Ark. Code Ann. § 25-4-103 — AR Code / Title 25 / Chapter 4 / Section 25-4-103
Definitions
Status: in_force

As used in this chapter: (1) "Application" means a separately identifiable and interrelated set of information technology resources that allows information processing to support specifically defined objectives; (2) "Core information technology infrastructure" means the state data, state network and application interfaces, state security, and disaster recovery; (3) "Customer" means a state agency, other governmental entity, or nongovernmental first responder entity that purchases or uses services under this chapter; (4) "Equipment" means the machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related services; (5) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions; (6) "Information technology" means any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training; (7) "Information technology resources" means the procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors; (8) "Network infrastructure" means the shared portions of the state's telecommunications transmission facilities, including all transmission lines and all associated equipment and software components necessary for the management and control of the state network; (9) "Nongovernmental first responder entity" means state and law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other emergencies; (10) "Other governmental entities" means state-elected constitutional officers and their staffs, the Supreme Court and the Administrative Office of the Courts, the General Assembly or its committees or staffs, the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, the federal government, cities, counties, municipalities, public school districts, and other publicly funded governmental entities; (11) "Project" means a program to apply information technology resources to functions within or among elements of a state agency that ideally is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding; (12) "Project management" means principles, practices, and techniques applied to lead projects and teams and the control of project schedules, costs, and performance risks with the goal of satisfying customers' requirements; (13) "Public instrumentality" means any statutorily created entity charged with the responsibility of providing information or services through the use of information technology; (14) "State agencies" means all state departments, boards, and commissions but shall not include the Office of the Arkansas Lottery, the elected constitutional officers and their staffs, the General Assembly and its committees and staffs, or the Supreme Court and the Administrative Office of the Courts, and public institutions of higher education with respect to academic, research, health care, and existing information technology applications and underlying support therefor; (15) "State Chief Technology Officer" means the Director of the Division of Information Systems; (16) "State enterprise architecture" means a description of the elements of business processes and supporting technologies, policies, standards, procedures, solutions, and infrastructures that: (A) Makes up an enterprise; and (B) Documents how the components described in this subdivision (16) relate to one another, and the principles that govern their design and evolution over time; (17) "Telecommunications" means all forms of communications devices and transport media for the conveyance by electronic or electrical means of voice, words, data, signals, or images; and (18) "Working group" means a group of subject matter experts convened for the purpose of collaborating and devising strategies. Amended by Act 2019, No. 910,§ 6261, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 288, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 29, eff. 2/26/2015. Acts 1977, No. 884, § 2; A.S.A. 1947, § 5-1402; Acts 1997, No. 914, § 3; 2001, No. 1722, § 2; 2005, No. 1999, § 2; 2007, No. 751, § 11; 2009, No. 648, § 2; 2009, No. 1405, § 51.

As used in this chapter:

(1) "Application" means a separately identifiable and interrelated set of information technology resources that allows information processing to support specifically defined objectives;

(2) "Core information technology infrastructure" means the state data, state network and application interfaces, state security, and disaster recovery;

(3) "Customer" means a state agency, other governmental entity, or nongovernmental first responder entity that purchases or uses services under this chapter;

(4) "Equipment" means the machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related services;

(5) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

(6) "Information technology" means any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;

(7) "Information technology resources" means the procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors;

(8) "Network infrastructure" means the shared portions of the state's telecommunications transmission facilities, including all transmission lines and all associated equipment and software components necessary for the management and control of the state network;

(9) "Nongovernmental first responder entity" means state and law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other emergencies;

(10) "Other governmental entities" means state-elected constitutional officers and their staffs, the Supreme Court and the Administrative Office of the Courts, the General Assembly or its committees or staffs, the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, the federal government, cities, counties, municipalities, public school districts, and other publicly funded governmental entities;

(11) "Project" means a program to apply information technology resources to functions within or among elements of a state agency that ideally is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding;

(12) "Project management" means principles, practices, and techniques applied to lead projects and teams and the control of project schedules, costs, and performance risks with the goal of satisfying customers' requirements;

(13) "Public instrumentality" means any statutorily created entity charged with the responsibility of providing information or services through the use of information technology;

(14) "State agencies" means all state departments, boards, and commissions but shall not include the Office of the Arkansas Lottery, the elected constitutional officers and their staffs, the General Assembly and its committees and staffs, or the Supreme Court and the Administrative Office of the Courts, and public institutions of higher education with respect to academic, research, health care, and existing information technology applications and underlying support therefor;

(15) "State Chief Technology Officer" means the Director of the Division of Information Systems;

(16) "State enterprise architecture" means a description of the elements of business processes and supporting technologies, policies, standards, procedures, solutions, and infrastructures that: (A) Makes up an enterprise; and (B) Documents how the components described in this subdivision (16) relate to one another, and the principles that govern their design and evolution over time;

(A) Makes up an enterprise; and

(B) Documents how the components described in this subdivision (16) relate to one another, and the principles that govern their design and evolution over time;

(17) "Telecommunications" means all forms of communications devices and transport media for the conveyance by electronic or electrical means of voice, words, data, signals, or images; and

(18) "Working group" means a group of subject matter experts convened for the purpose of collaborating and devising strategies.

Amended by Act 2019, No. 910,§ 6261, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 288, eff. 8/1/2017.

Amended by Act 2015, No. 218,§ 29, eff. 2/26/2015.

Acts 1977, No. 884, § 2; A.S.A. 1947, § 5-1402; Acts 1997, No. 914, § 3; 2001, No. 1722, § 2; 2005, No. 1999, § 2; 2007, No. 751, § 11; 2009, No. 648, § 2; 2009, No. 1405, § 51.
Ark. Code Ann. § 25-27-103 — AR Code / Title 25 / Chapter 27 / Section 25-27-103
Board
Status: in_force

(a) There is created the Information Network of Arkansas, a public instrumentality carrying out an essential government function, which shall be governed by a board consisting of twelve (12) voting members, as follows: (1) The Director of the Arkansas Economic Development Commission or his or her designee; (2) The Secretary of State, or the Secretary of State's designee; (3) The Secretary of the Department of Finance and Administration, or his or her designee; (4) Two (2) members, or their designees, who are chief executive officers of agencies of the executive branch other than the Department of Finance and Administration and the Division of Information Systems, shall be appointed by the Governor; (5) (A) (i) (a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association. (b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate. (ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association. (B) Such members shall serve staggered three-year terms; (6) (A) One (1) member who is a public library director appointed by the Governor after consulting the President of the Arkansas Library Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term; (7) (A) One (1) member appointed by the Governor after consulting the Arkansas Bar Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term; and (8) The Director of the Division of Information Systems, or the director's designee. (b) (1) The board shall annually elect one (1) member from the board as chair of the board. (2) The board may also elect a vice chair and a secretary. (c) (1) Six (6) members of the board shall constitute a quorum, and the affirmative vote of six (6) members shall be necessary for any action taken by the board. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all the duties of the board. (d) The board shall meet at least semiannually. (e) Members of the board shall serve without compensation but shall be eligible to receive reimbursement for mileage and reimbursement for expenses in accordance with § 25-16-902 . Amended by Act 2019, No. 910,§ 6312, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6311, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6310, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 115, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 115, eff. 7/1/2015. Amended by Act 2015, No. 1100,§ 62, eff. 7/22/2015. Acts 1995, No. 1139, § 3; 1997, No. 914, § 25; 1999, No. 538, § 2.

(a) There is created the Information Network of Arkansas, a public instrumentality carrying out an essential government function, which shall be governed by a board consisting of twelve (12) voting members, as follows: (1) The Director of the Arkansas Economic Development Commission or his or her designee; (2) The Secretary of State, or the Secretary of State's designee; (3) The Secretary of the Department of Finance and Administration, or his or her designee; (4) Two (2) members, or their designees, who are chief executive officers of agencies of the executive branch other than the Department of Finance and Administration and the Division of Information Systems, shall be appointed by the Governor; (5) (A) (i) (a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association. (b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate. (ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association. (B) Such members shall serve staggered three-year terms; (6) (A) One (1) member who is a public library director appointed by the Governor after consulting the President of the Arkansas Library Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term; (7) (A) One (1) member appointed by the Governor after consulting the Arkansas Bar Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term; and (8) The Director of the Division of Information Systems, or the director's designee.

(1) The Director of the Arkansas Economic Development Commission or his or her designee;

(2) The Secretary of State, or the Secretary of State's designee;

(3) The Secretary of the Department of Finance and Administration, or his or her designee;

(4) Two (2) members, or their designees, who are chief executive officers of agencies of the executive branch other than the Department of Finance and Administration and the Division of Information Systems, shall be appointed by the Governor;

(5) (A) (i) (a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association. (b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate. (ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association. (B) Such members shall serve staggered three-year terms;

(A) (i) (a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association. (b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate. (ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association.

(i) (a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association. (b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate.

(a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association.

(b) Members appointed by the Governor under subdivision (a)(5)(A)(i) (a) of this section shall be subject to confirmation by the Senate.

(ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association.

(B) Such members shall serve staggered three-year terms;

(6) (A) One (1) member who is a public library director appointed by the Governor after consulting the President of the Arkansas Library Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term;

(A) One (1) member who is a public library director appointed by the Governor after consulting the President of the Arkansas Library Association and subject to confirmation by the Senate.

(B) The member shall serve a three-year term;

(7) (A) One (1) member appointed by the Governor after consulting the Arkansas Bar Association and subject to confirmation by the Senate. (B) The member shall serve a three-year term; and

(A) One (1) member appointed by the Governor after consulting the Arkansas Bar Association and subject to confirmation by the Senate.

(B) The member shall serve a three-year term; and

(8) The Director of the Division of Information Systems, or the director's designee.

(b) (1) The board shall annually elect one (1) member from the board as chair of the board. (2) The board may also elect a vice chair and a secretary.

(1) The board shall annually elect one (1) member from the board as chair of the board.

(2) The board may also elect a vice chair and a secretary.

(c) (1) Six (6) members of the board shall constitute a quorum, and the affirmative vote of six (6) members shall be necessary for any action taken by the board. (2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all the duties of the board.

(1) Six (6) members of the board shall constitute a quorum, and the affirmative vote of six (6) members shall be necessary for any action taken by the board.

(2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all the duties of the board.

(d) The board shall meet at least semiannually.

(e) Members of the board shall serve without compensation but shall be eligible to receive reimbursement for mileage and reimbursement for expenses in accordance with § 25-16-902 .

Amended by Act 2019, No. 910,§ 6312, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6311, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6310, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 115, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 115, eff. 7/1/2015.

Amended by Act 2015, No. 1100,§ 62, eff. 7/22/2015.

Acts 1995, No. 1139, § 3; 1997, No. 914, § 25; 1999, No. 538, § 2.
Ark. Code Ann. § 25-43-805 — AR Code / Title 25 / Chapter 43 / Subchapter 8 / Section 25-43-805
Office of Oral Health
Status: in_force

(a) The Department of Health shall maintain an Office of Oral Health. (b) (1) The Secretary of the Department of Health may appoint a Director of the Office of Oral Health. (2) The Director of the Office of Oral Health shall be an experienced public health dentist licensed to practice under the Arkansas Dental Practice Act, § 17-82-101 et seq. (3) The Director of the Office of Oral Health shall: (A) Plan, direct, and coordinate all dental public health programs with other local, state, and national health programs; (B) Serve as the department's chief advisor on matters involving oral health; and (C) Plan, implement, and evaluate all oral health programs within the department. Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.

(a) The Department of Health shall maintain an Office of Oral Health.

(b) (1) The Secretary of the Department of Health may appoint a Director of the Office of Oral Health. (2) The Director of the Office of Oral Health shall be an experienced public health dentist licensed to practice under the Arkansas Dental Practice Act, § 17-82-101 et seq. (3) The Director of the Office of Oral Health shall: (A) Plan, direct, and coordinate all dental public health programs with other local, state, and national health programs; (B) Serve as the department's chief advisor on matters involving oral health; and (C) Plan, implement, and evaluate all oral health programs within the department.

(1) The Secretary of the Department of Health may appoint a Director of the Office of Oral Health.

(2) The Director of the Office of Oral Health shall be an experienced public health dentist licensed to practice under the Arkansas Dental Practice Act, § 17-82-101 et seq.

(3) The Director of the Office of Oral Health shall: (A) Plan, direct, and coordinate all dental public health programs with other local, state, and national health programs; (B) Serve as the department's chief advisor on matters involving oral health; and (C) Plan, implement, and evaluate all oral health programs within the department.

(A) Plan, direct, and coordinate all dental public health programs with other local, state, and national health programs;

(B) Serve as the department's chief advisor on matters involving oral health; and

(C) Plan, implement, and evaluate all oral health programs within the department.

Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Ark. Code Ann. § 25-20-503 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-503
Contributions of public agency properties
Status: in_force

(a) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies find necessary or appropriate to the ownership and operation of a consolidated wastewater system by the public body, provided that: (1) Any contributions of reserve funds held in trust under § 14-73-101 et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund that complies with the requirements of § 14-73-101 et seq.; and (2) Any contribution of sales or use tax proceeds held or to be collected by participating public agencies for wastewater uses shall be used only for the uses designated in the ordinance providing for the approval of those funds. (b) Contributions of properties under this section shall be on the terms and conditions and for consideration as the participating public agencies find just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration. (c) Participating public agencies may execute contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this section. Acts 2009, No. 1371, § 1.

(a) Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies find necessary or appropriate to the ownership and operation of a consolidated wastewater system by the public body, provided that: (1) Any contributions of reserve funds held in trust under § 14-73-101 et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund that complies with the requirements of § 14-73-101 et seq.; and (2) Any contribution of sales or use tax proceeds held or to be collected by participating public agencies for wastewater uses shall be used only for the uses designated in the ordinance providing for the approval of those funds.

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

(2) Any contribution of sales or use tax proceeds held or to be collected by participating public agencies for wastewater uses shall be used only for the uses designated in the ordinance providing for the approval of those funds.

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

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

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-16-704 — AR Code / Title 25 / Chapter 16 / Subchapter 7 / Section 25-16-704
Representation of state interests in Supreme Court - Writs of quo warranto
Status: in_force

(a) The Attorney General shall attend the several sittings of the Supreme Court and shall maintain and defend the interests of the state in all matters before that tribunal. (b) He or she shall have full power to issue writs of quo warranto in all cases where the writs should properly issue. (c) If he or she shall fail to attend any term of the Supreme Court in which cases may be pending for or against the state, shall fail to prosecute or defend the cases, and shall fail to furnish a substitute, the court may appoint a substitute. The attorney so appointed shall receive, as a compensation for his or her services for attending any term of the court and prosecuting or defending the suits, the sum of two hundred dollars ($200), to be paid out of the salary of the Attorney General on the certificate of the court. Acts 1843, § 2, p. 117; 1857, § 6, p. 117; C. & M. Dig., §§ 4527, 4528; Pope's Dig., §§ 5584, 5585; A.S.A. 1947, §§ 12-713, 12-714.

(a) The Attorney General shall attend the several sittings of the Supreme Court and shall maintain and defend the interests of the state in all matters before that tribunal.

(b) He or she shall have full power to issue writs of quo warranto in all cases where the writs should properly issue.

(c) If he or she shall fail to attend any term of the Supreme Court in which cases may be pending for or against the state, shall fail to prosecute or defend the cases, and shall fail to furnish a substitute, the court may appoint a substitute. The attorney so appointed shall receive, as a compensation for his or her services for attending any term of the court and prosecuting or defending the suits, the sum of two hundred dollars ($200), to be paid out of the salary of the Attorney General on the certificate of the court.

Acts 1843, § 2, p. 117; 1857, § 6, p. 117; C. & M. Dig., §§ 4527, 4528; Pope's Dig., §§ 5584, 5585; A.S.A. 1947, §§ 12-713, 12-714.
Ark. Code Ann. § 25-15-207 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-207
Rules - Actions for declaratory judgments
Status: in_force

(a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property. (b) The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court. (c) The agency shall be made defendant in that action. (d) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. Acts 1967, No. 434, § 5; A.S.A. 1947, § 5-705.

(a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person, business, or property.

(b) The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Pulaski County Circuit Court.

(c) The agency shall be made defendant in that action.

(d) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Acts 1967, No. 434, § 5; A.S.A. 1947, § 5-705.
Ark. Code Ann. § 25-20-518 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-518
Immunity
Status: in_force

(a) This subchapter does not affect the immunity of the participating public agencies. (b) Immunity extends to any public body created under this subchapter and to each commissioner, officer, and employee thereof. Acts 2009, No. 1371, § 1.

(a) This subchapter does not affect the immunity of the participating public agencies.

(b) Immunity extends to any public body created under this subchapter and to each commissioner, officer, and employee thereof.

Acts 2009, No. 1371, § 1.
Ark. Code Ann. § 25-20-510 — AR Code / Title 25 / Chapter 20 / Subchapter 5 / Section 25-20-510
Improvements - Financing with bonds
Status: in_force

(a) If a public body under this subchapter owns or operates a consolidated wastewater system and desires to construct improvements, betterments, and extensions thereto, it may issue revenue bonds under this section for the payment thereof. (b) The issuance of bonds shall be authorized by resolution of the board of commissioners. (c) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form. (d) The bonds may be in such form and denominations, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the state, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions as the board of commissioners determines. (e) The bonds shall have all the qualities of and shall be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration under this section. (f) The authorizing resolution may contain other terms, covenants, and conditions that the board of commissioners finds reasonable and desirable, including without limitation conditions concerning the maintenance of various funds and reserves, the nature and extent of any security for payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing for authorized purposes, and the rights, duties, and obligations of the public body and the holders and registered owners of the bonds. (g) (1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas. (2) The trust indenture may contain any terms, covenants, and conditions found desirable by the board of commissioners, including without limitation conditions concerning the maintenance of various funds and reserves, the nature and extent of any security for the payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the public body and the holders and registered owners of the bonds. (h) An authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the public body and holders and registered owners of the bonds, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the public body may be enforced by mandamus or other appropriate proceeding in a court of proper jurisdiction. (i) (1) The resolution shall fix the minimum rate or rates for the use of and the service rendered by the consolidated wastewater system to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system for the purpose of paying the bonds and interest thereon. (2) The rates to be charged for the services of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds shall be sufficient to provide for the payment of all principal of and interest on all bonds when due, to provide for the operation and maintenance of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds, and to provide an adequate depreciation account for the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds. (j) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments, improvements, and extensions to the consolidated wastewater system owned and operated by the public body, paying interest on the bonds during the period of construction of the betterments, improvements, and extensions, establishing any necessary reserves for the bonds, paying the costs of issuing the bonds, and paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include a wastewater and collection system, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or facilities that may be necessary or advisable for the proper and efficient operation of the public body's consolidated wastewater system. (k) (1) Bonds issued under this section shall be payable solely from revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system. (2) The bonds shall not constitute in any event an indebtedness of nor pledge the faith and credit of the State of Arkansas or the participating public agencies within the meaning of any constitutional provisions or limitations. (3) It shall be stated plainly on the face of each bond that: (A) It is issued under this subchapter; (B) It does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) It is not backed by the full faith and credit of the State of Arkansas or the participating public agencies. (4) The bonds and the interest thereon shall be exempt from all state, county, and municipal taxation, including income taxation and inheritance taxation. (l) (1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners finds reasonable and expedient for effectuating the purposes of the public body. (2) The bonds shall be sold at a price the board of commissioners accepts, including sale at discount. (m) (1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners. (2) In case any of the officers whose signatures appear on the bonds cease to be such officers before delivery of the bonds, their signatures shall be valid and sufficient for all purposes. (3) Each bond shall be impressed or imprinted with the seal of the public body. Acts 2009, No. 1371, § 1; 2011, No. 1122, § 5.

(a) If a public body under this subchapter owns or operates a consolidated wastewater system and desires to construct improvements, betterments, and extensions thereto, it may issue revenue bonds under this section for the payment thereof.

(b) The issuance of bonds shall be authorized by resolution of the board of commissioners.

(c) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form.

(d) The bonds may be in such form and denominations, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be payable at such places within or without the state, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions as the board of commissioners determines.

(e) The bonds shall have all the qualities of and shall be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration under this section.

(f) The authorizing resolution may contain other terms, covenants, and conditions that the board of commissioners finds reasonable and desirable, including without limitation conditions concerning the maintenance of various funds and reserves, the nature and extent of any security for payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing for authorized purposes, and the rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(g) (1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas. (2) The trust indenture may contain any terms, covenants, and conditions found desirable by the board of commissioners, including without limitation conditions concerning the maintenance of various funds and reserves, the nature and extent of any security for the payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(1) The authorizing resolution may provide for the execution of a trust indenture between the public body and any financial institution within or without the State of Arkansas.

(2) The trust indenture may contain any terms, covenants, and conditions found desirable by the board of commissioners, including without limitation conditions concerning the maintenance of various funds and reserves, the nature and extent of any security for the payment of the bonds, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the investing and reinvesting of any moneys during periods not needed for authorized purposes, and the rights, duties, and obligations of the public body and the holders and registered owners of the bonds.

(h) An authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the public body and holders and registered owners of the bonds, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the public body may be enforced by mandamus or other appropriate proceeding in a court of proper jurisdiction.

(i) (1) The resolution shall fix the minimum rate or rates for the use of and the service rendered by the consolidated wastewater system to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system for the purpose of paying the bonds and interest thereon. (2) The rates to be charged for the services of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds shall be sufficient to provide for the payment of all principal of and interest on all bonds when due, to provide for the operation and maintenance of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds, and to provide an adequate depreciation account for the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds.

(1) The resolution shall fix the minimum rate or rates for the use of and the service rendered by the consolidated wastewater system to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system for the purpose of paying the bonds and interest thereon.

(2) The rates to be charged for the services of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds shall be sufficient to provide for the payment of all principal of and interest on all bonds when due, to provide for the operation and maintenance of the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds, and to provide an adequate depreciation account for the consolidated wastewater system or the specified portion of the consolidated wastewater system with revenues pledged to the payment of the bonds.

(j) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments, improvements, and extensions to the consolidated wastewater system owned and operated by the public body, paying interest on the bonds during the period of construction of the betterments, improvements, and extensions, establishing any necessary reserves for the bonds, paying the costs of issuing the bonds, and paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include a wastewater and collection system, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or facilities that may be necessary or advisable for the proper and efficient operation of the public body's consolidated wastewater system.

(1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of making betterments, improvements, and extensions to the consolidated wastewater system owned and operated by the public body, paying interest on the bonds during the period of construction of the betterments, improvements, and extensions, establishing any necessary reserves for the bonds, paying the costs of issuing the bonds, and paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.

(2) The terms "betterments", "improvements", and "extensions" include a wastewater and collection system, including land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, as well as all other real and personal property, buildings, structures, or other improvements or facilities that may be necessary or advisable for the proper and efficient operation of the public body's consolidated wastewater system.

(k) (1) Bonds issued under this section shall be payable solely from revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system. (2) The bonds shall not constitute in any event an indebtedness of nor pledge the faith and credit of the State of Arkansas or the participating public agencies within the meaning of any constitutional provisions or limitations. (3) It shall be stated plainly on the face of each bond that: (A) It is issued under this subchapter; (B) It does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) It is not backed by the full faith and credit of the State of Arkansas or the participating public agencies. (4) The bonds and the interest thereon shall be exempt from all state, county, and municipal taxation, including income taxation and inheritance taxation.

(1) Bonds issued under this section shall be payable solely from revenues derived from the consolidated wastewater system or any specified portion of the consolidated wastewater system.

(2) The bonds shall not constitute in any event an indebtedness of nor pledge the faith and credit of the State of Arkansas or the participating public agencies within the meaning of any constitutional provisions or limitations.

(3) It shall be stated plainly on the face of each bond that: (A) It is issued under this subchapter; (B) It does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and (C) It is not backed by the full faith and credit of the State of Arkansas or the participating public agencies.

(A) It is issued under this subchapter;

(B) It does not constitute an indebtedness of the State of Arkansas or the participating public agencies within any constitutional provisions or limitations; and

(C) It is not backed by the full faith and credit of the State of Arkansas or the participating public agencies.

(4) The bonds and the interest thereon shall be exempt from all state, county, and municipal taxation, including income taxation and inheritance taxation.

(l) (1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners finds reasonable and expedient for effectuating the purposes of the public body. (2) The bonds shall be sold at a price the board of commissioners accepts, including sale at discount.

(1) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the board of commissioners finds reasonable and expedient for effectuating the purposes of the public body.

(2) The bonds shall be sold at a price the board of commissioners accepts, including sale at discount.

(m) (1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners. (2) In case any of the officers whose signatures appear on the bonds cease to be such officers before delivery of the bonds, their signatures shall be valid and sufficient for all purposes. (3) Each bond shall be impressed or imprinted with the seal of the public body.

(1) The bonds shall be executed by manual or facsimile signature of the chair of the board of commissioners and the manual or facsimile signature of the secretary of the board of commissioners or any other officer of the public body authorized to do so by resolution of the board of commissioners.

(2) In case any of the officers whose signatures appear on the bonds cease to be such officers before delivery of the bonds, their signatures shall be valid and sufficient for all purposes.

(3) Each bond shall be impressed or imprinted with the seal of the public body.

Acts 2009, No. 1371, § 1; 2011, No. 1122, § 5.
Ark. Code Ann. § 25-1-104 — AR Code / Title 25 / Chapter 1 / Subchapter 1 / Section 25-1-104
Access of Department of Finance and Administration to agency records
Status: in_force

The Revenue Division, the Division of Workforce Services, the University of Arkansas at Little Rock, the University of Arkansas at Fayetteville, the Arkansas Economic Development Commission, and any other state agency, board, commission, department, institution, college, university, or authority shall make data, information, statistics, or other records of information available to the Department of Finance and Administration. Provided, however, that such information and records shall not identify persons, people, conglomerates, corporations, monopolies, or others that would from any published data or data within the possession of the office of the Secretary of the Department of Finance and Administration reveal the identity or any information or data of that particular identity that would be in conflict with federal laws. Amended by Act 2019, No. 910,§ 3563, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 247, § 20; 1997, No. 540, § 47.

The Revenue Division, the Division of Workforce Services, the University of Arkansas at Little Rock, the University of Arkansas at Fayetteville, the Arkansas Economic Development Commission, and any other state agency, board, commission, department, institution, college, university, or authority shall make data, information, statistics, or other records of information available to the Department of Finance and Administration. Provided, however, that such information and records shall not identify persons, people, conglomerates, corporations, monopolies, or others that would from any published data or data within the possession of the office of the Secretary of the Department of Finance and Administration reveal the identity or any information or data of that particular identity that would be in conflict with federal laws.

Amended by Act 2019, No. 910,§ 3563, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 247, § 20; 1997, No. 540, § 47.
Ark. Code Ann. § 25-30-109 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-109
Office of Skills Development - Created - Duties
Status: in_force

(a) (1) There is created within the Department of Commerce the Office of Skills Development. (2) (A) The Director of the Office of Skills Development shall be appointed by the Secretary of the Department of Commerce in consultation with the Career Education and Workforce Development Board. (B) The director may hire personnel necessary to carry out the duties of the office. (3) The office shall have exclusive authority to award grants under this section. (b) The office shall: (1) (A) Award grants to public and private organizations for the development and implementation of workforce training programs. (B) An organization that is awarded a grant under this section may use the grant for the training of both new and incumbent employees of businesses in this state. (C) As a condition for receiving a grant under this subsection, the office may require a public or private organization to provide matching funds at a percentage to be determined by the office; (2) Design procedures and criteria for awarding grants under this section; (3) Receive and review applications for grants under this section; (4) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section; (5) Audit and inspect the records of grant recipients; (6) Require reports from grant recipients; and (7) (A) Use available labor market information systems to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the office. (B) The office shall make the information contained in the labor market information system available on the office's website. (c) On or before October 1 of each year, the office shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the office during the preceding calendar year. (d) [Repealed.] Amended by Act 2023, No. 648,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 626, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 625, eff. 7/1/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58.

(a) (1) There is created within the Department of Commerce the Office of Skills Development. (2) (A) The Director of the Office of Skills Development shall be appointed by the Secretary of the Department of Commerce in consultation with the Career Education and Workforce Development Board. (B) The director may hire personnel necessary to carry out the duties of the office. (3) The office shall have exclusive authority to award grants under this section.

(1) There is created within the Department of Commerce the Office of Skills Development.

(2) (A) The Director of the Office of Skills Development shall be appointed by the Secretary of the Department of Commerce in consultation with the Career Education and Workforce Development Board. (B) The director may hire personnel necessary to carry out the duties of the office.

(A) The Director of the Office of Skills Development shall be appointed by the Secretary of the Department of Commerce in consultation with the Career Education and Workforce Development Board.

(B) The director may hire personnel necessary to carry out the duties of the office.

(3) The office shall have exclusive authority to award grants under this section.

(b) The office shall: (1) (A) Award grants to public and private organizations for the development and implementation of workforce training programs. (B) An organization that is awarded a grant under this section may use the grant for the training of both new and incumbent employees of businesses in this state. (C) As a condition for receiving a grant under this subsection, the office may require a public or private organization to provide matching funds at a percentage to be determined by the office; (2) Design procedures and criteria for awarding grants under this section; (3) Receive and review applications for grants under this section; (4) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section; (5) Audit and inspect the records of grant recipients; (6) Require reports from grant recipients; and (7) (A) Use available labor market information systems to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the office. (B) The office shall make the information contained in the labor market information system available on the office's website.

(1) (A) Award grants to public and private organizations for the development and implementation of workforce training programs. (B) An organization that is awarded a grant under this section may use the grant for the training of both new and incumbent employees of businesses in this state. (C) As a condition for receiving a grant under this subsection, the office may require a public or private organization to provide matching funds at a percentage to be determined by the office;

(A) Award grants to public and private organizations for the development and implementation of workforce training programs.

(B) An organization that is awarded a grant under this section may use the grant for the training of both new and incumbent employees of businesses in this state.

(C) As a condition for receiving a grant under this subsection, the office may require a public or private organization to provide matching funds at a percentage to be determined by the office;

(2) Design procedures and criteria for awarding grants under this section;

(3) Receive and review applications for grants under this section;

(4) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section;

(5) Audit and inspect the records of grant recipients;

(6) Require reports from grant recipients; and

(7) (A) Use available labor market information systems to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the office. (B) The office shall make the information contained in the labor market information system available on the office's website.

(A) Use available labor market information systems to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the office.

(B) The office shall make the information contained in the labor market information system available on the office's website.

(c) On or before October 1 of each year, the office shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the office during the preceding calendar year.

(d) [Repealed.]

Amended by Act 2023, No. 648,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 626, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 625, eff. 7/1/2019.

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

Acts 1999, No. 1323, § 58.
Ark. Code Ann. § 25-20-304 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-304
Board of commissioners
Status: in_force

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements set forth in the public body's certificate of incorporation. (2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement. (b) The commissioners shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties. (c) Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law. (d) (1) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and those officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same commissioner. (3) The secretary may cause copies to be made of all minutes and other records and documents of the public body. The secretary may give certificates under the official seal of the public body to the effect that the copies are true copies, and all persons dealing with the public body may rely upon the certificates. Acts 2001, No. 982, § 1.

(a) (1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements set forth in the public body's certificate of incorporation. (2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.

(1) Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements set forth in the public body's certificate of incorporation.

(2) Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.

(b) The commissioners shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties.

(c) Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law.

(d) (1) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and those officers shall be elected annually thereafter in like manner. (2) The duties of secretary and treasurer may be performed by the same commissioner. (3) The secretary may cause copies to be made of all minutes and other records and documents of the public body. The secretary may give certificates under the official seal of the public body to the effect that the copies are true copies, and all persons dealing with the public body may rely upon the certificates.

(1) The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and those officers shall be elected annually thereafter in like manner.

(2) The duties of secretary and treasurer may be performed by the same commissioner.

(3) The secretary may cause copies to be made of all minutes and other records and documents of the public body. The secretary may give certificates under the official seal of the public body to the effect that the copies are true copies, and all persons dealing with the public body may rely upon the certificates.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-32-102 — AR Code / Title 25 / Chapter 32 / Section 25-32-102
Definitions
Status: in_force

In this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. (5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. (7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (9) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a State or of a county, municipality, or other political subdivision of a State. (10) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like. (11) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (15) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a State. (16) (A) "State agency" means all state departments, boards, and commissions. (B) "State agency" does not mean elected constitutional officers and their employees, members of the General Assembly and their staff, the Supreme Court, or the Administrative Office of the Courts. (17) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. Acts 2001, No. 905, § 2.

In this chapter:

(1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.

(5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(9) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a State or of a county, municipality, or other political subdivision of a State.

(10) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(11) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(15) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a State.

(16) (A) "State agency" means all state departments, boards, and commissions. (B) "State agency" does not mean elected constitutional officers and their employees, members of the General Assembly and their staff, the Supreme Court, or the Administrative Office of the Courts.

(A) "State agency" means all state departments, boards, and commissions.

(B) "State agency" does not mean elected constitutional officers and their employees, members of the General Assembly and their staff, the Supreme Court, or the Administrative Office of the Courts.

(17) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

Acts 2001, No. 905, § 2.
Ark. Code Ann. § 25-18-401 — AR Code / Title 25 / Chapter 18 / Subchapter 4 / Section 25-18-401
Disclosure required
Status: in_force

No public official or employee acting in behalf of a governmental agency or another agency wholly or partially supported by or expending public funds shall: (1) Agree or authorize another to agree that all or part of a litigation settlement agreement to which the agency is a party shall be kept secret, sealed, or otherwise withheld from public disclosure; or (2) Seek a court order denying public access to any court record or other document containing the terms of a settlement agreement resolving a claim by or against the agency. Acts 1991, No. 781, § 1; 1997, No. 873, § 2.

No public official or employee acting in behalf of a governmental agency or another agency wholly or partially supported by or expending public funds shall:

(1) Agree or authorize another to agree that all or part of a litigation settlement agreement to which the agency is a party shall be kept secret, sealed, or otherwise withheld from public disclosure; or

(2) Seek a court order denying public access to any court record or other document containing the terms of a settlement agreement resolving a claim by or against the agency.

Acts 1991, No. 781, § 1; 1997, No. 873, § 2.
Ark. Code Ann. § 25-38-202 — AR Code / Title 25 / Chapter 38 / Subchapter 2 / Section 25-38-202
Creation - Appointment of secretary - Definition
Status: in_force

(a) There is created the Department of Agriculture as a cabinet-level department under § 25-43-201 . (b) (1) The executive head of the department shall be the Secretary of the Department of Agriculture. (2) The secretary shall be selected by the Governor and confirmed by the Senate. The secretary shall serve at the pleasure of the Governor. (3) The secretary may: (A) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (i) Statutory duties; and (ii) Rules, orders, or directives promulgated or issued by the: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) Arkansas Bureau of Standards; (e) Arkansas Farm Mediation Office; (f) [Repealed.] (g) Arkansas Forestry Commission; (h) Arkansas Livestock and Poultry Commission; (i) [Repealed.] (j) Arkansas Natural Resources Commission; (k) [Repealed.] (l) [Repealed.] (m) [Repealed.] (n) Arkansas Unpaved Roads Program; (o) [Repealed.] (p) [Repealed.] (q) [Repealed.] (r) [Repealed.] (s) [Repealed.] (t) State Plant Board; or (u) [Repealed.] (v) [Repealed.] (w) Other state entities under the department; (x) [Repealed.] (B) Hire department personnel, unless otherwise provided by law; (C) Perform or assign duties assigned to the department; and (D) After consultation with and approval from the Governor, establish advisory committees to advise the department on all matters concerning agriculture, forestry, and natural resources. (4) (A) When exercising his or her duties with regards to the State Plant Board, the secretary shall work in consultation with the Director of the State Plant Board and the State Plant Board. (B) As used in subdivision (b)(4)(A) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent. (c) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2023, No. 691,§ 189, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 188, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 187, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 186, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 185, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 184, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 183, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 182, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 181, eff. 7/1/2023. Amended by Act 2021, No. 501,§ 13, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 11, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 501,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 413,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 928,§ 2, eff. 7/1/2021. Amended by Act 2019, No. 910,§ 4, eff. 7/1/2019. Acts 2005, No. 1978, § 2.

(a) There is created the Department of Agriculture as a cabinet-level department under § 25-43-201 .

(b) (1) The executive head of the department shall be the Secretary of the Department of Agriculture. (2) The secretary shall be selected by the Governor and confirmed by the Senate. The secretary shall serve at the pleasure of the Governor. (3) The secretary may: (A) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (i) Statutory duties; and (ii) Rules, orders, or directives promulgated or issued by the: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) Arkansas Bureau of Standards; (e) Arkansas Farm Mediation Office; (f) [Repealed.] (g) Arkansas Forestry Commission; (h) Arkansas Livestock and Poultry Commission; (i) [Repealed.] (j) Arkansas Natural Resources Commission; (k) [Repealed.] (l) [Repealed.] (m) [Repealed.] (n) Arkansas Unpaved Roads Program; (o) [Repealed.] (p) [Repealed.] (q) [Repealed.] (r) [Repealed.] (s) [Repealed.] (t) State Plant Board; or (u) [Repealed.] (v) [Repealed.] (w) Other state entities under the department; (x) [Repealed.] (B) Hire department personnel, unless otherwise provided by law; (C) Perform or assign duties assigned to the department; and (D) After consultation with and approval from the Governor, establish advisory committees to advise the department on all matters concerning agriculture, forestry, and natural resources. (4) (A) When exercising his or her duties with regards to the State Plant Board, the secretary shall work in consultation with the Director of the State Plant Board and the State Plant Board. (B) As used in subdivision (b)(4)(A) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.

(1) The executive head of the department shall be the Secretary of the Department of Agriculture.

(2) The secretary shall be selected by the Governor and confirmed by the Senate. The secretary shall serve at the pleasure of the Governor.

(3) The secretary may: (A) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (i) Statutory duties; and (ii) Rules, orders, or directives promulgated or issued by the: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) Arkansas Bureau of Standards; (e) Arkansas Farm Mediation Office; (f) [Repealed.] (g) Arkansas Forestry Commission; (h) Arkansas Livestock and Poultry Commission; (i) [Repealed.] (j) Arkansas Natural Resources Commission; (k) [Repealed.] (l) [Repealed.] (m) [Repealed.] (n) Arkansas Unpaved Roads Program; (o) [Repealed.] (p) [Repealed.] (q) [Repealed.] (r) [Repealed.] (s) [Repealed.] (t) State Plant Board; or (u) [Repealed.] (v) [Repealed.] (w) Other state entities under the department; (x) [Repealed.] (B) Hire department personnel, unless otherwise provided by law; (C) Perform or assign duties assigned to the department; and (D) After consultation with and approval from the Governor, establish advisory committees to advise the department on all matters concerning agriculture, forestry, and natural resources.

(A) Delegate to the employees of the department any of the powers or duties of the department required to administer the: (i) Statutory duties; and (ii) Rules, orders, or directives promulgated or issued by the: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) Arkansas Bureau of Standards; (e) Arkansas Farm Mediation Office; (f) [Repealed.] (g) Arkansas Forestry Commission; (h) Arkansas Livestock and Poultry Commission; (i) [Repealed.] (j) Arkansas Natural Resources Commission; (k) [Repealed.] (l) [Repealed.] (m) [Repealed.] (n) Arkansas Unpaved Roads Program; (o) [Repealed.] (p) [Repealed.] (q) [Repealed.] (r) [Repealed.] (s) [Repealed.] (t) State Plant Board; or (u) [Repealed.] (v) [Repealed.] (w) Other state entities under the department; (x) [Repealed.]

(i) Statutory duties; and

(ii) Rules, orders, or directives promulgated or issued by the: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) Arkansas Bureau of Standards; (e) Arkansas Farm Mediation Office; (f) [Repealed.] (g) Arkansas Forestry Commission; (h) Arkansas Livestock and Poultry Commission; (i) [Repealed.] (j) Arkansas Natural Resources Commission; (k) [Repealed.] (l) [Repealed.] (m) [Repealed.] (n) Arkansas Unpaved Roads Program; (o) [Repealed.] (p) [Repealed.] (q) [Repealed.] (r) [Repealed.] (s) [Repealed.] (t) State Plant Board; or (u) [Repealed.] (v) [Repealed.] (w) Other state entities under the department; (x) [Repealed.]

(a) [Repealed.]

(b) [Repealed.]

(c) [Repealed.]

(d) Arkansas Bureau of Standards;

(e) Arkansas Farm Mediation Office;

(f) [Repealed.]

(g) Arkansas Forestry Commission;

(h) Arkansas Livestock and Poultry Commission;

(i) [Repealed.]

(j) Arkansas Natural Resources Commission;

(k) [Repealed.]

(l) [Repealed.]

(m) [Repealed.]

(n) Arkansas Unpaved Roads Program;

(o) [Repealed.]

(p) [Repealed.]

(q) [Repealed.]

(r) [Repealed.]

(s) [Repealed.]

(t) State Plant Board; or

(u) [Repealed.]

(v) [Repealed.]

(w) Other state entities under the department;

(x) [Repealed.]

(B) Hire department personnel, unless otherwise provided by law;

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

(D) After consultation with and approval from the Governor, establish advisory committees to advise the department on all matters concerning agriculture, forestry, and natural resources.

(4) (A) When exercising his or her duties with regards to the State Plant Board, the secretary shall work in consultation with the Director of the State Plant Board and the State Plant Board. (B) As used in subdivision (b)(4)(A) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.

(A) When exercising his or her duties with regards to the State Plant Board, the secretary shall work in consultation with the Director of the State Plant Board and the State Plant Board.

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

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

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

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

Amended by Act 2023, No. 691,§ 189, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 188, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 187, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 186, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 185, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 184, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 183, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 182, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 181, eff. 7/1/2023.

Amended by Act 2021, No. 501,§ 13, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 12, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 11, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 501,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 413,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 928,§ 2, eff. 7/1/2021.

Amended by Act 2019, No. 910,§ 4, eff. 7/1/2019.

Acts 2005, No. 1978, § 2.
Ark. Code Ann. § 25-43-601 — AR Code / Title 25 / Chapter 43 / Subchapter 6 / Section 25-43-601
Department of Energy and Environment
Status: in_force

There is created the Department of Energy and Environment as a cabinet-level department. Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.

There is created the Department of Energy and Environment as a cabinet-level department.

Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Ark. Code Ann. § 25-4-105 — AR Code / Title 25 / Chapter 4 / Section 25-4-105
Division of Information Systems - General powers and duties
Status: in_force

(a) (1) The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division. (2) The division's powers and duties relate to information technology and include without limitation: (A) Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities; (B) Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities; (C) Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services; (D) (i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter. (ii) The same rate or fee structure will apply to all customers receiving services; (E) (i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process. (ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions. (iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council; (F) Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding; (G) Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter; (H) Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies; (I) Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited; (J) Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter; (K) Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies; (L) Assisting in the development of an information technology security policy for state agencies; (M) Developing the information technology security policy for state agencies; (N) Advising agencies in acquiring information technology service; (O) Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards; (P) Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation; (Q) With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure; (R) Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology; (S) Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services; (T) Advising agencies regarding information technology contracts and agreements; (U) Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and (V) Reviewing and approving agencies' information technology plans and requests. (b) This chapter shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of trustees of any institution of higher education under existing constitutional and statutory provisions. Amended by Act 2019, No. 315,§ 2911, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6267, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6266, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6265, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6264, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6263, eff. 7/1/2019. Acts 1977, No. 884, § 5; A.S.A. 1947, § 5-1405; Acts 1997, No. 914, § 5; 2001, No. 1722, § 4; 2005, No. 1999, § 3; 2007, No. 751, § 13; 2009, No. 648, § 3.

(a) (1) The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division. (2) The division's powers and duties relate to information technology and include without limitation: (A) Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities; (B) Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities; (C) Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services; (D) (i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter. (ii) The same rate or fee structure will apply to all customers receiving services; (E) (i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process. (ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions. (iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council; (F) Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding; (G) Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter; (H) Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies; (I) Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited; (J) Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter; (K) Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies; (L) Assisting in the development of an information technology security policy for state agencies; (M) Developing the information technology security policy for state agencies; (N) Advising agencies in acquiring information technology service; (O) Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards; (P) Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation; (Q) With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure; (R) Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology; (S) Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services; (T) Advising agencies regarding information technology contracts and agreements; (U) Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and (V) Reviewing and approving agencies' information technology plans and requests.

(1) The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division.

(2) The division's powers and duties relate to information technology and include without limitation: (A) Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities; (B) Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities; (C) Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services; (D) (i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter. (ii) The same rate or fee structure will apply to all customers receiving services; (E) (i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process. (ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions. (iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council; (F) Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding; (G) Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter; (H) Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies; (I) Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited; (J) Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter; (K) Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies; (L) Assisting in the development of an information technology security policy for state agencies; (M) Developing the information technology security policy for state agencies; (N) Advising agencies in acquiring information technology service; (O) Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards; (P) Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation; (Q) With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure; (R) Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology; (S) Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services; (T) Advising agencies regarding information technology contracts and agreements; (U) Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and (V) Reviewing and approving agencies' information technology plans and requests.

(A) Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities;

(B) Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities;

(C) Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services;

(D) (i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter. (ii) The same rate or fee structure will apply to all customers receiving services;

(i) Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter.

(ii) The same rate or fee structure will apply to all customers receiving services;

(E) (i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process. (ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions. (iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council;

(i) Establishing estimated billing rates to be developed for a period to coincide with the budgeting process.

(ii) The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions.

(iii) Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council;

(F) Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding;

(G) Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter;

(H) Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies;

(I) Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited;

(J) Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter;

(K) Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies;

(L) Assisting in the development of an information technology security policy for state agencies;

(M) Developing the information technology security policy for state agencies;

(N) Advising agencies in acquiring information technology service;

(O) Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards;

(P) Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation;

(Q) With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure;

(R) Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology;

(S) Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services;

(T) Advising agencies regarding information technology contracts and agreements;

(U) Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and

(V) Reviewing and approving agencies' information technology plans and requests.

(b) This chapter shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of trustees of any institution of higher education under existing constitutional and statutory provisions.

Amended by Act 2019, No. 315,§ 2911, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6267, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6266, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6265, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6264, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6263, eff. 7/1/2019.

Acts 1977, No. 884, § 5; A.S.A. 1947, § 5-1405; Acts 1997, No. 914, § 5; 2001, No. 1722, § 4; 2005, No. 1999, § 3; 2007, No. 751, § 13; 2009, No. 648, § 3.
Ark. Code Ann. § 25-16-304 — AR Code / Title 25 / Chapter 16 / Subchapter 3 / Section 25-16-304
Security personnel
Status: in_force

(a) The Lieutenant Governor may hire and employ in the manner described under this section security personnel to maintain peaceful order and provide protection to the Lieutenant Governor as the Lieutenant Governor carries out his or her official duties. (b) (1) Personnel designated by the Lieutenant Governor as security personnel are considered full-time law enforcement officers with the full range of responsibilities and authority as are afforded to a law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training. (2) The Lieutenant Governor may set his or her own training and qualification standards for security personnel employed by the Lieutenant Governor. (3) The commission shall permit security personnel employed by the Lieutenant Governor access to all law enforcement training generally available to other law enforcement personnel and shall make the law enforcement certification process available to security personnel employed by the Lieutenant Governor. (c) Security personnel employed by the Lieutenant Governor shall have statewide jurisdiction while the security personnel are acting within the scope of their employment. Added by Act 2023, No. 857,§ 5, eff. 7/1/2023.

(a) The Lieutenant Governor may hire and employ in the manner described under this section security personnel to maintain peaceful order and provide protection to the Lieutenant Governor as the Lieutenant Governor carries out his or her official duties.

(b) (1) Personnel designated by the Lieutenant Governor as security personnel are considered full-time law enforcement officers with the full range of responsibilities and authority as are afforded to a law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training. (2) The Lieutenant Governor may set his or her own training and qualification standards for security personnel employed by the Lieutenant Governor. (3) The commission shall permit security personnel employed by the Lieutenant Governor access to all law enforcement training generally available to other law enforcement personnel and shall make the law enforcement certification process available to security personnel employed by the Lieutenant Governor.

(1) Personnel designated by the Lieutenant Governor as security personnel are considered full-time law enforcement officers with the full range of responsibilities and authority as are afforded to a law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training.

(2) The Lieutenant Governor may set his or her own training and qualification standards for security personnel employed by the Lieutenant Governor.

(3) The commission shall permit security personnel employed by the Lieutenant Governor access to all law enforcement training generally available to other law enforcement personnel and shall make the law enforcement certification process available to security personnel employed by the Lieutenant Governor.

(c) Security personnel employed by the Lieutenant Governor shall have statewide jurisdiction while the security personnel are acting within the scope of their employment.

Added by Act 2023, No. 857,§ 5, eff. 7/1/2023.
Ark. Code Ann. § 25-4-129 — AR Code / Title 25 / Chapter 4 / Section 25-4-129
Gifts, grants, and donations - Reports
Status: in_force

(a) The Director of the Division of Information Systems may accept on behalf of the Division of Information Systems funds from any source, including but not limited to: (1) Special revenue; (2) General revenue; (3) Gifts; (4) Grants; (5) Cash; (6) Bequests; (7) Devices; (8) Donations; (9) Real property; (10) Personal property; and (11) Equipment. (b) The division shall file with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, a quarterly report summarizing all funds received under subsection (a) of this section. Added by Act 2023, No. 279,§ 6, eff. 7/1/2023.

(a) The Director of the Division of Information Systems may accept on behalf of the Division of Information Systems funds from any source, including but not limited to: (1) Special revenue; (2) General revenue; (3) Gifts; (4) Grants; (5) Cash; (6) Bequests; (7) Devices; (8) Donations; (9) Real property; (10) Personal property; and (11) Equipment.

(1) Special revenue;

(2) General revenue;

(3) Gifts;

(4) Grants;

(5) Cash;

(6) Bequests;

(7) Devices;

(8) Donations;

(9) Real property;

(10) Personal property; and

(11) Equipment.

(b) The division shall file with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, a quarterly report summarizing all funds received under subsection (a) of this section.

Added by Act 2023, No. 279,§ 6, eff. 7/1/2023.
Ark. Code Ann. § 25-43-1308 — AR Code / Title 25 / Chapter 43 / Subchapter 13 / Section 25-43-1308
Extra help restriction
Status: in_force

No employee of the State Parks Division who is employed as extra help may receive an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position as authorized under the Uniform Classification and Compensation Act, § 21-5-201 et seq., during any fiscal year, nor shall such an employee be employed for a period of time to exceed one thousand eight hundred (1,800) hours in any single fiscal year. Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.

No employee of the State Parks Division who is employed as extra help may receive an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position as authorized under the Uniform Classification and Compensation Act, § 21-5-201 et seq., during any fiscal year, nor shall such an employee be employed for a period of time to exceed one thousand eight hundred (1,800) hours in any single fiscal year.

Added by Act 2019, No. 910,§ 5549, eff. 7/1/2019.
Ark. Code Ann. § 25-18-205 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-205
Acts of General Assembly - Index - Printing - Certification
Status: in_force

(a) The Secretary of State shall make out true and accurate copies of all the laws, resolutions, and memorials and deliver them to the contractor for printing the acts of the General Assembly as fast as the contractor may need the copies in fulfillment of his or her contract as required by law. (b) It shall be the duty of the Secretary of State to have prepared and furnish to the public printer a full, thorough, and complete index with subheads to the acts of the General Assembly. (c) The Secretary of State shall pay for the copying of the acts by the public printer at the rate of ten cents (10¢) per one hundred (100) words, and for indexing and subheading the acts, a reasonable compensation to be fixed by the State Board of Public Printing not to exceed the customary price paid for such work. (d) (1) The Acts of Arkansas shall be printed in two (2) volumes. (2) Volume I shall contain only appropriation acts and the Revenue Stabilization Law, § 19-5-101 et seq., and amendments relative thereto and may be printed in two (2) books if the Secretary of State considers it mechanically expedient. (3) (A) Volume II shall contain all other acts of the General Assembly and may be printed in two (2) books if the Secretary of State considers it mechanically expedient. (B) Acts establishing the amount of salary, compensation, or allowances, and the method of payment thereof, for county officers, their deputies and other employees in their offices, deputy prosecuting attorneys, court reporters, court stenographers, and other employees of circuit courts shall be printed in Volume II. (C) Volume II, or Book 2 of Volume II if there is one, shall also contain the acts of the extraordinary sessions of the General Assembly. (e) (1) The date of approval by the Governor shall be stated at the end of each act, resolution, and memorial, omitting the name and style of the Governor and presiding officers of the two (2) houses. (2) At the end of each volume of the acts, there shall be a full and complete index. (f) The Secretary of State is authorized, if he or she determines it to be in the public interest, to publish and distribute separate acts, or a group of acts dealing with the same or related subjects, in pamphlet form. (g) The contractor shall furnish to the Secretary of State at his or her office a proof of each form of the laws, in the course of their publication, and a reader to assist in comparing the proof with the original rolls. (h) It is made the duty of the Secretary of State to insert his or her certificate in the pamphlet containing the printed laws, joint resolutions, memorials, and similar items that the laws thus printed are "correct copies of the original on file in his or her office". Acts 1852, § 1, p. 43; 1874, No. 6, § 16, p. 42; 1891, No. 154, § 2, p. 262; 1893, No. 85, §§ 1, 2, p. 152; C. & M. Dig., §§ 4394, 4395, 4402, 9228; Pope's Dig., §§ 5409, 5410, 5417, 11914; Acts 1973, No. 835, §§ 3, 4; A.S.A. 1947, §§ 14-404, 14-406 -- 14-408.

(a) The Secretary of State shall make out true and accurate copies of all the laws, resolutions, and memorials and deliver them to the contractor for printing the acts of the General Assembly as fast as the contractor may need the copies in fulfillment of his or her contract as required by law.

(b) It shall be the duty of the Secretary of State to have prepared and furnish to the public printer a full, thorough, and complete index with subheads to the acts of the General Assembly.

(c) The Secretary of State shall pay for the copying of the acts by the public printer at the rate of ten cents (10¢) per one hundred (100) words, and for indexing and subheading the acts, a reasonable compensation to be fixed by the State Board of Public Printing not to exceed the customary price paid for such work.

(d) (1) The Acts of Arkansas shall be printed in two (2) volumes. (2) Volume I shall contain only appropriation acts and the Revenue Stabilization Law, § 19-5-101 et seq., and amendments relative thereto and may be printed in two (2) books if the Secretary of State considers it mechanically expedient. (3) (A) Volume II shall contain all other acts of the General Assembly and may be printed in two (2) books if the Secretary of State considers it mechanically expedient. (B) Acts establishing the amount of salary, compensation, or allowances, and the method of payment thereof, for county officers, their deputies and other employees in their offices, deputy prosecuting attorneys, court reporters, court stenographers, and other employees of circuit courts shall be printed in Volume II. (C) Volume II, or Book 2 of Volume II if there is one, shall also contain the acts of the extraordinary sessions of the General Assembly.

(1) The Acts of Arkansas shall be printed in two (2) volumes.

(2) Volume I shall contain only appropriation acts and the Revenue Stabilization Law, § 19-5-101 et seq., and amendments relative thereto and may be printed in two (2) books if the Secretary of State considers it mechanically expedient.

(3) (A) Volume II shall contain all other acts of the General Assembly and may be printed in two (2) books if the Secretary of State considers it mechanically expedient. (B) Acts establishing the amount of salary, compensation, or allowances, and the method of payment thereof, for county officers, their deputies and other employees in their offices, deputy prosecuting attorneys, court reporters, court stenographers, and other employees of circuit courts shall be printed in Volume II. (C) Volume II, or Book 2 of Volume II if there is one, shall also contain the acts of the extraordinary sessions of the General Assembly.

(A) Volume II shall contain all other acts of the General Assembly and may be printed in two (2) books if the Secretary of State considers it mechanically expedient.

(B) Acts establishing the amount of salary, compensation, or allowances, and the method of payment thereof, for county officers, their deputies and other employees in their offices, deputy prosecuting attorneys, court reporters, court stenographers, and other employees of circuit courts shall be printed in Volume II.

(C) Volume II, or Book 2 of Volume II if there is one, shall also contain the acts of the extraordinary sessions of the General Assembly.

(e) (1) The date of approval by the Governor shall be stated at the end of each act, resolution, and memorial, omitting the name and style of the Governor and presiding officers of the two (2) houses. (2) At the end of each volume of the acts, there shall be a full and complete index.

(1) The date of approval by the Governor shall be stated at the end of each act, resolution, and memorial, omitting the name and style of the Governor and presiding officers of the two (2) houses.

(2) At the end of each volume of the acts, there shall be a full and complete index.

(f) The Secretary of State is authorized, if he or she determines it to be in the public interest, to publish and distribute separate acts, or a group of acts dealing with the same or related subjects, in pamphlet form.

(g) The contractor shall furnish to the Secretary of State at his or her office a proof of each form of the laws, in the course of their publication, and a reader to assist in comparing the proof with the original rolls.

(h) It is made the duty of the Secretary of State to insert his or her certificate in the pamphlet containing the printed laws, joint resolutions, memorials, and similar items that the laws thus printed are "correct copies of the original on file in his or her office".

Acts 1852, § 1, p. 43; 1874, No. 6, § 16, p. 42; 1891, No. 154, § 2, p. 262; 1893, No. 85, §§ 1, 2, p. 152; C. & M. Dig., §§ 4394, 4395, 4402, 9228; Pope's Dig., §§ 5409, 5410, 5417, 11914; Acts 1973, No. 835, §§ 3, 4; A.S.A. 1947, §§ 14-404, 14-406 -- 14-408.
Ark. Code Ann. § 25-1-201 — AR Code / Title 25 / Chapter 1 / Subchapter 2 / Section 25-1-201
Legislative intent
Status: in_force

(a) It is the intent of the General Assembly to: (1) Prohibit the excessive reproduction of state agency reports that are being written, printed, and distributed at significant public expense; and (2) Provide for Internet publication as the primary means of publishing state agency reports. (b) It is not the intent of the General Assembly to reduce the free flow of information between state government and the public. Rather, the intent is to reduce the use of state government publications for other than required informational purposes and to effect a reduction in the escalating public expense of writing, printing, and distributing state agency reports. Amended by Act 2013, No. 501,§ 4, eff. 8/16/2013. Acts 1999, No. 1276, § 1.

(a) It is the intent of the General Assembly to: (1) Prohibit the excessive reproduction of state agency reports that are being written, printed, and distributed at significant public expense; and (2) Provide for Internet publication as the primary means of publishing state agency reports.

(1) Prohibit the excessive reproduction of state agency reports that are being written, printed, and distributed at significant public expense; and

(2) Provide for Internet publication as the primary means of publishing state agency reports.

(b) It is not the intent of the General Assembly to reduce the free flow of information between state government and the public. Rather, the intent is to reduce the use of state government publications for other than required informational purposes and to effect a reduction in the escalating public expense of writing, printing, and distributing state agency reports.

Amended by Act 2013, No. 501,§ 4, eff. 8/16/2013.

Acts 1999, No. 1276, § 1.
Ark. Code Ann. § 25-17-210 — AR Code / Title 25 / Chapter 17 / Subchapter 2 / Section 25-17-210
Removal of members generally
Status: in_force

(a) The Governor shall have the power to remove any member of an honorary board before the expiration of his or her term for cause only, after notice and hearing. (b) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal. (c) The documentation of removal action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing. (d) (1) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (2) An appeal may be taken from the circuit court to the Supreme Court, where the appeal shall likewise be tried de novo. Acts 1943, No. 1, § 6; A.S.A. 1947, § 7-205.

(a) The Governor shall have the power to remove any member of an honorary board before the expiration of his or her term for cause only, after notice and hearing.

(b) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.

(c) The documentation of removal action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing.

(d) (1) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (2) An appeal may be taken from the circuit court to the Supreme Court, where the appeal shall likewise be tried de novo.

(1) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.

(2) An appeal may be taken from the circuit court to the Supreme Court, where the appeal shall likewise be tried de novo.

Acts 1943, No. 1, § 6; A.S.A. 1947, § 7-205.
Ark. Code Ann. § 25-28-101 — AR Code / Title 25 / Chapter 28 / Section 25-28-101
Creation - Director - Organization - Personnel
Status: in_force

(a) There is created the Assessment Coordination Division. (b) (1) The executive head of the Assessment Coordination Division shall be the Director of the Assessment Coordination Division. (2) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Finance and Administration. (c) The Assessment Coordination Division shall consist of the divisions which may be necessary to fulfill its purposes and which may be created by law and placed under the Assessment Coordination Division. (d) (1) The director, in consultation with the secretary, shall appoint the heads of the respective divisions. (2) All personnel of the Assessment Coordination Division shall be employed by the Department of Finance and Administration and shall serve at the pleasure of the secretary. (3) However, nothing in this section shall be so construed as to reduce any right which an employee of the Assessment Coordination Division shall have under any civil service or merit system. (e) (1) Each division of the Assessment Coordination Division shall be under the direction, control, and supervision of the director. (2) The director may delegate his or her functions, powers, and duties to the various divisions of the Assessment Coordination Division as he or she shall deem desirable and necessary for the effective and efficient operation of the Assessment Coordination Division. Amended by Act 2019, No. 910,§ 3574, eff. 7/1/2019. Acts 1997, No. 436, § 1.

(a) There is created the Assessment Coordination Division.

(b) (1) The executive head of the Assessment Coordination Division shall be the Director of the Assessment Coordination Division. (2) The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (3) The director shall report to the Secretary of the Department of Finance and Administration.

(1) The executive head of the Assessment Coordination Division shall be the Director of the Assessment Coordination Division.

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

(3) The director shall report to the Secretary of the Department of Finance and Administration.

(c) The Assessment Coordination Division shall consist of the divisions which may be necessary to fulfill its purposes and which may be created by law and placed under the Assessment Coordination Division.

(d) (1) The director, in consultation with the secretary, shall appoint the heads of the respective divisions. (2) All personnel of the Assessment Coordination Division shall be employed by the Department of Finance and Administration and shall serve at the pleasure of the secretary. (3) However, nothing in this section shall be so construed as to reduce any right which an employee of the Assessment Coordination Division shall have under any civil service or merit system.

(1) The director, in consultation with the secretary, shall appoint the heads of the respective divisions.

(2) All personnel of the Assessment Coordination Division shall be employed by the Department of Finance and Administration and shall serve at the pleasure of the secretary.

(3) However, nothing in this section shall be so construed as to reduce any right which an employee of the Assessment Coordination Division shall have under any civil service or merit system.

(e) (1) Each division of the Assessment Coordination Division shall be under the direction, control, and supervision of the director. (2) The director may delegate his or her functions, powers, and duties to the various divisions of the Assessment Coordination Division as he or she shall deem desirable and necessary for the effective and efficient operation of the Assessment Coordination Division.

(1) Each division of the Assessment Coordination Division shall be under the direction, control, and supervision of the director.

(2) The director may delegate his or her functions, powers, and duties to the various divisions of the Assessment Coordination Division as he or she shall deem desirable and necessary for the effective and efficient operation of the Assessment Coordination Division.

Amended by Act 2019, No. 910,§ 3574, eff. 7/1/2019.

Acts 1997, No. 436, § 1.
Ark. Code Ann. § 25-16-903 — AR Code / Title 25 / Chapter 16 / Subchapter 9 / Section 25-16-903
Stipend - Authorization for $60
Status: in_force

Each of the following state boards, by a majority vote of the total membership of the board cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a stipend not to exceed sixty dollars ($60.00) per day for each meeting, examination, evaluation, or inspection attended or for any day while performing any proper business of the board, and the board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in § 25-16-902 : (1) Arkansas State Board of Acupuncture and Related Techniques; (2) Arkansas Alcohol and Drug Abuse Coordinating Council; (3) Alcoholic Beverage Control Board; (4) Athletics and Activities Board; (5) State Board of Appraisers, Abstracters, and Home Inspectors; (6) Arkansas State Board of Architects, Landscape Architects, and Interior Designers; (7) Black History Commission of Arkansas; (8) Arkansas History Commission; (9) State Board of Barber Examiners; (10) [Repealed.] (11) [Repealed.] (12) Capitol Zoning District Commission; (13) [Repealed.] (14) Arkansas Child Abuse/Rape/Domestic Violence Commission; (15) Contractors Licensing Board; (16) Cosmetology Technical Advisory Committee; (17) State Crime Laboratory Board; (18) Board of Developmental Disabilities Services; (19) Arkansas Educational Television Commission; (20) Board of Electrical Examiners of the State of Arkansas; (21) State Board of Election Commissioners; (22) Emergency Medical Services Advisory Council; (23) [Repealed.] (24) State Board of Licensure for Professional Engineers and Professional Surveyors; (25) State Library Board; (26) Arkansas Fire Protection Licensing Board; (27) Arkansas Fire and Police Pension Review Board; (28) Arkansas State Board of Registration for Foresters [abolished]; (29) HVACR Licensing Board; (30) Liquefied Petroleum Gas Board; (31) Arkansas Livestock and Poultry Commission; (32) Arkansas Board of Examiners in Counseling; (33) Massage Therapy Technical Advisory Committee; (34) Mississippi River Parkway Commission of Arkansas; (35) Arkansas Motor Vehicle Commission; (36) Arkansas Natural Heritage Commission; (37) Arkansas State Occupational Therapy Examining Committee; (38) State Plumbing Apprenticeship Committee; (39) Arkansas State Board of Physical Therapy; (40) Arkansas Board of Dispensing Opticians; (41) Advisory Committee on Petroleum Storage Tanks; (42) Arkansas Real Estate Commission; (43) Compliance Advisory Panel; (44) Board of Review; (45) Arkansas Rural Medical Practice Student Loan and Scholarship Board; (46) [Repealed.] (47) Land Survey Advisory Board; (48) Arkansas Solid Waste Licensing Committee for the Arkansas Pollution Control and Ecology Commission; (49) [Repealed.] (50) Department of Human Services State Institutional System Board; (51) Arkansas State Police Commission; (52) [Repealed.] (53) Arkansas Towing and Recovery Board; (54) Arkansas Veterans' Commission; (55) Veterinary Medical Examining Board [abolished]; (56) Commission on Water Well Construction [abolished]; (57) Arkansas Waterways Commission; (58) Committee of Plumbing Examiners; (59) Arkansas Waste Water Licensing Committee; (60) State Board of Collection Agencies; (61) Elevator Safety Board; (62) Arkansas Apprenticeship Coordination Steering Committee; (63) Arkansas Board of Hearing Instrument Dispensers; (64) Arkansas Tobacco Control Board; (65) Arkansas State Board of Athletic Training; (66) State Athletic Commission; (67) Daisy Gatson Bates Holiday Committee; (68) Amusement Ride Safety Advisory Board; (69) [Repealed.] (70) The Full Independent Practice Credentialing Committee; and (71) State Electrical Apprenticeship Committee. Amended by Act 2023, No. 206,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 697,§ 20, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 68, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 77, eff. 7/1/2023. Amended by Act 2021, No. 647,§ 21, eff. 7/28/2021. Amended by Act 2021, No. 647,§ 20, eff. 7/28/2021. Amended by Act 2021, No. 647,§ 19, eff. 7/28/2021. Amended by Act 2021, No. 769,§ 57, eff. 7/1/2021. Amended by Act 2021, No. 1004,§ 27, eff. 4/28/2021. Amended by Act 2019, No. 392,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 392,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 1067,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 540,§ 53, eff. 8/1/2017. Amended by Act 2017, No. 540,§ 52, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 84, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 84, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 151, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 60, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 151, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 60, eff. 7/1/2015. Amended by Act 2013, No. 89,§ 1, eff. 8/16/2013. Acts 1995, No. 1211, § 3; 1997, No. 250, § 239; 1997, No. 377, § 1; 1997, No. 693, § 1; 1997, No. 697, § 1; 1997, No. 966, § 13; 1997, No. 1018, § 4; 1999, No. 1235, § 1; 1999, No. 1286, § 3; 1999, No. 1553, § 19; 1999, No. 1591, § 5; 2001, No. 1650, § 1; 2003, No. 1300, § 2; 2007, No. 67, § 1; 2007, No. 186, § 11; 2007, No. 1583, § 3; 2009, No. 4, § 27; 2009, No. 404 § 1; 2009, No. 746, § 1; 2011, No. 786, § 1; 2011, No. 896, § 4.

Each of the following state boards, by a majority vote of the total membership of the board cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a stipend not to exceed sixty dollars ($60.00) per day for each meeting, examination, evaluation, or inspection attended or for any day while performing any proper business of the board, and the board members shall receive no other compensation, expense reimbursement, or in-lieu-of payments except as provided in § 25-16-902 :

(1) Arkansas State Board of Acupuncture and Related Techniques;

(2) Arkansas Alcohol and Drug Abuse Coordinating Council;

(3) Alcoholic Beverage Control Board;

(4) Athletics and Activities Board;

(5) State Board of Appraisers, Abstracters, and Home Inspectors;

(6) Arkansas State Board of Architects, Landscape Architects, and Interior Designers;

(7) Black History Commission of Arkansas;

(8) Arkansas History Commission;

(9) State Board of Barber Examiners;

(10) [Repealed.]

(11) [Repealed.]

(12) Capitol Zoning District Commission;

(13) [Repealed.]

(14) Arkansas Child Abuse/Rape/Domestic Violence Commission;

(15) Contractors Licensing Board;

(16) Cosmetology Technical Advisory Committee;

(17) State Crime Laboratory Board;

(18) Board of Developmental Disabilities Services;

(19) Arkansas Educational Television Commission;

(20) Board of Electrical Examiners of the State of Arkansas;

(21) State Board of Election Commissioners;

(22) Emergency Medical Services Advisory Council;

(23) [Repealed.]

(24) State Board of Licensure for Professional Engineers and Professional Surveyors;

(25) State Library Board;

(26) Arkansas Fire Protection Licensing Board;

(27) Arkansas Fire and Police Pension Review Board;

(28) Arkansas State Board of Registration for Foresters [abolished];

(29) HVACR Licensing Board;

(30) Liquefied Petroleum Gas Board;

(31) Arkansas Livestock and Poultry Commission;

(32) Arkansas Board of Examiners in Counseling;

(33) Massage Therapy Technical Advisory Committee;

(34) Mississippi River Parkway Commission of Arkansas;

(35) Arkansas Motor Vehicle Commission;

(36) Arkansas Natural Heritage Commission;

(37) Arkansas State Occupational Therapy Examining Committee;

(38) State Plumbing Apprenticeship Committee;

(39) Arkansas State Board of Physical Therapy;

(40) Arkansas Board of Dispensing Opticians;

(41) Advisory Committee on Petroleum Storage Tanks;

(42) Arkansas Real Estate Commission;

(43) Compliance Advisory Panel;

(44) Board of Review;

(45) Arkansas Rural Medical Practice Student Loan and Scholarship Board;

(46) [Repealed.]

(47) Land Survey Advisory Board;

(48) Arkansas Solid Waste Licensing Committee for the Arkansas Pollution Control and Ecology Commission;

(49) [Repealed.]

(50) Department of Human Services State Institutional System Board;

(51) Arkansas State Police Commission;

(52) [Repealed.]

(53) Arkansas Towing and Recovery Board;

(54) Arkansas Veterans' Commission;

(55) Veterinary Medical Examining Board [abolished];

(56) Commission on Water Well Construction [abolished];

(57) Arkansas Waterways Commission;

(58) Committee of Plumbing Examiners;

(59) Arkansas Waste Water Licensing Committee;

(60) State Board of Collection Agencies;

(61) Elevator Safety Board;

(62) Arkansas Apprenticeship Coordination Steering Committee;

(63) Arkansas Board of Hearing Instrument Dispensers;

(64) Arkansas Tobacco Control Board;

(65) Arkansas State Board of Athletic Training;

(66) State Athletic Commission;

(67) Daisy Gatson Bates Holiday Committee;

(68) Amusement Ride Safety Advisory Board;

(69) [Repealed.]

(70) The Full Independent Practice Credentialing Committee; and

(71) State Electrical Apprenticeship Committee.

Amended by Act 2023, No. 206,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 697,§ 20, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 68, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 77, eff. 7/1/2023.

Amended by Act 2021, No. 647,§ 21, eff. 7/28/2021.

Amended by Act 2021, No. 647,§ 20, eff. 7/28/2021.

Amended by Act 2021, No. 647,§ 19, eff. 7/28/2021.

Amended by Act 2021, No. 769,§ 57, eff. 7/1/2021.

Amended by Act 2021, No. 1004,§ 27, eff. 4/28/2021.

Amended by Act 2019, No. 392,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 392,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 1067,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 540,§ 53, eff. 8/1/2017.

Amended by Act 2017, No. 540,§ 52, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 84, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 84, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 151, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 60, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 151, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 60, eff. 7/1/2015.

Amended by Act 2013, No. 89,§ 1, eff. 8/16/2013.

Acts 1995, No. 1211, § 3; 1997, No. 250, § 239; 1997, No. 377, § 1; 1997, No. 693, § 1; 1997, No. 697, § 1; 1997, No. 966, § 13; 1997, No. 1018, § 4; 1999, No. 1235, § 1; 1999, No. 1286, § 3; 1999, No. 1553, § 19; 1999, No. 1591, § 5; 2001, No. 1650, § 1; 2003, No. 1300, § 2; 2007, No. 67, § 1; 2007, No. 186, § 11; 2007, No. 1583, § 3; 2009, No. 4, § 27; 2009, No. 404 § 1; 2009, No. 746, § 1; 2011, No. 786, § 1; 2011, No. 896, § 4.
Ark. Code Ann. § 25-32-118 — AR Code / Title 25 / Chapter 32 / Section 25-32-118
Acceptance and distribution of electronic records by governmental agencies
Status: in_force

(a) (1) Except as otherwise provided in § 25-32-112(f) , each governmental agency of this state shall determine whether and the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (2) For state agencies, the determinations shall be consistent with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems. (b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify: (1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process; (3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. (c) Except as otherwise provided in § 25-32-112(f) , this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures. Amended by Act 2019, No. 910,§ 6319, eff. 7/1/2019. Acts 2001, No. 905, § 18; 2007, No. 751, § 24.

(a) (1) Except as otherwise provided in § 25-32-112(f) , each governmental agency of this state shall determine whether and the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (2) For state agencies, the determinations shall be consistent with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems.

(1) Except as otherwise provided in § 25-32-112(f) , each governmental agency of this state shall determine whether and the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(2) For state agencies, the determinations shall be consistent with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify: (1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process; (3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

(c) Except as otherwise provided in § 25-32-112(f) , this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.

Amended by Act 2019, No. 910,§ 6319, eff. 7/1/2019.

Acts 2001, No. 905, § 18; 2007, No. 751, § 24.
Ark. Code Ann. § 25-16-516 — AR Code / Title 25 / Chapter 16 / Subchapter 5 / Section 25-16-516
Warrants - Form and record
Status: in_force

(a) In all cases of accounts audited and allowed against the state and in all cases of grants, salaries, and expenses allowed by law, the Auditor of State shall draw warrants upon the State Treasury for the amount due, in the following form: Click here to view form. (b) The Auditor of State shall number progressively all the warrants issued by him or her during each year, commencing on January 1 and ending on December 31. (c) The Auditor of State shall enter in a book to be kept for that purpose each warrant drawn by him or her on the State Treasury for the payment of money in the order in which the warrant shall be issued. The entry shall be in such manner as to show the number and date of each warrant, the name of the person in whose favor drawn, and for what it was drawn. Rev. Stat., ch. 18, §§ 16, 20, 21; C. & M. Dig., §§ 4466-4468; Pope's Dig., §§ 5502-5504; A.S.A. 1947, §§ 12-521 -- 12-523.

(a) In all cases of accounts audited and allowed against the state and in all cases of grants, salaries, and expenses allowed by law, the Auditor of State shall draw warrants upon the State Treasury for the amount due, in the following form: Click here to view form.

Click here to view form.

(b) The Auditor of State shall number progressively all the warrants issued by him or her during each year, commencing on January 1 and ending on December 31.

(c) The Auditor of State shall enter in a book to be kept for that purpose each warrant drawn by him or her on the State Treasury for the payment of money in the order in which the warrant shall be issued. The entry shall be in such manner as to show the number and date of each warrant, the name of the person in whose favor drawn, and for what it was drawn.

Rev. Stat., ch. 18, §§ 16, 20, 21; C. & M. Dig., §§ 4466-4468; Pope's Dig., §§ 5502-5504; A.S.A. 1947, §§ 12-521 -- 12-523.

16_516_1 - Attachment
Ark. Code Ann. § 25-15-211 — AR Code / Title 25 / Chapter 15 / Subchapter 2 / Section 25-15-211
Administrative adjudication - Licenses - Definition
Status: in_force

(a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court. (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (d) (1) A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure. (2) For purposes of this section, "offender" means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post-prison transfer. Amended by Act 2019, No. 910,§ 1022, eff. 7/1/2019. Acts 1967, No. 434, § 12; 1985, No. 139, § 2; A.S.A. 1947, § 5-712; Acts 1997, No. 937, § 1.

(a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and an opportunity for hearing, the provisions of this subchapter concerning cases of adjudication apply.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order, or a later date fixed by order of the reviewing court.

(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless the agency gives notice by mail to the licensee of facts or conduct warranting the intended action and unless the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.

(d) (1) A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure. (2) For purposes of this section, "offender" means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post-prison transfer.

(1) A complaint filed by an offender with a state licensing board or state licensing agency against a licensee of the board or agency shall not be heard by the board or agency unless the complaint is accompanied by appropriately verified documentation showing that the offender has exhausted all administrative remedies under the Division of Correction grievance procedure.

(2) For purposes of this section, "offender" means any person sentenced to the Division of Correction or sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or any person confined in a community correction center as a condition of probation, suspended imposition of sentence, or post-prison transfer.

Amended by Act 2019, No. 910,§ 1022, eff. 7/1/2019.

Acts 1967, No. 434, § 12; 1985, No. 139, § 2; A.S.A. 1947, § 5-712; Acts 1997, No. 937, § 1.
Ark. Code Ann. § 25-20-306 — AR Code / Title 25 / Chapter 20 / Subchapter 3 / Section 25-20-306
General powers of public body
Status: in_force

(a) In addition to exercising the powers set forth elsewhere in this subchapter, and unless its certificate of incorporation or interlocal agreement provides otherwise, each public body created under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain such offices as it may deem appropriate; (3) Execute and perform contracts; (4) Sue and be sued; (5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith; (6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners shall deem appropriate; (7) Employ the services of professionals; (8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of compensation under the Workers' Compensation Law, § 11-9-101 et seq., by compliance with the requirements of § 11-9-404(a)(2) , provided that deposit of an indemnity bond, letter of credit, or securities shall not be required; (9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name; (10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds; (11) Borrow money on a secured or unsecured basis, and in connection therewith, issue bonds, promissory notes, or other evidence of indebtedness and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body; (12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies; (13) Exercise such other powers, privileges, and authorities as the participating public agencies shall have delegated to the public body by their interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law; (14) Have such other and further powers relating to the ownership and operation of a water system, a wastewater system, and a storm water system as are now by law given to the governing body of any participating public agency and do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the public body by this subchapter; (15) Own and operate, or operate on behalf of a municipality, county, corporation, organization, other public body, or entity authorized by law, any one (1) or more of the following: (A) A storm water system; (B) A water system; or (C) A wastewater system; (16) Purchase goods and services under applicable law for the public body; and (17) Purchase professional services under § 19-11-801 et seq. or by any method of competitive bidding including without limitation reverse auctions. (b) A public body created under this subchapter shall constitute a separate legal entity, but to the extent provided by state law or set forth in the certificate of incorporation of the public body or the interlocal agreement of the participating public agencies, shall be subject to the further supervision or regulation of, or require the further approval or consent of, any participating public agency. Amended by Act 2019, No. 613,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 711,§ 3, eff. 3/27/2017. Acts 2001, No. 982, § 1.

(a) In addition to exercising the powers set forth elsewhere in this subchapter, and unless its certificate of incorporation or interlocal agreement provides otherwise, each public body created under this subchapter shall have the power to: (1) Have perpetual succession as a body politic and corporate; (2) Maintain such offices as it may deem appropriate; (3) Execute and perform contracts; (4) Sue and be sued; (5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith; (6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners shall deem appropriate; (7) Employ the services of professionals; (8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of compensation under the Workers' Compensation Law, § 11-9-101 et seq., by compliance with the requirements of § 11-9-404(a)(2) , provided that deposit of an indemnity bond, letter of credit, or securities shall not be required; (9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name; (10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds; (11) Borrow money on a secured or unsecured basis, and in connection therewith, issue bonds, promissory notes, or other evidence of indebtedness and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body; (12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies; (13) Exercise such other powers, privileges, and authorities as the participating public agencies shall have delegated to the public body by their interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law; (14) Have such other and further powers relating to the ownership and operation of a water system, a wastewater system, and a storm water system as are now by law given to the governing body of any participating public agency and do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the public body by this subchapter; (15) Own and operate, or operate on behalf of a municipality, county, corporation, organization, other public body, or entity authorized by law, any one (1) or more of the following: (A) A storm water system; (B) A water system; or (C) A wastewater system; (16) Purchase goods and services under applicable law for the public body; and (17) Purchase professional services under § 19-11-801 et seq. or by any method of competitive bidding including without limitation reverse auctions.

(1) Have perpetual succession as a body politic and corporate;

(2) Maintain such offices as it may deem appropriate;

(3) Execute and perform contracts;

(4) Sue and be sued;

(5) Apply for and receive permits, licenses, certificates, and approvals as may be necessary and own and operate facilities in accordance therewith;

(6) Employ the services of all personnel necessary to its operations and, in connection therewith, adopt and implement such healthcare, disability, bonus, retirement, and other employee benefit plans as the board of commissioners shall deem appropriate;

(7) Employ the services of professionals;

(8) Purchase insurance, maintain reserves for self-insurance, and become self-insured for the payment of compensation under the Workers' Compensation Law, § 11-9-101 et seq., by compliance with the requirements of § 11-9-404(a)(2) , provided that deposit of an indemnity bond, letter of credit, or securities shall not be required;

(9) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, and otherwise acquire, dispose of, and deal with real and personal property and any legal or equitable interest therein in its own name;

(10) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any proceeds from the sale of bonds;

(11) Borrow money on a secured or unsecured basis, and in connection therewith, issue bonds, promissory notes, or other evidence of indebtedness and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the public body;

(12) Pay reasonable franchise fees, make payments in lieu of taxes, or otherwise make payments to the participating public agencies in such amounts as may be required or permitted by the participating public agencies;

(13) Exercise such other powers, privileges, and authorities as the participating public agencies shall have delegated to the public body by their interlocal agreement, subject to any restrictions imposed thereon by the interlocal agreement or applicable law;

(14) Have such other and further powers relating to the ownership and operation of a water system, a wastewater system, and a storm water system as are now by law given to the governing body of any participating public agency and do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the public body by this subchapter;

(15) Own and operate, or operate on behalf of a municipality, county, corporation, organization, other public body, or entity authorized by law, any one (1) or more of the following: (A) A storm water system; (B) A water system; or (C) A wastewater system;

(A) A storm water system;

(B) A water system; or

(C) A wastewater system;

(16) Purchase goods and services under applicable law for the public body; and

(17) Purchase professional services under § 19-11-801 et seq. or by any method of competitive bidding including without limitation reverse auctions.

(b) A public body created under this subchapter shall constitute a separate legal entity, but to the extent provided by state law or set forth in the certificate of incorporation of the public body or the interlocal agreement of the participating public agencies, shall be subject to the further supervision or regulation of, or require the further approval or consent of, any participating public agency.

Amended by Act 2019, No. 613,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 711,§ 3, eff. 3/27/2017.

Acts 2001, No. 982, § 1.
Ark. Code Ann. § 25-18-225 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-225
Publishing and distribution of Arkansas acts
Status: in_force

(a) The Secretary of State shall permanently maintain the original and one (1) copy of all: (1) Acts of the General Assembly; (2) Memorials; (3) Resolutions; (4) Proposed constitutional amendments, both initiated and referred; and (5) Proposed initiated acts. (b) The Secretary of State shall arrange for the printing and distribution of these documents as provided in this section. (c) (1) The Secretary of State shall: (A) Make true and accurate reproductions, as technology permits, of the original documents of: (i) Acts; (ii) Initiated acts; (iii) Resolutions; (iv) Memorials; and (v) Constitutional amendments, both initiated and referred; and (B) Deliver them to the contractor for printing as the Acts of Arkansas. (2) General acts and appropriation acts shall be numbered consecutively as they are approved by the appropriate body. (3) General acts and appropriation acts shall be printed consecutively. (d) (1) It shall be the duty of the Secretary of State to have prepared a full, thorough, and complete index. (2) A general index shall cover: (A) General acts; (B) Appropriation acts; (C) Initiated acts; (D) Special and local acts; (E) Memorials; and (F) Resolutions. (e) The Secretary of State shall insert his or her certificate in the pamphlet containing the printed laws, resolutions, memorials, and similar items that the laws thus printed are "correct copies of the original on file in the Office of the Secretary of State". (f) The Secretary of State is authorized, if that office determines it to be in the public interest, to publish and distribute separate acts, or a group of acts dealing with the same or related subjects, in pamphlet or book form. (g) The Acts of Arkansas shall be published containing the acts of the General Assembly exactly as enacted by the General Assembly. Acts passed by the General Assembly in markup format shall be published in markup format. No correction, change, renumbering, substitution, redesignation, or rearrangement shall be made to the text of the acts published in the Acts of Arkansas. Acts 1995, No. 879, §§ 1-6; 1999, No. 751, § 5.

(a) The Secretary of State shall permanently maintain the original and one (1) copy of all: (1) Acts of the General Assembly; (2) Memorials; (3) Resolutions; (4) Proposed constitutional amendments, both initiated and referred; and (5) Proposed initiated acts.

(1) Acts of the General Assembly;

(2) Memorials;

(3) Resolutions;

(4) Proposed constitutional amendments, both initiated and referred; and

(5) Proposed initiated acts.

(b) The Secretary of State shall arrange for the printing and distribution of these documents as provided in this section.

(c) (1) The Secretary of State shall: (A) Make true and accurate reproductions, as technology permits, of the original documents of: (i) Acts; (ii) Initiated acts; (iii) Resolutions; (iv) Memorials; and (v) Constitutional amendments, both initiated and referred; and (B) Deliver them to the contractor for printing as the Acts of Arkansas. (2) General acts and appropriation acts shall be numbered consecutively as they are approved by the appropriate body. (3) General acts and appropriation acts shall be printed consecutively.

(1) The Secretary of State shall: (A) Make true and accurate reproductions, as technology permits, of the original documents of: (i) Acts; (ii) Initiated acts; (iii) Resolutions; (iv) Memorials; and (v) Constitutional amendments, both initiated and referred; and (B) Deliver them to the contractor for printing as the Acts of Arkansas.

(A) Make true and accurate reproductions, as technology permits, of the original documents of: (i) Acts; (ii) Initiated acts; (iii) Resolutions; (iv) Memorials; and (v) Constitutional amendments, both initiated and referred; and

(i) Acts;

(ii) Initiated acts;

(iii) Resolutions;

(iv) Memorials; and

(v) Constitutional amendments, both initiated and referred; and

(B) Deliver them to the contractor for printing as the Acts of Arkansas.

(2) General acts and appropriation acts shall be numbered consecutively as they are approved by the appropriate body.

(3) General acts and appropriation acts shall be printed consecutively.

(d) (1) It shall be the duty of the Secretary of State to have prepared a full, thorough, and complete index. (2) A general index shall cover: (A) General acts; (B) Appropriation acts; (C) Initiated acts; (D) Special and local acts; (E) Memorials; and (F) Resolutions.

(1) It shall be the duty of the Secretary of State to have prepared a full, thorough, and complete index.

(2) A general index shall cover: (A) General acts; (B) Appropriation acts; (C) Initiated acts; (D) Special and local acts; (E) Memorials; and (F) Resolutions.

(A) General acts;

(B) Appropriation acts;

(C) Initiated acts;

(D) Special and local acts;

(E) Memorials; and

(F) Resolutions.

(e) The Secretary of State shall insert his or her certificate in the pamphlet containing the printed laws, resolutions, memorials, and similar items that the laws thus printed are "correct copies of the original on file in the Office of the Secretary of State".

(f) The Secretary of State is authorized, if that office determines it to be in the public interest, to publish and distribute separate acts, or a group of acts dealing with the same or related subjects, in pamphlet or book form.

(g) The Acts of Arkansas shall be published containing the acts of the General Assembly exactly as enacted by the General Assembly. Acts passed by the General Assembly in markup format shall be published in markup format. No correction, change, renumbering, substitution, redesignation, or rearrangement shall be made to the text of the acts published in the Acts of Arkansas.

Acts 1995, No. 879, §§ 1-6; 1999, No. 751, § 5.
Ark. Code Ann. § 25-18-208 — AR Code / Title 25 / Chapter 18 / Subchapter 2 / Section 25-18-208
Digests, acts, and journals - Lost or destroyed books
Status: in_force

If any of the digests, acts, and journals shall be lost or destroyed, the officer whose books have become lost or destroyed may obtain a duplicate copy from the Secretary of State by furnishing the Secretary of State a statement under oath of the facts in the case, setting out the reason why the books are missing and that the loss is due to no fault or negligence of the officer and whether or not settlement for the books has been made under § 25-18-207 . Acts 1921, No. 207, § 6; Pope's Dig., § 5438; A.S.A. 1947, § 14-418.

If any of the digests, acts, and journals shall be lost or destroyed, the officer whose books have become lost or destroyed may obtain a duplicate copy from the Secretary of State by furnishing the Secretary of State a statement under oath of the facts in the case, setting out the reason why the books are missing and that the loss is due to no fault or negligence of the officer and whether or not settlement for the books has been made under § 25-18-207 .

Acts 1921, No. 207, § 6; Pope's Dig., § 5438; A.S.A. 1947, § 14-418.
Ark. Code Ann. § 25-43-603 — AR Code / Title 25 / Chapter 43 / Subchapter 6 / Section 25-43-603
Secretary of the Department of Energy and Environment
Status: in_force

(a) The executive head of the Department of Energy and Environment shall be the Secretary of the Department of Energy and Environment. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department, if the secretary also meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. Amended by Act 2021, No. 413,§ 5, eff. 7/28/2021. Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.

(a) The executive head of the Department of Energy and Environment shall be the Secretary of the Department of Energy and Environment.

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

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

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

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

(1) Hire department personnel;

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

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

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

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

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

Amended by Act 2021, No. 413,§ 5, eff. 7/28/2021.

Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Ark. Code Ann. § 25-30-205 — AR Code / Title 25 / Chapter 30 / Subchapter 2 / Section 25-30-205
Office facilities
Status: in_force

The Building Authority Division shall ensure that all offices of Arkansas Rehabilitation Services are exemplary models of accessibility and conform to the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., accessibility guidelines. Amended by Act 2019, No. 910,§ 3586, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 629, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 61, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 61, eff. 7/1/2015. Acts 1999, No. 1323, § 58; 2007, No. 186, § 12.

The Building Authority Division shall ensure that all offices of Arkansas Rehabilitation Services are exemplary models of accessibility and conform to the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., accessibility guidelines.

Amended by Act 2019, No. 910,§ 3586, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 629, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 61, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 61, eff. 7/1/2015.

Acts 1999, No. 1323, § 58; 2007, No. 186, § 12.
Ark. Code Ann. § 25-35-106 — AR Code / Title 25 / Chapter 35 / Section 25-35-106
Premiums and schedules of coverage and endorsements
Status: in_force

(a) (1) Premiums shall be charged to each agency based on the rates established by the risk manager that include all costs associated with the operation of the Arkansas Multi-Agency Insurance Trust Fund, based upon sound rating techniques. (2) The risk manager shall provide premium billings to participating state agencies for each renewal and for participating agency changes occurring during the policy year. (3) If any participating state agency fails to pay its premium charges within thirty (30) days after the due date, the risk manager shall notify the delinquent state agency that coverage will be cancelled due to nonpayment of premium unless the delinquent payment is made within thirty (30) days of the notice. (4) Funds appropriated or otherwise made available to participating state agencies for payment of premium shall not be reduced as a result of any shortfall of projected revenues. (b) The risk manager will provide each agency with a renewal schedule of coverage and an endorsement for each participating state agency change occurring during the policy year. Acts 2003, No. 1762, § 1.

(a) (1) Premiums shall be charged to each agency based on the rates established by the risk manager that include all costs associated with the operation of the Arkansas Multi-Agency Insurance Trust Fund, based upon sound rating techniques. (2) The risk manager shall provide premium billings to participating state agencies for each renewal and for participating agency changes occurring during the policy year. (3) If any participating state agency fails to pay its premium charges within thirty (30) days after the due date, the risk manager shall notify the delinquent state agency that coverage will be cancelled due to nonpayment of premium unless the delinquent payment is made within thirty (30) days of the notice. (4) Funds appropriated or otherwise made available to participating state agencies for payment of premium shall not be reduced as a result of any shortfall of projected revenues.

(1) Premiums shall be charged to each agency based on the rates established by the risk manager that include all costs associated with the operation of the Arkansas Multi-Agency Insurance Trust Fund, based upon sound rating techniques.

(2) The risk manager shall provide premium billings to participating state agencies for each renewal and for participating agency changes occurring during the policy year.

(3) If any participating state agency fails to pay its premium charges within thirty (30) days after the due date, the risk manager shall notify the delinquent state agency that coverage will be cancelled due to nonpayment of premium unless the delinquent payment is made within thirty (30) days of the notice.

(4) Funds appropriated or otherwise made available to participating state agencies for payment of premium shall not be reduced as a result of any shortfall of projected revenues.

(b) The risk manager will provide each agency with a renewal schedule of coverage and an endorsement for each participating state agency change occurring during the policy year.

Acts 2003, No. 1762, § 1.
Ark. Code Ann. § 25-30-101 — AR Code / Title 25 / Chapter 30 / Subchapter 1 / Section 25-30-101
Career Education and Workforce Development Board - Creation - Membership
Status: in_force

(a) The Career Education and Workforce Development Board is created. (b) The board shall consist of the following members, to be appointed by the Governor with advice and consent of the Senate: (1) (A) As voting members, from a list of recommendations by industry and business associations: (i) One (1) member to represent the agriculture industry; (ii) One (1) member to represent the construction industry; (iii) One (1) member to represent the energy industry; (iv) One (1) member to represent the healthcare industry; (v) One (1) member to represent the information technology industry; (vi) One (1) member to represent the manufacturing industry; (vii) One (1) member to represent the transportation-logistics industry; and (viii) At the discretion of the Governor, up to three (3) members representing industries represented in subdivisions (b)(1)(A)(i)-(vii) of this section. (B) A voting member under subdivision (b)(1)(A) of this section may establish a subcommittee that includes nonboard members from the voting member's relevant industry in order to discuss and develop the list of recommendations developed by certain individuals as required under § 25-30-102(a)(1)(C) for the strategic plan required under § 25-30-102(a)(1)(A) ; and (2) As nonvoting members: (A) The Commissioner of Elementary and Secondary Education; (B) The Commissioner of the Division of Higher Education; (C) The Executive Director of Arkansas Community Colleges; (D) The Director of the Arkansas Economic Development Commission; (E) The Director of the Division of Workforce Services; (F) One (1) member to represent the four-year state-supported institutions of higher education; (G) One (1) member to represent the Arkansas Association of Educational Administrators; (H) One (1) member to represent the Department of Human Services; (I) One (1) member to represent the Department of Corrections; (J) One (1) member to represent the Arkansas Economic Developers and Chamber Executives; (K) The Director of the Division of Career and Technical Education; and (L) One (1) member to represent the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission. (c) The industry members shall serve at the pleasure of the Governor. (d) (1) A majority of the membership of the board shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the board. (e) A vacancy on the board due to death, resignation, removal, or other cause shall be filled by appointment by the Governor for the unexpired portion of the term. (f) The Governor may remove a voting member of the board before the expiration of his or her term for cause only, after notice and hearing in accordance with §§ 25-17-210 and 25-17-211 . (g) Voting members of the board may receive expense reimbursement and stipends under § 25-16-902 . (h) The board shall elect from its own number a chair and other officers necessary to carry on its business. Amended by Act 2023, No. 648,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 648,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 786,§ 56, eff. 4/12/2023. Amended by Act 2019, No. 369,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 624, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 623, eff. 7/1/2019. Amended by Act 2019, No. 1079,§ 2, eff. 4/17/2019. Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015. Acts 1999, No. 1323, § 58; 2001, No. 1288, § 25; 2009, No. 787, § 3; 2011, No. 1122, § 6.

(a) The Career Education and Workforce Development Board is created.

(b) The board shall consist of the following members, to be appointed by the Governor with advice and consent of the Senate: (1) (A) As voting members, from a list of recommendations by industry and business associations: (i) One (1) member to represent the agriculture industry; (ii) One (1) member to represent the construction industry; (iii) One (1) member to represent the energy industry; (iv) One (1) member to represent the healthcare industry; (v) One (1) member to represent the information technology industry; (vi) One (1) member to represent the manufacturing industry; (vii) One (1) member to represent the transportation-logistics industry; and (viii) At the discretion of the Governor, up to three (3) members representing industries represented in subdivisions (b)(1)(A)(i)-(vii) of this section. (B) A voting member under subdivision (b)(1)(A) of this section may establish a subcommittee that includes nonboard members from the voting member's relevant industry in order to discuss and develop the list of recommendations developed by certain individuals as required under § 25-30-102(a)(1)(C) for the strategic plan required under § 25-30-102(a)(1)(A) ; and (2) As nonvoting members: (A) The Commissioner of Elementary and Secondary Education; (B) The Commissioner of the Division of Higher Education; (C) The Executive Director of Arkansas Community Colleges; (D) The Director of the Arkansas Economic Development Commission; (E) The Director of the Division of Workforce Services; (F) One (1) member to represent the four-year state-supported institutions of higher education; (G) One (1) member to represent the Arkansas Association of Educational Administrators; (H) One (1) member to represent the Department of Human Services; (I) One (1) member to represent the Department of Corrections; (J) One (1) member to represent the Arkansas Economic Developers and Chamber Executives; (K) The Director of the Division of Career and Technical Education; and (L) One (1) member to represent the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission.

(1) (A) As voting members, from a list of recommendations by industry and business associations: (i) One (1) member to represent the agriculture industry; (ii) One (1) member to represent the construction industry; (iii) One (1) member to represent the energy industry; (iv) One (1) member to represent the healthcare industry; (v) One (1) member to represent the information technology industry; (vi) One (1) member to represent the manufacturing industry; (vii) One (1) member to represent the transportation-logistics industry; and (viii) At the discretion of the Governor, up to three (3) members representing industries represented in subdivisions (b)(1)(A)(i)-(vii) of this section. (B) A voting member under subdivision (b)(1)(A) of this section may establish a subcommittee that includes nonboard members from the voting member's relevant industry in order to discuss and develop the list of recommendations developed by certain individuals as required under § 25-30-102(a)(1)(C) for the strategic plan required under § 25-30-102(a)(1)(A) ; and

(A) As voting members, from a list of recommendations by industry and business associations: (i) One (1) member to represent the agriculture industry; (ii) One (1) member to represent the construction industry; (iii) One (1) member to represent the energy industry; (iv) One (1) member to represent the healthcare industry; (v) One (1) member to represent the information technology industry; (vi) One (1) member to represent the manufacturing industry; (vii) One (1) member to represent the transportation-logistics industry; and (viii) At the discretion of the Governor, up to three (3) members representing industries represented in subdivisions (b)(1)(A)(i)-(vii) of this section.

(i) One (1) member to represent the agriculture industry;

(ii) One (1) member to represent the construction industry;

(iii) One (1) member to represent the energy industry;

(iv) One (1) member to represent the healthcare industry;

(v) One (1) member to represent the information technology industry;

(vi) One (1) member to represent the manufacturing industry;

(vii) One (1) member to represent the transportation-logistics industry; and

(viii) At the discretion of the Governor, up to three (3) members representing industries represented in subdivisions (b)(1)(A)(i)-(vii) of this section.

(B) A voting member under subdivision (b)(1)(A) of this section may establish a subcommittee that includes nonboard members from the voting member's relevant industry in order to discuss and develop the list of recommendations developed by certain individuals as required under § 25-30-102(a)(1)(C) for the strategic plan required under § 25-30-102(a)(1)(A) ; and

(2) As nonvoting members: (A) The Commissioner of Elementary and Secondary Education; (B) The Commissioner of the Division of Higher Education; (C) The Executive Director of Arkansas Community Colleges; (D) The Director of the Arkansas Economic Development Commission; (E) The Director of the Division of Workforce Services; (F) One (1) member to represent the four-year state-supported institutions of higher education; (G) One (1) member to represent the Arkansas Association of Educational Administrators; (H) One (1) member to represent the Department of Human Services; (I) One (1) member to represent the Department of Corrections; (J) One (1) member to represent the Arkansas Economic Developers and Chamber Executives; (K) The Director of the Division of Career and Technical Education; and (L) One (1) member to represent the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission.

(A) The Commissioner of Elementary and Secondary Education;

(B) The Commissioner of the Division of Higher Education;

(C) The Executive Director of Arkansas Community Colleges;

(D) The Director of the Arkansas Economic Development Commission;

(E) The Director of the Division of Workforce Services;

(F) One (1) member to represent the four-year state-supported institutions of higher education;

(G) One (1) member to represent the Arkansas Association of Educational Administrators;

(H) One (1) member to represent the Department of Human Services;

(I) One (1) member to represent the Department of Corrections;

(J) One (1) member to represent the Arkansas Economic Developers and Chamber Executives;

(K) The Director of the Division of Career and Technical Education; and

(L) One (1) member to represent the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission.

(c) The industry members shall serve at the pleasure of the Governor.

(d) (1) A majority of the membership of the board shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the board.

(1) A majority of the membership of the board shall constitute a quorum.

(2) A majority vote of those members present shall be required for any action of the board.

(e) A vacancy on the board due to death, resignation, removal, or other cause shall be filled by appointment by the Governor for the unexpired portion of the term.

(f) The Governor may remove a voting member of the board before the expiration of his or her term for cause only, after notice and hearing in accordance with §§ 25-17-210 and 25-17-211 .

(g) Voting members of the board may receive expense reimbursement and stipends under § 25-16-902 .

(h) The board shall elect from its own number a chair and other officers necessary to carry on its business.

Amended by Act 2023, No. 648,§ 2, eff. 8/1/2023.

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

Amended by Act 2023, No. 786,§ 56, eff. 4/12/2023.

Amended by Act 2019, No. 369,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 624, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 623, eff. 7/1/2019.

Amended by Act 2019, No. 1079,§ 2, eff. 4/17/2019.

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

Acts 1999, No. 1323, § 58; 2001, No. 1288, § 25; 2009, No. 787, § 3; 2011, No. 1122, § 6.
Ark. Code Ann. § 25-10-132 — AR Code / Title 25 / Chapter 10 / Subchapter 1 / Section 25-10-132
Medical services and county operations - Use of local funds
Status: in_force

To the extent allowed by federal requirements, including waiver, demonstration and pilot project options, the Division of Medical Services of the Department of Human Services and the Division of County Operations of the Department of Human Services shall use local and donated funds to obtain federal matching funds to enhance federal agency programs. Acts 1995, No. 1198, § 79.

To the extent allowed by federal requirements, including waiver, demonstration and pilot project options, the Division of Medical Services of the Department of Human Services and the Division of County Operations of the Department of Human Services shall use local and donated funds to obtain federal matching funds to enhance federal agency programs.

Acts 1995, No. 1198, § 79.
Ark. Code Ann. § 25-1-203 — AR Code / Title 25 / Chapter 1 / Subchapter 2 / Section 25-1-203
Distribution of other publications
Status: in_force

(a) A state agency shall not distribute a state publication except as provided in this section. (b) (1) A state agency shall place a state publication on its website. (2) The Division of Information Systems shall assist those state agencies requesting assistance in placing publications on the state agency's website. (c) Upon request, a state agency shall provide an unbound, black-and-white copy of a state publication to a person. (d) (1) A state agency shall compile a mailing list of persons requesting publications distributed by the state agency. (2) (A) Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication. (B) The card shall include the address of the website on which the publication is located. (C) Upon return receipt of a card, the state agency shall then send a copy of the publication to the person. (e) This section does not apply to the following publications: (1) Public information pamphlets; (2) Promotional brochures; (3) Copies of legislative bills; (4) Copies of statutes, laws, and rules; (5) Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (6) Publications that are applications, instructions, or guidelines for complying with state or federal law, regulation, or policy; (7) Publications of the Division of Agriculture of the University of Arkansas; (8) Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws; (9) Financial reports required by a: (A) Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report; (B) Bond rating agency; (C) Bond trustee; or (D) Financial institution; and (10) The Arkansas Highways magazine published by the Arkansas Department of Transportation. (f) A state agency may distribute upon request an abstract that contains a description of reports submitted to the General Assembly and of any other information that is available. (g) (1) Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the: (A) Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and (B) The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years. (2) (A) The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year. (B) The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section. (3) Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly. Amended by Act 2019, No. 315,§ 2906, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6254, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 286, eff. 8/1/2017. Amended by Act 2013, No. 501,§ 6, eff. 8/16/2013. Acts 1999, No. 1276, § 3.

(a) A state agency shall not distribute a state publication except as provided in this section.

(b) (1) A state agency shall place a state publication on its website. (2) The Division of Information Systems shall assist those state agencies requesting assistance in placing publications on the state agency's website.

(1) A state agency shall place a state publication on its website.

(2) The Division of Information Systems shall assist those state agencies requesting assistance in placing publications on the state agency's website.

(c) Upon request, a state agency shall provide an unbound, black-and-white copy of a state publication to a person.

(d) (1) A state agency shall compile a mailing list of persons requesting publications distributed by the state agency. (2) (A) Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication. (B) The card shall include the address of the website on which the publication is located. (C) Upon return receipt of a card, the state agency shall then send a copy of the publication to the person.

(1) A state agency shall compile a mailing list of persons requesting publications distributed by the state agency.

(2) (A) Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication. (B) The card shall include the address of the website on which the publication is located. (C) Upon return receipt of a card, the state agency shall then send a copy of the publication to the person.

(A) Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication.

(B) The card shall include the address of the website on which the publication is located.

(C) Upon return receipt of a card, the state agency shall then send a copy of the publication to the person.

(e) This section does not apply to the following publications: (1) Public information pamphlets; (2) Promotional brochures; (3) Copies of legislative bills; (4) Copies of statutes, laws, and rules; (5) Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (6) Publications that are applications, instructions, or guidelines for complying with state or federal law, regulation, or policy; (7) Publications of the Division of Agriculture of the University of Arkansas; (8) Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws; (9) Financial reports required by a: (A) Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report; (B) Bond rating agency; (C) Bond trustee; or (D) Financial institution; and (10) The Arkansas Highways magazine published by the Arkansas Department of Transportation.

(1) Public information pamphlets;

(2) Promotional brochures;

(3) Copies of legislative bills;

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

(5) Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.;

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

(7) Publications of the Division of Agriculture of the University of Arkansas;

(8) Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws;

(9) Financial reports required by a: (A) Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report; (B) Bond rating agency; (C) Bond trustee; or (D) Financial institution; and

(A) Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report;

(B) Bond rating agency;

(C) Bond trustee; or

(D) Financial institution; and

(10) The Arkansas Highways magazine published by the Arkansas Department of Transportation.

(f) A state agency may distribute upon request an abstract that contains a description of reports submitted to the General Assembly and of any other information that is available.

(g) (1) Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the: (A) Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and (B) The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years. (2) (A) The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year. (B) The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section. (3) Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly.

(1) Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the: (A) Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and (B) The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years.

(A) Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and

(B) The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years.

(2) (A) The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year. (B) The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section.

(A) The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year.

(B) The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section.

(3) Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly.

Amended by Act 2019, No. 315,§ 2906, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6254, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 286, eff. 8/1/2017.

Amended by Act 2013, No. 501,§ 6, eff. 8/16/2013.

Acts 1999, No. 1276, § 3.