Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 43 - CABINET-LEVEL DEPARTMENTS OF THE EXECUTIVE BRANCH (§§ 25-43-101 — 25-43-1605) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-43-101 — 25-43-112) › Section 25-43-105 - Cabinet-level department transfers

(a)
The administrative functions of a state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department into which the state entity is transferred.
(b)
A state entity subject to a cabinet-level department transfer of the state entity's administrative functions under this chapter shall make available to the cabinet-level department all records of the administrative functions of the state entity, unless otherwise provided by law.
(c)
(1)
The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be considered employees of the cabinet-level department.
(2)
The job descriptions, duties, salaries, and benefits of the employee positions shall be determined by the secretary of the cabinet-level department as consistent with Arkansas law, unless otherwise provided by law.
(3)
The employees of a state entity subject to a cabinet-level department transfer under this chapter shall be compensated in accordance with the Uniform Classification and Compensation Act, §
21-5-201
et seq., except as otherwise provided by law.
(4)
The programs and positions funded by special funds allocated by law to a state entity subject to a cabinet-level department transfer under this chapter shall continue to be used for the designated purposes of the programs and positions.
(5)
This section does not reduce any right that an employee of a state entity transferred subject to a cabinet-level department transfer under this chapter has under any civil service or merit system.
(d)
A cabinet-level department shall provide all administrative support, employment needs, and staff to carry out the orders, rules, regulations, directives, and standards promulgated or issued by the state entities subject to a cabinet-level department transfer under this chapter, unless otherwise provided by law.
(e)
A state entity subject to a cabinet-level department transfer under this chapter shall be administered under the direction and supervision of the cabinet-level department but shall otherwise continue to exercise the stated statutory authority, powers, duties, and functions as exercised before the cabinet-level department transfer, unless otherwise provided by law, including without limitation:
(1)
The promulgation of rules;
(2)
The collection of fees;
(3)
The licensing, certification, or registration authority over designated occupations; and
(4)
The creation of programs unless otherwise provided by law.
(f)
(1)
Any revenue, including without limitation cash funds, special revenue, trust fund income, federal grants, aid, reimbursements, nonrevenue receipts, and other moneys, securities and investments held in accounts by a state entity subject to a cabinet-level department transfer under this chapter, including without limitation unexpended balances that may be carried forward:
(A)
Shall not be transferred to the cabinet-level department;
(B)
Shall continue to be held in the accounts; and
(C)
Shall be used solely for the purposes for which the revenue was collected as provided by law.
(2)
Revenue under subdivision (f)(1) of this section includes revenue regardless of when collected, including without limitation revenue collected after July 1, 2019.
(g)
(1)
Except as provided in subdivision (g)(2) of this section, all records, employees, unexpended balances of state appropriations or state allocations, and functions of budgeting and purchasing of a state entity subject to a cabinet-level department transfer under this chapter are transferred to the cabinet-level department.
(2)
All records pertaining to bonds issued by a state entity subject to a cabinet-level department transfer under this chapter shall remain with the state entity subject to a cabinet-level department transfer under this chapter.
(h)
(1)
All real property owned in fee simple by a state entity subject to a cabinet-level department transfer under this chapter shall remain in the name of the state entity subject to a cabinet-level department transfer under this chapter, to be administered by the cabinet-level department.
(2)
(A)
Except as otherwise provided in subdivision (h)(2)(B) or (h)(2)(C) of this section, all other property of the state entity subject to a cabinet-level department transfer under this chapter, including without limitation real property not subject to subdivision (h)(1) of this section, personal property, fixtures, contracts, and assignable leases, shall be transferred to the cabinet-level department.
(B)
Any property constructed using special or cash revenue of a state entity subject to a cabinet-level department transfer under this chapter shall remain the property of the state entity subject to a cabinet-level department transfer under this chapter.
(C)
Contracts, instruments, or securities pertaining to or made in connection with the issuance of bonds or financing of programs shall not be transferred to the cabinet-level department by a state entity subject to a cabinet-level department transfer under this chapter.
(i)
A state entity subject to a cabinet-level department transfer under this chapter may continue to use all remaining stationery, branded material, or other similar items until the stationery, branded material, or other similar items are expended.
(j)
(1)
A state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall continue as a public body politic and corporate.
(2)
Bonds or other obligations of a state entity subject to a cabinet-level department transfer under this chapter currently designated as a public body politic and corporate shall:
(A)
Continue to state on their face that such bonds are obligations only of the state entity subject to a cabinet-level department transfer under this chapter; and
(B)
In no event constitute:
(i)
An indebtedness of the State of Arkansas;
(ii)
An indebtedness for which the faith and credit of the State of Arkansas or any of its revenue are pledged; or
(iii)
A secured lien on or a security interest in property of the state.
Added by Act 2019, No. 910,§ 2, eff. 7/1/2019.