Ark. Code Ann. § 25-10-126 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-126
Grants-in-aid - Conditions for receiving funds
Status: in_force

Any private nonprofit community-based agency that receives grants-in-aid through the Department of Human Services for the provision of services, as a condition of receiving such funds, shall: (1) Meet minimum standards of performance in the delivery of services as defined by the department's division or office from which the grant-in-aid is awarded; (2) Supply statistical data to the department; and (3) Establish and maintain a sound financial management system in accordance with guidelines as set forth by the department. Acts 1993, No. 1239, § 71.

Any private nonprofit community-based agency that receives grants-in-aid through the Department of Human Services for the provision of services, as a condition of receiving such funds, shall:

(1) Meet minimum standards of performance in the delivery of services as defined by the department's division or office from which the grant-in-aid is awarded;

(2) Supply statistical data to the department; and

(3) Establish and maintain a sound financial management system in accordance with guidelines as set forth by the department.

Acts 1993, No. 1239, § 71.
Ark. Code Ann. § 25-26-204 — AR Code / Title 25 / Chapter 26 / Subchapter 2 / Section 25-26-204
Procurement requirements
Status: in_force

(a) (1) The technology access clause specified in § 25-26-203 shall be developed by the Division of Information Systems and shall require compliance with nonvisual access standards established by the division. (2) The technology access clause shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this subchapter on or after July 30, 1999. (b) The nonvisual access standards established by the division under subsection (a) of this section shall: (1) Include the specifications necessary to fulfill the assurances in § 25-26-203 ; (2) Follow the standards for software applications and operating systems provided by 36 C.F.R. § 1194.21 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019; (3) Follow the standards for web-based intranet and internet information and applications provided by 36 C.F.R. § 1194.22 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019; and (4) Include the following minimum specifications: (A) That, to the extent provided in this subchapter, effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means; (B) That, to the extent provided in this subchapter, the technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts; (C) That, to the extent provided in this subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and (D) That, to the extent provided in this subchapter, the technology for nonvisual access has the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. (c) The minimum specifications under subsection (b) of this section do not prohibit the purchase or use of an information technology product that does not meet these standards if the information manipulated or presented by the product is inherently visual in nature so that its meaning cannot be conveyed nonvisually. Amended by Act 2019, No. 218,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6309, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6308, eff. 7/1/2019. Amended by Act 2013, No. 308,§ 4, eff. 3/11/2013. Acts 1999, No. 1227, § 4; 2003, No. 1301, § 1; 2011, No. 750, § 1.

(a) (1) The technology access clause specified in § 25-26-203 shall be developed by the Division of Information Systems and shall require compliance with nonvisual access standards established by the division. (2) The technology access clause shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this subchapter on or after July 30, 1999.

(1) The technology access clause specified in § 25-26-203 shall be developed by the Division of Information Systems and shall require compliance with nonvisual access standards established by the division.

(2) The technology access clause shall be included in all contracts for the procurement of information technology by or for the use of entities covered by this subchapter on or after July 30, 1999.

(b) The nonvisual access standards established by the division under subsection (a) of this section shall: (1) Include the specifications necessary to fulfill the assurances in § 25-26-203 ; (2) Follow the standards for software applications and operating systems provided by 36 C.F.R. § 1194.21 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019; (3) Follow the standards for web-based intranet and internet information and applications provided by 36 C.F.R. § 1194.22 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019; and (4) Include the following minimum specifications: (A) That, to the extent provided in this subchapter, effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means; (B) That, to the extent provided in this subchapter, the technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts; (C) That, to the extent provided in this subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and (D) That, to the extent provided in this subchapter, the technology for nonvisual access has the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

(1) Include the specifications necessary to fulfill the assurances in § 25-26-203 ;

(2) Follow the standards for software applications and operating systems provided by 36 C.F.R. § 1194.21 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019;

(3) Follow the standards for web-based intranet and internet information and applications provided by 36 C.F.R. § 1194.22 , as it existed on January 1, 2019, subject to the provisions of 36 C.F.R. §§ 1194.1 - 1194.4 , as they existed on January 1, 2019; and

(4) Include the following minimum specifications: (A) That, to the extent provided in this subchapter, effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means; (B) That, to the extent provided in this subchapter, the technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts; (C) That, to the extent provided in this subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and (D) That, to the extent provided in this subchapter, the technology for nonvisual access has the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

(A) That, to the extent provided in this subchapter, effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

(B) That, to the extent provided in this subchapter, the technology equipped for nonvisual access is compatible with information technology used by other individuals with whom the blind or visually impaired individual interacts;

(C) That, to the extent provided in this subchapter, nonvisual access technology is integrated into networks used to share communications among employees, program participants, and the public; and

(D) That, to the extent provided in this subchapter, the technology for nonvisual access has the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

(c) The minimum specifications under subsection (b) of this section do not prohibit the purchase or use of an information technology product that does not meet these standards if the information manipulated or presented by the product is inherently visual in nature so that its meaning cannot be conveyed nonvisually.

Amended by Act 2019, No. 218,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6309, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6308, eff. 7/1/2019.

Amended by Act 2013, No. 308,§ 4, eff. 3/11/2013.

Acts 1999, No. 1227, § 4; 2003, No. 1301, § 1; 2011, No. 750, § 1.
Ark. Code Ann. § 25-34-107 — AR Code / Title 25 / Chapter 34 / Section 25-34-107
Surplus equipment not sold
Status: in_force

(a) (1) Unsold surplus computer and electronic equipment may be donated by the owning agency to Arkansas public schools or local governments if the agency policy so provides. (2) Arkansas public schools and local governments are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency. (b) (1) Unsold surplus computer and electronic equipment may be donated by the owning agency to law enforcement agencies if the agency policy so provides. (2) Law enforcement agencies are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency. (c) (1) Unsold surplus computer equipment may be sent to the Marketing and Redistribution Section for sale, auction, recycling, donation, demanufacturing, or disposal. (2) Alternatively, the agency may maintain possession of computers and electronics and allow the Marketing and Redistribution Section to sell or auction the computer or electronic equipment via an internet website. Acts 2001, No. 1410, § 7; 2003, No. 1028, § 1; 2005, No. 970, § 5.

(a) (1) Unsold surplus computer and electronic equipment may be donated by the owning agency to Arkansas public schools or local governments if the agency policy so provides. (2) Arkansas public schools and local governments are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency.

(1) Unsold surplus computer and electronic equipment may be donated by the owning agency to Arkansas public schools or local governments if the agency policy so provides.

(2) Arkansas public schools and local governments are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency.

(b) (1) Unsold surplus computer and electronic equipment may be donated by the owning agency to law enforcement agencies if the agency policy so provides. (2) Law enforcement agencies are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency.

(1) Unsold surplus computer and electronic equipment may be donated by the owning agency to law enforcement agencies if the agency policy so provides.

(2) Law enforcement agencies are not required but may choose to accept unsold surplus computer and electronic equipment donated by the owning agency.

(c) (1) Unsold surplus computer equipment may be sent to the Marketing and Redistribution Section for sale, auction, recycling, donation, demanufacturing, or disposal. (2) Alternatively, the agency may maintain possession of computers and electronics and allow the Marketing and Redistribution Section to sell or auction the computer or electronic equipment via an internet website.

(1) Unsold surplus computer equipment may be sent to the Marketing and Redistribution Section for sale, auction, recycling, donation, demanufacturing, or disposal.

(2) Alternatively, the agency may maintain possession of computers and electronics and allow the Marketing and Redistribution Section to sell or auction the computer or electronic equipment via an internet website.

Acts 2001, No. 1410, § 7; 2003, No. 1028, § 1; 2005, No. 970, § 5.
Ark. Code Ann. § 25-31-101 — AR Code / Title 25 / Chapter 31 / Section 25-31-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Electronic Records and Signatures Act". Acts 1999, No. 718, § 1.

This chapter shall be known and may be cited as the "Arkansas Electronic Records and Signatures Act".

Acts 1999, No. 718, § 1.
Ark. Code Ann. § 25-20-417 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-417
Annual report and audit
Status: in_force

(a) During each calendar year, each authority shall make a public, written report to the governing bodies of the municipal electric utilities concerning its activities for the preceding calendar year. (b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the authority's revenues and expenses performed by an independent certified public accountant. Acts 2003, No. 366, § 1.

(a) During each calendar year, each authority shall make a public, written report to the governing bodies of the municipal electric utilities concerning its activities for the preceding calendar year.

(b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the authority's revenues and expenses performed by an independent certified public accountant.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-1-402 — AR Code / Title 25 / Chapter 1 / Subchapter 4 / Section 25-1-402
Legislative intent
Status: in_force

The General Assembly finds that: (1) Information technology has evolved to allow unprecedented levels of accessibility to financial information; (2) Information technology allowing access to expenditure information via the Internet now exists and is available to state government; and (3) Access to expenditures on an ongoing and regular basis will: (A) Assist citizens and members of the General Assembly in overseeing the operation of state government in Arkansas; and (B) Allow for a higher degree of accountability and efficiency in the workings of all branches of state government. Acts 2011, No. 303, § 1.

The General Assembly finds that:

(1) Information technology has evolved to allow unprecedented levels of accessibility to financial information;

(2) Information technology allowing access to expenditure information via the Internet now exists and is available to state government; and

(3) Access to expenditures on an ongoing and regular basis will: (A) Assist citizens and members of the General Assembly in overseeing the operation of state government in Arkansas; and (B) Allow for a higher degree of accountability and efficiency in the workings of all branches of state government.

(A) Assist citizens and members of the General Assembly in overseeing the operation of state government in Arkansas; and

(B) Allow for a higher degree of accountability and efficiency in the workings of all branches of state government.

Acts 2011, No. 303, § 1.
Ark. Code Ann. § 25-34-108 — AR Code / Title 25 / Chapter 34 / Section 25-34-108
Disbursement of revenues
Status: in_force

Funds generated from the sale of agency surplus computer and electronic equipment to state employees, public schools, or by other sale shall be allocated as follows: (1) If the sale of surplus computer or electronic equipment is made within the agency: (A) Sixty percent (60%) of the proceeds shall be returned to the owning agency; (B) Fifteen percent (15%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and (C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter; and (2) If the sale of surplus computer or electronic equipment is outside the agency and conducted by the Marketing and Redistribution Section: (A) Fifty percent (50%) of the proceeds shall be returned to the owning agency; (B) Twenty-five percent (25%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and (C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter and § 19-5-1217 . Acts 2001, No. 1410, § 8.

Funds generated from the sale of agency surplus computer and electronic equipment to state employees, public schools, or by other sale shall be allocated as follows:

(1) If the sale of surplus computer or electronic equipment is made within the agency: (A) Sixty percent (60%) of the proceeds shall be returned to the owning agency; (B) Fifteen percent (15%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and (C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter; and

(A) Sixty percent (60%) of the proceeds shall be returned to the owning agency;

(B) Fifteen percent (15%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and

(C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter; and

(2) If the sale of surplus computer or electronic equipment is outside the agency and conducted by the Marketing and Redistribution Section: (A) Fifty percent (50%) of the proceeds shall be returned to the owning agency; (B) Twenty-five percent (25%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and (C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter and § 19-5-1217 .

(A) Fifty percent (50%) of the proceeds shall be returned to the owning agency;

(B) Twenty-five percent (25%) of the proceeds shall be deposited with the Marketing and Redistribution Section; and

(C) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this chapter and § 19-5-1217 .

Acts 2001, No. 1410, § 8.
Ark. Code Ann. § 25-38-212 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-212
Agri Scholarship Program
Status: in_force

(a) There is created the Agri Scholarship Program. (b) The Department of Agriculture may: (1) Establish and administer scholarship programs for students seeking degrees in agriculture-related fields; (2) Adopt rules as necessary to implement the Agri Scholarship Program, including without limitation eligibility requirements; and (3) Accept gifts and apply for and receive federal funds for the Agri Scholarship Program. Added by Act 2023, No. 706,§ 7, eff. 8/1/2023.

(a) There is created the Agri Scholarship Program.

(b) The Department of Agriculture may: (1) Establish and administer scholarship programs for students seeking degrees in agriculture-related fields; (2) Adopt rules as necessary to implement the Agri Scholarship Program, including without limitation eligibility requirements; and (3) Accept gifts and apply for and receive federal funds for the Agri Scholarship Program.

(1) Establish and administer scholarship programs for students seeking degrees in agriculture-related fields;

(2) Adopt rules as necessary to implement the Agri Scholarship Program, including without limitation eligibility requirements; and

(3) Accept gifts and apply for and receive federal funds for the Agri Scholarship Program.

Added by Act 2023, No. 706,§ 7, eff. 8/1/2023.
Ark. Code Ann. § 25-16-1102 — AR Code / Title 25 / Chapter 16 / Subchapter 11 / Section 25-16-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, institution of higher education, improvement district, or any political district or subdivision; (2) "Offense" means conduct for which a sentence to a term of imprisonment or fine, or both, is authorized by statute; (3) (A) "Public servant" means a public official, public employee, or public appointee. (B) "Public servant" does not mean a member of the General Assembly or a person holding an office of trust or profit in the state under Arkansas Constitution, Article 5, § 9; (4) "Relating to" means an offense that directly involves a person's performance in the office, position, or employment held by a person in a governmental body; and (5) "Public official" means a member of the General Assembly or person holding an office of trust or profit in the state under Arkansas Constitution, Article 5, § 9. Amended by Act 2013, No. 995,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 995,§ 2, eff. 8/16/2013. Acts 2009, No. 679, § 1.

As used in this subchapter:

(1) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, institution of higher education, improvement district, or any political district or subdivision;

(2) "Offense" means conduct for which a sentence to a term of imprisonment or fine, or both, is authorized by statute;

(3) (A) "Public servant" means a public official, public employee, or public appointee. (B) "Public servant" does not mean a member of the General Assembly or a person holding an office of trust or profit in the state under Arkansas Constitution, Article 5, § 9;

(A) "Public servant" means a public official, public employee, or public appointee.

(B) "Public servant" does not mean a member of the General Assembly or a person holding an office of trust or profit in the state under Arkansas Constitution, Article 5, § 9;

(4) "Relating to" means an offense that directly involves a person's performance in the office, position, or employment held by a person in a governmental body; and

(5) "Public official" means a member of the General Assembly or person holding an office of trust or profit in the state under Arkansas Constitution, Article 5, § 9.

Amended by Act 2013, No. 995,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 995,§ 2, eff. 8/16/2013.

Acts 2009, No. 679, § 1.
Ark. Code Ann. § 25-1-1004 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1004
Investment of public funds
Status: in_force

(a) A state investment shall be made in the sole interest of the beneficiary state taxpayer. (b) The Treasurer of State's evaluation of an investment shall be based only on pecuniary factors. (c) A public entity shall not invest cash funds with a financial services provider if the financial services provider is listed on the Treasurer of State's website under § 25-1-1002 . Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

(a) A state investment shall be made in the sole interest of the beneficiary state taxpayer.

(b) The Treasurer of State's evaluation of an investment shall be based only on pecuniary factors.

(c) A public entity shall not invest cash funds with a financial services provider if the financial services provider is listed on the Treasurer of State's website under § 25-1-1002 .

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-9-107 — AR Code / Title 25 / Chapter 9 / Section 25-9-107
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5116, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 121, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 291, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 45, eff. 8/16/2013. Acts 1999, No. 1219, § 5.

Repealed by Act 2019, No. 910,§ 5116, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 121, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 291, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 45, eff. 8/16/2013.

Acts 1999, No. 1219, § 5.
Ark. Code Ann. § 25-43-104 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-104
Cabinet-level departments
Status: in_force

(a) The following cabinet-level departments are created: (1) The Department of Agriculture; (2) The Department of Commerce; (3) The Department of Corrections; (4) The Department of Education; (5) The Department of Energy and Environment; (6) The Department of Finance and Administration; (7) The Department of Health; (8) The Department of Human Services; (9) The Department of the Inspector General; (10) The Department of Labor and Licensing; (11) The Department of the Military; (12) The Department of Parks, Heritage, and Tourism; (13) The Department of Public Safety; (14) The Department of Transformation and Shared Services; and (15) The Department of Veterans Affairs. (b) All cabinet-level departments are executive agencies and report to the Governor. (c) The General Assembly may prescribe duties to the cabinet-level departments and the various state entities that are administered by the cabinet-level departments. (d) Each cabinet-level department shall consist of the state entities transferred by a cabinet-level department transfer under this chapter and other state entities as provided by law. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) The following cabinet-level departments are created: (1) The Department of Agriculture; (2) The Department of Commerce; (3) The Department of Corrections; (4) The Department of Education; (5) The Department of Energy and Environment; (6) The Department of Finance and Administration; (7) The Department of Health; (8) The Department of Human Services; (9) The Department of the Inspector General; (10) The Department of Labor and Licensing; (11) The Department of the Military; (12) The Department of Parks, Heritage, and Tourism; (13) The Department of Public Safety; (14) The Department of Transformation and Shared Services; and (15) The Department of Veterans Affairs.

(1) The Department of Agriculture;

(2) The Department of Commerce;

(3) The Department of Corrections;

(4) The Department of Education;

(5) The Department of Energy and Environment;

(6) The Department of Finance and Administration;

(7) The Department of Health;

(8) The Department of Human Services;

(9) The Department of the Inspector General;

(10) The Department of Labor and Licensing;

(11) The Department of the Military;

(12) The Department of Parks, Heritage, and Tourism;

(13) The Department of Public Safety;

(14) The Department of Transformation and Shared Services; and

(15) The Department of Veterans Affairs.

(b) All cabinet-level departments are executive agencies and report to the Governor.

(c) The General Assembly may prescribe duties to the cabinet-level departments and the various state entities that are administered by the cabinet-level departments.

(d) Each cabinet-level department shall consist of the state entities transferred by a cabinet-level department transfer under this chapter and other state entities as provided by law.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-1-1007 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1007
Exemption from divestment for certain investments
Status: in_force

If an investment is subject to divestment under this subchapter but is locked into a maturity date and an early divestment would result in a financial penalty and cause a negative financial impact to the state, then the investment is exempt from divestiture under this subchapter in order to prevent financial harm to the state and ensure that the fiduciary duty for the state is met. Amended by Act 2023, No. 760,§ 2, eff. 8/1/2023. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

If an investment is subject to divestment under this subchapter but is locked into a maturity date and an early divestment would result in a financial penalty and cause a negative financial impact to the state, then the investment is exempt from divestiture under this subchapter in order to prevent financial harm to the state and ensure that the fiduciary duty for the state is met.

Amended by Act 2023, No. 760,§ 2, eff. 8/1/2023.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-1-1202 — AR Code / Title 25 / Chapter 1 / Subchapter 12 / Section 25-1-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit; (2) "Contract" means the same as defined in the Arkansas Procurement Law, § 19-11-203(5) ; (3) "Scrutinized company" means a company owned in whole or with a majority ownership by the government of the People's Republic of China; and (4) "State agency" means the same as defined in the Arkansas Procurement Law, § 19-11-203(30) . Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit;

(2) "Contract" means the same as defined in the Arkansas Procurement Law, § 19-11-203(5) ;

(3) "Scrutinized company" means a company owned in whole or with a majority ownership by the government of the People's Republic of China; and

(4) "State agency" means the same as defined in the Arkansas Procurement Law, § 19-11-203(30) .

Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-1-1003 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1003
Divestment of public funds
Status: in_force

(a) The Treasurer of State shall divest the state of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under § 25-1-1002 for: (1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and (2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 . (b) A public entity shall divest itself of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under § 25-1-1002 for: (1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and (2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 . (c) This subchapter shall not be construed to create a cause of action against an investment advisor, financial services provider, or any public entity, or their respective trustees, officers, directors, agents, or employees. (d) An investment advisor or public entity, or their respective trustees, officers, directors, agents, or employees, shall not be sued for breach of fiduciary duty for complying with their divestment obligations under this section. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

(a) The Treasurer of State shall divest the state of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under § 25-1-1002 for: (1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and (2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 .

(1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and

(2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 .

(b) A public entity shall divest itself of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under § 25-1-1002 for: (1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and (2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 .

(1) Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under § 25-1-1002 ; and

(2) All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under § 25-1-1002 .

(c) This subchapter shall not be construed to create a cause of action against an investment advisor, financial services provider, or any public entity, or their respective trustees, officers, directors, agents, or employees.

(d) An investment advisor or public entity, or their respective trustees, officers, directors, agents, or employees, shall not be sued for breach of fiduciary duty for complying with their divestment obligations under this section.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-17-207 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-207
Oath of members
Status: in_force

(a) Before entering upon his or her respective duties, each board member shall take, subscribe, and file in the office of the Secretary of State an oath that he or she will: (1) Support the Constitution of the United States and the Constitution of the State of Arkansas; (2) Faithfully perform the duties of the office upon which he or she is about to enter; and (3) Not be or become directly or indirectly interested in any contract made by the board. (b) (1) Any violation of the oath shall be a Class A misdemeanor. (2) Any contract entered into in violation of the oath shall be void. Acts 1943, No. 1, § 6; A.S.A. 1947, § 7-205; Acts 2005, No. 1994, § 365.

(a) Before entering upon his or her respective duties, each board member shall take, subscribe, and file in the office of the Secretary of State an oath that he or she will: (1) Support the Constitution of the United States and the Constitution of the State of Arkansas; (2) Faithfully perform the duties of the office upon which he or she is about to enter; and (3) Not be or become directly or indirectly interested in any contract made by the board.

(1) Support the Constitution of the United States and the Constitution of the State of Arkansas;

(2) Faithfully perform the duties of the office upon which he or she is about to enter; and

(3) Not be or become directly or indirectly interested in any contract made by the board.

(b) (1) Any violation of the oath shall be a Class A misdemeanor. (2) Any contract entered into in violation of the oath shall be void.

(1) Any violation of the oath shall be a Class A misdemeanor.

(2) Any contract entered into in violation of the oath shall be void.

Acts 1943, No. 1, § 6; A.S.A. 1947, § 7-205; Acts 2005, No. 1994, § 365.
Ark. Code Ann. § 25-19-110 — AR Code / Title 25 / Chapter 19 / Section 25-19-110
Exemptions
Status: in_force

(a) Beginning July 1, 2009, in order to be effective, a law that enacts a new exemption to the requirements of this chapter or that substantially amends an existing exemption to the requirements of this chapter shall state that the record or meeting is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) For purposes of this section: (1) An exemption from the requirements of this chapter is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records; and (2) An exemption from the requirements of this chapter is not substantially amended if the amendment narrows the scope of the exemption. Acts 2009, No. 184, § 1.

(a) Beginning July 1, 2009, in order to be effective, a law that enacts a new exemption to the requirements of this chapter or that substantially amends an existing exemption to the requirements of this chapter shall state that the record or meeting is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) For purposes of this section: (1) An exemption from the requirements of this chapter is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records; and (2) An exemption from the requirements of this chapter is not substantially amended if the amendment narrows the scope of the exemption.

(1) An exemption from the requirements of this chapter is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records; and

(2) An exemption from the requirements of this chapter is not substantially amended if the amendment narrows the scope of the exemption.

Acts 2009, No. 184, § 1.
Ark. Code Ann. § 25-20-303 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-303
Contributions of public agency properties
Status: in_force

(a) (1) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies shall deem necessary or appropriate to the ownership and operation of a consolidated waterworks system by the public body. (2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. (3) Contributions of properties under this section shall be upon such terms and conditions and for such consideration as the participating public agencies may determine to be just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration. (b) Participating public agencies shall have the power to execute any and all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this section. Acts 2001, No. 982, § 1.

(a) (1) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies shall deem necessary or appropriate to the ownership and operation of a consolidated waterworks system by the public body. (2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq. (3) Contributions of properties under this section shall be upon such terms and conditions and for such consideration as the participating public agencies may determine to be just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration.

(1) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies shall deem necessary or appropriate to the ownership and operation of a consolidated waterworks system by the public body.

(2) However, any contributions of reserve funds held in trust under § 14-73-101 et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund complying with the requirements of § 14-73-101 et seq.

(3) Contributions of properties under this section shall be upon such terms and conditions and for such consideration as the participating public agencies may determine to be just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration.

(b) Participating public agencies shall have the power to execute any and all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this section.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-20-521 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-521
Annual report and audit
Status: in_force

(a) Within the first ninety (90) days of each calendar year, each public body under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year. (b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including without limitation an audit of the public body's revenues and expenses performed by an independent certified public accountant. Acts 2009, No. 1371, § 1.

(a) Within the first ninety (90) days of each calendar year, each public body under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year.

(b) Each report shall set forth a complete operating and financial statement covering its operation during the year, including without limitation an audit of the public body's revenues and expenses performed by an independent certified public accountant.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-20-511 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-511
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 wastewater system or any specified portion of the consolidated wastewater system. (b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with such 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 this subchapter may enforce in a court of proper jurisdiction the mortgage lien and may compel the performance of the duties of the officers of the issuing public body under this subchapter. (d) If there is default in the payment of the principal of or interest on any of the bonds, a court of proper jurisdiction may appoint a receiver to administer the consolidated wastewater system or the specified portion of the consolidated wastewater 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 interest thereon and for the payment of the operating expenses, and to apply the income and revenues under this subchapter and the resolution or indenture providing for the issuance of the bonds. Acts 2009, No. 1371, § 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 wastewater system or any specified portion of the consolidated wastewater system.

(b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with such 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 this subchapter may enforce in a court of proper jurisdiction the mortgage lien and may compel the performance of the duties of the officers of the issuing public body under this subchapter.

(d) If there is default in the payment of the principal of or interest on any of the bonds, a court of proper jurisdiction may appoint a receiver to administer the consolidated wastewater system or the specified portion of the consolidated wastewater 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 interest thereon and for the payment of the operating expenses, and to apply the income and revenues under this subchapter and the resolution or indenture providing for the issuance of the bonds.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-1-904 — AR Code / Title 25 / Chapter 1 / Subchapter 9 / Section 25-1-904
State entity training
Status: in_force

(a) (1) The fair and equal treatment of individuals is an inviolable principle that must be maintained in the state workplace. (2) The administrative head of each state entity shall use his or her authority to ensure that the state entity, state entity employees during work hours, and any contractors hired by the state entity to provide training, workshops, forums, or similar programming, for purposes of this section, "training", to state entity employees do not teach, advocate, act upon, or promote in any training to state entity employees any of the divisive concepts as defined in § 25-1-901 . (3) State entity diversity and inclusion efforts shall encourage state entity employees not to judge one another by their color, race, ethnicity, sex, or any other characteristic protected by federal or state law. (b) The Secretary of the Department of Transformation and Shared Services shall develop rules for the enforcement of the provisions of this subchapter. (c) Each state entity head shall: (1) Issue a policy incorporating the requirements of this subchapter into state entity operations; (2) Request that the state entity thoroughly review and assess not less than annually thereafter, state entity compliance with the requirements of the policy in the form of a report submitted to the Department of Transformation and Shared Services; and (3) Assign at least one (1) employee of the state entity responsibility for ensuring compliance with the requirements of the policy. Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.

(a) (1) The fair and equal treatment of individuals is an inviolable principle that must be maintained in the state workplace. (2) The administrative head of each state entity shall use his or her authority to ensure that the state entity, state entity employees during work hours, and any contractors hired by the state entity to provide training, workshops, forums, or similar programming, for purposes of this section, "training", to state entity employees do not teach, advocate, act upon, or promote in any training to state entity employees any of the divisive concepts as defined in § 25-1-901 . (3) State entity diversity and inclusion efforts shall encourage state entity employees not to judge one another by their color, race, ethnicity, sex, or any other characteristic protected by federal or state law.

(1) The fair and equal treatment of individuals is an inviolable principle that must be maintained in the state workplace.

(2) The administrative head of each state entity shall use his or her authority to ensure that the state entity, state entity employees during work hours, and any contractors hired by the state entity to provide training, workshops, forums, or similar programming, for purposes of this section, "training", to state entity employees do not teach, advocate, act upon, or promote in any training to state entity employees any of the divisive concepts as defined in § 25-1-901 .

(3) State entity diversity and inclusion efforts shall encourage state entity employees not to judge one another by their color, race, ethnicity, sex, or any other characteristic protected by federal or state law.

(b) The Secretary of the Department of Transformation and Shared Services shall develop rules for the enforcement of the provisions of this subchapter.

(c) Each state entity head shall: (1) Issue a policy incorporating the requirements of this subchapter into state entity operations; (2) Request that the state entity thoroughly review and assess not less than annually thereafter, state entity compliance with the requirements of the policy in the form of a report submitted to the Department of Transformation and Shared Services; and (3) Assign at least one (1) employee of the state entity responsibility for ensuring compliance with the requirements of the policy.

(1) Issue a policy incorporating the requirements of this subchapter into state entity operations;

(2) Request that the state entity thoroughly review and assess not less than annually thereafter, state entity compliance with the requirements of the policy in the form of a report submitted to the Department of Transformation and Shared Services; and

(3) Assign at least one (1) employee of the state entity responsibility for ensuring compliance with the requirements of the policy.

Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 25-8-105 — AR Code / Title 25 / Chapter 8 / Section 25-8-105
Federal aid programs
Status: in_force

(a) The Department of Finance and Administration shall have and establish the functions, duties, powers, and responsibilities for the coordination of all federal aid programs within the state and shall provide assistance to any department seeking federal aid. (b) All applications for federal grants submitted by state agencies shall be processed through the department. However, the Secretary of the Department of Finance and Administration shall have the discretion to authorize state agencies to file copies of grant applications with the department as a substitute for the processing requirement. Amended by Act 2019, No. 910,§ 3567, eff. 7/1/2019. Acts 1971, No. 38, § 5; 1973, No. 710, § 2; A.S.A. 1947, § 5-905.

(a) The Department of Finance and Administration shall have and establish the functions, duties, powers, and responsibilities for the coordination of all federal aid programs within the state and shall provide assistance to any department seeking federal aid.

(b) All applications for federal grants submitted by state agencies shall be processed through the department. However, the Secretary of the Department of Finance and Administration shall have the discretion to authorize state agencies to file copies of grant applications with the department as a substitute for the processing requirement.

Amended by Act 2019, No. 910,§ 3567, eff. 7/1/2019.

Acts 1971, No. 38, § 5; 1973, No. 710, § 2; A.S.A. 1947, § 5-905.
Ark. Code Ann. § 25-1-107 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-107
Guidelines for advisory bodies
Status: in_force

(a) Where advisory bodies are specified by state or federal legislation or guidelines to act in conjunction with the entity or organization designated to administer funds of 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., the duties and protocol of those advisory bodies, as well as responsibilities of the state administrative agency, shall include, but not be limited to, the following: (1) After providing the opportunity for review and advice by the advisory bodies, the state administrative agency shall: (A) Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle; (B) (i) Establish procedures and dates for review of subgrant funding applications for each funding cycle. (ii) The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body; (C) Establish, consistent with federal law, subgrant application forms; (D) Establish deadlines for receiving subgrant applications; (E) Establish dates of subgrant application technical assistance training sessions; (F) Establish subgrant applicant appeal process procedures; and (G) Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and (2) The state administrative agency shall meet with the relevant advisory bodies no later than thirty (30) days prior to the scheduled date of mailing of application forms for the purpose of providing an opportunity for review of the content of the application forms. The state administrative agency shall provide drafts of all necessary subgrant application forms to the chairperson of the relevant advisory boards prior to such a meeting. (b) The state administrative agency shall make available to members of the advisory bodies, upon request, copies of current federal and state law and guidelines concerning the relevant Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act programs, including any formal interpretations of such law and guidelines by the state administrative agency. (c) Any copies of forms, laws, guidelines, or interpretations required to be furnished by the state administrative agency must be made available on computer diskette or other requested electronic media if the requested item is feasibly able to be produced in the requested manner. (d) The state administrative agency shall provide quarterly reports concerning subgrantee and administrative financial activity to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the reports. (e) Within one hundred twenty (120) days following the start of a subgrant funding cycle, the state administrative agency shall meet with focus groups made up of those programs that or individuals who applied for funds through the Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act grant programs in the most recent funding cycle. These meetings are for the purpose of evaluating the effectiveness and responsiveness of the application, application review, and funding recommendation process in order to maintain the integrity of those processes. The state administrative agency shall provide reports of these meetings to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the meetings. Acts 1999, No. 1428, § 27; 2001, No. 1786, § 4.

(a) Where advisory bodies are specified by state or federal legislation or guidelines to act in conjunction with the entity or organization designated to administer funds of 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., the duties and protocol of those advisory bodies, as well as responsibilities of the state administrative agency, shall include, but not be limited to, the following: (1) After providing the opportunity for review and advice by the advisory bodies, the state administrative agency shall: (A) Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle; (B) (i) Establish procedures and dates for review of subgrant funding applications for each funding cycle. (ii) The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body; (C) Establish, consistent with federal law, subgrant application forms; (D) Establish deadlines for receiving subgrant applications; (E) Establish dates of subgrant application technical assistance training sessions; (F) Establish subgrant applicant appeal process procedures; and (G) Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and (2) The state administrative agency shall meet with the relevant advisory bodies no later than thirty (30) days prior to the scheduled date of mailing of application forms for the purpose of providing an opportunity for review of the content of the application forms. The state administrative agency shall provide drafts of all necessary subgrant application forms to the chairperson of the relevant advisory boards prior to such a meeting.

(1) After providing the opportunity for review and advice by the advisory bodies, the state administrative agency shall: (A) Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle; (B) (i) Establish procedures and dates for review of subgrant funding applications for each funding cycle. (ii) The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body; (C) Establish, consistent with federal law, subgrant application forms; (D) Establish deadlines for receiving subgrant applications; (E) Establish dates of subgrant application technical assistance training sessions; (F) Establish subgrant applicant appeal process procedures; and (G) Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and

(A) Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle;

(B) (i) Establish procedures and dates for review of subgrant funding applications for each funding cycle. (ii) The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body;

(i) Establish procedures and dates for review of subgrant funding applications for each funding cycle.

(ii) The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body;

(C) Establish, consistent with federal law, subgrant application forms;

(D) Establish deadlines for receiving subgrant applications;

(E) Establish dates of subgrant application technical assistance training sessions;

(F) Establish subgrant applicant appeal process procedures; and

(G) Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and

(2) The state administrative agency shall meet with the relevant advisory bodies no later than thirty (30) days prior to the scheduled date of mailing of application forms for the purpose of providing an opportunity for review of the content of the application forms. The state administrative agency shall provide drafts of all necessary subgrant application forms to the chairperson of the relevant advisory boards prior to such a meeting.

(b) The state administrative agency shall make available to members of the advisory bodies, upon request, copies of current federal and state law and guidelines concerning the relevant Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act programs, including any formal interpretations of such law and guidelines by the state administrative agency.

(c) Any copies of forms, laws, guidelines, or interpretations required to be furnished by the state administrative agency must be made available on computer diskette or other requested electronic media if the requested item is feasibly able to be produced in the requested manner.

(d) The state administrative agency shall provide quarterly reports concerning subgrantee and administrative financial activity to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the reports.

(e) Within one hundred twenty (120) days following the start of a subgrant funding cycle, the state administrative agency shall meet with focus groups made up of those programs that or individuals who applied for funds through the Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act grant programs in the most recent funding cycle. These meetings are for the purpose of evaluating the effectiveness and responsiveness of the application, application review, and funding recommendation process in order to maintain the integrity of those processes. The state administrative agency shall provide reports of these meetings to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the meetings.

Acts 1999, No. 1428, § 27; 2001, No. 1786, § 4.
Ark. Code Ann. § 25-20-523 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-523
Construction
Status: in_force

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter, and this subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds. Acts 2009, No. 1371, § 1.

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter, and this subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-10-107 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-107
Reports by divisions
Status: in_force

(a) All other divisions within the Department of Human Services shall provide the office of the Secretary of the Department of Human Services with all policies regarding personnel administration, procurement of commodities and services, accounting and budget control, licensure of facilities, program planning and evaluation, contractual agreements with consultants and providers of services, data processing systems management, federal grant management, and any other information which may be requested by the office. (b) (1) The other divisions shall report quarterly to the office concerning the areas of coordination and cooperation where the divisions have worked with other departmental divisions and concerning the plans for coordination and cooperation in the next quarter. (2) A copy of the report shall be sent to the Legislative Council upon request of the Legislative Council. Amended by Act 2019, No. 910,§ 5245, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 5, eff. 8/1/2017. Acts 1983, No. 307, § 3; A.S.A. 1947, § 5-912.4; Acts 1995, No. 164, § 2.

(a) All other divisions within the Department of Human Services shall provide the office of the Secretary of the Department of Human Services with all policies regarding personnel administration, procurement of commodities and services, accounting and budget control, licensure of facilities, program planning and evaluation, contractual agreements with consultants and providers of services, data processing systems management, federal grant management, and any other information which may be requested by the office.

(b) (1) The other divisions shall report quarterly to the office concerning the areas of coordination and cooperation where the divisions have worked with other departmental divisions and concerning the plans for coordination and cooperation in the next quarter. (2) A copy of the report shall be sent to the Legislative Council upon request of the Legislative Council.

(1) The other divisions shall report quarterly to the office concerning the areas of coordination and cooperation where the divisions have worked with other departmental divisions and concerning the plans for coordination and cooperation in the next quarter.

(2) A copy of the report shall be sent to the Legislative Council upon request of the Legislative Council.

Amended by Act 2019, No. 910,§ 5245, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 5, eff. 8/1/2017.

Acts 1983, No. 307, § 3; A.S.A. 1947, § 5-912.4; Acts 1995, No. 164, § 2.
Ark. Code Ann. § 25-16-1004 — AR Code / Title 25 / Chapter 16 / Subchapter 10 / Section 25-16-1004
Criminal penalty
Status: in_force

(a) A person commits an offense if the person approves an account or draws or authorizes the drawing of a warrant or order to pay the compensation of another person employed in violation of § 25-16-1002 . (b) An offense under subsection (a) of this section is a Class A misdemeanor. Acts 2005, No. 2262, § 1.

(a) A person commits an offense if the person approves an account or draws or authorizes the drawing of a warrant or order to pay the compensation of another person employed in violation of § 25-16-1002 .

(b) An offense under subsection (a) of this section is a Class A misdemeanor.

Acts 2005, No. 2262, § 1.
Ark. Code Ann. § 25-34-103 — AR Code / Title 25 / Chapter 34 / Section 25-34-103
Definitions
Status: in_force

As used in this chapter: (1) "Agency" means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education; (2) "Computer" means a programmable electronic machine that performs high-speed mathematical or logical operations or that assembles, stores, correlates, or otherwise processes information; (3) (A) "Consumer electronic item" means a personal computer, computer component, audio player, stereo player, videocassette player, facsimile machine, copy machine, cellular telephone, wireless paging device, video game console, or any electronic item containing an intact or broken cathode ray tube. (B) An electronic item containing a cathode ray tube includes a television, computer monitor, or any other cathode ray tube monitor or display device; (4) "Degauss" means the complete removal of information from the hard drive of a computer; (5) (A) "Demanufacturing" means end-of-life disposition of electronic devices and computers. (B) "Demanufacturing" includes recovery of hard drives and chips with resale value, the removal of commodities such as copper, aluminum, and gold for sale to scrap consumers, the removal and hazardous-waste disposal of toxins and heavy metals, and the shredding or melting of materials that can be sold and manufactured into new products; (6) "Disposal" means the discharge, deposit, injection, spilling, leaking, placing, or dumping of any computer or electronic waste into or on any land or water in whatever manner so that the waste or any constituent thereof might enter the environment or be emitted into the air or be discharged into the waters of the state, including groundwaters; (7) "Electronics" means devices utilizing electrons and electric circuits, including household appliances, televisions, recording and playing devices for music or video tapes, compact discs, and digital technology; (8) "Fugitive amounts of consumer electronic items" means small quantities that escape the approved methods of usage, reduction, reuse, or recycling; (9) "Fund" means the Computer and Electronic Recycling Fund established by this chapter; (10) "Recycle" means the use of previously manufactured materials including metals, glass, and plastics in the manufacture of new products; (11) "Reuse" means use of electronics, computers, and equipment for harvesting of spare parts, resale, or donation; and (12) "Surplus computer equipment" means computer components no longer in use in an agency and which have residual market value. Acts 2001, No. 1410, § 3; 2005, No. 970, § 2.

As used in this chapter:

(1) "Agency" means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education;

(2) "Computer" means a programmable electronic machine that performs high-speed mathematical or logical operations or that assembles, stores, correlates, or otherwise processes information;

(3) (A) "Consumer electronic item" means a personal computer, computer component, audio player, stereo player, videocassette player, facsimile machine, copy machine, cellular telephone, wireless paging device, video game console, or any electronic item containing an intact or broken cathode ray tube. (B) An electronic item containing a cathode ray tube includes a television, computer monitor, or any other cathode ray tube monitor or display device;

(A) "Consumer electronic item" means a personal computer, computer component, audio player, stereo player, videocassette player, facsimile machine, copy machine, cellular telephone, wireless paging device, video game console, or any electronic item containing an intact or broken cathode ray tube.

(B) An electronic item containing a cathode ray tube includes a television, computer monitor, or any other cathode ray tube monitor or display device;

(4) "Degauss" means the complete removal of information from the hard drive of a computer;

(5) (A) "Demanufacturing" means end-of-life disposition of electronic devices and computers. (B) "Demanufacturing" includes recovery of hard drives and chips with resale value, the removal of commodities such as copper, aluminum, and gold for sale to scrap consumers, the removal and hazardous-waste disposal of toxins and heavy metals, and the shredding or melting of materials that can be sold and manufactured into new products;

(A) "Demanufacturing" means end-of-life disposition of electronic devices and computers.

(B) "Demanufacturing" includes recovery of hard drives and chips with resale value, the removal of commodities such as copper, aluminum, and gold for sale to scrap consumers, the removal and hazardous-waste disposal of toxins and heavy metals, and the shredding or melting of materials that can be sold and manufactured into new products;

(6) "Disposal" means the discharge, deposit, injection, spilling, leaking, placing, or dumping of any computer or electronic waste into or on any land or water in whatever manner so that the waste or any constituent thereof might enter the environment or be emitted into the air or be discharged into the waters of the state, including groundwaters;

(7) "Electronics" means devices utilizing electrons and electric circuits, including household appliances, televisions, recording and playing devices for music or video tapes, compact discs, and digital technology;

(8) "Fugitive amounts of consumer electronic items" means small quantities that escape the approved methods of usage, reduction, reuse, or recycling;

(9) "Fund" means the Computer and Electronic Recycling Fund established by this chapter;

(10) "Recycle" means the use of previously manufactured materials including metals, glass, and plastics in the manufacture of new products;

(11) "Reuse" means use of electronics, computers, and equipment for harvesting of spare parts, resale, or donation; and

(12) "Surplus computer equipment" means computer components no longer in use in an agency and which have residual market value.

Acts 2001, No. 1410, § 3; 2005, No. 970, § 2.
Ark. Code Ann. § 25-26-305 — AR Code / Title 25 / Chapter 26 / Subchapter 3 / Section 25-26-305
Contracts on behalf of the Arkansas Cyber Initiative
Status: in_force

(a) In order to assist the Arkansas Cyber Initiative in achieving the objectives identified in this subchapter, the Arkansas Economic Development Commission may contract with a person or an entity recommended by the initiative for activities consistent with the purpose of this subchapter. (b) When contracting with a person or an entity under this subchapter, the commission shall not be bound by the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., requiring competitive bids if compliance with the Arkansas Procurement Law, § 19-11-201 et seq., creates a security risk. Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.

(a) In order to assist the Arkansas Cyber Initiative in achieving the objectives identified in this subchapter, the Arkansas Economic Development Commission may contract with a person or an entity recommended by the initiative for activities consistent with the purpose of this subchapter.

(b) When contracting with a person or an entity under this subchapter, the commission shall not be bound by the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., requiring competitive bids if compliance with the Arkansas Procurement Law, § 19-11-201 et seq., creates a security risk.

Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 25-42-106 — AR Code / Title 25 / Chapter 42 / Section 25-42-106
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019. Amended by Act 2017, No. 270,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 270,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 270,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 270,§ 6, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 116, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 116, eff. 7/1/2015. Acts 2011, No. 891, § 1.

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

Amended by Act 2017, No. 270,§ 9, eff. 8/1/2017.

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

Amended by Act 2017, No. 270,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 270,§ 6, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 116, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 116, eff. 7/1/2015.

Acts 2011, No. 891, § 1.
Ark. Code Ann. § 25-34-109 — AR Code / Title 25 / Chapter 34 / Section 25-34-109
Computer and Electronic Recycling Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a fund to be known as the "Computer and Electronic Recycling Fund". (b) The fund shall be administered by the Division of Environmental Quality and may be used to: (1) Promote market research and development grants to determine the most efficient means of collecting, transporting, and processing scrap electronic equipment; (2) Work with the Department of Finance and Administration and the Marketing and Redistribution Section to establish statewide contracts for computer and electronics recycling and demanufacturing businesses; and (3) Support and fund other measures necessary to implement and promote the recycling, donation, demanufacturing, or disposal options for computers and electronic equipment. Amended by Act 2019, No. 910,§ 3251, eff. 7/1/2019. Acts 2001, No. 1410, § 9.

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

(b) The fund shall be administered by the Division of Environmental Quality and may be used to: (1) Promote market research and development grants to determine the most efficient means of collecting, transporting, and processing scrap electronic equipment; (2) Work with the Department of Finance and Administration and the Marketing and Redistribution Section to establish statewide contracts for computer and electronics recycling and demanufacturing businesses; and (3) Support and fund other measures necessary to implement and promote the recycling, donation, demanufacturing, or disposal options for computers and electronic equipment.

(1) Promote market research and development grants to determine the most efficient means of collecting, transporting, and processing scrap electronic equipment;

(2) Work with the Department of Finance and Administration and the Marketing and Redistribution Section to establish statewide contracts for computer and electronics recycling and demanufacturing businesses; and

(3) Support and fund other measures necessary to implement and promote the recycling, donation, demanufacturing, or disposal options for computers and electronic equipment.

Amended by Act 2019, No. 910,§ 3251, eff. 7/1/2019.

Acts 2001, No. 1410, § 9.
Ark. Code Ann. § 25-7-103 — AR Code / Title 25 / Chapter 7 / Section 25-7-103
Emergency grants - Extra help pool
Status: in_force

(a) An institution of higher education affected by a disaster emergency resulting in the interruption of all or a significant portion of campus operations may request disaster assistance through the Division of Higher Education. (b) Upon the declaration of a disaster emergency by the Governor under § 12-75-107 , an institution of higher education affected by the disaster emergency may request, subject to the recommendation of the Commissioner of the Division of Higher Education and approval by the Governor, a grant from the Disaster Relief Fund to: (1) Return the institution of higher education to normal operations; or (2) (A) Enable a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency to provide services to the students enrolled in the campus of the institution of higher education affected by the disaster emergency. (B) A certified law enforcement officer employed by an institution of higher education during the declaration of a disaster emergency by the Governor under § 12-75-107 may be granted jurisdiction at a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency upon agreement of both campuses. (c) (1) The division is authorized a pool of five hundred (500) extra help positions for use in an emergency or a disaster event. (2) The extra help positions authorized under subdivision (c)(1) of this section may be assigned to: (A) The campus affected by the disaster emergency; or (B) A campus that is part of and incorporated into the institution of higher education affected by the disaster emergency that is providing services to the students enrolled in the campus affected by the disaster emergency. (3) The Governor may waive the restriction on periods of time during which an employee may be employed as extra help during a fiscal year under § 6-63-314 . Added by Act 2023, No. 870,§ 30, eff. 7/1/2023.

(a) An institution of higher education affected by a disaster emergency resulting in the interruption of all or a significant portion of campus operations may request disaster assistance through the Division of Higher Education.

(b) Upon the declaration of a disaster emergency by the Governor under § 12-75-107 , an institution of higher education affected by the disaster emergency may request, subject to the recommendation of the Commissioner of the Division of Higher Education and approval by the Governor, a grant from the Disaster Relief Fund to: (1) Return the institution of higher education to normal operations; or (2) (A) Enable a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency to provide services to the students enrolled in the campus of the institution of higher education affected by the disaster emergency. (B) A certified law enforcement officer employed by an institution of higher education during the declaration of a disaster emergency by the Governor under § 12-75-107 may be granted jurisdiction at a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency upon agreement of both campuses.

(1) Return the institution of higher education to normal operations; or

(2) (A) Enable a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency to provide services to the students enrolled in the campus of the institution of higher education affected by the disaster emergency. (B) A certified law enforcement officer employed by an institution of higher education during the declaration of a disaster emergency by the Governor under § 12-75-107 may be granted jurisdiction at a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency upon agreement of both campuses.

(A) Enable a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency to provide services to the students enrolled in the campus of the institution of higher education affected by the disaster emergency.

(B) A certified law enforcement officer employed by an institution of higher education during the declaration of a disaster emergency by the Governor under § 12-75-107 may be granted jurisdiction at a campus that is part of and incorporated into the institution of higher education affected by the disaster emergency upon agreement of both campuses.

(c) (1) The division is authorized a pool of five hundred (500) extra help positions for use in an emergency or a disaster event. (2) The extra help positions authorized under subdivision (c)(1) of this section may be assigned to: (A) The campus affected by the disaster emergency; or (B) A campus that is part of and incorporated into the institution of higher education affected by the disaster emergency that is providing services to the students enrolled in the campus affected by the disaster emergency. (3) The Governor may waive the restriction on periods of time during which an employee may be employed as extra help during a fiscal year under § 6-63-314 .

(1) The division is authorized a pool of five hundred (500) extra help positions for use in an emergency or a disaster event.

(2) The extra help positions authorized under subdivision (c)(1) of this section may be assigned to: (A) The campus affected by the disaster emergency; or (B) A campus that is part of and incorporated into the institution of higher education affected by the disaster emergency that is providing services to the students enrolled in the campus affected by the disaster emergency.

(A) The campus affected by the disaster emergency; or

(B) A campus that is part of and incorporated into the institution of higher education affected by the disaster emergency that is providing services to the students enrolled in the campus affected by the disaster emergency.

(3) The Governor may waive the restriction on periods of time during which an employee may be employed as extra help during a fiscal year under § 6-63-314 .

Added by Act 2023, No. 870,§ 30, eff. 7/1/2023.
Ark. Code Ann. § 25-16-103 — AR Code / Title 25 / Chapter 16 / Subchapter 1 / Section 25-16-103
Registration of certain agency officials as lobbyists
Status: in_force

An individual employed as an executive head of a state agency or as a chief deputy of an executive head of a state agency is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that capacity. Added by Act 2013, No. 486,§ 4, eff. 8/16/2013.

An individual employed as an executive head of a state agency or as a chief deputy of an executive head of a state agency is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that capacity.

Added by Act 2013, No. 486,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 25-10-403 — AR Code / Title 25 / Chapter 10 / Subchapter 4 / Section 25-10-403
Members
Status: in_force

(a) The Department of Human Services State Institutional System Board shall consist of a membership of seven (7). (b) The individual members will be appointed by the Governor. Acts 1995, No. 1162, § 4.

(a) The Department of Human Services State Institutional System Board shall consist of a membership of seven (7).

(b) The individual members will be appointed by the Governor.

Acts 1995, No. 1162, § 4.
Ark. Code Ann. § 25-4-114 — AR Code / Title 25 / Chapter 4 / Section 25-4-114
Contracts and agreements for information technology
Status: in_force

(a) Contracts and agreements for state agencies for information technology shall adhere to the state enterprise architecture. (b) A state agency shall submit to the Director of the Division of Information Systems for review and approval a request for the state agency to enter into a technology contract or agreement that is not in compliance with the state enterprise architecture. (c) Contracts for the provision of information technology are interagency agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., nor are they required to be submitted to the Legislative Council for advice. Amended by Act 2019, No. 910,§ 6279, eff. 7/1/2019. Acts 1977, No. 884, § 15; A.S.A. 1947, § 5-1415; Acts 1997, No. 914, § 14; 2001, No. 1722, § 10; 2007, No. 751, § 19; 2009, No. 648, § 8.

(a) Contracts and agreements for state agencies for information technology shall adhere to the state enterprise architecture.

(b) A state agency shall submit to the Director of the Division of Information Systems for review and approval a request for the state agency to enter into a technology contract or agreement that is not in compliance with the state enterprise architecture.

(c) Contracts for the provision of information technology are interagency agreements and are exempt from the provisions of the Arkansas Procurement Law, § 19-11-201 et seq., and the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., nor are they required to be submitted to the Legislative Council for advice.

Amended by Act 2019, No. 910,§ 6279, eff. 7/1/2019.

Acts 1977, No. 884, § 15; A.S.A. 1947, § 5-1415; Acts 1997, No. 914, § 14; 2001, No. 1722, § 10; 2007, No. 751, § 19; 2009, No. 648, § 8.
Ark. Code Ann. § 25-16-1006 — AR Code / Title 25 / Chapter 16 / Subchapter 10 / Section 25-16-1006
Administration and enforcement
Status: in_force

(a) The Office of Personnel Management shall establish rules and forms for all state agencies that will enable each public official and each supervisory employee within a state agency to determine whether: (1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-1003 ; or (2) The promotion or transfer of an employee of a state agency would violate § 25-16-1003 . (b) The office shall also establish rules concerning the procedures for: (1) Reporting suspected violations of this subchapter to the office; and (2) (A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005 . (B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney. Amended by Act 2019, No. 910,§ 6304, eff. 7/1/2019. Acts 2005, No. 2262, § 1.

(a) The Office of Personnel Management shall establish rules and forms for all state agencies that will enable each public official and each supervisory employee within a state agency to determine whether: (1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-1003 ; or (2) The promotion or transfer of an employee of a state agency would violate § 25-16-1003 .

(1) The hiring of a job applicant would violate § 25-16-1002 or § 25-16-1003 ; or

(2) The promotion or transfer of an employee of a state agency would violate § 25-16-1003 .

(b) The office shall also establish rules concerning the procedures for: (1) Reporting suspected violations of this subchapter to the office; and (2) (A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005 . (B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney.

(1) Reporting suspected violations of this subchapter to the office; and

(2) (A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005 . (B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney.

(A) Referring suspected violations to the Attorney General or the Prosecuting Attorney for the Sixth Judicial District for enforcing civil penalties under § 25-16-1005 .

(B) If the Attorney General is suspected of violating this subchapter, the office shall refer the matter to the Pulaski County Prosecuting Attorney.

Amended by Act 2019, No. 910,§ 6304, eff. 7/1/2019.

Acts 2005, No. 2262, § 1.
Ark. Code Ann. § 25-12-101 — AR Code / Title 25 / Chapter 12 / Section 25-12-101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5527, eff. 7/1/2019. Acts 1971, No. 38, § 15; A.S.A. 1947, § 5-915.

Repealed by Act 2019, No. 910,§ 5527, eff. 7/1/2019.

Acts 1971, No. 38, § 15; A.S.A. 1947, § 5-915.
Ark. Code Ann. § 25-10-210 — AR Code / Title 25 / Chapter 10 / Subchapter 2 / Section 25-10-210
Comprehensive system of personnel development
Status: in_force

(a) Under Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with national or state-approved or recognized certification, licensing, or registration that apply to a particular profession. (b) (1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, the Division of State Services for the Blind is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education. (2) The waiver granted under subdivision (b)(1) of this section allows the division to provide college level coursework in a degree program for an eligible employee selected by the division. (c) This section covers any formula and discretionary grants funded by the United States Department of Education Rehabilitation Services Administration, including without limitation the following: (1) The vocational rehabilitation program; (2) Supported employment; (3) Independent living; and (4) The staff development grant. (d) State general revenue shall not be expended for tuition for a degree authorized under this section. Added by Act 2023, No. 283,§ 15, eff. 7/1/2023.

(a) Under Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with national or state-approved or recognized certification, licensing, or registration that apply to a particular profession.

(b) (1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, the Division of State Services for the Blind is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education. (2) The waiver granted under subdivision (b)(1) of this section allows the division to provide college level coursework in a degree program for an eligible employee selected by the division.

(1) In order to comply with the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., as it existed on January 1, 2023, and state plan requirements, the Division of State Services for the Blind is granted a general waiver of the Financial Management Guide, R 1-19-4 -522 Continuing Professional Education.

(2) The waiver granted under subdivision (b)(1) of this section allows the division to provide college level coursework in a degree program for an eligible employee selected by the division.

(c) This section covers any formula and discretionary grants funded by the United States Department of Education Rehabilitation Services Administration, including without limitation the following: (1) The vocational rehabilitation program; (2) Supported employment; (3) Independent living; and (4) The staff development grant.

(1) The vocational rehabilitation program;

(2) Supported employment;

(3) Independent living; and

(4) The staff development grant.

(d) State general revenue shall not be expended for tuition for a degree authorized under this section.

Added by Act 2023, No. 283,§ 15, eff. 7/1/2023.
Ark. Code Ann. § 25-32-110 — AR Code / Title 25 / Chapter 32 / Section 25-32-110
Effect of change or error
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record. (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) has not used or received any benefit or value from the consideration, if any, received from the other person. (3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any. (4) Paragraphs (2) and (3) may not be varied by agreement. Acts 2001, No. 905, § 10.

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) has not used or received any benefit or value from the consideration, if any, received from the other person.

(A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(C) has not used or received any benefit or value from the consideration, if any, received from the other person.

(3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(4) Paragraphs (2) and (3) may not be varied by agreement.

Acts 2001, No. 905, § 10.
Ark. Code Ann. § 25-20-501 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-501
Title
Status: in_force

This subchapter may be referred to and cited as the "Consolidated Wastewater Systems Act". Acts 2009, No. 1371, § 1.

This subchapter may be referred to and cited as the "Consolidated Wastewater Systems Act".

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-43-201 — AR Code / Title 25 / Chapter 43 / Subchapter 2 / Section 25-43-201
Department of Agriculture
Status: in_force

There is created the Department of Agriculture as a cabinet-level department. Added by Act 2019, No. 910,§ 3, eff. 7/1/2019.

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

Added by Act 2019, No. 910,§ 3, eff. 7/1/2019.
Ark. Code Ann. § 25-43-107 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-107
Effect on preexisting rules, regulations, etc
Status: in_force

(a) The Transformation and Efficiencies Act of 2019 does not affect the orders, rules, regulations, directives, or standards made or promulgated prior to the effective date of the Transformation and Efficiencies Act of 2019 by a state entity subject to a cabinet-level department transfer under this chapter. (b) The orders, rules, regulations, directives, or standards under subsection (a) of this section shall continue with full force and effect until amended or repealed pursuant to authority given by law. (c) The following shall not be impaired in any way by the Transformation and Efficiencies Act of 2019 and shall continue with full force and effect: (1) Bonds issued by the Arkansas Development Finance Authority; (2) Contracts and obligations securing bonds issued by the Arkansas Development Finance Authority or pertaining to bonds issued by the Arkansas Development Finance Authority; and (3) Programs financed by bonds issued by the Arkansas Development Finance Authority. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

(a) The Transformation and Efficiencies Act of 2019 does not affect the orders, rules, regulations, directives, or standards made or promulgated prior to the effective date of the Transformation and Efficiencies Act of 2019 by a state entity subject to a cabinet-level department transfer under this chapter.

(b) The orders, rules, regulations, directives, or standards under subsection (a) of this section shall continue with full force and effect until amended or repealed pursuant to authority given by law.

(c) The following shall not be impaired in any way by the Transformation and Efficiencies Act of 2019 and shall continue with full force and effect: (1) Bonds issued by the Arkansas Development Finance Authority; (2) Contracts and obligations securing bonds issued by the Arkansas Development Finance Authority or pertaining to bonds issued by the Arkansas Development Finance Authority; and (3) Programs financed by bonds issued by the Arkansas Development Finance Authority.

(1) Bonds issued by the Arkansas Development Finance Authority;

(2) Contracts and obligations securing bonds issued by the Arkansas Development Finance Authority or pertaining to bonds issued by the Arkansas Development Finance Authority; and

(3) Programs financed by bonds issued by the Arkansas Development Finance Authority.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-43-801 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-801
Department of Health
Status: in_force

There is created the Department of Health as a cabinet-level department. Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

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

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-38-206 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-206
Transfer of personnel, administrative functions, human resources, and accounting offices
Status: in_force

(a) All administrative functions, including without limitation the human resource and accounting operations, of the following boards, commissions, bureaus, committees, programs, and offices shall be administered under the direction and supervision of the Department of Agriculture: (1) The State Plant Board; (2) The Arkansas Livestock and Poultry Commission; (3) The Arkansas Forestry Commission; (4) The Arkansas Natural Resources Commission; (5) [Repealed.] (6) [Repealed.] (7) [Repealed.] (8) [Repealed.] (9) [Repealed.] (10) The Arkansas Bureau of Standards; (11) [Repealed.] (12) [Repealed.] (13) The Arkansas Boll Weevil Eradication Committee; and (14) [Repealed.] (15) [Repealed.] (16) [Repealed.] (17) The Arkansas Unpaved Roads Program. (18) [Repealed.] (19) [Repealed.] (20) [Repealed.] (21) [Repealed.] (22) [Repealed.] (23) [Repealed.] (b) The boards, commissions, committees, bureaus, programs, and offices subject to transfer of the administrative functions under subsection (a) of this section shall make available to the department all records of whatever type concerning the administrative functions of the boards, commissions, committees, bureaus, programs, or offices. (c) (1) All employees of the boards, commissions, committees, bureaus, programs, or offices transferred under § 25-38-211 and subsection (a) of this section shall be employees of the department, unless otherwise provided by law. (2) All job descriptions, duties, salaries, and benefits shall be determined by the Secretary of the Department of Agriculture as consistent with Arkansas law, unless otherwise provided by law. (3) All programs and positions funded by special funds allocated by law to the boards, commissions, committees, bureaus, programs, or offices subject to the transfer under § 25-38-211 and subsection (a) of this section shall continue to be used for the designated purposes of the programs and positions. (4) The department shall provide all administrative support, employment needs, and staff to carry out the rules, directives, and orders promulgated or issued by the state entities transferred under subsection (a) of this section and § 25-38-211 , unless otherwise provided by law. (d) "Administrative functions" does not include the promulgation of rules or issuance of orders on behalf of any of the entities transferred under subsection (a) of this section and § 25-38-211 . Amended by Act 2023, No. 691,§ 194, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 193, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 192, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 191, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 190, eff. 7/1/2023. Amended by Act 2021, No. 501,§ 18, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 17, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 16, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 15, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 14, eff. 7/28/2021. Amended by Act 2021, No. 928,§ 3, eff. 7/1/2021. Amended by Act 2019, No. 910,§ 7, eff. 7/1/2019. Acts 2005, No. 1978, § 2.

(a) All administrative functions, including without limitation the human resource and accounting operations, of the following boards, commissions, bureaus, committees, programs, and offices shall be administered under the direction and supervision of the Department of Agriculture: (1) The State Plant Board; (2) The Arkansas Livestock and Poultry Commission; (3) The Arkansas Forestry Commission; (4) The Arkansas Natural Resources Commission; (5) [Repealed.] (6) [Repealed.] (7) [Repealed.] (8) [Repealed.] (9) [Repealed.] (10) The Arkansas Bureau of Standards; (11) [Repealed.] (12) [Repealed.] (13) The Arkansas Boll Weevil Eradication Committee; and (14) [Repealed.] (15) [Repealed.] (16) [Repealed.] (17) The Arkansas Unpaved Roads Program. (18) [Repealed.] (19) [Repealed.] (20) [Repealed.] (21) [Repealed.] (22) [Repealed.] (23) [Repealed.]

(1) The State Plant Board;

(2) The Arkansas Livestock and Poultry Commission;

(3) The Arkansas Forestry Commission;

(4) The Arkansas Natural Resources Commission;

(5) [Repealed.]

(6) [Repealed.]

(7) [Repealed.]

(8) [Repealed.]

(9) [Repealed.]

(10) The Arkansas Bureau of Standards;

(11) [Repealed.]

(12) [Repealed.]

(13) The Arkansas Boll Weevil Eradication Committee; and

(14) [Repealed.]

(15) [Repealed.]

(16) [Repealed.]

(17) The Arkansas Unpaved Roads Program.

(18) [Repealed.]

(19) [Repealed.]

(20) [Repealed.]

(21) [Repealed.]

(22) [Repealed.]

(23) [Repealed.]

(b) The boards, commissions, committees, bureaus, programs, and offices subject to transfer of the administrative functions under subsection (a) of this section shall make available to the department all records of whatever type concerning the administrative functions of the boards, commissions, committees, bureaus, programs, or offices.

(c) (1) All employees of the boards, commissions, committees, bureaus, programs, or offices transferred under § 25-38-211 and subsection (a) of this section shall be employees of the department, unless otherwise provided by law. (2) All job descriptions, duties, salaries, and benefits shall be determined by the Secretary of the Department of Agriculture as consistent with Arkansas law, unless otherwise provided by law. (3) All programs and positions funded by special funds allocated by law to the boards, commissions, committees, bureaus, programs, or offices subject to the transfer under § 25-38-211 and subsection (a) of this section shall continue to be used for the designated purposes of the programs and positions. (4) The department shall provide all administrative support, employment needs, and staff to carry out the rules, directives, and orders promulgated or issued by the state entities transferred under subsection (a) of this section and § 25-38-211 , unless otherwise provided by law.

(1) All employees of the boards, commissions, committees, bureaus, programs, or offices transferred under § 25-38-211 and subsection (a) of this section shall be employees of the department, unless otherwise provided by law.

(2) All job descriptions, duties, salaries, and benefits shall be determined by the Secretary of the Department of Agriculture as consistent with Arkansas law, unless otherwise provided by law.

(3) All programs and positions funded by special funds allocated by law to the boards, commissions, committees, bureaus, programs, or offices subject to the transfer under § 25-38-211 and subsection (a) of this section shall continue to be used for the designated purposes of the programs and positions.

(4) The department shall provide all administrative support, employment needs, and staff to carry out the rules, directives, and orders promulgated or issued by the state entities transferred under subsection (a) of this section and § 25-38-211 , unless otherwise provided by law.

(d) "Administrative functions" does not include the promulgation of rules or issuance of orders on behalf of any of the entities transferred under subsection (a) of this section and § 25-38-211 .

Amended by Act 2023, No. 691,§ 194, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 193, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 192, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 191, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 190, eff. 7/1/2023.

Amended by Act 2021, No. 501,§ 18, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 17, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 16, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 15, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 14, eff. 7/28/2021.

Amended by Act 2021, No. 928,§ 3, eff. 7/1/2021.

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

Acts 2005, No. 1978, § 2.
Ark. Code Ann. § 25-18-703 — AR Code / Title 25 / Chapter 18 / Subchapter 7 / Section 25-18-703
State agency standards and policies
Status: in_force

A state agency may use the standards and policies developed by the Director of the Division of Information Systems under § 25-18-702 , or it may develop its own standards and policies consistent with the requirements established in § 25-18-702(b) . Amended by Act 2019, No. 910,§ 6307, eff. 7/1/2019. Acts 2007, No. 722, § 1.

A state agency may use the standards and policies developed by the Director of the Division of Information Systems under § 25-18-702 , or it may develop its own standards and policies consistent with the requirements established in § 25-18-702(b) .

Amended by Act 2019, No. 910,§ 6307, eff. 7/1/2019.

Acts 2007, No. 722, § 1.
Ark. Code Ann. § 25-16-707 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-707
Amounts due state to be certified to Attorney General
Status: in_force

(a) Within ten (10) days after any amount of money is due and payable to the state, the official, department, institution, or other agency through which the amount is payable shall certify that fact to the Attorney General for his or her attention. (b) Any person violating the provisions of this section shall be subject to indictment and upon conviction fined in any sum not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) and, upon proper proceedings, removed from office. Acts 1933, No. 14, §§ 3, 7; Pope's Dig., § 5601; A.S.A. 1947, §§ 12-711, 12-718.

(a) Within ten (10) days after any amount of money is due and payable to the state, the official, department, institution, or other agency through which the amount is payable shall certify that fact to the Attorney General for his or her attention.

(b) Any person violating the provisions of this section shall be subject to indictment and upon conviction fined in any sum not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) and, upon proper proceedings, removed from office.

Acts 1933, No. 14, §§ 3, 7; Pope's Dig., § 5601; A.S.A. 1947, §§ 12-711, 12-718.
Ark. Code Ann. § 25-20-317 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-317
Tax exempt status of property owned and income
Status: in_force

Each public body created under this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. Accordingly, all properties at any time owned by the public body, and the income therefrom, shall be exempt from all taxation in the state. Acts 2001, No. 982, § 1.

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

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-1-1203 — AR Code / Title 25 / Chapter 1 / Subchapter 12 / Section 25-1-1203
Contracts with Government of People's Republic of China prohibited
Status: in_force

(a) A state agency shall not enter into a contract: (1) With a scrutinized company; or (2) That employs a scrutinized company as a subcontractor. (b) A state agency shall require a company that submits a bid or proposal for a contract for goods or services to certify that the company is not a scrutinized company. (c) If a state agency or the Office of State Procurement determines that a company has submitted a false certification under subsection (b) of this section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Office of State Procurement shall terminate the contract with the company; and (3) The company shall be ineligible to bid on a state contract for five (5) years and then the company's status will be reassessed. Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.

(a) A state agency shall not enter into a contract: (1) With a scrutinized company; or (2) That employs a scrutinized company as a subcontractor.

(1) With a scrutinized company; or

(2) That employs a scrutinized company as a subcontractor.

(b) A state agency shall require a company that submits a bid or proposal for a contract for goods or services to certify that the company is not a scrutinized company.

(c) If a state agency or the Office of State Procurement determines that a company has submitted a false certification under subsection (b) of this section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Office of State Procurement shall terminate the contract with the company; and (3) The company shall be ineligible to bid on a state contract for five (5) years and then the company's status will be reassessed.

(1) The company shall be liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted;

(2) The state agency or the Office of State Procurement shall terminate the contract with the company; and

(3) The company shall be ineligible to bid on a state contract for five (5) years and then the company's status will be reassessed.

Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-16-205 — AR Code / Title 25 / Chapter 16 / Subchapter 2 / Section 25-16-205
Transition funds - Definition
Status: in_force

(a) For the purpose of this section, "transition funds" shall mean any funds advanced to an individual who has been elected Governor during the general election of each election year. However, this section shall not apply to a person who is reelected during the general election to the Office of Governor. (b) The Secretary of the Department of Finance and Administration shall issue limitations and guidelines on the expenditure of transition funds and make those limitations and guidelines a part of any appropriation. (c) (1) The expenditure of transition funds is limited to the direct expenses of the activities relating to the new office holder preparing to take office in January following the general election. (2) The expenditure of transition funds and other related charges incurred by a newly elected officer in the performance of his or her duties to prepare for service as a public official shall be limited to those expenditures which are directly related to his or her assuming office in January. It is prohibited to use any transition funds for the purpose of paying a salary to a newly elected official prior to his or her assuming the office. (d) Arkansas Legislative Audit is authorized and directed to perform an audit on the expenditures of transition funds. The audit shall be presented to the Legislative Joint Auditing Committee and the Legislative Council during the biennium following the expenditure of the funds. Amended by Act 2019, No. 910,§ 3580, eff. 7/1/2019. Acts 1983, No. 186, §§ 1-5; A.S.A. 1947, §§ 12-326 -- 12-330.

(a) For the purpose of this section, "transition funds" shall mean any funds advanced to an individual who has been elected Governor during the general election of each election year. However, this section shall not apply to a person who is reelected during the general election to the Office of Governor.

(b) The Secretary of the Department of Finance and Administration shall issue limitations and guidelines on the expenditure of transition funds and make those limitations and guidelines a part of any appropriation.

(c) (1) The expenditure of transition funds is limited to the direct expenses of the activities relating to the new office holder preparing to take office in January following the general election. (2) The expenditure of transition funds and other related charges incurred by a newly elected officer in the performance of his or her duties to prepare for service as a public official shall be limited to those expenditures which are directly related to his or her assuming office in January. It is prohibited to use any transition funds for the purpose of paying a salary to a newly elected official prior to his or her assuming the office.

(1) The expenditure of transition funds is limited to the direct expenses of the activities relating to the new office holder preparing to take office in January following the general election.

(2) The expenditure of transition funds and other related charges incurred by a newly elected officer in the performance of his or her duties to prepare for service as a public official shall be limited to those expenditures which are directly related to his or her assuming office in January. It is prohibited to use any transition funds for the purpose of paying a salary to a newly elected official prior to his or her assuming the office.

(d) Arkansas Legislative Audit is authorized and directed to perform an audit on the expenditures of transition funds. The audit shall be presented to the Legislative Joint Auditing Committee and the Legislative Council during the biennium following the expenditure of the funds.

Amended by Act 2019, No. 910,§ 3580, eff. 7/1/2019.

Acts 1983, No. 186, §§ 1-5; A.S.A. 1947, §§ 12-326 -- 12-330.
Ark. Code Ann. § 25-16-515 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-515
Accounting at expiration of term of appropriation
Status: in_force

(a) It shall be the duty of the Auditor of State at the expiration of the time for which each and every appropriation is made to report to the Treasurer of State the total amount of the warrants drawn on the appropriations during the term. If any balance remains unexpended of any appropriation for which no warrant has been drawn, the Treasurer of State shall balance the accounts and cover the balance into the State Treasury. (b) In no case shall the Auditor of State carry forward from one (1) term to another an unexpended balance of any appropriation after the time for which it was made has expired. Acts 1883, No. 17, §§ 1, 3, p. 15; C. & M. Dig., §§ 4471, 4473; Pope's Dig., §§ 5507, 5509; A.S.A. 1947, §§ 12-528, 12-529.

(a) It shall be the duty of the Auditor of State at the expiration of the time for which each and every appropriation is made to report to the Treasurer of State the total amount of the warrants drawn on the appropriations during the term. If any balance remains unexpended of any appropriation for which no warrant has been drawn, the Treasurer of State shall balance the accounts and cover the balance into the State Treasury.

(b) In no case shall the Auditor of State carry forward from one (1) term to another an unexpended balance of any appropriation after the time for which it was made has expired.

Acts 1883, No. 17, §§ 1, 3, p. 15; C. & M. Dig., §§ 4471, 4473; Pope's Dig., §§ 5507, 5509; A.S.A. 1947, §§ 12-528, 12-529.
Ark. Code Ann. § 25-21-103 — AR Code / Title 25 / Chapter 21 / Section 25-21-103
Investigation of federal legislation on request of Senators or Representatives
Status: in_force

The Attorney General shall also make any reasonable or appropriate investigation or study of any existing or proposed federal legislation to determine its effect upon the state and its citizens whenever he is requested so to do by any of this state's Senators or Representatives in Congress and report the result of such investigation or study. Acts 1943, No. 166, § 3; A.S.A. 1947, § 5-403.

The Attorney General shall also make any reasonable or appropriate investigation or study of any existing or proposed federal legislation to determine its effect upon the state and its citizens whenever he is requested so to do by any of this state's Senators or Representatives in Congress and report the result of such investigation or study.

Acts 1943, No. 166, § 3; A.S.A. 1947, § 5-403.
Ark. Code Ann. § 25-15-402 — AR Code / Title 25 / Chapter 15 / Subchapter 4 / Section 25-15-402
[Repealed]
Status: repealed

Repealed by Act 2021, No. 65,§ 2, eff. 7/28/2021. Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.

Repealed by Act 2021, No. 65,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 781,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 25-18-605 — AR Code / Title 25 / Chapter 18 / Subchapter 6 / Section 25-18-605
Conflict with federal or state laws
Status: in_force

(a) If any rule promulgated under this subchapter is found to conflict with current federal or state law for the retention of public records, the federal or state law shall override the rule promulgated under this subchapter. (b) Rules promulgated under this subchapter shall not require the disclosure of public records otherwise exempt from disclosure by federal or state law. Acts 2005, No. 918, § 1.

(a) If any rule promulgated under this subchapter is found to conflict with current federal or state law for the retention of public records, the federal or state law shall override the rule promulgated under this subchapter.

(b) Rules promulgated under this subchapter shall not require the disclosure of public records otherwise exempt from disclosure by federal or state law.

Acts 2005, No. 918, § 1.
Ark. Code Ann. § 25-15-404 — AR Code / Title 25 / Chapter 15 / Subchapter 4 / Section 25-15-404
Expedited repeal of rules that do not meet definition under Arkansas Administrative Procedure Act
Status: in_force

(a) The General Assembly finds: (1) From time to time agencies promulgate as a rule a statement that does not meet the legal definition of a rule; (2) The development of the Code of Arkansas Rules under § 25-15-218 has highlighted such statements, particularly those promulgated rules which only affect the internal management of an agency and are difficult to codify as they do not require promulgation under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (3) This section is intended to provide agencies with a mechanism to repeal rules that do not meet the legal definition of that term in an expedited fashion. (b) (1) (A) If an agency determines that a rule promulgated by the agency does not meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and desires to repeal the rule, the agency may file a written request with the Legislative Council requesting that the rule be repealed. (B) A written request under subdivision (b)(1)(A) of this section: (i) Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and (ii) Is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) A written request filed with the Legislative Council under subdivision (b)(1) of this section shall contain without limitation the following information: (A) The initial effective date of the rule; (B) The date the rule was filed with the Secretary of State; and (C) The legal authority or agency justification for the repeal of the rule that the agency does not believe meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) (1) The Legislative Council may accept or reject the written request of an agency to repeal a rule under subsection (b) of this section. (2) If the Legislative Council accepts an agency's written request to repeal a rule under subsection (b) of this section, the repeal of the rule is: (A) Effective immediately; and (B) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Within ten (10) days after the Legislative Council's acceptance of an agency's written request to repeal a rule under this section, the agency shall notify the Secretary of State that the rule has been repealed under this section. (d) A written request requesting the repeal of a rule under this section may: (1) Be filed at any time; and (2) Request the repeal of one (1) or more rules that the agency does not believe meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) As part of its development and maintenance of the Code of Arkansas Rules under § 25-15-218 , the Bureau of Legislative Research may request that an agency review a rule to determine if the agency believes the rule meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2021, No. 65,§ 3, eff. 7/28/2021.

(a) The General Assembly finds: (1) From time to time agencies promulgate as a rule a statement that does not meet the legal definition of a rule; (2) The development of the Code of Arkansas Rules under § 25-15-218 has highlighted such statements, particularly those promulgated rules which only affect the internal management of an agency and are difficult to codify as they do not require promulgation under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (3) This section is intended to provide agencies with a mechanism to repeal rules that do not meet the legal definition of that term in an expedited fashion.

(1) From time to time agencies promulgate as a rule a statement that does not meet the legal definition of a rule;

(2) The development of the Code of Arkansas Rules under § 25-15-218 has highlighted such statements, particularly those promulgated rules which only affect the internal management of an agency and are difficult to codify as they do not require promulgation under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(3) This section is intended to provide agencies with a mechanism to repeal rules that do not meet the legal definition of that term in an expedited fashion.

(b) (1) (A) If an agency determines that a rule promulgated by the agency does not meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and desires to repeal the rule, the agency may file a written request with the Legislative Council requesting that the rule be repealed. (B) A written request under subdivision (b)(1)(A) of this section: (i) Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and (ii) Is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) A written request filed with the Legislative Council under subdivision (b)(1) of this section shall contain without limitation the following information: (A) The initial effective date of the rule; (B) The date the rule was filed with the Secretary of State; and (C) The legal authority or agency justification for the repeal of the rule that the agency does not believe meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) (A) If an agency determines that a rule promulgated by the agency does not meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and desires to repeal the rule, the agency may file a written request with the Legislative Council requesting that the rule be repealed. (B) A written request under subdivision (b)(1)(A) of this section: (i) Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and (ii) Is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) If an agency determines that a rule promulgated by the agency does not meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and desires to repeal the rule, the agency may file a written request with the Legislative Council requesting that the rule be repealed.

(B) A written request under subdivision (b)(1)(A) of this section: (i) Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and (ii) Is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(i) Is an administrative rule for the purposes of Arkansas Constitution, Article 5, § 42; and

(ii) Is exempt from the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) A written request filed with the Legislative Council under subdivision (b)(1) of this section shall contain without limitation the following information: (A) The initial effective date of the rule; (B) The date the rule was filed with the Secretary of State; and (C) The legal authority or agency justification for the repeal of the rule that the agency does not believe meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The initial effective date of the rule;

(B) The date the rule was filed with the Secretary of State; and

(C) The legal authority or agency justification for the repeal of the rule that the agency does not believe meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) (1) The Legislative Council may accept or reject the written request of an agency to repeal a rule under subsection (b) of this section. (2) If the Legislative Council accepts an agency's written request to repeal a rule under subsection (b) of this section, the repeal of the rule is: (A) Effective immediately; and (B) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) Within ten (10) days after the Legislative Council's acceptance of an agency's written request to repeal a rule under this section, the agency shall notify the Secretary of State that the rule has been repealed under this section.

(1) The Legislative Council may accept or reject the written request of an agency to repeal a rule under subsection (b) of this section.

(2) If the Legislative Council accepts an agency's written request to repeal a rule under subsection (b) of this section, the repeal of the rule is: (A) Effective immediately; and (B) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) Effective immediately; and

(B) Not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) Within ten (10) days after the Legislative Council's acceptance of an agency's written request to repeal a rule under this section, the agency shall notify the Secretary of State that the rule has been repealed under this section.

(d) A written request requesting the repeal of a rule under this section may: (1) Be filed at any time; and (2) Request the repeal of one (1) or more rules that the agency does not believe meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Be filed at any time; and

(2) Request the repeal of one (1) or more rules that the agency does not believe meet the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) As part of its development and maintenance of the Code of Arkansas Rules under § 25-15-218 , the Bureau of Legislative Research may request that an agency review a rule to determine if the agency believes the rule meets the definition of a rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2021, No. 65,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 25-43-1602 — AR Code / Title 25 / Chapter 43 / Subchapter 16 / Section 25-43-1602
State entities transferred to Department of Veterans Affairs
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Veterans Affairs pursuant to a cabinet-level department transfer: (1) The Arkansas Veterans' Child Welfare Service, created under § 20-81-101 ; (2) The Arkansas Veterans' Commission, created under § 20-81-104 ; (3) The county veterans' service officer programs, created under § 20-81-106 ; (4) The Department of Veterans Affairs, created under § 20-81-102 [repealed]; (5) The state veterans' cemetery system, created under § 20-81-112 ; and (6) The Veterans' Home, established under § 20-81-105 , now known as "veterans' homes". (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 Veterans Affairs 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 Veterans Affairs 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 Veterans Affairs 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 Veterans Affairs in the same manner as before the creation of the cabinet-level department. Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Veterans Affairs pursuant to a cabinet-level department transfer: (1) The Arkansas Veterans' Child Welfare Service, created under § 20-81-101 ; (2) The Arkansas Veterans' Commission, created under § 20-81-104 ; (3) The county veterans' service officer programs, created under § 20-81-106 ; (4) The Department of Veterans Affairs, created under § 20-81-102 [repealed]; (5) The state veterans' cemetery system, created under § 20-81-112 ; and (6) The Veterans' Home, established under § 20-81-105 , now known as "veterans' homes".

(1) The Arkansas Veterans' Child Welfare Service, created under § 20-81-101 ;

(2) The Arkansas Veterans' Commission, created under § 20-81-104 ;

(3) The county veterans' service officer programs, created under § 20-81-106 ;

(4) The Department of Veterans Affairs, created under § 20-81-102 [repealed];

(5) The state veterans' cemetery system, created under § 20-81-112 ; and

(6) The Veterans' Home, established under § 20-81-105 , now known as "veterans' homes".

(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 Veterans Affairs 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 Veterans Affairs 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 Veterans Affairs 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 Veterans Affairs in the same manner as before the creation of the cabinet-level department.

Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.
Ark. Code Ann. § 25-43-1005 — AR Code / Title 25 / Chapter 43 / Subchapter 10 / Section 25-43-1005
Executive branch internal audit functions
Status: in_force

(a) An executive branch department that has an existing internal audit function or creates an internal audit function shall adhere to the International Professional Practices Framework of the Institute of Internal Auditors, including without limitation obtaining an external quality assurance review. (b) (1) The chief audit executive of each executive branch department shall comply with all requests of the Office of Internal Audit including providing copies of annual internal audit plans, copies of all reports and correspondence with their respective agencies on a quarterly basis, and copies of external quality assurance reviews. (2) The chief audit executive of each executive branch department shall have unrestricted access to the Director of the Office of Internal Audit. (c) (1) (A) All activities of other executive branch department internal audit functions shall be reported to the Office of Internal Audit and Arkansas Legislative Audit. (B) Activities reported to the Office of Internal Audit may be presented for consideration of further review by the Governor. (2) Other executive branch department internal audit functions shall report functionally to an audit committee of their governing boards. (3) If a governing board does not exist for the executive branch department, the internal audit function shall report to the highest authority in the department charged with governance of the executive branch department. Added by Act 2021, No. 671,§ 3, eff. 7/28/2021.

(a) An executive branch department that has an existing internal audit function or creates an internal audit function shall adhere to the International Professional Practices Framework of the Institute of Internal Auditors, including without limitation obtaining an external quality assurance review.

(b) (1) The chief audit executive of each executive branch department shall comply with all requests of the Office of Internal Audit including providing copies of annual internal audit plans, copies of all reports and correspondence with their respective agencies on a quarterly basis, and copies of external quality assurance reviews. (2) The chief audit executive of each executive branch department shall have unrestricted access to the Director of the Office of Internal Audit.

(1) The chief audit executive of each executive branch department shall comply with all requests of the Office of Internal Audit including providing copies of annual internal audit plans, copies of all reports and correspondence with their respective agencies on a quarterly basis, and copies of external quality assurance reviews.

(2) The chief audit executive of each executive branch department shall have unrestricted access to the Director of the Office of Internal Audit.

(c) (1) (A) All activities of other executive branch department internal audit functions shall be reported to the Office of Internal Audit and Arkansas Legislative Audit. (B) Activities reported to the Office of Internal Audit may be presented for consideration of further review by the Governor. (2) Other executive branch department internal audit functions shall report functionally to an audit committee of their governing boards. (3) If a governing board does not exist for the executive branch department, the internal audit function shall report to the highest authority in the department charged with governance of the executive branch department.

(1) (A) All activities of other executive branch department internal audit functions shall be reported to the Office of Internal Audit and Arkansas Legislative Audit. (B) Activities reported to the Office of Internal Audit may be presented for consideration of further review by the Governor.

(A) All activities of other executive branch department internal audit functions shall be reported to the Office of Internal Audit and Arkansas Legislative Audit.

(B) Activities reported to the Office of Internal Audit may be presented for consideration of further review by the Governor.

(2) Other executive branch department internal audit functions shall report functionally to an audit committee of their governing boards.

(3) If a governing board does not exist for the executive branch department, the internal audit function shall report to the highest authority in the department charged with governance of the executive branch department.

Added by Act 2021, No. 671,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 25-1-1102 — AR Code / Title 25 / Chapter 1 / Subchapter 11 / Section 25-1-1102
Prohibition on contracting with entities that boycott energy, fossil fuel, firearms, and ammunition industries
Status: in_force

(a) Except as provided under subsection (c) of this section, a public entity shall not: (1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of energy, fossil fuel, firearms, and ammunition industries; or (2) Engage in a boycott of energy, fossil fuel, firearms, and ammunition industries. (b) A company's statement that it is participating in boycotts of energy, fossil fuel, firearms, and ammunition industries or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott can be considered by the Office of State Procurement as a type of evidence, among others, that a company is participating in a boycott of energy, fossil fuel, firearms, and ammunition industries. (c) This section does not apply to: (1) A company that fails to meet the requirements under subsection (a) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or (2) Contracts with a total potential value of less than seventy-five thousand dollars ($75,000). Added by Act 2023, No. 611,§ 1, eff. 8/1/2023.

(a) Except as provided under subsection (c) of this section, a public entity shall not: (1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of energy, fossil fuel, firearms, and ammunition industries; or (2) Engage in a boycott of energy, fossil fuel, firearms, and ammunition industries.

(1) Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of energy, fossil fuel, firearms, and ammunition industries; or

(2) Engage in a boycott of energy, fossil fuel, firearms, and ammunition industries.

(b) A company's statement that it is participating in boycotts of energy, fossil fuel, firearms, and ammunition industries or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott can be considered by the Office of State Procurement as a type of evidence, among others, that a company is participating in a boycott of energy, fossil fuel, firearms, and ammunition industries.

(c) This section does not apply to: (1) A company that fails to meet the requirements under subsection (a) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or (2) Contracts with a total potential value of less than seventy-five thousand dollars ($75,000).

(1) A company that fails to meet the requirements under subsection (a) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or

(2) Contracts with a total potential value of less than seventy-five thousand dollars ($75,000).

Added by Act 2023, No. 611,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-43-1101 — AR Code / Title 25 / Chapter 43 / Subchapter 11 / Section 25-43-1101
Department of Labor and Licensing
Status: in_force

There is created the Department of Labor and Licensing as a cabinet-level department. Added by Act 2019, No. 910,§ 5265, eff. 7/1/2019.

There is created the Department of Labor and Licensing as a cabinet-level department.

Added by Act 2019, No. 910,§ 5265, eff. 7/1/2019.
Ark. Code Ann. § 25-1-802 — AR Code / Title 25 / Chapter 1 / Subchapter 8 / Section 25-1-802
Legislative intent
Status: in_force

The General Assembly finds that this subchapter is needed to prohibit public agencies from disclosing or releasing personal information about membership, volunteers, and financial and nonfinancial donors to 501(c) nonprofit organizations, except as required by law. Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.

The General Assembly finds that this subchapter is needed to prohibit public agencies from disclosing or releasing personal information about membership, volunteers, and financial and nonfinancial donors to 501(c) nonprofit organizations, except as required by law.

Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-20-513 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-513
Securing deposit of public funds
Status: in_force

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 2009, No. 1371, § 1.

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-1-125 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-125
Taxpayer funds used for advertisement
Status: in_force

(a) (1) All articles, statements, or communications using the image of an elected official appearing in any newspaper printed or circulated in this state for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person submitting the articles, statements, or communications and the elected official whose image is used shall be responsible for including the required disclaimer. (b) (1) All articles, statements, or communications using the image or voice of an elected official appearing in any radio, television, or any other electronic medium for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person placing the articles, statements, or communications and the elected official whose image or voice is used shall be responsible for including the required disclaimer. (c) This section does not apply to: (1) Articles, statements, or communications intended or calculated to influence the vote of any elector in any election and subject to the restrictions under § 7-1-103 ; or (2) Political advertisements, articles, statements, or communications paid for by a candidate for elective office if the political advertisements, articles, statements, or communications are paid for with the candidate's campaign funds and not state funds. (d) Any citizen may file a complaint with the Arkansas Ethics Commission against an elected official who violates this section. Amended by Act 2021, No. 1043,§ 1, eff. 7/28/2021.

(a) (1) All articles, statements, or communications using the image of an elected official appearing in any newspaper printed or circulated in this state for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person submitting the articles, statements, or communications and the elected official whose image is used shall be responsible for including the required disclaimer.

(1) All articles, statements, or communications using the image of an elected official appearing in any newspaper printed or circulated in this state for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement.

(A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or

(B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement.

(2) Both the person submitting the articles, statements, or communications and the elected official whose image is used shall be responsible for including the required disclaimer.

(b) (1) All articles, statements, or communications using the image or voice of an elected official appearing in any radio, television, or any other electronic medium for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person placing the articles, statements, or communications and the elected official whose image or voice is used shall be responsible for including the required disclaimer.

(1) All articles, statements, or communications using the image or voice of an elected official appearing in any radio, television, or any other electronic medium for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement.

(A) "Paid advertisement" or "paid ad" and the name of the state entity, county, or constitutional officer that paid for the advertisement; or

(B) "Paid for by", "sponsored by", or "furnished by" and the name of the state entity, county, or constitutional officer that paid for the advertisement.

(2) Both the person placing the articles, statements, or communications and the elected official whose image or voice is used shall be responsible for including the required disclaimer.

(c) This section does not apply to: (1) Articles, statements, or communications intended or calculated to influence the vote of any elector in any election and subject to the restrictions under § 7-1-103 ; or (2) Political advertisements, articles, statements, or communications paid for by a candidate for elective office if the political advertisements, articles, statements, or communications are paid for with the candidate's campaign funds and not state funds.

(1) Articles, statements, or communications intended or calculated to influence the vote of any elector in any election and subject to the restrictions under § 7-1-103 ; or

(2) Political advertisements, articles, statements, or communications paid for by a candidate for elective office if the political advertisements, articles, statements, or communications are paid for with the candidate's campaign funds and not state funds.

(d) Any citizen may file a complaint with the Arkansas Ethics Commission against an elected official who violates this section.

Amended by Act 2021, No. 1043,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 25-10-404 — AR Code / Title 25 / Chapter 10 / Subchapter 4 / Section 25-10-404
Arkansas Juvenile Assessment and Treatment Center
Status: in_force

The youth services center located at Alexander shall be known as the "Arkansas Juvenile Assessment and Treatment Center". Acts 2007, No. 855, § 2.

The youth services center located at Alexander shall be known as the "Arkansas Juvenile Assessment and Treatment Center".

Acts 2007, No. 855, § 2.
Ark. Code Ann. § 25-10-114 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-114
Developmental disabilities - Special authorization - Cash funds
Status: in_force

(a) All funds received by the Division of Developmental Disabilities Services of the Department of Human Services shall be placed in the State Treasury and expended via appropriation. (b) Those funds held in trust by the agency for the residents of the human development centers, including gifts and bequests, shall be considered agency funds to be expended from bank accounts without legislative appropriation. (c) The Chief Fiscal Officer of the State shall have the final authority to determine those funds which may be exempted from being placed in the State Treasury unless otherwise provided by law. However, no agency funds deposited in bank accounts shall be expended for purposes other than those allowed for the expenditures of State Treasury funds under the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. Acts 1977, No. 787, § 10; 1995, No. 1198, § 70.

(a) All funds received by the Division of Developmental Disabilities Services of the Department of Human Services shall be placed in the State Treasury and expended via appropriation.

(b) Those funds held in trust by the agency for the residents of the human development centers, including gifts and bequests, shall be considered agency funds to be expended from bank accounts without legislative appropriation.

(c) The Chief Fiscal Officer of the State shall have the final authority to determine those funds which may be exempted from being placed in the State Treasury unless otherwise provided by law. However, no agency funds deposited in bank accounts shall be expended for purposes other than those allowed for the expenditures of State Treasury funds under the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq.

Acts 1977, No. 787, § 10; 1995, No. 1198, § 70.
Ark. Code Ann. § 25-20-309 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-309
Eminent domain
Status: in_force

(a) Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in § 18-15-301 et seq. or § 18-15-401 et seq., or in the manner provided by any other statutory provisions under which one (1) of the public body's participating public agencies may exercise a power of eminent domain. (b) In exercising the power of eminent domain, the public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts. Acts 2001, No. 982, § 1.

(a) Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in § 18-15-301 et seq. or § 18-15-401 et seq., or in the manner provided by any other statutory provisions under which one (1) of the public body's participating public agencies may exercise a power of eminent domain.

(b) In exercising the power of eminent domain, the public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-10-131 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-131
Match transfer
Status: in_force

The Secretary of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect interagency fund transfers for the purpose of providing the state's matching share for payments made to that division or office, or its service providers, for services eligible for federal reimbursement under programs administered by other divisions or offices of the Department of Human Services. Amended by Act 2019, No. 910,§ 5252, eff. 7/1/2019. Acts 1995, No. 1198, § 62.

The Secretary of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect interagency fund transfers for the purpose of providing the state's matching share for payments made to that division or office, or its service providers, for services eligible for federal reimbursement under programs administered by other divisions or offices of the Department of Human Services.

Amended by Act 2019, No. 910,§ 5252, eff. 7/1/2019.

Acts 1995, No. 1198, § 62.
Ark. Code Ann. § 25-16-805 — AR Code / Title 25 / Chapter 16 / Subchapter 8 / Section 25-16-805
Special board members
Status: in_force

(a) When any member of a state commission, board, council, committee, or similar body is disqualified or is otherwise temporarily unable or unwilling to serve in regard to any matter or matters pending before the entity, the Governor or other appointing authority may appoint a qualified person to serve as a special member of the entity to hear and participate in the decision on the particular matter or matters. (b) The special board member appointed under this section shall have all authority and responsibility of a regular board member with respect to the particular matter or matters before the entity but shall have no authority or responsibility with respect to any other matter or matters before the board. (c) The chair of the entity requesting a special board member shall inform the Governor or other appointing authority of the request in writing no later than twenty-four (24) hours prior to the meeting in which the special board member shall serve. (d) A person appointed as a special member of a state commission, board, council, committee, or similar body pursuant to the provisions of this section shall be entitled to receive stipends and expense reimbursement in the same amount and under the same procedure as prescribed for regular members. The stipends and expense reimbursement shall be paid from the same source as stipends and expense reimbursement payment to regular members. Acts 1993, No. 1251, §§ 1-4; 1997, No. 250, § 238.

(a) When any member of a state commission, board, council, committee, or similar body is disqualified or is otherwise temporarily unable or unwilling to serve in regard to any matter or matters pending before the entity, the Governor or other appointing authority may appoint a qualified person to serve as a special member of the entity to hear and participate in the decision on the particular matter or matters.

(b) The special board member appointed under this section shall have all authority and responsibility of a regular board member with respect to the particular matter or matters before the entity but shall have no authority or responsibility with respect to any other matter or matters before the board.

(c) The chair of the entity requesting a special board member shall inform the Governor or other appointing authority of the request in writing no later than twenty-four (24) hours prior to the meeting in which the special board member shall serve.

(d) A person appointed as a special member of a state commission, board, council, committee, or similar body pursuant to the provisions of this section shall be entitled to receive stipends and expense reimbursement in the same amount and under the same procedure as prescribed for regular members. The stipends and expense reimbursement shall be paid from the same source as stipends and expense reimbursement payment to regular members.

Acts 1993, No. 1251, §§ 1-4; 1997, No. 250, § 238.
Ark. Code Ann. § 25-1-501 — AR Code / Title 25 / Chapter 1 / Subchapter 5 / Section 25-1-501
Legislative findings
Status: in_force

The General Assembly finds that: (1) Boycotts and related tactics have become tools of economic warfare that threaten the sovereignty and security of key allies and trade partners of the United States; (2) The State of Israel is the most prominent target of such boycott activity, which began with but has not been limited to the Arab League boycott adopted in 1945, even before Israel's declaration of independence as the reestablished national state of the Jewish people; (3) Companies that refuse to deal with United States trade partners such as Israel, or entities that do business with or in such countries, make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness; (4) It is the public policy of the United States, as enshrined in several federal acts, to oppose boycotts against Israel, and the United States Congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness; (5) Israel in particular is known for its dynamic and innovative approach in many business sectors, and therefore a company's decision to discriminate against Israel, Israeli entities, or entities that do business with or in Israel, is an unsound business practice, making the company an unduly risky contracting partner or vehicle for investment; and (6) Arkansas seeks to act to implement the United States Congress's announced policy of "examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of state assets from companies that support or promote actions to boycott, divest from, or sanction Israel". Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.

The General Assembly finds that:

(1) Boycotts and related tactics have become tools of economic warfare that threaten the sovereignty and security of key allies and trade partners of the United States;

(2) The State of Israel is the most prominent target of such boycott activity, which began with but has not been limited to the Arab League boycott adopted in 1945, even before Israel's declaration of independence as the reestablished national state of the Jewish people;

(3) Companies that refuse to deal with United States trade partners such as Israel, or entities that do business with or in such countries, make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness;

(4) It is the public policy of the United States, as enshrined in several federal acts, to oppose boycotts against Israel, and the United States Congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness;

(5) Israel in particular is known for its dynamic and innovative approach in many business sectors, and therefore a company's decision to discriminate against Israel, Israeli entities, or entities that do business with or in Israel, is an unsound business practice, making the company an unduly risky contracting partner or vehicle for investment; and

(6) Arkansas seeks to act to implement the United States Congress's announced policy of "examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of state assets from companies that support or promote actions to boycott, divest from, or sanction Israel".

Added by Act 2017, No. 710,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-43-501 — AR Code / Title 25 / Chapter 43 / Subchapter 5 / Section 25-43-501
Department of Education
Status: in_force

There is created the Department of Education as a cabinet-level department. Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.

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

Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Ark. Code Ann. § 25-19-101 — AR Code / Title 25 / Chapter 19 / Section 25-19-101
Title
Status: in_force

This chapter shall be known and cited as the "Freedom of Information Act of 1967". Acts 1967, No. 93, § 1; A.S.A. 1947, § 12-2801.

This chapter shall be known and cited as the "Freedom of Information Act of 1967".

Acts 1967, No. 93, § 1; A.S.A. 1947, § 12-2801.
Ark. Code Ann. § 25-16-713 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-713
Attorney General - Designated law enforcement agency
Status: in_force

(a) The office of the Attorney General is designated as a law enforcement agency. (b) A person designated and employed as a special investigator by the Attorney General shall: (1) Be a certified law enforcement officer under § 12-9-101 et seq.; and (2) Have statewide law enforcement jurisdiction and authority. Acts 2009, No. 81, § 1.

(a) The office of the Attorney General is designated as a law enforcement agency.

(b) A person designated and employed as a special investigator by the Attorney General shall: (1) Be a certified law enforcement officer under § 12-9-101 et seq.; and (2) Have statewide law enforcement jurisdiction and authority.

(1) Be a certified law enforcement officer under § 12-9-101 et seq.; and

(2) Have statewide law enforcement jurisdiction and authority.

Acts 2009, No. 81, § 1.
Ark. Code Ann. § 25-20-519 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-519
Franchise fees
Status: in_force

(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of such public agency, and the ordinance or resolution is prima facie reasonable, provided that a franchise fee shall not exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from wastewater services within the public agency's jurisdiction unless agreed to by the public body or approved by the voters of the public agency. (b) A public body created under this subchapter is not a public utility under § 14-200-101 et seq. or a person, company, or corporation that has secured a franchise from any municipality under § 14-200-102 . (c) Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter. Acts 2009, No. 1371, § 1.

(a) A participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body under this subchapter to pay a reasonable franchise fee by which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of such public agency, and the ordinance or resolution is prima facie reasonable, provided that a franchise fee shall not exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from wastewater services within the public agency's jurisdiction unless agreed to by the public body or approved by the voters of the public agency.

(b) A public body created under this subchapter is not a public utility under § 14-200-101 et seq. or a person, company, or corporation that has secured a franchise from any municipality under § 14-200-102 .

(c) Any franchise fees charged under this section shall be in addition to payments in lieu of taxes permitted under this subchapter.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-20-520 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-520
Payments in lieu of taxes
Status: in_force

(a) A public body under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county in lieu of taxes in return for police, fire, and health protection and in return for administrative and other services furnished by the public agency. (b) The payments shall be an operation and maintenance expense of the public body. (c) (1) In each calendar year, the payments shall equal the amount the public agency would have received from the public body as real property taxes for the preceding calendar year if the public body's real property located in the public agency's jurisdiction, whether owned or leased by the public body, had been privately owned and subject to tax by the public agency. (2) For purposes of this computation, the public body's real property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the public body's usual accounting procedures. (d) Payments in lieu of taxes under this section shall be in addition to any franchise fees permitted under this subchapter. Acts 2009, No. 1371, § 1.

(a) A public body under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county in lieu of taxes in return for police, fire, and health protection and in return for administrative and other services furnished by the public agency.

(b) The payments shall be an operation and maintenance expense of the public body.

(c) (1) In each calendar year, the payments shall equal the amount the public agency would have received from the public body as real property taxes for the preceding calendar year if the public body's real property located in the public agency's jurisdiction, whether owned or leased by the public body, had been privately owned and subject to tax by the public agency. (2) For purposes of this computation, the public body's real property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the public body's usual accounting procedures.

(1) In each calendar year, the payments shall equal the amount the public agency would have received from the public body as real property taxes for the preceding calendar year if the public body's real property located in the public agency's jurisdiction, whether owned or leased by the public body, had been privately owned and subject to tax by the public agency.

(2) For purposes of this computation, the public body's real property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the public body's usual accounting procedures.

(d) Payments in lieu of taxes under this section shall be in addition to any franchise fees permitted under this subchapter.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-5-101 — AR Code / Title 25 / Chapter 5 / Section 25-5-101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 1021, eff. 7/1/2019. Acts 1971, No. 38, § 13; A.S.A. 1947, § 5-913.

Repealed by Act 2019, No. 910,§ 1021, eff. 7/1/2019.

Acts 1971, No. 38, § 13; A.S.A. 1947, § 5-913.
Ark. Code Ann. § 25-3-101 — AR Code / Title 25 / Chapter 3 / Section 25-3-101
Legislative intent - 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 cultural needs of the people of this state and sufficiently flexible to meet changing conditions; (2) To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government; (3) To encourage greater participation of the public in the cultural affairs of the state; (4) To effect the grouping of culturally oriented state agencies and programs into one (1) department; and (5) 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 programs or agencies to the Division of Arkansas Heritage 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. Amended by Act 2019, No. 910,§ 5702, eff. 7/1/2019. Acts 1975, No. 1001, §§ 1, 2; A.S.A. 1947, §§ 5-923n, 5-926.

(a) The General Assembly declares that this act is necessary: (1) To create a structure of state government which will be responsive to the cultural needs of the people of this state and sufficiently flexible to meet changing conditions; (2) To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government; (3) To encourage greater participation of the public in the cultural affairs of the state; (4) To effect the grouping of culturally oriented state agencies and programs into one (1) department; and (5) To eliminate overlapping and duplication of effort.

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

(2) To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government;

(3) To encourage greater participation of the public in the cultural affairs of the state;

(4) To effect the grouping of culturally oriented state agencies and programs into one (1) department; and

(5) 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 programs or agencies to the Division of Arkansas Heritage 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.

Amended by Act 2019, No. 910,§ 5702, eff. 7/1/2019.

Acts 1975, No. 1001, §§ 1, 2; A.S.A. 1947, §§ 5-923n, 5-926.
Ark. Code Ann. § 25-10-117 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-117
[Repealed]
Status: repealed

Repealed by Act 2017, No. 764,§ 1, eff. 8/1/2017. Acts 1981, No. 764, § 5; A.S.A. 1947, § 5-904.2.

Repealed by Act 2017, No. 764,§ 1, eff. 8/1/2017.

Acts 1981, No. 764, § 5; A.S.A. 1947, § 5-904.2.
Ark. Code Ann. § 25-20-106 — AR Code / Title 25 / Chapter 20 / Subchapter 1 / Section 25-20-106
Agreements for joint or cooperative action - Submission to and approval by state officer or agency controlling services or facilities
Status: in_force

(a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a condition precedent to its entry into force, shall be submitted to the state officer or agency having the power of control and shall be approved or disapproved by him or her or it as to all matters within his or her or its jurisdiction in the same manner and subject to the same requirements governing the action of the Attorney General pursuant to § 25-20-104(f) . (b) This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the Attorney General. Acts 1967, No. 430, § 6; A.S.A. 1947, § 14-906.

(a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a condition precedent to its entry into force, shall be submitted to the state officer or agency having the power of control and shall be approved or disapproved by him or her or it as to all matters within his or her or its jurisdiction in the same manner and subject to the same requirements governing the action of the Attorney General pursuant to § 25-20-104(f) .

(b) This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the Attorney General.

Acts 1967, No. 430, § 6; A.S.A. 1947, § 14-906.
Ark. Code Ann. § 25-43-1306 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1306
Great River Road Division
Status: in_force

(a) The Mississippi River Parkway Commission of Arkansas, as established pursuant to § 27-69-201 et seq., shall be located in the Great River Road Division created hereby. (b) (1) The Great River Road Division shall be located within the Tourism Division. (2) The Director of the Tourism Division or his or her designee shall serve as the head of the Great River Road Division. Amended by Act 2021, No. 495,§ 1, eff. 7/28/2021. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

(a) The Mississippi River Parkway Commission of Arkansas, as established pursuant to § 27-69-201 et seq., shall be located in the Great River Road Division created hereby.

(b) (1) The Great River Road Division shall be located within the Tourism Division. (2) The Director of the Tourism Division or his or her designee shall serve as the head of the Great River Road Division.

(1) The Great River Road Division shall be located within the Tourism Division.

(2) The Director of the Tourism Division or his or her designee shall serve as the head of the Great River Road Division.

Amended by Act 2021, No. 495,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-16-1104 — AR Code / Title 25 / Chapter 16 / Subchapter 11 / Section 25-16-1104
Disqualification from office
Status: in_force

A public servant who pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) shall be disqualified and barred from holding an office, position, or employment in a governmental body. Amended by Act 2013, No. 995,§ 5, eff. 8/16/2013. Acts 2009, No. 679, § 1.

A public servant who pleads guilty or nolo contendere to or is found guilty of an offense under § 25-16-1103(a) shall be disqualified and barred from holding an office, position, or employment in a governmental body.

Amended by Act 2013, No. 995,§ 5, eff. 8/16/2013.

Acts 2009, No. 679, § 1.
Ark. Code Ann. § 25-43-1601 — AR Code / Title 25 / Chapter 43 / Subchapter 16 / Section 25-43-1601
Department of Veterans Affairs - Creation
Status: in_force

There is created the Department of Veterans Affairs as a cabinet-level department. Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.

There is created the Department of Veterans Affairs as a cabinet-level department.

Added by Act 2019, No. 910,§ 6327, eff. 7/1/2019.
Ark. Code Ann. § 25-19-104 — AR Code / Title 25 / Chapter 19 / Section 25-19-104
Penalty
Status: in_force

Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor. Acts 1967, No. 93, § 7; A.S.A. 1947, § 12-2807; Acts 1987, No. 49, § 3; 2005, No. 1994, § 413.

Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor.

Acts 1967, No. 93, § 7; A.S.A. 1947, § 12-2807; Acts 1987, No. 49, § 3; 2005, No. 1994, § 413.
Ark. Code Ann. § 25-10-402 — AR Code / Title 25 / Chapter 10 / Subchapter 4 / Section 25-10-402
Purpose - Guidelines
Status: in_force

(a) The Department of Human Services State Institutional System Board is established to manage the Department of Human Services State Institutional System, as provided and intended by Arkansas Constitution, Amendment 33. (b) The board shall perform its functions and duties in accordance with the general guidelines, policies, and rules of the Department of Human Services governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the Secretary of the Department of Human Services. Amended by Act 2019, No. 315,§ 2922, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5256, eff. 7/1/2019. Acts 1995, No. 1162, § 2; 2005, No. 1954, § 11; 2007, No. 384, § 10; 2009, No. 549, § 3.

(a) The Department of Human Services State Institutional System Board is established to manage the Department of Human Services State Institutional System, as provided and intended by Arkansas Constitution, Amendment 33.

(b) The board shall perform its functions and duties in accordance with the general guidelines, policies, and rules of the Department of Human Services governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the Secretary of the Department of Human Services.

Amended by Act 2019, No. 315,§ 2922, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5256, eff. 7/1/2019.

Acts 1995, No. 1162, § 2; 2005, No. 1954, § 11; 2007, No. 384, § 10; 2009, No. 549, § 3.
Ark. Code Ann. § 25-30-202 — AR Code / Title 25 / Chapter 30 / Subchapter 2 / Section 25-30-202
Scope of authority
Status: in_force

(a) All authorities and responsibilities defined in the Rehabilitation Act of Arkansas, § 20-79-201 et seq., shall be administered by Arkansas Rehabilitation Services under the direction of the Division of Workforce Services, except those transferred to the Division of State Services for the Blind by § 25-10-201 et seq. (b) Any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds transferred from the Division of Rehabilitation Services to the Department of Human Services by Acts 1985, No. 348, are hereby transferred to Arkansas Rehabilitation Services. Amended by Act 2023, No. 182,§ 18, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 627, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 6, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

(a) All authorities and responsibilities defined in the Rehabilitation Act of Arkansas, § 20-79-201 et seq., shall be administered by Arkansas Rehabilitation Services under the direction of the Division of Workforce Services, except those transferred to the Division of State Services for the Blind by § 25-10-201 et seq.

(b) Any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds transferred from the Division of Rehabilitation Services to the Department of Human Services by Acts 1985, No. 348, are hereby transferred to Arkansas Rehabilitation Services.

Amended by Act 2023, No. 182,§ 18, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 627, eff. 7/1/2019.

Amended by Act 2015, No. 892,§ 6, eff. 4/1/2015.

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-42-101 — AR Code / Title 25 / Chapter 42 / Section 25-42-101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5117, eff. 7/1/2019. Amended by Act 2017, No. 270,§ 2, eff. 8/1/2017. Acts 2011, No. 891, § 1.

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

Amended by Act 2017, No. 270,§ 2, eff. 8/1/2017.

Acts 2011, No. 891, § 1.
Ark. Code Ann. § 25-10-142 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-142
[Repealed]
Status: repealed

Repealed by Act 2017, No. 896,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 897,§ 20, eff. 7/1/2017. Added by Act 2013, No. 528,§ 4, eff. 3/28/2013.

Repealed by Act 2017, No. 896,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 897,§ 20, eff. 7/1/2017.

Added by Act 2013, No. 528,§ 4, eff. 3/28/2013.
Ark. Code Ann. § 25-43-101 — AR Code / Title 25 / Chapter 43 / Subchapter 1 / Section 25-43-101
Cabinet-level departments established
Status: in_force

This chapter establishes the cabinet-level departments of the executive branch under the Transformation and Efficiencies Act of 2019. Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.

This chapter establishes the cabinet-level departments of the executive branch under the Transformation and Efficiencies Act of 2019.

Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Ark. Code Ann. § 25-18-601 — AR Code / Title 25 / Chapter 18 / Subchapter 6 / Section 25-18-601
Legislative intent
Status: in_force

(a) The General Assembly finds that while the Freedom of Information Act of 1967, § 25-19-101 et seq., provides disclosure guarantees for public records, due to Acts 2001, No. 1252, there is no general requirement for agencies to preserve public records. (b) Therefore, the State of Arkansas is in need of a general records retention law to preserve records that are commonly found in most state agencies for disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., for historical purposes and for the efficient operation of state government. Acts 2005, No. 918, § 1.

(a) The General Assembly finds that while the Freedom of Information Act of 1967, § 25-19-101 et seq., provides disclosure guarantees for public records, due to Acts 2001, No. 1252, there is no general requirement for agencies to preserve public records.

(b) Therefore, the State of Arkansas is in need of a general records retention law to preserve records that are commonly found in most state agencies for disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., for historical purposes and for the efficient operation of state government.

Acts 2005, No. 918, § 1.
Ark. Code Ann. § 25-16-604 — AR Code / Title 25 / Chapter 16 / Subchapter 6 / Section 25-16-604
Duties generally
Status: in_force

It shall be the duty of the Treasurer of State: (1) To receive and keep all the moneys of the state not expressly required by law to be kept by some other person; (2) To disburse the public moneys upon warrants drawn upon the State Treasury according to law and not otherwise; (3) To keep a just, true, and comprehensive account of all moneys received and disbursed by him or her in books to be kept for that purpose, in which he or she shall state from whom moneys have been received and on what account and to whom and on what account disbursed; (4) To keep a just and true account of each head of appropriation made by law and the disbursements under them; (5) To render his or her accounts to the Auditor of State for settlement quarterly; and (6) To perform all other duties which may be required of him or her by law. Amended by Act 2017, No. 291,§ 2, eff. 6/30/2017. Rev. Stat., ch. 18, § 22; Acts 1853, § 1, p. 127; C. & M. Dig., §§ 4387, 4490; Pope's Dig., §§ 5399, 5526; A.S.A. 1947, §§ 12-302, 12-609; Acts 2009, No. 962, § 48.

It shall be the duty of the Treasurer of State:

(1) To receive and keep all the moneys of the state not expressly required by law to be kept by some other person;

(2) To disburse the public moneys upon warrants drawn upon the State Treasury according to law and not otherwise;

(3) To keep a just, true, and comprehensive account of all moneys received and disbursed by him or her in books to be kept for that purpose, in which he or she shall state from whom moneys have been received and on what account and to whom and on what account disbursed;

(4) To keep a just and true account of each head of appropriation made by law and the disbursements under them;

(5) To render his or her accounts to the Auditor of State for settlement quarterly; and

(6) To perform all other duties which may be required of him or her by law.

Amended by Act 2017, No. 291,§ 2, eff. 6/30/2017.

Rev. Stat., ch. 18, § 22; Acts 1853, § 1, p. 127; C. & M. Dig., §§ 4387, 4490; Pope's Dig., §§ 5399, 5526; A.S.A. 1947, §§ 12-302, 12-609; Acts 2009, No. 962, § 48.
Ark. Code Ann. § 25-10-119 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-119
Certification of vouchers
Status: in_force

(a) The designated disbursing officers for the Department of Human Services are hereby authorized to complete and sign one (1) certification for each state voucher or other designated document that authorizes the Auditor of State or other official to draw a state warrant or check on a bond administered by the department. (b) The voucher or other authorizing document can consist of one (1) or more pages, and in the event that more than one (1) page is used, then the designated disbursing officer is to manually sign the last page only, and any certification is to be so worded that it will apply to all pages of the document. Acts 1989 (1st Ex. Sess.), No. 68, § 19.

(a) The designated disbursing officers for the Department of Human Services are hereby authorized to complete and sign one (1) certification for each state voucher or other designated document that authorizes the Auditor of State or other official to draw a state warrant or check on a bond administered by the department.

(b) The voucher or other authorizing document can consist of one (1) or more pages, and in the event that more than one (1) page is used, then the designated disbursing officer is to manually sign the last page only, and any certification is to be so worded that it will apply to all pages of the document.

Acts 1989 (1st Ex. Sess.), No. 68, § 19.
Ark. Code Ann. § 25-36-103 — AR Code / Title 25 / Chapter 36 / Section 25-36-103
Agency contracting - Diversity
Status: in_force

(a) A state agency shall include in all requests for proposals and requests for qualifications, language that encourages minority participation in each request for proposals and request for qualifications issued by the state agency. (b) (1) State agency requests for proposals and requests for qualifications shall take into consideration minority inclusion in the proposed project. (2) Requests for proposals and requests for qualifications shall provide that an applicant unable to include minority-owned businesses may explain the circumstances preventing minority inclusion. Acts 2003, No. 1814, § 1.

(a) A state agency shall include in all requests for proposals and requests for qualifications, language that encourages minority participation in each request for proposals and request for qualifications issued by the state agency.

(b) (1) State agency requests for proposals and requests for qualifications shall take into consideration minority inclusion in the proposed project. (2) Requests for proposals and requests for qualifications shall provide that an applicant unable to include minority-owned businesses may explain the circumstances preventing minority inclusion.

(1) State agency requests for proposals and requests for qualifications shall take into consideration minority inclusion in the proposed project.

(2) Requests for proposals and requests for qualifications shall provide that an applicant unable to include minority-owned businesses may explain the circumstances preventing minority inclusion.

Acts 2003, No. 1814, § 1.
Ark. Code Ann. § 25-4-128 — AR Code / Title 25 / Chapter 4 / Section 25-4-128
Data and Transparency Panel - Records - Confidentiality
Status: in_force

(a) All records, reports, and other information obtained by the Data and Transparency Panel shall be confidential unless approved for publication in accordance with data standards and specifications developed by the Division of Information Systems. (b) A person, agency, or entity that furnishes confidential information in good faith under this chapter is immune from criminal or civil liability arising out of the release of the confidential information. Amended by Act 2019, No. 910,§ 6300, eff. 7/1/2019. Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.

(a) All records, reports, and other information obtained by the Data and Transparency Panel shall be confidential unless approved for publication in accordance with data standards and specifications developed by the Division of Information Systems.

(b) A person, agency, or entity that furnishes confidential information in good faith under this chapter is immune from criminal or civil liability arising out of the release of the confidential information.

Amended by Act 2019, No. 910,§ 6300, eff. 7/1/2019.

Added by Act 2017, No. 912,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 25-8-103 — AR Code / Title 25 / Chapter 8 / Section 25-8-103
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 6301, eff. 7/1/2019. Amended by Act 2019, No. 392,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 365,§ 28, eff. 7/1/2017. Acts 1967, No. 466, § 1; A.S.A. 1947, § 5-810.

Repealed by Act 2019, No. 910,§ 6301, eff. 7/1/2019.

Amended by Act 2019, No. 392,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 365,§ 28, eff. 7/1/2017.

Acts 1967, No. 466, § 1; A.S.A. 1947, § 5-810.