Ark. Code Ann. § 25-35-103 — AR Code / Title 25 / Chapter 35 / Section 25-35-103
Arkansas Multi-Agency Insurance 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 separate fund to be known as the "Arkansas Multi-Agency Insurance Trust Fund". (b) No money shall be appropriated from the trust fund for any purpose except to pay: (1) Insurance and reinsurance premiums; (2) Loss adjustment expenses; (3) Related educational and training expenses; (4) Insured claims falling below the annual aggregate deductible level; (5) Expenses including actuarial, consultant, and service contract fees; and (6) Cybersecurity risk insurance premiums and expenses. (c) (1) The assets of the trust fund may be invested and reinvested as the Insurance Commissioner may determine. (2) All income derived through investment of the trust fund as established under this chapter shall be credited as investment income to the trust fund. (3) For the purposes of investment, trust fund moneys invested and interest earned thereon shall be administered as trust funds. (4) All moneys deposited to the trust fund shall not be subject to any deduction, tax, levy, or any other type of assessment. (d) All moneys received by the risk manager, including, but not limited to, the premiums collected and any insured loss or loss expenses paid by insurance or reinsurance companies shall be deposited in the trust fund created in this section. Amended by Act 2015, No. 1188,§ 1, eff. 4/7/2015. Acts 2003, No. 1762, § 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 separate fund to be known as the "Arkansas Multi-Agency Insurance Trust Fund".

(b) No money shall be appropriated from the trust fund for any purpose except to pay: (1) Insurance and reinsurance premiums; (2) Loss adjustment expenses; (3) Related educational and training expenses; (4) Insured claims falling below the annual aggregate deductible level; (5) Expenses including actuarial, consultant, and service contract fees; and (6) Cybersecurity risk insurance premiums and expenses.

(1) Insurance and reinsurance premiums;

(2) Loss adjustment expenses;

(3) Related educational and training expenses;

(4) Insured claims falling below the annual aggregate deductible level;

(5) Expenses including actuarial, consultant, and service contract fees; and

(6) Cybersecurity risk insurance premiums and expenses.

(c) (1) The assets of the trust fund may be invested and reinvested as the Insurance Commissioner may determine. (2) All income derived through investment of the trust fund as established under this chapter shall be credited as investment income to the trust fund. (3) For the purposes of investment, trust fund moneys invested and interest earned thereon shall be administered as trust funds. (4) All moneys deposited to the trust fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

(1) The assets of the trust fund may be invested and reinvested as the Insurance Commissioner may determine.

(2) All income derived through investment of the trust fund as established under this chapter shall be credited as investment income to the trust fund.

(3) For the purposes of investment, trust fund moneys invested and interest earned thereon shall be administered as trust funds.

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

(d) All moneys received by the risk manager, including, but not limited to, the premiums collected and any insured loss or loss expenses paid by insurance or reinsurance companies shall be deposited in the trust fund created in this section.

Amended by Act 2015, No. 1188,§ 1, eff. 4/7/2015.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-30-104 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-104
Coordination with State Board of Education and Division of Elementary and Secondary Education
Status: in_force

The State Board of Education and the Division of Elementary and Secondary Education shall coordinate their activities to ensure that academic, workplace, and technical skills create opportunities for a strong comprehensive education regardless of the student's ultimate career choice. Amended by Act 2019, No. 910,§ 2389, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

The State Board of Education and the Division of Elementary and Secondary Education shall coordinate their activities to ensure that academic, workplace, and technical skills create opportunities for a strong comprehensive education regardless of the student's ultimate career choice.

Amended by Act 2019, No. 910,§ 2389, eff. 7/1/2019.

Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-43-701 — AR Code / Title 25 / Chapter 43 / Subchapter 7 / Section 25-43-701
Department of Finance and Administration
Status: in_force

There is created the Department of Finance and Administration as a cabinet-level department. Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.

There is created the Department of Finance and Administration as a cabinet-level department.

Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Ark. Code Ann. § 25-16-801 — AR Code / Title 25 / Chapter 16 / Subchapter 8 / Section 25-16-801
Appointments from congressional districts
Status: in_force

(a) (1) Whenever any laws of this state shall provide for the appointment of members of boards and commissions from each congressional district, they shall be deemed to mean the congressional districts of the state existing at the time of the appointment, and not the congressional districts existing at the time of the passage of those laws. (2) Whenever the total membership of any board or commission shall exceed the number of congressional districts from which appointments are to be made, the members in excess of congressional district appointees shall be appointed from the state at large. (b) If the number of congressional districts in this state shall be reduced to fewer than six (6), the members of all boards and commissions of this state, including the Legislative Council and the Legislative Joint Auditing Committee, who are selected or apportioned on the basis of congressional districts, shall continue to be selected or apportioned upon the basis of the six (6) congressional districts, as established by Act 297 of 1951 [repealed], until otherwise specifically provided by law. Acts 1967, No. 235, § 2; 1969, No. 465, Art. 4, § 6; A.S.A. 1947, § 3-406.

(a) (1) Whenever any laws of this state shall provide for the appointment of members of boards and commissions from each congressional district, they shall be deemed to mean the congressional districts of the state existing at the time of the appointment, and not the congressional districts existing at the time of the passage of those laws. (2) Whenever the total membership of any board or commission shall exceed the number of congressional districts from which appointments are to be made, the members in excess of congressional district appointees shall be appointed from the state at large.

(1) Whenever any laws of this state shall provide for the appointment of members of boards and commissions from each congressional district, they shall be deemed to mean the congressional districts of the state existing at the time of the appointment, and not the congressional districts existing at the time of the passage of those laws.

(2) Whenever the total membership of any board or commission shall exceed the number of congressional districts from which appointments are to be made, the members in excess of congressional district appointees shall be appointed from the state at large.

(b) If the number of congressional districts in this state shall be reduced to fewer than six (6), the members of all boards and commissions of this state, including the Legislative Council and the Legislative Joint Auditing Committee, who are selected or apportioned on the basis of congressional districts, shall continue to be selected or apportioned upon the basis of the six (6) congressional districts, as established by Act 297 of 1951 [repealed], until otherwise specifically provided by law.

Acts 1967, No. 235, § 2; 1969, No. 465, Art. 4, § 6; A.S.A. 1947, § 3-406.
Ark. Code Ann. § 25-15-503 — AR Code / Title 25 / Chapter 15 / Subchapter 5 / Section 25-15-503
Additional rule procedure
Status: in_force

(a) (1) In addition to filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the Department of Human Services shall, at least thirty (30) days before the expiration of the period for public comment, file a proposed rule impacting state Medicaid costs or a proposed amendment to an existing rule impacting state Medicaid costs with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (2) A review of the proposed rule or proposed amendment to an existing rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (b) (1) If adopting an emergency rule impacting state Medicaid costs, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor. (2) A review of the emergency rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date that the emergency rule is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor. Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.

(a) (1) In addition to filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the Department of Human Services shall, at least thirty (30) days before the expiration of the period for public comment, file a proposed rule impacting state Medicaid costs or a proposed amendment to an existing rule impacting state Medicaid costs with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (2) A review of the proposed rule or proposed amendment to an existing rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(1) In addition to filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the Department of Human Services shall, at least thirty (30) days before the expiration of the period for public comment, file a proposed rule impacting state Medicaid costs or a proposed amendment to an existing rule impacting state Medicaid costs with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(2) A review of the proposed rule or proposed amendment to an existing rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(b) (1) If adopting an emergency rule impacting state Medicaid costs, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor. (2) A review of the emergency rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date that the emergency rule is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor.

(1) If adopting an emergency rule impacting state Medicaid costs, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and § 10-3-309 , the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule: (A) The Speaker of the House of Representatives; (B) The President Pro Tempore of the Senate; (C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and (D) The Chair of the House Committee on Public Health, Welfare, and Labor.

(A) The Speaker of the House of Representatives;

(B) The President Pro Tempore of the Senate;

(C) The Chair of the Senate Committee on Public Health, Welfare, and Labor; and

(D) The Chair of the House Committee on Public Health, Welfare, and Labor.

(2) A review of the emergency rule by the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall occur within forty-five (45) days of the date that the emergency rule is provided to the Chair of the Senate Committee on Public Health, Welfare, and Labor and the Chair of the House Committee on Public Health, Welfare, and Labor.

Added by Act 2017, No. 605,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 25-32-119 — AR Code / Title 25 / Chapter 32 / Section 25-32-119
Interoperability
Status: in_force

With respect to standards adopted pursuant to § 25-32-118 , the Department of Finance and Administration may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application. Acts 2001, No. 905, § 19; 2007, No. 751, § 25.

With respect to standards adopted pursuant to § 25-32-118 , the Department of Finance and Administration may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application.

Acts 2001, No. 905, § 19; 2007, No. 751, § 25.
Ark. Code Ann. § 25-3-103 — AR Code / Title 25 / Chapter 3 / Section 25-3-103
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 125, eff. 7/1/2016. Repealed by Act 2016EX3, No. 2,§ 125, eff. 7/1/2016. Acts 1975, No. 1001, § 3; A.S.A. 1947, § 5-924.

Repealed by Act 2016EX3, No. 3,§ 125, eff. 7/1/2016.

Repealed by Act 2016EX3, No. 2,§ 125, eff. 7/1/2016.

Acts 1975, No. 1001, § 3; A.S.A. 1947, § 5-924.
Ark. Code Ann. § 25-8-108 — AR Code / Title 25 / Chapter 8 / Section 25-8-108
Contract labor
Status: in_force

The Secretary of the Department of Finance and Administration may authorize use of contract labor in the Revenue Division from January until July of a given year without regard to any limitation of duration or hours. Amended by Act 2019, No. 910,§ 3571, eff. 7/1/2019. Acts 1993, No. 931, § 28; 1995, No. 226, § 26.

The Secretary of the Department of Finance and Administration may authorize use of contract labor in the Revenue Division from January until July of a given year without regard to any limitation of duration or hours.

Amended by Act 2019, No. 910,§ 3571, eff. 7/1/2019.

Acts 1993, No. 931, § 28; 1995, No. 226, § 26.
Ark. Code Ann. § 25-30-201 — AR Code / Title 25 / Chapter 30 / Subchapter 2 / Section 25-30-201
Arkansas Rehabilitation Services
Status: in_force

(a) The policy and scope of Arkansas Rehabilitation Services shall be to provide increased employment of individuals with disabilities through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society. (b) Pursuant to that policy, rehabilitation services shall be provided to citizens throughout the state, and the rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of the state. Amended by Act 2023, No. 182,§ 17, eff. 8/1/2023. Acts 1999, No. 1323, § 58.

(a) The policy and scope of Arkansas Rehabilitation Services shall be to provide increased employment of individuals with disabilities through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society.

(b) Pursuant to that policy, rehabilitation services shall be provided to citizens throughout the state, and the rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of the state.

Amended by Act 2023, No. 182,§ 17, eff. 8/1/2023.

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-16-601 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-601
Violation of law by Treasurer of State
Status: in_force

If the Treasurer of State shall willfully neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or shall by color of his or her office knowingly do any act not authorized by law, or shall use any of the moneys belonging to the state, or shall perform any other duty of his or her office in any other manner than is required by law, then he or she shall be deemed guilty of a misdemeanor in office and on conviction shall forfeit for the use of the state any sum not less than one hundred dollars ($100). Rev. Stat., ch. 18, § 34; C. & M. Dig., § 2812; Pope's Dig., § 3530; A.S.A. 1947, § 12-628.

If the Treasurer of State shall willfully neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or shall by color of his or her office knowingly do any act not authorized by law, or shall use any of the moneys belonging to the state, or shall perform any other duty of his or her office in any other manner than is required by law, then he or she shall be deemed guilty of a misdemeanor in office and on conviction shall forfeit for the use of the state any sum not less than one hundred dollars ($100).

Rev. Stat., ch. 18, § 34; C. & M. Dig., § 2812; Pope's Dig., § 3530; A.S.A. 1947, § 12-628.
Ark. Code Ann. § 25-1-113 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-113
Processing of requests for payments submitted to state agencies
Status: in_force

(a) As used in this section, "state agency" means any department, agency, board, commission, office, or other authority of the state. (b) A state agency that receives a properly prepared request for payment from a city or county owed payment for services or goods purchased by the state agency has twenty (20) working days to process the payment request, excluding time required for transmittal from one (1) person to another, if: (1) The request for payment conforms with the provisions of the contract award and the laws of the State of Arkansas; and (2) Funds are available. (c) If a state agency contests the payment, then within the time specified for processing payment it shall notify the city or county that submitted the request: (1) That the payment has been contested; and (2) The reasons for the request's being contested. (d) The Chief Fiscal Officer of the State shall establish procedures for monitoring payments to cities and counties by state agencies. Acts 2003, No. 1710, § 1.

(a) As used in this section, "state agency" means any department, agency, board, commission, office, or other authority of the state.

(b) A state agency that receives a properly prepared request for payment from a city or county owed payment for services or goods purchased by the state agency has twenty (20) working days to process the payment request, excluding time required for transmittal from one (1) person to another, if: (1) The request for payment conforms with the provisions of the contract award and the laws of the State of Arkansas; and (2) Funds are available.

(1) The request for payment conforms with the provisions of the contract award and the laws of the State of Arkansas; and

(2) Funds are available.

(c) If a state agency contests the payment, then within the time specified for processing payment it shall notify the city or county that submitted the request: (1) That the payment has been contested; and (2) The reasons for the request's being contested.

(1) That the payment has been contested; and

(2) The reasons for the request's being contested.

(d) The Chief Fiscal Officer of the State shall establish procedures for monitoring payments to cities and counties by state agencies.

Acts 2003, No. 1710, § 1.
Ark. Code Ann. § 25-20-524 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-524
Property of public body
Status: in_force

(a) Regardless of the beginning date thereof, adverse possession or adverse use of lands or easements owned by a public body created hereunder shall not ripen into title or permanent right. (b) This section shall have no application to any possession or use which ripened into title or permanent right before the enactment of this section. Acts 2009, No. 1371, § 1.

(a) Regardless of the beginning date thereof, adverse possession or adverse use of lands or easements owned by a public body created hereunder shall not ripen into title or permanent right.

(b) This section shall have no application to any possession or use which ripened into title or permanent right before the enactment of this section.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-43-1202 — AR Code / Title 25 / Chapter 43 / Subchapter 12 / Section 25-43-1202
State entities transferred to Department of the Military
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of the Military by a cabinet-level department transfer: (1) The Bureau of War Records, created under § 12-61-123 ; and (2) The State Military Department, created under Acts 1929, No. 85, and established as an independent agency by Acts 1981, No. 45, § 4, now to be known as the "Department of the Military". (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of the Military under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of the Military under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of the Military under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of the Military in the same manner as before the creation of the cabinet-level department. Added by Act 2019, No. 910,§ 5528, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of the Military by a cabinet-level department transfer: (1) The Bureau of War Records, created under § 12-61-123 ; and (2) The State Military Department, created under Acts 1929, No. 85, and established as an independent agency by Acts 1981, No. 45, § 4, now to be known as the "Department of the Military".

(1) The Bureau of War Records, created under § 12-61-123 ; and

(2) The State Military Department, created under Acts 1929, No. 85, and established as an independent agency by Acts 1981, No. 45, § 4, now to be known as the "Department of the Military".

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

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

Added by Act 2019, No. 910,§ 5528, eff. 7/1/2019.
Ark. Code Ann. § 25-1-112 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-112
Sexual offenses screened in criminal background checks
Status: in_force

Whenever a criminal background check is performed on a person under the provisions of any criminal background check requirement contained in this Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that the person committed a violation of any sexual offense formerly proscribed under §§ 5-14-101 - 5-14-103 , 5-14-104 - 5-14-109 [repealed], 5-14-110 , if the offense is a felony, 5-14-111 - 5-14-113 , 5-14-114 - 5-14-119 [reserved], 5-14-120 - 5-14-121 [repealed], and 5-14-122 - 5-14-127 , that is substantially equivalent to any sexual offense presently listed in §§ 5-14-101 - 5-14-103 , 5-14-104 - 5-14-109 [repealed], 5-14-110 , if the offense is a felony, 5-14-111 - 5-14-113 , 5-14-114 - 5-14-119 [reserved], 5-14-120 - 5-14-121 [repealed], and 5-14-122 - 5-14-127 , and is an offense screened for in a criminal background check. Amended by Act 2023, No. 619,§ 30, eff. 8/1/2023. Acts 2003, No. 1393, § 1.

Whenever a criminal background check is performed on a person under the provisions of any criminal background check requirement contained in this Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that the person committed a violation of any sexual offense formerly proscribed under §§ 5-14-101 - 5-14-103 , 5-14-104 - 5-14-109 [repealed], 5-14-110 , if the offense is a felony, 5-14-111 - 5-14-113 , 5-14-114 - 5-14-119 [reserved], 5-14-120 - 5-14-121 [repealed], and 5-14-122 - 5-14-127 , that is substantially equivalent to any sexual offense presently listed in §§ 5-14-101 - 5-14-103 , 5-14-104 - 5-14-109 [repealed], 5-14-110 , if the offense is a felony, 5-14-111 - 5-14-113 , 5-14-114 - 5-14-119 [reserved], 5-14-120 - 5-14-121 [repealed], and 5-14-122 - 5-14-127 , and is an offense screened for in a criminal background check.

Amended by Act 2023, No. 619,§ 30, eff. 8/1/2023.

Acts 2003, No. 1393, § 1.
Ark. Code Ann. § 25-43-1505 — AR Code / Title 25 / Chapter 43 / Subchapter 15 / Section 25-43-1505
Employee Benefits Division
Status: in_force

There is created within the Department of Transformation and Shared Services the Employee Benefits Division. Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.

There is created within the Department of Transformation and Shared Services the Employee Benefits Division.

Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.
Ark. Code Ann. § 25-35-102 — AR Code / Title 25 / Chapter 35 / Section 25-35-102
Definitions
Status: in_force

For the purposes of this chapter: (1) "Annual aggregate deductible" means the maximum amount payable annually from the Arkansas Multi-Agency Insurance Trust Fund for covered losses; (2) "Insurance Commissioner" means the Insurance Commissioner of the State Insurance Department or the commissioner's successor; (3) "Risk manager" means the Administrator of the Risk Management Division of the State Insurance Department; (4) "State agency" means any state agency, board, bureau, commission, council, department, institution, or other similar entity; and (5) "Trust fund" means the Arkansas Multi-Agency Insurance Trust Fund. Acts 2003, No. 1762, § 1.

For the purposes of this chapter:

(1) "Annual aggregate deductible" means the maximum amount payable annually from the Arkansas Multi-Agency Insurance Trust Fund for covered losses;

(2) "Insurance Commissioner" means the Insurance Commissioner of the State Insurance Department or the commissioner's successor;

(3) "Risk manager" means the Administrator of the Risk Management Division of the State Insurance Department;

(4) "State agency" means any state agency, board, bureau, commission, council, department, institution, or other similar entity; and

(5) "Trust fund" means the Arkansas Multi-Agency Insurance Trust Fund.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-10-138 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-138
Education requirements for certain Division of Youth Services employees
Status: in_force

(a) With the assistance of the Office of Personnel Management, the Division of Youth Services shall promulgate rules to increase the education requirements for youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the education requirements promulgated by the division. (b) No rule pertaining to education requirements for youth service workers or security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly. Amended by Act 2019, No. 315,§ 2918, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6303, eff. 7/1/2019. Acts 1999, No. 469, § 1.

(a) With the assistance of the Office of Personnel Management, the Division of Youth Services shall promulgate rules to increase the education requirements for youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the education requirements promulgated by the division.

(b) No rule pertaining to education requirements for youth service workers or security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly.

Amended by Act 2019, No. 315,§ 2918, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6303, eff. 7/1/2019.

Acts 1999, No. 469, § 1.
Ark. Code Ann. § 25-4-111 — AR Code / Title 25 / Chapter 4 / Section 25-4-111
Information technology - Prerequisites
Status: in_force

(a) Unless the agency first receives approval for a plan or an updated plan as provided for under § 25-4-110 , a state agency shall not: (1) Acquire by purchase or lease any new or additional information technology; or (2) Enter into any contract for information technology. (b) If an agency desires to acquire information technology not part of an information technology plan approved under § 25-4-110 , the requesting agency shall submit a waiver request to the Director of the Division of Information Systems that includes: (1) Identification of necessary additional services or improvements in information technology; (2) Relationship of the information technology improvements or additions to the overall goals of the agency; (3) Resources needed to provide the additional services or improvements; and (4) Measurement and evaluation criteria. (c) (1) Upon evaluation of the waiver request, the director shall notify the agency in writing of his or her approval or rejection of the request and his or her reasons. (2) The director shall make his or her evaluation in a timely manner. If the director requires more than thirty (30) days to complete the evaluation, he or she shall report in writing to the Governor and the Secretary of the Department of Transformation and Shared Services his or her reasons for the delay in completion. (3) If the director rejects a request for a waiver, a state agency shall not make any expenditure of public funds for the acquisition or expansion of information technology equipment or services. (4) If the director determines that the agency needs additional information technology resources, he or she may: (A) Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture; (B) Authorize acquisition of a modified information technology configuration; (C) Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or (D) Recommend that the information technology be provided through the facilities of some other designated state agency. (d) All state agencies shall comply with the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and applicable provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., in the acquisition, purchase, contracting for the purchase of, and leasing of information technology. Amended by Act 2019, No. 910,§ 6277, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6276, eff. 7/1/2019. Acts 1977, No. 884, § 10; A.S.A. 1947, § 5-1410; Acts 1997, No. 914, § 11; 2001, No. 1722, § 8; 2007, No. 751, § 18; 2009, No. 648, § 7.

(a) Unless the agency first receives approval for a plan or an updated plan as provided for under § 25-4-110 , a state agency shall not: (1) Acquire by purchase or lease any new or additional information technology; or (2) Enter into any contract for information technology.

(1) Acquire by purchase or lease any new or additional information technology; or

(2) Enter into any contract for information technology.

(b) If an agency desires to acquire information technology not part of an information technology plan approved under § 25-4-110 , the requesting agency shall submit a waiver request to the Director of the Division of Information Systems that includes: (1) Identification of necessary additional services or improvements in information technology; (2) Relationship of the information technology improvements or additions to the overall goals of the agency; (3) Resources needed to provide the additional services or improvements; and (4) Measurement and evaluation criteria.

(1) Identification of necessary additional services or improvements in information technology;

(2) Relationship of the information technology improvements or additions to the overall goals of the agency;

(3) Resources needed to provide the additional services or improvements; and

(4) Measurement and evaluation criteria.

(c) (1) Upon evaluation of the waiver request, the director shall notify the agency in writing of his or her approval or rejection of the request and his or her reasons. (2) The director shall make his or her evaluation in a timely manner. If the director requires more than thirty (30) days to complete the evaluation, he or she shall report in writing to the Governor and the Secretary of the Department of Transformation and Shared Services his or her reasons for the delay in completion. (3) If the director rejects a request for a waiver, a state agency shall not make any expenditure of public funds for the acquisition or expansion of information technology equipment or services. (4) If the director determines that the agency needs additional information technology resources, he or she may: (A) Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture; (B) Authorize acquisition of a modified information technology configuration; (C) Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or (D) Recommend that the information technology be provided through the facilities of some other designated state agency.

(1) Upon evaluation of the waiver request, the director shall notify the agency in writing of his or her approval or rejection of the request and his or her reasons.

(2) The director shall make his or her evaluation in a timely manner. If the director requires more than thirty (30) days to complete the evaluation, he or she shall report in writing to the Governor and the Secretary of the Department of Transformation and Shared Services his or her reasons for the delay in completion.

(3) If the director rejects a request for a waiver, a state agency shall not make any expenditure of public funds for the acquisition or expansion of information technology equipment or services.

(4) If the director determines that the agency needs additional information technology resources, he or she may: (A) Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture; (B) Authorize acquisition of a modified information technology configuration; (C) Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or (D) Recommend that the information technology be provided through the facilities of some other designated state agency.

(A) Authorize the agency to acquire the requested information technology in accordance with the state enterprise architecture;

(B) Authorize acquisition of a modified information technology configuration;

(C) Notify the agency of the availability of Division of Information Systems facilities to provide the requested information technology; or

(D) Recommend that the information technology be provided through the facilities of some other designated state agency.

(d) All state agencies shall comply with the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and applicable provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., in the acquisition, purchase, contracting for the purchase of, and leasing of information technology.

Amended by Act 2019, No. 910,§ 6277, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6276, eff. 7/1/2019.

Acts 1977, No. 884, § 10; A.S.A. 1947, § 5-1410; Acts 1997, No. 914, § 11; 2001, No. 1722, § 8; 2007, No. 751, § 18; 2009, No. 648, § 7.
Ark. Code Ann. § 25-20-203 — AR Code / Title 25 / Chapter 20 / Subchapter 2 / Section 25-20-203
Powers
Status: in_force

(a) Unless its application provides otherwise, each public body shall have the power to: (1) Have perpetual succession; (2) Maintain such offices as it may deem appropriate; (3) Execute and perform contracts; (4) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and construct, maintain, and operate facilities in accordance therewith; (5) Employ the services of professionals; (6) Purchase insurance; (7) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, or otherwise acquire, dispose of, or deal with, real or personal property or any legal or equitable interest therein in its own name; (8) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any taxes levied pursuant to any authority granted by the Arkansas Constitution or statutes, and amendments thereto, and any proceeds from the sale of bonds; (9) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes, in the manner prescribed in §§ 18-15-1202 - 18-15-1207 or in the manner provided by any other statutory provisions for the exercise of the power of eminent domain; and (10) Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter. (b) A public body corporate and politic created as provided by this subchapter shall constitute an independent legal entity, and, notwithstanding any other provision of state law or any ordinance, resolution, or other action of any participating public agency to the contrary, none of the powers granted to a public body under the provisions of this subchapter or in its application for incorporation shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency. Acts 1995, No. 813, § 2.

(a) Unless its application provides otherwise, each public body shall have the power to: (1) Have perpetual succession; (2) Maintain such offices as it may deem appropriate; (3) Execute and perform contracts; (4) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and construct, maintain, and operate facilities in accordance therewith; (5) Employ the services of professionals; (6) Purchase insurance; (7) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, or otherwise acquire, dispose of, or deal with, real or personal property or any legal or equitable interest therein in its own name; (8) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any taxes levied pursuant to any authority granted by the Arkansas Constitution or statutes, and amendments thereto, and any proceeds from the sale of bonds; (9) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes, in the manner prescribed in §§ 18-15-1202 - 18-15-1207 or in the manner provided by any other statutory provisions for the exercise of the power of eminent domain; and (10) Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter.

(1) Have perpetual succession;

(2) Maintain such offices as it may deem appropriate;

(3) Execute and perform contracts;

(4) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and construct, maintain, and operate facilities in accordance therewith;

(5) Employ the services of professionals;

(6) Purchase insurance;

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

(8) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any taxes levied pursuant to any authority granted by the Arkansas Constitution or statutes, and amendments thereto, and any proceeds from the sale of bonds;

(9) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes, in the manner prescribed in §§ 18-15-1202 - 18-15-1207 or in the manner provided by any other statutory provisions for the exercise of the power of eminent domain; and

(10) Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter.

(b) A public body corporate and politic created as provided by this subchapter shall constitute an independent legal entity, and, notwithstanding any other provision of state law or any ordinance, resolution, or other action of any participating public agency to the contrary, none of the powers granted to a public body under the provisions of this subchapter or in its application for incorporation shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency.

Acts 1995, No. 813, § 2.
Ark. Code Ann. § 25-18-102 — AR Code / Title 25 / Chapter 18 / Subchapter 1 / Section 25-18-102
Microfilming of records by Secretary of State
Status: in_force

(a) The Secretary of State is authorized and empowered to proceed to have microfilmed any state records and documents which, in his or her opinion, with the advice of the State Board of Finance and the heads of the various state departments, may be of the most importance from an historical and legal point of view. (b) The microfilm records shall be properly indexed and placed in a fireproof vault which will be available to all department heads, officials, employees, and the public. The operator and supervisor are directed to place the microfilm record of all state documents or records on the microfilm reader machine for the use of any citizens, officials, or employees of the state at their request. (c) The Secretary of State is charged with the general direction of this microfilming program, provided that the Governor by proclamation may transfer these duties to some other official or department. Acts 1947, No. 281, § 2; A.S.A. 1947, § 12-414.

(a) The Secretary of State is authorized and empowered to proceed to have microfilmed any state records and documents which, in his or her opinion, with the advice of the State Board of Finance and the heads of the various state departments, may be of the most importance from an historical and legal point of view.

(b) The microfilm records shall be properly indexed and placed in a fireproof vault which will be available to all department heads, officials, employees, and the public. The operator and supervisor are directed to place the microfilm record of all state documents or records on the microfilm reader machine for the use of any citizens, officials, or employees of the state at their request.

(c) The Secretary of State is charged with the general direction of this microfilming program, provided that the Governor by proclamation may transfer these duties to some other official or department.

Acts 1947, No. 281, § 2; A.S.A. 1947, § 12-414.
Ark. Code Ann. § 25-42-105 — AR Code / Title 25 / Chapter 42 / Section 25-42-105
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019. Amended by Act 2017, No. 270,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 270,§ 4, eff. 8/1/2017. Acts 2011, No. 891, § 1.

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019.

Amended by Act 2017, No. 270,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 270,§ 4, eff. 8/1/2017.

Acts 2011, No. 891, § 1.
Ark. Code Ann. § 25-16-504 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-504
Deputy
Status: in_force

(a) The Auditor of State is authorized to appoint one (1) deputy. The appointment shall be made in writing. (b) The deputy so appointed shall take the oath prescribed by law. The oath shall be endorsed on the letter of appointment, and the letter of appointment shall be filed in the office of the Secretary of State. (c) The Auditor of State shall be responsible on his or her official bond for all the acts done and performed by his or her deputy in the performance of his or her official duties. (d) Every deputy appointed under this section shall possess all the powers of his or her principal and may perform any of the duties required by law to be performed by his or her principal. Acts 1866, No. 4, §§ 1, 2, p. 20; C. & M. Dig., §§ 4444, 4445; Pope's Dig., §§ 5479, 5480; A.S.A. 1947, §§ 12-505, 12-506.

(a) The Auditor of State is authorized to appoint one (1) deputy. The appointment shall be made in writing.

(b) The deputy so appointed shall take the oath prescribed by law. The oath shall be endorsed on the letter of appointment, and the letter of appointment shall be filed in the office of the Secretary of State.

(c) The Auditor of State shall be responsible on his or her official bond for all the acts done and performed by his or her deputy in the performance of his or her official duties.

(d) Every deputy appointed under this section shall possess all the powers of his or her principal and may perform any of the duties required by law to be performed by his or her principal.

Acts 1866, No. 4, §§ 1, 2, p. 20; C. & M. Dig., §§ 4444, 4445; Pope's Dig., §§ 5479, 5480; A.S.A. 1947, §§ 12-505, 12-506.
Ark. Code Ann. § 25-17-203 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-203
Eligibility for membership
Status: in_force

(a) Members of the boards appointed by the Governor under the provisions of § 25-17-201 , in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas. (b) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Justices of the Supreme Court, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on any of the boards provided for in § 25-17-201 during the time for which they were elected or appointed. (c) No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time. Acts 1943, No. 1, § 5; A.S.A. 1947, § 7-204; Acts 1991, No. 795, § 2.

(a) Members of the boards appointed by the Governor under the provisions of § 25-17-201 , in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.

(b) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Justices of the Supreme Court, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on any of the boards provided for in § 25-17-201 during the time for which they were elected or appointed.

(c) No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.

Acts 1943, No. 1, § 5; A.S.A. 1947, § 7-204; Acts 1991, No. 795, § 2.
Ark. Code Ann. § 25-15-203 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-203
Rules - Required rules - Public inspection
Status: in_force

(a) In addition to other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests; (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency; (3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and (4) Make available for public inspection all orders, decisions, and opinions. (b) No agency rule, order, or decision shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed and made available for public inspection as required in this subchapter. This provision shall not apply in favor of any person or party with actual knowledge of an agency rule, order, or decision. (c) To the extent possible, a rule shall be written in plain language. Amended by Act 2019, No. 662,§ 1, eff. 7/24/2019. Acts 1967, No. 434, § 2; A.S.A. 1947, § 5-702; Acts 1993, No. 1106, § 2; 2001, No. 1648, § 2.

(a) In addition to other rulemaking requirements imposed by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests; (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency; (3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and (4) Make available for public inspection all orders, decisions, and opinions.

(1) Adopt as a rule a description of its organization, stating the general course and method of its operations, including the methods whereby the public may obtain information or make submissions or requests;

(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;

(3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; and

(4) Make available for public inspection all orders, decisions, and opinions.

(b) No agency rule, order, or decision shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed and made available for public inspection as required in this subchapter. This provision shall not apply in favor of any person or party with actual knowledge of an agency rule, order, or decision.

(c) To the extent possible, a rule shall be written in plain language.

Amended by Act 2019, No. 662,§ 1, eff. 7/24/2019.

Acts 1967, No. 434, § 2; A.S.A. 1947, § 5-702; Acts 1993, No. 1106, § 2; 2001, No. 1648, § 2.
Ark. Code Ann. § 25-38-211 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-211
Transfers of certain agricultural boards, commissions, committees, bureaus, programs, and offices
Status: in_force

(a) As provided in this section and in §§ 25-38-206 and 25-43-202 , the following boards, commissions, committees, bureaus, programs, or offices, or parts thereof, are transferred by a cabinet-level department transfer under § 25-43-103(3) to the Department of Agriculture: (1) [Repealed.] (2) [Repealed.] (3) The Arkansas Bureau of Standards, created under § 4-18-301 et seq.; (4) The Arkansas Boll Weevil Eradication Committee, created under § 2-16-612 ; (5) The Arkansas Farm Mediation Office, created under § 2-7-201 ; (6) [Repealed.] (7) The Arkansas Forestry Commission, created under § 15-31-101 ; (8) The Arkansas Livestock and Poultry Commission, created under § 2-33-101 ; (9) [Repealed.] (10) The Arkansas Natural Resources Commission, created under § 15-20-201 ; (11) [Repealed.] (12) [Repealed.] (13) [Repealed.] (14) The Arkansas Unpaved Roads Program, created under § 14-305-104 ; (15) [Repealed.] (16) [Repealed.] (17) [Repealed.] (18) [Repealed.] (19) [Repealed.] (20) The State Plant Board, created under § 2-16-206 ; (21) [Repealed.] (22) [Repealed.] (23) [Repealed.] (24) Arkansas Catfish Promotion Board, created under § 2-9-103 ; (25) Arkansas Soybean Promotion Board, created under § 2-20-404 ; (26) Arkansas Rice Research and Promotion Board, created under § 2-20-505 ; (27) Arkansas Wheat Promotion Board, created under § 2-20-604 ; (28) Arkansas Corn and Grain Sorghum Promotion Board, created under § 2-20-804 ; and (29) Arkansas Beef Council, created under § 2-35-303 . (b) The transfer under subsection (a) of this section supersedes previous transfers, including without limitation the transfers under § 25-38-204 [repealed]. (c) For purposes of this section, the Department of Agriculture shall be considered a principal department as established by Acts 1971, No. 38. (d) The transferred entities shall be administered under the direction and supervision of the department but shall continue to exercise their statutory authority, powers, duties, and functions as before the transfer, including without limitation the promulgation of rules, the collection of fees, and the creation of programs. (e) All revenue and future revenue, including without limitation cash funds, special revenue, trust funds, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys held in accounts by the transferred boards, commissions, bureaus, programs, committees, or offices, including without limitation unexpended balances that may be carried forward, shall continue to be held in the accounts and shall be used solely for the purposes for which the revenue was collected as provided by law. (f) All records, personnel, and unexpended balances of state appropriations or allocations, including the functions of budgeting and purchasing, are transferred to the department. (g) (1) All real property owned in fee simple by a transferred state entity, except as set out in subdivision (g)(2) of this section, shall remain in the name of the state entity subject to a cabinet-level department transfer under § 25-38-211 , to be administered by the department. (2) All real or personal property owned by the State Plant Board shall remain in the name of the State Plant Board and shall be administered by the State Plant Board. Amended by Act 2023, No. 691,§ 202, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 201, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 200, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 199, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 198, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 197, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 196, eff. 7/1/2023. Amended by Act 2023, No. 712,§ 11, eff. 7/1/2023. Amended by Act 2021, No. 501,§ 23, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 22, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 21, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 20, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 19, eff. 7/28/2021. Added by Act 2019, No. 910,§ 8, eff. 7/1/2019.

(a) As provided in this section and in §§ 25-38-206 and 25-43-202 , the following boards, commissions, committees, bureaus, programs, or offices, or parts thereof, are transferred by a cabinet-level department transfer under § 25-43-103(3) to the Department of Agriculture: (1) [Repealed.] (2) [Repealed.] (3) The Arkansas Bureau of Standards, created under § 4-18-301 et seq.; (4) The Arkansas Boll Weevil Eradication Committee, created under § 2-16-612 ; (5) The Arkansas Farm Mediation Office, created under § 2-7-201 ; (6) [Repealed.] (7) The Arkansas Forestry Commission, created under § 15-31-101 ; (8) The Arkansas Livestock and Poultry Commission, created under § 2-33-101 ; (9) [Repealed.] (10) The Arkansas Natural Resources Commission, created under § 15-20-201 ; (11) [Repealed.] (12) [Repealed.] (13) [Repealed.] (14) The Arkansas Unpaved Roads Program, created under § 14-305-104 ; (15) [Repealed.] (16) [Repealed.] (17) [Repealed.] (18) [Repealed.] (19) [Repealed.] (20) The State Plant Board, created under § 2-16-206 ; (21) [Repealed.] (22) [Repealed.] (23) [Repealed.] (24) Arkansas Catfish Promotion Board, created under § 2-9-103 ; (25) Arkansas Soybean Promotion Board, created under § 2-20-404 ; (26) Arkansas Rice Research and Promotion Board, created under § 2-20-505 ; (27) Arkansas Wheat Promotion Board, created under § 2-20-604 ; (28) Arkansas Corn and Grain Sorghum Promotion Board, created under § 2-20-804 ; and (29) Arkansas Beef Council, created under § 2-35-303 .

(1) [Repealed.]

(2) [Repealed.]

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

(4) The Arkansas Boll Weevil Eradication Committee, created under § 2-16-612 ;

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

(6) [Repealed.]

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

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

(9) [Repealed.]

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

(11) [Repealed.]

(12) [Repealed.]

(13) [Repealed.]

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

(15) [Repealed.]

(16) [Repealed.]

(17) [Repealed.]

(18) [Repealed.]

(19) [Repealed.]

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

(21) [Repealed.]

(22) [Repealed.]

(23) [Repealed.]

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

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

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

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

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

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

(b) The transfer under subsection (a) of this section supersedes previous transfers, including without limitation the transfers under § 25-38-204 [repealed].

(c) For purposes of this section, the Department of Agriculture shall be considered a principal department as established by Acts 1971, No. 38.

(d) The transferred entities shall be administered under the direction and supervision of the department but shall continue to exercise their statutory authority, powers, duties, and functions as before the transfer, including without limitation the promulgation of rules, the collection of fees, and the creation of programs.

(e) All revenue and future revenue, including without limitation cash funds, special revenue, trust funds, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys held in accounts by the transferred boards, commissions, bureaus, programs, committees, or offices, including without limitation unexpended balances that may be carried forward, shall continue to be held in the accounts and shall be used solely for the purposes for which the revenue was collected as provided by law.

(f) All records, personnel, and unexpended balances of state appropriations or allocations, including the functions of budgeting and purchasing, are transferred to the department.

(g) (1) All real property owned in fee simple by a transferred state entity, except as set out in subdivision (g)(2) of this section, shall remain in the name of the state entity subject to a cabinet-level department transfer under § 25-38-211 , to be administered by the department. (2) All real or personal property owned by the State Plant Board shall remain in the name of the State Plant Board and shall be administered by the State Plant Board.

(1) All real property owned in fee simple by a transferred state entity, except as set out in subdivision (g)(2) of this section, shall remain in the name of the state entity subject to a cabinet-level department transfer under § 25-38-211 , to be administered by the department.

(2) All real or personal property owned by the State Plant Board shall remain in the name of the State Plant Board and shall be administered by the State Plant Board.

Amended by Act 2023, No. 691,§ 202, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 201, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 200, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 199, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 198, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 197, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 196, eff. 7/1/2023.

Amended by Act 2023, No. 712,§ 11, eff. 7/1/2023.

Amended by Act 2021, No. 501,§ 23, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 22, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 21, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 20, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 19, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 8, eff. 7/1/2019.
Ark. Code Ann. § 25-18-202 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-202
Messages, reports, and other documents - Number of copies
Status: in_force

If any report, bill, or other document is ordered to be printed by the General Assembly and no number of copies is designated, there shall be printed at the public expense not more than two hundred forty (240) copies. Acts 1874, No. 6, § 22, p. 42; C. & M. Dig., § 9239; Pope's Dig., § 11925; A.S.A. 1947, § 14-402.

If any report, bill, or other document is ordered to be printed by the General Assembly and no number of copies is designated, there shall be printed at the public expense not more than two hundred forty (240) copies.

Acts 1874, No. 6, § 22, p. 42; C. & M. Dig., § 9239; Pope's Dig., § 11925; A.S.A. 1947, § 14-402.
Ark. Code Ann. § 25-8-101 — AR Code / Title 25 / Chapter 8 / Section 25-8-101
Secretary - Organization - Personnel - Definition
Status: in_force

(a) (1) The Department of Finance and Administration shall consist of the divisions which existed as of July 1, 1971, within the State Administration Department and the Department of Revenues and any other divisions which may be created by law and placed under the Department of Finance and Administration, subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act. (2) There is created a Racing Division and an Alcoholic Beverage Control Division within the Department of Finance and Administration. (b) The Secretary of the Department of Finance and Administration, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. The secretary may appoint an Administrative Assistant for Revenue to serve as the secretary's agent. All other personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the secretary, provided that nothing in this section shall be so construed as to reduce any right which an employee of the Department of Finance and Administration shall have under any civil service or merit system. (c) Each division of the Department of Finance and Administration shall be under the direction, control, and supervision of the secretary. The secretary may delegate his or her functions, powers, and duties to the various divisions of the Department of Finance and Administration as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Finance and Administration. (d) For the purposes of the tax, driver's license, and motor vehicle registration and licensing laws, the term "secretary" shall mean the Secretary of the Department of Finance and Administration, the Administrative Assistant for Revenue, or his or her authorized agent. The Administrative Assistant for Revenue shall act as the secretary's agent and take any and all actions necessary to administer the laws. Amended by Act 2019, No. 910,§ 3564, eff. 7/1/2019. Acts 1971, No. 38, § 5; A.S.A. 1947, § 5-905; Acts 1993, No. 332, §§ 1, 2.

(a) (1) The Department of Finance and Administration shall consist of the divisions which existed as of July 1, 1971, within the State Administration Department and the Department of Revenues and any other divisions which may be created by law and placed under the Department of Finance and Administration, subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act. (2) There is created a Racing Division and an Alcoholic Beverage Control Division within the Department of Finance and Administration.

(1) The Department of Finance and Administration shall consist of the divisions which existed as of July 1, 1971, within the State Administration Department and the Department of Revenues and any other divisions which may be created by law and placed under the Department of Finance and Administration, subject to the transfer of a division or department of the Department of Finance and Administration as a state entity under this act.

(2) There is created a Racing Division and an Alcoholic Beverage Control Division within the Department of Finance and Administration.

(b) The Secretary of the Department of Finance and Administration, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. The secretary may appoint an Administrative Assistant for Revenue to serve as the secretary's agent. All other personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the secretary, provided that nothing in this section shall be so construed as to reduce any right which an employee of the Department of Finance and Administration shall have under any civil service or merit system.

(c) Each division of the Department of Finance and Administration shall be under the direction, control, and supervision of the secretary. The secretary may delegate his or her functions, powers, and duties to the various divisions of the Department of Finance and Administration as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Finance and Administration.

(d) For the purposes of the tax, driver's license, and motor vehicle registration and licensing laws, the term "secretary" shall mean the Secretary of the Department of Finance and Administration, the Administrative Assistant for Revenue, or his or her authorized agent. The Administrative Assistant for Revenue shall act as the secretary's agent and take any and all actions necessary to administer the laws.

Amended by Act 2019, No. 910,§ 3564, eff. 7/1/2019.

Acts 1971, No. 38, § 5; A.S.A. 1947, § 5-905; Acts 1993, No. 332, §§ 1, 2.
Ark. Code Ann. § 25-43-1503 — AR Code / Title 25 / Chapter 43 / Subchapter 15 / Section 25-43-1503
Secretary of the Department of Transformation and Shared Services
Status: in_force

(a) The executive head of the Department of Transformation and Shared Services shall be the Secretary of the Department of Transformation and Shared Services. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 14, eff. 7/28/2021. Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.

(a) The executive head of the Department of Transformation and Shared Services shall be the Secretary of the Department of Transformation and Shared Services.

(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(c) Each division of the department shall be under the direction, control, and supervision of the secretary.

(d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(1) Hire department personnel;

(2) Perform or assign duties assigned to the department; and

(3) Serve as the director, or the administrative or executive head, of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

Amended by Act 2021, No. 413,§ 14, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.
Ark. Code Ann. § 25-16-303 — AR Code / Title 25 / Chapter 16 / Subchapter 3 / Section 25-16-303
Appropriation transfer
Status: in_force

The office of the Lieutenant Governor may transfer an appropriation from any line item authorized in the operations appropriation of the office of the Lieutenant Governor to any other line item authorized in the operations appropriation of the office of the Lieutenant Governor if: (1) The Chief Fiscal Officer of the State approves the transfer of the appropriation; and (2) The transfer is reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Added by Act 2023, No. 857,§ 3, eff. 7/1/2023.

The office of the Lieutenant Governor may transfer an appropriation from any line item authorized in the operations appropriation of the office of the Lieutenant Governor to any other line item authorized in the operations appropriation of the office of the Lieutenant Governor if:

(1) The Chief Fiscal Officer of the State approves the transfer of the appropriation; and

(2) The transfer is reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Added by Act 2023, No. 857,§ 3, eff. 7/1/2023.
Ark. Code Ann. § 25-27-102 — AR Code / Title 25 / Chapter 27 / Section 25-27-102
Definitions
Status: in_force

As used in this chapter: (1) "Agency" means any agency, board, commission, public instrumentality, political subdivision, or any of the foregoing entities acting on behalf of the State of Arkansas which store, gather, or generate public information; (2) "Gateway system" means any centralized electronic information system by which public information shall be disseminated or collected via the Internet, dial-in modem, continuous link, or other electronic medium; (3) "I.N.A." means the Information Network of Arkansas, or, if the Information Network of Arkansas shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given by this chapter to the Information Network of Arkansas shall be given by law; (4) "Network manager" means the entity or person designated by contractual obligation to establish, develop, operate, maintain, and expand the gateway system on behalf of the Information Network of Arkansas; (5) "Public information" means any information stored, gathered, or generated in electronic or magnetic form by an agency, its agencies, or instrumentalities, which is included within the information deemed to be public pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq., and other provisions of the Arkansas Code providing for release of information to the public at large to specified groups or recipients; and (6) "User association" means an association: (A) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists; (B) Which is registered with the Secretary of State as an Arkansas corporation; (C) Which exists for the purpose of advancing the common occupation or profession of its membership; and (D) Which, after the appointment of the initial board of the Information Network of Arkansas, regularly promotes and encourages the subscription of its members to the gateway system developed by the Information Network of Arkansas. Acts 1995, No. 1139, § 2; 1999, No. 538, § 1.

As used in this chapter:

(1) "Agency" means any agency, board, commission, public instrumentality, political subdivision, or any of the foregoing entities acting on behalf of the State of Arkansas which store, gather, or generate public information;

(2) "Gateway system" means any centralized electronic information system by which public information shall be disseminated or collected via the Internet, dial-in modem, continuous link, or other electronic medium;

(3) "I.N.A." means the Information Network of Arkansas, or, if the Information Network of Arkansas shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given by this chapter to the Information Network of Arkansas shall be given by law;

(4) "Network manager" means the entity or person designated by contractual obligation to establish, develop, operate, maintain, and expand the gateway system on behalf of the Information Network of Arkansas;

(5) "Public information" means any information stored, gathered, or generated in electronic or magnetic form by an agency, its agencies, or instrumentalities, which is included within the information deemed to be public pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq., and other provisions of the Arkansas Code providing for release of information to the public at large to specified groups or recipients; and

(6) "User association" means an association: (A) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists; (B) Which is registered with the Secretary of State as an Arkansas corporation; (C) Which exists for the purpose of advancing the common occupation or profession of its membership; and (D) Which, after the appointment of the initial board of the Information Network of Arkansas, regularly promotes and encourages the subscription of its members to the gateway system developed by the Information Network of Arkansas.

(A) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists;

(B) Which is registered with the Secretary of State as an Arkansas corporation;

(C) Which exists for the purpose of advancing the common occupation or profession of its membership; and

(D) Which, after the appointment of the initial board of the Information Network of Arkansas, regularly promotes and encourages the subscription of its members to the gateway system developed by the Information Network of Arkansas.

Acts 1995, No. 1139, § 2; 1999, No. 538, § 1.
Ark. Code Ann. § 25-33-101 — AR Code / Title 25 / Chapter 33 / Subchapter 1 / Section 25-33-101
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 79, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6320, eff. 7/1/2019. Acts 2001, No. 1042, § 1; 2007, No. 751, § 26.

Repealed by Act 2023, No. 365,§ 79, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6320, eff. 7/1/2019.

Acts 2001, No. 1042, § 1; 2007, No. 751, § 26.
Ark. Code Ann. § 25-38-207 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-207
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 195, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 122, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 88, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 88, eff. 5/23/2016. Acts 2005, No. 1978, § 2; 2007, No. 469, § 1.

Repealed by Act 2023, No. 691,§ 195, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 122, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 88, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 88, eff. 5/23/2016.

Acts 2005, No. 1978, § 2; 2007, No. 469, § 1.
Ark. Code Ann. § 25-18-305 — AR Code / Title 25 / Chapter 18 / Subchapter 3 / Section 25-18-305
Federal publications
Status: in_force

The Secretary of State is further directed to send to the Mullins Library of the University of Arkansas at Fayetteville a copy of all publications of the federal government, where there are duplicate copies in the library of the Secretary of State. This shall include the Congressional Globe, Congressional Record , executive documents, departmental and commercial reports, and any federal documents. Acts 1905, No. 80, § 3, p. 201; C. & M. Dig., § 4405; Pope's Dig., § 5420; A.S.A. 1947, § 14-433.

The Secretary of State is further directed to send to the Mullins Library of the University of Arkansas at Fayetteville a copy of all publications of the federal government, where there are duplicate copies in the library of the Secretary of State. This shall include the Congressional Globe, Congressional Record , executive documents, departmental and commercial reports, and any federal documents.

Acts 1905, No. 80, § 3, p. 201; C. & M. Dig., § 4405; Pope's Dig., § 5420; A.S.A. 1947, § 14-433.
Ark. Code Ann. § 25-18-203 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-203
Messages, reports, and other documents - Covers and title pages
Status: in_force

In printing messages, reports, and other documents ordered to be printed by the General Assembly or by any officer, in pursuance of law or resolution of either house of the General Assembly, the contractor may attach covers and prefix a title page to each message or report of a state officer or superintendent of a state institution, but the contractor shall dispense with full title pages in reports of committees and other short documents and affix only a half-title at the top of the first page of every document. Acts 1874, No. 6, § 15, p. 42; C. & M. Dig., § 9227; Pope's Dig., § 11913; A.S.A. 1947, § 14-403.

In printing messages, reports, and other documents ordered to be printed by the General Assembly or by any officer, in pursuance of law or resolution of either house of the General Assembly, the contractor may attach covers and prefix a title page to each message or report of a state officer or superintendent of a state institution, but the contractor shall dispense with full title pages in reports of committees and other short documents and affix only a half-title at the top of the first page of every document.

Acts 1874, No. 6, § 15, p. 42; C. & M. Dig., § 9227; Pope's Dig., § 11913; A.S.A. 1947, § 14-403.
Ark. Code Ann. § 25-32-103 — AR Code / Title 25 / Chapter 32 / Section 25-32-103
Scope
Status: in_force

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; and (2) the Uniform Commercial Code other than §§ 4-1-107 and 4-1-206 , Chapter 2, and Chapter 2A. (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b). (d) A transaction subject to this chapter is also subject to other applicable substantive law. (e) This chapter is an enactment of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999 and therefore, pursuant to Section 102(a) of the Electronic Signatures in Global and National Commerce Act, modifies, limits, or supercedes the provisions of Section 101 of the Electronic Signatures in Global and National Commerce Act to the extent therein authorized. Acts 2001, No. 905, § 3.

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; and (2) the Uniform Commercial Code other than §§ 4-1-107 and 4-1-206 , Chapter 2, and Chapter 2A.

(1) a law governing the creation and execution of wills, codicils, or testamentary trusts; and

(2) the Uniform Commercial Code other than §§ 4-1-107 and 4-1-206 , Chapter 2, and Chapter 2A.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law.

(e) This chapter is an enactment of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999 and therefore, pursuant to Section 102(a) of the Electronic Signatures in Global and National Commerce Act, modifies, limits, or supercedes the provisions of Section 101 of the Electronic Signatures in Global and National Commerce Act to the extent therein authorized.

Acts 2001, No. 905, § 3.
Ark. Code Ann. § 25-43-401 — AR Code / Title 25 / Chapter 43 / Subchapter 4 / Section 25-43-401
Department of Corrections
Status: in_force

(a) There is created the Department of Corrections as a cabinet-level department. (b) (1) The Board of Corrections: (A) Is affiliated with the department; (B) Shall be the governing authority of the department; and (C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33. (2) No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions. (c) The department shall: (1) Maintain and administer real property on behalf of each state entity transferred under this chapter if the real property is not under the supervision and control of the board; and (2) Maintain and administer all personal property on behalf of each state entity transferred under this chapter. (d) The department shall: (1) Assist the board with developing a biennial budget and annual, quarterly, and monthly fiscal plans for the operation of the board and assist the board in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Corrections; (2) Assist the board with complying with the general guidelines, polices, and rules of the department with respect to personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the department; (3) Consult with the board regarding personnel decisions and staffing; and (4) Coordinate the policies promulgated by the board for the administration of personnel and personnel records to assure that all employee records and personnel records of the board conform to the personnel policies and practices of the department. Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.

(a) There is created the Department of Corrections as a cabinet-level department.

(b) (1) The Board of Corrections: (A) Is affiliated with the department; (B) Shall be the governing authority of the department; and (C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33. (2) No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions.

(1) The Board of Corrections: (A) Is affiliated with the department; (B) Shall be the governing authority of the department; and (C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33.

(A) Is affiliated with the department;

(B) Shall be the governing authority of the department; and

(C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33.

(2) No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions.

(c) The department shall: (1) Maintain and administer real property on behalf of each state entity transferred under this chapter if the real property is not under the supervision and control of the board; and (2) Maintain and administer all personal property on behalf of each state entity transferred under this chapter.

(1) Maintain and administer real property on behalf of each state entity transferred under this chapter if the real property is not under the supervision and control of the board; and

(2) Maintain and administer all personal property on behalf of each state entity transferred under this chapter.

(d) The department shall: (1) Assist the board with developing a biennial budget and annual, quarterly, and monthly fiscal plans for the operation of the board and assist the board in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Corrections; (2) Assist the board with complying with the general guidelines, polices, and rules of the department with respect to personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the department; (3) Consult with the board regarding personnel decisions and staffing; and (4) Coordinate the policies promulgated by the board for the administration of personnel and personnel records to assure that all employee records and personnel records of the board conform to the personnel policies and practices of the department.

(1) Assist the board with developing a biennial budget and annual, quarterly, and monthly fiscal plans for the operation of the board and assist the board in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Corrections;

(2) Assist the board with complying with the general guidelines, polices, and rules of the department with respect to personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the department;

(3) Consult with the board regarding personnel decisions and staffing; and

(4) Coordinate the policies promulgated by the board for the administration of personnel and personnel records to assure that all employee records and personnel records of the board conform to the personnel policies and practices of the department.

Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Ark. Code Ann. § 25-10-145 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-145
Surveys conducted by Department of Human Services - Definition
Status: in_force

(a) As used in this section, "survey" means any process by which compliance with federal and state law and rules applicable to a facility or program provider is determined. (b) The Department of Human Services, through the Division of Provider Services and Quality Assurance, is responsible for: (1) Certifying, licensing, and surveying long-term care providers, Medicaid providers, substance abuse providers, and other programs or providers licensed by the department; (2) Conducting quality assurance activities to review outcomes, monitor compliance, and promote workforce development; and (3) Referring issues found by the department to divisions within the department or state agencies as necessary to comply with federal or state laws or rules, including without limitation to address compliance issues found by the department. (c) The scope of a survey or audit conducted by the department under § 20-46-701 et seq. shall be limited to determining whether a facility or program provider is in compliance with the applicable federal and state laws and rules. (d) The department shall promulgate rules necessary for facility or program provider surveys conducted by the department, which shall include without limitation provisions concerning: (1) Conducting entrance and exit conferences; (2) Access to records of a facility or program provider; (3) Corrective action plans; and (4) Timelines for completion of a survey. Added by Act 2021, No. 1017,§ 24, eff. 7/28/2021.

(a) As used in this section, "survey" means any process by which compliance with federal and state law and rules applicable to a facility or program provider is determined.

(b) The Department of Human Services, through the Division of Provider Services and Quality Assurance, is responsible for: (1) Certifying, licensing, and surveying long-term care providers, Medicaid providers, substance abuse providers, and other programs or providers licensed by the department; (2) Conducting quality assurance activities to review outcomes, monitor compliance, and promote workforce development; and (3) Referring issues found by the department to divisions within the department or state agencies as necessary to comply with federal or state laws or rules, including without limitation to address compliance issues found by the department.

(1) Certifying, licensing, and surveying long-term care providers, Medicaid providers, substance abuse providers, and other programs or providers licensed by the department;

(2) Conducting quality assurance activities to review outcomes, monitor compliance, and promote workforce development; and

(3) Referring issues found by the department to divisions within the department or state agencies as necessary to comply with federal or state laws or rules, including without limitation to address compliance issues found by the department.

(c) The scope of a survey or audit conducted by the department under § 20-46-701 et seq. shall be limited to determining whether a facility or program provider is in compliance with the applicable federal and state laws and rules.

(d) The department shall promulgate rules necessary for facility or program provider surveys conducted by the department, which shall include without limitation provisions concerning: (1) Conducting entrance and exit conferences; (2) Access to records of a facility or program provider; (3) Corrective action plans; and (4) Timelines for completion of a survey.

(1) Conducting entrance and exit conferences;

(2) Access to records of a facility or program provider;

(3) Corrective action plans; and

(4) Timelines for completion of a survey.

Added by Act 2021, No. 1017,§ 24, eff. 7/28/2021.
Ark. Code Ann. § 25-16-512 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-512
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1276,§ 4, eff. 8/16/2013. Rev. Stat., ch. 18, §§ 36-39; C. & M. Dig., §§ 4477-4480; Pope's Dig., §§ 5513-5516; A.S.A. 1947, §§ 12-533 -- 12-536.

Repealed by Act 2013, No. 1276,§ 4, eff. 8/16/2013.

Rev. Stat., ch. 18, §§ 36-39; C. & M. Dig., §§ 4477-4480; Pope's Dig., §§ 5513-5516; A.S.A. 1947, §§ 12-533 -- 12-536.
Ark. Code Ann. § 25-15-206 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-206
Rules - Declaratory orders
Status: in_force

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication. Acts 1967, No. 434, § 6; A.S.A. 1947, § 5-706.

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by it. These declaratory orders shall have the same status as agency orders in cases of adjudication.

Acts 1967, No. 434, § 6; A.S.A. 1947, § 5-706.
Ark. Code Ann. § 25-17-204 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-204
Appointment and terms of members generally
Status: in_force

(a) By and with the advice and consent of the Senate, the Governor shall appoint the members of the boards. (b) The term of office for each member shall commence January 15 and shall end on January 14 of the fifth or seventh year, as the number of years the full term may be, following the year in which the term commenced. The terms shall be arranged so that the term of one (1) member of each board shall expire each year. (c) (1) Within twenty (20) days after the convening of the General Assembly in a regular session or a fiscal session, the Governor shall submit to the Senate for confirmation the names of those board members and appointees who are by law required to be confirmed by the Senate. (2) However, the names of appointees to fill vacancies which occur after the first twenty (20) days of the session of the General Assembly, but prior to the adjournment thereof, shall be submitted within five (5) days from the date of each vacancy. (3) In the event of rejection by the Senate of an appointee whose name has been so submitted, the Governor shall submit the name of another appointee to fill the vacancy within ten (10) days after receipt of written notice from the Secretary of the Senate of the rejection. (4) In the event the Governor within the time herein required should fail to appoint or fail to submit to the Senate for confirmation the name of any appointee, then the office shall be vacant, and the Senate shall proceed to fill the vacancy by an appointee of its own choice. (d) Any vacancies arising in the membership of the boards for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the respective boards and shall be thereafter effective until the expiration of the regular terms. (e) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days. If the appointee shall fail to give notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made. Acts 1943, No. 1, §§ 4, 6; 1947, No. 417, § 1; A.S.A. 1947, §§ 6-601, 7-203, 7-205; Acts 2009, No. 962, § 49.

(a) By and with the advice and consent of the Senate, the Governor shall appoint the members of the boards.

(b) The term of office for each member shall commence January 15 and shall end on January 14 of the fifth or seventh year, as the number of years the full term may be, following the year in which the term commenced. The terms shall be arranged so that the term of one (1) member of each board shall expire each year.

(c) (1) Within twenty (20) days after the convening of the General Assembly in a regular session or a fiscal session, the Governor shall submit to the Senate for confirmation the names of those board members and appointees who are by law required to be confirmed by the Senate. (2) However, the names of appointees to fill vacancies which occur after the first twenty (20) days of the session of the General Assembly, but prior to the adjournment thereof, shall be submitted within five (5) days from the date of each vacancy. (3) In the event of rejection by the Senate of an appointee whose name has been so submitted, the Governor shall submit the name of another appointee to fill the vacancy within ten (10) days after receipt of written notice from the Secretary of the Senate of the rejection. (4) In the event the Governor within the time herein required should fail to appoint or fail to submit to the Senate for confirmation the name of any appointee, then the office shall be vacant, and the Senate shall proceed to fill the vacancy by an appointee of its own choice.

(1) Within twenty (20) days after the convening of the General Assembly in a regular session or a fiscal session, the Governor shall submit to the Senate for confirmation the names of those board members and appointees who are by law required to be confirmed by the Senate.

(2) However, the names of appointees to fill vacancies which occur after the first twenty (20) days of the session of the General Assembly, but prior to the adjournment thereof, shall be submitted within five (5) days from the date of each vacancy.

(3) In the event of rejection by the Senate of an appointee whose name has been so submitted, the Governor shall submit the name of another appointee to fill the vacancy within ten (10) days after receipt of written notice from the Secretary of the Senate of the rejection.

(4) In the event the Governor within the time herein required should fail to appoint or fail to submit to the Senate for confirmation the name of any appointee, then the office shall be vacant, and the Senate shall proceed to fill the vacancy by an appointee of its own choice.

(d) Any vacancies arising in the membership of the boards for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the respective boards and shall be thereafter effective until the expiration of the regular terms.

(e) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days. If the appointee shall fail to give notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.

Acts 1943, No. 1, §§ 4, 6; 1947, No. 417, § 1; A.S.A. 1947, §§ 6-601, 7-203, 7-205; Acts 2009, No. 962, § 49.
Ark. Code Ann. § 25-26-206 — AR Code / Title 25 / Chapter 26 / Subchapter 2 / Section 25-26-206
Action for injunction
Status: in_force

(a) A person injured by a violation of this subchapter may maintain an action for injunctive relief to enforce the terms of this subchapter. (b) The limitation period for civil action is as follows: (1) Any such action shall be commenced within four (4) years after the cause of action accrues; and (2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation. Acts 1999, No. 1227, § 6.

(a) A person injured by a violation of this subchapter may maintain an action for injunctive relief to enforce the terms of this subchapter.

(b) The limitation period for civil action is as follows: (1) Any such action shall be commenced within four (4) years after the cause of action accrues; and (2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

(1) Any such action shall be commenced within four (4) years after the cause of action accrues; and

(2) For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

Acts 1999, No. 1227, § 6.
Ark. Code Ann. § 25-15-103 — AR Code / Title 25 / Chapter 15 / Subchapter 1 / Section 25-15-103
Stay of proceedings in which party or attorney is a member or an employee of either branch of the General Assembly
Status: in_force

(a) (1) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all administrative hearings before an agency of this state in which the Lieutenant Governor, or any member of the General Assembly, or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not fewer than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly. (2) The motion for a continuance need not be reduced to writing. (3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought. (b) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed, or reset if scheduled, if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting and if the attorney is a member of the committee which is meeting, or an alternate member attending in the place of a regular member, and the attorney requests the continuance of the court no fewer than three (3) days before the proceeding is to commence. (c) The term "adjournment sine die" as used in this section means adjournment without the establishment of a day certain for reconvening. (d) The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly as well as regular sessions. Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 43.

(a) (1) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all administrative hearings before an agency of this state in which the Lieutenant Governor, or any member of the General Assembly, or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not fewer than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly. (2) The motion for a continuance need not be reduced to writing. (3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought.

(1) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is the Lieutenant Governor, or a member of the Senate or the House of Representatives, or is a clerk or sergeant at arms or a doorkeeper of either branch of the General Assembly, and any and all administrative hearings before an agency of this state in which the Lieutenant Governor, or any member of the General Assembly, or clerk or sergeant at arms or doorkeeper of either branch of the General Assembly is a party, shall be stayed for not fewer than fifteen (15) days preceding the convening of the General Assembly and for thirty (30) days after its adjournment sine die, unless otherwise requested by any interested member of the General Assembly or interested officer or employee of the General Assembly.

(2) The motion for a continuance need not be reduced to writing.

(3) It is not necessary that notice be afforded to opposing counsel that a continuance is sought.

(b) Any and all administrative hearings before an agency of this state in which any attorney for either party to any suit is a member of the Legislative Council, the Legislative Joint Auditing Committee, or any interim committee of the General Assembly shall be stayed, or reset if scheduled, if the proceeding or hearing has been scheduled on the day immediately prior to, the day immediately after, or the day upon which the Legislative Council, Legislative Joint Auditing Committee, or any interim committee is meeting and if the attorney is a member of the committee which is meeting, or an alternate member attending in the place of a regular member, and the attorney requests the continuance of the court no fewer than three (3) days before the proceeding is to commence.

(c) The term "adjournment sine die" as used in this section means adjournment without the establishment of a day certain for reconvening.

(d) The provisions of this section shall be applicable in the case of special or extraordinary sessions of the General Assembly as well as regular sessions.

Acts 1981, No. 312, § 1; A.S.A. 1947, § 27-1401.1; Acts 1997, No. 1354, § 43.
Ark. Code Ann. § 25-15-301 — AR Code / Title 25 / Chapter 15 / Subchapter 3 / Section 25-15-301
[Repealed]
Status: repealed

Repealed by Act 2013, No. 759,§ 5, eff. 8/16/2013. Acts 2007, No. 143, § 1.

Repealed by Act 2013, No. 759,§ 5, eff. 8/16/2013.

Acts 2007, No. 143, § 1.
Ark. Code Ann. § 25-20-517 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-517
Tax-exempt status of property owned and income
Status: in_force

Each public body under this subchapter is performing functions as and is a public instrumentality of the participating public agencies, and all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state. Acts 2009, No. 1371, § 1.

Each public body under this subchapter is performing functions as and is a public instrumentality of the participating public agencies, and all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-43-1501 — AR Code / Title 25 / Chapter 43 / Subchapter 15 / Section 25-43-1501
Department of Transformation and Shared Services
Status: in_force

There is created the Department of Transformation and Shared Services as a cabinet-level department. Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.

There is created the Department of Transformation and Shared Services as a cabinet-level department.

Added by Act 2019, No. 910,§ 6051, eff. 7/1/2019.
Ark. Code Ann. § 25-28-102 — AR Code / Title 25 / Chapter 28 / Section 25-28-102
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 3575, eff. 7/1/2019. Acts 1997, No. 436, § 2.

Repealed by Act 2019, No. 910,§ 3575, eff. 7/1/2019.

Acts 1997, No. 436, § 2.
Ark. Code Ann. § 25-10-203 — AR Code / Title 25 / Chapter 10 / Subchapter 2 / Section 25-10-203
Exemption
Status: in_force

No provision of this subchapter shall apply to any program or service currently operated or administered by the Arkansas School for the Blind or the State Library Board, and this subchapter shall not amend or repeal any statutory provision governing the operation of the School for the Blind or the Arkansas State Library. Acts 1983, No. 481, § 7; A.S.A. 1947, § 5-945.

No provision of this subchapter shall apply to any program or service currently operated or administered by the Arkansas School for the Blind or the State Library Board, and this subchapter shall not amend or repeal any statutory provision governing the operation of the School for the Blind or the Arkansas State Library.

Acts 1983, No. 481, § 7; A.S.A. 1947, § 5-945.
Ark. Code Ann. § 25-43-1605 — AR Code / Title 25 / Chapter 43 / Subchapter 16 / Section 25-43-1605
Veterans service officers
Status: in_force

(a) The Secretary of the Department of Veterans Affairs may employ veterans service officers, full-time or part-time, as may be determined necessary, within the limits of the funds appropriated for that purpose. (b) (1) A veterans service officer shall have served in the United States Armed Forces and shall have been honorably discharged from the United States Armed Forces. (2) All veterans service officers of the Department of Veterans Affairs shall have knowledge of all laws, both federal and state, relating to the rights and benefits of all veterans and their dependents and shall aid and assist all veterans and their dependents in securing their rights and benefits. Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.

(a) The Secretary of the Department of Veterans Affairs may employ veterans service officers, full-time or part-time, as may be determined necessary, within the limits of the funds appropriated for that purpose.

(b) (1) A veterans service officer shall have served in the United States Armed Forces and shall have been honorably discharged from the United States Armed Forces. (2) All veterans service officers of the Department of Veterans Affairs shall have knowledge of all laws, both federal and state, relating to the rights and benefits of all veterans and their dependents and shall aid and assist all veterans and their dependents in securing their rights and benefits.

(1) A veterans service officer shall have served in the United States Armed Forces and shall have been honorably discharged from the United States Armed Forces.

(2) All veterans service officers of the Department of Veterans Affairs shall have knowledge of all laws, both federal and state, relating to the rights and benefits of all veterans and their dependents and shall aid and assist all veterans and their dependents in securing their rights and benefits.

Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.
Ark. Code Ann. § 25-1-115 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-115
Contact information on state agency documents
Status: in_force

(a) The purpose of this section is to require each state agency to include a telephone number for inquiries or comments and, to the extent practicable, the name of a contact person on any communication, form, notice, announcement, publication, or other similar document from the state agency. (b) This section shall not apply to communications, forms, notices, announcements, publications, or other similar documents in existence on August 12, 2005, but shall apply to such documents as they are created, revised, and reordered after August 12, 2005. Acts 2005, No. 2263, § 1.

(a) The purpose of this section is to require each state agency to include a telephone number for inquiries or comments and, to the extent practicable, the name of a contact person on any communication, form, notice, announcement, publication, or other similar document from the state agency.

(b) This section shall not apply to communications, forms, notices, announcements, publications, or other similar documents in existence on August 12, 2005, but shall apply to such documents as they are created, revised, and reordered after August 12, 2005.

Acts 2005, No. 2263, § 1.
Ark. Code Ann. § 25-43-1003 — AR Code / Title 25 / Chapter 43 / Subchapter 10 / Section 25-43-1003
Secretary of Department of Inspector General
Status: in_force

(a) The executive head of the Department of Inspector General shall be the Secretary of the Department of Inspector General. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) The secretary has the authority to direct the department as necessary to conduct and supervise activities to prevent, detect, and investigate fraud and abuse. (g) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. (h) The secretary shall appear at the request of the General Assembly or the Legislative Council to provide information concerning the Tax Appeals Commission or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. Amended by Act 2021, No. 586,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 413,§ 9, eff. 7/28/2021. Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.

(a) The executive head of the Department of Inspector General shall be the Secretary of the Department of Inspector General.

(b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(c) Each division of the department shall be under the direction, control, and supervision of the secretary.

(d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(1) Hire department personnel;

(2) Perform or assign duties assigned to the department; and

(3) Serve as the director or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position.

(f) The secretary has the authority to direct the department as necessary to conduct and supervise activities to prevent, detect, and investigate fraud and abuse.

(g) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(h) The secretary shall appear at the request of the General Assembly or the Legislative Council to provide information concerning the Tax Appeals Commission or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

Amended by Act 2021, No. 586,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 413,§ 9, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.
Ark. Code Ann. § 25-35-108 — AR Code / Title 25 / Chapter 35 / Section 25-35-108
Limits on use of risk management data as evidence
Status: in_force

Notwithstanding any other provision of law, any report, recommendation, survey, schedule, list, or data compiled, or action taken or not taken by or at the request of the risk manager to identify, evaluate, or plan the safety enhancement or risk reduction of any potential accident sites or other hazards related to any entity covered by the Arkansas Multi-Agency Insurance Trust Fund may not be admitted into evidence in any court or used for any other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in the reports, recommendation, survey, schedule, list, or data. Acts 2003, No. 1762, § 1.

Notwithstanding any other provision of law, any report, recommendation, survey, schedule, list, or data compiled, or action taken or not taken by or at the request of the risk manager to identify, evaluate, or plan the safety enhancement or risk reduction of any potential accident sites or other hazards related to any entity covered by the Arkansas Multi-Agency Insurance Trust Fund may not be admitted into evidence in any court or used for any other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in the reports, recommendation, survey, schedule, list, or data.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-38-209 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-209
[Repealed]
Status: repealed

Amended by Act 2015EX1, No. 8,§ 150, eff. 7/1/2015. Repealed by Act 2015EX1, No. 7,§ 150, eff. 7/1/2015. Acts 2007, No. 752, § 1.

Amended by Act 2015EX1, No. 8,§ 150, eff. 7/1/2015.

Repealed by Act 2015EX1, No. 7,§ 150, eff. 7/1/2015.

Acts 2007, No. 752, § 1.
Ark. Code Ann. § 25-3-104 — AR Code / Title 25 / Chapter 3 / Section 25-3-104
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 76, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5704, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 287, eff. 8/1/2017. Acts 1975, No. 1001, § 5; A.S.A. 1947, § 5-925; Acts 2011, No. 896, § 3.

Repealed by Act 2023, No. 365,§ 76, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5704, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 287, eff. 8/1/2017.

Acts 1975, No. 1001, § 5; A.S.A. 1947, § 5-925; Acts 2011, No. 896, § 3.
Ark. Code Ann. § 25-16-709 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-709
Suits against officers indebted to state
Status: in_force

(a) The Attorney General is authorized and empowered, and it is made his or her duty, to institute and prosecute all suits in behalf of the state against all officers of the state who are indebted to the state by reason of any moneys collected or received and not accounted for according to law. (b) Suits against these officers may be brought in any county of this state, at the option of the Attorney General, except in cases wherein the prosecuting attorneys of the different judicial districts are expressly authorized by law to bring suit. (c) Whenever it shall become necessary to institute legal proceedings on the part of the state against defaulting or delinquent state officers, the Governor shall have the power to employ such competent attorneys at law as he or she may deem proper to assist the Attorney General in the proceedings and to pay a reasonable fee for the services rendered by them. (d) Whenever under the provisions of this section the Attorney General shall fail to bring suit against any officer in default or to investigate the books and accounts of any officer when there are reasonable grounds for believing that he or she is a defaulter, the Governor may employ some competent attorney to prosecute the action. The attorney shall be allowed a reasonable fee. Acts 1883, No. 45, §§ 1, 2, p. 68; 1883, No. 85, § 1, p. 154; C. & M. Dig., §§ 4529-4531; Pope's Dig., §§ 5586-5588; A.S.A. 1947, §§ 12-715 -- 12-717.

(a) The Attorney General is authorized and empowered, and it is made his or her duty, to institute and prosecute all suits in behalf of the state against all officers of the state who are indebted to the state by reason of any moneys collected or received and not accounted for according to law.

(b) Suits against these officers may be brought in any county of this state, at the option of the Attorney General, except in cases wherein the prosecuting attorneys of the different judicial districts are expressly authorized by law to bring suit.

(c) Whenever it shall become necessary to institute legal proceedings on the part of the state against defaulting or delinquent state officers, the Governor shall have the power to employ such competent attorneys at law as he or she may deem proper to assist the Attorney General in the proceedings and to pay a reasonable fee for the services rendered by them.

(d) Whenever under the provisions of this section the Attorney General shall fail to bring suit against any officer in default or to investigate the books and accounts of any officer when there are reasonable grounds for believing that he or she is a defaulter, the Governor may employ some competent attorney to prosecute the action. The attorney shall be allowed a reasonable fee.

Acts 1883, No. 45, §§ 1, 2, p. 68; 1883, No. 85, § 1, p. 154; C. & M. Dig., §§ 4529-4531; Pope's Dig., §§ 5586-5588; A.S.A. 1947, §§ 12-715 -- 12-717.
Ark. Code Ann. § 25-19-109 — AR Code / Title 25 / Chapter 19 / Section 25-19-109
Special requests for electronic information
Status: in_force

(a) (1) At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible. (2) Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the data as requested. (b) (1) If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19-105(d)(3) . (2) The charge for personnel time shall not exceed the salary of the lowest paid employee or contractor who, in the discretion of the custodian, has the necessary skill and training to respond to the request. (c) The custodian shall provide an itemized breakdown of charges under subsection (b) of this section. Acts 2001, No. 1653, § 4.

(a) (1) At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible. (2) Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the data as requested.

(1) At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible.

(2) Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the data as requested.

(b) (1) If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19-105(d)(3) . (2) The charge for personnel time shall not exceed the salary of the lowest paid employee or contractor who, in the discretion of the custodian, has the necessary skill and training to respond to the request.

(1) If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19-105(d)(3) .

(2) The charge for personnel time shall not exceed the salary of the lowest paid employee or contractor who, in the discretion of the custodian, has the necessary skill and training to respond to the request.

(c) The custodian shall provide an itemized breakdown of charges under subsection (b) of this section.

Acts 2001, No. 1653, § 4.
Ark. Code Ann. § 25-43-804 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-804
Director
Status: in_force

(a) The Secretary of the Department of Health may employ a Director of the Department of Health. (b) The secretary may delegate his or her functions, powers, and duties to the director or to other various units or personnel of the Department of Health as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (c) (1) All other personnel of the department shall be employed by and shall serve at the pleasure of the secretary. (2) However, this section does not reduce any right that an employee of the department has under any civil service or merit system. (d) Each unit of the department shall be under the direction, control, and supervision of the secretary. Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The Secretary of the Department of Health may employ a Director of the Department of Health.

(b) The secretary may delegate his or her functions, powers, and duties to the director or to other various units or personnel of the Department of Health as he or she shall deem desirable and necessary for the effective and efficient operation of the department.

(c) (1) All other personnel of the department shall be employed by and shall serve at the pleasure of the secretary. (2) However, this section does not reduce any right that an employee of the department has under any civil service or merit system.

(1) All other personnel of the department shall be employed by and shall serve at the pleasure of the secretary.

(2) However, this section does not reduce any right that an employee of the department has under any civil service or merit system.

(d) Each unit of the department shall be under the direction, control, and supervision of the secretary.

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-15-701 — AR Code / Title 25 / Chapter 15 / Subchapter 7 / Section 25-15-701
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 1076,§ 2, eff. 9/1/2021.
Ark. Code Ann. § 25-21-106 — AR Code / Title 25 / Chapter 21 / Section 25-21-106
Title
Status: in_force

This chapter may be cited as the "Uniform Law to Oppose Federal Encroachments". Acts 1943, No. 166, § 6; A.S.A. 1947, § 5-406.

This chapter may be cited as the "Uniform Law to Oppose Federal Encroachments".

Acts 1943, No. 166, § 6; A.S.A. 1947, § 5-406.
Ark. Code Ann. § 25-20-404 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-404
Powers and duties of board of commissioners
Status: in_force

(a) All powers of an authority created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the authority managed under the direction of, its board of commissioners, subject to any limitation set forth in the authority's interlocal agreement. (b) The duties of the board shall be stated in the interlocal agreement and may include, but shall not be limited to: (1) Appointing a chief executive officer who shall not be a member of the board and setting compensation and other terms of employment for the chief executive officer; (2) Approving all budgets of the authority; (3) Adopting such rules and bylaws as the board may deem necessary and expedient for the proper ownership and operation of its electric projects. The rules and bylaws may be altered, changed, or amended at the board's discretion; and (4) Performing other duties as set forth in the interlocal agreement. Amended by Act 2019, No. 315,§ 2930, eff. 7/24/2019. Acts 2003, No. 366, § 1.

(a) All powers of an authority created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the authority managed under the direction of, its board of commissioners, subject to any limitation set forth in the authority's interlocal agreement.

(b) The duties of the board shall be stated in the interlocal agreement and may include, but shall not be limited to: (1) Appointing a chief executive officer who shall not be a member of the board and setting compensation and other terms of employment for the chief executive officer; (2) Approving all budgets of the authority; (3) Adopting such rules and bylaws as the board may deem necessary and expedient for the proper ownership and operation of its electric projects. The rules and bylaws may be altered, changed, or amended at the board's discretion; and (4) Performing other duties as set forth in the interlocal agreement.

(1) Appointing a chief executive officer who shall not be a member of the board and setting compensation and other terms of employment for the chief executive officer;

(2) Approving all budgets of the authority;

(3) Adopting such rules and bylaws as the board may deem necessary and expedient for the proper ownership and operation of its electric projects. The rules and bylaws may be altered, changed, or amended at the board's discretion; and

(4) Performing other duties as set forth in the interlocal agreement.

Amended by Act 2019, No. 315,§ 2930, eff. 7/24/2019.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-1-302 — AR Code / Title 25 / Chapter 1 / Subchapter 3 / Section 25-1-302
Members of specified executive branch boards and commissions not to be members of the General Assembly
Status: in_force

(a) As soon as possible after April 13, 1999, the appointing authorities shall replace members of the General Assembly serving on executive branch boards and commissions identified below with persons who are not members of the General Assembly: (1) Arkansas Alcohol and Drug Abuse Coordinating Council, § 20-64-1002 ; (2) Arkansas Alternative Dispute Resolution Commission, § 16-7-102 ; (3) Capitol Arts and Grounds Commission, § 22-3-502 ; (4) Arkansas Child Abuse/Rape/Domestic Violence Commission, § 20-82-201 ; (5) Supervisory Board for the Arkansas Crime Information Center, § 12-12-202 ; (6) Arkansas Early Childhood Commission, § 20-78-501 ; (7) State Interagency Council, § 20-14-508 ; (8) [Repealed.] (9) Trauma Advisory Council, § 20-13-807 ; (10) Martin Luther King, Jr. Commission, § 25-24-101 ; (11) Mansion Advisory Council, § 22-3-806 ; (12) Arkansas Minority Health Commission, § 20-2-102 ; (13) Arkansas Natural and Cultural Resources Council, § 15-12-101 ; (14) Arkansas Natural Heritage Commission, § 15-20-304 ; (15) Arkansas Pygmalion Commission on Nontraditional Education, uncodified Acts 1993, No. 1288, as amended [abolished]; (16) Arkansas Rural Development Commission, § 15-6-104 ; (17) Public School Motor Vehicle Insurance Program Advisory Committee, § 6-21-711 [repealed]; (18) Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, § 15-3-104 ; (19) Arkansas Sentencing Commission, § 16-90-802 ; (20) [Repealed.] (21) [Repealed.] (22) Temporary Assistance for Needy Families Oversight Board, § 20-76-105 [repealed]; (23) Arkansas Public Transportation Coordination Council, § 27-3-103 ; (24) [Repealed.] (25) Workers' Compensation Commission, § 11-9-201 ; and (26) Career Education and Workforce Development Board, § 25-30-101 . (b) Hereafter, and not withstanding any law to the contrary, no member of the General Assembly shall be appointed to any executive branch board or commission identified in subsection (a) of this section. The President Pro Tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Attorney General, shall make a determination concerning any other board or commission having legislative members. If the President Pro Tempore of the Senate and the Speaker of the House of Representatives determine that legislative service on the board or commission would violate the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), they shall notify the appointing authority, who shall appoint a person who is not a member of the General Assembly as a replacement for the legislative member. Amended by Act 2021, No. 1004,§ 26, eff. 4/28/2021. Amended by Act 2019, No. 392,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 776,§ 4, eff. 1/1/2018. Amended by Act 2017, No. 1006,§ 3, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 83, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 83, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 114, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 59, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 114, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 59, eff. 7/1/2015. Acts 1999, No. 1414, § 2; 2001, No. 783, §§ 4, 5; 2003, No. 1473, § 63; 2007, No. 827, § 193; 2009, No. 1484, § 9.

(a) As soon as possible after April 13, 1999, the appointing authorities shall replace members of the General Assembly serving on executive branch boards and commissions identified below with persons who are not members of the General Assembly: (1) Arkansas Alcohol and Drug Abuse Coordinating Council, § 20-64-1002 ; (2) Arkansas Alternative Dispute Resolution Commission, § 16-7-102 ; (3) Capitol Arts and Grounds Commission, § 22-3-502 ; (4) Arkansas Child Abuse/Rape/Domestic Violence Commission, § 20-82-201 ; (5) Supervisory Board for the Arkansas Crime Information Center, § 12-12-202 ; (6) Arkansas Early Childhood Commission, § 20-78-501 ; (7) State Interagency Council, § 20-14-508 ; (8) [Repealed.] (9) Trauma Advisory Council, § 20-13-807 ; (10) Martin Luther King, Jr. Commission, § 25-24-101 ; (11) Mansion Advisory Council, § 22-3-806 ; (12) Arkansas Minority Health Commission, § 20-2-102 ; (13) Arkansas Natural and Cultural Resources Council, § 15-12-101 ; (14) Arkansas Natural Heritage Commission, § 15-20-304 ; (15) Arkansas Pygmalion Commission on Nontraditional Education, uncodified Acts 1993, No. 1288, as amended [abolished]; (16) Arkansas Rural Development Commission, § 15-6-104 ; (17) Public School Motor Vehicle Insurance Program Advisory Committee, § 6-21-711 [repealed]; (18) Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, § 15-3-104 ; (19) Arkansas Sentencing Commission, § 16-90-802 ; (20) [Repealed.] (21) [Repealed.] (22) Temporary Assistance for Needy Families Oversight Board, § 20-76-105 [repealed]; (23) Arkansas Public Transportation Coordination Council, § 27-3-103 ; (24) [Repealed.] (25) Workers' Compensation Commission, § 11-9-201 ; and (26) Career Education and Workforce Development Board, § 25-30-101 .

(1) Arkansas Alcohol and Drug Abuse Coordinating Council, § 20-64-1002 ;

(2) Arkansas Alternative Dispute Resolution Commission, § 16-7-102 ;

(3) Capitol Arts and Grounds Commission, § 22-3-502 ;

(4) Arkansas Child Abuse/Rape/Domestic Violence Commission, § 20-82-201 ;

(5) Supervisory Board for the Arkansas Crime Information Center, § 12-12-202 ;

(6) Arkansas Early Childhood Commission, § 20-78-501 ;

(7) State Interagency Council, § 20-14-508 ;

(8) [Repealed.]

(9) Trauma Advisory Council, § 20-13-807 ;

(10) Martin Luther King, Jr. Commission, § 25-24-101 ;

(11) Mansion Advisory Council, § 22-3-806 ;

(12) Arkansas Minority Health Commission, § 20-2-102 ;

(13) Arkansas Natural and Cultural Resources Council, § 15-12-101 ;

(14) Arkansas Natural Heritage Commission, § 15-20-304 ;

(15) Arkansas Pygmalion Commission on Nontraditional Education, uncodified Acts 1993, No. 1288, as amended [abolished];

(16) Arkansas Rural Development Commission, § 15-6-104 ;

(17) Public School Motor Vehicle Insurance Program Advisory Committee, § 6-21-711 [repealed];

(18) Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, § 15-3-104 ;

(19) Arkansas Sentencing Commission, § 16-90-802 ;

(20) [Repealed.]

(21) [Repealed.]

(22) Temporary Assistance for Needy Families Oversight Board, § 20-76-105 [repealed];

(23) Arkansas Public Transportation Coordination Council, § 27-3-103 ;

(24) [Repealed.]

(25) Workers' Compensation Commission, § 11-9-201 ; and

(26) Career Education and Workforce Development Board, § 25-30-101 .

(b) Hereafter, and not withstanding any law to the contrary, no member of the General Assembly shall be appointed to any executive branch board or commission identified in subsection (a) of this section. The President Pro Tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Attorney General, shall make a determination concerning any other board or commission having legislative members. If the President Pro Tempore of the Senate and the Speaker of the House of Representatives determine that legislative service on the board or commission would violate the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), they shall notify the appointing authority, who shall appoint a person who is not a member of the General Assembly as a replacement for the legislative member.

Amended by Act 2021, No. 1004,§ 26, eff. 4/28/2021.

Amended by Act 2019, No. 392,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 776,§ 4, eff. 1/1/2018.

Amended by Act 2017, No. 1006,§ 3, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 83, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 83, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 114, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 59, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 114, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 59, eff. 7/1/2015.

Acts 1999, No. 1414, § 2; 2001, No. 783, §§ 4, 5; 2003, No. 1473, § 63; 2007, No. 827, § 193; 2009, No. 1484, § 9.
Ark. Code Ann. § 25-20-423 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-423
Termination or dissolution
Status: in_force

The governing bodies of the municipal electric utility forming an authority shall include in their interlocal agreement a provision allowing for: (1) The termination or dissolution of the authority; (2) The winding up of the authority's affairs; and (3) Appropriate disposal or distribution of the authority's property. Acts 2003, No. 366, § 1.

The governing bodies of the municipal electric utility forming an authority shall include in their interlocal agreement a provision allowing for:

(1) The termination or dissolution of the authority;

(2) The winding up of the authority's affairs; and

(3) Appropriate disposal or distribution of the authority's property.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-1-301 — AR Code / Title 25 / Chapter 1 / Subchapter 3 / Section 25-1-301
Legislative intent
Status: in_force

In recognition of the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), it is the intent of this subchapter to replace all legislator members of executive branch boards and commissions with appointees who are not members of the Senate or House of Representatives. Acts 1999, No. 1414, § 1.

In recognition of the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), it is the intent of this subchapter to replace all legislator members of executive branch boards and commissions with appointees who are not members of the Senate or House of Representatives.

Acts 1999, No. 1414, § 1.
Ark. Code Ann. § 25-43-403 — AR Code / Title 25 / Chapter 43 / Subchapter 4 / Section 25-43-403
Secretary of the Department of Corrections
Status: in_force

(a) The executive head of the Department of Corrections shall be the Secretary of the Department of Corrections. (b) (1) The Governor shall nominate to the Board of Corrections a candidate for secretary, subject to confirmation by the Senate. (2) (A) The Board of Corrections shall appoint the secretary who shall serve at the pleasure of the Governor. (B) The board is not required to appoint the nominee under subdivision (b)(1) of this section. (c) The secretary may perform all duties to administer the department, subject to Arkansas Constitution, Amendment 33, including without limitation: (1) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (A) Statutory duties; or (B) Rules, orders, or directives promulgated or issued by the state entities transferred to or established within the department; (2) Hire department personnel; (3) Perform or assign duties assigned to the department or to the employees of the department; and (4) (A) Ensure compliance with the balanced correctional plan developed under § 16-90-802(d)(4) by reviewing the strategic plans of the state entities transferred to or established within the department. (B) Review by the secretary under subdivision (c)(4)(A) of this section shall be conducted before the review and approval of the authority of a state entity that is required to develop a strategic plan. (d) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2023, No. 659,§ 248, eff. 1/1/2024. Amended by Act 2023, No. 185,§ 1, eff. 3/2/2023. Amended by Act 2021, No. 413,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 152,§ 6, eff. 7/28/2021. Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.

(a) The executive head of the Department of Corrections shall be the Secretary of the Department of Corrections.

(b) (1) The Governor shall nominate to the Board of Corrections a candidate for secretary, subject to confirmation by the Senate. (2) (A) The Board of Corrections shall appoint the secretary who shall serve at the pleasure of the Governor. (B) The board is not required to appoint the nominee under subdivision (b)(1) of this section.

(1) The Governor shall nominate to the Board of Corrections a candidate for secretary, subject to confirmation by the Senate.

(2) (A) The Board of Corrections shall appoint the secretary who shall serve at the pleasure of the Governor. (B) The board is not required to appoint the nominee under subdivision (b)(1) of this section.

(A) The Board of Corrections shall appoint the secretary who shall serve at the pleasure of the Governor.

(B) The board is not required to appoint the nominee under subdivision (b)(1) of this section.

(c) The secretary may perform all duties to administer the department, subject to Arkansas Constitution, Amendment 33, including without limitation: (1) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (A) Statutory duties; or (B) Rules, orders, or directives promulgated or issued by the state entities transferred to or established within the department; (2) Hire department personnel; (3) Perform or assign duties assigned to the department or to the employees of the department; and (4) (A) Ensure compliance with the balanced correctional plan developed under § 16-90-802(d)(4) by reviewing the strategic plans of the state entities transferred to or established within the department. (B) Review by the secretary under subdivision (c)(4)(A) of this section shall be conducted before the review and approval of the authority of a state entity that is required to develop a strategic plan.

(1) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (A) Statutory duties; or (B) Rules, orders, or directives promulgated or issued by the state entities transferred to or established within the department;

(A) Statutory duties; or

(B) Rules, orders, or directives promulgated or issued by the state entities transferred to or established within the department;

(2) Hire department personnel;

(3) Perform or assign duties assigned to the department or to the employees of the department; and

(4) (A) Ensure compliance with the balanced correctional plan developed under § 16-90-802(d)(4) by reviewing the strategic plans of the state entities transferred to or established within the department. (B) Review by the secretary under subdivision (c)(4)(A) of this section shall be conducted before the review and approval of the authority of a state entity that is required to develop a strategic plan.

(A) Ensure compliance with the balanced correctional plan developed under § 16-90-802(d)(4) by reviewing the strategic plans of the state entities transferred to or established within the department.

(B) Review by the secretary under subdivision (c)(4)(A) of this section shall be conducted before the review and approval of the authority of a state entity that is required to develop a strategic plan.

(d) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

(1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department.

(2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.

Amended by Act 2023, No. 659,§ 248, eff. 1/1/2024.

Amended by Act 2023, No. 185,§ 1, eff. 3/2/2023.

Amended by Act 2021, No. 413,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 152,§ 6, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Ark. Code Ann. § 25-16-509 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-509
Certification of payments
Status: in_force

Whenever any person indebted to the state, on any account whatever, shall present to the Auditor of State the Treasurer of State's receipt for the full payment of the amount due, it shall be the duty of the Auditor of State to furnish that person with a certificate, under the Auditor of State's hand and official seal, of the person having made full payment of all demands against him or her in favor of the state. Rev. Stat., ch. 18, § 25; C. & M. Dig., § 4465; Pope's Dig., § 5500; A.S.A. 1947, § 12-520.

Whenever any person indebted to the state, on any account whatever, shall present to the Auditor of State the Treasurer of State's receipt for the full payment of the amount due, it shall be the duty of the Auditor of State to furnish that person with a certificate, under the Auditor of State's hand and official seal, of the person having made full payment of all demands against him or her in favor of the state.

Rev. Stat., ch. 18, § 25; C. & M. Dig., § 4465; Pope's Dig., § 5500; A.S.A. 1947, § 12-520.
Ark. Code Ann. § 25-38-205 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-205
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1060,§ 19, eff. 4/4/2015. Acts 2005, No. 1978, § 2.

Repealed by Act 2015, No. 1060,§ 19, eff. 4/4/2015.

Acts 2005, No. 1978, § 2.
Ark. Code Ann. § 25-24-102 — AR Code / Title 25 / Chapter 24 / Section 25-24-102
Duties
Status: in_force

The Martin Luther King, Jr. Commission shall have the following duties: (1) To promote racial harmony, understanding, respect, and goodwill among all citizens; (2) To promote principles of nonviolence, peace, and social justice; (3) To promote among the people of Arkansas, by appropriate activities, both awareness and appreciation of the civil rights movement and advocacy of the principles and legacy of Martin Luther King, Jr.; (4) To develop, coordinate, and advise the Governor and the General Assembly of appropriate ceremonies and activities throughout the state relating to the observance of Martin Luther King, Jr.'s birthday, including without limitation providing advice and assistance to local governments and private organizations with respect to the observance of Martin Luther King, Jr.'s birthday; (5) To receive donations and contributions from individuals and public and private organizations in order to carry out its responsibilities; and (6) [Repealed.] (7) To enable the people of Arkansas to reflect on the life and teachings of Martin Luther King, Jr. through educational endeavors, cultural performances, exhibitions, and events that are multiethnic and family oriented. Amended by Act 2023, No. 365,§ 78, eff. 7/1/2023. Acts 1993, No. 1216, § 2; 2009, No. 309, § 2.

The Martin Luther King, Jr. Commission shall have the following duties:

(1) To promote racial harmony, understanding, respect, and goodwill among all citizens;

(2) To promote principles of nonviolence, peace, and social justice;

(3) To promote among the people of Arkansas, by appropriate activities, both awareness and appreciation of the civil rights movement and advocacy of the principles and legacy of Martin Luther King, Jr.;

(4) To develop, coordinate, and advise the Governor and the General Assembly of appropriate ceremonies and activities throughout the state relating to the observance of Martin Luther King, Jr.'s birthday, including without limitation providing advice and assistance to local governments and private organizations with respect to the observance of Martin Luther King, Jr.'s birthday;

(5) To receive donations and contributions from individuals and public and private organizations in order to carry out its responsibilities; and

(6) [Repealed.]

(7) To enable the people of Arkansas to reflect on the life and teachings of Martin Luther King, Jr. through educational endeavors, cultural performances, exhibitions, and events that are multiethnic and family oriented.

Amended by Act 2023, No. 365,§ 78, eff. 7/1/2023.

Acts 1993, No. 1216, § 2; 2009, No. 309, § 2.
Ark. Code Ann. § 25-1-116 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-116
State agency personal computer policy
Status: in_force

(a) As used in this section, "state agency" means any department, agency, board, commission, office, or other authority of the state. (b) The chief administrative officer of each state agency shall promulgate a policy that prohibits the integration of hardware, software, or peripherals owned by an authorized user with a state agency's network or workstation without the approval of the state agency's chief administrative officer or his or her designee. Acts 2007, No. 339, § 1.

(a) As used in this section, "state agency" means any department, agency, board, commission, office, or other authority of the state.

(b) The chief administrative officer of each state agency shall promulgate a policy that prohibits the integration of hardware, software, or peripherals owned by an authorized user with a state agency's network or workstation without the approval of the state agency's chief administrative officer or his or her designee.

Acts 2007, No. 339, § 1.
Ark. Code Ann. § 25-43-1305 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1305
Tourism Division
Status: in_force

(a) There is created a Tourism Division within the Department of Parks, Heritage, and Tourism. (b) The Secretary of the Department of Parks, Heritage, and Tourism may delegate any duties and responsibilities to the division. (c) The secretary may employ a Director of the Tourism Division. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

(a) There is created a Tourism Division within the Department of Parks, Heritage, and Tourism.

(b) The Secretary of the Department of Parks, Heritage, and Tourism may delegate any duties and responsibilities to the division.

(c) The secretary may employ a Director of the Tourism Division.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-32-111 — AR Code / Title 25 / Chapter 32 / Section 25-32-111
Notarization and acknowledgment
Status: in_force

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Acts 2001, No. 905, § 11.

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

Acts 2001, No. 905, § 11.
Ark. Code Ann. § 25-16-602 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-602
Seal
Status: in_force

The Treasurer of State shall keep a seal of office which shall be used to authenticate all writings, papers, and documents required by law to be certified from his or her office. Rev. Stat., ch. 18, § 6; C. & M. Dig., § 4483; Pope's Dig., § 5519; A.S.A. 1947, § 12-604.

The Treasurer of State shall keep a seal of office which shall be used to authenticate all writings, papers, and documents required by law to be certified from his or her office.

Rev. Stat., ch. 18, § 6; C. & M. Dig., § 4483; Pope's Dig., § 5519; A.S.A. 1947, § 12-604.
Ark. Code Ann. § 25-36-102 — AR Code / Title 25 / Chapter 36 / Section 25-36-102
Definitions
Status: in_force

For the purposes of this chapter: (1) "Minority" means the same as in § 1-2-503 ; and (2) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, institution of higher learning, or instrumentality of this state. Acts 2003, No. 1814, § 1.

For the purposes of this chapter:

(1) "Minority" means the same as in § 1-2-503 ; and

(2) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency, institution of higher learning, or instrumentality of this state.

Acts 2003, No. 1814, § 1.
Ark. Code Ann. § 25-16-1107 — AR Code / Title 25 / Chapter 16 / Subchapter 11 / Section 25-16-1107
Effect of expungement
Status: in_force

An expunged record shall not serve as the basis for forfeiture of office or disqualification from office under this subchapter. Acts 2009, No. 679, § 1.

An expunged record shall not serve as the basis for forfeiture of office or disqualification from office under this subchapter.

Acts 2009, No. 679, § 1.
Ark. Code Ann. § 25-31-104 — AR Code / Title 25 / Chapter 31 / Section 25-31-104
Agreement to electronic record or signature
Status: in_force

(a) Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is: (1) Executed or adopted with an electronic signature; and (2) Witnessed or notarized using an electronic signature, when that acceptance or agreement is otherwise required to be witnessed or notarized. (b) When a person or other entity accepts or agrees to be bound by an electronic record as provided in this section, then any rule of law which requires: (1) A record of that type to be in writing, shall be deemed satisfied; (2) A signature, shall be deemed satisfied; and (3) A witness or notary, shall be deemed satisfied by the electronic signature of the witness or notary. Acts 1999, No. 718, § 4.

(a) Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is: (1) Executed or adopted with an electronic signature; and (2) Witnessed or notarized using an electronic signature, when that acceptance or agreement is otherwise required to be witnessed or notarized.

(1) Executed or adopted with an electronic signature; and

(2) Witnessed or notarized using an electronic signature, when that acceptance or agreement is otherwise required to be witnessed or notarized.

(b) When a person or other entity accepts or agrees to be bound by an electronic record as provided in this section, then any rule of law which requires: (1) A record of that type to be in writing, shall be deemed satisfied; (2) A signature, shall be deemed satisfied; and (3) A witness or notary, shall be deemed satisfied by the electronic signature of the witness or notary.

(1) A record of that type to be in writing, shall be deemed satisfied;

(2) A signature, shall be deemed satisfied; and

(3) A witness or notary, shall be deemed satisfied by the electronic signature of the witness or notary.

Acts 1999, No. 718, § 4.
Ark. Code Ann. § 25-19-111 — AR Code / Title 25 / Chapter 19 / Section 25-19-111
Arkansas Freedom of Information Task Force
Status: in_force

(a) (1) There is created the Arkansas Freedom of Information Task Force for the purpose of reviewing, evaluating, and approving proposed amendments to this chapter. (2) No later than the first day of November in each even-numbered year preceding a regular legislative session, the task force shall: (A) Complete a study of proposed exemptions from or additions to this chapter; and (B) Report to the General Assembly its recommendations concerning proposed exemptions from or additions to this chapter. (b) (1) The task force shall consist of nine (9) members as follows: (A) One (1) member appointed by the Governor; (B) One (1) member appointed by the President Pro Tempore of the Senate; (C) One (1) member appointed by the Speaker of the House of Representatives; (D) One (1) member appointed by the Arkansas Press Association, Inc.; (E) One (1) member appointed by the Arkansas Freedom of Information Coalition; (F) One (1) member appointed by the Arkansas Pro Chapter of the Society of Professional Journalists; (G) One (1) member appointed by the Arkansas Broadcasters Association; (H) One (1) member appointed by the Association of Arkansas Counties; and (I) One (1) member appointed by the Arkansas Municipal League. (2) (A) Each member of the task force shall serve a term of four (4) years. (B) A member of the task force shall not serve more than two (2) terms. (3) A vacancy on the task force shall be filled in the manner of the original appointment. (4) The task force shall elect from its membership: (A) A chair; and (B) Other officers deemed necessary by the task force. (c) (1) Five (5) members of the task force shall constitute a quorum for the purpose of transacting business. (2) A majority vote of the total membership of the task force is required for any action of the task force. (d) The members of the task force shall meet at their own expense and shall not be entitled to reimbursement for mileage or per diem. (e) (1) The initial members of the task force shall be appointed within thirty (30) days of August 1, 2017. (2) (A) The President Pro Tempore of the Senate shall call the first meeting of the task force, which shall occur within sixty (60) days of August 1, 2017. (B) The task force shall begin its review under subdivision (a)(2) of this section within thirty (30) days of the call of the first meeting. Added by Act 2017, No. 923,§ 1, eff. 8/1/2017.

(a) (1) There is created the Arkansas Freedom of Information Task Force for the purpose of reviewing, evaluating, and approving proposed amendments to this chapter. (2) No later than the first day of November in each even-numbered year preceding a regular legislative session, the task force shall: (A) Complete a study of proposed exemptions from or additions to this chapter; and (B) Report to the General Assembly its recommendations concerning proposed exemptions from or additions to this chapter.

(1) There is created the Arkansas Freedom of Information Task Force for the purpose of reviewing, evaluating, and approving proposed amendments to this chapter.

(2) No later than the first day of November in each even-numbered year preceding a regular legislative session, the task force shall: (A) Complete a study of proposed exemptions from or additions to this chapter; and (B) Report to the General Assembly its recommendations concerning proposed exemptions from or additions to this chapter.

(A) Complete a study of proposed exemptions from or additions to this chapter; and

(B) Report to the General Assembly its recommendations concerning proposed exemptions from or additions to this chapter.

(b) (1) The task force shall consist of nine (9) members as follows: (A) One (1) member appointed by the Governor; (B) One (1) member appointed by the President Pro Tempore of the Senate; (C) One (1) member appointed by the Speaker of the House of Representatives; (D) One (1) member appointed by the Arkansas Press Association, Inc.; (E) One (1) member appointed by the Arkansas Freedom of Information Coalition; (F) One (1) member appointed by the Arkansas Pro Chapter of the Society of Professional Journalists; (G) One (1) member appointed by the Arkansas Broadcasters Association; (H) One (1) member appointed by the Association of Arkansas Counties; and (I) One (1) member appointed by the Arkansas Municipal League. (2) (A) Each member of the task force shall serve a term of four (4) years. (B) A member of the task force shall not serve more than two (2) terms. (3) A vacancy on the task force shall be filled in the manner of the original appointment. (4) The task force shall elect from its membership: (A) A chair; and (B) Other officers deemed necessary by the task force.

(1) The task force shall consist of nine (9) members as follows: (A) One (1) member appointed by the Governor; (B) One (1) member appointed by the President Pro Tempore of the Senate; (C) One (1) member appointed by the Speaker of the House of Representatives; (D) One (1) member appointed by the Arkansas Press Association, Inc.; (E) One (1) member appointed by the Arkansas Freedom of Information Coalition; (F) One (1) member appointed by the Arkansas Pro Chapter of the Society of Professional Journalists; (G) One (1) member appointed by the Arkansas Broadcasters Association; (H) One (1) member appointed by the Association of Arkansas Counties; and (I) One (1) member appointed by the Arkansas Municipal League.

(A) One (1) member appointed by the Governor;

(B) One (1) member appointed by the President Pro Tempore of the Senate;

(C) One (1) member appointed by the Speaker of the House of Representatives;

(D) One (1) member appointed by the Arkansas Press Association, Inc.;

(E) One (1) member appointed by the Arkansas Freedom of Information Coalition;

(F) One (1) member appointed by the Arkansas Pro Chapter of the Society of Professional Journalists;

(G) One (1) member appointed by the Arkansas Broadcasters Association;

(H) One (1) member appointed by the Association of Arkansas Counties; and

(I) One (1) member appointed by the Arkansas Municipal League.

(2) (A) Each member of the task force shall serve a term of four (4) years. (B) A member of the task force shall not serve more than two (2) terms.

(A) Each member of the task force shall serve a term of four (4) years.

(B) A member of the task force shall not serve more than two (2) terms.

(3) A vacancy on the task force shall be filled in the manner of the original appointment.

(4) The task force shall elect from its membership: (A) A chair; and (B) Other officers deemed necessary by the task force.

(A) A chair; and

(B) Other officers deemed necessary by the task force.

(c) (1) Five (5) members of the task force shall constitute a quorum for the purpose of transacting business. (2) A majority vote of the total membership of the task force is required for any action of the task force.

(1) Five (5) members of the task force shall constitute a quorum for the purpose of transacting business.

(2) A majority vote of the total membership of the task force is required for any action of the task force.

(d) The members of the task force shall meet at their own expense and shall not be entitled to reimbursement for mileage or per diem.

(e) (1) The initial members of the task force shall be appointed within thirty (30) days of August 1, 2017. (2) (A) The President Pro Tempore of the Senate shall call the first meeting of the task force, which shall occur within sixty (60) days of August 1, 2017. (B) The task force shall begin its review under subdivision (a)(2) of this section within thirty (30) days of the call of the first meeting.

(1) The initial members of the task force shall be appointed within thirty (30) days of August 1, 2017.

(2) (A) The President Pro Tempore of the Senate shall call the first meeting of the task force, which shall occur within sixty (60) days of August 1, 2017. (B) The task force shall begin its review under subdivision (a)(2) of this section within thirty (30) days of the call of the first meeting.

(A) The President Pro Tempore of the Senate shall call the first meeting of the task force, which shall occur within sixty (60) days of August 1, 2017.

(B) The task force shall begin its review under subdivision (a)(2) of this section within thirty (30) days of the call of the first meeting.

Added by Act 2017, No. 923,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-10-149 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-149
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - State and federal funds
Status: in_force

(a) The Secretary of the Department of Human Services may use state funds to match federal funds available under Title III and Title V of the Older Americans Act, 42 U.S.C. § 3001 et seq., as they existed on January 1, 2023, the Social Services Block Grant, or other federal funds that become available. (b) All appropriations for state and federal funding for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services that are distributed under grant or contract methodologies may be disbursed by the Department of Human Services in the same manner as authorized under federal regulations for the disbursement of funds under Title III of the Older Americans Act, 42 U.S.C. § 3001 et seq., as they existed on January 1, 2023. (c) If federal funding is available for the division during a fiscal year, the federal funding shall be used to conserve or reduce the expenditure of general revenue except when prohibited by law. Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.

(a) The Secretary of the Department of Human Services may use state funds to match federal funds available under Title III and Title V of the Older Americans Act, 42 U.S.C. § 3001 et seq., as they existed on January 1, 2023, the Social Services Block Grant, or other federal funds that become available.

(b) All appropriations for state and federal funding for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services that are distributed under grant or contract methodologies may be disbursed by the Department of Human Services in the same manner as authorized under federal regulations for the disbursement of funds under Title III of the Older Americans Act, 42 U.S.C. § 3001 et seq., as they existed on January 1, 2023.

(c) If federal funding is available for the division during a fiscal year, the federal funding shall be used to conserve or reduce the expenditure of general revenue except when prohibited by law.

Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Ark. Code Ann. § 25-20-418 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-418
Provisions supplemental and controlling
Status: in_force

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized in this subchapter and shall be regarded as supplemental and additional to powers conferred by other laws. Acts 2003, No. 366, § 1.

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized in this subchapter and shall be regarded as supplemental and additional to powers conferred by other laws.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-26-202 — AR Code / Title 25 / Chapter 26 / Subchapter 2 / Section 25-26-202
Definitions
Status: in_force

For purposes of this subchapter: (1) "Access" means the ability to receive, use, and manipulate data and operate controls included in information technology; (2) "Blind or visually impaired individual" means an individual who: (A) Has a visual acuity of twenty/two hundred ( 20 / 200 ) or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°); (B) Has a medically indicated expectation of visual deterioration; or (C) Has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability; (3) "Covered entity" means the state or any state-assisted organization; (4) "Information technology" means all electronic information processing hardware and software, including telecommunications; (5) "Nonvisual" means synthesized speech, braille, and other output methods not requiring sight; (6) "Reasonably available" means developed and available for purchase for a price as provided in this subchapter from: (A) The vendor that provided the product that is to be used by visual users; or (B) Another vendor if the technology is available from more than one (1) vendor in the marketplace; (7) "State" means the state or any of its departments, agencies, public bodies, or other instrumentalities; (8) "State-assisted organization" means a college, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds; and (9) "Telecommunications" means the transmission of information, images, pictures, voice or data by radio, video, or other electronic or impulse means. Amended by Act 2013, No. 308,§ 2, eff. 3/11/2013. Acts 1999, No. 1227, § 2.

For purposes of this subchapter:

(1) "Access" means the ability to receive, use, and manipulate data and operate controls included in information technology;

(2) "Blind or visually impaired individual" means an individual who: (A) Has a visual acuity of twenty/two hundred ( 20 / 200 ) or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°); (B) Has a medically indicated expectation of visual deterioration; or (C) Has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability;

(A) Has a visual acuity of twenty/two hundred ( 20 / 200 ) or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°);

(B) Has a medically indicated expectation of visual deterioration; or

(C) Has a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability;

(3) "Covered entity" means the state or any state-assisted organization;

(4) "Information technology" means all electronic information processing hardware and software, including telecommunications;

(5) "Nonvisual" means synthesized speech, braille, and other output methods not requiring sight;

(6) "Reasonably available" means developed and available for purchase for a price as provided in this subchapter from: (A) The vendor that provided the product that is to be used by visual users; or (B) Another vendor if the technology is available from more than one (1) vendor in the marketplace;

(A) The vendor that provided the product that is to be used by visual users; or

(B) Another vendor if the technology is available from more than one (1) vendor in the marketplace;

(7) "State" means the state or any of its departments, agencies, public bodies, or other instrumentalities;

(8) "State-assisted organization" means a college, nonprofit organization, person, political subdivision, school system, or other entity supported in whole or in part by state funds; and

(9) "Telecommunications" means the transmission of information, images, pictures, voice or data by radio, video, or other electronic or impulse means.

Amended by Act 2013, No. 308,§ 2, eff. 3/11/2013.

Acts 1999, No. 1227, § 2.
Ark. Code Ann. § 25-24-103 — AR Code / Title 25 / Chapter 24 / Section 25-24-103
Staff of commission
Status: in_force

(a) (1) The Governor shall appoint the Director of the Martin Luther King, Jr. Commission. (2) The director shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Education. (b) The Department of Education may employ staff and consultants on behalf of the Martin Luther King, Jr. Commission as authorized by law and fix their compensation, duties, authority, and responsibilities. Amended by Act 2019, No. 910,§ 2387, eff. 7/1/2019. Acts 1993, No. 1216, § 3; 2009, No. 309, § 3.

(a) (1) The Governor shall appoint the Director of the Martin Luther King, Jr. Commission. (2) The director shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Education.

(1) The Governor shall appoint the Director of the Martin Luther King, Jr. Commission.

(2) The director shall serve at the pleasure of the Governor.

(3) The director shall report to the Secretary of the Department of Education.

(b) The Department of Education may employ staff and consultants on behalf of the Martin Luther King, Jr. Commission as authorized by law and fix their compensation, duties, authority, and responsibilities.

Amended by Act 2019, No. 910,§ 2387, eff. 7/1/2019.

Acts 1993, No. 1216, § 3; 2009, No. 309, § 3.
Ark. Code Ann. § 25-30-107 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-107
Powers and duties of Division of Career and Technical Education
Status: in_force

(a) (1) All personnel of the Division of Career and Technical Education shall be employed by and serve at the pleasure of the Secretary of the Department of Education. (2) However, this section does not reduce any rights or benefits of employees, including retirement benefits, that they had when employed by the Department of Career Education. (b) (1) The authority and responsibility of the State Board of Education and the division shall include general control and supervision of all programs of vocational, technical, and occupational education in secondary institutions. (2) This authority shall apply to programs in: (A) State area vocational high school centers; (B) State public schools; and (C) Any other public educational facility or institution now in existence or hereafter established in the state with the exception of technical colleges, community colleges, universities, and colleges. (3) The State Board of Education shall promulgate rules to administer this section. Amended by Act 2021, No. 545,§ 26, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2391, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

(a) (1) All personnel of the Division of Career and Technical Education shall be employed by and serve at the pleasure of the Secretary of the Department of Education. (2) However, this section does not reduce any rights or benefits of employees, including retirement benefits, that they had when employed by the Department of Career Education.

(1) All personnel of the Division of Career and Technical Education shall be employed by and serve at the pleasure of the Secretary of the Department of Education.

(2) However, this section does not reduce any rights or benefits of employees, including retirement benefits, that they had when employed by the Department of Career Education.

(b) (1) The authority and responsibility of the State Board of Education and the division shall include general control and supervision of all programs of vocational, technical, and occupational education in secondary institutions. (2) This authority shall apply to programs in: (A) State area vocational high school centers; (B) State public schools; and (C) Any other public educational facility or institution now in existence or hereafter established in the state with the exception of technical colleges, community colleges, universities, and colleges. (3) The State Board of Education shall promulgate rules to administer this section.

(1) The authority and responsibility of the State Board of Education and the division shall include general control and supervision of all programs of vocational, technical, and occupational education in secondary institutions.

(2) This authority shall apply to programs in: (A) State area vocational high school centers; (B) State public schools; and (C) Any other public educational facility or institution now in existence or hereafter established in the state with the exception of technical colleges, community colleges, universities, and colleges.

(A) State area vocational high school centers;

(B) State public schools; and

(C) Any other public educational facility or institution now in existence or hereafter established in the state with the exception of technical colleges, community colleges, universities, and colleges.

(3) The State Board of Education shall promulgate rules to administer this section.

Amended by Act 2021, No. 545,§ 26, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2391, eff. 7/1/2019.

Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-35-104 — AR Code / Title 25 / Chapter 35 / Section 25-35-104
Participation
Status: in_force

(a) The following agencies shall participate in the Arkansas Multi-Agency Insurance Trust Fund: (1) State agencies participating in the State Master Property Policy as of June 30, 2003; (2) The Division of Correction; (3) The Division of Community Correction; and (4) State agencies participating in the Arkansas State Master Vehicle Policy as of June 30, 2003. (b) Upon approval by the State Risk Manager, other state agencies may participate in the trust fund. Amended by Act 2019, No. 910,§ 1025, eff. 7/1/2019. Amended by Act 2015, No. 1188,§ 2, eff. 4/7/2015. Acts 2003, No. 1762, § 1.

(a) The following agencies shall participate in the Arkansas Multi-Agency Insurance Trust Fund: (1) State agencies participating in the State Master Property Policy as of June 30, 2003; (2) The Division of Correction; (3) The Division of Community Correction; and (4) State agencies participating in the Arkansas State Master Vehicle Policy as of June 30, 2003.

(1) State agencies participating in the State Master Property Policy as of June 30, 2003;

(2) The Division of Correction;

(3) The Division of Community Correction; and

(4) State agencies participating in the Arkansas State Master Vehicle Policy as of June 30, 2003.

(b) Upon approval by the State Risk Manager, other state agencies may participate in the trust fund.

Amended by Act 2019, No. 910,§ 1025, eff. 7/1/2019.

Amended by Act 2015, No. 1188,§ 2, eff. 4/7/2015.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-4-112 — AR Code / Title 25 / Chapter 4 / Section 25-4-112
Application to educational institutions
Status: in_force

(a) (1) In the case of state-supported institutions of higher education and state-supported postsecondary vocational-technical schools, the provisions of this chapter shall apply to business and administrative applications of information technology but do not apply to academic and research applications. (2) On-campus telecommunications systems shall also be exempt from the provisions of this chapter except when they are connected to the state telecommunications network infrastructure. (3) On-campus telecommunications systems shall be defined as those bounded by the outer perimeter of contiguous campus property. (b) (1) A state-supported institution of higher education, a post-secondary vocational-technical school, an area vocational school, or a public school district may request technical assistance regarding information technology from the Division of Information Systems. (2) (A) Assistance shall be provided by the division free of charge within a reasonable period. (B) However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance. Amended by Act 2019, No. 910,§ 6278, eff. 7/1/2019. Acts 1977, No. 884, § 16; A.S.A. 1947, § 5-1416; Acts 1997, No. 914, § 12; 2005, No. 1999, § 6.

(a) (1) In the case of state-supported institutions of higher education and state-supported postsecondary vocational-technical schools, the provisions of this chapter shall apply to business and administrative applications of information technology but do not apply to academic and research applications. (2) On-campus telecommunications systems shall also be exempt from the provisions of this chapter except when they are connected to the state telecommunications network infrastructure. (3) On-campus telecommunications systems shall be defined as those bounded by the outer perimeter of contiguous campus property.

(1) In the case of state-supported institutions of higher education and state-supported postsecondary vocational-technical schools, the provisions of this chapter shall apply to business and administrative applications of information technology but do not apply to academic and research applications.

(2) On-campus telecommunications systems shall also be exempt from the provisions of this chapter except when they are connected to the state telecommunications network infrastructure.

(3) On-campus telecommunications systems shall be defined as those bounded by the outer perimeter of contiguous campus property.

(b) (1) A state-supported institution of higher education, a post-secondary vocational-technical school, an area vocational school, or a public school district may request technical assistance regarding information technology from the Division of Information Systems. (2) (A) Assistance shall be provided by the division free of charge within a reasonable period. (B) However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance.

(1) A state-supported institution of higher education, a post-secondary vocational-technical school, an area vocational school, or a public school district may request technical assistance regarding information technology from the Division of Information Systems.

(2) (A) Assistance shall be provided by the division free of charge within a reasonable period. (B) However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance.

(A) Assistance shall be provided by the division free of charge within a reasonable period.

(B) However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance.

Amended by Act 2019, No. 910,§ 6278, eff. 7/1/2019.

Acts 1977, No. 884, § 16; A.S.A. 1947, § 5-1416; Acts 1997, No. 914, § 12; 2005, No. 1999, § 6.
Ark. Code Ann. § 25-10-146 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-146
Certification and licensure by the Division of Provider Services and Quality Assurance
Status: in_force

(a) The Division of Provider Services and Quality Assurance may use funds appropriated for the certification or licensure of an entity on behalf of any division of the Department of Human Services. (b) An entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance shall hold its certification or license under the authority of the relevant division of the Department of Human Services. (c) All laws that apply to a certified or licensed entity by a relevant division of the Department of Human Services shall apply to an entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance on behalf of a relevant division of the Department of Human Services. Added by Act 2023, No. 493,§ 5, eff. 7/1/2023.

(a) The Division of Provider Services and Quality Assurance may use funds appropriated for the certification or licensure of an entity on behalf of any division of the Department of Human Services.

(b) An entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance shall hold its certification or license under the authority of the relevant division of the Department of Human Services.

(c) All laws that apply to a certified or licensed entity by a relevant division of the Department of Human Services shall apply to an entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance on behalf of a relevant division of the Department of Human Services.

Added by Act 2023, No. 493,§ 5, eff. 7/1/2023.
Ark. Code Ann. § 25-16-508 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-508
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1276,§ 3, eff. 8/16/2013. Acts 1915, No. 104, §§ 3, 4; C. & M. Dig., §§ 4450, 4451; Pope's Dig., §§ 5485, 5486; A.S.A. 1947, §§ 12-515, 12-516.

Repealed by Act 2013, No. 1276,§ 3, eff. 8/16/2013.

Acts 1915, No. 104, §§ 3, 4; C. & M. Dig., §§ 4450, 4451; Pope's Dig., §§ 5485, 5486; A.S.A. 1947, §§ 12-515, 12-516.
Ark. Code Ann. § 25-1-108 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-108
Report
Status: in_force

(a) For purposes of this section, "state agency" means every department, division, office, board, commission, and institution of this state, excluding state-supported institutions of higher education. (b) Every state agency that receives grants in excess of twenty-five thousand dollars ($25,000) from any source shall report to the Legislative Council within forty-five (45) calendar days after receipt of a grant. (c) The report shall include: (1) The amount of the grant; (2) The purpose of the grant; (3) The source of the grant; (4) Conditions of the grant; and (5) Any other information requested by the Legislative Council. (d) All state-supported institutions of higher education shall continue to report grants to the Department of Finance and Administration quarterly on forms prescribed by the department, and the department shall upon receipt thereof file the reports with the Legislative Council. Acts 2001, No. 319, § 1.

(a) For purposes of this section, "state agency" means every department, division, office, board, commission, and institution of this state, excluding state-supported institutions of higher education.

(b) Every state agency that receives grants in excess of twenty-five thousand dollars ($25,000) from any source shall report to the Legislative Council within forty-five (45) calendar days after receipt of a grant.

(c) The report shall include: (1) The amount of the grant; (2) The purpose of the grant; (3) The source of the grant; (4) Conditions of the grant; and (5) Any other information requested by the Legislative Council.

(1) The amount of the grant;

(2) The purpose of the grant;

(3) The source of the grant;

(4) Conditions of the grant; and

(5) Any other information requested by the Legislative Council.

(d) All state-supported institutions of higher education shall continue to report grants to the Department of Finance and Administration quarterly on forms prescribed by the department, and the department shall upon receipt thereof file the reports with the Legislative Council.

Acts 2001, No. 319, § 1.
Ark. Code Ann. § 25-15-210 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-210
Administrative adjudication - Decisions
Status: in_force

(a) When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary thereto, prepared by the person who conducted the hearing. (b) (1) In every case of adjudication, a final decision or order shall be in writing or stated in the record. (2) A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. (c) (1) Parties shall be served either personally or by mail with a copy of any decision or order. (2) In addition to the manner of service provided under subdivision (c)(1) of this section, administrative adjudication decisions made by the Department of Human Services may be served electronically by email if the party consents. Amended by Act 2023, No. 474,§ 1, eff. 4/4/2023. Acts 1967, No. 434, § 10; A.S.A. 1947, § 5-710.

(a) When, in a case of adjudication, a majority of the officials of the agency who are to render the decision have not heard the case or read the record, the decision, if adverse to a party other than the agency, shall not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary thereto, prepared by the person who conducted the hearing.

(b) (1) In every case of adjudication, a final decision or order shall be in writing or stated in the record. (2) A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.

(1) In every case of adjudication, a final decision or order shall be in writing or stated in the record.

(2) A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.

(c) (1) Parties shall be served either personally or by mail with a copy of any decision or order. (2) In addition to the manner of service provided under subdivision (c)(1) of this section, administrative adjudication decisions made by the Department of Human Services may be served electronically by email if the party consents.

(1) Parties shall be served either personally or by mail with a copy of any decision or order.

(2) In addition to the manner of service provided under subdivision (c)(1) of this section, administrative adjudication decisions made by the Department of Human Services may be served electronically by email if the party consents.

Amended by Act 2023, No. 474,§ 1, eff. 4/4/2023.

Acts 1967, No. 434, § 10; A.S.A. 1947, § 5-710.
Ark. Code Ann. § 25-16-610 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-610
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1276,§ 7, eff. 8/16/2013. Acts 1881, No. 97, § 1, p. 193; C. & M. Dig., § 4453; Pope's Dig., § 5488; A.S.A. 1947, § 12-512.

Repealed by Act 2013, No. 1276,§ 7, eff. 8/16/2013.

Acts 1881, No. 97, § 1, p. 193; C. & M. Dig., § 4453; Pope's Dig., § 5488; A.S.A. 1947, § 12-512.