Ark. Code Ann. § 19-9-406 — AR Code / Title 19 / Chapter 9 / Subchapter 4 / Section 19-9-406
System of registration
Status: in_force

(a) (1) Each issuer is authorized to establish and maintain a system of registration with respect to each obligation which it issues. The system may either be: (A) A system pursuant to which only certificated registered public obligations are issued; (B) A system pursuant to which only uncertificated registered public obligations are issued; or (C) A system pursuant to which both certificated and uncertificated registered public obligations are issued. (2) The issuer may amend, discontinue, and reinstitute any system of registration, from time to time, subject to covenants. (b) The system shall be established, amended, discontinued, or reinstituted for the issuer by, and shall be maintained for the issuer as provided by, the official or official body. (c) The system shall be described in the registered public obligation or in the official actions which provide for original issuance of the registered public obligation and in subsequent official actions providing for amendments and other matters from time to time. Such description may be by reference to a program of the issuer which is established by the official or official body. (d) The system shall define the methods by which transfer of the registered public obligation shall be effective with respect to the issuer and by which payment of principal and any interest shall be made. The system may permit the issuance of registered public obligations in any denomination to represent several registered public obligations of smaller denominations. The system may also provide for the form of any certificated registered public obligation or of any writing relating to an uncertificated registered public obligation, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to holders or owners of obligations, and for accounting, cancelled certificate destruction, registration and release of security interests, and other incidental matters. Unless the issuer otherwise provides, the record date for interest payable on the first or fifteenth day of a month shall be the fifteenth day or the last business day of the preceding month, respectively, and for interest payable on other than the first or fifteenth day of a month, shall be the fifteenth calendar day before the interest payment date. (e) Under a system pursuant to which both certificated and uncertificated registered public obligations are issued, both types of registered public obligations may be regularly issued, or one (1) type may be regularly issued and the other type issued only under described circumstances or to particular described categories of owners. Provision may be made for registration and release of security interest in registered public obligations. (f) The system may include covenants of the issuer as to amendments, discontinuances, and reinstitutions of the system and the effect of such on the exemption of interest from the income tax provided for by the code. (g) Whenever an issuer shall issue an uncertificated registered public obligation, the system of registration may provide that a true copy of the official actions of the issuer relating to such uncertificated registered public obligations be maintained by the issuer or by the person, if any, maintaining such system on behalf of the issuer, so long as the uncertificated registered public obligation remains outstanding and unpaid. A copy of such official actions, verified to be such by an authorized officer, shall be admissible before any court of record, administrative body, or arbitration panel without further authentication. (h) Nothing in this subchapter shall preclude a conversion from one of the forms of registered public obligations provided for by this subchapter to a form of obligation not provided for by this subchapter if interest on the obligation so converted will continue to be exempt from the income tax provided for by the code. (i) The rights provided by other laws with respect to obligations in forms not provided for by this subchapter shall, to the extent not inconsistent with this subchapter, apply with respect to registered public obligations issued in forms authorized by this subchapter. Acts 1983, No. 786, § 4; A.S.A. 1947, § 13-2804.

(a) (1) Each issuer is authorized to establish and maintain a system of registration with respect to each obligation which it issues. The system may either be: (A) A system pursuant to which only certificated registered public obligations are issued; (B) A system pursuant to which only uncertificated registered public obligations are issued; or (C) A system pursuant to which both certificated and uncertificated registered public obligations are issued. (2) The issuer may amend, discontinue, and reinstitute any system of registration, from time to time, subject to covenants.

(1) Each issuer is authorized to establish and maintain a system of registration with respect to each obligation which it issues. The system may either be: (A) A system pursuant to which only certificated registered public obligations are issued; (B) A system pursuant to which only uncertificated registered public obligations are issued; or (C) A system pursuant to which both certificated and uncertificated registered public obligations are issued.

(A) A system pursuant to which only certificated registered public obligations are issued;

(B) A system pursuant to which only uncertificated registered public obligations are issued; or

(C) A system pursuant to which both certificated and uncertificated registered public obligations are issued.

(2) The issuer may amend, discontinue, and reinstitute any system of registration, from time to time, subject to covenants.

(b) The system shall be established, amended, discontinued, or reinstituted for the issuer by, and shall be maintained for the issuer as provided by, the official or official body.

(c) The system shall be described in the registered public obligation or in the official actions which provide for original issuance of the registered public obligation and in subsequent official actions providing for amendments and other matters from time to time. Such description may be by reference to a program of the issuer which is established by the official or official body.

(d) The system shall define the methods by which transfer of the registered public obligation shall be effective with respect to the issuer and by which payment of principal and any interest shall be made. The system may permit the issuance of registered public obligations in any denomination to represent several registered public obligations of smaller denominations. The system may also provide for the form of any certificated registered public obligation or of any writing relating to an uncertificated registered public obligation, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to holders or owners of obligations, and for accounting, cancelled certificate destruction, registration and release of security interests, and other incidental matters. Unless the issuer otherwise provides, the record date for interest payable on the first or fifteenth day of a month shall be the fifteenth day or the last business day of the preceding month, respectively, and for interest payable on other than the first or fifteenth day of a month, shall be the fifteenth calendar day before the interest payment date.

(e) Under a system pursuant to which both certificated and uncertificated registered public obligations are issued, both types of registered public obligations may be regularly issued, or one (1) type may be regularly issued and the other type issued only under described circumstances or to particular described categories of owners. Provision may be made for registration and release of security interest in registered public obligations.

(f) The system may include covenants of the issuer as to amendments, discontinuances, and reinstitutions of the system and the effect of such on the exemption of interest from the income tax provided for by the code.

(g) Whenever an issuer shall issue an uncertificated registered public obligation, the system of registration may provide that a true copy of the official actions of the issuer relating to such uncertificated registered public obligations be maintained by the issuer or by the person, if any, maintaining such system on behalf of the issuer, so long as the uncertificated registered public obligation remains outstanding and unpaid. A copy of such official actions, verified to be such by an authorized officer, shall be admissible before any court of record, administrative body, or arbitration panel without further authentication.

(h) Nothing in this subchapter shall preclude a conversion from one of the forms of registered public obligations provided for by this subchapter to a form of obligation not provided for by this subchapter if interest on the obligation so converted will continue to be exempt from the income tax provided for by the code.

(i) The rights provided by other laws with respect to obligations in forms not provided for by this subchapter shall, to the extent not inconsistent with this subchapter, apply with respect to registered public obligations issued in forms authorized by this subchapter.

Acts 1983, No. 786, § 4; A.S.A. 1947, § 13-2804.
Ark. Code Ann. § 19-11-251 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-251
Intergovernmental use of commodities or services
Status: in_force

Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon between the parties and in accordance with the rules promulgated under this subchapter, independent of the requirements of: (1) Sections 19-11-204 , 19-11-228 - 19-11-240 , and 19-11-263 that refer to source selection and contract formation; and (2) Sections 19-11-205 , 19-11-242 , and 19-11-243 that refer to commodity management. Amended by Act 2019, No. 315,§ 1782, eff. 7/24/2019. Acts 1979, No. 482, § 67; A.S.A. 1947, § 14-284; Acts 2001, No. 1237, § 38; 2005, No. 1680, § 12.

Any public procurement unit may enter into an agreement with any other public procurement unit or external procurement activity for the intergovernmental use of commodities, technical and general services, or professional and consultant services under the terms agreed upon between the parties and in accordance with the rules promulgated under this subchapter, independent of the requirements of:

(1) Sections 19-11-204 , 19-11-228 - 19-11-240 , and 19-11-263 that refer to source selection and contract formation; and

(2) Sections 19-11-205 , 19-11-242 , and 19-11-243 that refer to commodity management.

Amended by Act 2019, No. 315,§ 1782, eff. 7/24/2019.

Acts 1979, No. 482, § 67; A.S.A. 1947, § 14-284; Acts 2001, No. 1237, § 38; 2005, No. 1680, § 12.
Ark. Code Ann. § 19-5-943 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-943
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1127,§ 9, eff. 7/1/2017. Repealed by Act 2017, No. 1083,§ 9, eff. 7/1/2017. Acts 1987, No. 928, § 5.

Repealed by Act 2017, No. 1127,§ 9, eff. 7/1/2017.

Repealed by Act 2017, No. 1083,§ 9, eff. 7/1/2017.

Acts 1987, No. 928, § 5.
Ark. Code Ann. § 19-11-1103 — AR Code / Title 19 / Chapter 11 / Subchapter 11 / Section 19-11-1103
[Repealed]
Status: repealed

Repealed by Act 2015, No. 218,§ 24, eff. 2/26/2015. Acts 2009, No. 605, § 23; 2009, No. 606, § 23.

Repealed by Act 2015, No. 218,§ 24, eff. 2/26/2015.

Acts 2009, No. 605, § 23; 2009, No. 606, § 23.
Ark. Code Ann. § 19-9-305 — AR Code / Title 19 / Chapter 9 / Subchapter 3 / Section 19-9-305
Conversion privilege
Status: in_force

The refunding bonds may be issued with the privilege of conversion to a lower rate or rates of interest if the issuer receives no less and pays no more than it would receive or pay if the bonds were not converted. The conversion shall be subject to the approval of the issuer. Acts 1961, No. 449, § 2; A.S.A. 1947, § 13-1104.

The refunding bonds may be issued with the privilege of conversion to a lower rate or rates of interest if the issuer receives no less and pays no more than it would receive or pay if the bonds were not converted. The conversion shall be subject to the approval of the issuer.

Acts 1961, No. 449, § 2; A.S.A. 1947, § 13-1104.
Ark. Code Ann. § 19-7-608 — AR Code / Title 19 / Chapter 7 / Subchapter 6 / Section 19-7-608
Information exchange programs
Status: in_force

The Office of Intergovernmental Services is authorized to cooperate with agencies of the federal government in the development and utilization of intergovernmental information exchange programs which may be of benefit to the State of Arkansas. Acts 1983, No. 498, § 8; A.S.A. 1947, § 13-765.

The Office of Intergovernmental Services is authorized to cooperate with agencies of the federal government in the development and utilization of intergovernmental information exchange programs which may be of benefit to the State of Arkansas.

Acts 1983, No. 498, § 8; A.S.A. 1947, § 13-765.
Ark. Code Ann. § 19-1-505 — AR Code / Title 19 / Chapter 1 / Subchapter 5 / Section 19-1-505
Additional authority of certain cities
Status: in_force

(a) (1) A city that has real property assessed valuation in excess of three hundred million dollars ($300,000,000) may invest the city's funds in securities under § 23-47-401 and according to the investment policy adopted by the governing body of the city. (2) The investment policy adopted by the city's governing body may authorize a maturity term exceeding the term stated in § 19-1-504(a)(1)(A) . (b) (1) Each investment shall be made with the judgment and care under prevailing circumstances that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation but for investment, considering the probable safety of the capital and the probable income to be derived. (2) Investment of funds shall be governed by the following investment objectives in order of priority: (A) Preservation and safety of the principal; (B) Liquidity; and (C) Yield. (c) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) The investment of city funds and funds under the officer's control and over which the officer had responsibility, rather than a consideration as to the prudence of a single investment; and (2) Whether the investment decision is consistent with the written investment policy of the city. Acts 2011, No. 629, § 1.

(a) (1) A city that has real property assessed valuation in excess of three hundred million dollars ($300,000,000) may invest the city's funds in securities under § 23-47-401 and according to the investment policy adopted by the governing body of the city. (2) The investment policy adopted by the city's governing body may authorize a maturity term exceeding the term stated in § 19-1-504(a)(1)(A) .

(1) A city that has real property assessed valuation in excess of three hundred million dollars ($300,000,000) may invest the city's funds in securities under § 23-47-401 and according to the investment policy adopted by the governing body of the city.

(2) The investment policy adopted by the city's governing body may authorize a maturity term exceeding the term stated in § 19-1-504(a)(1)(A) .

(b) (1) Each investment shall be made with the judgment and care under prevailing circumstances that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation but for investment, considering the probable safety of the capital and the probable income to be derived. (2) Investment of funds shall be governed by the following investment objectives in order of priority: (A) Preservation and safety of the principal; (B) Liquidity; and (C) Yield.

(1) Each investment shall be made with the judgment and care under prevailing circumstances that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation but for investment, considering the probable safety of the capital and the probable income to be derived.

(2) Investment of funds shall be governed by the following investment objectives in order of priority: (A) Preservation and safety of the principal; (B) Liquidity; and (C) Yield.

(A) Preservation and safety of the principal;

(B) Liquidity; and

(C) Yield.

(c) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) The investment of city funds and funds under the officer's control and over which the officer had responsibility, rather than a consideration as to the prudence of a single investment; and (2) Whether the investment decision is consistent with the written investment policy of the city.

(1) The investment of city funds and funds under the officer's control and over which the officer had responsibility, rather than a consideration as to the prudence of a single investment; and

(2) Whether the investment decision is consistent with the written investment policy of the city.

Acts 2011, No. 629, § 1.
Ark. Code Ann. § 19-6-801 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-801
[Repealed]
Status: repealed

Repealed by Act 2023, No. 588,§ 21, eff. 8/1/2023. Acts 2005, No. 1449, § 2.

Repealed by Act 2023, No. 588,§ 21, eff. 8/1/2023.

Acts 2005, No. 1449, § 2.
Ark. Code Ann. § 19-1-502 — AR Code / Title 19 / Chapter 1 / Subchapter 5 / Section 19-1-502
Provisions supplemental
Status: in_force

This subchapter does not repeal any prior legislation or affect any statute pertaining to the conversion of funds of public officials and agencies into investments authorized under this subchapter but is supplemental to present law and confers additional powers. Acts 1943, No. 273, § 3; A.S.A. 1947, § 13-903; Acts 2011, No. 629, § 1.

This subchapter does not repeal any prior legislation or affect any statute pertaining to the conversion of funds of public officials and agencies into investments authorized under this subchapter but is supplemental to present law and confers additional powers.

Acts 1943, No. 273, § 3; A.S.A. 1947, § 13-903; Acts 2011, No. 629, § 1.
Ark. Code Ann. § 19-4-706 — AR Code / Title 19 / Chapter 4 / Subchapter 7 / Section 19-4-706
Interest and carrying charges
Status: in_force

State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest, late charges, but only when such late charges are incurred sixty (60) days after payment is due, or carrying charges under such rules as may be promulgated by the State Procurement Director. Amended by Act 2019, No. 315,§ 1712, eff. 7/24/2019. Acts 1973, No. 876, § 25; 1985, No. 365, § 13; A.S.A. 1947, § 13-351; Acts 1997, No. 1066, § 1.

State agencies, including exempt agencies, may enter into contracts which contemplate the payment of interest, late charges, but only when such late charges are incurred sixty (60) days after payment is due, or carrying charges under such rules as may be promulgated by the State Procurement Director.

Amended by Act 2019, No. 315,§ 1712, eff. 7/24/2019.

Acts 1973, No. 876, § 25; 1985, No. 365, § 13; A.S.A. 1947, § 13-351; Acts 1997, No. 1066, § 1.
Ark. Code Ann. § 19-11-225 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-225
Rules
Status: in_force

(a) (1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) A rule promulgated by the director under this subchapter is not effective until the rule is: (A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 . (b) A rule shall not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the rule. (c) (1) A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation. (2) The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party. Amended by Act 2019, No. 315,§ 1766, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 2, eff. 7/24/2019. Acts 1979, No. 482, § 23; A.S.A. 1947, § 14-251; Acts 2001, No. 1237, § 18.

(a) (1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) A rule promulgated by the director under this subchapter is not effective until the rule is: (A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(1) The State Procurement Director shall adopt rules in accordance with the applicable provisions of this subchapter and of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) A rule promulgated by the director under this subchapter is not effective until the rule is: (A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and (B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(A) Submitted to and reviewed by the Review Subcommittee of the Legislative Council; and

(B) Reviewed and approved by the Legislative Council under § 10-3-309 .

(b) A rule shall not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the rule.

(c) (1) A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation. (2) The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.

(1) A clause that is required by rule to be included is not incorporated by operation of law in any state contract without the consent of both parties to the contract to the incorporation.

(2) The parties to the contract may give such consent to incorporation by reference at any time after the contract has been entered into and without the necessity of consideration passing to either party.

Amended by Act 2019, No. 315,§ 1766, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 2, eff. 7/24/2019.

Acts 1979, No. 482, § 23; A.S.A. 1947, § 14-251; Acts 2001, No. 1237, § 18.
Ark. Code Ann. § 19-4-805 — AR Code / Title 19 / Chapter 4 / Subchapter 8 / Section 19-4-805
Investment of fund balances
Status: in_force

(a) The state-supported institutions of higher education shall have the right to determine the depositories and the nature of investments of any of their cash funds which are not currently needed for operating purposes. In making these determinations, these institutions shall seek to obtain the highest possible rate of return for their investments. (b) All cash fund agencies other than the state-supported institutions of higher education shall request and abide by the recommendations of the State Board of Finance as to the best investment decisions for any idle cash balances. Acts 1975, No. 5, §§ 8, 9; A.S.A. 1947, §§ 13-363, 13-364.

(a) The state-supported institutions of higher education shall have the right to determine the depositories and the nature of investments of any of their cash funds which are not currently needed for operating purposes. In making these determinations, these institutions shall seek to obtain the highest possible rate of return for their investments.

(b) All cash fund agencies other than the state-supported institutions of higher education shall request and abide by the recommendations of the State Board of Finance as to the best investment decisions for any idle cash balances.

Acts 1975, No. 5, §§ 8, 9; A.S.A. 1947, §§ 13-363, 13-364.
Ark. Code Ann. § 19-5-979 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-979
Landfill Post-Closure 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 "Landfill Post-Closure Trust Fund". (b) The fund shall consist of those special revenues as specified in § 19-6-301 (167), federal funds, interest earned, and any gifts or donations, there to be used solely for the administration of and for landfill post-closure corrective action as administered by the Division of Environmental Quality as set out in § 8-6-1001 et seq., and shall not be appropriated for any other purpose. Amended by Act 2019, No. 910,§ 3190, eff. 7/1/2019. Acts 1993, No. 1073, § 11; 1997, No. 1248, § 17; 1999, No. 1164, § 162; 2005, No. 25, § 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 "Landfill Post-Closure Trust Fund".

(b) The fund shall consist of those special revenues as specified in § 19-6-301 (167), federal funds, interest earned, and any gifts or donations, there to be used solely for the administration of and for landfill post-closure corrective action as administered by the Division of Environmental Quality as set out in § 8-6-1001 et seq., and shall not be appropriated for any other purpose.

Amended by Act 2019, No. 910,§ 3190, eff. 7/1/2019.

Acts 1993, No. 1073, § 11; 1997, No. 1248, § 17; 1999, No. 1164, § 162; 2005, No. 25, § 1.
Ark. Code Ann. § 19-5-1080 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1080
Highway Safety Special 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 "Highway Safety Special Fund". (b) (1) The Highway Safety Special Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund. (2) The Highway Safety Special Fund shall be used for support of programs of the Arkansas Highway Safety Program. Acts 1997, No. 1248, § 25; 1999, No. 1463, § 25.

(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 "Highway Safety Special Fund".

(b) (1) The Highway Safety Special Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund. (2) The Highway Safety Special Fund shall be used for support of programs of the Arkansas Highway Safety Program.

(1) The Highway Safety Special Fund shall consist of those moneys transferred or deposited from the State Administration of Justice Fund.

(2) The Highway Safety Special Fund shall be used for support of programs of the Arkansas Highway Safety Program.

Acts 1997, No. 1248, § 25; 1999, No. 1463, § 25.
Ark. Code Ann. § 19-6-471 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-471
Marketing Recyclables Program Fund
Status: in_force

The Marketing Recyclables Program Fund shall consist of those special revenues as specified in § 19-6-301 (162), there to be used by the Compliance Advisory Panel for the Marketing Recyclables Program for the administration and performance of its duties, as administered by the Division of Environmental Quality under § 8-9-201 et seq. Amended by Act 2019, No. 910,§ 3207, eff. 7/1/2019. Amended by Act 2017, No. 1067,§ 9, eff. 8/1/2017. Acts 1993, No. 1072, § 12; 1999, No. 1164, § 172.

The Marketing Recyclables Program Fund shall consist of those special revenues as specified in § 19-6-301 (162), there to be used by the Compliance Advisory Panel for the Marketing Recyclables Program for the administration and performance of its duties, as administered by the Division of Environmental Quality under § 8-9-201 et seq.

Amended by Act 2019, No. 910,§ 3207, eff. 7/1/2019.

Amended by Act 2017, No. 1067,§ 9, eff. 8/1/2017.

Acts 1993, No. 1072, § 12; 1999, No. 1164, § 172.
Ark. Code Ann. § 19-12-118 — AR Code / Title 19 / Chapter 12 / Subchapter 1 / Section 19-12-118
Monitoring and evaluation of programs
Status: in_force

(a) The Arkansas Tobacco Settlement Commission is directed to conduct monitoring and evaluation of the programs established in §§ 19-12-113 - 19-12-116 to ensure optimal impact on improving the health of Arkansans and fiscal stewardship of the Tobacco Settlement. The commission shall develop performance indicators to monitor programmatic functions that are state-specific and situation-specific and to support performance-based assessment for governmental accountability. The performance indicators shall reflect short-term and long-term goals and objectives of each program, be measurable, and provide guidance for internal programmatic improvement and legislative funding decisions. The commission is expected to modify these performance indicators as goals and objectives are met and new inputs to programmatic outcomes are identified. (b) All programs funded by the tobacco settlement and established in §§ 19-12-113 - 19-12-116 shall be monitored and evaluated to justify continued support based upon the state's performance-based budgeting initiative. These programs shall be administered pursuant to a strategic plan encompassing the elements of a mission statement, defined programs, program goals with measurable objectives and strategies to be implemented over a specific timeframe. Evaluation of each program shall include performance-based measures for accountability that will measure specific health-related results. All expenditures that are payable from the Tobacco Settlement Program Fund and from each of the program accounts, therein, shall be subject to the same fiscal control, accounting, budgetary, and purchasing laws as are expenditures and obligations payable from State Treasury funds, except as specified otherwise in this chapter. The Chief Fiscal Officer of the State may require additional controls, procedures, and reporting requirements that he or she determines are necessary in order to carry out the intent of this chapter. (c) The commission is directed to establish program goals in according with the following initiation, short-term and long-term performance indicators for each program to be funded by the tobacco settlement, which performance indicators shall be subject to modification by the commission based on specific situations and subsequent developments. Progress with respect to these performance indicators shall be reported to the Governor and the General Assembly for future appropriation decisions: (1) Tobacco prevention and cessation: The goal is to reduce the initiation of tobacco use and the resulting negative health and economic impact. The following are anticipated objectives in reaching this overall goal: (A) Initiation: The Department of Health is to start the program within six (6) months of available appropriation and funding; (B) Short-term: Communities shall establish local tobacco prevention initiatives; (C) Long-term: Surveys demonstrate a reduction in numbers of Arkansans who smoke and/or use tobacco. (2) Medicaid Expansion: The goal is to expand access to healthcare through targeted Medicaid expansions, thereby improving the health of eligible Arkansans: (A) Initiation: The Department of Human Services is to start the program initiatives within six (6) months of available appropriation and funding; (B) Short-term: The Department of Human Services demonstrates an increase in the number of new Medicaid eligible persons participating in the expanded programs. (C) Long-term: Demonstrate improved health and reduced long-term health costs of Medicaid eligible persons participating in the expanded programs; (3) Research and health education: The goal is to develop new tobacco-related medical and agricultural research initiatives to improve the access to new technologies, improve the health of Arkansans, and stabilize the economic security of Arkansas: (A) Initiation: The Arkansas Biosciences Institute Board shall begin operation of the Arkansas Biosciences Institute within twelve (12) months of available appropriation and funding; (B) Short-term: The Arkansas Biosciences Institute shall initiate new research programs for the purpose of conducting, as specified in § 19-12-115 , agricultural research with medical implications, bioengineering research, tobacco-related research, nutritional research focusing on cancer prevention or treatment, and other research approved by the Arkansas Biosciences Institute Board; (C) Long-term: The institute's research results should translate into commercial, alternate technological, and other applications wherever appropriate in order that the research results may be applied to the planning, implementation and evaluation of any health related programs in the state. The Arkansas Biosciences Institute is also to obtain federal and philanthropic grant funding; (4) Targeted state needs programs: The goal is to improve the healthcare systems in Arkansas and the access to healthcare delivery systems, thereby resolving critical deficiencies that negatively impact the health of the citizens of the state: (A) College of Public Health of the University of Arkansas for Medical Sciences: (i) Initiation: Increase the number of communities in which participants receive public health training; (ii) Short-Term: Obtain federal and philanthropic grant funding; (iii) Long-term: Elevate the overall ranking of the health status of Arkansas; (B) Minority health initiative: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for minority population and increase the number of Arkansans screened and treated for tobacco-related illnesses; (iii) Long-term: Reduce death/disability due to tobacco-related illnesses of Arkansans; (C) Donald W. Reynolds Center on Aging: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for elderly Arkansans and increase the number of Arkansans participating in health improvement programs; (iii) Long-term: Improve health status and decrease death rates of elderly Arkansans, as well as obtaining federal and philanthropic grant funding; and (D) Area Health Education Center: (i) Initiation: Start the new area health education center in Helena with DHEC offices in West Memphis and Lake Village within twelve (12) months of available appropriation and funding; (ii) Short-term: Increase the number of communities and clients served through the expanded AHEC/DHEC offices; (iii) Long-term: Increase the access to a primary care provider in underserved communities. Init. Meas. 2000, No. 1, § 18.

(a) The Arkansas Tobacco Settlement Commission is directed to conduct monitoring and evaluation of the programs established in §§ 19-12-113 - 19-12-116 to ensure optimal impact on improving the health of Arkansans and fiscal stewardship of the Tobacco Settlement. The commission shall develop performance indicators to monitor programmatic functions that are state-specific and situation-specific and to support performance-based assessment for governmental accountability. The performance indicators shall reflect short-term and long-term goals and objectives of each program, be measurable, and provide guidance for internal programmatic improvement and legislative funding decisions. The commission is expected to modify these performance indicators as goals and objectives are met and new inputs to programmatic outcomes are identified.

(b) All programs funded by the tobacco settlement and established in §§ 19-12-113 - 19-12-116 shall be monitored and evaluated to justify continued support based upon the state's performance-based budgeting initiative. These programs shall be administered pursuant to a strategic plan encompassing the elements of a mission statement, defined programs, program goals with measurable objectives and strategies to be implemented over a specific timeframe. Evaluation of each program shall include performance-based measures for accountability that will measure specific health-related results. All expenditures that are payable from the Tobacco Settlement Program Fund and from each of the program accounts, therein, shall be subject to the same fiscal control, accounting, budgetary, and purchasing laws as are expenditures and obligations payable from State Treasury funds, except as specified otherwise in this chapter. The Chief Fiscal Officer of the State may require additional controls, procedures, and reporting requirements that he or she determines are necessary in order to carry out the intent of this chapter.

(c) The commission is directed to establish program goals in according with the following initiation, short-term and long-term performance indicators for each program to be funded by the tobacco settlement, which performance indicators shall be subject to modification by the commission based on specific situations and subsequent developments. Progress with respect to these performance indicators shall be reported to the Governor and the General Assembly for future appropriation decisions: (1) Tobacco prevention and cessation: The goal is to reduce the initiation of tobacco use and the resulting negative health and economic impact. The following are anticipated objectives in reaching this overall goal: (A) Initiation: The Department of Health is to start the program within six (6) months of available appropriation and funding; (B) Short-term: Communities shall establish local tobacco prevention initiatives; (C) Long-term: Surveys demonstrate a reduction in numbers of Arkansans who smoke and/or use tobacco. (2) Medicaid Expansion: The goal is to expand access to healthcare through targeted Medicaid expansions, thereby improving the health of eligible Arkansans: (A) Initiation: The Department of Human Services is to start the program initiatives within six (6) months of available appropriation and funding; (B) Short-term: The Department of Human Services demonstrates an increase in the number of new Medicaid eligible persons participating in the expanded programs. (C) Long-term: Demonstrate improved health and reduced long-term health costs of Medicaid eligible persons participating in the expanded programs; (3) Research and health education: The goal is to develop new tobacco-related medical and agricultural research initiatives to improve the access to new technologies, improve the health of Arkansans, and stabilize the economic security of Arkansas: (A) Initiation: The Arkansas Biosciences Institute Board shall begin operation of the Arkansas Biosciences Institute within twelve (12) months of available appropriation and funding; (B) Short-term: The Arkansas Biosciences Institute shall initiate new research programs for the purpose of conducting, as specified in § 19-12-115 , agricultural research with medical implications, bioengineering research, tobacco-related research, nutritional research focusing on cancer prevention or treatment, and other research approved by the Arkansas Biosciences Institute Board; (C) Long-term: The institute's research results should translate into commercial, alternate technological, and other applications wherever appropriate in order that the research results may be applied to the planning, implementation and evaluation of any health related programs in the state. The Arkansas Biosciences Institute is also to obtain federal and philanthropic grant funding; (4) Targeted state needs programs: The goal is to improve the healthcare systems in Arkansas and the access to healthcare delivery systems, thereby resolving critical deficiencies that negatively impact the health of the citizens of the state: (A) College of Public Health of the University of Arkansas for Medical Sciences: (i) Initiation: Increase the number of communities in which participants receive public health training; (ii) Short-Term: Obtain federal and philanthropic grant funding; (iii) Long-term: Elevate the overall ranking of the health status of Arkansas; (B) Minority health initiative: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for minority population and increase the number of Arkansans screened and treated for tobacco-related illnesses; (iii) Long-term: Reduce death/disability due to tobacco-related illnesses of Arkansans; (C) Donald W. Reynolds Center on Aging: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for elderly Arkansans and increase the number of Arkansans participating in health improvement programs; (iii) Long-term: Improve health status and decrease death rates of elderly Arkansans, as well as obtaining federal and philanthropic grant funding; and (D) Area Health Education Center: (i) Initiation: Start the new area health education center in Helena with DHEC offices in West Memphis and Lake Village within twelve (12) months of available appropriation and funding; (ii) Short-term: Increase the number of communities and clients served through the expanded AHEC/DHEC offices; (iii) Long-term: Increase the access to a primary care provider in underserved communities.

(1) Tobacco prevention and cessation: The goal is to reduce the initiation of tobacco use and the resulting negative health and economic impact. The following are anticipated objectives in reaching this overall goal: (A) Initiation: The Department of Health is to start the program within six (6) months of available appropriation and funding; (B) Short-term: Communities shall establish local tobacco prevention initiatives; (C) Long-term: Surveys demonstrate a reduction in numbers of Arkansans who smoke and/or use tobacco.

(A) Initiation: The Department of Health is to start the program within six (6) months of available appropriation and funding;

(B) Short-term: Communities shall establish local tobacco prevention initiatives;

(C) Long-term: Surveys demonstrate a reduction in numbers of Arkansans who smoke and/or use tobacco.

(2) Medicaid Expansion: The goal is to expand access to healthcare through targeted Medicaid expansions, thereby improving the health of eligible Arkansans: (A) Initiation: The Department of Human Services is to start the program initiatives within six (6) months of available appropriation and funding; (B) Short-term: The Department of Human Services demonstrates an increase in the number of new Medicaid eligible persons participating in the expanded programs. (C) Long-term: Demonstrate improved health and reduced long-term health costs of Medicaid eligible persons participating in the expanded programs;

(A) Initiation: The Department of Human Services is to start the program initiatives within six (6) months of available appropriation and funding;

(B) Short-term: The Department of Human Services demonstrates an increase in the number of new Medicaid eligible persons participating in the expanded programs.

(C) Long-term: Demonstrate improved health and reduced long-term health costs of Medicaid eligible persons participating in the expanded programs;

(3) Research and health education: The goal is to develop new tobacco-related medical and agricultural research initiatives to improve the access to new technologies, improve the health of Arkansans, and stabilize the economic security of Arkansas: (A) Initiation: The Arkansas Biosciences Institute Board shall begin operation of the Arkansas Biosciences Institute within twelve (12) months of available appropriation and funding; (B) Short-term: The Arkansas Biosciences Institute shall initiate new research programs for the purpose of conducting, as specified in § 19-12-115 , agricultural research with medical implications, bioengineering research, tobacco-related research, nutritional research focusing on cancer prevention or treatment, and other research approved by the Arkansas Biosciences Institute Board; (C) Long-term: The institute's research results should translate into commercial, alternate technological, and other applications wherever appropriate in order that the research results may be applied to the planning, implementation and evaluation of any health related programs in the state. The Arkansas Biosciences Institute is also to obtain federal and philanthropic grant funding;

(A) Initiation: The Arkansas Biosciences Institute Board shall begin operation of the Arkansas Biosciences Institute within twelve (12) months of available appropriation and funding;

(B) Short-term: The Arkansas Biosciences Institute shall initiate new research programs for the purpose of conducting, as specified in § 19-12-115 , agricultural research with medical implications, bioengineering research, tobacco-related research, nutritional research focusing on cancer prevention or treatment, and other research approved by the Arkansas Biosciences Institute Board;

(C) Long-term: The institute's research results should translate into commercial, alternate technological, and other applications wherever appropriate in order that the research results may be applied to the planning, implementation and evaluation of any health related programs in the state. The Arkansas Biosciences Institute is also to obtain federal and philanthropic grant funding;

(4) Targeted state needs programs: The goal is to improve the healthcare systems in Arkansas and the access to healthcare delivery systems, thereby resolving critical deficiencies that negatively impact the health of the citizens of the state: (A) College of Public Health of the University of Arkansas for Medical Sciences: (i) Initiation: Increase the number of communities in which participants receive public health training; (ii) Short-Term: Obtain federal and philanthropic grant funding; (iii) Long-term: Elevate the overall ranking of the health status of Arkansas; (B) Minority health initiative: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for minority population and increase the number of Arkansans screened and treated for tobacco-related illnesses; (iii) Long-term: Reduce death/disability due to tobacco-related illnesses of Arkansans; (C) Donald W. Reynolds Center on Aging: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for elderly Arkansans and increase the number of Arkansans participating in health improvement programs; (iii) Long-term: Improve health status and decrease death rates of elderly Arkansans, as well as obtaining federal and philanthropic grant funding; and (D) Area Health Education Center: (i) Initiation: Start the new area health education center in Helena with DHEC offices in West Memphis and Lake Village within twelve (12) months of available appropriation and funding; (ii) Short-term: Increase the number of communities and clients served through the expanded AHEC/DHEC offices; (iii) Long-term: Increase the access to a primary care provider in underserved communities.

(A) College of Public Health of the University of Arkansas for Medical Sciences: (i) Initiation: Increase the number of communities in which participants receive public health training; (ii) Short-Term: Obtain federal and philanthropic grant funding; (iii) Long-term: Elevate the overall ranking of the health status of Arkansas;

(i) Initiation: Increase the number of communities in which participants receive public health training;

(ii) Short-Term: Obtain federal and philanthropic grant funding;

(iii) Long-term: Elevate the overall ranking of the health status of Arkansas;

(B) Minority health initiative: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for minority population and increase the number of Arkansans screened and treated for tobacco-related illnesses; (iii) Long-term: Reduce death/disability due to tobacco-related illnesses of Arkansans;

(i) Initiation: Start the program within twelve (12) months of available appropriation and funding;

(ii) Short-term: Prioritize the list of health problems and planned intervention for minority population and increase the number of Arkansans screened and treated for tobacco-related illnesses;

(iii) Long-term: Reduce death/disability due to tobacco-related illnesses of Arkansans;

(C) Donald W. Reynolds Center on Aging: (i) Initiation: Start the program within twelve (12) months of available appropriation and funding; (ii) Short-term: Prioritize the list of health problems and planned intervention for elderly Arkansans and increase the number of Arkansans participating in health improvement programs; (iii) Long-term: Improve health status and decrease death rates of elderly Arkansans, as well as obtaining federal and philanthropic grant funding; and

(i) Initiation: Start the program within twelve (12) months of available appropriation and funding;

(ii) Short-term: Prioritize the list of health problems and planned intervention for elderly Arkansans and increase the number of Arkansans participating in health improvement programs;

(iii) Long-term: Improve health status and decrease death rates of elderly Arkansans, as well as obtaining federal and philanthropic grant funding; and

(D) Area Health Education Center: (i) Initiation: Start the new area health education center in Helena with DHEC offices in West Memphis and Lake Village within twelve (12) months of available appropriation and funding; (ii) Short-term: Increase the number of communities and clients served through the expanded AHEC/DHEC offices; (iii) Long-term: Increase the access to a primary care provider in underserved communities.

(i) Initiation: Start the new area health education center in Helena with DHEC offices in West Memphis and Lake Village within twelve (12) months of available appropriation and funding;

(ii) Short-term: Increase the number of communities and clients served through the expanded AHEC/DHEC offices;

(iii) Long-term: Increase the access to a primary care provider in underserved communities.

Init. Meas. 2000, No. 1, § 18.
Ark. Code Ann. § 19-5-1064 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1064
[Repealed]
Status: repealed

Repealed by Act 2019, No. 335,§ 2, eff. 7/24/2019. Acts 1995, No. 1163, § 27.

Repealed by Act 2019, No. 335,§ 2, eff. 7/24/2019.

Acts 1995, No. 1163, § 27.
Ark. Code Ann. § 19-5-1268 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1268
Skills Development 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 "Skills Development Fund". (b) The fund shall consist of: (1) General revenues authorized by law; (2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (3) Any other revenues authorized by law. (c) The fund shall be used by the Office of Skills Development as provided in § 25-30-109 . Added by Act 2020F, No. 187,§ 3, eff. 7/1/2020. Added by Act 2020F, No. 186,§ 3, eff. 7/1/2020.

(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 "Skills Development Fund".

(b) The fund shall consist of: (1) General revenues authorized by law; (2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and (3) Any other revenues authorized by law.

(1) General revenues authorized by law;

(2) Moneys obtained from private grants or other sources that are designated to be credited to the fund; and

(3) Any other revenues authorized by law.

(c) The fund shall be used by the Office of Skills Development as provided in § 25-30-109 .

Added by Act 2020F, No. 187,§ 3, eff. 7/1/2020.

Added by Act 2020F, No. 186,§ 3, eff. 7/1/2020.
Ark. Code Ann. § 19-5-105 — AR Code / Title 19 / Chapter 5 / Subchapter 1 / Section 19-5-105
Appropriations for agencies not funded
Status: in_force

In the event the General Assembly has appropriated general revenue funds for any agency, department, or institution for which funding is not provided in this chapter, the Chief Fiscal Officer of the State shall make the appropriation payable from the General Revenue Fund from which the principal department as created by §§ 6-11-101 , 6-11-102 , 25-2-101 - 25-2-109 , 25-5-101 , 25-6-102 , 25-7-101 , 25-8-101 , 25-8-105 , 25-9-101 ,, 25-10-102 , 25-10-103 [repealed], 25-10-104 , 25-10-105 [repealed], 25-10-106 , 25-11-101 , 25-11-102 , 25-12-101 , 25-13-101 , and 25-14-101 draws its support. In the event such appropriation is made to any other agency of the state, the appropriation is to be made payable from the Miscellaneous Agencies Fund Account. Acts 1973, No. 750, § 9; 1979, No. 1013, § 8; 1979, No. 1077, § 2; A.S.A. 1947, § 13-535.

In the event the General Assembly has appropriated general revenue funds for any agency, department, or institution for which funding is not provided in this chapter, the Chief Fiscal Officer of the State shall make the appropriation payable from the General Revenue Fund from which the principal department as created by §§ 6-11-101 , 6-11-102 , 25-2-101 - 25-2-109 , 25-5-101 , 25-6-102 , 25-7-101 , 25-8-101 , 25-8-105 , 25-9-101 ,, 25-10-102 , 25-10-103 [repealed], 25-10-104 , 25-10-105 [repealed], 25-10-106 , 25-11-101 , 25-11-102 , 25-12-101 , 25-13-101 , and 25-14-101 draws its support. In the event such appropriation is made to any other agency of the state, the appropriation is to be made payable from the Miscellaneous Agencies Fund Account.

Acts 1973, No. 750, § 9; 1979, No. 1013, § 8; 1979, No. 1077, § 2; A.S.A. 1947, § 13-535.
Ark. Code Ann. § 19-4-2104 — AR Code / Title 19 / Chapter 4 / Subchapter 21 / Section 19-4-2104
Expenditures - Disapproval
Status: in_force

No disbursing officer of state funds shall approve any expenditure from maintenance and operation funds for expenses for a constitutional officer or an employee of a constitutional officer unless the request for the expenditure is accompanied by the documentation required by this subchapter. Acts 1991, No. 768, § 4.

No disbursing officer of state funds shall approve any expenditure from maintenance and operation funds for expenses for a constitutional officer or an employee of a constitutional officer unless the request for the expenditure is accompanied by the documentation required by this subchapter.

Acts 1991, No. 768, § 4.
Ark. Code Ann. § 19-5-971 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-971
Waste Disposal and Pollution Abatement Facilities Operation and Maintenance 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 "Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund". (b) The fund shall consist of proceeds from the sale of bonds as issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, there to be used for all or a part of the operation and maintenance of the projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq. Acts 1991, No. 1135, § 10.

(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 "Waste Disposal and Pollution Abatement Facilities Operation and Maintenance Fund".

(b) The fund shall consist of proceeds from the sale of bonds as issued by the Arkansas Natural Resources Commission and revenues derived from projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., in amounts or portions as set forth in the resolution or trust indenture authorizing or securing such bonds, there to be used for all or a part of the operation and maintenance of the projects financed under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq.

Acts 1991, No. 1135, § 10.
Ark. Code Ann. § 19-1-504 — AR Code / Title 19 / Chapter 1 / Subchapter 5 / Section 19-1-504
Investments permitted
Status: in_force

(a) (1) With the approval of the county or municipal depository board, a treasurer may convert any funds in the treasurer's possession or under the treasurer's control and not presently needed for other purposes into one (1) or more of the following investments: (A) Eligible investment securities having a maturity of not longer than five (5) years from the date of acquisition unless, as documented at the time of acquisition, the investment is to fund or support a specific purpose and there are no expectations that the investment will be sold before maturity; (B) An Arkansas bank certificate of deposit or a certificate of deposit authorized under § 19-8-111 ; (C) An account established by a local government joint investment trust authorized under the Local Government Joint Investment Trust Act, § 19-8-301 et seq.; or (D) An Arkansas financial institution repurchase agreement for eligible investment securities in which the seller agrees to repurchase the investment at a price including interest earned during the holding period as determined by the repurchase agreement. (2) The following entities may convert funds that are in the possession of the entity or under the control of the entity and that are not presently needed for other purposes into an investment listed in subdivision (a)(1) of this section: (A) A county board or commission; (B) A municipal board or commission, including without limitation a board of trustees of a policemen's pension and relief fund, a board of trustees of a firemen's relief and pension fund, a waterworks commission, and a sewer committee; and (C) A drainage district, levee district, and improvement district, including without limitation a waterworks district, electric light district, municipal improvement district, and suburban improvement district. (3) This subsection does not apply to funds of a school district. (b) (1) Unless otherwise provided by a signed written agreement between the school district or districts and the county treasurer, funds of a school district shall be invested by the: (A) School district treasurer when the school district has a treasurer; or (B) County treasurer when the school district does not have a treasurer. (2) To the extent directed by the board of directors of the school district, investments shall be in: (A) General obligation bonds of the United States; (B) Bonds, notes, debentures, or other obligations issued by an agency of the United States Government; (C) General obligation bonds of the state; or (D) Bank certificates of deposit. (c) A school district may invest moneys held for the repayment of a federally recognized qualified zone academy bond under 26 U.S.C. § 1397E , as it existed on January 1, 2005, in a guaranteed investment contract or forward delivery agreement in which the school district is guaranteed a certain rate of interest on its investment if the guaranteed investment contract or the forward delivery agreement is entered into between the school district and the purchaser of the qualified zone academy bond. (d) A treasurer or other custodian of public funds who is authorized to purchase and hold eligible investment securities may use a brokerage account to acquire, sell, and hold the investment if the investment is established with a broker-dealer that: (1) Has offices in the state; (2) Is registered with the State Securities Department; (3) Is a member of the Financial Industry Regulatory Authority, Inc.; and (4) Is a member of the Securities Investor Protection Corporation. (e) Unless restrictions are established by the donor, a private donation to a city of the first class, a city of the second class, or an incorporated town may be invested in accordance with the prudent investor rule established under § 28-71-105 . Acts 1943, No. 273, § 1; 1973, No. 106, § 1; A.S.A. 1947, § 13-901; Acts 1995, No. 402, § 1; 1997, No. 800, § 1; 2005, No. 2205, § 1; 2009, No. 251, § 2; 2011, No. 629, § 1.

(a) (1) With the approval of the county or municipal depository board, a treasurer may convert any funds in the treasurer's possession or under the treasurer's control and not presently needed for other purposes into one (1) or more of the following investments: (A) Eligible investment securities having a maturity of not longer than five (5) years from the date of acquisition unless, as documented at the time of acquisition, the investment is to fund or support a specific purpose and there are no expectations that the investment will be sold before maturity; (B) An Arkansas bank certificate of deposit or a certificate of deposit authorized under § 19-8-111 ; (C) An account established by a local government joint investment trust authorized under the Local Government Joint Investment Trust Act, § 19-8-301 et seq.; or (D) An Arkansas financial institution repurchase agreement for eligible investment securities in which the seller agrees to repurchase the investment at a price including interest earned during the holding period as determined by the repurchase agreement. (2) The following entities may convert funds that are in the possession of the entity or under the control of the entity and that are not presently needed for other purposes into an investment listed in subdivision (a)(1) of this section: (A) A county board or commission; (B) A municipal board or commission, including without limitation a board of trustees of a policemen's pension and relief fund, a board of trustees of a firemen's relief and pension fund, a waterworks commission, and a sewer committee; and (C) A drainage district, levee district, and improvement district, including without limitation a waterworks district, electric light district, municipal improvement district, and suburban improvement district. (3) This subsection does not apply to funds of a school district.

(1) With the approval of the county or municipal depository board, a treasurer may convert any funds in the treasurer's possession or under the treasurer's control and not presently needed for other purposes into one (1) or more of the following investments: (A) Eligible investment securities having a maturity of not longer than five (5) years from the date of acquisition unless, as documented at the time of acquisition, the investment is to fund or support a specific purpose and there are no expectations that the investment will be sold before maturity; (B) An Arkansas bank certificate of deposit or a certificate of deposit authorized under § 19-8-111 ; (C) An account established by a local government joint investment trust authorized under the Local Government Joint Investment Trust Act, § 19-8-301 et seq.; or (D) An Arkansas financial institution repurchase agreement for eligible investment securities in which the seller agrees to repurchase the investment at a price including interest earned during the holding period as determined by the repurchase agreement.

(A) Eligible investment securities having a maturity of not longer than five (5) years from the date of acquisition unless, as documented at the time of acquisition, the investment is to fund or support a specific purpose and there are no expectations that the investment will be sold before maturity;

(B) An Arkansas bank certificate of deposit or a certificate of deposit authorized under § 19-8-111 ;

(C) An account established by a local government joint investment trust authorized under the Local Government Joint Investment Trust Act, § 19-8-301 et seq.; or

(D) An Arkansas financial institution repurchase agreement for eligible investment securities in which the seller agrees to repurchase the investment at a price including interest earned during the holding period as determined by the repurchase agreement.

(2) The following entities may convert funds that are in the possession of the entity or under the control of the entity and that are not presently needed for other purposes into an investment listed in subdivision (a)(1) of this section: (A) A county board or commission; (B) A municipal board or commission, including without limitation a board of trustees of a policemen's pension and relief fund, a board of trustees of a firemen's relief and pension fund, a waterworks commission, and a sewer committee; and (C) A drainage district, levee district, and improvement district, including without limitation a waterworks district, electric light district, municipal improvement district, and suburban improvement district.

(A) A county board or commission;

(B) A municipal board or commission, including without limitation a board of trustees of a policemen's pension and relief fund, a board of trustees of a firemen's relief and pension fund, a waterworks commission, and a sewer committee; and

(C) A drainage district, levee district, and improvement district, including without limitation a waterworks district, electric light district, municipal improvement district, and suburban improvement district.

(3) This subsection does not apply to funds of a school district.

(b) (1) Unless otherwise provided by a signed written agreement between the school district or districts and the county treasurer, funds of a school district shall be invested by the: (A) School district treasurer when the school district has a treasurer; or (B) County treasurer when the school district does not have a treasurer. (2) To the extent directed by the board of directors of the school district, investments shall be in: (A) General obligation bonds of the United States; (B) Bonds, notes, debentures, or other obligations issued by an agency of the United States Government; (C) General obligation bonds of the state; or (D) Bank certificates of deposit.

(1) Unless otherwise provided by a signed written agreement between the school district or districts and the county treasurer, funds of a school district shall be invested by the: (A) School district treasurer when the school district has a treasurer; or (B) County treasurer when the school district does not have a treasurer.

(A) School district treasurer when the school district has a treasurer; or

(B) County treasurer when the school district does not have a treasurer.

(2) To the extent directed by the board of directors of the school district, investments shall be in: (A) General obligation bonds of the United States; (B) Bonds, notes, debentures, or other obligations issued by an agency of the United States Government; (C) General obligation bonds of the state; or (D) Bank certificates of deposit.

(A) General obligation bonds of the United States;

(B) Bonds, notes, debentures, or other obligations issued by an agency of the United States Government;

(C) General obligation bonds of the state; or

(D) Bank certificates of deposit.

(c) A school district may invest moneys held for the repayment of a federally recognized qualified zone academy bond under 26 U.S.C. § 1397E , as it existed on January 1, 2005, in a guaranteed investment contract or forward delivery agreement in which the school district is guaranteed a certain rate of interest on its investment if the guaranteed investment contract or the forward delivery agreement is entered into between the school district and the purchaser of the qualified zone academy bond.

(d) A treasurer or other custodian of public funds who is authorized to purchase and hold eligible investment securities may use a brokerage account to acquire, sell, and hold the investment if the investment is established with a broker-dealer that: (1) Has offices in the state; (2) Is registered with the State Securities Department; (3) Is a member of the Financial Industry Regulatory Authority, Inc.; and (4) Is a member of the Securities Investor Protection Corporation.

(1) Has offices in the state;

(2) Is registered with the State Securities Department;

(3) Is a member of the Financial Industry Regulatory Authority, Inc.; and

(4) Is a member of the Securities Investor Protection Corporation.

(e) Unless restrictions are established by the donor, a private donation to a city of the first class, a city of the second class, or an incorporated town may be invested in accordance with the prudent investor rule established under § 28-71-105 .

Acts 1943, No. 273, § 1; 1973, No. 106, § 1; A.S.A. 1947, § 13-901; Acts 1995, No. 402, § 1; 1997, No. 800, § 1; 2005, No. 2205, § 1; 2009, No. 251, § 2; 2011, No. 629, § 1.
Ark. Code Ann. § 19-5-948 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-948
Manufactured Housing Recovery 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 "Manufactured Housing Recovery Fund". (b) The fund shall consist of fees assessed under the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., by the Arkansas Manufactured Home Commission, there to be used for such purposes as set out in §§ 20-29-104 - 20-29-108 and 20-29-110 . Acts 1989, No. 629, § 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 "Manufactured Housing Recovery Fund".

(b) The fund shall consist of fees assessed under the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., by the Arkansas Manufactured Home Commission, there to be used for such purposes as set out in §§ 20-29-104 - 20-29-108 and 20-29-110 .

Acts 1989, No. 629, § 11.
Ark. Code Ann. § 19-11-244 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-244
Resolution of protested solicitations and awards
Status: in_force

(a) (1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency. (2) (A) An actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (i) Director; or (ii) Head of a procurement agency. (B) A person submitting a protest under subdivision (a)(2)(A) of this section shall give notice of the protest to the person named in the anticipation to award a contract by sending the person a copy of the protest by electronic mail and regular mail. (3) The protest shall be submitted in writing within fourteen (14) calendar days after the calendar day on which the contract is awarded or the notice of anticipation to award the contract is posted, whichever occurs first. (4) A protest submitted by an aggrieved person under this section shall: (A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and (B) State facts that substantiate each ground on which the protest is based. (5) (A) A person named in an anticipation to award a contract that is protested under this section may file a written response to the protest. (B) A response to a protest submitted under subdivision (a)(5)(A) of this section shall be submitted in writing within five (5) days of the date the person is given notice of the protest under subdivision (a)(2)(B) of this section. (b) (1) (A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination. (B) (i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure. (2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director. (c) (1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing. (2) The administrative protest determination 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 within five (5) days after it is written to the protestor and any other party intervening. (e) An administrative protest determination under subsection (c) of this section is: (1) Final and conclusive; and (2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) In the event of a timely protest under subsection (a) of this section, the state shall not execute a contract that is the result of the protested solicitation or award unless the director or the head of the relevant procurement agency makes a written determination that the execution of the contract without delay is necessary to protect substantial interests of the state. (g) When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, through the commission. (h) An actual or prospective bidder, offeror, or contractor who is aggrieved by a protest submitted under this section that was without merit or intended purely to delay the award of a contract may bring a private cause of action for tortious interference with a business expectancy against the person or entity that submitted the protest. Amended by Act 2021, No. 793,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 793,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 487,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 420,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 420,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 420,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 882,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 882,§ 1, eff. 8/1/2017. Acts 1979, No. 482, § 57; A.S.A. 1947, § 14-276; Acts 2001, No. 1237, § 34; 2003, No. 487, § 7; 2005, No. 1680, § 10; 2009, No. 677, § 1.

(a) (1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency. (2) (A) An actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (i) Director; or (ii) Head of a procurement agency. (B) A person submitting a protest under subdivision (a)(2)(A) of this section shall give notice of the protest to the person named in the anticipation to award a contract by sending the person a copy of the protest by electronic mail and regular mail. (3) The protest shall be submitted in writing within fourteen (14) calendar days after the calendar day on which the contract is awarded or the notice of anticipation to award the contract is posted, whichever occurs first. (4) A protest submitted by an aggrieved person under this section shall: (A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and (B) State facts that substantiate each ground on which the protest is based. (5) (A) A person named in an anticipation to award a contract that is protested under this section may file a written response to the protest. (B) A response to a protest submitted under subdivision (a)(5)(A) of this section shall be submitted in writing within five (5) days of the date the person is given notice of the protest under subdivision (a)(2)(B) of this section.

(1) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation of a contract may protest by presenting a written notice at least seventy-two (72) hours before the filing deadline for the solicitation response to the State Procurement Director or the head of a procurement agency.

(2) (A) An actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (i) Director; or (ii) Head of a procurement agency. (B) A person submitting a protest under subdivision (a)(2)(A) of this section shall give notice of the protest to the person named in the anticipation to award a contract by sending the person a copy of the protest by electronic mail and regular mail.

(A) An actual bidder, offeror, or contractor who is aggrieved in connection with the award of a contract may protest to the: (i) Director; or (ii) Head of a procurement agency.

(i) Director; or

(ii) Head of a procurement agency.

(B) A person submitting a protest under subdivision (a)(2)(A) of this section shall give notice of the protest to the person named in the anticipation to award a contract by sending the person a copy of the protest by electronic mail and regular mail.

(3) The protest shall be submitted in writing within fourteen (14) calendar days after the calendar day on which the contract is awarded or the notice of anticipation to award the contract is posted, whichever occurs first.

(4) A protest submitted by an aggrieved person under this section shall: (A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and (B) State facts that substantiate each ground on which the protest is based.

(A) Be limited to one (1) or more of the following grounds: (i) The award of the contract exceeded the authority of the director or the procurement agency; (ii) The procurement process violated a constitutional, statutory, or regulatory provision; (iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award; (iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or (v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and

(i) The award of the contract exceeded the authority of the director or the procurement agency;

(ii) The procurement process violated a constitutional, statutory, or regulatory provision;

(iii) The director or the procurement agency failed to adhere to the rules of the procurement as stated in the solicitation, and the failure to adhere to the rules of the procurement materially affected the contract award;

(iv) The procurement process involved responses that were collusive, submitted in bad faith, or not arrived at independently through open competition; or

(v) The award of the contract resulted from a technical or mathematical error made during the evaluation process; and

(B) State facts that substantiate each ground on which the protest is based.

(5) (A) A person named in an anticipation to award a contract that is protested under this section may file a written response to the protest. (B) A response to a protest submitted under subdivision (a)(5)(A) of this section shall be submitted in writing within five (5) days of the date the person is given notice of the protest under subdivision (a)(2)(B) of this section.

(A) A person named in an anticipation to award a contract that is protested under this section may file a written response to the protest.

(B) A response to a protest submitted under subdivision (a)(5)(A) of this section shall be submitted in writing within five (5) days of the date the person is given notice of the protest under subdivision (a)(2)(B) of this section.

(b) (1) (A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination. (B) (i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure. (2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director.

(1) (A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination. (B) (i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure.

(A) The director, the head of a procurement agency, or a designee of either officer may settle and resolve a protest concerning the solicitation or award of a contract before rendering an administrative protest determination.

(B) (i) A meeting in an attempt to settle or resolve a protest is not a public meeting. (ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure.

(i) A meeting in an attempt to settle or resolve a protest is not a public meeting.

(ii) However, a final settlement or resolution of a protest made under this section shall not be kept secret, sealed, or withheld from public disclosure.

(2) The authority to settle or resolve a protest under this section shall be exercised in accordance with laws governing the Arkansas State Claims Commission, which has exclusive jurisdiction over all claims against the state in connection with the solicitation or award of a contract, and the rules promulgated by the director.

(c) (1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing. (2) The administrative protest determination shall state the reasons for the action taken.

(1) If a protest is not settled or resolved by mutual agreement under subsection (b) of this section, the director, the head of a procurement agency, or a designee of either officer shall promptly issue an administrative protest determination in writing.

(2) The administrative protest determination 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 within five (5) days after it is written to the protestor and any other party intervening.

(e) An administrative protest determination under subsection (c) of this section is: (1) Final and conclusive; and (2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Final and conclusive; and

(2) Not an order as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) In the event of a timely protest under subsection (a) of this section, the state shall not execute a contract that is the result of the protested solicitation or award unless the director or the head of the relevant procurement agency makes a written determination that the execution of the contract without delay is necessary to protect substantial interests of the state.

(g) When the protest is sustained and the successfully protesting bidder or offeror was denied the contract award, the protesting bidder or offeror may be entitled to the reasonable costs incurred in connection with the solicitation, including bid preparation costs, through the commission.

(h) An actual or prospective bidder, offeror, or contractor who is aggrieved by a protest submitted under this section that was without merit or intended purely to delay the award of a contract may bring a private cause of action for tortious interference with a business expectancy against the person or entity that submitted the protest.

Amended by Act 2021, No. 793,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 793,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 487,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 420,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 420,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 420,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 882,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 882,§ 1, eff. 8/1/2017.

Acts 1979, No. 482, § 57; A.S.A. 1947, § 14-276; Acts 2001, No. 1237, § 34; 2003, No. 487, § 7; 2005, No. 1680, § 10; 2009, No. 677, § 1.
Ark. Code Ann. § 19-9-704 — AR Code / Title 19 / Chapter 9 / Subchapter 7 / Section 19-9-704
Subchapter supplemental - Effect on other state laws or on previously issued bonds
Status: in_force

(a) This subchapter is supplemental to all other provisions of state law governing the issuance of bonds by any governmental unit and, except as otherwise provided in this subchapter, the provisions of state law governing the issuance of bonds by any governmental unit shall continue to apply to the issuance by such governmental unit of taxable bonds. (b) Nothing herein shall be deemed to broaden or otherwise alter any provisions of state law as they relate to the issuance of the bonds the interest on which is, in some manner, exempt or excludable from federal income taxation. (c) The reference herein to law providing authority for issuance of bonds shall mean laws now in effect and as hereafter enacted or amended by the General Assembly. (d) Nothing contained herein shall be construed to impugn the validity of any taxable bonds heretofore issued. Acts 1989, No. 632, § 9.

(a) This subchapter is supplemental to all other provisions of state law governing the issuance of bonds by any governmental unit and, except as otherwise provided in this subchapter, the provisions of state law governing the issuance of bonds by any governmental unit shall continue to apply to the issuance by such governmental unit of taxable bonds.

(b) Nothing herein shall be deemed to broaden or otherwise alter any provisions of state law as they relate to the issuance of the bonds the interest on which is, in some manner, exempt or excludable from federal income taxation.

(c) The reference herein to law providing authority for issuance of bonds shall mean laws now in effect and as hereafter enacted or amended by the General Assembly.

(d) Nothing contained herein shall be construed to impugn the validity of any taxable bonds heretofore issued.

Acts 1989, No. 632, § 9.
Ark. Code Ann. § 19-11-227 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-227
Statistical data
Status: in_force

The State Procurement Director and the Secretary of the Department of Transformation and Shared Services shall cooperate with the Division of Budgets and Accounting in the preparation of statistical data concerning the procurement and disposition of all commodities and services, unless otherwise provided in this subchapter. Amended by Act 2019, No. 910,§ 6111, eff. 7/1/2019. Acts 1979, No. 482, § 25; A.S.A. 1947, § 14-251.2; Acts 2001, No. 1237, § 20.

The State Procurement Director and the Secretary of the Department of Transformation and Shared Services shall cooperate with the Division of Budgets and Accounting in the preparation of statistical data concerning the procurement and disposition of all commodities and services, unless otherwise provided in this subchapter.

Amended by Act 2019, No. 910,§ 6111, eff. 7/1/2019.

Acts 1979, No. 482, § 25; A.S.A. 1947, § 14-251.2; Acts 2001, No. 1237, § 20.
Ark. Code Ann. § 19-5-1089 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1089
Health Facility Services Revolving Fund
Status: in_force

There is established 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 "Health Facility Services Revolving Fund". The fund shall consist of those fees collected under §§ 17-107-205 , 20-7-117(e) , 20-9-214(b) , 20-9-222 , and 20-10-812(a) , and deposited as nonrevenue receipts, to be used by the Division of Health Facility Services of the Department of Health for the purpose of supporting and operating programs through which these fees were collected. Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in §§ 17-107-205 , 20-7-117(e) , 20-9-214(b) , 20-9-222 , and 20-10-812(a) . Acts 1997, No. 574, § 5; 2007, No. 174, § 2.

There is established 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 "Health Facility Services Revolving Fund". The fund shall consist of those fees collected under §§ 17-107-205 , 20-7-117(e) , 20-9-214(b) , 20-9-222 , and 20-10-812(a) , and deposited as nonrevenue receipts, to be used by the Division of Health Facility Services of the Department of Health for the purpose of supporting and operating programs through which these fees were collected. Any unexpended balance of such fees at the end of each state fiscal year shall be carried forward to the next fiscal year to be used for the same intent and purposes as set forth in §§ 17-107-205 , 20-7-117(e) , 20-9-214(b) , 20-9-222 , and 20-10-812(a) .

Acts 1997, No. 574, § 5; 2007, No. 174, § 2.
Ark. Code Ann. § 19-6-835 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-835
Arkansas Industrial Hemp Program 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 miscellaneous fund to be known as the "Arkansas Industrial Hemp Program Fund". (b) The fund shall consist of: (1) Fees collected under the Arkansas Industrial Hemp Production Act, § 2-15-501 et seq.; (2) Gifts, grants, and other funds both public and private; and (3) Other revenues as may be authorized by law. (c) Any unallocated or unencumbered balances in the fund shall be invested in the fund, and any interest or other income earned from the investments, along with the unallotted or unencumbered balances in the fund, shall not lapse but shall be carried forward for purposes of the fund and made available solely for the purposes and benefits of the industrial hemp production program under the Arkansas Industrial Hemp Production Act, § 2-15-501 et seq. Amended by Act 2021, No. 565,§ 4, eff. 7/28/2021. Added by Act 2017, No. 981,§ 3, eff. 8/1/2017.

(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 miscellaneous fund to be known as the "Arkansas Industrial Hemp Program Fund".

(b) The fund shall consist of: (1) Fees collected under the Arkansas Industrial Hemp Production Act, § 2-15-501 et seq.; (2) Gifts, grants, and other funds both public and private; and (3) Other revenues as may be authorized by law.

(1) Fees collected under the Arkansas Industrial Hemp Production Act, § 2-15-501 et seq.;

(2) Gifts, grants, and other funds both public and private; and

(3) Other revenues as may be authorized by law.

(c) Any unallocated or unencumbered balances in the fund shall be invested in the fund, and any interest or other income earned from the investments, along with the unallotted or unencumbered balances in the fund, shall not lapse but shall be carried forward for purposes of the fund and made available solely for the purposes and benefits of the industrial hemp production program under the Arkansas Industrial Hemp Production Act, § 2-15-501 et seq.

Amended by Act 2021, No. 565,§ 4, eff. 7/28/2021.

Added by Act 2017, No. 981,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 19-5-1254 — AR Code / Title 19 / Chapter 5 / Subchapter 12 / Section 19-5-1254
New Markets Performance Guarantee 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 "New Markets Performance Guarantee Fund". (b) The fund shall consist of: (1) Fees paid under § 15-4-3609 ; (2) Grants made by a person, organization, or federal or state government agency; and (3) Any other funds provided by law. (c) The fund shall be used by the Arkansas Economic Development Commission to guarantee qualified community development entities' performance under the New Markets Jobs Act of 2013, § 15-4-3601 et seq. Added by Act 2013, No. 1474,§ 2, eff. 4/22/2013.

(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 miscellaneous fund to be known as the "New Markets Performance Guarantee Fund".

(b) The fund shall consist of: (1) Fees paid under § 15-4-3609 ; (2) Grants made by a person, organization, or federal or state government agency; and (3) Any other funds provided by law.

(1) Fees paid under § 15-4-3609 ;

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

(3) Any other funds provided by law.

(c) The fund shall be used by the Arkansas Economic Development Commission to guarantee qualified community development entities' performance under the New Markets Jobs Act of 2013, § 15-4-3601 et seq.

Added by Act 2013, No. 1474,§ 2, eff. 4/22/2013.
Ark. Code Ann. § 19-8-306 — AR Code / Title 19 / Chapter 8 / Subchapter 3 / Section 19-8-306
Filing of trust agreement and supplements thereto
Status: in_force

No trust agreement or supplement to a trust agreement shall be effective until it is filed with the Secretary of State. Acts 1993, No. 583, § 6.

No trust agreement or supplement to a trust agreement shall be effective until it is filed with the Secretary of State.

Acts 1993, No. 583, § 6.
Ark. Code Ann. § 19-4-206 — AR Code / Title 19 / Chapter 4 / Subchapter 2 / Section 19-4-206
Conservation of appropriations in changes of administration
Status: in_force

(a) Proportionate Amounts. In those instances in which any constitutional or elective official of the State of Arkansas is due to retire from office and another constitutional official is to take his or her place, the appropriations and funds provided by the General Assembly for the operation of any such office shall be conserved so as to provide his or her successor in office with a proportionate amount of available appropriations and funds for the remainder of the fiscal year during which the change of office takes place. For the purpose of carrying out the provisions of this section it is provided that: (1) No constitutional official shall cause, or cause to be incurred, any obligation or issue any voucher against the appropriations of his or her agency in excess of a true proportion which his or her time of service during the fiscal year of retirement bears to the fiscal year. For the purpose of establishing the time of service of any such official, the time of retirement shall be construed to be that established by the Arkansas Constitution and statutes of this state for the retirement of the constitutional and elective officials of this state; (2) (A) Within thirty (30) days after each general election, the Auditor of State shall notify all retiring constitutional officials that they will be required to file in his or her office a statement, duly sworn to, setting out: (i) The total of all vouchers issued against the appropriations of the agency; (ii) A list of all outstanding obligations; and (iii) A detailed list of all proposed expenditures to be made prior to the time of retirement. (B) In the event that the Auditor of State is retiring, the Chief Fiscal Officer of the State shall notify the Auditor of State to file the aforementioned statement required of the Auditor of State with the office of the Chief Fiscal Officer of the State; and (3) The Auditor of State shall not issue any warrant in payment of the voucher of any agency coming under the provisions of this section in excess of the proportion provided for in this section. The Auditor of State shall be liable under his or her official bond for issuing any such warrant in excess of such proportion. However, in cases of calamity or emergency, the Governor may, by proclamation, authorize any agency to exceed the limitations of this section. Under such conditions the Auditor of State and the disbursing officer shall be relieved of any liability under this section if, in making the proclamation, the Governor states the reasons for the emergency and the probable amount of the excess obligations which the agency is authorized to incur. (b) Purpose. It is the purpose of this section to provide for the conservation of appropriations for the normal operations of agencies, and the provisions of this section are not applicable to appropriations for improvements or to special appropriations. Acts 1973, No. 876, § 17; 1981, No. 741, § 2; 1985, No. 365, § 8; A.S.A. 1947, § 13-343.

(a) Proportionate Amounts. In those instances in which any constitutional or elective official of the State of Arkansas is due to retire from office and another constitutional official is to take his or her place, the appropriations and funds provided by the General Assembly for the operation of any such office shall be conserved so as to provide his or her successor in office with a proportionate amount of available appropriations and funds for the remainder of the fiscal year during which the change of office takes place. For the purpose of carrying out the provisions of this section it is provided that: (1) No constitutional official shall cause, or cause to be incurred, any obligation or issue any voucher against the appropriations of his or her agency in excess of a true proportion which his or her time of service during the fiscal year of retirement bears to the fiscal year. For the purpose of establishing the time of service of any such official, the time of retirement shall be construed to be that established by the Arkansas Constitution and statutes of this state for the retirement of the constitutional and elective officials of this state; (2) (A) Within thirty (30) days after each general election, the Auditor of State shall notify all retiring constitutional officials that they will be required to file in his or her office a statement, duly sworn to, setting out: (i) The total of all vouchers issued against the appropriations of the agency; (ii) A list of all outstanding obligations; and (iii) A detailed list of all proposed expenditures to be made prior to the time of retirement. (B) In the event that the Auditor of State is retiring, the Chief Fiscal Officer of the State shall notify the Auditor of State to file the aforementioned statement required of the Auditor of State with the office of the Chief Fiscal Officer of the State; and (3) The Auditor of State shall not issue any warrant in payment of the voucher of any agency coming under the provisions of this section in excess of the proportion provided for in this section. The Auditor of State shall be liable under his or her official bond for issuing any such warrant in excess of such proportion. However, in cases of calamity or emergency, the Governor may, by proclamation, authorize any agency to exceed the limitations of this section. Under such conditions the Auditor of State and the disbursing officer shall be relieved of any liability under this section if, in making the proclamation, the Governor states the reasons for the emergency and the probable amount of the excess obligations which the agency is authorized to incur.

(1) No constitutional official shall cause, or cause to be incurred, any obligation or issue any voucher against the appropriations of his or her agency in excess of a true proportion which his or her time of service during the fiscal year of retirement bears to the fiscal year. For the purpose of establishing the time of service of any such official, the time of retirement shall be construed to be that established by the Arkansas Constitution and statutes of this state for the retirement of the constitutional and elective officials of this state;

(2) (A) Within thirty (30) days after each general election, the Auditor of State shall notify all retiring constitutional officials that they will be required to file in his or her office a statement, duly sworn to, setting out: (i) The total of all vouchers issued against the appropriations of the agency; (ii) A list of all outstanding obligations; and (iii) A detailed list of all proposed expenditures to be made prior to the time of retirement. (B) In the event that the Auditor of State is retiring, the Chief Fiscal Officer of the State shall notify the Auditor of State to file the aforementioned statement required of the Auditor of State with the office of the Chief Fiscal Officer of the State; and

(A) Within thirty (30) days after each general election, the Auditor of State shall notify all retiring constitutional officials that they will be required to file in his or her office a statement, duly sworn to, setting out: (i) The total of all vouchers issued against the appropriations of the agency; (ii) A list of all outstanding obligations; and (iii) A detailed list of all proposed expenditures to be made prior to the time of retirement.

(i) The total of all vouchers issued against the appropriations of the agency;

(ii) A list of all outstanding obligations; and

(iii) A detailed list of all proposed expenditures to be made prior to the time of retirement.

(B) In the event that the Auditor of State is retiring, the Chief Fiscal Officer of the State shall notify the Auditor of State to file the aforementioned statement required of the Auditor of State with the office of the Chief Fiscal Officer of the State; and

(3) The Auditor of State shall not issue any warrant in payment of the voucher of any agency coming under the provisions of this section in excess of the proportion provided for in this section. The Auditor of State shall be liable under his or her official bond for issuing any such warrant in excess of such proportion. However, in cases of calamity or emergency, the Governor may, by proclamation, authorize any agency to exceed the limitations of this section. Under such conditions the Auditor of State and the disbursing officer shall be relieved of any liability under this section if, in making the proclamation, the Governor states the reasons for the emergency and the probable amount of the excess obligations which the agency is authorized to incur.

(b) Purpose. It is the purpose of this section to provide for the conservation of appropriations for the normal operations of agencies, and the provisions of this section are not applicable to appropriations for improvements or to special appropriations.

Acts 1973, No. 876, § 17; 1981, No. 741, § 2; 1985, No. 365, § 8; A.S.A. 1947, § 13-343.
Ark. Code Ann. § 19-5-1025 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1025
Department of Human Services Consolidated Cost Revolving 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 Consolidated Cost Revolving Fund". (b) The Treasurer of State is authorized to establish a revolving fund for the Office of Finance and Administration of the Department of Human Services, for the purposes of providing a system to charge consolidated costs for such items as postage, vehicle maintenance, vehicle insurance, vehicle license and title fees, tires and tubes, fuel, credit card purchases, office supplies, duplication supplies, micrographic supplies, equipment acquisition, equipment maintenance and repair, sales and use taxes, and various other licenses and permits. These items will be purchased by the Office of Finance and Administration through the use of the revolving fund and charged to each division and office as that division or office uses them. This will allow for the expenditure to be appropriately charged to the benefiting program. (c) The replenishment of the revolving fund will consist of such funds as budgeted by the division and offices for these items of cost which could be general revenue, special revenue, federal funds, cash funds, or any other funds under the authority of the divisions and offices. (d) Said account shall be replenished as needed but not less than six (6) times per fiscal year. Said account shall be established and maintained in accordance with procedures established by the Chief Fiscal Officer of the State. Acts 1991, No. 1135, § 9; 1993, No. 1239, § 63.

(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 Consolidated Cost Revolving Fund".

(b) The Treasurer of State is authorized to establish a revolving fund for the Office of Finance and Administration of the Department of Human Services, for the purposes of providing a system to charge consolidated costs for such items as postage, vehicle maintenance, vehicle insurance, vehicle license and title fees, tires and tubes, fuel, credit card purchases, office supplies, duplication supplies, micrographic supplies, equipment acquisition, equipment maintenance and repair, sales and use taxes, and various other licenses and permits. These items will be purchased by the Office of Finance and Administration through the use of the revolving fund and charged to each division and office as that division or office uses them. This will allow for the expenditure to be appropriately charged to the benefiting program.

(c) The replenishment of the revolving fund will consist of such funds as budgeted by the division and offices for these items of cost which could be general revenue, special revenue, federal funds, cash funds, or any other funds under the authority of the divisions and offices.

(d) Said account shall be replenished as needed but not less than six (6) times per fiscal year. Said account shall be established and maintained in accordance with procedures established by the Chief Fiscal Officer of the State.

Acts 1991, No. 1135, § 9; 1993, No. 1239, § 63.
Ark. Code Ann. § 19-5-1051 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1051
Parks and Tourism Outdoor Recreation Grants Fund
Status: in_force

(a) There is created and 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 "Parks and Tourism Outdoor Recreation Grants Fund". (b) The fund shall consist of ten percent (10%) of those special revenues as specified in § 19-6-301 (145), there to be used by the Department of Parks, Heritage, and Tourism for making grants for outdoor recreational purposes to cities and counties of this state in accordance with the Arkansas Statewide Comprehensive Outdoor Recreation Plan as set out in § 15-12-103 . Amended by Act 2019, No. 910,§ 5672, eff. 7/1/2019. Acts 1993, No. 728, § 41.

(a) There is created and 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 "Parks and Tourism Outdoor Recreation Grants Fund".

(b) The fund shall consist of ten percent (10%) of those special revenues as specified in § 19-6-301 (145), there to be used by the Department of Parks, Heritage, and Tourism for making grants for outdoor recreational purposes to cities and counties of this state in accordance with the Arkansas Statewide Comprehensive Outdoor Recreation Plan as set out in § 15-12-103 .

Amended by Act 2019, No. 910,§ 5672, eff. 7/1/2019.

Acts 1993, No. 728, § 41.
Ark. Code Ann. § 19-11-230 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-230
Competitive sealed proposals - Definition
Status: in_force

(a) Definition. "Competitive sealed proposals" means a method of procurement which involves, but is not limited to: (1) Solicitation of proposals through a request for proposals; (2) Submission of cost or pricing data from the offeror where required; (3) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and (4) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals. (b) When the use of competitive sealed bidding is not practicable and advantageous, a contract may be awarded by competitive sealed proposals. (c) Public notice of the request for proposals shall be given in the same manner as provided in § 19-11-229(d) , which refers to public notice of competitive sealed bidding. (d) (1) The request for proposals shall indicate the relative importance of price and other evaluation factors. (2) (A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals. (B) (i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state. (ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d)(2)(A) of this section is grounds for submitting a protest under § 19-11-244 . (C) The use of a lower percentage under subdivision (d)(2)(B) of this section and the corresponding written determination by the director shall be submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, for review before the request for proposals is issued. (3) The state's prior experience with an offeror may be considered and scored as part of the offeror's proposal only: (A) To the extent that the request for proposals requests that all offerors provide references; and (B) If the offeror's past performance with the state occurred no more than three (3) years before the offeror submitted the proposal. (4) A state agency shall not include prior experience with the state as a mandatory requirement for submitting a proposal under this section. (e) (1) As provided in the request for proposals and under rule, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of: (A) Clarifying solicitation requirements to assure full understanding of and responsiveness to the solicitation requirements; or (B) Negotiating a contract that is more advantageous to the state. (2) (A) If discussions conducted after the deadline for the receipt of proposals necessitate material revisions of proposals, each offeror determined to be responsible and reasonably susceptible of being awarded a contract shall be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer. (B) An offeror may be permitted to revise its original proposal as a result of discussions only after the original submission deadline and before award for the purpose of providing a best and final offer. (C) (i) Before issuing the notice of award of a contract, the director or the agency procurement official may request a best and final offer from each responsible offeror that is reasonably susceptible of being awarded the contract. (ii) In responding to a request for a best and final offer, an offeror may: (a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or (b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged. (iii) If a best and final offer is requested, the director or the agency procurement official shall evaluate each proposal submitted in response to the request for a best and final offer in determining the proposal that is the most advantageous to the state. (3) In conducting discussions, information derived from a proposal submitted by a competing offeror shall not be disclosed until after a notice of anticipation to award is announced. (f) (1) The director or an agency procurement official may seek the clarification of a submitted proposal. (2) A written response by an offeror under this subsection shall only clarify the submitted proposal and shall not add any substantive language to the submitted proposal or change the terms of the submitted proposal. (3) If the offeror fails or refuses to clarify any matter questioned about the offeror's proposal in writing by the deadline set by the director or agency procurement official, the proposal may be rejected. (4) If the offeror clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the offeror's proposal. (g) (1) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price, the evaluation factors set forth in the request for proposals, any best and final offers submitted, and the results of any discussions conducted with responsible offerors. (2) No other factors or criteria shall be used in the evaluation. (3) If it is determined that two (2) or more responsible offerors have tied scores after the evaluation of the proposals, the award shall be made to the responsible offeror that had one (1) of the tied scores and submitted the lowest price proposal. (4) The director or the agency procurement official may enter into negotiations with the responsible offeror whose proposal is determined in writing to be the most advantageous to the state when the best interests of the state would be served, including without limitation when the state can obtain: (A) A lower price without changes to the terms or specifications of the request for proposals; or (B) An improvement to the terms or specifications, or both, of the request for proposals without increasing the price of the proposal. (h) (1) The Office of State Procurement shall: (A) Encourage full discussion by the evaluators who are evaluating proposals submitted in response to a request for proposals under this section; and (B) Develop tools and templates to be used in evaluating proposals submitted in response to a request for proposals under this section that optimize the number of material scored attributes and provide for a limited range of possible scores for each attribute. (2) (A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section. (B) A private evaluator used under this subsection shall be: (i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees; (ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and (iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available. (C) The use of a private evaluator is not required. (D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (i) (1) A competitive sealed proposal may be cancelled or any or all proposals may be rejected in writing by the director or the agency procurement official. (2) Before the rejection of a proposal by the director, the decision to reject the proposal may be validated with the evaluation committee that evaluated the proposal. (3) A proposal may be rejected for failure to adhere to mandatory requirements. Amended by Act 2019, No. 419,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 8, eff. 7/24/2019. Amended by Act 2017, No. 696,§ 2, eff. 8/1/2017. Acts 1979, No. 482, § 30; 1981, No. 600, §§ 17-20; A.S.A. 1947, § 14-255; Acts 2001, No. 1237, § 23; 2007, No. 478, § 6.

(a) Definition. "Competitive sealed proposals" means a method of procurement which involves, but is not limited to: (1) Solicitation of proposals through a request for proposals; (2) Submission of cost or pricing data from the offeror where required; (3) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and (4) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals.

(1) Solicitation of proposals through a request for proposals;

(2) Submission of cost or pricing data from the offeror where required;

(3) Discussions with responsible offerors whose proposals have been determined to be reasonably susceptible to being selected for award; and

(4) An award made to the responsible offeror whose proposal is determined in writing to be the most advantageous considering price and evaluation factors set forth in the request for proposals.

(b) When the use of competitive sealed bidding is not practicable and advantageous, a contract may be awarded by competitive sealed proposals.

(c) Public notice of the request for proposals shall be given in the same manner as provided in § 19-11-229(d) , which refers to public notice of competitive sealed bidding.

(d) (1) The request for proposals shall indicate the relative importance of price and other evaluation factors. (2) (A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals. (B) (i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state. (ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d)(2)(A) of this section is grounds for submitting a protest under § 19-11-244 . (C) The use of a lower percentage under subdivision (d)(2)(B) of this section and the corresponding written determination by the director shall be submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, for review before the request for proposals is issued. (3) The state's prior experience with an offeror may be considered and scored as part of the offeror's proposal only: (A) To the extent that the request for proposals requests that all offerors provide references; and (B) If the offeror's past performance with the state occurred no more than three (3) years before the offeror submitted the proposal. (4) A state agency shall not include prior experience with the state as a mandatory requirement for submitting a proposal under this section.

(1) The request for proposals shall indicate the relative importance of price and other evaluation factors.

(2) (A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals. (B) (i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state. (ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d)(2)(A) of this section is grounds for submitting a protest under § 19-11-244 . (C) The use of a lower percentage under subdivision (d)(2)(B) of this section and the corresponding written determination by the director shall be submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, for review before the request for proposals is issued.

(A) Except as provided in subdivision (d)(2)(B) of this section, cost shall be weighted at least thirty percent (30%) of the total evaluation score for a proposal submitted in response to the request for proposals.

(B) (i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state. (ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d)(2)(A) of this section is grounds for submitting a protest under § 19-11-244 .

(i) The State Procurement Director may approve that cost be weighted at a lower percentage of the total evaluation score for a proposal submitted in response to a request for proposals if the director makes a written determination that the lower percentage is in the best interest of the state.

(ii) A state agency's failure to obtain the approval of the director under this subsection for a request for proposals with cost weighted at a lower percentage than required under subdivision (d)(2)(A) of this section is grounds for submitting a protest under § 19-11-244 .

(C) The use of a lower percentage under subdivision (d)(2)(B) of this section and the corresponding written determination by the director shall be submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, for review before the request for proposals is issued.

(3) The state's prior experience with an offeror may be considered and scored as part of the offeror's proposal only: (A) To the extent that the request for proposals requests that all offerors provide references; and (B) If the offeror's past performance with the state occurred no more than three (3) years before the offeror submitted the proposal.

(A) To the extent that the request for proposals requests that all offerors provide references; and

(B) If the offeror's past performance with the state occurred no more than three (3) years before the offeror submitted the proposal.

(4) A state agency shall not include prior experience with the state as a mandatory requirement for submitting a proposal under this section.

(e) (1) As provided in the request for proposals and under rule, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of: (A) Clarifying solicitation requirements to assure full understanding of and responsiveness to the solicitation requirements; or (B) Negotiating a contract that is more advantageous to the state. (2) (A) If discussions conducted after the deadline for the receipt of proposals necessitate material revisions of proposals, each offeror determined to be responsible and reasonably susceptible of being awarded a contract shall be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer. (B) An offeror may be permitted to revise its original proposal as a result of discussions only after the original submission deadline and before award for the purpose of providing a best and final offer. (C) (i) Before issuing the notice of award of a contract, the director or the agency procurement official may request a best and final offer from each responsible offeror that is reasonably susceptible of being awarded the contract. (ii) In responding to a request for a best and final offer, an offeror may: (a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or (b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged. (iii) If a best and final offer is requested, the director or the agency procurement official shall evaluate each proposal submitted in response to the request for a best and final offer in determining the proposal that is the most advantageous to the state. (3) In conducting discussions, information derived from a proposal submitted by a competing offeror shall not be disclosed until after a notice of anticipation to award is announced.

(1) As provided in the request for proposals and under rule, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of: (A) Clarifying solicitation requirements to assure full understanding of and responsiveness to the solicitation requirements; or (B) Negotiating a contract that is more advantageous to the state.

(A) Clarifying solicitation requirements to assure full understanding of and responsiveness to the solicitation requirements; or

(B) Negotiating a contract that is more advantageous to the state.

(2) (A) If discussions conducted after the deadline for the receipt of proposals necessitate material revisions of proposals, each offeror determined to be responsible and reasonably susceptible of being awarded a contract shall be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer. (B) An offeror may be permitted to revise its original proposal as a result of discussions only after the original submission deadline and before award for the purpose of providing a best and final offer. (C) (i) Before issuing the notice of award of a contract, the director or the agency procurement official may request a best and final offer from each responsible offeror that is reasonably susceptible of being awarded the contract. (ii) In responding to a request for a best and final offer, an offeror may: (a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or (b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged. (iii) If a best and final offer is requested, the director or the agency procurement official shall evaluate each proposal submitted in response to the request for a best and final offer in determining the proposal that is the most advantageous to the state.

(A) If discussions conducted after the deadline for the receipt of proposals necessitate material revisions of proposals, each offeror determined to be responsible and reasonably susceptible of being awarded a contract shall be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer.

(B) An offeror may be permitted to revise its original proposal as a result of discussions only after the original submission deadline and before award for the purpose of providing a best and final offer.

(C) (i) Before issuing the notice of award of a contract, the director or the agency procurement official may request a best and final offer from each responsible offeror that is reasonably susceptible of being awarded the contract. (ii) In responding to a request for a best and final offer, an offeror may: (a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or (b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged. (iii) If a best and final offer is requested, the director or the agency procurement official shall evaluate each proposal submitted in response to the request for a best and final offer in determining the proposal that is the most advantageous to the state.

(i) Before issuing the notice of award of a contract, the director or the agency procurement official may request a best and final offer from each responsible offeror that is reasonably susceptible of being awarded the contract.

(ii) In responding to a request for a best and final offer, an offeror may: (a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or (b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged.

(a) Resubmit the offeror's original proposal with lower pricing or additional benefits, or both, in accordance with the specifications of the request for proposals; or

(b) Submit a written response that states that the offeror's original proposal, including without limitation the pricing, remains unchanged.

(iii) If a best and final offer is requested, the director or the agency procurement official shall evaluate each proposal submitted in response to the request for a best and final offer in determining the proposal that is the most advantageous to the state.

(3) In conducting discussions, information derived from a proposal submitted by a competing offeror shall not be disclosed until after a notice of anticipation to award is announced.

(f) (1) The director or an agency procurement official may seek the clarification of a submitted proposal. (2) A written response by an offeror under this subsection shall only clarify the submitted proposal and shall not add any substantive language to the submitted proposal or change the terms of the submitted proposal. (3) If the offeror fails or refuses to clarify any matter questioned about the offeror's proposal in writing by the deadline set by the director or agency procurement official, the proposal may be rejected. (4) If the offeror clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the offeror's proposal.

(1) The director or an agency procurement official may seek the clarification of a submitted proposal.

(2) A written response by an offeror under this subsection shall only clarify the submitted proposal and shall not add any substantive language to the submitted proposal or change the terms of the submitted proposal.

(3) If the offeror fails or refuses to clarify any matter questioned about the offeror's proposal in writing by the deadline set by the director or agency procurement official, the proposal may be rejected.

(4) If the offeror clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the offeror's proposal.

(g) (1) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price, the evaluation factors set forth in the request for proposals, any best and final offers submitted, and the results of any discussions conducted with responsible offerors. (2) No other factors or criteria shall be used in the evaluation. (3) If it is determined that two (2) or more responsible offerors have tied scores after the evaluation of the proposals, the award shall be made to the responsible offeror that had one (1) of the tied scores and submitted the lowest price proposal. (4) The director or the agency procurement official may enter into negotiations with the responsible offeror whose proposal is determined in writing to be the most advantageous to the state when the best interests of the state would be served, including without limitation when the state can obtain: (A) A lower price without changes to the terms or specifications of the request for proposals; or (B) An improvement to the terms or specifications, or both, of the request for proposals without increasing the price of the proposal.

(1) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price, the evaluation factors set forth in the request for proposals, any best and final offers submitted, and the results of any discussions conducted with responsible offerors.

(2) No other factors or criteria shall be used in the evaluation.

(3) If it is determined that two (2) or more responsible offerors have tied scores after the evaluation of the proposals, the award shall be made to the responsible offeror that had one (1) of the tied scores and submitted the lowest price proposal.

(4) The director or the agency procurement official may enter into negotiations with the responsible offeror whose proposal is determined in writing to be the most advantageous to the state when the best interests of the state would be served, including without limitation when the state can obtain: (A) A lower price without changes to the terms or specifications of the request for proposals; or (B) An improvement to the terms or specifications, or both, of the request for proposals without increasing the price of the proposal.

(A) A lower price without changes to the terms or specifications of the request for proposals; or

(B) An improvement to the terms or specifications, or both, of the request for proposals without increasing the price of the proposal.

(h) (1) The Office of State Procurement shall: (A) Encourage full discussion by the evaluators who are evaluating proposals submitted in response to a request for proposals under this section; and (B) Develop tools and templates to be used in evaluating proposals submitted in response to a request for proposals under this section that optimize the number of material scored attributes and provide for a limited range of possible scores for each attribute. (2) (A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section. (B) A private evaluator used under this subsection shall be: (i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees; (ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and (iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available. (C) The use of a private evaluator is not required. (D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) The Office of State Procurement shall: (A) Encourage full discussion by the evaluators who are evaluating proposals submitted in response to a request for proposals under this section; and (B) Develop tools and templates to be used in evaluating proposals submitted in response to a request for proposals under this section that optimize the number of material scored attributes and provide for a limited range of possible scores for each attribute.

(A) Encourage full discussion by the evaluators who are evaluating proposals submitted in response to a request for proposals under this section; and

(B) Develop tools and templates to be used in evaluating proposals submitted in response to a request for proposals under this section that optimize the number of material scored attributes and provide for a limited range of possible scores for each attribute.

(2) (A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section. (B) A private evaluator used under this subsection shall be: (i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees; (ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and (iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available. (C) The use of a private evaluator is not required. (D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) A state agency may use one (1) or more private evaluators to evaluate proposals submitted in response to a request for proposals under this section.

(B) A private evaluator used under this subsection shall be: (i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees; (ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and (iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available.

(i) Held to the same requirements and prohibitions regarding conflicts of interest as state employees;

(ii) A qualified volunteer, unless the state does not have the necessary expertise to evaluate the proposals, in which case a paid private evaluator may be used; and

(iii) Eligible for travel reimbursement if the state agency decides to make travel reimbursement available.

(C) The use of a private evaluator is not required.

(D) If a state agency uses one (1) or more private evaluators, the use of a private evaluator shall be disclosed in the procurement file and in any information submitted to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(i) (1) A competitive sealed proposal may be cancelled or any or all proposals may be rejected in writing by the director or the agency procurement official. (2) Before the rejection of a proposal by the director, the decision to reject the proposal may be validated with the evaluation committee that evaluated the proposal. (3) A proposal may be rejected for failure to adhere to mandatory requirements.

(1) A competitive sealed proposal may be cancelled or any or all proposals may be rejected in writing by the director or the agency procurement official.

(2) Before the rejection of a proposal by the director, the decision to reject the proposal may be validated with the evaluation committee that evaluated the proposal.

(3) A proposal may be rejected for failure to adhere to mandatory requirements.

Amended by Act 2019, No. 419,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 8, eff. 7/24/2019.

Amended by Act 2017, No. 696,§ 2, eff. 8/1/2017.

Acts 1979, No. 482, § 30; 1981, No. 600, §§ 17-20; A.S.A. 1947, § 14-255; Acts 2001, No. 1237, § 23; 2007, No. 478, § 6.
Ark. Code Ann. § 19-6-819 — AR Code / Title 19 / Chapter 6 / Subchapter 8 / Section 19-6-819
Arkansas Video Service 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 Video Service Fund". (b) (1) All moneys collected under § 23-19-204 shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) The fund also shall consist of any other revenues as may be authorized by law. (c) The fund shall be used by the Secretary of State to review and issue certificates of franchise authority. (d) The fund may be used by the Secretary of State to issue refunds and reimbursements of fees collected in regard to the purpose of the fund. Amended by Act 2015, No. 1028,§ 3, eff. 7/22/2015. Added by Act 2013, No. 276,§ 1, eff. 3/6/2013.

(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 "Arkansas Video Service Fund".

(b) (1) All moneys collected under § 23-19-204 shall be deposited into the State Treasury to the credit of the fund as special revenues. (2) The fund also shall consist of any other revenues as may be authorized by law.

(1) All moneys collected under § 23-19-204 shall be deposited into the State Treasury to the credit of the fund as special revenues.

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

(c) The fund shall be used by the Secretary of State to review and issue certificates of franchise authority.

(d) The fund may be used by the Secretary of State to issue refunds and reimbursements of fees collected in regard to the purpose of the fund.

Amended by Act 2015, No. 1028,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 276,§ 1, eff. 3/6/2013.
Ark. Code Ann. § 19-7-402 — AR Code / Title 19 / Chapter 7 / Subchapter 4 / Section 19-7-402
Sale of public domain lands and leases
Status: in_force

(a) Funds received by the Treasurer of State from the federal government on account of the sale of public domain lands from any funds coming to the Treasurer of State from the Taylor Grazing Act, 43 U.S.C. § 315 , shall be distributed to the respective counties in which the property is situated. (b) (1) Eighty percent (80%) of the funds of each county shall be distributed to the school districts of the county in ratio to the leased territory or public domain sold within the district. (2) The remaining twenty percent (20%) of the funds for each county shall be credited to the county road fund. (c) The county treasurer shall make distribution of the school districts' portion on an acreage basis or other equitable basis if the data required for making a distribution of funds as provided in this section is not available at the time funds are available for distribution. (d) (1) The Treasurer of State shall distribute that portion of the funds that accrue to the schools to the respective counties and distribute the funds that accrue to the county road funds. (2) (A) It shall be the duty of the county quorum court to provide the county treasurer with a statement showing the distribution of the funds in accordance with law. (B) Thereafter, the county treasurer shall credit the respective school districts with the amounts indicated. Acts 1999, No. 1078, § 86; 2005, No. 433, § 3; 2009, No. 1476, § 1.

(a) Funds received by the Treasurer of State from the federal government on account of the sale of public domain lands from any funds coming to the Treasurer of State from the Taylor Grazing Act, 43 U.S.C. § 315 , shall be distributed to the respective counties in which the property is situated.

(b) (1) Eighty percent (80%) of the funds of each county shall be distributed to the school districts of the county in ratio to the leased territory or public domain sold within the district. (2) The remaining twenty percent (20%) of the funds for each county shall be credited to the county road fund.

(1) Eighty percent (80%) of the funds of each county shall be distributed to the school districts of the county in ratio to the leased territory or public domain sold within the district.

(2) The remaining twenty percent (20%) of the funds for each county shall be credited to the county road fund.

(c) The county treasurer shall make distribution of the school districts' portion on an acreage basis or other equitable basis if the data required for making a distribution of funds as provided in this section is not available at the time funds are available for distribution.

(d) (1) The Treasurer of State shall distribute that portion of the funds that accrue to the schools to the respective counties and distribute the funds that accrue to the county road funds. (2) (A) It shall be the duty of the county quorum court to provide the county treasurer with a statement showing the distribution of the funds in accordance with law. (B) Thereafter, the county treasurer shall credit the respective school districts with the amounts indicated.

(1) The Treasurer of State shall distribute that portion of the funds that accrue to the schools to the respective counties and distribute the funds that accrue to the county road funds.

(2) (A) It shall be the duty of the county quorum court to provide the county treasurer with a statement showing the distribution of the funds in accordance with law. (B) Thereafter, the county treasurer shall credit the respective school districts with the amounts indicated.

(A) It shall be the duty of the county quorum court to provide the county treasurer with a statement showing the distribution of the funds in accordance with law.

(B) Thereafter, the county treasurer shall credit the respective school districts with the amounts indicated.

Acts 1999, No. 1078, § 86; 2005, No. 433, § 3; 2009, No. 1476, § 1.
Ark. Code Ann. § 19-4-103 — AR Code / Title 19 / Chapter 4 / Subchapter 1 / Section 19-4-103
Penalty
Status: in_force

With respect to all matters for which penalties have not otherwise been provided in this act, any person who shall knowingly violate any of the provisions of this act shall be guilty of a violation and upon conviction shall be fined in any amount not to exceed one thousand dollars ($1,000). Acts 1973, No. 876, § 29; A.S.A. 1947, § 13-355; Acts 2005, No. 1994, § 102.

With respect to all matters for which penalties have not otherwise been provided in this act, any person who shall knowingly violate any of the provisions of this act shall be guilty of a violation and upon conviction shall be fined in any amount not to exceed one thousand dollars ($1,000).

Acts 1973, No. 876, § 29; A.S.A. 1947, § 13-355; Acts 2005, No. 1994, § 102.
Ark. Code Ann. § 19-5-311 — AR Code / Title 19 / Chapter 5 / Subchapter 3 / Section 19-5-311
Technical college funds created
Status: in_force

(a) (1) 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 "Black River Technical College Fund", there to be used for the maintenance, operation, and improvement of Black River Technical College. (2) The Black River Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of Black River Technical College which are required to be deposited into the State Treasury by law. (b) (1) 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 "University of Arkansas - Pulaski Technical College Fund", there to be used for the maintenance, operation, and improvement of University of Arkansas - Pulaski Technical College. (2) The University of Arkansas - Pulaski Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of the University of Arkansas - Pulaski Technical College which are required to be deposited into the State Treasury by law. Amended by Act 2017, No. 178,§ 7, eff. 7/1/2017. Acts 1991, No. 930, § 3; 1991, No. 931, § 3; 1991, No. 935, § 3; 1991, No. 936, § 3; 1991, No. 937, § 3; 1991, No. 938, § 3; 1991, No. 939, § 3; 1991, No. 940, § 3; 1991, No. 942, § 3; 1991, No. 944, § 3; 1991, No. 945, § 3; 1991, No. 1195, § 3; 1993, No. 1073, §§ 16, 18; 1995, No. 1163, §§ 12, 13; 1997, No. 1248, §§ 10, 27; 1999, No. 1463, §§ 9-11; 2003 (1st Ex. Sess.), No. 55, §§ 10-13; 2012, No. 271, § 2; 2012, No. 287, § 2.

(a) (1) 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 "Black River Technical College Fund", there to be used for the maintenance, operation, and improvement of Black River Technical College. (2) The Black River Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of Black River Technical College which are required to be deposited into the State Treasury by law.

(1) 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 "Black River Technical College Fund", there to be used for the maintenance, operation, and improvement of Black River Technical College.

(2) The Black River Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of Black River Technical College which are required to be deposited into the State Treasury by law.

(A) Those general revenues as may be provided by law; and

(B) Any other funds made available for the support of Black River Technical College which are required to be deposited into the State Treasury by law.

(b) (1) 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 "University of Arkansas - Pulaski Technical College Fund", there to be used for the maintenance, operation, and improvement of University of Arkansas - Pulaski Technical College. (2) The University of Arkansas - Pulaski Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of the University of Arkansas - Pulaski Technical College which are required to be deposited into the State Treasury by law.

(1) 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 "University of Arkansas - Pulaski Technical College Fund", there to be used for the maintenance, operation, and improvement of University of Arkansas - Pulaski Technical College.

(2) The University of Arkansas - Pulaski Technical College Fund shall consist of: (A) Those general revenues as may be provided by law; and (B) Any other funds made available for the support of the University of Arkansas - Pulaski Technical College which are required to be deposited into the State Treasury by law.

(A) Those general revenues as may be provided by law; and

(B) Any other funds made available for the support of the University of Arkansas - Pulaski Technical College which are required to be deposited into the State Treasury by law.

Amended by Act 2017, No. 178,§ 7, eff. 7/1/2017.

Acts 1991, No. 930, § 3; 1991, No. 931, § 3; 1991, No. 935, § 3; 1991, No. 936, § 3; 1991, No. 937, § 3; 1991, No. 938, § 3; 1991, No. 939, § 3; 1991, No. 940, § 3; 1991, No. 942, § 3; 1991, No. 944, § 3; 1991, No. 945, § 3; 1991, No. 1195, § 3; 1993, No. 1073, §§ 16, 18; 1995, No. 1163, §§ 12, 13; 1997, No. 1248, §§ 10, 27; 1999, No. 1463, §§ 9-11; 2003 (1st Ex. Sess.), No. 55, §§ 10-13; 2012, No. 271, § 2; 2012, No. 287, § 2.
Ark. Code Ann. § 19-11-243 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-243
Proceeds from surplus commodities
Status: in_force

The State Procurement Director shall promulgate rules for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent practicable, to the using agency which had possession of the commodity. Amended by Act 2019, No. 315,§ 1775, eff. 7/24/2019. Acts 1979, No. 482, § 56; A.S.A. 1947, § 14-275.2; Acts 2001, No. 1237, § 33.

The State Procurement Director shall promulgate rules for the allocation of proceeds from the sale, lease, or disposal of surplus commodities, to the extent practicable, to the using agency which had possession of the commodity.

Amended by Act 2019, No. 315,§ 1775, eff. 7/24/2019.

Acts 1979, No. 482, § 56; A.S.A. 1947, § 14-275.2; Acts 2001, No. 1237, § 33.
Ark. Code Ann. § 19-4-524 — AR Code / Title 19 / Chapter 4 / Subchapter 5 / Section 19-4-524
Construction and permanent improvements
Status: in_force

(a) The construction and permanent improvements classification shall be determined by the language of the appropriation acts which make available funds for construction and new improvements. For the purpose of classifying the expenditures under any such appropriation, all the necessary expenses in connection therewith shall be deemed to be part of the construction costs. Such items of expense shall be deemed to include, but are not necessarily limited to, the following: (1) Advertising for bids; (2) Architects, engineers, and other professional services in connection with the proposed projects; and (3) The payment of estimates on the various contracts in connection with such construction programs. All construction and improvements of whatever nature shall be subject to the provisions of §§ 19-4-1401 - 19-4-1412 and to the rules promulgated by the Chief Fiscal Officer of the State. No state agency for which appropriations have been made by the General Assembly for construction or improvements shall make any contract or incur any indebtedness payable from such appropriations unless and until there are sufficient funds on hand, for the benefit of any agency, to pay for the proposed obligations under such contracts. However, any such agency shall have the power to accept and use grants and donations and to use its unobligated cash income or other funds available to it for the purpose of supplementing the appropriations for construction purposes. The appropriations and funds otherwise provided by the General Assembly for personal services, maintenance, and general operation of the agency shall not be used in connection with any proposed construction projects for which specific appropriations have been made by the General Assembly, except for minor repairs and maintenance. (b) The restrictions of this section shall not apply to contracts approved by the State Highway Commission for construction of roads and bridges in the highway system. (c) The Chief Fiscal Officer of the State is authorized to reclassify but not consolidate an agency's appropriation for construction to effect the payment of construction-related costs in the appropriate classification as described in this subchapter using the state's financial management system to invoke budget control. Amended by Act 2019, No. 315,§ 1711, eff. 7/24/2019. Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 12.

(a) The construction and permanent improvements classification shall be determined by the language of the appropriation acts which make available funds for construction and new improvements. For the purpose of classifying the expenditures under any such appropriation, all the necessary expenses in connection therewith shall be deemed to be part of the construction costs. Such items of expense shall be deemed to include, but are not necessarily limited to, the following: (1) Advertising for bids; (2) Architects, engineers, and other professional services in connection with the proposed projects; and (3) The payment of estimates on the various contracts in connection with such construction programs. All construction and improvements of whatever nature shall be subject to the provisions of §§ 19-4-1401 - 19-4-1412 and to the rules promulgated by the Chief Fiscal Officer of the State. No state agency for which appropriations have been made by the General Assembly for construction or improvements shall make any contract or incur any indebtedness payable from such appropriations unless and until there are sufficient funds on hand, for the benefit of any agency, to pay for the proposed obligations under such contracts. However, any such agency shall have the power to accept and use grants and donations and to use its unobligated cash income or other funds available to it for the purpose of supplementing the appropriations for construction purposes. The appropriations and funds otherwise provided by the General Assembly for personal services, maintenance, and general operation of the agency shall not be used in connection with any proposed construction projects for which specific appropriations have been made by the General Assembly, except for minor repairs and maintenance.

(1) Advertising for bids;

(2) Architects, engineers, and other professional services in connection with the proposed projects; and

(3) The payment of estimates on the various contracts in connection with such construction programs. All construction and improvements of whatever nature shall be subject to the provisions of §§ 19-4-1401 - 19-4-1412 and to the rules promulgated by the Chief Fiscal Officer of the State. No state agency for which appropriations have been made by the General Assembly for construction or improvements shall make any contract or incur any indebtedness payable from such appropriations unless and until there are sufficient funds on hand, for the benefit of any agency, to pay for the proposed obligations under such contracts. However, any such agency shall have the power to accept and use grants and donations and to use its unobligated cash income or other funds available to it for the purpose of supplementing the appropriations for construction purposes. The appropriations and funds otherwise provided by the General Assembly for personal services, maintenance, and general operation of the agency shall not be used in connection with any proposed construction projects for which specific appropriations have been made by the General Assembly, except for minor repairs and maintenance.

(b) The restrictions of this section shall not apply to contracts approved by the State Highway Commission for construction of roads and bridges in the highway system.

(c) The Chief Fiscal Officer of the State is authorized to reclassify but not consolidate an agency's appropriation for construction to effect the payment of construction-related costs in the appropriate classification as described in this subchapter using the state's financial management system to invoke budget control.

Amended by Act 2019, No. 315,§ 1711, eff. 7/24/2019.

Acts 1973, No. 876, § 12; 1977, No. 813, § 1; 1979, No. 833, §§ 1, 2; 1981, No. 741, § 1; 1981, No. 924, § 1; 1983, No. 628, § 1; 1985, No. 365, §§ 2, 3, 12; A.S.A. 1947, § 13-338; Acts 2001, No. 1453, § 12.
Ark. Code Ann. § 19-11-701 — AR Code / Title 19 / Chapter 11 / Subchapter 7 / Section 19-11-701
Definitions
Status: in_force

As used in this subchapter: (1) "Blind trust" means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in or other dispositions of the property subject to the trust; (2) "Business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity; (3) "Commodities" means all property, including, but not limited to: (A) Equipment; (B) Printing; (C) Stationery; (D) Supplies; (E) Insurance; and (F) Real property; (4) "Confidential information" means any information which is available to an employee only because of the employee's status as an employee of this state and is not a matter of public knowledge or available to the public on request; (5) "Conspicuously" means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it; (6) "Contract" means all types of state agreements, regardless of what they may be called, for the purchase or disposal of commodities and services. "Contract" includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. "Contract" also includes supplemental agreements with respect to any of the foregoing; (7) "Contractor" means any person having a contract with a state agency; (8) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing personal services for any state agency; (9) "Financial interest" means: (A) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than one thousand dollars ($1,000) per year, or its equivalent; (B) Ownership of more than a five percent (5%) interest in any business; or (C) Holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management; (10) "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received; (11) "Immediate family" means a spouse, children, parents, brothers and sisters, and grandparents; (12) "Official responsibility" means direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, or otherwise direct state action; (13) "Person" means any business, individual, union, committee, club, or other organization or group of individuals; (14) "Procurement" means the buying, purchasing, renting, leasing, or otherwise obtaining of any commodities or services. "Procurement" also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration; (15) "Services" means technical, professional, or other services involving the furnishing of labor, time, or effort by a contractor; and (16) "State agency" means any office, department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branch of this state. Acts 1979, No. 483, § 1; A.S.A. 1947, § 14-1101; Acts 2003, No. 1093, §§ 1, 2.

As used in this subchapter:

(1) "Blind trust" means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in or other dispositions of the property subject to the trust;

(2) "Business" means any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other legal entity;

(3) "Commodities" means all property, including, but not limited to: (A) Equipment; (B) Printing; (C) Stationery; (D) Supplies; (E) Insurance; and (F) Real property;

(A) Equipment;

(B) Printing;

(C) Stationery;

(D) Supplies;

(E) Insurance; and

(F) Real property;

(4) "Confidential information" means any information which is available to an employee only because of the employee's status as an employee of this state and is not a matter of public knowledge or available to the public on request;

(5) "Conspicuously" means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it;

(6) "Contract" means all types of state agreements, regardless of what they may be called, for the purchase or disposal of commodities and services. "Contract" includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. "Contract" also includes supplemental agreements with respect to any of the foregoing;

(7) "Contractor" means any person having a contract with a state agency;

(8) "Employee" means an individual drawing a salary from a state agency, whether elected or not, and any nonsalaried individual performing personal services for any state agency;

(9) "Financial interest" means: (A) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than one thousand dollars ($1,000) per year, or its equivalent; (B) Ownership of more than a five percent (5%) interest in any business; or (C) Holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management;

(A) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than one thousand dollars ($1,000) per year, or its equivalent;

(B) Ownership of more than a five percent (5%) interest in any business; or

(C) Holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management;

(10) "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received;

(11) "Immediate family" means a spouse, children, parents, brothers and sisters, and grandparents;

(12) "Official responsibility" means direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, or otherwise direct state action;

(13) "Person" means any business, individual, union, committee, club, or other organization or group of individuals;

(14) "Procurement" means the buying, purchasing, renting, leasing, or otherwise obtaining of any commodities or services. "Procurement" also includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration;

(15) "Services" means technical, professional, or other services involving the furnishing of labor, time, or effort by a contractor; and

(16) "State agency" means any office, department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branch of this state.

Acts 1979, No. 483, § 1; A.S.A. 1947, § 14-1101; Acts 2003, No. 1093, §§ 1, 2.
Ark. Code Ann. § 19-5-1150 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1150
Arkansas Major Historic Rehabilitation 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 Major Historic Rehabilitation Trust Fund". (b) The Arkansas Major Historic Rehabilitation Trust Fund shall consist of: (1) Grants, donations, or transfers made by any person or government agency or office; (2) Any remaining balances in the Arkansas Major Historic Rehabilitation Trust Fund carried forward from year to year; and (3) Any other funds authorized or provided by law. (c) The Arkansas Major Historic Rehabilitation Trust Fund shall be used to offset the costs of the income tax credits allowed under the Arkansas Major Historic Rehabilitation Income Tax Credit Act, § 26-51-2601 et seq., as follows: (1) By June 30 of each year, the Secretary of the Department of Finance and Administration shall certify: (A) To the Division of Arkansas Heritage the amount in the Arkansas Major Historic Rehabilitation Trust Fund, which shall serve as the maximum amount of Arkansas major historic rehabilitation income tax credits that the division may approve for the next fiscal year; and (B) To the Treasurer of State the amount of Arkansas major historic rehabilitation income tax credits claimed during the current fiscal year; and (2) On July 1 of each year, the Treasurer of State shall transfer the amount certified under subdivision (c)(1)(B) of this section to the General Revenue Fund Account of the State Apportionment Fund to be distributed as authorized under § 19-5-202(b)(2)(B)(vi) . Added by Act 2019, No. 855,§ 1, eff. 7/24/2019.

(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 Major Historic Rehabilitation Trust Fund".

(b) The Arkansas Major Historic Rehabilitation Trust Fund shall consist of: (1) Grants, donations, or transfers made by any person or government agency or office; (2) Any remaining balances in the Arkansas Major Historic Rehabilitation Trust Fund carried forward from year to year; and (3) Any other funds authorized or provided by law.

(1) Grants, donations, or transfers made by any person or government agency or office;

(2) Any remaining balances in the Arkansas Major Historic Rehabilitation Trust Fund carried forward from year to year; and

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

(c) The Arkansas Major Historic Rehabilitation Trust Fund shall be used to offset the costs of the income tax credits allowed under the Arkansas Major Historic Rehabilitation Income Tax Credit Act, § 26-51-2601 et seq., as follows: (1) By June 30 of each year, the Secretary of the Department of Finance and Administration shall certify: (A) To the Division of Arkansas Heritage the amount in the Arkansas Major Historic Rehabilitation Trust Fund, which shall serve as the maximum amount of Arkansas major historic rehabilitation income tax credits that the division may approve for the next fiscal year; and (B) To the Treasurer of State the amount of Arkansas major historic rehabilitation income tax credits claimed during the current fiscal year; and (2) On July 1 of each year, the Treasurer of State shall transfer the amount certified under subdivision (c)(1)(B) of this section to the General Revenue Fund Account of the State Apportionment Fund to be distributed as authorized under § 19-5-202(b)(2)(B)(vi) .

(1) By June 30 of each year, the Secretary of the Department of Finance and Administration shall certify: (A) To the Division of Arkansas Heritage the amount in the Arkansas Major Historic Rehabilitation Trust Fund, which shall serve as the maximum amount of Arkansas major historic rehabilitation income tax credits that the division may approve for the next fiscal year; and (B) To the Treasurer of State the amount of Arkansas major historic rehabilitation income tax credits claimed during the current fiscal year; and

(A) To the Division of Arkansas Heritage the amount in the Arkansas Major Historic Rehabilitation Trust Fund, which shall serve as the maximum amount of Arkansas major historic rehabilitation income tax credits that the division may approve for the next fiscal year; and

(B) To the Treasurer of State the amount of Arkansas major historic rehabilitation income tax credits claimed during the current fiscal year; and

(2) On July 1 of each year, the Treasurer of State shall transfer the amount certified under subdivision (c)(1)(B) of this section to the General Revenue Fund Account of the State Apportionment Fund to be distributed as authorized under § 19-5-202(b)(2)(B)(vi) .

Added by Act 2019, No. 855,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 19-4-1404 — AR Code / Title 19 / Chapter 4 / Subchapter 14 / Section 19-4-1404
Forces employed
Status: in_force

(a) Whenever any agency of the state shall determine to construct any buildings and facilities or to make any repairs or additions to existing buildings and facilities and there are funds available for these purposes, then the agency shall have the authority to undertake any such project by the employment and use of its own forces, or by contract, or in part by its own forces and in part by contract, all as in its opinion shall be in the best interest of the state. For this purpose, the agency may employ architects. (b) The provisions of this section shall not apply to any city, town, county, or school district within this state. Acts 1973, No. 876, § 22; A.S.A. 1947, § 13-348.

(a) Whenever any agency of the state shall determine to construct any buildings and facilities or to make any repairs or additions to existing buildings and facilities and there are funds available for these purposes, then the agency shall have the authority to undertake any such project by the employment and use of its own forces, or by contract, or in part by its own forces and in part by contract, all as in its opinion shall be in the best interest of the state. For this purpose, the agency may employ architects.

(b) The provisions of this section shall not apply to any city, town, county, or school district within this state.

Acts 1973, No. 876, § 22; A.S.A. 1947, § 13-348.
Ark. Code Ann. § 19-1-606 — AR Code / Title 19 / Chapter 1 / Subchapter 6 / Section 19-1-606
Investigation of violations
Status: in_force

Upon discovery or notification of an alleged violation of the fiscal responsibility and management laws, each agency shall investigate the allegation and take appropriate administrative action. The director of each agency or, in the case of a constitutional office, the constitutional officer, is responsible for complying with the provisions of this subchapter. Acts 1991, No. 280, § 4.

Upon discovery or notification of an alleged violation of the fiscal responsibility and management laws, each agency shall investigate the allegation and take appropriate administrative action. The director of each agency or, in the case of a constitutional office, the constitutional officer, is responsible for complying with the provisions of this subchapter.

Acts 1991, No. 280, § 4.
Ark. Code Ann. § 19-11-801 — AR Code / Title 19 / Chapter 11 / Subchapter 8 / Section 19-11-801
Policy - Definitions
Status: in_force

(a) It is the policy of the State of Arkansas that state agencies shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, architectural, engineering, construction management, and land surveying professional consultant services if: (1) State agencies not exempt from review and approval of the Building Authority Division shall follow procedures established by the division for the procurement of architectural, engineering, land surveying, and construction management services; and (2) Institutions of higher education exempt from review and approval of the division shall follow procedures established by their governing boards for the procurement of architectural, engineering, land surveying, and construction management professional consultant services. (b) It is the policy of the State of Arkansas and its political subdivisions that political subdivisions shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consultant services. (c) For purposes of this subchapter, a political subdivision of the state may elect to not use competitive bidding for other professional services not listed in subsection (b) of this section with a two-thirds (2/3) vote of the political subdivision's governing body. (d) (1) As used in this section, "construction management" means a project delivery method based on an agreement in which a state agency, political subdivision, public school district, or institution of higher education acquires from a construction entity a series of services that include, but are not limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration. (2) "Construction management" includes, but is not limited to: (A) (i) "Agency construction management", in which a political subdivision selects a construction manager to serve as an agent for the purpose of providing administration and management services. (ii) The construction manager shall not hold subcontracts for the project or provide project bonding for the project; (B) "At-risk construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor and the following conditions are met: (i) The construction manager provides a maximum guaranteed price; (ii) The political subdivision holds all trade contracts and purchase orders; and (iii) The portion of the project not covered by the trade contracts is bonded and guaranteed by the construction manager; and (C) (i) "General contractor construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor. (ii) The general contractor shall hold all trade contracts and purchase orders and shall bond and guarantee the project. (e) As used in this subchapter: (1) "Political subdivision" means counties, school districts, cities of the first class, cities of the second class, incorporated towns, and all other bodies politic; and (2) "Other professional services" means professional services not listed in subsection (b) of this section as defined by a political subdivision with a two-thirds (2/3) vote of its governing body. Amended by Act 2023, No. 818,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 818,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 6114, eff. 7/1/2019. Acts 1989, No. 616, § 1; 1995, No. 429, § 1; 1995, No. 1331, § 1; 2003, No. 1315, § 8; 2005, No. 2154, § 1; 2005, No. 2171, § 1.

(a) It is the policy of the State of Arkansas that state agencies shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, architectural, engineering, construction management, and land surveying professional consultant services if: (1) State agencies not exempt from review and approval of the Building Authority Division shall follow procedures established by the division for the procurement of architectural, engineering, land surveying, and construction management services; and (2) Institutions of higher education exempt from review and approval of the division shall follow procedures established by their governing boards for the procurement of architectural, engineering, land surveying, and construction management professional consultant services.

(1) State agencies not exempt from review and approval of the Building Authority Division shall follow procedures established by the division for the procurement of architectural, engineering, land surveying, and construction management services; and

(2) Institutions of higher education exempt from review and approval of the division shall follow procedures established by their governing boards for the procurement of architectural, engineering, land surveying, and construction management professional consultant services.

(b) It is the policy of the State of Arkansas and its political subdivisions that political subdivisions shall follow the procedures stated in this section, except that competitive bidding shall not be used for the procurement of legal, financial advisory, architectural, engineering, construction management, and land surveying professional consultant services.

(c) For purposes of this subchapter, a political subdivision of the state may elect to not use competitive bidding for other professional services not listed in subsection (b) of this section with a two-thirds (2/3) vote of the political subdivision's governing body.

(d) (1) As used in this section, "construction management" means a project delivery method based on an agreement in which a state agency, political subdivision, public school district, or institution of higher education acquires from a construction entity a series of services that include, but are not limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration. (2) "Construction management" includes, but is not limited to: (A) (i) "Agency construction management", in which a political subdivision selects a construction manager to serve as an agent for the purpose of providing administration and management services. (ii) The construction manager shall not hold subcontracts for the project or provide project bonding for the project; (B) "At-risk construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor and the following conditions are met: (i) The construction manager provides a maximum guaranteed price; (ii) The political subdivision holds all trade contracts and purchase orders; and (iii) The portion of the project not covered by the trade contracts is bonded and guaranteed by the construction manager; and (C) (i) "General contractor construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor. (ii) The general contractor shall hold all trade contracts and purchase orders and shall bond and guarantee the project.

(1) As used in this section, "construction management" means a project delivery method based on an agreement in which a state agency, political subdivision, public school district, or institution of higher education acquires from a construction entity a series of services that include, but are not limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration.

(2) "Construction management" includes, but is not limited to: (A) (i) "Agency construction management", in which a political subdivision selects a construction manager to serve as an agent for the purpose of providing administration and management services. (ii) The construction manager shall not hold subcontracts for the project or provide project bonding for the project; (B) "At-risk construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor and the following conditions are met: (i) The construction manager provides a maximum guaranteed price; (ii) The political subdivision holds all trade contracts and purchase orders; and (iii) The portion of the project not covered by the trade contracts is bonded and guaranteed by the construction manager; and (C) (i) "General contractor construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor. (ii) The general contractor shall hold all trade contracts and purchase orders and shall bond and guarantee the project.

(A) (i) "Agency construction management", in which a political subdivision selects a construction manager to serve as an agent for the purpose of providing administration and management services. (ii) The construction manager shall not hold subcontracts for the project or provide project bonding for the project;

(i) "Agency construction management", in which a political subdivision selects a construction manager to serve as an agent for the purpose of providing administration and management services.

(ii) The construction manager shall not hold subcontracts for the project or provide project bonding for the project;

(B) "At-risk construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor and the following conditions are met: (i) The construction manager provides a maximum guaranteed price; (ii) The political subdivision holds all trade contracts and purchase orders; and (iii) The portion of the project not covered by the trade contracts is bonded and guaranteed by the construction manager; and

(i) The construction manager provides a maximum guaranteed price;

(ii) The political subdivision holds all trade contracts and purchase orders; and

(iii) The portion of the project not covered by the trade contracts is bonded and guaranteed by the construction manager; and

(C) (i) "General contractor construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor. (ii) The general contractor shall hold all trade contracts and purchase orders and shall bond and guarantee the project.

(i) "General contractor construction management", in which the construction entity, after providing agency services during the preconstruction period, serves as the general contractor.

(ii) The general contractor shall hold all trade contracts and purchase orders and shall bond and guarantee the project.

(e) As used in this subchapter: (1) "Political subdivision" means counties, school districts, cities of the first class, cities of the second class, incorporated towns, and all other bodies politic; and (2) "Other professional services" means professional services not listed in subsection (b) of this section as defined by a political subdivision with a two-thirds (2/3) vote of its governing body.

(1) "Political subdivision" means counties, school districts, cities of the first class, cities of the second class, incorporated towns, and all other bodies politic; and

(2) "Other professional services" means professional services not listed in subsection (b) of this section as defined by a political subdivision with a two-thirds (2/3) vote of its governing body.

Amended by Act 2023, No. 818,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 818,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 6114, eff. 7/1/2019.

Acts 1989, No. 616, § 1; 1995, No. 429, § 1; 1995, No. 1331, § 1; 2003, No. 1315, § 8; 2005, No. 2154, § 1; 2005, No. 2171, § 1.
Ark. Code Ann. § 19-6-466 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-466
Livestock and Poultry Commission Swine Testing Fund
Status: in_force

The Livestock and Poultry Commission Swine Testing Fund shall consist of those special revenues as specified in § 19-6-301 (159), there to be used for the Pseudorabies Control and Eradication Program as set out in § 2-40-1201 . Acts 1993, No. 1072, § 9.

The Livestock and Poultry Commission Swine Testing Fund shall consist of those special revenues as specified in § 19-6-301 (159), there to be used for the Pseudorabies Control and Eradication Program as set out in § 2-40-1201 .

Acts 1993, No. 1072, § 9.
Ark. Code Ann. § 19-5-1154 — AR Code / Title 19 / Chapter 5 / Subchapter 11 / Section 19-5-1154
Rural Broadband I.D. Expenses Trust Fund - Creation - Purpose - Definitions
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 "Rural Broadband I.D. Expenses Trust Fund". (b) The Rural Broadband I.D. Expenses Trust Fund shall be used for one-time grants for the defrayment of expenses for broadband due-diligence business studies incurred by prospective federal broadband program applicants, in anticipation of and before application for funding from: (1) The Federal Communications Commission's Rural Digital Opportunity Fund program; (2) The United States Department of Agriculture's Rural eConnectivity Pilot Program, otherwise known as the "ReConnect Program"; (3) The United States Department of Agriculture's "Farm Bill"; or (4) Other federal grants or loans for broadband development programs. (c) The Rural Broadband I.D. Expenses Trust Fund shall consist of funds authorized or provided by law. (d) Broadband due-diligence business studies shall be conducted and concluded within one hundred eighty (180) days of the receipt of the Rural Broadband I.D. Expenses Trust Fund grant. (e) Upon receipt of a Rural Broadband I.D. Expenses Trust Fund grant, the local entity shall file a surety bond for the benefit of the State of Arkansas with the Treasurer of State in the amount of the Rural Broadband I.D. Expenses Trust Fund grant for assurance that the Rural Broadband I.D. Expenses Trust Fund grant is utilized for broadband due-diligence business studies. (f) As used in this section: (1) (A) "Broadband due-diligence business studies" means analytical research designed to acquire the data necessary to support applications for federal grants or loans for broadband development programs. (B) "Broadband due-diligence business studies" includes without limitation: (i) Full feasibility determinations, including economic business plans; (ii) Twenty-year financial break-even analysis; (iii) Competitive broadband analysis; (iv) Demographic analysis, with comparison to other projects; (v) The ordering of construction plans to maximize return; and (vi) Analysis of federal funding opportunities; and (2) "Local entity" means a county, including without limitation an unincorporated community within a county, a city of the first class, a city of the second class, and an incorporated town. Added by Act 2020F, No. 139,§ 27, eff. 7/1/2020.

(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 "Rural Broadband I.D. Expenses Trust Fund".

(b) The Rural Broadband I.D. Expenses Trust Fund shall be used for one-time grants for the defrayment of expenses for broadband due-diligence business studies incurred by prospective federal broadband program applicants, in anticipation of and before application for funding from: (1) The Federal Communications Commission's Rural Digital Opportunity Fund program; (2) The United States Department of Agriculture's Rural eConnectivity Pilot Program, otherwise known as the "ReConnect Program"; (3) The United States Department of Agriculture's "Farm Bill"; or (4) Other federal grants or loans for broadband development programs.

(1) The Federal Communications Commission's Rural Digital Opportunity Fund program;

(2) The United States Department of Agriculture's Rural eConnectivity Pilot Program, otherwise known as the "ReConnect Program";

(3) The United States Department of Agriculture's "Farm Bill"; or

(4) Other federal grants or loans for broadband development programs.

(c) The Rural Broadband I.D. Expenses Trust Fund shall consist of funds authorized or provided by law.

(d) Broadband due-diligence business studies shall be conducted and concluded within one hundred eighty (180) days of the receipt of the Rural Broadband I.D. Expenses Trust Fund grant.

(e) Upon receipt of a Rural Broadband I.D. Expenses Trust Fund grant, the local entity shall file a surety bond for the benefit of the State of Arkansas with the Treasurer of State in the amount of the Rural Broadband I.D. Expenses Trust Fund grant for assurance that the Rural Broadband I.D. Expenses Trust Fund grant is utilized for broadband due-diligence business studies.

(f) As used in this section: (1) (A) "Broadband due-diligence business studies" means analytical research designed to acquire the data necessary to support applications for federal grants or loans for broadband development programs. (B) "Broadband due-diligence business studies" includes without limitation: (i) Full feasibility determinations, including economic business plans; (ii) Twenty-year financial break-even analysis; (iii) Competitive broadband analysis; (iv) Demographic analysis, with comparison to other projects; (v) The ordering of construction plans to maximize return; and (vi) Analysis of federal funding opportunities; and (2) "Local entity" means a county, including without limitation an unincorporated community within a county, a city of the first class, a city of the second class, and an incorporated town.

(1) (A) "Broadband due-diligence business studies" means analytical research designed to acquire the data necessary to support applications for federal grants or loans for broadband development programs. (B) "Broadband due-diligence business studies" includes without limitation: (i) Full feasibility determinations, including economic business plans; (ii) Twenty-year financial break-even analysis; (iii) Competitive broadband analysis; (iv) Demographic analysis, with comparison to other projects; (v) The ordering of construction plans to maximize return; and (vi) Analysis of federal funding opportunities; and

(A) "Broadband due-diligence business studies" means analytical research designed to acquire the data necessary to support applications for federal grants or loans for broadband development programs.

(B) "Broadband due-diligence business studies" includes without limitation: (i) Full feasibility determinations, including economic business plans; (ii) Twenty-year financial break-even analysis; (iii) Competitive broadband analysis; (iv) Demographic analysis, with comparison to other projects; (v) The ordering of construction plans to maximize return; and (vi) Analysis of federal funding opportunities; and

(i) Full feasibility determinations, including economic business plans;

(ii) Twenty-year financial break-even analysis;

(iii) Competitive broadband analysis;

(iv) Demographic analysis, with comparison to other projects;

(v) The ordering of construction plans to maximize return; and

(vi) Analysis of federal funding opportunities; and

(2) "Local entity" means a county, including without limitation an unincorporated community within a county, a city of the first class, a city of the second class, and an incorporated town.

Added by Act 2020F, No. 139,§ 27, eff. 7/1/2020.