Ark. Code Ann. § 12-42-116 — AR Code / Title 12 / Chapter 42 / Section 12-42-116
Work-study release - Definitions
Status: in_force

(a) As used in this section: (1) "Chief executive officer" means the county sheriff of the county if the criminal detention facility is owned or operated by a county of this state or the chief of police if the criminal detention facility is owned or operated by a municipality of this state; (2) "Legislative body" means the quorum court of the county in which the county-owned or operated criminal detention facility is located, or if the criminal detention facility is owned or operated by a municipality, it means whatever body is authorized to adopt ordinances for that jurisdiction; and (3) "Work-release" means programs under which inmates selected to participate in such programs may be gainfully employed or attend schools outside of a jail. (b) Any person who may be convicted by any court in this state and who is committed to a jail to serve a sentence imposed by any court of competent jurisdiction or in default of the payment of the fine and costs adjudged against him or her may be released for the purpose of participation in work-release programs under the conditions and procedures contained in subsections (c) and (d) of this section. (c) The chief executive officer may allow inmates as described in subsection (b) of this section to participate in work-release programs in accordance with rules, regulations, and procedures adopted by the chief executive officer. (d) Under any work-release program, earnings by the inmate shall be paid directly to the chief executive officer and applied as follows: (1) The chief executive officer shall retain an amount to be established by the legislative body which will reasonably compensate the chief executive officer for the cost of feeding and housing the inmate; (2) The chief executive officer shall determine if the inmate has persons depending upon him or her for their support and may remit to such persons that portion of the earnings which the chief executive officer considers reasonable; and (3) (A) The chief executive officer shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to such victims that portion of the earnings which the chief executive officer considers reasonable. (B) However, in no case shall the portion of earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deductions for the cost of care and custody and family support in subdivisions (d)(1) and (2) of this section. (C) The names and addresses of the victims and the amount of restitution to be paid shall be provided to the chief executive officer by certificate of the trial court in which the defendant was convicted. Acts 1977, No. 413, §§ 1-3; 1985, No. 1046, § 1; A.S.A. 1947, §§ 46-421 -- 46-423.

(a) As used in this section: (1) "Chief executive officer" means the county sheriff of the county if the criminal detention facility is owned or operated by a county of this state or the chief of police if the criminal detention facility is owned or operated by a municipality of this state; (2) "Legislative body" means the quorum court of the county in which the county-owned or operated criminal detention facility is located, or if the criminal detention facility is owned or operated by a municipality, it means whatever body is authorized to adopt ordinances for that jurisdiction; and (3) "Work-release" means programs under which inmates selected to participate in such programs may be gainfully employed or attend schools outside of a jail.

(1) "Chief executive officer" means the county sheriff of the county if the criminal detention facility is owned or operated by a county of this state or the chief of police if the criminal detention facility is owned or operated by a municipality of this state;

(2) "Legislative body" means the quorum court of the county in which the county-owned or operated criminal detention facility is located, or if the criminal detention facility is owned or operated by a municipality, it means whatever body is authorized to adopt ordinances for that jurisdiction; and

(3) "Work-release" means programs under which inmates selected to participate in such programs may be gainfully employed or attend schools outside of a jail.

(b) Any person who may be convicted by any court in this state and who is committed to a jail to serve a sentence imposed by any court of competent jurisdiction or in default of the payment of the fine and costs adjudged against him or her may be released for the purpose of participation in work-release programs under the conditions and procedures contained in subsections (c) and (d) of this section.

(c) The chief executive officer may allow inmates as described in subsection (b) of this section to participate in work-release programs in accordance with rules, regulations, and procedures adopted by the chief executive officer.

(d) Under any work-release program, earnings by the inmate shall be paid directly to the chief executive officer and applied as follows: (1) The chief executive officer shall retain an amount to be established by the legislative body which will reasonably compensate the chief executive officer for the cost of feeding and housing the inmate; (2) The chief executive officer shall determine if the inmate has persons depending upon him or her for their support and may remit to such persons that portion of the earnings which the chief executive officer considers reasonable; and (3) (A) The chief executive officer shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to such victims that portion of the earnings which the chief executive officer considers reasonable. (B) However, in no case shall the portion of earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deductions for the cost of care and custody and family support in subdivisions (d)(1) and (2) of this section. (C) The names and addresses of the victims and the amount of restitution to be paid shall be provided to the chief executive officer by certificate of the trial court in which the defendant was convicted.

(1) The chief executive officer shall retain an amount to be established by the legislative body which will reasonably compensate the chief executive officer for the cost of feeding and housing the inmate;

(2) The chief executive officer shall determine if the inmate has persons depending upon him or her for their support and may remit to such persons that portion of the earnings which the chief executive officer considers reasonable; and

(3) (A) The chief executive officer shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to such victims that portion of the earnings which the chief executive officer considers reasonable. (B) However, in no case shall the portion of earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deductions for the cost of care and custody and family support in subdivisions (d)(1) and (2) of this section. (C) The names and addresses of the victims and the amount of restitution to be paid shall be provided to the chief executive officer by certificate of the trial court in which the defendant was convicted.

(A) The chief executive officer shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to such victims that portion of the earnings which the chief executive officer considers reasonable.

(B) However, in no case shall the portion of earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deductions for the cost of care and custody and family support in subdivisions (d)(1) and (2) of this section.

(C) The names and addresses of the victims and the amount of restitution to be paid shall be provided to the chief executive officer by certificate of the trial court in which the defendant was convicted.

Acts 1977, No. 413, §§ 1-3; 1985, No. 1046, § 1; A.S.A. 1947, §§ 46-421 -- 46-423.
Ark. Code Ann. § 12-8-310 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-310
Lease fund - Expiration of provisions
Status: in_force

(a) The provisions of §§ 12-8-307 - 12-8-309 shall expire upon payment of the final costs authorized under the lease agreements mentioned in this subchapter. (b) Any balances remaining in the Department of Arkansas State Police Communications Equipment Lease Fund shall be deposited into the State Treasury to the credit of the Department of Arkansas State Police Fund as a nonrevenue receipt. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.

(a) The provisions of §§ 12-8-307 - 12-8-309 shall expire upon payment of the final costs authorized under the lease agreements mentioned in this subchapter.

(b) Any balances remaining in the Department of Arkansas State Police Communications Equipment Lease Fund shall be deposited into the State Treasury to the credit of the Department of Arkansas State Police Fund as a nonrevenue receipt.

Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.
Ark. Code Ann. § 12-18-911 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-911
Records - Subpoena duces tecum - Definitions
Status: in_force

(a) As used in this section: (1) "Custodian of records" means the administrator of the Child Maltreatment Central Registry or his or her designee; and (2) "Records" means data, records, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families. (b) (1) A subpoena duces tecum for records shall be served on the custodian of records. (2) (A) When a subpoena duces tecum described in subdivision (b)(1) of this section does not request the personal attendance of the custodian of records and the Department of Human Services is not a party to the action, the subpoena duces tecum is complied with when the custodian of records delivers to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena duces tecum or conducting the hearing, a true and correct copy of all records described in the subpoena duces tecum and the affidavit described in subsection (c) of this section. (B) The records may be delivered by hand or registered mail. (c) (1) The records shall be accompanied by an affidavit of the custodian of records stating that: (A) The affiant is the duly authorized custodian of records and has authority to certify the records; (B) The attached copies are a true copy of all the records described in the subpoena duces tecum; and (C) The records were prepared by employees of the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police acting in the ordinary course of the business at or near the time of the child maltreatment investigation reported in the records. (2) If the registry does not have the records described in the subpoena duces tecum, or has only part of the records, the custodian of records shall state so in the affidavit and file the affidavit and records as the records are available. (3) The custodian of records may enclose a statement of costs pursuant to § 12-18-711 for copying the records, and the costs of copying the records shall be charged to the party requesting the subpoena duces tecum for the records. (d) (1) The copy of the records produced by the custodian of records shall be separately enclosed in an inner envelope or wrapper and sealed with the title and number of the action, the name of the custodian of records, and the date of the subpoena duces tecum clearly written on the inner envelope or wrapper. (2) The sealed outer envelope or wrapper shall be addressed as follows: (A) If the subpoena duces tecum directs attendance in court, to the clerk or the judge of the court; (B) If the subpoena duces tecum directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena duces tecum for the taking of the deposition or at his or her place of business; and (C) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. (e) (1) (A) The copy of the records produced by the custodian of records shall remain sealed and be opened: (i) At the time of trial, deposition, or hearing; or (ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing. (B) Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal first shall ascertain if the custodian of records is authorized to release the records under § 12-18-620 , § 12-18-710 , § 12-18-909 , or § 12-18-910 . (2) The records shall be opened in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. (3) When the custodian of records is ordered to appear personally, he or she may open the sealed envelope or wrapper if the records produced are returned. (f) The copy of the records shall be admissible in evidence to the same extent as though the original record were offered and the custodian of records had been present and testified to the matters stated in the affidavit. (g) (1) (A) When the personal attendance of the custodian of records is requested, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary". (B) When both the personal attendance of the custodian of records and the production of a copy of the records are requested, the subpoena duces tecum shall contain a clause which reads: "A copy of the records and the personal attendance of the custodian of records are necessary". (2) When the personal attendance of the custodian of records is requested, the reasonable cost of producing the records and expenses for personal attendance shall be charged to the party requesting the subpoena duces tecum. Added by Act 2015, No. 1097,§ 5, eff. 7/22/2015.

(a) As used in this section: (1) "Custodian of records" means the administrator of the Child Maltreatment Central Registry or his or her designee; and (2) "Records" means data, records, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families.

(1) "Custodian of records" means the administrator of the Child Maltreatment Central Registry or his or her designee; and

(2) "Records" means data, records, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Department of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families.

(b) (1) A subpoena duces tecum for records shall be served on the custodian of records. (2) (A) When a subpoena duces tecum described in subdivision (b)(1) of this section does not request the personal attendance of the custodian of records and the Department of Human Services is not a party to the action, the subpoena duces tecum is complied with when the custodian of records delivers to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena duces tecum or conducting the hearing, a true and correct copy of all records described in the subpoena duces tecum and the affidavit described in subsection (c) of this section. (B) The records may be delivered by hand or registered mail.

(1) A subpoena duces tecum for records shall be served on the custodian of records.

(2) (A) When a subpoena duces tecum described in subdivision (b)(1) of this section does not request the personal attendance of the custodian of records and the Department of Human Services is not a party to the action, the subpoena duces tecum is complied with when the custodian of records delivers to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena duces tecum or conducting the hearing, a true and correct copy of all records described in the subpoena duces tecum and the affidavit described in subsection (c) of this section. (B) The records may be delivered by hand or registered mail.

(A) When a subpoena duces tecum described in subdivision (b)(1) of this section does not request the personal attendance of the custodian of records and the Department of Human Services is not a party to the action, the subpoena duces tecum is complied with when the custodian of records delivers to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena duces tecum or conducting the hearing, a true and correct copy of all records described in the subpoena duces tecum and the affidavit described in subsection (c) of this section.

(B) The records may be delivered by hand or registered mail.

(c) (1) The records shall be accompanied by an affidavit of the custodian of records stating that: (A) The affiant is the duly authorized custodian of records and has authority to certify the records; (B) The attached copies are a true copy of all the records described in the subpoena duces tecum; and (C) The records were prepared by employees of the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police acting in the ordinary course of the business at or near the time of the child maltreatment investigation reported in the records. (2) If the registry does not have the records described in the subpoena duces tecum, or has only part of the records, the custodian of records shall state so in the affidavit and file the affidavit and records as the records are available. (3) The custodian of records may enclose a statement of costs pursuant to § 12-18-711 for copying the records, and the costs of copying the records shall be charged to the party requesting the subpoena duces tecum for the records.

(1) The records shall be accompanied by an affidavit of the custodian of records stating that: (A) The affiant is the duly authorized custodian of records and has authority to certify the records; (B) The attached copies are a true copy of all the records described in the subpoena duces tecum; and (C) The records were prepared by employees of the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police acting in the ordinary course of the business at or near the time of the child maltreatment investigation reported in the records.

(A) The affiant is the duly authorized custodian of records and has authority to certify the records;

(B) The attached copies are a true copy of all the records described in the subpoena duces tecum; and

(C) The records were prepared by employees of the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police acting in the ordinary course of the business at or near the time of the child maltreatment investigation reported in the records.

(2) If the registry does not have the records described in the subpoena duces tecum, or has only part of the records, the custodian of records shall state so in the affidavit and file the affidavit and records as the records are available.

(3) The custodian of records may enclose a statement of costs pursuant to § 12-18-711 for copying the records, and the costs of copying the records shall be charged to the party requesting the subpoena duces tecum for the records.

(d) (1) The copy of the records produced by the custodian of records shall be separately enclosed in an inner envelope or wrapper and sealed with the title and number of the action, the name of the custodian of records, and the date of the subpoena duces tecum clearly written on the inner envelope or wrapper. (2) The sealed outer envelope or wrapper shall be addressed as follows: (A) If the subpoena duces tecum directs attendance in court, to the clerk or the judge of the court; (B) If the subpoena duces tecum directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena duces tecum for the taking of the deposition or at his or her place of business; and (C) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.

(1) The copy of the records produced by the custodian of records shall be separately enclosed in an inner envelope or wrapper and sealed with the title and number of the action, the name of the custodian of records, and the date of the subpoena duces tecum clearly written on the inner envelope or wrapper.

(2) The sealed outer envelope or wrapper shall be addressed as follows: (A) If the subpoena duces tecum directs attendance in court, to the clerk or the judge of the court; (B) If the subpoena duces tecum directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena duces tecum for the taking of the deposition or at his or her place of business; and (C) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.

(A) If the subpoena duces tecum directs attendance in court, to the clerk or the judge of the court;

(B) If the subpoena duces tecum directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena duces tecum for the taking of the deposition or at his or her place of business; and

(C) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.

(e) (1) (A) The copy of the records produced by the custodian of records shall remain sealed and be opened: (i) At the time of trial, deposition, or hearing; or (ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing. (B) Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal first shall ascertain if the custodian of records is authorized to release the records under § 12-18-620 , § 12-18-710 , § 12-18-909 , or § 12-18-910 . (2) The records shall be opened in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. (3) When the custodian of records is ordered to appear personally, he or she may open the sealed envelope or wrapper if the records produced are returned.

(1) (A) The copy of the records produced by the custodian of records shall remain sealed and be opened: (i) At the time of trial, deposition, or hearing; or (ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing. (B) Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal first shall ascertain if the custodian of records is authorized to release the records under § 12-18-620 , § 12-18-710 , § 12-18-909 , or § 12-18-910 .

(A) The copy of the records produced by the custodian of records shall remain sealed and be opened: (i) At the time of trial, deposition, or hearing; or (ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing.

(i) At the time of trial, deposition, or hearing; or

(ii) Upon the direction of the judge, court, officer, body, or tribunal conducting the hearing.

(B) Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body, or tribunal first shall ascertain if the custodian of records is authorized to release the records under § 12-18-620 , § 12-18-710 , § 12-18-909 , or § 12-18-910 .

(2) The records shall be opened in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing.

(3) When the custodian of records is ordered to appear personally, he or she may open the sealed envelope or wrapper if the records produced are returned.

(f) The copy of the records shall be admissible in evidence to the same extent as though the original record were offered and the custodian of records had been present and testified to the matters stated in the affidavit.

(g) (1) (A) When the personal attendance of the custodian of records is requested, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary". (B) When both the personal attendance of the custodian of records and the production of a copy of the records are requested, the subpoena duces tecum shall contain a clause which reads: "A copy of the records and the personal attendance of the custodian of records are necessary". (2) When the personal attendance of the custodian of records is requested, the reasonable cost of producing the records and expenses for personal attendance shall be charged to the party requesting the subpoena duces tecum.

(1) (A) When the personal attendance of the custodian of records is requested, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary". (B) When both the personal attendance of the custodian of records and the production of a copy of the records are requested, the subpoena duces tecum shall contain a clause which reads: "A copy of the records and the personal attendance of the custodian of records are necessary".

(A) When the personal attendance of the custodian of records is requested, the subpoena duces tecum shall contain a clause which reads: "The personal attendance of the custodian of records is necessary".

(B) When both the personal attendance of the custodian of records and the production of a copy of the records are requested, the subpoena duces tecum shall contain a clause which reads: "A copy of the records and the personal attendance of the custodian of records are necessary".

(2) When the personal attendance of the custodian of records is requested, the reasonable cost of producing the records and expenses for personal attendance shall be charged to the party requesting the subpoena duces tecum.

Added by Act 2015, No. 1097,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 12-8-129 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-129
Court Awards Fund quarterly report
Status: in_force

(a) The Division of Arkansas State Police shall provide a quarterly report detailing expenditures from the Court Awards Fund of the confiscated funds transfer appropriation of the operative appropriation act of the Division of Arkansas State Police. (b) The quarterly report under subsection (a) of this section shall be provided: (1) To the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (2) No later than the fifteenth day of the month immediately following the end of each quarter of the fiscal year. (c) The quarterly report under subsection (a) of this section shall include the purpose and amount of the expenditures, as well as the specific sections of the division making the expenditures. Added by Act 2023, No. 803,§ 49, eff. 7/1/2023.

(a) The Division of Arkansas State Police shall provide a quarterly report detailing expenditures from the Court Awards Fund of the confiscated funds transfer appropriation of the operative appropriation act of the Division of Arkansas State Police.

(b) The quarterly report under subsection (a) of this section shall be provided: (1) To the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (2) No later than the fifteenth day of the month immediately following the end of each quarter of the fiscal year.

(1) To the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and

(2) No later than the fifteenth day of the month immediately following the end of each quarter of the fiscal year.

(c) The quarterly report under subsection (a) of this section shall include the purpose and amount of the expenditures, as well as the specific sections of the division making the expenditures.

Added by Act 2023, No. 803,§ 49, eff. 7/1/2023.
Ark. Code Ann. § 12-75-119 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-119
Statewide mutual aid system
Status: in_force

(a) (1) All emergency jurisdictions shall participate in the statewide mutual aid system, except as provided in subdivision (a)(2) of this section. (2) (A) An emergency jurisdiction may elect not to participate in the statewide mutual aid system. (B) In order to make the election, the governing body of the emergency jurisdiction shall enact a resolution declaring that the emergency jurisdiction elects not to participate in the statewide mutual aid system. (C) The chief executive officer of the governing body shall provide a copy of the resolution to the Division of Emergency Management within ten (10) days of the enactment of the resolution. (b) Within its own emergency jurisdiction, a participating emergency jurisdiction shall: (1) Identify potential problems and hazards that could affect the emergency jurisdiction using an identification system common to all participating emergency jurisdictions; (2) Conduct joint planning, intelligence sharing, and threat assessment development with contiguous participating emergency jurisdictions; (3) Conduct joint training exercises with contiguous participating emergency jurisdictions at least one (1) time every other year; (4) Identify and inventory, at least annually, current services, equipment, supplies, personnel, and other resources related to planning, prevention, mitigation, and response and recovery activities of the participating emergency jurisdiction; and (5) Adopt and implement an incident management system consistent with Homeland Security Presidential Directive-5, as it existed on January 1, 2005. (c) (1) The chief executive officer of the governing body of a participating emergency jurisdiction or his or her designee may request assistance from another participating emergency jurisdiction: (A) To prevent, mitigate, or respond and recover from a local emergency declared under § 12-75-108 ; or (B) To conduct joint training exercises. (2) (A) A request for assistance may be made verbally or in writing. (B) Verbal requests shall be followed with written confirmation as soon as practical. (3) (A) A request for assistance is not required to be reported to the division in advance of or concurrent with the request. (B) However, a request for assistance shall be reported to the division in writing as soon as practical. (d) A participating emergency jurisdiction's obligation to provide assistance to another participating emergency jurisdiction with the prevention, mitigation, and response and recovery activities related to a declared emergency or training exercises is subject to the following conditions: (1) There must be a local emergency declared under § 12-75-108 or a plan to conduct training exercises; (2) A responding participating emergency jurisdiction may withhold its resources to the extent necessary to provide reasonable protection and services for its own emergency jurisdiction; (3) (A) An emergency responder from a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of his or her home jurisdiction, including use of medical protocols, standard operating procedures, and other protocols and procedures identified by the division. (B) However, for the duration of the assistance, the emergency responder shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction; and (4) (A) (i) Equipment and supplies belonging to a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of the responding participating emergency jurisdiction. (ii) However, for the duration of the assistance, the equipment and supplies shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction. (B) A participating emergency jurisdiction providing assistance may donate equipment, supplies, or any other kind of asset to another participating emergency jurisdiction. (e) If an emergency responder holds a license, certificate, or other permit issued by a participating emergency jurisdiction or the state evidencing qualification in a professional, mechanical, or other skill and the assistance of the emergency responder is requested by a participating emergency jurisdiction, the emergency responder shall be deemed to be licensed, certified, or permitted in the participating emergency jurisdiction requesting assistance for the duration of the declared emergency or training exercises, subject to any limitations and conditions imposed by the chief executive officer of the governing body of the participating emergency jurisdiction receiving the assistance. (f) (1) (A) A participating emergency jurisdiction receiving assistance under the statewide mutual aid system shall reimburse a participating emergency jurisdiction responding to a request for assistance for all expenses associated with providing the assistance other than regular salaries and benefits. (B) A request for reimbursement shall be made in accordance with procedures developed by the Arkansas Homeland Security Advisory Group and adopted by the division as a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) The division shall not provide reimbursement for expenses associated with training exercises except in accordance with applicable rules. (2) (A) (i) If a participating emergency jurisdiction disagrees with another participating emergency jurisdiction regarding reimbursement, the participating emergency jurisdiction asserting the dispute shall notify in writing the chief executive officer of the governing body of the participating emergency jurisdiction with which the dispute exists. (ii) The notification shall be sent by certified mail, return receipt requested. (B) (i) The participating emergency jurisdictions involved in the dispute shall make every effort to resolve the dispute within thirty (30) days of receipt of the written notice by the noncomplaining participating emergency jurisdiction. (ii) In the event that the dispute is not resolved within ninety (90) days of receipt of written notice of the dispute, either participating emergency jurisdiction may request binding arbitration. (iii) Arbitration conducted under this subdivision (f)(2)(B) shall be conducted under the commercial arbitration rules of the American Arbitration Association, as in effect on January 1, 2005. (g) (1) An emergency responder who assists a participating emergency jurisdiction that is not the emergency responder's home emergency jurisdiction and who sustains injury or death in the course of, and arising out of, the emergency responder's employment is entitled to all applicable benefits normally available from the emergency responder's home emergency jurisdiction. (2) An emergency responder may receive additional state benefits as provided by law for death in the line of duty. (h) (1) All activities performed under this section are deemed to be governmental functions. (2) (A) For the purposes of liability, an emergency responder acting under the operational control of a participating emergency jurisdiction requesting assistance is deemed to be an employee of the participating emergency jurisdiction requesting assistance and exercising operational control. (B) Except in cases of willful misconduct, gross negligence, or bad faith, neither the participating emergency jurisdiction providing assistance nor its employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the request of a participating emergency jurisdiction for assistance under the statewide mutual aid system. (i) This section shall not be construed to prohibit a participating emergency jurisdiction from entering into interjurisdictional agreements with one (1) or more other emergency jurisdictions or emergency services entities and shall not affect any other agreement to which an emergency jurisdiction may be a party. Amended by Act 2019, No. 910,§ 5898, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5897, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5896, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5895, eff. 7/1/2019. Acts 1973, No. 511, § 12; 1985, No. 687, § 8; 1985, No. 978, § 8; A.S.A. 1947, § 11-1945; Acts 1993, No. 1049, § 7; 1999, No. 646, § 32; 2001, No. 1278, § 5; 2005, No. 1179, § 2.

(a) (1) All emergency jurisdictions shall participate in the statewide mutual aid system, except as provided in subdivision (a)(2) of this section. (2) (A) An emergency jurisdiction may elect not to participate in the statewide mutual aid system. (B) In order to make the election, the governing body of the emergency jurisdiction shall enact a resolution declaring that the emergency jurisdiction elects not to participate in the statewide mutual aid system. (C) The chief executive officer of the governing body shall provide a copy of the resolution to the Division of Emergency Management within ten (10) days of the enactment of the resolution.

(1) All emergency jurisdictions shall participate in the statewide mutual aid system, except as provided in subdivision (a)(2) of this section.

(2) (A) An emergency jurisdiction may elect not to participate in the statewide mutual aid system. (B) In order to make the election, the governing body of the emergency jurisdiction shall enact a resolution declaring that the emergency jurisdiction elects not to participate in the statewide mutual aid system. (C) The chief executive officer of the governing body shall provide a copy of the resolution to the Division of Emergency Management within ten (10) days of the enactment of the resolution.

(A) An emergency jurisdiction may elect not to participate in the statewide mutual aid system.

(B) In order to make the election, the governing body of the emergency jurisdiction shall enact a resolution declaring that the emergency jurisdiction elects not to participate in the statewide mutual aid system.

(C) The chief executive officer of the governing body shall provide a copy of the resolution to the Division of Emergency Management within ten (10) days of the enactment of the resolution.

(b) Within its own emergency jurisdiction, a participating emergency jurisdiction shall: (1) Identify potential problems and hazards that could affect the emergency jurisdiction using an identification system common to all participating emergency jurisdictions; (2) Conduct joint planning, intelligence sharing, and threat assessment development with contiguous participating emergency jurisdictions; (3) Conduct joint training exercises with contiguous participating emergency jurisdictions at least one (1) time every other year; (4) Identify and inventory, at least annually, current services, equipment, supplies, personnel, and other resources related to planning, prevention, mitigation, and response and recovery activities of the participating emergency jurisdiction; and (5) Adopt and implement an incident management system consistent with Homeland Security Presidential Directive-5, as it existed on January 1, 2005.

(1) Identify potential problems and hazards that could affect the emergency jurisdiction using an identification system common to all participating emergency jurisdictions;

(2) Conduct joint planning, intelligence sharing, and threat assessment development with contiguous participating emergency jurisdictions;

(3) Conduct joint training exercises with contiguous participating emergency jurisdictions at least one (1) time every other year;

(4) Identify and inventory, at least annually, current services, equipment, supplies, personnel, and other resources related to planning, prevention, mitigation, and response and recovery activities of the participating emergency jurisdiction; and

(5) Adopt and implement an incident management system consistent with Homeland Security Presidential Directive-5, as it existed on January 1, 2005.

(c) (1) The chief executive officer of the governing body of a participating emergency jurisdiction or his or her designee may request assistance from another participating emergency jurisdiction: (A) To prevent, mitigate, or respond and recover from a local emergency declared under § 12-75-108 ; or (B) To conduct joint training exercises. (2) (A) A request for assistance may be made verbally or in writing. (B) Verbal requests shall be followed with written confirmation as soon as practical. (3) (A) A request for assistance is not required to be reported to the division in advance of or concurrent with the request. (B) However, a request for assistance shall be reported to the division in writing as soon as practical.

(1) The chief executive officer of the governing body of a participating emergency jurisdiction or his or her designee may request assistance from another participating emergency jurisdiction: (A) To prevent, mitigate, or respond and recover from a local emergency declared under § 12-75-108 ; or (B) To conduct joint training exercises.

(A) To prevent, mitigate, or respond and recover from a local emergency declared under § 12-75-108 ; or

(B) To conduct joint training exercises.

(2) (A) A request for assistance may be made verbally or in writing. (B) Verbal requests shall be followed with written confirmation as soon as practical.

(A) A request for assistance may be made verbally or in writing.

(B) Verbal requests shall be followed with written confirmation as soon as practical.

(3) (A) A request for assistance is not required to be reported to the division in advance of or concurrent with the request. (B) However, a request for assistance shall be reported to the division in writing as soon as practical.

(A) A request for assistance is not required to be reported to the division in advance of or concurrent with the request.

(B) However, a request for assistance shall be reported to the division in writing as soon as practical.

(d) A participating emergency jurisdiction's obligation to provide assistance to another participating emergency jurisdiction with the prevention, mitigation, and response and recovery activities related to a declared emergency or training exercises is subject to the following conditions: (1) There must be a local emergency declared under § 12-75-108 or a plan to conduct training exercises; (2) A responding participating emergency jurisdiction may withhold its resources to the extent necessary to provide reasonable protection and services for its own emergency jurisdiction; (3) (A) An emergency responder from a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of his or her home jurisdiction, including use of medical protocols, standard operating procedures, and other protocols and procedures identified by the division. (B) However, for the duration of the assistance, the emergency responder shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction; and (4) (A) (i) Equipment and supplies belonging to a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of the responding participating emergency jurisdiction. (ii) However, for the duration of the assistance, the equipment and supplies shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction. (B) A participating emergency jurisdiction providing assistance may donate equipment, supplies, or any other kind of asset to another participating emergency jurisdiction.

(1) There must be a local emergency declared under § 12-75-108 or a plan to conduct training exercises;

(2) A responding participating emergency jurisdiction may withhold its resources to the extent necessary to provide reasonable protection and services for its own emergency jurisdiction;

(3) (A) An emergency responder from a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of his or her home jurisdiction, including use of medical protocols, standard operating procedures, and other protocols and procedures identified by the division. (B) However, for the duration of the assistance, the emergency responder shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction; and

(A) An emergency responder from a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of his or her home jurisdiction, including use of medical protocols, standard operating procedures, and other protocols and procedures identified by the division.

(B) However, for the duration of the assistance, the emergency responder shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction; and

(4) (A) (i) Equipment and supplies belonging to a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of the responding participating emergency jurisdiction. (ii) However, for the duration of the assistance, the equipment and supplies shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction. (B) A participating emergency jurisdiction providing assistance may donate equipment, supplies, or any other kind of asset to another participating emergency jurisdiction.

(A) (i) Equipment and supplies belonging to a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of the responding participating emergency jurisdiction. (ii) However, for the duration of the assistance, the equipment and supplies shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction.

(i) Equipment and supplies belonging to a participating emergency jurisdiction responding to a request for assistance from another participating emergency jurisdiction shall remain under the command control of the responding participating emergency jurisdiction.

(ii) However, for the duration of the assistance, the equipment and supplies shall be under the operational control of the participating emergency jurisdiction requesting assistance in accordance with the incident management system of that participating emergency jurisdiction.

(B) A participating emergency jurisdiction providing assistance may donate equipment, supplies, or any other kind of asset to another participating emergency jurisdiction.

(e) If an emergency responder holds a license, certificate, or other permit issued by a participating emergency jurisdiction or the state evidencing qualification in a professional, mechanical, or other skill and the assistance of the emergency responder is requested by a participating emergency jurisdiction, the emergency responder shall be deemed to be licensed, certified, or permitted in the participating emergency jurisdiction requesting assistance for the duration of the declared emergency or training exercises, subject to any limitations and conditions imposed by the chief executive officer of the governing body of the participating emergency jurisdiction receiving the assistance.

(f) (1) (A) A participating emergency jurisdiction receiving assistance under the statewide mutual aid system shall reimburse a participating emergency jurisdiction responding to a request for assistance for all expenses associated with providing the assistance other than regular salaries and benefits. (B) A request for reimbursement shall be made in accordance with procedures developed by the Arkansas Homeland Security Advisory Group and adopted by the division as a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) The division shall not provide reimbursement for expenses associated with training exercises except in accordance with applicable rules. (2) (A) (i) If a participating emergency jurisdiction disagrees with another participating emergency jurisdiction regarding reimbursement, the participating emergency jurisdiction asserting the dispute shall notify in writing the chief executive officer of the governing body of the participating emergency jurisdiction with which the dispute exists. (ii) The notification shall be sent by certified mail, return receipt requested. (B) (i) The participating emergency jurisdictions involved in the dispute shall make every effort to resolve the dispute within thirty (30) days of receipt of the written notice by the noncomplaining participating emergency jurisdiction. (ii) In the event that the dispute is not resolved within ninety (90) days of receipt of written notice of the dispute, either participating emergency jurisdiction may request binding arbitration. (iii) Arbitration conducted under this subdivision (f)(2)(B) shall be conducted under the commercial arbitration rules of the American Arbitration Association, as in effect on January 1, 2005.

(1) (A) A participating emergency jurisdiction receiving assistance under the statewide mutual aid system shall reimburse a participating emergency jurisdiction responding to a request for assistance for all expenses associated with providing the assistance other than regular salaries and benefits. (B) A request for reimbursement shall be made in accordance with procedures developed by the Arkansas Homeland Security Advisory Group and adopted by the division as a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (C) The division shall not provide reimbursement for expenses associated with training exercises except in accordance with applicable rules.

(A) A participating emergency jurisdiction receiving assistance under the statewide mutual aid system shall reimburse a participating emergency jurisdiction responding to a request for assistance for all expenses associated with providing the assistance other than regular salaries and benefits.

(B) A request for reimbursement shall be made in accordance with procedures developed by the Arkansas Homeland Security Advisory Group and adopted by the division as a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(C) The division shall not provide reimbursement for expenses associated with training exercises except in accordance with applicable rules.

(2) (A) (i) If a participating emergency jurisdiction disagrees with another participating emergency jurisdiction regarding reimbursement, the participating emergency jurisdiction asserting the dispute shall notify in writing the chief executive officer of the governing body of the participating emergency jurisdiction with which the dispute exists. (ii) The notification shall be sent by certified mail, return receipt requested. (B) (i) The participating emergency jurisdictions involved in the dispute shall make every effort to resolve the dispute within thirty (30) days of receipt of the written notice by the noncomplaining participating emergency jurisdiction. (ii) In the event that the dispute is not resolved within ninety (90) days of receipt of written notice of the dispute, either participating emergency jurisdiction may request binding arbitration. (iii) Arbitration conducted under this subdivision (f)(2)(B) shall be conducted under the commercial arbitration rules of the American Arbitration Association, as in effect on January 1, 2005.

(A) (i) If a participating emergency jurisdiction disagrees with another participating emergency jurisdiction regarding reimbursement, the participating emergency jurisdiction asserting the dispute shall notify in writing the chief executive officer of the governing body of the participating emergency jurisdiction with which the dispute exists. (ii) The notification shall be sent by certified mail, return receipt requested.

(i) If a participating emergency jurisdiction disagrees with another participating emergency jurisdiction regarding reimbursement, the participating emergency jurisdiction asserting the dispute shall notify in writing the chief executive officer of the governing body of the participating emergency jurisdiction with which the dispute exists.

(ii) The notification shall be sent by certified mail, return receipt requested.

(B) (i) The participating emergency jurisdictions involved in the dispute shall make every effort to resolve the dispute within thirty (30) days of receipt of the written notice by the noncomplaining participating emergency jurisdiction. (ii) In the event that the dispute is not resolved within ninety (90) days of receipt of written notice of the dispute, either participating emergency jurisdiction may request binding arbitration. (iii) Arbitration conducted under this subdivision (f)(2)(B) shall be conducted under the commercial arbitration rules of the American Arbitration Association, as in effect on January 1, 2005.

(i) The participating emergency jurisdictions involved in the dispute shall make every effort to resolve the dispute within thirty (30) days of receipt of the written notice by the noncomplaining participating emergency jurisdiction.

(ii) In the event that the dispute is not resolved within ninety (90) days of receipt of written notice of the dispute, either participating emergency jurisdiction may request binding arbitration.

(iii) Arbitration conducted under this subdivision (f)(2)(B) shall be conducted under the commercial arbitration rules of the American Arbitration Association, as in effect on January 1, 2005.

(g) (1) An emergency responder who assists a participating emergency jurisdiction that is not the emergency responder's home emergency jurisdiction and who sustains injury or death in the course of, and arising out of, the emergency responder's employment is entitled to all applicable benefits normally available from the emergency responder's home emergency jurisdiction. (2) An emergency responder may receive additional state benefits as provided by law for death in the line of duty.

(1) An emergency responder who assists a participating emergency jurisdiction that is not the emergency responder's home emergency jurisdiction and who sustains injury or death in the course of, and arising out of, the emergency responder's employment is entitled to all applicable benefits normally available from the emergency responder's home emergency jurisdiction.

(2) An emergency responder may receive additional state benefits as provided by law for death in the line of duty.

(h) (1) All activities performed under this section are deemed to be governmental functions. (2) (A) For the purposes of liability, an emergency responder acting under the operational control of a participating emergency jurisdiction requesting assistance is deemed to be an employee of the participating emergency jurisdiction requesting assistance and exercising operational control. (B) Except in cases of willful misconduct, gross negligence, or bad faith, neither the participating emergency jurisdiction providing assistance nor its employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the request of a participating emergency jurisdiction for assistance under the statewide mutual aid system.

(1) All activities performed under this section are deemed to be governmental functions.

(2) (A) For the purposes of liability, an emergency responder acting under the operational control of a participating emergency jurisdiction requesting assistance is deemed to be an employee of the participating emergency jurisdiction requesting assistance and exercising operational control. (B) Except in cases of willful misconduct, gross negligence, or bad faith, neither the participating emergency jurisdiction providing assistance nor its employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the request of a participating emergency jurisdiction for assistance under the statewide mutual aid system.

(A) For the purposes of liability, an emergency responder acting under the operational control of a participating emergency jurisdiction requesting assistance is deemed to be an employee of the participating emergency jurisdiction requesting assistance and exercising operational control.

(B) Except in cases of willful misconduct, gross negligence, or bad faith, neither the participating emergency jurisdiction providing assistance nor its employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the request of a participating emergency jurisdiction for assistance under the statewide mutual aid system.

(i) This section shall not be construed to prohibit a participating emergency jurisdiction from entering into interjurisdictional agreements with one (1) or more other emergency jurisdictions or emergency services entities and shall not affect any other agreement to which an emergency jurisdiction may be a party.

Amended by Act 2019, No. 910,§ 5898, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5897, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5896, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5895, eff. 7/1/2019.

Acts 1973, No. 511, § 12; 1985, No. 687, § 8; 1985, No. 978, § 8; A.S.A. 1947, § 11-1945; Acts 1993, No. 1049, § 7; 1999, No. 646, § 32; 2001, No. 1278, § 5; 2005, No. 1179, § 2.
Ark. Code Ann. § 12-41-207 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-207
Custody in center
Status: in_force

(a) A person who is in the justice center in the custody of a peace officer or center personnel under Arkansas law: (1) Is constructively present in Arkansas while that person is in custody in the part of the center in the other state; (2) May be prosecuted for an offense against Arkansas law without extradition of that person; and (3) May be personally served in any part of the center for a proceeding in Arkansas. (b) A person who is in the center in the custody of a peace officer or center personnel under the law of the other state: (1) Is constructively present in the other state while that person is in custody in the part of the center in Arkansas; (2) May not be prosecuted for an offense against Arkansas law without extradition of that person; and (3) May not be personally served with process in any part of the center for a proceeding in Arkansas. Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.

(a) A person who is in the justice center in the custody of a peace officer or center personnel under Arkansas law: (1) Is constructively present in Arkansas while that person is in custody in the part of the center in the other state; (2) May be prosecuted for an offense against Arkansas law without extradition of that person; and (3) May be personally served in any part of the center for a proceeding in Arkansas.

(1) Is constructively present in Arkansas while that person is in custody in the part of the center in the other state;

(2) May be prosecuted for an offense against Arkansas law without extradition of that person; and

(3) May be personally served in any part of the center for a proceeding in Arkansas.

(b) A person who is in the center in the custody of a peace officer or center personnel under the law of the other state: (1) Is constructively present in the other state while that person is in custody in the part of the center in Arkansas; (2) May not be prosecuted for an offense against Arkansas law without extradition of that person; and (3) May not be personally served with process in any part of the center for a proceeding in Arkansas.

(1) Is constructively present in the other state while that person is in custody in the part of the center in Arkansas;

(2) May not be prosecuted for an offense against Arkansas law without extradition of that person; and

(3) May not be personally served with process in any part of the center for a proceeding in Arkansas.

Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
Ark. Code Ann. § 12-8-304 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-304
Construction - Applicability of other acts
Status: in_force

(a) (1) This subchapter shall be liberally construed to accomplish the intent and purposes of this subchapter and shall be the sole authority required for the accomplishment of these purposes. (2) It shall not be necessary to comply with the general provisions of other laws dealing with public commodities and public facilities and their acquisition, construction, leasing, encumbering, or disposition if: (A) The Arkansas State Police Commission shall comply with §§ 25-4-108 and 25-4-110 before acquiring any communications equipment authorized under this subchapter; and (B) The commission submits any invitation or request for bids, quotes, or proposals and the procedures to be used in evaluating them to the State Procurement Director for review and written approval prior to any obligation being incurred by the commission or the Department of Arkansas State Police as the obligation relates to any acquisition authorized and defined by this subchapter. (b) The enumeration of any object, purpose, power, manner, method, and thing in this subchapter shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. (c) To the extent that there is a conflict between the provisions of this subchapter and §§ 12-8-101 - 12-8-107 , 12-8-110 - 12-8-112 , 12-8-114 - 12-8-116 , 12-8-118 , 12-8-119 , 12-8-201 - 12-8-205 , 12-8-213 , and 12-12-103 , the provisions of this subchapter shall govern. Acts 1985, No. 817, §§ 7, 10; A.S.A. 1947, §§ 42-474, 42-476; Acts 2005, No. 1962, § 24; 2011, No. 779, § 2.

(a) (1) This subchapter shall be liberally construed to accomplish the intent and purposes of this subchapter and shall be the sole authority required for the accomplishment of these purposes. (2) It shall not be necessary to comply with the general provisions of other laws dealing with public commodities and public facilities and their acquisition, construction, leasing, encumbering, or disposition if: (A) The Arkansas State Police Commission shall comply with §§ 25-4-108 and 25-4-110 before acquiring any communications equipment authorized under this subchapter; and (B) The commission submits any invitation or request for bids, quotes, or proposals and the procedures to be used in evaluating them to the State Procurement Director for review and written approval prior to any obligation being incurred by the commission or the Department of Arkansas State Police as the obligation relates to any acquisition authorized and defined by this subchapter.

(1) This subchapter shall be liberally construed to accomplish the intent and purposes of this subchapter and shall be the sole authority required for the accomplishment of these purposes.

(2) It shall not be necessary to comply with the general provisions of other laws dealing with public commodities and public facilities and their acquisition, construction, leasing, encumbering, or disposition if: (A) The Arkansas State Police Commission shall comply with §§ 25-4-108 and 25-4-110 before acquiring any communications equipment authorized under this subchapter; and (B) The commission submits any invitation or request for bids, quotes, or proposals and the procedures to be used in evaluating them to the State Procurement Director for review and written approval prior to any obligation being incurred by the commission or the Department of Arkansas State Police as the obligation relates to any acquisition authorized and defined by this subchapter.

(A) The Arkansas State Police Commission shall comply with §§ 25-4-108 and 25-4-110 before acquiring any communications equipment authorized under this subchapter; and

(B) The commission submits any invitation or request for bids, quotes, or proposals and the procedures to be used in evaluating them to the State Procurement Director for review and written approval prior to any obligation being incurred by the commission or the Department of Arkansas State Police as the obligation relates to any acquisition authorized and defined by this subchapter.

(b) The enumeration of any object, purpose, power, manner, method, and thing in this subchapter shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

(c) To the extent that there is a conflict between the provisions of this subchapter and §§ 12-8-101 - 12-8-107 , 12-8-110 - 12-8-112 , 12-8-114 - 12-8-116 , 12-8-118 , 12-8-119 , 12-8-201 - 12-8-205 , 12-8-213 , and 12-12-103 , the provisions of this subchapter shall govern.

Acts 1985, No. 817, §§ 7, 10; A.S.A. 1947, §§ 42-474, 42-476; Acts 2005, No. 1962, § 24; 2011, No. 779, § 2.
Ark. Code Ann. § 12-79-103 — AR Code / Title 12 / Chapter 79 / Section 12-79-103
Definitions
Status: in_force

As used in this chapter: (1) [Repealed.] (2) "Fixed facility" means any refinery, factory, storage site, assembly plant, warehouse, wholesaler, retailer, or other facility which receives, stores, processes, or ships hazardous and toxic materials; (3) "Hazardous and toxic materials" means: (A) Those substances, except natural gas, manufactured, refined, or found in their natural state which, when released into the environment, by any means, have an immediate or potential threat to human, animal, or plant life and meet other criteria established under federal regulations, guidelines, or laws defining hazardous and toxic substances in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce, and which is designated as "hazardous material" in regulations prescribed by the United States Secretary of Transportation under Title 49 of the Code of Federal Regulations; and (B) Any other substance or pollutant designated by rules of the Director of the Division of Emergency Management promulgated under this chapter; (4) "HAZMAT" means the abbreviation of "hazardous and toxic materials"; (5) "Incident" or "accident" means the spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous and toxic materials into the environment; (6) "System for notification" means those communications facilities currently existing, or that may be later established, for direction, warning, and control of emergency response and recovery forces at the federal, state, and local levels; (7) "Transport" means the movement of any hazardous and toxic material regardless of the mode of transportation from one place to another place and any loading, unloading, and storage incidental thereto; and (8) "Transporter" means any person, firm, association, partnership, corporation, or other legal entity who transports or ships in a motor vehicle, rail freight car, freight container, cargo tank, rail tank car, pipeline other than a natural gas pipeline, aircraft, vessel, or other means of transportation any hazardous and toxic materials as a common carrier, contract carrier, or carrier for private use. Amended by Act 2019, No. 315,§ 972, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5910, eff. 7/1/2019. Acts 1991, No. 917, § 3; 1999, No. 646, § 46.

As used in this chapter:

(1) [Repealed.]

(2) "Fixed facility" means any refinery, factory, storage site, assembly plant, warehouse, wholesaler, retailer, or other facility which receives, stores, processes, or ships hazardous and toxic materials;

(3) "Hazardous and toxic materials" means: (A) Those substances, except natural gas, manufactured, refined, or found in their natural state which, when released into the environment, by any means, have an immediate or potential threat to human, animal, or plant life and meet other criteria established under federal regulations, guidelines, or laws defining hazardous and toxic substances in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce, and which is designated as "hazardous material" in regulations prescribed by the United States Secretary of Transportation under Title 49 of the Code of Federal Regulations; and (B) Any other substance or pollutant designated by rules of the Director of the Division of Emergency Management promulgated under this chapter;

(A) Those substances, except natural gas, manufactured, refined, or found in their natural state which, when released into the environment, by any means, have an immediate or potential threat to human, animal, or plant life and meet other criteria established under federal regulations, guidelines, or laws defining hazardous and toxic substances in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce, and which is designated as "hazardous material" in regulations prescribed by the United States Secretary of Transportation under Title 49 of the Code of Federal Regulations; and

(B) Any other substance or pollutant designated by rules of the Director of the Division of Emergency Management promulgated under this chapter;

(4) "HAZMAT" means the abbreviation of "hazardous and toxic materials";

(5) "Incident" or "accident" means the spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous and toxic materials into the environment;

(6) "System for notification" means those communications facilities currently existing, or that may be later established, for direction, warning, and control of emergency response and recovery forces at the federal, state, and local levels;

(7) "Transport" means the movement of any hazardous and toxic material regardless of the mode of transportation from one place to another place and any loading, unloading, and storage incidental thereto; and

(8) "Transporter" means any person, firm, association, partnership, corporation, or other legal entity who transports or ships in a motor vehicle, rail freight car, freight container, cargo tank, rail tank car, pipeline other than a natural gas pipeline, aircraft, vessel, or other means of transportation any hazardous and toxic materials as a common carrier, contract carrier, or carrier for private use.

Amended by Act 2019, No. 315,§ 972, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5910, eff. 7/1/2019.

Acts 1991, No. 917, § 3; 1999, No. 646, § 46.
Ark. Code Ann. § 12-12-902 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-902
Legislative findings
Status: in_force

The General Assembly finds that sex offenders pose a high risk of reoffending after release from custody, that protecting the public from sex offenders is a primary governmental interest, that the privacy interest of persons adjudicated guilty of sex offenses is less important than the government's interest in public safety, and that the release of certain information about sex offenders to criminal justice agencies and the general public will assist in protecting the public safety. Acts 1997, No. 989, § 2.

The General Assembly finds that sex offenders pose a high risk of reoffending after release from custody, that protecting the public from sex offenders is a primary governmental interest, that the privacy interest of persons adjudicated guilty of sex offenses is less important than the government's interest in public safety, and that the release of certain information about sex offenders to criminal justice agencies and the general public will assist in protecting the public safety.

Acts 1997, No. 989, § 2.
Ark. Code Ann. § 12-75-111 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-111
Division of Emergency Management - Other powers and duties
Status: in_force

(a) The Division of Emergency Management shall, with the assistance and cooperation of other state and local government agencies: (1) Determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of an emergency; (2) Procure and pre-position supplies, medicines, materials, and equipment; (3) Promulgate standards and requirements for local and interjurisdictional emergency operations plans; (4) Periodically review local and interjurisdictional emergency operations plans; (5) Provide for mobile support units; (6) Establish and operate or assist political subdivisions, their local offices of emergency management, and interjurisdictional offices of emergency management to establish and operate training programs and programs of public information; (7) Make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter; (8) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon; (9) Establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery; (10) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency; (11) Prepare for issuance by the Governor of executive orders, proclamations, and rules as necessary or appropriate in coping with disasters; (12) Cooperate with the United States Government and any public or private agency or entity in achieving the purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and (13) Do other things necessary, incidental, or appropriate for the implementation of this chapter. (b) (1) The Division of Emergency Management shall take an integral part in the development and revision of local and interjurisdictional emergency operations plans prepared under § 12-75-118 . (2) (A) To meet the requirements of subdivision (b)(1) of this section, the Division of Emergency Management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their local offices of emergency management, interjurisdictional planning, and interjurisdictional offices of emergency management. (B) Personnel described in subdivision (b)(2)(A) of this section shall consult with political subdivisions, local offices of emergency management, and interjurisdictional offices of emergency management on a regularly scheduled basis and shall make field examinations of the area, circumstances, and conditions to which particular local and interjurisdictional emergency operations plans are intended to apply and may suggest or require revisions. (c) (1) The Division of Emergency Management shall administer and operate the Arkansas Wireless Information Network. (2) The Division of Emergency Management shall perform all functions necessary to maintain and operate the Arkansas Wireless Information Network, including without limitation: (A) Employ personnel; (B) Manage, maintain, and acquire all equipment and assets; (C) Enter into contracts and lease agreements on behalf of the Arkansas Wireless Information Network; and (D) Administer the budget, expenditures, and all funding of the Arkansas Wireless Information Network. (3) (A) The Arkansas Wireless Information Network may accept moneys from governmental and nongovernmental entities. (B) The Division of Emergency Management shall deposit moneys received under subdivision (c)(3)(A) of this section into a fund to be used for the purpose of operation, acquisition, installation, enhancement, and maintenance of the equipment of the Arkansas Wireless Information Network. (d) (1) The Division of Emergency Management shall administer the Arkansas Continuity of Operations Program. (2) The Arkansas Continuity of Operations Program shall assist state departments, boards, and commissions to: (A) Develop an emergency operations plan; (B) Maintain an emergency operations plan; and (C) Test an emergency action plan. (3) The Arkansas Continuity of Operations Program shall provide or assist a state department, board, or commission with emergency operation plan: (A) Methodology; (B) Hardware; (C) Software; (D) Training; and (E) User assistance. (4) The Division of Emergency Management may request the assistance of the Division of Information Systems in reviewing technology-related emergency operation plans. Amended by Act 2021, No. 127,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 70,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 966, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5879, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5878, eff. 7/1/2019. Amended by Act 2019, No. 702,§ 2, eff. 7/1/2019. Acts 1973, No. 511, § 5; 1977, No. 408, § 1; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 17; 2007, No. 197, § 8; 2009, No. 165, §§ 34, 35.

(a) The Division of Emergency Management shall, with the assistance and cooperation of other state and local government agencies: (1) Determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of an emergency; (2) Procure and pre-position supplies, medicines, materials, and equipment; (3) Promulgate standards and requirements for local and interjurisdictional emergency operations plans; (4) Periodically review local and interjurisdictional emergency operations plans; (5) Provide for mobile support units; (6) Establish and operate or assist political subdivisions, their local offices of emergency management, and interjurisdictional offices of emergency management to establish and operate training programs and programs of public information; (7) Make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter; (8) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon; (9) Establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery; (10) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency; (11) Prepare for issuance by the Governor of executive orders, proclamations, and rules as necessary or appropriate in coping with disasters; (12) Cooperate with the United States Government and any public or private agency or entity in achieving the purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and (13) Do other things necessary, incidental, or appropriate for the implementation of this chapter.

(1) Determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of an emergency;

(2) Procure and pre-position supplies, medicines, materials, and equipment;

(3) Promulgate standards and requirements for local and interjurisdictional emergency operations plans;

(4) Periodically review local and interjurisdictional emergency operations plans;

(5) Provide for mobile support units;

(6) Establish and operate or assist political subdivisions, their local offices of emergency management, and interjurisdictional offices of emergency management to establish and operate training programs and programs of public information;

(7) Make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this chapter;

(8) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon;

(9) Establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery;

(10) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency;

(11) Prepare for issuance by the Governor of executive orders, proclamations, and rules as necessary or appropriate in coping with disasters;

(12) Cooperate with the United States Government and any public or private agency or entity in achieving the purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and

(13) Do other things necessary, incidental, or appropriate for the implementation of this chapter.

(b) (1) The Division of Emergency Management shall take an integral part in the development and revision of local and interjurisdictional emergency operations plans prepared under § 12-75-118 . (2) (A) To meet the requirements of subdivision (b)(1) of this section, the Division of Emergency Management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their local offices of emergency management, interjurisdictional planning, and interjurisdictional offices of emergency management. (B) Personnel described in subdivision (b)(2)(A) of this section shall consult with political subdivisions, local offices of emergency management, and interjurisdictional offices of emergency management on a regularly scheduled basis and shall make field examinations of the area, circumstances, and conditions to which particular local and interjurisdictional emergency operations plans are intended to apply and may suggest or require revisions.

(1) The Division of Emergency Management shall take an integral part in the development and revision of local and interjurisdictional emergency operations plans prepared under § 12-75-118 .

(2) (A) To meet the requirements of subdivision (b)(1) of this section, the Division of Emergency Management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their local offices of emergency management, interjurisdictional planning, and interjurisdictional offices of emergency management. (B) Personnel described in subdivision (b)(2)(A) of this section shall consult with political subdivisions, local offices of emergency management, and interjurisdictional offices of emergency management on a regularly scheduled basis and shall make field examinations of the area, circumstances, and conditions to which particular local and interjurisdictional emergency operations plans are intended to apply and may suggest or require revisions.

(A) To meet the requirements of subdivision (b)(1) of this section, the Division of Emergency Management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their local offices of emergency management, interjurisdictional planning, and interjurisdictional offices of emergency management.

(B) Personnel described in subdivision (b)(2)(A) of this section shall consult with political subdivisions, local offices of emergency management, and interjurisdictional offices of emergency management on a regularly scheduled basis and shall make field examinations of the area, circumstances, and conditions to which particular local and interjurisdictional emergency operations plans are intended to apply and may suggest or require revisions.

(c) (1) The Division of Emergency Management shall administer and operate the Arkansas Wireless Information Network. (2) The Division of Emergency Management shall perform all functions necessary to maintain and operate the Arkansas Wireless Information Network, including without limitation: (A) Employ personnel; (B) Manage, maintain, and acquire all equipment and assets; (C) Enter into contracts and lease agreements on behalf of the Arkansas Wireless Information Network; and (D) Administer the budget, expenditures, and all funding of the Arkansas Wireless Information Network. (3) (A) The Arkansas Wireless Information Network may accept moneys from governmental and nongovernmental entities. (B) The Division of Emergency Management shall deposit moneys received under subdivision (c)(3)(A) of this section into a fund to be used for the purpose of operation, acquisition, installation, enhancement, and maintenance of the equipment of the Arkansas Wireless Information Network.

(1) The Division of Emergency Management shall administer and operate the Arkansas Wireless Information Network.

(2) The Division of Emergency Management shall perform all functions necessary to maintain and operate the Arkansas Wireless Information Network, including without limitation: (A) Employ personnel; (B) Manage, maintain, and acquire all equipment and assets; (C) Enter into contracts and lease agreements on behalf of the Arkansas Wireless Information Network; and (D) Administer the budget, expenditures, and all funding of the Arkansas Wireless Information Network.

(A) Employ personnel;

(B) Manage, maintain, and acquire all equipment and assets;

(C) Enter into contracts and lease agreements on behalf of the Arkansas Wireless Information Network; and

(D) Administer the budget, expenditures, and all funding of the Arkansas Wireless Information Network.

(3) (A) The Arkansas Wireless Information Network may accept moneys from governmental and nongovernmental entities. (B) The Division of Emergency Management shall deposit moneys received under subdivision (c)(3)(A) of this section into a fund to be used for the purpose of operation, acquisition, installation, enhancement, and maintenance of the equipment of the Arkansas Wireless Information Network.

(A) The Arkansas Wireless Information Network may accept moneys from governmental and nongovernmental entities.

(B) The Division of Emergency Management shall deposit moneys received under subdivision (c)(3)(A) of this section into a fund to be used for the purpose of operation, acquisition, installation, enhancement, and maintenance of the equipment of the Arkansas Wireless Information Network.

(d) (1) The Division of Emergency Management shall administer the Arkansas Continuity of Operations Program. (2) The Arkansas Continuity of Operations Program shall assist state departments, boards, and commissions to: (A) Develop an emergency operations plan; (B) Maintain an emergency operations plan; and (C) Test an emergency action plan. (3) The Arkansas Continuity of Operations Program shall provide or assist a state department, board, or commission with emergency operation plan: (A) Methodology; (B) Hardware; (C) Software; (D) Training; and (E) User assistance. (4) The Division of Emergency Management may request the assistance of the Division of Information Systems in reviewing technology-related emergency operation plans.

(1) The Division of Emergency Management shall administer the Arkansas Continuity of Operations Program.

(2) The Arkansas Continuity of Operations Program shall assist state departments, boards, and commissions to: (A) Develop an emergency operations plan; (B) Maintain an emergency operations plan; and (C) Test an emergency action plan.

(A) Develop an emergency operations plan;

(B) Maintain an emergency operations plan; and

(C) Test an emergency action plan.

(3) The Arkansas Continuity of Operations Program shall provide or assist a state department, board, or commission with emergency operation plan: (A) Methodology; (B) Hardware; (C) Software; (D) Training; and (E) User assistance.

(A) Methodology;

(B) Hardware;

(C) Software;

(D) Training; and

(E) User assistance.

(4) The Division of Emergency Management may request the assistance of the Division of Information Systems in reviewing technology-related emergency operation plans.

Amended by Act 2021, No. 127,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 70,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 966, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5879, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5878, eff. 7/1/2019.

Amended by Act 2019, No. 702,§ 2, eff. 7/1/2019.

Acts 1973, No. 511, § 5; 1977, No. 408, § 1; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 17; 2007, No. 197, § 8; 2009, No. 165, §§ 34, 35.
Ark. Code Ann. § 12-9-117 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-117
Award of pistol upon retirement or death of a certified law enforcement officer employed by the division
Status: in_force

(a) When a certified law enforcement officer employed by the Division of Law Enforcement Standards and Training or a state-funded law enforcement training academy retires from service or dies while still employed with the division or the state-funded law enforcement training academy, in recognition of and appreciation for the service of the retiring or deceased certified law enforcement officer, the division or the state-funded law enforcement training academy may award the pistol carried by the certified law enforcement officer at the time of his or her death or retirement from service to: (1) The certified law enforcement officer; or (2) The certified law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm. (b) (1) A certified law enforcement officer employed by the division or a state-funded law enforcement training academy may retain his or her pistol he or she carried at the time of his or her retirement from service. (2) If the certified law enforcement officer dies while he or she is employed by the division or a state-funded law enforcement training academy, his or her spouse may receive or retain the pistol carried by the certified law enforcement officer at the time of his or her death, if the spouse is eligible under applicable state and federal laws to possess a firearm. Amended by Act 2019, No. 910,§ 5819, eff. 7/1/2019. Amended by Act 2017, No. 845,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 183,§ 1, eff. 8/1/2017. Added by Act 2015, No. 391,§ 1, eff. 7/22/2015. See Act 2015, No. 391, § 2.

(a) When a certified law enforcement officer employed by the Division of Law Enforcement Standards and Training or a state-funded law enforcement training academy retires from service or dies while still employed with the division or the state-funded law enforcement training academy, in recognition of and appreciation for the service of the retiring or deceased certified law enforcement officer, the division or the state-funded law enforcement training academy may award the pistol carried by the certified law enforcement officer at the time of his or her death or retirement from service to: (1) The certified law enforcement officer; or (2) The certified law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

(1) The certified law enforcement officer; or

(2) The certified law enforcement officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

(b) (1) A certified law enforcement officer employed by the division or a state-funded law enforcement training academy may retain his or her pistol he or she carried at the time of his or her retirement from service. (2) If the certified law enforcement officer dies while he or she is employed by the division or a state-funded law enforcement training academy, his or her spouse may receive or retain the pistol carried by the certified law enforcement officer at the time of his or her death, if the spouse is eligible under applicable state and federal laws to possess a firearm.

(1) A certified law enforcement officer employed by the division or a state-funded law enforcement training academy may retain his or her pistol he or she carried at the time of his or her retirement from service.

(2) If the certified law enforcement officer dies while he or she is employed by the division or a state-funded law enforcement training academy, his or her spouse may receive or retain the pistol carried by the certified law enforcement officer at the time of his or her death, if the spouse is eligible under applicable state and federal laws to possess a firearm.

Amended by Act 2019, No. 910,§ 5819, eff. 7/1/2019.

Amended by Act 2017, No. 845,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 183,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 391,§ 1, eff. 7/22/2015.

See Act 2015, No. 391, § 2.
Ark. Code Ann. § 12-8-104 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-104
Director
Status: in_force

(a) (1) (A) After conferring with the members of the Arkansas State Police Commission, the Governor shall appoint a Director of the Division of Arkansas State Police who shall be the executive and administrative head of the Division of Arkansas State Police and shall receive a salary as fixed by law. (B) The Director of the Division of Arkansas State Police shall serve at the pleasure of the Governor. (C) The Director of the Division of Arkansas State Police shall report to the Secretary of the Department of Public Safety. (2) The Director of the Division of Arkansas State Police shall be of good moral character and a resident and a qualified elector of the State of Arkansas. (3) In addition to all other qualifications contained in this section, the Director of the Division of Arkansas State Police, at the time of appointment to the position of Director of the Division of Arkansas State Police, shall either: (A) Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field; (B) Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or (C) Have at least ten (10) years' experience in law enforcement. (b) The Director of the Division of Arkansas State Police shall determine the number of other officers and patrol personnel to be employed by the Division of Arkansas State Police, and they shall be paid salaries according to rank, not exceeding the salaries provided. (c) The Director of the Division of Arkansas State Police shall promulgate such rules as are necessary for the efficient operation of the Division of Arkansas State Police and for the enforcement of such duties as are prescribed in this chapter. (d) The Director of the Division of Arkansas State Police shall keep the books and records of the Division of Arkansas State Police, which shall be audited as the books and accounts of other state departments. (e) An annual report to the secretary and a biannual report to the General Assembly showing the activities, number of arrests, amounts collected by the Division of Arkansas State Police, and disposition of all cases shall be made by the Director of the Division of Arkansas State Police. (f) (1) The Director of the Division of Arkansas State Police shall have supervision and control for the purpose of discipline and proper management of all the members and employees of the Division of Arkansas State Police. (2) (A) The Director of the Division of Arkansas State Police may designate that some or all employees of the Division of Arkansas State Police be trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State of Arkansas. (B) The amount spent for training employees of the Division of Arkansas State Police under the memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-118 . (3) (A) Upon request of the Director of State Highways and Transportation, the Director of the Division of Arkansas State Police may designate certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation to be trained under the terms of the memorandum of understanding described in subdivision (f)(2) of this section. (B) The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation shall be paid by the Arkansas Department of Transportation. (g) The Director of the Division of Arkansas State Police may establish such divisions within the ranks of the Division of Arkansas State Police as he or she may deem necessary and proper. (h) Whenever in the Director of the Division of Arkansas State Police's discretion the action is necessary for the efficient operation of the Division of Arkansas State Police, the Director of the Division of Arkansas State Police may: (1) Transfer, assign, and reassign from one division to another division any member of the Division of Arkansas State Police or other employee of the Division of Arkansas State Police; or (2) (A) Subject to the approval of the commission, promote or demote in rank any member of the Division of Arkansas State Police. (B) However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons. (i) Due to the exacting and special duties of the Director of the Division of Arkansas State Police, he or she may draw an expense allowance in an amount not to exceed six hundred dollars ($600) per month. (j) (1) Subject to the provisions of subsection (f) of this section, the Director of the Division of Arkansas State Police may negotiate the terms of a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws. (2) (A) The memorandum of understanding described in subdivision (j)(1) of this section must be signed on behalf of the State of Arkansas by the Director of the Division of Arkansas State Police, the Governor, and the Director of the Division of Law Enforcement Standards and Training. (B) Prior to the signing provided for by subdivision (j)(2)(A) of this section, the memorandum of understanding shall be reviewed by the Legislative Council. (k) The Director of the Division of Arkansas State Police shall implement or assist other entities to develop and implement a public service campaign concerning racial profiling and may utilize brochures, flyers, or public service announcements. Amended by Act 2019, No. 910,§ 5760, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 15, eff. 8/1/2017. Acts 1945, No. 231, §§ 4, 14, 21; 1968 (1st Ex. Sess.), No. 65, § 1; A.S.A. 1947, §§ 42-404, 42-414, 42-421; Acts 1987, No. 1037, § 13; 1989 (1st Ex. Sess.), No. 285, § 11; 2001, No. 750, § 1; 2001, No. 1697, § 2; 2005, No. 665, § 1; 2005, No. 907, § 1; 2005, No. 2136, § 2; 2007, No. 1048, § 1; 2011, No. 779, § 1.

(a) (1) (A) After conferring with the members of the Arkansas State Police Commission, the Governor shall appoint a Director of the Division of Arkansas State Police who shall be the executive and administrative head of the Division of Arkansas State Police and shall receive a salary as fixed by law. (B) The Director of the Division of Arkansas State Police shall serve at the pleasure of the Governor. (C) The Director of the Division of Arkansas State Police shall report to the Secretary of the Department of Public Safety. (2) The Director of the Division of Arkansas State Police shall be of good moral character and a resident and a qualified elector of the State of Arkansas. (3) In addition to all other qualifications contained in this section, the Director of the Division of Arkansas State Police, at the time of appointment to the position of Director of the Division of Arkansas State Police, shall either: (A) Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field; (B) Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or (C) Have at least ten (10) years' experience in law enforcement.

(1) (A) After conferring with the members of the Arkansas State Police Commission, the Governor shall appoint a Director of the Division of Arkansas State Police who shall be the executive and administrative head of the Division of Arkansas State Police and shall receive a salary as fixed by law. (B) The Director of the Division of Arkansas State Police shall serve at the pleasure of the Governor. (C) The Director of the Division of Arkansas State Police shall report to the Secretary of the Department of Public Safety.

(A) After conferring with the members of the Arkansas State Police Commission, the Governor shall appoint a Director of the Division of Arkansas State Police who shall be the executive and administrative head of the Division of Arkansas State Police and shall receive a salary as fixed by law.

(B) The Director of the Division of Arkansas State Police shall serve at the pleasure of the Governor.

(C) The Director of the Division of Arkansas State Police shall report to the Secretary of the Department of Public Safety.

(2) The Director of the Division of Arkansas State Police shall be of good moral character and a resident and a qualified elector of the State of Arkansas.

(3) In addition to all other qualifications contained in this section, the Director of the Division of Arkansas State Police, at the time of appointment to the position of Director of the Division of Arkansas State Police, shall either: (A) Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field; (B) Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or (C) Have at least ten (10) years' experience in law enforcement.

(A) Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field;

(B) Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or

(C) Have at least ten (10) years' experience in law enforcement.

(b) The Director of the Division of Arkansas State Police shall determine the number of other officers and patrol personnel to be employed by the Division of Arkansas State Police, and they shall be paid salaries according to rank, not exceeding the salaries provided.

(c) The Director of the Division of Arkansas State Police shall promulgate such rules as are necessary for the efficient operation of the Division of Arkansas State Police and for the enforcement of such duties as are prescribed in this chapter.

(d) The Director of the Division of Arkansas State Police shall keep the books and records of the Division of Arkansas State Police, which shall be audited as the books and accounts of other state departments.

(e) An annual report to the secretary and a biannual report to the General Assembly showing the activities, number of arrests, amounts collected by the Division of Arkansas State Police, and disposition of all cases shall be made by the Director of the Division of Arkansas State Police.

(f) (1) The Director of the Division of Arkansas State Police shall have supervision and control for the purpose of discipline and proper management of all the members and employees of the Division of Arkansas State Police. (2) (A) The Director of the Division of Arkansas State Police may designate that some or all employees of the Division of Arkansas State Police be trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State of Arkansas. (B) The amount spent for training employees of the Division of Arkansas State Police under the memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-118 . (3) (A) Upon request of the Director of State Highways and Transportation, the Director of the Division of Arkansas State Police may designate certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation to be trained under the terms of the memorandum of understanding described in subdivision (f)(2) of this section. (B) The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation shall be paid by the Arkansas Department of Transportation.

(1) The Director of the Division of Arkansas State Police shall have supervision and control for the purpose of discipline and proper management of all the members and employees of the Division of Arkansas State Police.

(2) (A) The Director of the Division of Arkansas State Police may designate that some or all employees of the Division of Arkansas State Police be trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State of Arkansas. (B) The amount spent for training employees of the Division of Arkansas State Police under the memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-118 .

(A) The Director of the Division of Arkansas State Police may designate that some or all employees of the Division of Arkansas State Police be trained pursuant to a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State of Arkansas.

(B) The amount spent for training employees of the Division of Arkansas State Police under the memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security shall be paid in accordance with the provisions of § 12-8-118 .

(3) (A) Upon request of the Director of State Highways and Transportation, the Director of the Division of Arkansas State Police may designate certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation to be trained under the terms of the memorandum of understanding described in subdivision (f)(2) of this section. (B) The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation shall be paid by the Arkansas Department of Transportation.

(A) Upon request of the Director of State Highways and Transportation, the Director of the Division of Arkansas State Police may designate certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation to be trained under the terms of the memorandum of understanding described in subdivision (f)(2) of this section.

(B) The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas Department of Transportation shall be paid by the Arkansas Department of Transportation.

(g) The Director of the Division of Arkansas State Police may establish such divisions within the ranks of the Division of Arkansas State Police as he or she may deem necessary and proper.

(h) Whenever in the Director of the Division of Arkansas State Police's discretion the action is necessary for the efficient operation of the Division of Arkansas State Police, the Director of the Division of Arkansas State Police may: (1) Transfer, assign, and reassign from one division to another division any member of the Division of Arkansas State Police or other employee of the Division of Arkansas State Police; or (2) (A) Subject to the approval of the commission, promote or demote in rank any member of the Division of Arkansas State Police. (B) However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons.

(1) Transfer, assign, and reassign from one division to another division any member of the Division of Arkansas State Police or other employee of the Division of Arkansas State Police; or

(2) (A) Subject to the approval of the commission, promote or demote in rank any member of the Division of Arkansas State Police. (B) However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons.

(A) Subject to the approval of the commission, promote or demote in rank any member of the Division of Arkansas State Police.

(B) However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons.

(i) Due to the exacting and special duties of the Director of the Division of Arkansas State Police, he or she may draw an expense allowance in an amount not to exceed six hundred dollars ($600) per month.

(j) (1) Subject to the provisions of subsection (f) of this section, the Director of the Division of Arkansas State Police may negotiate the terms of a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws. (2) (A) The memorandum of understanding described in subdivision (j)(1) of this section must be signed on behalf of the State of Arkansas by the Director of the Division of Arkansas State Police, the Governor, and the Director of the Division of Law Enforcement Standards and Training. (B) Prior to the signing provided for by subdivision (j)(2)(A) of this section, the memorandum of understanding shall be reviewed by the Legislative Council.

(1) Subject to the provisions of subsection (f) of this section, the Director of the Division of Arkansas State Police may negotiate the terms of a memorandum of understanding between the State of Arkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws.

(2) (A) The memorandum of understanding described in subdivision (j)(1) of this section must be signed on behalf of the State of Arkansas by the Director of the Division of Arkansas State Police, the Governor, and the Director of the Division of Law Enforcement Standards and Training. (B) Prior to the signing provided for by subdivision (j)(2)(A) of this section, the memorandum of understanding shall be reviewed by the Legislative Council.

(A) The memorandum of understanding described in subdivision (j)(1) of this section must be signed on behalf of the State of Arkansas by the Director of the Division of Arkansas State Police, the Governor, and the Director of the Division of Law Enforcement Standards and Training.

(B) Prior to the signing provided for by subdivision (j)(2)(A) of this section, the memorandum of understanding shall be reviewed by the Legislative Council.

(k) The Director of the Division of Arkansas State Police shall implement or assist other entities to develop and implement a public service campaign concerning racial profiling and may utilize brochures, flyers, or public service announcements.

Amended by Act 2019, No. 910,§ 5760, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 15, eff. 8/1/2017.

Acts 1945, No. 231, §§ 4, 14, 21; 1968 (1st Ex. Sess.), No. 65, § 1; A.S.A. 1947, §§ 42-404, 42-414, 42-421; Acts 1987, No. 1037, § 13; 1989 (1st Ex. Sess.), No. 285, § 11; 2001, No. 750, § 1; 2001, No. 1697, § 2; 2005, No. 665, § 1; 2005, No. 907, § 1; 2005, No. 2136, § 2; 2007, No. 1048, § 1; 2011, No. 779, § 1.
Ark. Code Ann. § 12-12-219 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-219
Records of local and regional detention facilities
Status: in_force

(a) (1) The Arkansas Crime Information Center shall permit and encourage the entry of data by a local or regional detention facility, such as a county jail, into a database maintained by the center and accessible by an entity as determined by the Supervisory Board for the Arkansas Crime Information Center. (2) Data provided by a regional detention facility shall facilitate analysis of inmate populations in local detention facilities, including, but not limited to: (A) Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and (B) The types and number of offenses for which the inmates are being housed in the local or regional detention facility. (b) The types of data entered into a database under this section may include: (1) Information concerning the inmates admitted to and released from the local or regional detention facility, including without limitation: (A) The state identification number of the inmate; (B) The offenses the inmates committed or were accused of committing; and (C) The dates the inmates were both taken into custody and released; (2) (A) A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility. (B) The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and (3) Any other data that that would be of assistance to a law enforcement agency, state agency, legislative committee, academic researcher, or other entity permitted to access the data. (c) The center shall promulgate rules necessary to implement this section. Added by Act 2017, No. 423,§ 9, eff. 8/1/2017.

(a) (1) The Arkansas Crime Information Center shall permit and encourage the entry of data by a local or regional detention facility, such as a county jail, into a database maintained by the center and accessible by an entity as determined by the Supervisory Board for the Arkansas Crime Information Center. (2) Data provided by a regional detention facility shall facilitate analysis of inmate populations in local detention facilities, including, but not limited to: (A) Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and (B) The types and number of offenses for which the inmates are being housed in the local or regional detention facility.

(1) The Arkansas Crime Information Center shall permit and encourage the entry of data by a local or regional detention facility, such as a county jail, into a database maintained by the center and accessible by an entity as determined by the Supervisory Board for the Arkansas Crime Information Center.

(2) Data provided by a regional detention facility shall facilitate analysis of inmate populations in local detention facilities, including, but not limited to: (A) Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and (B) The types and number of offenses for which the inmates are being housed in the local or regional detention facility.

(A) Local or regional detention facility inmate population, including the number of inmates currently housed over the recognized maximum capacity of the local or regional detention facility; and

(B) The types and number of offenses for which the inmates are being housed in the local or regional detention facility.

(b) The types of data entered into a database under this section may include: (1) Information concerning the inmates admitted to and released from the local or regional detention facility, including without limitation: (A) The state identification number of the inmate; (B) The offenses the inmates committed or were accused of committing; and (C) The dates the inmates were both taken into custody and released; (2) (A) A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility. (B) The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and (3) Any other data that that would be of assistance to a law enforcement agency, state agency, legislative committee, academic researcher, or other entity permitted to access the data.

(1) Information concerning the inmates admitted to and released from the local or regional detention facility, including without limitation: (A) The state identification number of the inmate; (B) The offenses the inmates committed or were accused of committing; and (C) The dates the inmates were both taken into custody and released;

(A) The state identification number of the inmate;

(B) The offenses the inmates committed or were accused of committing; and

(C) The dates the inmates were both taken into custody and released;

(2) (A) A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility. (B) The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and

(A) A record of any mental health screening of an inmate administered by a law enforcement agency or healthcare facility.

(B) The results of a mental health screening administered by a law enforcement agency or healthcare facility may be entered into the database as permitted by state or federal law; and

(3) Any other data that that would be of assistance to a law enforcement agency, state agency, legislative committee, academic researcher, or other entity permitted to access the data.

(c) The center shall promulgate rules necessary to implement this section.

Added by Act 2017, No. 423,§ 9, eff. 8/1/2017.
Ark. Code Ann. § 12-27-104 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-104
Board of Corrections - Members - Records - Staff
Status: in_force

(a) The Board of Corrections shall be composed of seven (7) voting members: (1) Five (5) citizen members; (2) The Chair of the Post-Prison Transfer Board; and (3) One (1) member of a criminal justice faculty who is employed at any four-year university in Arkansas. (b) The Board of Corrections shall elect a chair annually in accordance with rules developed by the Board of Corrections. (c) (1) All members of the Board of Corrections shall serve a term of seven (7) years, unless they resign or are removed. (2) Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed. (3) Members shall serve until their replacements are appointed. (4) The Governor shall appoint those members not determined by virtue of their office when vacancies occur. (d) (1) (A) A member of the Board of Corrections may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) However, a member shall receive a per diem stipend and reimbursement for expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections, the Division of Correction, the Division of Community Correction, and the Arkansas Correctional School District for up to an annual average of seven (7) days per month. (C) The reimbursement for use of private airplanes shall be in accordance with state travel rules. (D) A public university employee or other state employee who serves on the Board of Corrections is allowed to receive a per diem stipend and reimbursement of expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections. (2) All expenses that may be reimbursed to members of the Board of Corrections and stipends as provided in § 25-16-901 et seq. shall be payable from the maintenance funds appropriated for the Division of Correction and the Division of Community Correction. (e) The Governor shall appoint an advisory judicial group to facilitate coordination among the judicial system, the Division of Correction, and the Division of Community Correction to promote the effective and efficient use of correctional resources in furtherance of sentencing policy adopted by the General Assembly. (f) The Board of Corrections, in cooperation with the Governor, may establish additional advisory groups composed of professionals from the criminal justice system and citizens representing specific criminal justice interest groups to assist the Board of Corrections in its charge. (g) The Board of Corrections shall meet no less than quarterly. (h) The Board of Corrections shall submit to the Governor and the General Assembly a biennial report six (6) months prior to the convening of the regular session. (i) (1) The Board of Corrections shall keep regular minutes of all its meetings, visits, and proceedings and shall cause the minutes, together with all orders and rules adopted by it, to be recorded in a book which shall be kept by the secretary of the Board of Corrections for that purpose. (2) The record shall be signed by the members of the Board of Corrections present at the meeting or visit and shall at all times be open to the inspection of the Governor or any member of the General Assembly. (j) (1) The Board of Corrections shall employ necessary staff to assist with the range and diversity of the charge of the Board of Corrections. (2) In addition to Board of Corrections staff, the Board of Corrections may reassign staff from the divisions it governs for either short-term or long-term service to the Board of Corrections. Amended by Act 2023, No. 659,§ 76, eff. 1/1/2024. Amended by Act 2021, No. 493,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 880, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 879, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 734, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 733, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 732, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 731, eff. 7/1/2019. Acts 1893, No. 76, § 46, p. 121; C. & M. Dig., § 9719; Acts 1919, No. 482, § 4; Pope's Dig., § 12750; Acts 1968 (1st Ex. Sess.), No. 50, § 2; 1975, No. 378, § 12; 1979, No. 661, § 1; 1979, No. 918, § 1; 1980 (1st Ex. Sess.), No. 37, § 1; 1985, No. 734, § 1; A.S.A. 1947, §§ 7-203.2, 46-101, 46-102; Acts 1989, No. 708, § 1; 1989, No. 937, § 4; 1993, No. 549, § 3; 1994 (2nd Ex. Sess.), No. 26, § 1; 1997, No. 250, § 71; 2009, No. 958, § 1; 2009, No. 962, § 29.

(a) The Board of Corrections shall be composed of seven (7) voting members: (1) Five (5) citizen members; (2) The Chair of the Post-Prison Transfer Board; and (3) One (1) member of a criminal justice faculty who is employed at any four-year university in Arkansas.

(1) Five (5) citizen members;

(2) The Chair of the Post-Prison Transfer Board; and

(3) One (1) member of a criminal justice faculty who is employed at any four-year university in Arkansas.

(b) The Board of Corrections shall elect a chair annually in accordance with rules developed by the Board of Corrections.

(c) (1) All members of the Board of Corrections shall serve a term of seven (7) years, unless they resign or are removed. (2) Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed. (3) Members shall serve until their replacements are appointed. (4) The Governor shall appoint those members not determined by virtue of their office when vacancies occur.

(1) All members of the Board of Corrections shall serve a term of seven (7) years, unless they resign or are removed.

(2) Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed.

(3) Members shall serve until their replacements are appointed.

(4) The Governor shall appoint those members not determined by virtue of their office when vacancies occur.

(d) (1) (A) A member of the Board of Corrections may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) However, a member shall receive a per diem stipend and reimbursement for expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections, the Division of Correction, the Division of Community Correction, and the Arkansas Correctional School District for up to an annual average of seven (7) days per month. (C) The reimbursement for use of private airplanes shall be in accordance with state travel rules. (D) A public university employee or other state employee who serves on the Board of Corrections is allowed to receive a per diem stipend and reimbursement of expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections. (2) All expenses that may be reimbursed to members of the Board of Corrections and stipends as provided in § 25-16-901 et seq. shall be payable from the maintenance funds appropriated for the Division of Correction and the Division of Community Correction.

(1) (A) A member of the Board of Corrections may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (B) However, a member shall receive a per diem stipend and reimbursement for expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections, the Division of Correction, the Division of Community Correction, and the Arkansas Correctional School District for up to an annual average of seven (7) days per month. (C) The reimbursement for use of private airplanes shall be in accordance with state travel rules. (D) A public university employee or other state employee who serves on the Board of Corrections is allowed to receive a per diem stipend and reimbursement of expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections.

(A) A member of the Board of Corrections may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(B) However, a member shall receive a per diem stipend and reimbursement for expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections, the Division of Correction, the Division of Community Correction, and the Arkansas Correctional School District for up to an annual average of seven (7) days per month.

(C) The reimbursement for use of private airplanes shall be in accordance with state travel rules.

(D) A public university employee or other state employee who serves on the Board of Corrections is allowed to receive a per diem stipend and reimbursement of expenses for both official meetings and related activities associated with attending to the business of the Board of Corrections.

(2) All expenses that may be reimbursed to members of the Board of Corrections and stipends as provided in § 25-16-901 et seq. shall be payable from the maintenance funds appropriated for the Division of Correction and the Division of Community Correction.

(e) The Governor shall appoint an advisory judicial group to facilitate coordination among the judicial system, the Division of Correction, and the Division of Community Correction to promote the effective and efficient use of correctional resources in furtherance of sentencing policy adopted by the General Assembly.

(f) The Board of Corrections, in cooperation with the Governor, may establish additional advisory groups composed of professionals from the criminal justice system and citizens representing specific criminal justice interest groups to assist the Board of Corrections in its charge.

(g) The Board of Corrections shall meet no less than quarterly.

(h) The Board of Corrections shall submit to the Governor and the General Assembly a biennial report six (6) months prior to the convening of the regular session.

(i) (1) The Board of Corrections shall keep regular minutes of all its meetings, visits, and proceedings and shall cause the minutes, together with all orders and rules adopted by it, to be recorded in a book which shall be kept by the secretary of the Board of Corrections for that purpose. (2) The record shall be signed by the members of the Board of Corrections present at the meeting or visit and shall at all times be open to the inspection of the Governor or any member of the General Assembly.

(1) The Board of Corrections shall keep regular minutes of all its meetings, visits, and proceedings and shall cause the minutes, together with all orders and rules adopted by it, to be recorded in a book which shall be kept by the secretary of the Board of Corrections for that purpose.

(2) The record shall be signed by the members of the Board of Corrections present at the meeting or visit and shall at all times be open to the inspection of the Governor or any member of the General Assembly.

(j) (1) The Board of Corrections shall employ necessary staff to assist with the range and diversity of the charge of the Board of Corrections. (2) In addition to Board of Corrections staff, the Board of Corrections may reassign staff from the divisions it governs for either short-term or long-term service to the Board of Corrections.

(1) The Board of Corrections shall employ necessary staff to assist with the range and diversity of the charge of the Board of Corrections.

(2) In addition to Board of Corrections staff, the Board of Corrections may reassign staff from the divisions it governs for either short-term or long-term service to the Board of Corrections.

Amended by Act 2023, No. 659,§ 76, eff. 1/1/2024.

Amended by Act 2021, No. 493,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 880, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 879, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 734, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 733, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 732, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 731, eff. 7/1/2019.

Acts 1893, No. 76, § 46, p. 121; C. & M. Dig., § 9719; Acts 1919, No. 482, § 4; Pope's Dig., § 12750; Acts 1968 (1st Ex. Sess.), No. 50, § 2; 1975, No. 378, § 12; 1979, No. 661, § 1; 1979, No. 918, § 1; 1980 (1st Ex. Sess.), No. 37, § 1; 1985, No. 734, § 1; A.S.A. 1947, §§ 7-203.2, 46-101, 46-102; Acts 1989, No. 708, § 1; 1989, No. 937, § 4; 1993, No. 549, § 3; 1994 (2nd Ex. Sess.), No. 26, § 1; 1997, No. 250, § 71; 2009, No. 958, § 1; 2009, No. 962, § 29.
Ark. Code Ann. § 12-12-1507 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1507
Administration
Status: in_force

(a) (1) Release of criminal history information under this subchapter shall be made only by the Identification Bureau of the Division of Arkansas State Police and the Arkansas Crime Information Center as authorized by law. (2) The Division of Arkansas State Police and the center may adopt rules consistent with the provisions and intent of this subchapter. (b) The division and the center may contract with the Information Network of Arkansas under the Information Network of Arkansas Act, § 25-27-101 et seq., or any other qualified third-party vendor in the establishment of the gateway or means of electronically processing transactions under this subchapter. (c) (1) The division shall not process a request for a Federal Bureau of Investigation background check unless a corresponding state background check through the Identification Bureau of the Division of Arkansas State Police has also been properly requested pursuant to this subchapter. (2) The requirements of subdivision (c)(1) of this section may be waived upon written authorization of the Director of the Division of Arkansas State Police. (d) The Division of Arkansas State Police automated fingerprint identification system may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made. (e) A background check request for a noncriminal justice purpose that must be completed under state or federal law through the division shall be submitted to the division by electronic means through the Online Criminal Background Check System. Amended by Act 2021, No. 630,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 870, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5858, eff. 7/1/2019. Acts 2003 (1st Ex. Sess.), No. 63, § 7; 2005, No. 1573, § 5; 2009, No. 168, § 2.

(a) (1) Release of criminal history information under this subchapter shall be made only by the Identification Bureau of the Division of Arkansas State Police and the Arkansas Crime Information Center as authorized by law. (2) The Division of Arkansas State Police and the center may adopt rules consistent with the provisions and intent of this subchapter.

(1) Release of criminal history information under this subchapter shall be made only by the Identification Bureau of the Division of Arkansas State Police and the Arkansas Crime Information Center as authorized by law.

(2) The Division of Arkansas State Police and the center may adopt rules consistent with the provisions and intent of this subchapter.

(b) The division and the center may contract with the Information Network of Arkansas under the Information Network of Arkansas Act, § 25-27-101 et seq., or any other qualified third-party vendor in the establishment of the gateway or means of electronically processing transactions under this subchapter.

(c) (1) The division shall not process a request for a Federal Bureau of Investigation background check unless a corresponding state background check through the Identification Bureau of the Division of Arkansas State Police has also been properly requested pursuant to this subchapter. (2) The requirements of subdivision (c)(1) of this section may be waived upon written authorization of the Director of the Division of Arkansas State Police.

(1) The division shall not process a request for a Federal Bureau of Investigation background check unless a corresponding state background check through the Identification Bureau of the Division of Arkansas State Police has also been properly requested pursuant to this subchapter.

(2) The requirements of subdivision (c)(1) of this section may be waived upon written authorization of the Director of the Division of Arkansas State Police.

(d) The Division of Arkansas State Police automated fingerprint identification system may access and use the National Fingerprint File and Interstate Identification Index as provided by the Federal Bureau of Investigation when the Arkansas Code authorizes a fingerprint-based Federal Bureau of Investigation check for a noncriminal justice purpose and a positive identification based on fingerprints is made.

(e) A background check request for a noncriminal justice purpose that must be completed under state or federal law through the division shall be submitted to the division by electronic means through the Online Criminal Background Check System.

Amended by Act 2021, No. 630,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 870, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5858, eff. 7/1/2019.

Acts 2003 (1st Ex. Sess.), No. 63, § 7; 2005, No. 1573, § 5; 2009, No. 168, § 2.
Ark. Code Ann. § 12-75-109 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-109
Division of Emergency Management - Establishment - Personnel
Status: in_force

(a) The Division of Emergency Management is established as a public safety agency of the State of Arkansas. (b) (1) The division shall have a Director of the Division of Emergency Management who is appointed by the Governor, with the advice and consent of the Senate, and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety. (c) (1) The division shall have such professional, technical, secretarial, and clerical employees and may make such expenditures within its appropriations or from any federal or other funds made available to it from any source whatsoever for the purpose of emergency services, as may be necessary to carry out the purposes of this chapter. (2) All such employees shall be in job positions as approved by the secretary and the Office of Personnel Management. (d) (1) There is created within the division an emergency reserve cadre to be composed of trained and available specialists to assist regular employees during declared disaster response and recovery operations. (2) The director shall establish training and professional standards required to supplement state personnel based on state and federal disaster recovery program needs and shall establish a list of persons with those qualifications and make available to emergency reserve cadre personnel such additional training and education opportunities as may be needed to maintain currency and proficiency in the needed skills. (3) (A) Emergency reserve cadre personnel shall be reimbursed at the current state classified entry level salary rate for the position they are temporarily employed to fill and meet such additional training, experience, and qualifications as established by the director for the grade level of the position for which they are employed. (B) Emergency reserve cadre personnel shall: (i) Be paid from disaster management funds or administrative funds, or both; (ii) Be limited to salary, logistical, and travel expenses only; and (iii) Not accrue ordinary leave, sick leave, or other employee benefits except for workers' compensation eligibility for injuries or death suffered in the line of duty. (4) (A) Emergency reserve cadre personnel may be called to active duty upon declaration of a disaster emergency as stipulated in this chapter or the Disaster Relief Act of 1974, Pub. L. No. 93-288, or both, or by executive order of the Governor upon recommendation by the director for due cause or pending emergency needs or for disaster-related assistance to the division as determined by the director and shall remain on active duty no longer than the maximum allowed by the office for part-time employment status. (B) Based on the size, impact, and magnitude of the disaster event, the director shall determine the minimum number of emergency reserve cadre personnel required to effectively supplement regular state emergency management personnel. (5) While in service described in subdivision (d)(4)(A) of this section, the emergency reserve cadre personnel have the same immunities as regular state employees for good faith performance of their designated and assigned official duties under state sovereignty laws and practices. Amended by Act 2019, No. 910,§ 5875, eff. 7/1/2019. Amended by Act 2013, No. 169,§ 2, eff. 2/26/2013. Acts 1973, No. 511, § 5; 1977, No. 408, § 1; 1985, No. 687, § 4; 1985, No. 978, § 4; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 15; 2001, No. 1278, § 3; 2007, No. 197, § 6; 2009, No. 165, § 31.

(a) The Division of Emergency Management is established as a public safety agency of the State of Arkansas.

(b) (1) The division shall have a Director of the Division of Emergency Management who is appointed by the Governor, with the advice and consent of the Senate, and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety.

(1) The division shall have a Director of the Division of Emergency Management who is appointed by the Governor, with the advice and consent of the Senate, and who shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Public Safety.

(c) (1) The division shall have such professional, technical, secretarial, and clerical employees and may make such expenditures within its appropriations or from any federal or other funds made available to it from any source whatsoever for the purpose of emergency services, as may be necessary to carry out the purposes of this chapter. (2) All such employees shall be in job positions as approved by the secretary and the Office of Personnel Management.

(1) The division shall have such professional, technical, secretarial, and clerical employees and may make such expenditures within its appropriations or from any federal or other funds made available to it from any source whatsoever for the purpose of emergency services, as may be necessary to carry out the purposes of this chapter.

(2) All such employees shall be in job positions as approved by the secretary and the Office of Personnel Management.

(d) (1) There is created within the division an emergency reserve cadre to be composed of trained and available specialists to assist regular employees during declared disaster response and recovery operations. (2) The director shall establish training and professional standards required to supplement state personnel based on state and federal disaster recovery program needs and shall establish a list of persons with those qualifications and make available to emergency reserve cadre personnel such additional training and education opportunities as may be needed to maintain currency and proficiency in the needed skills. (3) (A) Emergency reserve cadre personnel shall be reimbursed at the current state classified entry level salary rate for the position they are temporarily employed to fill and meet such additional training, experience, and qualifications as established by the director for the grade level of the position for which they are employed. (B) Emergency reserve cadre personnel shall: (i) Be paid from disaster management funds or administrative funds, or both; (ii) Be limited to salary, logistical, and travel expenses only; and (iii) Not accrue ordinary leave, sick leave, or other employee benefits except for workers' compensation eligibility for injuries or death suffered in the line of duty. (4) (A) Emergency reserve cadre personnel may be called to active duty upon declaration of a disaster emergency as stipulated in this chapter or the Disaster Relief Act of 1974, Pub. L. No. 93-288, or both, or by executive order of the Governor upon recommendation by the director for due cause or pending emergency needs or for disaster-related assistance to the division as determined by the director and shall remain on active duty no longer than the maximum allowed by the office for part-time employment status. (B) Based on the size, impact, and magnitude of the disaster event, the director shall determine the minimum number of emergency reserve cadre personnel required to effectively supplement regular state emergency management personnel. (5) While in service described in subdivision (d)(4)(A) of this section, the emergency reserve cadre personnel have the same immunities as regular state employees for good faith performance of their designated and assigned official duties under state sovereignty laws and practices.

(1) There is created within the division an emergency reserve cadre to be composed of trained and available specialists to assist regular employees during declared disaster response and recovery operations.

(2) The director shall establish training and professional standards required to supplement state personnel based on state and federal disaster recovery program needs and shall establish a list of persons with those qualifications and make available to emergency reserve cadre personnel such additional training and education opportunities as may be needed to maintain currency and proficiency in the needed skills.

(3) (A) Emergency reserve cadre personnel shall be reimbursed at the current state classified entry level salary rate for the position they are temporarily employed to fill and meet such additional training, experience, and qualifications as established by the director for the grade level of the position for which they are employed. (B) Emergency reserve cadre personnel shall: (i) Be paid from disaster management funds or administrative funds, or both; (ii) Be limited to salary, logistical, and travel expenses only; and (iii) Not accrue ordinary leave, sick leave, or other employee benefits except for workers' compensation eligibility for injuries or death suffered in the line of duty.

(A) Emergency reserve cadre personnel shall be reimbursed at the current state classified entry level salary rate for the position they are temporarily employed to fill and meet such additional training, experience, and qualifications as established by the director for the grade level of the position for which they are employed.

(B) Emergency reserve cadre personnel shall: (i) Be paid from disaster management funds or administrative funds, or both; (ii) Be limited to salary, logistical, and travel expenses only; and (iii) Not accrue ordinary leave, sick leave, or other employee benefits except for workers' compensation eligibility for injuries or death suffered in the line of duty.

(i) Be paid from disaster management funds or administrative funds, or both;

(ii) Be limited to salary, logistical, and travel expenses only; and

(iii) Not accrue ordinary leave, sick leave, or other employee benefits except for workers' compensation eligibility for injuries or death suffered in the line of duty.

(4) (A) Emergency reserve cadre personnel may be called to active duty upon declaration of a disaster emergency as stipulated in this chapter or the Disaster Relief Act of 1974, Pub. L. No. 93-288, or both, or by executive order of the Governor upon recommendation by the director for due cause or pending emergency needs or for disaster-related assistance to the division as determined by the director and shall remain on active duty no longer than the maximum allowed by the office for part-time employment status. (B) Based on the size, impact, and magnitude of the disaster event, the director shall determine the minimum number of emergency reserve cadre personnel required to effectively supplement regular state emergency management personnel.

(A) Emergency reserve cadre personnel may be called to active duty upon declaration of a disaster emergency as stipulated in this chapter or the Disaster Relief Act of 1974, Pub. L. No. 93-288, or both, or by executive order of the Governor upon recommendation by the director for due cause or pending emergency needs or for disaster-related assistance to the division as determined by the director and shall remain on active duty no longer than the maximum allowed by the office for part-time employment status.

(B) Based on the size, impact, and magnitude of the disaster event, the director shall determine the minimum number of emergency reserve cadre personnel required to effectively supplement regular state emergency management personnel.

(5) While in service described in subdivision (d)(4)(A) of this section, the emergency reserve cadre personnel have the same immunities as regular state employees for good faith performance of their designated and assigned official duties under state sovereignty laws and practices.

Amended by Act 2019, No. 910,§ 5875, eff. 7/1/2019.

Amended by Act 2013, No. 169,§ 2, eff. 2/26/2013.

Acts 1973, No. 511, § 5; 1977, No. 408, § 1; 1985, No. 687, § 4; 1985, No. 978, § 4; A.S.A. 1947, § 11-1938; Acts 1999, No. 646, § 15; 2001, No. 1278, § 3; 2007, No. 197, § 6; 2009, No. 165, § 31.
Ark. Code Ann. § 12-12-1807 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1807
Penalties
Status: in_force

(a) A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation. (b) A person so injured shall be entitled to actual damages or liquidated damages of one thousand dollars ($1,000), whichever is greater, and other costs of litigation. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

(a) A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation.

(b) A person so injured shall be entitled to actual damages or liquidated damages of one thousand dollars ($1,000), whichever is greater, and other costs of litigation.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-18-803 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-803
Privileged communications as evidence - Exception
Status: in_force

(a) It is the public policy of the State of Arkansas to protect the health, safety, and the welfare of children within the state. (b) No privilege, except that between a lawyer and client or between a minister, including a Christian Science practitioner, and a person confessing to or being counseled by the minister shall prevent anyone from testifying concerning child maltreatment. (c) When a physician, psychologist, psychiatrist, or licensed counselor or therapist conducts interviews with or provides therapy to a subject of a report of suspected child maltreatment for purposes related to child maltreatment, the physician, psychologist, psychiatrist, or licensed counselor or therapist is deemed to be performing services on behalf of the child. (d) An adult subject of a report of suspected child maltreatment cannot invoke privilege on the child's behalf. Acts 2009, No. 749, § 1.

(a) It is the public policy of the State of Arkansas to protect the health, safety, and the welfare of children within the state.

(b) No privilege, except that between a lawyer and client or between a minister, including a Christian Science practitioner, and a person confessing to or being counseled by the minister shall prevent anyone from testifying concerning child maltreatment.

(c) When a physician, psychologist, psychiatrist, or licensed counselor or therapist conducts interviews with or provides therapy to a subject of a report of suspected child maltreatment for purposes related to child maltreatment, the physician, psychologist, psychiatrist, or licensed counselor or therapist is deemed to be performing services on behalf of the child.

(d) An adult subject of a report of suspected child maltreatment cannot invoke privilege on the child's behalf.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-302 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-302
Board created - Members - Meetings
Status: in_force

(a) (1) There is created a State Crime Laboratory Board. (2) (A) The members of the board shall be appointed by the Governor and confirmed by the Senate. (B) However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate. (b) The members appointed by the Governor shall be composed of: (1) One (1) member of the active judiciary; (2) One (1) practicing member of the legal profession; (3) One (1) active county sheriff; (4) One (1) active chief of police; (5) One (1) active prosecuting attorney; (6) Two (2) physicians engaged in the active practice of private or academic medicine; and (7) One (1) member at large from the state. (c) (1) Appointments to the board shall be for a term of seven (7) years. (2) (A) All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term. (B) If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment. (d) (1) The board shall meet and elect one (1) of its members as chair and one (1) as vice chair. (2) The chair shall have the power to call meetings of the board upon due notice of the meeting to all members of the board. (e) A majority of the members of the board shall constitute a quorum to transact the business of the board. (f) The board shall meet a minimum of one (1) time every three (3) months. Failure of any appointee to attend three (3) consecutive meetings shall constitute cause for removal from the board by the Governor. (g) Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. The sums shall be paid from the appropriated maintenance and general operations funds of the State Crime Laboratory. Amended by Act 2023, No. 794,§ 14, eff. 4/12/2023. Acts 1991, No. 383, § 2; 1997, No. 250, § 67; 2011, No. 219, § 1.

(a) (1) There is created a State Crime Laboratory Board. (2) (A) The members of the board shall be appointed by the Governor and confirmed by the Senate. (B) However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate.

(1) There is created a State Crime Laboratory Board.

(2) (A) The members of the board shall be appointed by the Governor and confirmed by the Senate. (B) However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate.

(A) The members of the board shall be appointed by the Governor and confirmed by the Senate.

(B) However, a vacancy may be temporarily filled by the Governor subject to confirmation of the Senate.

(b) The members appointed by the Governor shall be composed of: (1) One (1) member of the active judiciary; (2) One (1) practicing member of the legal profession; (3) One (1) active county sheriff; (4) One (1) active chief of police; (5) One (1) active prosecuting attorney; (6) Two (2) physicians engaged in the active practice of private or academic medicine; and (7) One (1) member at large from the state.

(1) One (1) member of the active judiciary;

(2) One (1) practicing member of the legal profession;

(3) One (1) active county sheriff;

(4) One (1) active chief of police;

(5) One (1) active prosecuting attorney;

(6) Two (2) physicians engaged in the active practice of private or academic medicine; and

(7) One (1) member at large from the state.

(c) (1) Appointments to the board shall be for a term of seven (7) years. (2) (A) All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term. (B) If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment.

(1) Appointments to the board shall be for a term of seven (7) years.

(2) (A) All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term. (B) If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment.

(A) All appointments made at any time other than the day following the expiration of a term shall be made for the unexpired portion of the term.

(B) If, however, the Governor shall not make an appointment by January 15 of the year in which the term expires, that member shall continue to serve until he or she is reappointed or a successor is appointed, and the term of that member shall run for seven (7) years from January 15 in the year the term expired rather than for seven (7) years from the date of actual appointment.

(d) (1) The board shall meet and elect one (1) of its members as chair and one (1) as vice chair. (2) The chair shall have the power to call meetings of the board upon due notice of the meeting to all members of the board.

(1) The board shall meet and elect one (1) of its members as chair and one (1) as vice chair.

(2) The chair shall have the power to call meetings of the board upon due notice of the meeting to all members of the board.

(e) A majority of the members of the board shall constitute a quorum to transact the business of the board.

(f) The board shall meet a minimum of one (1) time every three (3) months. Failure of any appointee to attend three (3) consecutive meetings shall constitute cause for removal from the board by the Governor.

(g) Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. The sums shall be paid from the appropriated maintenance and general operations funds of the State Crime Laboratory.

Amended by Act 2023, No. 794,§ 14, eff. 4/12/2023.

Acts 1991, No. 383, § 2; 1997, No. 250, § 67; 2011, No. 219, § 1.
Ark. Code Ann. § 12-88-106 — AR Code / Title 12 / Chapter 88 / Section 12-88-106
Business or employee activity after disaster response period
Status: in_force

The exemptions provided under this chapter do not apply to an out-of-state business or out-of-state employee that remains in the state after a disaster response period with respect to activities conducted in this state after the disaster response period. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

The exemptions provided under this chapter do not apply to an out-of-state business or out-of-state employee that remains in the state after a disaster response period with respect to activities conducted in this state after the disaster response period.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-75-135 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-135
Unanticipated discretionary federal funds related to statewide state of disaster emergency related to public health - Definition
Status: in_force

(a) (1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly. (2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account. (3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring review and approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section. (b) As used in this section, "statewide state of disaster emergency related to public health" means a state of disaster emergency declared by the Governor under this chapter related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes: (1) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or (2) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health. (c) If the State of Arkansas receives unanticipated discretionary federal funds from the United States Government for the purposes of emergency management or disaster relief related to a statewide state of disaster emergency related to public health, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, may request that the Chief Fiscal Officer of the State submit a detailed plan for the distribution and use of the unanticipated discretionary federal funds before actual expenditures or obligations related to the unanticipated discretionary federal funds are incurred. (d) A request to the Chief Fiscal Officer of the State under subsection (c) of this section shall only be made if approved by a majority vote of a quorum present of the: (1) Legislative Council; or (2) Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session. (e) (1) Upon submitting a request under subsection (c) of this section and receiving a detailed plan for the distribution and use of the unanticipated discretionary federal funds, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, shall review the detailed plan for the distribution and use of the unanticipated discretionary federal funds within thirty (30) calendar days of the submission of the detailed plan. (2) The unanticipated discretionary federal funds shall not be distributed, expended, or otherwise obligated unless the detailed plan is approved by the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session. (3) If the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, does not review the detailed plan submitted under subsection (c) of this section within thirty (30) calendar days of its submission, the Legislative Council or Joint Budget Committee shall be considered to have approved the detailed plan for the distribution and use of the unanticipated discretionary federal funds. (f) This section is supplemental to other laws applicable to the expenditure of unanticipated discretionary federal funds received by the state and does not repeal or supersede other required actions under Arkansas law. Added by Act 2021, No. 446,§ 2, eff. 3/24/2021.

(a) (1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly. (2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account. (3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring review and approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section.

(1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly.

(2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account.

(3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring review and approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section.

(b) As used in this section, "statewide state of disaster emergency related to public health" means a state of disaster emergency declared by the Governor under this chapter related to public health if a disaster related to public health, including without limitation an infectious, contagious, and communicable disease, includes: (1) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or (2) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.

(1) At least nineteen (19) counties of the state, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health; or

(2) A total number of persons in counties under a state of disaster emergency related to public health equal to or greater than twenty-five percent (25%) of the population of the State of Arkansas according to the most recent federal decennial census, either at one (1) time or in the aggregate, if the states of disaster emergency are related to the same disaster related to public health.

(c) If the State of Arkansas receives unanticipated discretionary federal funds from the United States Government for the purposes of emergency management or disaster relief related to a statewide state of disaster emergency related to public health, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, may request that the Chief Fiscal Officer of the State submit a detailed plan for the distribution and use of the unanticipated discretionary federal funds before actual expenditures or obligations related to the unanticipated discretionary federal funds are incurred.

(d) A request to the Chief Fiscal Officer of the State under subsection (c) of this section shall only be made if approved by a majority vote of a quorum present of the: (1) Legislative Council; or (2) Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.

(1) Legislative Council; or

(2) Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.

(e) (1) Upon submitting a request under subsection (c) of this section and receiving a detailed plan for the distribution and use of the unanticipated discretionary federal funds, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, shall review the detailed plan for the distribution and use of the unanticipated discretionary federal funds within thirty (30) calendar days of the submission of the detailed plan. (2) The unanticipated discretionary federal funds shall not be distributed, expended, or otherwise obligated unless the detailed plan is approved by the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session. (3) If the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, does not review the detailed plan submitted under subsection (c) of this section within thirty (30) calendar days of its submission, the Legislative Council or Joint Budget Committee shall be considered to have approved the detailed plan for the distribution and use of the unanticipated discretionary federal funds.

(1) Upon submitting a request under subsection (c) of this section and receiving a detailed plan for the distribution and use of the unanticipated discretionary federal funds, the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, shall review the detailed plan for the distribution and use of the unanticipated discretionary federal funds within thirty (30) calendar days of the submission of the detailed plan.

(2) The unanticipated discretionary federal funds shall not be distributed, expended, or otherwise obligated unless the detailed plan is approved by the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.

(3) If the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, does not review the detailed plan submitted under subsection (c) of this section within thirty (30) calendar days of its submission, the Legislative Council or Joint Budget Committee shall be considered to have approved the detailed plan for the distribution and use of the unanticipated discretionary federal funds.

(f) This section is supplemental to other laws applicable to the expenditure of unanticipated discretionary federal funds received by the state and does not repeal or supersede other required actions under Arkansas law.

Added by Act 2021, No. 446,§ 2, eff. 3/24/2021.
Ark. Code Ann. § 12-12-316 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-316
Transportation of corpses
Status: in_force

(a) The State Crime Laboratory is authorized to transport bodies of persons whose death is subject to the provisions of this subchapter to an appropriate place for autopsy or for any other scientific tests. (b) (1) (A) The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes. (B) In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of § 12-12-315(a)(2) . (C) A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin. (2) The laboratory shall not, however, be required to provide actual transportation or the cost of transportation in excess of what would be required to return the body to the county of origin. (c) The laboratory shall provide transportation or shall bear the cost of transportation at the option of the Director of the State Crime Laboratory, but in no case shall the cost of transportation of dead bodies subject to the provisions of this subchapter be borne by the laboratory without the prior approval and authorization of the director or his or her staff. Amended by Act 2019, No. 910,§ 5849, eff. 7/1/2019. Acts 1979, No. 864, § 13; A.S.A. 1947, § 42-1215; Acts 1993, No. 1063, § 1; 1993, No. 1246, § 1.

(a) The State Crime Laboratory is authorized to transport bodies of persons whose death is subject to the provisions of this subchapter to an appropriate place for autopsy or for any other scientific tests.

(b) (1) (A) The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes. (B) In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of § 12-12-315(a)(2) . (C) A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin. (2) The laboratory shall not, however, be required to provide actual transportation or the cost of transportation in excess of what would be required to return the body to the county of origin.

(1) (A) The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes. (B) In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of § 12-12-315(a)(2) . (C) A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin.

(A) The bodies of such deceased persons shall be returned to the county from which they were brought by or at the expense of the laboratory only if the State Medical Examiner determines that the cause of death was not suicide, accidental, or from natural causes.

(B) In cases in which the examiner determines that the cause of death was suicide, accidental, or from natural causes, the expense of transporting and returning the bodies of such deceased persons shall be borne by whomever requests the laboratory to examine the cause of death, except for cases referred under the provisions of § 12-12-315(a)(2) .

(C) A body may be transported when authorized by the prosecuting attorney, circuit court, county sheriff, or chief of police, or upon the request of the next of kin of the deceased or the persons who may be responsible for burial, to a place other than the county of origin.

(2) The laboratory shall not, however, be required to provide actual transportation or the cost of transportation in excess of what would be required to return the body to the county of origin.

(c) The laboratory shall provide transportation or shall bear the cost of transportation at the option of the Director of the State Crime Laboratory, but in no case shall the cost of transportation of dead bodies subject to the provisions of this subchapter be borne by the laboratory without the prior approval and authorization of the director or his or her staff.

Amended by Act 2019, No. 910,§ 5849, eff. 7/1/2019.

Acts 1979, No. 864, § 13; A.S.A. 1947, § 42-1215; Acts 1993, No. 1063, § 1; 1993, No. 1246, § 1.
Ark. Code Ann. § 12-61-305 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-305
Assignments
Status: in_force

All officers and enlisted personnel of the organized militia not otherwise assigned may be assigned to the Arkansas State Defense Force for such time and in such manner as prescribed by rules promulgated by the Governor as he or she deems necessary. Amended by Act 2019, No. 315,§ 931, eff. 7/24/2019. Acts 1969, No. 50, § 44; 1985, No. 670, § 6; A.S.A. 1947, § 11-505.

All officers and enlisted personnel of the organized militia not otherwise assigned may be assigned to the Arkansas State Defense Force for such time and in such manner as prescribed by rules promulgated by the Governor as he or she deems necessary.

Amended by Act 2019, No. 315,§ 931, eff. 7/24/2019.

Acts 1969, No. 50, § 44; 1985, No. 670, § 6; A.S.A. 1947, § 11-505.
Ark. Code Ann. § 12-9-103 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-103
Commission created - Members - Meetings - Director
Status: in_force

(a) The members of the Arkansas Commission on Law Enforcement Standards and Training shall consist of ten (10) members, to be appointed by the Governor with the advice and approval of the Senate. (b) (1) (A) Two (2) members of the commission shall be chiefs of police of municipalities in Arkansas, two (2) members of the commission shall be county sheriffs of counties in this state, one (1) member shall be an officer of the Division of Arkansas State Police, two (2) members shall be appointed to represent the public, one (1) member shall be an educator in the field of criminal justice, and one (1) member shall represent the Arkansas Municipal Police Association. (B) Each congressional district of the state shall be represented on the commission, with the remaining members to be appointed from the state at large. (2) (A) One (1) member shall not be actively engaged in or retired from law enforcement. (B) The member under subdivision (b)(2)(A) of this section shall be: (i) At least sixty (60) years of age and shall represent the elderly; (ii) Appointed from the state at large subject to confirmation by the Senate; and (iii) A full voting member. (c) Members shall be appointed for terms of seven (7) years or until their successors are appointed and qualified. (d) If a vacancy occurs on the commission due to death, resignation, or for other reason, the vacancy shall be filled by appointment by the Governor, in the same manner as provided for the initial appointment for the position, for the remainder of the unexpired portion of the term thereof. (e) Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) The commission shall meet at such times as may be provided by the rules of the commission, or upon call of the chair, or upon written request of any four (4) members. (g) (1) Upon recommendation of the commission, the Governor shall appoint the Director of the Division of Law Enforcement Standards and Training, who shall perform such duties as may be directed by the commission and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety. Amended by Act 2019, No. 910,§ 5811, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5810, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 2, eff. 8/1/2017. Acts 1981, No. 45, § 7; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 42-701.1; Acts 1993, No. 109, § 1; 1997, No. 250, § 65; 2009, No. 205, § 1; 2011, No. 283, § 1.

(a) The members of the Arkansas Commission on Law Enforcement Standards and Training shall consist of ten (10) members, to be appointed by the Governor with the advice and approval of the Senate.

(b) (1) (A) Two (2) members of the commission shall be chiefs of police of municipalities in Arkansas, two (2) members of the commission shall be county sheriffs of counties in this state, one (1) member shall be an officer of the Division of Arkansas State Police, two (2) members shall be appointed to represent the public, one (1) member shall be an educator in the field of criminal justice, and one (1) member shall represent the Arkansas Municipal Police Association. (B) Each congressional district of the state shall be represented on the commission, with the remaining members to be appointed from the state at large. (2) (A) One (1) member shall not be actively engaged in or retired from law enforcement. (B) The member under subdivision (b)(2)(A) of this section shall be: (i) At least sixty (60) years of age and shall represent the elderly; (ii) Appointed from the state at large subject to confirmation by the Senate; and (iii) A full voting member.

(1) (A) Two (2) members of the commission shall be chiefs of police of municipalities in Arkansas, two (2) members of the commission shall be county sheriffs of counties in this state, one (1) member shall be an officer of the Division of Arkansas State Police, two (2) members shall be appointed to represent the public, one (1) member shall be an educator in the field of criminal justice, and one (1) member shall represent the Arkansas Municipal Police Association. (B) Each congressional district of the state shall be represented on the commission, with the remaining members to be appointed from the state at large.

(A) Two (2) members of the commission shall be chiefs of police of municipalities in Arkansas, two (2) members of the commission shall be county sheriffs of counties in this state, one (1) member shall be an officer of the Division of Arkansas State Police, two (2) members shall be appointed to represent the public, one (1) member shall be an educator in the field of criminal justice, and one (1) member shall represent the Arkansas Municipal Police Association.

(B) Each congressional district of the state shall be represented on the commission, with the remaining members to be appointed from the state at large.

(2) (A) One (1) member shall not be actively engaged in or retired from law enforcement. (B) The member under subdivision (b)(2)(A) of this section shall be: (i) At least sixty (60) years of age and shall represent the elderly; (ii) Appointed from the state at large subject to confirmation by the Senate; and (iii) A full voting member.

(A) One (1) member shall not be actively engaged in or retired from law enforcement.

(B) The member under subdivision (b)(2)(A) of this section shall be: (i) At least sixty (60) years of age and shall represent the elderly; (ii) Appointed from the state at large subject to confirmation by the Senate; and (iii) A full voting member.

(i) At least sixty (60) years of age and shall represent the elderly;

(ii) Appointed from the state at large subject to confirmation by the Senate; and

(iii) A full voting member.

(c) Members shall be appointed for terms of seven (7) years or until their successors are appointed and qualified.

(d) If a vacancy occurs on the commission due to death, resignation, or for other reason, the vacancy shall be filled by appointment by the Governor, in the same manner as provided for the initial appointment for the position, for the remainder of the unexpired portion of the term thereof.

(e) Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(f) The commission shall meet at such times as may be provided by the rules of the commission, or upon call of the chair, or upon written request of any four (4) members.

(g) (1) Upon recommendation of the commission, the Governor shall appoint the Director of the Division of Law Enforcement Standards and Training, who shall perform such duties as may be directed by the commission and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety.

(1) Upon recommendation of the commission, the Governor shall appoint the Director of the Division of Law Enforcement Standards and Training, who shall perform such duties as may be directed by the commission and who shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Public Safety.

Amended by Act 2019, No. 910,§ 5811, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5810, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 2, eff. 8/1/2017.

Acts 1981, No. 45, § 7; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 42-701.1; Acts 1993, No. 109, § 1; 1997, No. 250, § 65; 2009, No. 205, § 1; 2011, No. 283, § 1.
Ark. Code Ann. § 12-10-323 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-323
Authorized expenditures of revenues
Status: in_force

(a) (1) Revenue generated under §§ 12-10-318 and 12-10-326 and transferred from the former Arkansas Emergency Telephone Services Board or the Arkansas Public Safety Trust Fund to the Arkansas 911 Board shall be used only for reasonably necessary costs that enhance, operate, and maintain 911 service in the State of Arkansas under the direction of the Arkansas 911 Board. (2) Reasonably necessary costs shall be determined by the Arkansas 911 Board and include the following: (A) The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system; (B) The costs necessary for forwarding and transfer capabilities of calls from the public safety answering point to dispatch centers or to other public safety answering points; (C) Engineering, construction, lease, or purchase costs to lease, purchase, build, remodel, or refurbish a public safety answering point and for necessary emergency and uninterruptable power supplies for the public safety answering point; (D) Personnel costs, including salary and benefits, of each position charged with supervision and operation of the public safety answering point and system; (E) Purchase, lease, operation, and maintenance of consoles, telephone and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the public safety answering point, and radio or microwave towers and equipment with lines that terminate in the public safety answering point; (F) Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the public safety answering point for the purposes of coordinating or forwarding calls, dispatch, or recordkeeping of 911 calls; (G) Supplies, equipment, public safety answering point personnel training, vehicles, and vehicle maintenance, if such items are solely and directly related to and incurred by the political subdivision in mapping, addressing, and readdressing for the operation of the public safety answering point; and (H) Training costs and all costs related to training under this subchapter. (3) This subsection does not authorize a political subdivision to purchase emergency response vehicles, law enforcement vehicles, or other political subdivision vehicles from such funds. (b) Expenditure of revenue distributed by the Arkansas 911 Board for purposes not identified in this section is prohibited. (c) Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point's quarterly funding distribution. (d) Appropriations of funds from any source other than §§ 12-10-318 , 12-10-321 , and 12-10-326 may be expended for any purpose and may supplement the authorized expenditures of this section and may fund other activities of the public safety answering point not associated with the provision of emergency services. Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019. Acts 1985, No. 683, § 6; A.S.A. 1947, § 73-1827; Acts 1989, No. 524, § 1; 1991, No. 1196, § 5; 1997, No. 952, § 2; 2003, No. 176, § 1; 2011, No. 640, § 2.

(a) (1) Revenue generated under §§ 12-10-318 and 12-10-326 and transferred from the former Arkansas Emergency Telephone Services Board or the Arkansas Public Safety Trust Fund to the Arkansas 911 Board shall be used only for reasonably necessary costs that enhance, operate, and maintain 911 service in the State of Arkansas under the direction of the Arkansas 911 Board. (2) Reasonably necessary costs shall be determined by the Arkansas 911 Board and include the following: (A) The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system; (B) The costs necessary for forwarding and transfer capabilities of calls from the public safety answering point to dispatch centers or to other public safety answering points; (C) Engineering, construction, lease, or purchase costs to lease, purchase, build, remodel, or refurbish a public safety answering point and for necessary emergency and uninterruptable power supplies for the public safety answering point; (D) Personnel costs, including salary and benefits, of each position charged with supervision and operation of the public safety answering point and system; (E) Purchase, lease, operation, and maintenance of consoles, telephone and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the public safety answering point, and radio or microwave towers and equipment with lines that terminate in the public safety answering point; (F) Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the public safety answering point for the purposes of coordinating or forwarding calls, dispatch, or recordkeeping of 911 calls; (G) Supplies, equipment, public safety answering point personnel training, vehicles, and vehicle maintenance, if such items are solely and directly related to and incurred by the political subdivision in mapping, addressing, and readdressing for the operation of the public safety answering point; and (H) Training costs and all costs related to training under this subchapter. (3) This subsection does not authorize a political subdivision to purchase emergency response vehicles, law enforcement vehicles, or other political subdivision vehicles from such funds.

(1) Revenue generated under §§ 12-10-318 and 12-10-326 and transferred from the former Arkansas Emergency Telephone Services Board or the Arkansas Public Safety Trust Fund to the Arkansas 911 Board shall be used only for reasonably necessary costs that enhance, operate, and maintain 911 service in the State of Arkansas under the direction of the Arkansas 911 Board.

(2) Reasonably necessary costs shall be determined by the Arkansas 911 Board and include the following: (A) The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system; (B) The costs necessary for forwarding and transfer capabilities of calls from the public safety answering point to dispatch centers or to other public safety answering points; (C) Engineering, construction, lease, or purchase costs to lease, purchase, build, remodel, or refurbish a public safety answering point and for necessary emergency and uninterruptable power supplies for the public safety answering point; (D) Personnel costs, including salary and benefits, of each position charged with supervision and operation of the public safety answering point and system; (E) Purchase, lease, operation, and maintenance of consoles, telephone and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the public safety answering point, and radio or microwave towers and equipment with lines that terminate in the public safety answering point; (F) Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the public safety answering point for the purposes of coordinating or forwarding calls, dispatch, or recordkeeping of 911 calls; (G) Supplies, equipment, public safety answering point personnel training, vehicles, and vehicle maintenance, if such items are solely and directly related to and incurred by the political subdivision in mapping, addressing, and readdressing for the operation of the public safety answering point; and (H) Training costs and all costs related to training under this subchapter.

(A) The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system;

(B) The costs necessary for forwarding and transfer capabilities of calls from the public safety answering point to dispatch centers or to other public safety answering points;

(C) Engineering, construction, lease, or purchase costs to lease, purchase, build, remodel, or refurbish a public safety answering point and for necessary emergency and uninterruptable power supplies for the public safety answering point;

(D) Personnel costs, including salary and benefits, of each position charged with supervision and operation of the public safety answering point and system;

(E) Purchase, lease, operation, and maintenance of consoles, telephone and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the public safety answering point, and radio or microwave towers and equipment with lines that terminate in the public safety answering point;

(F) Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the public safety answering point for the purposes of coordinating or forwarding calls, dispatch, or recordkeeping of 911 calls;

(G) Supplies, equipment, public safety answering point personnel training, vehicles, and vehicle maintenance, if such items are solely and directly related to and incurred by the political subdivision in mapping, addressing, and readdressing for the operation of the public safety answering point; and

(H) Training costs and all costs related to training under this subchapter.

(3) This subsection does not authorize a political subdivision to purchase emergency response vehicles, law enforcement vehicles, or other political subdivision vehicles from such funds.

(b) Expenditure of revenue distributed by the Arkansas 911 Board for purposes not identified in this section is prohibited.

(c) Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point's quarterly funding distribution.

(d) Appropriations of funds from any source other than §§ 12-10-318 , 12-10-321 , and 12-10-326 may be expended for any purpose and may supplement the authorized expenditures of this section and may fund other activities of the public safety answering point not associated with the provision of emergency services.

Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019.

Acts 1985, No. 683, § 6; A.S.A. 1947, § 73-1827; Acts 1989, No. 524, § 1; 1991, No. 1196, § 5; 1997, No. 952, § 2; 2003, No. 176, § 1; 2011, No. 640, § 2.