reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 29 - ARKANSAS DEAF AND HEARING IMPAIRED TELECOMMUNICATIONS SERVICES CORPORATION (§§ 25-29-101 — 25-29-112) › Section 25-29-108 - Articles of incorporation

Within thirty (30) days after the first meeting of the Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation, it shall cause articles of incorporation be filed with the Secretary of State.
Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.
Acts 1997, No. 1080, § 8.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 29 - ARKANSAS DEAF AND HEARING IMPAIRED TELECOMMUNICATIONS SERVICES CORPORATION (§§ 25-29-101 — 25-29-112) › Section 25-29-109 - Purchase of telecommunications services

The purchase of telecommunications services by the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall be by competitive bid using procedures substantially similar to the Arkansas Procurement Law, §
19-11-201
et seq.
Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.
Acts 1997, No. 1080, § 9.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 29 - ARKANSAS DEAF AND HEARING IMPAIRED TELECOMMUNICATIONS SERVICES CORPORATION (§§ 25-29-101 — 25-29-112) › Section 25-29-110 - Annual report

The Board of Directors of the Arkansas Deaf and Hard of Hearing Telecommunications Services Corporation shall transmit to the Legislative Council, the Secretary of the Department of Commerce, and the Arkansas Public Service Commission an annual report of its activities. The annual report shall be filed by March 31 of each year.
Amended by Act 2021, No. 84,§ 21, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 622, eff. 7/1/2019.
Acts 1997, No. 1080, § 10.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 29 - ARKANSAS DEAF AND HEARING IMPAIRED TELECOMMUNICATIONS SERVICES CORPORATION (§§ 25-29-101 — 25-29-112) › Section 25-29-111 - Section 12 companies

(a)
The provisions of this section apply only to telecommunications corporations with fewer than ten thousand (10,000) access lines which have elected to become Section 12 companies pursuant to §
23-17-412
.
(b)
(1)
All telecommunications companies currently making contributions which affect the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, due to prior review shall not be required to continue making the contributions effective upon the companies' election as Section 12 companies, pursuant to §
23-17-412
.
(2)
Provided, if the companies discontinue making contributions to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, one percent (1%) of contributions that would have been made to the Arkansas Intrastate Carrier Common Line Pool (AICCLP) or the Arkansas IntraLATA Toll Pool, or both, for ten (10) months will be paid for start-up costs to the corporation provided for in this chapter.
Acts 1997, No. 1080, § 11.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 29 - ARKANSAS DEAF AND HEARING IMPAIRED TELECOMMUNICATIONS SERVICES CORPORATION (§§ 25-29-101 — 25-29-112) › Section 25-29-112 - Effect of chapter on Acts 1995, No. 501

All laws and parts of laws in conflict with this chapter are hereby repealed. However, to the extent any provisions of this chapter conflict with any provisions of Acts 1995, No. 501, the provisions of Acts 1995, No. 501, shall prevail.
Acts 1997, No. 1080, § 14.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-103 - [Repealed]

Repealed by Act 2023, No. 648,§ 4, eff. 8/1/2023.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-104 - Coordination with State Board of Education and Division of Elementary and Secondary Education

The State Board of Education and the Division of Elementary and Secondary Education shall coordinate their activities to ensure that academic, workplace, and technical skills create opportunities for a strong comprehensive education regardless of the student's ultimate career choice.
Amended by Act 2019, No. 910,§ 2389, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-105 - Coordination between Division of Higher Education, Division of Elementary and Secondary Education, Office of Skills Development, and Career Education and Workforce Development Board

The Career Education and Workforce Development Board, the Division of Higher Education, the Division of Elementary and Secondary Education, and the Office of Skills Development shall coordinate their activities to ensure that secondary and postsecondary career preparation is connected to create opportunities for a strong comprehensive education regardless of the student's ultimate career choice.
Amended by Act 2023, No. 648,§ 5, eff. 8/1/2023.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-106 - Division of Career and Technical Education

There is created the Division of Career and Technical Education within the Department of Education.
Amended by Act 2019, No. 910,§ 2390, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Amended by Act 2013, No. 1438,§ 1, eff. 8/16/2013.
Acts 1999, No. 1323, § 58; 2009, No. 787, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-107 - Powers and duties of Division of Career and Technical Education

(a)
(1)
All personnel of the Division of Career and Technical Education shall be employed by and serve at the pleasure of the Secretary of the Department of Education.
(2)
However, this section does not reduce any rights or benefits of employees, including retirement benefits, that they had when employed by the Department of Career Education.
(b)
(1)
The authority and responsibility of the State Board of Education and the division shall include general control and supervision of all programs of vocational, technical, and occupational education in secondary institutions.
(2)
This authority shall apply to programs in:
(A)
State area vocational high school centers;
(B)
State public schools; and
(C)
Any other public educational facility or institution now in existence or hereafter established in the state with the exception of technical colleges, community colleges, universities, and colleges.
(3)
The State Board of Education shall promulgate rules to administer this section.
Amended by Act 2021, No. 545,§ 26, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 2391, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-108 - [Repealed]

Repealed by Act 2019, No. 910,§ 2392, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 1 - CAREER EDUCATION AND WORKFORCE DEVELOPMENT (§§ 25-30-101 — 25-30-109) › Section 25-30-109 - Office of Skills Development - Created - Duties

(a)
(1)
There is created within the Department of Commerce the Office of Skills Development.
(2)
(A)
The Director of the Office of Skills Development shall be appointed by the Secretary of the Department of Commerce in consultation with the Career Education and Workforce Development Board.
(B)
The director may hire personnel necessary to carry out the duties of the office.
(3)
The office shall have exclusive authority to award grants under this section.
(b)
The office shall:
(1)
(A)
Award grants to public and private organizations for the development and implementation of workforce training programs.
(B)
An organization that is awarded a grant under this section may use the grant for the training of both new and incumbent employees of businesses in this state.
(C)
As a condition for receiving a grant under this subsection, the office may require a public or private organization to provide matching funds at a percentage to be determined by the office;
(2)
Design procedures and criteria for awarding grants under this section;
(3)
Receive and review applications for grants under this section;
(4)
Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section;
(5)
Audit and inspect the records of grant recipients;
(6)
Require reports from grant recipients; and
(7)
(A)
Use available labor market information systems to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the office.
(B)
The office shall make the information contained in the labor market information system available on the office's website.
(c)
On or before October 1 of each year, the office shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the office during the preceding calendar year.
(d)
[Repealed.]
Amended by Act 2023, No. 648,§ 6, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 626, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 625, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 5, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-201 - Arkansas Rehabilitation Services

(a)
The policy and scope of Arkansas Rehabilitation Services shall be to provide increased employment of individuals with disabilities through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society.
(b)
Pursuant to that policy, rehabilitation services shall be provided to citizens throughout the state, and the rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of the state.
Amended by Act 2023, No. 182,§ 17, eff. 8/1/2023.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-202 - Scope of authority

(a)
All authorities and responsibilities defined in the Rehabilitation Act of Arkansas, §
20-79-201
et seq., shall be administered by Arkansas Rehabilitation Services under the direction of the Division of Workforce Services, except those transferred to the Division of State Services for the Blind by §
25-10-201
et seq.
(b)
Any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds transferred from the Division of Rehabilitation Services to the Department of Human Services by Acts 1985, No. 348, are hereby transferred to Arkansas Rehabilitation Services.
Amended by Act 2023, No. 182,§ 18, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 627, eff. 7/1/2019.
Amended by Act 2015, No. 892,§ 6, eff. 4/1/2015.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-203 - Powers and duties

(a)
The Division of Workforce Services, through Arkansas Rehabilitation Services, shall provide the rehabilitation services authorized by this subchapter to eligible individuals with a physical or intellectual disability and those who can benefit from vocational rehabilitation and independent living services, as determined by the agency to be eligible therefor.
(b)
In carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things:
(1)
To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise such a local agency in the administration of such part or parts;
(2)
To conduct research and compile statistics relative to the provision of services or the need of services of individuals with a disability; and
(3)
To administer the Arkansas Rehabilitation Services Forgiveness of Student Loan Program.
Amended by Act 2019, No. 910,§ 628, eff. 7/1/2019.
Acts 1999, No. 1323, § 58; 2007, No. 1207, §§ 1, 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-204 - Eligibility for retirement systems

All employees of the Arkansas Rehabilitation Services as of July 1, 1993, shall be eligible for membership in the Arkansas Public Employees' Retirement System, Arkansas Teacher Retirement System, or alternate retirement systems.
Acts 1999, No. 1323, § 58.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-205 - Office facilities

The Building Authority Division shall ensure that all offices of Arkansas Rehabilitation Services are exemplary models of accessibility and conform to the Americans with Disabilities Act,
42 U.S.C. § 12101
et seq., accessibility guidelines.
Amended by Act 2019, No. 910,§ 3586, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 629, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 61, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 61, eff. 7/1/2015.
Acts 1999, No. 1323, § 58; 2007, No. 186, § 12.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-206 - Arkansas Rehabilitation Services Forgiveness of Student Loan Program

(a)
There is established the Arkansas Rehabilitation Services Forgiveness of Student Loan Program to assist eligible employees of Arkansas Rehabilitation Services with the repayment of student loans.
(b)
(1)
The program shall be administered by Arkansas Rehabilitation Services.
(2)
Arkansas Rehabilitation Services shall promulgate rules regarding eligibility, payment, and program management consistent with this section.
(c)
An employee of Arkansas Rehabilitation Services is required to satisfy the following in order to be eligible for the program:
(1)
Completion of a six-month probationary period, beginning with the first day of employment with Arkansas Rehabilitation Services;
(2)
Provision of proof that the employee incurred student loan debt for purposes of obtaining a degree in the field of vocational rehabilitation, including without limitation the name and address of the student loan creditor;
(3)
Provision of proof that the student loan is unpaid at the time the employee applies for the program; and
(4)
Execution of a contract in which the employee agrees that Arkansas Rehabilitation Services is not obligated to issue further payments under the program if the employee resigns or is terminated for cause while participating in the program.
(d)
Payments under the program are made directly to the employee's student loan creditor and are subject to the following limitations:
(1)
A payment shall be issued in installments not to exceed two thousand dollars ($2,000);
(2)
An eligible employee is required to have been continually employed by Arkansas Rehabilitation Services for the two (2) years prior to issuance of an installment in order to receive the installment; and
(3)
An eligible employee may receive no more than ten thousand dollars ($10,000) or up to five (5) installments under the program.
(e)
The total payments to all employees under the program shall not exceed eighty thousand dollars ($80,000) per fiscal year.
Amended by Act 2021, No. 282,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 630, eff. 7/1/2019.
Acts 2007, No. 1207, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 30 - DEPARTMENT OF CAREER EDUCATION (§§ 25-30-101 — 25-30-207) › Subchapter 2 - ARKANSAS REHABILITATION SERVICES (§§ 25-30-201 — 25-30-207) › Section 25-30-207 - Comprehensive system of personnel development

(a)
Under The Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, a state vocational rehabilitation agency is required to establish qualified personnel standards for rehabilitation personnel, including vocational rehabilitation counselors, that are consistent with national or state-approved or recognized certification, licensing, or registration that apply to a particular profession.
(b)
(1)
In order to comply with the Rehabilitation Act of 1973,
29 U.S.C. § 701
et seq., as it existed on January 1, 2023, and state plan requirements, Arkansas Rehabilitation Services is granted a general waiver of the Financial Management Guide, R
1-19-4
-522 Continuing Professional Education.
(2)
The waiver granted under subdivision (b)(1) of this section allows Arkansas Rehabilitation Services to provide college level coursework in a degree program for an eligible employee selected by Arkansas Rehabilitation Services.
(c)
This section covers any formula and discretionary grants funded by the United States Department of Education Rehabilitation Services Administration, including without limitation the following:
(1)
The vocational rehabilitation program;
(2)
Supported employment;
(3)
Independent living; and
(4)
The staff development grant.
(d)
This section applies to federal financial participation, state general revenue share, and program income.
Added by Act 2023, No. 283,§ 14, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 31 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-31-101 — 25-31-105) › Section 25-31-101 - Short title

This chapter shall be known and may be cited as the "Arkansas Electronic Records and Signatures Act".
Acts 1999, No. 718, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 31 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-31-101 — 25-31-105) › Section 25-31-102 - Construction

The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce. The Secretary of State shall develop guidelines for the use of electronic signatures and provide a register of electronic signature verification companies.
Acts 1999, No. 718, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 31 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-31-101 — 25-31-105) › Section 25-31-103 - Definitions

As used in this chapter the term:
(1)
"Electronic signature" means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is:
(A)
Unique to the person using it;
(B)
Capable of verification;
(C)
Under the sole control of the person using it; and
(D)
Linked to data in such a manner that if the data are changed the electronic signature is invalidated;
(2)
"Electronic signature verification company" means a company providing verification of an electronic signature. An electronic signature verification company shall obtain a surety bond in the amount of two hundred fifty thousand dollars ($250,000);
(3)
"Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions; and
(4)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record" includes both electronic records and printed, typewritten, and tangible records.
Acts 1999, No. 718, § 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 31 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-31-101 — 25-31-105) › Section 25-31-104 - Agreement to electronic record or signature

(a)
Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is:
(1)
Executed or adopted with an electronic signature; and
(2)
Witnessed or notarized using an electronic signature, when that acceptance or agreement is otherwise required to be witnessed or notarized.
(b)
When a person or other entity accepts or agrees to be bound by an electronic record as provided in this section, then any rule of law which requires:
(1)
A record of that type to be in writing, shall be deemed satisfied;
(2)
A signature, shall be deemed satisfied; and
(3)
A witness or notary, shall be deemed satisfied by the electronic signature of the witness or notary.
Acts 1999, No. 718, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 31 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-31-101 — 25-31-105) › Section 25-31-105 - Unauthorized use of electronic signature

(a)
A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such an unauthorized use, provided that the use of the electronic signature in an unauthorized fashion was negligent, reckless, or intentional:
(1)
Actual damages;
(2)
Equitable relief, including, but not limited to, an injunction or restitution of money or property;
(3)
Punitive damages under the circumstances set forth in Arkansas law;
(4)
Reasonable attorney's fees and expenses; and
(5)
Any other relief which the court deems proper.
(b)
Nothing in this section shall preclude criminal sanctions.
(c)
Nothing in this section shall be deemed to waive the sovereign immunity otherwise provided by law to the state or any of its political subdivisions.
Acts 1999, No. 718, § 5.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-101 - Short title

This chapter may be cited as the "Uniform Electronic Transactions Act".
Acts 2001, No. 905, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-103 - Scope

(a)
Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b)
This chapter does not apply to a transaction to the extent it is governed by:
(1)
a law governing the creation and execution of wills, codicils, or testamentary trusts; and
(2)
the Uniform Commercial Code other than §§
4-1-107
and
4-1-206
, Chapter 2, and Chapter 2A.
(c)
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).
(d)
A transaction subject to this chapter is also subject to other applicable substantive law.
(e)
This chapter is an enactment of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999 and therefore, pursuant to Section 102(a) of the Electronic Signatures in Global and National Commerce Act, modifies, limits, or supercedes the provisions of Section 101 of the Electronic Signatures in Global and National Commerce Act to the extent therein authorized.
Acts 2001, No. 905, § 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-104 - Prospective application

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after March 19, 2001.
Acts 2001, No. 905, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-105 - Use of electronic records and electronic signatures - Variation by agreement

(a)
This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b)
This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c)
A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d)
Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e)
Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Acts 2001, No. 905, § 5.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-106 - Construction and application

This chapter must be construed and applied:
(1)
to facilitate electronic transactions consistent with other applicable law;
(2)
to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3)
to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among States enacting it.
Acts 2001, No. 905, § 6.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-107 - Legal recognition of electronic records, electronic signatures, and electronic contracts

(a)
A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b)
A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c)
If a law requires a record to be in writing, an electronic record satisfies the law.
(d)
If a law requires a signature, an electronic signature satisfies the law.
Acts 2001, No. 905, § 7.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-108 - Provision of information in writing - Presentation of records

(a)
If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b)
If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1)
The record must be posted or displayed in the manner specified in the other law.
(2)
Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law.
(3)
The record must contain the information formatted in the manner specified in the other law.
(c)
If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d)
The requirements of this section may not be varied by agreement, but:
(1)
to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)
a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
Acts 2001, No. 905, § 8.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-109 - Attribution and effect of electronic record and electronic signature

(a)
An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b)
The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Acts 2001, No. 905, § 9.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-110 - Effect of change or error

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1)
If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2)
In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A)
promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B)
takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C)
has not used or received any benefit or value from the consideration, if any, received from the other person.
(3)
If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4)
Paragraphs (2) and (3) may not be varied by agreement.
Acts 2001, No. 905, § 10.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-111 - Notarization and acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Acts 2001, No. 905, § 11.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-112 - Retention of electronic records - Originals

(a)
If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1)
accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2)
remains accessible for later reference.
(b)
A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)
A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d)
If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e)
If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f)
A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after March 19, 2001, specifically prohibits the use of an electronic record for the specified purpose.
(g)
This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Acts 2001, No. 905, § 12.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-113 - Admissibility in evidence

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Acts 2001, No. 905, § 13.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-114 - Automated transaction

In an automated transaction, the following rules apply:
(1)
A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2)
A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3)
The terms of the contract are determined by the substantive law applicable to it.
Acts 2001, No. 905, § 14.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-115 - Time and place of sending and receipt

(a)
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1)
is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)
is in a form capable of being processed by that system; and
(3)
enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b)
Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1)
it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)
it is in a form capable of being processed by that system.
(c)
Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d)
Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1)
If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2)
If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e)
An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f)
Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)
If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Acts 2001, No. 905, § 15.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-117 - Creation and retention of electronic records and conversion of written records by governmental agencies

(a)
Each governmental agency of this State shall determine whether and the extent to which it will create and retain electronic records and convert written records to electronic records.
(b)
Each state agency shall comply with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems to determine whether and the extent to which it will retain and convert written records to electronic records.
Amended by Act 2019, No. 910,§ 6318, eff. 7/1/2019.
Acts 2001, No. 905, § 17; 2007, No. 751, § 23.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-118 - Acceptance and distribution of electronic records by governmental agencies

(a)
(1)
Except as otherwise provided in §
25-32-112(f)
, each governmental agency of this state shall determine whether and the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2)
For state agencies, the determinations shall be consistent with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review from the Division of Information Systems.
(b)
To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify:
(1)
The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)
If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3)
Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4)
Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c)
Except as otherwise provided in §
25-32-112(f)
, this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.
Amended by Act 2019, No. 910,§ 6319, eff. 7/1/2019.
Acts 2001, No. 905, § 18; 2007, No. 751, § 24.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-119 - Interoperability

With respect to standards adopted pursuant to §
25-32-118
, the Department of Finance and Administration may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application.
Acts 2001, No. 905, § 19; 2007, No. 751, § 25.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-120 - Severability clause

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Acts 2001, No. 905, § 20.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 32 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 25-32-101 — 25-32-122) › Section 25-32-122 - Signatures and records secured through blockchain technology - Definitions

(a)
As used in this section:
(1)
"Blockchain distributed ledger technology" means technology that uses a distributed, decentralized, shared, and replicated ledger that is:
(A)
Either:
(i)
Public; or
(ii)
Private;
(B)
Either:
(i)
Permissioned; or
(ii)
Permissionless; and
(C)
Contains data that is:
(i)
Securely protected with cryptography;
(ii)
Immutable;
(iii)
Auditable; and
(iv)
Provides an uncensored truth;
(2)
"Blockchain technology" means a shared, immutable ledger that facilitates the process of recording one (1) or more transactions and tracking one (1) or more tangible or intangible assets in a business network; and
(3)
"Smart contract" means:
(A)
Business logic that runs on a blockchain; or
(B)
A software program that stores rules on a shared and replicated ledger and uses the stored rules for:
(i)
Negotiating the terms of a contract;
(ii)
Automatically verifying the contract; and
(iii)
Executing the terms of a contract.
(b)
A signature that is secured through blockchain technology shall be considered to be in electronic form and an electronic signature.
(c)
A record or contract that is secured through blockchain technology shall be considered to be in electronic form and an electronic record.
(d)
(1)
A smart contract shall be considered a commercial contract.
(2)
A contract that contains a smart contract term and relates to a transaction shall not be denied legal effect, validity, or enforceability.
Added by Act 2019, No. 1061,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 33 - EXECUTIVE CHIEF INFORMATION OFFICER AND CIO COUNCIL (§§ 25-33-101 — 25-33-201) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-33-101 — 25-33-102) › Section 25-33-101 - [Repealed]

Repealed by Act 2023, No. 365,§ 79, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6320, eff. 7/1/2019.
Acts 2001, No. 1042, § 1; 2007, No. 751, § 26.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 34 - ARKANSAS COMPUTER AND ELECTRONIC SOLID WASTE MANAGEMENT (§§ 25-34-101 — 25-34-111) › Section 25-34-101 - Title

This chapter shall be known and may be cited as the "Arkansas Computer and Electronic Solid Waste Management Act".
Acts 2001, No. 1410, § 1.