reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 18 - PUBLIC RECORDS (§§ 25-18-101 — 25-18-703) › Subchapter 7 - ELECTRONIC RECORDS AND SIGNATURES (§§ 25-18-701 — 25-18-703) › Section 25-18-703 - State agency standards and policies

A state agency may use the standards and policies developed by the Director of the Division of Information Systems under §
25-18-702
, or it may develop its own standards and policies consistent with the requirements established in §
25-18-702(b)
.
Amended by Act 2019, No. 910,§ 6307, eff. 7/1/2019.
Acts 2007, No. 722, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-101 - Title

This chapter shall be known and cited as the "Freedom of Information Act of 1967".
Acts 1967, No. 93, § 1; A.S.A. 1947, § 12-2801.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-102 - Legislative intent

It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials.
Acts 1967, No. 93, § 2; A.S.A. 1947, § 12-2802.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-104 - Penalty

Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor.
Acts 1967, No. 93, § 7; A.S.A. 1947, § 12-2807; Acts 1987, No. 49, § 3; 2005, No. 1994, § 413.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-107 - Appeal from denial of rights - Attorney's fees

(a)
Any citizen denied the rights granted to him or her by this chapter may appeal immediately from the denial to the Pulaski County Circuit Court or to the circuit court of the residence of the aggrieved party, if the State of Arkansas or a department, agency, or institution of the state is involved, or to any of the circuit courts of the appropriate judicial districts when an agency of a county, municipality, township, or school district, or a private organization supported by or expending public funds, is involved.
(b)
Upon written application of the person denied the rights provided for in this chapter, or any interested party, it shall be mandatory upon the circuit court having jurisdiction to fix and assess a day the petition is to be heard within seven (7) days of the date of the application of the petitioner, and to hear and determine the case.
(c)
Those who refuse to comply with the orders of the court shall be found guilty of contempt of court.
(d)
(1)
In any action to enforce the rights granted by this chapter, or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who, after filing suit, has obtained from the defendant a significant or material portion of the public information he or she requested, unless the court finds that the position of the defendant was substantially justified.
(2)
If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.
(e)
(1)
Notwithstanding subsection (d)(1) of this section, the court shall not assess reasonable attorney's fees or other litigation expenses reasonably incurred by a plaintiff against the State of Arkansas or a department, agency, or institution of the state.
(2)
(A)
A plaintiff who substantially prevailed in an action under this section against the State of Arkansas or a department, agency, or institution of the state may file a claim with the Arkansas State Claims Commission to recover reasonable attorney's fees and other litigation expenses reasonably incurred.
(B)
A claim for reasonable attorney's fees and litigation expenses reasonably incurred in an action against the State of Arkansas or a department, agency, or institution of the state shall be filed with the commission pursuant to §
19-10-201
et seq. within sixty (60) days of the final disposition of the appeal under subsection (a) of this section.
Amended by Act 2021, No. 572,§ 2, eff. 7/28/2021.
Acts 1967, No. 93, § 6; A.S.A. 1947, § 12-2806; Acts 1987, No. 49, § 2; 2009, No. 440, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-108 - Information for public guidance

(a)
Each state agency, board, and commission shall prepare and make available:
(1)
A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records;
(2)
A list and general description of its records, including computer databases;
(3)
(A)
Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions.
(B)
(i)
Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making.
(ii)
Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section.
(iii)
Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section.
(iv)
Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result;
(4)
All documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law; and
(5)
Copies of all records, regardless of medium or format, released under §
25-19-105
which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records.
(b)
(1)
All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet.
(2)
It shall be a sufficient response to a request to inspect or copy the materials that they are available on the internet at a specified location, unless the requester specifies another medium or format under §
25-19-105(d)(2)(B)
.
(c)
(1)
An entity that is subject to this chapter that is not included in subsection (a) of this section may opt in to any provision under subdivisions (a)(1)-(5) of this section through ordinance or resolution enacted by its governing body.
(2)
The ordinance or resolution under subdivision (c)(1) of this section shall comply with subdivision (b)(1) of this section.
Amended by Act 2017, No. 1107,§ 2, eff. 4/7/2017.
Acts 2001, No. 1653, § 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-109 - Special requests for electronic information

(a)
(1)
At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible.
(2)
Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the data as requested.
(b)
(1)
If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by §
25-19-105(d)(3)
.
(2)
The charge for personnel time shall not exceed the salary of the lowest paid employee or contractor who, in the discretion of the custodian, has the necessary skill and training to respond to the request.
(c)
The custodian shall provide an itemized breakdown of charges under subsection (b) of this section.
Acts 2001, No. 1653, § 4.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-110 - Exemptions

(a)
Beginning July 1, 2009, in order to be effective, a law that enacts a new exemption to the requirements of this chapter or that substantially amends an existing exemption to the requirements of this chapter shall state that the record or meeting is exempt from the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
For purposes of this section:
(1)
An exemption from the requirements of this chapter is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records; and
(2)
An exemption from the requirements of this chapter is not substantially amended if the amendment narrows the scope of the exemption.
Acts 2009, No. 184, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-111 - Arkansas Freedom of Information Task Force

(a)
(1)
There is created the Arkansas Freedom of Information Task Force for the purpose of reviewing, evaluating, and approving proposed amendments to this chapter.
(2)
No later than the first day of November in each even-numbered year preceding a regular legislative session, the task force shall:
(A)
Complete a study of proposed exemptions from or additions to this chapter; and
(B)
Report to the General Assembly its recommendations concerning proposed exemptions from or additions to this chapter.
(b)
(1)
The task force shall consist of nine (9) members as follows:
(A)
One (1) member appointed by the Governor;
(B)
One (1) member appointed by the President Pro Tempore of the Senate;
(C)
One (1) member appointed by the Speaker of the House of Representatives;
(D)
One (1) member appointed by the Arkansas Press Association, Inc.;
(E)
One (1) member appointed by the Arkansas Freedom of Information Coalition;
(F)
One (1) member appointed by the Arkansas Pro Chapter of the Society of Professional Journalists;
(G)
One (1) member appointed by the Arkansas Broadcasters Association;
(H)
One (1) member appointed by the Association of Arkansas Counties; and
(I)
One (1) member appointed by the Arkansas Municipal League.
(2)
(A)
Each member of the task force shall serve a term of four (4) years.
(B)
A member of the task force shall not serve more than two (2) terms.
(3)
A vacancy on the task force shall be filled in the manner of the original appointment.
(4)
The task force shall elect from its membership:
(A)
A chair; and
(B)
Other officers deemed necessary by the task force.
(c)
(1)
Five (5) members of the task force shall constitute a quorum for the purpose of transacting business.
(2)
A majority vote of the total membership of the task force is required for any action of the task force.
(d)
The members of the task force shall meet at their own expense and shall not be entitled to reimbursement for mileage or per diem.
(e)
(1)
The initial members of the task force shall be appointed within thirty (30) days of August 1, 2017.
(2)
(A)
The President Pro Tempore of the Senate shall call the first meeting of the task force, which shall occur within sixty (60) days of August 1, 2017.
(B)
The task force shall begin its review under subdivision (a)(2) of this section within thirty (30) days of the call of the first meeting.
Added by Act 2017, No. 923,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 19 - FREEDOM OF INFORMATION ACT (§§ 25-19-101 — 25-19-112) › Section 25-19-112 - Audio media, visual media, and audiovisual media - Findings - Intent - Law enforcement

(a)
The General Assembly finds that:
(1)
The allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is substantial; and
(2)
The uniform assessment of costs to defray and recover the allocation of time of trained law enforcement personnel, dispatchers, and detention personnel toward fulfilling requests for copies of audio media, visual media, and audiovisual media is necessary.
(b)
It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by state and local law enforcement agencies and detention centers.
(c)
(1)
A state, county, municipal, school, college, or university law enforcement agency, dispatch center, public safety answering point, jail, detention center, or electronic record provider may charge for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, and audiovisual media as provided under this section.
(2)
A request for audio media, visual media, and audiovisual media that:
(A)
Requires three (3) hours or less of personnel and equipment time to fulfill the request shall be provided at no charge:
(i)
Except for the cost of reproduction of the media; or
(ii)
Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding thirty-day period;
(B)
Requires more than three (3) hours of personnel or equipment time to fulfill the request shall be charged at a rate that does not exceed twenty dollars ($20.00) per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor; and
(C)
Is estimated to require more than three (3) hours of personnel or equipment time to fulfill the request may be required to be prepaid.
(3)
A request for audio media, visual media, and audiovisual media shall be sufficiently specific to enable the custodian to locate the requested audio media, visual media, and audiovisual media with reasonable effort.
(4)
An electronic record provider that charges for costs under this section shall provide a copy of the invoice to the entity required to maintain the audio media, visual media, or audiovisual media.
Added by Act 2021, No. 778,§ 3, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-101 - Title

This chapter may be cited as the "Interlocal Cooperation Act".
Acts 1967, No. 430, § 2; A.S.A. 1947, § 14-902.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-102 - Purpose

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
Acts 1967, No. 430, § 1; A.S.A. 1947, § 14-901.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-105 - Agreements for joint or cooperative action - Filing - Interstate compacts - Liability for damages

(a)
Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county clerk and with the Secretary of State.
(b)
(1)
In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest.
(2)
(A)
The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein.
(B)
The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.
Acts 1967, No. 430, § 5; A.S.A. 1947, § 14-905.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-106 - Agreements for joint or cooperative action - Submission to and approval by state officer or agency controlling services or facilities

(a)
In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a condition precedent to its entry into force, shall be submitted to the state officer or agency having the power of control and shall be approved or disapproved by him or her or it as to all matters within his or her or its jurisdiction in the same manner and subject to the same requirements governing the action of the Attorney General pursuant to §
25-20-104(f)
.
(b)
This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the Attorney General.
Acts 1967, No. 430, § 6; A.S.A. 1947, § 14-906.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-107 - Appropriation of funds - Supplying of personnel or services

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing personnel or services therefor which may be within its legal power to furnish.
Acts 1967, No. 430, § 7; A.S.A. 1947, § 14-907.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-20-101 — 25-20-108) › Section 25-20-108 - Contract for services from another agency - Requirements - Limitations

(a)
Any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity, or undertaking which each of the public agencies entering into the contract is authorized by law to perform alone, provided that the contract shall be authorized by the governing body of each party to the contract. The contract shall set forth fully the purpose, powers, rights, objectives, and responsibilities of the contracting parties.
(b)
However, nothing in this chapter authorizes or shall be construed to authorize any public agency to enter into any contract, agreement, or undertaking with any other public agency to purchase, condemn, or otherwise acquire any plant, property, facilities, or business owned or operated by any regulated public utility or pipeline company or to jointly construct or operate any such plant, property, or facility.
Acts 1967, No. 430, § 8; A.S.A. 1947, § 14-908.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-202 - Board of directors - Executive director

(a)
(1)
(A)
Each public body corporate and politic shall be administered and governed by a board of directors, with each director residing within the jurisdiction of the public agency which he or she represents.
(B)
Each director shall be appointed by the governing body of the public agency which he or she represents, with all vacancies being likewise filled within forty-five (45) days.
(2)
(A)
The directors shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties.
(B)
No director may serve more than six (6) consecutive years.
(3)
Before entering upon their duties, the directors shall take and subscribe to an oath of office swearing to discharge faithfully their duties in the manner provided by law.
(b)
(1)
The board of directors shall appoint a paid executive director, who shall be in charge of the daily operations of the public body and shall be responsible for submitting a budget to the board of directors for approval and the hiring, dismissal, and compensation of other staff.
(2)
The board of directors shall have final approval of all budgets.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-203 - Powers

(a)
Unless its application provides otherwise, each public body shall have the power to:
(1)
Have perpetual succession;
(2)
Maintain such offices as it may deem appropriate;
(3)
Execute and perform contracts;
(4)
Apply for and receive permits, licenses, certificates, and approvals as may be necessary and construct, maintain, and operate facilities in accordance therewith;
(5)
Employ the services of professionals;
(6)
Purchase insurance;
(7)
Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, or otherwise acquire, dispose of, or deal with, real or personal property or any legal or equitable interest therein in its own name;
(8)
Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any taxes levied pursuant to any authority granted by the Arkansas Constitution or statutes, and amendments thereto, and any proceeds from the sale of bonds;
(9)
Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes, in the manner prescribed in §§
18-15-1202
-
18-15-1207
or in the manner provided by any other statutory provisions for the exercise of the power of eminent domain; and
(10)
Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter.
(b)
A public body corporate and politic created as provided by this subchapter shall constitute an independent legal entity, and, notwithstanding any other provision of state law or any ordinance, resolution, or other action of any participating public agency to the contrary, none of the powers granted to a public body under the provisions of this subchapter or in its application for incorporation shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-204 - Tax exempt status of property and income

(a)
Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instrumentality of the participating public agencies.
(b)
Accordingly, all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-205 - Immunity

(a)
This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies.
(b)
Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-206 - Construction

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes. To this end it shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, equipping, maintenance, operation, leasing, encumbering, or disposition.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 2 - PUBLIC BODIES CORPORATE AND POLITIC (§§ 25-20-201 — 25-20-207) › Section 25-20-207 - Withdrawal

(a)
(1)
If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interest of the public agency to withdraw from the public body and give notice thereof to all directors of the public body and to the mayor, county judge, president, chair, or other chief executive of the governing body of each of the other public agencies.
(2)
Each such governing body shall have ninety (90) days in which to determine, by ordinance or resolution, or otherwise pursuant to law, of the governing body, whether to dissolve the public body or continue without the withdrawing public agency.
(b)
The notice of withdrawal shall become effective upon the earlier of:
(1)
The date each public agency participating in the public body makes its determination, as provided in subsection (a) of this section; or
(2)
The expiration of ninety (90) days.
Acts 1995, No. 813, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-301 - Title

This subchapter may be referred to and cited as the "Consolidated Waterworks Authorization Act".
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-303 - Contributions of public agency properties

(a)
(1)
Participating public agencies are authorized to contribute to a public body created under this subchapter such real and personal property of the participating public agencies as the participating public agencies shall deem necessary or appropriate to the ownership and operation of a consolidated waterworks system by the public body.
(2)
However, any contributions of reserve funds held in trust under §
14-73-101
et seq. shall be made on the condition that the funds may be used only for the purposes described in the trust agreement and until so used shall remain in a trust fund complying with the requirements of §
14-73-101
et seq.
(3)
Contributions of properties under this section shall be upon such terms and conditions and for such consideration as the participating public agencies may determine to be just and proper, it being within the participating public agencies' discretion to contribute property with or without monetary consideration.
(b)
Participating public agencies shall have the power to execute any and all contracts, leases, deeds, bills of sale, easements, assignments, and other instruments of conveyance as may be required or convenient to exercise the powers granted in this section.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-304 - Board of commissioners

(a)
(1)
Each public body created under this subchapter shall have a board of commissioners consisting of at least three (3) commissioners, with each commissioner residing within the jurisdiction of one (1) of the participating public agencies and otherwise meeting any residency requirements set forth in the public body's certificate of incorporation.
(2)
Each commissioner shall be appointed or elected in the manner set forth in the public body's certificate of incorporation and shall serve a term of office as specified in the interlocal agreement.
(b)
The commissioners shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties.
(c)
Before entering upon their duties, the commissioners shall take and file with the Secretary of State an oath of office swearing to discharge faithfully their duties in the manner provided by law.
(d)
(1)
The board of commissioners shall meet and organize by electing one (1) of their number as chair, one (1) as vice chair, one (1) as secretary, and one (1) as treasurer, and those officers shall be elected annually thereafter in like manner.
(2)
The duties of secretary and treasurer may be performed by the same commissioner.
(3)
The secretary may cause copies to be made of all minutes and other records and documents of the public body. The secretary may give certificates under the official seal of the public body to the effect that the copies are true copies, and all persons dealing with the public body may rely upon the certificates.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-305 - Powers and duties of board of commissioners

All powers of any public body created under this subchapter shall be exercised by, or under the authority of, and the business and affairs of the public body managed under the direction of, its board of commissioners, subject to any limitation set forth in the public body's certificate of incorporation or interlocal agreement. The duties of the board of commissioners shall include, but not be limited to:
(1)
Appointing a chief executive officer, who shall not be a member of the board of commissioners, and shall set compensation and other terms of employment for the chief executive officer;
(2)
Approving all budgets of the public entity;
(3)
Adopting such rules and bylaws as the board of commissioners may deem necessary and expedient for the proper ownership and operation of the consolidated waterworks system, and altering, changing, or amending the rules and bylaws at its discretion; and
(4)
Performing such other duties as shall be set forth in the interlocal agreement.
Amended by Act 2019, No. 315,§ 2929, eff. 7/24/2019.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-308 - Out-of-area sales and services

(a)
Any public body created under this subchapter may:
(1)
Extend its distribution system and provide water, wastewater service, storm water service, and other goods and services to any consumer located outside the jurisdictions of the public body's participating public agencies; and
(2)
Sell surplus water to any municipality, improvement district, or other entity that sells and distributes water subject to regulation of the Department of Health, whether the municipality, improvement district, or other entity is located within or outside the jurisdictions of the public body's participating agencies.
(b)
Sales of water, wastewater service, storm water service, and other goods and services authorized under this section may be made at rates and on other terms as the board of commissioners deems just and reasonable, and the rates need not be the same as the rates charged customers within the jurisdictions of the public body's participating public agencies.
Amended by Act 2019, No. 613,§ 5, eff. 7/24/2019.
Amended by Act 2017, No. 711,§ 8, eff. 3/27/2017.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-309 - Eminent domain

(a)
Any public body created under this subchapter may acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes, in the manner prescribed in §
18-15-301
et seq. or §
18-15-401
et seq., or in the manner provided by any other statutory provisions under which one (1) of the public body's participating public agencies may exercise a power of eminent domain.
(b)
In exercising the power of eminent domain, the public body shall have the right by its agents or employees to peacefully enter upon any lands, structures, or rights-of-way to make surveys, tests, and measurements thereon, but is liable for any damage that may result by reason of its acts.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-311 - Lien in favor of bondholders

(a)
The payment of the principal of bonds issued under this subchapter and the interest thereon may be secured by a lien on and security interest in the consolidated waterworks system or any specified portion of the consolidated waterworks system.
(b)
It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.
(c)
Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this subchapter may enforce either at law or in equity the mortgage lien and may compel by proper suit the performance of the duties of the officers of the issuing public body set forth in this subchapter.
(d)
If there be default in the payment of the principal of or interest on any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer the consolidated waterworks system or the specified portion of the consolidated waterworks system pledged to the payment of the bonds on behalf of the public body, with power to charge and collect rates sufficient to provide for the payment of the bonds and the interest thereon and for the payment of the operating expenses and to apply the income and revenues in conformity with this subchapter and the resolution or indenture providing for the issuance of the bonds.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-312 - Refunding bonds

(a)
Bonds may be issued for the purpose of refunding any obligations issued under this subchapter or otherwise. The refunding bonds may be combined with bonds issued under the provisions of §
25-20-310
into a single issue.
(b)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof either at maturity or upon any authorized redemption date.
(c)
(1)
All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.
(2)
The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-313 - Securing deposit of public funds

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-314 - No personal liability

No commissioner or officer of the public body shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-315 - Recreational use of property

Any public body created under this subchapter shall have the same powers as a municipally owned waterworks system to use its properties for recreational purposes, subject to any restrictions applying to a municipally owned waterworks system, as set forth in §
14-234-401
et seq. Consequently, the board of commissioners of a public body created under this subchapter shall be an "operating authority" as defined in §
14-234-401
, and any summons issued under §
14-234-401
et seq. shall be returnable to the municipal court of any municipality that is a participating public agency or is a municipality located within the jurisdiction of any participating public agency.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-316 - Zoning exemption

Any public body maintaining facilities in an area zoned subsequent to the construction of the facilities may add to, alter, expand, or change the facilities upon that land, or upon lands immediately adjacent thereto, without regard to the zoning regulation for the area, if the board of commissioners deems the action necessary for the proper operation of its consolidated waterworks system.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-317 - Tax exempt status of property owned and income

Each public body created under this subchapter will be performing functions and will be a public instrumentality of the participating public agencies. Accordingly, all properties at any time owned by the public body, and the income therefrom, shall be exempt from all taxation in the state.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-318 - Immunity

This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. The immunity shall extend also to any public body created under this subchapter and to each commissioner, officer, and employee thereof.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-319 - Franchise fees

(a)
Any participating public agency that is an Arkansas municipality or county, acting by ordinance or resolution of its governing body, may require a public body created under this subchapter to pay a reasonable franchise fee, upon which the public body may be permitted to occupy the streets, highways, or other public places within the jurisdiction of the public agency. The ordinance or resolution shall be deemed prima facie reasonable, provided that no franchise fee shall exceed ten percent (10%) of the public body's operating revenues that are attributable to gross income from water sales within the public agency's jurisdiction, unless agreed to by the public body or approved by the voters of the public agency.
(b)
A participating public agency shall not require a public body created under this subchapter to pay a franchise fee under authority of other law.
(c)
Any franchise fees charged under authority of this section shall be in addition to payments in lieu of taxes permitted by this subchapter.
Amended by Act 2019, No. 241,§ 3, eff. 7/24/2019.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-320 - Payments in lieu of taxes

(a)
(1)
A public body created under this subchapter shall make annual payments to the general fund of each participating public agency that is an Arkansas municipality or county, in lieu of taxes, in return for police, fire, and health protection and in return for administrative and other services furnished by the public agency. The payments shall be an operation and maintenance expense of the public body.
(2)
In each calendar year the payments shall equal the amount the public agency would have received from the public body as real property taxes for the preceding calendar year, if the public body's real property located in the public agency's jurisdiction, whether owned or leased by the public body, had been privately owned and subject to tax by the public agency. For purposes of this computation, the public body's real property shall be deemed to have an assessed value equal to twenty percent (20%) of book value as reflected by the public body's usual accounting procedures.
(b)
Payments in lieu of taxes made under authority of this section shall be in addition to any franchise fees permitted by this subchapter.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-321 - Annual report and audit

(a)
Within the first one hundred eighty (180) days of each calendar year, each public body created under this subchapter shall make a written report to the governing bodies of the participating public agencies concerning its activities for the preceding calendar year.
(b)
Each report shall set forth a complete operating and financial statement covering its operation during the year, including, without limitation, an audit of the public body's revenues and expenses performed by an independent certified public accountant.
Amended by Act 2017, No. 711,§ 12, eff. 3/27/2017.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-322 - Provisions supplemental and controlling

This subchapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws.
Acts 2001, No. 982, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 20 - INTERLOCAL COOPERATION ACT (§§ 25-20-101 — 25-20-524) › Subchapter 3 - CONSOLIDATED WATERWORKS SYSTEMS (§§ 25-20-301 — 25-20-324) › Section 25-20-323 - Construction

This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purposes, and to this end it shall not be necessary to comply with the provisions of other laws relating to the issuance and sale of the bonds authorized by this subchapter. This subchapter shall be construed as an additional and alternative method for the issuance and sale of bonds.
Acts 2001, No. 982, § 1.