reglab/statecodes huggingface dataset:
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 7 - CONFIDENTIALITY OF PATRONS' RECORDS (§§ 13-2-701 — 13-2-706) › Section 13-2-704 - Disclosure permitted

(a)
A library may disclose personally identifiable information concerning any patron to:
(1)
The patron;
(2)
Any person with the informed, written consent of the patron;
(3)
A law enforcement agency or civil court, under a search warrant; or
(4)
Any person, including without limitation the patron, who has received an automated telephone notification or other electronic communication for overdue materials or reserve materials if the person making the request can verify the telephone number or email address to which the notice was sent.
(b)
A library may disclose confidential library records to:
(1)
The patron; and
(2)
The parent or legal guardian of a patron who is younger than eighteen (18) years of age.
Amended by Act 2023, No. 372,§ 6, eff. 8/1/2023.
Acts 1989, No. 903, § 2; 2003, No. 677, § 1; 2009, No. 757, § 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 7 - CONFIDENTIALITY OF PATRONS' RECORDS (§§ 13-2-701 — 13-2-706) › Section 13-2-705 - Construction - Statistics

(a)
No provision of this subchapter shall be construed to prohibit any library or any business operating jointly with a library from disclosing information for the purpose of:
(1)
Collecting overdue books, documents, films, or other items or materials owned or otherwise belonging to the library;
(2)
Collecting fines on overdue books, documents, films, or other items or materials; and
(3)
Contacting its patrons by telephone, mail service, or other medium for the purpose of notifying, informing, and educating patrons or otherwise promoting the legitimate programs, policies, and other interests of the library.
(b)
Aggregate statistics shown from registration and circulation records with all personal identification removed may be released or used by a library or library system for research or planning purposes.
Acts 1989, No. 903, § 2; 1995, No. 612, § 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 7 - CONFIDENTIALITY OF PATRONS' RECORDS (§§ 13-2-701 — 13-2-706) › Section 13-2-706 - Use of information in evidence

Personally identifiable information obtained in any manner other than as provided in this subchapter shall not be received in evidence in any trial, hearing, arbitration, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or political subdivision of the state.
Acts 1989, No. 903, § 2.
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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-801 - Short title

This subchapter shall be known and may be cited as the "Arkansas Library Materials Security Law".
Acts 1995, No. 906, § 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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-802 - Definitions

For the purposes of this subchapter:
(1)
"Library materials" means books, manuscripts, letters, newspapers, court records, films, microfilms, tape recordings, phonograph records, lithographs, prints, photographs, or any other written or printed documents, graphic material of any nature, and other personal property which is the property or in the custody of or entrusted to a public or private library, museum, archive, or other depository;
(2)
"Mutilate" means, in addition to its commonly accepted definition, the willful removal or separation of constituent parts of an item of library materials, causing library materials to be exposed to damage; and
(3)
"Without authorization" means contrary to rules which set forth policies governing access to library materials and include eligibility for library patronage and lending procedures.
Acts 1995, No. 906, § 2.
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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-803 - Unauthorized removal or willful mutilation of library materials

(a)
(1)
It shall be unlawful for any person to remove library materials without authorization from the premises wherein such materials are maintained or to retain possession of library materials without authorization.
(2)
It shall be unlawful for any person to willfully mutilate library materials.
(b)
(1)
A violation of this section is a Class B felony if the value of the property is two thousand five hundred dollars ($2,500) or more.
(2)
A violation of this section is a Class C felony if the value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500).
(3)
A violation of this section is a Class A misdemeanor if the value of the property is five hundred dollars ($500) or less.
(c)
However, before a charge of retaining possession of library materials without authorization shall be filed against any person, the library shall send written notice by ordinary mail addressed to the last known address of the person who checked out or otherwise removed the books or materials from the library, notifying the person that:
(1)
If the books or materials are not returned to the library within thirty (30) days from the date of the notice, charges will be filed against the person under the provisions of this section; and
(2)
Upon conviction, the person may be fined in an amount as provided in this section.
Acts 1995, No. 906, § 3.
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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-804 - Applicability

This subchapter shall apply to all libraries, museums, archives, and other depositories operated by an agency, board, commission, department, or officer of the State of Arkansas, by private persons, societies, or organizations, or by agencies or officers of municipalities, counties, schools, and institutions of higher learning, or of any other political subdivisions of the State of Arkansas.
Acts 1995, No. 906, § 4.
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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-805 - Reasonable detention and questioning to determine whether offense was committed

(a)
If a person employed by a library or a person charged with the supervision thereof has reason to believe that a person has committed or has attempted to commit any offense under this subchapter or that the person has concealed any library material upon his or her person or within his or her belongings, then the person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not an offense has been committed.
(b)
The detention and questioning shall not render the employee civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention, or otherwise, if the library employee or person charged with the supervision of the library acts in good faith and in a reasonable manner.
(c)
For the purpose of ascertaining whether or not an offense has been committed, libraries, museums, archives, and other depositories may establish policies that require persons entering and exiting the premises wherein library materials are maintained to open and disclose the contents of any bags, purses, briefcases, and other containers which are being carried by or are in the possession of the persons.
Acts 1995, No. 906, § 6; 1997, No. 358, § 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 8 - ARKANSAS LIBRARY MATERIALS SECURITY LAW (§§ 13-2-801 — 13-2-806) › Section 13-2-806 - Relation with other criminal or civil proceedings

(a)
The provisions of this subchapter are supplemental to other criminal statutes.
(b)
An acquittal or conviction obtained under this subchapter shall not be a bar to civil proceedings or actions arising from the same incident.
Acts 1995, No. 906, § 5.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-901 - Title

This subchapter may be referred to and cited as the "Regional Library System Law".
Acts 1997, No. 402, § 13.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-902 - Purpose

(a)
In order to better coordinate the services of libraries and library systems in different counties, as is permitted under both Arkansas Constitution, Amendment 30, and Arkansas Constitution, Amendment 38, when city and county public libraries are formed in the various counties of the State of Arkansas and taxes are levied in those cities and counties for the purpose of maintaining and operating a public library or library system or when counties, cities, or towns form public libraries or provide library services for their citizens without levying specific taxes, the city and county public libraries may organize themselves into regional library systems in accordance with this subchapter.
(b)
(1)
The provisions of this subchapter for creating a regional library system in Arkansas shall be supplemental to and in addition to the present laws relating to the powers of counties and municipalities to contract for services and to enter into interlocal cooperation agreements under the Interlocal Cooperation Act, §
25-20-101
et seq.
(2)
This subchapter shall not be construed to prohibit a county or municipality from joining with other counties or cities to create other regional or multijurisdictional arrangements to provide library services for their citizens.
Acts 1997, No. 402, § 13.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-903 - Creation of a regional library system

(a)
Any two (2) or more municipalities, any two (2) or more counties, or any one (1) or more municipalities together with any one (1) or more counties are authorized to create and become members of a regional library system as prescribed in this subchapter.
(b)
Upon the recommendation by the city library board of trustees or the county library board, the governing body of each municipality and county desiring to create and become a member of a system may by ordinance determine that it is in the best interest of the municipality or county in accomplishing the purposes of this subchapter to create and become a member of a system to better coordinate the services of libraries of different cities and counties as is permitted under Arkansas Constitution, Amendment 30, § 4, and Arkansas Constitution, Amendment 38, § 4, or as is otherwise permitted under interlocal cooperation agreements.
(c)
The ordinance shall:
(1)
Specify the desire that a system be created as a public body and a body corporate and politic under this subchapter;
(2)
Set forth the names of the municipalities or counties, or both, which are proposed to be initial members of the system;
(3)
Set forth the name which is proposed for the system;
(4)
Specify the powers to be granted to the system and its board of trustees and any limitations on the excercise of the powers granted, including limitations on the system's area of operations and the use of system funds and facilities;
(5)
Specify the number of trustees on the board, the length of terms, and the voting rights of each trustee;
(6)
Establish the proportion of financial assistance and support to be apportioned among the participating jurisdictions in the system; and
(7)
Set forth the terms and conditions for the withdrawal from the system and the division of any system funds or property.
(d)
(1)
The ordinance shall be signed by the mayor of each municipality and the county judge of each county, attested by the respective clerks, and sent to the Secretary of State and to the Arkansas State Library. The Secretary of State shall receive and file it and shall record it in an appropriate book of record in his or her office.
(2)
When the ordinance has been made, filed, and recorded as provided in this subchapter, the system shall constitute a public body and a body corporate and politic under the name proposed in the ordinance.
(e)
(1)
Any ordinance filed with the Secretary of State pursuant to the provisions of this section may be amended from time to time, and any other municipality or county may become a new member in the system with the consent of the members of the system evidenced by ordinances of their governing bodies.
(2)
The amendment shall be signed and filed with the Secretary of State and the Arkansas State Library in the manner provided in this section.
Acts 1997, No. 402, § 13.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-904 - Board of trustees

(a)
(1)
(A)
The management and control of a regional library system shall be vested in a board of trustees, who shall be appointed by the county or municipal library boards from among the membership of the county or municipal library boards.
(B)
In the absence of the county or municipal library board, the governing body of the county or municipality shall appoint the trustees to the regional library board.
(2)
The number of trustees shall be agreed upon by the governing bodies of the municipality or municipalities and with the county quorum courts which have agreed with each other or among themselves to create, maintain, and support the system.
(b)
Each trustee shall be a resident and qualified elector of the municipality or county represented on the regional library board.
(c)
(1)
Vacancies on the regional library board shall be filled in the same manner in which members of the regional library board were first appointed.
(2)
Any trustee who shall not attend three (3) consecutive meetings of the regional library board without reasonable explanation shall be subject to removal by the municipal or county body which is the appointing authority.
(d)
(1)
A trustee shall not receive salary or other compensation for his or her service.
(2)
However, a trustee may be reimbursed for necessary travel and mileage expenses if reimbursements are adopted as a policy by the regional library board.
Acts 1997, No. 402, § 13.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-906 - Annual reports

At the end of each calendar year, the board of trustees of every regional library system shall make a report to the governing body in the county or counties or municipality or municipalities wherein the board serves, showing the condition of the system during the year and other statistics and information as the board deems of public interest.
Acts 1997, No. 402, § 13.
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 9 - REGIONAL LIBRARY SYSTEM LAW (§§ 13-2-901 — 13-2-907) › Section 13-2-907 - Contracts for library services and with other libraries

(a)
Regional library systems are authorized to contract with other regional libraries, municipal libraries, or county public libraries or with library authorities of any college or university or any privately organized or endowed library, whereby common library branches or buildings or joint library services for the residents or patrons of the participating jurisdictions may be established and maintained in joint effort.
(b)
The contract shall provide for the division of any cost of establishing, maintaining, and operating the library and library services between the system and the other entity, even though the entity may be located without this state.
(c)
The contract shall become effective only from and after its ratification by a majority of the members of the board of trustees of the regional library system.
Acts 1997, No. 402, § 13.
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 10 - ARKANSAS DIGITAL LIBRARY ACT (§§ 13-2-1001 — 13-2-1002) › Section 13-2-1001 - Title

This subchapter may be referred to as the "Arkansas Digital Library Act".
Acts 2003, No. 1810, § 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 10 - ARKANSAS DIGITAL LIBRARY ACT (§§ 13-2-1001 — 13-2-1002) › Section 13-2-1002 - Creation

(a)
(1)
The Division of Higher Education and the Arkansas State Library shall develop a digitized collection of information that includes information that is in the public domain, cleared for public distribution over the internet, and to which students of public postsecondary schools in Arkansas have access.
(2)
The digitized information under this subchapter shall be available for public access in at least one (1) location in each Arkansas county.
(b)
(1)
The division and the library shall develop criteria regarding the:
(A)
Selection of materials to be digitized;
(B)
Need for public access; and
(C)
Means of cataloging or indexing the materials and digitizing them.
(2)
Materials to be digitized may include:
(A)
Print documents;
(B)
Texts;
(C)
Manuscripts;
(D)
Photographs;
(E)
Art reproductions;
(F)
Postcards;
(G)
Illustrations;
(H)
Sound;
(I)
Film; and
(J)
Video.
(c)
The division shall make grants under this subchapter to assist public postsecondary institutions and other public or private entities in:
(1)
Selecting and digitizing information; and
(2)
Developing and providing access to the digital collection in at least one (1) location in each Arkansas county.
(d)
(1)
Each postsecondary public institution in Arkansas shall cooperate with the division in developing the digitized collection under this subchapter.
(2)
Each postsecondary public institution and any entity receiving a grant under this subchapter shall develop a plan to inform the public regarding the use of the resources made available under this subchapter.
(3)
Funds made available under this subchapter may be used by the receiving entities to obtain matching funds from federal programs.
Amended by Act 2019, No. 910,§ 2235, eff. 7/1/2019.
Acts 2003, No. 1810, § 2.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-101 - Creation - Purpose

(a)
The Arkansas State Archives is created and established at the seat of government of this state for the purposes of:
(1)
Keeping and caring for the official archives of this state;
(2)
Collecting materials bearing on the history of Arkansas from the earliest times;
(3)
Copying and editing official records and other historical materials;
(4)
Encouraging historical work and research; and
(5)
Performing work in relation to the foregoing.
(b)
The Department of Parks, Heritage, and Tourism and the Building Authority Division shall determine the facility needs of the Arkansas State Archives.
(c)
The Building Authority Division may locate and negotiate an appropriate facility for the Arkansas State Archives, but the Department of Parks, Heritage, and Tourism shall have final approval of the facility's location.
Amended by Act 2019, No. 910,§ 5551, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 100, eff. 7/1/2016.
Subchapter heading amended by Act 2016EX3, No. 3,§ 99, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 100, eff. 7/1/2016.
Subchapter heading amended by Act 2016EX3, No. 2,§ 99, eff. 7/1/2016.
Amended by Act 2015EX1, No. 8,§ 6, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 6, eff. 7/1/2015.
Acts 1911, No. 355, §§ 1, 2; C. & M. Dig., §§ 5514, 5515; Pope's Dig., §§ 12236, 12237; Acts 1963, No. 207, §§ 1, 2; 1985, No. 933, § 1; A.S.A. 1947, §§ 6-201, 6-202; Acts 2003, No. 611, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-102 - Members

(a)
The Arkansas History Commission shall consist of seven (7) members, residents and electors of this state, to be appointed by the Governor by and with the advice and consent of the Senate. Each congressional district shall be represented by membership on the commission.
(b)
The term of office of each member of the commission shall commence on January 15 following the expiration date of his or her predecessor's term and shall end on January 14 of the seventh year following the year in which the term commenced.
(c)
Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, and to be thereafter effective until the expiration of the regular terms, subject, however, to the confirmation of the Senate.
(d)
Before entering upon his or her duties, each member of the commission shall take and subscribe, and file in the office of the Secretary of State, an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.
(e)
From time to time, the commission shall select from its membership a chair and a vice chair.
(f)
Members of the commission shall receive no pay for their services but may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
(g)
The commission shall advise and assist the Secretary of the Department of Parks, Heritage, and Tourism in the performance of his or her duties under this subchapter.
Amended by Act 2023, No. 794,§ 16, eff. 4/12/2023.
Amended by Act 2019, No. 910,§ 5552, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 101, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 101, eff. 7/1/2016.
Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; 1985, No. 933, § 1; 1985, No. 934, § 1; A.S.A. 1947, § 6-202; Acts 1997, No. 250, § 74.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-103 - Meetings - Records

(a)
(1)
The Arkansas History Commission shall meet:
(A)
Upon the request of the Secretary of the Department of Parks, Heritage, and Tourism; and
(B)
At a time and place that is convenient to the commission.
(2)
Meetings of the commission shall be open to the public.
(b)
The commission shall adopt and may modify rules for the conduct of its business. The commission shall keep a record of its transactions, findings, and determinations, which record shall be public.
(c)
The State Historian provided for in this chapter shall be ex officio secretary of the commission but shall have no vote on matters coming before it.
(d)
A quorum shall consist of not less than four (4) members present at any regular or special meeting. The affirmative vote of that number shall be necessary for the disposition of any business.
Amended by Act 2019, No. 910,§ 5553, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 102, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 102, eff. 7/1/2016.
Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-105 - Delegation to State Historian

The Director of the Division of Arkansas Heritage may delegate his or her powers and duties concerning the Arkansas State Archives to the State Historian.
Amended by Act 2019, No. 910,§ 5554, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 104, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 104, eff. 7/1/2016.
Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-106 - State Historian - Powers and duties

(a)
The State Historian shall:
(1)
Serve at the pleasure of the Secretary of the Department of Parks, Heritage, and Tourism; and
(2)
Devote his or her entire time of employment to the duties of his or her employment.
(b)
The State Historian shall have:
(1)
A doctoral degree in the field of history from an accredited institution of higher education; or
(2)
Been determined by the Director of the Division of Arkansas Heritage to be qualified to perform the duties of State Historian after considering:
(A)
The person's academic background;
(B)
The person's editorial ability;
(C)
The person's knowledge of and interest in history;
(D)
The person's experience in the field of history; and
(E)
Any other factor the director determines to be relevant to performing the functions of the position.
(c)
(1)
(A)
The State Historian shall furnish bond to the state, with a corporate surety thereon, in the penal sum of five thousand dollars ($5,000).
(B)
This bond shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her.
(2)
The State Historian shall not be required to furnish additional bond as disbursing agent, nor shall he or she be required to furnish additional bond as disbursing agent of other appropriations for which he or she may be designated disbursing agent under or pursuant to any law of this state unless so directed by the General Assembly.
(3)
The bond so furnished shall be filed with the Secretary of State.
(4)
An executed counterpart of the bond shall be filed with the Auditor of State.
(d)
The State Historian shall administer the provisions of this chapter and the rules and orders established under this chapter as instructed by the Secretary of the Department of Parks, Heritage, and Tourism.
(e)
[Repealed.]
Amended by Act 2019, No. 315,§ 979, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5557, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5556, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5555, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 105, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 105, eff. 7/1/2016.
Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-107 - Preservation of public officials' records

(a)
(1)
At his or her discretion, any state, county, or other official is authorized and empowered to turn over to the Arkansas State Archives, for permanent preservation, any official books, records, documents, original papers, and newspaper files not in current use in his or her office.
(2)
When so surrendered, copies from the state, county, or other official's office shall be made and certified by the Director of the Division of Arkansas Heritage upon the application of any person interested, which certification shall have the force and effect as if made by the officer originally in the custody of them, and for which the same fee shall be charged to be collected in advance.
(b)
(1)
All officers of this state and of its political subdivisions, as requested by the Arkansas State Archives, shall make available for copying or photographing such of their records and other materials as the Arkansas State Archives deems advisable for historical purposes.
(2)
Before destroying or discarding outdated records, other than ephemeral materials, each officer shall advise the Arkansas State Archives in writing of his or her intentions, and records that have a historical value, as determined by the director, shall be given to the Arkansas State Archives.
Amended by Act 2019, No. 910,§ 5558, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 106, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 106, eff. 7/1/2016.
Acts 1911, No. 355, § 5; C. & M. Dig., § 5519; Pope's Dig., § 12241; Acts 1963, No. 207, § 5; A.S.A. 1947, § 6-207.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-108 - Preservation of state publications

Two (2) copies of every publication of the State of Arkansas shall be placed at the disposal of the Arkansas State Archives, and shall be preserved, by photographic or other means, in the archives of the Arkansas State Archives.
Amended by Act 2016EX3, No. 3,§ 107, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 107, eff. 7/1/2016.
Acts 1911, No. 355, § 6; C. & M. Dig., § 5520; Pope's Dig., § 12242; Acts 1963, No. 207, § 6; A.S.A. 1947, § 6-208.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109) › Section 13-3-109 - Permanent marker to commemorate B.B. King

The Arkansas State Archives shall erect a permanent marker in the town of Twist, Arkansas, to commemorate the legendary B.B. King and the event that led to his naming his famous guitar "Lucille" while he was performing there.
Amended by Act 2016EX3, No. 3,§ 108, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 108, eff. 7/1/2016.
Acts 2005, No. 673, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-201 - Purpose

The Black History Commission of Arkansas is created and established at the seat of government of this state for the purpose of:
(1)
Advising the Secretary of the Department of Parks, Heritage, and Tourism with respect to gathering, developing, and keeping the history of a segment of Arkansas society whose history has been overlooked and forgotten and has been simply neglected because of a lack of concern;
(2)
Collecting materials bearing on the history of black Arkansans from the earliest times;
(3)
Encouraging historical work and research in the background of black Arkansans to help the young citizens of the state appreciate their heritage; and
(4)
Performing work in relation to the history of black Arkansans.
Amended by Act 2019, No. 910,§ 5559, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 109, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 109, eff. 7/1/2016.
Acts 1991, No. 1233, § 1; 2001, No. 1553, § 22; 2007, No. 1601, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-202 - Members

(a)
The Black History Commission of Arkansas shall consist of seven (7) members who shall be residents and electors of this state. The members shall be appointed by the Governor, by and with the advice and consent of the Senate.
(b)
The term of office of each member of the commission shall commence on January 15 following the expiration date of his or her predecessor's term and shall end on January 14 of the seventh year following the year in which the term commenced.
(c)
The membership of the commission shall be made up of persons who are citizens of the state at large and who have demonstrated an interest in the collection, recordation, preservation, and development of the history of black Arkansans.
(d)
Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, and to be thereafter effective until the expiration of the regular terms, subject, however, to the confirmation of the Senate.
(e)
The commission shall select from its membership a chair and a vice chair.
(f)
Members of the commission may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2023, No. 794,§ 17, eff. 4/12/2023.
Acts 1991, No. 1233, § 2; 1995, No. 980, § 1; 1995, No. 1296, § 43; 1997, No. 250, § 75; 2007, No. 1601, § 2.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-203 - Meetings - Rules and bylaws - Secretary

(a)
The Black History Commission of Arkansas shall meet at such times and places as in each instance may suit the commission's convenience and its purposes, and all meetings shall be open to the public.
(b)
(1)
The commission shall adopt and may modify rules and bylaws for the conduct of its business, subject to the approval of the Secretary of the Department of Parks, Heritage, and Tourism.
(2)
The commission shall keep a record of its transactions, findings, and determinations, which record shall be public.
(c)
The rules shall provide for regular meetings and for special meetings at the call of the Chair of the Black History Commission of Arkansas or in his or her absence or incapacity, the vice chair, or upon written request of at least four (4) members.
(d)
The State Historian shall be ex officio secretary of the commission but shall have no vote on matters coming before it.
(e)
A quorum of the commission shall consist of not less than four (4) members present at any regular or special meeting. The affirmative vote of that number shall be necessary for the disposition of any business.
Amended by Act 2019, No. 910,§ 5560, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 110, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 110, eff. 7/1/2016.
Acts 1991, No. 1233, § 3; 2007, No. 1601, § 3.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-204 - Duties - Records, papers, archives, and historical materials property of state

(a)
It shall be the function, power, and duty of the Black History Commission of Arkansas to assist the Arkansas History Commission and the Arkansas State Archives to:
(1)
Collect, classify, and preserve, through the making of photographic copies or by other means, records, manuscripts, maps, diaries, letters, war service records, journals, and papers of historical value, pertaining to the black race in Arkansas and black Arkansans;
(2)
Collect and preserve portraits, photographs, sketches, drawings, and other likenesses of eminent black Arkansans and historic places, houses, buildings, and scenes involving the black race in Arkansas;
(3)
Select and publish any papers, research, and other source material on the contribution of the black race in Arkansas history which it shall deem appropriate and funds will permit;
(4)
Build up and maintain a reference library of the source material on the black race in Arkansas history; and
(5)
Cooperate with, and receive the cooperation of, any historical associations or any black historical associations and other nonprofit organizations devoted to the history or the black history of this state.
(b)
All records, papers, archives, and historical material at any time in the possession of the Black History Commission of Arkansas, excepting such as it may have on loan, shall be and remain the property of the State of Arkansas.
Amended by Act 2016EX3, No. 3,§ 111, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 111, eff. 7/1/2016.
Acts 1991, No. 1233, § 4; 2007, No. 1601, § 4.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-205 - State Historian's duties - Location of Black History Commission of Arkansas

(a)
(1)
The State Historian shall assist the Black History Commission of Arkansas in the performance of its duties and shall be the custodian of all property and reference and source materials of the commission.
(2)
The State Historian shall be charged with the duty of administering this subchapter.
(b)
The offices of the commission and the archives of its records shall be located with the records of the Arkansas State Archives.
Amended by Act 2016EX3, No. 3,§ 112, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 112, eff. 7/1/2016.
Acts 1991, No. 1233, §§ 1, 6; 2003, No. 611, § 2; 2007, No. 1601, § 5.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-206 - Historical contributions by the black race - Arkansas history courses

(a)
The Black History Commission of Arkansas and the Commissioner of Education or his or her designee shall cooperate with each other to develop the materials for a program of historical contributions by the black race in Arkansas for inclusion in the curriculum segment of the Arkansas history required to be instructed in §
6-16-124
.
(b)
The Commissioner of Education shall ensure that these materials are reproduced and sent to all school districts in the state as a resource for inclusion in the Arkansas history courses.
Acts 1991, No. 1233, § 5; 2007, No. 1601, § 6.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207) › Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207) › Section 13-3-207 - Curtis H. Sykes Memorial Grant Program

(a)
There is created the "Curtis H. Sykes Memorial Grant Program", to be administered by the Black History Commission of Arkansas.
(b)
The program may provide grants to individuals to assist with:
(1)
Collecting materials bearing on the history of black Arkansans from the earliest times;
(2)
Encouraging historical work and research in the background of black Arkansans to help the young citizens of the state appreciate their heritage; and
(3)
Performing work in relation to the history of black Arkansans.
(c)
(1)
The commission shall promulgate rules necessary for the implementation of the program.
(2)
The rules shall include:
(A)
The procedure for making an application for a grant;
(B)
The selection criteria for a grant;
(C)
The limitations on use of grant money; and
(D)
A procedure to provide for accountability of grant recipients and the monitoring of expenditures by grant recipients.
(d)
This section is contingent on the appropriation and availability of funding for the program.
Acts 2009, No. 660, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 4 - PUBLIC RECORDS MANAGEMENT AND ARCHIVES (§§ 13-4-101 — 13-4-411) › Subchapter 2 - ELECTRONIC COURT RECORDS (§§ 13-4-201 — 13-4-204) › Section 13-4-201 - Electronic reproduction of court records

Court clerks and any other public officers whose duty it is to make and maintain court records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, digital compact disc, optical disc, and any other process that accurately reproduces or forms a durable medium for reproducing the original.
Acts 1995, No. 1061, § 1; 1997, No. 882, § 1; 2003, No. 1185, § 20.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 4 - PUBLIC RECORDS MANAGEMENT AND ARCHIVES (§§ 13-4-101 — 13-4-411) › Subchapter 2 - ELECTRONIC COURT RECORDS (§§ 13-4-201 — 13-4-204) › Section 13-4-202 - Requirements for format and storage of records

When equipment necessary for such methods of recording is used to record court records, it shall meet all of the following requirements:
(1)
The information retained shall be in a usable and accessible format capable of accurately reproducing the original over the time periods specified in §
13-4-301
et seq.;
(2)
Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information;
(3)
Procedures shall be available for the backup, recovery, and storage of records to protect those records against media destruction or deterioration and information loss; and
(4)
A retention conversion-review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion or recertification at least one (1) time every five (5) years or more frequently when necessary to prevent the physical loss of data or technological obsolescence of the medium.
Acts 1995, No. 1061, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 4 - PUBLIC RECORDS MANAGEMENT AND ARCHIVES (§§ 13-4-101 — 13-4-411) › Subchapter 2 - ELECTRONIC COURT RECORDS (§§ 13-4-201 — 13-4-204) › Section 13-4-203 - [Repealed]

Repealed by Act 2023, No. 365,§ 22, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6066, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 113, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 113, eff. 7/1/2016.
Acts 1995, No. 1061, § 2; 1997, No. 544, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 4 - PUBLIC RECORDS MANAGEMENT AND ARCHIVES (§§ 13-4-101 — 13-4-411) › Subchapter 2 - ELECTRONIC COURT RECORDS (§§ 13-4-201 — 13-4-204) › Section 13-4-204 - Destruction of original

(a)
When any document is recorded by the means prescribed by §
13-4-201
, the paper original may be destroyed unless the document is over fifty (50) years old and handwritten or has been determined to be of historical value by the Arkansas State Archives.
(b)
If the paper original does not meet these criteria, the electronically stored document shall be considered the "original" document and shall be treated as such when proffered with the recorder's certification.
Amended by Act 2016EX3, No. 3,§ 114, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 114, eff. 7/1/2016.
Acts 1995, No. 1061, § 2; 1997, No. 882, § 2; 2001, No. 311, § 1.
Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 4 - PUBLIC RECORDS MANAGEMENT AND ARCHIVES (§§ 13-4-101 — 13-4-411) › Subchapter 3 - COUNTY RECORDS RETENTION (§§ 13-4-301 — 13-4-308) › Section 13-4-301 - Retention required - Destruction - Electronic reproduction

(a)
(1)
A county shall maintain the records named in this subchapter for the period of time provided for in this subchapter, after which time the records may be destroyed.
(2)
(A)
The records named in this subchapter shall not be destroyed until at least one (1) year after an audit by Arkansas Legislative Audit or a private audit is completed and approved.
(B)
A record named in this subchapter that is over fifty (50) years old shall not be destroyed before written notice by the custodian of the records and describing the scope and nature of the records in question has been furnished to the Arkansas State Archives, at least sixty (60) days before the destruction of the records.
(b)
(1)
If a record is photographically or electronically transferred to other media of a permanent nature, the original documents may be destroyed, except that no handwritten records over fifty (50) years old shall be destroyed.
(2)
A county record that is photographically or electronically transferred to other media of a permanent nature shall be transferred by a process that accurately reproduces or forms a durable medium for reproducing the original.
(c)
When county records are transferred to other media of a permanent nature, the resulting transfer shall meet the following requirements:
(1)
The information in the county record retained shall be transferred into a usable and accessible format capable of accurately reproducing the original over the time periods specified in this section and §§
13-4-302
-
13-4-308
;
(2)
Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information in the county record;
(3)
Procedures shall be available for the backup, recovery, and storage of records to protect the records against media destruction or deterioration and information loss; and
(4)
A retention conversion-and-review schedule shall be established by each county official to ensure that electronically or optically stored information, for records required to be kept permanently, is reviewed for data conversion at least one (1) time every four (4) years or more frequently when necessary to prevent the physical loss of data or loss due to technological obsolescence of the medium.
(d)
Before a record is destroyed, the custodian of the record shall document the date and type of document.
(e)
Records not addressed explicitly under this subchapter may be destroyed no sooner than three (3) years after an audit by Arkansas Legislative Audit or any private auditor is completed and approved.
Amended by Act 2017, No. 560,§ 1, eff. 8/1/2017.
Amended by Act 2016EX3, No. 3,§ 115, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 115, eff. 7/1/2016.
Acts 1991, No. 800, § 8; 1997, No. 882, § 3.