Ark. Code Ann. § 19-5-205 — AR Code / Title 19 / Chapter 5 / Subchapter 2 / Section 19-5-205
Constitutional Officers Fund and State Central Services Fund
Status: in_force

(a) The elected constitutional officers and their departments of government as established by the Arkansas Constitution and certain state departments and employees of state departments are known and recognized as performing and rendering, either individually or collectively, services to every other state agency. The General Assembly declares that the services rendered are embraced under or by one (1) or more of the items or agencies as follows: (1) Services rendered by the legislative, judicial, and executive departments of the state as recognized by the Arkansas Constitution; (2) Services rendered by the Chief Fiscal Officer of the State for management of the state's resources relating to general fiscal affairs, administering the budget, accounting, purchasing, personnel, and other applicable fiscal laws; and (3) Those agencies supported from the State Central Services Fund, which collect the general revenue and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq., or such other laws as may be enacted by the General Assembly. (b) (1) Those departments and activities of the state which perform the services as set out in subdivision (a)(1) of this section are declared to be the following: (A) The General Assembly, including State Capitol renovation of the General Assembly quarters, Senate and House of Representatives legislative session staff, interim expenses incurred by members of the Senate and House of Representatives, and the appropriations contained in the general appropriation bill made for services of the General Assembly; (B) The Governor; (C) The Lieutenant Governor; (D) The Secretary of State; (E) The Attorney General; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) The Auditor of State; (I) The Supreme Court; (J) The Court of Appeals; and (K) The circuit courts and prosecuting attorneys. (2) Those agencies and activities of the state which perform the services as set out in subdivisions (a)(2) and (3) of this section are declared to be the following: (A) Senate and House of Representatives interim staff; (B) The Bureau of Legislative Research, and interim committee and interim committee study expenses of the Legislative Council; (C) Arkansas Legislative Audit; (D) Grants and contributions for the Commission on Interstate Cooperation [abolished]; (E) The Secretary of State; (F) Office of Administrative Services of the Department of Finance and Administration and Revenue Division of the Department of Finance and Administration; (G) The Administrative Office of the Courts; (H) The Office of the Prosecutor Coordinator; (I) The Arkansas Governor's Mansion Commission; (J) The Arkansas State Claims Commission; and (K) Other activities supporting the legislative, executive, and judicial departments. (c) (1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Constitutional Officers Fund", there to be used for the maintenance, operation, and improvements of those departments and activities as set out in subdivision (b)(1) of this section unless specific and separate funds are otherwise provided therefor. (B) The Constitutional Officers Fund shall consist of: (i) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net general revenue deposited into the State Treasury; (ii) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; and (iii) One-third (1/3) of the amount produced from the one and one-half percent (1.5%) deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution. (C) (i) Any balance which remains in the Constitutional Officers Fund at the end of a fiscal year which exceeds seven percent (7%) of the anticipated obligations from the Constitutional Officers Fund for the fiscal year just ended or which is estimated to be available for the fiscal year may be transferred from time to time to the State Central Services Fund for use in the next fiscal year. (ii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is less than the actual balance on June 30, the difference shall be transferred to the State Central Services Fund on or before August 1. (iii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is higher than the actual balance on June 30, the difference shall be transferred from the State Central Services Fund to the Constitutional Officers Fund on or before August 1. (2) The Constitutional Officers Fund shall also be used to allow the payment of claims for judges due to overpayments into the Arkansas Judicial Retirement System prior to the enactment of §§ 24-6-204 and 24-8-201 - 24-8-211 by transfer to the Judges Retirement Fund in such amounts as may be appropriated by the General Assembly. (d) (1) Facts before the General Assembly drawn from statistical computations, comparisons, and related data, taken over a period of many years in the past, are conclusive of the proposition that the cost of the services rendered by the agencies set out in subsection (b) of this section have amounted to not less than three percent (3%) of the total general revenues and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq. (2) It is therefore declared to be the policy of the State of Arkansas that every agency supported in whole or in part from the general revenues or special revenues deposited into the State Treasury shall contribute to the support of the services rendered by the agencies set out in subsection (b) of this section. (3) The purposes for which the taxes, licenses, or fees and other income defined to be general revenues or special revenues are raised and collected shall be deemed to include the services as defined in this section. (e) (1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Central Services Fund", there to be used for the maintenance, operation, and improvements of those agencies and activities as set out in subdivision (b)(2) of this section unless specific and separate funds are otherwise provided therefor. (B) The State Central Services Fund shall consist of: (i) Those special revenues as specified in § 19-6-301(9), (11), (19), (21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88), (89), (91), (96) , (116), (118), (120), (124), (149), (188), (231), (244), (246), (247), (266), and (267) and eight percent (8%) of those special revenues as set out in § 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.; (ii) The amount produced from the deduction from the net general revenues deposited into the State Treasury; (iii) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; (iv) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution; (v) All earnings and income collected by any of those agencies set out in subsection (b) of this section; (vi) Funds received from federal funds on account of indirect cost reimbursement collected under a statewide indirect cost allocation plan and paid to any of the agencies set out in subsection (b) of this section; (vii) Any other funds received from the United States Government granted specifically to the agencies as set out in subsection (b) of this section, unless otherwise required by the grantor federal agency; (viii) Interest earned on Social Security trust funds which are remitted to the Arkansas Public Employees' Retirement System and held in banks until transmitted to the Social Security Administration; (ix) Reimbursements by transfer from the Ad Valorem Tax Fund on account of expenditures made to Arkansas Legislative Audit; (x) Such general revenues as may be provided by the General Assembly; (xi) One and one-half percent (1.5%) of those cash funds of those state agencies as defined in § 19-5-206 ; (xii) Such fund balances as may exist on June 30, 1995, in the Public Defender Fund [repealed] and all such funds as may accrue to and be transferred from the Public Defender Fund [repealed] by the Treasurer of State on the last day of each month; (xiii) Moneys transferred or deposited from the State Administration of Justice Fund for the benefit of the Arkansas Public Defender Commission; (xiv) Public defender attorney's fees to be used solely to defray costs for the Arkansas Public Defender Commission as set out in § 5-4-303(g)(2)(A) ; (xv) Public defender user fees to be used to defray the costs of the public defender system, § 16-87-213 ; (xvi) That portion of nonrefundable fees charged by bail bond companies for the Arkansas Public Defender Commission, § 17-19-301(e) ; (xvii) The first one hundred thousand dollars ($100,000) collected in taxes and penalties under § 26-26-1614 and deposited as nonrevenue receipts during each fiscal year for use by the Revenue Division of the Department of Finance and Administration, § 26-26-1616 ; and (xviii) Revenues from the real property transfer tax distributed under § 26-60-112(b)(2)(B)(i) . (2) If required to help meet the commitments of the State Central Services Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Central Services Fund. (3) (A) After all other deductions and transfers from other sources authorized by law have been made available to the State Central Services Fund, the Chief Fiscal Officer of the State shall transfer such additional amounts as may be required from the General Revenue Fund Account to the State Central Services Fund to fully finance the expenditures and obligations from the appropriations set out in this section. (B) (i) The amount of the transfer shall be determined by subtracting the total of all estimated expenditures from the State Central Services Fund from the total resources available to the State Central Services Fund without a transfer of general revenue. (ii) Then the result shall be multiplied by the proportion that the estimated expenditures for the budgets as set out in subdivision (e)(3)(C) of this section bears to the total of all the estimated expenditures from the State Central Services Fund. (iii) The product shall be the amount of general revenue required to meet the expenditures and commitments of the agencies and budget set out in subdivision (e)(3)(C) of this section. (C) The appropriations to which this subdivision (e)(3) applies are determined to be the: (i) House of Representatives; (ii) Senate; (iii) Arkansas Legislative Audit; (iv) Bureau of Legislative Research; (v) Bureau of Legislative Research - Disbursing Officer; (vi) Court of Appeals; (vii) Administrative Office of the Courts - Operations; (viii) Supreme Court; (ix) Governor; (x) Lieutenant Governor; (xi) Attorney General; (xii) Auditor of State - Operations; (xiii) Commissioner of State Lands; (xiv) Secretary of State; (xv) Treasurer of State; (xvi) Department of Finance and Administration - Division of Administrative Services: (a) Director's Office; (b) Director's Office - Office of Economic Analysis and Tax Research; (c) Office of Accounting; (d) Office of Budget; (e) Office of Personnel Management [transferred]; and (f) Office of Administrative Services - Office of Information Services; and (xvii) Department of Finance and Administration - Revenue Division. (D) The Chief Fiscal Officer of the State shall notify the disbursing officers of the appropriations from the State Central Services Fund not enumerated in subdivision (e)(3)(C) of this section of the amount of their portion of any reduction required from their authorized appropriations in order to maintain the State Central Services Fund with a projected positive balance. (E) In no event shall any funds or appropriations for that particular disbursing agency enumerated in subdivision (e)(3)(C) of this section be affected if a deficit occurs in other State Central Services Fund appropriations or funds not enumerated in subdivision (e)(3)(C) of this section for that particular disbursing agency. Amended by Act 2022, No. 206,§ 9, eff. 7/1/2022. Amended by Act 2019, No. 733,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1145,§ 2, eff. 7/1/2015. Amended by Act 2015, No. 1144,§ 2, eff. 7/1/2015. Amended by Act 2013, No. 1517,§ 1, eff. 7/1/2013. Amended by Act 2013, No. 1516,§ 1, eff. 7/1/2013. Acts 1973, No. 750, § 5; 1979, No. 1013, § 1; 1983, No. 392, § 2; 1983, No. 801, § 3; 1985, No. 888, §§ 1, 2; 1985 (1st Ex. Sess.), No. 3, § 1; A.S.A. 1947, §§ 13-511, 13-511.1; Acts 1987, No. 945, § 3; 1987 (1st Ex. Sess.), No. 24, § 2; 1989, No. 629, § 1; 1991, No. 1135, § 1; 1995, No. 1021, § 1; 1995, No. 1163, §§ 1, 2; 1997, No. 1248, §§ 1, 2; 1997, No. 1355, § 15; 1999, No. 904, § 16; 1999, No. 1463, § 1; 2001, No. 1646, § 1; 2003, No. 1022, § 3; 2003 (1st Ex. Sess.), No. 55, §§ 1, 26; 2005, No. 196, § 9; 2005, No. 2282, §§ 1, 2; 2005, No. 2316, §§ 1, 2; 2007, No. 1032, § 1; 2007, No. 1201, § 1; 2010, No. 262, § 1; 2010, No. 296, § 1; 2011, No. 1136, § 1. See Act 2015, No. 1145, § 11.

(a) The elected constitutional officers and their departments of government as established by the Arkansas Constitution and certain state departments and employees of state departments are known and recognized as performing and rendering, either individually or collectively, services to every other state agency. The General Assembly declares that the services rendered are embraced under or by one (1) or more of the items or agencies as follows: (1) Services rendered by the legislative, judicial, and executive departments of the state as recognized by the Arkansas Constitution; (2) Services rendered by the Chief Fiscal Officer of the State for management of the state's resources relating to general fiscal affairs, administering the budget, accounting, purchasing, personnel, and other applicable fiscal laws; and (3) Those agencies supported from the State Central Services Fund, which collect the general revenue and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq., or such other laws as may be enacted by the General Assembly.

(1) Services rendered by the legislative, judicial, and executive departments of the state as recognized by the Arkansas Constitution;

(2) Services rendered by the Chief Fiscal Officer of the State for management of the state's resources relating to general fiscal affairs, administering the budget, accounting, purchasing, personnel, and other applicable fiscal laws; and

(3) Those agencies supported from the State Central Services Fund, which collect the general revenue and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq., or such other laws as may be enacted by the General Assembly.

(b) (1) Those departments and activities of the state which perform the services as set out in subdivision (a)(1) of this section are declared to be the following: (A) The General Assembly, including State Capitol renovation of the General Assembly quarters, Senate and House of Representatives legislative session staff, interim expenses incurred by members of the Senate and House of Representatives, and the appropriations contained in the general appropriation bill made for services of the General Assembly; (B) The Governor; (C) The Lieutenant Governor; (D) The Secretary of State; (E) The Attorney General; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) The Auditor of State; (I) The Supreme Court; (J) The Court of Appeals; and (K) The circuit courts and prosecuting attorneys. (2) Those agencies and activities of the state which perform the services as set out in subdivisions (a)(2) and (3) of this section are declared to be the following: (A) Senate and House of Representatives interim staff; (B) The Bureau of Legislative Research, and interim committee and interim committee study expenses of the Legislative Council; (C) Arkansas Legislative Audit; (D) Grants and contributions for the Commission on Interstate Cooperation [abolished]; (E) The Secretary of State; (F) Office of Administrative Services of the Department of Finance and Administration and Revenue Division of the Department of Finance and Administration; (G) The Administrative Office of the Courts; (H) The Office of the Prosecutor Coordinator; (I) The Arkansas Governor's Mansion Commission; (J) The Arkansas State Claims Commission; and (K) Other activities supporting the legislative, executive, and judicial departments.

(1) Those departments and activities of the state which perform the services as set out in subdivision (a)(1) of this section are declared to be the following: (A) The General Assembly, including State Capitol renovation of the General Assembly quarters, Senate and House of Representatives legislative session staff, interim expenses incurred by members of the Senate and House of Representatives, and the appropriations contained in the general appropriation bill made for services of the General Assembly; (B) The Governor; (C) The Lieutenant Governor; (D) The Secretary of State; (E) The Attorney General; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) The Auditor of State; (I) The Supreme Court; (J) The Court of Appeals; and (K) The circuit courts and prosecuting attorneys.

(A) The General Assembly, including State Capitol renovation of the General Assembly quarters, Senate and House of Representatives legislative session staff, interim expenses incurred by members of the Senate and House of Representatives, and the appropriations contained in the general appropriation bill made for services of the General Assembly;

(B) The Governor;

(C) The Lieutenant Governor;

(D) The Secretary of State;

(E) The Attorney General;

(F) The Treasurer of State;

(G) The Commissioner of State Lands;

(H) The Auditor of State;

(I) The Supreme Court;

(J) The Court of Appeals; and

(K) The circuit courts and prosecuting attorneys.

(2) Those agencies and activities of the state which perform the services as set out in subdivisions (a)(2) and (3) of this section are declared to be the following: (A) Senate and House of Representatives interim staff; (B) The Bureau of Legislative Research, and interim committee and interim committee study expenses of the Legislative Council; (C) Arkansas Legislative Audit; (D) Grants and contributions for the Commission on Interstate Cooperation [abolished]; (E) The Secretary of State; (F) Office of Administrative Services of the Department of Finance and Administration and Revenue Division of the Department of Finance and Administration; (G) The Administrative Office of the Courts; (H) The Office of the Prosecutor Coordinator; (I) The Arkansas Governor's Mansion Commission; (J) The Arkansas State Claims Commission; and (K) Other activities supporting the legislative, executive, and judicial departments.

(A) Senate and House of Representatives interim staff;

(B) The Bureau of Legislative Research, and interim committee and interim committee study expenses of the Legislative Council;

(C) Arkansas Legislative Audit;

(D) Grants and contributions for the Commission on Interstate Cooperation [abolished];

(E) The Secretary of State;

(F) Office of Administrative Services of the Department of Finance and Administration and Revenue Division of the Department of Finance and Administration;

(G) The Administrative Office of the Courts;

(H) The Office of the Prosecutor Coordinator;

(I) The Arkansas Governor's Mansion Commission;

(J) The Arkansas State Claims Commission; and

(K) Other activities supporting the legislative, executive, and judicial departments.

(c) (1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Constitutional Officers Fund", there to be used for the maintenance, operation, and improvements of those departments and activities as set out in subdivision (b)(1) of this section unless specific and separate funds are otherwise provided therefor. (B) The Constitutional Officers Fund shall consist of: (i) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net general revenue deposited into the State Treasury; (ii) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; and (iii) One-third (1/3) of the amount produced from the one and one-half percent (1.5%) deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution. (C) (i) Any balance which remains in the Constitutional Officers Fund at the end of a fiscal year which exceeds seven percent (7%) of the anticipated obligations from the Constitutional Officers Fund for the fiscal year just ended or which is estimated to be available for the fiscal year may be transferred from time to time to the State Central Services Fund for use in the next fiscal year. (ii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is less than the actual balance on June 30, the difference shall be transferred to the State Central Services Fund on or before August 1. (iii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is higher than the actual balance on June 30, the difference shall be transferred from the State Central Services Fund to the Constitutional Officers Fund on or before August 1. (2) The Constitutional Officers Fund shall also be used to allow the payment of claims for judges due to overpayments into the Arkansas Judicial Retirement System prior to the enactment of §§ 24-6-204 and 24-8-201 - 24-8-211 by transfer to the Judges Retirement Fund in such amounts as may be appropriated by the General Assembly.

(1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Constitutional Officers Fund", there to be used for the maintenance, operation, and improvements of those departments and activities as set out in subdivision (b)(1) of this section unless specific and separate funds are otherwise provided therefor. (B) The Constitutional Officers Fund shall consist of: (i) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net general revenue deposited into the State Treasury; (ii) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; and (iii) One-third (1/3) of the amount produced from the one and one-half percent (1.5%) deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution. (C) (i) Any balance which remains in the Constitutional Officers Fund at the end of a fiscal year which exceeds seven percent (7%) of the anticipated obligations from the Constitutional Officers Fund for the fiscal year just ended or which is estimated to be available for the fiscal year may be transferred from time to time to the State Central Services Fund for use in the next fiscal year. (ii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is less than the actual balance on June 30, the difference shall be transferred to the State Central Services Fund on or before August 1. (iii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is higher than the actual balance on June 30, the difference shall be transferred from the State Central Services Fund to the Constitutional Officers Fund on or before August 1.

(A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Constitutional Officers Fund", there to be used for the maintenance, operation, and improvements of those departments and activities as set out in subdivision (b)(1) of this section unless specific and separate funds are otherwise provided therefor.

(B) The Constitutional Officers Fund shall consist of: (i) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net general revenue deposited into the State Treasury; (ii) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; and (iii) One-third (1/3) of the amount produced from the one and one-half percent (1.5%) deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution.

(i) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net general revenue deposited into the State Treasury;

(ii) One-third (1/3) of the amount produced from the three percent (3%) deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; and

(iii) One-third (1/3) of the amount produced from the one and one-half percent (1.5%) deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution.

(C) (i) Any balance which remains in the Constitutional Officers Fund at the end of a fiscal year which exceeds seven percent (7%) of the anticipated obligations from the Constitutional Officers Fund for the fiscal year just ended or which is estimated to be available for the fiscal year may be transferred from time to time to the State Central Services Fund for use in the next fiscal year. (ii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is less than the actual balance on June 30, the difference shall be transferred to the State Central Services Fund on or before August 1. (iii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is higher than the actual balance on June 30, the difference shall be transferred from the State Central Services Fund to the Constitutional Officers Fund on or before August 1.

(i) Any balance which remains in the Constitutional Officers Fund at the end of a fiscal year which exceeds seven percent (7%) of the anticipated obligations from the Constitutional Officers Fund for the fiscal year just ended or which is estimated to be available for the fiscal year may be transferred from time to time to the State Central Services Fund for use in the next fiscal year.

(ii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is less than the actual balance on June 30, the difference shall be transferred to the State Central Services Fund on or before August 1.

(iii) If the funds transferred to the State Central Services Fund are based on an estimated balance which is higher than the actual balance on June 30, the difference shall be transferred from the State Central Services Fund to the Constitutional Officers Fund on or before August 1.

(2) The Constitutional Officers Fund shall also be used to allow the payment of claims for judges due to overpayments into the Arkansas Judicial Retirement System prior to the enactment of §§ 24-6-204 and 24-8-201 - 24-8-211 by transfer to the Judges Retirement Fund in such amounts as may be appropriated by the General Assembly.

(d) (1) Facts before the General Assembly drawn from statistical computations, comparisons, and related data, taken over a period of many years in the past, are conclusive of the proposition that the cost of the services rendered by the agencies set out in subsection (b) of this section have amounted to not less than three percent (3%) of the total general revenues and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq. (2) It is therefore declared to be the policy of the State of Arkansas that every agency supported in whole or in part from the general revenues or special revenues deposited into the State Treasury shall contribute to the support of the services rendered by the agencies set out in subsection (b) of this section. (3) The purposes for which the taxes, licenses, or fees and other income defined to be general revenues or special revenues are raised and collected shall be deemed to include the services as defined in this section.

(1) Facts before the General Assembly drawn from statistical computations, comparisons, and related data, taken over a period of many years in the past, are conclusive of the proposition that the cost of the services rendered by the agencies set out in subsection (b) of this section have amounted to not less than three percent (3%) of the total general revenues and special revenues as defined in the Revenue Classification Law, § 19-6-101 et seq.

(2) It is therefore declared to be the policy of the State of Arkansas that every agency supported in whole or in part from the general revenues or special revenues deposited into the State Treasury shall contribute to the support of the services rendered by the agencies set out in subsection (b) of this section.

(3) The purposes for which the taxes, licenses, or fees and other income defined to be general revenues or special revenues are raised and collected shall be deemed to include the services as defined in this section.

(e) (1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Central Services Fund", there to be used for the maintenance, operation, and improvements of those agencies and activities as set out in subdivision (b)(2) of this section unless specific and separate funds are otherwise provided therefor. (B) The State Central Services Fund shall consist of: (i) Those special revenues as specified in § 19-6-301(9), (11), (19), (21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88), (89), (91), (96) , (116), (118), (120), (124), (149), (188), (231), (244), (246), (247), (266), and (267) and eight percent (8%) of those special revenues as set out in § 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.; (ii) The amount produced from the deduction from the net general revenues deposited into the State Treasury; (iii) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; (iv) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution; (v) All earnings and income collected by any of those agencies set out in subsection (b) of this section; (vi) Funds received from federal funds on account of indirect cost reimbursement collected under a statewide indirect cost allocation plan and paid to any of the agencies set out in subsection (b) of this section; (vii) Any other funds received from the United States Government granted specifically to the agencies as set out in subsection (b) of this section, unless otherwise required by the grantor federal agency; (viii) Interest earned on Social Security trust funds which are remitted to the Arkansas Public Employees' Retirement System and held in banks until transmitted to the Social Security Administration; (ix) Reimbursements by transfer from the Ad Valorem Tax Fund on account of expenditures made to Arkansas Legislative Audit; (x) Such general revenues as may be provided by the General Assembly; (xi) One and one-half percent (1.5%) of those cash funds of those state agencies as defined in § 19-5-206 ; (xii) Such fund balances as may exist on June 30, 1995, in the Public Defender Fund [repealed] and all such funds as may accrue to and be transferred from the Public Defender Fund [repealed] by the Treasurer of State on the last day of each month; (xiii) Moneys transferred or deposited from the State Administration of Justice Fund for the benefit of the Arkansas Public Defender Commission; (xiv) Public defender attorney's fees to be used solely to defray costs for the Arkansas Public Defender Commission as set out in § 5-4-303(g)(2)(A) ; (xv) Public defender user fees to be used to defray the costs of the public defender system, § 16-87-213 ; (xvi) That portion of nonrefundable fees charged by bail bond companies for the Arkansas Public Defender Commission, § 17-19-301(e) ; (xvii) The first one hundred thousand dollars ($100,000) collected in taxes and penalties under § 26-26-1614 and deposited as nonrevenue receipts during each fiscal year for use by the Revenue Division of the Department of Finance and Administration, § 26-26-1616 ; and (xviii) Revenues from the real property transfer tax distributed under § 26-60-112(b)(2)(B)(i) . (2) If required to help meet the commitments of the State Central Services Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Central Services Fund. (3) (A) After all other deductions and transfers from other sources authorized by law have been made available to the State Central Services Fund, the Chief Fiscal Officer of the State shall transfer such additional amounts as may be required from the General Revenue Fund Account to the State Central Services Fund to fully finance the expenditures and obligations from the appropriations set out in this section. (B) (i) The amount of the transfer shall be determined by subtracting the total of all estimated expenditures from the State Central Services Fund from the total resources available to the State Central Services Fund without a transfer of general revenue. (ii) Then the result shall be multiplied by the proportion that the estimated expenditures for the budgets as set out in subdivision (e)(3)(C) of this section bears to the total of all the estimated expenditures from the State Central Services Fund. (iii) The product shall be the amount of general revenue required to meet the expenditures and commitments of the agencies and budget set out in subdivision (e)(3)(C) of this section. (C) The appropriations to which this subdivision (e)(3) applies are determined to be the: (i) House of Representatives; (ii) Senate; (iii) Arkansas Legislative Audit; (iv) Bureau of Legislative Research; (v) Bureau of Legislative Research - Disbursing Officer; (vi) Court of Appeals; (vii) Administrative Office of the Courts - Operations; (viii) Supreme Court; (ix) Governor; (x) Lieutenant Governor; (xi) Attorney General; (xii) Auditor of State - Operations; (xiii) Commissioner of State Lands; (xiv) Secretary of State; (xv) Treasurer of State; (xvi) Department of Finance and Administration - Division of Administrative Services: (a) Director's Office; (b) Director's Office - Office of Economic Analysis and Tax Research; (c) Office of Accounting; (d) Office of Budget; (e) Office of Personnel Management [transferred]; and (f) Office of Administrative Services - Office of Information Services; and (xvii) Department of Finance and Administration - Revenue Division. (D) The Chief Fiscal Officer of the State shall notify the disbursing officers of the appropriations from the State Central Services Fund not enumerated in subdivision (e)(3)(C) of this section of the amount of their portion of any reduction required from their authorized appropriations in order to maintain the State Central Services Fund with a projected positive balance. (E) In no event shall any funds or appropriations for that particular disbursing agency enumerated in subdivision (e)(3)(C) of this section be affected if a deficit occurs in other State Central Services Fund appropriations or funds not enumerated in subdivision (e)(3)(C) of this section for that particular disbursing agency.

(1) (A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Central Services Fund", there to be used for the maintenance, operation, and improvements of those agencies and activities as set out in subdivision (b)(2) of this section unless specific and separate funds are otherwise provided therefor. (B) The State Central Services Fund shall consist of: (i) Those special revenues as specified in § 19-6-301(9), (11), (19), (21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88), (89), (91), (96) , (116), (118), (120), (124), (149), (188), (231), (244), (246), (247), (266), and (267) and eight percent (8%) of those special revenues as set out in § 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.; (ii) The amount produced from the deduction from the net general revenues deposited into the State Treasury; (iii) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; (iv) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution; (v) All earnings and income collected by any of those agencies set out in subsection (b) of this section; (vi) Funds received from federal funds on account of indirect cost reimbursement collected under a statewide indirect cost allocation plan and paid to any of the agencies set out in subsection (b) of this section; (vii) Any other funds received from the United States Government granted specifically to the agencies as set out in subsection (b) of this section, unless otherwise required by the grantor federal agency; (viii) Interest earned on Social Security trust funds which are remitted to the Arkansas Public Employees' Retirement System and held in banks until transmitted to the Social Security Administration; (ix) Reimbursements by transfer from the Ad Valorem Tax Fund on account of expenditures made to Arkansas Legislative Audit; (x) Such general revenues as may be provided by the General Assembly; (xi) One and one-half percent (1.5%) of those cash funds of those state agencies as defined in § 19-5-206 ; (xii) Such fund balances as may exist on June 30, 1995, in the Public Defender Fund [repealed] and all such funds as may accrue to and be transferred from the Public Defender Fund [repealed] by the Treasurer of State on the last day of each month; (xiii) Moneys transferred or deposited from the State Administration of Justice Fund for the benefit of the Arkansas Public Defender Commission; (xiv) Public defender attorney's fees to be used solely to defray costs for the Arkansas Public Defender Commission as set out in § 5-4-303(g)(2)(A) ; (xv) Public defender user fees to be used to defray the costs of the public defender system, § 16-87-213 ; (xvi) That portion of nonrefundable fees charged by bail bond companies for the Arkansas Public Defender Commission, § 17-19-301(e) ; (xvii) The first one hundred thousand dollars ($100,000) collected in taxes and penalties under § 26-26-1614 and deposited as nonrevenue receipts during each fiscal year for use by the Revenue Division of the Department of Finance and Administration, § 26-26-1616 ; and (xviii) Revenues from the real property transfer tax distributed under § 26-60-112(b)(2)(B)(i) .

(A) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Central Services Fund", there to be used for the maintenance, operation, and improvements of those agencies and activities as set out in subdivision (b)(2) of this section unless specific and separate funds are otherwise provided therefor.

(B) The State Central Services Fund shall consist of: (i) Those special revenues as specified in § 19-6-301(9), (11), (19), (21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88), (89), (91), (96) , (116), (118), (120), (124), (149), (188), (231), (244), (246), (247), (266), and (267) and eight percent (8%) of those special revenues as set out in § 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.; (ii) The amount produced from the deduction from the net general revenues deposited into the State Treasury; (iii) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section; (iv) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution; (v) All earnings and income collected by any of those agencies set out in subsection (b) of this section; (vi) Funds received from federal funds on account of indirect cost reimbursement collected under a statewide indirect cost allocation plan and paid to any of the agencies set out in subsection (b) of this section; (vii) Any other funds received from the United States Government granted specifically to the agencies as set out in subsection (b) of this section, unless otherwise required by the grantor federal agency; (viii) Interest earned on Social Security trust funds which are remitted to the Arkansas Public Employees' Retirement System and held in banks until transmitted to the Social Security Administration; (ix) Reimbursements by transfer from the Ad Valorem Tax Fund on account of expenditures made to Arkansas Legislative Audit; (x) Such general revenues as may be provided by the General Assembly; (xi) One and one-half percent (1.5%) of those cash funds of those state agencies as defined in § 19-5-206 ; (xii) Such fund balances as may exist on June 30, 1995, in the Public Defender Fund [repealed] and all such funds as may accrue to and be transferred from the Public Defender Fund [repealed] by the Treasurer of State on the last day of each month; (xiii) Moneys transferred or deposited from the State Administration of Justice Fund for the benefit of the Arkansas Public Defender Commission; (xiv) Public defender attorney's fees to be used solely to defray costs for the Arkansas Public Defender Commission as set out in § 5-4-303(g)(2)(A) ; (xv) Public defender user fees to be used to defray the costs of the public defender system, § 16-87-213 ; (xvi) That portion of nonrefundable fees charged by bail bond companies for the Arkansas Public Defender Commission, § 17-19-301(e) ; (xvii) The first one hundred thousand dollars ($100,000) collected in taxes and penalties under § 26-26-1614 and deposited as nonrevenue receipts during each fiscal year for use by the Revenue Division of the Department of Finance and Administration, § 26-26-1616 ; and (xviii) Revenues from the real property transfer tax distributed under § 26-60-112(b)(2)(B)(i) .

(i) Those special revenues as specified in § 19-6-301(9), (11), (19), (21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88), (89), (91), (96) , (116), (118), (120), (124), (149), (188), (231), (244), (246), (247), (266), and (267) and eight percent (8%) of those special revenues as set out in § 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.;

(ii) The amount produced from the deduction from the net general revenues deposited into the State Treasury;

(iii) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by the agencies set out in subsection (b) of this section;

(iv) The amount produced from the deduction from the net special revenues collected and deposited into the State Treasury by any other state agency, department, board, commission, or institution;

(v) All earnings and income collected by any of those agencies set out in subsection (b) of this section;

(vi) Funds received from federal funds on account of indirect cost reimbursement collected under a statewide indirect cost allocation plan and paid to any of the agencies set out in subsection (b) of this section;

(vii) Any other funds received from the United States Government granted specifically to the agencies as set out in subsection (b) of this section, unless otherwise required by the grantor federal agency;

(viii) Interest earned on Social Security trust funds which are remitted to the Arkansas Public Employees' Retirement System and held in banks until transmitted to the Social Security Administration;

(ix) Reimbursements by transfer from the Ad Valorem Tax Fund on account of expenditures made to Arkansas Legislative Audit;

(x) Such general revenues as may be provided by the General Assembly;

(xi) One and one-half percent (1.5%) of those cash funds of those state agencies as defined in § 19-5-206 ;

(xii) Such fund balances as may exist on June 30, 1995, in the Public Defender Fund [repealed] and all such funds as may accrue to and be transferred from the Public Defender Fund [repealed] by the Treasurer of State on the last day of each month;

(xiii) Moneys transferred or deposited from the State Administration of Justice Fund for the benefit of the Arkansas Public Defender Commission;

(xiv) Public defender attorney's fees to be used solely to defray costs for the Arkansas Public Defender Commission as set out in § 5-4-303(g)(2)(A) ;

(xv) Public defender user fees to be used to defray the costs of the public defender system, § 16-87-213 ;

(xvi) That portion of nonrefundable fees charged by bail bond companies for the Arkansas Public Defender Commission, § 17-19-301(e) ;

(xvii) The first one hundred thousand dollars ($100,000) collected in taxes and penalties under § 26-26-1614 and deposited as nonrevenue receipts during each fiscal year for use by the Revenue Division of the Department of Finance and Administration, § 26-26-1616 ; and

(xviii) Revenues from the real property transfer tax distributed under § 26-60-112(b)(2)(B)(i) .

(2) If required to help meet the commitments of the State Central Services Fund and if funds are determined to be available, the Chief Fiscal Officer of the State may transfer a sum not to exceed four million dollars ($4,000,000) during any fiscal year from the Budget Stabilization Trust Fund to the State Central Services Fund.

(3) (A) After all other deductions and transfers from other sources authorized by law have been made available to the State Central Services Fund, the Chief Fiscal Officer of the State shall transfer such additional amounts as may be required from the General Revenue Fund Account to the State Central Services Fund to fully finance the expenditures and obligations from the appropriations set out in this section. (B) (i) The amount of the transfer shall be determined by subtracting the total of all estimated expenditures from the State Central Services Fund from the total resources available to the State Central Services Fund without a transfer of general revenue. (ii) Then the result shall be multiplied by the proportion that the estimated expenditures for the budgets as set out in subdivision (e)(3)(C) of this section bears to the total of all the estimated expenditures from the State Central Services Fund. (iii) The product shall be the amount of general revenue required to meet the expenditures and commitments of the agencies and budget set out in subdivision (e)(3)(C) of this section. (C) The appropriations to which this subdivision (e)(3) applies are determined to be the: (i) House of Representatives; (ii) Senate; (iii) Arkansas Legislative Audit; (iv) Bureau of Legislative Research; (v) Bureau of Legislative Research - Disbursing Officer; (vi) Court of Appeals; (vii) Administrative Office of the Courts - Operations; (viii) Supreme Court; (ix) Governor; (x) Lieutenant Governor; (xi) Attorney General; (xii) Auditor of State - Operations; (xiii) Commissioner of State Lands; (xiv) Secretary of State; (xv) Treasurer of State; (xvi) Department of Finance and Administration - Division of Administrative Services: (a) Director's Office; (b) Director's Office - Office of Economic Analysis and Tax Research; (c) Office of Accounting; (d) Office of Budget; (e) Office of Personnel Management [transferred]; and (f) Office of Administrative Services - Office of Information Services; and (xvii) Department of Finance and Administration - Revenue Division. (D) The Chief Fiscal Officer of the State shall notify the disbursing officers of the appropriations from the State Central Services Fund not enumerated in subdivision (e)(3)(C) of this section of the amount of their portion of any reduction required from their authorized appropriations in order to maintain the State Central Services Fund with a projected positive balance. (E) In no event shall any funds or appropriations for that particular disbursing agency enumerated in subdivision (e)(3)(C) of this section be affected if a deficit occurs in other State Central Services Fund appropriations or funds not enumerated in subdivision (e)(3)(C) of this section for that particular disbursing agency.

(A) After all other deductions and transfers from other sources authorized by law have been made available to the State Central Services Fund, the Chief Fiscal Officer of the State shall transfer such additional amounts as may be required from the General Revenue Fund Account to the State Central Services Fund to fully finance the expenditures and obligations from the appropriations set out in this section.

(B) (i) The amount of the transfer shall be determined by subtracting the total of all estimated expenditures from the State Central Services Fund from the total resources available to the State Central Services Fund without a transfer of general revenue. (ii) Then the result shall be multiplied by the proportion that the estimated expenditures for the budgets as set out in subdivision (e)(3)(C) of this section bears to the total of all the estimated expenditures from the State Central Services Fund. (iii) The product shall be the amount of general revenue required to meet the expenditures and commitments of the agencies and budget set out in subdivision (e)(3)(C) of this section.

(i) The amount of the transfer shall be determined by subtracting the total of all estimated expenditures from the State Central Services Fund from the total resources available to the State Central Services Fund without a transfer of general revenue.

(ii) Then the result shall be multiplied by the proportion that the estimated expenditures for the budgets as set out in subdivision (e)(3)(C) of this section bears to the total of all the estimated expenditures from the State Central Services Fund.

(iii) The product shall be the amount of general revenue required to meet the expenditures and commitments of the agencies and budget set out in subdivision (e)(3)(C) of this section.

(C) The appropriations to which this subdivision (e)(3) applies are determined to be the: (i) House of Representatives; (ii) Senate; (iii) Arkansas Legislative Audit; (iv) Bureau of Legislative Research; (v) Bureau of Legislative Research - Disbursing Officer; (vi) Court of Appeals; (vii) Administrative Office of the Courts - Operations; (viii) Supreme Court; (ix) Governor; (x) Lieutenant Governor; (xi) Attorney General; (xii) Auditor of State - Operations; (xiii) Commissioner of State Lands; (xiv) Secretary of State; (xv) Treasurer of State; (xvi) Department of Finance and Administration - Division of Administrative Services: (a) Director's Office; (b) Director's Office - Office of Economic Analysis and Tax Research; (c) Office of Accounting; (d) Office of Budget; (e) Office of Personnel Management [transferred]; and (f) Office of Administrative Services - Office of Information Services; and (xvii) Department of Finance and Administration - Revenue Division.

(i) House of Representatives;

(ii) Senate;

(iii) Arkansas Legislative Audit;

(iv) Bureau of Legislative Research;

(v) Bureau of Legislative Research - Disbursing Officer;

(vi) Court of Appeals;

(vii) Administrative Office of the Courts - Operations;

(viii) Supreme Court;

(ix) Governor;

(x) Lieutenant Governor;

(xi) Attorney General;

(xii) Auditor of State - Operations;

(xiii) Commissioner of State Lands;

(xiv) Secretary of State;

(xv) Treasurer of State;

(xvi) Department of Finance and Administration - Division of Administrative Services: (a) Director's Office; (b) Director's Office - Office of Economic Analysis and Tax Research; (c) Office of Accounting; (d) Office of Budget; (e) Office of Personnel Management [transferred]; and (f) Office of Administrative Services - Office of Information Services; and

(a) Director's Office;

(b) Director's Office - Office of Economic Analysis and Tax Research;

(c) Office of Accounting;

(d) Office of Budget;

(e) Office of Personnel Management [transferred]; and

(f) Office of Administrative Services - Office of Information Services; and

(xvii) Department of Finance and Administration - Revenue Division.

(D) The Chief Fiscal Officer of the State shall notify the disbursing officers of the appropriations from the State Central Services Fund not enumerated in subdivision (e)(3)(C) of this section of the amount of their portion of any reduction required from their authorized appropriations in order to maintain the State Central Services Fund with a projected positive balance.

(E) In no event shall any funds or appropriations for that particular disbursing agency enumerated in subdivision (e)(3)(C) of this section be affected if a deficit occurs in other State Central Services Fund appropriations or funds not enumerated in subdivision (e)(3)(C) of this section for that particular disbursing agency.

Amended by Act 2022, No. 206,§ 9, eff. 7/1/2022.

Amended by Act 2019, No. 733,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 1145,§ 2, eff. 7/1/2015.

Amended by Act 2015, No. 1144,§ 2, eff. 7/1/2015.

Amended by Act 2013, No. 1517,§ 1, eff. 7/1/2013.

Amended by Act 2013, No. 1516,§ 1, eff. 7/1/2013.

Acts 1973, No. 750, § 5; 1979, No. 1013, § 1; 1983, No. 392, § 2; 1983, No. 801, § 3; 1985, No. 888, §§ 1, 2; 1985 (1st Ex. Sess.), No. 3, § 1; A.S.A. 1947, §§ 13-511, 13-511.1; Acts 1987, No. 945, § 3; 1987 (1st Ex. Sess.), No. 24, § 2; 1989, No. 629, § 1; 1991, No. 1135, § 1; 1995, No. 1021, § 1; 1995, No. 1163, §§ 1, 2; 1997, No. 1248, §§ 1, 2; 1997, No. 1355, § 15; 1999, No. 904, § 16; 1999, No. 1463, § 1; 2001, No. 1646, § 1; 2003, No. 1022, § 3; 2003 (1st Ex. Sess.), No. 55, §§ 1, 26; 2005, No. 196, § 9; 2005, No. 2282, §§ 1, 2; 2005, No. 2316, §§ 1, 2; 2007, No. 1032, § 1; 2007, No. 1201, § 1; 2010, No. 262, § 1; 2010, No. 296, § 1; 2011, No. 1136, § 1.

See Act 2015, No. 1145, § 11.
Ark. Code Ann. § 19-5-1001 — AR Code / Title 19 / Chapter 5 / Subchapter 10 / Section 19-5-1001
Publication Development and Resale Revolving Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Publication Development and Resale Revolving Fund". (b) The fund shall consist of income derived from the sale of publications by the Division of Arkansas Heritage or its successor, there to be used to develop or purchase additional publications for resale. (c) The fund shall be administered by the Central Administration Division of the Department of Parks, Heritage, and Tourism or its successor. (d) Any funds remaining in the fund from which it derives its support at the end of each fiscal year shall carry forward and be made available for the same purpose for the next fiscal year. Amended by Act 2019, No. 910,§ 5671, eff. 7/1/2019. Acts 1973, No. 750, § 7; 1985, No. 888, § 9; A.S.A. 1947, § 13-523.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Publication Development and Resale Revolving Fund".

(b) The fund shall consist of income derived from the sale of publications by the Division of Arkansas Heritage or its successor, there to be used to develop or purchase additional publications for resale.

(c) The fund shall be administered by the Central Administration Division of the Department of Parks, Heritage, and Tourism or its successor.

(d) Any funds remaining in the fund from which it derives its support at the end of each fiscal year shall carry forward and be made available for the same purpose for the next fiscal year.

Amended by Act 2019, No. 910,§ 5671, eff. 7/1/2019.

Acts 1973, No. 750, § 7; 1985, No. 888, § 9; A.S.A. 1947, § 13-523.
Ark. Code Ann. § 19-5-939 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-939
Unemployment Compensation Revolving Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Unemployment Compensation Revolving Fund". (b) The Unemployment Compensation Revolving Fund shall consist of employer unemployment contributions made under § 19-5-707 and temporary loans from the Budget Stabilization Trust Fund received under § 19-5-709 . (c) The funds shall be used to reimburse the Division of Workforce Services, in a timely manner, for unemployment compensation benefits paid by the division and charged to a state agency, as provided in § 19-5-701 et seq., and other laws applicable to state employees' unemployment compensation and for such other purposes as may be authorized by law. Amended by Act 2019, No. 910,§ 485, eff. 7/1/2019. Acts 1973, No. 750, § 8; 1977, No. 608, § 3; 1979, No. 1013, § 7; A.S.A. 1947, §§ 13-531, 13-554.2.

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

(b) The Unemployment Compensation Revolving Fund shall consist of employer unemployment contributions made under § 19-5-707 and temporary loans from the Budget Stabilization Trust Fund received under § 19-5-709 .

(c) The funds shall be used to reimburse the Division of Workforce Services, in a timely manner, for unemployment compensation benefits paid by the division and charged to a state agency, as provided in § 19-5-701 et seq., and other laws applicable to state employees' unemployment compensation and for such other purposes as may be authorized by law.

Amended by Act 2019, No. 910,§ 485, eff. 7/1/2019.

Acts 1973, No. 750, § 8; 1977, No. 608, § 3; 1979, No. 1013, § 7; A.S.A. 1947, §§ 13-531, 13-554.2.
Ark. Code Ann. § 19-5-960 — AR Code / Title 19 / Chapter 5 / Subchapter 9 / Section 19-5-960
Private Career School Student Protection Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Private Career School Student Protection Trust Fund". (b) The fund shall consist of a fee to be set by the Division of Higher Education in consultation with the State Board of Private Career Education as provided in § 6-51-607 , there to be used for paying claims and other expenses as set out in § 6-51-607 . Amended by Act 2019, No. 910,§ 2266, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 24, eff. 3/22/2017. Acts 1991, No. 1135, § 10.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Private Career School Student Protection Trust Fund".

(b) The fund shall consist of a fee to be set by the Division of Higher Education in consultation with the State Board of Private Career Education as provided in § 6-51-607 , there to be used for paying claims and other expenses as set out in § 6-51-607 .

Amended by Act 2019, No. 910,§ 2266, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 24, eff. 3/22/2017.

Acts 1991, No. 1135, § 10.
Ark. Code Ann. § 19-4-1107 — AR Code / Title 19 / Chapter 4 / Subchapter 11 / Section 19-4-1107
Supporting documents generally
Status: in_force

Supporting documents for the disbursement of state funds shall include the following: (1) In connection with purchasing procedure, the Chief Fiscal Officer of the State shall prescribe and define the necessary documents and other evidence which shall be for the purpose of determining whether the proper purchasing procedures have been complied with; (2) (A) In all instances when the evidences of indebtedness are represented by vendors' invoices, the agency shall retain in the permanent file of the business office of the agency the original invoice and corresponding documentation in accordance with procedures established by the Chief Fiscal Officer of the State. (B) In those instances when the daily transactions with vendors are numerous, such as in the case of retail service station purchases, the Chief Fiscal Officer of the State may prescribe the use of monthly statements from the vendors as supporting documents for the vouchers; (3) In connection with printing contracts provided for by the Arkansas Constitution and laws of this state, the supporting documents shall be those prescribed by the Auditor of State or by the Department of Finance and Administration as appropriate; (4) (A) In connection with the laws or rules governing travel, when individuals are reimbursed for expenses incurred for travel in connection with their official duties, the supporting papers shall be the forms or statements of such expenses prescribed by the Chief Fiscal Officer of the State. (B) In the case of per diem or other expenses established by law, the disbursing officer shall attach to the vouchers issued in payment of such allowances a citation of his or her authority for making such payments; (5) (A) Any indebtedness or expense incurred in connection with an approved resolution of any state board or commission shall be made a part of the permanent minutes of the board or commission. (B) Copies of the resolution or minutes authorizing any indebtedness or expense shall be attached to the vouchers issued in payment of any indebtedness or expense; and (6) (A) (i) The Chief Fiscal Officer of the State shall prescribe the forms of the vouchers to be used and the procedure to be followed in making payments in instances when the General Assembly has authorized grants: (a) To public schools, public welfare recipients, counties, and municipalities; (b) For other purposes specifically provided for by law; (c) For payments made to individuals under retirement systems; and (d) For income tax refunds. (ii) The Chief Fiscal Officer of the State may review all disbursements to determine that the disbursements are issued in accordance with their respective appropriations and that there are sufficient funds to cover all the payments. (B) In the case of vouchers written upon the Public School Fund for state equalization aid, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Public School Fund with which to pay the warrants when they are presented for payment. (C) In the case of payments made to welfare recipients under the welfare laws of this state, the approved list of welfare recipients may be certified directly to the Auditor of State, who shall approve the issuance of warrants upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Department of Human Services Grants Fund Account of the Department of Human Services Fund with which to pay the warrants when they shall be presented for payment. (D) In the case of vouchers written upon the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds for retiree benefits, the Auditor of State shall process paper or electronic warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds with which to pay the warrants when they shall be presented for payment. (E) In the case of vouchers written upon the Uniform Tax Rate Trust Fund, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available for the benefit of the Uniform Tax Rate Trust Fund with which to pay the warrants when they shall be presented for payment. (F) In the case of vouchers written upon specific funds receiving federal funding, according to the Cash Management Improvement Act of 1990, Pub. L. No. 101-453, Oct. 24, 1990, 104 Stat. 1058, agreement, the Auditor of State shall process warrants and the Treasurer of State shall redeem the warrants presented for payment upon notification by the Chief Fiscal Officer of the State that the state agency director has certified to the Chief Fiscal Officer of the State that: (i) A federal fund transfer request has been completed and accepted by the federal funding source; and (ii) Federal funds will be transferred for the benefit of the state fund to pay the warrants. Amended by Act 2019, No. 315,§ 1727, eff. 7/24/2019. Acts 1973, No. 876, § 15; 1977, No. 486, § 4; A.S.A. 1947, § 13-341; Acts 1997, No. 14, § 1; 1997, No. 860, § 4; 1999, No. 391, § 38; 1999, No. 714, § 1; 2001, No. 1453, § 32; 2003, No. 656, § 7; 2005, No. 1149, § 1; 2007, No. 177, § 5.

Supporting documents for the disbursement of state funds shall include the following:

(1) In connection with purchasing procedure, the Chief Fiscal Officer of the State shall prescribe and define the necessary documents and other evidence which shall be for the purpose of determining whether the proper purchasing procedures have been complied with;

(2) (A) In all instances when the evidences of indebtedness are represented by vendors' invoices, the agency shall retain in the permanent file of the business office of the agency the original invoice and corresponding documentation in accordance with procedures established by the Chief Fiscal Officer of the State. (B) In those instances when the daily transactions with vendors are numerous, such as in the case of retail service station purchases, the Chief Fiscal Officer of the State may prescribe the use of monthly statements from the vendors as supporting documents for the vouchers;

(A) In all instances when the evidences of indebtedness are represented by vendors' invoices, the agency shall retain in the permanent file of the business office of the agency the original invoice and corresponding documentation in accordance with procedures established by the Chief Fiscal Officer of the State.

(B) In those instances when the daily transactions with vendors are numerous, such as in the case of retail service station purchases, the Chief Fiscal Officer of the State may prescribe the use of monthly statements from the vendors as supporting documents for the vouchers;

(3) In connection with printing contracts provided for by the Arkansas Constitution and laws of this state, the supporting documents shall be those prescribed by the Auditor of State or by the Department of Finance and Administration as appropriate;

(4) (A) In connection with the laws or rules governing travel, when individuals are reimbursed for expenses incurred for travel in connection with their official duties, the supporting papers shall be the forms or statements of such expenses prescribed by the Chief Fiscal Officer of the State. (B) In the case of per diem or other expenses established by law, the disbursing officer shall attach to the vouchers issued in payment of such allowances a citation of his or her authority for making such payments;

(A) In connection with the laws or rules governing travel, when individuals are reimbursed for expenses incurred for travel in connection with their official duties, the supporting papers shall be the forms or statements of such expenses prescribed by the Chief Fiscal Officer of the State.

(B) In the case of per diem or other expenses established by law, the disbursing officer shall attach to the vouchers issued in payment of such allowances a citation of his or her authority for making such payments;

(5) (A) Any indebtedness or expense incurred in connection with an approved resolution of any state board or commission shall be made a part of the permanent minutes of the board or commission. (B) Copies of the resolution or minutes authorizing any indebtedness or expense shall be attached to the vouchers issued in payment of any indebtedness or expense; and

(A) Any indebtedness or expense incurred in connection with an approved resolution of any state board or commission shall be made a part of the permanent minutes of the board or commission.

(B) Copies of the resolution or minutes authorizing any indebtedness or expense shall be attached to the vouchers issued in payment of any indebtedness or expense; and

(6) (A) (i) The Chief Fiscal Officer of the State shall prescribe the forms of the vouchers to be used and the procedure to be followed in making payments in instances when the General Assembly has authorized grants: (a) To public schools, public welfare recipients, counties, and municipalities; (b) For other purposes specifically provided for by law; (c) For payments made to individuals under retirement systems; and (d) For income tax refunds. (ii) The Chief Fiscal Officer of the State may review all disbursements to determine that the disbursements are issued in accordance with their respective appropriations and that there are sufficient funds to cover all the payments. (B) In the case of vouchers written upon the Public School Fund for state equalization aid, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Public School Fund with which to pay the warrants when they are presented for payment. (C) In the case of payments made to welfare recipients under the welfare laws of this state, the approved list of welfare recipients may be certified directly to the Auditor of State, who shall approve the issuance of warrants upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Department of Human Services Grants Fund Account of the Department of Human Services Fund with which to pay the warrants when they shall be presented for payment. (D) In the case of vouchers written upon the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds for retiree benefits, the Auditor of State shall process paper or electronic warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds with which to pay the warrants when they shall be presented for payment. (E) In the case of vouchers written upon the Uniform Tax Rate Trust Fund, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available for the benefit of the Uniform Tax Rate Trust Fund with which to pay the warrants when they shall be presented for payment. (F) In the case of vouchers written upon specific funds receiving federal funding, according to the Cash Management Improvement Act of 1990, Pub. L. No. 101-453, Oct. 24, 1990, 104 Stat. 1058, agreement, the Auditor of State shall process warrants and the Treasurer of State shall redeem the warrants presented for payment upon notification by the Chief Fiscal Officer of the State that the state agency director has certified to the Chief Fiscal Officer of the State that: (i) A federal fund transfer request has been completed and accepted by the federal funding source; and (ii) Federal funds will be transferred for the benefit of the state fund to pay the warrants.

(A) (i) The Chief Fiscal Officer of the State shall prescribe the forms of the vouchers to be used and the procedure to be followed in making payments in instances when the General Assembly has authorized grants: (a) To public schools, public welfare recipients, counties, and municipalities; (b) For other purposes specifically provided for by law; (c) For payments made to individuals under retirement systems; and (d) For income tax refunds. (ii) The Chief Fiscal Officer of the State may review all disbursements to determine that the disbursements are issued in accordance with their respective appropriations and that there are sufficient funds to cover all the payments.

(i) The Chief Fiscal Officer of the State shall prescribe the forms of the vouchers to be used and the procedure to be followed in making payments in instances when the General Assembly has authorized grants: (a) To public schools, public welfare recipients, counties, and municipalities; (b) For other purposes specifically provided for by law; (c) For payments made to individuals under retirement systems; and (d) For income tax refunds.

(a) To public schools, public welfare recipients, counties, and municipalities;

(b) For other purposes specifically provided for by law;

(c) For payments made to individuals under retirement systems; and

(d) For income tax refunds.

(ii) The Chief Fiscal Officer of the State may review all disbursements to determine that the disbursements are issued in accordance with their respective appropriations and that there are sufficient funds to cover all the payments.

(B) In the case of vouchers written upon the Public School Fund for state equalization aid, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Public School Fund with which to pay the warrants when they are presented for payment.

(C) In the case of payments made to welfare recipients under the welfare laws of this state, the approved list of welfare recipients may be certified directly to the Auditor of State, who shall approve the issuance of warrants upon certification by the Chief Fiscal Officer of the State that funds are available from general revenues available for distribution or from other sources for the benefit of the Department of Human Services Grants Fund Account of the Department of Human Services Fund with which to pay the warrants when they shall be presented for payment.

(D) In the case of vouchers written upon the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds for retiree benefits, the Auditor of State shall process paper or electronic warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available from the Arkansas Public Employees' Retirement System, the Arkansas Local Police and Fire Retirement System, the State Police Retirement System, the Arkansas Judicial Retirement System, and the Arkansas Teacher Retirement System funds with which to pay the warrants when they shall be presented for payment.

(E) In the case of vouchers written upon the Uniform Tax Rate Trust Fund, the Auditor of State shall process warrants to pay the vouchers upon certification by the Chief Fiscal Officer of the State that funds are available for the benefit of the Uniform Tax Rate Trust Fund with which to pay the warrants when they shall be presented for payment.

(F) In the case of vouchers written upon specific funds receiving federal funding, according to the Cash Management Improvement Act of 1990, Pub. L. No. 101-453, Oct. 24, 1990, 104 Stat. 1058, agreement, the Auditor of State shall process warrants and the Treasurer of State shall redeem the warrants presented for payment upon notification by the Chief Fiscal Officer of the State that the state agency director has certified to the Chief Fiscal Officer of the State that: (i) A federal fund transfer request has been completed and accepted by the federal funding source; and (ii) Federal funds will be transferred for the benefit of the state fund to pay the warrants.

(i) A federal fund transfer request has been completed and accepted by the federal funding source; and

(ii) Federal funds will be transferred for the benefit of the state fund to pay the warrants.

Amended by Act 2019, No. 315,§ 1727, eff. 7/24/2019.

Acts 1973, No. 876, § 15; 1977, No. 486, § 4; A.S.A. 1947, § 13-341; Acts 1997, No. 14, § 1; 1997, No. 860, § 4; 1999, No. 391, § 38; 1999, No. 714, § 1; 2001, No. 1453, § 32; 2003, No. 656, § 7; 2005, No. 1149, § 1; 2007, No. 177, § 5.
Ark. Code Ann. § 19-10-217 — AR Code / Title 19 / Chapter 10 / Subchapter 2 / Section 19-10-217
Motions - Grounds required to preserve for appeal
Status: in_force

(a) If the Arkansas State Claims Commission denies a motion, the party whose interests were adversely affected by the commission's denial may appeal the denial under § 19-10-211 so long as the legal issue or factual issue in dispute was preserved for appeal with a specific ruling, in writing, by the commission. (b) (1) (A) It is the responsibility of the party whose interests were adversely affected by the commission's ruling on the motion to ask the commission to file a written order denying the motion if the commission had previously denied the motion and has not already filed a written order on the motion before the commission issues its final order. (B) If a party requests that the commission file a written order denying a motion under this subsection, the commission shall do so before issuing a final order. (2) If the basis of a ground for appeal by a party is that a motion was erroneously granted, a filed written order by the commission is not necessary. Added by Act 2019, No. 785,§ 2, eff. 7/24/2019.

(a) If the Arkansas State Claims Commission denies a motion, the party whose interests were adversely affected by the commission's denial may appeal the denial under § 19-10-211 so long as the legal issue or factual issue in dispute was preserved for appeal with a specific ruling, in writing, by the commission.

(b) (1) (A) It is the responsibility of the party whose interests were adversely affected by the commission's ruling on the motion to ask the commission to file a written order denying the motion if the commission had previously denied the motion and has not already filed a written order on the motion before the commission issues its final order. (B) If a party requests that the commission file a written order denying a motion under this subsection, the commission shall do so before issuing a final order. (2) If the basis of a ground for appeal by a party is that a motion was erroneously granted, a filed written order by the commission is not necessary.

(1) (A) It is the responsibility of the party whose interests were adversely affected by the commission's ruling on the motion to ask the commission to file a written order denying the motion if the commission had previously denied the motion and has not already filed a written order on the motion before the commission issues its final order. (B) If a party requests that the commission file a written order denying a motion under this subsection, the commission shall do so before issuing a final order.

(A) It is the responsibility of the party whose interests were adversely affected by the commission's ruling on the motion to ask the commission to file a written order denying the motion if the commission had previously denied the motion and has not already filed a written order on the motion before the commission issues its final order.

(B) If a party requests that the commission file a written order denying a motion under this subsection, the commission shall do so before issuing a final order.

(2) If the basis of a ground for appeal by a party is that a motion was erroneously granted, a filed written order by the commission is not necessary.

Added by Act 2019, No. 785,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 19-6-425 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-425
Public Service Commission Utility Safety Fund
Status: in_force

The Public Service Commission Utility Safety Fund shall consist of those special revenues as specified in § 19-6-301 (100), there to be used for the maintenance, operation, and improvement of the Office of Pipeline Safety of the Arkansas Public Service Commission in exercising the powers, functions, and duties as set out in the Arkansas Natural Gas Pipeline Safety Act of 1971, § 23-15-201 et seq. Acts 1973, No. 808, § 14; 1979, No. 1027, § 9; A.S.A. 1947, § 13-503.13.

The Public Service Commission Utility Safety Fund shall consist of those special revenues as specified in § 19-6-301 (100), there to be used for the maintenance, operation, and improvement of the Office of Pipeline Safety of the Arkansas Public Service Commission in exercising the powers, functions, and duties as set out in the Arkansas Natural Gas Pipeline Safety Act of 1971, § 23-15-201 et seq.

Acts 1973, No. 808, § 14; 1979, No. 1027, § 9; A.S.A. 1947, § 13-503.13.
Ark. Code Ann. § 19-2-101 — AR Code / Title 19 / Chapter 2 / Subchapter 1 / Section 19-2-101
Receipts for all funds coming into State Treasury
Status: in_force

(a) It shall be the duty of the Secretary of State, the Insurance Commissioner, the Commissioner of State Lands, the Attorney General, the Bank Commissioner, and the Auditor of State to issue their receipts respectively for all moneys coming into the State Treasury through their departments, respectively, on account of: (1) Fees of every kind and character; (2) Sale of books, charters, and articles of incorporation; (3) Commissions of notaries public, justices of the peace, and county, city, and town officers, in addition to nomination fees, etc.; (4) Insurance taxes and fees; (5) Jitney and chauffeur licenses; (6) Affidavits of loss, license tags, deeds, patents, field notes, maps, and charts; (7) Franchise taxes, back taxes, and sand and gravel taxes; (8) All matters pertaining to the duties of the Attorney General when money belonging to the state is to be collected; (9) Bank examination fees; and (10) Any and all fees coming through the Bank Commissioner's office. (b) (1) Each of the departments is authorized to accept personal checks when tendered in payment of any of the items mentioned in subsection (a) of this section and issue their receipts, respectively, for them. (2) (A) The checks shall be endorsed by the heads of the respective departments to the Treasurer of State and paid into the State Treasury daily, if anything has been collected, with an itemized statement of all items for which payment was made. (B) No officer endorsing these checks shall become personally liable by reason of the officer's endorsement in case the checks are rejected by the drawee. Acts 1923, No. 777, §§ 1, 2; Pope's Dig., §§ 5562, 5563; A.S.A. 1947, §§ 13-601, 13-604.

(a) It shall be the duty of the Secretary of State, the Insurance Commissioner, the Commissioner of State Lands, the Attorney General, the Bank Commissioner, and the Auditor of State to issue their receipts respectively for all moneys coming into the State Treasury through their departments, respectively, on account of: (1) Fees of every kind and character; (2) Sale of books, charters, and articles of incorporation; (3) Commissions of notaries public, justices of the peace, and county, city, and town officers, in addition to nomination fees, etc.; (4) Insurance taxes and fees; (5) Jitney and chauffeur licenses; (6) Affidavits of loss, license tags, deeds, patents, field notes, maps, and charts; (7) Franchise taxes, back taxes, and sand and gravel taxes; (8) All matters pertaining to the duties of the Attorney General when money belonging to the state is to be collected; (9) Bank examination fees; and (10) Any and all fees coming through the Bank Commissioner's office.

(1) Fees of every kind and character;

(2) Sale of books, charters, and articles of incorporation;

(3) Commissions of notaries public, justices of the peace, and county, city, and town officers, in addition to nomination fees, etc.;

(4) Insurance taxes and fees;

(5) Jitney and chauffeur licenses;

(6) Affidavits of loss, license tags, deeds, patents, field notes, maps, and charts;

(7) Franchise taxes, back taxes, and sand and gravel taxes;

(8) All matters pertaining to the duties of the Attorney General when money belonging to the state is to be collected;

(9) Bank examination fees; and

(10) Any and all fees coming through the Bank Commissioner's office.

(b) (1) Each of the departments is authorized to accept personal checks when tendered in payment of any of the items mentioned in subsection (a) of this section and issue their receipts, respectively, for them. (2) (A) The checks shall be endorsed by the heads of the respective departments to the Treasurer of State and paid into the State Treasury daily, if anything has been collected, with an itemized statement of all items for which payment was made. (B) No officer endorsing these checks shall become personally liable by reason of the officer's endorsement in case the checks are rejected by the drawee.

(1) Each of the departments is authorized to accept personal checks when tendered in payment of any of the items mentioned in subsection (a) of this section and issue their receipts, respectively, for them.

(2) (A) The checks shall be endorsed by the heads of the respective departments to the Treasurer of State and paid into the State Treasury daily, if anything has been collected, with an itemized statement of all items for which payment was made. (B) No officer endorsing these checks shall become personally liable by reason of the officer's endorsement in case the checks are rejected by the drawee.

(A) The checks shall be endorsed by the heads of the respective departments to the Treasurer of State and paid into the State Treasury daily, if anything has been collected, with an itemized statement of all items for which payment was made.

(B) No officer endorsing these checks shall become personally liable by reason of the officer's endorsement in case the checks are rejected by the drawee.

Acts 1923, No. 777, §§ 1, 2; Pope's Dig., §§ 5562, 5563; A.S.A. 1947, §§ 13-601, 13-604.
Ark. Code Ann. § 19-11-229 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-229
Competitive sealed bidding - Definition
Status: in_force

(a) Definition. "Competitive sealed bidding" means a method of procurement which requires: (1) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement; (2) Public, contemporaneous opening of bids at a predesignated time and place; (3) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-11-204 and 19-11-228 - 19-11-240 ; (4) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and (5) Public notice. (b) (1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous. (2) The director may provide by rule that it is not practicable to procure specified types of commodities, technical and general services, or professional and consultant services by competitive sealed bidding. (3) Factors to be considered in determining whether competitive sealed bidding is not practicable shall include whether: (A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and (B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding. (c) When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced technical proposals to be followed by an invitation for bids limited to those bidders whose technical proposals meet the requirements set forth in the first invitation. (d) Notice inviting bids shall: (1) Be given not fewer than five (5) calendar days nor more than ninety (90) calendar days preceding the date for the opening of bids by publishing the notice at least one (1) time in at least one (1) newspaper having general circulation in the state or posting by electronic media, but in all instances, adequate notice shall be given; (2) Include a general description of the commodities, technical and general services, or professional and consultant services to be procured; (3) State where invitations for bids may be obtained; (4) State the date, time, and place of bid opening; and (5) State the time, date, and place of the solicitation conference if a solicitation conference is to be held before the opening of bids to provide information to prospective bidders. (e) Bids shall be opened publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and open to public inspection. (f) (1) (A) Bids shall be evaluated based on the requirements set forth in the invitation for bids. (B) These requirements may include criteria to determine acceptability such as: (i) Inspection; (ii) Testing; (iii) Quality; (iv) Workmanship; (v) Delivery; (vi) Past performance; and (vii) Suitability for a particular purpose and criteria affecting price such as life-cycle or total ownership costs. (2) (A) The invitation for bids shall set forth the evaluation criteria to be used. (B) No criteria may be used in bid evaluation that were not set forth in the invitation for bids. (3) (A) A time discount may be considered in the evaluation of a bid only: (i) If the state agency specifically solicits pricing that requests a time discount; and (ii) Under the structured terms of the invitation for bids. (B) If a bidder offers a time discount as part of its bid without the solicitation of time discounts by the state agency, the state agency shall not consider the time discount. (g) (1) Correction of patent or provable errors in bids that do not prejudice other bidders or withdrawal of bids may be allowed only to the extent permitted under rules promulgated by the director and upon written approval of the Attorney General or a designee of such officer. (2) No award shall be made on the basis of a corrected bid, if the corrected bid exceeds the next lowest bid of a responsible bidder. (3) (A) The director or an agency procurement official may seek the clarification of a submitted bid. (B) A written response by a bidder under this subsection shall only clarify the submitted bid and shall not add any substantive language to the submitted bid or change the terms of the submitted bid. (C) If the bidder fails or refuses to clarify any matter questioned about the bidder's bid in writing by the deadline set by the director or agency procurement official, the bid may be rejected. (D) If the bidder clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the bidder's bid. (h) (1) The contract shall be awarded with reasonable promptness by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. (2) (A) Except with respect to a contract being procured for a construction project, the director or the head of a procurement agency may negotiate a lower bid price, including changes in the bid requirements, with the lowest responsive and responsible bidder if: (i) All bids received from responsive and responsible bidders exceed available funding as certified by the appropriate fiscal officer of the procurement agency; or (ii) It appears that additional savings to the state may result from negotiation. (B) (i) (a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder. (b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state. (ii) A bid price resulting from negotiations conducted under this section shall not be higher than: (a) The bid price originally submitted by the lowest responsive and responsible bidder; or (b) A price previously offered in negotiations by a responsive and responsible bidder. (iii) Negotiations conducted under this section do not preclude the use of other methods of source selection or procurement authority provided under this subchapter. (C) (i) Negotiations under this subsection shall be conducted by a person who is trained and certified in negotiation and procurement processes. (ii) (a) The Office of State Procurement shall provide for the training and certification required under this subsection. (b) The training provided by the office shall be specific to Arkansas law. (3) All other bidders requesting to be notified of the award decision shall be promptly notified of the decision. (i) (1) An invitation for bids may be cancelled or any or all bids may be rejected in writing by the director or the agency procurement official. (2) Before the rejection of a bid by the director, the decision to reject the bid may be validated with the state agency for which the procurement is being conducted. (3) A bid may be rejected for failure to adhere to mandatory requirements. Amended by Act 2019, No. 315,§ 1768, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1767, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 419,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 1004,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 696,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1189,§ 2, eff. 8/16/2013. Acts 1979, No. 482, § 29; 1981, No. 600, §§ 13-16; A.S.A. 1947, § 14-254; Acts 1987, No. 540, § 2; 1995, No. 317, § 2; 1995, No. 340, § 2; 2001, No. 1237, § 22; 2003, No. 487, § 5; 2005, No. 1680, § 6.

(a) Definition. "Competitive sealed bidding" means a method of procurement which requires: (1) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement; (2) Public, contemporaneous opening of bids at a predesignated time and place; (3) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-11-204 and 19-11-228 - 19-11-240 ; (4) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and (5) Public notice.

(1) Issuance of an invitation for bids with a purchase description and all contractual terms and conditions applicable to the procurement;

(2) Public, contemporaneous opening of bids at a predesignated time and place;

(3) Unconditional acceptance of a bid without alteration or correction, except as authorized in §§ 19-11-204 and 19-11-228 - 19-11-240 ;

(4) Award to the responsive and responsible bidder who has submitted the lowest bid that meets the requirements and criteria set forth in the invitation for bids; and

(5) Public notice.

(b) (1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous. (2) The director may provide by rule that it is not practicable to procure specified types of commodities, technical and general services, or professional and consultant services by competitive sealed bidding. (3) Factors to be considered in determining whether competitive sealed bidding is not practicable shall include whether: (A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and (B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.

(1) Contracts exceeding an estimated purchase price of seventy-five thousand dollars ($75,000) shall be awarded by competitive sealed bidding unless a determination is made in writing by the agency procurement official or the State Procurement Director that this method is not practicable and advantageous and specifically states the reasons that this method is not practicable and advantageous.

(2) The director may provide by rule that it is not practicable to procure specified types of commodities, technical and general services, or professional and consultant services by competitive sealed bidding.

(3) Factors to be considered in determining whether competitive sealed bidding is not practicable shall include whether: (A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and (B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.

(A) Purchase descriptions are suitable for award on the basis of the lowest evaluated bid price; and

(B) The available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.

(c) When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced technical proposals to be followed by an invitation for bids limited to those bidders whose technical proposals meet the requirements set forth in the first invitation.

(d) Notice inviting bids shall: (1) Be given not fewer than five (5) calendar days nor more than ninety (90) calendar days preceding the date for the opening of bids by publishing the notice at least one (1) time in at least one (1) newspaper having general circulation in the state or posting by electronic media, but in all instances, adequate notice shall be given; (2) Include a general description of the commodities, technical and general services, or professional and consultant services to be procured; (3) State where invitations for bids may be obtained; (4) State the date, time, and place of bid opening; and (5) State the time, date, and place of the solicitation conference if a solicitation conference is to be held before the opening of bids to provide information to prospective bidders.

(1) Be given not fewer than five (5) calendar days nor more than ninety (90) calendar days preceding the date for the opening of bids by publishing the notice at least one (1) time in at least one (1) newspaper having general circulation in the state or posting by electronic media, but in all instances, adequate notice shall be given;

(2) Include a general description of the commodities, technical and general services, or professional and consultant services to be procured;

(3) State where invitations for bids may be obtained;

(4) State the date, time, and place of bid opening; and

(5) State the time, date, and place of the solicitation conference if a solicitation conference is to be held before the opening of bids to provide information to prospective bidders.

(e) Bids shall be opened publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and open to public inspection.

(f) (1) (A) Bids shall be evaluated based on the requirements set forth in the invitation for bids. (B) These requirements may include criteria to determine acceptability such as: (i) Inspection; (ii) Testing; (iii) Quality; (iv) Workmanship; (v) Delivery; (vi) Past performance; and (vii) Suitability for a particular purpose and criteria affecting price such as life-cycle or total ownership costs. (2) (A) The invitation for bids shall set forth the evaluation criteria to be used. (B) No criteria may be used in bid evaluation that were not set forth in the invitation for bids. (3) (A) A time discount may be considered in the evaluation of a bid only: (i) If the state agency specifically solicits pricing that requests a time discount; and (ii) Under the structured terms of the invitation for bids. (B) If a bidder offers a time discount as part of its bid without the solicitation of time discounts by the state agency, the state agency shall not consider the time discount.

(1) (A) Bids shall be evaluated based on the requirements set forth in the invitation for bids. (B) These requirements may include criteria to determine acceptability such as: (i) Inspection; (ii) Testing; (iii) Quality; (iv) Workmanship; (v) Delivery; (vi) Past performance; and (vii) Suitability for a particular purpose and criteria affecting price such as life-cycle or total ownership costs.

(A) Bids shall be evaluated based on the requirements set forth in the invitation for bids.

(B) These requirements may include criteria to determine acceptability such as: (i) Inspection; (ii) Testing; (iii) Quality; (iv) Workmanship; (v) Delivery; (vi) Past performance; and (vii) Suitability for a particular purpose and criteria affecting price such as life-cycle or total ownership costs.

(i) Inspection;

(ii) Testing;

(iii) Quality;

(iv) Workmanship;

(v) Delivery;

(vi) Past performance; and

(vii) Suitability for a particular purpose and criteria affecting price such as life-cycle or total ownership costs.

(2) (A) The invitation for bids shall set forth the evaluation criteria to be used. (B) No criteria may be used in bid evaluation that were not set forth in the invitation for bids.

(A) The invitation for bids shall set forth the evaluation criteria to be used.

(B) No criteria may be used in bid evaluation that were not set forth in the invitation for bids.

(3) (A) A time discount may be considered in the evaluation of a bid only: (i) If the state agency specifically solicits pricing that requests a time discount; and (ii) Under the structured terms of the invitation for bids. (B) If a bidder offers a time discount as part of its bid without the solicitation of time discounts by the state agency, the state agency shall not consider the time discount.

(A) A time discount may be considered in the evaluation of a bid only: (i) If the state agency specifically solicits pricing that requests a time discount; and (ii) Under the structured terms of the invitation for bids.

(i) If the state agency specifically solicits pricing that requests a time discount; and

(ii) Under the structured terms of the invitation for bids.

(B) If a bidder offers a time discount as part of its bid without the solicitation of time discounts by the state agency, the state agency shall not consider the time discount.

(g) (1) Correction of patent or provable errors in bids that do not prejudice other bidders or withdrawal of bids may be allowed only to the extent permitted under rules promulgated by the director and upon written approval of the Attorney General or a designee of such officer. (2) No award shall be made on the basis of a corrected bid, if the corrected bid exceeds the next lowest bid of a responsible bidder. (3) (A) The director or an agency procurement official may seek the clarification of a submitted bid. (B) A written response by a bidder under this subsection shall only clarify the submitted bid and shall not add any substantive language to the submitted bid or change the terms of the submitted bid. (C) If the bidder fails or refuses to clarify any matter questioned about the bidder's bid in writing by the deadline set by the director or agency procurement official, the bid may be rejected. (D) If the bidder clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the bidder's bid.

(1) Correction of patent or provable errors in bids that do not prejudice other bidders or withdrawal of bids may be allowed only to the extent permitted under rules promulgated by the director and upon written approval of the Attorney General or a designee of such officer.

(2) No award shall be made on the basis of a corrected bid, if the corrected bid exceeds the next lowest bid of a responsible bidder.

(3) (A) The director or an agency procurement official may seek the clarification of a submitted bid. (B) A written response by a bidder under this subsection shall only clarify the submitted bid and shall not add any substantive language to the submitted bid or change the terms of the submitted bid. (C) If the bidder fails or refuses to clarify any matter questioned about the bidder's bid in writing by the deadline set by the director or agency procurement official, the bid may be rejected. (D) If the bidder clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the bidder's bid.

(A) The director or an agency procurement official may seek the clarification of a submitted bid.

(B) A written response by a bidder under this subsection shall only clarify the submitted bid and shall not add any substantive language to the submitted bid or change the terms of the submitted bid.

(C) If the bidder fails or refuses to clarify any matter questioned about the bidder's bid in writing by the deadline set by the director or agency procurement official, the bid may be rejected.

(D) If the bidder clarifies the matter questioned under this subsection in writing, the clarification shall be evaluated and become a part of any contract awarded on the basis of the bidder's bid.

(h) (1) The contract shall be awarded with reasonable promptness by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. (2) (A) Except with respect to a contract being procured for a construction project, the director or the head of a procurement agency may negotiate a lower bid price, including changes in the bid requirements, with the lowest responsive and responsible bidder if: (i) All bids received from responsive and responsible bidders exceed available funding as certified by the appropriate fiscal officer of the procurement agency; or (ii) It appears that additional savings to the state may result from negotiation. (B) (i) (a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder. (b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state. (ii) A bid price resulting from negotiations conducted under this section shall not be higher than: (a) The bid price originally submitted by the lowest responsive and responsible bidder; or (b) A price previously offered in negotiations by a responsive and responsible bidder. (iii) Negotiations conducted under this section do not preclude the use of other methods of source selection or procurement authority provided under this subchapter. (C) (i) Negotiations under this subsection shall be conducted by a person who is trained and certified in negotiation and procurement processes. (ii) (a) The Office of State Procurement shall provide for the training and certification required under this subsection. (b) The training provided by the office shall be specific to Arkansas law. (3) All other bidders requesting to be notified of the award decision shall be promptly notified of the decision.

(1) The contract shall be awarded with reasonable promptness by written notice to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids.

(2) (A) Except with respect to a contract being procured for a construction project, the director or the head of a procurement agency may negotiate a lower bid price, including changes in the bid requirements, with the lowest responsive and responsible bidder if: (i) All bids received from responsive and responsible bidders exceed available funding as certified by the appropriate fiscal officer of the procurement agency; or (ii) It appears that additional savings to the state may result from negotiation. (B) (i) (a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder. (b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state. (ii) A bid price resulting from negotiations conducted under this section shall not be higher than: (a) The bid price originally submitted by the lowest responsive and responsible bidder; or (b) A price previously offered in negotiations by a responsive and responsible bidder. (iii) Negotiations conducted under this section do not preclude the use of other methods of source selection or procurement authority provided under this subchapter. (C) (i) Negotiations under this subsection shall be conducted by a person who is trained and certified in negotiation and procurement processes. (ii) (a) The Office of State Procurement shall provide for the training and certification required under this subsection. (b) The training provided by the office shall be specific to Arkansas law.

(A) Except with respect to a contract being procured for a construction project, the director or the head of a procurement agency may negotiate a lower bid price, including changes in the bid requirements, with the lowest responsive and responsible bidder if: (i) All bids received from responsive and responsible bidders exceed available funding as certified by the appropriate fiscal officer of the procurement agency; or (ii) It appears that additional savings to the state may result from negotiation.

(i) All bids received from responsive and responsible bidders exceed available funding as certified by the appropriate fiscal officer of the procurement agency; or

(ii) It appears that additional savings to the state may result from negotiation.

(B) (i) (a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder. (b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state. (ii) A bid price resulting from negotiations conducted under this section shall not be higher than: (a) The bid price originally submitted by the lowest responsive and responsible bidder; or (b) A price previously offered in negotiations by a responsive and responsible bidder. (iii) Negotiations conducted under this section do not preclude the use of other methods of source selection or procurement authority provided under this subchapter.

(i) (a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder. (b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state.

(a) If negotiations with the lowest responsive and responsible bidder conducted under subdivision (h)(2)(A) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder.

(b) If negotiations with the next lowest responsive and responsible bidder under subdivision (h)(2)(B)(i) (a) of this section fail to result in a lower bid price, the state may negotiate for a lower bid price with the next lowest responsive and responsible bidder until an acceptable lower bid price is negotiated or the state determines that negotiations are no longer in the best interest of the state.

(ii) A bid price resulting from negotiations conducted under this section shall not be higher than: (a) The bid price originally submitted by the lowest responsive and responsible bidder; or (b) A price previously offered in negotiations by a responsive and responsible bidder.

(a) The bid price originally submitted by the lowest responsive and responsible bidder; or

(b) A price previously offered in negotiations by a responsive and responsible bidder.

(iii) Negotiations conducted under this section do not preclude the use of other methods of source selection or procurement authority provided under this subchapter.

(C) (i) Negotiations under this subsection shall be conducted by a person who is trained and certified in negotiation and procurement processes. (ii) (a) The Office of State Procurement shall provide for the training and certification required under this subsection. (b) The training provided by the office shall be specific to Arkansas law.

(i) Negotiations under this subsection shall be conducted by a person who is trained and certified in negotiation and procurement processes.

(ii) (a) The Office of State Procurement shall provide for the training and certification required under this subsection. (b) The training provided by the office shall be specific to Arkansas law.

(a) The Office of State Procurement shall provide for the training and certification required under this subsection.

(b) The training provided by the office shall be specific to Arkansas law.

(3) All other bidders requesting to be notified of the award decision shall be promptly notified of the decision.

(i) (1) An invitation for bids may be cancelled or any or all bids may be rejected in writing by the director or the agency procurement official. (2) Before the rejection of a bid by the director, the decision to reject the bid may be validated with the state agency for which the procurement is being conducted. (3) A bid may be rejected for failure to adhere to mandatory requirements.

(1) An invitation for bids may be cancelled or any or all bids may be rejected in writing by the director or the agency procurement official.

(2) Before the rejection of a bid by the director, the decision to reject the bid may be validated with the state agency for which the procurement is being conducted.

(3) A bid may be rejected for failure to adhere to mandatory requirements.

Amended by Act 2019, No. 315,§ 1768, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1767, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 419,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 1004,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 696,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1189,§ 2, eff. 8/16/2013.

Acts 1979, No. 482, § 29; 1981, No. 600, §§ 13-16; A.S.A. 1947, § 14-254; Acts 1987, No. 540, § 2; 1995, No. 317, § 2; 1995, No. 340, § 2; 2001, No. 1237, § 22; 2003, No. 487, § 5; 2005, No. 1680, § 6.
Ark. Code Ann. § 19-11-248 — AR Code / Title 19 / Chapter 11 / Subchapter 2 / Section 19-11-248
Finality of administrative determinations
Status: in_force

In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the extent provided in: (1) Section 19-11-239 , which refers to finality of determinations; (2) Section 19-11-244(e) , which refers to resolution of protested solicitations and awards, finality of decision; (3) Section 19-11-245(f) , which refers to debarment or suspension, finality of decision; and (4) Section 19-11-246(e) , which refers to resolution of contract and breach of contract controversies, finality of decision. Amended by Act 2019, No. 315,§ 1781, eff. 7/24/2019. Acts 1979, No. 482, § 63; A.S.A. 1947, § 14-280.

In any judicial action or other action provided by law, factual or legal determinations by employees, agents, or other persons appointed by the state shall have no finality and shall not be conclusive, notwithstanding any contract provision or rule of law to the contrary, except to the extent provided in:

(1) Section 19-11-239 , which refers to finality of determinations;

(2) Section 19-11-244(e) , which refers to resolution of protested solicitations and awards, finality of decision;

(3) Section 19-11-245(f) , which refers to debarment or suspension, finality of decision; and

(4) Section 19-11-246(e) , which refers to resolution of contract and breach of contract controversies, finality of decision.

Amended by Act 2019, No. 315,§ 1781, eff. 7/24/2019.

Acts 1979, No. 482, § 63; A.S.A. 1947, § 14-280.
Ark. Code Ann. § 19-11-1302 — AR Code / Title 19 / Chapter 11 / Subchapter 13 / Section 19-11-1302
Review of partial equity ownership agreements
Status: in_force

(a) A partial equity ownership agreement is subject to review by submission of the partial equity ownership agreement to the Office of State Procurement and the Legislative Council under this section. (b) Since the partial equity ownership agreement is fundamentally and substantially different from a state contract for commodities, goods, and services that are reviewed under the Arkansas Procurement Law, § 19-11-201 et seq., or other contract that is reviewed under subchapters 1-12 of this chapter, and since the partial equity ownership agreement is utilizing retirement trust funds that are not appropriated by the General Assembly, the partial equity ownership agreement is not subject to: (1) A limitation of the term or duration of the partial equity ownership agreement; or (2) An annual renewal clause. (c) When submitting a partial equity ownership agreement for review, the state retirement system shall provide information that includes without limitation: (1) The managing parties to the partial equity ownership agreement; (2) The state retirement system's interest and ownership in the partial equity ownership agreement; (3) The reason for the formation of or entry into the partial equity ownership agreement; (4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 - 24-2-619 ; (5) The anticipated date of implementation of the partial equity ownership; (6) The anticipated termination date of the partial equity ownership agreement; and (7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review. Acts 2009, No. 1211, § 2.

(a) A partial equity ownership agreement is subject to review by submission of the partial equity ownership agreement to the Office of State Procurement and the Legislative Council under this section.

(b) Since the partial equity ownership agreement is fundamentally and substantially different from a state contract for commodities, goods, and services that are reviewed under the Arkansas Procurement Law, § 19-11-201 et seq., or other contract that is reviewed under subchapters 1-12 of this chapter, and since the partial equity ownership agreement is utilizing retirement trust funds that are not appropriated by the General Assembly, the partial equity ownership agreement is not subject to: (1) A limitation of the term or duration of the partial equity ownership agreement; or (2) An annual renewal clause.

(1) A limitation of the term or duration of the partial equity ownership agreement; or

(2) An annual renewal clause.

(c) When submitting a partial equity ownership agreement for review, the state retirement system shall provide information that includes without limitation: (1) The managing parties to the partial equity ownership agreement; (2) The state retirement system's interest and ownership in the partial equity ownership agreement; (3) The reason for the formation of or entry into the partial equity ownership agreement; (4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 - 24-2-619 ; (5) The anticipated date of implementation of the partial equity ownership; (6) The anticipated termination date of the partial equity ownership agreement; and (7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.

(1) The managing parties to the partial equity ownership agreement;

(2) The state retirement system's interest and ownership in the partial equity ownership agreement;

(3) The reason for the formation of or entry into the partial equity ownership agreement;

(4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 - 24-2-619 ;

(5) The anticipated date of implementation of the partial equity ownership;

(6) The anticipated termination date of the partial equity ownership agreement; and

(7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.

Acts 2009, No. 1211, § 2.
Ark. Code Ann. § 19-4-1907 — AR Code / Title 19 / Chapter 4 / Subchapter 19 / Section 19-4-1907
Quarterly reports
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall file quarterly reports with the Legislative Council itemizing and summarizing all contracts or agreements entered into by the Governor with the United States Government, or any agencies or instrumentalities thereof, whereby the State of Arkansas is to participate in any program involving the expenditure of federal funds. These reports shall be filed, whether or not state funds are obligated in connection therewith, with respect to new federal programs or expansions of existing federal programs which were not in existence or which were not implemented by state participation, at the time of the adjournment of the regular session of the General Assembly and entered into prior to the convening of the next regular session of the General Assembly. (b) The report shall list, with respect to each such contract or agreement: (1) A brief statement of the purposes of the agreement; (2) The amount of federal funds to be expended thereunder; (3) The amount of any state matching funds required in connection with such program, if any; (4) The name of the agency that will administer the program; and (5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement. Amended by Act 2019, No. 910,§ 3459, eff. 7/1/2019. Acts 1973, No. 876, § 21; A.S.A. 1947, § 13-347.

(a) The Secretary of the Department of Finance and Administration shall file quarterly reports with the Legislative Council itemizing and summarizing all contracts or agreements entered into by the Governor with the United States Government, or any agencies or instrumentalities thereof, whereby the State of Arkansas is to participate in any program involving the expenditure of federal funds. These reports shall be filed, whether or not state funds are obligated in connection therewith, with respect to new federal programs or expansions of existing federal programs which were not in existence or which were not implemented by state participation, at the time of the adjournment of the regular session of the General Assembly and entered into prior to the convening of the next regular session of the General Assembly.

(b) The report shall list, with respect to each such contract or agreement: (1) A brief statement of the purposes of the agreement; (2) The amount of federal funds to be expended thereunder; (3) The amount of any state matching funds required in connection with such program, if any; (4) The name of the agency that will administer the program; and (5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement.

(1) A brief statement of the purposes of the agreement;

(2) The amount of federal funds to be expended thereunder;

(3) The amount of any state matching funds required in connection with such program, if any;

(4) The name of the agency that will administer the program; and

(5) Such additional information as will enable the members of the Legislative Council to determine the nature and purposes of the agreement.

Amended by Act 2019, No. 910,§ 3459, eff. 7/1/2019.

Acts 1973, No. 876, § 21; A.S.A. 1947, § 13-347.
Ark. Code Ann. § 19-4-2001 — AR Code / Title 19 / Chapter 4 / Subchapter 20 / Section 19-4-2001
Notice and proof of loss
Status: in_force

It shall be the duty of the Chief Fiscal Officer of the State to give notice and make proof of loss to, and demand payment of, the surety of any bond executed by any state officer or employee in which the audit report by the Legislative Joint Auditing Committee of the records and accounts shows that such officer or employee and his or her surety may in any way be liable. Acts 1973, No. 876, § 18; A.S.A. 1947, § 13-344.

It shall be the duty of the Chief Fiscal Officer of the State to give notice and make proof of loss to, and demand payment of, the surety of any bond executed by any state officer or employee in which the audit report by the Legislative Joint Auditing Committee of the records and accounts shows that such officer or employee and his or her surety may in any way be liable.

Acts 1973, No. 876, § 18; A.S.A. 1947, § 13-344.
Ark. Code Ann. § 19-4-707 — AR Code / Title 19 / Chapter 4 / Subchapter 7 / Section 19-4-707
Obligations for improvements
Status: in_force

Notwithstanding the fact that no disbursements may be made during any fiscal period in excess of the appropriations made available by the General Assembly for the fiscal period, it is provided that contracts for improvements including major repairs, alterations, and construction of new buildings and facilities may be let to the extent of the appropriations made available for those purposes for the biennial period. However, no such contracts may be let in amounts exceeding the probable funds available or which are estimated to become available during the period. Acts 1973, No. 876, § 13; A.S.A. 1947, § 13-339.

Notwithstanding the fact that no disbursements may be made during any fiscal period in excess of the appropriations made available by the General Assembly for the fiscal period, it is provided that contracts for improvements including major repairs, alterations, and construction of new buildings and facilities may be let to the extent of the appropriations made available for those purposes for the biennial period. However, no such contracts may be let in amounts exceeding the probable funds available or which are estimated to become available during the period.

Acts 1973, No. 876, § 13; A.S.A. 1947, § 13-339.
Ark. Code Ann. § 19-5-502 — AR Code / Title 19 / Chapter 5 / Subchapter 5 / Section 19-5-502
Loans from fund
Status: in_force

(a) The Chief Fiscal Officer of the State shall be guided by the following limitations and procedures in making loans from the Budget Stabilization Trust Fund for the respective purposes for which the loans may be made, as established in this subsection: (1) State agencies supported solely from special revenues shall not be eligible to make applications for or receive loans from the Budget Stabilization Trust Fund; and (2) Moneys deposited into the Budget Stabilization Trust Fund shall not be used to make loans to any state agency without the state agency's first submitting proof of the need for the moneys and submitting justification therefor verifying that other funds or resources are not available to the agency or cannot be obtained by the agency from other funds belonging to or available to the agency. In no event shall any loan from the Budget Stabilization Trust Fund be made to a state-supported institution of higher education in an amount equal to or exceeding eighty-five percent (85%) of its monthly guarantee of general revenues estimated to be available for distribution to the agency during the month. (b) Any official or employee knowingly submitting false information to the Chief Fiscal Officer of the State in support of any loan from the Budget Stabilization Trust Fund shall, upon conviction thereof, be guilty of misfeasance in office and shall be removed from the office or position of employment. (c) The Division of Elementary and Secondary Education shall have no authority to request loans from the Budget Stabilization Trust Fund to provide moneys for distribution to public school districts in this state, nor to write warrants payable from any funds borrowed from the Budget Stabilization Trust Fund, for making monthly payments to school districts in this state earlier than the fifth day prior to the end of the month. Amended by Act 2019, No. 910,§ 2264, eff. 7/1/2019. Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531; Acts 1987, No. 945, § 4.

(a) The Chief Fiscal Officer of the State shall be guided by the following limitations and procedures in making loans from the Budget Stabilization Trust Fund for the respective purposes for which the loans may be made, as established in this subsection: (1) State agencies supported solely from special revenues shall not be eligible to make applications for or receive loans from the Budget Stabilization Trust Fund; and (2) Moneys deposited into the Budget Stabilization Trust Fund shall not be used to make loans to any state agency without the state agency's first submitting proof of the need for the moneys and submitting justification therefor verifying that other funds or resources are not available to the agency or cannot be obtained by the agency from other funds belonging to or available to the agency. In no event shall any loan from the Budget Stabilization Trust Fund be made to a state-supported institution of higher education in an amount equal to or exceeding eighty-five percent (85%) of its monthly guarantee of general revenues estimated to be available for distribution to the agency during the month.

(1) State agencies supported solely from special revenues shall not be eligible to make applications for or receive loans from the Budget Stabilization Trust Fund; and

(2) Moneys deposited into the Budget Stabilization Trust Fund shall not be used to make loans to any state agency without the state agency's first submitting proof of the need for the moneys and submitting justification therefor verifying that other funds or resources are not available to the agency or cannot be obtained by the agency from other funds belonging to or available to the agency. In no event shall any loan from the Budget Stabilization Trust Fund be made to a state-supported institution of higher education in an amount equal to or exceeding eighty-five percent (85%) of its monthly guarantee of general revenues estimated to be available for distribution to the agency during the month.

(b) Any official or employee knowingly submitting false information to the Chief Fiscal Officer of the State in support of any loan from the Budget Stabilization Trust Fund shall, upon conviction thereof, be guilty of misfeasance in office and shall be removed from the office or position of employment.

(c) The Division of Elementary and Secondary Education shall have no authority to request loans from the Budget Stabilization Trust Fund to provide moneys for distribution to public school districts in this state, nor to write warrants payable from any funds borrowed from the Budget Stabilization Trust Fund, for making monthly payments to school districts in this state earlier than the fifth day prior to the end of the month.

Amended by Act 2019, No. 910,§ 2264, eff. 7/1/2019.

Acts 1973, No. 750, § 8; A.S.A. 1947, § 13-531; Acts 1987, No. 945, § 4.
Ark. Code Ann. § 19-3-505 — AR Code / Title 19 / Chapter 3 / Subchapter 5 / Section 19-3-505
Disposition of moneys received by Treasurer of State
Status: in_force

(a) (1) The Treasurer of State shall issue receipts to depositors of moneys into the State Treasury. (2) On the day of receipt or as soon as practical, the moneys shall be credited to the appropriate fund as provided by law. (b) (1) After credit to the appropriate funds, the moneys shall be: (A) Commingled with all other moneys in the State Treasury; and (B) Deposited into bank depositories to the credit of the account of the Treasurer of State or invested as prescribed in this subchapter. (2) This subsection does not prohibit the Treasurer of State from keeping cash of the State Treasury in the Treasurer of State's office in reasonable amounts necessary for the transaction of the day-to-day business of the office with persons and firms other than bank depositories. Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013. Acts 1997, No. 847, § 1.

(a) (1) The Treasurer of State shall issue receipts to depositors of moneys into the State Treasury. (2) On the day of receipt or as soon as practical, the moneys shall be credited to the appropriate fund as provided by law.

(1) The Treasurer of State shall issue receipts to depositors of moneys into the State Treasury.

(2) On the day of receipt or as soon as practical, the moneys shall be credited to the appropriate fund as provided by law.

(b) (1) After credit to the appropriate funds, the moneys shall be: (A) Commingled with all other moneys in the State Treasury; and (B) Deposited into bank depositories to the credit of the account of the Treasurer of State or invested as prescribed in this subchapter. (2) This subsection does not prohibit the Treasurer of State from keeping cash of the State Treasury in the Treasurer of State's office in reasonable amounts necessary for the transaction of the day-to-day business of the office with persons and firms other than bank depositories.

(1) After credit to the appropriate funds, the moneys shall be: (A) Commingled with all other moneys in the State Treasury; and (B) Deposited into bank depositories to the credit of the account of the Treasurer of State or invested as prescribed in this subchapter.

(A) Commingled with all other moneys in the State Treasury; and

(B) Deposited into bank depositories to the credit of the account of the Treasurer of State or invested as prescribed in this subchapter.

(2) This subsection does not prohibit the Treasurer of State from keeping cash of the State Treasury in the Treasurer of State's office in reasonable amounts necessary for the transaction of the day-to-day business of the office with persons and firms other than bank depositories.

Amended by Act 2013, No. 1088,§ 2, eff. 8/16/2013.

Acts 1997, No. 847, § 1.
Ark. Code Ann. § 19-12-115 — AR Code / Title 19 / Chapter 12 / Subchapter 1 / Section 19-12-115
Establishment and administration of the Arkansas Biosciences Institute
Status: in_force

(a) It is the intent of this chapter to hereby establish the Arkansas Biosciences Institute for the educational and research purposes set forth hereinafter to encourage and foster the conduct of research through the University of Arkansas, Division of Agriculture of the University of Arkansas, the University of Arkansas for Medical Sciences, University of Arkansas at Fayetteville, Arkansas Children's Hospital and Arkansas State University. The Arkansas Biosciences Institute is part of a broad program to address health issues with specific emphasis on smoking and the use of tobacco products. The Arkansas Biosciences Institute is intended to develop more fully the interdisciplinary opportunities for research primarily in the areas set forth hereinafter. (b) Purposes. The Arkansas Biosciences Institute is established for the following purposes: (1) to conduct agricultural research with medical implications; (2) to conduct bioengineering research focused on the expansion of genetic knowledge and new potential applications in the agricultural-medical fields; (3) to conduct tobacco-related research that focuses on the identification and applications of behavioral, diagnostic and therapeutic research addressing the high level of tobacco-related illnesses in the State of Arkansas; (4) to conduct nutritional and other research focusing on prevention or treatment of cancer, congenital or hereditary conditions or other related conditions; and (5) to conduct other research identified by the primary educational and research institutions involved in the Arkansas Biosciences Institute or as otherwise identified by the Arkansas Biosciences Institute Board of the Arkansas Biosciences Institute and which is reasonably related, or complementary to, research identified in subdivisions (b)(1)-(4) of this section. (c) (1) Arkansas Biosciences Institute Board. There is hereby established the Arkansas Biosciences Institute Board which shall consist of the following: the President of the University of Arkansas; the President of Arkansas State University; the Chancellor of the University of Arkansas for Medical Sciences; the Chancellor of the University of Arkansas at Fayetteville; the Vice President for Agriculture of the University of Arkansas; the Director of the Arkansas Economic Development Commission; the Director of the National Center for Toxicological Research; the President of Arkansas Children's Hospital; and two (2) individuals possessing recognized scientific, academic or business qualifications appointed by the Governor. The two (2) members of the Arkansas Biosciences Institute Board who are appointed by the Governor will serve four-year terms and are limited to serving two (2) consecutive four-year terms. The terms shall commence on October 1 of each year. These members appointed by the Governor are not entitled to compensation for their services, but may receive expense reimbursement in accordance with § 25-16-902 , to be paid from funds appropriated for this program. The Arkansas Biosciences Institute Board shall establish and appoint the members of an Industry Advisory Committee and a Science Advisory Committee composed of knowledgeable persons in the fields of industry and science. These Committees shall serve as resources for the Arkansas Biosciences Institute Board in their respective areas and will provide an avenue of communication to the Arkansas Biosciences Institute Board on areas of potential research. (2) The Arkansas Biosciences Institute Board shall establish rules for governance for Board affairs and shall: (A) provide overall coordination of the program; (B) develop procedures for recruitment and supervision of member institution research review panels, the membership of which shall vary depending on the subject matter of proposals and review requirements, and may, in order to avoid conflicts of interest and to ensure access to qualified reviews, recommend reviewers not only from Arkansas but also from outside the state; (C) provide for systematic dissemination of research results to the public and the healthcare community, including work to produce public service advertising on screening and research results, and provide for mechanisms to disseminate the most current research findings in the areas of cause and prevention, cure diagnosis and treatment of tobacco related illnesses, in order that these findings may be applied to the planning, implementation and evaluation of any other research programs of this state; (D) develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law; and (E) transmit on or before the end of each calendar year on an annual basis, a report to the General Assembly and the Governor on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, all of the following information: (i) the number and dollar amounts of internal and external research grants, including the amount allocated to negotiated indirect costs; (ii) the subject of research grants; (iii) the relationship between federal and state funding for research; (iv) the relationship between each project and the overall strategy of the research program; (v) a summary of research findings, including discussion of promising new areas; and (vi) the corporations, institutions, and campuses receiving grant awards. (d) Director. The director of the Arkansas Biosciences Institute shall be appointed by the President of the University of Arkansas, in consultation with the President of Arkansas State University, and the President of Arkansas Children's Hospital, and based upon the advice and recommendation of the Arkansas Biosciences Institute Board. The Director shall be an employee of the University of Arkansas and shall serve at the pleasure of the President of the University of Arkansas. The Director shall be responsible for recommending policies and procedures to the Arkansas Biosciences Institute Board for its internal operation and shall establish and ensure methods of communication among the units and divisions of the University of Arkansas, Arkansas Children's Hospital and Arkansas State University and their faculty and employees engaged in research under the auspices of the Arkansas Biosciences Institute. The Director shall undertake such administrative duties as may be necessary to facilitate conduct of research under the auspices of the Arkansas Biosciences Institute. The Director shall perform such other duties as are established by the President of the University of Arkansas in consultation with the President of Arkansas State University, the President of Arkansas Children's Hospital and with the input of the Arkansas Biosciences Institute Board. (e) Conduct of Research. Research performed under the auspices of the Arkansas Biosciences Institute shall be conducted in accordance with the policies of the University of Arkansas, Arkansas Children's Hospital, and Arkansas State University, as applicable. The Arkansas Biosciences Institute Board and the Director shall facilitate the establishment of centers to focus on research in agri-medicine, environmental biotechnology, medical genetics, bio-engineering and industry development. Such centers shall be established in accordance with procedures adopted by the Arkansas Biosciences Institute Board, and shall provide for interdisciplinary collaborative efforts with a specific research and educational objectives. (f) In determining research projects and areas to be supported from such appropriated funds, each of the respective institutions shall assure that adequate opportunities are given to faculty and other researchers to submit proposals for projects to be supported in whole or in part from such funds. At least annually the Arkansas Biosciences Institute Board shall review research being conducted under the auspices of the Arkansas Biosciences Institute and may make recommendations to the President of the University of Arkansas and the President of Arkansas State University and President of Arkansas Children's Hospital of ways in which such research funds may be more efficiently employed or of collaborative efforts which would maximize the utilization of available funds. (g) The programs described in this section shall be administered pursuant to a strategic plan encompassing the elements of a mission statement, defined program(s), and program goals with measurable objectives and strategies to be implemented over a specific timeframe. Evaluation of each program shall include performance based measures for accountability which will measure specific health related results. (h) Each of the programs adopted pursuant to this Section shall be subject to the monitoring and evaluation procedures described in § 19-12-118 . Amended by Act 2019, No. 910,§ 498, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 112, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 112, eff. 7/1/2015. Init. Meas. 2000, No. 1, § 15.

(a) It is the intent of this chapter to hereby establish the Arkansas Biosciences Institute for the educational and research purposes set forth hereinafter to encourage and foster the conduct of research through the University of Arkansas, Division of Agriculture of the University of Arkansas, the University of Arkansas for Medical Sciences, University of Arkansas at Fayetteville, Arkansas Children's Hospital and Arkansas State University. The Arkansas Biosciences Institute is part of a broad program to address health issues with specific emphasis on smoking and the use of tobacco products. The Arkansas Biosciences Institute is intended to develop more fully the interdisciplinary opportunities for research primarily in the areas set forth hereinafter.

(b) Purposes. The Arkansas Biosciences Institute is established for the following purposes: (1) to conduct agricultural research with medical implications; (2) to conduct bioengineering research focused on the expansion of genetic knowledge and new potential applications in the agricultural-medical fields; (3) to conduct tobacco-related research that focuses on the identification and applications of behavioral, diagnostic and therapeutic research addressing the high level of tobacco-related illnesses in the State of Arkansas; (4) to conduct nutritional and other research focusing on prevention or treatment of cancer, congenital or hereditary conditions or other related conditions; and (5) to conduct other research identified by the primary educational and research institutions involved in the Arkansas Biosciences Institute or as otherwise identified by the Arkansas Biosciences Institute Board of the Arkansas Biosciences Institute and which is reasonably related, or complementary to, research identified in subdivisions (b)(1)-(4) of this section.

(1) to conduct agricultural research with medical implications;

(2) to conduct bioengineering research focused on the expansion of genetic knowledge and new potential applications in the agricultural-medical fields;

(3) to conduct tobacco-related research that focuses on the identification and applications of behavioral, diagnostic and therapeutic research addressing the high level of tobacco-related illnesses in the State of Arkansas;

(4) to conduct nutritional and other research focusing on prevention or treatment of cancer, congenital or hereditary conditions or other related conditions; and

(5) to conduct other research identified by the primary educational and research institutions involved in the Arkansas Biosciences Institute or as otherwise identified by the Arkansas Biosciences Institute Board of the Arkansas Biosciences Institute and which is reasonably related, or complementary to, research identified in subdivisions (b)(1)-(4) of this section.

(c) (1) Arkansas Biosciences Institute Board. There is hereby established the Arkansas Biosciences Institute Board which shall consist of the following: the President of the University of Arkansas; the President of Arkansas State University; the Chancellor of the University of Arkansas for Medical Sciences; the Chancellor of the University of Arkansas at Fayetteville; the Vice President for Agriculture of the University of Arkansas; the Director of the Arkansas Economic Development Commission; the Director of the National Center for Toxicological Research; the President of Arkansas Children's Hospital; and two (2) individuals possessing recognized scientific, academic or business qualifications appointed by the Governor. The two (2) members of the Arkansas Biosciences Institute Board who are appointed by the Governor will serve four-year terms and are limited to serving two (2) consecutive four-year terms. The terms shall commence on October 1 of each year. These members appointed by the Governor are not entitled to compensation for their services, but may receive expense reimbursement in accordance with § 25-16-902 , to be paid from funds appropriated for this program. The Arkansas Biosciences Institute Board shall establish and appoint the members of an Industry Advisory Committee and a Science Advisory Committee composed of knowledgeable persons in the fields of industry and science. These Committees shall serve as resources for the Arkansas Biosciences Institute Board in their respective areas and will provide an avenue of communication to the Arkansas Biosciences Institute Board on areas of potential research. (2) The Arkansas Biosciences Institute Board shall establish rules for governance for Board affairs and shall: (A) provide overall coordination of the program; (B) develop procedures for recruitment and supervision of member institution research review panels, the membership of which shall vary depending on the subject matter of proposals and review requirements, and may, in order to avoid conflicts of interest and to ensure access to qualified reviews, recommend reviewers not only from Arkansas but also from outside the state; (C) provide for systematic dissemination of research results to the public and the healthcare community, including work to produce public service advertising on screening and research results, and provide for mechanisms to disseminate the most current research findings in the areas of cause and prevention, cure diagnosis and treatment of tobacco related illnesses, in order that these findings may be applied to the planning, implementation and evaluation of any other research programs of this state; (D) develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law; and (E) transmit on or before the end of each calendar year on an annual basis, a report to the General Assembly and the Governor on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, all of the following information: (i) the number and dollar amounts of internal and external research grants, including the amount allocated to negotiated indirect costs; (ii) the subject of research grants; (iii) the relationship between federal and state funding for research; (iv) the relationship between each project and the overall strategy of the research program; (v) a summary of research findings, including discussion of promising new areas; and (vi) the corporations, institutions, and campuses receiving grant awards.

(1) Arkansas Biosciences Institute Board. There is hereby established the Arkansas Biosciences Institute Board which shall consist of the following: the President of the University of Arkansas; the President of Arkansas State University; the Chancellor of the University of Arkansas for Medical Sciences; the Chancellor of the University of Arkansas at Fayetteville; the Vice President for Agriculture of the University of Arkansas; the Director of the Arkansas Economic Development Commission; the Director of the National Center for Toxicological Research; the President of Arkansas Children's Hospital; and two (2) individuals possessing recognized scientific, academic or business qualifications appointed by the Governor. The two (2) members of the Arkansas Biosciences Institute Board who are appointed by the Governor will serve four-year terms and are limited to serving two (2) consecutive four-year terms. The terms shall commence on October 1 of each year. These members appointed by the Governor are not entitled to compensation for their services, but may receive expense reimbursement in accordance with § 25-16-902 , to be paid from funds appropriated for this program. The Arkansas Biosciences Institute Board shall establish and appoint the members of an Industry Advisory Committee and a Science Advisory Committee composed of knowledgeable persons in the fields of industry and science. These Committees shall serve as resources for the Arkansas Biosciences Institute Board in their respective areas and will provide an avenue of communication to the Arkansas Biosciences Institute Board on areas of potential research.

(2) The Arkansas Biosciences Institute Board shall establish rules for governance for Board affairs and shall: (A) provide overall coordination of the program; (B) develop procedures for recruitment and supervision of member institution research review panels, the membership of which shall vary depending on the subject matter of proposals and review requirements, and may, in order to avoid conflicts of interest and to ensure access to qualified reviews, recommend reviewers not only from Arkansas but also from outside the state; (C) provide for systematic dissemination of research results to the public and the healthcare community, including work to produce public service advertising on screening and research results, and provide for mechanisms to disseminate the most current research findings in the areas of cause and prevention, cure diagnosis and treatment of tobacco related illnesses, in order that these findings may be applied to the planning, implementation and evaluation of any other research programs of this state; (D) develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law; and (E) transmit on or before the end of each calendar year on an annual basis, a report to the General Assembly and the Governor on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, all of the following information: (i) the number and dollar amounts of internal and external research grants, including the amount allocated to negotiated indirect costs; (ii) the subject of research grants; (iii) the relationship between federal and state funding for research; (iv) the relationship between each project and the overall strategy of the research program; (v) a summary of research findings, including discussion of promising new areas; and (vi) the corporations, institutions, and campuses receiving grant awards.

(A) provide overall coordination of the program;

(B) develop procedures for recruitment and supervision of member institution research review panels, the membership of which shall vary depending on the subject matter of proposals and review requirements, and may, in order to avoid conflicts of interest and to ensure access to qualified reviews, recommend reviewers not only from Arkansas but also from outside the state;

(C) provide for systematic dissemination of research results to the public and the healthcare community, including work to produce public service advertising on screening and research results, and provide for mechanisms to disseminate the most current research findings in the areas of cause and prevention, cure diagnosis and treatment of tobacco related illnesses, in order that these findings may be applied to the planning, implementation and evaluation of any other research programs of this state;

(D) develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law; and

(E) transmit on or before the end of each calendar year on an annual basis, a report to the General Assembly and the Governor on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, all of the following information: (i) the number and dollar amounts of internal and external research grants, including the amount allocated to negotiated indirect costs; (ii) the subject of research grants; (iii) the relationship between federal and state funding for research; (iv) the relationship between each project and the overall strategy of the research program; (v) a summary of research findings, including discussion of promising new areas; and (vi) the corporations, institutions, and campuses receiving grant awards.

(i) the number and dollar amounts of internal and external research grants, including the amount allocated to negotiated indirect costs;

(ii) the subject of research grants;

(iii) the relationship between federal and state funding for research;

(iv) the relationship between each project and the overall strategy of the research program;

(v) a summary of research findings, including discussion of promising new areas; and

(vi) the corporations, institutions, and campuses receiving grant awards.

(d) Director. The director of the Arkansas Biosciences Institute shall be appointed by the President of the University of Arkansas, in consultation with the President of Arkansas State University, and the President of Arkansas Children's Hospital, and based upon the advice and recommendation of the Arkansas Biosciences Institute Board. The Director shall be an employee of the University of Arkansas and shall serve at the pleasure of the President of the University of Arkansas. The Director shall be responsible for recommending policies and procedures to the Arkansas Biosciences Institute Board for its internal operation and shall establish and ensure methods of communication among the units and divisions of the University of Arkansas, Arkansas Children's Hospital and Arkansas State University and their faculty and employees engaged in research under the auspices of the Arkansas Biosciences Institute. The Director shall undertake such administrative duties as may be necessary to facilitate conduct of research under the auspices of the Arkansas Biosciences Institute. The Director shall perform such other duties as are established by the President of the University of Arkansas in consultation with the President of Arkansas State University, the President of Arkansas Children's Hospital and with the input of the Arkansas Biosciences Institute Board.

(e) Conduct of Research. Research performed under the auspices of the Arkansas Biosciences Institute shall be conducted in accordance with the policies of the University of Arkansas, Arkansas Children's Hospital, and Arkansas State University, as applicable. The Arkansas Biosciences Institute Board and the Director shall facilitate the establishment of centers to focus on research in agri-medicine, environmental biotechnology, medical genetics, bio-engineering and industry development. Such centers shall be established in accordance with procedures adopted by the Arkansas Biosciences Institute Board, and shall provide for interdisciplinary collaborative efforts with a specific research and educational objectives.

(f) In determining research projects and areas to be supported from such appropriated funds, each of the respective institutions shall assure that adequate opportunities are given to faculty and other researchers to submit proposals for projects to be supported in whole or in part from such funds. At least annually the Arkansas Biosciences Institute Board shall review research being conducted under the auspices of the Arkansas Biosciences Institute and may make recommendations to the President of the University of Arkansas and the President of Arkansas State University and President of Arkansas Children's Hospital of ways in which such research funds may be more efficiently employed or of collaborative efforts which would maximize the utilization of available funds.

(g) The programs described in this section shall be administered pursuant to a strategic plan encompassing the elements of a mission statement, defined program(s), and program goals with measurable objectives and strategies to be implemented over a specific timeframe. Evaluation of each program shall include performance based measures for accountability which will measure specific health related results.

(h) Each of the programs adopted pursuant to this Section shall be subject to the monitoring and evaluation procedures described in § 19-12-118 .

Amended by Act 2019, No. 910,§ 498, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 112, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 112, eff. 7/1/2015.

Init. Meas. 2000, No. 1, § 15.
Ark. Code Ann. § 19-4-904 — AR Code / Title 19 / Chapter 4 / Subchapter 9 / Section 19-4-904
Exempt persons and agencies
Status: in_force

(a) (1) The limitations of this subchapter relating to travel rules shall not be applicable to: (A) Except as provided in § 19-4-903(b) , the constitutional or elective officials and their employees; or (B) Official guests of the state. (2) The provisions of this subchapter shall not be used to supersede or set aside the provisions of law providing for fixed allowances, established amounts for per diem, or to special travel privileges provided by law for specific purposes when the allowances exceed those authorized in this subchapter. (b) (1) Personal reimbursement will not be allowed to any state official, state employee, or any other person traveling on official business for expenses covering personal entertainment, flowers, valet service, laundry and cleaning, or other personal expenses, as those expenses shall be defined in the state travel rules. All such persons shall be required to submit their travel reimbursement requests upon forms prescribed by the Department of Finance and Administration, itemized in such detail as shall be necessary to carry out the purposes and intent of this section. (2) The tip reimbursement amount shall not exceed fifteen percent (15%) of the meal amount expended. (3) The total reimbursement for meals and tips shall not exceed the maximum rates prescribed by the Financial Management Guide published by the Office of Accounting of the Department of Finance and Administration. (c) The cost of meals, lodging, and mileage of state employees who are designated by a supervisor or agency director to attend official or special board meetings or other functions recognized as being in the performance of their official duties may be paid either as reimbursement to the employee or on direct billing, in the case of meals and lodging, subject to approval of the superior. (d) It is recognized that within the state-supported institutions of higher education there exists an obligatory inherent cost of providing travel expenses for a group or number of students who, when accompanied by those who instruct the students in the fundamentals of a competitive sport and direct team strategy, must travel and be recognized as a cohesive unit representing not only their institution, but exemplifying the State of Arkansas in their behavior, attitudes, interests, presentation, and conduct. In these circumstances the payment of group travel expenses, including those of students and employees, may be authorized as follows: (1) Meals and lodging; (2) Transportation; (3) Entertainment, within reasonable limits, to ease the pressure on students of their objectives; (4) Costs of group activities, including gratuities, laundry, cleaning, and favors; and (5) Other personal expenses to be paid only from auxiliary funds not inconsistent with standards, rules, or prohibitions established by recognized national or state governing associations pertaining to the respective students and employees and the institutions they are representing. Amended by Act 2019, No. 315,§ 1719, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1718, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1717, eff. 7/24/2019. Acts 1973, No. 876, § 16; 1981, No. 741, § 3; 1985, No. 365, § 7; A.S.A. 1947, § 13-342; Acts 1997, No. 250, § 174; 2007, No. 715, § 1; 2011, No. 1021, § 2.

(a) (1) The limitations of this subchapter relating to travel rules shall not be applicable to: (A) Except as provided in § 19-4-903(b) , the constitutional or elective officials and their employees; or (B) Official guests of the state. (2) The provisions of this subchapter shall not be used to supersede or set aside the provisions of law providing for fixed allowances, established amounts for per diem, or to special travel privileges provided by law for specific purposes when the allowances exceed those authorized in this subchapter.

(1) The limitations of this subchapter relating to travel rules shall not be applicable to: (A) Except as provided in § 19-4-903(b) , the constitutional or elective officials and their employees; or (B) Official guests of the state.

(A) Except as provided in § 19-4-903(b) , the constitutional or elective officials and their employees; or

(B) Official guests of the state.

(2) The provisions of this subchapter shall not be used to supersede or set aside the provisions of law providing for fixed allowances, established amounts for per diem, or to special travel privileges provided by law for specific purposes when the allowances exceed those authorized in this subchapter.

(b) (1) Personal reimbursement will not be allowed to any state official, state employee, or any other person traveling on official business for expenses covering personal entertainment, flowers, valet service, laundry and cleaning, or other personal expenses, as those expenses shall be defined in the state travel rules. All such persons shall be required to submit their travel reimbursement requests upon forms prescribed by the Department of Finance and Administration, itemized in such detail as shall be necessary to carry out the purposes and intent of this section. (2) The tip reimbursement amount shall not exceed fifteen percent (15%) of the meal amount expended. (3) The total reimbursement for meals and tips shall not exceed the maximum rates prescribed by the Financial Management Guide published by the Office of Accounting of the Department of Finance and Administration.

(1) Personal reimbursement will not be allowed to any state official, state employee, or any other person traveling on official business for expenses covering personal entertainment, flowers, valet service, laundry and cleaning, or other personal expenses, as those expenses shall be defined in the state travel rules. All such persons shall be required to submit their travel reimbursement requests upon forms prescribed by the Department of Finance and Administration, itemized in such detail as shall be necessary to carry out the purposes and intent of this section.

(2) The tip reimbursement amount shall not exceed fifteen percent (15%) of the meal amount expended.

(3) The total reimbursement for meals and tips shall not exceed the maximum rates prescribed by the Financial Management Guide published by the Office of Accounting of the Department of Finance and Administration.

(c) The cost of meals, lodging, and mileage of state employees who are designated by a supervisor or agency director to attend official or special board meetings or other functions recognized as being in the performance of their official duties may be paid either as reimbursement to the employee or on direct billing, in the case of meals and lodging, subject to approval of the superior.

(d) It is recognized that within the state-supported institutions of higher education there exists an obligatory inherent cost of providing travel expenses for a group or number of students who, when accompanied by those who instruct the students in the fundamentals of a competitive sport and direct team strategy, must travel and be recognized as a cohesive unit representing not only their institution, but exemplifying the State of Arkansas in their behavior, attitudes, interests, presentation, and conduct. In these circumstances the payment of group travel expenses, including those of students and employees, may be authorized as follows: (1) Meals and lodging; (2) Transportation; (3) Entertainment, within reasonable limits, to ease the pressure on students of their objectives; (4) Costs of group activities, including gratuities, laundry, cleaning, and favors; and (5) Other personal expenses to be paid only from auxiliary funds not inconsistent with standards, rules, or prohibitions established by recognized national or state governing associations pertaining to the respective students and employees and the institutions they are representing.

(1) Meals and lodging;

(2) Transportation;

(3) Entertainment, within reasonable limits, to ease the pressure on students of their objectives;

(4) Costs of group activities, including gratuities, laundry, cleaning, and favors; and

(5) Other personal expenses to be paid only from auxiliary funds not inconsistent with standards, rules, or prohibitions established by recognized national or state governing associations pertaining to the respective students and employees and the institutions they are representing.

Amended by Act 2019, No. 315,§ 1719, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1718, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1717, eff. 7/24/2019.

Acts 1973, No. 876, § 16; 1981, No. 741, § 3; 1985, No. 365, § 7; A.S.A. 1947, § 13-342; Acts 1997, No. 250, § 174; 2007, No. 715, § 1; 2011, No. 1021, § 2.
Ark. Code Ann. § 19-6-479 — AR Code / Title 19 / Chapter 6 / Subchapter 4 / Section 19-6-479
Economic Development Incentive Fund
Status: in_force

The Economic Development Incentive Fund shall consist of those special revenues as specified in § 19-6-301 (181), there to be used for financial incentive plans to provide businesses with an incentive to locate a new facility or expand an existing facility in Arkansas and for the other purposes as set out in the Arkansas Economic Development Incentive Act of 1993, § 15-4-1601 et seq. Acts 1995, No. 270, § 11.

The Economic Development Incentive Fund shall consist of those special revenues as specified in § 19-6-301 (181), there to be used for financial incentive plans to provide businesses with an incentive to locate a new facility or expand an existing facility in Arkansas and for the other purposes as set out in the Arkansas Economic Development Incentive Act of 1993, § 15-4-1601 et seq.

Acts 1995, No. 270, § 11.
Ark. Code Ann. § 19-5-701 — AR Code / Title 19 / Chapter 5 / Subchapter 7 / Section 19-5-701
Purpose
Status: in_force

It is the purpose of this subchapter that all programs, regardless of their funding source, contribute equally to the cost of unemployment compensation benefits charged to the state agencies operating such programs. It is not the intent of this subchapter that the State of Arkansas relinquish its status as a nontaxable reimbursable employer under the Division of Workforce Services Law, § 11-10-101 et seq. Amended by Act 2019, No. 910,§ 479, eff. 7/1/2019. Acts 1977, No. 608, § 1; A.S.A. 1947, § 13-554.

It is the purpose of this subchapter that all programs, regardless of their funding source, contribute equally to the cost of unemployment compensation benefits charged to the state agencies operating such programs. It is not the intent of this subchapter that the State of Arkansas relinquish its status as a nontaxable reimbursable employer under the Division of Workforce Services Law, § 11-10-101 et seq.

Amended by Act 2019, No. 910,§ 479, eff. 7/1/2019.

Acts 1977, No. 608, § 1; A.S.A. 1947, § 13-554.
Ark. Code Ann. § 19-4-1611 — AR Code / Title 19 / Chapter 4 / Subchapter 16 / Section 19-4-1611
Supplemental payments prohibited
Status: in_force

In the event the General Assembly shall have established by law the maximum annual salaries for certain positions for any state agency and shall have appropriated for those positions, no greater salary than that established by law shall be paid to any person occupying the position by making supplemental payments from agency bank funds. However, the salaries may be paid partly from state-appropriated funds and partly from agency bank funds, but the aggregate of the payments shall not exceed the maximum annual salary rate, where it is established by law. Acts 1973, No. 876, § 23; A.S.A. 1947, § 13-349.

In the event the General Assembly shall have established by law the maximum annual salaries for certain positions for any state agency and shall have appropriated for those positions, no greater salary than that established by law shall be paid to any person occupying the position by making supplemental payments from agency bank funds. However, the salaries may be paid partly from state-appropriated funds and partly from agency bank funds, but the aggregate of the payments shall not exceed the maximum annual salary rate, where it is established by law.

Acts 1973, No. 876, § 23; A.S.A. 1947, § 13-349.