Ark. Code Ann. § 19-11-105 — AR Code / Title 19 / Chapter 11 / Subchapter 1 / Section 19-11-105
Illegal immigrants - Prohibition - Public contracts for services - Definitions
Status: in_force

(a) As used in this section: (1) "Contractor" means a person having a public contract with a state agency for professional services, technical and general services, or any category of construction in which the total dollar value of the contract is twenty-five thousand dollars ($25,000) or greater; (2) "Exempt agency" means the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (3) "Illegal immigrant" means any person not a citizen of the United States who has: (A) Entered the United States in violation of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., or regulations issued under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq.; (B) Legally entered the United States but without the right to be employed in the United States; or (C) Legally entered the United States subject to a time limit but has remained illegally after expiration of the time limit; (4) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; (5) "Public contract for services" means any type of agreement between a state agency and a contractor for the procurement of services and all categories of construction with a state agency in which the total dollar value of that contract is twenty-five thousand dollars ($25,000) or greater; (6) (A) "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, except an exempt agency under subdivision (a)(7)(B) of this section. (B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; and (7) (A) "Technical and general services" means: (i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise in which performance is evaluated based upon the quality of the work and the results produced; (ii) Work performed to meet a demand, including without limitation work of a recurring nature that does not necessarily require special skills or extensive training; or (iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance. (B) "Technical and general services" shall not be construed to include the procurement of professional services under § 19-11-801 et seq. (b) No state agency may enter into or renew a public contract for services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract. (c) Before executing a public contract, each prospective contractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the contractor at the time of the certification does not employ or contract with an illegal immigrant. (d) (1) If a contractor violates this section, the state shall require the contractor to remedy the violation within sixty (60) days. (2) (A) If the contractor does not remedy the violation within the sixty (60) days specified under subdivision (d)(1) of this section, the state shall terminate the contract for breach of the contract. (B) If the contract is terminated under subdivision (d)(2)(A) of this section, the contractor shall be liable to the state for actual damages. (e) (1) (A) If a contractor uses a subcontractor at the time of certification, the subcontractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the subcontractor at that time of certification does not employ or contract with an illegal immigrant. (B) A subcontractor shall submit the certification required under subdivision (e)(1)(A) of this section within thirty (30) days after the execution of the subcontract. (2) The contractor shall maintain on file the certification of the subcontractor throughout the duration of the term of the contract. (3) If the contractor learns that a subcontractor is in violation of this section, the contractor may terminate the contract with the subcontractor, and the termination of the contract for a violation of this section shall not be considered a breach of the contract by the contractor and subcontractor. Acts 2007, No. 157, § 1; 2009, No. 251, § 27.

(a) As used in this section: (1) "Contractor" means a person having a public contract with a state agency for professional services, technical and general services, or any category of construction in which the total dollar value of the contract is twenty-five thousand dollars ($25,000) or greater; (2) "Exempt agency" means the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (3) "Illegal immigrant" means any person not a citizen of the United States who has: (A) Entered the United States in violation of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., or regulations issued under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq.; (B) Legally entered the United States but without the right to be employed in the United States; or (C) Legally entered the United States subject to a time limit but has remained illegally after expiration of the time limit; (4) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary; (5) "Public contract for services" means any type of agreement between a state agency and a contractor for the procurement of services and all categories of construction with a state agency in which the total dollar value of that contract is twenty-five thousand dollars ($25,000) or greater; (6) (A) "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, except an exempt agency under subdivision (a)(7)(B) of this section. (B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; and (7) (A) "Technical and general services" means: (i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise in which performance is evaluated based upon the quality of the work and the results produced; (ii) Work performed to meet a demand, including without limitation work of a recurring nature that does not necessarily require special skills or extensive training; or (iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance. (B) "Technical and general services" shall not be construed to include the procurement of professional services under § 19-11-801 et seq.

(1) "Contractor" means a person having a public contract with a state agency for professional services, technical and general services, or any category of construction in which the total dollar value of the contract is twenty-five thousand dollars ($25,000) or greater;

(2) "Exempt agency" means the constitutional departments of the state, the elected constitutional offices of the state, the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee and supporting agencies and bureaus thereof, the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;

(3) "Illegal immigrant" means any person not a citizen of the United States who has: (A) Entered the United States in violation of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., or regulations issued under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq.; (B) Legally entered the United States but without the right to be employed in the United States; or (C) Legally entered the United States subject to a time limit but has remained illegally after expiration of the time limit;

(A) Entered the United States in violation of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., or regulations issued under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq.;

(B) Legally entered the United States but without the right to be employed in the United States; or

(C) Legally entered the United States subject to a time limit but has remained illegally after expiration of the time limit;

(4) "Professional services contract" means a contract between a state agency and a contractor in which: (A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee; (B) The services to be rendered consist of the personal services of an individual that are professional in nature; (C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services; (D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and (E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary;

(A) The relationship between the contractor and the state agency is that of an independent contractor rather than that of an employee;

(B) The services to be rendered consist of the personal services of an individual that are professional in nature;

(C) The state agency does not have direct managerial control over the day-to-day activities of the individual providing the services;

(D) The contract specifies the results expected from the rendering of the services rather than detailing the manner in which the services shall be rendered; and

(E) Services rendered under a professional services contract are rendered to the state agency itself or to a third-party beneficiary;

(5) "Public contract for services" means any type of agreement between a state agency and a contractor for the procurement of services and all categories of construction with a state agency in which the total dollar value of that contract is twenty-five thousand dollars ($25,000) or greater;

(6) (A) "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, except an exempt agency under subdivision (a)(7)(B) of this section. (B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; and

(A) "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, except an exempt agency under subdivision (a)(7)(B) of this section.

(B) "State agency" includes an exempt agency when any agency or exempt agency procures any item subject to Arkansas Constitution, Amendment 54; and

(7) (A) "Technical and general services" means: (i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise in which performance is evaluated based upon the quality of the work and the results produced; (ii) Work performed to meet a demand, including without limitation work of a recurring nature that does not necessarily require special skills or extensive training; or (iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance. (B) "Technical and general services" shall not be construed to include the procurement of professional services under § 19-11-801 et seq.

(A) "Technical and general services" means: (i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise in which performance is evaluated based upon the quality of the work and the results produced; (ii) Work performed to meet a demand, including without limitation work of a recurring nature that does not necessarily require special skills or extensive training; or (iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance.

(i) Work accomplished by skilled individuals involving time, labor, and a degree of expertise in which performance is evaluated based upon the quality of the work and the results produced;

(ii) Work performed to meet a demand, including without limitation work of a recurring nature that does not necessarily require special skills or extensive training; or

(iii) The furnishing of labor, time, or effort by a contractor or vendor, not involving the delivery of any specific end product other than reports that are incidental to the required performance.

(B) "Technical and general services" shall not be construed to include the procurement of professional services under § 19-11-801 et seq.

(b) No state agency may enter into or renew a public contract for services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract.

(c) Before executing a public contract, each prospective contractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the contractor at the time of the certification does not employ or contract with an illegal immigrant.

(d) (1) If a contractor violates this section, the state shall require the contractor to remedy the violation within sixty (60) days. (2) (A) If the contractor does not remedy the violation within the sixty (60) days specified under subdivision (d)(1) of this section, the state shall terminate the contract for breach of the contract. (B) If the contract is terminated under subdivision (d)(2)(A) of this section, the contractor shall be liable to the state for actual damages.

(1) If a contractor violates this section, the state shall require the contractor to remedy the violation within sixty (60) days.

(2) (A) If the contractor does not remedy the violation within the sixty (60) days specified under subdivision (d)(1) of this section, the state shall terminate the contract for breach of the contract. (B) If the contract is terminated under subdivision (d)(2)(A) of this section, the contractor shall be liable to the state for actual damages.

(A) If the contractor does not remedy the violation within the sixty (60) days specified under subdivision (d)(1) of this section, the state shall terminate the contract for breach of the contract.

(B) If the contract is terminated under subdivision (d)(2)(A) of this section, the contractor shall be liable to the state for actual damages.

(e) (1) (A) If a contractor uses a subcontractor at the time of certification, the subcontractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the subcontractor at that time of certification does not employ or contract with an illegal immigrant. (B) A subcontractor shall submit the certification required under subdivision (e)(1)(A) of this section within thirty (30) days after the execution of the subcontract. (2) The contractor shall maintain on file the certification of the subcontractor throughout the duration of the term of the contract. (3) If the contractor learns that a subcontractor is in violation of this section, the contractor may terminate the contract with the subcontractor, and the termination of the contract for a violation of this section shall not be considered a breach of the contract by the contractor and subcontractor.

(1) (A) If a contractor uses a subcontractor at the time of certification, the subcontractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the subcontractor at that time of certification does not employ or contract with an illegal immigrant. (B) A subcontractor shall submit the certification required under subdivision (e)(1)(A) of this section within thirty (30) days after the execution of the subcontract.

(A) If a contractor uses a subcontractor at the time of certification, the subcontractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the subcontractor at that time of certification does not employ or contract with an illegal immigrant.

(B) A subcontractor shall submit the certification required under subdivision (e)(1)(A) of this section within thirty (30) days after the execution of the subcontract.

(2) The contractor shall maintain on file the certification of the subcontractor throughout the duration of the term of the contract.

(3) If the contractor learns that a subcontractor is in violation of this section, the contractor may terminate the contract with the subcontractor, and the termination of the contract for a violation of this section shall not be considered a breach of the contract by the contractor and subcontractor.

Acts 2007, No. 157, § 1; 2009, No. 251, § 27.
Ark. Code Ann. § 19-10-201 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-201
Creation of commission - Members - Salary and expense reimbursement
Status: in_force

(a) (1) (A) There is created a commission to be known as the "Arkansas State Claims Commission". (B) The commission shall consist of five (5) members to be known as "commissioners". (C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas. (2) (A) (i) The commissioners shall be appointed by the Governor and confirmed by the Senate. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred. (B) Commissioners may be appointed to and may serve successive terms. (b) Before entering upon the duties of his or her office, each commissioner shall take the constitutional oath of office. (c) (1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly. (2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action. (d) The commission shall elect from its membership a chair or two (2) cochairs. (e) (1) (A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly. (B) The salary shall be paid in the manner as are salaries of other state officials and employees. (2) In addition to salary, each commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) The commission is considered an adjudicatory body when the commission applies or interprets: (1) A substantive procedural rule; or (2) Case law from an appellate court with jurisdiction to a pending claim or action. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Acts 1955, No. 276, § 2; 1983, No. 470, § 1; 1985, No. 861, § 7; A.S.A. 1947, § 13-1401, 13-1401.2; Acts 1997, No. 250, § 175.

(a) (1) (A) There is created a commission to be known as the "Arkansas State Claims Commission". (B) The commission shall consist of five (5) members to be known as "commissioners". (C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas. (2) (A) (i) The commissioners shall be appointed by the Governor and confirmed by the Senate. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred. (B) Commissioners may be appointed to and may serve successive terms.

(1) (A) There is created a commission to be known as the "Arkansas State Claims Commission". (B) The commission shall consist of five (5) members to be known as "commissioners". (C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas.

(A) There is created a commission to be known as the "Arkansas State Claims Commission".

(B) The commission shall consist of five (5) members to be known as "commissioners".

(C) All commissioners shall be public-spirited persons of recognized standing, and at least two (2) commissioners shall be attorneys licensed to practice law in the State of Arkansas.

(2) (A) (i) The commissioners shall be appointed by the Governor and confirmed by the Senate. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred. (B) Commissioners may be appointed to and may serve successive terms.

(A) (i) The commissioners shall be appointed by the Governor and confirmed by the Senate. (ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified. (iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred.

(i) The commissioners shall be appointed by the Governor and confirmed by the Senate.

(ii) The commissioners shall serve for terms of five (5) years and thereafter until a successor has been appointed and qualified.

(iii) A vacancy in the office of commissioner shall be filled by the Governor, and that appointee shall hold office during the unexpired portion of the term in which the vacancy occurred.

(B) Commissioners may be appointed to and may serve successive terms.

(b) Before entering upon the duties of his or her office, each commissioner shall take the constitutional oath of office.

(c) (1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly. (2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action.

(1) A commissioner shall not hear or participate in the consideration of a claim in which he or she is interested personally, either directly or indirectly.

(2) If for reason of conflict of interest a commissioner disqualifies himself or herself or is absent for any reason from hearing a particular claim and if there are no other commissioners available to hear the claim or action, the interested parties may request that a special commissioner be appointed by the Governor to hear the specific claim or action.

(d) The commission shall elect from its membership a chair or two (2) cochairs.

(e) (1) (A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly. (B) The salary shall be paid in the manner as are salaries of other state officials and employees. (2) In addition to salary, each commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq.

(1) (A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly. (B) The salary shall be paid in the manner as are salaries of other state officials and employees.

(A) Each commissioner shall receive a salary as may be prescribed by law and appropriated by the General Assembly.

(B) The salary shall be paid in the manner as are salaries of other state officials and employees.

(2) In addition to salary, each commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq.

(f) The commission is considered an adjudicatory body when the commission applies or interprets: (1) A substantive procedural rule; or (2) Case law from an appellate court with jurisdiction to a pending claim or action.

(1) A substantive procedural rule; or

(2) Case law from an appellate court with jurisdiction to a pending claim or action.

Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019.

Acts 1955, No. 276, § 2; 1983, No. 470, § 1; 1985, No. 861, § 7; A.S.A. 1947, § 13-1401, 13-1401.2; Acts 1997, No. 250, § 175.
Ark. Code Ann. § 19-11-1207 — AR Code / Title 19 / Chapter 11 / Subchapter 12 / Section 19-11-1207
Administration of subchapter - Fees
Status: in_force

(a) The Arkansas Energy Office of the Division of Environmental Quality shall administer this subchapter. (b) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this subchapter to include without limitation the following: (1) Standards for measuring and verifying the performance of energy cost savings measures; (2) A standard contract form for use by a state agency in entering into a guaranteed energy cost savings contract; (3) The adoption of the International Performance Measurement and Verification Protocol as it existed on a specific date; and (4) To establish and collect a reasonable fee to cover the costs of administering this subchapter. Amended by Act 2019, No. 315,§ 1800, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3208, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 15, eff. 8/1/2017. Added by Act 2013, No. 554,§ 7, eff. 8/16/2013.

(a) The Arkansas Energy Office of the Division of Environmental Quality shall administer this subchapter.

(b) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this subchapter to include without limitation the following: (1) Standards for measuring and verifying the performance of energy cost savings measures; (2) A standard contract form for use by a state agency in entering into a guaranteed energy cost savings contract; (3) The adoption of the International Performance Measurement and Verification Protocol as it existed on a specific date; and (4) To establish and collect a reasonable fee to cover the costs of administering this subchapter.

(1) Standards for measuring and verifying the performance of energy cost savings measures;

(2) A standard contract form for use by a state agency in entering into a guaranteed energy cost savings contract;

(3) The adoption of the International Performance Measurement and Verification Protocol as it existed on a specific date; and

(4) To establish and collect a reasonable fee to cover the costs of administering this subchapter.

Amended by Act 2019, No. 315,§ 1800, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3208, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 15, eff. 8/1/2017.

Added by Act 2013, No. 554,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 19-3-516 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-516
Discontinuance as bank depository
Status: in_force

(a) A bank depository that refuses to cash upon presentation by the payee within thirty (30) days of issuance a state warrant of five hundred dollars ($500) or less drawn upon the State Treasury or a bank check of five hundred dollars ($500) or less issued by a state agency shall: (1) Be discontinued immediately as a bank depository; and (2) For a period of time determined by the State Board of Finance, be ineligible for reinstatement as a bank depository. (b) This section does not prevent a bank depository from: (1) Taking a reasonable time to make proper identification of the persons and signatures of payees named in warrants or checks; or (2) Seeking indemnification for losses from cashing warrants or checks for persons other than the payees named in the warrants or checks. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) A bank depository that refuses to cash upon presentation by the payee within thirty (30) days of issuance a state warrant of five hundred dollars ($500) or less drawn upon the State Treasury or a bank check of five hundred dollars ($500) or less issued by a state agency shall: (1) Be discontinued immediately as a bank depository; and (2) For a period of time determined by the State Board of Finance, be ineligible for reinstatement as a bank depository.

(1) Be discontinued immediately as a bank depository; and

(2) For a period of time determined by the State Board of Finance, be ineligible for reinstatement as a bank depository.

(b) This section does not prevent a bank depository from: (1) Taking a reasonable time to make proper identification of the persons and signatures of payees named in warrants or checks; or (2) Seeking indemnification for losses from cashing warrants or checks for persons other than the payees named in the warrants or checks.

(1) Taking a reasonable time to make proper identification of the persons and signatures of payees named in warrants or checks; or

(2) Seeking indemnification for losses from cashing warrants or checks for persons other than the payees named in the warrants or checks.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-7-605 — AR Code / Title 19 / Chapter 7 / Subchapter 6 / Section 19-7-605
Indirect cost reimbursements
Status: in_force

(a) The Office of Intergovernmental Services shall be responsible for preparation of the Statewide Cost Allocation Plan for the allocation of state central services' overhead costs to the various state agencies who elect to seek reimbursement for them according to the provisions of United States Office of Management and Budget Circular A-87. (b) The Office of Intergovernmental Services also shall: (1) Prepare indirect cost rate proposals on behalf of the state agencies; or (2) Provide assistance as necessary to state agencies that prepare their own indirect cost rate proposals if the state agency elects to seek payment from the federal government for these costs. (c) The Office of Intergovernmental Services shall be authorized to negotiate the statewide cost allocations with the appropriate federal authorities and indirect cost proposals prepared by the Office of Intergovernmental Services with any agency. (d) Any agency that chooses to utilize indirect cost rates according to the provisions of this subchapter shall submit a copy of its indirect cost rate proposals to the Department of Finance and Administration and also a copy of its indirect cost rate agreement after the cognizant federal agency has approved the rate proposal. Acts 1983, No. 498, § 5; 1985, No. 513, § 1; A.S.A. 1947, § 13-762.

(a) The Office of Intergovernmental Services shall be responsible for preparation of the Statewide Cost Allocation Plan for the allocation of state central services' overhead costs to the various state agencies who elect to seek reimbursement for them according to the provisions of United States Office of Management and Budget Circular A-87.

(b) The Office of Intergovernmental Services also shall: (1) Prepare indirect cost rate proposals on behalf of the state agencies; or (2) Provide assistance as necessary to state agencies that prepare their own indirect cost rate proposals if the state agency elects to seek payment from the federal government for these costs.

(1) Prepare indirect cost rate proposals on behalf of the state agencies; or

(2) Provide assistance as necessary to state agencies that prepare their own indirect cost rate proposals if the state agency elects to seek payment from the federal government for these costs.

(c) The Office of Intergovernmental Services shall be authorized to negotiate the statewide cost allocations with the appropriate federal authorities and indirect cost proposals prepared by the Office of Intergovernmental Services with any agency.

(d) Any agency that chooses to utilize indirect cost rates according to the provisions of this subchapter shall submit a copy of its indirect cost rate proposals to the Department of Finance and Administration and also a copy of its indirect cost rate agreement after the cognizant federal agency has approved the rate proposal.

Acts 1983, No. 498, § 5; 1985, No. 513, § 1; A.S.A. 1947, § 13-762.
Ark. Code Ann. § 19-5-928 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-928
State Insurance Department Criminal Investigation Division Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Criminal Investigation Division Trust Fund". (b) The fund shall consist of those special revenues as specified in § 19-6-301 (191), interest income, grants, refunds, gifts, or any other resources. (c) The fund shall be used to defray the expenses of the Criminal Investigation Division of the State Insurance Department in the discharge of its administrative and regulatory powers and duties as prescribed by law and as set out in the State Insurance Department Criminal Investigation Division Trust Fund Act, § 23-100-101 et seq. Acts 1999, No. 1463, § 12; 2007, No. 1032, § 14; 2007, No. 1201, § 14.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Criminal Investigation Division Trust Fund".

(b) The fund shall consist of those special revenues as specified in § 19-6-301 (191), interest income, grants, refunds, gifts, or any other resources.

(c) The fund shall be used to defray the expenses of the Criminal Investigation Division of the State Insurance Department in the discharge of its administrative and regulatory powers and duties as prescribed by law and as set out in the State Insurance Department Criminal Investigation Division Trust Fund Act, § 23-100-101 et seq.

Acts 1999, No. 1463, § 12; 2007, No. 1032, § 14; 2007, No. 1201, § 14.
Ark. Code Ann. § 19-10-102 — AR Code / Title 19 / Chapter 10 / Subchapter 1 / Section 19-10-102
Legal representative for state agencies
Status: in_force

(a) (1) An attorney for a state agency against which a claim is filed shall represent his or her respective state agency before the Arkansas State Claims Commission. (2) The Attorney General shall represent all state agencies that have no special legal representatives before the Arkansas State Claims Commission. (b) Legal representation for a public employer before the Workers' Compensation Commission shall be in the manner prescribed in § 21-5-606 . Amended by Act 2019, No. 785,§ 1, eff. 7/24/2019. Acts 1949, No. 462, § 11; A.S.A. 1947, § 13-1411.

(a) (1) An attorney for a state agency against which a claim is filed shall represent his or her respective state agency before the Arkansas State Claims Commission. (2) The Attorney General shall represent all state agencies that have no special legal representatives before the Arkansas State Claims Commission.

(1) An attorney for a state agency against which a claim is filed shall represent his or her respective state agency before the Arkansas State Claims Commission.

(2) The Attorney General shall represent all state agencies that have no special legal representatives before the Arkansas State Claims Commission.

(b) Legal representation for a public employer before the Workers' Compensation Commission shall be in the manner prescribed in § 21-5-606 .

Amended by Act 2019, No. 785,§ 1, eff. 7/24/2019.

Acts 1949, No. 462, § 11; A.S.A. 1947, § 13-1411.
Ark. Code Ann. § 19-5-1069 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1069
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1145,§ 7, eff. 7/1/2015. Amended by Act 2015, No. 1144,§ 7, eff. 7/1/2015. Acts 1995, No. 1163, § 27. See Act 2015, No. 1145, § 11.

Repealed by Act 2015, No. 1145,§ 7, eff. 7/1/2015.

Amended by Act 2015, No. 1144,§ 7, eff. 7/1/2015.

Acts 1995, No. 1163, § 27.

See Act 2015, No. 1145, § 11.
Ark. Code Ann. § 19-4-1612 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1612
Overtime pay
Status: in_force

(a) It is the policy of the State of Arkansas that overtime pay for state employees is the least desirable method of compensation for overtime work. (b) (1) All state departments, agencies, boards, commissions, and institutions may pay overtime to their employees, under the rules and regulations set out by the federal Fair Labor Standards Act of 1938. (2) (A) The Secretary of the Department of Transformation and Shared Services will specify those specific employees or groups of employees other than employees of the Arkansas Department of Transportation eligible to receive overtime compensation, the circumstances under which overtime pay is to be allowed, and other matters the secretary finds appropriate and necessary to comply with the federal Fair Labor Standards Act of 1938 as regards the payment of overtime compensation. (B) The Director of State Highways and Transportation shall make these determinations as to employees of the Arkansas Department of Transportation. (c) The rules authorized by this section shall not go into effect until the secretary, or the Arkansas Department of Transportation as to its employees, has sought the advice of the Legislative Council. (d) In the event that the federal Fair Labor Standards Act of 1938 is held, for whatever reason, to be nonapplicable to state employment, then any state department, agency, board, commission, or institution may pay overtime to its employees only if the General Assembly has given authorization by an appropriation. (e) (1) The State Highway Commission: (A) For the purpose of paying overtime, may transfer a portion of the appropriation for overtime in the operative appropriation act for the Arkansas Department of Transportation to the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) Shall notify the Auditor of State and the Secretary of the Department of Finance and Administration of a transfer authorized under this subdivision (e)(1). (2) If the commission makes a transfer under subdivision (e)(1) of this section: (A) The overtime applicable to any salaries may be paid from the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) One (1) state warrant may be issued to each employee for the total of the regular salary and overtime earned. (3) The amount appropriated for salaries in the operative appropriation act for the Arkansas Department of Transportation may be exceeded for an employee eligible for overtime to the extent of the overtime paid to the employee. (4) The overtime paid shall be identifiable for each employee, and in total for all employees, on the voucher or other record that is submitted to support the issuance of a state warrant. Amended by Act 2023, No. 569,§ 14, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6095, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6094, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 48, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 18, eff. 2/26/2015. Acts 1973, No. 876, § 23; 1976 (Ex. Sess.), No. 1, § 1; 1977, No. 118, § 1; 1985, No. 820, § 1; A.S.A. 1947, § 13-349; Acts 2009, No. 605, § 19; 2009, No. 606, § 19.

(a) It is the policy of the State of Arkansas that overtime pay for state employees is the least desirable method of compensation for overtime work.

(b) (1) All state departments, agencies, boards, commissions, and institutions may pay overtime to their employees, under the rules and regulations set out by the federal Fair Labor Standards Act of 1938. (2) (A) The Secretary of the Department of Transformation and Shared Services will specify those specific employees or groups of employees other than employees of the Arkansas Department of Transportation eligible to receive overtime compensation, the circumstances under which overtime pay is to be allowed, and other matters the secretary finds appropriate and necessary to comply with the federal Fair Labor Standards Act of 1938 as regards the payment of overtime compensation. (B) The Director of State Highways and Transportation shall make these determinations as to employees of the Arkansas Department of Transportation.

(1) All state departments, agencies, boards, commissions, and institutions may pay overtime to their employees, under the rules and regulations set out by the federal Fair Labor Standards Act of 1938.

(2) (A) The Secretary of the Department of Transformation and Shared Services will specify those specific employees or groups of employees other than employees of the Arkansas Department of Transportation eligible to receive overtime compensation, the circumstances under which overtime pay is to be allowed, and other matters the secretary finds appropriate and necessary to comply with the federal Fair Labor Standards Act of 1938 as regards the payment of overtime compensation. (B) The Director of State Highways and Transportation shall make these determinations as to employees of the Arkansas Department of Transportation.

(A) The Secretary of the Department of Transformation and Shared Services will specify those specific employees or groups of employees other than employees of the Arkansas Department of Transportation eligible to receive overtime compensation, the circumstances under which overtime pay is to be allowed, and other matters the secretary finds appropriate and necessary to comply with the federal Fair Labor Standards Act of 1938 as regards the payment of overtime compensation.

(B) The Director of State Highways and Transportation shall make these determinations as to employees of the Arkansas Department of Transportation.

(c) The rules authorized by this section shall not go into effect until the secretary, or the Arkansas Department of Transportation as to its employees, has sought the advice of the Legislative Council.

(d) In the event that the federal Fair Labor Standards Act of 1938 is held, for whatever reason, to be nonapplicable to state employment, then any state department, agency, board, commission, or institution may pay overtime to its employees only if the General Assembly has given authorization by an appropriation.

(e) (1) The State Highway Commission: (A) For the purpose of paying overtime, may transfer a portion of the appropriation for overtime in the operative appropriation act for the Arkansas Department of Transportation to the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) Shall notify the Auditor of State and the Secretary of the Department of Finance and Administration of a transfer authorized under this subdivision (e)(1). (2) If the commission makes a transfer under subdivision (e)(1) of this section: (A) The overtime applicable to any salaries may be paid from the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) One (1) state warrant may be issued to each employee for the total of the regular salary and overtime earned. (3) The amount appropriated for salaries in the operative appropriation act for the Arkansas Department of Transportation may be exceeded for an employee eligible for overtime to the extent of the overtime paid to the employee. (4) The overtime paid shall be identifiable for each employee, and in total for all employees, on the voucher or other record that is submitted to support the issuance of a state warrant.

(1) The State Highway Commission: (A) For the purpose of paying overtime, may transfer a portion of the appropriation for overtime in the operative appropriation act for the Arkansas Department of Transportation to the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) Shall notify the Auditor of State and the Secretary of the Department of Finance and Administration of a transfer authorized under this subdivision (e)(1).

(A) For the purpose of paying overtime, may transfer a portion of the appropriation for overtime in the operative appropriation act for the Arkansas Department of Transportation to the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and

(B) Shall notify the Auditor of State and the Secretary of the Department of Finance and Administration of a transfer authorized under this subdivision (e)(1).

(2) If the commission makes a transfer under subdivision (e)(1) of this section: (A) The overtime applicable to any salaries may be paid from the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and (B) One (1) state warrant may be issued to each employee for the total of the regular salary and overtime earned.

(A) The overtime applicable to any salaries may be paid from the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and

(B) One (1) state warrant may be issued to each employee for the total of the regular salary and overtime earned.

(3) The amount appropriated for salaries in the operative appropriation act for the Arkansas Department of Transportation may be exceeded for an employee eligible for overtime to the extent of the overtime paid to the employee.

(4) The overtime paid shall be identifiable for each employee, and in total for all employees, on the voucher or other record that is submitted to support the issuance of a state warrant.

Amended by Act 2023, No. 569,§ 14, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6095, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6094, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 48, eff. 8/1/2017.

Amended by Act 2015, No. 218,§ 18, eff. 2/26/2015.

Acts 1973, No. 876, § 23; 1976 (Ex. Sess.), No. 1, § 1; 1977, No. 118, § 1; 1985, No. 820, § 1; A.S.A. 1947, § 13-349; Acts 2009, No. 605, § 19; 2009, No. 606, § 19.
Ark. Code Ann. § 19-4-406 — AR Code / Title 19 / Chapter 4 / Subchapter 4 / Section 19-4-406
Storage of warrants
Status: in_force

(a) (1) The Auditor of State shall place all redeemed warrants in a secure place or vault in the Auditor of State's office, subject to the inspection by any interested citizen. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, the Auditor of State shall keep a warrant intact and without further alteration for a period of one (1) year from the close of the fiscal year in which the warrant was issued. (B) (i) If the Auditor of State makes an electronic copy of the warrant, the original warrant shall be kept for three (3) months. (ii) The electronic copy of the warrant shall be maintained for a period of ten (10) years from the close of the fiscal year in which the warrant was issued. (b) If the Legislative Auditor or the State Historian requests retention of an original warrant or the electronic copy of a warrant in excess of the time periods provided under subsection (a) of this section, the warrant shall be retained by the Auditor of State for such period of time as required by the Legislative Auditor or the State Historian. (c) If federal law or regulations require the retention of certain warrants for a period longer than the period prescribed in this section, warrants shall be retained for the period prescribed by the federal law or regulations. Acts 1973, No. 876, § 27; 1983, No. 305, § 1; A.S.A. 1947, § 13-353; Acts 2007, No. 269, § 1; 2009, No. 251, § 9.

(a) (1) The Auditor of State shall place all redeemed warrants in a secure place or vault in the Auditor of State's office, subject to the inspection by any interested citizen. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, the Auditor of State shall keep a warrant intact and without further alteration for a period of one (1) year from the close of the fiscal year in which the warrant was issued. (B) (i) If the Auditor of State makes an electronic copy of the warrant, the original warrant shall be kept for three (3) months. (ii) The electronic copy of the warrant shall be maintained for a period of ten (10) years from the close of the fiscal year in which the warrant was issued.

(1) The Auditor of State shall place all redeemed warrants in a secure place or vault in the Auditor of State's office, subject to the inspection by any interested citizen.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, the Auditor of State shall keep a warrant intact and without further alteration for a period of one (1) year from the close of the fiscal year in which the warrant was issued. (B) (i) If the Auditor of State makes an electronic copy of the warrant, the original warrant shall be kept for three (3) months. (ii) The electronic copy of the warrant shall be maintained for a period of ten (10) years from the close of the fiscal year in which the warrant was issued.

(A) Except as provided in subdivision (a)(2)(B) of this section, the Auditor of State shall keep a warrant intact and without further alteration for a period of one (1) year from the close of the fiscal year in which the warrant was issued.

(B) (i) If the Auditor of State makes an electronic copy of the warrant, the original warrant shall be kept for three (3) months. (ii) The electronic copy of the warrant shall be maintained for a period of ten (10) years from the close of the fiscal year in which the warrant was issued.

(i) If the Auditor of State makes an electronic copy of the warrant, the original warrant shall be kept for three (3) months.

(ii) The electronic copy of the warrant shall be maintained for a period of ten (10) years from the close of the fiscal year in which the warrant was issued.

(b) If the Legislative Auditor or the State Historian requests retention of an original warrant or the electronic copy of a warrant in excess of the time periods provided under subsection (a) of this section, the warrant shall be retained by the Auditor of State for such period of time as required by the Legislative Auditor or the State Historian.

(c) If federal law or regulations require the retention of certain warrants for a period longer than the period prescribed in this section, warrants shall be retained for the period prescribed by the federal law or regulations.

Acts 1973, No. 876, § 27; 1983, No. 305, § 1; A.S.A. 1947, § 13-353; Acts 2007, No. 269, § 1; 2009, No. 251, § 9.
Ark. Code Ann. § 19-4-604 — AR Code / Title 19 / Chapter 4 / Subchapter 6 / Section 19-4-604
State-supported institutions of higher education
Status: in_force

(a) At least thirty (30) days prior to the commencing of each fiscal year, the Chief Fiscal Officer of the State shall make studies for the purpose of estimating the anticipated amounts of general revenues to be available for distributions under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq., for the fiscal year. The Chief Fiscal Officer of the State shall compute the estimated amounts of general revenues to be available for allocation to the respective State Treasury accounts in accordance with their percentage distributions of general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq. (b) The Chief Fiscal Officer of the State shall certify to each of the respective state-supported institutions of higher education, at least thirty (30) days prior to the commencement of each fiscal year, the estimated amounts of general revenues to be available for distribution to the State Treasury account for their respective institutions. The Chief Fiscal Officer of the State shall include in each certification the quarterly allocations thereof that are estimated to be available for expenditures based upon these estimates. (c) Upon receipt of the estimated amounts to be available for expenditure and after reviewing the quarterly allocation thereof as submitted by the Chief Fiscal Officer of the State, any such institution may request revisions in the proposed quarterly allotments as certified by the Chief Fiscal Officer of the State. (d) The Chief Fiscal Officer of the State, with the advice and consent of the Division of Higher Education, shall approve requested revisions in the proposed quarterly allotments if he or she shall determine that: (1) The proposed revisions in quarterly allotments do not exceed the aggregate of the estimated funds to be available from estimates of anticipated revenues and fund balances in the institution's account in the State Treasury for the fiscal year; and (2) The revised quarterly allotments will not impose an undue hardship upon other allotments of revenues and other financial commitments to be met from the distributions of general revenues during the fiscal year. (e) The Chief Fiscal Officer of the State shall periodically review the estimates of projected general revenue collections anticipated to be available during a fiscal year. The Chief Fiscal Officer of the State may make revisions in the amounts certified to the respective institutions of higher education based upon these estimates and may revise the quarterly amounts certified to each agency based upon the revised estimates. (f) Institutions of higher education may, from time to time, request revisions in the quarterly allotments of moneys where needs of the institution require revisions thereof. (g) Any unexpended balances remaining at the end of each fiscal year shall be transferred forward and made available for the support of the institutions of higher education for the following fiscal year. (h) The budget execution provisions set forth in this section shall be applicable to all state-supported institutions of higher education, and except for the annual fiscal program requirements, the provisions of §§ 19-4-601 , 19-4-602 , and 19-4-607 - 19-4-609 shall not apply to these institutions; they shall be governed by the provisions of this section and by procedures established under authority of § 6-61-209 . (i) The division shall coordinate with the Chief Fiscal Officer of the State for administering the provisions of this section. Amended by Act 2019, No. 910,§ 2254, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2253, eff. 7/1/2019. Acts 1973, No. 876, § 11; 1977, No. 486, § 1; A.S.A. 1947, § 13-337; Acts 1995, No. 1296, § 69.

(a) At least thirty (30) days prior to the commencing of each fiscal year, the Chief Fiscal Officer of the State shall make studies for the purpose of estimating the anticipated amounts of general revenues to be available for distributions under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq., for the fiscal year. The Chief Fiscal Officer of the State shall compute the estimated amounts of general revenues to be available for allocation to the respective State Treasury accounts in accordance with their percentage distributions of general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.

(b) The Chief Fiscal Officer of the State shall certify to each of the respective state-supported institutions of higher education, at least thirty (30) days prior to the commencement of each fiscal year, the estimated amounts of general revenues to be available for distribution to the State Treasury account for their respective institutions. The Chief Fiscal Officer of the State shall include in each certification the quarterly allocations thereof that are estimated to be available for expenditures based upon these estimates.

(c) Upon receipt of the estimated amounts to be available for expenditure and after reviewing the quarterly allocation thereof as submitted by the Chief Fiscal Officer of the State, any such institution may request revisions in the proposed quarterly allotments as certified by the Chief Fiscal Officer of the State.

(d) The Chief Fiscal Officer of the State, with the advice and consent of the Division of Higher Education, shall approve requested revisions in the proposed quarterly allotments if he or she shall determine that: (1) The proposed revisions in quarterly allotments do not exceed the aggregate of the estimated funds to be available from estimates of anticipated revenues and fund balances in the institution's account in the State Treasury for the fiscal year; and (2) The revised quarterly allotments will not impose an undue hardship upon other allotments of revenues and other financial commitments to be met from the distributions of general revenues during the fiscal year.

(1) The proposed revisions in quarterly allotments do not exceed the aggregate of the estimated funds to be available from estimates of anticipated revenues and fund balances in the institution's account in the State Treasury for the fiscal year; and

(2) The revised quarterly allotments will not impose an undue hardship upon other allotments of revenues and other financial commitments to be met from the distributions of general revenues during the fiscal year.

(e) The Chief Fiscal Officer of the State shall periodically review the estimates of projected general revenue collections anticipated to be available during a fiscal year. The Chief Fiscal Officer of the State may make revisions in the amounts certified to the respective institutions of higher education based upon these estimates and may revise the quarterly amounts certified to each agency based upon the revised estimates.

(f) Institutions of higher education may, from time to time, request revisions in the quarterly allotments of moneys where needs of the institution require revisions thereof.

(g) Any unexpended balances remaining at the end of each fiscal year shall be transferred forward and made available for the support of the institutions of higher education for the following fiscal year.

(h) The budget execution provisions set forth in this section shall be applicable to all state-supported institutions of higher education, and except for the annual fiscal program requirements, the provisions of §§ 19-4-601 , 19-4-602 , and 19-4-607 - 19-4-609 shall not apply to these institutions; they shall be governed by the provisions of this section and by procedures established under authority of § 6-61-209 .

(i) The division shall coordinate with the Chief Fiscal Officer of the State for administering the provisions of this section.

Amended by Act 2019, No. 910,§ 2254, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2253, eff. 7/1/2019.

Acts 1973, No. 876, § 11; 1977, No. 486, § 1; A.S.A. 1947, § 13-337; Acts 1995, No. 1296, § 69.
Ark. Code Ann. § 19-5-1020 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1020
Department of Human Services Renovation Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Department of Human Services Renovation Fund". (b) The fund shall be used for constructing, acquiring, renovating, maintaining, repairing, and equipping facilities of the Department of Human Services and for paying disallowances by the United States Government. (c) The fund shall consist of: (1) Federal reimbursement received by the department and deposited into the various fund accounts of the department; (2) (A) General revenues transferred from the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Division of Developmental Disabilities Services for the purposes of repairing, renovating, equipping, acquiring, and constructing department facilities with an annual maximum of five million dollars ($5,000,000). (B) The projects for which these transfers are authorized must be projects which were unanticipated during the preceding regular session of the General Assembly and must be projects which, if not carried out in the interim period between regular sessions of the General Assembly, would cause greater harm to the facilities, clients, or programs of the department than if carried out during the next regular session; and (3) Other nongeneral revenue funds as may be available within the department that can be used for the purposes of the fund. (d) (1) At the request of the Secretary of the Department of Human Services and upon certification of the availability of such funds, the Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect the transfer on the books of record of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the department. (2) The secretary shall submit any transfer plan to and must receive approval of the plan from the Chief Fiscal Officer of the State, the Governor, and the Legislative Council prior to the effective date of the transfer. (e) Provided, that any nongeneral revenue funding that may remain in the fund at the end of any fiscal year shall be carried over into the next fiscal year, and all obligated general revenue funding that may remain in the fund at the end of any fiscal year shall be carried over into the next fiscal year to satisfy such legal and contractual obligations that have been entered into prior to the end of the fiscal year. (f) Determining the amount of funds appropriated to a state agency is the prerogative of the General Assembly and is usually accomplished by delineating specific line items and by identifying the appropriation and funding attached to that line item. The General Assembly has determined that the department could be operated more efficiently if some flexibility is given to that agency. That flexibility is being accomplished by providing transfer authority in subsection (d) of this section, and since the General Assembly has granted the agency broad powers under the transfer authority concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the transfer authority by requiring prior approval of the Legislative Council in the utilization of this transfer authority. Therefore, the requirement of approval by the Legislative Council is not a severable part of this section. If the requirement of approval by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void. Amended by Act 2019, No. 910,§ 5163, eff. 7/1/2019. Acts 1985, No. 719, § 1; A.S.A. 1947, § 13-562; Acts 1995, No. 1198, § 104; 1997, No. 1360, § 64; 1999, No. 1537, § 80.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Department of Human Services Renovation Fund".

(b) The fund shall be used for constructing, acquiring, renovating, maintaining, repairing, and equipping facilities of the Department of Human Services and for paying disallowances by the United States Government.

(c) The fund shall consist of: (1) Federal reimbursement received by the department and deposited into the various fund accounts of the department; (2) (A) General revenues transferred from the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Division of Developmental Disabilities Services for the purposes of repairing, renovating, equipping, acquiring, and constructing department facilities with an annual maximum of five million dollars ($5,000,000). (B) The projects for which these transfers are authorized must be projects which were unanticipated during the preceding regular session of the General Assembly and must be projects which, if not carried out in the interim period between regular sessions of the General Assembly, would cause greater harm to the facilities, clients, or programs of the department than if carried out during the next regular session; and (3) Other nongeneral revenue funds as may be available within the department that can be used for the purposes of the fund.

(1) Federal reimbursement received by the department and deposited into the various fund accounts of the department;

(2) (A) General revenues transferred from the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Division of Developmental Disabilities Services for the purposes of repairing, renovating, equipping, acquiring, and constructing department facilities with an annual maximum of five million dollars ($5,000,000). (B) The projects for which these transfers are authorized must be projects which were unanticipated during the preceding regular session of the General Assembly and must be projects which, if not carried out in the interim period between regular sessions of the General Assembly, would cause greater harm to the facilities, clients, or programs of the department than if carried out during the next regular session; and

(A) General revenues transferred from the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Division of Developmental Disabilities Services for the purposes of repairing, renovating, equipping, acquiring, and constructing department facilities with an annual maximum of five million dollars ($5,000,000).

(B) The projects for which these transfers are authorized must be projects which were unanticipated during the preceding regular session of the General Assembly and must be projects which, if not carried out in the interim period between regular sessions of the General Assembly, would cause greater harm to the facilities, clients, or programs of the department than if carried out during the next regular session; and

(3) Other nongeneral revenue funds as may be available within the department that can be used for the purposes of the fund.

(d) (1) At the request of the Secretary of the Department of Human Services and upon certification of the availability of such funds, the Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect the transfer on the books of record of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the department. (2) The secretary shall submit any transfer plan to and must receive approval of the plan from the Chief Fiscal Officer of the State, the Governor, and the Legislative Council prior to the effective date of the transfer.

(1) At the request of the Secretary of the Department of Human Services and upon certification of the availability of such funds, the Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect the transfer on the books of record of the Treasurer of State, the Auditor of State, the Chief Fiscal Officer of the State, and the department.

(2) The secretary shall submit any transfer plan to and must receive approval of the plan from the Chief Fiscal Officer of the State, the Governor, and the Legislative Council prior to the effective date of the transfer.

(e) Provided, that any nongeneral revenue funding that may remain in the fund at the end of any fiscal year shall be carried over into the next fiscal year, and all obligated general revenue funding that may remain in the fund at the end of any fiscal year shall be carried over into the next fiscal year to satisfy such legal and contractual obligations that have been entered into prior to the end of the fiscal year.

(f) Determining the amount of funds appropriated to a state agency is the prerogative of the General Assembly and is usually accomplished by delineating specific line items and by identifying the appropriation and funding attached to that line item. The General Assembly has determined that the department could be operated more efficiently if some flexibility is given to that agency. That flexibility is being accomplished by providing transfer authority in subsection (d) of this section, and since the General Assembly has granted the agency broad powers under the transfer authority concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the transfer authority by requiring prior approval of the Legislative Council in the utilization of this transfer authority. Therefore, the requirement of approval by the Legislative Council is not a severable part of this section. If the requirement of approval by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

Amended by Act 2019, No. 910,§ 5163, eff. 7/1/2019.

Acts 1985, No. 719, § 1; A.S.A. 1947, § 13-562; Acts 1995, No. 1198, § 104; 1997, No. 1360, § 64; 1999, No. 1537, § 80.
Ark. Code Ann. § 19-5-937 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-937
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1127,§ 7, eff. 7/1/2017. Repealed by Act 2017, No. 1083,§ 7, eff. 7/1/2017. Acts 1983, No. 926, § 51; A.S.A. 1947, § 13-523.11.

Repealed by Act 2017, No. 1127,§ 7, eff. 7/1/2017.

Repealed by Act 2017, No. 1083,§ 7, eff. 7/1/2017.

Acts 1983, No. 926, § 51; A.S.A. 1947, § 13-523.11.
Ark. Code Ann. § 19-6-402 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-402
Division of Aeronautics Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Division of Aeronautics Fund". (b) The fund shall consist of those special revenues as specified in § 19-6-301(17) . (c) The fund shall be used by the Division of Aeronautics for: (1) Distributing grants-in-aid to qualifying airports of the state as authorized by law; (2) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education; (3) The maintenance, operation, and improvement required in carrying out the functions, powers, and duties set out in § 27-114-101 et seq.; or (4) Carrying out other duties imposed by law upon the division, including without limitation the duties set out in § 27-115-110 . Amended by Act 2019, No. 152,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 493, eff. 7/1/2019. Acts 1973, No. 808, § 14; 1979, No. 1027, § 6; 1981, No. 938, § 15; 1983, No. 222, § 5; A.S.A. 1947, § 13-503.13.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Division of Aeronautics Fund".

(b) The fund shall consist of those special revenues as specified in § 19-6-301(17) .

(c) The fund shall be used by the Division of Aeronautics for: (1) Distributing grants-in-aid to qualifying airports of the state as authorized by law; (2) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education; (3) The maintenance, operation, and improvement required in carrying out the functions, powers, and duties set out in § 27-114-101 et seq.; or (4) Carrying out other duties imposed by law upon the division, including without limitation the duties set out in § 27-115-110 .

(1) Distributing grants-in-aid to qualifying airports of the state as authorized by law;

(2) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education;

(A) The development of aeronautics;

(B) The promotion of aeronautics; or

(C) Aviation education;

(3) The maintenance, operation, and improvement required in carrying out the functions, powers, and duties set out in § 27-114-101 et seq.; or

(4) Carrying out other duties imposed by law upon the division, including without limitation the duties set out in § 27-115-110 .

Amended by Act 2019, No. 152,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 493, eff. 7/1/2019.

Acts 1973, No. 808, § 14; 1979, No. 1027, § 6; 1981, No. 938, § 15; 1983, No. 222, § 5; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-5-1052 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1052
Justice Building Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Justice Building Fund". (b) The Justice Building Fund shall consist of all moneys transferred or deposited from the State Administration of Justice Fund, there to be used exclusively by the Building Authority Division for the maintenance of the Arkansas Justice Building. Amended by Act 2019, No. 910,§ 6097, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 16, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 16, eff. 7/1/2015. Acts 1993, No. 1223, § 11; 1997, No. 1248, § 23; 2007, No. 186, § 4.

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

(b) The Justice Building Fund shall consist of all moneys transferred or deposited from the State Administration of Justice Fund, there to be used exclusively by the Building Authority Division for the maintenance of the Arkansas Justice Building.

Amended by Act 2019, No. 910,§ 6097, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 16, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 16, eff. 7/1/2015.

Acts 1993, No. 1223, § 11; 1997, No. 1248, § 23; 2007, No. 186, § 4.
Ark. Code Ann. § 19-5-985 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-985
Arkansas Medicaid Program Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Arkansas Medicaid Program Trust Fund". (b) (1) The fund shall consist of the following: (A) All revenues derived from taxes levied on soft drinks sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., there to be used exclusively for the state match of federal funds participation under the Arkansas Medicaid Program; (B) The additional ambulance annual fees stated in § 20-13-212 ; (C) The special revenues specified in §§ 19-6-301 (156) and 19-6-301 (236); (D) The amounts collected under §§ 26-57-604 and 26-57-605 above the forecasted level for insurance premium taxes set by the Chief Fiscal Officer of the State under § 10-3-1404(a)(1)(A) ; (E) The amount provided for in § 19-5-402(a)(3) ; and (F) Payments from surety bonds issued regarding risk-based provider organizations, as defined in § 20-77-2703 . (2) If the Arkansas Medicaid Program should be discontinued for any reason, the revenues derived from the soft drink tax levied in the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., and the funds described in subdivision (b)(1)(E) of this section shall be used exclusively to provide services to Arkansas residents comparable to the services now provided under the Arkansas Medicaid Program. Amended by Act 2017, No. 141,§ 2, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2013, No. 1224,§ 2, eff. 8/16/2013. Acts 1993, No. 1073, § 11; 1994 (2nd Ex. Sess.), No. 27, § 3; 1997, No. 1248, § 18; 2007, No. 1201, § 18.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Arkansas Medicaid Program Trust Fund".

(b) (1) The fund shall consist of the following: (A) All revenues derived from taxes levied on soft drinks sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., there to be used exclusively for the state match of federal funds participation under the Arkansas Medicaid Program; (B) The additional ambulance annual fees stated in § 20-13-212 ; (C) The special revenues specified in §§ 19-6-301 (156) and 19-6-301 (236); (D) The amounts collected under §§ 26-57-604 and 26-57-605 above the forecasted level for insurance premium taxes set by the Chief Fiscal Officer of the State under § 10-3-1404(a)(1)(A) ; (E) The amount provided for in § 19-5-402(a)(3) ; and (F) Payments from surety bonds issued regarding risk-based provider organizations, as defined in § 20-77-2703 . (2) If the Arkansas Medicaid Program should be discontinued for any reason, the revenues derived from the soft drink tax levied in the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., and the funds described in subdivision (b)(1)(E) of this section shall be used exclusively to provide services to Arkansas residents comparable to the services now provided under the Arkansas Medicaid Program.

(1) The fund shall consist of the following: (A) All revenues derived from taxes levied on soft drinks sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., there to be used exclusively for the state match of federal funds participation under the Arkansas Medicaid Program; (B) The additional ambulance annual fees stated in § 20-13-212 ; (C) The special revenues specified in §§ 19-6-301 (156) and 19-6-301 (236); (D) The amounts collected under §§ 26-57-604 and 26-57-605 above the forecasted level for insurance premium taxes set by the Chief Fiscal Officer of the State under § 10-3-1404(a)(1)(A) ; (E) The amount provided for in § 19-5-402(a)(3) ; and (F) Payments from surety bonds issued regarding risk-based provider organizations, as defined in § 20-77-2703 .

(A) All revenues derived from taxes levied on soft drinks sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., there to be used exclusively for the state match of federal funds participation under the Arkansas Medicaid Program;

(B) The additional ambulance annual fees stated in § 20-13-212 ;

(C) The special revenues specified in §§ 19-6-301 (156) and 19-6-301 (236);

(D) The amounts collected under §§ 26-57-604 and 26-57-605 above the forecasted level for insurance premium taxes set by the Chief Fiscal Officer of the State under § 10-3-1404(a)(1)(A) ;

(E) The amount provided for in § 19-5-402(a)(3) ; and

(F) Payments from surety bonds issued regarding risk-based provider organizations, as defined in § 20-77-2703 .

(2) If the Arkansas Medicaid Program should be discontinued for any reason, the revenues derived from the soft drink tax levied in the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., and the funds described in subdivision (b)(1)(E) of this section shall be used exclusively to provide services to Arkansas residents comparable to the services now provided under the Arkansas Medicaid Program.

Amended by Act 2017, No. 141,§ 2, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2013, No. 1224,§ 2, eff. 8/16/2013.

Acts 1993, No. 1073, § 11; 1994 (2nd Ex. Sess.), No. 27, § 3; 1997, No. 1248, § 18; 2007, No. 1201, § 18.
Ark. Code Ann. § 19-10-219 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-219
Small claims adjudication
Status: in_force

(a) (1) The Arkansas State Claims Commission may establish a small claims adjudication process for claims or actions seeking one thousand dollars ($1,000) or less. (2) The small claims adjudication process shall provide that claims or actions be given docket priority, and the use of informal discovery, hearings utilizing teleconferencing or other off-site communications technology, and relaxed procedural rules are encouraged to facilitate efficient and timely resolution. (b) (1) A claim or action seeking one thousand dollars ($1,000) or less may be: (A) Assigned to be heard by one (1) commissioner of the commission; and (B) Decided by the commissioner on the basis of the pleadings alone. (2) If a claimant objects to having the claim or action heard as a small claims adjudication under this section, the claimant may request that the claim or action be heard in the usual manner for similar claims or actions. (c) Before a proposed written final order of a small claims adjudication under this section is considered final for the purposes of award or appeal, the proposed written final order shall be reviewed by a panel consisting of: (1) The commissioner of the commission assigned to the claim or action; and (2) Two (2) other commissioners of the commission. Added by Act 2019, No. 785,§ 2, eff. 7/24/2019.

(a) (1) The Arkansas State Claims Commission may establish a small claims adjudication process for claims or actions seeking one thousand dollars ($1,000) or less. (2) The small claims adjudication process shall provide that claims or actions be given docket priority, and the use of informal discovery, hearings utilizing teleconferencing or other off-site communications technology, and relaxed procedural rules are encouraged to facilitate efficient and timely resolution.

(1) The Arkansas State Claims Commission may establish a small claims adjudication process for claims or actions seeking one thousand dollars ($1,000) or less.

(2) The small claims adjudication process shall provide that claims or actions be given docket priority, and the use of informal discovery, hearings utilizing teleconferencing or other off-site communications technology, and relaxed procedural rules are encouraged to facilitate efficient and timely resolution.

(b) (1) A claim or action seeking one thousand dollars ($1,000) or less may be: (A) Assigned to be heard by one (1) commissioner of the commission; and (B) Decided by the commissioner on the basis of the pleadings alone. (2) If a claimant objects to having the claim or action heard as a small claims adjudication under this section, the claimant may request that the claim or action be heard in the usual manner for similar claims or actions.

(1) A claim or action seeking one thousand dollars ($1,000) or less may be: (A) Assigned to be heard by one (1) commissioner of the commission; and (B) Decided by the commissioner on the basis of the pleadings alone.

(A) Assigned to be heard by one (1) commissioner of the commission; and

(B) Decided by the commissioner on the basis of the pleadings alone.

(2) If a claimant objects to having the claim or action heard as a small claims adjudication under this section, the claimant may request that the claim or action be heard in the usual manner for similar claims or actions.

(c) Before a proposed written final order of a small claims adjudication under this section is considered final for the purposes of award or appeal, the proposed written final order shall be reviewed by a panel consisting of: (1) The commissioner of the commission assigned to the claim or action; and (2) Two (2) other commissioners of the commission.

(1) The commissioner of the commission assigned to the claim or action; and

(2) Two (2) other commissioners of the commission.

Added by Act 2019, No. 785,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 19-6-108 — AR Code / Title 19 / Chapter 6 / Subchapter 1 / Section 19-6-108
Classifications of revenue
Status: in_force

All taxes, licenses, fees, permits, assessments, royalties, leases, rents, fines, interest, penalties, or other governmental income available to the State of Arkansas, which are required by law to be deposited into the State Treasury, shall be classified under one (1) or more of the following: (1) General revenues; (2) Special revenues; (3) Trust fund income; (4) Federal grants, aids, and reimbursements; and (5) Nonrevenue receipts. Acts 1973, No. 808, § 6; A.S.A. 1947, § 13-503.5.

All taxes, licenses, fees, permits, assessments, royalties, leases, rents, fines, interest, penalties, or other governmental income available to the State of Arkansas, which are required by law to be deposited into the State Treasury, shall be classified under one (1) or more of the following:

(1) General revenues;

(2) Special revenues;

(3) Trust fund income;

(4) Federal grants, aids, and reimbursements; and

(5) Nonrevenue receipts.

Acts 1973, No. 808, § 6; A.S.A. 1947, § 13-503.5.
Ark. Code Ann. § 19-11-211 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-211
Obligation of "good faith"
Status: in_force

Every contract or duty within this subchapter imposes an obligation of good faith in its performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. Acts 1979, No. 482, § 6; A.S.A. 1947, § 14-236.

Every contract or duty within this subchapter imposes an obligation of good faith in its performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

Acts 1979, No. 482, § 6; A.S.A. 1947, § 14-236.
Ark. Code Ann. § 19-5-1159 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1159
Arkansas Self-Funded Cyber Response Program Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Self-Funded Cyber Response Program Trust Fund". (b) The fund shall consist of: (1) All moneys received by the Arkansas Cyber Response Board for the Arkansas Self-Funded Cyber Response Program, including: (A) Premiums collected by the Arkansas Cyber Response Board under this subchapter; and (B) Restitution, interest payments, grants, gifts, and refunds; and (2) All income derived through investment of the fund. (c) (1) The fund shall be administered by and disbursed at the direction of the Arkansas Cyber Response Board. (2) Moneys shall not be appropriated from the fund for any purpose except for: (A) The use and benefit of participating governmental entities for claims; and (B) Expenses of the Arkansas Cyber Response Board, including without limitation travel expenses, actuarial fees, consultant expenses, and service contract fees. (3) The assets of the fund may be invested and reinvested as the Arkansas Cyber Response Board may determine with the advice of the State Board of Finance. (4) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under the State Treasury Management Law, § 19-3-501 et seq. (5) All moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment. Added by Act 2023, No. 846,§ 1, eff. 8/1/2023.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas Self-Funded Cyber Response Program Trust Fund".

(b) The fund shall consist of: (1) All moneys received by the Arkansas Cyber Response Board for the Arkansas Self-Funded Cyber Response Program, including: (A) Premiums collected by the Arkansas Cyber Response Board under this subchapter; and (B) Restitution, interest payments, grants, gifts, and refunds; and (2) All income derived through investment of the fund.

(1) All moneys received by the Arkansas Cyber Response Board for the Arkansas Self-Funded Cyber Response Program, including: (A) Premiums collected by the Arkansas Cyber Response Board under this subchapter; and (B) Restitution, interest payments, grants, gifts, and refunds; and

(A) Premiums collected by the Arkansas Cyber Response Board under this subchapter; and

(B) Restitution, interest payments, grants, gifts, and refunds; and

(2) All income derived through investment of the fund.

(c) (1) The fund shall be administered by and disbursed at the direction of the Arkansas Cyber Response Board. (2) Moneys shall not be appropriated from the fund for any purpose except for: (A) The use and benefit of participating governmental entities for claims; and (B) Expenses of the Arkansas Cyber Response Board, including without limitation travel expenses, actuarial fees, consultant expenses, and service contract fees. (3) The assets of the fund may be invested and reinvested as the Arkansas Cyber Response Board may determine with the advice of the State Board of Finance. (4) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under the State Treasury Management Law, § 19-3-501 et seq. (5) All moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

(1) The fund shall be administered by and disbursed at the direction of the Arkansas Cyber Response Board.

(2) Moneys shall not be appropriated from the fund for any purpose except for: (A) The use and benefit of participating governmental entities for claims; and (B) Expenses of the Arkansas Cyber Response Board, including without limitation travel expenses, actuarial fees, consultant expenses, and service contract fees.

(A) The use and benefit of participating governmental entities for claims; and

(B) Expenses of the Arkansas Cyber Response Board, including without limitation travel expenses, actuarial fees, consultant expenses, and service contract fees.

(3) The assets of the fund may be invested and reinvested as the Arkansas Cyber Response Board may determine with the advice of the State Board of Finance.

(4) For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under the State Treasury Management Law, § 19-3-501 et seq.

(5) All moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

Added by Act 2023, No. 846,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 19-8-111 — AR Code / Title 19 / Chapter 8 / Subchapter 1 / Section 19-8-111
Additional authority for investment of public funds - Definition
Status: in_force

(a) Notwithstanding any law to the contrary, including §§ 19-8-103 and 19-8-105 , the state or local government and any trusts established under the Local Government Joint Investment Trust Act, § 19-8-301 et seq., may invest public funds through an eligible bank under § 19-8-105 if: (1) The bank arranges for the deposit of all or a portion of the funds into one (1) or more banks or savings and loan associations located inside the United States for the account of the state or local government or trust; (2) Each deposit is insured by the Federal Deposit Insurance Corporation for one hundred percent (100%) of the principal and accrued interest of the deposit; (3) The bank acts as custodian of the deposits made for the account of the state or local government or trust and, as custodian, is charged with the care of the deposits and their segregation in appropriate records reflecting the total principal amount of the deposits for each custodial account; and (4) On the date the funds are deposited according to subdivision (a)(1) of this section, the bank receives an amount of deposits from customers of other financial institutions located inside the United States that is equal to or greater than the amount of the funds invested by the state or local government or trust. (b) For any investment of public funds under this section, the provisions of §§ 19-8-106 and 19-8-107 apply only to the eligible bank selected under subsection (a) of this section. (c) Additional security shall not be required for investments of public funds under this section. (d) As used in this section, "local government" means any city, county, town, or other political subdivision of the State of Arkansas, including, but not limited to, any: (1) School district or community college district; (2) Improvement or other taxing or assessing district; (3) Department, instrumentality, or agency of any city, county, or other political subdivision, including, but not limited to, any local fire and police pension or relief funds; and (4) Local government association as defined in § 19-8-303 . Amended by Act 2013, No. 458,§ 1, eff. 3/21/2013. Acts 2005, No. 86, § 1.

(a) Notwithstanding any law to the contrary, including §§ 19-8-103 and 19-8-105 , the state or local government and any trusts established under the Local Government Joint Investment Trust Act, § 19-8-301 et seq., may invest public funds through an eligible bank under § 19-8-105 if: (1) The bank arranges for the deposit of all or a portion of the funds into one (1) or more banks or savings and loan associations located inside the United States for the account of the state or local government or trust; (2) Each deposit is insured by the Federal Deposit Insurance Corporation for one hundred percent (100%) of the principal and accrued interest of the deposit; (3) The bank acts as custodian of the deposits made for the account of the state or local government or trust and, as custodian, is charged with the care of the deposits and their segregation in appropriate records reflecting the total principal amount of the deposits for each custodial account; and (4) On the date the funds are deposited according to subdivision (a)(1) of this section, the bank receives an amount of deposits from customers of other financial institutions located inside the United States that is equal to or greater than the amount of the funds invested by the state or local government or trust.

(1) The bank arranges for the deposit of all or a portion of the funds into one (1) or more banks or savings and loan associations located inside the United States for the account of the state or local government or trust;

(2) Each deposit is insured by the Federal Deposit Insurance Corporation for one hundred percent (100%) of the principal and accrued interest of the deposit;

(3) The bank acts as custodian of the deposits made for the account of the state or local government or trust and, as custodian, is charged with the care of the deposits and their segregation in appropriate records reflecting the total principal amount of the deposits for each custodial account; and

(4) On the date the funds are deposited according to subdivision (a)(1) of this section, the bank receives an amount of deposits from customers of other financial institutions located inside the United States that is equal to or greater than the amount of the funds invested by the state or local government or trust.

(b) For any investment of public funds under this section, the provisions of §§ 19-8-106 and 19-8-107 apply only to the eligible bank selected under subsection (a) of this section.

(c) Additional security shall not be required for investments of public funds under this section.

(d) As used in this section, "local government" means any city, county, town, or other political subdivision of the State of Arkansas, including, but not limited to, any: (1) School district or community college district; (2) Improvement or other taxing or assessing district; (3) Department, instrumentality, or agency of any city, county, or other political subdivision, including, but not limited to, any local fire and police pension or relief funds; and (4) Local government association as defined in § 19-8-303 .

(1) School district or community college district;

(2) Improvement or other taxing or assessing district;

(3) Department, instrumentality, or agency of any city, county, or other political subdivision, including, but not limited to, any local fire and police pension or relief funds; and

(4) Local government association as defined in § 19-8-303 .

Amended by Act 2013, No. 458,§ 1, eff. 3/21/2013.

Acts 2005, No. 86, § 1.
Ark. Code Ann. § 19-11-802 — AR Code / Title 19 / Chapter 11 / Subchapter 8 / Section 19-11-802
Annual statements of qualifications and performance data - Restrictions on competitive bidding
Status: in_force

(a) In the procurement of professional services, a state agency or political subdivision which utilizes these services may encourage firms engaged in the lawful practice of these professions to submit annual statements of qualifications and performance data to the political subdivision or may request such information as needed for a particular public project. (b) The state agency or political subdivision shall evaluate current statements of qualifications and performance data of firms on file or may request such information as needed for a particular public project whenever a project requiring professional services is proposed. (c) (1) The political subdivision shall not use competitive bidding for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consulting services. (2) A political subdivision shall not use competitive bidding for the procurement of other professional services with a two-thirds (2/3) vote of its governing body. (d) (1) A public school district that utilizes construction management services shall encourage construction management firms to submit to the school district annual statements of qualifications and performance data or may request such information as needed for a particular public project. (2) The public school district shall evaluate current statements of qualifications and performance data on file with the school district or when submitted as requested whenever a project requiring professional services of a construction manager is proposed. (3) The public school district shall not use competitive bidding for the procurement of professional services of a construction manager. (e) (1) A request for statements of qualifications and performance data under this section may be used for certain procurements through a request for qualifications other than legal, architectural, engineering, construction management, land surveying, and interior design services if the: (A) State Procurement Director approves the use of a request for qualifications and determines that it is the most suitable method of procurement; and (B) Approval of the director under subdivision (e)(1)(A) of this section is submitted to the Legislative Council for review. (2) In determining whether a request for qualifications under this subsection is the most suitable method of procurement, the director shall consider, based on information submitted by the requesting state agency: (A) Why the request for qualifications is the most suitable method of procurement; (B) Why cost should not be considered in the procurement; and (C) How the cost of the contract will be controlled if cost is not a factor in the procurement. Amended by Act 2019, No. 419,§ 13, eff. 7/24/2019. Acts 1989, No. 616, § 2; 1995, No. 429, § 2; 1995, No. 1331, § 2; 2003, No. 1315, § 9; 2005, No. 2171, § 2.

(a) In the procurement of professional services, a state agency or political subdivision which utilizes these services may encourage firms engaged in the lawful practice of these professions to submit annual statements of qualifications and performance data to the political subdivision or may request such information as needed for a particular public project.

(b) The state agency or political subdivision shall evaluate current statements of qualifications and performance data of firms on file or may request such information as needed for a particular public project whenever a project requiring professional services is proposed.

(c) (1) The political subdivision shall not use competitive bidding for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consulting services. (2) A political subdivision shall not use competitive bidding for the procurement of other professional services with a two-thirds (2/3) vote of its governing body.

(1) The political subdivision shall not use competitive bidding for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consulting services.

(2) A political subdivision shall not use competitive bidding for the procurement of other professional services with a two-thirds (2/3) vote of its governing body.

(d) (1) A public school district that utilizes construction management services shall encourage construction management firms to submit to the school district annual statements of qualifications and performance data or may request such information as needed for a particular public project. (2) The public school district shall evaluate current statements of qualifications and performance data on file with the school district or when submitted as requested whenever a project requiring professional services of a construction manager is proposed. (3) The public school district shall not use competitive bidding for the procurement of professional services of a construction manager.

(1) A public school district that utilizes construction management services shall encourage construction management firms to submit to the school district annual statements of qualifications and performance data or may request such information as needed for a particular public project.

(2) The public school district shall evaluate current statements of qualifications and performance data on file with the school district or when submitted as requested whenever a project requiring professional services of a construction manager is proposed.

(3) The public school district shall not use competitive bidding for the procurement of professional services of a construction manager.

(e) (1) A request for statements of qualifications and performance data under this section may be used for certain procurements through a request for qualifications other than legal, architectural, engineering, construction management, land surveying, and interior design services if the: (A) State Procurement Director approves the use of a request for qualifications and determines that it is the most suitable method of procurement; and (B) Approval of the director under subdivision (e)(1)(A) of this section is submitted to the Legislative Council for review. (2) In determining whether a request for qualifications under this subsection is the most suitable method of procurement, the director shall consider, based on information submitted by the requesting state agency: (A) Why the request for qualifications is the most suitable method of procurement; (B) Why cost should not be considered in the procurement; and (C) How the cost of the contract will be controlled if cost is not a factor in the procurement.

(1) A request for statements of qualifications and performance data under this section may be used for certain procurements through a request for qualifications other than legal, architectural, engineering, construction management, land surveying, and interior design services if the: (A) State Procurement Director approves the use of a request for qualifications and determines that it is the most suitable method of procurement; and (B) Approval of the director under subdivision (e)(1)(A) of this section is submitted to the Legislative Council for review.

(A) State Procurement Director approves the use of a request for qualifications and determines that it is the most suitable method of procurement; and

(B) Approval of the director under subdivision (e)(1)(A) of this section is submitted to the Legislative Council for review.

(2) In determining whether a request for qualifications under this subsection is the most suitable method of procurement, the director shall consider, based on information submitted by the requesting state agency: (A) Why the request for qualifications is the most suitable method of procurement; (B) Why cost should not be considered in the procurement; and (C) How the cost of the contract will be controlled if cost is not a factor in the procurement.

(A) Why the request for qualifications is the most suitable method of procurement;

(B) Why cost should not be considered in the procurement; and

(C) How the cost of the contract will be controlled if cost is not a factor in the procurement.

Amended by Act 2019, No. 419,§ 13, eff. 7/24/2019.

Acts 1989, No. 616, § 2; 1995, No. 429, § 2; 1995, No. 1331, § 2; 2003, No. 1315, § 9; 2005, No. 2171, § 2.
Ark. Code Ann. § 19-4-104 — AR Code / Title 19 / Chapter 4 / Subchapter 1 / Section 19-4-104
Rules
Status: in_force

The Chief Fiscal Officer of the State is empowered to make, amend, and enforce such reasonable rules, not inconsistent with law, as he or she shall deem necessary and proper to effectively carry out the provisions of this chapter and the public policy as set forth in § 19-4-102 . Rules promulgated shall be published in an administrative procedures manual and distributed to the various state agencies. Amended by Act 2019, No. 315,§ 1707, eff. 7/24/2019. Acts 1973, No. 876, § 28; A.S.A. 1947, § 13-354.

The Chief Fiscal Officer of the State is empowered to make, amend, and enforce such reasonable rules, not inconsistent with law, as he or she shall deem necessary and proper to effectively carry out the provisions of this chapter and the public policy as set forth in § 19-4-102 . Rules promulgated shall be published in an administrative procedures manual and distributed to the various state agencies.

Amended by Act 2019, No. 315,§ 1707, eff. 7/24/2019.

Acts 1973, No. 876, § 28; A.S.A. 1947, § 13-354.
Ark. Code Ann. § 19-1-405 — AR Code / Title 19 / Chapter 1 / Subchapter 4 / Section 19-1-405
State agency employees as disbursing agents
Status: in_force

(a) (1) In the event the executive head of any state agency designates some full-time employee to act as his or her agent in the disbursement of funds under his or her control, the agent shall furnish additional bond to be fixed by the Secretary of the Department of Finance and Administration. (2) The executive head of the state agency shall notify the secretary and the Auditor of State in writing of the designation and shall furnish to the secretary and the Auditor of State a sample of the signature of the agent. (b) In the event appropriations are made available to a state agency or to a nongovernment agency or activity and no disbursing agent is provided for by law, then the secretary and the Auditor of State shall designate a person to act as disbursing agent and fix the amount of bond for such purposes. Amended by Act 2019, No. 910,§ 3441, eff. 7/1/2019. Acts 1975, No. 677, § 3; A.S.A. 1947, § 13-412.2.

(a) (1) In the event the executive head of any state agency designates some full-time employee to act as his or her agent in the disbursement of funds under his or her control, the agent shall furnish additional bond to be fixed by the Secretary of the Department of Finance and Administration. (2) The executive head of the state agency shall notify the secretary and the Auditor of State in writing of the designation and shall furnish to the secretary and the Auditor of State a sample of the signature of the agent.

(1) In the event the executive head of any state agency designates some full-time employee to act as his or her agent in the disbursement of funds under his or her control, the agent shall furnish additional bond to be fixed by the Secretary of the Department of Finance and Administration.

(2) The executive head of the state agency shall notify the secretary and the Auditor of State in writing of the designation and shall furnish to the secretary and the Auditor of State a sample of the signature of the agent.

(b) In the event appropriations are made available to a state agency or to a nongovernment agency or activity and no disbursing agent is provided for by law, then the secretary and the Auditor of State shall designate a person to act as disbursing agent and fix the amount of bond for such purposes.

Amended by Act 2019, No. 910,§ 3441, eff. 7/1/2019.

Acts 1975, No. 677, § 3; A.S.A. 1947, § 13-412.2.
Ark. Code Ann. § 19-7-606 — AR Code / Title 19 / Chapter 7 / Subchapter 6 / Section 19-7-606
Transfer of reimbursements
Status: in_force

The Secretary of the Department of Human Services is authorized to transfer from the Department of Human Services federal funds as designated by the Chief Fiscal Officer of the State to the appropriate state fund account those federal funds recovered as reimbursement for indirect costs which are not required to be transferred to the Constitutional Officers Fund or State Central Services Fund pursuant to this subchapter. Amended by Act 2019, No. 910,§ 5166, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 44, § 9.

The Secretary of the Department of Human Services is authorized to transfer from the Department of Human Services federal funds as designated by the Chief Fiscal Officer of the State to the appropriate state fund account those federal funds recovered as reimbursement for indirect costs which are not required to be transferred to the Constitutional Officers Fund or State Central Services Fund pursuant to this subchapter.

Amended by Act 2019, No. 910,§ 5166, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 44, § 9.
Ark. Code Ann. § 19-6-489 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-489
Specialty Court Program Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Specialty Court Program Fund". (b) The fund shall consist of the specialty court program user fees under § 16-10-701 and any other moneys provided by law. (c) The fund shall be used exclusively for: (1) Treatment services provided by the Department of Community Correction as defined by and distributed under § 16-98-305(1)(E) ; (2) Treatment services provided by the Department of Human Services as defined by and distributed under § 16-98-305(2)(C) ; (3) The cost of the evaluation of specialty court programs by the Specialty Court Program Advisory Committee as required under § 16-10-139 ; and (4) Drug and mental health crisis intervention centers. Amended by Act 2015, No. 895,§ 45, eff. 4/1/2015. Acts 2003, No. 1266, § 4.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Specialty Court Program Fund".

(b) The fund shall consist of the specialty court program user fees under § 16-10-701 and any other moneys provided by law.

(c) The fund shall be used exclusively for: (1) Treatment services provided by the Department of Community Correction as defined by and distributed under § 16-98-305(1)(E) ; (2) Treatment services provided by the Department of Human Services as defined by and distributed under § 16-98-305(2)(C) ; (3) The cost of the evaluation of specialty court programs by the Specialty Court Program Advisory Committee as required under § 16-10-139 ; and (4) Drug and mental health crisis intervention centers.

(1) Treatment services provided by the Department of Community Correction as defined by and distributed under § 16-98-305(1)(E) ;

(2) Treatment services provided by the Department of Human Services as defined by and distributed under § 16-98-305(2)(C) ;

(3) The cost of the evaluation of specialty court programs by the Specialty Court Program Advisory Committee as required under § 16-10-139 ; and

(4) Drug and mental health crisis intervention centers.

Amended by Act 2015, No. 895,§ 45, eff. 4/1/2015.

Acts 2003, No. 1266, § 4.
Ark. Code Ann. § 19-3-506 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-506
Custodian of moneys and securities - Internal controls - Annual audit
Status: in_force

(a) (1) The Treasurer of State shall: (A) Be custodian of all moneys, securities, and certificates of deposit at any time held in the State Treasury; and (B) Maintain all moneys and securities consistent with generally accepted accounting principles. (2) However, control of the disposition of securities is vested in the respective administrators of the several trust accounts for whom the securities are held. (b) To ensure the financial integrity of the State Treasury, the Treasurer of State shall: (1) Establish and maintain effective internal controls over financial reporting and record keeping, including the monitoring of ongoing activities, and comply with the Arkansas Constitution and applicable laws, rules, contracts, and agreements; (2) Establish and maintain effective internal controls to prevent and detect fraud; (3) With respect to State Treasury funds or other public funds, notify Arkansas Legislative Audit of all known fraud or suspected fraud or all known or suspected illegal acts involving the management or other employees of the Treasurer of State, the State Board of Finance, a bank depository, an investment depository, or a securities broker; (4) Inform Arkansas Legislative Audit and the Chief Fiscal Officer of the State of any known material violations of the Arkansas Constitution or applicable statutes, rules, contracts, or agreements; (5) Prepare records and reports in accordance with guidelines and timelines established by the Chief Fiscal Officer of the State to permit incorporation into the state's financial statements and to permit the audit of the state's financial statements and the records, reports, and financial statements of the Treasurer of State in a timely manner; and (6) Make all financial records and related information available to Arkansas Legislative Audit, including the identification of significant personal or financial relationships between a director, officer, or employee of a bank depository, investment depository, or securities broker and an officer or employee of the Treasurer of State or board. Amended by Act 2017, No. 263,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) (1) The Treasurer of State shall: (A) Be custodian of all moneys, securities, and certificates of deposit at any time held in the State Treasury; and (B) Maintain all moneys and securities consistent with generally accepted accounting principles. (2) However, control of the disposition of securities is vested in the respective administrators of the several trust accounts for whom the securities are held.

(1) The Treasurer of State shall: (A) Be custodian of all moneys, securities, and certificates of deposit at any time held in the State Treasury; and (B) Maintain all moneys and securities consistent with generally accepted accounting principles.

(A) Be custodian of all moneys, securities, and certificates of deposit at any time held in the State Treasury; and

(B) Maintain all moneys and securities consistent with generally accepted accounting principles.

(2) However, control of the disposition of securities is vested in the respective administrators of the several trust accounts for whom the securities are held.

(b) To ensure the financial integrity of the State Treasury, the Treasurer of State shall: (1) Establish and maintain effective internal controls over financial reporting and record keeping, including the monitoring of ongoing activities, and comply with the Arkansas Constitution and applicable laws, rules, contracts, and agreements; (2) Establish and maintain effective internal controls to prevent and detect fraud; (3) With respect to State Treasury funds or other public funds, notify Arkansas Legislative Audit of all known fraud or suspected fraud or all known or suspected illegal acts involving the management or other employees of the Treasurer of State, the State Board of Finance, a bank depository, an investment depository, or a securities broker; (4) Inform Arkansas Legislative Audit and the Chief Fiscal Officer of the State of any known material violations of the Arkansas Constitution or applicable statutes, rules, contracts, or agreements; (5) Prepare records and reports in accordance with guidelines and timelines established by the Chief Fiscal Officer of the State to permit incorporation into the state's financial statements and to permit the audit of the state's financial statements and the records, reports, and financial statements of the Treasurer of State in a timely manner; and (6) Make all financial records and related information available to Arkansas Legislative Audit, including the identification of significant personal or financial relationships between a director, officer, or employee of a bank depository, investment depository, or securities broker and an officer or employee of the Treasurer of State or board.

(1) Establish and maintain effective internal controls over financial reporting and record keeping, including the monitoring of ongoing activities, and comply with the Arkansas Constitution and applicable laws, rules, contracts, and agreements;

(2) Establish and maintain effective internal controls to prevent and detect fraud;

(3) With respect to State Treasury funds or other public funds, notify Arkansas Legislative Audit of all known fraud or suspected fraud or all known or suspected illegal acts involving the management or other employees of the Treasurer of State, the State Board of Finance, a bank depository, an investment depository, or a securities broker;

(4) Inform Arkansas Legislative Audit and the Chief Fiscal Officer of the State of any known material violations of the Arkansas Constitution or applicable statutes, rules, contracts, or agreements;

(5) Prepare records and reports in accordance with guidelines and timelines established by the Chief Fiscal Officer of the State to permit incorporation into the state's financial statements and to permit the audit of the state's financial statements and the records, reports, and financial statements of the Treasurer of State in a timely manner; and

(6) Make all financial records and related information available to Arkansas Legislative Audit, including the identification of significant personal or financial relationships between a director, officer, or employee of a bank depository, investment depository, or securities broker and an officer or employee of the Treasurer of State or board.

Amended by Act 2017, No. 263,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-6-410 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-410
Oil and gas commission fund
Status: in_force

The Oil and Gas Commission Fund shall consist of those special revenues as specified in § 19-6-301(62) , (111), and (275) and § 14-1-606 , there to be used for: (1) The maintenance, operation, and improvement required by the Oil and Gas Commission in carrying out the functions, powers, and duties as set out in § 15-72-101 et seq., § 23-119-101 et seq.; and other applicable law; (2) Payment of expenses of the Office of the State Geologist under § 15-71-107(b)(2)(B) ; or (3) Other duties imposed by law upon the commission. Amended by Act 2024, No. 174,§ 5, eff. 5/3/2024. Amended by Act 2024, No. 173,§ 7, eff. 5/3/2024. Amended by Act 2023, No. 697,§ 17, eff. 7/1/2023. Acts 1973, No. 808, § 14; 1983, No. 222, § 5; 1983, No. 801, § 2; A.S.A. 1947, § 13-503.13.

The Oil and Gas Commission Fund shall consist of those special revenues as specified in § 19-6-301(62) , (111), and (275) and § 14-1-606 , there to be used for:

(1) The maintenance, operation, and improvement required by the Oil and Gas Commission in carrying out the functions, powers, and duties as set out in § 15-72-101 et seq., § 23-119-101 et seq.; and other applicable law;

(2) Payment of expenses of the Office of the State Geologist under § 15-71-107(b)(2)(B) ; or

(3) Other duties imposed by law upon the commission.

Amended by Act 2024, No. 174,§ 5, eff. 5/3/2024.

Amended by Act 2024, No. 173,§ 7, eff. 5/3/2024.

Amended by Act 2023, No. 697,§ 17, eff. 7/1/2023.

Acts 1973, No. 808, § 14; 1983, No. 222, § 5; 1983, No. 801, § 2; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-9-602 — AR Code / Title 19 / Chapter 9 / Subchapter 6 / Section 19-9-602
Legislative determination
Status: in_force

The people of the State of Arkansas, by the adoption of Arkansas Constitution, Amendment 65, have expressed their intention to provide governmental units expanded power and authority with respect to the creation of bonded indebtedness for capital improvements of a public nature, facilities for the securing and developing of industry or agriculture, and other purposes as defined and prescribed by the General Assembly. Acts 1987, No. 852, § 2.

The people of the State of Arkansas, by the adoption of Arkansas Constitution, Amendment 65, have expressed their intention to provide governmental units expanded power and authority with respect to the creation of bonded indebtedness for capital improvements of a public nature, facilities for the securing and developing of industry or agriculture, and other purposes as defined and prescribed by the General Assembly.

Acts 1987, No. 852, § 2.
Ark. Code Ann. § 19-4-803 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-803
Exemptions
Status: in_force

(a) The following are exempt from this subchapter: (1) Funds required by the terms of a bond indenture to be held by paying agents for the payment of interest and principal on such bonds; (2) Petty cash funds held by the various state agencies; (3) Memorials, endowments, bequests, gifts, and donations made to any state agency other than for normal operation of the agency; (4) Canteen funds of state agencies other than institutions of higher education, wherein the profits earned are used for the benefit of the people served by that agency through the purchase of services or goods other than normal salary or maintenance expenses of the agency; (5) The Benefit Fund of the Division of Workforce Services; (6) The Revenue Bond Guaranty Reserve Account of the Arkansas Economic Development Council; (7) The Illegal Drug Purchase Account and the Confidential Accounts of the Division of Arkansas State Police; (8) Patient funds, when the institution is acting in a trust capacity or when the funds are utilized for patient activities other than normal agency-provided services; (9) The State Treasury Money Management Trust; and (10) Any other funds determined by the Chief Fiscal Officer of the State or the General Assembly, to be held in trust and on deposit in a financial institution other than the State Treasury. (b) The Division of Correction Plasma Center [abolished] is exempt from provisions of this subchapter. (c) The Arkansas Comprehensive Health Insurance Pool, created under the Comprehensive Health Insurance Pool Act, § 23-79-501 et seq., and its board of directors, and the Arkansas Property and Casualty Insurance Guaranty Fund and its advisory association, referenced under the Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq., and the Arkansas Life and Health Insurance Guaranty Association and its board of directors, referenced under the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq., are hereby exempt from the provisions of this subchapter. (d) The Tobacco Settlement Cash Holding Fund administered by the State Board of Finance shall be exempt from the provisions of this subchapter. Amended by Act 2019, No. 910,§ 975, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 974, eff. 7/1/2019. Amended by Act 2017, No. 296,§ 3, eff. 2/28/2017. Amended by Act 2013, No. 1146,§ 1, eff. 8/16/2013. Acts 1975, No. 5, § 7; 1975, No. 265, § 1; 1977, No. 713, § 14; A.S.A. 1947, §§ 13-356.1, 13-362; Acts 1997, No. 540, § 39; 1997, No. 1000, § 17; 1997, No. 1179, § 3; Init. Meas. 2000, No. 1, § 19; Acts 2009, No. 251, § 10.

(a) The following are exempt from this subchapter: (1) Funds required by the terms of a bond indenture to be held by paying agents for the payment of interest and principal on such bonds; (2) Petty cash funds held by the various state agencies; (3) Memorials, endowments, bequests, gifts, and donations made to any state agency other than for normal operation of the agency; (4) Canteen funds of state agencies other than institutions of higher education, wherein the profits earned are used for the benefit of the people served by that agency through the purchase of services or goods other than normal salary or maintenance expenses of the agency; (5) The Benefit Fund of the Division of Workforce Services; (6) The Revenue Bond Guaranty Reserve Account of the Arkansas Economic Development Council; (7) The Illegal Drug Purchase Account and the Confidential Accounts of the Division of Arkansas State Police; (8) Patient funds, when the institution is acting in a trust capacity or when the funds are utilized for patient activities other than normal agency-provided services; (9) The State Treasury Money Management Trust; and (10) Any other funds determined by the Chief Fiscal Officer of the State or the General Assembly, to be held in trust and on deposit in a financial institution other than the State Treasury.

(1) Funds required by the terms of a bond indenture to be held by paying agents for the payment of interest and principal on such bonds;

(2) Petty cash funds held by the various state agencies;

(3) Memorials, endowments, bequests, gifts, and donations made to any state agency other than for normal operation of the agency;

(4) Canteen funds of state agencies other than institutions of higher education, wherein the profits earned are used for the benefit of the people served by that agency through the purchase of services or goods other than normal salary or maintenance expenses of the agency;

(5) The Benefit Fund of the Division of Workforce Services;

(6) The Revenue Bond Guaranty Reserve Account of the Arkansas Economic Development Council;

(7) The Illegal Drug Purchase Account and the Confidential Accounts of the Division of Arkansas State Police;

(8) Patient funds, when the institution is acting in a trust capacity or when the funds are utilized for patient activities other than normal agency-provided services;

(9) The State Treasury Money Management Trust; and

(10) Any other funds determined by the Chief Fiscal Officer of the State or the General Assembly, to be held in trust and on deposit in a financial institution other than the State Treasury.

(b) The Division of Correction Plasma Center [abolished] is exempt from provisions of this subchapter.

(c) The Arkansas Comprehensive Health Insurance Pool, created under the Comprehensive Health Insurance Pool Act, § 23-79-501 et seq., and its board of directors, and the Arkansas Property and Casualty Insurance Guaranty Fund and its advisory association, referenced under the Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq., and the Arkansas Life and Health Insurance Guaranty Association and its board of directors, referenced under the Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq., are hereby exempt from the provisions of this subchapter.

(d) The Tobacco Settlement Cash Holding Fund administered by the State Board of Finance shall be exempt from the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 975, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 974, eff. 7/1/2019.

Amended by Act 2017, No. 296,§ 3, eff. 2/28/2017.

Amended by Act 2013, No. 1146,§ 1, eff. 8/16/2013.

Acts 1975, No. 5, § 7; 1975, No. 265, § 1; 1977, No. 713, § 14; A.S.A. 1947, §§ 13-356.1, 13-362; Acts 1997, No. 540, § 39; 1997, No. 1000, § 17; 1997, No. 1179, § 3; Init. Meas. 2000, No. 1, § 19; Acts 2009, No. 251, § 10.
Ark. Code Ann. § 19-5-918 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-918
Arkansas State Highway Employees' Retirement System Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas State Highway Employees' Retirement System Fund". (b) The fund shall consist of trust funds as provided by law. (c) The fund shall be used for: (1) The payment of retirement and disability benefits to members of the Arkansas State Highway Employees' Retirement System; (2) Refunds to members of the system; (3) Investment purposes; and (4) Such other purposes as may be authorized by law. Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Arkansas State Highway Employees' Retirement System Fund".

(b) The fund shall consist of trust funds as provided by law.

(c) The fund shall be used for: (1) The payment of retirement and disability benefits to members of the Arkansas State Highway Employees' Retirement System; (2) Refunds to members of the system; (3) Investment purposes; and (4) Such other purposes as may be authorized by law.

(1) The payment of retirement and disability benefits to members of the Arkansas State Highway Employees' Retirement System;

(2) Refunds to members of the system;

(3) Investment purposes; and

(4) Such other purposes as may be authorized by law.

Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-11-1008 — AR Code / Title 19 / Chapter 11 / Subchapter 10 / Section 19-11-1008
Approval or disapproval of contracts
Status: in_force

(a) The State Procurement Director may make whatever additional inquiry he or she deems necessary and may require that additional information be supplied if he or she has reason to believe that the contract should be rejected because it does not comply with this subchapter. (b) The director shall return to the contracting state agency any contract which fails to comply with the applicable laws and rules governing the contract and shall approve any contract that complies with this subchapter. (c) (1) The director shall have final and ultimate authority over the supervision and approval of all contracts described in this subchapter. (2) However, the director shall seek review of the Legislative Council or the Joint Budget Committee before approving or disapproving any contract or class or group of contracts authorized under this subchapter, unless the Legislative Council or Joint Budget Committee specifically exempts the contract or class or group of contracts by formal committee action. Amended by Act 2019, No. 315,§ 1796, eff. 7/24/2019. Acts 2003, No. 1315, § 13.

(a) The State Procurement Director may make whatever additional inquiry he or she deems necessary and may require that additional information be supplied if he or she has reason to believe that the contract should be rejected because it does not comply with this subchapter.

(b) The director shall return to the contracting state agency any contract which fails to comply with the applicable laws and rules governing the contract and shall approve any contract that complies with this subchapter.

(c) (1) The director shall have final and ultimate authority over the supervision and approval of all contracts described in this subchapter. (2) However, the director shall seek review of the Legislative Council or the Joint Budget Committee before approving or disapproving any contract or class or group of contracts authorized under this subchapter, unless the Legislative Council or Joint Budget Committee specifically exempts the contract or class or group of contracts by formal committee action.

(1) The director shall have final and ultimate authority over the supervision and approval of all contracts described in this subchapter.

(2) However, the director shall seek review of the Legislative Council or the Joint Budget Committee before approving or disapproving any contract or class or group of contracts authorized under this subchapter, unless the Legislative Council or Joint Budget Committee specifically exempts the contract or class or group of contracts by formal committee action.

Amended by Act 2019, No. 315,§ 1796, eff. 7/24/2019.

Acts 2003, No. 1315, § 13.
Ark. Code Ann. § 19-7-702 — AR Code / Title 19 / Chapter 7 / Subchapter 7 / Section 19-7-702
Minimum program standards
Status: in_force

(a) In order to unify and consolidate standards for services of clients under programs funded by Title XX Social Security funds, the Director of the Department of Human Services shall establish, by July 1, 1980, minimum program standards for the services provided by all government or private agencies under Title XX. (b) In developing these standards, the director will consult with such other agencies, organizations, or individuals as may be appropriate. (c) These standards may be amended by the director from time to time, provided that the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., are complied with. Acts 1981, No. 538, § 5; A.S.A. 1947, § 13-744.

(a) In order to unify and consolidate standards for services of clients under programs funded by Title XX Social Security funds, the Director of the Department of Human Services shall establish, by July 1, 1980, minimum program standards for the services provided by all government or private agencies under Title XX.

(b) In developing these standards, the director will consult with such other agencies, organizations, or individuals as may be appropriate.

(c) These standards may be amended by the director from time to time, provided that the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., are complied with.

Acts 1981, No. 538, § 5; A.S.A. 1947, § 13-744.
Ark. Code Ann. § 19-5-986 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-986
Arkansas State Parks Trust Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Arkansas State Parks Trust Fund", there to be used by the State Parks, Recreation, and Travel Commission as appropriations are available. The commission shall annually expend at least ninety percent (90%) of the funds available for the purpose of development, preservation, and protection of the infrastructure in the existing state parks of Arkansas. (b) The fund shall consist of severance taxes collected from diamond mining pursuant to § 26-58-107 . Acts 1993, No. 1156, § 1; 1995, No. 1163, § 22; 1999, No. 15, § 3.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Arkansas State Parks Trust Fund", there to be used by the State Parks, Recreation, and Travel Commission as appropriations are available. The commission shall annually expend at least ninety percent (90%) of the funds available for the purpose of development, preservation, and protection of the infrastructure in the existing state parks of Arkansas.

(b) The fund shall consist of severance taxes collected from diamond mining pursuant to § 26-58-107 .

Acts 1993, No. 1156, § 1; 1995, No. 1163, § 22; 1999, No. 15, § 3.
Ark. Code Ann. § 19-9-105 — AR Code / Title 19 / Chapter 9 / Subchapter 1 / Section 19-9-105
Pay until barred
Status: in_force

Every bond issued by the state, or by any political subdivision thereof, shall be paid by the state or by the political subdivision unless it is barred by the statute of limitations. Acts 1941, No. 113, § 5; A.S.A. 1947, § 13-1008.

Every bond issued by the state, or by any political subdivision thereof, shall be paid by the state or by the political subdivision unless it is barred by the statute of limitations.

Acts 1941, No. 113, § 5; A.S.A. 1947, § 13-1008.
Ark. Code Ann. § 19-5-710 — AR Code / Title 19 / Chapter 5 / Subchapter 7 / Section 19-5-710
Financing
Status: in_force

Financing for the provisions of this subchapter shall be provided within the appropriations and financing authority authorized by the General Assembly for personal services matching costs. Acts 1977, No. 608, § 9; 1979, No. 697, § 2; A.S.A 1947, § 13-554.8.

Financing for the provisions of this subchapter shall be provided within the appropriations and financing authority authorized by the General Assembly for personal services matching costs.

Acts 1977, No. 608, § 9; 1979, No. 697, § 2; A.S.A 1947, § 13-554.8.
Ark. Code Ann. § 19-7-707 — AR Code / Title 19 / Chapter 7 / Subchapter 7 / Section 19-7-707
Transfer of retirement benefits
Status: in_force

Any employee who is now a member of any retirement system shall not lose any retirement benefits accrued in the system by the reorganization of the Title XX service program. An employee so affected shall have the option of continuing as a member of the retirement system of which the employee is a member at the time of transfer or to join the retirement system for which the transfer makes the employee eligible. However, the affected employee shall make his or her election within six (6) months from the date of transfer. Acts 1981, No. 538, § 10; A.S.A. 1947, § 13-749.

Any employee who is now a member of any retirement system shall not lose any retirement benefits accrued in the system by the reorganization of the Title XX service program. An employee so affected shall have the option of continuing as a member of the retirement system of which the employee is a member at the time of transfer or to join the retirement system for which the transfer makes the employee eligible. However, the affected employee shall make his or her election within six (6) months from the date of transfer.

Acts 1981, No. 538, § 10; A.S.A. 1947, § 13-749.
Ark. Code Ann. § 19-6-808 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-808
Arkansas Research Infrastructure Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Arkansas Research Infrastructure Fund". (b) The fund shall consist of: (1) All moneys appropriated to the fund by the General Assembly; and (2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources. (c) The fund shall be used by the Division of Science and Technology of the Arkansas Economic Development Commission for the purposes delineated under the Arkansas Research Alliance Act, § 15-3-301 et seq. Amended by Act 2015EX1, No. 8,§ 111, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 111, eff. 7/1/2015. Acts 2007, No. 563, § 2.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Arkansas Research Infrastructure Fund".

(b) The fund shall consist of: (1) All moneys appropriated to the fund by the General Assembly; and (2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources.

(1) All moneys appropriated to the fund by the General Assembly; and

(2) Any gifts, contributions, grants, or bequests received from federal, private, or other sources.

(c) The fund shall be used by the Division of Science and Technology of the Arkansas Economic Development Commission for the purposes delineated under the Arkansas Research Alliance Act, § 15-3-301 et seq.

Amended by Act 2015EX1, No. 8,§ 111, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 111, eff. 7/1/2015.

Acts 2007, No. 563, § 2.
Ark. Code Ann. § 19-5-1215 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1215
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1020,§ 29, eff. 10/1/2015. Acts 2001, No. 1646, § 17.

Repealed by Act 2015, No. 1020,§ 29, eff. 10/1/2015.

Acts 2001, No. 1646, § 17.
Ark. Code Ann. § 19-5-1097 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1097
Public Roads Incentive Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Public Roads Incentive Fund" of the Arkansas Economic Development Council. (b) The fund shall consist of contributions made by taxpayers for public roads projects approved by the Director of the Arkansas Economic Development Commission and any other funds as are designated or deposited into the fund by law. (c) (1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for that project. (2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct. Amended by Act 2019, No. 910,§ 489, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 488, eff. 7/1/2019. Acts 1999, No. 1347, § 1.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Public Roads Incentive Fund" of the Arkansas Economic Development Council.

(b) The fund shall consist of contributions made by taxpayers for public roads projects approved by the Director of the Arkansas Economic Development Commission and any other funds as are designated or deposited into the fund by law.

(c) (1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for that project. (2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct.

(1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for that project.

(2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct.

Amended by Act 2019, No. 910,§ 489, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 488, eff. 7/1/2019.

Acts 1999, No. 1347, § 1.
Ark. Code Ann. § 19-11-269 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-269
Review of information technology plans
Status: in_force

The Office of State Procurement shall ensure that all required information has been submitted to the Office of Intergovernmental Services for review of proper planning and technical requirements before the execution of: (1) A contract issued under this subchapter that procures information technology products or services with a total projected contract amount, including any amendments to or possible extensions of the contract, of at least one hundred thousand dollars ($100,000); or (2) A purchase of information technology products or services made under a cooperative purchase agreement under § 19-11-249 . Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.

The Office of State Procurement shall ensure that all required information has been submitted to the Office of Intergovernmental Services for review of proper planning and technical requirements before the execution of:

(1) A contract issued under this subchapter that procures information technology products or services with a total projected contract amount, including any amendments to or possible extensions of the contract, of at least one hundred thousand dollars ($100,000); or

(2) A purchase of information technology products or services made under a cooperative purchase agreement under § 19-11-249 .

Added by Act 2015, No. 557,§ 6, eff. 8/1/2015.
Ark. Code Ann. § 19-5-1118 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1118
Prevention and Cessation Program Account
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Prevention and Cessation Program Account". (b) (1) The Prevention and Cessation Program Account shall consist of those moneys transferred from the Tobacco Settlement Program Fund as provided in § 19-12-108 and interest earnings. (2) The Prevention and Cessation Program Account shall be used by the Department of Health for those purposes set out in § 19-12-109 . Acts 2001, No. 1646, § 11.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Prevention and Cessation Program Account".

(b) (1) The Prevention and Cessation Program Account shall consist of those moneys transferred from the Tobacco Settlement Program Fund as provided in § 19-12-108 and interest earnings. (2) The Prevention and Cessation Program Account shall be used by the Department of Health for those purposes set out in § 19-12-109 .

(1) The Prevention and Cessation Program Account shall consist of those moneys transferred from the Tobacco Settlement Program Fund as provided in § 19-12-108 and interest earnings.

(2) The Prevention and Cessation Program Account shall be used by the Department of Health for those purposes set out in § 19-12-109 .

Acts 2001, No. 1646, § 11.
Ark. Code Ann. § 19-5-1211 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1211
Department of Labor and Licensing Special Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special fund to be known as the "Department of Labor and Licensing Special Fund". (b) The Department of Labor and Licensing Special Fund shall consist of: (1) Those special revenues set out in § 19-6-301(25), (36), (72) , (112), (158), (180), and (251); and (2) The fee, penalty, and assessment income and all other income, the disposition of which is not otherwise provided by law, of the Department of Labor and Licensing. (c) The Department of Labor and Licensing Special Fund shall be used for the maintenance, operation, and improvements required by the department in carrying out the special revenue programs enumerated in subsection (b) of this section, and to defray the costs of the maintenance, operation, and improvements required by the department or the Secretary of the Department of Labor and Licensing in carrying out the functions, powers, and duties imposed by law on the department or the secretary. (d) The secretary, with the approval of the Chief Fiscal Officer of the State, is authorized to transfer funds from the Department of Labor and Licensing Special Fund to the Department of Labor and Licensing Fund Account. Amended by Act 2019, No. 910,§ 5447, eff. 7/1/2019. Amended by Act 2014, No. 299,§ 5, eff. 7/1/2014. Amended by Act 2014, No. 290,§ 5, eff. 7/1/2014. Acts 2001, No. 577, § 1.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special fund to be known as the "Department of Labor and Licensing Special Fund".

(b) The Department of Labor and Licensing Special Fund shall consist of: (1) Those special revenues set out in § 19-6-301(25), (36), (72) , (112), (158), (180), and (251); and (2) The fee, penalty, and assessment income and all other income, the disposition of which is not otherwise provided by law, of the Department of Labor and Licensing.

(1) Those special revenues set out in § 19-6-301(25), (36), (72) , (112), (158), (180), and (251); and

(2) The fee, penalty, and assessment income and all other income, the disposition of which is not otherwise provided by law, of the Department of Labor and Licensing.

(c) The Department of Labor and Licensing Special Fund shall be used for the maintenance, operation, and improvements required by the department in carrying out the special revenue programs enumerated in subsection (b) of this section, and to defray the costs of the maintenance, operation, and improvements required by the department or the Secretary of the Department of Labor and Licensing in carrying out the functions, powers, and duties imposed by law on the department or the secretary.

(d) The secretary, with the approval of the Chief Fiscal Officer of the State, is authorized to transfer funds from the Department of Labor and Licensing Special Fund to the Department of Labor and Licensing Fund Account.

Amended by Act 2019, No. 910,§ 5447, eff. 7/1/2019.

Amended by Act 2014, No. 299,§ 5, eff. 7/1/2014.

Amended by Act 2014, No. 290,§ 5, eff. 7/1/2014.

Acts 2001, No. 577, § 1.
Ark. Code Ann. § 19-6-824 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-824
Commercial Truck Safety and Education Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Commercial Truck Safety and Education Fund". (b) (1) Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under § 27-14-601(a)(3)(G)(ii) for the fiscal year ending June 30, 2014, shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under § 27-14-601(a)(3)(G)(ii) shall be deposited into the State Treasury to the credit of the fund as special revenues. (3) The fund also shall consist of any other revenues as may be authorized by law. (c) The fund shall be used by the Arkansas Department of Transportation to improve the safety of the commercial truck industry through cooperative public-private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on state highways. Amended by Act 2017, No. 707,§ 55, eff. 8/1/2017. Added by Act 2013, No. 1176,§ 2, eff. 10/1/2013.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Commercial Truck Safety and Education Fund".

(b) (1) Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under § 27-14-601(a)(3)(G)(ii) for the fiscal year ending June 30, 2014, shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under § 27-14-601(a)(3)(G)(ii) shall be deposited into the State Treasury to the credit of the fund as special revenues. (3) The fund also shall consist of any other revenues as may be authorized by law.

(1) Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under § 27-14-601(a)(3)(G)(ii) for the fiscal year ending June 30, 2014, shall be deposited into the State Treasury to the credit of the fund as special revenues.

(2) Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under § 27-14-601(a)(3)(G)(ii) shall be deposited into the State Treasury to the credit of the fund as special revenues.

(3) The fund also shall consist of any other revenues as may be authorized by law.

(c) The fund shall be used by the Arkansas Department of Transportation to improve the safety of the commercial truck industry through cooperative public-private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on state highways.

Amended by Act 2017, No. 707,§ 55, eff. 8/1/2017.

Added by Act 2013, No. 1176,§ 2, eff. 10/1/2013.
Ark. Code Ann. § 19-4-708 — AR Code / Title 19 / Chapter 4 / Subchapter 7 / Section 19-4-708
Depletion of agency funds
Status: in_force

In the event any state agency shall incur obligations in such manner that the funds allocated or belonging to the agency are depleted and the agency is unable to pay all of its outstanding commitments without incurring a deficit, then the Chief Fiscal Officer of the State may suspend all exemptions under the Arkansas Procurement Law, § 19-11-201 et seq., with respect to the agency. Under these circumstances, the Chief Fiscal Officer of the State may notify the agency that all future obligations of any kind whatsoever must be approved by the Chief Fiscal Officer of the State before they become valid obligations against the funds of the agency. Acts 1973, No. 876, § 13; A.S.A. 1947, § 13-339.

In the event any state agency shall incur obligations in such manner that the funds allocated or belonging to the agency are depleted and the agency is unable to pay all of its outstanding commitments without incurring a deficit, then the Chief Fiscal Officer of the State may suspend all exemptions under the Arkansas Procurement Law, § 19-11-201 et seq., with respect to the agency. Under these circumstances, the Chief Fiscal Officer of the State may notify the agency that all future obligations of any kind whatsoever must be approved by the Chief Fiscal Officer of the State before they become valid obligations against the funds of the agency.

Acts 1973, No. 876, § 13; A.S.A. 1947, § 13-339.
Ark. Code Ann. § 19-5-1260 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1260
Arkansas Children's Advocacy Center Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Arkansas Children's Advocacy Center Fund". (b) The fund shall consist of: (1) The fines specified under §§ 5-4-703 , 27-50-306 , and 27-51-217 ; (2) Grants or donations made by a person, state agency, or federal government agency; and (3) Any other funds authorized or provided by law. (c) The fund shall be used by the Arkansas Child Abuse/Rape/Domestic Violence Commission as provided in § 9-5-106 and as provided by any other provisions of law. Added by Act 2017, No. 714,§ 4, eff. 8/1/2017. Added by Act 2017, No. 512,§ 24, eff. 7/1/2017.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the "Arkansas Children's Advocacy Center Fund".

(b) The fund shall consist of: (1) The fines specified under §§ 5-4-703 , 27-50-306 , and 27-51-217 ; (2) Grants or donations made by a person, state agency, or federal government agency; and (3) Any other funds authorized or provided by law.

(1) The fines specified under §§ 5-4-703 , 27-50-306 , and 27-51-217 ;

(2) Grants or donations made by a person, state agency, or federal government agency; and

(3) Any other funds authorized or provided by law.

(c) The fund shall be used by the Arkansas Child Abuse/Rape/Domestic Violence Commission as provided in § 9-5-106 and as provided by any other provisions of law.

Added by Act 2017, No. 714,§ 4, eff. 8/1/2017.

Added by Act 2017, No. 512,§ 24, eff. 7/1/2017.
Ark. Code Ann. § 19-9-102 — AR Code / Title 19 / Chapter 9 / Subchapter 1 / Section 19-9-102
Replacement of lost, destroyed, or stolen bonds
Status: in_force

(a) In cases where any valid bond, note, interest coupon, or evidence of indebtedness, hereinafter called "instrument", issued by the State of Arkansas, or any of its departments, agencies, or political subdivisions, including, but not limited to, school districts and improvement districts of all kinds, becomes lost, mislaid, destroyed, or stolen, the body which issued the instrument, or its successor, shall issue and deliver to the one owning the right, title, and interest to and in the instrument a replacement instrument, but only on the filing with the body of: (1) An affidavit reciting ownership of all right, title, or interest in and to the lost, mislaid, destroyed, or stolen instrument and giving its name, the name of the board, commission, or body which issued it, the date of maturity, the denomination and number and that of any lost, mislaid, destroyed, or stolen interest coupon appertaining thereto, and briefly describing the circumstance of such loss, mislaying, destruction, or theft; and (2) A bond in double the face amount of such replacement, including any interest coupons affixed thereto, with a surety company licensed to do business in Arkansas as surety thereon, conditioned that if the principal, the heirs, legal representatives, successors, or assigns of the principal, or any of them, shall, in case the instrument so lost, mislaid, destroyed, or stolen be found or come into the hands or power of any of them, or into the hands, custody, or power of any other person, deliver, or cause it to be delivered unto the obligor for cancellation, and also shall at all times indemnify and save harmless the obligor from and against any and all loss, claims, actions, suits, damages, charges, or expenses of any nature and character by reason of the lost, mislaid, destroyed, or stolen instrument, or the issuance of a replacement in lieu thereof, or the paying or crediting as prescribed of the face amount of the lost, mislaid, destroyed, or stolen instrument without the surrender thereof, then the obligation shall be void, otherwise to remain in full force and effect. (b) Nothing in this section shall be construed to limit or abridge any defense which the obligor may have against the lost, mislaid, destroyed, or stolen instrument; nor shall anything in this section waive any provision of any statute of limitations. Acts 1941, No. 350, § 1; A.S.A. 1947, § 13-1001.

(a) In cases where any valid bond, note, interest coupon, or evidence of indebtedness, hereinafter called "instrument", issued by the State of Arkansas, or any of its departments, agencies, or political subdivisions, including, but not limited to, school districts and improvement districts of all kinds, becomes lost, mislaid, destroyed, or stolen, the body which issued the instrument, or its successor, shall issue and deliver to the one owning the right, title, and interest to and in the instrument a replacement instrument, but only on the filing with the body of: (1) An affidavit reciting ownership of all right, title, or interest in and to the lost, mislaid, destroyed, or stolen instrument and giving its name, the name of the board, commission, or body which issued it, the date of maturity, the denomination and number and that of any lost, mislaid, destroyed, or stolen interest coupon appertaining thereto, and briefly describing the circumstance of such loss, mislaying, destruction, or theft; and (2) A bond in double the face amount of such replacement, including any interest coupons affixed thereto, with a surety company licensed to do business in Arkansas as surety thereon, conditioned that if the principal, the heirs, legal representatives, successors, or assigns of the principal, or any of them, shall, in case the instrument so lost, mislaid, destroyed, or stolen be found or come into the hands or power of any of them, or into the hands, custody, or power of any other person, deliver, or cause it to be delivered unto the obligor for cancellation, and also shall at all times indemnify and save harmless the obligor from and against any and all loss, claims, actions, suits, damages, charges, or expenses of any nature and character by reason of the lost, mislaid, destroyed, or stolen instrument, or the issuance of a replacement in lieu thereof, or the paying or crediting as prescribed of the face amount of the lost, mislaid, destroyed, or stolen instrument without the surrender thereof, then the obligation shall be void, otherwise to remain in full force and effect.

(1) An affidavit reciting ownership of all right, title, or interest in and to the lost, mislaid, destroyed, or stolen instrument and giving its name, the name of the board, commission, or body which issued it, the date of maturity, the denomination and number and that of any lost, mislaid, destroyed, or stolen interest coupon appertaining thereto, and briefly describing the circumstance of such loss, mislaying, destruction, or theft; and

(2) A bond in double the face amount of such replacement, including any interest coupons affixed thereto, with a surety company licensed to do business in Arkansas as surety thereon, conditioned that if the principal, the heirs, legal representatives, successors, or assigns of the principal, or any of them, shall, in case the instrument so lost, mislaid, destroyed, or stolen be found or come into the hands or power of any of them, or into the hands, custody, or power of any other person, deliver, or cause it to be delivered unto the obligor for cancellation, and also shall at all times indemnify and save harmless the obligor from and against any and all loss, claims, actions, suits, damages, charges, or expenses of any nature and character by reason of the lost, mislaid, destroyed, or stolen instrument, or the issuance of a replacement in lieu thereof, or the paying or crediting as prescribed of the face amount of the lost, mislaid, destroyed, or stolen instrument without the surrender thereof, then the obligation shall be void, otherwise to remain in full force and effect.

(b) Nothing in this section shall be construed to limit or abridge any defense which the obligor may have against the lost, mislaid, destroyed, or stolen instrument; nor shall anything in this section waive any provision of any statute of limitations.

Acts 1941, No. 350, § 1; A.S.A. 1947, § 13-1001.
Ark. Code Ann. § 19-6-460 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-460
Crime Lab Equipment Fund
Status: in_force

The Crime Lab Equipment Fund shall consist of those special revenues as specified in § 19-6-301(30) and other moneys as authorized by law, there to be used only for the purchase of equipment, constructing and equipping regional crime laboratories, and for the personal services and operating expenses of regional crime laboratories as set out in § 12-12-323 . Acts 2001, No. 229, § 11; 2001, No. 1642, § 4.

The Crime Lab Equipment Fund shall consist of those special revenues as specified in § 19-6-301(30) and other moneys as authorized by law, there to be used only for the purchase of equipment, constructing and equipping regional crime laboratories, and for the personal services and operating expenses of regional crime laboratories as set out in § 12-12-323 .

Acts 2001, No. 229, § 11; 2001, No. 1642, § 4.
Ark. Code Ann. § 19-5-506 — AR Code / Title 19 / Chapter 5 / Subchapter 5 / Section 19-5-506
Financial aid programs
Status: in_force

In order to provide timely payments under financial aid appropriations, the Chief Fiscal Officer of the State is authorized to provide loans from the Budget Stabilization Trust Fund to make available all funds attributable to the financial aid programs under the then current official revenue estimates. In the event of an unanticipated state revenue shortfall, any such loans remaining at the end of a fiscal year shall be repaid from revenues distributed in the first two (2) months of the next fiscal year. Funds for appropriations for purposes other than financial aid shall not be affected by the application of this provision. Acts 1997, No. 342, § 32.

In order to provide timely payments under financial aid appropriations, the Chief Fiscal Officer of the State is authorized to provide loans from the Budget Stabilization Trust Fund to make available all funds attributable to the financial aid programs under the then current official revenue estimates. In the event of an unanticipated state revenue shortfall, any such loans remaining at the end of a fiscal year shall be repaid from revenues distributed in the first two (2) months of the next fiscal year. Funds for appropriations for purposes other than financial aid shall not be affected by the application of this provision.

Acts 1997, No. 342, § 32.
Ark. Code Ann. § 19-11-102 — AR Code / Title 19 / Chapter 11 / Subchapter 1 / Section 19-11-102
Use of soybean ink in state printing
Status: in_force

Notwithstanding any law or rule to the contrary, all printing which is chargeable to or which is paid for with funds appropriated wholly or in part by the state, or any state department, division, bureau, board, commission, or agency, shall be printed in soybean ink; provided, however, that the soybean ink is comparable in price to other inks, and that it is equally suitable for use. Amended by Act 2019, No. 315,§ 1750, eff. 7/24/2019. Acts 1991, No. 630, § 1.

Notwithstanding any law or rule to the contrary, all printing which is chargeable to or which is paid for with funds appropriated wholly or in part by the state, or any state department, division, bureau, board, commission, or agency, shall be printed in soybean ink; provided, however, that the soybean ink is comparable in price to other inks, and that it is equally suitable for use.

Amended by Act 2019, No. 315,§ 1750, eff. 7/24/2019.

Acts 1991, No. 630, § 1.
Ark. Code Ann. § 19-3-515 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-515
Charges on deposits
Status: in_force

(a) (1) The Treasurer of State, acting ministerially, may contract with a bank depository or investment depository to pay processing fees for handling funds of the State Treasury if it is deemed to be in the best interest of the State of Arkansas. (2) The processing fees shall be paid by state warrant from appropriations to the Treasurer of State. (b) Unless authorized by its contract with the Treasurer of State, a bank depository or investment depository shall not make any charge for handling funds of the State Treasury. (c) A bank depository or investment depository shall not use compensating deposit balances to offset processing fees. (d) A claim for a charge or processing fee in violation of this section is void. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) (1) The Treasurer of State, acting ministerially, may contract with a bank depository or investment depository to pay processing fees for handling funds of the State Treasury if it is deemed to be in the best interest of the State of Arkansas. (2) The processing fees shall be paid by state warrant from appropriations to the Treasurer of State.

(1) The Treasurer of State, acting ministerially, may contract with a bank depository or investment depository to pay processing fees for handling funds of the State Treasury if it is deemed to be in the best interest of the State of Arkansas.

(2) The processing fees shall be paid by state warrant from appropriations to the Treasurer of State.

(b) Unless authorized by its contract with the Treasurer of State, a bank depository or investment depository shall not make any charge for handling funds of the State Treasury.

(c) A bank depository or investment depository shall not use compensating deposit balances to offset processing fees.

(d) A claim for a charge or processing fee in violation of this section is void.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-6-837 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-837
Medical Marijuana Commission Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Medical Marijuana Commission Fund". (b) The fund shall consist of: (1) Funds distributed under § 17(b) of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and (2) Other revenues and funds authorized by law. (c) The Medical Marijuana Commission shall use the fund for the administration of the commission and other purposes under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98. Added by Act 2017, No. 670,§ 3, eff. 8/1/2017.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Medical Marijuana Commission Fund".

(b) The fund shall consist of: (1) Funds distributed under § 17(b) of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and (2) Other revenues and funds authorized by law.

(1) Funds distributed under § 17(b) of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and

(2) Other revenues and funds authorized by law.

(c) The Medical Marijuana Commission shall use the fund for the administration of the commission and other purposes under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98.

Added by Act 2017, No. 670,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 19-10-215 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-215
Restrictions on awards
Status: in_force

(a) With the exception of death and disability benefit claims paid under § 21-5-701 et seq., the Arkansas State Claims Commission shall not pay an award in excess of fifteen thousand dollars ($15,000). (b) If an award is greater than fifteen thousand dollars ($15,000), the commission shall refer the claim or action to the General Assembly for approval and, if approved, an appropriation. Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 147,§ 11, eff. 2/26/2013. Acts 1999, No. 1141, § 4; 2003, No. 926, § 4; 2011, No. 320, § 16.

(a) With the exception of death and disability benefit claims paid under § 21-5-701 et seq., the Arkansas State Claims Commission shall not pay an award in excess of fifteen thousand dollars ($15,000).

(b) If an award is greater than fifteen thousand dollars ($15,000), the commission shall refer the claim or action to the General Assembly for approval and, if approved, an appropriation.

Amended by Act 2019, No. 785,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 147,§ 11, eff. 2/26/2013.

Acts 1999, No. 1141, § 4; 2003, No. 926, § 4; 2011, No. 320, § 16.
Ark. Code Ann. § 19-1-206 — AR Code / Title 19 / Chapter 1 / Subchapter 2 / Section 19-1-206
Seal
Status: in_force

The Governor shall procure an official seal for the Department of Finance and Administration. Every paper executed by the Secretary of the Department of Finance and Administration or by any other employee of the department and sealed with its official seal shall be received in evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged. Amended by Act 2019, No. 910,§ 3431, eff. 7/1/2019. Acts 1955, No. 315, § 4; A.S.A. 1947, § 13-204.

The Governor shall procure an official seal for the Department of Finance and Administration. Every paper executed by the Secretary of the Department of Finance and Administration or by any other employee of the department and sealed with its official seal shall be received in evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged.

Amended by Act 2019, No. 910,§ 3431, eff. 7/1/2019.

Acts 1955, No. 315, § 4; A.S.A. 1947, § 13-204.
Ark. Code Ann. § 19-3-702 — AR Code / Title 19 / Chapter 3 / Subchapter 7 / Section 19-3-702
Definitions
Status: in_force

As used in this subchapter: (1) "Bank depository", "investment depository", "securities broker", and "State Treasury" have the meanings provided in § 19-3-502 ; and (2) (A) "Direct financial interest" means the direct compensation or other remuneration to a person or a family member of a person that is attributable to an investment or a deposit of money or securities from the State Treasury. (B) "Direct financial interest" does not include compensation from the investment or deposit of a person's own money or securities. Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Bank depository", "investment depository", "securities broker", and "State Treasury" have the meanings provided in § 19-3-502 ; and

(2) (A) "Direct financial interest" means the direct compensation or other remuneration to a person or a family member of a person that is attributable to an investment or a deposit of money or securities from the State Treasury. (B) "Direct financial interest" does not include compensation from the investment or deposit of a person's own money or securities.

(A) "Direct financial interest" means the direct compensation or other remuneration to a person or a family member of a person that is attributable to an investment or a deposit of money or securities from the State Treasury.

(B) "Direct financial interest" does not include compensation from the investment or deposit of a person's own money or securities.

Added by Act 2013, No. 1088,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 19-4-902 — AR Code / Title 19 / Chapter 4 / Subchapter 9 / Section 19-4-902
Authorization for travel
Status: in_force

(a) (1) The responsibility for authorizing travel, or any expenses in connection therewith, shall be placed upon the board or commission in charge or upon the administrative head of each state agency. (2) No travel expenses shall be authorized or allowed without the approval of the board, commission, or administrative head of any agency. (b) It shall be the responsibility of the administrative head of any agency to keep on file in the place of business of the agency, subject to audit, copies of all supporting documents and required receipts for expenses incurred in connection with the travel authorizations and allowances for persons traveling in behalf of the agency. Acts 1973, No. 876, § 16; A.S.A. 1947, § 13-342; Acts 2001, No. 1453, § 24.

(a) (1) The responsibility for authorizing travel, or any expenses in connection therewith, shall be placed upon the board or commission in charge or upon the administrative head of each state agency. (2) No travel expenses shall be authorized or allowed without the approval of the board, commission, or administrative head of any agency.

(1) The responsibility for authorizing travel, or any expenses in connection therewith, shall be placed upon the board or commission in charge or upon the administrative head of each state agency.

(2) No travel expenses shall be authorized or allowed without the approval of the board, commission, or administrative head of any agency.

(b) It shall be the responsibility of the administrative head of any agency to keep on file in the place of business of the agency, subject to audit, copies of all supporting documents and required receipts for expenses incurred in connection with the travel authorizations and allowances for persons traveling in behalf of the agency.

Acts 1973, No. 876, § 16; A.S.A. 1947, § 13-342; Acts 2001, No. 1453, § 24.
Ark. Code Ann. § 19-6-480 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-480
Livestock and Poultry Special Revenue Fund
Status: in_force

(a) The Livestock and Poultry Special Revenue Fund shall consist of those special revenues as specified in § 19-6-301(33) and (34) and §§ 2-5-204 , 2-5-206 , and 2-6-106 that are not required for support of the Arkansas Livestock and Poultry Commission Poultry and Egg Grading Program, there to be used for those purposes as set out by law. (b) The Director of the Arkansas Livestock and Poultry Commission, with the approval of the Chief Fiscal Officer of the State, shall have the authority to transfer funds from the Livestock and Poultry Special Revenue Fund to the Livestock and Poultry Fund Account. Amended by Act 2023, No. 588,§ 20, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 116, eff. 7/1/2019. Acts 1995, No. 236, § 24; 1997, No. 298, § 9.

(a) The Livestock and Poultry Special Revenue Fund shall consist of those special revenues as specified in § 19-6-301(33) and (34) and §§ 2-5-204 , 2-5-206 , and 2-6-106 that are not required for support of the Arkansas Livestock and Poultry Commission Poultry and Egg Grading Program, there to be used for those purposes as set out by law.

(b) The Director of the Arkansas Livestock and Poultry Commission, with the approval of the Chief Fiscal Officer of the State, shall have the authority to transfer funds from the Livestock and Poultry Special Revenue Fund to the Livestock and Poultry Fund Account.

Amended by Act 2023, No. 588,§ 20, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 116, eff. 7/1/2019.

Acts 1995, No. 236, § 24; 1997, No. 298, § 9.
Ark. Code Ann. § 19-5-907 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-907
Revolving Loan Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Revolving Loan Fund". (b) The fund shall consist of the repayment of moneys loaned or invested through the Revolving Loan Program of the Division of Elementary and Secondary Education. (c) The fund shall be used for the purpose of making loans to school districts and for investment purposes. Amended by Act 2019, No. 910,§ 2265, eff. 7/1/2019. Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531.

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

(b) The fund shall consist of the repayment of moneys loaned or invested through the Revolving Loan Program of the Division of Elementary and Secondary Education.

(c) The fund shall be used for the purpose of making loans to school districts and for investment purposes.

Amended by Act 2019, No. 910,§ 2265, eff. 7/1/2019.

Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531.
Ark. Code Ann. § 19-1-611 — AR Code / Title 19 / Chapter 1 / Subchapter 6 / Section 19-1-611
Civil penalty
Status: in_force

If the public officer or employee is found by the court to have knowingly violated the fiscal responsibility and management laws, the court shall impose a civil penalty upon the public officer or employee of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000) for each violation, and may subject the public officer or employee to the payment of damages resulting as a direct consequence of any violation. Acts 1991, No. 280, § 12.

If the public officer or employee is found by the court to have knowingly violated the fiscal responsibility and management laws, the court shall impose a civil penalty upon the public officer or employee of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000) for each violation, and may subject the public officer or employee to the payment of damages resulting as a direct consequence of any violation.

Acts 1991, No. 280, § 12.
Ark. Code Ann. § 19-12-119 — AR Code / Title 19 / Chapter 12 / Subchapter 1 / Section 19-12-119
Use of funds for the Medicaid Expansion Program Account
Status: in_force

(a) In addition to the purposes enumerated in § 19-12-116 for the Medicaid expansion program, the funds made available to the Medicaid Expansion Program Account may also be used to supplement current general revenues as approved by the Governor and the Chief Fiscal Officer of the State for the Arkansas Medicaid Program. (b) None of the funds shall be used for this additional purpose if the usage will reduce the funds made available by the General Assembly for the Meals-on-Wheels program and the senior prescription drug program. Acts 2002 (1st Ex. Sess.), No. 2, § 11.

(a) In addition to the purposes enumerated in § 19-12-116 for the Medicaid expansion program, the funds made available to the Medicaid Expansion Program Account may also be used to supplement current general revenues as approved by the Governor and the Chief Fiscal Officer of the State for the Arkansas Medicaid Program.

(b) None of the funds shall be used for this additional purpose if the usage will reduce the funds made available by the General Assembly for the Meals-on-Wheels program and the senior prescription drug program.

Acts 2002 (1st Ex. Sess.), No. 2, § 11.
Ark. Code Ann. § 19-6-407 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-407
Liquefied Petroleum Gas Fund
Status: in_force

The Liquefied Petroleum Gas Fund shall consist of those special revenues as specified in § 19-6-301(32) , there to be used for the maintenance, operation, and improvement required by the Liquefied Petroleum Gas Board in carrying out the functions, powers, and duties as set out in the Liquefied Petroleum Gas Board Act, § 15-75-101 et seq., or other duties imposed by law upon the board. Acts 1973, No. 808, § 14; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13.

The Liquefied Petroleum Gas Fund shall consist of those special revenues as specified in § 19-6-301(32) , there to be used for the maintenance, operation, and improvement required by the Liquefied Petroleum Gas Board in carrying out the functions, powers, and duties as set out in the Liquefied Petroleum Gas Board Act, § 15-75-101 et seq., or other duties imposed by law upon the board.

Acts 1973, No. 808, § 14; 1983, No. 222, § 5; 1985, No. 65, § 6; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-12-109 — AR Code / Title 19 / Chapter 12 / Subchapter 1 / Section 19-12-109
Creation of Prevention and Cessation Program Account
Status: in_force

(a) There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the "Prevention and Cessation Program Account". The account shall be used by the Department of Health for such purposes and in such amounts as may be appropriated in law. (b) All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in § 19-12-113 or such other purposes as may be appropriated in law. (c) Moneys remaining in the account at the end of each fiscal year shall be carried forward and used for the purposes provided by law. Init. Meas. 2000, No. 1, § 9; Acts 2002 (1st Ex. Sess.), No. 2, § 5; 2005, No. 1872, § 3.

(a) There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the "Prevention and Cessation Program Account". The account shall be used by the Department of Health for such purposes and in such amounts as may be appropriated in law.

(b) All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in § 19-12-113 or such other purposes as may be appropriated in law.

(c) Moneys remaining in the account at the end of each fiscal year shall be carried forward and used for the purposes provided by law.

Init. Meas. 2000, No. 1, § 9; Acts 2002 (1st Ex. Sess.), No. 2, § 5; 2005, No. 1872, § 3.
Ark. Code Ann. § 19-4-1615 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1615
Awards from State Claims Commission
Status: in_force

(a) In the event a state employee is awarded a claim by the Arkansas State Claims Commission for wages or salaries for personal services rendered for a state agency, such award shall be processed through the state mechanized payroll system. (b) The award shall be paid from the regular salaries and personal services matching appropriation from which the employee is normally paid. Acts 1995, No. 176, § 1.

(a) In the event a state employee is awarded a claim by the Arkansas State Claims Commission for wages or salaries for personal services rendered for a state agency, such award shall be processed through the state mechanized payroll system.

(b) The award shall be paid from the regular salaries and personal services matching appropriation from which the employee is normally paid.

Acts 1995, No. 176, § 1.
Ark. Code Ann. § 19-5-1026 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1026
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1127,§ 13, eff. 7/1/2017. Repealed by Act 2017, No. 1083,§ 13, eff. 7/1/2017. Acts 1987, No. 928, § 3.

Repealed by Act 2017, No. 1127,§ 13, eff. 7/1/2017.

Repealed by Act 2017, No. 1083,§ 13, eff. 7/1/2017.

Acts 1987, No. 928, § 3.
Ark. Code Ann. § 19-11-246 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-246
Resolution of contract and breach of contract controversies
Status: in_force

(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission. (b) (1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section. (2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director. (c) (1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing. (2) The decision shall state the reasons for the action taken. (d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor. (e) The decision under subsection (c) of this section shall be final and conclusive. (f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received. Amended by Act 2019, No. 315,§ 1780, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1779, eff. 7/24/2019. Acts 1979, No. 482, § 59; A.S.A. 1947, § 14-278; Acts 2001, No. 1237, § 36; 2003, No. 487, § 9; 2005, No. 1680, § 11.

(a) Applicability. This section applies to controversies between the state and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modifications or rescission.

(b) (1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section. (2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director.

(1) The State Procurement Director, the head of a procurement agency, or a designee of either officer is authorized, prior to commencement of an action in a court or any other action provided by law concerning the controversy, to settle and resolve a controversy described in subsection (a) of this section.

(2) This authority shall be exercised in accordance with the law governing the Arkansas State Claims Commission and the rules promulgated by the director.

(c) (1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing. (2) The decision shall state the reasons for the action taken.

(1) If such a claim or controversy is not resolved by mutual agreement, and after reasonable notice to the contractor and reasonable opportunity for the contractor to present the claim or controversy in accordance with the rules promulgated by the director, the head of a procurement agency, the director, or the designee of either officer shall promptly issue a decision in writing.

(2) The decision shall state the reasons for the action taken.

(d) A copy of the decision under subsection (c) of this section shall be mailed or otherwise furnished immediately to the contractor.

(e) The decision under subsection (c) of this section shall be final and conclusive.

(f) If the director, the head of a procurement agency, or the designee of either officer does not issue the written decision required under subsection (c) of this section within one hundred twenty (120) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.

Amended by Act 2019, No. 315,§ 1780, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1779, eff. 7/24/2019.

Acts 1979, No. 482, § 59; A.S.A. 1947, § 14-278; Acts 2001, No. 1237, § 36; 2003, No. 487, § 9; 2005, No. 1680, § 11.
Ark. Code Ann. § 19-5-705 — AR Code / Title 19 / Chapter 5 / Subchapter 7 / Section 19-5-705
Benefits claims investigations
Status: in_force

The Department of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of such benefits. Such investigation shall result in a determination of the eligibility of the employee for benefit payments. Acts 1977, No. 608, § 8; A.S.A. 1947, § 13-554.7.

The Department of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of such benefits. Such investigation shall result in a determination of the eligibility of the employee for benefit payments.

Acts 1977, No. 608, § 8; A.S.A. 1947, § 13-554.7.