reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 9 - PROPAGATION OF DIVISIVE CONCEPTS PROHIBITED (§§ 25-1-901 — 25-1-906) › Section 25-1-904 - State entity training

(a)
(1)
The fair and equal treatment of individuals is an inviolable principle that must be maintained in the state workplace.
(2)
The administrative head of each state entity shall use his or her authority to ensure that the state entity, state entity employees during work hours, and any contractors hired by the state entity to provide training, workshops, forums, or similar programming, for purposes of this section, "training", to state entity employees do not teach, advocate, act upon, or promote in any training to state entity employees any of the divisive concepts as defined in §
25-1-901
.
(3)
State entity diversity and inclusion efforts shall encourage state entity employees not to judge one another by their color, race, ethnicity, sex, or any other characteristic protected by federal or state law.
(b)
The Secretary of the Department of Transformation and Shared Services shall develop rules for the enforcement of the provisions of this subchapter.
(c)
Each state entity head shall:
(1)
Issue a policy incorporating the requirements of this subchapter into state entity operations;
(2)
Request that the state entity thoroughly review and assess not less than annually thereafter, state entity compliance with the requirements of the policy in the form of a report submitted to the Department of Transformation and Shared Services; and
(3)
Assign at least one (1) employee of the state entity responsibility for ensuring compliance with the requirements of the policy.
Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 9 - PROPAGATION OF DIVISIVE CONCEPTS PROHIBITED (§§ 25-1-901 — 25-1-906) › Section 25-1-905 - Review of state entity training

(a)
All training programs for state entity employees relating to diversity or inclusion shall, before being used, be reviewed by the respective state entity for compliance with this subchapter.
(b)
If a contractor provides a training for state entity employees relating to diversity or inclusion that teaches, advocates, or promotes the divisive concepts defined in §
25-1-901
, and such action is in violation of the applicable contract, the state entity that contracted for such training shall evaluate whether to pursue debarment of that contractor, consistent with applicable law and rules.
Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 9 - PROPAGATION OF DIVISIVE CONCEPTS PROHIBITED (§§ 25-1-901 — 25-1-906) › Section 25-1-906 - Promotion of diversity - Severability

(a)
Nothing in this subchapter shall prevent state entities from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this subchapter.
(b)
Nothing in this subchapter shall be construed to prohibit discussing, as part of a larger course of academic instruction, the divisive concepts listed in §
25-1-901
in an objective manner and without endorsement.
(c)
If any section of this subchapter, or the application of any provision of this subchapter to any person or circumstance, is held to be invalid, the remainder of this subchapter and the application of its provisions to any other persons or circumstances is severable.
Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 10 - ENVIRONMENTAL, SOCIAL JUSTICE, OR GOVERNANCE SCORES OR METRICS (§§ 25-1-1001 — 25-1-1007) › Section 25-1-1003 - Divestment of public funds

(a)
The Treasurer of State shall divest the state of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under §
25-1-1002
for:
(1)
Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under §
25-1-1002
; and
(2)
All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under §
25-1-1002
.
(b)
A public entity shall divest itself of all direct or indirect holdings with a financial services provider included on the list published on the Treasurer of State's website under §
25-1-1002
for:
(1)
Retirement holdings, as soon as practicable but no later than three hundred sixty-five (365) calendar days after the financial services provider's inclusion on the list published under §
25-1-1002
; and
(2)
All other holdings, within sixty (60) days of the financial services provider's inclusion on the list published under §
25-1-1002
.
(c)
This subchapter shall not be construed to create a cause of action against an investment advisor, financial services provider, or any public entity, or their respective trustees, officers, directors, agents, or employees.
(d)
An investment advisor or public entity, or their respective trustees, officers, directors, agents, or employees, shall not be sued for breach of fiduciary duty for complying with their divestment obligations under this section.
Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 10 - ENVIRONMENTAL, SOCIAL JUSTICE, OR GOVERNANCE SCORES OR METRICS (§§ 25-1-1001 — 25-1-1007) › Section 25-1-1004 - Investment of public funds

(a)
A state investment shall be made in the sole interest of the beneficiary state taxpayer.
(b)
The Treasurer of State's evaluation of an investment shall be based only on pecuniary factors.
(c)
A public entity shall not invest cash funds with a financial services provider if the financial services provider is listed on the Treasurer of State's website under §
25-1-1002
.
Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 10 - ENVIRONMENTAL, SOCIAL JUSTICE, OR GOVERNANCE SCORES OR METRICS (§§ 25-1-1001 — 25-1-1007) › Section 25-1-1005 - Sources of information

(a)
In determining whether or not to include a financial services provider on a list under §
25-1-1006
, the ESG Oversight Committee shall consider and may rely upon the following information:
(1)
A financial services provider's certification that it is not engaged in discrimination against a business that provides services or products to the energy, fossil fuel, firearms, or ammunition industries, and has not discriminated without a reasonable business purpose against a business based on the use of environmental, social justice, or governance-related factors;
(2)
Statements or information made publicly available by the financial services provider's governing body, an executive director of a financial services provider, or any other officer or employee of the financial services provider with the authority to issue policy statements on behalf of the financial services provider; and
(3)
Information published by a state or federal government entity.
(b)
In determining whether or not to include a financial services provider on a list under §
25-1-1006
, the ESG Oversight Committee may consider various factors including the following but shall not make a determination based solely on the following:
(1)
Statements or complaints by an energy, fossil fuel, firearms, or ammunition company; or
(2)
Media reports of any investment adviser or financial services provider's boycott of energy, fossil fuel, firearms, or ammunition companies.
(c)
A financial services provider shall not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law.
Amended by Act 2023, No. 760,§ 1, eff. 8/1/2023.
Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 10 - ENVIRONMENTAL, SOCIAL JUSTICE, OR GOVERNANCE SCORES OR METRICS (§§ 25-1-1001 — 25-1-1007) › Section 25-1-1006 - ESG Oversight Committee

(a)
(1)
The ESG Oversight Committee is created to determine a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors.
(2)
The committee shall be composed of:
(A)
A citizen of this state who is appointed by the Governor;
(B)
A citizen of this state who is appointed by the President Pro Tempore of the Senate;
(C)
A citizen of this state who is appointed by the Speaker of the House of Representatives;
(D)
A citizen of this state who is appointed by the Attorney General; and
(E)
The Treasurer of State or his or her designee.
(3)
The committee shall serve at the pleasure of the Governor.
(b)
(1)
Within ninety (90) days of the appointments to the committee under subdivision (a)(2) of this section, the committee shall prepare and provide to each public entity a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors.
(2)
The determination by the committee under subdivision (b)(1) of this section shall not be subject to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
Upon furnishing the list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors to each public entity, the committee shall expire automatically.
(d)
If the Governor determines that a financial services provider has begun or ceased to discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors, the Governor may reestablish the committee at any time by notifying in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Treasurer of State.
Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 10 - ENVIRONMENTAL, SOCIAL JUSTICE, OR GOVERNANCE SCORES OR METRICS (§§ 25-1-1001 — 25-1-1007) › Section 25-1-1007 - Exemption from divestment for certain investments

If an investment is subject to divestment under this subchapter but is locked into a maturity date and an early divestment would result in a financial penalty and cause a negative financial impact to the state, then the investment is exempt from divestiture under this subchapter in order to prevent financial harm to the state and ensure that the fiduciary duty for the state is met.
Amended by Act 2023, No. 760,§ 2, eff. 8/1/2023.
Added by Act 2023, No. 411,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 11 - PROHIBITION ON PUBLIC ENTITIES CONTRACTING WITH ENTITIES THAT BOYCOTT ENERGY, FOSSIL FUEL, FIREARMS, AND AMMUNITION INDUSTRIES (§§ 25-1-1101 — 25-1-1102) › Section 25-1-1101 - Definitions

As used in this subchapter:
(1)
"Boycott" means without an ordinary business purpose:
(A)
Engaging in refusals to deal;
(B)
Terminating business activities; or
(C)
Other actions that are intended to limit public entities' commercial relations with an industry in a discriminatory manner;
(2)
(A)
"Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations.
(B)
"Company" does not include a financial services provider as defined in §
25-1-1001(8)(A)
as created by HB1307 of the Ninety-fourth General Assembly if that bill becomes an act;
(3)
(A)
"Ordinary business purpose" means a purpose that is related to business operations.
(B)
"Ordinary business purpose" does not include a purpose that is solely related to furthering social, political, or ideological interests; and
(4)
"Public entity" means a state or local government entity, including a:
(A)
Department, division, agency, office, commission, board, constitutional office, or other government organization;
(B)
Political subdivision, including a city, county, municipality, town, or conservation district; and
(C)
Public school, public school district, charter school, or public institution of higher education.
Added by Act 2023, No. 611,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 11 - PROHIBITION ON PUBLIC ENTITIES CONTRACTING WITH ENTITIES THAT BOYCOTT ENERGY, FOSSIL FUEL, FIREARMS, AND AMMUNITION INDUSTRIES (§§ 25-1-1101 — 25-1-1102) › Section 25-1-1102 - Prohibition on contracting with entities that boycott energy, fossil fuel, firearms, and ammunition industries

(a)
Except as provided under subsection (c) of this section, a public entity shall not:
(1)
Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of energy, fossil fuel, firearms, and ammunition industries; or
(2)
Engage in a boycott of energy, fossil fuel, firearms, and ammunition industries.
(b)
A company's statement that it is participating in boycotts of energy, fossil fuel, firearms, and ammunition industries or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott can be considered by the Office of State Procurement as a type of evidence, among others, that a company is participating in a boycott of energy, fossil fuel, firearms, and ammunition industries.
(c)
This section does not apply to:
(1)
A company that fails to meet the requirements under subsection (a) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or
(2)
Contracts with a total potential value of less than seventy-five thousand dollars ($75,000).
Added by Act 2023, No. 611,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 12 - PROHIBITED ACTIONS (§§ 25-1-1201 — 25-1-1203) › Section 25-1-1201 - Legislative findings

The General Assembly finds that:
(1)
The Communist Party of China's authoritarian governance over the People's Republic of China includes extensive and continuing efforts to destroy any meaningful distinction between the Communist Party of China, the People's Republic of China state, and commercial entities in the People's Republic of China;
(2)
The People's Republic of China's commercial entities are an intrinsic part of the Communist Party of China's malignant activities globally, which include the Communist Party of China's human rights abuses, military-civil fusion efforts, and military expansion;
(3)
Dealings with commercial entities of the People's Republic of China are less likely to be commercially sound because such entities are likely acting on noncommercial motivations and carry an increased political risk;
(4)
While a commercial entity of the People's Republic of China is not beyond the reach of the Communist Party of China, the People's Republic of China's state-owned entities present heightened concerns of commercial soundness;
(5)
Dealings with commercial entities of the People's Republic of China, and especially state-owned entities, threaten Arkansas's security, including by making accessible to the Communist Party of China and People's Republic of China's government information about the structure, operations, resources, and infrastructure of the government of Arkansas; and
(6)
Dealings with commercial entities of the People's Republic of China, and especially state-owned entities, threaten the privacy and security of residents of Arkansas, to the extent that they involve the personal information of such residents.
Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 12 - PROHIBITED ACTIONS (§§ 25-1-1201 — 25-1-1203) › Section 25-1-1202 - Definitions

As used in this subchapter:
(1)
"Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit;
(2)
"Contract" means the same as defined in the Arkansas Procurement Law, §
19-11-203(5)
;
(3)
"Scrutinized company" means a company owned in whole or with a majority ownership by the government of the People's Republic of China; and
(4)
"State agency" means the same as defined in the Arkansas Procurement Law, §
19-11-203(30)
.
Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-1203) › Subchapter 12 - PROHIBITED ACTIONS (§§ 25-1-1201 — 25-1-1203) › Section 25-1-1203 - Contracts with Government of People's Republic of China prohibited

(a)
A state agency shall not enter into a contract:
(1)
With a scrutinized company; or
(2)
That employs a scrutinized company as a subcontractor.
(b)
A state agency shall require a company that submits a bid or proposal for a contract for goods or services to certify that the company is not a scrutinized company.
(c)
If a state agency or the Office of State Procurement determines that a company has submitted a false certification under subsection (b) of this section:
(1)
The company shall be liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted;
(2)
The state agency or the Office of State Procurement shall terminate the contract with the company; and
(3)
The company shall be ineligible to bid on a state contract for five (5) years and then the company's status will be reassessed.
Added by Act 2023, No. 758,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-101 - Legislative findings and purpose - Construction

(a)
The General Assembly declares that this act is necessary:
(1)
To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions;
(2)
To establish executive authority over those areas where executive responsibility presently lies;
(3)
To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government;
(4)
To strengthen the role of the General Assembly in state government;
(5)
To encourage greater participation of the public in state government;
(6)
To effect the grouping of state agencies into a limited number of departments primarily according to function; and
(7)
To eliminate overlapping and duplication of effort.
(b)
It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to the principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.
(c)
To the ends stated in this section, this act shall be liberally construed.
Acts 1971, No. 38, § 1; A.S.A. 1947, § 5-901.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-102 - Certain professional boards excepted

Nothing in this act shall apply to state boards that license the professions of the healing arts under the following statutes:
(1)
Chiropractics, §
17-81-101
et seq.;
(2)
Dentistry, §
17-82-101
et seq.;
(3)
Medicine and surgery, §
17-95-201
et seq.;
(4)
Nursing, §
17-87-101
et seq.;
(5)
Optometry, §
17-90-101
et seq.;
(6)
Pharmacy, §
17-92-101
et seq.;
(7)
Physical therapy, §
17-93-101
et seq.;
(8)
Podiatry, §
17-96-101
et seq.;
(9)
Psychology, §
17-97-201
et seq.;
(10)
Massage therapy, §
17-86-101
et seq.; or
(11)
Veterinary medicine, §
17-101-101
et seq.
Acts 1971, No. 38, § 17; A.S.A. 1947, § 5-917.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-103 - Effect of act on preexisting rules, regulations, etc

This act shall not affect the orders, rules, regulations, and standards made or promulgated before February 4, 1971, by any department, institution, division, bureau, board, commission, council, or other agency, the functions, powers, and duties of which have been herein assigned or transferred to a principal department established by this act. The orders, rules, regulations, and standards shall continue with full force and effect until amended or repealed pursuant to law.
Acts 1971, No. 38, § 17 [17A]; A.S.A. 1947, § 5-918.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-104 - Type 1 transfers

(a)
(1)
When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including:
(A)
Rulemaking, regulation, licensing, and registration;
(B)
The promulgation of rules, rates, and standards; and
(C)
The rendering of findings, orders, and adjudications.
(2)
It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.
(b)
Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.
(c)
Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.
Amended by Act 2019, No. 315,§ 2910, eff. 7/24/2019.
Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-105 - Type 2 transfers

(a)
Under this act, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, are transferred to the principal department.
(b)
When any department, institution, or other agency, or part thereof, is transferred by a type 2 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.
(c)
Following a type 2 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to that board or commission as such statutes may from time to time be amended.
Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-106 - Type 3 transfers

(a)
Under this act, a type 3 transfer means the abolishing of an existing department, institution, or other agency and the transferring of all or part of its powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds to a principal department as specified under this act.
(b)
When any department, institution, or other agency, or part thereof, is transferred by a type 3 transfer to a principal department under the provisions of this act, its prescribed powers, duties, and functions including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.
Acts 1971, No. 38, § 2; A.S.A. 1947, § 5-902.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-107 - Type 4 transfers

(a)
Under this act, a type 4 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act in the following circumstances:
(1)
When all or part of any department, institution, or other agency is transferred to a principal department under a type 4 transfer, the board, commission, or other governing body of the transferred department, institution, or other agency is retained and shall continue to exercise its statutory authority, powers, duties, and functions;
(2)
The director of the department, institution, or other agency shall be nominated by the board or commission or governing body of the transferred department, institution, or other agency subject to confirmation by the Governor. The director shall serve at the pleasure of the Governor; and
(3)
All records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, are transferred to the principal department.
(b)
Following a type 4 transfer, the members of any statutory board or commission so transferred and their successors shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.
Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2011, No. 603, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-108 - Reports, certifications, etc., to transferred agency

Unless specifically provided otherwise in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications, or requests are required or permitted to be made to a department, institution, division, bureau, board, commission, council, or other agency whose powers and duties are herein assigned or transferred by a type 2, 3, or 4 transfer, then those reports and certifications shall thereafter be filed with, and the applications or requests shall thereafter be made to, the principal department or agency to which assignment or transfer has been made.
Acts 1971, No. 38, § 19; A.S.A. 1947, § 5-920.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 2 - ADMINISTRATIVE DEPARTMENTS GENERALLY (§§ 25-2-101 — 25-2-109) › Section 25-2-109 - Senatorial confirmation of certain appointments

(a)
Irrespective of other provisions of this act to the contrary, if the laws in effect on the date of the passage of this act required senatorial confirmation of the appointment of any board or commission member, or of the head of any agency or department of government, or of any head of a division of an agency or department of government, and that board, commission, agency, or department is consolidated or merged with a principal department under this act, then the appointments requiring confirmation shall be made as provided in this act with respect to all agencies merged or consolidated into a principal department by a type 1, 2, 3, or 4 transfer.
(b)
It is the intent of this act, with respect to all affairs of government which are under the administrative control or responsibility of any official of government whose appointment was subject to senatorial confirmation prior to the passage of this act, that the head of the successor department or the head of the division within the successor department into which the agency or program was merged shall be subject to confirmation of the Senate.
Acts 1971, No. 38, § 21; A.S.A. 1947, § 5-922.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-101 - Legislative intent - Construction

(a)
The General Assembly declares that this act is necessary:
(1)
To create a structure of state government which will be responsive to the cultural needs of the people of this state and sufficiently flexible to meet changing conditions;
(2)
To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government;
(3)
To encourage greater participation of the public in the cultural affairs of the state;
(4)
To effect the grouping of culturally oriented state agencies and programs into one (1) department; and
(5)
To eliminate overlapping and duplication of effort.
(b)
It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state programs or agencies to the Division of Arkansas Heritage with a minimum of disruption of governmental services and functions and with a minimum of expense.
(c)
To the ends stated in this section, this act shall be liberally construed.
Amended by Act 2019, No. 910,§ 5702, eff. 7/1/2019.
Acts 1975, No. 1001, §§ 1, 2; A.S.A. 1947, §§ 5-923n, 5-926.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-102 - Creation - Director - Organization - Personnel

(a)
There is created a Division of Arkansas Heritage.
(b)
(1)
The executive head of the division shall be the Director of the Division of Arkansas Heritage.
(2)
The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.
(3)
The director shall report to the Secretary of the Department of Parks, Heritage, and Tourism.
(c)
The director, with the advice and consent of the Governor and the secretary, shall appoint the heads of each of the programs and agencies of the division. All other personnel of the division shall be employed by and serve at the pleasure of the director. However, nothing in this section shall be so construed as to reduce any right which an employee of the division shall have under any civil service or merit system.
(d)
Each agency or program of the division shall be under the direction, control, and supervision of the division. The director may delegate his or her functions, powers, and duties to the head of any agency or program of the division as he or she shall deem desirable and necessary for the effective and efficient operation of the division.
Amended by Act 2019, No. 910,§ 5703, eff. 7/1/2019.
Acts 1975, No. 1001, § 4; A.S.A. 1947, § 5-923.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-103 - [Repealed]

Repealed by Act 2016EX3, No. 3,§ 125, eff. 7/1/2016.
Repealed by Act 2016EX3, No. 2,§ 125, eff. 7/1/2016.
Acts 1975, No. 1001, § 3; A.S.A. 1947, § 5-924.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-104 - [Repealed]

Repealed by Act 2023, No. 365,§ 76, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 5704, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 287, eff. 8/1/2017.
Acts 1975, No. 1001, § 5; A.S.A. 1947, § 5-925; Acts 2011, No. 896, § 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-105 - Fees for publications, seminars, etc

(a)
The Division of Arkansas Heritage through the Central Administration Division or any successor division is authorized to establish and impose reasonable fees to recover costs incurred in the preparation and distribution of educational published materials and in holding workshops and seminars and costs of other services rendered.
(b)
Funds derived from the fees shall be deposited in a bank account to be used to defray the initial costs of publishing additional educational publications and holding workshops and seminars.
Amended by Act 2019, No. 910,§ 5705, eff. 7/1/2019.
Acts 1985, No. 346, § 39; A.S.A. 1947, § 5-923.2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-106 - Publication Development and Resale Revolving Fund

(a)
There is established a fund to be known as the "Publication Development and Resale Revolving Fund" for the Division of Arkansas Heritage. This fund shall be located in the Central Administration Division of the Division of Arkansas Heritage and shall be managed by the Central Administration Division for the benefit of the various agencies located within the Division of Arkansas Heritage. This fund shall be a revolving fund.
(b)
Income derived from the sale of publications shall be deposited in the fund to be used to develop and purchase additional publications for resale.
(c)
Any funds remaining in the account from which the fund derives its support at the end of each fiscal year shall carry forward and be made available for the use prescribed in this section during the succeeding fiscal year.
Amended by Act 2019, No. 910,§ 5706, eff. 7/1/2019.
Acts 1985, No. 346, § 41; A.S.A. 1947, § 5-923.4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-107 - [Repealed]

Repealed by Act 2013, No. 1276,§ 2, eff. 8/16/2013.
Acts 1989 (1st Ex. Sess.), No. 9, § 52.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 3 - DEPARTMENT OF ARKANSAS HERITAGE (§§ 25-3-101 — 25-3-109) › Section 25-3-108 - Heritage foundation

(a)
In addition to any other rights, powers, functions, and duties granted by law to the Division of Arkansas Heritage, the division is hereby authorized to promote and cooperate in the establishment of a heritage foundation under the Arkansas nonprofit corporation law, to share resources and facilities with the foundation, and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to preserve and promote the heritage of the state.
(b)
If a heritage foundation is established and the division shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall annually file a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year.
(c)
On or before July 1 of each fiscal year, the Director of the Division of Arkansas Heritage shall submit a plan to the Legislative Council reflecting the proposed uses of private funds for the ensuing fiscal year for its review and comment. No person over whom the division has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.
Amended by Act 2019, No. 910,§ 5707, eff. 7/1/2019.
Acts 1989 (1st Ex. Sess.) No. 9, §§ 49-51.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129) › Section 25-4-101 - Title

This chapter shall be known and cited as the "Arkansas Information Systems Act of 1997".
Acts 1977, No. 884, § 1; A.S.A. 1947, § 5-1401; Acts 1997, No. 914, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129) › Section 25-4-104 - Division of Information Systems

(a)
There is established within the Department of Transformation and Shared Services the Division of Information Systems.
(b)
(1)
The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor.
(2)
The director shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services.
(3)
The director shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State.
(c)
The director, in consultation with the Secretary of the Department of Transformation and Shared Services, may establish divisions and the organizational structure deemed necessary and appropriate for the efficient performance of the duties imposed under the provisions of this chapter, provided the organizational structure of the division shall conform to the positions authorized and limitations provided therefor in the biennial appropriation of the division.
(d)
The director, in consultation with the Secretary of the Department of Transformation and Shared Services, shall appoint the deputy and division directors and the professional, technical, and clerical assistants and employees as necessary to perform the duties imposed by this chapter. All employees of the division shall be employed by the department and serve at the pleasure of the Secretary of the Department of Transformation and Shared Services.
(e)
The director shall report to the Secretary of the Department of Transformation and Shared Services any matters relating to abuses of this chapter.
(f)
The director shall recommend statutory changes to the Secretary of the Department of Transformation and Shared Services.
Amended by Act 2019, No. 910,§ 6262, eff. 7/1/2019.
Acts 1977, No. 884, § 3; A.S.A. 1947, § 5-1403; Acts 1997, No. 914, § 4; 2001, No. 1722, § 3; 2007, No. 751, § 12.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129) › Section 25-4-106 - Reporting requirements

(a)
(1)
The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government.
(2)
The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities.
(b)
(1)
By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the:
(A)
Legislative Council, if submitted between regular sessions of the General Assembly;
(B)
Joint Budget Committee, if submitted during a session of the General Assembly; and
(C)
Joint Committee on Advanced Communications and Information Technology.
(2)
The report shall:
(A)
Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and
(B)
Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions.
(3)
The report shall include:
(A)
The name of the state agency, board, or commission requesting the advice;
(B)
The name and scope of the project for which advice is being sought;
(C)
The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades;
(D)
A detailed explanation of all recommendations provided by the division;
(E)
How the recommendation fits into the information technology plan of the agency, board, or commission;
(F)
How the recommendation fits into the state's information technology plan and state enterprise architecture; and
(G)
Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.
Amended by Act 2019, No. 910,§ 6269, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6268, eff. 7/1/2019.
Acts 1977, No. 884, § 6; A.S.A. 1947, § 5-1406; Acts 1997, No. 914, § 6; 2001, No. 1722, § 5; 2003, No. 1627, § 12; 2007, No. 751, § 14; 2009, No. 648, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129) › Section 25-4-108 - Division of Information Systems - Working groups

(a)
The Director of the Division of Information Systems may appoint working groups as necessary for specific purposes related to information technology coordination.
(b)
Working group membership shall be determined by the director.
(c)
Each working group shall establish a timeline for completion of its charge to accomplish performance-driven results.
(d)
Working groups shall meet at least quarterly to achieve their assigned charges.
Amended by Act 2019, No. 910,§ 6270, eff. 7/1/2019.
Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 8; 2005, No. 1999, § 4; 2007, No. 751, § 16.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129) › Section 25-4-109 - Information technology centers

(a)
The Division of Information Systems is authorized to establish, maintain, and operate information technology centers and, in connection therewith, to rent, purchase, install, operate, and maintain information technology for state agencies as authorized in this chapter.
(b)
The division is authorized to enter into contracts or agreements with state agencies for the purpose of providing information technology.
(c)
State agencies are authorized to enter into any contracts with the division or its successor that may be necessary or desirable to effectuate the purposes and policies of this chapter or for maximum utilization of facilities and services that are the subject of this chapter.
(d)
Agencies shall use the core information technology infrastructure.
(e)
The division is authorized to enter into agreements and contracts with public utilities for telecommunications service.
(f)
The information technology centers operated by the division shall be made available to all state agencies that fall within economical and feasible boundaries.
(g)
Agencies shall use project management for designated activities defined as a project.
Amended by Act 2019, No. 910,§ 6272, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6271, eff. 7/1/2019.
Acts 1977, No. 884, § 8; 1979, No. 820, § 2; 1985, No. 463, § 1; A.S.A. 1947, § 5-1408; Acts 1997, No. 914, § 9; 2001, No. 1722, § 6; 2005, No. 1999, § 5.