Ark. Code Ann. § 25-1-1001 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1001
Definitions
Status: in_force

As used in this subchapter: (1) "Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile; (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit; (3) "Direct holdings" means, with respect to a financial company, all securities of that financial company held directly by a state governmental entity in an account or fund in which a state governmental entity owns all shares or interests; (4) (A) "Discriminate" means a company's: (i) Refusal to engage in the trade of any goods or services with an entity based solely on its status as an energy, fossil fuel, firearms, or ammunition industry entity; or (ii) Termination of an existing business relationship with an entity based solely on the entity's status as an energy, fossil fuel, firearms, or ammunition industry entity. (B) "Discriminate" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients; (5) (A) "Discriminate against a firearm entity" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company engages in the production, sale, or manufacturing of firearms or ammunition. (B) "Discriminate against a firearm entity" does not include: (i) The established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; (ii) Actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients; or (iii) A company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (a) To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (b) For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's status as a firearm entity; (6) (A) "Discriminates against energy companies" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (i) Engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (ii) Does business with a company described by subdivision (6)(A)(i) of this section. (B) "Discriminates against energy companies" does not include actions by an investment adviser in accordance with the investment-related guidelines, policies, or preferences of its clients; (7) "Environmental, social justice, and other governance-related factors" means any nonpecuniary factors that a financial services provider uses to evaluate a company's policies including without limitation: (A) Environmental impact; and (B) Diversity and inclusion policies; (8) (A) "Financial services provider" means an entity regulated by the State Bank Department, State Securities Department, or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation: (i) A state or national bank or trust company; (ii) A state or federal savings and loan association; (iii) A state or federal credit union; (iv) A building and loan association; (v) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or (vi) An entity that provides money services under the Uniform Money Services Act, § 23-55-101 et seq. (B) "Financial services provider" includes any other entity that: (i) Holds and receives deposits, savings, and share accounts; (ii) Issues certificates of deposit; or (iii) Provides to its customers any deposit accounts in which the funds are subject to withdrawal by check, instrument, order, or electronic means to make third-party payments, including the provision of financial technology services; (9) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (10) "Firearm entity" means: (A) A firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; or (B) A corporation, unincorporated association, federation, business league, or business organization that: (i) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (ii) Has two (2) or more firearm entities, as described under subdivision (10)(A) of this section, as members; and (iii) Is exempt from federal income tax under Section 501(a) of the Internal Revenue Code as an organization described by Section 501(c) of the Internal Revenue Code; (11) (A) "Indirect holdings" means, with respect to a financial services provider, all securities of the financial services provider held in an account or fund, including a mutual fund, managed by one (1) or more persons not employed by a state governmental entity, in which the state governmental entity owns shares or interests together with other investors not subject to this subchapter. (B) "Indirect holdings" does not include any money invested under a plan described by Sections 401(a), 401(k), 403(b), or 457 of the Internal Revenue Code of 1986, as it existed on January 1, 2023; (12) "Public entity" means a state or local government entity, including a: (A) Department, division, agency, office, commission, board, or other government organization; (B) Political subdivision, including a city, county, municipality, town, or conservation district; and (C) Public school, school district, charter school, or public institution of higher education; and (13) (A) "Refuse to deal" means the practice of refusing or denying any interaction with a person. (B) "Refuse to deal" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile;

(2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit;

(3) "Direct holdings" means, with respect to a financial company, all securities of that financial company held directly by a state governmental entity in an account or fund in which a state governmental entity owns all shares or interests;

(4) (A) "Discriminate" means a company's: (i) Refusal to engage in the trade of any goods or services with an entity based solely on its status as an energy, fossil fuel, firearms, or ammunition industry entity; or (ii) Termination of an existing business relationship with an entity based solely on the entity's status as an energy, fossil fuel, firearms, or ammunition industry entity. (B) "Discriminate" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients;

(A) "Discriminate" means a company's: (i) Refusal to engage in the trade of any goods or services with an entity based solely on its status as an energy, fossil fuel, firearms, or ammunition industry entity; or (ii) Termination of an existing business relationship with an entity based solely on the entity's status as an energy, fossil fuel, firearms, or ammunition industry entity.

(i) Refusal to engage in the trade of any goods or services with an entity based solely on its status as an energy, fossil fuel, firearms, or ammunition industry entity; or

(ii) Termination of an existing business relationship with an entity based solely on the entity's status as an energy, fossil fuel, firearms, or ammunition industry entity.

(B) "Discriminate" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients;

(5) (A) "Discriminate against a firearm entity" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company engages in the production, sale, or manufacturing of firearms or ammunition. (B) "Discriminate against a firearm entity" does not include: (i) The established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; (ii) Actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients; or (iii) A company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (a) To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (b) For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's status as a firearm entity;

(A) "Discriminate against a firearm entity" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company engages in the production, sale, or manufacturing of firearms or ammunition.

(B) "Discriminate against a firearm entity" does not include: (i) The established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; (ii) Actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients; or (iii) A company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (a) To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (b) For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's status as a firearm entity;

(i) The established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories;

(ii) Actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients; or

(iii) A company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (a) To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (b) For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's status as a firearm entity;

(a) To comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or

(b) For any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's status as a firearm entity;

(6) (A) "Discriminates against energy companies" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (i) Engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (ii) Does business with a company described by subdivision (6)(A)(i) of this section. (B) "Discriminates against energy companies" does not include actions by an investment adviser in accordance with the investment-related guidelines, policies, or preferences of its clients;

(A) "Discriminates against energy companies" means, without ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (i) Engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (ii) Does business with a company described by subdivision (6)(A)(i) of this section.

(i) Engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or

(ii) Does business with a company described by subdivision (6)(A)(i) of this section.

(B) "Discriminates against energy companies" does not include actions by an investment adviser in accordance with the investment-related guidelines, policies, or preferences of its clients;

(7) "Environmental, social justice, and other governance-related factors" means any nonpecuniary factors that a financial services provider uses to evaluate a company's policies including without limitation: (A) Environmental impact; and (B) Diversity and inclusion policies;

(A) Environmental impact; and

(B) Diversity and inclusion policies;

(8) (A) "Financial services provider" means an entity regulated by the State Bank Department, State Securities Department, or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation: (i) A state or national bank or trust company; (ii) A state or federal savings and loan association; (iii) A state or federal credit union; (iv) A building and loan association; (v) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or (vi) An entity that provides money services under the Uniform Money Services Act, § 23-55-101 et seq. (B) "Financial services provider" includes any other entity that: (i) Holds and receives deposits, savings, and share accounts; (ii) Issues certificates of deposit; or (iii) Provides to its customers any deposit accounts in which the funds are subject to withdrawal by check, instrument, order, or electronic means to make third-party payments, including the provision of financial technology services;

(A) "Financial services provider" means an entity regulated by the State Bank Department, State Securities Department, or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation: (i) A state or national bank or trust company; (ii) A state or federal savings and loan association; (iii) A state or federal credit union; (iv) A building and loan association; (v) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or (vi) An entity that provides money services under the Uniform Money Services Act, § 23-55-101 et seq.

(i) A state or national bank or trust company;

(ii) A state or federal savings and loan association;

(iii) A state or federal credit union;

(iv) A building and loan association;

(v) A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, § 23-39-501 et seq.; or

(vi) An entity that provides money services under the Uniform Money Services Act, § 23-55-101 et seq.

(B) "Financial services provider" includes any other entity that: (i) Holds and receives deposits, savings, and share accounts; (ii) Issues certificates of deposit; or (iii) Provides to its customers any deposit accounts in which the funds are subject to withdrawal by check, instrument, order, or electronic means to make third-party payments, including the provision of financial technology services;

(i) Holds and receives deposits, savings, and share accounts;

(ii) Issues certificates of deposit; or

(iii) Provides to its customers any deposit accounts in which the funds are subject to withdrawal by check, instrument, order, or electronic means to make third-party payments, including the provision of financial technology services;

(9) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases;

(10) "Firearm entity" means: (A) A firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; or (B) A corporation, unincorporated association, federation, business league, or business organization that: (i) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (ii) Has two (2) or more firearm entities, as described under subdivision (10)(A) of this section, as members; and (iii) Is exempt from federal income tax under Section 501(a) of the Internal Revenue Code as an organization described by Section 501(c) of the Internal Revenue Code;

(A) A firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; or

(B) A corporation, unincorporated association, federation, business league, or business organization that: (i) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (ii) Has two (2) or more firearm entities, as described under subdivision (10)(A) of this section, as members; and (iii) Is exempt from federal income tax under Section 501(a) of the Internal Revenue Code as an organization described by Section 501(c) of the Internal Revenue Code;

(i) Is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual;

(ii) Has two (2) or more firearm entities, as described under subdivision (10)(A) of this section, as members; and

(iii) Is exempt from federal income tax under Section 501(a) of the Internal Revenue Code as an organization described by Section 501(c) of the Internal Revenue Code;

(11) (A) "Indirect holdings" means, with respect to a financial services provider, all securities of the financial services provider held in an account or fund, including a mutual fund, managed by one (1) or more persons not employed by a state governmental entity, in which the state governmental entity owns shares or interests together with other investors not subject to this subchapter. (B) "Indirect holdings" does not include any money invested under a plan described by Sections 401(a), 401(k), 403(b), or 457 of the Internal Revenue Code of 1986, as it existed on January 1, 2023;

(A) "Indirect holdings" means, with respect to a financial services provider, all securities of the financial services provider held in an account or fund, including a mutual fund, managed by one (1) or more persons not employed by a state governmental entity, in which the state governmental entity owns shares or interests together with other investors not subject to this subchapter.

(B) "Indirect holdings" does not include any money invested under a plan described by Sections 401(a), 401(k), 403(b), or 457 of the Internal Revenue Code of 1986, as it existed on January 1, 2023;

(12) "Public entity" means a state or local government entity, including a: (A) Department, division, agency, office, commission, board, or other government organization; (B) Political subdivision, including a city, county, municipality, town, or conservation district; and (C) Public school, school district, charter school, or public institution of higher education; and

(A) Department, division, agency, office, commission, board, or other government organization;

(B) Political subdivision, including a city, county, municipality, town, or conservation district; and

(C) Public school, school district, charter school, or public institution of higher education; and

(13) (A) "Refuse to deal" means the practice of refusing or denying any interaction with a person. (B) "Refuse to deal" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients.

(A) "Refuse to deal" means the practice of refusing or denying any interaction with a person.

(B) "Refuse to deal" does not include actions by an investment adviser according to the investment-related guidelines, policies, or preferences of its clients.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-10-106 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-106
Division heads and other personnel
Status: in_force

(a) (1) The Secretary of the Department of Human Services, with the advice and consent of the Governor, shall employ the heads of the various divisions of the Department of Human Services. (2) The heads of the respective offices, sections, or units of the department and all other personnel of the department shall be employed by and serve at the pleasure of the secretary. (b) (1) However, the directors of the various institutions and programs under the jurisdiction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services shall be named by the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services, with the concurrence of the secretary. (2) All personnel employed in the institutions under the management and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be named by the directors thereof, under the departmental rules related to personnel, and all personnel records of the institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be in conformance with the general personnel policies promulgated by the secretary for other employees of the department. (c) Nothing in this act shall be construed to reduce any rights which an employee of the department or the various divisions, offices, sections, or units thereof shall have under any civil service or merit system. Amended by Act 2019, No. 315,§ 2914, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5244, eff. 7/1/2019. Acts 1971, No. 38, §§ 5, 12; 1985, No. 348, §§ 5, 12; A.S.A. 1947, §§ 5-912, 5-912i.

(a) (1) The Secretary of the Department of Human Services, with the advice and consent of the Governor, shall employ the heads of the various divisions of the Department of Human Services. (2) The heads of the respective offices, sections, or units of the department and all other personnel of the department shall be employed by and serve at the pleasure of the secretary.

(1) The Secretary of the Department of Human Services, with the advice and consent of the Governor, shall employ the heads of the various divisions of the Department of Human Services.

(2) The heads of the respective offices, sections, or units of the department and all other personnel of the department shall be employed by and serve at the pleasure of the secretary.

(b) (1) However, the directors of the various institutions and programs under the jurisdiction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services shall be named by the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services, with the concurrence of the secretary. (2) All personnel employed in the institutions under the management and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be named by the directors thereof, under the departmental rules related to personnel, and all personnel records of the institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be in conformance with the general personnel policies promulgated by the secretary for other employees of the department.

(1) However, the directors of the various institutions and programs under the jurisdiction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services shall be named by the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services, with the concurrence of the secretary.

(2) All personnel employed in the institutions under the management and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be named by the directors thereof, under the departmental rules related to personnel, and all personnel records of the institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be in conformance with the general personnel policies promulgated by the secretary for other employees of the department.

(c) Nothing in this act shall be construed to reduce any rights which an employee of the department or the various divisions, offices, sections, or units thereof shall have under any civil service or merit system.

Amended by Act 2019, No. 315,§ 2914, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5244, eff. 7/1/2019.

Acts 1971, No. 38, §§ 5, 12; 1985, No. 348, §§ 5, 12; A.S.A. 1947, §§ 5-912, 5-912i.
Ark. Code Ann. § 25-1-122 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-122
Alternative or secondary address for state communications through the mail - Law enforcement officers
Status: in_force

(a) A person who is employed primarily as a law enforcement officer may elect to use an alternative or secondary address, such as a post office box, to receive all of his or her communications sent by a state agency through the mail. (b) The secondary or alternative address must be in the same county and, where practicable, same voting precinct as the law enforcement officer's primary place of residence. Added by Act 2013, No. 1514,§ 1, eff. 8/16/2013.

(a) A person who is employed primarily as a law enforcement officer may elect to use an alternative or secondary address, such as a post office box, to receive all of his or her communications sent by a state agency through the mail.

(b) The secondary or alternative address must be in the same county and, where practicable, same voting precinct as the law enforcement officer's primary place of residence.

Added by Act 2013, No. 1514,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 25-21-102 — AR Code / Title 25 / Chapter 21 / Section 25-21-102
Study of proposed federal legislation
Status: in_force

It shall also be the duty of the Attorney General to likewise cooperate with such other attorneys general in making studies and examinations of all now pending or hereafter proposed congressional legislation to determine whether the same may result in federal encroachments into the normal field of state legislation or state functions, or whether same is harmful or beneficial to the interests of the state or its citizens, and to advise the Senators and Representatives in writing of his opinion and views with respect thereto, together with his reasons therefor; and to suggest any amendments to any such pending or proposed legislation which the Attorney General deems appropriate or necessary to protect the interests of the state and its citizens. Acts 1943, No. 166, § 2; A.S.A. 1947, § 5-402.

It shall also be the duty of the Attorney General to likewise cooperate with such other attorneys general in making studies and examinations of all now pending or hereafter proposed congressional legislation to determine whether the same may result in federal encroachments into the normal field of state legislation or state functions, or whether same is harmful or beneficial to the interests of the state or its citizens, and to advise the Senators and Representatives in writing of his opinion and views with respect thereto, together with his reasons therefor; and to suggest any amendments to any such pending or proposed legislation which the Attorney General deems appropriate or necessary to protect the interests of the state and its citizens.

Acts 1943, No. 166, § 2; A.S.A. 1947, § 5-402.
Ark. Code Ann. § 25-32-116 — AR Code / Title 25 / Chapter 32 / Section 25-32-116
Transferable records
Status: in_force

(a) In this section, "transferable record" means an electronic record that: (1) would be a note under Chapter 3 of the Uniform Commercial Code or a document under Chapter 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a transferable record. (b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the person asserting control as: (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 4-1-201 of the Uniform Commercial Code, § 4-1-101 et seq., of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, § 4-1-101 et seq., including, if the applicable statutory requirements under § 4-3-302(a) , § 4-7-501 , or § 4-9-308 of the Uniform Commercial Code, § 4-1-101 et seq., are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection. (e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code, § 4-1-101 et seq. (f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record. Acts 2001, No. 905, § 16.

(a) In this section, "transferable record" means an electronic record that: (1) would be a note under Chapter 3 of the Uniform Commercial Code or a document under Chapter 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a transferable record.

(1) would be a note under Chapter 3 of the Uniform Commercial Code or a document under Chapter 7 of the Uniform Commercial Code if the electronic record were in writing; and

(2) the issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) the authoritative copy identifies the person asserting control as: (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

(2) the authoritative copy identifies the person asserting control as: (A) the person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(A) the person to which the transferable record was issued; or

(B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 4-1-201 of the Uniform Commercial Code, § 4-1-101 et seq., of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, § 4-1-101 et seq., including, if the applicable statutory requirements under § 4-3-302(a) , § 4-7-501 , or § 4-9-308 of the Uniform Commercial Code, § 4-1-101 et seq., are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code, § 4-1-101 et seq.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

Acts 2001, No. 905, § 16.
Ark. Code Ann. § 25-20-420 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-420
Use of revenue
Status: in_force

This subchapter does not modify the existing right of a governing body of a municipal electric utility to use available funds generated by its electric utility operations for other municipal purposes. Acts 2003, No. 366, § 1.

This subchapter does not modify the existing right of a governing body of a municipal electric utility to use available funds generated by its electric utility operations for other municipal purposes.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-20-207 — AR Code / Title 25 / Chapter 20 / Subchapter 2 / Section 25-20-207
Withdrawal
Status: in_force

(a) (1) If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interest of the public agency to withdraw from the public body and give notice thereof to all directors of the public body and to the mayor, county judge, president, chair, or other chief executive of the governing body of each of the other public agencies. (2) Each such governing body shall have ninety (90) days in which to determine, by ordinance or resolution, or otherwise pursuant to law, of the governing body, whether to dissolve the public body or continue without the withdrawing public agency. (b) The notice of withdrawal shall become effective upon the earlier of: (1) The date each public agency participating in the public body makes its determination, as provided in subsection (a) of this section; or (2) The expiration of ninety (90) days. Acts 1995, No. 813, § 2.

(a) (1) If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interest of the public agency to withdraw from the public body and give notice thereof to all directors of the public body and to the mayor, county judge, president, chair, or other chief executive of the governing body of each of the other public agencies. (2) Each such governing body shall have ninety (90) days in which to determine, by ordinance or resolution, or otherwise pursuant to law, of the governing body, whether to dissolve the public body or continue without the withdrawing public agency.

(1) If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interest of the public agency to withdraw from the public body and give notice thereof to all directors of the public body and to the mayor, county judge, president, chair, or other chief executive of the governing body of each of the other public agencies.

(2) Each such governing body shall have ninety (90) days in which to determine, by ordinance or resolution, or otherwise pursuant to law, of the governing body, whether to dissolve the public body or continue without the withdrawing public agency.

(b) The notice of withdrawal shall become effective upon the earlier of: (1) The date each public agency participating in the public body makes its determination, as provided in subsection (a) of this section; or (2) The expiration of ninety (90) days.

(1) The date each public agency participating in the public body makes its determination, as provided in subsection (a) of this section; or

(2) The expiration of ninety (90) days.

Acts 1995, No. 813, § 2.
Ark. Code Ann. § 25-19-106 — AR Code / Title 25 / Chapter 19 / Section 25-19-106
Open public meetings
Status: in_force

(a) Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings. (b) (1) The time and place of each regular meeting shall be furnished to anyone who requests the information. (2) In the event of emergency or special meetings, the person calling the meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the meeting is to be held and any news media located elsewhere that cover regular meetings of the governing body and that have requested to be so notified of emergency or special meetings of the time, place, and date of the meeting. Notification shall be made at least two (2) hours before the meeting takes place in order that the public shall have representatives at the meeting. (c) (1) (A) Except as provided under subdivision (c)(6) of this section, an executive session will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. (B) The specific purpose of the executive session shall be announced in public before going into executive session. (2) (A) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body, board, commission, or other public body holding the executive session. (B) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing board, commission, or other public body holding the executive session. (3) Executive sessions must never be called for the purpose of defeating the reason or the spirit of this chapter. (4) No resolution, ordinance, rule, contract, regulation, or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation, or motion. (5) (A) Boards and commissions of this state may meet in executive session for purposes of preparing examination materials and answers to examination materials that are administered to applicants for licensure from state agencies. (B) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure. (6) Subject to the provisions of subdivision (c)(4) of this section, a public agency may meet in executive session for the purpose of considering, evaluating, or discussing matters pertaining to public water system security or municipally owned utility system security as described in § 25-19-105(b)(18) . (7) An executive session held by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. is exempt from this section. (d) (1) All officially scheduled, special, and called open public meetings shall be recorded in a manner that allows for the capture of sound, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded. (2) A recording of an open public meeting shall be maintained by a public entity for a minimum of one (1) year from the date of the open public meeting. (3) The recording shall be maintained in a format that may be reproduced upon a request under this chapter. (4) Subdivisions (d)(1) and (2) of this section do not apply to: (A) Executive sessions; or (B) Volunteer fire departments. (5) Cities of the second class and incorporated towns are exempt from subdivisions (d)(1) and (2) of this section until July 1, 2020. (e) (1) If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., a public entity may assemble, gather, meet, and conduct an open public meeting through electronic means, including without limitation by: (A) Telephone; (B) Video conference; or (C) Video broadcast. (2) If an open public meeting is held under subdivision (e)(1) of this section: (A) The public may attend the open public meeting using electronic means; and (B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting. (3) Physical presence of the public or of an individual member of the public entity at the open public meeting is not required under this subsection. (4) The open public meeting shall be recorded in the format in which it is conducted, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded. (5) A public entity shall maintain the records of an open public meeting held under this subsection for a minimum of one (1) year from the date of the open public meeting. Amended by Act 2021, No. 56,§ 1, eff. 2/2/2021. Amended by Act 2020F, No. 2,§ 42, eff. 7/1/2020, expires on the date that the Governor determines that the emergency under Arkansas Code §§ 12-75-101 et seq, and § 20-7-110 in response to an outbreak of coronavirus disease 2019 (COVID-19) has ended, or if not, on 12/31/2020. Amended by Act 2019, No. 1028,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 713,§ 11, eff. 8/1/2017. Amended by Act 2015, No. 186,§ 4, eff. 2/24/2015. Amended by Act 2013, No. 235,§ 3, eff. 8/16/2013. Acts 1967, No. 93, § 5; 1975 (Extended Sess., 1976), No. 1201, § 1; 1985, No. 843, § 1; A.S.A. 1947, § 12-2805; reen. Acts 1987, No. 1001, § 1; 1999, No. 1589, § 1; 2001, No. 1259, § 2; 2003, No. 763, § 3; 2005, No. 259, § 3; 2007, No. 268, § 3; 2007, No. 998, § 3; 2009, No. 631, § 3; 2011, No. 99, § 3. See Act 2020F, No. 2, § 43.

(a) Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings.

(b) (1) The time and place of each regular meeting shall be furnished to anyone who requests the information. (2) In the event of emergency or special meetings, the person calling the meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the meeting is to be held and any news media located elsewhere that cover regular meetings of the governing body and that have requested to be so notified of emergency or special meetings of the time, place, and date of the meeting. Notification shall be made at least two (2) hours before the meeting takes place in order that the public shall have representatives at the meeting.

(1) The time and place of each regular meeting shall be furnished to anyone who requests the information.

(2) In the event of emergency or special meetings, the person calling the meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the meeting is to be held and any news media located elsewhere that cover regular meetings of the governing body and that have requested to be so notified of emergency or special meetings of the time, place, and date of the meeting. Notification shall be made at least two (2) hours before the meeting takes place in order that the public shall have representatives at the meeting.

(c) (1) (A) Except as provided under subdivision (c)(6) of this section, an executive session will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. (B) The specific purpose of the executive session shall be announced in public before going into executive session. (2) (A) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body, board, commission, or other public body holding the executive session. (B) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing board, commission, or other public body holding the executive session. (3) Executive sessions must never be called for the purpose of defeating the reason or the spirit of this chapter. (4) No resolution, ordinance, rule, contract, regulation, or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation, or motion. (5) (A) Boards and commissions of this state may meet in executive session for purposes of preparing examination materials and answers to examination materials that are administered to applicants for licensure from state agencies. (B) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure. (6) Subject to the provisions of subdivision (c)(4) of this section, a public agency may meet in executive session for the purpose of considering, evaluating, or discussing matters pertaining to public water system security or municipally owned utility system security as described in § 25-19-105(b)(18) . (7) An executive session held by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. is exempt from this section.

(1) (A) Except as provided under subdivision (c)(6) of this section, an executive session will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. (B) The specific purpose of the executive session shall be announced in public before going into executive session.

(A) Except as provided under subdivision (c)(6) of this section, an executive session will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.

(B) The specific purpose of the executive session shall be announced in public before going into executive session.

(2) (A) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body, board, commission, or other public body holding the executive session. (B) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing board, commission, or other public body holding the executive session.

(A) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body, board, commission, or other public body holding the executive session.

(B) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing board, commission, or other public body holding the executive session.

(3) Executive sessions must never be called for the purpose of defeating the reason or the spirit of this chapter.

(4) No resolution, ordinance, rule, contract, regulation, or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation, or motion.

(5) (A) Boards and commissions of this state may meet in executive session for purposes of preparing examination materials and answers to examination materials that are administered to applicants for licensure from state agencies. (B) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure.

(A) Boards and commissions of this state may meet in executive session for purposes of preparing examination materials and answers to examination materials that are administered to applicants for licensure from state agencies.

(B) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure.

(6) Subject to the provisions of subdivision (c)(4) of this section, a public agency may meet in executive session for the purpose of considering, evaluating, or discussing matters pertaining to public water system security or municipally owned utility system security as described in § 25-19-105(b)(18) .

(7) An executive session held by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. is exempt from this section.

(d) (1) All officially scheduled, special, and called open public meetings shall be recorded in a manner that allows for the capture of sound, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded. (2) A recording of an open public meeting shall be maintained by a public entity for a minimum of one (1) year from the date of the open public meeting. (3) The recording shall be maintained in a format that may be reproduced upon a request under this chapter. (4) Subdivisions (d)(1) and (2) of this section do not apply to: (A) Executive sessions; or (B) Volunteer fire departments. (5) Cities of the second class and incorporated towns are exempt from subdivisions (d)(1) and (2) of this section until July 1, 2020.

(1) All officially scheduled, special, and called open public meetings shall be recorded in a manner that allows for the capture of sound, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded.

(A) A sound-only recording;

(B) A video recording with sound and picture; or

(C) A digital or analog broadcast capable of being recorded.

(2) A recording of an open public meeting shall be maintained by a public entity for a minimum of one (1) year from the date of the open public meeting.

(3) The recording shall be maintained in a format that may be reproduced upon a request under this chapter.

(4) Subdivisions (d)(1) and (2) of this section do not apply to: (A) Executive sessions; or (B) Volunteer fire departments.

(A) Executive sessions; or

(B) Volunteer fire departments.

(5) Cities of the second class and incorporated towns are exempt from subdivisions (d)(1) and (2) of this section until July 1, 2020.

(e) (1) If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., a public entity may assemble, gather, meet, and conduct an open public meeting through electronic means, including without limitation by: (A) Telephone; (B) Video conference; or (C) Video broadcast. (2) If an open public meeting is held under subdivision (e)(1) of this section: (A) The public may attend the open public meeting using electronic means; and (B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting. (3) Physical presence of the public or of an individual member of the public entity at the open public meeting is not required under this subsection. (4) The open public meeting shall be recorded in the format in which it is conducted, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded. (5) A public entity shall maintain the records of an open public meeting held under this subsection for a minimum of one (1) year from the date of the open public meeting.

(1) If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., a public entity may assemble, gather, meet, and conduct an open public meeting through electronic means, including without limitation by: (A) Telephone; (B) Video conference; or (C) Video broadcast.

(A) Telephone;

(B) Video conference; or

(C) Video broadcast.

(2) If an open public meeting is held under subdivision (e)(1) of this section: (A) The public may attend the open public meeting using electronic means; and (B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting.

(A) The public may attend the open public meeting using electronic means; and

(B) Notice of the method the public may attend the open public meeting shall be published with the notice of the open public meeting.

(3) Physical presence of the public or of an individual member of the public entity at the open public meeting is not required under this subsection.

(4) The open public meeting shall be recorded in the format in which it is conducted, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded.

(A) A sound-only recording;

(B) A video recording with sound and picture; or

(C) A digital or analog broadcast capable of being recorded.

(5) A public entity shall maintain the records of an open public meeting held under this subsection for a minimum of one (1) year from the date of the open public meeting.

Amended by Act 2021, No. 56,§ 1, eff. 2/2/2021.

Amended by Act 2020F, No. 2,§ 42, eff. 7/1/2020, expires on the date that the Governor determines that the emergency under Arkansas Code §§ 12-75-101 et seq, and § 20-7-110 in response to an outbreak of coronavirus disease 2019 (COVID-19) has ended, or if not, on 12/31/2020.

Amended by Act 2019, No. 1028,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 713,§ 11, eff. 8/1/2017.

Amended by Act 2015, No. 186,§ 4, eff. 2/24/2015.

Amended by Act 2013, No. 235,§ 3, eff. 8/16/2013.

Acts 1967, No. 93, § 5; 1975 (Extended Sess., 1976), No. 1201, § 1; 1985, No. 843, § 1; A.S.A. 1947, § 12-2805; reen. Acts 1987, No. 1001, § 1; 1999, No. 1589, § 1; 2001, No. 1259, § 2; 2003, No. 763, § 3; 2005, No. 259, § 3; 2007, No. 268, § 3; 2007, No. 998, § 3; 2009, No. 631, § 3; 2011, No. 99, § 3.

See Act 2020F, No. 2, § 43.
Ark. Code Ann. § 25-4-123 — AR Code / Title 25 / Chapter 4 / Section 25-4-123
Information Technology Reserve Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the "Information Technology Reserve Fund". (b) This fund shall consist of those funds transferred from the Division of Information Systems Revolving Fund in an amount up to the authorized reserve for equipment acquisition as certified by the Chief Fiscal Officer of the State within thirty (30) days following the closing of each fiscal year, any loans which may be received from the Budget Stabilization Trust Fund, and any other moneys which may be provided by law, there to be used exclusively for major equipment acquisitions or improvements as set out in § 25-4-122 . Amended by Act 2019, No. 910,§ 6290, eff. 7/1/2019. Acts 1997, No. 914, § 21.

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

(b) This fund shall consist of those funds transferred from the Division of Information Systems Revolving Fund in an amount up to the authorized reserve for equipment acquisition as certified by the Chief Fiscal Officer of the State within thirty (30) days following the closing of each fiscal year, any loans which may be received from the Budget Stabilization Trust Fund, and any other moneys which may be provided by law, there to be used exclusively for major equipment acquisitions or improvements as set out in § 25-4-122 .

Amended by Act 2019, No. 910,§ 6290, eff. 7/1/2019.

Acts 1997, No. 914, § 21.
Ark. Code Ann. § 25-16-519 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-519
Warrants - Issuance of duplicates
Status: in_force

(a) (1) Whenever Auditor of State's warrants of the State of Arkansas issued to any person are lost or destroyed, the owner or person entitled to receive the contents of the lost or destroyed warrants shall be entitled to have them duplicated by the Auditor of State upon satisfactory proof or evidence to the Auditor of State that: (A) The warrants alleged to have been so lost or destroyed were actually issued to the person as alleged in the application to him or her; (B) The warrants have not been paid by the Treasurer of State; (C) The person making the application is legally authorized or entitled to receive the contents of the warrants; and (D) The warrants have been lost or destroyed. (2) The evidence must show how and in what manner the loss or destruction occurred, the date and number of the lost or destroyed warrants, and whether they bore interest or not. (b) The evidence required by subsection (a) of this section shall be duly sworn to and subscribed by the person entitled to receive the contents of the warrants, or some person for him or her. This person or the person acting for him or her shall also execute and file with the Auditor of State his or her bond to the State of Arkansas with good and sufficient security to be approved by the Auditor of State in a sum not less than double the amount of the warrants claimed to be lost. The bond shall be conditioned that he or she will save and keep harmless the State of Arkansas against any payment of the warrants which the state may thereafter be compelled to make to a bona fide holder of the warrants. (c) Upon compliance with the requirements of subsections (a) and (b) of this section, it shall be the duty of the Auditor of State to issue and deliver to the applicant, or his or her agent or attorney, a duplicate for the warrant so adjudged to have been lost or destroyed. The duplicate warrant and endorsement shall entitle the holder to receive from the Treasurer of State the amount specified in the duplicate warrant, in like manner as upon an original warrant. (d) The Auditor of State shall review the bonding procedures for the issuance of duplicate warrants and shall issue rules on the adequate bonding of all payees on duplicate warrants to preserve and protect the expenditure of state funds. (e) The bonding requirements shall not apply to a person who is acting in his or her capacity as an official officer or authorized representative of state or local government, including school districts, and when that person is covered under the provisions of the Self-Insured Fidelity Bond Program under § 21-2-701 et seq. Amended by Act 2019, No. 315,§ 2924, eff. 7/24/2019. Acts 1868, No. 35, §§ 1, 2, p. 113; 1875 (Adj. Sess.), No. 34, § 1, p. 37; C. & M. Dig., §§ 4474-4476; Pope's Dig., §§ 5510-5512; Acts 1953, No. 55, § 1; 1983, No. 697, § 2; A.S.A. 1947, §§ 12-530 -- 12-532; Acts 1989, No. 416, § 1.

(a) (1) Whenever Auditor of State's warrants of the State of Arkansas issued to any person are lost or destroyed, the owner or person entitled to receive the contents of the lost or destroyed warrants shall be entitled to have them duplicated by the Auditor of State upon satisfactory proof or evidence to the Auditor of State that: (A) The warrants alleged to have been so lost or destroyed were actually issued to the person as alleged in the application to him or her; (B) The warrants have not been paid by the Treasurer of State; (C) The person making the application is legally authorized or entitled to receive the contents of the warrants; and (D) The warrants have been lost or destroyed. (2) The evidence must show how and in what manner the loss or destruction occurred, the date and number of the lost or destroyed warrants, and whether they bore interest or not.

(1) Whenever Auditor of State's warrants of the State of Arkansas issued to any person are lost or destroyed, the owner or person entitled to receive the contents of the lost or destroyed warrants shall be entitled to have them duplicated by the Auditor of State upon satisfactory proof or evidence to the Auditor of State that: (A) The warrants alleged to have been so lost or destroyed were actually issued to the person as alleged in the application to him or her; (B) The warrants have not been paid by the Treasurer of State; (C) The person making the application is legally authorized or entitled to receive the contents of the warrants; and (D) The warrants have been lost or destroyed.

(A) The warrants alleged to have been so lost or destroyed were actually issued to the person as alleged in the application to him or her;

(B) The warrants have not been paid by the Treasurer of State;

(C) The person making the application is legally authorized or entitled to receive the contents of the warrants; and

(D) The warrants have been lost or destroyed.

(2) The evidence must show how and in what manner the loss or destruction occurred, the date and number of the lost or destroyed warrants, and whether they bore interest or not.

(b) The evidence required by subsection (a) of this section shall be duly sworn to and subscribed by the person entitled to receive the contents of the warrants, or some person for him or her. This person or the person acting for him or her shall also execute and file with the Auditor of State his or her bond to the State of Arkansas with good and sufficient security to be approved by the Auditor of State in a sum not less than double the amount of the warrants claimed to be lost. The bond shall be conditioned that he or she will save and keep harmless the State of Arkansas against any payment of the warrants which the state may thereafter be compelled to make to a bona fide holder of the warrants.

(c) Upon compliance with the requirements of subsections (a) and (b) of this section, it shall be the duty of the Auditor of State to issue and deliver to the applicant, or his or her agent or attorney, a duplicate for the warrant so adjudged to have been lost or destroyed. The duplicate warrant and endorsement shall entitle the holder to receive from the Treasurer of State the amount specified in the duplicate warrant, in like manner as upon an original warrant.

(d) The Auditor of State shall review the bonding procedures for the issuance of duplicate warrants and shall issue rules on the adequate bonding of all payees on duplicate warrants to preserve and protect the expenditure of state funds.

(e) The bonding requirements shall not apply to a person who is acting in his or her capacity as an official officer or authorized representative of state or local government, including school districts, and when that person is covered under the provisions of the Self-Insured Fidelity Bond Program under § 21-2-701 et seq.

Amended by Act 2019, No. 315,§ 2924, eff. 7/24/2019.

Acts 1868, No. 35, §§ 1, 2, p. 113; 1875 (Adj. Sess.), No. 34, § 1, p. 37; C. & M. Dig., §§ 4474-4476; Pope's Dig., §§ 5510-5512; Acts 1953, No. 55, § 1; 1983, No. 697, § 2; A.S.A. 1947, §§ 12-530 -- 12-532; Acts 1989, No. 416, § 1.
Ark. Code Ann. § 25-16-511 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-511
Recordkeeping requirements
Status: in_force

(a) The Auditor of State shall keep a letter book in which he or she shall copy all official letters which may be written by him or her. (b) (1) All accounts, vouchers, and documents settled by the Auditor of State shall be preserved in his or her office, and copies of these records, authenticated by the official seal, shall be given to any person interested who may require them. (2) However, the Auditor of State is authorized to destroy all vouchers and Treasurer of State's receipts on file in his or her office after the expiration of five (5) years from the date of their filing, provided that no vouchers of any department or institution shall be destroyed while any legislative investigation of the department or institution is in progress. (c) (1) The Auditor of State is authorized and directed to keep a register in his or her office of all checks which have been drawn upon state agency bank funds and approved for payment by the Secretary of the Department of Finance and Administration. (2) The secretary is directed to transmit to the Auditor of State all documents and information necessary to prepare this register. (3) The Auditor of State's register of bank fund checks and document files shall in all respects be equal to the records of state-appropriated funds required by law to be kept and maintained by the Auditor of State. Amended by Act 2019, No. 910,§ 3581, eff. 7/1/2019. Rev. Stat., ch. 18, §§ 15, 31; C. & M. Dig., §§ 4448, 4464; Acts 1921, No. 321, § 1; Pope's Dig., §§ 5483, 5499, 5501; Acts 1953, No. 334, §§ 1-3; A.S.A. 1947, §§ 12-510, 12-518, 12-519, 12-538 -- 12-540.

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

(b) (1) All accounts, vouchers, and documents settled by the Auditor of State shall be preserved in his or her office, and copies of these records, authenticated by the official seal, shall be given to any person interested who may require them. (2) However, the Auditor of State is authorized to destroy all vouchers and Treasurer of State's receipts on file in his or her office after the expiration of five (5) years from the date of their filing, provided that no vouchers of any department or institution shall be destroyed while any legislative investigation of the department or institution is in progress.

(1) All accounts, vouchers, and documents settled by the Auditor of State shall be preserved in his or her office, and copies of these records, authenticated by the official seal, shall be given to any person interested who may require them.

(2) However, the Auditor of State is authorized to destroy all vouchers and Treasurer of State's receipts on file in his or her office after the expiration of five (5) years from the date of their filing, provided that no vouchers of any department or institution shall be destroyed while any legislative investigation of the department or institution is in progress.

(c) (1) The Auditor of State is authorized and directed to keep a register in his or her office of all checks which have been drawn upon state agency bank funds and approved for payment by the Secretary of the Department of Finance and Administration. (2) The secretary is directed to transmit to the Auditor of State all documents and information necessary to prepare this register. (3) The Auditor of State's register of bank fund checks and document files shall in all respects be equal to the records of state-appropriated funds required by law to be kept and maintained by the Auditor of State.

(1) The Auditor of State is authorized and directed to keep a register in his or her office of all checks which have been drawn upon state agency bank funds and approved for payment by the Secretary of the Department of Finance and Administration.

(2) The secretary is directed to transmit to the Auditor of State all documents and information necessary to prepare this register.

(3) The Auditor of State's register of bank fund checks and document files shall in all respects be equal to the records of state-appropriated funds required by law to be kept and maintained by the Auditor of State.

Amended by Act 2019, No. 910,§ 3581, eff. 7/1/2019.

Rev. Stat., ch. 18, §§ 15, 31; C. & M. Dig., §§ 4448, 4464; Acts 1921, No. 321, § 1; Pope's Dig., §§ 5483, 5499, 5501; Acts 1953, No. 334, §§ 1-3; A.S.A. 1947, §§ 12-510, 12-518, 12-519, 12-538 -- 12-540.
Ark. Code Ann. § 25-29-108 — AR Code / Title 25 / Chapter 29 / Section 25-29-108
Articles of incorporation
Status: in_force

Within thirty (30) days after the first meeting of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, it shall cause articles of incorporation be filed with the Secretary of State. Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021. Acts 1997, No. 1080, § 8.

Within thirty (30) days after the first meeting of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, it shall cause articles of incorporation be filed with the Secretary of State.

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

Acts 1997, No. 1080, § 8.
Ark. Code Ann. § 25-20-405 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-405
Powers of authority
Status: in_force

Each authority created under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain offices as it may deem appropriate; (3) Execute and perform contracts; (4) Sue and be sued; (5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance with this subchapter and the interlocal agreement; (6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners shall deem appropriate; (7) Employ the services of professionals; (8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of compensation under the Workers' Compensation Law, § 11-9-101 et seq., and in compliance with the requirements of § 11-9-404(a)(2) , provided that deposit of an indemnity bond, letter of credit, or securities shall not be required; (9) Plan, purchase, receive, own, hold, improve, use, repair, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name; (10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds; (11) Borrow money on a secured or unsecured basis, and in connection therewith, issue bonds, promissory notes, or other evidence of indebtedness and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the authority; (12) Make payments to the governing body of the municipal electric utilities in such amounts as may be required or permitted by the authority's interlocal agreement and to any political subdivision in which an electric project is situated in such amounts as may be agreed to by the authority and the political subdivision; (13) Exercise other powers, privileges, and authorities as the participating municipal electric utilities shall have delegated to the authority by their interlocal agreement, subject to restrictions of applicable law; (14) Plan, construct, own, manage, operate, repair, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain electric projects, as specified in the interlocal agreement between the governing bodies of the municipal electric utilities forming an authority; (15) Fix, charge, collect, and, from time to time, change the rates for electricity and other goods and services provided by the authority, as specified in the interlocal agreement between the governing bodies of the municipal electric utilities forming an authority; and (16) To the extent not inconsistent with applicable law, have other and further powers relating to the ownership and operation of an electric project as are now by law given to the governing body of any municipal electric utility and do all other acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the authority by this subchapter. Acts 2003, No. 366, § 1.

Each authority created under this subchapter shall have the power to:

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

(2) Maintain offices as it may deem appropriate;

(3) Execute and perform contracts;

(4) Sue and be sued;

(5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance with this subchapter and the interlocal agreement;

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

(7) Employ the services of professionals;

(8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of compensation under the Workers' Compensation Law, § 11-9-101 et seq., and in compliance with the requirements of § 11-9-404(a)(2) , provided that deposit of an indemnity bond, letter of credit, or securities shall not be required;

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

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

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

(12) Make payments to the governing body of the municipal electric utilities in such amounts as may be required or permitted by the authority's interlocal agreement and to any political subdivision in which an electric project is situated in such amounts as may be agreed to by the authority and the political subdivision;

(13) Exercise other powers, privileges, and authorities as the participating municipal electric utilities shall have delegated to the authority by their interlocal agreement, subject to restrictions of applicable law;

(14) Plan, construct, own, manage, operate, repair, finance, improve, extend, acquire, reconstruct, equip, sell, lease, contract concerning, deal in, dispose of, and maintain electric projects, as specified in the interlocal agreement between the governing bodies of the municipal electric utilities forming an authority;

(15) Fix, charge, collect, and, from time to time, change the rates for electricity and other goods and services provided by the authority, as specified in the interlocal agreement between the governing bodies of the municipal electric utilities forming an authority; and

(16) To the extent not inconsistent with applicable law, have other and further powers relating to the ownership and operation of an electric project as are now by law given to the governing body of any municipal electric utility and do all other acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the authority by this subchapter.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-4-104 — AR Code / Title 25 / Chapter 4 / Section 25-4-104
Division of Information Systems
Status: in_force

(a) There is established within the Department of Transformation and Shared Services the Division of Information Systems. (b) (1) The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor. (2) The director shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services. (3) The director shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State. (c) The director, in consultation with the Secretary of the Department of Transformation and Shared Services, may establish divisions and the organizational structure deemed necessary and appropriate for the efficient performance of the duties imposed under the provisions of this chapter, provided the organizational structure of the division shall conform to the positions authorized and limitations provided therefor in the biennial appropriation of the division. (d) The director, in consultation with the Secretary of the Department of Transformation and Shared Services, shall appoint the deputy and division directors and the professional, technical, and clerical assistants and employees as necessary to perform the duties imposed by this chapter. All employees of the division shall be employed by the department and serve at the pleasure of the Secretary of the Department of Transformation and Shared Services. (e) The director shall report to the Secretary of the Department of Transformation and Shared Services any matters relating to abuses of this chapter. (f) The director shall recommend statutory changes to the Secretary of the Department of Transformation and Shared Services. Amended by Act 2019, No. 910,§ 6262, eff. 7/1/2019. Acts 1977, No. 884, § 3; A.S.A. 1947, § 5-1403; Acts 1997, No. 914, § 4; 2001, No. 1722, § 3; 2007, No. 751, § 12.

(a) There is established within the Department of Transformation and Shared Services the Division of Information Systems.

(b) (1) The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor. (2) The director shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services. (3) The director shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State.

(1) The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor.

(2) The director shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services.

(3) The director shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State.

(c) The director, in consultation with the Secretary of the Department of Transformation and Shared Services, may establish divisions and the organizational structure deemed necessary and appropriate for the efficient performance of the duties imposed under the provisions of this chapter, provided the organizational structure of the division shall conform to the positions authorized and limitations provided therefor in the biennial appropriation of the division.

(d) The director, in consultation with the Secretary of the Department of Transformation and Shared Services, shall appoint the deputy and division directors and the professional, technical, and clerical assistants and employees as necessary to perform the duties imposed by this chapter. All employees of the division shall be employed by the department and serve at the pleasure of the Secretary of the Department of Transformation and Shared Services.

(e) The director shall report to the Secretary of the Department of Transformation and Shared Services any matters relating to abuses of this chapter.

(f) The director shall recommend statutory changes to the Secretary of the Department of Transformation and Shared Services.

Amended by Act 2019, No. 910,§ 6262, eff. 7/1/2019.

Acts 1977, No. 884, § 3; A.S.A. 1947, § 5-1403; Acts 1997, No. 914, § 4; 2001, No. 1722, § 3; 2007, No. 751, § 12.
Ark. Code Ann. § 25-15-219 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-219
Publication on the Internet - Meeting dates
Status: in_force

(a) (1) Each agency shall publish on the Internet the date, time, and location of all of the agency's meetings and hearings that are open to the public. (2) The publication shall be made at www.arkansas.gov. (b) The agency shall publish the notice not less than three (3) days before the meeting or hearing is scheduled. (c) This section does not apply to emergency or special meetings that meet the requirements of § 25-19-106(b)(2) . Acts 2009, No. 1302, § 1.

(a) (1) Each agency shall publish on the Internet the date, time, and location of all of the agency's meetings and hearings that are open to the public. (2) The publication shall be made at www.arkansas.gov.

(1) Each agency shall publish on the Internet the date, time, and location of all of the agency's meetings and hearings that are open to the public.

(2) The publication shall be made at www.arkansas.gov.

(b) The agency shall publish the notice not less than three (3) days before the meeting or hearing is scheduled.

(c) This section does not apply to emergency or special meetings that meet the requirements of § 25-19-106(b)(2) .

Acts 2009, No. 1302, § 1.
Ark. Code Ann. § 25-37-101 — AR Code / Title 25 / Chapter 37 / Section 25-37-101
Definitions
Status: in_force

As used in this chapter: (1) "Biobased product" means a product determined by the United States Secretary of Agriculture to be a commercial or industrial product, other than food or feed, that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials, including plant, animal, and marine materials or forestry materials; (2) (A) "Biomass" means any organic material that is available on a renewable or recurring basis. (B) "Biomass" includes: (i) Agricultural crops; (ii) Trees grown for energy production; (iii) Wood waste and wood residues; (iv) Plants, including aquatic plants and grasses; (v) Residues; (vi) Fibers; (vii) Animal wastes and other waste materials; and (viii) Fats, oils, and greases, including recycled fats, oils, and greases. (C) "Biomass" does not include: (i) Paper that is commonly recycled; or (ii) Unsegregated solid waste; and (3) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds, including, but not limited to: (A) The constitutional departments of the state; (B) The elected constitutional offices of the state; (C) The General Assembly, including, but not limited to: (i) The Legislative Council; (ii) The Legislative Joint Auditing Committee; and (iii) Any supporting agencies and bureaus of the Legislative Council and the Legislative Joint Auditing Committee; (D) The Supreme Court; (E) The Court of Appeals; (F) The circuit courts; (G) The prosecuting attorneys; and (H) The Administrative Office of the Courts. Acts 2005, No. 542, § 1.

As used in this chapter:

(1) "Biobased product" means a product determined by the United States Secretary of Agriculture to be a commercial or industrial product, other than food or feed, that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials, including plant, animal, and marine materials or forestry materials;

(2) (A) "Biomass" means any organic material that is available on a renewable or recurring basis. (B) "Biomass" includes: (i) Agricultural crops; (ii) Trees grown for energy production; (iii) Wood waste and wood residues; (iv) Plants, including aquatic plants and grasses; (v) Residues; (vi) Fibers; (vii) Animal wastes and other waste materials; and (viii) Fats, oils, and greases, including recycled fats, oils, and greases. (C) "Biomass" does not include: (i) Paper that is commonly recycled; or (ii) Unsegregated solid waste; and

(A) "Biomass" means any organic material that is available on a renewable or recurring basis.

(B) "Biomass" includes: (i) Agricultural crops; (ii) Trees grown for energy production; (iii) Wood waste and wood residues; (iv) Plants, including aquatic plants and grasses; (v) Residues; (vi) Fibers; (vii) Animal wastes and other waste materials; and (viii) Fats, oils, and greases, including recycled fats, oils, and greases.

(i) Agricultural crops;

(ii) Trees grown for energy production;

(iii) Wood waste and wood residues;

(iv) Plants, including aquatic plants and grasses;

(v) Residues;

(vi) Fibers;

(vii) Animal wastes and other waste materials; and

(viii) Fats, oils, and greases, including recycled fats, oils, and greases.

(C) "Biomass" does not include: (i) Paper that is commonly recycled; or (ii) Unsegregated solid waste; and

(i) Paper that is commonly recycled; or

(ii) Unsegregated solid waste; and

(3) "State agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the state supported by appropriation of state or federal funds, including, but not limited to: (A) The constitutional departments of the state; (B) The elected constitutional offices of the state; (C) The General Assembly, including, but not limited to: (i) The Legislative Council; (ii) The Legislative Joint Auditing Committee; and (iii) Any supporting agencies and bureaus of the Legislative Council and the Legislative Joint Auditing Committee; (D) The Supreme Court; (E) The Court of Appeals; (F) The circuit courts; (G) The prosecuting attorneys; and (H) The Administrative Office of the Courts.

(A) The constitutional departments of the state;

(B) The elected constitutional offices of the state;

(C) The General Assembly, including, but not limited to: (i) The Legislative Council; (ii) The Legislative Joint Auditing Committee; and (iii) Any supporting agencies and bureaus of the Legislative Council and the Legislative Joint Auditing Committee;

(i) The Legislative Council;

(ii) The Legislative Joint Auditing Committee; and

(iii) Any supporting agencies and bureaus of the Legislative Council and the Legislative Joint Auditing Committee;

(D) The Supreme Court;

(E) The Court of Appeals;

(F) The circuit courts;

(G) The prosecuting attorneys; and

(H) The Administrative Office of the Courts.

Acts 2005, No. 542, § 1.
Ark. Code Ann. § 25-10-137 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-137
Private service contract performance evaluation requirement
Status: in_force

(a) All new contracts which privatize services and functions which had been performed by employees of the Division of Youth Services of the Department of Human Services shall include a performance evaluation provision that outlines a method for evaluating the service provided under the contract. The provision shall identify the goals and performance indicators of the contract and how the state agency intends to evaluate the service provided. (b) The department shall report to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs or appropriate subcommittees thereof at least annually regarding the performance evaluation of each contract. Acts 1999, No. 525, § 2.

(a) All new contracts which privatize services and functions which had been performed by employees of the Division of Youth Services of the Department of Human Services shall include a performance evaluation provision that outlines a method for evaluating the service provided under the contract. The provision shall identify the goals and performance indicators of the contract and how the state agency intends to evaluate the service provided.

(b) The department shall report to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs or appropriate subcommittees thereof at least annually regarding the performance evaluation of each contract.

Acts 1999, No. 525, § 2.
Ark. Code Ann. § 25-43-812 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-812
State Health Alliance for Records Exchange - Duties
Status: in_force

(a) The State Health Alliance for Records Exchange shall: (1) Serve as the official health information exchange for the State of Arkansas; (2) Be organized for the purpose of improving the health of Arkansans by: (A) Promoting efficient and effective communication among multiple healthcare providers, including without limitation hospitals, physicians, payers, employers, pharmacies, laboratories, and other healthcare entities; (B) Creating efficiencies in healthcare costs by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs; (C) Creating the ability to monitor community health status; and (D) Providing reliable information to healthcare consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and healthcare providers; (3) Until a nonprofit corporation operates the State Health Alliance for Records Exchange, the State Health Alliance for Records Exchange shall be established and operated by the Office of Health Information Technology with the advice of the Health Information Exchange Council, consisting of the following members appointed by the Secretary of the Department of Health: (A) The Office of Health Information Technology Coordinator; (B) A representative of the Department of Finance and Administration; (C) A representative of the Department of Human Services; (D) A representative of the Division of Information Systems; (E) A representative of the health insurance industry; (F) A representative of the Arkansas Foundation for Medical Care, Inc.; (G) A representative of the Arkansas Hospital Association, Inc.; (H) A representative of the Arkansas Medical Society, Inc.; (I) A representative of the Arkansas Minority Health Commission; (J) A representative of the Arkansas Nurses Association; (K) A representative of the Division of Science and Technology of the Arkansas Economic Development Commission; (L) A representative of the Arkansas Pharmacist's Association; (M) A representative of the business community; (N) A representative of the Community Health Centers of Arkansas, Inc.; (O) A representative of the University of Arkansas for Medical Sciences; (P) A representative of the Arkansas Health Care Association; and (Q) Two (2) healthcare consumers. (b) The Chair of the Health Information Exchange Council shall be elected by the members of the council. (c) (1) The members of the council shall serve three-year terms. (2) A member may be re-appointed to serve on the council. (3) In the event of a vacancy on the council, a person may be appointed to serve the remainder of the term. (d) (1) The State Health Alliance for Records Exchange is not a healthcare provider and is not subject to claims under § 16-114-201 et seq. (2) A person who participates in or subscribes to the services or information provided by the State Health Alliance for Records Exchange shall not be liable in any action for damages or cost of any nature that results solely from the person's use or failure to use the State Health Alliance for Records Exchange information or data that was imputed or retrieved under the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and regulations adopted under the act, state confidentiality laws and the rules of the State Health Alliance for Records Exchange as approved by the Office of Health Information Technology or the governing body of the nonprofit corporation. (3) A person shall not be subject to antitrust or unfair competition liability based on membership or participation in the State Health Alliance for Records Exchange, which provides an essential governmental function for the public health and safety and enjoys state sovereign immunity. (e) A person who provides information and data to the State Health Alliance for Records Exchange retains a property right in the information or data but grants to the other participants or subscribers a nonexclusive license to retrieve and use that information or data under the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and any amendments and regulations adopted under the act, state confidentiality laws, and the rules of the State Health Alliance for Records Exchange. (f) All processes or software developed, designed, or purchased by the State Health Alliance for Records Exchange shall remain the property of the State Health Alliance for Records Exchange subject to use by participants or subscribers under the rules of the State Health Alliance for Records Exchange. (g) Patient-specific protected health information shall be disclosed only in accordance with the patient's authorization or in compliance with state confidentiality laws and the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and regulations under the act. (h) Executive branch agencies, including state boards, commissions, nonprofit corporations, and institutions of higher education that implement, acquire, or upgrade health information technology systems shall use health information technology systems and products that meet minimum standards adopted by the State Health Alliance for Records Exchange. (i) All identified or deidentified health information contained in, stored in, submitted to, transferred by, or released from the State Health Alliance for Records Exchange is not disclosable under applicable state or federal law except to: (1) A healthcare provider; or (2) Other authorized person or entity as described by policies and rules promulgated by the State Board of Health or the State Health Alliance for Records Exchange. (j) (1) Upon the transfer to a nonprofit corporation, the State Health Alliance for Records Exchange shall be governed under the bylaws and incorporation documents of the nonprofit corporation. (2) The bylaws and incorporation documents of the nonprofit corporation shall further only the objectives and policies set forth in this section and §§ 25-43-809 - 25-43-811 . Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The State Health Alliance for Records Exchange shall: (1) Serve as the official health information exchange for the State of Arkansas; (2) Be organized for the purpose of improving the health of Arkansans by: (A) Promoting efficient and effective communication among multiple healthcare providers, including without limitation hospitals, physicians, payers, employers, pharmacies, laboratories, and other healthcare entities; (B) Creating efficiencies in healthcare costs by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs; (C) Creating the ability to monitor community health status; and (D) Providing reliable information to healthcare consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and healthcare providers; (3) Until a nonprofit corporation operates the State Health Alliance for Records Exchange, the State Health Alliance for Records Exchange shall be established and operated by the Office of Health Information Technology with the advice of the Health Information Exchange Council, consisting of the following members appointed by the Secretary of the Department of Health: (A) The Office of Health Information Technology Coordinator; (B) A representative of the Department of Finance and Administration; (C) A representative of the Department of Human Services; (D) A representative of the Division of Information Systems; (E) A representative of the health insurance industry; (F) A representative of the Arkansas Foundation for Medical Care, Inc.; (G) A representative of the Arkansas Hospital Association, Inc.; (H) A representative of the Arkansas Medical Society, Inc.; (I) A representative of the Arkansas Minority Health Commission; (J) A representative of the Arkansas Nurses Association; (K) A representative of the Division of Science and Technology of the Arkansas Economic Development Commission; (L) A representative of the Arkansas Pharmacist's Association; (M) A representative of the business community; (N) A representative of the Community Health Centers of Arkansas, Inc.; (O) A representative of the University of Arkansas for Medical Sciences; (P) A representative of the Arkansas Health Care Association; and (Q) Two (2) healthcare consumers.

(1) Serve as the official health information exchange for the State of Arkansas;

(2) Be organized for the purpose of improving the health of Arkansans by: (A) Promoting efficient and effective communication among multiple healthcare providers, including without limitation hospitals, physicians, payers, employers, pharmacies, laboratories, and other healthcare entities; (B) Creating efficiencies in healthcare costs by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs; (C) Creating the ability to monitor community health status; and (D) Providing reliable information to healthcare consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and healthcare providers;

(A) Promoting efficient and effective communication among multiple healthcare providers, including without limitation hospitals, physicians, payers, employers, pharmacies, laboratories, and other healthcare entities;

(B) Creating efficiencies in healthcare costs by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs;

(C) Creating the ability to monitor community health status; and

(D) Providing reliable information to healthcare consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and healthcare providers;

(3) Until a nonprofit corporation operates the State Health Alliance for Records Exchange, the State Health Alliance for Records Exchange shall be established and operated by the Office of Health Information Technology with the advice of the Health Information Exchange Council, consisting of the following members appointed by the Secretary of the Department of Health: (A) The Office of Health Information Technology Coordinator; (B) A representative of the Department of Finance and Administration; (C) A representative of the Department of Human Services; (D) A representative of the Division of Information Systems; (E) A representative of the health insurance industry; (F) A representative of the Arkansas Foundation for Medical Care, Inc.; (G) A representative of the Arkansas Hospital Association, Inc.; (H) A representative of the Arkansas Medical Society, Inc.; (I) A representative of the Arkansas Minority Health Commission; (J) A representative of the Arkansas Nurses Association; (K) A representative of the Division of Science and Technology of the Arkansas Economic Development Commission; (L) A representative of the Arkansas Pharmacist's Association; (M) A representative of the business community; (N) A representative of the Community Health Centers of Arkansas, Inc.; (O) A representative of the University of Arkansas for Medical Sciences; (P) A representative of the Arkansas Health Care Association; and (Q) Two (2) healthcare consumers.

(A) The Office of Health Information Technology Coordinator;

(B) A representative of the Department of Finance and Administration;

(C) A representative of the Department of Human Services;

(D) A representative of the Division of Information Systems;

(E) A representative of the health insurance industry;

(F) A representative of the Arkansas Foundation for Medical Care, Inc.;

(G) A representative of the Arkansas Hospital Association, Inc.;

(H) A representative of the Arkansas Medical Society, Inc.;

(I) A representative of the Arkansas Minority Health Commission;

(J) A representative of the Arkansas Nurses Association;

(K) A representative of the Division of Science and Technology of the Arkansas Economic Development Commission;

(L) A representative of the Arkansas Pharmacist's Association;

(M) A representative of the business community;

(N) A representative of the Community Health Centers of Arkansas, Inc.;

(O) A representative of the University of Arkansas for Medical Sciences;

(P) A representative of the Arkansas Health Care Association; and

(Q) Two (2) healthcare consumers.

(b) The Chair of the Health Information Exchange Council shall be elected by the members of the council.

(c) (1) The members of the council shall serve three-year terms. (2) A member may be re-appointed to serve on the council. (3) In the event of a vacancy on the council, a person may be appointed to serve the remainder of the term.

(1) The members of the council shall serve three-year terms.

(2) A member may be re-appointed to serve on the council.

(3) In the event of a vacancy on the council, a person may be appointed to serve the remainder of the term.

(d) (1) The State Health Alliance for Records Exchange is not a healthcare provider and is not subject to claims under § 16-114-201 et seq. (2) A person who participates in or subscribes to the services or information provided by the State Health Alliance for Records Exchange shall not be liable in any action for damages or cost of any nature that results solely from the person's use or failure to use the State Health Alliance for Records Exchange information or data that was imputed or retrieved under the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and regulations adopted under the act, state confidentiality laws and the rules of the State Health Alliance for Records Exchange as approved by the Office of Health Information Technology or the governing body of the nonprofit corporation. (3) A person shall not be subject to antitrust or unfair competition liability based on membership or participation in the State Health Alliance for Records Exchange, which provides an essential governmental function for the public health and safety and enjoys state sovereign immunity.

(1) The State Health Alliance for Records Exchange is not a healthcare provider and is not subject to claims under § 16-114-201 et seq.

(2) A person who participates in or subscribes to the services or information provided by the State Health Alliance for Records Exchange shall not be liable in any action for damages or cost of any nature that results solely from the person's use or failure to use the State Health Alliance for Records Exchange information or data that was imputed or retrieved under the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and regulations adopted under the act, state confidentiality laws and the rules of the State Health Alliance for Records Exchange as approved by the Office of Health Information Technology or the governing body of the nonprofit corporation.

(3) A person shall not be subject to antitrust or unfair competition liability based on membership or participation in the State Health Alliance for Records Exchange, which provides an essential governmental function for the public health and safety and enjoys state sovereign immunity.

(e) A person who provides information and data to the State Health Alliance for Records Exchange retains a property right in the information or data but grants to the other participants or subscribers a nonexclusive license to retrieve and use that information or data under the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and any amendments and regulations adopted under the act, state confidentiality laws, and the rules of the State Health Alliance for Records Exchange.

(f) All processes or software developed, designed, or purchased by the State Health Alliance for Records Exchange shall remain the property of the State Health Alliance for Records Exchange subject to use by participants or subscribers under the rules of the State Health Alliance for Records Exchange.

(g) Patient-specific protected health information shall be disclosed only in accordance with the patient's authorization or in compliance with state confidentiality laws and the Health Insurance Portability and Accountability Act of 1996, as it existed on January 1, 2011, and regulations under the act.

(h) Executive branch agencies, including state boards, commissions, nonprofit corporations, and institutions of higher education that implement, acquire, or upgrade health information technology systems shall use health information technology systems and products that meet minimum standards adopted by the State Health Alliance for Records Exchange.

(i) All identified or deidentified health information contained in, stored in, submitted to, transferred by, or released from the State Health Alliance for Records Exchange is not disclosable under applicable state or federal law except to: (1) A healthcare provider; or (2) Other authorized person or entity as described by policies and rules promulgated by the State Board of Health or the State Health Alliance for Records Exchange.

(1) A healthcare provider; or

(2) Other authorized person or entity as described by policies and rules promulgated by the State Board of Health or the State Health Alliance for Records Exchange.

(j) (1) Upon the transfer to a nonprofit corporation, the State Health Alliance for Records Exchange shall be governed under the bylaws and incorporation documents of the nonprofit corporation. (2) The bylaws and incorporation documents of the nonprofit corporation shall further only the objectives and policies set forth in this section and §§ 25-43-809 - 25-43-811 .

(1) Upon the transfer to a nonprofit corporation, the State Health Alliance for Records Exchange shall be governed under the bylaws and incorporation documents of the nonprofit corporation.

(2) The bylaws and incorporation documents of the nonprofit corporation shall further only the objectives and policies set forth in this section and §§ 25-43-809 - 25-43-811 .

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-20-105 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-105
Agreements for joint or cooperative action - Filing - Interstate compacts - Liability for damages
Status: in_force

(a) Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county clerk and with the Secretary of State. (b) (1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest. (2) (A) The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. (B) The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state. Acts 1967, No. 430, § 5; A.S.A. 1947, § 14-905.

(a) Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county clerk and with the Secretary of State.

(b) (1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest. (2) (A) The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. (B) The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.

(1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest.

(2) (A) The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. (B) The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.

(A) The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein.

(B) The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.

Acts 1967, No. 430, § 5; A.S.A. 1947, § 14-905.
Ark. Code Ann. § 25-4-117 — AR Code / Title 25 / Chapter 4 / Section 25-4-117
Delinquent accounts
Status: in_force

(a) For accounts that are thirty (30) days overdue and have no charges contested by the user, the Division of Information Systems may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. The Chief Fiscal Officer of the State shall transfer the amount within ten (10) working days. (b) For accounts that are sixty (60) days overdue and have charges being contested by the user, the division may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. If the resolution of contested charges favors the user, the user may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the division's revolving account to the user's account. (c) The division is authorized to discontinue information technology service to users who do not make a timely remittance of payment for services rendered and is specifically prohibited from providing services to state agencies lacking funds or sufficient appropriations to pay for the services. Amended by Act 2019, No. 910,§ 6283, eff. 7/1/2019. Acts 1977, No. 884, § 7; A.S.A. 1947, § 5-1407; Acts 1997, No. 914, § 17; 2001, No. 1722, § 12.

(a) For accounts that are thirty (30) days overdue and have no charges contested by the user, the Division of Information Systems may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. The Chief Fiscal Officer of the State shall transfer the amount within ten (10) working days.

(b) For accounts that are sixty (60) days overdue and have charges being contested by the user, the division may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the user's account to the division's revolving account. If the resolution of contested charges favors the user, the user may request the Chief Fiscal Officer of the State to transfer all or part of the overdue amount from the division's revolving account to the user's account.

(c) The division is authorized to discontinue information technology service to users who do not make a timely remittance of payment for services rendered and is specifically prohibited from providing services to state agencies lacking funds or sufficient appropriations to pay for the services.

Amended by Act 2019, No. 910,§ 6283, eff. 7/1/2019.

Acts 1977, No. 884, § 7; A.S.A. 1947, § 5-1407; Acts 1997, No. 914, § 17; 2001, No. 1722, § 12.
Ark. Code Ann. § 25-1-601 — AR Code / Title 25 / Chapter 1 / Subchapter 6 / Section 25-1-601
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) "Abortion" as defined under subdivision (1)(A) of this section shall not include an act performed to: (i) Save the life of the mother; (ii) Save the life or preserve the health of the unborn child; (iii) Remove a dead unborn child caused by natural causes; or (iv) Remove an ectopic pregnancy; (2) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another individual or entity, in whole or in part, or a subsidiary, parent, or sibling entity; (3) "Governmental entity" means: (A) This state; (B) A state agency in the executive, judicial, or legislative branch of state government; or (C) A political subdivision of this state; (4) "Political subdivision" means a legally separate and distinct instrumentality of the state, including without limitation a: (A) County; (B) City; or (C) Municipality; and (5) (A) "Taxpayer resource transaction" means a sale, purchase, lease, donation of money, goods, services, or real property, or any other transaction between a governmental entity and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the governmental entity receives something of value in return. (B) "Taxpayer resource transaction" includes advocacy or lobbying by or on behalf of a governmental entity in behalf of an abortion provider or an affiliate of an abortion provider, but does not include an: (i) Officer's or employee of a governmental entity's providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee; (ii) Elected official's advocating for or against legislation pending before the legislature or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or (iii) Individual's speaking as a private citizen on a matter of public concern. (C) "Taxpayer resource transaction" does not include the provision of basic public services, including without limitation fire and police protection and utilities, by a governmental entity to an abortion provider or an affiliate of an abortion provider in the same manner as the governmental entity provides the services to the general public. Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.

As used in this subchapter:

(1) (A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. (B) "Abortion" as defined under subdivision (1)(A) of this section shall not include an act performed to: (i) Save the life of the mother; (ii) Save the life or preserve the health of the unborn child; (iii) Remove a dead unborn child caused by natural causes; or (iv) Remove an ectopic pregnancy;

(A) "Abortion" means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.

(B) "Abortion" as defined under subdivision (1)(A) of this section shall not include an act performed to: (i) Save the life of the mother; (ii) Save the life or preserve the health of the unborn child; (iii) Remove a dead unborn child caused by natural causes; or (iv) Remove an ectopic pregnancy;

(i) Save the life of the mother;

(ii) Save the life or preserve the health of the unborn child;

(iii) Remove a dead unborn child caused by natural causes; or

(iv) Remove an ectopic pregnancy;

(2) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another individual or entity, in whole or in part, or a subsidiary, parent, or sibling entity;

(3) "Governmental entity" means: (A) This state; (B) A state agency in the executive, judicial, or legislative branch of state government; or (C) A political subdivision of this state;

(A) This state;

(B) A state agency in the executive, judicial, or legislative branch of state government; or

(C) A political subdivision of this state;

(4) "Political subdivision" means a legally separate and distinct instrumentality of the state, including without limitation a: (A) County; (B) City; or (C) Municipality; and

(A) County;

(B) City; or

(C) Municipality; and

(5) (A) "Taxpayer resource transaction" means a sale, purchase, lease, donation of money, goods, services, or real property, or any other transaction between a governmental entity and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the governmental entity receives something of value in return. (B) "Taxpayer resource transaction" includes advocacy or lobbying by or on behalf of a governmental entity in behalf of an abortion provider or an affiliate of an abortion provider, but does not include an: (i) Officer's or employee of a governmental entity's providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee; (ii) Elected official's advocating for or against legislation pending before the legislature or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or (iii) Individual's speaking as a private citizen on a matter of public concern. (C) "Taxpayer resource transaction" does not include the provision of basic public services, including without limitation fire and police protection and utilities, by a governmental entity to an abortion provider or an affiliate of an abortion provider in the same manner as the governmental entity provides the services to the general public.

(A) "Taxpayer resource transaction" means a sale, purchase, lease, donation of money, goods, services, or real property, or any other transaction between a governmental entity and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the governmental entity receives something of value in return.

(B) "Taxpayer resource transaction" includes advocacy or lobbying by or on behalf of a governmental entity in behalf of an abortion provider or an affiliate of an abortion provider, but does not include an: (i) Officer's or employee of a governmental entity's providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee; (ii) Elected official's advocating for or against legislation pending before the legislature or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or (iii) Individual's speaking as a private citizen on a matter of public concern.

(i) Officer's or employee of a governmental entity's providing information to a member of the legislature or appearing before a legislative committee at the request of the member or committee;

(ii) Elected official's advocating for or against legislation pending before the legislature or otherwise influencing or attempting to influence the outcome of legislation pending before the legislature while acting in the capacity of an elected official; or

(iii) Individual's speaking as a private citizen on a matter of public concern.

(C) "Taxpayer resource transaction" does not include the provision of basic public services, including without limitation fire and police protection and utilities, by a governmental entity to an abortion provider or an affiliate of an abortion provider in the same manner as the governmental entity provides the services to the general public.

Added by Act 2021, No. 561,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-16-718 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-718
Use of settlement funds
Status: in_force

(a) When a settlement is agreed to or a judgment is entered in a lawsuit in which the state is a party receiving all or part of the funds from the settlement or judgment, the Attorney General shall create and maintain accounts as necessary to receive the funds. (b) The Attorney General shall distribute the funds as: (1) (A) Restitution to Arkansas consumers or state agencies or for other purposes as designated by the court order or settlement agreement. (B) Funds distributed under subdivision (b)(1)(A) of this section shall be distributed to Arkansas consumers as soon as practicable and according to any applicable court order; (2) Cash funds to a state agency having a nexus to the underlying litigation; (3) Payment of attorney's fees or civil penalties under § 4-88-113(a)(1) , § 4-88-113(c) , or § 4-88-113(e) ; (4) Required under § 4-88-105 , if the funds are deposited into the Consumer Education and Enforcement Account; or (5) Payment for personal services, miscellaneous operating expenses, or grants of the Attorney General's office. (c) (1) The Attorney General's office shall provide a quarterly report to the Legislative Council or Joint Budget Committee of all cash funds received from court orders or settlement agreements. (2) The report shall include: (A) The case name of the court order or settlement agreement; (B) The amount of funds received by the Attorney General's office for each court order or settlement agreement; and (C) (i) A plan for disbursement of the funds. (ii) If cash funds received from a court order or settlement agreement are expended for any purpose, the report shall itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B) . (iii) The report shall also itemize the specific consumer education and enforcement activities funded for the Attorney General's office. (3) If funds received from a court order or settlement agreement are given to a specific entity by the Attorney General's office, the report shall include: (A) (i) A statement regarding whether the court order or settlement agreement directed funds to be given to a specific entity. (ii) If the court order or settlement agreement directs funds be given to a specific entity, the Attorney General's office shall provide a summary of input regarding the drafting of the court order or settlement agreement. (iii) If the Attorney General's office receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the Attorney General's office shall report a rationale for disbursing funds to a specific entity; and (B) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the Attorney General's office. (4) The quarterly reports shall be provided no later than the fifteenth day of the month immediately following the end of each quarter. Added by Act 2023, No. 526,§ 4, eff. 8/1/2023.

(a) When a settlement is agreed to or a judgment is entered in a lawsuit in which the state is a party receiving all or part of the funds from the settlement or judgment, the Attorney General shall create and maintain accounts as necessary to receive the funds.

(b) The Attorney General shall distribute the funds as: (1) (A) Restitution to Arkansas consumers or state agencies or for other purposes as designated by the court order or settlement agreement. (B) Funds distributed under subdivision (b)(1)(A) of this section shall be distributed to Arkansas consumers as soon as practicable and according to any applicable court order; (2) Cash funds to a state agency having a nexus to the underlying litigation; (3) Payment of attorney's fees or civil penalties under § 4-88-113(a)(1) , § 4-88-113(c) , or § 4-88-113(e) ; (4) Required under § 4-88-105 , if the funds are deposited into the Consumer Education and Enforcement Account; or (5) Payment for personal services, miscellaneous operating expenses, or grants of the Attorney General's office.

(1) (A) Restitution to Arkansas consumers or state agencies or for other purposes as designated by the court order or settlement agreement. (B) Funds distributed under subdivision (b)(1)(A) of this section shall be distributed to Arkansas consumers as soon as practicable and according to any applicable court order;

(A) Restitution to Arkansas consumers or state agencies or for other purposes as designated by the court order or settlement agreement.

(B) Funds distributed under subdivision (b)(1)(A) of this section shall be distributed to Arkansas consumers as soon as practicable and according to any applicable court order;

(2) Cash funds to a state agency having a nexus to the underlying litigation;

(3) Payment of attorney's fees or civil penalties under § 4-88-113(a)(1) , § 4-88-113(c) , or § 4-88-113(e) ;

(4) Required under § 4-88-105 , if the funds are deposited into the Consumer Education and Enforcement Account; or

(5) Payment for personal services, miscellaneous operating expenses, or grants of the Attorney General's office.

(c) (1) The Attorney General's office shall provide a quarterly report to the Legislative Council or Joint Budget Committee of all cash funds received from court orders or settlement agreements. (2) The report shall include: (A) The case name of the court order or settlement agreement; (B) The amount of funds received by the Attorney General's office for each court order or settlement agreement; and (C) (i) A plan for disbursement of the funds. (ii) If cash funds received from a court order or settlement agreement are expended for any purpose, the report shall itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B) . (iii) The report shall also itemize the specific consumer education and enforcement activities funded for the Attorney General's office. (3) If funds received from a court order or settlement agreement are given to a specific entity by the Attorney General's office, the report shall include: (A) (i) A statement regarding whether the court order or settlement agreement directed funds to be given to a specific entity. (ii) If the court order or settlement agreement directs funds be given to a specific entity, the Attorney General's office shall provide a summary of input regarding the drafting of the court order or settlement agreement. (iii) If the Attorney General's office receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the Attorney General's office shall report a rationale for disbursing funds to a specific entity; and (B) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the Attorney General's office. (4) The quarterly reports shall be provided no later than the fifteenth day of the month immediately following the end of each quarter.

(1) The Attorney General's office shall provide a quarterly report to the Legislative Council or Joint Budget Committee of all cash funds received from court orders or settlement agreements.

(2) The report shall include: (A) The case name of the court order or settlement agreement; (B) The amount of funds received by the Attorney General's office for each court order or settlement agreement; and (C) (i) A plan for disbursement of the funds. (ii) If cash funds received from a court order or settlement agreement are expended for any purpose, the report shall itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B) . (iii) The report shall also itemize the specific consumer education and enforcement activities funded for the Attorney General's office.

(A) The case name of the court order or settlement agreement;

(B) The amount of funds received by the Attorney General's office for each court order or settlement agreement; and

(C) (i) A plan for disbursement of the funds. (ii) If cash funds received from a court order or settlement agreement are expended for any purpose, the report shall itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B) . (iii) The report shall also itemize the specific consumer education and enforcement activities funded for the Attorney General's office.

(i) A plan for disbursement of the funds.

(ii) If cash funds received from a court order or settlement agreement are expended for any purpose, the report shall itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B) .

(iii) The report shall also itemize the specific consumer education and enforcement activities funded for the Attorney General's office.

(3) If funds received from a court order or settlement agreement are given to a specific entity by the Attorney General's office, the report shall include: (A) (i) A statement regarding whether the court order or settlement agreement directed funds to be given to a specific entity. (ii) If the court order or settlement agreement directs funds be given to a specific entity, the Attorney General's office shall provide a summary of input regarding the drafting of the court order or settlement agreement. (iii) If the Attorney General's office receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the Attorney General's office shall report a rationale for disbursing funds to a specific entity; and (B) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the Attorney General's office.

(A) (i) A statement regarding whether the court order or settlement agreement directed funds to be given to a specific entity. (ii) If the court order or settlement agreement directs funds be given to a specific entity, the Attorney General's office shall provide a summary of input regarding the drafting of the court order or settlement agreement. (iii) If the Attorney General's office receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the Attorney General's office shall report a rationale for disbursing funds to a specific entity; and

(i) A statement regarding whether the court order or settlement agreement directed funds to be given to a specific entity.

(ii) If the court order or settlement agreement directs funds be given to a specific entity, the Attorney General's office shall provide a summary of input regarding the drafting of the court order or settlement agreement.

(iii) If the Attorney General's office receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the Attorney General's office shall report a rationale for disbursing funds to a specific entity; and

(B) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the Attorney General's office.

(4) The quarterly reports shall be provided no later than the fifteenth day of the month immediately following the end of each quarter.

Added by Act 2023, No. 526,§ 4, eff. 8/1/2023.
Ark. Code Ann. § 25-15-702 — AR Code / Title 25 / Chapter 15 / Subchapter 7 / Section 25-15-702
[Repealed]
Status: repealed

Repealed by Act 2023, No. 206,§ 1, eff. 8/1/2023. Added by Act 2021, No. 1076,§ 2, eff. 9/1/2021.

Repealed by Act 2023, No. 206,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 1076,§ 2, eff. 9/1/2021.