Ark. Code Ann. § 25-16-513 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-513
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1276,§ 5, eff. 8/16/2013. Rev. Stat., ch. 18, § 8; Acts 1853, § 1, p. 127; 1877, No. 29, § 1, p. 25; 1881, No. 97, § 1, p. 193; C. & M. Dig., §§ 4452-4454; Pope's Dig., §§ 5487-5489; A.S.A. 1947, §§ 12-302, 12-511 -- 12-513; Acts 2009, No. 962, § 47.

Repealed by Act 2013, No. 1276,§ 5, eff. 8/16/2013.

Rev. Stat., ch. 18, § 8; Acts 1853, § 1, p. 127; 1877, No. 29, § 1, p. 25; 1881, No. 97, § 1, p. 193; C. & M. Dig., §§ 4452-4454; Pope's Dig., §§ 5487-5489; A.S.A. 1947, §§ 12-302, 12-511 -- 12-513; Acts 2009, No. 962, § 47.
Ark. Code Ann. § 25-1-701 — AR Code / Title 25 / Chapter 1 / Subchapter 7 / Section 25-1-701
Legislative intent
Status: in_force

The General Assembly finds that: (1) It is the duty of the General Assembly to make determinations regarding the use of state personnel and state resources; (2) Making determinations about how state personnel and state resources shall be used is a function of the General Assembly; (3) The citizens of Arkansas have elected the members of the General Assembly to exercise the ability to make political determinations regarding the resources of the state; and (4) A determination or action taken under this subchapter is not a judicial determination or action. Added by Act 2021, No. 608,§ 2, eff. 7/28/2021.

The General Assembly finds that:

(1) It is the duty of the General Assembly to make determinations regarding the use of state personnel and state resources;

(2) Making determinations about how state personnel and state resources shall be used is a function of the General Assembly;

(3) The citizens of Arkansas have elected the members of the General Assembly to exercise the ability to make political determinations regarding the resources of the state; and

(4) A determination or action taken under this subchapter is not a judicial determination or action.

Added by Act 2021, No. 608,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-20-413 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-413
Zoning exemption
Status: in_force

Any authority maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land or upon lands immediately adjacent thereto without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of an electric project. Acts 2003, No. 366, § 1.

Any authority maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land or upon lands immediately adjacent thereto without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of an electric project.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-18-204 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-204
Journals of legislative proceedings
Status: in_force

Whenever any journal of the proceedings of the House of Representatives and Senate for any regular or extraordinary session of those bodies, or either of them, is authorized to be published by any enactment of the General Assembly, publication shall be made and the published journal shall be released for distribution within six (6) months of the date of adjournment of those bodies at any session of the General Assembly. Acts 1949, No. 141, § 1; A.S.A. 1947, § 14-439.

Whenever any journal of the proceedings of the House of Representatives and Senate for any regular or extraordinary session of those bodies, or either of them, is authorized to be published by any enactment of the General Assembly, publication shall be made and the published journal shall be released for distribution within six (6) months of the date of adjournment of those bodies at any session of the General Assembly.

Acts 1949, No. 141, § 1; A.S.A. 1947, § 14-439.
Ark. Code Ann. § 25-24-101 — AR Code / Title 25 / Chapter 24 / Section 25-24-101
Creation - Members
Status: in_force

(a) There is hereby created a commission to be known as the "Martin Luther King, Jr. Commission". (b) The commission shall consist of thirteen (13) members as follows: (1) (A) Five (5) members appointed by the Governor. (B) The Governor shall appoint one (1) member from each congressional district; (2) (A) Four (4) members appointed by the President Pro Tempore of the Senate. (B) The President Pro Tempore of the Senate shall appoint one (1) member from each congressional district; and (3) (A) Four (4) members appointed by the Speaker of the House of Representatives. (B) The Speaker of the House of Representatives shall appoint one (1) member from each congressional district. (c) (1) Of the initial appointments by the Governor: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) Two (2) members shall serve terms of four (4) years; (2) Of the initial appointments by the President Pro Tempore of the Senate: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years. (3) Of the initial appointments by the Speaker of the House of Representatives: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years. (4) The appointing authority shall determine the lengths of terms of his or her initial appointees. (5) Except as provided in subsection (e) of this section, all succeeding appointments shall be for terms of four (4) years. (6) The Governor shall select annually a chair from the membership of the commission. (d) (1) Except as provided in subdivision (d)(2) of this section, no member of the commission subject to a term limit shall serve more than two (2) terms. (2) Upon the conclusion of his or her initial appointment, an initial appointee to the commission subject to a term limit shall serve no more than two (2) additional terms. (e) Vacancies in the membership of the commission shall be filled for the balance of the unexpired term by the appointing authority. (f) (1) Members of the commission shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal. (2) "Good cause" means the same as defined in § 25-16-804 . (g) A majority of the commission shall constitute a quorum for the transaction of business. (h) Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. Acts 1993, No. 1216, § 1; 1997, No. 250, § 242; 1997, No. 968, § 1; 2001, No. 1288, § 24; 2009, No. 309, § 1.

(a) There is hereby created a commission to be known as the "Martin Luther King, Jr. Commission".

(b) The commission shall consist of thirteen (13) members as follows: (1) (A) Five (5) members appointed by the Governor. (B) The Governor shall appoint one (1) member from each congressional district; (2) (A) Four (4) members appointed by the President Pro Tempore of the Senate. (B) The President Pro Tempore of the Senate shall appoint one (1) member from each congressional district; and (3) (A) Four (4) members appointed by the Speaker of the House of Representatives. (B) The Speaker of the House of Representatives shall appoint one (1) member from each congressional district.

(1) (A) Five (5) members appointed by the Governor. (B) The Governor shall appoint one (1) member from each congressional district;

(A) Five (5) members appointed by the Governor.

(B) The Governor shall appoint one (1) member from each congressional district;

(2) (A) Four (4) members appointed by the President Pro Tempore of the Senate. (B) The President Pro Tempore of the Senate shall appoint one (1) member from each congressional district; and

(A) Four (4) members appointed by the President Pro Tempore of the Senate.

(B) The President Pro Tempore of the Senate shall appoint one (1) member from each congressional district; and

(3) (A) Four (4) members appointed by the Speaker of the House of Representatives. (B) The Speaker of the House of Representatives shall appoint one (1) member from each congressional district.

(A) Four (4) members appointed by the Speaker of the House of Representatives.

(B) The Speaker of the House of Representatives shall appoint one (1) member from each congressional district.

(c) (1) Of the initial appointments by the Governor: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) Two (2) members shall serve terms of four (4) years; (2) Of the initial appointments by the President Pro Tempore of the Senate: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years. (3) Of the initial appointments by the Speaker of the House of Representatives: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years. (4) The appointing authority shall determine the lengths of terms of his or her initial appointees. (5) Except as provided in subsection (e) of this section, all succeeding appointments shall be for terms of four (4) years. (6) The Governor shall select annually a chair from the membership of the commission.

(1) Of the initial appointments by the Governor: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) Two (2) members shall serve terms of four (4) years;

(A) One (1) member shall serve a term of one (1) year;

(B) One (1) member shall serve a term of two (2) years;

(C) One (1) member shall serve a term of three (3) years; and

(D) Two (2) members shall serve terms of four (4) years;

(2) Of the initial appointments by the President Pro Tempore of the Senate: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years.

(A) One (1) member shall serve a term of one (1) year;

(B) One (1) member shall serve a term of two (2) years;

(C) One (1) member shall serve a term of three (3) years; and

(D) One (1) member shall serve a term of four (4) years.

(3) Of the initial appointments by the Speaker of the House of Representatives: (A) One (1) member shall serve a term of one (1) year; (B) One (1) member shall serve a term of two (2) years; (C) One (1) member shall serve a term of three (3) years; and (D) One (1) member shall serve a term of four (4) years.

(A) One (1) member shall serve a term of one (1) year;

(B) One (1) member shall serve a term of two (2) years;

(C) One (1) member shall serve a term of three (3) years; and

(D) One (1) member shall serve a term of four (4) years.

(4) The appointing authority shall determine the lengths of terms of his or her initial appointees.

(5) Except as provided in subsection (e) of this section, all succeeding appointments shall be for terms of four (4) years.

(6) The Governor shall select annually a chair from the membership of the commission.

(d) (1) Except as provided in subdivision (d)(2) of this section, no member of the commission subject to a term limit shall serve more than two (2) terms. (2) Upon the conclusion of his or her initial appointment, an initial appointee to the commission subject to a term limit shall serve no more than two (2) additional terms.

(1) Except as provided in subdivision (d)(2) of this section, no member of the commission subject to a term limit shall serve more than two (2) terms.

(2) Upon the conclusion of his or her initial appointment, an initial appointee to the commission subject to a term limit shall serve no more than two (2) additional terms.

(e) Vacancies in the membership of the commission shall be filled for the balance of the unexpired term by the appointing authority.

(f) (1) Members of the commission shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal. (2) "Good cause" means the same as defined in § 25-16-804 .

(1) Members of the commission shall be subject to removal from office by the appointing authority when the actions or condition of a member shall be considered as good cause for removal.

(2) "Good cause" means the same as defined in § 25-16-804 .

(g) A majority of the commission shall constitute a quorum for the transaction of business.

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

Acts 1993, No. 1216, § 1; 1997, No. 250, § 242; 1997, No. 968, § 1; 2001, No. 1288, § 24; 2009, No. 309, § 1.
Ark. Code Ann. § 25-16-708 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-708
Appointment of special counsel to collect moneys due state
Status: in_force

(a) When there is past due and unpaid any special license fee, franchise tax, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be in the best interest of the state to do so, the Attorney General may appoint special counsel to take any steps necessary for the collection of all those sums that are due and unpaid. (b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered. (c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made. (d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement. (e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General. (f) This section shall not be so construed as to repeal § 22-5-401 . Amended by Act 2021, No. 523,§ 13, eff. 4/1/2021. Amended by Act 2019, No. 819,§ 14, eff. 5/1/2021. Acts 1923, No. 157, §§ 1-6; Pope's Dig., §§ 5593-5598; A.S.A. 1947, §§ 12-719 -- 12-724.

(a) When there is past due and unpaid any special license fee, franchise tax, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be in the best interest of the state to do so, the Attorney General may appoint special counsel to take any steps necessary for the collection of all those sums that are due and unpaid.

(b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered.

(c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made.

(d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement.

(e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General.

(f) This section shall not be so construed as to repeal § 22-5-401 .

Amended by Act 2021, No. 523,§ 13, eff. 4/1/2021.

Amended by Act 2019, No. 819,§ 14, eff. 5/1/2021.

Acts 1923, No. 157, §§ 1-6; Pope's Dig., §§ 5593-5598; A.S.A. 1947, §§ 12-719 -- 12-724.
Ark. Code Ann. § 25-29-107 — AR Code / Title 25 / Chapter 29 / Section 25-29-107
Annual audit
Status: in_force

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be audited annually in accordance with generally accepted accounting procedures and file a copy of the audit with the Legislative Joint Auditing Committee and the Arkansas Public Service Commission. Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021. Acts 1997, No. 1080, § 7.

The Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be audited annually in accordance with generally accepted accounting procedures and file a copy of the audit with the Legislative Joint Auditing Committee and the Arkansas Public Service Commission.

Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.

Acts 1997, No. 1080, § 7.
Ark. Code Ann. § 25-17-304 — AR Code / Title 25 / Chapter 17 / Subchapter 3 / Section 25-17-304
Appointment and removal of institutional law enforcement officers
Status: in_force

(a) The executive heads of each of the educational, charitable, correctional, penal, and other institutions owned and operated by the State of Arkansas, including the Secretary of the Department of Parks, Heritage, and Tourism and the executive head of the Arkansas Forestry Commission, are authorized to designate and appoint one (1) or more of the employees of the institutions and department, respectively, as an institutional law enforcement officer or officers for the institution or at a state park, or any separate portion of the institution or park, who shall exercise law enforcement officer authority under the laws of this state. (b) These institutional law enforcement officers shall: (1) Have all the powers provided by law for city police and county sheriffs to be exercised as required for the protection of the respective state institutions and state parks, together with any other duties which may be assigned by the employing institution or department; and (2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any institution or department requirements. (c) (1) The present jurisdictional powers or responsibility of the county sheriffs or city police over the land or property of institutions or persons on the land shall not be ceded to the law enforcement officers of state institutions. (2) The appointment or designation of institutional law enforcement officers does not supersede in any way the authority of the Division of Arkansas State Police or the county sheriffs or that of the law enforcement officers of the jurisdiction within which the institution or portions of it are located. (d) (1) Institutional law enforcement officers shall be identified by a shield or badge bearing the name of the state institution. (2) The institution shall issue an identification card bearing the photograph of the institutional law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request. (e) (1) An institutional law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the institution. (2) The executive head of the institution and the executive head of the department or their designees shall maintain a file containing each institutional law enforcement officer's authorization certificate, the certificate of appointment, and all other certificates and information consistent with the rules of the Arkansas Commission on Law Enforcement Standards and Training. (3) (A) The executive head of the state institution or the department shall have the authority to remove an employee from the execution of those designated duties, including the authority to revoke in writing the authorization to serve as an institutional law enforcement officer for the institution or department. (B) Upon termination of that authority, the person shall no longer possess or exercise the authority of an institutional law enforcement officer. (C) A copy of all revocations shall be placed in the file described in subdivision (e)(2) of this section. (D) The Division of Law Enforcement Standards and Training shall be notified of any change in an institutional law enforcement officer's status. Amended by Act 2019, No. 315,§ 2926, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6037, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6036, eff. 7/1/2019. Acts 1967, No. 328, §§ 1, 8; 1971, No. 325, § 1; 1981, No. 805, § 1; A.S.A. 1947, §§ 7-112, 7-119; Acts 2007, No. 498, § 2; 2009, No. 549, § 4; 2009, No. 1198, § 1.

(a) The executive heads of each of the educational, charitable, correctional, penal, and other institutions owned and operated by the State of Arkansas, including the Secretary of the Department of Parks, Heritage, and Tourism and the executive head of the Arkansas Forestry Commission, are authorized to designate and appoint one (1) or more of the employees of the institutions and department, respectively, as an institutional law enforcement officer or officers for the institution or at a state park, or any separate portion of the institution or park, who shall exercise law enforcement officer authority under the laws of this state.

(b) These institutional law enforcement officers shall: (1) Have all the powers provided by law for city police and county sheriffs to be exercised as required for the protection of the respective state institutions and state parks, together with any other duties which may be assigned by the employing institution or department; and (2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any institution or department requirements.

(1) Have all the powers provided by law for city police and county sheriffs to be exercised as required for the protection of the respective state institutions and state parks, together with any other duties which may be assigned by the employing institution or department; and

(2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any institution or department requirements.

(c) (1) The present jurisdictional powers or responsibility of the county sheriffs or city police over the land or property of institutions or persons on the land shall not be ceded to the law enforcement officers of state institutions. (2) The appointment or designation of institutional law enforcement officers does not supersede in any way the authority of the Division of Arkansas State Police or the county sheriffs or that of the law enforcement officers of the jurisdiction within which the institution or portions of it are located.

(1) The present jurisdictional powers or responsibility of the county sheriffs or city police over the land or property of institutions or persons on the land shall not be ceded to the law enforcement officers of state institutions.

(2) The appointment or designation of institutional law enforcement officers does not supersede in any way the authority of the Division of Arkansas State Police or the county sheriffs or that of the law enforcement officers of the jurisdiction within which the institution or portions of it are located.

(d) (1) Institutional law enforcement officers shall be identified by a shield or badge bearing the name of the state institution. (2) The institution shall issue an identification card bearing the photograph of the institutional law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request.

(1) Institutional law enforcement officers shall be identified by a shield or badge bearing the name of the state institution.

(2) The institution shall issue an identification card bearing the photograph of the institutional law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request.

(e) (1) An institutional law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the institution. (2) The executive head of the institution and the executive head of the department or their designees shall maintain a file containing each institutional law enforcement officer's authorization certificate, the certificate of appointment, and all other certificates and information consistent with the rules of the Arkansas Commission on Law Enforcement Standards and Training. (3) (A) The executive head of the state institution or the department shall have the authority to remove an employee from the execution of those designated duties, including the authority to revoke in writing the authorization to serve as an institutional law enforcement officer for the institution or department. (B) Upon termination of that authority, the person shall no longer possess or exercise the authority of an institutional law enforcement officer. (C) A copy of all revocations shall be placed in the file described in subdivision (e)(2) of this section. (D) The Division of Law Enforcement Standards and Training shall be notified of any change in an institutional law enforcement officer's status.

(1) An institutional law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the institution.

(2) The executive head of the institution and the executive head of the department or their designees shall maintain a file containing each institutional law enforcement officer's authorization certificate, the certificate of appointment, and all other certificates and information consistent with the rules of the Arkansas Commission on Law Enforcement Standards and Training.

(3) (A) The executive head of the state institution or the department shall have the authority to remove an employee from the execution of those designated duties, including the authority to revoke in writing the authorization to serve as an institutional law enforcement officer for the institution or department. (B) Upon termination of that authority, the person shall no longer possess or exercise the authority of an institutional law enforcement officer. (C) A copy of all revocations shall be placed in the file described in subdivision (e)(2) of this section. (D) The Division of Law Enforcement Standards and Training shall be notified of any change in an institutional law enforcement officer's status.

(A) The executive head of the state institution or the department shall have the authority to remove an employee from the execution of those designated duties, including the authority to revoke in writing the authorization to serve as an institutional law enforcement officer for the institution or department.

(B) Upon termination of that authority, the person shall no longer possess or exercise the authority of an institutional law enforcement officer.

(C) A copy of all revocations shall be placed in the file described in subdivision (e)(2) of this section.

(D) The Division of Law Enforcement Standards and Training shall be notified of any change in an institutional law enforcement officer's status.

Amended by Act 2019, No. 315,§ 2926, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6037, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6036, eff. 7/1/2019.

Acts 1967, No. 328, §§ 1, 8; 1971, No. 325, § 1; 1981, No. 805, § 1; A.S.A. 1947, §§ 7-112, 7-119; Acts 2007, No. 498, § 2; 2009, No. 549, § 4; 2009, No. 1198, § 1.
Ark. Code Ann. § 25-20-409 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-409
Lien in favor of bond holders
Status: in_force

(a) The payment of the principal of bonds issued under this subchapter and the interest on the bonds may be secured by a lien on and security interest in an electric project or any specified portion of an electric project. (b) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security. (c) Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this subchapter may enforce either at law or in equity the mortgage lien and may compel by proper suit the performance of the duties of the officers of the issuing authority set forth in this subchapter. (d) If default occurs in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the electric project or the specified portion of the electric project pledged to the payment of the bonds on behalf of the authority, with the power to: (1) Charge and collect rates sufficient to provide for the payment of the: (A) Bonds and the interest on the bonds; and (B) Operating expenses of the electric project; and (2) Apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds. Acts 2003, No. 366, § 1.

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

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

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

(d) If default occurs in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the electric project or the specified portion of the electric project pledged to the payment of the bonds on behalf of the authority, with the power to: (1) Charge and collect rates sufficient to provide for the payment of the: (A) Bonds and the interest on the bonds; and (B) Operating expenses of the electric project; and (2) Apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.

(1) Charge and collect rates sufficient to provide for the payment of the: (A) Bonds and the interest on the bonds; and (B) Operating expenses of the electric project; and

(A) Bonds and the interest on the bonds; and

(B) Operating expenses of the electric project; and

(2) Apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-43-1301 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1301
Department of Parks, Heritage, and Tourism
Status: in_force

There is created the Department of Parks, Heritage, and Tourism as a cabinet-level department. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

There is created the Department of Parks, Heritage, and Tourism as a cabinet-level department.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-1-205 — AR Code / Title 25 / Chapter 1 / Subchapter 2 / Section 25-1-205
Copies to be filed with Legislative Council
Status: in_force

(a) A state agency which publishes or distributes a state publication shall file an electronic copy of a publication with the Legislative Council if the state agency has published or distributed more than one thousand (1,000) copies of the publication in the preceding calendar year. (b) This section shall not apply to: (1) Copies of legislative bills; (2) Copies of statutes, laws, and rules; (3) Information disseminated solely to the press; (4) Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy; (5) Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism; (6) Publications of the Division of Agriculture of the University of Arkansas; and (7) Marketing and promotional information published by the Arkansas Economic Development Commission. Amended by Act 2023, No. 124,§ 25, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2908, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2907, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5701, eff. 7/1/2019. Amended by Act 2013, No. 501,§ 8, eff. 8/16/2013. Acts 1999, No. 1276, § 5.

(a) A state agency which publishes or distributes a state publication shall file an electronic copy of a publication with the Legislative Council if the state agency has published or distributed more than one thousand (1,000) copies of the publication in the preceding calendar year.

(b) This section shall not apply to: (1) Copies of legislative bills; (2) Copies of statutes, laws, and rules; (3) Information disseminated solely to the press; (4) Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy; (5) Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism; (6) Publications of the Division of Agriculture of the University of Arkansas; and (7) Marketing and promotional information published by the Arkansas Economic Development Commission.

(1) Copies of legislative bills;

(2) Copies of statutes, laws, and rules;

(3) Information disseminated solely to the press;

(4) Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy;

(5) Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism;

(6) Publications of the Division of Agriculture of the University of Arkansas; and

(7) Marketing and promotional information published by the Arkansas Economic Development Commission.

Amended by Act 2023, No. 124,§ 25, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2908, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2907, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5701, eff. 7/1/2019.

Amended by Act 2013, No. 501,§ 8, eff. 8/16/2013.

Acts 1999, No. 1276, § 5.
Ark. Code Ann. § 25-10-110 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-110
Institutional services generally - Charges
Status: in_force

(a) It is found and determined by the General Assembly that under existing law most institutions in the Department of Human Services engaged in providing services to members of the general public seek recovery of the costs of providing those services on the basis of the average per capita cost. It is further found and determined that these methods of charging costs result in significant revenue losses to the state and do not allow the recovery of the actual costs of providing the services. (b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the Division of Youth Services, and the Division of Developmental Disabilities Services are permitted to charge for institutional services provided to members of the public on an actual cost basis rather than on a per capita or other basis. Amended by Act 2023, No. 182,§ 15, eff. 8/1/2023. Amended by Act 2017, No. 913,§ 122, eff. 8/1/2017. Acts 1975, No. 340, §§ 1, 2; A.S.A. 1947, §§ 5-912.2, 5-912.2n.

(a) It is found and determined by the General Assembly that under existing law most institutions in the Department of Human Services engaged in providing services to members of the general public seek recovery of the costs of providing those services on the basis of the average per capita cost. It is further found and determined that these methods of charging costs result in significant revenue losses to the state and do not allow the recovery of the actual costs of providing the services.

(b) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the Division of Youth Services, and the Division of Developmental Disabilities Services are permitted to charge for institutional services provided to members of the public on an actual cost basis rather than on a per capita or other basis.

Amended by Act 2023, No. 182,§ 15, eff. 8/1/2023.

Amended by Act 2017, No. 913,§ 122, eff. 8/1/2017.

Acts 1975, No. 340, §§ 1, 2; A.S.A. 1947, §§ 5-912.2, 5-912.2n.
Ark. Code Ann. § 25-15-213 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-213
Hearings generally
Status: in_force

In every case of adjudication, and in cases of rule making in which rules are required by law to be made on the record after opportunity for an agency hearing, and in cases of rule making in which, pursuant to § 25-15-204(a)(2) , the agency shall direct that oral testimony be taken or a hearing held: (1) Any person compelled to appear before any agency or representative thereof shall have the right to be accompanied and advised by counsel. Every party shall have the right to appear in person or by counsel; (2) (A) There shall preside at the hearing: (i) The agency; (ii) One (1) or more members of the agency; or (iii) One (1) or more examiners or referees designated by the agency. (B) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. (C) Any party may file an affidavit of personal bias or disqualification. The affidavit shall be ruled on by the agency and granted if timely, sufficient, and filed in good faith; (3) (A) Presiding officers shall have power, pursuant to published procedural rules of the agency: (i) To issue subpoenas if the agency is authorized by law to issue them; (ii) To administer oaths and affirmations; (iii) To maintain order; (iv) To rule upon all questions arising during the course of a hearing or proceeding; (v) To permit discovery by deposition or otherwise; (vi) To hold conferences for the settlement or simplification of issues; (vii) To make or recommend decisions; and (viii) Generally to regulate and guide the course of the pending proceeding. (B) In any proceeding before any agency, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of an agency contained in its decision rendered after hearing, the agency or the presiding officer of the agency hearing may apply to the circuit court of the county where the proceedings were held or are being held or to the circuit court of the county where a petition for judicial review was filed for an order directing that person to take the requisite action or to otherwise comply with the order of the agency. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt; (4) Except as otherwise provided by law, the proponent of a rule or order shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form; (5) Parties shall have the right to conduct such cross examination as may be required for a full and true disclosure of the facts; and (6) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show the contrary. Acts 1967, No. 434, § 9; 1969, No. 82, § 1; A.S.A. 1947, § 5-709; Acts 2001, No. 1648, § 6.

In every case of adjudication, and in cases of rule making in which rules are required by law to be made on the record after opportunity for an agency hearing, and in cases of rule making in which, pursuant to § 25-15-204(a)(2) , the agency shall direct that oral testimony be taken or a hearing held:

(1) Any person compelled to appear before any agency or representative thereof shall have the right to be accompanied and advised by counsel. Every party shall have the right to appear in person or by counsel;

(2) (A) There shall preside at the hearing: (i) The agency; (ii) One (1) or more members of the agency; or (iii) One (1) or more examiners or referees designated by the agency. (B) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. (C) Any party may file an affidavit of personal bias or disqualification. The affidavit shall be ruled on by the agency and granted if timely, sufficient, and filed in good faith;

(A) There shall preside at the hearing: (i) The agency; (ii) One (1) or more members of the agency; or (iii) One (1) or more examiners or referees designated by the agency.

(i) The agency;

(ii) One (1) or more members of the agency; or

(iii) One (1) or more examiners or referees designated by the agency.

(B) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified.

(C) Any party may file an affidavit of personal bias or disqualification. The affidavit shall be ruled on by the agency and granted if timely, sufficient, and filed in good faith;

(3) (A) Presiding officers shall have power, pursuant to published procedural rules of the agency: (i) To issue subpoenas if the agency is authorized by law to issue them; (ii) To administer oaths and affirmations; (iii) To maintain order; (iv) To rule upon all questions arising during the course of a hearing or proceeding; (v) To permit discovery by deposition or otherwise; (vi) To hold conferences for the settlement or simplification of issues; (vii) To make or recommend decisions; and (viii) Generally to regulate and guide the course of the pending proceeding. (B) In any proceeding before any agency, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of an agency contained in its decision rendered after hearing, the agency or the presiding officer of the agency hearing may apply to the circuit court of the county where the proceedings were held or are being held or to the circuit court of the county where a petition for judicial review was filed for an order directing that person to take the requisite action or to otherwise comply with the order of the agency. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt;

(A) Presiding officers shall have power, pursuant to published procedural rules of the agency: (i) To issue subpoenas if the agency is authorized by law to issue them; (ii) To administer oaths and affirmations; (iii) To maintain order; (iv) To rule upon all questions arising during the course of a hearing or proceeding; (v) To permit discovery by deposition or otherwise; (vi) To hold conferences for the settlement or simplification of issues; (vii) To make or recommend decisions; and (viii) Generally to regulate and guide the course of the pending proceeding.

(i) To issue subpoenas if the agency is authorized by law to issue them;

(ii) To administer oaths and affirmations;

(iii) To maintain order;

(iv) To rule upon all questions arising during the course of a hearing or proceeding;

(v) To permit discovery by deposition or otherwise;

(vi) To hold conferences for the settlement or simplification of issues;

(vii) To make or recommend decisions; and

(viii) Generally to regulate and guide the course of the pending proceeding.

(B) In any proceeding before any agency, if any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or refuses to obey any lawful order of an agency contained in its decision rendered after hearing, the agency or the presiding officer of the agency hearing may apply to the circuit court of the county where the proceedings were held or are being held or to the circuit court of the county where a petition for judicial review was filed for an order directing that person to take the requisite action or to otherwise comply with the order of the agency. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt;

(4) Except as otherwise provided by law, the proponent of a rule or order shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form;

(5) Parties shall have the right to conduct such cross examination as may be required for a full and true disclosure of the facts; and

(6) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show the contrary.

Acts 1967, No. 434, § 9; 1969, No. 82, § 1; A.S.A. 1947, § 5-709; Acts 2001, No. 1648, § 6.
Ark. Code Ann. § 25-4-110 — AR Code / Title 25 / Chapter 4 / Section 25-4-110
Information technology - Planning
Status: in_force

(a) The Division of Information Systems shall submit status reports annually or when requested to the Joint Committee on Advanced Communications and Information Technology. (b) (1) Each state agency shall develop a biennial information technology plan that establishes state agency goals, objectives, and policies regarding the development and use of information technology. (2) (A) Each state agency shall specifically include a policy regarding the use of the internet. (B) A statement of the agency's policy regarding the use of the internet shall include: (i) The penalties for violations of the agency's internet policy; (ii) The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers; (iii) The needs of the agency and how those needs relate to the use of the internet; and (iv) The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet. (3) Plans may be updated by agencies in a timely manner to remain current and must accommodate changes in the evolving state information technology plan and standards. (c) The division shall distribute criteria, elements, form, and format for agency plans. Plans may include, but not be limited to, the following: (1) A statement of the agency's mission, goals, and objectives for information technology; (2) Goals and objectives for achieving electronic access to agency records, information, and services; (3) Consideration of a variety of information technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users, and disabilities; (4) Compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) An explanation of how the state agency's mission, goals, and objectives for information technology support and conform to the state information technology plan developed by the division; (6) An implementation strategy to include: (A) Annual implementation objectives of the plan; (B) Methods to educate both state employees and the public in the effective use of access technologies; and (C) Agency activities to increase electronic access to public records and information to be implemented within available resources and existing state agency planning processes; (7) Projects and resources required to meet the objectives of the plan; (8) Estimated schedules and funding required to implement identified projects; (9) An evaluation of the agency's performance relating to information technology; (10) An assessment of progress made toward implementing the agency information technology plan; (11) A discussion of progress toward electronic access to public information and enabling citizens to have two-way interaction for obtaining information and services from state agencies; and (12) An inventory of state agency information technology. (d) (1) Plans developed or updated shall be submitted to the division. (2) The division may reject, require modification to, or approve plans as deemed appropriate. (3) Plans shall be modified by the state agency as necessary. (e) (1) Plans developed or updated by public instrumentalities shall be submitted for review to the Joint Committee on Advanced Communications and Information Technology. (2) The Joint Committee on Advanced Communications and Information Technology may seek the assistance of the division in conducting this review. (3) Plans shall be modified by the public instrumentality as necessary. Amended by Act 2019, No. 910,§ 6275, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6274, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6273, eff. 7/1/2019. Acts 1977, No. 884, § 9; A.S.A. 1947, § 5-1409; Acts 1997, No. 914, § 10; 2001, No. 1287, § 1; 2001, No. 1722, § 7; 2007, No. 751, § 17; 2009, No. 648, § 6.

(a) The Division of Information Systems shall submit status reports annually or when requested to the Joint Committee on Advanced Communications and Information Technology.

(b) (1) Each state agency shall develop a biennial information technology plan that establishes state agency goals, objectives, and policies regarding the development and use of information technology. (2) (A) Each state agency shall specifically include a policy regarding the use of the internet. (B) A statement of the agency's policy regarding the use of the internet shall include: (i) The penalties for violations of the agency's internet policy; (ii) The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers; (iii) The needs of the agency and how those needs relate to the use of the internet; and (iv) The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet. (3) Plans may be updated by agencies in a timely manner to remain current and must accommodate changes in the evolving state information technology plan and standards.

(1) Each state agency shall develop a biennial information technology plan that establishes state agency goals, objectives, and policies regarding the development and use of information technology.

(2) (A) Each state agency shall specifically include a policy regarding the use of the internet. (B) A statement of the agency's policy regarding the use of the internet shall include: (i) The penalties for violations of the agency's internet policy; (ii) The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers; (iii) The needs of the agency and how those needs relate to the use of the internet; and (iv) The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet.

(A) Each state agency shall specifically include a policy regarding the use of the internet.

(B) A statement of the agency's policy regarding the use of the internet shall include: (i) The penalties for violations of the agency's internet policy; (ii) The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers; (iii) The needs of the agency and how those needs relate to the use of the internet; and (iv) The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet.

(i) The penalties for violations of the agency's internet policy;

(ii) The number of employees and computers that have access to the internet and the percentage of those employees and computers to the total number of employees and computers;

(iii) The needs of the agency and how those needs relate to the use of the internet; and

(iv) The responsibilities of the agency's employees as those responsibilities relate to the efficient and responsible use of the internet.

(3) Plans may be updated by agencies in a timely manner to remain current and must accommodate changes in the evolving state information technology plan and standards.

(c) The division shall distribute criteria, elements, form, and format for agency plans. Plans may include, but not be limited to, the following: (1) A statement of the agency's mission, goals, and objectives for information technology; (2) Goals and objectives for achieving electronic access to agency records, information, and services; (3) Consideration of a variety of information technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users, and disabilities; (4) Compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) An explanation of how the state agency's mission, goals, and objectives for information technology support and conform to the state information technology plan developed by the division; (6) An implementation strategy to include: (A) Annual implementation objectives of the plan; (B) Methods to educate both state employees and the public in the effective use of access technologies; and (C) Agency activities to increase electronic access to public records and information to be implemented within available resources and existing state agency planning processes; (7) Projects and resources required to meet the objectives of the plan; (8) Estimated schedules and funding required to implement identified projects; (9) An evaluation of the agency's performance relating to information technology; (10) An assessment of progress made toward implementing the agency information technology plan; (11) A discussion of progress toward electronic access to public information and enabling citizens to have two-way interaction for obtaining information and services from state agencies; and (12) An inventory of state agency information technology.

(1) A statement of the agency's mission, goals, and objectives for information technology;

(2) Goals and objectives for achieving electronic access to agency records, information, and services;

(3) Consideration of a variety of information technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users, and disabilities;

(4) Compliance with the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(5) An explanation of how the state agency's mission, goals, and objectives for information technology support and conform to the state information technology plan developed by the division;

(6) An implementation strategy to include: (A) Annual implementation objectives of the plan; (B) Methods to educate both state employees and the public in the effective use of access technologies; and (C) Agency activities to increase electronic access to public records and information to be implemented within available resources and existing state agency planning processes;

(A) Annual implementation objectives of the plan;

(B) Methods to educate both state employees and the public in the effective use of access technologies; and

(C) Agency activities to increase electronic access to public records and information to be implemented within available resources and existing state agency planning processes;

(7) Projects and resources required to meet the objectives of the plan;

(8) Estimated schedules and funding required to implement identified projects;

(9) An evaluation of the agency's performance relating to information technology;

(10) An assessment of progress made toward implementing the agency information technology plan;

(11) A discussion of progress toward electronic access to public information and enabling citizens to have two-way interaction for obtaining information and services from state agencies; and

(12) An inventory of state agency information technology.

(d) (1) Plans developed or updated shall be submitted to the division. (2) The division may reject, require modification to, or approve plans as deemed appropriate. (3) Plans shall be modified by the state agency as necessary.

(1) Plans developed or updated shall be submitted to the division.

(2) The division may reject, require modification to, or approve plans as deemed appropriate.

(3) Plans shall be modified by the state agency as necessary.

(e) (1) Plans developed or updated by public instrumentalities shall be submitted for review to the Joint Committee on Advanced Communications and Information Technology. (2) The Joint Committee on Advanced Communications and Information Technology may seek the assistance of the division in conducting this review. (3) Plans shall be modified by the public instrumentality as necessary.

(1) Plans developed or updated by public instrumentalities shall be submitted for review to the Joint Committee on Advanced Communications and Information Technology.

(2) The Joint Committee on Advanced Communications and Information Technology may seek the assistance of the division in conducting this review.

(3) Plans shall be modified by the public instrumentality as necessary.

Amended by Act 2019, No. 910,§ 6275, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6274, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6273, eff. 7/1/2019.

Acts 1977, No. 884, § 9; A.S.A. 1947, § 5-1409; Acts 1997, No. 914, § 10; 2001, No. 1287, § 1; 2001, No. 1722, § 7; 2007, No. 751, § 17; 2009, No. 648, § 6.
Ark. Code Ann. § 25-15-218 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-218
Code of Arkansas Rules
Status: in_force

(a) The Bureau of Legislative Research shall: (1) (A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules". (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) . (B) (i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1) . (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule. (C) (i) The bureau shall consult with an agency when codifying a rule of that agency. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose; (2) (A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules. (B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated. (C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section; (3) Communicate to agencies the uniform style, format, and numbering system; (4) (A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge. (B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules. (C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and (6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update. (b) Each agency shall draft its rules to comply with the uniform style, format, and numbering system developed by the bureau under subdivision (a)(2) of this section. (c) (1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule. (2) (A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical. (B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained. (3) Unless otherwise provided by law, all rules, portions of rules, and amendments to rules in effect and in the form in which they existed immediately preceding the effective date of the Code of Arkansas Rules are repealed upon the Code of Arkansas Rules becoming effective. (d) (1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section. (2) The bureau shall retain the copyright over the Code of Arkansas Rules. (e) (1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the: (A) Form and style of content that will be included in the Code of Arkansas Rules; and (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules. (2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202 . (f) (1) The bureau may make a technical correction to a rule codified in the Code of Arkansas Rules: (A) Pursuant to the request of an agency; or (B) (i) Upon the bureau's own initiative. (ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section. (2) Technical corrections under this subsection may include without limitation changes to: (A) A website address; (B) A physical address; (C) A phone number; and (D) Contact information. (3) When making a technical correction under this subsection, the bureau shall not change the substance or meaning of a rule. (g) The bureau may omit from codification in the Code of Arkansas Rules provisions within a rule that, in the judgment of the bureau, are inappropriate in the Code of Arkansas Rules, including without limitation: (1) Effective date clauses; (2) Authority clauses; and (3) Severability clauses. (h) (1) The classification and organization of the titles, subtitles, chapters, parts, subparts, subchapters, sections, subsections, and subdivisions of the Code of Arkansas Rules, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative or administrative construction shall be drawn from that classification or organization. (2) Unless otherwise provided in Arkansas law, title, chapter, subchapter, part, and subpart analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of the Code of Arkansas Rules, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the rule and shall in no manner limit or expand the construction of any portion of the rule. (3) All historical citations, annotations, and notes set out in the Code of Arkansas Rules are given for the purpose of convenient reference and do not constitute part of the rule. (i) (1) Except as otherwise specifically provided in Arkansas law, in the event any title, subtitle, chapter, part, subpart, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of the Code of Arkansas Rules is declared or adjudged to be invalid or unconstitutional, the declaration or adjudication shall not affect the remaining portions of the Code of Arkansas Rules, which shall remain in full force and effect as if the portion declared or adjudged invalid or unconstitutional was not originally a part of the Code of Arkansas Rules. (2) A rule is severable unless the rule specifically provides that it is not severable. Amended by Act 2023, No. 80,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 64,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 662,§ 5, eff. 7/24/2019. Acts 2003, No. 1478, § 3.

(a) The Bureau of Legislative Research shall: (1) (A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules". (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) . (B) (i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1) . (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule. (C) (i) The bureau shall consult with an agency when codifying a rule of that agency. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose; (2) (A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules. (B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated. (C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section; (3) Communicate to agencies the uniform style, format, and numbering system; (4) (A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge. (B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules. (C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and (6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update.

(1) (A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules". (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) . (B) (i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1) . (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule. (C) (i) The bureau shall consult with an agency when codifying a rule of that agency. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;

(A) (i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules". (ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) .

(i) Compile, format, and index a codification of the general and permanent rules of agencies to be known as the "Code of Arkansas Rules".

(ii) The bureau shall not include in the Code of Arkansas Rules an emergency rule promulgated under § 25-15-204(c) .

(B) (i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1) . (ii) The bureau shall not make any change in the substance or meaning of any provision of a rule.

(i) In carrying out the codification under subdivision (a)(1)(A)(i) of this section, the bureau shall have the same powers and duties related to the Code of Arkansas Rules as the Arkansas Code Revision Commission, Code Revisor, and bureau have related to the Arkansas Code of 1987 Annotated under § 1-2-303(d)(1) .

(ii) The bureau shall not make any change in the substance or meaning of any provision of a rule.

(C) (i) The bureau shall consult with an agency when codifying a rule of that agency. (ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;

(i) The bureau shall consult with an agency when codifying a rule of that agency.

(ii) An agency that objects to the form of the codification of a rule by the bureau may appeal the codification of the rule to the: (a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or (b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;

(a) Legislative Council or a subcommittee of the Legislative Council designated for that purpose; or

(b) If the General Assembly is in session, the Joint Budget Committee or a subcommittee of the Joint Budget Committee designated for that purpose;

(2) (A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules. (B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated. (C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section;

(A) Develop a uniform style, format, and numbering system for the rules in the Code of Arkansas Rules.

(B) The uniform style, format, and numbering system developed under subdivision (a)(2)(A) of this section shall conform as nearly as practical to the style of the Arkansas Code of 1987 Annotated.

(C) Rules included in the Code of Arkansas Rules shall be cited and referred to by the numbering system established under subdivision (a)(2)(A) of this section;

(3) Communicate to agencies the uniform style, format, and numbering system;

(4) (A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge. (B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules. (C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(A) Cause the Code of Arkansas Rules to be published as an online searchable database that is available for use by the general public at no charge.

(B) The online searchable database under subdivision (a)(4)(A) of this section shall: (i) Constitute the official version of the Code of Arkansas Rules; and (ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules.

(i) Constitute the official version of the Code of Arkansas Rules; and

(ii) Be prima facie evidence of the rules contained in the Code of Arkansas Rules.

(C) In no event shall the bureau be required to produce a print version of the Code of Arkansas Rules, including without limitation in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(5) Update the Code of Arkansas Rules at least monthly with the current version of each rule adopted by an agency; and

(6) Indicate in bold type on the webpage of the Code of Arkansas Rules the date of the latest update.

(b) Each agency shall draft its rules to comply with the uniform style, format, and numbering system developed by the bureau under subdivision (a)(2) of this section.

(c) (1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule. (2) (A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical. (B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained. (3) Unless otherwise provided by law, all rules, portions of rules, and amendments to rules in effect and in the form in which they existed immediately preceding the effective date of the Code of Arkansas Rules are repealed upon the Code of Arkansas Rules becoming effective.

(1) Except as provided in subdivision (c)(2) of this section, a rule that is not included in the Code of Arkansas Rules is not enforceable by the agency promulgating the rule.

(2) (A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical. (B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained.

(A) The bureau may omit from publication in the Code of Arkansas Rules any rule in which publication would be unduly cumbersome, expensive, or otherwise impractical.

(B) If a rule is omitted from publication under subdivision (c)(2)(A) of this section, the Code of Arkansas Rules shall indicate where and how a copy of the omitted rule may be obtained.

(3) Unless otherwise provided by law, all rules, portions of rules, and amendments to rules in effect and in the form in which they existed immediately preceding the effective date of the Code of Arkansas Rules are repealed upon the Code of Arkansas Rules becoming effective.

(d) (1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section. (2) The bureau shall retain the copyright over the Code of Arkansas Rules.

(1) The bureau may enter into a professional services contract to assist in carrying out the duties under this section.

(2) The bureau shall retain the copyright over the Code of Arkansas Rules.

(e) (1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the: (A) Form and style of content that will be included in the Code of Arkansas Rules; and (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules. (2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202 .

(1) The bureau may prepare guidance documents for agencies regarding matters necessary for the implementation of this section, including without limitation the: (A) Form and style of content that will be included in the Code of Arkansas Rules; and (B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules.

(A) Form and style of content that will be included in the Code of Arkansas Rules; and

(B) Submission of information to the bureau for inclusion in the Code of Arkansas Rules.

(2) A guidance document under subdivision (e)(1) of this section is not a rule under § 25-15-202 .

(f) (1) The bureau may make a technical correction to a rule codified in the Code of Arkansas Rules: (A) Pursuant to the request of an agency; or (B) (i) Upon the bureau's own initiative. (ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section. (2) Technical corrections under this subsection may include without limitation changes to: (A) A website address; (B) A physical address; (C) A phone number; and (D) Contact information. (3) When making a technical correction under this subsection, the bureau shall not change the substance or meaning of a rule.

(1) The bureau may make a technical correction to a rule codified in the Code of Arkansas Rules: (A) Pursuant to the request of an agency; or (B) (i) Upon the bureau's own initiative. (ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section.

(A) Pursuant to the request of an agency; or

(B) (i) Upon the bureau's own initiative. (ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section.

(i) Upon the bureau's own initiative.

(ii) (a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary. (b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section.

(a) Before making a technical correction under subdivision (f)(1)(B)(i) of this section, the bureau shall consult with the agency that promulgated the rule for which the correction is necessary.

(b) An agency that objects to a technical correction made by the bureau under subdivision (f)(1)(B)(i) of this section may appeal the technical correction in the same manner that an agency may appeal the form of a codification of a rule under subdivision (a)(1)(C)(ii) of this section.

(2) Technical corrections under this subsection may include without limitation changes to: (A) A website address; (B) A physical address; (C) A phone number; and (D) Contact information.

(A) A website address;

(B) A physical address;

(C) A phone number; and

(D) Contact information.

(3) When making a technical correction under this subsection, the bureau shall not change the substance or meaning of a rule.

(g) The bureau may omit from codification in the Code of Arkansas Rules provisions within a rule that, in the judgment of the bureau, are inappropriate in the Code of Arkansas Rules, including without limitation: (1) Effective date clauses; (2) Authority clauses; and (3) Severability clauses.

(1) Effective date clauses;

(2) Authority clauses; and

(3) Severability clauses.

(h) (1) The classification and organization of the titles, subtitles, chapters, parts, subparts, subchapters, sections, subsections, and subdivisions of the Code of Arkansas Rules, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative or administrative construction shall be drawn from that classification or organization. (2) Unless otherwise provided in Arkansas law, title, chapter, subchapter, part, and subpart analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of the Code of Arkansas Rules, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the rule and shall in no manner limit or expand the construction of any portion of the rule. (3) All historical citations, annotations, and notes set out in the Code of Arkansas Rules are given for the purpose of convenient reference and do not constitute part of the rule.

(1) The classification and organization of the titles, subtitles, chapters, parts, subparts, subchapters, sections, subsections, and subdivisions of the Code of Arkansas Rules, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative or administrative construction shall be drawn from that classification or organization.

(2) Unless otherwise provided in Arkansas law, title, chapter, subchapter, part, and subpart analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of the Code of Arkansas Rules, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the rule and shall in no manner limit or expand the construction of any portion of the rule.

(3) All historical citations, annotations, and notes set out in the Code of Arkansas Rules are given for the purpose of convenient reference and do not constitute part of the rule.

(i) (1) Except as otherwise specifically provided in Arkansas law, in the event any title, subtitle, chapter, part, subpart, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of the Code of Arkansas Rules is declared or adjudged to be invalid or unconstitutional, the declaration or adjudication shall not affect the remaining portions of the Code of Arkansas Rules, which shall remain in full force and effect as if the portion declared or adjudged invalid or unconstitutional was not originally a part of the Code of Arkansas Rules. (2) A rule is severable unless the rule specifically provides that it is not severable.

(1) Except as otherwise specifically provided in Arkansas law, in the event any title, subtitle, chapter, part, subpart, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of the Code of Arkansas Rules is declared or adjudged to be invalid or unconstitutional, the declaration or adjudication shall not affect the remaining portions of the Code of Arkansas Rules, which shall remain in full force and effect as if the portion declared or adjudged invalid or unconstitutional was not originally a part of the Code of Arkansas Rules.

(2) A rule is severable unless the rule specifically provides that it is not severable.

Amended by Act 2023, No. 80,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 64,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 662,§ 5, eff. 7/24/2019.

Acts 2003, No. 1478, § 3.
Ark. Code Ann. § 25-17-305 — AR Code / Title 25 / Chapter 17 / Subchapter 3 / Section 25-17-305
Institutional law enforcement officer's duties and powers
Status: in_force

(a) An institutional law enforcement officer appointed under the authority of § 25-17-304 , except to the extent otherwise limited by the executive head of the state institution or department appointing him or her, shall protect property, preserve and maintain proper order and decorum, prevent unlawful assemblies and disorderly conduct, exclude and eject persons detrimental to the well-being of the institution, prevent trespass, and regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, which is the institutional law enforcement officer's primary jurisdiction. (b) (1) An institutional law enforcement officer shall have and exercise police supervision on behalf of the institution and as a law enforcement officer may arrest any person upon or in the institutional law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city in which the institution is located and may deliver that person before any court of competent jurisdiction to be dealt with according to law. (2) An institutional law enforcement officer may summon a posse comitatus if necessary. (c) An institutional law enforcement officer may make an arrest for an offense against any law of the State of Arkansas outside his or her primary jurisdiction if the officer: (1) Is summoned by another law enforcement agency to provide assistance; (2) Is assisting another law enforcement agency; (3) (A) Is traveling to or from any location in the state on official business. (B) Official business includes, but is not limited to: (i) Engaging in intelligence-gathering activity relating to security on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (ii) Investigating a crime committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the institution; (iv) Providing security or protective services for officials or visiting dignitaries to the institution; or (v) The continuous and immediate pursuit of a person for an offense committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, or in the officer's view. (d) (1) When an arrest is made outside the institutional law enforcement officer's primary jurisdiction, the law enforcement agency with jurisdiction will be notified promptly and a written report forwarded to the agency no later than the next working day. (2) The agency having jurisdiction may choose to take over the investigation or allow the institution or department law enforcement officer to bring the person before a court of competent jurisdiction to be dealt with according to law. Acts 1967, No. 328, § 2; 1981, No. 805, § 2; A.S.A. 1947, § 7-113; Acts 2007, No. 498, § 3; 2009, No. 549, § 5.

(a) An institutional law enforcement officer appointed under the authority of § 25-17-304 , except to the extent otherwise limited by the executive head of the state institution or department appointing him or her, shall protect property, preserve and maintain proper order and decorum, prevent unlawful assemblies and disorderly conduct, exclude and eject persons detrimental to the well-being of the institution, prevent trespass, and regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, which is the institutional law enforcement officer's primary jurisdiction.

(b) (1) An institutional law enforcement officer shall have and exercise police supervision on behalf of the institution and as a law enforcement officer may arrest any person upon or in the institutional law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city in which the institution is located and may deliver that person before any court of competent jurisdiction to be dealt with according to law. (2) An institutional law enforcement officer may summon a posse comitatus if necessary.

(1) An institutional law enforcement officer shall have and exercise police supervision on behalf of the institution and as a law enforcement officer may arrest any person upon or in the institutional law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city in which the institution is located and may deliver that person before any court of competent jurisdiction to be dealt with according to law.

(2) An institutional law enforcement officer may summon a posse comitatus if necessary.

(c) An institutional law enforcement officer may make an arrest for an offense against any law of the State of Arkansas outside his or her primary jurisdiction if the officer: (1) Is summoned by another law enforcement agency to provide assistance; (2) Is assisting another law enforcement agency; (3) (A) Is traveling to or from any location in the state on official business. (B) Official business includes, but is not limited to: (i) Engaging in intelligence-gathering activity relating to security on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (ii) Investigating a crime committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the institution; (iv) Providing security or protective services for officials or visiting dignitaries to the institution; or (v) The continuous and immediate pursuit of a person for an offense committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, or in the officer's view.

(1) Is summoned by another law enforcement agency to provide assistance;

(2) Is assisting another law enforcement agency;

(3) (A) Is traveling to or from any location in the state on official business. (B) Official business includes, but is not limited to: (i) Engaging in intelligence-gathering activity relating to security on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (ii) Investigating a crime committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the institution; (iv) Providing security or protective services for officials or visiting dignitaries to the institution; or (v) The continuous and immediate pursuit of a person for an offense committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, or in the officer's view.

(A) Is traveling to or from any location in the state on official business.

(B) Official business includes, but is not limited to: (i) Engaging in intelligence-gathering activity relating to security on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (ii) Investigating a crime committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the institution; (iv) Providing security or protective services for officials or visiting dignitaries to the institution; or (v) The continuous and immediate pursuit of a person for an offense committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, or in the officer's view.

(i) Engaging in intelligence-gathering activity relating to security on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her;

(ii) Investigating a crime committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her;

(iii) Transporting money, valuables, securities, or other valuables on behalf of the institution;

(iv) Providing security or protective services for officials or visiting dignitaries to the institution; or

(v) The continuous and immediate pursuit of a person for an offense committed on the grounds, buildings, improvements, streets, alleys, and sidewalks under the control of the institution employing him or her, or in the officer's view.

(d) (1) When an arrest is made outside the institutional law enforcement officer's primary jurisdiction, the law enforcement agency with jurisdiction will be notified promptly and a written report forwarded to the agency no later than the next working day. (2) The agency having jurisdiction may choose to take over the investigation or allow the institution or department law enforcement officer to bring the person before a court of competent jurisdiction to be dealt with according to law.

(1) When an arrest is made outside the institutional law enforcement officer's primary jurisdiction, the law enforcement agency with jurisdiction will be notified promptly and a written report forwarded to the agency no later than the next working day.

(2) The agency having jurisdiction may choose to take over the investigation or allow the institution or department law enforcement officer to bring the person before a court of competent jurisdiction to be dealt with according to law.

Acts 1967, No. 328, § 2; 1981, No. 805, § 2; A.S.A. 1947, § 7-113; Acts 2007, No. 498, § 3; 2009, No. 549, § 5.
Ark. Code Ann. § 25-43-402 — AR Code / Title 25 / Chapter 43 / Subchapter 4 / Section 25-43-402
State entities transferred to Department of Corrections
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Corrections by a cabinet-level department transfer: (1) The Arkansas Sentencing Commission, created under § 16-90-802 ; (2) The Arkansas Correctional School District, created under § 12-29-301 ; (3) [Repealed.] (4) The Department of Community Correction, created under § 12-27-125 , and now to be known as the "Division of Community Correction"; (5) The Department of Correction, created under § 12-27-103 , and now to be known as the "Division of Correction"; (6) [Repealed.] (7) The Post-Prison Transfer Board, created under § 16-93-201 ; (8) The Arkansas State Council for the Interstate Commission for Adult Offender Supervision, created under § 12-51-104 ; and (9) The Sex Offender Assessment Committee, created under § 12-12-921 . (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 Corrections 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 Corrections 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 Corrections 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 Corrections in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 659,§ 247, eff. 1/1/2024. Amended by Act 2023, No. 306,§ 7, eff. 7/1/2023. Amended by Act 2023, No. 306,§ 6, eff. 7/1/2023. Amended by Act 2021, No. 683,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 493,§ 9, eff. 7/28/2021. Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Corrections by a cabinet-level department transfer: (1) The Arkansas Sentencing Commission, created under § 16-90-802 ; (2) The Arkansas Correctional School District, created under § 12-29-301 ; (3) [Repealed.] (4) The Department of Community Correction, created under § 12-27-125 , and now to be known as the "Division of Community Correction"; (5) The Department of Correction, created under § 12-27-103 , and now to be known as the "Division of Correction"; (6) [Repealed.] (7) The Post-Prison Transfer Board, created under § 16-93-201 ; (8) The Arkansas State Council for the Interstate Commission for Adult Offender Supervision, created under § 12-51-104 ; and (9) The Sex Offender Assessment Committee, created under § 12-12-921 .

(1) The Arkansas Sentencing Commission, created under § 16-90-802 ;

(2) The Arkansas Correctional School District, created under § 12-29-301 ;

(3) [Repealed.]

(4) The Department of Community Correction, created under § 12-27-125 , and now to be known as the "Division of Community Correction";

(5) The Department of Correction, created under § 12-27-103 , and now to be known as the "Division of Correction";

(6) [Repealed.]

(7) The Post-Prison Transfer Board, created under § 16-93-201 ;

(8) The Arkansas State Council for the Interstate Commission for Adult Offender Supervision, created under § 12-51-104 ; and

(9) The Sex Offender Assessment Committee, created under § 12-12-921 .

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

Amended by Act 2023, No. 659,§ 247, eff. 1/1/2024.

Amended by Act 2023, No. 306,§ 7, eff. 7/1/2023.

Amended by Act 2023, No. 306,§ 6, eff. 7/1/2023.

Amended by Act 2021, No. 683,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 493,§ 9, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Ark. Code Ann. § 25-43-1002 — AR Code / Title 25 / Chapter 43 / Subchapter 10 / Section 25-43-1002
State entities transferred to Department of Inspector General
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Inspector General under a cabinet-level transfer: (1) The Arkansas Fair Housing Commission, created under § 16-123-303 ; (2) The Office of Internal Audit, created under § 25-43-1004 ; and (3) The Office of Medicaid Inspector General, created under § 20-77-2503 . (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 Inspector General 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 Inspector General 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 Inspector General 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 Inspector General in the same manner as before the creation of the cabinet-level department. Amended by Act 2021, No. 671,§ 2, eff. 7/28/2021. Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Inspector General under a cabinet-level transfer: (1) The Arkansas Fair Housing Commission, created under § 16-123-303 ; (2) The Office of Internal Audit, created under § 25-43-1004 ; and (3) The Office of Medicaid Inspector General, created under § 20-77-2503 .

(1) The Arkansas Fair Housing Commission, created under § 16-123-303 ;

(2) The Office of Internal Audit, created under § 25-43-1004 ; and

(3) The Office of Medicaid Inspector General, created under § 20-77-2503 .

(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 Inspector General 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 Inspector General 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 Inspector General 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 Inspector General in the same manner as before the creation of the cabinet-level department.

Amended by Act 2021, No. 671,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 5257, eff. 7/1/2019.
Ark. Code Ann. § 25-1-1006 — AR Code / Title 25 / Chapter 1 / Subchapter 10 / Section 25-1-1006
ESG Oversight Committee
Status: in_force

(a) (1) The ESG Oversight Committee is created to determine a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The committee shall be composed of: (A) A citizen of this state who is appointed by the Governor; (B) A citizen of this state who is appointed by the President Pro Tempore of the Senate; (C) A citizen of this state who is appointed by the Speaker of the House of Representatives; (D) A citizen of this state who is appointed by the Attorney General; and (E) The Treasurer of State or his or her designee. (3) The committee shall serve at the pleasure of the Governor. (b) (1) Within ninety (90) days of the appointments to the committee under subdivision (a)(2) of this section, the committee shall prepare and provide to each public entity a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The determination by the committee under subdivision (b)(1) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Upon furnishing the list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors to each public entity, the committee shall expire automatically. (d) If the Governor determines that a financial services provider has begun or ceased to discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors, the Governor may reestablish the committee at any time by notifying in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Treasurer of State. Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.

(a) (1) The ESG Oversight Committee is created to determine a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The committee shall be composed of: (A) A citizen of this state who is appointed by the Governor; (B) A citizen of this state who is appointed by the President Pro Tempore of the Senate; (C) A citizen of this state who is appointed by the Speaker of the House of Representatives; (D) A citizen of this state who is appointed by the Attorney General; and (E) The Treasurer of State or his or her designee. (3) The committee shall serve at the pleasure of the Governor.

(1) The ESG Oversight Committee is created to determine a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors.

(2) The committee shall be composed of: (A) A citizen of this state who is appointed by the Governor; (B) A citizen of this state who is appointed by the President Pro Tempore of the Senate; (C) A citizen of this state who is appointed by the Speaker of the House of Representatives; (D) A citizen of this state who is appointed by the Attorney General; and (E) The Treasurer of State or his or her designee.

(A) A citizen of this state who is appointed by the Governor;

(B) A citizen of this state who is appointed by the President Pro Tempore of the Senate;

(C) A citizen of this state who is appointed by the Speaker of the House of Representatives;

(D) A citizen of this state who is appointed by the Attorney General; and

(E) The Treasurer of State or his or her designee.

(3) The committee shall serve at the pleasure of the Governor.

(b) (1) Within ninety (90) days of the appointments to the committee under subdivision (a)(2) of this section, the committee shall prepare and provide to each public entity a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The determination by the committee under subdivision (b)(1) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Within ninety (90) days of the appointments to the committee under subdivision (a)(2) of this section, the committee shall prepare and provide to each public entity a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors.

(2) The determination by the committee under subdivision (b)(1) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Upon furnishing the list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors to each public entity, the committee shall expire automatically.

(d) If the Governor determines that a financial services provider has begun or ceased to discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors, the Governor may reestablish the committee at any time by notifying in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Treasurer of State.

Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 25-11-102 — AR Code / Title 25 / Chapter 11 / Section 25-11-102
Arkansas Economic Development Council
Status: in_force

There is created an Arkansas Economic Development Council, whose membership, authorities, and powers shall be as specified in §§ 15-4-201 - 15-4-204 , 15-4-209 , 15-4-501 - 15-4-503 , 15-4-505 - 15-4-515 , 15-4-517 , 15-4-518 , and 15-4-520 - 15-4-525 . Acts 1971, No. 38, § 6; 1979, No. 65, § 2; 1981, No. 41, § 2; A.S.A. 1947, § 5-906; Acts 1997, No. 540, § 50; 2007, No. 1602, § 5.

There is created an Arkansas Economic Development Council, whose membership, authorities, and powers shall be as specified in §§ 15-4-201 - 15-4-204 , 15-4-209 , 15-4-501 - 15-4-503 , 15-4-505 - 15-4-515 , 15-4-517 , 15-4-518 , and 15-4-520 - 15-4-525 .

Acts 1971, No. 38, § 6; 1979, No. 65, § 2; 1981, No. 41, § 2; A.S.A. 1947, § 5-906; Acts 1997, No. 540, § 50; 2007, No. 1602, § 5.
Ark. Code Ann. § 25-34-105 — AR Code / Title 25 / Chapter 34 / Section 25-34-105
Agency authority and accounting
Status: in_force

(a) Each agency shall apply the administrative procedures of the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration to the sale. (b) Within sixty (60) days after August 13, 2001, each agency shall prepare a plan to account for the sale of used equipment and present that plan for review to the Department of Finance and Administration, the Executive Chief Information Officer, and the Legislative Council. Acts 2001, No. 1410, § 5.

(a) Each agency shall apply the administrative procedures of the Marketing and Redistribution Section of the Office of State Procurement of the Department of Finance and Administration to the sale.

(b) Within sixty (60) days after August 13, 2001, each agency shall prepare a plan to account for the sale of used equipment and present that plan for review to the Department of Finance and Administration, the Executive Chief Information Officer, and the Legislative Council.

Acts 2001, No. 1410, § 5.
Ark. Code Ann. § 25-32-108 — AR Code / Title 25 / Chapter 32 / Section 25-32-108
Provision of information in writing - Presentation of records
Status: in_force

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply: (1) The record must be posted or displayed in the manner specified in the other law. (2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law. (3) The record must contain the information formatted in the manner specified in the other law. (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (d) The requirements of this section may not be varied by agreement, but: (1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law. Acts 2001, No. 905, § 8.

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply: (1) The record must be posted or displayed in the manner specified in the other law. (2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law. (3) The record must contain the information formatted in the manner specified in the other law.

(1) The record must be posted or displayed in the manner specified in the other law.

(2) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law.

(3) The record must contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but: (1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.

(1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.

Acts 2001, No. 905, § 8.
Ark. Code Ann. § 25-15-104 — AR Code / Title 25 / Chapter 15 / Subchapter 1 / Section 25-15-104
Subpoena powers
Status: in_force

(a) (1) The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state: (A) Auctioneer's Licensing Board, § 17-17-201 et seq.; (B) State Athletic Commission, § 17-22-201 et seq.; (C) Cosmetology Technical Advisory Committee, § 17-26-201 et seq.; (D) Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.; (E) State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.; (F) Committee of Plumbing Examiners, § 17-38-202 ; (G) Arkansas Social Work Licensing Board, § 17-103-201 et seq.; (H) HVACR Licensing Board, § 17-33-201 et seq.; (I) Liquefied Petroleum Gas Board, § 15-75-201 et seq.; (J) Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.; (K) Arkansas Livestock and Poultry Commission, § 2-33-101 et seq.; (L) Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.; (M) State Board of Election Commissioners, § 7-4-101 et seq.; (N) State Board of Health, § 20-7-101 et seq.; (O) Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq.; (P) State Plant Board, § 2-16-206 et seq.; (Q) Arkansas Forestry Commission, § 15-31-101 et seq.; and (R) Arkansas Natural Resources Commission, § 15-20-201 et seq. (2) These boards and commissions shall provide by rule for the issuance of a subpoena upon the request of any party to a proceeding pending before the board or commission or at the request of the board or commission. (3) The subpoena shall: (A) Be in the name of the board or commission; (B) State the name of the board or commission and the name of the proceeding; and (C) (i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By videotaped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness. (ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena. (4) The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence. (5) Service of the subpoena shall be in the manner as now provided by statute or rule for the service of subpoenas in civil cases. (b) (1) A witness who has been served by subpoena in the manner provided by law and who appears in person to testify at the trial or cause pending before the board or commission shall be paid or tendered the legal fees for travel and attendance as provided by law. (2) In the event a witness has been served with subpoenas under this section and fails to provide testimony in obedience to the subpoena, the board or commission may apply to the circuit court of the county wherein the board or commission is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure. (4) A witness who is served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county where the board or commission is having its meeting or the Pulaski County Circuit Court. (c) This section is intended to be supplemental and add the power to issue subpoenas to the various chapters of the Code that do not now provide the power to do so. This section shall not repeal any law or part of laws now in existence. Amended by Act 2023, No. 691,§ 180, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 179, eff. 7/1/2023. Amended by Act 2017, No. 788,§ 92, eff. 7/1/2018. Amended by Act 2017, No. 497,§ 24, eff. 8/1/2017. Acts 1993, No. 1286, § 1; 1995, No. 757, § 1; 1999, No. 1122, § 7; 2001, No. 617, § 22; 2009, No. 83, § 1; 2009, No. 1182, § 1; 2011, No. 1122, §§ 1, 2.

(a) (1) The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state: (A) Auctioneer's Licensing Board, § 17-17-201 et seq.; (B) State Athletic Commission, § 17-22-201 et seq.; (C) Cosmetology Technical Advisory Committee, § 17-26-201 et seq.; (D) Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.; (E) State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.; (F) Committee of Plumbing Examiners, § 17-38-202 ; (G) Arkansas Social Work Licensing Board, § 17-103-201 et seq.; (H) HVACR Licensing Board, § 17-33-201 et seq.; (I) Liquefied Petroleum Gas Board, § 15-75-201 et seq.; (J) Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.; (K) Arkansas Livestock and Poultry Commission, § 2-33-101 et seq.; (L) Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.; (M) State Board of Election Commissioners, § 7-4-101 et seq.; (N) State Board of Health, § 20-7-101 et seq.; (O) Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq.; (P) State Plant Board, § 2-16-206 et seq.; (Q) Arkansas Forestry Commission, § 15-31-101 et seq.; and (R) Arkansas Natural Resources Commission, § 15-20-201 et seq. (2) These boards and commissions shall provide by rule for the issuance of a subpoena upon the request of any party to a proceeding pending before the board or commission or at the request of the board or commission. (3) The subpoena shall: (A) Be in the name of the board or commission; (B) State the name of the board or commission and the name of the proceeding; and (C) (i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By videotaped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness. (ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena. (4) The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence. (5) Service of the subpoena shall be in the manner as now provided by statute or rule for the service of subpoenas in civil cases.

(1) The following boards and commissions shall have the power to issue subpoenas and bring before the board or commission as a witness any person in this state: (A) Auctioneer's Licensing Board, § 17-17-201 et seq.; (B) State Athletic Commission, § 17-22-201 et seq.; (C) Cosmetology Technical Advisory Committee, § 17-26-201 et seq.; (D) Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.; (E) State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.; (F) Committee of Plumbing Examiners, § 17-38-202 ; (G) Arkansas Social Work Licensing Board, § 17-103-201 et seq.; (H) HVACR Licensing Board, § 17-33-201 et seq.; (I) Liquefied Petroleum Gas Board, § 15-75-201 et seq.; (J) Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.; (K) Arkansas Livestock and Poultry Commission, § 2-33-101 et seq.; (L) Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.; (M) State Board of Election Commissioners, § 7-4-101 et seq.; (N) State Board of Health, § 20-7-101 et seq.; (O) Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq.; (P) State Plant Board, § 2-16-206 et seq.; (Q) Arkansas Forestry Commission, § 15-31-101 et seq.; and (R) Arkansas Natural Resources Commission, § 15-20-201 et seq.

(A) Auctioneer's Licensing Board, § 17-17-201 et seq.;

(B) State Athletic Commission, § 17-22-201 et seq.;

(C) Cosmetology Technical Advisory Committee, § 17-26-201 et seq.;

(D) Arkansas Board of Examiners in Counseling, § 17-27-201 et seq.;

(E) State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, § 23-61-1101 et seq.;

(F) Committee of Plumbing Examiners, § 17-38-202 ;

(G) Arkansas Social Work Licensing Board, § 17-103-201 et seq.;

(H) HVACR Licensing Board, § 17-33-201 et seq.;

(I) Liquefied Petroleum Gas Board, § 15-75-201 et seq.;

(J) Judicial Discipline and Disability Commission, Arkansas Constitution, Amendment 66, and § 16-10-401 et seq.;

(K) Arkansas Livestock and Poultry Commission, § 2-33-101 et seq.;

(L) Arkansas Board of Dispensing Opticians, § 17-89-201 et seq.;

(M) State Board of Election Commissioners, § 7-4-101 et seq.;

(N) State Board of Health, § 20-7-101 et seq.;

(O) Arkansas Commission on Law Enforcement Standards and Training, § 12-9-101 et seq.;

(P) State Plant Board, § 2-16-206 et seq.;

(Q) Arkansas Forestry Commission, § 15-31-101 et seq.; and

(R) Arkansas Natural Resources Commission, § 15-20-201 et seq.

(2) These boards and commissions shall provide by rule for the issuance of a subpoena upon the request of any party to a proceeding pending before the board or commission or at the request of the board or commission.

(3) The subpoena shall: (A) Be in the name of the board or commission; (B) State the name of the board or commission and the name of the proceeding; and (C) (i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By videotaped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness. (ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena.

(A) Be in the name of the board or commission;

(B) State the name of the board or commission and the name of the proceeding; and

(C) (i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By videotaped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness. (ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena.

(i) Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways: (a) In person; (b) Before a certified court reporter under oath at the place of the witness's residence or employment; (c) By videotaped deposition at the place of the witness's residence or employment; or (d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness.

(a) In person;

(b) Before a certified court reporter under oath at the place of the witness's residence or employment;

(c) By videotaped deposition at the place of the witness's residence or employment; or

(d) By live video communications from the witness' residence, place of employment, or a nearby facility capable of providing video transmission to the state agency that has subpoenaed the witness.

(ii) The manner of providing testimony under the subpoena shall be conducted by in person testimony unless another manner is agreed upon by the board or commission and the person who is the subject of the subpoena.

(4) The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence.

(5) Service of the subpoena shall be in the manner as now provided by statute or rule for the service of subpoenas in civil cases.

(b) (1) A witness who has been served by subpoena in the manner provided by law and who appears in person to testify at the trial or cause pending before the board or commission shall be paid or tendered the legal fees for travel and attendance as provided by law. (2) In the event a witness has been served with subpoenas under this section and fails to provide testimony in obedience to the subpoena, the board or commission may apply to the circuit court of the county wherein the board or commission is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure. (4) A witness who is served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county where the board or commission is having its meeting or the Pulaski County Circuit Court.

(1) A witness who has been served by subpoena in the manner provided by law and who appears in person to testify at the trial or cause pending before the board or commission shall be paid or tendered the legal fees for travel and attendance as provided by law.

(2) In the event a witness has been served with subpoenas under this section and fails to provide testimony in obedience to the subpoena, the board or commission may apply to the circuit court of the county wherein the board or commission is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court.

(3) The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure.

(4) A witness who is served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county where the board or commission is having its meeting or the Pulaski County Circuit Court.

(c) This section is intended to be supplemental and add the power to issue subpoenas to the various chapters of the Code that do not now provide the power to do so. This section shall not repeal any law or part of laws now in existence.

Amended by Act 2023, No. 691,§ 180, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 179, eff. 7/1/2023.

Amended by Act 2017, No. 788,§ 92, eff. 7/1/2018.

Amended by Act 2017, No. 497,§ 24, eff. 8/1/2017.

Acts 1993, No. 1286, § 1; 1995, No. 757, § 1; 1999, No. 1122, § 7; 2001, No. 617, § 22; 2009, No. 83, § 1; 2009, No. 1182, § 1; 2011, No. 1122, §§ 1, 2.
Ark. Code Ann. § 25-26-301 — AR Code / Title 25 / Chapter 26 / Subchapter 3 / Section 25-26-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Cyber Initiative Act". Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Arkansas Cyber Initiative Act".

Added by Act 2019, No. 1085,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 25-2-103 — AR Code / Title 25 / Chapter 2 / Section 25-2-103
Effect of act on preexisting rules, regulations, etc
Status: in_force

This act shall not affect the orders, rules, regulations, and standards made or promulgated before February 4, 1971, by any department, institution, division, bureau, board, commission, council, or other agency, the functions, powers, and duties of which have been herein assigned or transferred to a principal department established by this act. The orders, rules, regulations, and standards shall continue with full force and effect until amended or repealed pursuant to law. Acts 1971, No. 38, § 17 [17A]; A.S.A. 1947, § 5-918.

This act shall not affect the orders, rules, regulations, and standards made or promulgated before February 4, 1971, by any department, institution, division, bureau, board, commission, council, or other agency, the functions, powers, and duties of which have been herein assigned or transferred to a principal department established by this act. The orders, rules, regulations, and standards shall continue with full force and effect until amended or repealed pursuant to law.

Acts 1971, No. 38, § 17 [17A]; A.S.A. 1947, § 5-918.
Ark. Code Ann. § 25-1-801 — AR Code / Title 25 / Chapter 1 / Subchapter 8 / Section 25-1-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Government Interaction with Nonprofit Entities Act". Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Government Interaction with Nonprofit Entities Act".

Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 25-43-502 — AR Code / Title 25 / Chapter 43 / Subchapter 5 / Section 25-43-502
State entities transferred to Department of Education
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Education by a cabinet-level department transfer: (1) The Arkansas Better Chance Program, created under § 6-45-105 ; (2) The Arkansas Higher Education Coordinating Board, created under § 6-61-201 ; (3) The Arkansas School for the Blind, described in § 6-43-201 et seq.; (4) The Arkansas School for the Deaf, created under § 6-43-301 ; (5) The Arkansas State Library, created under § 13-2-203 ; (6) The Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf, created under § 6-43-101 ; (7) The Department of Career Education, created under § 25-30-106 , now to be known as the "Division of Career and Technical Education"; (8) The Department of Education, created under § 25-6-102 , now to be known as the "Division of Elementary and Secondary Education"; (9) The Department of Higher Education, created under § 25-7-101 , now to be known as the "Division of Higher Education"; (10) The Division of Public School Academic Facilities and Transportation, created under § 6-21-112 ; (11) The Division of Public School Accountability, created under § 6-15-102 ; (12) The Martin Luther King, Jr. Commission, created under § 25-24-101 ; (13) The State Board of Education, created under § 6-11-101 ; (14) The State Library Board, created under § 13-2-205 ; (15) The AmeriCorps Office, created under § 25-43-504 ; (16) The Commission for Arkansas Public School Academic Facilities and Transportation, created under § 6-21-114 ; (17) The Division of Child Care and Early Childhood Education, created under § 20-78-205 ; (18) The Child Care Appeal Review Panel, defined in § 20-78-202 ; and (19) The Arkansas Early Childhood Commission, created under § 20-78-501 . (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 Education 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 Education 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 Education 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 Education in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 237,§ 69, eff. 7/1/2023. Amended by Act 2021, No. 482,§ 1, eff. 7/28/2021. Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Education by a cabinet-level department transfer: (1) The Arkansas Better Chance Program, created under § 6-45-105 ; (2) The Arkansas Higher Education Coordinating Board, created under § 6-61-201 ; (3) The Arkansas School for the Blind, described in § 6-43-201 et seq.; (4) The Arkansas School for the Deaf, created under § 6-43-301 ; (5) The Arkansas State Library, created under § 13-2-203 ; (6) The Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf, created under § 6-43-101 ; (7) The Department of Career Education, created under § 25-30-106 , now to be known as the "Division of Career and Technical Education"; (8) The Department of Education, created under § 25-6-102 , now to be known as the "Division of Elementary and Secondary Education"; (9) The Department of Higher Education, created under § 25-7-101 , now to be known as the "Division of Higher Education"; (10) The Division of Public School Academic Facilities and Transportation, created under § 6-21-112 ; (11) The Division of Public School Accountability, created under § 6-15-102 ; (12) The Martin Luther King, Jr. Commission, created under § 25-24-101 ; (13) The State Board of Education, created under § 6-11-101 ; (14) The State Library Board, created under § 13-2-205 ; (15) The AmeriCorps Office, created under § 25-43-504 ; (16) The Commission for Arkansas Public School Academic Facilities and Transportation, created under § 6-21-114 ; (17) The Division of Child Care and Early Childhood Education, created under § 20-78-205 ; (18) The Child Care Appeal Review Panel, defined in § 20-78-202 ; and (19) The Arkansas Early Childhood Commission, created under § 20-78-501 .

(1) The Arkansas Better Chance Program, created under § 6-45-105 ;

(2) The Arkansas Higher Education Coordinating Board, created under § 6-61-201 ;

(3) The Arkansas School for the Blind, described in § 6-43-201 et seq.;

(4) The Arkansas School for the Deaf, created under § 6-43-301 ;

(5) The Arkansas State Library, created under § 13-2-203 ;

(6) The Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf, created under § 6-43-101 ;

(7) The Department of Career Education, created under § 25-30-106 , now to be known as the "Division of Career and Technical Education";

(8) The Department of Education, created under § 25-6-102 , now to be known as the "Division of Elementary and Secondary Education";

(9) The Department of Higher Education, created under § 25-7-101 , now to be known as the "Division of Higher Education";

(10) The Division of Public School Academic Facilities and Transportation, created under § 6-21-112 ;

(11) The Division of Public School Accountability, created under § 6-15-102 ;

(12) The Martin Luther King, Jr. Commission, created under § 25-24-101 ;

(13) The State Board of Education, created under § 6-11-101 ;

(14) The State Library Board, created under § 13-2-205 ;

(15) The AmeriCorps Office, created under § 25-43-504 ;

(16) The Commission for Arkansas Public School Academic Facilities and Transportation, created under § 6-21-114 ;

(17) The Division of Child Care and Early Childhood Education, created under § 20-78-205 ;

(18) The Child Care Appeal Review Panel, defined in § 20-78-202 ; and

(19) The Arkansas Early Childhood Commission, created under § 20-78-501 .

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

Amended by Act 2023, No. 237,§ 69, eff. 7/1/2023.

Amended by Act 2021, No. 482,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Ark. Code Ann. § 25-4-121 — AR Code / Title 25 / Chapter 4 / Section 25-4-121
Division of Information Systems Revolving Fund
Status: in_force

(a) There is created and established on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration the Division of Information Systems Revolving Fund. (b) The Division of Information Systems Revolving Fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law for credit to the Division of Information Systems Revolving Fund. (c) All revenues received by the Division of Information Systems for providing information technology services shall be deposited into the State Treasury as nonrevenue receipts, there to be used for the maintenance, operation, and improvement of the division. (d) All revenues received from agencies or other governmental entities for information technology services provided by contracts between the division and outside vendors may be deposited into the State Treasury as refund to expenditures. (e) Subject to the written approval of the Chief Fiscal Officer of the State upon written application of the division and review by the Legislative Council, the Director of the Division of Information Systems shall have the authority to transfer funds between the Information Technology Reserve Fund established by §§ 19-5-1056 and 25-4-123 and the Division of Information Systems Revolving Fund established under this section for cash management purposes. Amended by Act 2019, No. 910,§ 6286, eff. 7/1/2019. Acts 1997, No. 914, § 21; 2001, No. 1722, § 15; 2005, No. 1999, § 8.

(a) There is created and established on the books of the Treasurer of State, the Auditor of State, and the Department of Finance and Administration the Division of Information Systems Revolving Fund.

(b) The Division of Information Systems Revolving Fund shall consist of nonrevenue receipts derived from services provided to various agencies of the federal, state, city, and county governments, and any other moneys which may be provided by law for credit to the Division of Information Systems Revolving Fund.

(c) All revenues received by the Division of Information Systems for providing information technology services shall be deposited into the State Treasury as nonrevenue receipts, there to be used for the maintenance, operation, and improvement of the division.

(d) All revenues received from agencies or other governmental entities for information technology services provided by contracts between the division and outside vendors may be deposited into the State Treasury as refund to expenditures.

(e) Subject to the written approval of the Chief Fiscal Officer of the State upon written application of the division and review by the Legislative Council, the Director of the Division of Information Systems shall have the authority to transfer funds between the Information Technology Reserve Fund established by §§ 19-5-1056 and 25-4-123 and the Division of Information Systems Revolving Fund established under this section for cash management purposes.

Amended by Act 2019, No. 910,§ 6286, eff. 7/1/2019.

Acts 1997, No. 914, § 21; 2001, No. 1722, § 15; 2005, No. 1999, § 8.
Ark. Code Ann. § 25-20-402 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-402
Definitions
Status: in_force

As used in this subchapter: (1) "Authority" means a municipal electric consolidated authority created pursuant to this subchapter; (2) "Electric project" means any: (A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, together with all parts thereof and appurtenances thereto, that are used or useful in the generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy, and provision of ancillary services, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for such purposes or that may be necessary or advisable for the proper and efficient operation of the authority's facilities; (B) Interest in or right to the use, services, or electric capacity and energy of any such plant, works, system, or facilities; (C) Study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary to determine the legality and financial and engineering feasibility of any electric project; and (D) Contract or agreement associated with generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy or ancillary services; (3) "Electric transmission system" and "electric transmission facility" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers; (4) "Governing body of a municipal electric utility" means the city council, board of directors, improvement district commissioners, or other elected or appointed authority having the rate-making and debt-issuance authority for the municipal electric utility; (5) "Municipality" means any city of the first class or city of the second class incorporated under the laws of the State of Arkansas or any commission or agency thereof, including any municipally owned or municipally controlled corporation, any improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such an entity; (6) "Municipal electric utility" means any electric generation, transmission, or distribution system owned or operated on July 16, 2003, by any city of the first class, city of the second class, or a town incorporated under the laws of the State of Arkansas or any commission, department, division, or agency thereof, including any municipally owned or municipally controlled corporation, improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such an entity; (7) "Person" means any natural person, firm, corporation, electric cooperative corporation, energy service provider, nonprofit corporation, association, or improvement district; and (8) "Public utility" means any person or entity engaged in the generation or sale of electric power and energy that is subject to regulation by the Arkansas Public Service Commission. Acts 2003, No. 366, § 1.

As used in this subchapter:

(1) "Authority" means a municipal electric consolidated authority created pursuant to this subchapter;

(2) "Electric project" means any: (A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, together with all parts thereof and appurtenances thereto, that are used or useful in the generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy, and provision of ancillary services, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for such purposes or that may be necessary or advisable for the proper and efficient operation of the authority's facilities; (B) Interest in or right to the use, services, or electric capacity and energy of any such plant, works, system, or facilities; (C) Study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary to determine the legality and financial and engineering feasibility of any electric project; and (D) Contract or agreement associated with generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy or ancillary services;

(A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, together with all parts thereof and appurtenances thereto, that are used or useful in the generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy, and provision of ancillary services, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for such purposes or that may be necessary or advisable for the proper and efficient operation of the authority's facilities;

(B) Interest in or right to the use, services, or electric capacity and energy of any such plant, works, system, or facilities;

(C) Study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary to determine the legality and financial and engineering feasibility of any electric project; and

(D) Contract or agreement associated with generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy or ancillary services;

(3) "Electric transmission system" and "electric transmission facility" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers;

(4) "Governing body of a municipal electric utility" means the city council, board of directors, improvement district commissioners, or other elected or appointed authority having the rate-making and debt-issuance authority for the municipal electric utility;

(5) "Municipality" means any city of the first class or city of the second class incorporated under the laws of the State of Arkansas or any commission or agency thereof, including any municipally owned or municipally controlled corporation, any improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such an entity;

(6) "Municipal electric utility" means any electric generation, transmission, or distribution system owned or operated on July 16, 2003, by any city of the first class, city of the second class, or a town incorporated under the laws of the State of Arkansas or any commission, department, division, or agency thereof, including any municipally owned or municipally controlled corporation, improvement district, consolidated public or municipal utility system improvement district, or nonprofit corporation lessee of such an entity;

(7) "Person" means any natural person, firm, corporation, electric cooperative corporation, energy service provider, nonprofit corporation, association, or improvement district; and

(8) "Public utility" means any person or entity engaged in the generation or sale of electric power and energy that is subject to regulation by the Arkansas Public Service Commission.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-43-802 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-802
State entities transferred to Department of Health
Status: repealed

(a) The administrative functions of the following state entities are transferred to the Department of Health by a cabinet-level department transfer: (1) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, created under § 20-14-804 ; (2) The Advisory Committee on Healthcare Acquired Infections, created under § 20-9-1204 ; (3) The Advisory Council to the Arkansas Youth Suicide Prevention Task Force, created under § 20-77-1607 [repealed]; (4) The Arkansas Board of Dispensing Opticians, created under § 17-89-201 ; (5) The Arkansas Board of Examiners in Counseling, created under § 17-27-201 ; (6) The Arkansas Board of Hearing Instrument Dispensers, created under § 17-84-201 ; (7) The Arkansas Board of Podiatric Medicine, created under § 17-96-201 ; (8) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative, created under § 20-8-505 ; (9) The Arkansas Dietetics Licensing Board, created under § 17-83-201 ; (10) The Arkansas Minority Health Commission, created under § 20-2-102 ; (11) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, created under § 17-107-201 ; (12) The Arkansas Psychology Board, created under § 17-97-201 ; (13) The Arkansas Social Work Licensing Board, created under § 17-103-201 ; (14) The Arkansas Spinal Cord Commission, created under § 20-8-202 ; (15) The Arkansas State Board of Acupuncture and Related Techniques, created under § 17-102-201 ; (16) The Arkansas State Board of Athletic Training, created under § 17-93-404 ; (17) The Arkansas State Board of Chiropractic Examiners, created under § 17-81-201 ; (18) The Arkansas State Board of Dental Examiners, created under § 17-82-201 ; (19) The Arkansas State Board of Nursing, created under § 17-87-201 ; (20) The Arkansas State Board of Pharmacy, created under § 17-92-201 ; (21) The Arkansas State Board of Physical Therapy, created under § 17-93-201 ; (22) The Arkansas State Board of Sanitarians, created under § 17-43-201 ; (23) The Arkansas State Medical Board, created under § 17-95-301 ; (24) The Arkansas Suicide Prevention Council, created under § 20-45-302 [repealed]; (25) The Arkansas Surgeon General, created under § 25-43-806 ; (26) The Arkansas Tobacco Settlement Commission, created under § 19-12-117 ; (27) The Board of Examiners in Speech-Language Pathology and Audiology, created under § 17-100-201 ; (28) The Breast Cancer Control Advisory Board, created under § 20-15-1304 ; (29) The Cervical Cancer Task Force, created under § 20-9-1102 ; (30) The Child Health Advisory Committee, created under § 20-7-133 ; (31) The Cosmetology Technical Advisory Committee, created under § 17-26-201 ; (32) The Committee of Plumbing Examiners, created under § 17-38-202 ; (33) The Drinking Water Advisory and Operator Licensing Committee, created under § 17-51-104 ; (34) The Emergency Medical Services Advisory Council, created under § 20-13-205 ; (35) The Health Services Permit Agency, created under § 20-8-104 ; (36) The Health Services Permit Commission, created under § 20-8-102 ; (37) The Marine Sanitation Advisory Committee, created under § 27-101-405 ; (38) The Massage Therapy Technical Advisory Committee, created under § 17-86-201 ; (39) The Medical Ionizing Radiation Licensure Committee, created under § 17-106-104 ; (40) The Prescription Drug Monitoring Program Advisory Committee, created under § 20-7-605 ; (41) The Prescriptive Authority Advisory Committee, created under § 17-87-205 ; (42) The State Board of Examiners of Alcoholism and Drug Abuse Counselors, created under § 17-27-404 ; (43) The State Board of Optometry, created under § 17-90-201 ; (44) The State Board of Health, created under § 20-7-102 ; (45) The State Hospice Office, created under § 20-7-117 ; (46) The State Kidney Disease Commission, created under § 20-15-602 ; (47) [Repealed.] (48) The Tobacco Prevention and Cessation Program, created under § 19-12-113 ; and (49) The Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board, created under § 20-15-1503 . (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 Health 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 Health 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 Health 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 Health in the same manner as before the creation of the cabinet-level department. Amended by Act 2023, No. 365,§ 81, eff. 7/1/2023. Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The administrative functions of the following state entities are transferred to the Department of Health by a cabinet-level department transfer: (1) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, created under § 20-14-804 ; (2) The Advisory Committee on Healthcare Acquired Infections, created under § 20-9-1204 ; (3) The Advisory Council to the Arkansas Youth Suicide Prevention Task Force, created under § 20-77-1607 [repealed]; (4) The Arkansas Board of Dispensing Opticians, created under § 17-89-201 ; (5) The Arkansas Board of Examiners in Counseling, created under § 17-27-201 ; (6) The Arkansas Board of Hearing Instrument Dispensers, created under § 17-84-201 ; (7) The Arkansas Board of Podiatric Medicine, created under § 17-96-201 ; (8) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative, created under § 20-8-505 ; (9) The Arkansas Dietetics Licensing Board, created under § 17-83-201 ; (10) The Arkansas Minority Health Commission, created under § 20-2-102 ; (11) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, created under § 17-107-201 ; (12) The Arkansas Psychology Board, created under § 17-97-201 ; (13) The Arkansas Social Work Licensing Board, created under § 17-103-201 ; (14) The Arkansas Spinal Cord Commission, created under § 20-8-202 ; (15) The Arkansas State Board of Acupuncture and Related Techniques, created under § 17-102-201 ; (16) The Arkansas State Board of Athletic Training, created under § 17-93-404 ; (17) The Arkansas State Board of Chiropractic Examiners, created under § 17-81-201 ; (18) The Arkansas State Board of Dental Examiners, created under § 17-82-201 ; (19) The Arkansas State Board of Nursing, created under § 17-87-201 ; (20) The Arkansas State Board of Pharmacy, created under § 17-92-201 ; (21) The Arkansas State Board of Physical Therapy, created under § 17-93-201 ; (22) The Arkansas State Board of Sanitarians, created under § 17-43-201 ; (23) The Arkansas State Medical Board, created under § 17-95-301 ; (24) The Arkansas Suicide Prevention Council, created under § 20-45-302 [repealed]; (25) The Arkansas Surgeon General, created under § 25-43-806 ; (26) The Arkansas Tobacco Settlement Commission, created under § 19-12-117 ; (27) The Board of Examiners in Speech-Language Pathology and Audiology, created under § 17-100-201 ; (28) The Breast Cancer Control Advisory Board, created under § 20-15-1304 ; (29) The Cervical Cancer Task Force, created under § 20-9-1102 ; (30) The Child Health Advisory Committee, created under § 20-7-133 ; (31) The Cosmetology Technical Advisory Committee, created under § 17-26-201 ; (32) The Committee of Plumbing Examiners, created under § 17-38-202 ; (33) The Drinking Water Advisory and Operator Licensing Committee, created under § 17-51-104 ; (34) The Emergency Medical Services Advisory Council, created under § 20-13-205 ; (35) The Health Services Permit Agency, created under § 20-8-104 ; (36) The Health Services Permit Commission, created under § 20-8-102 ; (37) The Marine Sanitation Advisory Committee, created under § 27-101-405 ; (38) The Massage Therapy Technical Advisory Committee, created under § 17-86-201 ; (39) The Medical Ionizing Radiation Licensure Committee, created under § 17-106-104 ; (40) The Prescription Drug Monitoring Program Advisory Committee, created under § 20-7-605 ; (41) The Prescriptive Authority Advisory Committee, created under § 17-87-205 ; (42) The State Board of Examiners of Alcoholism and Drug Abuse Counselors, created under § 17-27-404 ; (43) The State Board of Optometry, created under § 17-90-201 ; (44) The State Board of Health, created under § 20-7-102 ; (45) The State Hospice Office, created under § 20-7-117 ; (46) The State Kidney Disease Commission, created under § 20-15-602 ; (47) [Repealed.] (48) The Tobacco Prevention and Cessation Program, created under § 19-12-113 ; and (49) The Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board, created under § 20-15-1503 .

(1) The Advisory Board for Interpreters between Hearing Individuals and Individuals who are Deaf, Deafblind, Hard of Hearing, or Oral Deaf, created under § 20-14-804 ;

(2) The Advisory Committee on Healthcare Acquired Infections, created under § 20-9-1204 ;

(3) The Advisory Council to the Arkansas Youth Suicide Prevention Task Force, created under § 20-77-1607 [repealed];

(4) The Arkansas Board of Dispensing Opticians, created under § 17-89-201 ;

(5) The Arkansas Board of Examiners in Counseling, created under § 17-27-201 ;

(6) The Arkansas Board of Hearing Instrument Dispensers, created under § 17-84-201 ;

(7) The Arkansas Board of Podiatric Medicine, created under § 17-96-201 ;

(8) The Arkansas Commission for the Newborn Umbilical Cord Blood Initiative, created under § 20-8-505 ;

(9) The Arkansas Dietetics Licensing Board, created under § 17-83-201 ;

(10) The Arkansas Minority Health Commission, created under § 20-2-102 ;

(11) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, created under § 17-107-201 ;

(12) The Arkansas Psychology Board, created under § 17-97-201 ;

(13) The Arkansas Social Work Licensing Board, created under § 17-103-201 ;

(14) The Arkansas Spinal Cord Commission, created under § 20-8-202 ;

(15) The Arkansas State Board of Acupuncture and Related Techniques, created under § 17-102-201 ;

(16) The Arkansas State Board of Athletic Training, created under § 17-93-404 ;

(17) The Arkansas State Board of Chiropractic Examiners, created under § 17-81-201 ;

(18) The Arkansas State Board of Dental Examiners, created under § 17-82-201 ;

(19) The Arkansas State Board of Nursing, created under § 17-87-201 ;

(20) The Arkansas State Board of Pharmacy, created under § 17-92-201 ;

(21) The Arkansas State Board of Physical Therapy, created under § 17-93-201 ;

(22) The Arkansas State Board of Sanitarians, created under § 17-43-201 ;

(23) The Arkansas State Medical Board, created under § 17-95-301 ;

(24) The Arkansas Suicide Prevention Council, created under § 20-45-302 [repealed];

(25) The Arkansas Surgeon General, created under § 25-43-806 ;

(26) The Arkansas Tobacco Settlement Commission, created under § 19-12-117 ;

(27) The Board of Examiners in Speech-Language Pathology and Audiology, created under § 17-100-201 ;

(28) The Breast Cancer Control Advisory Board, created under § 20-15-1304 ;

(29) The Cervical Cancer Task Force, created under § 20-9-1102 ;

(30) The Child Health Advisory Committee, created under § 20-7-133 ;

(31) The Cosmetology Technical Advisory Committee, created under § 17-26-201 ;

(32) The Committee of Plumbing Examiners, created under § 17-38-202 ;

(33) The Drinking Water Advisory and Operator Licensing Committee, created under § 17-51-104 ;

(34) The Emergency Medical Services Advisory Council, created under § 20-13-205 ;

(35) The Health Services Permit Agency, created under § 20-8-104 ;

(36) The Health Services Permit Commission, created under § 20-8-102 ;

(37) The Marine Sanitation Advisory Committee, created under § 27-101-405 ;

(38) The Massage Therapy Technical Advisory Committee, created under § 17-86-201 ;

(39) The Medical Ionizing Radiation Licensure Committee, created under § 17-106-104 ;

(40) The Prescription Drug Monitoring Program Advisory Committee, created under § 20-7-605 ;

(41) The Prescriptive Authority Advisory Committee, created under § 17-87-205 ;

(42) The State Board of Examiners of Alcoholism and Drug Abuse Counselors, created under § 17-27-404 ;

(43) The State Board of Optometry, created under § 17-90-201 ;

(44) The State Board of Health, created under § 20-7-102 ;

(45) The State Hospice Office, created under § 20-7-117 ;

(46) The State Kidney Disease Commission, created under § 20-15-602 ;

(47) [Repealed.]

(48) The Tobacco Prevention and Cessation Program, created under § 19-12-113 ; and

(49) The Universal Newborn Hearing Screening, Tracking, and Intervention Advisory Board, created under § 20-15-1503 .

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

Amended by Act 2023, No. 365,§ 81, eff. 7/1/2023.

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-43-303 — AR Code / Title 25 / Chapter 43 / Subchapter 3 / Section 25-43-303
Secretary of the Department of Commerce - Definition
Status: in_force

(a) The executive head of the Department of Commerce shall be the Secretary of the Department of Commerce. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the Department of Commerce shall be under the direction, control, and supervision of the secretary, unless otherwise provided by law. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the Department of Commerce as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Commerce. (e) The secretary may, unless otherwise provided by law: (1) Hire Department of Commerce personnel; (2) Perform or assign duties assigned to the Department of Commerce; and (3) Be appointed as the director or the administrative or executive head of any state entity under the administrative control of the Department of Commerce if the secretary also meets all statutory requirements for the position. (f) (1) If the secretary meets all statutory requirements for the respective position, the secretary may serve as the interim or acting: (A) Insurance Commissioner; (B) Bank Commissioner; or (C) Securities Commissioner. (2) The secretary cannot be permanently appointed to any of the positions listed in subdivision (f)(1) of this section. (g) (1) The secretary shall delegate the authority to hire employees and to make employment contracts for work performed to the following officers for their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner. (2) The State Insurance Department, State Bank Department, and State Securities Department shall be subject to all executive orders by the Governor instituting a hiring freeze or restriction applicable to all cabinet-level departments. (3) When exercising his or her duties, the secretary shall work in consultation with the following officers with regard to their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner. (4) As used in subdivision (g)(3) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent. (h) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the Department of Commerce. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 2, eff. 7/28/2021. Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.

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

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

(c) Each division of the Department of Commerce shall be under the direction, control, and supervision of the secretary, unless otherwise provided by law.

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

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

(1) Hire Department of Commerce personnel;

(2) Perform or assign duties assigned to the Department of Commerce; and

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

(f) (1) If the secretary meets all statutory requirements for the respective position, the secretary may serve as the interim or acting: (A) Insurance Commissioner; (B) Bank Commissioner; or (C) Securities Commissioner. (2) The secretary cannot be permanently appointed to any of the positions listed in subdivision (f)(1) of this section.

(1) If the secretary meets all statutory requirements for the respective position, the secretary may serve as the interim or acting: (A) Insurance Commissioner; (B) Bank Commissioner; or (C) Securities Commissioner.

(A) Insurance Commissioner;

(B) Bank Commissioner; or

(C) Securities Commissioner.

(2) The secretary cannot be permanently appointed to any of the positions listed in subdivision (f)(1) of this section.

(g) (1) The secretary shall delegate the authority to hire employees and to make employment contracts for work performed to the following officers for their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner. (2) The State Insurance Department, State Bank Department, and State Securities Department shall be subject to all executive orders by the Governor instituting a hiring freeze or restriction applicable to all cabinet-level departments. (3) When exercising his or her duties, the secretary shall work in consultation with the following officers with regard to their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner. (4) As used in subdivision (g)(3) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.

(1) The secretary shall delegate the authority to hire employees and to make employment contracts for work performed to the following officers for their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner.

(A) The Insurance Commissioner;

(B) The Bank Commissioner; and

(C) The Securities Commissioner.

(2) The State Insurance Department, State Bank Department, and State Securities Department shall be subject to all executive orders by the Governor instituting a hiring freeze or restriction applicable to all cabinet-level departments.

(3) When exercising his or her duties, the secretary shall work in consultation with the following officers with regard to their respective departments: (A) The Insurance Commissioner; (B) The Bank Commissioner; and (C) The Securities Commissioner.

(A) The Insurance Commissioner;

(B) The Bank Commissioner; and

(C) The Securities Commissioner.

(4) As used in subdivision (g)(3) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.

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

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

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

Amended by Act 2021, No. 413,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Ark. Code Ann. § 25-20-415 — AR Code / Title 25 / Chapter 20 / Subchapter 4 / Section 25-20-415
Immunity
Status: in_force

(a) This subchapter does not abrogate or in any other manner affect the immunity under existing law of the participating municipal electric utilities. (b) The immunity shall extend also to any authority created under this subchapter and to each commissioner, officer, and employee thereof. Acts 2003, No. 366, § 1.

(a) This subchapter does not abrogate or in any other manner affect the immunity under existing law of the participating municipal electric utilities.

(b) The immunity shall extend also to any authority created under this subchapter and to each commissioner, officer, and employee thereof.

Acts 2003, No. 366, § 1.
Ark. Code Ann. § 25-19-103 — AR Code / Title 25 / Chapter 19 / Section 25-19-103
Definitions
Status: in_force

As used in this chapter: (1) (A) "Custodian", except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record. (B) "Custodian" does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others; (2) "Disaster recovery system" means an electronic data storage system implemented and maintained solely for the purpose of allowing a governmental unit or agency to recover operational systems and datasets following the occurrence of a catastrophe, including without limitation an act of war, an equipment failure, a cyber-attack, or a natural disaster such as a tornado, earthquake, or fire; (3) "Format" means the organization, arrangement, and form of electronic information for use, viewing, or storage; (4) "Medium" means the physical form or material on which records and information may be stored or represented and may include, but is not limited to, paper, microfilm, microform, computer disks and diskettes, optical disks, and magnetic tapes; (5) (A) "Municipally owned utility system" means a utility system owned or operated by a municipality that provides: (i) Electricity; (ii) Water; (iii) Wastewater; (iv) Cable television; or (v) Broadband service. (B) "Municipally owned utility system" includes without limitation a: (i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and (iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.; (6) "Public meetings" means the meetings of any bureau, commission, or agency of the state or any political subdivision of the state, including municipalities and counties, boards of education, and all other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds; (7) (A) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records. (B) "Public records" does not mean software acquired by purchase, lease, or license; (8) "Public water system" means all facilities composing a system for the collection, treatment, and delivery of drinking water to the general public, including without limitation reservoirs, pipelines, reclamation facilities, processing facilities, distribution facilities, and regional water distribution districts under The Regional Water Distribution District Act, § 14-116-101 et seq.; and (9) "Vulnerability assessment" means an assessment of the vulnerability of a public water system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the public water system to provide a safe and reliable supply of drinking water as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Pub. L. No. 107-188. Amended by Act 2015, No. 881,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 999,§ 4, eff. 4/2/2015. Amended by Act 2015, No. 186,§ 2, eff. 2/24/2015. Amended by Act 2013, No. 235,§ 1, eff. 8/16/2013. Acts 1967, No. 93, § 3; 1977, No. 652, § 1; 1981, No. 608, § 1; 1985, No. 468, § 1; A.S.A. 1947, § 12-2803; Acts 2001, No. 1653, § 1; 2003, No. 763, § 1; 2005, No. 259, § 1; 2007, No. 268, § 1; 2007, No. 998, § 1; 2009, No. 631, § 1; 2011, No. 99, § 1; 2011, No. 210, § 2.

As used in this chapter:

(1) (A) "Custodian", except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record. (B) "Custodian" does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others;

(A) "Custodian", except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record.

(B) "Custodian" does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others;

(2) "Disaster recovery system" means an electronic data storage system implemented and maintained solely for the purpose of allowing a governmental unit or agency to recover operational systems and datasets following the occurrence of a catastrophe, including without limitation an act of war, an equipment failure, a cyber-attack, or a natural disaster such as a tornado, earthquake, or fire;

(3) "Format" means the organization, arrangement, and form of electronic information for use, viewing, or storage;

(4) "Medium" means the physical form or material on which records and information may be stored or represented and may include, but is not limited to, paper, microfilm, microform, computer disks and diskettes, optical disks, and magnetic tapes;

(5) (A) "Municipally owned utility system" means a utility system owned or operated by a municipality that provides: (i) Electricity; (ii) Water; (iii) Wastewater; (iv) Cable television; or (v) Broadband service. (B) "Municipally owned utility system" includes without limitation a: (i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and (iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;

(A) "Municipally owned utility system" means a utility system owned or operated by a municipality that provides: (i) Electricity; (ii) Water; (iii) Wastewater; (iv) Cable television; or (v) Broadband service.

(i) Electricity;

(ii) Water;

(iii) Wastewater;

(iv) Cable television; or

(v) Broadband service.

(B) "Municipally owned utility system" includes without limitation a: (i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.; (ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and (iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;

(i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;

(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and

(iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;

(6) "Public meetings" means the meetings of any bureau, commission, or agency of the state or any political subdivision of the state, including municipalities and counties, boards of education, and all other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds;

(7) (A) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records. (B) "Public records" does not mean software acquired by purchase, lease, or license;

(A) "Public records" means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records.

(B) "Public records" does not mean software acquired by purchase, lease, or license;

(8) "Public water system" means all facilities composing a system for the collection, treatment, and delivery of drinking water to the general public, including without limitation reservoirs, pipelines, reclamation facilities, processing facilities, distribution facilities, and regional water distribution districts under The Regional Water Distribution District Act, § 14-116-101 et seq.; and

(9) "Vulnerability assessment" means an assessment of the vulnerability of a public water system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the public water system to provide a safe and reliable supply of drinking water as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Pub. L. No. 107-188.

Amended by Act 2015, No. 881,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 999,§ 4, eff. 4/2/2015.

Amended by Act 2015, No. 186,§ 2, eff. 2/24/2015.

Amended by Act 2013, No. 235,§ 1, eff. 8/16/2013.

Acts 1967, No. 93, § 3; 1977, No. 652, § 1; 1981, No. 608, § 1; 1985, No. 468, § 1; A.S.A. 1947, § 12-2803; Acts 2001, No. 1653, § 1; 2003, No. 763, § 1; 2005, No. 259, § 1; 2007, No. 268, § 1; 2007, No. 998, § 1; 2009, No. 631, § 1; 2011, No. 99, § 1; 2011, No. 210, § 2.
Ark. Code Ann. § 25-8-109 — AR Code / Title 25 / Chapter 8 / Section 25-8-109
Loans to marketing and redistribution
Status: in_force

In the event the moneys available in the Property Sales Holding Fund are not adequate during any month of each year of the fiscal biennium to meet the payroll commitments of the Marketing and Redistribution Section for the regular salaries and personal services matching appropriation, the Chief Fiscal Officer of the State is hereby authorized to make loans, from time to time as needed, from the Budget Stabilization Trust Fund to the Property Sales Holding Fund to provide the moneys required to meet the payroll and personal services matching appropriation requirements for any such month. Provided that, if at the end of each fiscal year the Property Sales Holding Fund did not receive sufficient income to repay the entire amount of any such moneys borrowed from the Budget Stabilization Trust Fund for the purposes as authorized herein, the Chief Fiscal Officer of the State is hereby authorized to transfer from the State Central Services Fund such amount as is necessary to reimburse the Budget Stabilization Trust Fund in behalf of loans made to the Property Sales Holding Fund to reimburse the Budget Stabilization Trust Fund for the amount of any such loan remaining unpaid at the end of each fiscal year. Amended by Act 2019, No. 910,§ 3572, eff. 7/1/2019. Acts 1999, No. 1428, § 24.

In the event the moneys available in the Property Sales Holding Fund are not adequate during any month of each year of the fiscal biennium to meet the payroll commitments of the Marketing and Redistribution Section for the regular salaries and personal services matching appropriation, the Chief Fiscal Officer of the State is hereby authorized to make loans, from time to time as needed, from the Budget Stabilization Trust Fund to the Property Sales Holding Fund to provide the moneys required to meet the payroll and personal services matching appropriation requirements for any such month. Provided that, if at the end of each fiscal year the Property Sales Holding Fund did not receive sufficient income to repay the entire amount of any such moneys borrowed from the Budget Stabilization Trust Fund for the purposes as authorized herein, the Chief Fiscal Officer of the State is hereby authorized to transfer from the State Central Services Fund such amount as is necessary to reimburse the Budget Stabilization Trust Fund in behalf of loans made to the Property Sales Holding Fund to reimburse the Budget Stabilization Trust Fund for the amount of any such loan remaining unpaid at the end of each fiscal year.

Amended by Act 2019, No. 910,§ 3572, eff. 7/1/2019.

Acts 1999, No. 1428, § 24.