reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-107 - Office of Hazardous Materials Emergency Management Revolving Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund account to be known as the "Office of Hazardous Materials Emergency Management Revolving Fund".
(b)
All moneys collected under this subchapter shall be deposited to the credit of that fund as special revenues and shall be used by the State Office of Hazardous Materials Emergency Management to operate the office and enforce this chapter.
Acts 1995, No. 634, § 6.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 85 - DISASTER SERVICE VOLUNTEER LEAVE ACT (§§ 12-85-101 — 12-85-103) › Section 12-85-101 - Definitions

As used in this chapter:
(1)
"Certified disaster service volunteer" means a person who has completed the necessary training for being and has been certified as a disaster service technician, specialist, coordinator, or officer by the American Red Cross;
(2)
"Disaster" means a natural or technological event as defined in §
12-75-103(2)
in which victims cannot recover without assistance when such disaster is designated at Level II or above in the American National Red Cross Regulations and Procedures;
(3)
"Specialized disaster relief" means one (1) or more of the following American Red Cross service categories in which a certified disaster service volunteer is trained:
(A)
Shelter management;
(B)
Mass feeding;
(C)
Family services;
(D)
Health services;
(E)
Public assistance inquiries;
(F)
Damage assessment;
(G)
A support function for services provided under subdivisions (3)(A)-(F) of this section; and
(H)
Any other service performed for the American Red Cross for which training is required; and
(4)
(A)
"State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly.
(B)
The term does not include state-supported institutions of higher learning or any county, municipality, school district, or other political subdivision of the State of Arkansas.
Acts 1997, No. 268, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 85 - DISASTER SERVICE VOLUNTEER LEAVE ACT (§§ 12-85-101 — 12-85-103) › Section 12-85-102 - Terms of leave

(a)
An employee of a state agency or an employee of a state-supported institution of higher learning may be granted leave from work with pay for not more than fifteen (15) working days in any calendar year to participate in specialized disaster relief, without loss of seniority, pay, annual leave, sick leave, compensatory time, offset time, or overtime wages if the employee:
(1)
Is trained and certified as a disaster service volunteer by the American Red Cross;
(2)
Has specialized disaster relief services that are requested by the American Red Cross in connection with a disaster; and
(3)
Obtains consent from the chief executive officer of his or her state agency or state-supported institution of higher learning.
(b)
The state agency or state-supported institution of higher learning shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work.
(c)
Leave under this subchapter shall be granted only for disaster relief services occurring within the State of Arkansas or for disaster relief services occurring within states contiguous to the State of Arkansas.
(d)
An employee deemed to be on leave under this chapter shall not be deemed to be an employee of the state or of a state-supported institution of higher learning for purposes of workers' compensation.
Acts 1997, No. 268, § 2; 1999, No. 383, § 1; 1999, No. 489, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 85 - DISASTER SERVICE VOLUNTEER LEAVE ACT (§§ 12-85-101 — 12-85-103) › Section 12-85-103 - Limitation on certified volunteers - Lists, reports, guidelines, etc

(a)
(1)
Notwithstanding the provisions of §
12-85-102
, the number of state employees and employees of state-supported institutions of higher learning certified as disaster service volunteers shall not exceed one hundred (100) participants at any one (1) time.
(2)
A list of such employees shall be maintained by the American Red Cross, with pertinent information provided to the state employer or state-supported institution of higher learning of each disaster service volunteer.
(b)
Within sixty (60) days of any request made by the American Red Cross, a report shall be prepared by the American Red Cross and submitted to the Department of Finance and Administration stating the reasons and needs for any request made.
(c)
The American Red Cross and the respective agencies with employees participating in the disaster service volunteer program shall promulgate necessary guidelines and directives to implement this chapter.
Acts 1997, No. 268, § 3; 1999, No. 383, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 86 - EMERGENCY PREPAREDNESS (§§ 12-86-201 — 12-86-204) › Subchapter 2 - EMERGENCY PREPAREDNESS FOR CHILD CARE FACILITIES ACT (§§ 12-86-201 — 12-86-204) › Section 12-86-201 - Title

This subchapter shall be known and may be cited as the "Emergency Preparedness for Child Care Facilities Act".
Acts 2007, No. 816, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 86 - EMERGENCY PREPAREDNESS (§§ 12-86-201 — 12-86-204) › Subchapter 2 - EMERGENCY PREPAREDNESS FOR CHILD CARE FACILITIES ACT (§§ 12-86-201 — 12-86-204) › Section 12-86-202 - Legislative intent

The General Assembly finds that:
(1)
Early care and education facilities at which children from birth to four (4) years of age and school-age children may spend part or all of their days may not be known to emergency preparedness agencies and thus may be overlooked in first response activities and in recovery planning following major disasters;
(2)
The health and social-emotional, cognitive, and physical development of young children may be compromised by severe traumatic experiences;
(3)
Teachers and caregivers of young children will improve the children's health and well being by being prepared for orderly evacuations and rapid reunification of young children with their parents during emergencies;
(4)
Child care facilities are crucial to the economic redevelopment of communities following major disasters; and
(5)
State child care and emergency management agencies should take steps to share data and coordinate planning, response, and recovery of child care facilities during and after major disasters.
Acts 2007, No. 816, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 86 - EMERGENCY PREPAREDNESS (§§ 12-86-201 — 12-86-204) › Subchapter 2 - EMERGENCY PREPAREDNESS FOR CHILD CARE FACILITIES ACT (§§ 12-86-201 — 12-86-204) › Section 12-86-203 - Division of Child Care and Early Childhood Education policies

The Director of the Division of Child Care and Early Childhood Education of the Department of Human Services shall coordinate efforts with other state agencies and appropriate organizations to:
(1)
(A)
Share with the Arkansas Department of Emergency Management on a quarterly basis an integrated list of all licensed child care facilities and all known license-exempt child care facilities, including without limitation physical addresses, maximum capacity, emergency contact information, and hours of operation.
(B)
The integrated list is to be sorted by county;
(2)
Include early childhood emergency preparedness courses and workshops that address specific risk factors and evacuation procedures in particular geographic areas among approved courses and workshops for meeting requirements for in-service training for licensed child care providers in those geographic areas;
(3)
Incorporate specific indicators of emergency preparedness linked to specific disaster risk factors in licensed child care providers' geographic areas into each level of any quality ratings above minimum licensing standards; and
(4)
(A)
Require a child care facility to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care facility.
(B)
Require the plan to include without limitation:
(i)
A designated relocation site and evacuation route;
(ii)
Procedures for notifying parents of the relocation and ensuring family reunification;
(iii)
Procedures to address the needs of individual children, including children with special needs;
(iv)
Instructions relating to the training of staff or the reassignment of staff duties, as appropriate;
(v)
Coordination with local emergency management officials; and
(vi)
A program to ensure that appropriate staff are familiar with the plan's components.
Acts 2007, No. 816, § 3; 2009, No. 165, § 60; 2009, No. 801, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 86 - EMERGENCY PREPAREDNESS (§§ 12-86-201 — 12-86-204) › Subchapter 2 - EMERGENCY PREPAREDNESS FOR CHILD CARE FACILITIES ACT (§§ 12-86-201 — 12-86-204) › Section 12-86-204 - Division of Emergency Management policies

The Director of the Division of Emergency Management shall coordinate efforts with other state agencies and appropriate organizations to:
(1)
Disseminate county-level lists of all licensed childcare facilities and all known license-exempt childcare facilities, including without limitation physical address, maximum capacity, hours of operation, and emergency contact information, to county governments for use in search and rescue during emergencies and disasters;
(2)
Share a periodically updated statewide list of designated emergency shelters, both local shelters and mass evacuation shelters, with the Division of Child Care and Early Childhood Education, state child care subsidy program, and state child and adult nutrition program when the list is available; and
(3)
Include all licensed childcare facilities and all known license-exempt childcare facilities where critical facilities such as schools, hospitals, and nursing homes are mentioned in the state response plan, emergency preparedness exercises, or other guiding documents and activities.
Amended by Act 2019, No. 910,§ 5918, eff. 7/1/2019.
Acts 2007, No. 816, § 4; 2009, No. 165, § 61.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-101 - Title

This chapter may be cited as the "Uniform Emergency Volunteer Health Practitioners Act".
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-103 - Applicability to volunteer health practitioners

This chapter applies to volunteer health practitioners registered with a registration system that complies with §
12-87-105
and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-104 - Regulation of services during emergency

(a)
While an emergency declaration is in effect, the Department of Health may limit, restrict, or otherwise regulate:
(1)
the duration of practice by volunteer health practitioners;
(2)
the geographical areas in which volunteer health practitioners may practice;
(3)
the types of volunteer health practitioners who may practice; and
(4)
any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(b)
An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1)
consult and coordinate its activities with the Department of Health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2)
comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including the Emergency Medical Services Revolving Fund Act, §
20-13-101
et seq.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-105 - Volunteer health practitioner registration systems

(a)
To qualify as a volunteer health practitioner registration system, a system must:
(1)
accept applications for the registration of volunteer health practitioners before or during an emergency;
(2)
include information about the licensure and good standing of health practitioners which is accessible by authorized persons;
(3)
be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and
(4)
(A)
be designated by the Arkansas Department of Emergency Management as a registration system for purposes of this chapter.
(B)
The Arkansas Department of Emergency Management may consider and may approve a request for the designation of a registration system submitted by a disaster relief organization, licensing board, national or regional association of licensing boards or healthcare practitioners, health facility that provides comprehensive inpatient and outpatient healthcare services, or host entity, and may on its own initiative approve registration systems established by this state or other states funded through the United States Department of Health and Human Services under Section 3197 of the Public Health Services Act,
42 U.S.C. § 247d
, or by medical reserve corps units formed under Section 2801 of the Public Health Services Act,
42 U.S.C. § 300hh
.
(b)
While an emergency declaration is in effect, the Arkansas Department of Emergency Management, a person authorized to act on behalf of the Arkansas Department of Emergency Management, or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c)
Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d)
A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-106 - Recognition of volunteer health practitioners licensed in other states

(a)
While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with §
12-87-105
and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this chapter as if the practitioner were licensed in this state.
(b)
A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-107 - No effect on credentialing and privileging

(a)
In this section:
(1)
"Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.
(2)
"Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
(b)
This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-109 - Relation to other laws

(a)
This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection (b), this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.
(b)
The Arkansas Department of Emergency Management, pursuant to the Emergency Management Assistance Compact and the Interstate Civil Defense and Disaster Compact, §
12-76-101
et seq., may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-110 - Regulatory authority

The Arkansas Department of Emergency Management may promulgate rules to implement this chapter. In doing so, the Arkansas Department of Emergency Management shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact, and the Interstate Civil Defense and Disaster Compact, §
12-76-101
et seq. and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-111 - Limitations on civil liability for volunteer health practitioners

(a)
Subject to subsection (b), a volunteer health practitioner who receives compensation of five hundred dollars ($500) or less per year for providing health or veterinary services pursuant to this chapter is not liable for damages for an act or omission of the practitioner in providing those services. Reimbursement of, or allowance for, reasonable expenses, or continuation of salary or other remuneration while on leave, is not compensation under this subsection.
(b)
This section does not limit the liability of a volunteer health practitioner for:
(1)
willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;
(2)
an intentional tort;
(3)
breach of contract;
(4)
a claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or
(5)
an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle.
(c)
A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-113 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 87 - UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT (§§ 12-87-101 — 12-87-115) › Section 12-87-115 - Effective date

This chapter takes effect October 1, 2009.
Acts 2009, No. 432, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-101 - Title

This chapter shall be known and may be cited as the "Business Rapid Response to State Disasters Facilitation Act".
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-102 - Legislative findings

The General Assembly finds that:
(1)
During times of storm, flood, fire, earthquake, hurricane, and other disasters or emergencies, many businesses bring resources and personnel from other states into Arkansas on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring, and repairing damaged buildings, equipment, and property and building replacement facilities in the state;
(2)
These disaster-response activities may require out-of-state businesses, including out-of-state affiliates of businesses based in the state, to bring in resources, property, and personnel that previously have had no connection to the state to perform activities in the state, including without limitation repairing, renovating, installing, and building facilities and rendering services and other business activities for which personnel may be located in the state for extended periods of time;
(3)
During the temporary period of time out-of-state businesses are operating in the state solely for the purpose of helping the state recover from a disaster or emergency, these out-of-state businesses and the individual employees of the out-of-state businesses should not be burdened by regulatory requirements and taxes that would normally apply to the activities that the out-of-state businesses and their employees are conducting in the state;
(4)
The state's nexus and residency thresholds are intended for businesses and individuals in the state as part of the conduct of regular business operations and those who intend to reside in the state, and these thresholds should not be directed at out-of-state businesses and individuals coming into the state on a temporary basis to provide help and assistance in response to a declared state disaster or emergency; and
(5)
To ensure that out-of-state businesses may focus on providing a quick response to the needs of the state and its citizens during a declared state disaster or emergency, it is appropriate for the General Assembly to determine that certain activities performed for a reasonable time before, during, and after a state disaster or emergency is declared to repair the often devastating damage to critical infrastructure in the state should not establish presence, residency, or doing business in the state or any other criteria for purposes of state and local taxes, licensing, and regulatory requirements.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-104 - Exemptions from certain taxes and regulatory requirements

(a)
(1)
An out-of-state business that conducts operations within the state for the purpose of performing work or services related to a declared state disaster or emergency during a disaster response period is exempt from:
(A)
Registering, filing, and remitting state or local taxes; and
(B)
Complying with state licensing, certification, and registration requirements.
(2)
The exemptions provided in subdivision (a)(1) of this section apply to state and local business and occupational licensing and registration requirements and state and local taxes or fees, including without limitation:
(A)
Unemployment insurance contributions;
(B)
State and local occupational licensing fees and privilege taxes;
(C)
State and local income taxes;
(D)
State and local sales and use taxes on property temporarily brought into the state for use during the disaster response period and subsequently removed from the state; and
(E)
State licensing, certification, and registration requirements.
(3)
(A)
For purposes of a state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state under this chapter is exempt from filing requirements for the state or local tax, including without limitation any filing required for a unitary or combined group of which the out-of-state business may be a part.
(B)
For the purpose of apportioning income, revenue, or receipts, the performance by an out-of-state business of disaster-related or emergency-related work under this chapter shall not be sourced to or otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.
(b)
During a disaster response period, an out-of-state employee is not:
(1)
Required to file or pay Arkansas income taxes;
(2)
Subject to Arkansas income tax withholdings; or
(3)
Required to file or pay any other state or local tax or fee, including related state or local employer withholding and remittance obligations but not including transaction taxes or fees described in §
12-88-105
.
(c)
However, out-of-state businesses and out-of-state employees are subject to any applicable ad valorem taxes.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-105 - Application of transaction taxes and fees

An out-of-state business and an out-of-state employee shall pay state and local transaction taxes and fees, including without limitation:
(1)
Motor fuel taxes;
(2)
Distillate special fuel taxes;
(3)
Sales and use taxes on materials and services consumed or used in the state;
(4)
Hotel taxes;
(5)
Car rental taxes and fees; and
(6)
Any other tax or fee that applies to goods or services that the out-of-state business or out-of-state employee purchases for use or consumption in this state during the disaster response period, unless the tax or fee is otherwise exempt during the disaster response period.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-106 - Business or employee activity after disaster response period

The exemptions provided under this chapter do not apply to an out-of-state business or out-of-state employee that remains in the state after a disaster response period with respect to activities conducted in this state after the disaster response period.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-107 - Notification required

(a)
(1)
An out-of-state business that enters the state, upon request, shall provide to the Arkansas Department of Emergency Management a statement that the out-of-state business is in the state for the purpose of responding to a disaster or emergency.
(2)
The statement required under subdivision (a)(1) of this section shall include the out-of-state business's:
(A)
Name;
(B)
State of domicile;
(C)
Principal business address;
(D)
Federal tax identification number;
(E)
Date of entry into the state; and
(F)
Contact information.
(b)
(1)
Upon request by the department, a registered business shall provide the information required in subsection (a) of this section for an affiliate that is an out-of-state business.
(2)
In addition to the information required under subsection (a) of this section, the notification provided under subdivision (b)(1) of this section shall include the contact information for the registered business.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-108 - Supplemental

This chapter is supplemental to the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., and any other law applicable to businesses and individuals acting as emergency responders.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 88 - BUSINESS RAPID RESPONSE TO STATE DISASTERS FACILITATION ACT (§§ 12-88-101 — 12-88-109) › Section 12-88-109 - Administration - Rules

The Arkansas Department of Emergency Management shall:
(1)
(A)
Promulgate rules necessary to administer and implement this chapter.
(B)
The Arkansas Department of Emergency Management shall consult with the Department of Finance and Administration in promulgating rules relating to the application of and exemption from state and local taxes to out-of-state businesses and out-of-state employees under this chapter;
(2)
Develop and issue forms and procedures to facilitate the implementation of this chapter; and
(3)
Maintain a public record of any designations of disasters or emergencies in the state.
Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-101 - [Repealed]

Repealed by Act 2013, No. 1347,§ 1, eff. 8/16/2013.
Acts 1987, No. 555, §§ 1, 2; 2005, No. 1994, § 80.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-102 - Multijurisdictional system agreements

All county public libraries created under the authority of §
13-2-401
et seq. and all city public libraries created under the authority of §
13-2-501
et seq. which have entered into interlocal cooperation agreements or any other formal or informal or contractual arrangements to form a joint city-county library, a regional library or library system, or any other form of multiple-jurisdiction library system which are not in written format shall within one (1) year formalize and renew in writing all such agreements and contractual arrangements among the libraries.
Acts 1997, No. 402, § 14.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-103 - Library computer use - Policy - Signed agreement form required

(a)
The board of directors of each library operated as an entity of the state or any city, county, or other political subdivision of the state with one (1) or more public access computers shall develop, adopt, and implement a written policy that:
(1)
Establishes and maintains a system to prevent a minor from gaining computer access to materials harmful to minors as defined in §
5-68-501
;
(2)
Provides for:
(A)
Suspending the privilege of a minor to use the public access computers if the minor violates the policy; and
(B)
Revoking such a privilege for a repeat offender; and
(3)
Requires each user to sign a computer-use agreement form outlining proper and improper use of public access computers prior to the user's being allowed to access the computer equipment.
(b)
For purposes of this section, "public access computer" means a computer that is:
(1)
Located in a public school or public library;
(2)
Accessible by a minor; and
(3)
Connected to any computer communication system such as, but not limited to, what is commonly known as the Internet.
(c)
Copies of the standards and rules for the enforcement of this section shall be submitted to the Arkansas State Library.
Acts 2001, No. 912, § 2; 2003, No. 1473, § 28.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-105 - Debit card and credit card payments

(a)
A library operated as an entity of the state, a county, or a municipality may accept a legal payment for fines, charges, donations, or purchases and any associated costs through a debit card or credit card in accordance with applicable state and federal law.
(b)
(1)
A library may enter into a contract with a debit card or credit card company and pay any fees normally charged by the debit card or credit card company for allowing the library to accept the debit card or credit card as payment subject to the provisions of subsection (a) of this section.
(2)
When a payment is made through a debit card or credit card, the library shall assess a transaction fee equal to the amount charged to the library by the debit card company or credit card company, which may be added to the payment amount.
Added by Act 2021, No. 380,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-107 - Imagination Library of Arkansas Program

(a)
There is created the Imagination Library of Arkansas Program.
(b)
The Imagination Library of Arkansas Program shall promote the development of a comprehensive statewide initiative for encouraging preschool children to develop a love of reading and learning.
(c)
(1)
(A)
The Imagination Library of Arkansas Program Fund shall be used to provide, through Dolly Parton's Imagination Library, one (1) age-appropriate book to each registered child from birth to five (5) years of age in each participating county.
(B)
The Imagination Library of Arkansas Program shall contribute a fifty percent (50%) match of the funds, if available, required of local programs participating in Dolly Parton's Imagination Library.
(2)
A book shall be sent monthly to the home of each registered child from birth to five (5) years of age in each participating county at no cost to the family of a registered child.
(d)
The Department of Education shall partner with a nonprofit entity organized solely to promote and encourage reading in early childhood for the children of Arkansas, including without limitation the Arkansas Imagination Library, to administer the Imagination Library of Arkansas Program, which shall include without limitation the following:
(1)
Promoting the statewide development of county-level Dolly Parton's Imagination Library programs;
(2)
Advancing and strengthening local Dolly Parton's Imagination Library programs with the goal of increasing family enrollment in those programs;
(3)
Recruiting volunteers to assist in the development, promotion, and coordination of the Imagination Library of Arkansas Program;
(4)
Soliciting donations, gifts, and other funding to financially support the local Dolly Parton's Imagination Library programs;
(5)
Developing community engagement;
(6)
Administering the Imagination Library of Arkansas Program's and local programs' dollar matching requirements;
(7)
Coordinating the collection and remittance of local program costs for books and mailing; and
(8)
Developing statewide marketing and communication plans.
Added by Act 2023, No. 640,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-201 - State and local publications defined - Exemptions

(a)
As used in this subchapter, the terms "state publication" and "local publication" shall include any document issued or printed by any state agency or local government which may be released for distribution, but these terms do not include:
(1)
The bound volumes of the printed acts of each of the sessions of the General Assembly;
(2)
The bound volumes of the Arkansas Supreme Court Reports;
(3)
Printed copies of the Arkansas Statutes of 1947 Annotated or pocket part supplements thereto;
(4)
Any other printed document which may be obtained from the office of the Secretary of State upon the payment of a charge or fee therefor;
(5)
Correspondence and intraoffice or interoffice or agency communications or documents which are not of vital interest to the public;
(6)
(A)
Publications of state or local agencies intended or designed to be of limited distribution to meet the requirements of educational, cultural, scientific, professional, or similar use of a limited or restricted purpose and which are not designed for general distribution.
(B)
Similarly, other publications or printed documents which are prepared to meet the limited distribution requirements of a governmental grant or use which are not intended for general distribution shall also be deemed exempt from the provisions of this subchapter unless funds have been provided for printing of a quantity of such publications sufficient for distribution.
(b)
A depository copy of each document noted in subdivisions (a)(1), (2), (3), and (6) shall be made available to the Arkansas State Library.
Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-202 - Effect of subchapter

(a)
(1)
Nothing in this subchapter shall repeal, alter, or change the duties and responsibilities of the Secretary of State to maintain a library of official books, records, and documents under the provisions of §
13-2-301
et seq. and other laws of this state which impose specific duties upon the Secretary of State.
(2)
The library maintained by the Secretary of State under the provisions of §
13-2-301
et seq. shall be designated as the Library of the Secretary of State, and the Secretary of State shall be librarian thereof.
(b)
Nothing in this subchapter shall repeal, alter, or change the powers, duties, and responsibilities of the Arkansas State Archives as defined by law.
Amended by Act 2016EX3, No. 3,§ 97, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 97, eff. 7/1/2016.
Acts 1979, No. 489, § 10; A.S.A. 1947, § 6-307n.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-203 - Arkansas State Library created

(a)
There is created and established within the Department of Education a division to be known as the Arkansas State Library.
(b)
The library shall function within the Department of Education in the same manner as provided by agencies transferred pursuant to a cabinet-level transfer under §
25-43-105
and which shall be adequately funded and properly housed in a designated building at the seat of state government.
Amended by Act 2019, No. 910,§ 2231, eff. 7/1/2019.
Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-204 - State Librarian

(a)
The Arkansas State Library shall be headed by the State Librarian, to be appointed by the State Library Board, in consultation with the Secretary of the Department of Education. The State Librarian shall serve for such time and for such terms as the board may prescribe.
(b)
The State Librarian shall be a person of good professional standing and reputation, holding at least a master's degree from a graduate school of library science accredited by the American Library Association, and shall have had experience in library administration in academic, public, school, or special libraries.
(c)
The State Librarian shall have charge of the work of the library and shall perform such other duties as the board may prescribe.
Amended by Act 2019, No. 910,§ 2232, eff. 7/1/2019.
Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-205 - State Library Board

(a)
There is created the State Library Board.
(b)
(1)
The board shall consist of seven (7) members, to be appointed by the Governor subject to confirmation by the Senate.
(2)
The members of the board shall be appointed by the Governor for reasons of their interest in libraries and in statewide library development.
(3)
(A)
One (1) member of the board shall be appointed from each of the four (4) congressional districts of this state in existence at the time of appointment, and three (3) members shall be selected from the state at large.
(B)
However, no more than two (2) members of the board shall be appointed from any one (1) congressional district.
(4)
(A)
All members appointed to the board shall serve terms of seven (7) years and until their successors are appointed and qualified.
(B)
No board member shall be appointed to serve for more than two (2) consecutive full terms.
(c)
Vacancies occurring on the board due to death, resignation, or other reason shall be filled by appointment of the Governor for the remainder of the unexpired portion of the term in the same manner as for the initial appointment.
(d)
(1)
Members of the board shall receive per diem at the rate established by law for attending board meetings or for performing other services required of members in their official capacity as members of the board.
(2)
In addition, members shall be entitled to mileage at the rate provided by law for official travel of state employees for each mile in traveling from their place of residence to meetings of the board and returning or for attending to other authorized business of the board.
Amended by Act 2017, No. 540,§ 12, eff. 8/1/2017.
Acts 1979, No. 489, § 2; A.S.A. 1947, § 6-301; Acts 1997, No. 250, § 73; 1997, No. 1152, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 2 - ARKANSAS STATE LIBRARY (§§ 13-2-201 — 13-2-214) › Section 13-2-206 - Meetings of board

(a)
The State Library Board shall meet at such place or places and shall keep such records as it may deem appropriate.
(b)
The board shall select annually a chair and any other officers as it deems necessary.
(c)
The board shall adopt policies and bylaws governing its meetings, the conduct of its business, and the business of the Arkansas State Library.
(d)
The State Librarian shall serve as secretary of the board, but without a vote thereon, and shall attend all of the board meetings and keep records thereof.
(e)
A majority of the board's members shall constitute a quorum for the transaction of business, and all business transacted by the board shall be by majority vote of its members.
Amended by Act 2019, No. 910,§ 2233, eff. 7/1/2019.
Acts 1979, No. 489, §§ 1, 3; A.S.A. 1947, §§ 6-301, 6-302.