Ark. Code Ann. § 25-43-109 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-109
Correction of technical errors related to transformation of state government
Status: in_force

(a) (1) The General Assembly finds that: (A) The transformation of the structure of state government under the Transformation and Efficiencies Act of 2019 involves changes to thousands of sections of the Arkansas Code concerning state entities; (B) Many of the changes required are highly technical and require careful study of the purpose and context of each Arkansas Code section, with the need for some of the changes not becoming apparent until the implementation of the transformation of state government under this chapter; (C) With a project as large and comprehensive as the transformation of state government under this chapter, it is inevitable that certain sections of the Arkansas Code requiring technical changes to follow the intent of this chapter will be either omitted or amended in a manner that is later found to be erroneous and unintentional; and (D) If the correct statutory change to remedy an unintentional error is readily apparent and consistent with the intent of this chapter, the unintentional error should be corrected as part of the codification process due to the technical nature of the unintentional error. (2) It is the intent of the General Assembly to empower the Arkansas Code Revision Commission to correct technical errors identified in the Arkansas Code during the transformation of the structure of state government under this chapter to allow this chapter to be fully implemented. (b) (1) (A) Any person or state entity identifying one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter may notify the Director of the Bureau of Legislative Research or his or her designee of the section or sections at issue. (B) If the Bureau of Legislative Research, while assisting the commission with the commission's powers and duties, becomes aware of one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter for which it appears that the bureau and the commission do not have authority to make the necessary revision under § 1-2-303(d) , the bureau may notify the commission of the section or sections at issue. (2) If the commission determines that the revision necessary to one (1) or more sections of the Arkansas Code under subdivision (b)(1) of this section is technical in nature, germane to the intent of this chapter, and consistent with this chapter's policy and purposes, the commission may make the revision to the Arkansas Code. (3) The commission shall notify the publisher of the Arkansas Code of a revision to the Arkansas Code under subdivision (b)(2) of this section as soon as possible so that the revision may be reflected in the official hard copy version of the Arkansas Code and official electronic version of the Arkansas Code. (4) (A) Except as provided in subdivision (b)(4)(B) of this section, when the commission approves a revision to the Arkansas Code under subdivision (b)(2) of this section, the commission shall notify the following of the revision within thirty (30) days: (i) The Speaker of the House of Representatives; (ii) The President Pro Tempore of the Senate; and (iii) The Legislative Council. (B) The commission is not required to make a notification under subdivision (b)(4)(A) of this section if the revision is made under § 1-2-303(d) . (c) The authority granted to the commission under this section is supplemental to the commission's authority under § 1-2-303 . Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) (1) The General Assembly finds that: (A) The transformation of the structure of state government under the Transformation and Efficiencies Act of 2019 involves changes to thousands of sections of the Arkansas Code concerning state entities; (B) Many of the changes required are highly technical and require careful study of the purpose and context of each Arkansas Code section, with the need for some of the changes not becoming apparent until the implementation of the transformation of state government under this chapter; (C) With a project as large and comprehensive as the transformation of state government under this chapter, it is inevitable that certain sections of the Arkansas Code requiring technical changes to follow the intent of this chapter will be either omitted or amended in a manner that is later found to be erroneous and unintentional; and (D) If the correct statutory change to remedy an unintentional error is readily apparent and consistent with the intent of this chapter, the unintentional error should be corrected as part of the codification process due to the technical nature of the unintentional error. (2) It is the intent of the General Assembly to empower the Arkansas Code Revision Commission to correct technical errors identified in the Arkansas Code during the transformation of the structure of state government under this chapter to allow this chapter to be fully implemented.

(1) The General Assembly finds that: (A) The transformation of the structure of state government under the Transformation and Efficiencies Act of 2019 involves changes to thousands of sections of the Arkansas Code concerning state entities; (B) Many of the changes required are highly technical and require careful study of the purpose and context of each Arkansas Code section, with the need for some of the changes not becoming apparent until the implementation of the transformation of state government under this chapter; (C) With a project as large and comprehensive as the transformation of state government under this chapter, it is inevitable that certain sections of the Arkansas Code requiring technical changes to follow the intent of this chapter will be either omitted or amended in a manner that is later found to be erroneous and unintentional; and (D) If the correct statutory change to remedy an unintentional error is readily apparent and consistent with the intent of this chapter, the unintentional error should be corrected as part of the codification process due to the technical nature of the unintentional error.

(A) The transformation of the structure of state government under the Transformation and Efficiencies Act of 2019 involves changes to thousands of sections of the Arkansas Code concerning state entities;

(B) Many of the changes required are highly technical and require careful study of the purpose and context of each Arkansas Code section, with the need for some of the changes not becoming apparent until the implementation of the transformation of state government under this chapter;

(C) With a project as large and comprehensive as the transformation of state government under this chapter, it is inevitable that certain sections of the Arkansas Code requiring technical changes to follow the intent of this chapter will be either omitted or amended in a manner that is later found to be erroneous and unintentional; and

(D) If the correct statutory change to remedy an unintentional error is readily apparent and consistent with the intent of this chapter, the unintentional error should be corrected as part of the codification process due to the technical nature of the unintentional error.

(2) It is the intent of the General Assembly to empower the Arkansas Code Revision Commission to correct technical errors identified in the Arkansas Code during the transformation of the structure of state government under this chapter to allow this chapter to be fully implemented.

(b) (1) (A) Any person or state entity identifying one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter may notify the Director of the Bureau of Legislative Research or his or her designee of the section or sections at issue. (B) If the Bureau of Legislative Research, while assisting the commission with the commission's powers and duties, becomes aware of one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter for which it appears that the bureau and the commission do not have authority to make the necessary revision under § 1-2-303(d) , the bureau may notify the commission of the section or sections at issue. (2) If the commission determines that the revision necessary to one (1) or more sections of the Arkansas Code under subdivision (b)(1) of this section is technical in nature, germane to the intent of this chapter, and consistent with this chapter's policy and purposes, the commission may make the revision to the Arkansas Code. (3) The commission shall notify the publisher of the Arkansas Code of a revision to the Arkansas Code under subdivision (b)(2) of this section as soon as possible so that the revision may be reflected in the official hard copy version of the Arkansas Code and official electronic version of the Arkansas Code. (4) (A) Except as provided in subdivision (b)(4)(B) of this section, when the commission approves a revision to the Arkansas Code under subdivision (b)(2) of this section, the commission shall notify the following of the revision within thirty (30) days: (i) The Speaker of the House of Representatives; (ii) The President Pro Tempore of the Senate; and (iii) The Legislative Council. (B) The commission is not required to make a notification under subdivision (b)(4)(A) of this section if the revision is made under § 1-2-303(d) .

(1) (A) Any person or state entity identifying one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter may notify the Director of the Bureau of Legislative Research or his or her designee of the section or sections at issue. (B) If the Bureau of Legislative Research, while assisting the commission with the commission's powers and duties, becomes aware of one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter for which it appears that the bureau and the commission do not have authority to make the necessary revision under § 1-2-303(d) , the bureau may notify the commission of the section or sections at issue.

(A) Any person or state entity identifying one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter may notify the Director of the Bureau of Legislative Research or his or her designee of the section or sections at issue.

(B) If the Bureau of Legislative Research, while assisting the commission with the commission's powers and duties, becomes aware of one (1) or more sections of the Arkansas Code that require revision to implement the intent of this chapter for which it appears that the bureau and the commission do not have authority to make the necessary revision under § 1-2-303(d) , the bureau may notify the commission of the section or sections at issue.

(2) If the commission determines that the revision necessary to one (1) or more sections of the Arkansas Code under subdivision (b)(1) of this section is technical in nature, germane to the intent of this chapter, and consistent with this chapter's policy and purposes, the commission may make the revision to the Arkansas Code.

(3) The commission shall notify the publisher of the Arkansas Code of a revision to the Arkansas Code under subdivision (b)(2) of this section as soon as possible so that the revision may be reflected in the official hard copy version of the Arkansas Code and official electronic version of the Arkansas Code.

(4) (A) Except as provided in subdivision (b)(4)(B) of this section, when the commission approves a revision to the Arkansas Code under subdivision (b)(2) of this section, the commission shall notify the following of the revision within thirty (30) days: (i) The Speaker of the House of Representatives; (ii) The President Pro Tempore of the Senate; and (iii) The Legislative Council. (B) The commission is not required to make a notification under subdivision (b)(4)(A) of this section if the revision is made under § 1-2-303(d) .

(A) Except as provided in subdivision (b)(4)(B) of this section, when the commission approves a revision to the Arkansas Code under subdivision (b)(2) of this section, the commission shall notify the following of the revision within thirty (30) days: (i) The Speaker of the House of Representatives; (ii) The President Pro Tempore of the Senate; and (iii) The Legislative Council.

(i) The Speaker of the House of Representatives;

(ii) The President Pro Tempore of the Senate; and

(iii) The Legislative Council.

(B) The commission is not required to make a notification under subdivision (b)(4)(A) of this section if the revision is made under § 1-2-303(d) .

(c) The authority granted to the commission under this section is supplemental to the commission's authority under § 1-2-303 .

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-43-1403 — AR Code / Title 25 / Chapter 43 / Subchapter 14 / Section 25-43-1403
Secretary of the Department of Public Safety
Status: in_force

(a) The executive head of the Department of Public Safety shall be the Secretary of the Department of Public Safety. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position; and (4) Be classified and designated as a law enforcement officer by meeting the minimum standards for appointment as a law enforcement officer established by the Arkansas Commission on Law Enforcement Standards and Training. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 13, eff. 7/28/2021. Amended by Act 2021, No. 93,§ 1, eff. 7/28/2021. Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.

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

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

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

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

(e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position; and (4) Be classified and designated as a law enforcement officer by meeting the minimum standards for appointment as a law enforcement officer established by the Arkansas Commission on Law Enforcement Standards and Training.

(1) Hire department personnel;

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

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

(4) Be classified and designated as a law enforcement officer by meeting the minimum standards for appointment as a law enforcement officer established by the Arkansas Commission on Law Enforcement Standards and Training.

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

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

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

Amended by Act 2021, No. 413,§ 13, eff. 7/28/2021.

Amended by Act 2021, No. 93,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 5733, eff. 7/1/2019.
Ark. Code Ann. § 25-8-106 — AR Code / Title 25 / Chapter 8 / Section 25-8-106
Marketing and redistribution of state personal property
Status: in_force

(a) (1) This section applies only with respect to personal property. (2) This section does not apply to or affect the: (A) Disposition of surplus real property of the state; or (B) Sale of plants, animals, or commodities of plants or animals by a public institution of higher education if the proceeds from the sale are used solely for agricultural research, extension, or teaching programs, including without limitation 4-H programs and National FFA Organization programs. (b) (1) There is created within the Office of State Procurement a Marketing and Redistribution Section for the purpose of promoting and ensuring effective utilization of surplus state property. (2) (A) All state agencies, boards, commissions, departments, and colleges and universities are required and county, municipal, or other tax-supported institutions are authorized to utilize the services of the Marketing and Redistribution Section, unless specifically exempted in writing by the State Procurement Director. (B) (i) Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section. (ii) Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value. (3) The Department of Transformation and Shared Services shall maintain adequate and accurate records of the costs for operating the Marketing and Redistribution Section and is authorized to establish fair and reasonable charges for the services of the Marketing and Redistribution Section. The charges for services shall be deposited in the State Treasury as nonrevenue receipts, there to be credited to the Property Sales Holding Fund for the operation, maintenance, and improvement of the Marketing and Redistribution Section. (c) The office may maintain an inventory of furniture, equipment, and other items which shall be made available to state agencies on rental agreements based upon fair and reasonable rental values. (d) The department is authorized to establish a fair and reasonable fee schedule for redistributing property between state agencies upon their request. (e) Proceeds from the sale, transfer, or rental of property by the director shall be accounted for as follows: (1) The purchasers, transferees, and lessees of property available for such purposes as are authorized by this section shall transmit to the office the agreed sale price, service charge, or rental fee; (2) The office shall deposit the full amount of proceeds received, as set out above, in the State Treasury in the manner as provided by law; and (3) (A) Proceeds from the sale or transfer of property deposited in the State Treasury shall be classified as nonrevenue receipts and credited to the Property Sales Holding Fund herein created on the books of the Treasurer of State as a trust fund. (B) Funds deposited in the Property Sales Holding Fund may be expended only by the selling or transferring agency under procedures established by the Chief Fiscal Officer of the State and appropriations provided by the General Assembly. (C) However, funds deposited in the Property Sales Holding Fund from the sale of property purchased from agency cash funds may be refunded to the agency cash fund from which the original expenditure was made by the issuance of a warrant under procedures established by the Chief Fiscal Officer of the State and the Auditor of State to be payable from appropriations provided by the General Assembly for disposition of the proceeds. (f) The Secretary of the Department of Transformation and Shared Services is authorized to promulgate reasonable rules, not inconsistent with law, for compliance with the provisions of this section, the Arkansas Procurement Law, § 19-11-201 et seq., the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and the sale of surplus commodities to not-for-profit organizations under § 22-1-101 . Amended by Act 2019, No. 910,§ 3570, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3569, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3568, eff. 7/1/2019. Amended by Act 2017, No. 307,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 686,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1020,§ 3, eff. 8/16/2013. Acts 1968 (1st Ex. Sess.), No. 44, §§ 1-7; 1972 (Ex. Sess.), No. 50, § 1; 1973, No. 806, §§ 4, 5; 1973, No. 876, § 30; 1977, No. 436, § 1; A.S.A. 1947, §§ 5-812 -- 5-818; Acts 2001, No. 589, § 1; 2001, No. 1410, § 13.

(a) (1) This section applies only with respect to personal property. (2) This section does not apply to or affect the: (A) Disposition of surplus real property of the state; or (B) Sale of plants, animals, or commodities of plants or animals by a public institution of higher education if the proceeds from the sale are used solely for agricultural research, extension, or teaching programs, including without limitation 4-H programs and National FFA Organization programs.

(1) This section applies only with respect to personal property.

(2) This section does not apply to or affect the: (A) Disposition of surplus real property of the state; or (B) Sale of plants, animals, or commodities of plants or animals by a public institution of higher education if the proceeds from the sale are used solely for agricultural research, extension, or teaching programs, including without limitation 4-H programs and National FFA Organization programs.

(A) Disposition of surplus real property of the state; or

(B) Sale of plants, animals, or commodities of plants or animals by a public institution of higher education if the proceeds from the sale are used solely for agricultural research, extension, or teaching programs, including without limitation 4-H programs and National FFA Organization programs.

(b) (1) There is created within the Office of State Procurement a Marketing and Redistribution Section for the purpose of promoting and ensuring effective utilization of surplus state property. (2) (A) All state agencies, boards, commissions, departments, and colleges and universities are required and county, municipal, or other tax-supported institutions are authorized to utilize the services of the Marketing and Redistribution Section, unless specifically exempted in writing by the State Procurement Director. (B) (i) Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section. (ii) Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value. (3) The Department of Transformation and Shared Services shall maintain adequate and accurate records of the costs for operating the Marketing and Redistribution Section and is authorized to establish fair and reasonable charges for the services of the Marketing and Redistribution Section. The charges for services shall be deposited in the State Treasury as nonrevenue receipts, there to be credited to the Property Sales Holding Fund for the operation, maintenance, and improvement of the Marketing and Redistribution Section.

(1) There is created within the Office of State Procurement a Marketing and Redistribution Section for the purpose of promoting and ensuring effective utilization of surplus state property.

(2) (A) All state agencies, boards, commissions, departments, and colleges and universities are required and county, municipal, or other tax-supported institutions are authorized to utilize the services of the Marketing and Redistribution Section, unless specifically exempted in writing by the State Procurement Director. (B) (i) Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section. (ii) Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value.

(A) All state agencies, boards, commissions, departments, and colleges and universities are required and county, municipal, or other tax-supported institutions are authorized to utilize the services of the Marketing and Redistribution Section, unless specifically exempted in writing by the State Procurement Director.

(B) (i) Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section. (ii) Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value.

(i) Nothing in this section shall be construed to make it mandatory that county, municipal, or other local government units utilize the services of the Marketing and Redistribution Section.

(ii) Nothing in this section shall be construed to make it mandatory that any agency, department, division, office, board, commission, or institution of this state, including state-supported institutions of higher education, utilize the services of the Marketing and Redistribution Section in the sale of surplus computer equipment and electronics to state agency employees for a price not less than ten percent (10%) above depreciated value.

(3) The Department of Transformation and Shared Services shall maintain adequate and accurate records of the costs for operating the Marketing and Redistribution Section and is authorized to establish fair and reasonable charges for the services of the Marketing and Redistribution Section. The charges for services shall be deposited in the State Treasury as nonrevenue receipts, there to be credited to the Property Sales Holding Fund for the operation, maintenance, and improvement of the Marketing and Redistribution Section.

(c) The office may maintain an inventory of furniture, equipment, and other items which shall be made available to state agencies on rental agreements based upon fair and reasonable rental values.

(d) The department is authorized to establish a fair and reasonable fee schedule for redistributing property between state agencies upon their request.

(e) Proceeds from the sale, transfer, or rental of property by the director shall be accounted for as follows: (1) The purchasers, transferees, and lessees of property available for such purposes as are authorized by this section shall transmit to the office the agreed sale price, service charge, or rental fee; (2) The office shall deposit the full amount of proceeds received, as set out above, in the State Treasury in the manner as provided by law; and (3) (A) Proceeds from the sale or transfer of property deposited in the State Treasury shall be classified as nonrevenue receipts and credited to the Property Sales Holding Fund herein created on the books of the Treasurer of State as a trust fund. (B) Funds deposited in the Property Sales Holding Fund may be expended only by the selling or transferring agency under procedures established by the Chief Fiscal Officer of the State and appropriations provided by the General Assembly. (C) However, funds deposited in the Property Sales Holding Fund from the sale of property purchased from agency cash funds may be refunded to the agency cash fund from which the original expenditure was made by the issuance of a warrant under procedures established by the Chief Fiscal Officer of the State and the Auditor of State to be payable from appropriations provided by the General Assembly for disposition of the proceeds.

(1) The purchasers, transferees, and lessees of property available for such purposes as are authorized by this section shall transmit to the office the agreed sale price, service charge, or rental fee;

(2) The office shall deposit the full amount of proceeds received, as set out above, in the State Treasury in the manner as provided by law; and

(3) (A) Proceeds from the sale or transfer of property deposited in the State Treasury shall be classified as nonrevenue receipts and credited to the Property Sales Holding Fund herein created on the books of the Treasurer of State as a trust fund. (B) Funds deposited in the Property Sales Holding Fund may be expended only by the selling or transferring agency under procedures established by the Chief Fiscal Officer of the State and appropriations provided by the General Assembly. (C) However, funds deposited in the Property Sales Holding Fund from the sale of property purchased from agency cash funds may be refunded to the agency cash fund from which the original expenditure was made by the issuance of a warrant under procedures established by the Chief Fiscal Officer of the State and the Auditor of State to be payable from appropriations provided by the General Assembly for disposition of the proceeds.

(A) Proceeds from the sale or transfer of property deposited in the State Treasury shall be classified as nonrevenue receipts and credited to the Property Sales Holding Fund herein created on the books of the Treasurer of State as a trust fund.

(B) Funds deposited in the Property Sales Holding Fund may be expended only by the selling or transferring agency under procedures established by the Chief Fiscal Officer of the State and appropriations provided by the General Assembly.

(C) However, funds deposited in the Property Sales Holding Fund from the sale of property purchased from agency cash funds may be refunded to the agency cash fund from which the original expenditure was made by the issuance of a warrant under procedures established by the Chief Fiscal Officer of the State and the Auditor of State to be payable from appropriations provided by the General Assembly for disposition of the proceeds.

(f) The Secretary of the Department of Transformation and Shared Services is authorized to promulgate reasonable rules, not inconsistent with law, for compliance with the provisions of this section, the Arkansas Procurement Law, § 19-11-201 et seq., the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and the sale of surplus commodities to not-for-profit organizations under § 22-1-101 .

Amended by Act 2019, No. 910,§ 3570, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3569, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3568, eff. 7/1/2019.

Amended by Act 2017, No. 307,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 686,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1020,§ 3, eff. 8/16/2013.

Acts 1968 (1st Ex. Sess.), No. 44, §§ 1-7; 1972 (Ex. Sess.), No. 50, § 1; 1973, No. 806, §§ 4, 5; 1973, No. 876, § 30; 1977, No. 436, § 1; A.S.A. 1947, §§ 5-812 -- 5-818; Acts 2001, No. 589, § 1; 2001, No. 1410, § 13.
Ark. Code Ann. § 25-1-111 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-111
Designation - Grant Advisory Board - Definition
Status: in_force

(a) The Governor shall have the authority to designate the state agency responsible for the administration and disbursement of funds received by the State of Arkansas under the Victims of Crime Act, 42 U.S.C. §§ 10601 - 10605 , the STOP Violence Against Women Act, 42 U.S.C. § 13701 , and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., in the manner authorized by federal law. (b) The state agency designated by the Governor under this section shall not disburse Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds without providing an opportunity for subgrantee qualification selection assistance and programmatic support by the Arkansas Child Abuse/Rape/Domestic Violence Commission and the Grant Advisory Board. (c) (1) The Grant Advisory Board is established under this section to assist potential beneficiaries of Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds by: (A) (i) Providing review and advice concerning grant processes and grant funding. (ii) If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter; (B) Hearing grievances from the beneficiaries of those funds; and (C) After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures. (2) The Grant Advisory Board shall consist of: (A) Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault; (B) Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence; (C) Two (2) representatives selected by the Arkansas State CASA Association; (D) Two (2) representatives selected by the Prosecution Coordination Commission; (E) One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and (F) One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas. (d) The state agency designated by the Governor under this section shall not disburse Victims of Crime Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board. (e) (1) The state agency designated by the Governor under this section shall not disburse funds under the law enforcement, prosecution, and judiciary percentages of the STOP Violence Against Women Act, without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board. (2) The state agency designated by the Governor under this section shall not disburse funds under the victims services and discretionary percentages of the STOP Violence Against Women Act without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board. (f) The state agency designated by the Governor under this section shall not disburse Family Violence Prevention and Services Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board. (g) The state agency designated by the Governor under this section shall, after the review and recommendations of the Grant Advisory Board, promulgate rules consistent with federal law setting forth the policies and procedures for the administration and disbursement of Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds, including policies and procedures for the participation and assistance of advisory bodies established to assist potential beneficiaries of those funds. (h) (1) As used in this section, "review" means an analysis, evaluation, assessment, appraisal, inquiry, inspection, or a study. (2) "Review" does not mean the authority utilized by the General Assembly in its analysis of proposed rules or appropriations. Amended by Act 2017, No. 777,§ 1, eff. 8/1/2017. Acts 2001, No. 1786, § 1.

(a) The Governor shall have the authority to designate the state agency responsible for the administration and disbursement of funds received by the State of Arkansas under the Victims of Crime Act, 42 U.S.C. §§ 10601 - 10605 , the STOP Violence Against Women Act, 42 U.S.C. § 13701 , and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., in the manner authorized by federal law.

(b) The state agency designated by the Governor under this section shall not disburse Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds without providing an opportunity for subgrantee qualification selection assistance and programmatic support by the Arkansas Child Abuse/Rape/Domestic Violence Commission and the Grant Advisory Board.

(c) (1) The Grant Advisory Board is established under this section to assist potential beneficiaries of Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds by: (A) (i) Providing review and advice concerning grant processes and grant funding. (ii) If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter; (B) Hearing grievances from the beneficiaries of those funds; and (C) After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures. (2) The Grant Advisory Board shall consist of: (A) Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault; (B) Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence; (C) Two (2) representatives selected by the Arkansas State CASA Association; (D) Two (2) representatives selected by the Prosecution Coordination Commission; (E) One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and (F) One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas.

(1) The Grant Advisory Board is established under this section to assist potential beneficiaries of Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds by: (A) (i) Providing review and advice concerning grant processes and grant funding. (ii) If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter; (B) Hearing grievances from the beneficiaries of those funds; and (C) After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures.

(A) (i) Providing review and advice concerning grant processes and grant funding. (ii) If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter;

(i) Providing review and advice concerning grant processes and grant funding.

(ii) If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter;

(B) Hearing grievances from the beneficiaries of those funds; and

(C) After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures.

(2) The Grant Advisory Board shall consist of: (A) Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault; (B) Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence; (C) Two (2) representatives selected by the Arkansas State CASA Association; (D) Two (2) representatives selected by the Prosecution Coordination Commission; (E) One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and (F) One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas.

(A) Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault;

(B) Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence;

(C) Two (2) representatives selected by the Arkansas State CASA Association;

(D) Two (2) representatives selected by the Prosecution Coordination Commission;

(E) One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and

(F) One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas.

(d) The state agency designated by the Governor under this section shall not disburse Victims of Crime Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.

(e) (1) The state agency designated by the Governor under this section shall not disburse funds under the law enforcement, prosecution, and judiciary percentages of the STOP Violence Against Women Act, without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board. (2) The state agency designated by the Governor under this section shall not disburse funds under the victims services and discretionary percentages of the STOP Violence Against Women Act without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.

(1) The state agency designated by the Governor under this section shall not disburse funds under the law enforcement, prosecution, and judiciary percentages of the STOP Violence Against Women Act, without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.

(2) The state agency designated by the Governor under this section shall not disburse funds under the victims services and discretionary percentages of the STOP Violence Against Women Act without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.

(f) The state agency designated by the Governor under this section shall not disburse Family Violence Prevention and Services Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.

(g) The state agency designated by the Governor under this section shall, after the review and recommendations of the Grant Advisory Board, promulgate rules consistent with federal law setting forth the policies and procedures for the administration and disbursement of Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds, including policies and procedures for the participation and assistance of advisory bodies established to assist potential beneficiaries of those funds.

(h) (1) As used in this section, "review" means an analysis, evaluation, assessment, appraisal, inquiry, inspection, or a study. (2) "Review" does not mean the authority utilized by the General Assembly in its analysis of proposed rules or appropriations.

(1) As used in this section, "review" means an analysis, evaluation, assessment, appraisal, inquiry, inspection, or a study.

(2) "Review" does not mean the authority utilized by the General Assembly in its analysis of proposed rules or appropriations.

Amended by Act 2017, No. 777,§ 1, eff. 8/1/2017.

Acts 2001, No. 1786, § 1.
Ark. Code Ann. § 25-43-302 — AR Code / Title 25 / Chapter 43 / Subchapter 3 / Section 25-43-302
State entities transferred to Department of Commerce
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Commerce by a cabinet-level department transfer: (1) The Adult Education Section of the Department of Career Education, and now to be known as the "Adult Education Section", created under § 25-43-305 ; (2) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, created under § 25-29-101 ; (3) The Arkansas Department of Aeronautics, created under § 27-115-101 , and now to be known as the "Division of Aeronautics"; (4) The Arkansas Development Finance Authority, created under § 15-5-201 ; (5) The Arkansas Economic Development Commission, created under § 25-11-101 ; (6) The Arkansas Economic Development Council, created under §§ 15-4-201 and 25-11-102 ; (7) [Repealed.] (8) Arkansas Rehabilitation Services, created under § 6-52-101 ; (9) The Arkansas Rural Development Commission, created under § 15-6-104 ; (10) The Arkansas Waterways Commission, created under § 15-23-201 ; (11) The Arkansas Wine Producers Council, created under § 3-5-701 ; (12) The Arkansas Workforce Development Board, created under § 15-4-3704 ; (13) The Board of Review, created under § 11-10-523 ; (14) The Board of the Division of State Services for the Blind, created under § 25-10-205 ; (15) The Career Education and Workforce Development Board, created under § 25-30-101 ; (16) The Department of Workforce Services, created under § 11-10-301 , and now to be known as the "Division of Workforce Services"; (17) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission, created under § 15-4-304 ; (18) The Division of Science and Technology of the Arkansas Economic Development Commission, created under § 15-3-103 ; (19) The Division of State Services for the Blind, created under § 25-10-201 ; (20) The Governor's Commission on People with Disabilities, created under § 20-14-202 ; (21) The Office of Skills Development, created under § 25-30-109 ; (22) The State Bank Department, created under § 23-46-201 ; (23) The State Banking Board, created under § 23-46-301 ; (24) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, created under § 23-61-1102 ; (25) The State Insurance Department, created under § 23-61-101 ; and (26) The State Securities Department, created under the Arkansas Securities Act, § 23-42-101 et seq., within the State Bank Department. (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Commerce under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Commerce under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Commerce under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Commerce in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 475,§ 8, eff. 8/1/2023. Amended by Act 2023, No. 365,§ 80, eff. 7/1/2023. Amended by Act 2021, No. 84,§ 22, eff. 7/28/2021. Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Commerce by a cabinet-level department transfer: (1) The Adult Education Section of the Department of Career Education, and now to be known as the "Adult Education Section", created under § 25-43-305 ; (2) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, created under § 25-29-101 ; (3) The Arkansas Department of Aeronautics, created under § 27-115-101 , and now to be known as the "Division of Aeronautics"; (4) The Arkansas Development Finance Authority, created under § 15-5-201 ; (5) The Arkansas Economic Development Commission, created under § 25-11-101 ; (6) The Arkansas Economic Development Council, created under §§ 15-4-201 and 25-11-102 ; (7) [Repealed.] (8) Arkansas Rehabilitation Services, created under § 6-52-101 ; (9) The Arkansas Rural Development Commission, created under § 15-6-104 ; (10) The Arkansas Waterways Commission, created under § 15-23-201 ; (11) The Arkansas Wine Producers Council, created under § 3-5-701 ; (12) The Arkansas Workforce Development Board, created under § 15-4-3704 ; (13) The Board of Review, created under § 11-10-523 ; (14) The Board of the Division of State Services for the Blind, created under § 25-10-205 ; (15) The Career Education and Workforce Development Board, created under § 25-30-101 ; (16) The Department of Workforce Services, created under § 11-10-301 , and now to be known as the "Division of Workforce Services"; (17) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission, created under § 15-4-304 ; (18) The Division of Science and Technology of the Arkansas Economic Development Commission, created under § 15-3-103 ; (19) The Division of State Services for the Blind, created under § 25-10-201 ; (20) The Governor's Commission on People with Disabilities, created under § 20-14-202 ; (21) The Office of Skills Development, created under § 25-30-109 ; (22) The State Bank Department, created under § 23-46-201 ; (23) The State Banking Board, created under § 23-46-301 ; (24) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, created under § 23-61-1102 ; (25) The State Insurance Department, created under § 23-61-101 ; and (26) The State Securities Department, created under the Arkansas Securities Act, § 23-42-101 et seq., within the State Bank Department.

(1) The Adult Education Section of the Department of Career Education, and now to be known as the "Adult Education Section", created under § 25-43-305 ;

(2) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, created under § 25-29-101 ;

(3) The Arkansas Department of Aeronautics, created under § 27-115-101 , and now to be known as the "Division of Aeronautics";

(4) The Arkansas Development Finance Authority, created under § 15-5-201 ;

(5) The Arkansas Economic Development Commission, created under § 25-11-101 ;

(6) The Arkansas Economic Development Council, created under §§ 15-4-201 and 25-11-102 ;

(7) [Repealed.]

(8) Arkansas Rehabilitation Services, created under § 6-52-101 ;

(9) The Arkansas Rural Development Commission, created under § 15-6-104 ;

(10) The Arkansas Waterways Commission, created under § 15-23-201 ;

(11) The Arkansas Wine Producers Council, created under § 3-5-701 ;

(12) The Arkansas Workforce Development Board, created under § 15-4-3704 ;

(13) The Board of Review, created under § 11-10-523 ;

(14) The Board of the Division of State Services for the Blind, created under § 25-10-205 ;

(15) The Career Education and Workforce Development Board, created under § 25-30-101 ;

(16) The Department of Workforce Services, created under § 11-10-301 , and now to be known as the "Division of Workforce Services";

(17) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission, created under § 15-4-304 ;

(18) The Division of Science and Technology of the Arkansas Economic Development Commission, created under § 15-3-103 ;

(19) The Division of State Services for the Blind, created under § 25-10-201 ;

(20) The Governor's Commission on People with Disabilities, created under § 20-14-202 ;

(21) The Office of Skills Development, created under § 25-30-109 ;

(22) The State Bank Department, created under § 23-46-201 ;

(23) The State Banking Board, created under § 23-46-301 ;

(24) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, created under § 23-61-1102 ;

(25) The State Insurance Department, created under § 23-61-101 ; and

(26) The State Securities Department, created under the Arkansas Securities Act, § 23-42-101 et seq., within the State Bank Department.

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

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

Amended by Act 2023, No. 475,§ 8, eff. 8/1/2023.

Amended by Act 2023, No. 365,§ 80, eff. 7/1/2023.

Amended by Act 2021, No. 84,§ 22, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Ark. Code Ann. § 25-18-101 — AR Code / Title 25 / Chapter 18 / Subchapter 1 / Section 25-18-101
Reproduction of records generally
Status: in_force

(a) For the purposes of this section, "business" means and includes business, industry, profession, occupation, and calling of every kind. (b) (1) The head of any business or head of any state, county, or municipal department, commission, bureau, or board may cause any or all records kept by the official, department, commission, board, or business to be photographed, microfilmed, photostated, or reproduced on film. At the time of reproduction, he or she shall attach his or her certificate to the record certifying that it is the original record, and the certificate shall be reproduced with the original. (2) The film or reproducing material shall be of durable material, and the device used to reproduce records on the film or material shall be such as to accurately reproduce and perpetuate the original records in all details. (c) (1) The photostatic copy, photograph, microfilm, or photographic film of the original records shall be deemed to be an original record for all purposes and shall be admissible in evidence in all courts or administrative agencies. (2) A facsimile, exemplification, or certified copy of a record for all purposes recited in this subsection shall be deemed to be a transcript, exemplification, or certified copy of the original. (d) Whenever photostatic copies, photographs, microfilms, or reproductions on films of public records kept by a state official, department, commission, or board shall be placed in conveniently accessible files and provision made for preserving, examining, and using them, the head of the state department, commission, bureau, or board may certify those facts to the Governor, who shall have the power to authorize the disposal, archival storage, or destruction of the records or papers. Acts 1947, No. 218, §§ 1-4; A.S.A. 1947, §§ 16-501 -- 16-504.

(a) For the purposes of this section, "business" means and includes business, industry, profession, occupation, and calling of every kind.

(b) (1) The head of any business or head of any state, county, or municipal department, commission, bureau, or board may cause any or all records kept by the official, department, commission, board, or business to be photographed, microfilmed, photostated, or reproduced on film. At the time of reproduction, he or she shall attach his or her certificate to the record certifying that it is the original record, and the certificate shall be reproduced with the original. (2) The film or reproducing material shall be of durable material, and the device used to reproduce records on the film or material shall be such as to accurately reproduce and perpetuate the original records in all details.

(1) The head of any business or head of any state, county, or municipal department, commission, bureau, or board may cause any or all records kept by the official, department, commission, board, or business to be photographed, microfilmed, photostated, or reproduced on film. At the time of reproduction, he or she shall attach his or her certificate to the record certifying that it is the original record, and the certificate shall be reproduced with the original.

(2) The film or reproducing material shall be of durable material, and the device used to reproduce records on the film or material shall be such as to accurately reproduce and perpetuate the original records in all details.

(c) (1) The photostatic copy, photograph, microfilm, or photographic film of the original records shall be deemed to be an original record for all purposes and shall be admissible in evidence in all courts or administrative agencies. (2) A facsimile, exemplification, or certified copy of a record for all purposes recited in this subsection shall be deemed to be a transcript, exemplification, or certified copy of the original.

(1) The photostatic copy, photograph, microfilm, or photographic film of the original records shall be deemed to be an original record for all purposes and shall be admissible in evidence in all courts or administrative agencies.

(2) A facsimile, exemplification, or certified copy of a record for all purposes recited in this subsection shall be deemed to be a transcript, exemplification, or certified copy of the original.

(d) Whenever photostatic copies, photographs, microfilms, or reproductions on films of public records kept by a state official, department, commission, or board shall be placed in conveniently accessible files and provision made for preserving, examining, and using them, the head of the state department, commission, bureau, or board may certify those facts to the Governor, who shall have the power to authorize the disposal, archival storage, or destruction of the records or papers.

Acts 1947, No. 218, §§ 1-4; A.S.A. 1947, §§ 16-501 -- 16-504.
Ark. Code Ann. § 25-16-606 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-606
Power to administer oaths
Status: in_force

The Treasurer of State shall have power to administer oaths required or allowed by law in matters touching the duties of his or her office. Rev. Stat., ch. 18, § 29; C. & M. Dig., § 4487; Pope's Dig., § 5523; A.S.A. 1947, § 12-608.

The Treasurer of State shall have power to administer oaths required or allowed by law in matters touching the duties of his or her office.

Rev. Stat., ch. 18, § 29; C. & M. Dig., § 4487; Pope's Dig., § 5523; A.S.A. 1947, § 12-608.
Ark. Code Ann. § 25-43-1107 — AR Code / Title 25 / Chapter 43 / Subchapter 11 / Section 25-43-1107
Reduction of regulatory fees and charges
Status: in_force

(a) (1) (A) Except as otherwise provided in this section, the Secretary of the Department of Labor and Licensing shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge. (2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine. (3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section. (b) (1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission. (2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge. (c) The secretary shall submit a written notice of a reduction of regulatory fees and charges under this section to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (1) The specific regulatory fees and charges of the board or commission that shall be reduced; (2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount; (3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and (4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount. (d) The secretary may reduce regulatory fees and charges under this section in successive years if the required criteria under this section are met. (e) When notifying persons of regulatory fees and charges that are payable to a board or commission during the period of a reduction of regulatory fees and charges under this section, the board or commission shall include in the notification conspicuous language that the regulatory fees and charges have been reduced in light of the fund balance accumulated by the board or commission and the reduction may or may not apply in future years. (f) (1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee. (2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges. (3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges. (g) The secretary shall submit a report to the Legislative Council during presession budget hearings prior to a regular session of the General Assembly for the budget presentation of the boards and commissions whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 , which shall include the following information: (1) The current fund balance of each board or commission; (2) The average expenditures of each board or commission for the preceding three (3) fiscal years; (3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount; (4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and (5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section. Added by Act 2023, No. 114,§ 2, eff. 7/1/2023.

(a) (1) (A) Except as otherwise provided in this section, the Secretary of the Department of Labor and Licensing shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge. (2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine. (3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section.

(1) (A) Except as otherwise provided in this section, the Secretary of the Department of Labor and Licensing shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses. (B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge.

(A) Except as otherwise provided in this section, the Secretary of the Department of Labor and Licensing shall implement a reduction of one (1) or more regulatory fees or charges of a board or commission whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 when the board or commission accumulates a fund balance that is at least three (3) times greater than the board or commission's annual average operating expenses.

(B) A reduction of a regulatory fee or charge under subdivision (a)(1)(A) of this section shall not exceed ninety-five percent (95%) of the required amount of the regulatory fee or charge.

(2) Regulatory fees and charges that may be reduced under this section include without limitation: (A) License fees; (B) Examination fees; (C) Assessment rates or fees; (D) Association dues or fees; (E) Renewal fees or charges; (F) Application fees; (G) Certification fees; (H) Inspection fees; (I) Permit fees; (J) Fees or charges authorized by Arkansas law; (K) Fees or charges authorized by rule; and (L) Any other collections by the board or commission not implemented as a penalty or fine.

(A) License fees;

(B) Examination fees;

(C) Assessment rates or fees;

(D) Association dues or fees;

(E) Renewal fees or charges;

(F) Application fees;

(G) Certification fees;

(H) Inspection fees;

(I) Permit fees;

(J) Fees or charges authorized by Arkansas law;

(K) Fees or charges authorized by rule; and

(L) Any other collections by the board or commission not implemented as a penalty or fine.

(3) All penalties or fines assessed by a board or commission associated with violations shall remain in effect and shall continue to be enforced and collected at the required amount regardless of whether the secretary has reduced the regulatory charges and fees of a board or commission under this section.

(b) (1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission. (2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge.

(1) The secretary shall reduce the regulatory fees and charges of a board or commission under this section if he or she determines: (A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary; (B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and (C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(A) The board or commission has a fund balance that is at least three (3) times greater than its annual average operating expenses as determined by the secretary;

(B) A reduction of regulatory fees and charges under this section will not result in the fund balance of the board or commission dropping below a balance three (3) times greater than its annual average operating expenses as determined by the secretary; and

(C) (i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses. (ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(i) Valid reasons do not exist for allowing the board or commission to continue to charge its required amount of regulatory fees and charges while having a fund balance that is at least three (3) times greater than its annual average operating expenses.

(ii) Valid reasons under this subdivision (b)(1)(C) include without limitation accumulating funds for a future construction project or other capital project that the secretary deems necessary for the board or commission.

(2) If the secretary determines a reduction of fees is required under this section, he or she shall identify: (A) One (1) or more regulatory fees and charges that shall be reduced; and (B) The amount of the reduction that should be applied to each regulatory fee and charge.

(A) One (1) or more regulatory fees and charges that shall be reduced; and

(B) The amount of the reduction that should be applied to each regulatory fee and charge.

(c) The secretary shall submit a written notice of a reduction of regulatory fees and charges under this section to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (1) The specific regulatory fees and charges of the board or commission that shall be reduced; (2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount; (3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and (4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount.

(1) The specific regulatory fees and charges of the board or commission that shall be reduced;

(2) (A) The amount of each specific regulatory fee and charge in light of the reduction. (B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(A) The amount of each specific regulatory fee and charge in light of the reduction.

(B) A reduced regulatory fee or charge under this section shall be rounded to the nearest whole dollar so that: (i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and (ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(i) If the actual reduced regulatory fee or charge is a dollar amount plus forty-nine cents (49¢) or less, the rate of the regulatory fee or charge shall be the next lowest whole dollar amount; and

(ii) If the actual reduced regulatory fee or charge is a dollar amount plus fifty cents (50¢) or more, the rate of the regulatory fee or charge shall be the next highest whole dollar amount;

(3) (A) The dates on which the reduction of each regulatory fee and charge shall begin and end. (B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection. (C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and

(A) The dates on which the reduction of each regulatory fee and charge shall begin and end.

(B) A reduction of a regulatory fee and charge shall be effective on the beginning date specified in the written notice under this subsection and shall terminate on the end date specified in the written notice under this subsection.

(C) A reduction of a regulatory fee or charge under this section shall not exceed one (1) year or one (1) collection cycle for the regulatory fee or charge at issue, whichever is deemed appropriate by the secretary; and

(4) If the secretary anticipates reducing one (1) or more regulatory fees and charges in successive years based on the fund balance of the board or commission, the projected date at which the secretary anticipates each regulatory fee or charge will return to its required amount.

(d) The secretary may reduce regulatory fees and charges under this section in successive years if the required criteria under this section are met.

(e) When notifying persons of regulatory fees and charges that are payable to a board or commission during the period of a reduction of regulatory fees and charges under this section, the board or commission shall include in the notification conspicuous language that the regulatory fees and charges have been reduced in light of the fund balance accumulated by the board or commission and the reduction may or may not apply in future years.

(f) (1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee. (2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges. (3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(1) If the secretary determines during the period of a reduction of regulatory fees and charges under this section that the reduction will result in the fund balance of a board or commission falling below three (3) times the annual operating expenses of the board or commission during the time period of the reduction, and the reduction is no longer in the best financial interest of the board or commission, he or she may terminate the reduction of regulatory fees and charges upon obtaining the approval of the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee.

(2) The board or commission may collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of the regulatory fees and charges if the: (A) Secretary determines that such a collection is in the best financial interest of the board or commission; and (B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges.

(A) Secretary determines that such a collection is in the best financial interest of the board or commission; and

(B) Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the collection of all or a portion of the balance of the regulatory fees and charges.

(3) If the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee approves the termination of a reduction of regulatory fees and charges under this subsection, the secretary shall submit a written notice of the termination to the Chief Fiscal Officer of the State and the persons expected to submit regulatory fees and charges to the board or commission, which shall include without limitation: (A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and (B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(A) (i) The date the reduction of regulatory fees and charges shall be terminated. (ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and

(i) The date the reduction of regulatory fees and charges shall be terminated.

(ii) A termination of a reduction of regulatory fees and charges shall be effective on the date specified in the written notice under this subsection; and

(B) Whether the board or commission will collect all or a portion of the balance of regulatory fees and charges that would have been payable but for the reduction of regulatory fees and charges and, if so, the timeline for the payment of the regulatory fees and charges.

(g) The secretary shall submit a report to the Legislative Council during presession budget hearings prior to a regular session of the General Assembly for the budget presentation of the boards and commissions whose administrative functions have been transferred to the Department of Labor and Licensing under § 25-43-1102 , which shall include the following information: (1) The current fund balance of each board or commission; (2) The average expenditures of each board or commission for the preceding three (3) fiscal years; (3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount; (4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and (5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section.

(1) The current fund balance of each board or commission;

(2) The average expenditures of each board or commission for the preceding three (3) fiscal years;

(3) (A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges. (B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount;

(A) Whether each board or commission has reduced regulatory fees and charges under this section in the preceding three (3) years and, if so, the projected time period for the reduction of the regulatory fees and charges.

(B) If the secretary anticipates continuing the reduction of one (1) or more regulatory fees and charges in future years based on the fund balance of the board or commission, the report shall include the projected date on which the secretary anticipates the regulatory fee or charge will return to its required amount;

(4) If a board or commission was eligible for a reduction of regulatory fees and charges under this section but the secretary determined there were valid reasons to not do so, an explanation of the reasons for declining to implement a reduction of regulatory fees and charges for the board or commission; and

(5) If a board or commission reduced regulatory fees and charges under this section in the preceding three (3) years, whether the board or commission terminated a reduction of regulatory fees and charges under subsection (f) of this section.

Added by Act 2023, No. 114,§ 2, eff. 7/1/2023.
Ark. Code Ann. § 25-32-115 — AR Code / Title 25 / Chapter 32 / Section 25-32-115
Time and place of sending and receipt
Status: in_force

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) is in a form capable of being processed by that system; and (3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) it is in a form capable of being processed by that system. (c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d). (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply: (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (e) An electronic record is received under subsection (b) even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement. Acts 2001, No. 905, § 15.

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) is in a form capable of being processed by that system; and (3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) is in a form capable of being processed by that system; and

(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) it is in a form capable of being processed by that system.

(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) it is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply: (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

Acts 2001, No. 905, § 15.
Ark. Code Ann. § 25-1-403 — AR Code / Title 25 / Chapter 1 / Subchapter 4 / Section 25-1-403
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Expenditure data" means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations. (B) "Expenditure data" does not include expenses of pending litigation. (C) "Expenditure data" includes copies of contingency fee contracts under § 25-16-715 ; (2) (A) "State agency" means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education. (B) "State agency" includes without limitation. (i) The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands; (ii) Legislative commissions, bureaus, and offices; (iii) Judicial offices; (iv) Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and (v) The Office of the Arkansas Lottery; (3) "Vendor" means an entity that: (A) Provides goods and services within its normal business operations; (B) May provide similar goods and services to many different purchasers; and (C) Operates in a competitive environment; and (4) "Website" means a site on the internet: (A) Identifiable by a specific uniform resource locator; (B) Accessible to the public at no cost; and (C) Requiring no information of the user. Amended by Act 2015, No. 851,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 27, eff. 2/26/2015. Acts 2011, No. 303, § 1.

As used in this subchapter:

(1) (A) "Expenditure data" means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations. (B) "Expenditure data" does not include expenses of pending litigation. (C) "Expenditure data" includes copies of contingency fee contracts under § 25-16-715 ;

(A) "Expenditure data" means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations.

(B) "Expenditure data" does not include expenses of pending litigation.

(C) "Expenditure data" includes copies of contingency fee contracts under § 25-16-715 ;

(2) (A) "State agency" means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education. (B) "State agency" includes without limitation. (i) The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands; (ii) Legislative commissions, bureaus, and offices; (iii) Judicial offices; (iv) Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and (v) The Office of the Arkansas Lottery;

(A) "State agency" means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education.

(B) "State agency" includes without limitation. (i) The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands; (ii) Legislative commissions, bureaus, and offices; (iii) Judicial offices; (iv) Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and (v) The Office of the Arkansas Lottery;

(i) The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands;

(ii) Legislative commissions, bureaus, and offices;

(iii) Judicial offices;

(iv) Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and

(v) The Office of the Arkansas Lottery;

(3) "Vendor" means an entity that: (A) Provides goods and services within its normal business operations; (B) May provide similar goods and services to many different purchasers; and (C) Operates in a competitive environment; and

(A) Provides goods and services within its normal business operations;

(B) May provide similar goods and services to many different purchasers; and

(C) Operates in a competitive environment; and

(4) "Website" means a site on the internet: (A) Identifiable by a specific uniform resource locator; (B) Accessible to the public at no cost; and (C) Requiring no information of the user.

(A) Identifiable by a specific uniform resource locator;

(B) Accessible to the public at no cost; and

(C) Requiring no information of the user.

Amended by Act 2015, No. 851,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 218,§ 27, eff. 2/26/2015.

Acts 2011, No. 303, § 1.
Ark. Code Ann. § 25-10-148 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-148
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Extra help positions - Limitations
Status: in_force

Employees in extra help positions in the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall not, in a fiscal year: (1) Receive an amount exceeding eighty-five percent (85%) of the maximum annual salary for a comparable position as authorized under the Uniform Classification and Compensation Act, § 21-5-201 et seq.; or (2) Be employed for a period of time exceeding one thousand eight hundred (1,800) hours. Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.

Employees in extra help positions in the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall not, in a fiscal year:

(1) Receive an amount exceeding eighty-five percent (85%) of the maximum annual salary for a comparable position as authorized under the Uniform Classification and Compensation Act, § 21-5-201 et seq.; or

(2) Be employed for a period of time exceeding one thousand eight hundred (1,800) hours.

Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Ark. Code Ann. § 25-43-1604 — AR Code / Title 25 / Chapter 43 / Subchapter 16 / Section 25-43-1604
Secretary of the Department of Veterans Affairs
Status: in_force

(a) The executive head of the Department of Veterans Affairs shall be the Secretary of the Department of Veterans Affairs. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) The Governor may appoint a qualified secretary who has: (1) Served in the United States Armed Forces during a period of conflict as defined by the United States Congress; (2) Been honorably discharged from the United States Armed Forces; and (3) Been a resident of the State of Arkansas for two (2) or more years preceding his or her appointment. (g) The secretary shall promote and supervise the dissemination of available information concerning the rights of veterans and their dependents. (h) The secretary may establish, maintain, and operate district offices within the State of Arkansas as may be necessary. (i) The secretary may employ other employees, full-time or part-time, as may be determined necessary, within the limits of the funds appropriated for that purpose. (j) (1) An employee under the supervision of the department shall not accept, receive, or charge any money, article, or thing of value for the performance of any service rendered to any veteran or his or her dependents at any time or in any manner. (2) Any person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned not less than thirty (30) days nor more than six (6) months, or both. (k) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 15, eff. 7/28/2021. Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.

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

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

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

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

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

(1) Hire department personnel;

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

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

(f) The Governor may appoint a qualified secretary who has: (1) Served in the United States Armed Forces during a period of conflict as defined by the United States Congress; (2) Been honorably discharged from the United States Armed Forces; and (3) Been a resident of the State of Arkansas for two (2) or more years preceding his or her appointment.

(1) Served in the United States Armed Forces during a period of conflict as defined by the United States Congress;

(2) Been honorably discharged from the United States Armed Forces; and

(3) Been a resident of the State of Arkansas for two (2) or more years preceding his or her appointment.

(g) The secretary shall promote and supervise the dissemination of available information concerning the rights of veterans and their dependents.

(h) The secretary may establish, maintain, and operate district offices within the State of Arkansas as may be necessary.

(i) The secretary may employ other employees, full-time or part-time, as may be determined necessary, within the limits of the funds appropriated for that purpose.

(j) (1) An employee under the supervision of the department shall not accept, receive, or charge any money, article, or thing of value for the performance of any service rendered to any veteran or his or her dependents at any time or in any manner. (2) Any person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned not less than thirty (30) days nor more than six (6) months, or both.

(1) An employee under the supervision of the department shall not accept, receive, or charge any money, article, or thing of value for the performance of any service rendered to any veteran or his or her dependents at any time or in any manner.

(2) Any person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned not less than thirty (30) days nor more than six (6) months, or both.

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

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

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

Amended by Act 2021, No. 413,§ 15, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.
Ark. Code Ann. § 25-43-305 — AR Code / Title 25 / Chapter 43 / Subchapter 3 / Section 25-43-305
Adult Education Section
Status: in_force

(a) There is created within the Division of Workforce Services an Adult Education Section. (b) The Secretary of the Department of Commerce may delegate any duties and responsibilities to the section. (c) The secretary may employ the personnel necessary to administer the section. Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.

(a) There is created within the Division of Workforce Services an Adult Education Section.

(b) The Secretary of the Department of Commerce may delegate any duties and responsibilities to the section.

(c) The secretary may employ the personnel necessary to administer the section.

Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Ark. Code Ann. § 25-43-901 — AR Code / Title 25 / Chapter 43 / Subchapter 9 / Section 25-43-901
Department of Human Services
Status: in_force

There is created the Department of Human Services as a cabinet-level department. Added by Act 2019, No. 910,§ 5121, eff. 7/1/2019.

There is created the Department of Human Services as a cabinet-level department.

Added by Act 2019, No. 910,§ 5121, eff. 7/1/2019.
Ark. Code Ann. § 25-2-101 — AR Code / Title 25 / Chapter 2 / Section 25-2-101
Legislative findings and purpose - Construction
Status: in_force

(a) The General Assembly declares that this act is necessary: (1) To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; (2) To establish executive authority over those areas where executive responsibility presently lies; (3) To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government; (4) To strengthen the role of the General Assembly in state government; (5) To encourage greater participation of the public in state government; (6) To effect the grouping of state agencies into a limited number of departments primarily according to function; and (7) To eliminate overlapping and duplication of effort. (b) It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to the principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense. (c) To the ends stated in this section, this act shall be liberally construed. Acts 1971, No. 38, § 1; A.S.A. 1947, § 5-901.

(a) The General Assembly declares that this act is necessary: (1) To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; (2) To establish executive authority over those areas where executive responsibility presently lies; (3) To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government; (4) To strengthen the role of the General Assembly in state government; (5) To encourage greater participation of the public in state government; (6) To effect the grouping of state agencies into a limited number of departments primarily according to function; and (7) To eliminate overlapping and duplication of effort.

(1) To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions;

(2) To establish executive authority over those areas where executive responsibility presently lies;

(3) To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government;

(4) To strengthen the role of the General Assembly in state government;

(5) To encourage greater participation of the public in state government;

(6) To effect the grouping of state agencies into a limited number of departments primarily according to function; and

(7) To eliminate overlapping and duplication of effort.

(b) It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to the principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.

(c) To the ends stated in this section, this act shall be liberally construed.

Acts 1971, No. 38, § 1; A.S.A. 1947, § 5-901.
Ark. Code Ann. § 25-20-104 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-104
Agreements for joint or cooperative action - Authority to make - Requirements generally
Status: in_force

(a) Any governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law and jointly with any public agency of any other state of the United States which has the same powers, privileges, or authority, but only to the extent that laws of the other state or of the United States permit the joint exercise or enjoyment. (b) Any two (2) or more public agencies may enter into agreements with one another for joint cooperative action pursuant to the provisions of this chapter. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before the agreement may enter into force. (c) Any agreement for joint or cooperative action shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) Its purposes; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters. (d) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, in addition to the items enumerated in subdivisions (c)(1) and (c)(3)-(6) of this section, the agreement shall contain the following: (1) Provisions for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented; and (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. (e) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that, to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, performance may be offered in satisfaction of the obligation or responsibility. (f) (1) Every agreement made under this section prior to and as a condition precedent to its entry into force shall be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. (2) The Attorney General shall approve any agreement submitted to him or her under this section unless he or she finds that it does not meet the conditions set forth in this section and shall detail, in writing addressed to the governing bodies of the public agencies concerned, the specific respects in which the proposed agreement fails to meet the requirements of law. (3) Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof. (g) Financing of joint projects by agreement shall be as provided by law. (h) In addition to other specific grants of authority as provided in the Arkansas Constitution and statutes and in addition to the formal cooperation authorized by this chapter, cities, towns, counties, and other units of government are authorized to associate and cooperate with one another on an informal basis without complying with the detailed procedure set out in this section. (i) In addition to the legal or administrative entities which may otherwise be legally created under Arkansas statutes, public agencies may create a separate legal entity in the form of a public body corporate and politic pursuant to: (1) Section 25-20-201 et seq. for the purpose of constructing, operating, and maintaining a public library system; (2) The Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the purpose of constructing, owning, operating, financing, and maintaining a consolidated waterworks system; or (3) The Consolidated Wastewater Systems Act, § 25-20-501 et seq., for the purpose of constructing, operating, financing, and maintaining a consolidated wastewater system. Acts 1967, No. 430, § 4; 1979, No. 52, § 1; A.S.A. 1947, § 14-904; Acts 1995, No. 813, § 1; 2001, No. 982, § 2; 2009, No. 1371, § 2.

(a) Any governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law and jointly with any public agency of any other state of the United States which has the same powers, privileges, or authority, but only to the extent that laws of the other state or of the United States permit the joint exercise or enjoyment.

(b) Any two (2) or more public agencies may enter into agreements with one another for joint cooperative action pursuant to the provisions of this chapter. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before the agreement may enter into force.

(c) Any agreement for joint or cooperative action shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) Its purposes; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters.

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated to it, provided that the entity may be legally created;

(3) Its purposes;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;

(5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and

(6) Any other necessary and proper matters.

(d) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, in addition to the items enumerated in subdivisions (c)(1) and (c)(3)-(6) of this section, the agreement shall contain the following: (1) Provisions for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented; and (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

(1) Provisions for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented; and

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

(e) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that, to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, performance may be offered in satisfaction of the obligation or responsibility.

(f) (1) Every agreement made under this section prior to and as a condition precedent to its entry into force shall be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. (2) The Attorney General shall approve any agreement submitted to him or her under this section unless he or she finds that it does not meet the conditions set forth in this section and shall detail, in writing addressed to the governing bodies of the public agencies concerned, the specific respects in which the proposed agreement fails to meet the requirements of law. (3) Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.

(1) Every agreement made under this section prior to and as a condition precedent to its entry into force shall be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state.

(2) The Attorney General shall approve any agreement submitted to him or her under this section unless he or she finds that it does not meet the conditions set forth in this section and shall detail, in writing addressed to the governing bodies of the public agencies concerned, the specific respects in which the proposed agreement fails to meet the requirements of law.

(3) Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.

(g) Financing of joint projects by agreement shall be as provided by law.

(h) In addition to other specific grants of authority as provided in the Arkansas Constitution and statutes and in addition to the formal cooperation authorized by this chapter, cities, towns, counties, and other units of government are authorized to associate and cooperate with one another on an informal basis without complying with the detailed procedure set out in this section.

(i) In addition to the legal or administrative entities which may otherwise be legally created under Arkansas statutes, public agencies may create a separate legal entity in the form of a public body corporate and politic pursuant to: (1) Section 25-20-201 et seq. for the purpose of constructing, operating, and maintaining a public library system; (2) The Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the purpose of constructing, owning, operating, financing, and maintaining a consolidated waterworks system; or (3) The Consolidated Wastewater Systems Act, § 25-20-501 et seq., for the purpose of constructing, operating, financing, and maintaining a consolidated wastewater system.

(1) Section 25-20-201 et seq. for the purpose of constructing, operating, and maintaining a public library system;

(2) The Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the purpose of constructing, owning, operating, financing, and maintaining a consolidated waterworks system; or

(3) The Consolidated Wastewater Systems Act, § 25-20-501 et seq., for the purpose of constructing, operating, financing, and maintaining a consolidated wastewater system.

Acts 1967, No. 430, § 4; 1979, No. 52, § 1; A.S.A. 1947, § 14-904; Acts 1995, No. 813, § 1; 2001, No. 982, § 2; 2009, No. 1371, § 2.
Ark. Code Ann. § 25-43-602 — AR Code / Title 25 / Chapter 43 / Subchapter 6 / Section 25-43-602
State entities transferred to Department of Energy and Environment
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Energy and Environment by a cabinet-level transfer: (1) The Advisory Committee on Petroleum Storage Tanks, created under § 8-7-904 ; (2) The Arkansas Department of Environmental Quality, now to be known as the "Division of Environmental Quality", created under § 25-43-604 ; (3) The Office of the State Geologist, created under § 15-55-201 ; (4) The Arkansas Pollution Control and Ecology Commission, created under § 8-4-104 ; (5) The Liquefied Petroleum Gas Board, created under § 15-75-201 ; (6) The Nutrient Water Quality Trading Advisory Panel, created under § 8-4-233 ; and (7) The Oil and Gas Commission, created under § 15-71-101 . (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Energy and Environment under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Energy and Environment under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Energy and Environment under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Energy and Environment in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 697,§ 21, eff. 7/1/2023. Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Energy and Environment by a cabinet-level transfer: (1) The Advisory Committee on Petroleum Storage Tanks, created under § 8-7-904 ; (2) The Arkansas Department of Environmental Quality, now to be known as the "Division of Environmental Quality", created under § 25-43-604 ; (3) The Office of the State Geologist, created under § 15-55-201 ; (4) The Arkansas Pollution Control and Ecology Commission, created under § 8-4-104 ; (5) The Liquefied Petroleum Gas Board, created under § 15-75-201 ; (6) The Nutrient Water Quality Trading Advisory Panel, created under § 8-4-233 ; and (7) The Oil and Gas Commission, created under § 15-71-101 .

(1) The Advisory Committee on Petroleum Storage Tanks, created under § 8-7-904 ;

(2) The Arkansas Department of Environmental Quality, now to be known as the "Division of Environmental Quality", created under § 25-43-604 ;

(3) The Office of the State Geologist, created under § 15-55-201 ;

(4) The Arkansas Pollution Control and Ecology Commission, created under § 8-4-104 ;

(5) The Liquefied Petroleum Gas Board, created under § 15-75-201 ;

(6) The Nutrient Water Quality Trading Advisory Panel, created under § 8-4-233 ; and

(7) The Oil and Gas Commission, created under § 15-71-101 .

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

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

Amended by Act 2023, No. 697,§ 21, eff. 7/1/2023.

Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Ark. Code Ann. § 25-43-301 — AR Code / Title 25 / Chapter 43 / Subchapter 3 / Section 25-43-301
Department of Commerce
Status: in_force

There is created a Department of Commerce as a cabinet-level department. Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.

There is created a Department of Commerce as a cabinet-level department.

Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Ark. Code Ann. § 25-30-105 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-105
Coordination between Division of Higher Education, Division of Elementary and Secondary Education, Office of Skills Development, and Career Education and Workforce Development Board
Status: in_force

The Career Education and Workforce Development Board, the Division of Higher Education, the Division of Elementary and Secondary Education, and the Office of Skills Development shall coordinate their activities to ensure that secondary and postsecondary career preparation is connected to create opportunities for a strong comprehensive education regardless of the student's ultimate career choice. Amended by Act 2023, No. 648,§ 5, eff. 8/1/2023. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

The Career Education and Workforce Development Board, the Division of Higher Education, the Division of Elementary and Secondary Education, and the Office of Skills Development shall coordinate their activities to ensure that secondary and postsecondary career preparation is connected to create opportunities for a strong comprehensive education regardless of the student's ultimate career choice.

Amended by Act 2023, No. 648,§ 5, eff. 8/1/2023.

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

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-4-101 — AR Code / Title 25 / Chapter 4 / Section 25-4-101
Title
Status: in_force

This chapter shall be known and cited as the "Arkansas Information Systems Act of 1997". Acts 1977, No. 884, § 1; A.S.A. 1947, § 5-1401; Acts 1997, No. 914, § 1.

This chapter shall be known and cited as the "Arkansas Information Systems Act of 1997".

Acts 1977, No. 884, § 1; A.S.A. 1947, § 5-1401; Acts 1997, No. 914, § 1.
Ark. Code Ann. § 25-16-201 — AR Code / Title 25 / Chapter 16 / Subchapter 2 / Section 25-16-201
Reorganization of agencies to meet federal program requirements
Status: in_force

(a) In order to protect the state's participation in various federal programs and to continue to obtain the benefits of those programs for the people of this state or where necessary to obtain the benefits of new or expanded federal programs, the Governor is authorized, by executive order, to establish, combine, abolish, or otherwise reorganize any of the agencies, departments, divisions, sections, or units within the executive department of government where the changes or reorganizations are necessary to comply with the applicable federal law or regulations governing federal programs. (b) However, whenever any executive order may move from the jurisdiction of any office, department, institution, or other agency any authority or jurisdiction of the agency in effect at the time of the order, the order shall be subject to confirmation by the General Assembly in the next following regular session, fiscal session, or special session, and the General Assembly by joint resolution may rescind the executive order. Acts 1971, No. 139, § 1; A.S.A. 1947, § 12-311; Acts 2009, No. 962, § 45.

(a) In order to protect the state's participation in various federal programs and to continue to obtain the benefits of those programs for the people of this state or where necessary to obtain the benefits of new or expanded federal programs, the Governor is authorized, by executive order, to establish, combine, abolish, or otherwise reorganize any of the agencies, departments, divisions, sections, or units within the executive department of government where the changes or reorganizations are necessary to comply with the applicable federal law or regulations governing federal programs.

(b) However, whenever any executive order may move from the jurisdiction of any office, department, institution, or other agency any authority or jurisdiction of the agency in effect at the time of the order, the order shall be subject to confirmation by the General Assembly in the next following regular session, fiscal session, or special session, and the General Assembly by joint resolution may rescind the executive order.

Acts 1971, No. 139, § 1; A.S.A. 1947, § 12-311; Acts 2009, No. 962, § 45.
Ark. Code Ann. § 25-16-714 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-714
Procurement of contingency fee contracts - Definitions
Status: in_force

(a) As used in this section: (1) "Government attorney" means an attorney employed by the state as a staff attorney in the Attorney General's office; (2) "Private attorney" means a private attorney or law firm; and (3) "State transparency website" means the website developed by the Department of Finance and Administration under the Arkansas Financial Transparency Act, § 25-1-401 et seq. (b) (1) The Attorney General shall not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination before entering into the contingency fee contract that contingency fee representation is both cost effective and in the public interest. (2) A written determination made under this subsection shall state: (A) Whether there are sufficient and appropriate legal and financial resources within the Attorney General's office to handle the matter; (B) The time and labor required; (C) The novelty, complexity, and difficulty of the questions involved; (D) The skill required to perform the attorney services properly; (E) The geographic area in which the attorney services are to be provided; and (F) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases. (c) (1) If the Attorney General makes a written determination under subsection (b) of this section, the Attorney General shall: (A) Draft a written request for proposals from private attorneys to represent the state on a contingency-fee basis; and (B) Post the request for proposals prominently on the Attorney General's website. (2) However, if the Attorney General determines that requesting proposals is not feasible under the relevant circumstances, he or she shall state the basis for this determination in writing and include the statement in the written determination required under subsection (b) of this section. (d) The Attorney General shall not enter into a contingency-fee contract that provides for the private attorney to receive an aggregate contingency fee, exclusive of reasonable costs and expenses, in excess of the sum of the following: (1) Twenty-five percent (25%) of any recovery up to ten million dollars ($10,000,000); (2) Twenty percent (20%) of any recovery between ten million dollars ($10,000,000) and fifteen million dollars ($15,000,000); (3) Fifteen percent (15%) of any recovery between fifteen million dollars ($15,000,000) and twenty million dollars ($20,000,000); (4) Ten percent (10%) of any recovery between twenty million dollars ($20,000,000) and twenty-five million dollars ($25,000,000); and (5) Five percent (5%) of any recovery exceeding twenty-five million dollars ($25,000,000). (e) An aggregate contingency fee shall not exceed fifty million dollars ($50,000,000), exclusive of reasonable costs and expenses, regardless of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery. (f) A contingency fee shall not be based on penalties or civil fines awarded or any amounts attributable to penalties or civil fines. (g) The Attorney General shall not enter into a contingency fee contract unless the following requirements are met throughout the contract period and any extensions of the contract period: (1) The government attorneys shall retain complete control over the course and conduct of the case; (2) A government attorney with supervisory authority shall be personally involved in overseeing the litigation; (3) The government attorneys shall retain the authority to reject any decisions made by outside counsel; (4) A defendant that is the subject of the litigation may contact the lead government attorneys directly without having to confer with contingency fee counsel; (5) A government attorney with supervisory authority for the case shall attend all settlement conferences; and (6) Decisions regarding settlement of the case shall be left exclusively to the discretion of the government attorneys and the Attorney General. (h) The Attorney General shall develop a standard addendum to each contingency fee contract that shall be used in all cases and shall describe in detail the responsibilities of the contracted private attorney and the Attorney General, including without limitation the requirements under subsection (g) of this section. (i) This section does not expand the authority of the Attorney General to enter into a contract that the Attorney General does not otherwise have the authority to execute. Added by Act 2015, No. 851,§ 2, eff. 7/22/2015.

(a) As used in this section: (1) "Government attorney" means an attorney employed by the state as a staff attorney in the Attorney General's office; (2) "Private attorney" means a private attorney or law firm; and (3) "State transparency website" means the website developed by the Department of Finance and Administration under the Arkansas Financial Transparency Act, § 25-1-401 et seq.

(1) "Government attorney" means an attorney employed by the state as a staff attorney in the Attorney General's office;

(2) "Private attorney" means a private attorney or law firm; and

(3) "State transparency website" means the website developed by the Department of Finance and Administration under the Arkansas Financial Transparency Act, § 25-1-401 et seq.

(b) (1) The Attorney General shall not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination before entering into the contingency fee contract that contingency fee representation is both cost effective and in the public interest. (2) A written determination made under this subsection shall state: (A) Whether there are sufficient and appropriate legal and financial resources within the Attorney General's office to handle the matter; (B) The time and labor required; (C) The novelty, complexity, and difficulty of the questions involved; (D) The skill required to perform the attorney services properly; (E) The geographic area in which the attorney services are to be provided; and (F) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases.

(1) The Attorney General shall not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination before entering into the contingency fee contract that contingency fee representation is both cost effective and in the public interest.

(2) A written determination made under this subsection shall state: (A) Whether there are sufficient and appropriate legal and financial resources within the Attorney General's office to handle the matter; (B) The time and labor required; (C) The novelty, complexity, and difficulty of the questions involved; (D) The skill required to perform the attorney services properly; (E) The geographic area in which the attorney services are to be provided; and (F) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases.

(A) Whether there are sufficient and appropriate legal and financial resources within the Attorney General's office to handle the matter;

(B) The time and labor required;

(C) The novelty, complexity, and difficulty of the questions involved;

(D) The skill required to perform the attorney services properly;

(E) The geographic area in which the attorney services are to be provided; and

(F) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases.

(c) (1) If the Attorney General makes a written determination under subsection (b) of this section, the Attorney General shall: (A) Draft a written request for proposals from private attorneys to represent the state on a contingency-fee basis; and (B) Post the request for proposals prominently on the Attorney General's website. (2) However, if the Attorney General determines that requesting proposals is not feasible under the relevant circumstances, he or she shall state the basis for this determination in writing and include the statement in the written determination required under subsection (b) of this section.

(1) If the Attorney General makes a written determination under subsection (b) of this section, the Attorney General shall: (A) Draft a written request for proposals from private attorneys to represent the state on a contingency-fee basis; and (B) Post the request for proposals prominently on the Attorney General's website.

(A) Draft a written request for proposals from private attorneys to represent the state on a contingency-fee basis; and

(B) Post the request for proposals prominently on the Attorney General's website.

(2) However, if the Attorney General determines that requesting proposals is not feasible under the relevant circumstances, he or she shall state the basis for this determination in writing and include the statement in the written determination required under subsection (b) of this section.

(d) The Attorney General shall not enter into a contingency-fee contract that provides for the private attorney to receive an aggregate contingency fee, exclusive of reasonable costs and expenses, in excess of the sum of the following: (1) Twenty-five percent (25%) of any recovery up to ten million dollars ($10,000,000); (2) Twenty percent (20%) of any recovery between ten million dollars ($10,000,000) and fifteen million dollars ($15,000,000); (3) Fifteen percent (15%) of any recovery between fifteen million dollars ($15,000,000) and twenty million dollars ($20,000,000); (4) Ten percent (10%) of any recovery between twenty million dollars ($20,000,000) and twenty-five million dollars ($25,000,000); and (5) Five percent (5%) of any recovery exceeding twenty-five million dollars ($25,000,000).

(1) Twenty-five percent (25%) of any recovery up to ten million dollars ($10,000,000);

(2) Twenty percent (20%) of any recovery between ten million dollars ($10,000,000) and fifteen million dollars ($15,000,000);

(3) Fifteen percent (15%) of any recovery between fifteen million dollars ($15,000,000) and twenty million dollars ($20,000,000);

(4) Ten percent (10%) of any recovery between twenty million dollars ($20,000,000) and twenty-five million dollars ($25,000,000); and

(5) Five percent (5%) of any recovery exceeding twenty-five million dollars ($25,000,000).

(e) An aggregate contingency fee shall not exceed fifty million dollars ($50,000,000), exclusive of reasonable costs and expenses, regardless of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery.

(f) A contingency fee shall not be based on penalties or civil fines awarded or any amounts attributable to penalties or civil fines.

(g) The Attorney General shall not enter into a contingency fee contract unless the following requirements are met throughout the contract period and any extensions of the contract period: (1) The government attorneys shall retain complete control over the course and conduct of the case; (2) A government attorney with supervisory authority shall be personally involved in overseeing the litigation; (3) The government attorneys shall retain the authority to reject any decisions made by outside counsel; (4) A defendant that is the subject of the litigation may contact the lead government attorneys directly without having to confer with contingency fee counsel; (5) A government attorney with supervisory authority for the case shall attend all settlement conferences; and (6) Decisions regarding settlement of the case shall be left exclusively to the discretion of the government attorneys and the Attorney General.

(1) The government attorneys shall retain complete control over the course and conduct of the case;

(2) A government attorney with supervisory authority shall be personally involved in overseeing the litigation;

(3) The government attorneys shall retain the authority to reject any decisions made by outside counsel;

(4) A defendant that is the subject of the litigation may contact the lead government attorneys directly without having to confer with contingency fee counsel;

(5) A government attorney with supervisory authority for the case shall attend all settlement conferences; and

(6) Decisions regarding settlement of the case shall be left exclusively to the discretion of the government attorneys and the Attorney General.

(h) The Attorney General shall develop a standard addendum to each contingency fee contract that shall be used in all cases and shall describe in detail the responsibilities of the contracted private attorney and the Attorney General, including without limitation the requirements under subsection (g) of this section.

(i) This section does not expand the authority of the Attorney General to enter into a contract that the Attorney General does not otherwise have the authority to execute.

Added by Act 2015, No. 851,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 25-38-203 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-203
Department of Agriculture - Powers and duties
Status: in_force

(a) The Department of Agriculture shall: (1) Administer the departments, institutions, other agencies, or parts of departments, institutions, or other agencies transferred to the department under § 25-38-211 ; (2) Coordinate all existing programs and create any new programs that will enhance the marketing of the state's agricultural products to intrastate, national, and international markets; (3) Establish a clearinghouse for collecting, correlating, analyzing, and interpreting marketing and educational information and data concerning the needs of and resources for agriculture, aquaculture, horticulture, forestry, and kindred industries; (4) Develop a website devoted to marketing and education concerning agriculture, aquaculture, horticulture, forestry, and kindred industries, including a distinctive logo publicizing products as "Grown in Arkansas"; (5) Encourage the organization of neighborhood and county agricultural clubs and associations; (6) Coordinate the various activities of the department with those of the United States Government and other states on matters pertaining to agriculture, aquaculture, horticulture, forestry, and kindred industries and enter into agreements for that purpose; (7) Coordinate with existing programs concerning agriculture, aquaculture, horticulture, forestry, and kindred industries with the Division of Agriculture of the University of Arkansas; (8) Make all contracts and grants and employ, to the extent funds are available, such personnel as may be necessary to carry out the purposes of this chapter; (9) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter; (10) Establish a uniform allowance program for certain staff and field employees; (11) Prepare and submit annually to the Governor a report of the department's expenditures and accomplishments, including information from all entities administered by the department; (12) Designate employees who shall have the powers of peace officers or institutional law enforcement officers in the enforcement of the criminal laws of this state; and (13) Develop a report to be submitted each year on January 1 to the Governor, the Senate Committee on Agriculture, Forestry, and Economic Development, and the House Committee on Agriculture, Forestry, and Economic Development, concerning the activities and programs of the: (A) Arkansas Catfish Promotion Board; (B) Arkansas Soybean Promotion Board; (C) Arkansas Rice Research and Promotion Board; (D) Arkansas Wheat Promotion Board; (E) Arkansas Corn and Grain Sorghum Promotion Board; and (F) Arkansas Beef Council. (b) The department may: (1) Promulgate rules regarding the labeling of horticultural, viticultural, livestock, and poultry products that are edible by humans, including without limitation rice; (2) Receive and investigate complaints regarding alleged violations of the rules promulgated under subdivision (b)(1) of this section; and (3) (A) Assess a civil penalty not to exceed one thousand dollars ($1,000) for each violation of the rules promulgated under subdivision (b)(1) of this section. (B) A civil penalty assessed and collected under subdivision (b)(3)(A) of this section shall be deposited into the Plant Board Fund. Amended by Act 2023, No. 712,§ 10, eff. 7/1/2023. Amended by Act 2019, No. 741,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5, eff. 7/1/2019. Acts 2005, No. 1978, § 2.

(a) The Department of Agriculture shall: (1) Administer the departments, institutions, other agencies, or parts of departments, institutions, or other agencies transferred to the department under § 25-38-211 ; (2) Coordinate all existing programs and create any new programs that will enhance the marketing of the state's agricultural products to intrastate, national, and international markets; (3) Establish a clearinghouse for collecting, correlating, analyzing, and interpreting marketing and educational information and data concerning the needs of and resources for agriculture, aquaculture, horticulture, forestry, and kindred industries; (4) Develop a website devoted to marketing and education concerning agriculture, aquaculture, horticulture, forestry, and kindred industries, including a distinctive logo publicizing products as "Grown in Arkansas"; (5) Encourage the organization of neighborhood and county agricultural clubs and associations; (6) Coordinate the various activities of the department with those of the United States Government and other states on matters pertaining to agriculture, aquaculture, horticulture, forestry, and kindred industries and enter into agreements for that purpose; (7) Coordinate with existing programs concerning agriculture, aquaculture, horticulture, forestry, and kindred industries with the Division of Agriculture of the University of Arkansas; (8) Make all contracts and grants and employ, to the extent funds are available, such personnel as may be necessary to carry out the purposes of this chapter; (9) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter; (10) Establish a uniform allowance program for certain staff and field employees; (11) Prepare and submit annually to the Governor a report of the department's expenditures and accomplishments, including information from all entities administered by the department; (12) Designate employees who shall have the powers of peace officers or institutional law enforcement officers in the enforcement of the criminal laws of this state; and (13) Develop a report to be submitted each year on January 1 to the Governor, the Senate Committee on Agriculture, Forestry, and Economic Development, and the House Committee on Agriculture, Forestry, and Economic Development, concerning the activities and programs of the: (A) Arkansas Catfish Promotion Board; (B) Arkansas Soybean Promotion Board; (C) Arkansas Rice Research and Promotion Board; (D) Arkansas Wheat Promotion Board; (E) Arkansas Corn and Grain Sorghum Promotion Board; and (F) Arkansas Beef Council.

(1) Administer the departments, institutions, other agencies, or parts of departments, institutions, or other agencies transferred to the department under § 25-38-211 ;

(2) Coordinate all existing programs and create any new programs that will enhance the marketing of the state's agricultural products to intrastate, national, and international markets;

(3) Establish a clearinghouse for collecting, correlating, analyzing, and interpreting marketing and educational information and data concerning the needs of and resources for agriculture, aquaculture, horticulture, forestry, and kindred industries;

(4) Develop a website devoted to marketing and education concerning agriculture, aquaculture, horticulture, forestry, and kindred industries, including a distinctive logo publicizing products as "Grown in Arkansas";

(5) Encourage the organization of neighborhood and county agricultural clubs and associations;

(6) Coordinate the various activities of the department with those of the United States Government and other states on matters pertaining to agriculture, aquaculture, horticulture, forestry, and kindred industries and enter into agreements for that purpose;

(7) Coordinate with existing programs concerning agriculture, aquaculture, horticulture, forestry, and kindred industries with the Division of Agriculture of the University of Arkansas;

(8) Make all contracts and grants and employ, to the extent funds are available, such personnel as may be necessary to carry out the purposes of this chapter;

(9) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this chapter;

(10) Establish a uniform allowance program for certain staff and field employees;

(11) Prepare and submit annually to the Governor a report of the department's expenditures and accomplishments, including information from all entities administered by the department;

(12) Designate employees who shall have the powers of peace officers or institutional law enforcement officers in the enforcement of the criminal laws of this state; and

(13) Develop a report to be submitted each year on January 1 to the Governor, the Senate Committee on Agriculture, Forestry, and Economic Development, and the House Committee on Agriculture, Forestry, and Economic Development, concerning the activities and programs of the: (A) Arkansas Catfish Promotion Board; (B) Arkansas Soybean Promotion Board; (C) Arkansas Rice Research and Promotion Board; (D) Arkansas Wheat Promotion Board; (E) Arkansas Corn and Grain Sorghum Promotion Board; and (F) Arkansas Beef Council.

(A) Arkansas Catfish Promotion Board;

(B) Arkansas Soybean Promotion Board;

(C) Arkansas Rice Research and Promotion Board;

(D) Arkansas Wheat Promotion Board;

(E) Arkansas Corn and Grain Sorghum Promotion Board; and

(F) Arkansas Beef Council.

(b) The department may: (1) Promulgate rules regarding the labeling of horticultural, viticultural, livestock, and poultry products that are edible by humans, including without limitation rice; (2) Receive and investigate complaints regarding alleged violations of the rules promulgated under subdivision (b)(1) of this section; and (3) (A) Assess a civil penalty not to exceed one thousand dollars ($1,000) for each violation of the rules promulgated under subdivision (b)(1) of this section. (B) A civil penalty assessed and collected under subdivision (b)(3)(A) of this section shall be deposited into the Plant Board Fund.

(1) Promulgate rules regarding the labeling of horticultural, viticultural, livestock, and poultry products that are edible by humans, including without limitation rice;

(2) Receive and investigate complaints regarding alleged violations of the rules promulgated under subdivision (b)(1) of this section; and

(3) (A) Assess a civil penalty not to exceed one thousand dollars ($1,000) for each violation of the rules promulgated under subdivision (b)(1) of this section. (B) A civil penalty assessed and collected under subdivision (b)(3)(A) of this section shall be deposited into the Plant Board Fund.

(A) Assess a civil penalty not to exceed one thousand dollars ($1,000) for each violation of the rules promulgated under subdivision (b)(1) of this section.

(B) A civil penalty assessed and collected under subdivision (b)(3)(A) of this section shall be deposited into the Plant Board Fund.

Amended by Act 2023, No. 712,§ 10, eff. 7/1/2023.

Amended by Act 2019, No. 741,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5, eff. 7/1/2019.

Acts 2005, No. 1978, § 2.
Ark. Code Ann. § 25-20-311 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-311
Lien in favor of bondholders
Status: in_force

(a) The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system. (b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security. (c) Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this subchapter may enforce either at law or in equity the mortgage lien and may compel by proper suit the performance of the duties of the officers of the issuing public body set forth in this subchapter. (d) If there be default in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the consolidated waterworks system or the specified portion of the consolidated waterworks system pledged to the payment of the bonds on behalf of the public body, with power to charge and collect rates sufficient to provide for the payment of the bonds and the interest thereon and for the payment of the operating expenses and to apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds. Acts 2001, No. 982, § 1.

(a) The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system.

(b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.

(c) Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this subchapter may enforce either at law or in equity the mortgage lien and may compel by proper suit the performance of the duties of the officers of the issuing public body set forth in this subchapter.

(d) If there be default in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the consolidated waterworks system or the specified portion of the consolidated waterworks system pledged to the payment of the bonds on behalf of the public body, with power to charge and collect rates sufficient to provide for the payment of the bonds and the interest thereon and for the payment of the operating expenses and to apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-29-105 — AR Code / Title 25 / Chapter 29 / Section 25-29-105
Staff - Real property - Debt
Status: in_force

(a) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall not employ any person as a salaried employee but shall rely upon volunteers and professional services obtained by contract. (b) No corporate asset may be used to purchase or lease any real property, nor is the corporation authorized to incur any indebtedness. Amended by Act 2021, No. 84,§ 20, eff. 7/28/2021. Acts 1997, No. 1080, § 5.

(a) The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall not employ any person as a salaried employee but shall rely upon volunteers and professional services obtained by contract.

(b) No corporate asset may be used to purchase or lease any real property, nor is the corporation authorized to incur any indebtedness.

Amended by Act 2021, No. 84,§ 20, eff. 7/28/2021.

Acts 1997, No. 1080, § 5.
Ark. Code Ann. § 25-20-502 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-502
Creation
Status: in_force

(a) Any two (2) or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., for the purpose of consolidating wastewater systems may create a public body corporate and politic as a separate legal entity for the purpose of constructing, owning, managing, operating, financing, mortgaging, granting security interests in, improving, extending, acquiring, reconstructing, equipping, selling, leasing, contracting concerning, dealing in, disposing of, and maintaining a consolidated wastewater system. (b) The governing body of each public agency wishing to create a public body under this subchapter shall approve by ordinance or resolution or otherwise the filing of an application with the Secretary of State to create a public body under this subchapter and approve an interlocal agreement specifying the matters set forth in § 25-20-104 . The interlocal agreement shall: (1) Specify limitations on the exercise of the public body's powers, including without limitation matters in which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers; (2) Provide for reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies find appropriate; (3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner, which voting rights may vary by commissioner; and (4) Set forth other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate. (c) (1) An application to create a public body under this subchapter shall set forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate. (2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency. (d) (1) The Secretary of State shall examine the application, and if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established. (e) (1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been amended in accordance with this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) On the filing of the amendment with the Secretary of State under this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation. Acts 2009, No. 1371, § 1.

(a) Any two (2) or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act, § 25-20-101 et seq., for the purpose of consolidating wastewater systems may create a public body corporate and politic as a separate legal entity for the purpose of constructing, owning, managing, operating, financing, mortgaging, granting security interests in, improving, extending, acquiring, reconstructing, equipping, selling, leasing, contracting concerning, dealing in, disposing of, and maintaining a consolidated wastewater system.

(b) The governing body of each public agency wishing to create a public body under this subchapter shall approve by ordinance or resolution or otherwise the filing of an application with the Secretary of State to create a public body under this subchapter and approve an interlocal agreement specifying the matters set forth in § 25-20-104 . The interlocal agreement shall: (1) Specify limitations on the exercise of the public body's powers, including without limitation matters in which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers; (2) Provide for reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies find appropriate; (3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner, which voting rights may vary by commissioner; and (4) Set forth other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate.

(1) Specify limitations on the exercise of the public body's powers, including without limitation matters in which the participating public agencies reserve rights to approve, disapprove, or otherwise participate in any exercise of the public body's powers;

(2) Provide for reasonable franchise fees, payments in lieu of taxes, or other payments by the public body to the participating public agencies as the public agencies find appropriate;

(3) Specify the number of commissioners of the public body, the terms of office of the commissioners, the manner of appointing or electing the commissioners, the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter, and the voting rights of each commissioner, which voting rights may vary by commissioner; and

(4) Set forth other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate.

(c) (1) An application to create a public body under this subchapter shall set forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate. (2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency.

(1) An application to create a public body under this subchapter shall set forth: (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) The number of commissioners of the public body; (E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter; (F) The voting rights of each commissioner; (G) Special procedures for amending the certificate of incorporation, if any; and (H) Other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate.

(A) A request that a public body corporate and politic be created under this subchapter;

(B) The proposed name for the public body;

(C) The names of the participating public agencies;

(D) The number of commissioners of the public body;

(E) The manner in which commissioners of the public body will be appointed or elected and the residency requirements, if any, applicable to commissioners in addition to those set forth in this subchapter;

(F) The voting rights of each commissioner;

(G) Special procedures for amending the certificate of incorporation, if any; and

(H) Other matters consistent with this subchapter concerning the creation and operation of the public body as the participating public agencies find necessary or appropriate.

(2) The application shall be signed on behalf of each participating public agency by an authorized official of the public agency.

(d) (1) The Secretary of State shall examine the application, and if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office. (2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established.

(1) The Secretary of State shall examine the application, and if the Secretary of State finds that the name proposed for the public body is not identical with that of any other corporation, agency, or instrumentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and file the application; (B) Record the application in an appropriate book of record in his or her office; (C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and (D) Record the certificate in an appropriate book of record in his or her office.

(A) Receive and file the application;

(B) Record the application in an appropriate book of record in his or her office;

(C) Make and issue a certificate of incorporation under the seal of the state setting forth the name of the public body and the names of the participating public agencies; and

(D) Record the certificate in an appropriate book of record in his or her office.

(2) A copy of the certificate of incorporation certified by the Secretary of State shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the public body and shall be conclusive proof of the filing and contents of the certificate and the effective creation of the public body under this subchapter, absent fraud in the premises being established.

(e) (1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote. (2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been amended in accordance with this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) On the filing of the amendment with the Secretary of State under this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(1) Any certificate of incorporation issued by the Secretary of State under this subchapter may be amended from time to time in the manner provided in the certificate of incorporation then existing or, if the certificate of incorporation does not specify a procedure for its amendment, with the consent of a majority of the commissioners of the public body who are entitled to vote.

(2) (A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been amended in accordance with this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation. (B) On the filing of the amendment with the Secretary of State under this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

(A) The amendment shall be signed by an officer or other authorized person of the public body, who shall certify that the certificate of incorporation has been amended in accordance with this subchapter and, as applicable, in the manner prescribed in the then-existing certificate of incorporation.

(B) On the filing of the amendment with the Secretary of State under this section, the Secretary of State shall make and issue an amendment to the certificate of incorporation.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-34-111 — AR Code / Title 25 / Chapter 34 / Section 25-34-111
Computer and electronic equipment landfill ban
Status: in_force

Effective January 1, 2010, the Arkansas Pollution Control and Ecology Commission may establish and implement rules banning the disposal of all computer and electronic equipment in Arkansas landfills. Acts 2001, No. 1410, § 12; 2005, No. 970, § 6; 2007, No. 512, § 3.

Effective January 1, 2010, the Arkansas Pollution Control and Ecology Commission may establish and implement rules banning the disposal of all computer and electronic equipment in Arkansas landfills.

Acts 2001, No. 1410, § 12; 2005, No. 970, § 6; 2007, No. 512, § 3.
Ark. Code Ann. § 25-2-104 — AR Code / Title 25 / Chapter 2 / Section 25-2-104
Type 1 transfers
Status: in_force

(a) (1) When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including: (A) Rulemaking, regulation, licensing, and registration; (B) The promulgation of rules, rates, and standards; and (C) The rendering of findings, orders, and adjudications. (2) It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department. (b) Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended. (c) Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department. Amended by Act 2019, No. 315,§ 2910, eff. 7/24/2019. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.

(a) (1) When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including: (A) Rulemaking, regulation, licensing, and registration; (B) The promulgation of rules, rates, and standards; and (C) The rendering of findings, orders, and adjudications. (2) It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.

(1) When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including: (A) Rulemaking, regulation, licensing, and registration; (B) The promulgation of rules, rates, and standards; and (C) The rendering of findings, orders, and adjudications.

(A) Rulemaking, regulation, licensing, and registration;

(B) The promulgation of rules, rates, and standards; and

(C) The rendering of findings, orders, and adjudications.

(2) It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.

(b) Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.

(c) Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.

Amended by Act 2019, No. 315,§ 2910, eff. 7/24/2019.

Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.
Ark. Code Ann. § 25-1-805 — AR Code / Title 25 / Chapter 1 / Subchapter 8 / Section 25-1-805
Enforcement - Penalty
Status: in_force

A person that knowingly violates this subchapter is guilty of a Class C misdemeanor. Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.

A person that knowingly violates this subchapter is guilty of a Class C misdemeanor.

Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.