reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1404 - Construction Manager-General Contractor Method of Procurement Pilot Program - Creation

(a)
The State Highway Commission may develop a Construction Manager-General Contractor Method of Procurement Pilot Program to test the utilization of the construction manager-general contractor method as a cost-effective option for constructing transportation projects.
(b)
(1)
(A)
For the first phase of the program, the commission may select a total of five (5) transportation projects on which to utilize the construction manager-general contractor method.
(B)
(i)
The sum of the construction cost estimates prepared as required under §
19-11-1407
of all five (5) construction manager-general contractor method transportation projects selected under subdivision (b)(1)(A) of this section shall not exceed two hundred million dollars ($200,000,000).
(ii)
A construction cost estimate of a construction manager-general contractor method transportation project selected under subdivision (b)(1)(A) of this section shall not exceed one hundred million dollars ($100,000,000).
(2)
(A)
For the second phase of the program, beginning on August 1, 2023, the commission may select a total of five (5) additional transportation projects that are not currently in the procurement process on which to utilize the construction manager-general contractor method.
(B)
(i)
The sum of the construction cost estimates prepared as required under §
19-11-1407
of all five (5) construction manager-general contractor method transportation projects selected under subdivision (b)(2)(A) of this section shall not exceed five hundred million dollars ($500,000,000).
(ii)
A construction cost estimate of a construction manager-general contractor method transportation project selected under subdivision (b)(2)(A) of this section shall not exceed one hundred fifty million dollars ($150,000,000).
(c)
The Director of State Highways and Transportation shall send written notice identifying the transportation project and the reasons for deciding to apply the construction manager-general contractor method to that specific transportation project to:
(1)
The Chair of the House Committee on Public Transportation; and
(2)
The Chair of the Senate Committee on Public Transportation, Technology, and Legislative Affairs.
(d)
The program established under this subchapter shall terminate no later than June 30, 2026.
Amended by Act 2023, No. 823,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 823,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 1019,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 1019,§ 2, eff. 7/24/2019.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1405 - Project selection

If the Arkansas Department of Transportation determines that a construction manager-general contractor method of procurement is appropriate for a transportation project, the department shall establish a procedure for awarding the contract for construction of the construction manager-general contractor method transportation project using the criteria listed in §
19-11-1406
.
Amended by Act 2019, No. 1019,§ 4, eff. 7/24/2019.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1407 - Construction manager-general contractor selection

(a)
The Arkansas Department of Transportation shall:
(1)
Prepare contract plans, specifications, special provisions, and other requirements composing the contract for construction of a transportation project elected for procurement using the construction manager-general contract method authorized by this subchapter;
(2)
Prepare a detailed construction cost estimate to evaluate the appropriate price for the construction of the transportation project;
(3)
If requested by the Director of State Highways and Transportation, have an independent third-party cost estimator prepare a detailed construction cost estimate to confirm the appropriate price for the construction of the transportation project;
(4)
Include in the contract created by subdivision (a)(1) of this section a requirement that the construction manager-general contractor perform at least thirty percent (30%) of the total cost for construction, not including the preconstruction work performed by the construction manager-general contractor; and
(5)
(A)
Keep the construction cost estimates prepared under subdivisions (a)(2) and (3) of this section confidential and not subject to public disclosure until after the contract has been awarded.
(B)
Construction cost estimates prepared under subdivisions (a)(2) and (3) of this section are confidential and exempt from public disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq., but only until after the contract has been awarded.
(b)
A construction manager-general contractor shall submit to the department a guaranteed maximum price for the construction of the transportation project using the contract plans, specifications, special provisions, and other requirements prepared by the department as required by subdivision (a)(1) of this section.
(c)
The department may award the contract to a construction manager-general contractor if the guaranteed maximum price does not exceed the cost estimate provided by the department or independent third party by more than ten percent (10%).
(d)
If the director rejects the proposed guaranteed maximum price, the department may:
(1)
Work with the construction manager-general contractor to find a guaranteed maximum price that is acceptable to both parties; or
(2)
Request that the construction manager-general contractor provide additional preconstruction services and submit a new guaranteed maximum price as directed by this section.
(e)
If the department does not award the contract to a construction manager-general contractor, the department may proceed with the transportation project using a procurement process authorized by law.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 11 - PURCHASING AND CONTRACTS (§§ 19-11-101 — 19-11-1408) › Subchapter 14 - CONSTRUCTION MANAGER-GENERAL CONTRACTOR METHOD OF PROCUREMENT PILOT PROGRAM (§§ 19-11-1401 — 19-11-1408) › Section 19-11-1408 - Rules

The State Highway Commission and the Arkansas Department of Transportation may promulgate rules to implement and administer this subchapter.
Added by Act 2017, No. 809,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-101 - Title

This chapter may be referred to and cited as the "Tobacco Settlement Proceeds Act".
Init. Meas. 2000, No. 1, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-105 - Creation and administration of Tobacco Settlement Debt Service Fund

(a)
There is hereby created and established a fund, designated as a cash fund and held separate and apart from the State Treasury, to be known as the "Tobacco Settlement Debt Service Fund", which Fund shall be administered by the State Board of Finance. All moneys deposited into the Tobacco Settlement Debt Service Fund are hereby designated cash funds pursuant to §
19-6-103
, restricted in their use and to be used solely as provided in this chapter.
(b)
There shall be transferred from the Tobacco Settlement Cash Holding Fund to the Tobacco Settlement Debt Service Fund, the amount set forth for such transfer in §
19-12-104(d)
. All amounts received into the Tobacco Settlement Debt Service Fund shall be held until needed to make payments on Debt Service Requirements. The State Board of Finance is authorized to invest any amounts held in the Tobacco Settlement Debt Service Fund in suitable investments maturing not later than when the moneys are needed to pay Debt Service Requirements, provided that such investments comply with §
19-12-103(c)
, and further provided that the investment of such moneys may be further limited by the provisions of any trust indenture pursuant to which Bonds are issued or any related non-arbitrage certificate or tax regulatory agreement.
(c)
Amounts held in the Tobacco Settlement Debt Service Fund shall be transferred to funds and accounts established and held by the trustee for the Bonds at such times and in such manner as may be specified in the trust indenture securing the Bonds. If so required by any trust indenture pursuant to which Bonds have been issued, amounts deposited into the Tobacco Settlement Debt Service Fund may be immediately deposited into funds or accounts established by such trust indenture and held by the trustee for the Bonds. The State Board of Finance is authorized to execute any consent, pledge, or other document, reasonably required pursuant to a trust indenture to affirm the pledge of amounts held in the Tobacco Settlement Debt Service Fund to secure Tobacco Settlement Revenue Bonds.
(d)
On December 15 of each calendar year, any amounts held in the Tobacco Settlement Debt Service Fund, to the extent such amounts are not needed to pay Debt Service Requirements prior to the following April 15, shall be transferred to the Arkansas Healthy Century Trust Fund. At such time as there are no longer any Bonds outstanding, and all Debt Service Requirements and other contractual obligations have been paid in full, amounts remaining in the Tobacco Settlement Debt Service Fund shall be transferred to the Arkansas Healthy Century Trust Fund.
Init. Meas. 2000, No. 1, § 5.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-109 - Creation of Prevention and Cessation Program Account

(a)
There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the "Prevention and Cessation Program Account". The account shall be used by the Department of Health for such purposes and in such amounts as may be appropriated in law.
(b)
All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in §
19-12-113
or such other purposes as may be appropriated in law.
(c)
Moneys remaining in the account at the end of each fiscal year shall be carried forward and used for the purposes provided by law.
Init. Meas. 2000, No. 1, § 9; Acts 2002 (1st Ex. Sess.), No. 2, § 5; 2005, No. 1872, § 3.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-110 - Creation of the Targeted State Needs Program Account

(a)
There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the "Targeted State Needs Program Account". Such account shall be used for such purposes and in such amounts as may be appropriated by law.
(b)
On each July 1, there shall be transferred from the fund to the account the amount specified in §
19-12-108(d)(1)(A)
.
(c)
All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in §
19-12-114
, or such other purposes as may be appropriated in law. Of the amounts deposited into the account, the following proportions shall be used to fund the programs established in §
19-12-114
:
(1)
College of Public Health of the University of Arkansas for Medical Sciences - thirty-three per cent (33%);
(2)
Area Health Education Center located in Helena - twenty-two per cent (22%);
(3)
Donald W. Reynolds Center on Aging - twenty-two per cent (22%); and
(4)
Minority Health Initiative, administered by the Minority Health Commission - twenty-three per cent (23%).
(d)
Moneys remaining in the account at the end of the first fiscal year of a biennium shall be carried forward and used for the purposes provided by law. Such amounts that remain at the end of a biennium shall be transferred to the Tobacco Settlement Program Fund pursuant to §
19-12-108(e)
.
Init. Meas. 2000, No. 1, § 10; Acts 2002 (1st Ex. Sess.), No. 2, § 6.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-111 - Creation of Arkansas Biosciences Institute Program Account

(a)
There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the Arkansas Biosciences Institute Program Account. Such account shall be used by the Arkansas Biosciences Institute and its members for such purposes and in such amounts as may be appropriated in law.
(b)
On each July 1, there shall be transferred from the fund to the account the amount specified in §
19-12-108(d)(1)(B)
.
(c)
All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in §
19-12-115
or such other purposes as may be appropriated in law.
(d)
Moneys remaining in the account at the end of the first fiscal year of a biennium shall be carried forward and used for the purposes provided by law. Such amounts that remain at the end of a biennium shall be transferred to the fund pursuant to §
19-12-108(e)
.
Init. Meas. 2000, No. 1, § 11; Acts 2002 (1st Ex. Sess.), No. 2, § 7.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-112 - Creation of Medicaid Expansion Program Account

(a)
There is hereby created a trust fund on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, within the Tobacco Settlement Program Fund maintained by the State Board of Finance, an account to be known as the "Medicaid Expansion Program Account". Such account shall be used by the Department of Human Services for such purposes and in such amounts as may be appropriated in law. These funds shall not be used to replace or supplant other funds available in the Department of Human Services Grants Fund Account. The funds appropriated for this program shall not be expended, except in conformity with federal and state laws, and then only after the department obtains the necessary approvals from the federal Centers for Medicare and Medicaid Services.
(b)
On each July 1, there shall be transferred from the fund to the account the amount specified in §
19-12-108(d)(1)(C)
.
(c)
All moneys deposited into the account except for investment earnings shall be used for the purposes set forth in §
19-12-116
, or such other purposes as may be appropriated in law.
(d)
Moneys remaining in the account at the end of the first fiscal year of a biennium shall be carried forward and used for the purposes provided by law. Such amounts that remain at the end of a biennium shall be transferred to the fund pursuant to §
19-12-108(e)
.
(e)
(1)
The Chief Fiscal Officer of the State shall establish separate paying accounts for the Medicaid Expansion Program to be used exclusively to draw down federal funds associated with the federal share of expenditures and for the state share of expenditures transferred from the Medicaid Expansion Program Account or for any other appropriate state matching funds.
(2)
The Medicaid Expansion Program, established by Initiated Act 1 of 2000 and enacted in the Tobacco Settlement Proceeds Act, §
19-12-101
et seq., is a separate and distinct component of the Arkansas Medicaid Program, administered by the Department of Human Services and established under §
19-12-116(b)(1)
.
Amended by Act 2023, No. 797,§ 6, eff. 7/1/2023.
Init. Meas. 2000, No. 1, § 12; Acts 2002 (1st Ex. Sess.), No. 2, § 8.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-116 - Establishment and administration of Medicaid Expansion Program

(a)
It is the intent of this chapter that the Department of Human Services should establish the Medicaid Expansion Program described in this section, and to administer such program in accordance with law.
(b)
(1)
The Medicaid Expansion Program shall be a separate and distinct component of the Arkansas Medicaid Program currently administered by the Department of Human Services and shall be established as follows:
(A)
expanding Medicaid coverage and benefits to pregnant women;
(B)
expanding inpatient and outpatient hospital reimbursements and benefits to adults aged nineteen (19) to sixty-four (64);
(C)
expanding non-institutional coverage and benefits to adults aged sixty-five (65) and over; and
(D)
expanding medical assistance, home and community-based services, and employment supports for:
(i)
Adults with intellectual and developmental disabilities who qualify for services; and
(ii)
Children with intellectual and developmental disabilities who qualify for services.
(2)
All such expenditures shall be made in conformity with the Arkansas Medicaid Program as amended and approved by the Centers for Medicare and Medicaid Services.
(c)
The programs defined in this section shall be administered pursuant to a strategic plan encompassing the elements of a mission statement, defined program(s), and program goals with measurable objectives and strategies to be implemented over a specific timeframe. Evaluation of each program shall include performance-based measures for accountability which will measure specific health related results.
(d)
Each of the programs adopted pursuant to this section shall be subject to the monitoring and evaluation procedures described in §
19-12-118
.
Amended by Act 2017, No. 50,§ 1, eff. 1/26/2017.
Init. Meas. 2000, No. 1, § 16.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 1 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-119) › Section 19-12-119 - Use of funds for the Medicaid Expansion Program Account

(a)
In addition to the purposes enumerated in §
19-12-116
for the Medicaid expansion program, the funds made available to the Medicaid Expansion Program Account may also be used to supplement current general revenues as approved by the Governor and the Chief Fiscal Officer of the State for the Arkansas Medicaid Program.
(b)
None of the funds shall be used for this additional purpose if the usage will reduce the funds made available by the General Assembly for the Meals-on-Wheels program and the senior prescription drug program.
Acts 2002 (1st Ex. Sess.), No. 2, § 11.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-201 - Title

This subchapter shall be known and may be cited as the "Tobacco Settlement Revenue Bonds Act of 2006".
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-202 - Legislative findings, intent, and purpose

(a)
The General Assembly finds that:
(1)
Cancer is one of the leading health problems and causes of death in the state;
(2)
There is an immediate need for additional facilities to support research in the cause, treatment, and prevention of various types of cancer;
(3)
Because the Arkansas Cancer Research Center of the University of Arkansas for Medical Sciences is engaged in education, research, and clinical care addressing the causes, treatment, and prevention of cancer, the General Assembly has recognized the center as the official cancer institute of the State of Arkansas since its inception in 1984;
(4)
It is appropriate that the center should be designated as a capital improvement project relating to healthcare services, health education, or health-related research under the Tobacco Settlement Proceeds Act, §
19-12-101
et seq.; and
(5)
This subchapter provides financial resources critical to the development and construction of necessary medical facilities by authorizing the issuance of an additional series of Tobacco Settlement Revenue Bonds in support of the center.
(b)
This subchapter is not intended to amend nor does it amend Initiated Act 1 of 2000, the Tobacco Settlement Proceeds Act, §
19-12-101
et seq.
(c)
The purpose of this subchapter is to designate an additional capital improvement project as anticipated by §
19-12-106(b)(4)
and to enact implementation legislation necessary to authorize an additional series of Tobacco Settlement Revenue Bonds to finance a portion of the additional capital improvement project as provided under §
19-12-106(g)
.
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-203 - Applicability of Tobacco Settlement Proceeds Act

The Tobacco Settlement Proceeds Act, §
19-12-101
et seq., is fully applicable to this subchapter and any Tobacco Settlement Revenue Bonds issued under this subchapter.
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-204 - Arkansas Cancer Research Center designated as capital improvement project

As authorized by §
19-12-106(b)(4)
, the Arkansas Cancer Research Center of the University of Arkansas for Medical Sciences is designated as a capital improvement project relating to healthcare services, health education, or health-related research.
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-205 - Additional Tobacco Settlement Revenue Bonds authorized

Additional Tobacco Settlement Revenue Bonds may be issued in connection with the capital improvement project described in §
19-12-204
under the following conditions:
(1)
No more than five million dollars ($5,000,000) of the annual transfer to the Tobacco Settlement Debt Service Fund shall be allocated in any one (1) year to pay debt service requirements for the capital improvement project;
(2)
Annual transfers to the Tobacco Settlement Debt Service Fund allocated to the capital improvement project shall not commence until the Tobacco Settlement Revenue Bonds issued in 2001 under the Tobacco Settlement Proceeds Act, §
19-12-101
et seq., are no longer outstanding; and
(3)
No more than forty million dollars ($40,000,000) in an initial principal amount of Tobacco Settlement Revenue Bonds may be issued for the capital improvement project.
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 12 - TOBACCO SETTLEMENT PROCEEDS ACT (§§ 19-12-101 — 19-12-206) › Subchapter 2 - TOBACCO SETTLEMENT REVENUE BONDS ACT OF 2006 (§§ 19-12-201 — 19-12-206) › Section 19-12-206 - Issuance of additional Tobacco Settlement Revenue Bonds by Arkansas Development Finance Authority

(a)
If revenues in the Tobacco Settlement Debt Service Fund are sufficient to meet Debt Services Requirements with regard to additional Tobacco Settlement Revenue Bonds that may be issued in connection with the capital improvement project described in §
19-12-204
, then the Arkansas Development Finance Authority shall issue additional Tobacco Settlement Revenue Bonds in accordance with the limitations established in §
19-12-205
to be used for financing a portion of the capital improvement project described in §
19-12-204
.
(b)
The additional Tobacco Settlement Revenue Bonds shall be issued as set forth under the Tobacco Settlement Proceeds Act, §
19-12-101
et seq., and shall be entitled to the same rights and protections as the Tobacco Settlement Revenue Bonds issued in 2001 under the Tobacco Settlement Proceeds Act, §
19-12-101
et seq.
Acts 2006 (1st Ex. Sess.), No. 9, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Appendix TITLE - 19 - BOND ISSUES (§ 19) › Appendix TITLE - 19 - BOND ISSUES

The following laws relate to bond issues which had not matured at the time of publication of this code. While they are not laws of a general and permanent nature, and consequently are not codifiable, they are included in this appendix for easy reference.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Appendix TITLE - 19 - BOND ISSUES (§ 19) › Section 16 - Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 - Acts 1997, No. 607

Acts 1997, No. 1057APPROVED: 4/2/1997.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Appendix TITLE - 19 - BOND ISSUES (§ 19) › Section 17 - Department of Arkansas State Police Headquarters Facility and Wireless Data Equipment Financing Act - Acts 1997, No. 1057

Acts 2013, No. 1084, §§ 1-8
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-101 - Definitions

As used in this subchapter:
(1)
"Commission" means the Arkansas Minority Health Commission; and
(2)
"Minority" means Black Americans, Hispanic Americans, Asian Americans, and American Indians.
Acts 1991, No. 912, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-102 - Creation - Members

(a)
There is established the Arkansas Minority Health Commission to consist of twelve (12) members to be appointed as follows:
(1)
Six (6) members of the general public to be appointed by the Governor, with each of the four (4) congressional districts represented;
(2)
Three (3) members to be appointed by the President Pro Tempore of the Senate; and
(3)
Three (3) members to be appointed by the Speaker of the House of Representatives.
(b)
All persons appointed to the commission shall be persons who have actively participated in health issues for minorities or have special knowledge or experience with minority health issues.
(c)
The members shall serve staggered two-year terms.
(d)
(1)
The commission shall meet at least quarterly and at such other times as necessary to carry out its duties under this chapter.
(2)
The commission shall elect one (1) of its members as chair and may provide by appropriate adoption of bylaws and rules for the time, place, and manner of calling its meetings.
(e)
Any state agency, state-supported hospital, or state medical school shall submit to the commission any information the commission requests that relates to health issues for minorities except for names, addresses, telephone numbers, or any other identifying information.
Acts 1991, No. 912, §§ 2, 4, 5; 1997, No. 250, § 176; 2001, No. 1288, § 15; 2007, No. 827, § 144; 2009, No. 574, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-104 - Reimbursement for expenses

(a)
Members of the Arkansas Minority Health Commission shall serve without pay, but those members not employed by the State of Arkansas may receive expense reimbursement in accordance with §
25-16-901
et seq.
(b)
The commission may authorize expense reimbursement for its members performing official duties of the commission by a majority vote of its total membership cast at its first regularly scheduled meeting of each calendar year.
(c)
Any expense reimbursement shall not exceed the rate established for state employees in the state travel rules.
Amended by Act 2019, No. 315,§ 1801, eff. 7/24/2019.
Acts 1995, No. 1017, § 3; 1997, No. 250, § 177; 2003, No. 229, § 3; 2007, No. 827, § 145.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-105 - Cash fund

(a)
There is created a cash fund entitled "Minority Health Commission Cash Fund" to be used for expenses of the Arkansas Minority Health Commission as appropriated by the General Assembly.
(b)
The commission may receive grants and donations made to the commission or amounts received as reimbursement for producing or reproducing literature or reports, which shall be deposited into the State Treasury as cash funds and may be used for reimbursements for expenses of providing seminars or educational activities.
Acts 2005, No. 1405, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-106 - Report on health disparities

On or before October 1 each year, the Arkansas Minority Health Commission shall report to the Secretary of the Department of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Public Health, Welfare, and Labor, and the Chair of the Senate Committee on Public Health, Welfare, and Labor without limitation:
(1)
Summarizing the previous year's work under §
20-2-103(a)(5) and (6)
;
(2)
Describing reductions in disparities in health and health care in this state; and
(3)
Outlining plans for continuing and expanding in the coming year the program to reduce disparities in health and health care in this state.
Added by Act 2019, No. 389,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 2 - ARKANSAS MINORITY HEALTH COMMISSION (§§ 20-2-101 — 20-2-107) › Section 20-2-107 - [Repealed] Transferred

Amended by Act 2019, No. 910,§ 4922, eff. 7/1/2019.
Repealed by Act 2019, No. 389,§ 2, eff. 7/24/2019.
Acts 2009, No. 358, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-101 - Title

This chapter shall be known and may be cited as the "Achieving a Better Life Experience Program Act".
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
See Act 2015, No. 1238, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-102 - Purpose

It is the intent and purpose of this chapter to create and establish the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-103 - Definitions

As used in this chapter:
(1)
"ABLE account" means an account:
(A)
Established by an eligible individual;
(B)
Owned by the eligible individual; and
(C)
Maintained under this subchapter;
(2)
"Contracting state" means a state without a qualified ABLE program that has entered into a contract with Arkansas to provide residents of the contracting state access to a qualified ABLE program;
(3)
"Designated beneficiary" means the eligible individual who established an ABLE account and is the owner of the ABLE account;
(4)
"Disability certification" means, with respect to an individual, a certification to the satisfaction of the United States Secretary of the Treasury by the individual or the parent or guardian of the individual that:
(A)
Certifies that:
(i)
(a)
(1)
The individual has a medically determinable physical or mental impairment that:
(A)
Results in marked and severe functional limitations; and
(B)
Can be expected to result in death; or
(2)
Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or
(b)
The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and
(ii)
The blindness or disability occurred before the individual attained twenty-six (26) years of age; and
(B)
Includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act;
(5)
"Eligible individual" means an individual who for a taxable year:
(A)
Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act,
42 U.S.C. § 301
et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or
(B)
Has a disability certification filed with the United States Secretary of the Treasury for the taxable year;
(6)
"Member of the family" means a brother, sister, stepbrother, or stepsister;
(7)
"Nonqualified distribution" means a distribution from an ABLE account that is not used to pay a qualified disability expense; and
(8)
"Qualified disability expense" means an expense related to an eligible individual's blindness or disability that is made for the benefit of the eligible individual who is the designated beneficiary, including without limitation the following expenses:
(A)
Assistive technology and personal support services;
(B)
Education;
(C)
Employment training and support;
(D)
Expenses for oversight and monitoring;
(E)
Financial management and administrative services;
(F)
Funeral and burial expenses;
(G)
Health, prevention, and wellness expenses;
(H)
Housing;
(I)
Legal fees;
(J)
Transportation; and
(K)
Other expenses that are adopted by rule and consistent with the purposes of this chapter.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-104 - Creation of Achieving a Better Life Experience Program Trust

(a)
The Achieving a Better Life Experience Program Trust is created.
(b)
The cotrustees of the trust shall be the Secretary of the Department of Human Services, the Commissioner of Arkansas Rehabilitation Services, and the Treasurer of State.
Amended by Act 2023, No. 182,§ 4, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5172, eff. 7/1/2019.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-105 - Achieving a Better Life Experience Program Committee - Administration - Authority - Powers

(a)
This chapter shall be administered by the Achieving a Better Life Experience Program Committee, which shall be composed of:
(1)
The Secretary of the Department of Human Services, or his or her designee;
(2)
The Commissioner of Arkansas Rehabilitation Services, or his or her designee; and
(3)
The Treasurer of State, or his or her designee.
(b)
The Treasurer of State shall:
(1)
Manage the Achieving a Better Life Experience Program Trust under §
20-3-104
for the committee;
(2)
Provide office space, staff, and materials for the committee;
(3)
Perform other services necessary to implement this chapter; and
(4)
Conduct outreach and engage in financial educational activities with individuals with disabilities, stakeholders within the community of individuals with disabilities, and their support system.
(c)
The committee shall adopt rules necessary to administer this chapter and to ensure compliance with the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295 and federal regulations under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.
(d)
The committee shall:
(1)
Establish, develop, implement, and maintain the Achieving a Better Life Experience Program in a manner consistent with this chapter and an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, and obtain the benefits provided by an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, for the Achieving a Better Life Experience Program, account owners, and designated beneficiaries;
(2)
Adopt rules for the general administration of the Achieving a Better Life Experience Program;
(3)
Maintain, invest, and reinvest the funds contributed into the Achieving a Better Life Experience Program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under §
24-2-611
; and
(4)
(A)
Make and enter into contracts, agreements, or arrangements and retain, employ, and contract for the services of financial institutions, depositories, consultants, broker-dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter.
(B)
Contracts entered into by the committee may be for a term of one to ten (1-10) years.
Amended by Act 2023, No. 182,§ 5, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5173, eff. 7/1/2019.
Amended by Act 2017, No. 324,§ 1, eff. 3/2/2017.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-106 - Rules

Rules adopted under this chapter shall ensure that:
(1)
(A)
A rollover from an ABLE account does not apply to an amount paid or distributed from the ABLE account to the extent that, not later than the sixtieth day after the date of the payment or distribution, the amount received is paid into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a member of the family of the designated beneficiary; and
(B)
The limitation under subdivision (1)(A) of this section does not apply to a transfer if the transfer occurs within twelve (12) months after the date of a previous transfer under this chapter for the benefit of the designated beneficiary;
(2)
A person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account that is established to meet the qualified disability expenses of the designated beneficiary of the ABLE account;
(3)
A designated beneficiary is limited to one (1) ABLE account;
(4)
An ABLE account may be established only for a designated beneficiary who is a resident of Arkansas or a resident of a contracting state; and
(5)
Other requirements of this chapter shall be met.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-107 - Investment direction

Except as permitted under the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295, a person shall not direct the investment of any contributions to or earnings from the program more than two (2) times each year.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-108 - ABLE accounts

(a)
(1)
An account owner or contributor may establish an ABLE account by making an initial contribution to the Achieving a Better Life Experience Program, signing an application form approved by the Achieving a Better Life Experience Program Committee, and naming the ABLE account owner and the designated beneficiary.
(2)
If the contributor is not the ABLE account owner, the ABLE account owner shall also sign the application form.
(3)
Any person may make contributions to an ABLE account after the ABLE account is opened.
(b)
Contributions to an ABLE account shall be made only in cash.
(c)
(1)
Total contributions to all ABLE accounts shall not exceed those reasonably necessary to provide for the qualified disability expenses of the beneficiary.
(2)
The committee shall establish maximum contribution limits applicable to program ABLE accounts in accordance with the program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.
(d)
(1)
Separate records and accounting shall be required by the program for each ABLE account.
(2)
Reports shall be made no less frequently than annually to the ABLE account owner.
(e)
(1)
The program may collect application, ABLE account, or administrative fees to defray the costs of the program.
(2)
The application, ABLE account, or administrative fees shall be approved by the committee.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-109 - Naming of designated beneficiary and transfers of ABLE accounts

(a)
An ABLE account owner shall have the right to name the designated beneficiary of an ABLE account and at any time to change the designated beneficiary of an ABLE account to an eligible individual who is a member of the family of the former designated beneficiary.
(b)
At the direction of an ABLE account owner, all or a portion of an ABLE account may be transferred to another ABLE account whose designated beneficiary is a member of the family of the designated beneficiary of the transferee ABLE account if the transferee ABLE account was created by this chapter or in accordance with an Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295.
(c)
(1)
Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to:
(A)
The estate of a designated beneficiary; or
(B)
An account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.
(2)
An agency or instrumentality of the state shall not seek payment under
26 U.S.C. § 529A(f)
, as in effect on January 1, 2019, from the account or its proceeds for benefits provided to a designated beneficiary.
Amended by Act 2019, No. 59,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 1 - GENERAL PROVISIONS (§§ 20-2-101 — 20-3-113) › Chapter 3 - ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM ACT (§§ 20-3-101 — 20-3-113) › Section 20-3-110 - Prohibitions

(a)
Total contributions to the ABLE account established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified disability expenses are prohibited.
(b)
(1)
An ABLE account or a legal or beneficial interest in an ABLE account shall not be assignable, pledged, or otherwise used to secure or obtain a loan or other advancement.
(2)
An ABLE account or a legal or beneficial interest in an ABLE account is not subject to attachment, levy, or execution by a creditor of an ABLE account owner or designated beneficiary.
Added by Act 2015, No. 1238,§ 1, eff. 7/22/2015.