reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 77 - ARKANSAS EARTHQUAKE PREPAREDNESS ACT OF 1989 (§§ 12-77-101 — 12-77-107) › Section 12-77-103 - Arkansas earthquake program

(a)
(1)
The Arkansas Department of Emergency Management, Earthquake Preparedness Program, shall coordinate an earthquake program designed to protect the lives and property of persons of this state, to the fullest possible extent, from the direct effects of seismic activity affecting Arkansas as well as from secondary effects created by such occurrence.
(2)
The program shall coordinate all activities involved in mitigation and preparedness regarding seismic events. Toward that end, the program shall include but not be limited to:
(A)
Continued assessment from proper scientific authorities of the seismic risk to the state;
(B)
Training and education of state and local government officials, employees, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake;
(C)
Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from earthquakes;
(D)
Coordination of earthquake program activities with comparable agencies of the federal government and other states; and
(E)
Dissemination of information to the public pertaining to earthquake hazards, especially to Arkansans living near the New Madrid Fault, protective measures, seismic resistance in building construction, and appropriate actions to be taken before, during, and after an earthquake, and other matters the Arkansas Department of Emergency Management shall determine to be necessary or appropriate to educate, inform, and equip citizens in this state to deal with any earthquake.
(b)
In order to carry out the responsibilities provided for in this section, the program is authorized to employ such personnel as deemed necessary to the extent that funds are appropriated therefor by the General Assembly.
Acts 1989, No. 247, § 7; 1999, No. 646, §§ 40-42; 2009, No. 711, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 77 - ARKANSAS EARTHQUAKE PREPAREDNESS ACT OF 1989 (§§ 12-77-101 — 12-77-107) › Section 12-77-104 - Compliance with the Arkansas Emergency Services Act

(a)
It is the intention of the General Assembly that this chapter shall be in compliance with the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., to the extent that if this chapter or any provision of it or application thereof to any person or circumstance is held in opposition to or out of compliance with the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., then such provisions of this chapter are invalid.
(b)
However, the invalidity of a provision or provisions of this chapter shall not affect other provisions or application of this chapter which can be given effect without the invalid provision, provisions, or their application.
Acts 1989, No. 247, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 77 - ARKANSAS EARTHQUAKE PREPAREDNESS ACT OF 1989 (§§ 12-77-101 — 12-77-107) › Section 12-77-105 - Purpose

The purpose of this section and §§
12-77-106
and
12-77-107
is to:
(1)
Increase disaster preparedness in Arkansas; and
(2)
Increase earthquake preparedness in all areas along the New Madrid Fault that have significant earthquake risk but a low level of public awareness.
Acts 2009, No. 711, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 77 - ARKANSAS EARTHQUAKE PREPAREDNESS ACT OF 1989 (§§ 12-77-101 — 12-77-107) › Section 12-77-106 - Duties

The Arkansas Department of Emergency Management shall coordinate a Disaster Preparedness Program designed to protect the lives and property of Arkansas citizens in case of flooding and other disasters and create public preparedness materials that can be disseminated to the public, including without limitation:
(1)
Training and education of state and local government officials, school districts, personnel, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake;
(2)
Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from flooding; and
(3)
Coordination of the Disaster Preparedness Program activities with comparable agencies of the federal government and other states.
Acts 2009, No. 711, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 77 - ARKANSAS EARTHQUAKE PREPAREDNESS ACT OF 1989 (§§ 12-77-101 — 12-77-107) › Section 12-77-107 - Reports

(a)
The Arkansas Department of Emergency Management shall present a report on disaster preparedness including a review of the New Madrid Fault.
(b)
The department shall make recommendations for improvements to the cochairs of the Legislative Council on or before November 1 each year.
Acts 2009, No. 711, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 78 - EMERGENCY COMMUNICATIONS ACT OF 1991 (§§ 12-78-101 — 12-78-105) › Section 12-78-101 - Title

This chapter may be cited as the Emergency Communications Act of 1991.
Acts 1991, No. 554, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 78 - EMERGENCY COMMUNICATIONS ACT OF 1991 (§§ 12-78-101 — 12-78-105) › Section 12-78-102 - Policy and purpose

Because of the potential for a natural, technological, or national emergency-related disaster of catastrophic size and devastating impact requiring rapid and effective communications and warning to coordinate city, county, state, federal, and private sector emergency response personnel, equipment, and resources for the protection of lives, property, and institutions of the people of the state, and because technologically advanced state-of-the-art communications and data exchange equipment must be systematically procured, installed, and operated to ensure compatibility and effective use, it is found and declared to be necessary to provide:
(1)
For the periodic review of the statewide emergency communications system to ensure maximum operational effectiveness and recommend such improvements as may be required to keep pace with increasing emergency needs and advancing technology;
(2)
A system to review and recommend the procurement of equipment and systems to local offices of emergency services and to state, federal, and private sector emergency communications operators to ensure compatibility of equipment; and
(3)
A source of funding and administer funding made available from federal, state, and private sources to ensure prioritized, equitable, economical, and fair distribution of funding and to ensure all required fiscal controls and reviews are in compliance with appropriate state and federal guidelines.
Acts 1991, No. 554, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 78 - EMERGENCY COMMUNICATIONS ACT OF 1991 (§§ 12-78-101 — 12-78-105) › Section 12-78-103 - Definitions

As used in this chapter:
(1)
"Arkansas Department of Emergency Management" or "local office of emergency management" shall refer to:
(A)
The state agency; and
(B)
Those jurisdictions authorized under the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., for the performance of emergency and disaster mitigation, planning, response, or recovery at the state and local level, respectively; and
(2)
"Emergency warning and communications systems" shall refer to the emergency communications nets operated under the control, management, supervision, and license of the Arkansas Department of Emergency Management which may include local offices of emergency services, designated components of state or federal agencies, and duly accredited private sector organizations assigned to an emergency role under the provisions of the State of Arkansas Emergency Operations Plan.
Acts 1991, No. 554, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 78 - EMERGENCY COMMUNICATIONS ACT OF 1991 (§§ 12-78-101 — 12-78-105) › Section 12-78-104 - Management of funds

The Arkansas Department of Emergency Management shall ensure that a system to manage appropriated funds shall provide that:
(1)
Upon achieving operational status, the warning and communications shall be operated in accordance with the rules, regulations, and laws governing emergency warning and communications systems as promulgated by the Federal Communications Commission, Federal Emergency Management Agency, and the department;
(2)
Equipment shall be maintained in a continuing operational status by local offices of emergency management or the chief executive officer of the jurisdiction and by the responsible supervisor or manager of other recipients and the offices, jurisdictions, or agencies who shall provide supervision and training to those individuals designated to operate the equipment; and
(3)
Failure to maintain or operate the equipment in accordance with the minimum standards set forth in guidance by the department shall require repayment to the State Treasury that portion of the initial grant of state funds based upon a depreciation rate of fourteen percent (14%) per annum effective from the date of installation and acceptance.
Acts 1991, No. 554, § 5; 1999, No. 646, § 43.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 78 - EMERGENCY COMMUNICATIONS ACT OF 1991 (§§ 12-78-101 — 12-78-105) › Section 12-78-105 - Implementation - Equipment purchases

(a)
(1)
From funds appropriated therefor, the Division of Emergency Management shall provide to eligible local offices of emergency management and key state agencies assigned an emergency role under the State of Arkansas Emergency Operations Plan matching grants not to exceed fifty percent (50%) of the cost of the acquisition of the emergency warning and communications equipment.
(2)
The grant shall be awarded only for the acquisition of equipment for which the Director of the Division of Emergency Management has granted specific approval.
(b)
The equipment shall be purchased only in accordance with the current approved purchasing procedures of the county or city having authority over the local office of emergency management or the approved purchasing procedures for the governmental agencies or private sector agencies.
Amended by Act 2019, No. 910,§ 5909, eff. 7/1/2019.
Acts 1991, No. 554, § 4; 1999, No. 646, § 44.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-101 - Title

This chapter may be known and cited as the "Arkansas Hazardous and Toxic Materials Emergency Notification Act".
Acts 1991, No. 917, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-102 - Creation

Because of the existing and increasing possibility of a major disaster or emergency from the release of hazardous and toxic substances into the environment while in transport, during manufacturing, and in storage, and because of the immediate need to notify state and local emergency response and recovery forces and other governmental entities mandated to perform certain actions related to a release of hazardous or toxic substances into the environment, it is found and declared to be necessary to:
(1)
Create within the Arkansas Department of Emergency Management a system to notify local, state, and federal emergency response and recovery forces and those other governmental and private sector entities with a mandated responsibility for emergency services; and
(2)
Require any business, manufacturer, refiner, retailer, wholesaler, transporter in the private sector, or governmental entity at the local, state, or federal level to report as soon as possible any known incident involving the release of hazardous and toxic materials into the environment which requires, or may require, emergency response or recovery actions by public safety forces of local or state governmental entities, including volunteer emergency services such as, but not limited to, firefighters, law enforcement, emergency medical services, and other first responders.
Acts 1991, No. 917, § 2; 1999, No. 646, § 45.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-103 - Definitions

As used in this chapter:
(1)
[Repealed.]
(2)
"Fixed facility" means any refinery, factory, storage site, assembly plant, warehouse, wholesaler, retailer, or other facility which receives, stores, processes, or ships hazardous and toxic materials;
(3)
"Hazardous and toxic materials" means:
(A)
Those substances, except natural gas, manufactured, refined, or found in their natural state which, when released into the environment, by any means, have an immediate or potential threat to human, animal, or plant life and meet other criteria established under federal regulations, guidelines, or laws defining hazardous and toxic substances in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce, and which is designated as "hazardous material" in regulations prescribed by the United States Secretary of Transportation under Title 49 of the Code of Federal Regulations; and
(B)
Any other substance or pollutant designated by rules of the Director of the Division of Emergency Management promulgated under this chapter;
(4)
"HAZMAT" means the abbreviation of "hazardous and toxic materials";
(5)
"Incident" or "accident" means the spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous and toxic materials into the environment;
(6)
"System for notification" means those communications facilities currently existing, or that may be later established, for direction, warning, and control of emergency response and recovery forces at the federal, state, and local levels;
(7)
"Transport" means the movement of any hazardous and toxic material regardless of the mode of transportation from one place to another place and any loading, unloading, and storage incidental thereto; and
(8)
"Transporter" means any person, firm, association, partnership, corporation, or other legal entity who transports or ships in a motor vehicle, rail freight car, freight container, cargo tank, rail tank car, pipeline other than a natural gas pipeline, aircraft, vessel, or other means of transportation any hazardous and toxic materials as a common carrier, contract carrier, or carrier for private use.
Amended by Act 2019, No. 315,§ 972, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5910, eff. 7/1/2019.
Acts 1991, No. 917, § 3; 1999, No. 646, § 46.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-104 - HAZMAT incident or accident reporting system

(a)
The Director of the Division of Emergency Management shall:
(1)
In cooperation with the State Emergency Response Commission, establish a HAZMAT incident or accident reporting system within the State Emergency Operations Center for disseminating information to the appropriate agencies and emergency first responders for any release of a hazardous and toxic material that might present either an immediate or potential threat to the safety, health, and welfare of the public; and
(2)
Operate and maintain on a continuing basis emergency direction, control, and warning systems sufficient to meet the minimum requirements of this chapter.
(b)
The HAZMAT incident or accident reporting systems shall meet the minimum federal requirements specified in federal regulations and guidelines for hazardous and toxic materials emergency reporting and shall operate within the provisions established under the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., and the State of Arkansas Emergency Operations Plan to provide the most expeditious and practical means to notify state, local, and private sector entities assigned an emergency response or recovery role under this chapter.
(c)
Each agency, office, bureau, or commission of the State of Arkansas or its political subdivisions having a role or responsibility for HAZMAT planning, response, recovery, or mitigation, or providing public safety services or having regulatory or oversight authority shall establish guidelines and procedures to ensure prompt and accurate reporting of any accident, incident, or known or suspected release of toxic or hazardous materials within the State of Arkansas in violation of any state or federal environmental or health protective statutes, regulations, rules, or guidelines.
Amended by Act 2019, No. 315,§ 973, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5911, eff. 7/1/2019.
Acts 1991, No. 917, § 4; 1999, No. 646, § 47.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-105 - Accidents or incidents

Any fixed facility operator or any transporter involved in an accident or incident during refining, manufacturing, processing, storage, loading, unloading, transporting, or a related activity which involves the release of hazardous and toxic materials into the environment or any public safety emergency first responders from the local, state, or federal level, who have confirmed that the incident or accident has not been previously reported to the State Emergency Operations Center shall report immediately, by telephone, radio, or the most expeditious means available to the center any incident or accident which:
(1)
Involves a fatality due to fire, explosion, or exposure to any hazardous and toxic materials;
(2)
Results in the hospitalization of any person due to fire, explosion, or exposure to any hazardous and toxic materials;
(3)
Results in a continuing danger to life, health, or property at the place of the accident or incident; and
(4)
Results in the release of hazardous and toxic materials, in any amount, by any transporter onto public or private property, including roads, highways, or thoroughfares maintained by local, state, and federal government entities and upon regulated commerce rights-of-way.
Acts 1991, No. 917, § 5.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 79 - ARKANSAS HAZARDOUS AND TOXIC MATERIALS EMERGENCY NOTIFICATION ACT (§§ 12-79-101 — 12-79-106) › Section 12-79-106 - Penalties

Any person who pleads guilty or nolo contendere to or is found guilty of violating any provisions of this chapter or any rule promulgated hereunder shall be guilty of a misdemeanor and be fined not more than five hundred dollars ($500) per day of violation or imprisoned for not more than one (1) year, or both.
Amended by Act 2019, No. 315,§ 974, eff. 7/24/2019.
Acts 1991, No. 917, § 6.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-101 - Purpose

It is the purpose of this chapter to protect the public by requiring that all public structures be designed and constructed to resist destructive forces when an earthquake occurs in the New Madrid Seismic Zone.
Acts 1991, No. 1100, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-102 - Definitions

As used in this chapter:
(1)
"Add to" means adding to the original existing buildings or structures more than four thousand square feet (4,000 sq. ft.) in gross floor area and all areas of increased building height;
(2)
"Alter", "retrofit", and "remodel" mean any alteration or repair of a building which when completed will increase the market value of the building by one hundred percent (100%) or more;
(3)
"Owner" means any agency of the state, county, city, township, town, village, or private entity, partnership, business, or corporation;
(4)
(A)
"Public structure" means any building intended, or adaptable, for public employment, assembly, or any other use if it will be open to the public.
(B)
Also included in this definition are certain building types as defined under the term "public works" projects;
(5)
(A)
"Public works" means works, whether of construction or adaptation, undertaken and carried out by the national, state, county, school district, or municipal authorities, and designed to serve some purpose of public necessity, use, or convenience such as public buildings, roads, aqueducts, parks, and all other fixed works constructed for public use.
(B)
The term relates to the construction of public improvements and not to their maintenance or operation;
(6)
"Seal" means the Arkansas seal issued to signify certification of registration to practice architecture or engineering;
(7)
"Seismic" means pertaining to an earthquake or earth tremor, i.e., vibrations; and
(8)
"Structural elements" means all structural load-carrying members of a building or structure required to transmit loads, i.e., forces within the building or between the building and the ground.
Acts 1991, No. 1100, § 2; 1999, No. 1485, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-103 - Seismic zones established

(a)
(1)
Areas within the boundaries of this state shall be divided into zones of anticipated damage that will occur in various locations with respect to the New Madrid Seismic Zone.
(2)
This division will be based on the Arkansas Fire Prevention Code.
(b)
(1)
Zone 3, the area of greatest anticipated seismic damage, shall include the following counties: Clay, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Randolph, Lawrence, Jackson, Woodruff, and Lee.
(2)
Zone 2, the area of moderate anticipated seismic damage, shall include the following counties: Sharp, Independence, White, Lonoke, Prairie, Arkansas, Monroe, Phillips, Fulton, Izard, Stone, and Cleburne.
(3)
Zone 1, the area of low anticipated seismic damage, shall include all remaining counties within the boundaries of this state.
Acts 1991, No. 1100, § 3; 1999, No. 1485, § 2; 2005, No. 1290, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-105 - Exemptions

(a)
Certain building types shall not be included in the requirements of this chapter, such as:
(1)
Single family residential;
(2)
Duplexes;
(3)
Triplexes;
(4)
Fourplexes;
(5)
Agricultural structures; and
(6)
The following wood frame, metal, or both, construction business occupancies of four thousand square feet (4,000 sq. ft.) or less:
(A)
Business occupancy of less than forty (40);
(B)
Mercantile occupancy with a load less than one hundred (100); and
(C)
Storage.
(b)
(1)
The park and recreational facilities of the State of Arkansas, any of its agencies or departments, or any city, town, or county government or any school district shall not be included in the requirements of this chapter.
(2)
As used in this subsection, "park and recreational facilities" shall mean any facilities which are generally open structures and have three (3) or fewer sides and are used for athletics, recreation, relaxation, entertainment, cultural development, and other recreational activities, including, without limitation, park pavilions, amphitheaters, covered stage areas, camping centers, tennis courts, golf course shelters, athletic fields, baseball fields and dugouts, and various other similar park and recreational facilities.
Acts 1991, No. 1100, § 5; 1995, No. 520, § 1; 1997, No. 1228, § 1; 1999, No. 1485, § 4.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-106 - Violations and penalties

(a)
Any owner knowingly constructing a public building within this state without complying with the provisions of this chapter shall be guilty of a violation and shall upon conviction be sentenced to pay a fine of not less than one thousand dollars ($1,000).
(b)
Each day of the unlawful construction practice shall constitute a distinct and separate offense.
Acts 1991, No. 1100, § 6; 2005, No. 1994, § 79.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 80 - EARTHQUAKE RESISTANT DESIGN FOR PUBLIC STRUCTURES (§§ 12-80-101 — 12-80-107) › Section 12-80-107 - Exemptions for roads and bridges

None of the highway, road, street, or bridge facilities in this state shall be included in the requirements of this chapter.
Acts 1995, No. 569, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 82 - ARKANSAS SERC/LEPC ACT (§§ 12-82-101 — 12-82-104) › Section 12-82-101 - Title

This chapter may be known and cited as the Arkansas SERC/LEPC Act.
Acts 1993, No. 567, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 82 - ARKANSAS SERC/LEPC ACT (§§ 12-82-101 — 12-82-104) › Section 12-82-102 - Purpose

Because of existing and increasing accidents, incidents, and events involving hazardous and toxic materials in transport, manufacturing, storage, refining, and usage and because of federal mandates imposed upon state and local governments under the provisions of the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq., it is found and declared to be necessary to:
(1)
Create a State Hazardous Materials Emergency Response Commission which shall be empowered to take the necessary actions and activities required under state and federal laws, rules, and regulations related to emergency planning, training, response, and recovery activities for hazardous and toxic materials;
(2)
Administer the provisions of the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq.; and
(3)
Authorize the commission to investigate, review, implement, and manage such standards and requirements as may be needed for the certification of public emergency responders and other related emergency personnel as may be subject to emergency response and recovery actions related to hazardous and toxic materials incidents, accidents, or events.
Acts 1993, No. 567, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 82 - ARKANSAS SERC/LEPC ACT (§§ 12-82-101 — 12-82-104) › Section 12-82-103 - Definitions

As used in this chapter:
(1)
"Certification" means a formal document acknowledging that an individual has reached the minimum level of formal training and education, required under federal regulations and guidance provided through the State Hazardous Materials Emergency Response Commission, to perform his or her normally assigned duties for hazardous and toxic materials emergency response;
(2)
"Emergency responder" means a person or persons enrolled in organizations which are entities of state or local government, or acting in behalf of state or local government, including, but not limited to, professional or volunteer law enforcement, firefighting, emergency medical, emergency services, or other public emergency response personnel who respond to the scene of a disaster with an assigned role in public safety and emergency services;
(3)
"Emergency response and recovery" means those actions required at the scene of a disaster or emergency, as described in the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., for public safety, health, and welfare;
(4)
"Hazardous and toxic materials" or "HAZMAT" means:
(A)
Extremely hazardous substances under
42 U.S.C. § 11002
, hazardous chemicals under
42 U.S.C. §§ 11021
and
11022
, and toxic chemicals under
42 U.S.C. § 11023
; and
(B)
Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and
(5)
"State Emergency Response Commission" or "SERC" refers to the State Hazardous Materials Emergency Response Commission as specified in this chapter.
Acts 1993, No. 567, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 82 - ARKANSAS SERC/LEPC ACT (§§ 12-82-101 — 12-82-104) › Section 12-82-104 - State Emergency Response Commission

(a)
(1)
The State Emergency Response Commission shall be composed of:
(A)
The executive heads of the Department of Health, the Division of Environmental Quality, the Division of Arkansas State Police, the Division of Emergency Management, the Division of Labor, the Arkansas Fire Training Academy, and the Arkansas Department of Transportation, and the Adjutant General, or their designated representatives;
(B)
One (1) individual representing the local emergency planning committees;
(C)
Two (2) individuals from regulated entities;
(D)
One (1) individual from an unregulated entity with knowledge of the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq.; and
(E)
One (1) private citizen to represent the public at large.
(2)
(A)
The chair of the commission shall be elected by the members of the commission and shall serve for a two-year period.
(B)
(i)
Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor.
(ii)
The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year.
(b)
The commission shall establish local emergency planning committees within the authorized and established local emergency services jurisdiction of the state as prescribed in §§
12-75-101
-
12-75-129
.
(c)
Local emergency planning committee membership, functions, and duties shall be in accordance with the federal guidelines prescribed in the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq.
(d)
The commission may promulgate such rules and guidelines as deemed necessary or desirable:
(1)
For the training and certification of public emergency response and recovery personnel, as defined in this chapter;
(2)
To ensure compliance with the appropriate federal guidelines and law governing public emergency response and recovery personnel; and
(3)
To adequately administer the requirements of the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq., in accordance with the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(e)
Any person who is denied training certification under this chapter may appeal such decision to the commission by notifying the commission in writing within fifteen (15) days after the denial of certification.
Amended by Act 2019, No. 315,§ 975, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5912, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3029, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 22, eff. 8/1/2017.
Acts 1993, No. 567, § 4; 1995, No. 626, § 1; 1999, No. 646, § 48; 1999, No. 1164, § 121.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 83 - EMERGENCY VOLUNTEER RESERVE ACT OF 1985 (§§ 12-83-101 — 12-83-105) › Section 12-83-101 - Title

This chapter may be cited as the Emergency Volunteer Reserve Act of 1995.
Acts 1995, No. 115, § 1; 1995, No. 169, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 83 - EMERGENCY VOLUNTEER RESERVE ACT OF 1985 (§§ 12-83-101 — 12-83-105) › Section 12-83-102 - Policy and purpose

Because the potential for a natural, technological, or national emergency-related disaster of catastrophic proportions and devastating impact requires extensive use of highly trained and skilled personnel experienced in disaster response and recovery actions, and whereas such needs and requirements may exceed the normal forces available to the State of Arkansas to prevent death and injury to its citizens and extensive loss of property, it is found and declared necessary:
(1)
To establish within the Division of Emergency Management an Emergency Volunteer Reserve Cadre of persons trained and experienced in certain functions related to disaster response and recovery operations;
(2)
To provide authority to the Director of the Division of Emergency Management to call the emergency volunteer reserve personnel into active service upon declaration of a state of disaster emergency by the Governor or the President of the United States or when, in the opinion of the director, a pending natural, technological, or national emergency may require the immediate services of the personnel;
(3)
To provide the authority to the director to reimburse members of the cadre, when called to active duty, for out-of-pocket expenses for lodging, food, and travel at the current rate and under the provisions for reimbursement applicable to state employees of like grade and responsibility during the period of active service to the state; and
(4)
To provide to the cadre the same privileges and immunities as are applicable to state employees when performing their duties on behalf of the state.
Amended by Act 2019, No. 910,§ 5913, eff. 7/1/2019.
Acts 1995, No. 115, § 2; 1995, No. 169, § 2; 1999, No. 646, § 49.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 83 - EMERGENCY VOLUNTEER RESERVE ACT OF 1985 (§§ 12-83-101 — 12-83-105) › Section 12-83-103 - Definitions

As used in this chapter:
(1)
"Director" means the Director of the Arkansas Department of Emergency Management, including any acting director, when such position is authorized by the Governor, and those persons officially authorized to act for the director in his or her absence or incapacitation; and
(2)
"Emergency Volunteer Reserve Cadre" means persons recruited as volunteers to serve in time of emergency and to supplement the regular employees of the Arkansas Department of Emergency Management in disaster response and recovery operations.
Acts 1995, No. 115, § 3; 1995, No. 169, § 3; 1999, No. 646, § 50.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 83 - EMERGENCY VOLUNTEER RESERVE ACT OF 1985 (§§ 12-83-101 — 12-83-105) › Section 12-83-104 - Recruitment - Service - Deployment - Discharge

(a)
(1)
The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities.
(2)
The personnel shall be enrolled as emergency responder volunteers in accordance with §
12-75-129
, and shall be eligible for immunities and exemptions in accordance with §
12-75-128
and workers' compensation benefits in accordance with §
12-75-129
.
(b)
The division shall establish an administrative management system to recruit and maintain qualified personnel and establish a fiscal management system to ensure prompt and reasonable reimbursement of authorized expenses.
(c)
Persons recruited for the cadre may provide, but are not limited to providing, services in disaster application centers, disaster field offices, disaster survey teams, and fixed or mobile emergency operating centers and communications facilities, and may utilize other specific skills for which they may qualify or be trained to assume.
(d)
Members are subject to deployment within the State of Arkansas and may, upon invocation of mutual aid agreements with other states, accompany state employees at host state or federal expense on out-of-state services.
(e)
When called into active service by the Director of the Division of Emergency Management, members of the cadre shall be under the operational and administrative management of the division and such employees of that office who may be designated to supervise their duties.
(f)
(1)
The director shall have the authority to immediately relieve members of the cadre for actual misconduct, perceived incompetence, or inability to perform their assigned duties.
(2)
When relieved by authority other than the director's, members shall have the right of appeal to the director for reinstatement.
Amended by Act 2019, No. 910,§ 5916, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5915, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5914, eff. 7/1/2019.
Acts 1995, No. 115, § 4; 1995 No. 169, § 4; 1999, No. 646, §§ 51-53; 2009, No. 165, § 59.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 83 - EMERGENCY VOLUNTEER RESERVE ACT OF 1985 (§§ 12-83-101 — 12-83-105) › Section 12-83-105 - Reimbursement

(a)
(1)
Any persons seeking enrollment into the Emergency Volunteer Reserve Cadre shall be notified that no salary, retainer, emoluments, or other monetary reimbursement shall be made for their services, except reimbursement for food, lodging, and travel utilizing a privately owned vehicle when so authorized by the Director of the Division of Emergency Management.
(2)
Reimbursement shall be made in accordance with current state travel rules and at the prescribed rates in effect at the time of their services.
(b)
However, this shall not disqualify any persons from future employment as emergency hires or full-time employees when hired through the prescribed state employment procedures applicable to the positions they are seeking.
Amended by Act 2019, No. 315,§ 976, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5917, eff. 7/1/2019.
Acts 1995, No. 115, § 4; 1995, No. 169, § 4.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-101 - Title

This chapter may be known and cited as the "Arkansas HAZMAT Emergency Management Act".
Acts 1995, No. 634, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-102 - Applicability

(a)
Nothing in this chapter shall be construed as regulatory authority over acts, laws, rules, regulations, or guidelines of other state or federal agencies related to their designated responsibilities and duties as regulatory authorities over concerns of environmental, health, law enforcement, firefighting, medical, or other areas of responsibility.
(b)
The provisions of this chapter are intended to be supplemental to current provisions of Arkansas law, and shall not be construed as repealing or superseding any other laws applicable thereto.
Acts 1995, No. 634, §§ 7, 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-103 - Definitions

As used in this chapter:
(1)
"Emergency management" means those activities related to disaster and emergency planning, mitigation, training, response, and recovery as prescribed in the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq.;
(2)
"Hazardous and toxic materials" or "HAZMAT" means those extremely hazardous substances described under
42 U.S.C. § 11023
, and such other hazardous or toxic substances as may later be designated by federal regulatory agencies;
(3)
"Local emergency planning committee" means those local entities authorized under the provisions of the Arkansas SERC/LEPC Act, §
12-82-101
et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq.;
(4)
"State Hazardous Materials Emergency Response Commission" means that entity created under the provisions of the Arkansas SERC/LEPC Act, §
12-82-101
et seq., and in accordance with the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq.; and
(5)
"Superfund Amendments and Reauthorization Act of 1986, Title III" refers to the Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq. and activities mandated therein.
Acts 1995, No. 634, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-104 - State Office of Hazardous Materials Emergency Management

(a)
There is created by this chapter a State Office of Hazardous Materials Emergency Management within and under the administrative and operational control of the Arkansas Department of Emergency Management.
(b)
The office shall perform the necessary actions and activities as required under current federal and state laws, rules, and regulations related to emergency planning, training, response, and recovery and, as specified in the Arkansas Emergency Services Act of 1973, §
12-75-101
et seq., relating to accidental, deliberate, or act-of-God releases of hazardous or toxic materials which might threaten the public health, safety, welfare, environment, or property of the citizens of Arkansas.
Acts 1995, No. 634, § 3; 1999, No. 646, § 54.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 5 - EMERGENCY MANAGEMENT (§§ 12-75-101 — 12-88-109) › Chapter 84 - ARKANSAS HAZMAT EMERGENCY MANAGEMENT ACT (§§ 12-84-101 — 12-84-107) › Section 12-84-106 - Fees

(a)
(1)
Each facility required to report to the State Hazardous Materials Emergency Response Commission under the provisions of
42 U.S.C. §§ 11022
and
11023
, shall pay the following annual fees to the State Office of Hazardous Materials Emergency Management:
(A)
For each facility required to file one (1) or more hazardous chemical inventory reports under
42 U.S.C. § 11022
, an annual fee of fifty dollars ($50.00), and an additional fee of ten dollars ($10.00) for each report filed annually, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility; and
(B)
For each facility required to file one (1) or more toxic chemical release forms under the provisions of
42 U.S.C. § 11023
, an annual fee of three hundred dollars ($300) and an additional fee of fifty dollars ($50.00) for each report, with a maximum limit of one thousand dollars ($1,000) annually for each reporting facility.
(2)
Any business or other outlet which sells gasoline, diesel, and other motor fuel only at retail to the public shall be exempt from paying the fees outlined in this subsection.
(b)
The commission shall periodically assess the adequacy of the fees established in this section, and may, through the public hearing process, modify the fees imposed for each individual report, not to exceed the stated maximum limit for each reporting facility as indicated in subsection (a) of this section.
(c)
Reports under the provisions of
42 U.S.C. §§ 11022
and
11023
shall be submitted to the office in accordance with, and within the specified time frames of the the Emergency Planning and Community Right-to-Know Act of 1986,
42 U.S.C. § 11001
et seq., and shall include a company check issued by the facility or its parent corporation for the appropriate amount of each submission, as specified in this section, and the check shall be made payable to the office.
(d)
Any facility or person failing to provide the reports and pay the fees, as specified in this section, shall be liable for civil penalties in such amount as the office shall find appropriate, not to exceed ten thousand dollars ($10,000) per violation, and for payment of any expenses reasonably incurred by the state therefrom.
Amended by Act 2015, No. 944,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 996,§ 1, eff. 8/16/2013.
Acts 1995, No. 634, § 5.