guardian of a student at the Arkansas School for the Blind or the Arkansas School for the Deaf shall be eligible to serve as a regular or advisory member of the board.

Acts 1979, No. 497, § 1; A.S.A. 1947, § 7-203.1; Acts 1991, No. 795, § 1; 1993, No. 450, § 1.
Ark. Code Ann. § 25-15-208 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-208
Administrative adjudication - Procedures generally
Status: in_force

(a) In every case of adjudication: (1) All parties shall be afforded an opportunity for hearing after reasonable notice; (2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (C) A short and plain statement of the matters of fact and law asserted; (3) In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication: (A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same; (C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same; (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents; (4) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved; (5) The record shall include: (A) All pleadings, motions, and intermediate rulings; (B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (C) A statement of matters officially noticed; (D) Offers of proof, objections, and rulings thereon; (E) Proposed findings and exceptions thereto; and (F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case; (6) Findings of fact shall be based exclusively on the evidence and on matters officially noticed; (7) (A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof. (B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. (b) Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default. Acts 1967, No. 434, § 8; A.S.A. 1947, § 5-708; Acts 1993, No. 1083, § 1; 2011, No. 717, § 1.

(a) In every case of adjudication: (1) All parties shall be afforded an opportunity for hearing after reasonable notice; (2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (C) A short and plain statement of the matters of fact and law asserted; (3) In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication: (A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same; (C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same; (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents; (4) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved; (5) The record shall include: (A) All pleadings, motions, and intermediate rulings; (B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (C) A statement of matters officially noticed; (D) Offers of proof, objections, and rulings thereon; (E) Proposed findings and exceptions thereto; and (F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case; (6) Findings of fact shall be based exclusively on the evidence and on matters officially noticed; (7) (A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof. (B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee.

(1) All parties shall be afforded an opportunity for hearing after reasonable notice;

(2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (C) A short and plain statement of the matters of fact and law asserted;

(A) A statement of the time, place, and nature of the hearing;

(B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and

(C) A short and plain statement of the matters of fact and law asserted;

(3) In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication: (A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same; (C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same; (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents;

(A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing;

(B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same;

(C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same;

(D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same;

(E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents;

(4) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved;

(5) The record shall include: (A) All pleadings, motions, and intermediate rulings; (B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (C) A statement of matters officially noticed; (D) Offers of proof, objections, and rulings thereon; (E) Proposed findings and exceptions thereto; and (F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case;

(A) All pleadings, motions, and intermediate rulings;

(B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;

(C) A statement of matters officially noticed;

(D) Offers of proof, objections, and rulings thereon;

(E) Proposed findings and exceptions thereto; and

(F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case;

(6) Findings of fact shall be based exclusively on the evidence and on matters officially noticed;

(7) (A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof. (B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee.

(A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof.

(B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee.

(b) Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default.

Acts 1967, No. 434, § 8; A.S.A. 1947, § 5-708; Acts 1993, No. 1083, § 1; 2011, No. 717, § 1.
Ark. Code Ann. § 25-1-119 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-119
Services and studies concerning mortality disparities - Definition
Status: in_force

(a) (1) As used in this section, "Arkansas red counties" means those counties in which Arkansans who were born and are living have a life expectancy rate six (6) to ten (10) times less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy. (2) "Arkansas red counties" includes on July 27, 2011: (A) Arkansas; (B) Chicot; (C) Crittenden; (D) Cross; (E) Dallas; (F) Desha; (G) Fulton; (H) Jackson; (I) Jefferson; (J) Mississippi; (K) Monroe; (L) Ouachita; (M) Perry; (N) Phillips; (O) Poinsett; (P) St. Francis; (Q) Sevier; (R) Union; and (S) Woodruff. (b) The General Assembly finds: (1) It is unacceptable for Arkansans born and living in one part of the state to have a life expectancy rate six to ten (6-10) years less than Arkansans born and living in another part of the state; (2) Complex factors operating at the levels of individuals, interpersonal networks, organizations, or communities influence disparities in health and healthcare; and (3) Health and healthcare disparities not only are unacceptable, but also have human, economic, social, and developmental costs that affect all residents of the nation and the State of Arkansas. (c) (1) Each state agency, board, and commission that receives state dollars or tobacco settlement funds intended to improve the quality of health in Arkansas is encouraged to provide its programs, services, and research in Arkansas red counties. (2) Identified agencies, boards, and commissions whose scope of services encompasses the Arkansas red counties include without limitation, the: (A) Arkansas Center for Health Improvement; (B) Division of Environmental Quality; (C) Department of Health; (D) Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences; (E) Area Agencies on Aging; (F) Arkansas Biosciences Institute; (G) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (H) Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences. (3) (A) The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year. (B) The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that: (i) Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years; (ii) Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and (iii) Provides recommendations toward improving health and healthcare in Arkansas red counties. (d) The following entities shall work together to identify the red counties most in need of help with mortality disparities and shall make that data available to the public: (1) The Arkansas Center for Health Improvement; (2) The Arkansas Minority Health Commission; (3) The Division of Environmental Quality; (4) The Department of Health; and (5) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences. Amended by Act 2019, No. 910,§ 3246, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3245, eff. 7/1/2019. Acts 2011, No. 790, § 1.

(a) (1) As used in this section, "Arkansas red counties" means those counties in which Arkansans who were born and are living have a life expectancy rate six (6) to ten (10) times less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy. (2) "Arkansas red counties" includes on July 27, 2011: (A) Arkansas; (B) Chicot; (C) Crittenden; (D) Cross; (E) Dallas; (F) Desha; (G) Fulton; (H) Jackson; (I) Jefferson; (J) Mississippi; (K) Monroe; (L) Ouachita; (M) Perry; (N) Phillips; (O) Poinsett; (P) St. Francis; (Q) Sevier; (R) Union; and (S) Woodruff.

(1) As used in this section, "Arkansas red counties" means those counties in which Arkansans who were born and are living have a life expectancy rate six (6) to ten (10) times less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy.

(2) "Arkansas red counties" includes on July 27, 2011: (A) Arkansas; (B) Chicot; (C) Crittenden; (D) Cross; (E) Dallas; (F) Desha; (G) Fulton; (H) Jackson; (I) Jefferson; (J) Mississippi; (K) Monroe; (L) Ouachita; (M) Perry; (N) Phillips; (O) Poinsett; (P) St. Francis; (Q) Sevier; (R) Union; and (S) Woodruff.

(A) Arkansas;

(B) Chicot;

(C) Crittenden;

(D) Cross;

(E) Dallas;

(F) Desha;

(G) Fulton;

(H) Jackson;

(I) Jefferson;

(J) Mississippi;

(K) Monroe;

(L) Ouachita;

(M) Perry;

(N) Phillips;

(O) Poinsett;

(P) St. Francis;

(Q) Sevier;

(R) Union; and

(S) Woodruff.

(b) The General Assembly finds: (1) It is unacceptable for Arkansans born and living in one part of the state to have a life expectancy rate six to ten (6-10) years less than Arkansans born and living in another part of the state; (2) Complex factors operating at the levels of individuals, interpersonal networks, organizations, or communities influence disparities in health and healthcare; and (3) Health and healthcare disparities not only are unacceptable, but also have human, economic, social, and developmental costs that affect all residents of the nation and the State of Arkansas.

(1) It is unacceptable for Arkansans born and living in one part of the state to have a life expectancy rate six to ten (6-10) years less than Arkansans born and living in another part of the state;

(2) Complex factors operating at the levels of individuals, interpersonal networks, organizations, or communities influence disparities in health and healthcare; and

(3) Health and healthcare disparities not only are unacceptable, but also have human, economic, social, and developmental costs that affect all residents of the nation and the State of Arkansas.

(c) (1) Each state agency, board, and commission that receives state dollars or tobacco settlement funds intended to improve the quality of health in Arkansas is encouraged to provide its programs, services, and research in Arkansas red counties. (2) Identified agencies, boards, and commissions whose scope of services encompasses the Arkansas red counties include without limitation, the: (A) Arkansas Center for Health Improvement; (B) Division of Environmental Quality; (C) Department of Health; (D) Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences; (E) Area Agencies on Aging; (F) Arkansas Biosciences Institute; (G) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (H) Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences. (3) (A) The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year. (B) The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that: (i) Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years; (ii) Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and (iii) Provides recommendations toward improving health and healthcare in Arkansas red counties.

(1) Each state agency, board, and commission that receives state dollars or tobacco settlement funds intended to improve the quality of health in Arkansas is encouraged to provide its programs, services, and research in Arkansas red counties.

(2) Identified agencies, boards, and commissions whose scope of services encompasses the Arkansas red counties include without limitation, the: (A) Arkansas Center for Health Improvement; (B) Division of Environmental Quality; (C) Department of Health; (D) Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences; (E) Area Agencies on Aging; (F) Arkansas Biosciences Institute; (G) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and (H) Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences.

(A) Arkansas Center for Health Improvement;

(B) Division of Environmental Quality;

(C) Department of Health;

(D) Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences;

(E) Area Agencies on Aging;

(F) Arkansas Biosciences Institute;

(G) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and

(H) Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences.

(3) (A) The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year. (B) The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that: (i) Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years; (ii) Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and (iii) Provides recommendations toward improving health and healthcare in Arkansas red counties.

(A) The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year.

(B) The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that: (i) Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years; (ii) Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and (iii) Provides recommendations toward improving health and healthcare in Arkansas red counties.

(i) Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years;

(ii) Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and

(iii) Provides recommendations toward improving health and healthcare in Arkansas red counties.

(d) The following entities shall work together to identify the red counties most in need of help with mortality disparities and shall make that data available to the public: (1) The Arkansas Center for Health Improvement; (2) The Arkansas Minority Health Commission; (3) The Division of Environmental Quality; (4) The Department of Health; and (5) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences.

(1) The Arkansas Center for Health Improvement;

(2) The Arkansas Minority Health Commission;

(3) The Division of Environmental Quality;

(4) The Department of Health; and

(5) Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences.

Amended by Act 2019, No. 910,§ 3246, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3245, eff. 7/1/2019.

Acts 2011, No. 790, § 1.
Ark. Code Ann. § 25-18-206 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-206
Digests, acts, and journals - Distribution
Status: in_force

(a) It shall be the Secretary of State's duty to distribute the acts and journals and all laws as are by law required to be distributed among the different counties of this state. (b) The Secretary of State shall issue his or her requisition for the acts in whatever quantities are necessary to make the distribution required by law. (c) (1) The Secretary of State shall reserve from sale copies of the acts of the General Assembly for free distribution of one (1) copy of each, as they are published and bound, to the following officers, only upon written request therefor within thirty (30) days following the date of adjournment sine die of any legislative session: (A) County judges; (B) County clerks; (C) Prosecuting attorneys; (D) District judges; (E) Circuit judges; (F) The Supreme Court Reporter; (G) Supreme Court Justices; (H) Court of Appeals Judges; (I) The Supreme Court Librarian; (J) The Attorney General; (K) Each state department; (L) Circuit clerks; (M) Sheriffs; (N) Tax collectors; (O) County treasurers; (P) Assessors; and (Q) Members of the General Assembly. (2) However, the Attorney General upon written request within the same time period shall be supplied with two (2) copies of each. (d) Members of the General Assembly shall be entitled to one (1) copy of the journal of the preceding session and of the session of which they are members. Acts 1849, § 2, p. 75; C. & M. Dig., § 4403; Acts 1921, No. 207, § 2; Pope's Dig., §§ 5418, 5434; Acts 1939, No. 162, § 1; 1951, No. 84, § 1; 1965, No. 405, § 1; 1973, No. 835, § 3; 1975, No. 831, § 3; A.S.A. 1947, §§ 14-415, 14-416, 14-416.1, 14-419; Acts 1995, No. 709, §§ 15, 16; 1995, No. 933, § 1; 1997, No. 976, §§ 16, 17; 2003, No. 1165, § 14[12]; 2003, No. 1185, § 266.

(a) It shall be the Secretary of State's duty to distribute the acts and journals and all laws as are by law required to be distributed among the different counties of this state.

(b) The Secretary of State shall issue his or her requisition for the acts in whatever quantities are necessary to make the distribution required by law.

(c) (1) The Secretary of State shall reserve from sale copies of the acts of the General Assembly for free distribution of one (1) copy of each, as they are published and bound, to the following officers, only upon written request therefor within thirty (30) days following the date of adjournment sine die of any legislative session: (A) County judges; (B) County clerks; (C) Prosecuting attorneys; (D) District judges; (E) Circuit judges; (F) The Supreme Court Reporter; (G) Supreme Court Justices; (H) Court of Appeals Judges; (I) The Supreme Court Librarian; (J) The Attorney General; (K) Each state department; (L) Circuit clerks; (M) Sheriffs; (N) Tax collectors; (O) County treasurers; (P) Assessors; and (Q) Members of the General Assembly. (2) However, the Attorney General upon written request within the same time period shall be supplied with two (2) copies of each.

(1) The Secretary of State shall reserve from sale copies of the acts of the General Assembly for free distribution of one (1) copy of each, as they are published and bound, to the following officers, only upon written request therefor within thirty (30) days following the date of adjournment sine die of any legislative session: (A) County judges; (B) County clerks; (C) Prosecuting attorneys; (D) District judges; (E) Circuit judges; (F) The Supreme Court Reporter; (G) Supreme Court Justices; (H) Court of Appeals Judges; (I) The Supreme Court Librarian; (J) The Attorney General; (K) Each state department; (L) Circuit clerks; (M) Sheriffs; (N) Tax collectors; (O) County treasurers; (P) Assessors; and (Q) Members of the General Assembly.

(A) County judges;

(B) County clerks;

(C) Prosecuting attorneys;

(D) District judges;

(E) Circuit judges;

(F) The Supreme Court Reporter;

(G) Supreme Court Justices;

(H) Court of Appeals Judges;

(I) The Supreme Court Librarian;

(J) The Attorney General;

(K) Each state department;

(L) Circuit clerks;

(M) Sheriffs;

(N) Tax collectors;

(O) County treasurers;

(P) Assessors; and

(Q) Members of the General Assembly.

(2) However, the Attorney General upon written request within the same time period shall be supplied with two (2) copies of each.

(d) Members of the General Assembly shall be entitled to one (1) copy of the journal of the preceding session and of the session of which they are members.

Acts 1849, § 2, p. 75; C. & M. Dig., § 4403; Acts 1921, No. 207, § 2; Pope's Dig., §§ 5418, 5434; Acts 1939, No. 162, § 1; 1951, No. 84, § 1; 1965, No. 405, § 1; 1973, No. 835, § 3; 1975, No. 831, § 3; A.S.A. 1947, §§ 14-415, 14-416, 14-416.1, 14-419; Acts 1995, No. 709, §§ 15, 16; 1995, No. 933, § 1; 1997, No. 976, §§ 16, 17; 2003, No. 1165, § 14[12]; 2003, No. 1185, § 266.
Ark. Code Ann. § 25-20-201 — AR Code / Title 25 / Chapter 20 / Subchapter 2 / Section 25-20-201
Creation
Status: in_force

(a) Any two (2) or more public agencies are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, operating, and maintaining a public library system. (b) The governing body of each public agency wishing to form a public body corporate and politic shall, by ordinance or resolution, or otherwise pursuant to law, of the governing body of each participating public agency: (1) Determine that it is in the best interest of the public agency in accomplishing the purposes of this subchapter to create a public body; (2) Set forth the names of the public agencies which are proposed to form the public body; (3) Specify any limitations on the exercise of the public body's powers; (4) Specify the number of directors of the public body, the number of directors required from each public agency, and the voting rights of each director, which number and voting rights may vary by agency and director; and (5) Approve the filing of an application with the Secretary of State to create the public body corporate and politic. (c) (1) An application to create a public body corporate and politic shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) Any limitations on the exercise of the public body's powers; (E) The number of directors of the public body; (F) The number of directors required from each public agency; and (G) The voting rights of each director. (2) The application shall be deemed signed and approved by each public agency by attaching thereto a certified copy of the ordinance, resolution, or other action of each participating public agency. (d) (1) The Secretary of State shall examine the application, and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body corporate and politic, absent fraud in the premises being established. (e) (1) Any application filed with the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time with the unanimous consent of the directors of the public body corporate and politic who are entitled to vote. (2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation. Acts 1995, No. 813, § 2.

(a) Any two (2) or more public agencies are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, operating, and maintaining a public library system.

(b) The governing body of each public agency wishing to form a public body corporate and politic shall, by ordinance or resolution, or otherwise pursuant to law, of the governing body of each participating public agency: (1) Determine that it is in the best interest of the public agency in accomplishing the purposes of this subchapter to create a public body; (2) Set forth the names of the public agencies which are proposed to form the public body; (3) Specify any limitations on the exercise of the public body's powers; (4) Specify the number of directors of the public body, the number of directors required from each public agency, and the voting rights of each director, which number and voting rights may vary by agency and director; and (5) Approve the filing of an application with the Secretary of State to create the public body corporate and politic.

(1) Determine that it is in the best interest of the public agency in accomplishing the purposes of this subchapter to create a public body;

(2) Set forth the names of the public agencies which are proposed to form the public body;

(3) Specify any limitations on the exercise of the public body's powers;

(4) Specify the number of directors of the public body, the number of directors required from each public agency, and the voting rights of each director, which number and voting rights may vary by agency and director; and

(5) Approve the filing of an application with the Secretary of State to create the public body corporate and politic.

(c) (1) An application to create a public body corporate and politic shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) Any limitations on the exercise of the public body's powers; (E) The number of directors of the public body; (F) The number of directors required from each public agency; and (G) The voting rights of each director. (2) The application shall be deemed signed and approved by each public agency by attaching thereto a certified copy of the ordinance, resolution, or other action of each participating public agency.

(1) An application to create a public body corporate and politic shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) Any limitations on the exercise of the public body's powers; (E) The number of directors of the public body; (F) The number of directors required from each public agency; and (G) The voting rights of each director.

(A) A request that a public body corporate and politic be created under this subchapter;

(B) The proposed name for the public body;

(C) The names of the participating public agencies;

(D) Any limitations on the exercise of the public body's powers;

(E) The number of directors of the public body;

(F) The number of directors required from each public agency; and

(G) The voting rights of each director.

(2) The application shall be deemed signed and approved by each public agency by attaching thereto a certified copy of the ordinance, resolution, or other action of each participating public agency.

(d) (1) The Secretary of State shall examine the application, and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body corporate and politic, absent fraud in the premises being established.

(1) The Secretary of State shall examine the application, and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office.

(A) Receive and file the application;

(B) Record it in an appropriate book of record in his or her office;

(C) Make and issue a certificate of incorporation under the seal of the state setting forth the names of the participating public agencies; and

(D) Record the certificate in an appropriate book of record in his or her office.

(2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body corporate and politic, absent fraud in the premises being established.

(e) (1) Any application filed with the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time with the unanimous consent of the directors of the public body corporate and politic who are entitled to vote. (2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(1) Any application filed with the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time with the unanimous consent of the directors of the public body corporate and politic who are entitled to vote.

(2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation.

Acts 1995, No. 813, § 2.
Ark. Code Ann. § 25-18-222 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-222
References to deaf people
Status: in_force

The archaic terms "dumb" and "deaf-mute" that formerly related to deaf people shall be struck from all future state publications that in any way refer to the deaf. Acts 1979, No. 664, § 3; A.S.A. 1947, § 5-715.3.

The archaic terms "dumb" and "deaf-mute" that formerly related to deaf people shall be struck from all future state publications that in any way refer to the deaf.

Acts 1979, No. 664, § 3; A.S.A. 1947, § 5-715.3.
Ark. Code Ann. § 25-10-134 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-134
Community-based residential programs - Rules
Status: in_force

(a) (1) The Department of Human Services shall not contract for community-based residential programs within any municipalities to house unrelated juveniles who have been adjudicated delinquent for a sexual offense or serious violent offense, or convicted of a sexual offense or a serious violent offense, until a community-based program has complied with rules promulgated by the department as set out herein. (2) The purpose of these rules is to ensure public notice and public safety in the department's process of contracting for residential services for adjudicated or convicted juvenile sexual offenders or adjudicated or convicted serious violent offenders. (3) Provided further, the rules shall be developed by the department and members of a committee appointed by the Governor, to include representatives of the following: (A) The General Assembly; (B) Local elected officials; (C) Citizen representatives of local communities; (D) Prosecuting attorneys; (E) Judges of circuit court, juvenile division; (F) Community-based providers; (G) Law enforcement officers; and (H) At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders. (4) The rules shall include, but are not limited to, the following: (A) Definitions for the terms "sexual offense" and "sexual offender" and "serious violent offense" and "serious violent offender" for purposes of this section; (B) Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the rules; (C) Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior; (D) Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and (E) Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond. (b) (1) The department shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense, or convicted of a Class A felony or higher or sexual offense, until the following conditions have been met: (A) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and (B) (i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility. (iii) The notification requirement shall not apply to already existing facilities at already existing locations. (2) Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality. (3) In the event the department and the provider fail to provide satisfactory communication to the residents, as provided in this subsection, such facility may be declared a public nuisance by the municipality. (c) The department shall include the following requirements in all contracts with community providers who provide community transition homes for juveniles who have been adjudicated delinquent for a Class A felony criminal offense or higher, or convicted of a Class A felony or higher criminal offense, or are youthful felony sex offenders: (1) Prohibit the location of programs within one thousand feet (1,000') from the grounds of community centers, schools, or other facilities with a high concentration of youths; (2) Comply with all local zoning ordinances, including building codes; (3) Provide advance notice of the proposed program site to municipal and county police agencies; (4) Prohibit the participation in a community-based program to any individual who has re-offended within the past twelve (12) months; and (5) Maintain twenty-four-hour supervision of residents by provider staff. Amended by Act 2019, No. 315,§ 2917, eff. 7/24/2019. Acts 1995, No. 1198, §§ 100-102.

(a) (1) The Department of Human Services shall not contract for community-based residential programs within any municipalities to house unrelated juveniles who have been adjudicated delinquent for a sexual offense or serious violent offense, or convicted of a sexual offense or a serious violent offense, until a community-based program has complied with rules promulgated by the department as set out herein. (2) The purpose of these rules is to ensure public notice and public safety in the department's process of contracting for residential services for adjudicated or convicted juvenile sexual offenders or adjudicated or convicted serious violent offenders. (3) Provided further, the rules shall be developed by the department and members of a committee appointed by the Governor, to include representatives of the following: (A) The General Assembly; (B) Local elected officials; (C) Citizen representatives of local communities; (D) Prosecuting attorneys; (E) Judges of circuit court, juvenile division; (F) Community-based providers; (G) Law enforcement officers; and (H) At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders. (4) The rules shall include, but are not limited to, the following: (A) Definitions for the terms "sexual offense" and "sexual offender" and "serious violent offense" and "serious violent offender" for purposes of this section; (B) Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the rules; (C) Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior; (D) Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and (E) Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond.

(1) The Department of Human Services shall not contract for community-based residential programs within any municipalities to house unrelated juveniles who have been adjudicated delinquent for a sexual offense or serious violent offense, or convicted of a sexual offense or a serious violent offense, until a community-based program has complied with rules promulgated by the department as set out herein.

(2) The purpose of these rules is to ensure public notice and public safety in the department's process of contracting for residential services for adjudicated or convicted juvenile sexual offenders or adjudicated or convicted serious violent offenders.

(3) Provided further, the rules shall be developed by the department and members of a committee appointed by the Governor, to include representatives of the following: (A) The General Assembly; (B) Local elected officials; (C) Citizen representatives of local communities; (D) Prosecuting attorneys; (E) Judges of circuit court, juvenile division; (F) Community-based providers; (G) Law enforcement officers; and (H) At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders.

(A) The General Assembly;

(B) Local elected officials;

(C) Citizen representatives of local communities;

(D) Prosecuting attorneys;

(E) Judges of circuit court, juvenile division;

(F) Community-based providers;

(G) Law enforcement officers; and

(H) At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders.

(4) The rules shall include, but are not limited to, the following: (A) Definitions for the terms "sexual offense" and "sexual offender" and "serious violent offense" and "serious violent offender" for purposes of this section; (B) Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the rules; (C) Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior; (D) Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and (E) Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond.

(A) Definitions for the terms "sexual offense" and "sexual offender" and "serious violent offense" and "serious violent offender" for purposes of this section;

(B) Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the rules;

(C) Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior;

(D) Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and

(E) Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond.

(b) (1) The department shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense, or convicted of a Class A felony or higher or sexual offense, until the following conditions have been met: (A) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and (B) (i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility. (iii) The notification requirement shall not apply to already existing facilities at already existing locations. (2) Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality. (3) In the event the department and the provider fail to provide satisfactory communication to the residents, as provided in this subsection, such facility may be declared a public nuisance by the municipality.

(1) The department shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense, or convicted of a Class A felony or higher or sexual offense, until the following conditions have been met: (A) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and (B) (i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility. (iii) The notification requirement shall not apply to already existing facilities at already existing locations.

(A) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and

(B) (i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility. (iii) The notification requirement shall not apply to already existing facilities at already existing locations.

(i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.

(ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility.

(iii) The notification requirement shall not apply to already existing facilities at already existing locations.

(2) Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality.

(3) In the event the department and the provider fail to provide satisfactory communication to the residents, as provided in this subsection, such facility may be declared a public nuisance by the municipality.

(c) The department shall include the following requirements in all contracts with community providers who provide community transition homes for juveniles who have been adjudicated delinquent for a Class A felony criminal offense or higher, or convicted of a Class A felony or higher criminal offense, or are youthful felony sex offenders: (1) Prohibit the location of programs within one thousand feet (1,000') from the grounds of community centers, schools, or other facilities with a high concentration of youths; (2) Comply with all local zoning ordinances, including building codes; (3) Provide advance notice of the proposed program site to municipal and county police agencies; (4) Prohibit the participation in a community-based program to any individual who has re-offended within the past twelve (12) months; and (5) Maintain twenty-four-hour supervision of residents by provider staff.

(1) Prohibit the location of programs within one thousand feet (1,000') from the grounds of community centers, schools, or other facilities with a high concentration of youths;

(2) Comply with all local zoning ordinances, including building codes;

(3) Provide advance notice of the proposed program site to municipal and county police agencies;

(4) Prohibit the participation in a community-based program to any individual who has re-offended within the past twelve (12) months; and

(5) Maintain twenty-four-hour supervision of residents by provider staff.

Amended by Act 2019, No. 315,§ 2917, eff. 7/24/2019.

Acts 1995, No. 1198, §§ 100-102.
Ark. Code Ann. § 25-2-105 — AR Code / Title 25 / Chapter 2 / Section 25-2-105
Type 2 transfers
Status: in_force

(a) Under this act, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, are transferred to the principal department. (b) When any department, institution, or other agency, or part thereof, is transferred by a type 2 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred. (c) Following a type 2 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to that board or commission as such statutes may from time to time be amended. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.

(a) Under this act, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, are transferred to the principal department.

(b) When any department, institution, or other agency, or part thereof, is transferred by a type 2 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.

(c) Following a type 2 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to that board or commission as such statutes may from time to time be amended.

Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.
Ark. Code Ann. § 25-20-302 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-302
Creation
Status: in_force

(a) Any two (2) or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., for the purpose of consolidating their waterworks systems are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, owning, managing, operating, financing, improving, extending, acquiring, reconstructing, equipping, selling, leasing, contracting concerning, dealing in, disposing of, and maintaining the consolidated waterworks system. (b) The governing body of each public agency wishing to create a public body under this subchapter shall approve, by ordinance or resolution or otherwise pursuant to law, the filing of an application with the Secretary of State to create a public body under this subchapter and approve an interlocal agreement specifying the matters set forth in § 25-20-104 . Additionally, the interlocal agreement shall: (1) Specify any limitations on the exercise of the public body's powers, including such matters, if any, as to which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers; (2) Provide for such reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies may deem appropriate; (3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner. The voting rights may vary by commissioner; and (4) Set forth such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate. (c) (1) An application to create a public body under this subchapter shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate. (2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency. (d) (1) The Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established. (e) (1) Any certificate of incorporation issued by the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been duly amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing of the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation. Acts 2001, No. 982, § 1.

(a) Any two (2) or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., for the purpose of consolidating their waterworks systems are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, owning, managing, operating, financing, improving, extending, acquiring, reconstructing, equipping, selling, leasing, contracting concerning, dealing in, disposing of, and maintaining the consolidated waterworks system.

(b) The governing body of each public agency wishing to create a public body under this subchapter shall approve, by ordinance or resolution or otherwise pursuant to law, the filing of an application with the Secretary of State to create a public body under this subchapter and approve an interlocal agreement specifying the matters set forth in § 25-20-104 . Additionally, the interlocal agreement shall: (1) Specify any limitations on the exercise of the public body's powers, including such matters, if any, as to which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers; (2) Provide for such reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies may deem appropriate; (3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner. The voting rights may vary by commissioner; and (4) Set forth such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate.

(1) Specify any limitations on the exercise of the public body's powers, including such matters, if any, as to which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers;

(2) Provide for such reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies may deem appropriate;

(3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner. The voting rights may vary by commissioner; and

(4) Set forth such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate.

(c) (1) An application to create a public body under this subchapter shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate. (2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency.

(1) An application to create a public body under this subchapter shall then be prepared, setting forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate.

(A) A request that a public body corporate and politic be created under this subchapter;

(B) The proposed name for the public body;

(C) The names of the participating public agencies;

(D) The number of commissioners of the public body;

(E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter;

(F) The voting rights of each commissioner;

(G) Special procedures for amending the certificate of incorporation, if any; and

(H) Such other matters, not inconsistent with this subchapter, with respect to the creation and operation of the public body as the participating public agencies may deem necessary or appropriate.

(2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency.

(d) (1) The Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established.

(1) The Secretary of State shall examine the application and, if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office.

(A) Receive and file the application;

(B) Record it in an appropriate book of record in his or her office;

(C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and

(D) Record the certificate in an appropriate book of record in his or her office.

(2) A copy of the certificate of incorporation, certified by the Secretary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established.

(e) (1) Any certificate of incorporation issued by the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been duly amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing of the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(1) Any certificate of incorporation issued by the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote.

(2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been duly amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) Upon filing of the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been duly amended in accordance with the procedures of this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation.

(B) Upon filing of the amendment with the Secretary of State in the manner provided in this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-10-135 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-135
Youth services
Status: in_force

(a) The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met: (1) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; (2) (A) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (B) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and (3) The notification requirement shall not apply to already-existing facilities at already-existing locations. (b) (1) Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality. (2) In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality. Acts 1997, No. 1360, § 99.

(a) The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met: (1) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; (2) (A) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (B) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and (3) The notification requirement shall not apply to already-existing facilities at already-existing locations.

(1) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail;

(2) (A) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date. (B) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and

(A) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.

(B) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and

(3) The notification requirement shall not apply to already-existing facilities at already-existing locations.

(b) (1) Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality. (2) In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality.

(1) Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality.

(2) In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality.

Acts 1997, No. 1360, § 99.
Ark. Code Ann. § 25-43-1102 — AR Code / Title 25 / Chapter 43 / Subchapter 11 / Section 25-43-1102
State entities transferred to Department of Labor and Licensing
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Labor and Licensing by a cabinet-level department transfer: (1) [Repealed.] (2) The State Board of Appraisers, Abstracters, and Home Inspectors, created under § 17-14-201 ; (3) The Arkansas Fire Protection Licensing Board, created under § 20-22-606 ; (4) [Repealed.] (5) The Arkansas Manufactured Home Commission, created under § 20-25-105 ; (6) The Arkansas Mediation and Conciliation Service, formerly defined under § 11-2-203 ; (7) The Arkansas Motor Vehicle Commission, created under § 23-112-201 ; (8) The Arkansas Real Estate Commission, created under § 17-42-201 ; (9) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers, created under § 17-15-201 ; (10) The Arkansas State Board of Public Accountancy, created under § 17-12-201 ; (11) The Arkansas Towing and Recovery Board, created under § 27-50-1203 ; (12) The Auctioneer's Licensing Board, created under § 17-17-201 ; (13) The Board of Electrical Examiners of the State of Arkansas, created under § 17-28-201 ; (14) The Contractors Licensing Board, created under § 17-25-201 ; (15) The Department of Labor, created under § 11-2-106 [repealed], now to be known as the "Division of Labor"; (16) The Elevator Safety Board under § 20-24-105 ; (17) The HVACR Licensing Board, created under § 17-33-201 ; (18) The Pawnbroker Licensure Commission, created under § 17-56-201 [repealed]; (19) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, created under § 17-19-106 ; (20) The State Athletic Commission, created under § 17-22-201 ; (21) The State Board of Barber Examiners, created under § 17-20-201 ; (22) The State Board of Collection Agencies, created under § 17-24-201 ; (23) The State Board of Licensure for Professional Engineers and Professional Surveyors, created under § 17-30-201 ; (24) The State Board of Registration for Professional Geologists, created under § 17-32-201 ; and (25) The Workers' Compensation Commission, created under § 11-9-201 . (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Labor and Licensing under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Labor and Licensing under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Labor and Licensing under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Labor and Licensing in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 628,§ 71, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 70, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 69, eff. 7/1/2023. Added by Act 2019, No. 910,§ 5265, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Labor and Licensing by a cabinet-level department transfer: (1) [Repealed.] (2) The State Board of Appraisers, Abstracters, and Home Inspectors, created under § 17-14-201 ; (3) The Arkansas Fire Protection Licensing Board, created under § 20-22-606 ; (4) [Repealed.] (5) The Arkansas Manufactured Home Commission, created under § 20-25-105 ; (6) The Arkansas Mediation and Conciliation Service, formerly defined under § 11-2-203 ; (7) The Arkansas Motor Vehicle Commission, created under § 23-112-201 ; (8) The Arkansas Real Estate Commission, created under § 17-42-201 ; (9) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers, created under § 17-15-201 ; (10) The Arkansas State Board of Public Accountancy, created under § 17-12-201 ; (11) The Arkansas Towing and Recovery Board, created under § 27-50-1203 ; (12) The Auctioneer's Licensing Board, created under § 17-17-201 ; (13) The Board of Electrical Examiners of the State of Arkansas, created under § 17-28-201 ; (14) The Contractors Licensing Board, created under § 17-25-201 ; (15) The Department of Labor, created under § 11-2-106 [repealed], now to be known as the "Division of Labor"; (16) The Elevator Safety Board under § 20-24-105 ; (17) The HVACR Licensing Board, created under § 17-33-201 ; (18) The Pawnbroker Licensure Commission, created under § 17-56-201 [repealed]; (19) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, created under § 17-19-106 ; (20) The State Athletic Commission, created under § 17-22-201 ; (21) The State Board of Barber Examiners, created under § 17-20-201 ; (22) The State Board of Collection Agencies, created under § 17-24-201 ; (23) The State Board of Licensure for Professional Engineers and Professional Surveyors, created under § 17-30-201 ; (24) The State Board of Registration for Professional Geologists, created under § 17-32-201 ; and (25) The Workers' Compensation Commission, created under § 11-9-201 .

(1) [Repealed.]

(2) The State Board of Appraisers, Abstracters, and Home Inspectors, created under § 17-14-201 ;

(3) The Arkansas Fire Protection Licensing Board, created under § 20-22-606 ;

(4) [Repealed.]

(5) The Arkansas Manufactured Home Commission, created under § 20-25-105 ;

(6) The Arkansas Mediation and Conciliation Service, formerly defined under § 11-2-203 ;

(7) The Arkansas Motor Vehicle Commission, created under § 23-112-201 ;

(8) The Arkansas Real Estate Commission, created under § 17-42-201 ;

(9) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers, created under § 17-15-201 ;

(10) The Arkansas State Board of Public Accountancy, created under § 17-12-201 ;

(11) The Arkansas Towing and Recovery Board, created under § 27-50-1203 ;

(12) The Auctioneer's Licensing Board, created under § 17-17-201 ;

(13) The Board of Electrical Examiners of the State of Arkansas, created under § 17-28-201 ;

(14) The Contractors Licensing Board, created under § 17-25-201 ;

(15) The Department of Labor, created under § 11-2-106 [repealed], now to be known as the "Division of Labor";

(16) The Elevator Safety Board under § 20-24-105 ;

(17) The HVACR Licensing Board, created under § 17-33-201 ;

(18) The Pawnbroker Licensure Commission, created under § 17-56-201 [repealed];

(19) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, created under § 17-19-106 ;

(20) The State Athletic Commission, created under § 17-22-201 ;

(21) The State Board of Barber Examiners, created under § 17-20-201 ;

(22) The State Board of Collection Agencies, created under § 17-24-201 ;

(23) The State Board of Licensure for Professional Engineers and Professional Surveyors, created under § 17-30-201 ;

(24) The State Board of Registration for Professional Geologists, created under § 17-32-201 ; and

(25) The Workers' Compensation Commission, created under § 11-9-201 .

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

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

Amended by Act 2023, No. 628,§ 71, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 70, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 69, eff. 7/1/2023.

Added by Act 2019, No. 910,§ 5265, eff. 7/1/2019.