reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-106 - Cabinet-level departments - Powers and duties

(a)
A cabinet-level department shall:
(1)
Execute the powers and duties prescribed by law;
(2)
Administer each state entity subject to a cabinet-level department transfer under this chapter;
(3)
Make contracts, grants, and employ, to the extent funds are available, such employees as are necessary to carry out the purposes of the cabinet-level department and each state entity administered by the cabinet-level department; and
(4)
Perform all administrative functions of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law.
(b)
A cabinet-level department may:
(1)
Assist other state entities and federal departments, agencies, boards, commissions, and institutions, by performing services in conformity with the purposes of the cabinet-level department;
(2)
Maintain and administer real property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law;
(3)
Maintain and administer all other property on behalf of a state entity subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law;
(4)
Provide administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, or standards promulgated or issued by each state entity over which the cabinet-level department has administrative control; and
(5)
Share business and administrative services across each cabinet-level department as determined necessary by the secretary of the cabinet-level department.
Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-107 - Effect on preexisting rules, regulations, etc

(a)
The Transformation and Efficiencies Act of 2019 does not affect the orders, rules, regulations, directives, or standards made or promulgated prior to the effective date of the Transformation and Efficiencies Act of 2019 by a state entity subject to a cabinet-level department transfer under this chapter.
(b)
The orders, rules, regulations, directives, or standards under subsection (a) of this section shall continue with full force and effect until amended or repealed pursuant to authority given by law.
(c)
The following shall not be impaired in any way by the Transformation and Efficiencies Act of 2019 and shall continue with full force and effect:
(1)
Bonds issued by the Arkansas Development Finance Authority;
(2)
Contracts and obligations securing bonds issued by the Arkansas Development Finance Authority or pertaining to bonds issued by the Arkansas Development Finance Authority; and
(3)
Programs financed by bonds issued by the Arkansas Development Finance Authority.
Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-110 - Funds and personnel transferred

(a)
A fund or fund account name that due to the implementation of the Transformation and Efficiencies Act of 2019 has not been revised in an appropriation or in the Arkansas Code to the same fund or fund account name enacted by the Ninety-Second General Assembly, shall be payable from the appropriation enacted with the fund or fund account name as originally enacted by the Ninety-Second General Assembly.
(b)
Unless otherwise provided by law, when all or part of a state entity is subject to a cabinet-level department transfer, the state entity's authorized classifications, employees, property, unexpended balances of appropriations, allocations, and funds are transferred to the cabinet-level department as authorized under this chapter.
(c)
(1)
A state entity appropriation transferred from a paying account or fund not established in a cabinet-level department, due to the implementation of the Transformation and Efficiencies Act of 2019, is payable and appropriated from a cash fund established in the State Treasury in the same amount and for the same purpose as that transferred state entity.
(2)
At no time may funding or cash fund appropriation be established under subdivision (c)(1) of this section that is not authorized to be transferred or in a greater amount than is transferred.
(d)
(1)
Any classification title for a state entity that is subject to a cabinet-level department transfer under this chapter may be revised as determined appropriate by the Office of Personnel Management to reference the appropriate state entity.
(2)
The authority under subdivision (d)(1) of this section does not allow for revisions to:
(A)
A pay grade;
(B)
A line item;
(C)
The number of authorized classifications; or
(D)
A job duty.
Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-111 - State entity subject to Arkansas Constitution, Amendment 33

(a)
Notwithstanding any provision of the Transformation and Efficiencies Act of 2019, if a state entity subject to a cabinet-level department transfer under this chapter is subject to Arkansas Constitution, Amendment 33:
(1)
The state entity subject to Arkansas Constitution, Amendment 33, and the institutions under its authority shall be considered to be affiliated with the cabinet-level department at issue; and
(2)
The state entity subject to Arkansas Constitution, Amendment 33, shall perform all functions with respect to the management and control of the state entity and the institutions under its authority as contemplated by Arkansas Constitution, Amendment 33.
(b)
The Transformation and Efficiencies Act of 2019 shall not abridge, diminish, or curtail, in any respect, the authority or responsibilities vested in a state entity that is subject to Arkansas Constitution, Amendment 33, and affiliated with a cabinet-level department under the Transformation and Efficiencies Act of 2019.
Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-112 - [Repealed]

Repealed by Act 2023, No. 312,§ 1, eff. 8/1/2023.
Added by Act 2021, No. 1111,§ 2, eff. 5/3/2021.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 2 - DEPARTMENT OF AGRICULTURE (§§ 25-43-201 — 25-43-202) › Section 25-43-201 - Department of Agriculture

There is created the Department of Agriculture as a cabinet-level department.
Added by Act 2019, No. 910,§ 3, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 3 - DEPARTMENT OF COMMERCE (§§ 25-43-301 — 25-43-305) › Section 25-43-301 - Department of Commerce

There is created a Department of Commerce as a cabinet-level department.
Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 3 - DEPARTMENT OF COMMERCE (§§ 25-43-301 — 25-43-305) › Section 25-43-303 - Secretary of the Department of Commerce - Definition

(a)
The executive head of the Department of Commerce shall be the Secretary of the Department of Commerce.
(b)
The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.
(c)
Each division of the Department of Commerce shall be under the direction, control, and supervision of the secretary, unless otherwise provided by law.
(d)
The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the Department of Commerce as he or she shall deem desirable and necessary for the effective and efficient operation of the Department of Commerce.
(e)
The secretary may, unless otherwise provided by law:
(1)
Hire Department of Commerce personnel;
(2)
Perform or assign duties assigned to the Department of Commerce; and
(3)
Be appointed as the director or the administrative or executive head of any state entity under the administrative control of the Department of Commerce if the secretary also meets all statutory requirements for the position.
(f)
(1)
If the secretary meets all statutory requirements for the respective position, the secretary may serve as the interim or acting:
(A)
Insurance Commissioner;
(B)
Bank Commissioner; or
(C)
Securities Commissioner.
(2)
The secretary cannot be permanently appointed to any of the positions listed in subdivision (f)(1) of this section.
(g)
(1)
The secretary shall delegate the authority to hire employees and to make employment contracts for work performed to the following officers for their respective departments:
(A)
The Insurance Commissioner;
(B)
The Bank Commissioner; and
(C)
The Securities Commissioner.
(2)
The State Insurance Department, State Bank Department, and State Securities Department shall be subject to all executive orders by the Governor instituting a hiring freeze or restriction applicable to all cabinet-level departments.
(3)
When exercising his or her duties, the secretary shall work in consultation with the following officers with regard to their respective departments:
(A)
The Insurance Commissioner;
(B)
The Bank Commissioner; and
(C)
The Securities Commissioner.
(4)
As used in subdivision (g)(3) of this section, "consultation" means coordinating with, giving input, reviewing, and recommending, but shall not require approval or consent.
(h)
(1)
By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the Department of Commerce.
(2)
The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection.
Amended by Act 2021, No. 413,§ 2, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 3 - DEPARTMENT OF COMMERCE (§§ 25-43-301 — 25-43-305) › Section 25-43-304 - Compliance with federal law

(a)
All employees of the Department of Commerce shall be assigned and perform assigned duties in compliance with all applicable federal laws, regulations, and rules, including without limitation all rules related to the State Securities Department, State Bank Department, and the State Insurance Department.
(b)
To ensure compliance with federal law, only Department of Commerce employees who are dedicated employees of the State Bank Department shall:
(1)
Conduct examinations of financial institutions;
(2)
Handle and process reports of examinations of financial institutions; and
(3)
Handle confidential financial institution information.
Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 3 - DEPARTMENT OF COMMERCE (§§ 25-43-301 — 25-43-305) › Section 25-43-305 - Adult Education Section

(a)
There is created within the Division of Workforce Services an Adult Education Section.
(b)
The Secretary of the Department of Commerce may delegate any duties and responsibilities to the section.
(c)
The secretary may employ the personnel necessary to administer the section.
Added by Act 2019, No. 910,§ 126, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 4 - DEPARTMENT OF CORRECTIONS (§§ 25-43-401 — 25-43-403) › Section 25-43-401 - Department of Corrections

(a)
There is created the Department of Corrections as a cabinet-level department.
(b)
(1)
The Board of Corrections:
(A)
Is affiliated with the department;
(B)
Shall be the governing authority of the department; and
(C)
Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33.
(2)
No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions.
(c)
The department shall:
(1)
Maintain and administer real property on behalf of each state entity transferred under this chapter if the real property is not under the supervision and control of the board; and
(2)
Maintain and administer all personal property on behalf of each state entity transferred under this chapter.
(d)
The department shall:
(1)
Assist the board with developing a biennial budget and annual, quarterly, and monthly fiscal plans for the operation of the board and assist the board in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Corrections;
(2)
Assist the board with complying with the general guidelines, polices, and rules of the department with respect to personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the department;
(3)
Consult with the board regarding personnel decisions and staffing; and
(4)
Coordinate the policies promulgated by the board for the administration of personnel and personnel records to assure that all employee records and personnel records of the board conform to the personnel policies and practices of the department.
Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 4 - DEPARTMENT OF CORRECTIONS (§§ 25-43-401 — 25-43-403) › Section 25-43-402 - State entities transferred to Department of Corrections

(a)
The administrative functions of the following state entities are transferred to the Department of Corrections by a cabinet-level department transfer:
(1)
The Arkansas Sentencing Commission, created under §
16-90-802
;
(2)
The Arkansas Correctional School District, created under §
12-29-301
;
(3)
[Repealed.]
(4)
The Department of Community Correction, created under §
12-27-125
, and now to be known as the "Division of Community Correction";
(5)
The Department of Correction, created under §
12-27-103
, and now to be known as the "Division of Correction";
(6)
[Repealed.]
(7)
The Post-Prison Transfer Board, created under §
16-93-201
;
(8)
The Arkansas State Council for the Interstate Commission for Adult Offender Supervision, created under §
12-51-104
; and
(9)
The Sex Offender Assessment Committee, created under §
12-12-921
.
(b)
Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Corrections under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Corrections under subsection (a) of this section.
(c)
Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Corrections under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Corrections in the same manner as before the creation of the cabinet-level department.
Amended by Act 2023, No. 659,§ 247, eff. 1/1/2024.
Amended by Act 2023, No. 306,§ 7, eff. 7/1/2023.
Amended by Act 2023, No. 306,§ 6, eff. 7/1/2023.
Amended by Act 2021, No. 683,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 493,§ 9, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 4 - DEPARTMENT OF CORRECTIONS (§§ 25-43-401 — 25-43-403) › Section 25-43-403 - Secretary of the Department of Corrections

(a)
The executive head of the Department of Corrections shall be the Secretary of the Department of Corrections.
(b)
(1)
The Governor shall nominate to the Board of Corrections a candidate for secretary, subject to confirmation by the Senate.
(2)
(A)
The Board of Corrections shall appoint the secretary who shall serve at the pleasure of the Governor.
(B)
The board is not required to appoint the nominee under subdivision (b)(1) of this section.
(c)
The secretary may perform all duties to administer the department, subject to Arkansas Constitution, Amendment 33, including without limitation:
(1)
Delegate to the employees of the department any of the powers or duties of the department required to administer the:
(A)
Statutory duties; or
(B)
Rules, orders, or directives promulgated or issued by the state entities transferred to or established within the department;
(2)
Hire department personnel;
(3)
Perform or assign duties assigned to the department or to the employees of the department; and
(4)
(A)
Ensure compliance with the balanced correctional plan developed under §
16-90-802(d)(4)
by reviewing the strategic plans of the state entities transferred to or established within the department.
(B)
Review by the secretary under subdivision (c)(4)(A) of this section shall be conducted before the review and approval of the authority of a state entity that is required to develop a strategic plan.
(d)
(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. 659,§ 248, eff. 1/1/2024.
Amended by Act 2023, No. 185,§ 1, eff. 3/2/2023.
Amended by Act 2021, No. 413,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 152,§ 6, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 644, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 5 - DEPARTMENT OF EDUCATION (§§ 25-43-501 — 25-43-505) › Section 25-43-501 - Department of Education

There is created the Department of Education as a cabinet-level department.
Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 5 - DEPARTMENT OF EDUCATION (§§ 25-43-501 — 25-43-505) › Section 25-43-502 - State entities transferred to Department of Education

(a)
The administrative functions of the following state entities are transferred to the Department of Education by a cabinet-level department transfer:
(1)
The Arkansas Better Chance Program, created under §
6-45-105
;
(2)
The Arkansas Higher Education Coordinating Board, created under §
6-61-201
;
(3)
The Arkansas School for the Blind, described in §
6-43-201
et seq.;
(4)
The Arkansas School for the Deaf, created under §
6-43-301
;
(5)
The Arkansas State Library, created under §
13-2-203
;
(6)
The Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf, created under §
6-43-101
;
(7)
The Department of Career Education, created under §
25-30-106
, now to be known as the "Division of Career and Technical Education";
(8)
The Department of Education, created under §
25-6-102
, now to be known as the "Division of Elementary and Secondary Education";
(9)
The Department of Higher Education, created under §
25-7-101
, now to be known as the "Division of Higher Education";
(10)
The Division of Public School Academic Facilities and Transportation, created under §
6-21-112
;
(11)
The Division of Public School Accountability, created under §
6-15-102
;
(12)
The Martin Luther King, Jr. Commission, created under §
25-24-101
;
(13)
The State Board of Education, created under §
6-11-101
;
(14)
The State Library Board, created under §
13-2-205
;
(15)
The AmeriCorps Office, created under §
25-43-504
;
(16)
The Commission for Arkansas Public School Academic Facilities and Transportation, created under §
6-21-114
;
(17)
The Division of Child Care and Early Childhood Education, created under §
20-78-205
;
(18)
The Child Care Appeal Review Panel, defined in §
20-78-202
; and
(19)
The Arkansas Early Childhood Commission, created under §
20-78-501
.
(b)
Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Education under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Education under subsection (a) of this section.
(c)
Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Education under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Education in the same manner as before the creation of the cabinet-level department.
Amended by Act 2023, No. 237,§ 69, eff. 7/1/2023.
Amended by Act 2021, No. 482,§ 1, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 5 - DEPARTMENT OF EDUCATION (§§ 25-43-501 — 25-43-505) › Section 25-43-503 - Secretary of the Department of Education

(a)
The executive head of the Department of Education shall be the Secretary of the Department of Education.
(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)
(1)
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.
(2)
(A)
The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary.
(B)
The designee of the secretary may vote on behalf of the secretary.
(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.
(g)
The appropriation for the salary of the secretary shall be the sole and exclusive authority for his or her salary.
(h)
The secretary shall:
(1)
Devote all of his or her working time exclusively to the performance of his or her duties as secretary;
(2)
Not accept any additional salary from any other source, including without limitation a state, federal, or private entity or person, for the performance of his or her duties as secretary; and
(3)
Not accept any salary, fees, or compensation from any other source, including without limitation a state, federal, or private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any other public or private entity.
(i)
This section does not prohibit the secretary from accepting or receiving expense reimbursements and employee benefits as provided under state law.
Amended by Act 2023, No. 871,§ 26, eff. 7/1/2023.
Amended by Act 2021, No. 413,§ 4, eff. 7/28/2021.
Amended by Act 2021, No. 321,§ 2, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 5 - DEPARTMENT OF EDUCATION (§§ 25-43-501 — 25-43-505) › Section 25-43-504 - AmeriCorps Office

(a)
There is created within the Division of Higher Education an AmeriCorps Office.
(b)
The AmeriCorps Office shall perform those duties as delegated by the Secretary of the Department of Education.
Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 5 - DEPARTMENT OF EDUCATION (§§ 25-43-501 — 25-43-505) › Section 25-43-505 - Northwest Technical Institute

(a)
The Northwest Technical Institute shall be a part of the Division of Higher Education.
(b)
The Northwest Technical Institute is an educational facility and shall perform those duties as delegated by the Secretary of the Department of Education.
Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 6 - DEPARTMENT OF ENERGY AND ENVIRONMENT (§§ 25-43-601 — 25-43-605) › Section 25-43-601 - Department of Energy and Environment

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.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 6 - DEPARTMENT OF ENERGY AND ENVIRONMENT (§§ 25-43-601 — 25-43-605) › Section 25-43-602 - State entities transferred to Department of Energy and Environment

(a)
The administrative functions of the following state entities are transferred to the Department of Energy and Environment by a cabinet-level transfer:
(1)
The Advisory Committee on Petroleum Storage Tanks, created under §
8-7-904
;
(2)
The Arkansas Department of Environmental Quality, now to be known as the "Division of Environmental Quality", created under §
25-43-604
;
(3)
The Office of the State Geologist, created under §
15-55-201
;
(4)
The Arkansas Pollution Control and Ecology Commission, created under §
8-4-104
;
(5)
The Liquefied Petroleum Gas Board, created under §
15-75-201
;
(6)
The Nutrient Water Quality Trading Advisory Panel, created under §
8-4-233
; and
(7)
The Oil and Gas Commission, created under §
15-71-101
.
(b)
Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Energy and Environment under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Energy and Environment under subsection (a) of this section.
(c)
Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Energy and Environment under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Energy and Environment in the same manner as before the creation of the cabinet-level department.
Amended by Act 2023, No. 697,§ 21, eff. 7/1/2023.
Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 6 - DEPARTMENT OF ENERGY AND ENVIRONMENT (§§ 25-43-601 — 25-43-605) › Section 25-43-603 - Secretary of the Department of Energy and Environment

(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.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 6 - DEPARTMENT OF ENERGY AND ENVIRONMENT (§§ 25-43-601 — 25-43-605) › Section 25-43-604 - Division of Environmental Quality

(a)
There is created the Division of Environmental Quality.
(b)
The Division of Environmental Quality shall consist of the divisions transferred from the Arkansas Pollution Control and Ecology Commission as of July 1, 1971, and all other divisions, programs, and offices under the Arkansas Department of Environmental Quality as of June 30, 2019.
(c)
All other departments, divisions, agencies, and commissions within this state shall cooperate with the Division of Environmental Quality in fulfilling the Division of Environmental Quality's responsibilities as defined in this subchapter.
(d)
All personnel of the Division of Environmental Quality shall be employed by the Department of Energy and Environment and serve at the pleasure of the Secretary of the Department of Energy and Environment. This subsection does not reduce any right which an employee in the Division of Environmental Quality shall have under any civil service or merit system.
Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 6 - DEPARTMENT OF ENERGY AND ENVIRONMENT (§§ 25-43-601 — 25-43-605) › Section 25-43-605 - Director of the Division of Environmental Quality

(a)
(1)
The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality.
(2)
The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor.
(3)
The director shall report to the Secretary of the Department of Energy and Environment.
(b)
The director, with the advice and consent of the secretary, may organize the Division of Environmental Quality into divisions, offices, or units which may be necessary to effectively and efficiently administer the statutory responsibilities of the Division of Environmental Quality.
(c)
The director, with the advice and consent of the secretary, shall appoint the heads of the respective divisions, offices, or units of the Division of Environmental Quality.
(d)
Each division, office, or unit of the Division of Environmental Quality shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions, offices, or units of the Division of Environmental Quality as he or she shall deem desirable and necessary for the effective and efficient operation of the Division of Environmental Quality.
(e)
(1)
The director shall be the executive officer and active administrator of all pollution control activities.
(2)
All of the powers of the Arkansas Pollution Control and Ecology Commission under §
8-4-201(b)(5)
and §§
8-4-203
and
8-4-204
relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director.
Added by Act 2019, No. 910,§ 2411, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 7 - DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 25-43-701 — 25-43-703) › Section 25-43-701 - Department of Finance and Administration

There is created the Department of Finance and Administration as a cabinet-level department.
Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 7 - DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 25-43-701 — 25-43-703) › Section 25-43-702 - State entities transferred to Department of Finance and Administration

(a)
The administrative functions of the following state entities are transferred to the Department of Finance and Administration by a cabinet-level transfer:
(1)
The Alcoholic Beverage Control Board, created under §
3-2-201
;
(2)
The Alcoholic Beverage Control Division, created under §
25-8-101
;
(3)
The Assessment Coordination Department, created under §
25-28-101
, now to be known as the "Assessment Coordination Division";
(4)
The Arkansas Tobacco Control Board, created under §
26-57-255
;
(5)
Arkansas Tobacco Control, created under §
26-57-257
;
(6)
The Arkansas Racing Commission, created under §
23-110-201
;
(7)
The Department of Finance and Administration, created under §
25-8-101
;
(8)
The Medical Marijuana Commission, created under Arkansas Constitution, Amendment 98, § 19;
(9)
The Office of the Arkansas Lottery, created under §
23-115-201
;
(10)
The Office of Motor Vehicle, created under §
27-14-401
;
(11)
The Office of Driver Services, created under §
27-16-402
; and
(12)
The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, created under §
9-14-206
.
(b)
Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Finance and Administration under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Finance and Administration under subsection (a) of this section.
(c)
Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Finance and Administration under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Finance and Administration in the same manner as before the creation of the cabinet-level department.
Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 7 - DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 25-43-701 — 25-43-703) › Section 25-43-703 - Secretary of the Department of Finance and Administration

(a)
The executive head of the Department of Finance and Administration shall be the Secretary of the Department of Finance and Administration.
(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,§ 6, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 3265, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-801 - Department of Health

There is created the Department of Health as a cabinet-level department.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-803 - Secretary of the Department of Health

(a)
The executive head of the Department of Health shall be the Secretary of the Department of Health.
(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 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,§ 7, eff. 7/28/2021.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-804 - Director

(a)
The Secretary of the Department of Health may employ a Director of the Department of Health.
(b)
The secretary may delegate his or her functions, powers, and duties to the director or to other various units or personnel of the Department of Health as he or she shall deem desirable and necessary for the effective and efficient operation of the department.
(c)
(1)
All other personnel of the department shall be employed by and shall serve at the pleasure of the secretary.
(2)
However, this section does not reduce any right that an employee of the department has under any civil service or merit system.
(d)
Each unit of the department shall be under the direction, control, and supervision of the secretary.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-805 - Office of Oral Health

(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.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-806 - Arkansas Surgeon General

(a)
The Secretary of the Department of Health may employ the Arkansas Surgeon General.
(b)
If employed by the secretary, the Arkansas Surgeon General shall:
(1)
Be a graduate of a school of medicine recognized by the Arkansas State Medical Board;
(2)
Be licensed and in good standing with the board; and
(3)
Serve as an advisor to the secretary.
(c)
The Arkansas Surgeon General shall perform the duties required of him or her by the secretary, including without limitation:
(1)
Reviewing, assessing, and developing health policy options, including insurance coverage, health risk management, disease prevention, and health promotion strategies across state agencies;
(2)
Providing health policy advice for the secretary and senior state agency officials;
(3)
Raising awareness of healthcare and public health areas of priority for advancement of the health of the citizens of Arkansas;
(4)
Reviewing legislative analyses and proposed legislation and creating position statements for the Governor and senior state agency officials;
(5)
Advising the secretary, senior state agency officials, and governing boards and commissions on policy issues and program accomplishments; and
(6)
Providing medical review oversight and guidance to health and human services clinical programs upon the request of the secretary.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-807 - Patient care providers - Wages - Required withholding - Fringe benefits

(a)
The Department of Health may pay wages and required state withholding, federal withholding, required matching, and other fringe benefits for patient care part-time intermittent contractual personnel who must be employed in order to provide services in the home.
(b)
These payments will be made from the appropriation for professional fees and services.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-808 - Additional compensation - County health unit administrators

(a)
Any employee serving in the capacity of county health unit administrator shall be eligible for up to ten percent (10%) of additional compensation within the grade during the period of time in which the employee occupies the position.
(b)
Employees on the highest level of their grade shall be eligible for additional compensation in an amount not to exceed five and five-tenths percent (5.5%) of their current salary upon assuming responsibility, and this amount shall not be construed as exceeding the line item maximum for the grade for that position.
(c)
(1)
The Department of Health shall certify to the Chief Fiscal Officer of the State the assignment of duties of each employee in this position, the length of the assignment, and the location and reason for the assignment.
(2)
The Chief Fiscal Officer of the State shall approve the request prior to the awarding of additional compensation.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 8 - DEPARTMENT OF HEALTH (§§ 25-43-801 — 25-43-813) › Section 25-43-809 - Office of Health Information Technology - Creation - Purpose - Policy

(a)
The Office of Health Information Technology is created within the Department of Health.
(b)
The coordination of health information technology activities throughout Arkansas by the office is necessary to obtain the maximum potential value from the investment of federal and state resources to increase the use of health information technology.
(c)
The exchange of health information made possible by the State Health Alliance for Records Exchange can improve the quality of health of Arkansas citizens by reducing the potential for medical errors, reducing the incidence of redundant tests and procedures, improving patient safety, and making the delivery of healthcare services more efficient and affordable.
(d)
The office and the State Health Alliance for Records Exchange shall respect and safeguard each person's privacy interests in his or her health and medical information.
(e)
The office is authorized to transfer the State Health Alliance for Records Exchange to a nonprofit corporation.
Added by Act 2019, No. 910,§ 4828, eff. 7/1/2019.