Cross References. Legislative Department, Ark. Const., Art. 5.

Effective Dates. Acts 1875 (Adj. Sess.), No. 39, § 2: effective ninety days after passage. Approved November 30, 1875.

Case Notes

Extension of Sessions.

There is certainly no clear limitation upon the legislative power to extend the session by a two-thirds vote and no clear specification of a time beyond which, in the discretion of the General Assembly, exercised by the vote of two-thirds of the members of both houses, the session may not be extended, and the determination of the date for termination of an extended session is a matter of legislative discretion. Wells v. Purcell, 267 Ark. 456, 592 S.W.2d 100 (1979).

Chapter 1 General Provisions

[Reserved]

Chapter 2 Legislative Proceedings

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2012, No. 210, § 16, provided: “AUDIO/VISUAL POLICY.

The appropriations provided herein to produce audio or video materials by or under the direction of the House of Representatives shall not be used for the following:

“(a) A person may not use audio or video materials produced by or under the direction of the House of Representatives in political or campaign advertising.

“(b) A person may not use audio or video materials produced by or under the direction of the House of Representatives for a commercial purpose.

“(1) In this section, ‘commercial purpose’ means a purpose that is intended to result in a profit or other tangible benefit.

“(c) The House Management Committee may give permission to an entity to use the audio or video materials for public education governmental broadcast which shall not conflict with subsection (b).”

Cross References. Constitutional provisions concerning enactment of laws, Ark. Const., Art. 5, §§ 19 and 21-26.

Printing acts of General Assembly, § 25-18-205.

Preambles. Acts 1949, No. 376 contained a preamble which read:

“Whereas, the Constitution of the State of Arkansas provides in Article 5, Section 12 that: ‘Each House shall keep a journal of its proceedings and from time to time publish the same….’”

Effective Dates. Acts 1875 (Adj. Sess.), No. 88, § 3: effective on passage. Approved Dec. 14, 1875.

Acts 1889, No. 38, § 9: effective eighty days after its passage. Approved Mar. 13, 1889.

Acts 1895, No. 97, § 6: May 1, 1895.

Acts 1949, No. 310, § 3: approved Mar. 19, 1949. Emergency clause provided: “It is hereby determined that the installation of the electric roll call system has raised unforeseen problems in the accurate recording of facts to be registered by the system, and that this act is necessary to insure the integrity of the records made by the system. An emergency is, accordingly, declared to exist, and this act shall take effect on its passage.”

Acts 1949, No. 376, § 2: Mar. 23, 1949. Emergency clause provided: “It is hereby determined that the certification of the journals of each House of the General Assembly to the Secretary of State as a public document is in compliance with the Constitution of the State of Arkansas, and in order to prevent the expenditure of any public funds for printing such journals under any printing contracts, an emergency is declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 235, § 4: June 30, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that most of the affairs of this State are conducted by boards and commissions; that the activities of such boards and commissions vitally affect the public peace, health, safety and welfare; that the appointment of capable and qualified members of such boards and commissions is of vital importance for the proper discharge of duties imposed on such boards and commissions; that many appointments are now being made of persons who are not qualified for such positions; that confusion exists in the method of appointments of members of boards and commissions from congressional districts, and clarification of laws governing such appointments is immediately necessary; and, that only by the immediate passage of this Act may the same be corrected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 182, § 3: Feb. 18, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Boys and Girls State program is of great value to the State of Arkansas, that participation by members of the General Assembly is a direct benefit to the Boys and Girls State program, that per diem and mileage should be allowed to those members of the General Assembly participating in such program, and that this act should be implemented immediately to insure that it will be effective when Boys and Girls State next meets. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 289, § 2: Mar. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that each session of the General Assembly considers numerous bills proposing amendments, changes, or additions to the publicly supported retirement systems, and that due to the limitations of the time available during each Regular and Special Session, there are not sufficient opportunities to adequately study and review many aspects of the retirement systems that would be affected by such proposed legislation; and that the establishment of a Joint Interim Committee of the General Assembly to serve as an overview committee over the various retirement systems is essential to the proper functioning of the General Assembly; and that the immediate passage of this act is necessary in order to establish the Joint Interim Committee on Public Retirement and Social Security Programs in order that said committee may enter upon its duties immediately upon adjournment of the Seventieth Session of the General Assembly. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 806, § 3: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 221 of 1977, which requires the filing of a fiscal impact statement with respect to bills that impose new or increased cost obligations on municipalities or counties, is not accomplishing the purposes for which it was initially enacted, and that this act is designed to accomplish procedures more in keeping with the rules and procedures of the two houses of the General Assembly with respect to the consideration of bills which require fiscal impact statements on new or additional costs imposed on municipalities or counties, and that the immediate passage of this act is necessary to provide for the enactment of said procedure prior to the adjournment of this Regular Session. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1, § 16: Jan. 14, 1987. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Sixth General Assembly, and this Act being necessary for the preservation of the peace, health, and safety of the people of the State of Arkansas, an emergency is hereby declared to exist and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1987, No. 2, § 12: Jan. 14, 1987. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Sixth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 143, § 18: June 23, 1989. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Seventh General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1991, No. 1, § 14: Jan. 17, 1991. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Eighth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1991, No. 2, § 12: Jan. 17, 1991. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Eighth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1991, No. 30, § 14: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 134, § 12: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 868, § 5: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the untimely introduction of legislation affecting state-supported retirement systems during a legislative session creates an impossible task for staff and committee members to prepare and analyze fiscal impact statements; that the current method of limiting retirement legislation introduction has not proven adequate; and that the immediate approval of this bill upon passage is required to alleviate this problem during the current legislative session. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 969, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1991, No. 1240, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1993, No. 1, § 11: Jan. 14, 1993. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Ninth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1993, No. 102, § 5: Feb. 9, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that Arkansas law provides for a thirty (30) day deadline for the introduction of bills affecting the public retirement programs; that under certain circumstances and in emergencies, the General Assembly may be required to recess for an extended period during the first 30 days of any Regular Session; and that proper consideration of any bills affecting public retirement programs will require the extension of the thirty (30) day deadline. Therefore, in order to provide a procedure to suspend the 30-day introduction deadline, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 671, § 13: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 3, § 17: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 143, § 13: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 3, § 15: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2005, No. 693, § 13: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2007, No. 151, § 2: February 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current procedure concerning submission and approval or rejection of appointments by the Governor needs revision; and that these revisions are immediately necessary because appointments will be considered during this session of the General Assembly. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 286, § 13: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2007, No. 875, § 2: “This act shall apply beginning with the 2009 Regular Session of the General Assembly.”

Identical Acts 2015, Nos. 555 and 556, § 5: Mar. 20, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the under Amendment 94 the Independent Citizens Commission submitted a recommendation regarding expense reimbursement to the Speaker of the House and the President Pro Tempore of the Senate; that the Speaker of the House and the President Pro Tempore of the Senate in coordination with the Independent Citizens Commission are implementing the recommendations submitted; and that this act is immediately necessary to ensure that provisions of Amendment 94 are carried out in accordance with its language. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Validity, construction and effect of state constitutional statutory provision regarding nepotism in the public service. 11 A.L.R.4th 826.

Validity and construction of orders and enactments requiring disclosure of financial interests by public officers and employees or candidates for office. 22 A.L.R.4th 237.

Validity, construction, and effect of state statutes restricting political activities of public officers or employees. 51 A.L.R.4th 702.

Am. Jur. 72 Am. Jur. 2d, States, § 35 et seq.

C.J.S. 81A C.J.S., States, § 40 et seq.

10-2-101. Time for meeting.

    1. The General Assembly shall meet in regular session at 12:00 noon on the second Monday in January in each odd-numbered year.
      1. However, in any odd-numbered year following the election of a nonincumbent governor, the General Assembly upon convening at 12:00 noon on the second Monday in January may remain in session only for such time not to exceed two (2) days as is necessary to open and publish the votes for various constitutional offices, to swear in the state constitutional officers and members of the General Assembly, to organize and select officers, and to otherwise prepare for the regular session.
      2. The General Assembly may then stand in recess for a period not to exceed thirty (30) days.
    1. The General Assembly shall meet in a fiscal session to consider appropriation bills in each even-numbered year at 12:00 noon on the:
      1. Second Monday in February in years in which the preferential primary election is held in May under § 7-7-203; and
      2. Second Wednesday in April in years in which the preferential primary election is held in March under § 7-7-203.
    2. A bill other than an appropriation bill may be considered in a fiscal session if two-thirds (2/3) of the members of each house of the General Assembly approve consideration of the nonappropriation bill.

History. Acts 1875 (Adj. Sess.), No. 39, § 1, p. 42; C. & M. Dig., § 4919; Pope's Dig., § 6136; Acts 1981, No. 847, § 1; A.S.A. 1947, § 4-101; Acts 2009, No. 962, § 8; 2019, No. 545, § 5.

A.C.R.C. Notes. The 2015 (1st Ex. Sess.) amendment to this section expired December 31, 2016. Acts 2015 (1st Ex. Sess.), No. 5, § 5, provided:

“(a) This act is cumulative of existing laws and shall not repeal but merely suspend any law in conflict with the act.

“(b) The provisions of this act are temporary and expire on December 31, 2016.

“(c) On and after December 31, 2016, the provisions of law suspended by this act shall be in full force and effect.

“(d) The expiration of this act shall not affect rights acquired under it or affect suits then pending.”

Amendments. The 2009 amendment added the subsection and subdivision designations; deleted “biennial” preceding “session” in (a)(1); substituted “The General Assembly” for “It” in (a)(2)(B); and added (b).

The 2015 (1st Ex. Sess.) amendment substituted “Wednesday in April” for “Monday in February” in (b)(1).

The 2019 amendment, in (b)(1), deleted “at 12:00 noon on the second Monday in February of each even-numbered year” following “session” and added “in each even-numbered year at 12:00 noon on the”; and added (b)(1)(A) and (b)(1)(B).

Cross References. Duration of regular sessions, Ark. Const., Art. 5, § 17.

10-2-102. Duties of Secretary of Senate, Chief Clerk of the House of Representatives, and other officers.

  1. The Secretary of the Senate and the Chief Clerk of the House of Representatives, with their respective clerical forces, shall perform all duties required in the engrossment and enrollment of bills and all necessary work as clerks of committees.
  2. The employees of the Senate shall perform such duties during the regular session of the General Assembly and during the interim between the convening of special sessions, fiscal sessions, and the regular sessions of the General Assembly as may be provided by the Rules of the Senate or by the Senate Efficiency Committee, subject to the approval of the Senate.

History. Acts 1895, No. 97, § 4, p. 142; C. & M. Dig., § 4955; Pope's Dig., § 6185; A.S.A. 1947, § 4-407; Acts 1987, No. 2, § 9; 1989 (1st Ex. Sess.), No. 143, § 9; 1991, No. 30, § 9; 2005, No. 693, § 7; 2007, No. 286, § 7; 2009, No. 962, § 9.

Amendments. The 2007 amendment deleted “Senate Chief of Staff” in the section heading, and deleted (b)(2) and (b)(3).

The 2009 amendment substituted “fiscal sessions, and the regular sessions” for “and the next regular session” in (b).

10-2-103. Coordinator of House Legislative Services.

  1. The Coordinator of House Legislative Services shall be appointed by the Speaker of the House of Representatives with the approval of the House Management Committee.
    1. The Coordinator of House Legislative Services shall perform such duties as may be provided by Rules of the House of Representatives and as provided by the Speaker of the House of Representatives and the House Management Committee.
    2. In addition thereto, the Coordinator of House Legislative Services shall hereafter perform all duties imposed upon the Chief Clerk of the House of Representatives now provided by law or authorized by Rules of the House of Representatives especially with respect to the disbursement of House funds, the keeping of fiscal accounts and records, the signing of official documents, and the acquisition of stationery, postage, and other supplies for the House of Representatives and its members.
    3. [Repealed.]

History. Acts 1991, No. 1, § 3; 2015, No. 555, § 1; 2015, No. 556, § 1.

Amendments. The 2015 amendment by identical acts Nos. 555 and 556 repealed (b)(3).

10-2-104. Duties of assistant sergeants at arms.

The assistant sergeant at arms in each house shall perform the duties of doorkeeper and postmaster of his or her respective house.

History. Acts 1889, No. 38, § 7, p. 52; C. & M. Dig., § 4956; Pope's Dig., § 6186; A.S.A. 1947, § 4-408.

10-2-105. Administration of oaths.

  1. The President Pro Tempore of the Senate and the Speaker of the House of Representatives may administer oaths to the members and officers of their respective houses.
  2. The President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chair of a committee of the Senate or of the House of Representatives, or his or her designee, may administer oaths to witnesses in any case under their examination.

History. Rev. Stat., ch. 90, § 17; C. & M. Dig., § 4926; Pope's Dig., § 6148; A.S.A. 1947, § 4-102; Acts 2009, No. 1465, § 1.

Amendments. The 2009 amendment rewrote the section.

Cross References. Oath of office, Ark. Const., Art. 19, § 20.

10-2-106. Elections.

In all elections made by either house or by a joint vote of both houses, the votes of a majority of all the members present shall be necessary to a choice, and when an election shall be by joint vote, the President of the Senate and the Speaker of the House of Representatives shall grant the person so elected a certificate thereof, which, in all cases in which a commission is required, shall be sufficient to authorize the granting of the commission.

History. Rev. Stat., ch. 90, § 16; C. & M. Dig., § 4948; Pope's Dig., § 6170; A.S.A. 1947, § 4-108.

Cross References. Method of taking vote, Ark. Const., Art. 5, § 14.

10-2-107. Election of Speaker of the House of Representatives in doubt — Procedure.

  1. If, after the biennial general election and prior to the convening of the regular session, a statement signed by fifty (50) or more members of the House of Representatives who will serve at the next-following regular session of the General Assembly is filed with the current Speaker of the House of Representatives stating that the members believe that the formal election of the new Speaker of the House of Representatives is in doubt, then the current Speaker of the House of Representatives shall call a one-day organizational meeting of all members and members-elect of the House who will serve at the next regular session. This meeting shall be held for the single purpose of designating the Speaker of the House of Representatives for the next General Assembly.
  2. If the special organizational meeting of members of the House is called, all members and members-elect of the House who will serve at the next-following regular session of the General Assembly shall be entitled to receive per diem and mileage for attending the meeting.

History. Acts 1973, No. 208, § 3; A.S.A. 1947, § 4-145; Acts 2009, No. 962, § 10.

Amendments. The 2009 amendment, in the first sentence of (a), substituted “regular session” for “General Assembly” near the beginning, and inserted “regular” following “next-following.”

10-2-108. Manuscripts of daily proceedings — Journals.

  1. Whenever the daily proceedings of either house of the General Assembly shall be made up in manuscript form, the manuscript shall be signed each day by the presiding officers of the respective houses and attested by the secretary or clerk thereof.
  2. In addition to the transcribed record of the journals of either house, the manuscript proceedings shall also be filed in the office of the Secretary of State, which manuscript proceedings shall be kept and preserved by the Secretary of State.
  3. A certified transcript of the proceedings of each house of the General Assembly shall be filed with the Secretary of State as a public document and shall be made available in the office of the Secretary of State for the inspection of any citizen requiring information therefrom, but the journals shall not be printed by the State of Arkansas.

History. Acts 1875 (Adj. Sess.), No. 88, § 2, p. 168; C. & M. Dig., § 4949; Pope's Dig., § 6171; Acts 1949, No. 376, § 1; A.S.A. 1947, §§ 4-109, 4-116.

Cross References. Duty to keep journals, Ark. Const., Art. 5, § 12.

Publication of journals of legislative proceedings, § 25-18-204.

Records of General Assembly kept by Secretary of State, § 25-16-403.

Case Notes

Passage of Acts.

For the proper passage of an act by the General Assembly, the Constitution requires not merely that the yeas and nays shall be taken on the final passage of the bill but also that the same shall be entered on the journal thus making the journal entry the sole evidence of the proceedings. Niven v. Road Improv. Dist. No. 14, 132 Ark. 240, 200 S.W. 997 (1918).

10-2-109. Joint sessions.

  1. When by the Constitution or laws of the state a joint meeting of the Senate and House of Representatives is required, they shall assemble with their clerks on the day and at the hour previously agreed on for that purpose in the hall of the House of Representatives.
  2. When the meeting is assembled, the President of the Senate and Speaker of the House of Representatives shall preside in conjunction, and the meeting shall be governed by such standing rules as shall have been adopted for that purpose by the concurrence of both houses. They shall have power to punish any person other than a member for disorderly or contemptuous behavior in their presence by fine and imprisonment in the same manner and to the same extent as either house may do for like conduct before it by the Constitution and laws of this state.
  3. Any member of either house who shall be guilty of disorderly behavior in the presence of the meeting may be punished by the house of which he or she is a member in the same manner as if the offense had been committed in the presence of that house.

History. Rev. Stat., ch. 90, §§ 1-3; C. & M. Dig., §§ 4934-4936; Pope's Dig., §§ 6156-6158; A.S.A. 1947, §§ 4-103 — 4-105.

Cross References. Power to punish for disorderly conduct, Ark. Const., Art. 5, § 12.

10-2-110. Disorderly conduct.

  1. If any person, whether a member or not, shall be guilty of any disorder in the presence of either house or a Committee of the Whole, or in a joint meeting of both houses, while in session, the presiding officer of the house or joint meeting or Chair of the Committee of the Whole may order the person into immediate custody. The sergeant at arms shall immediately take the person into custody and detain him or her until the further order of the house, joint meeting, or Committee of the Whole, before which offense was committed.
  2. If any person, whether a member or not, shall disturb the proceedings of any committee of either house or be guilty of disorderly conduct in their presence, the house appointing the committee may punish the person in the same manner as if the offense had been committed in the presence of the house. If the disorder or offense shall be committed before a joint committee of both houses, the President of the Senate shall issue process, and both houses shall proceed in joint meeting.

History. Rev. Stat., ch. 90, §§ 4, 5; C. & M. Dig., §§ 4924, 4925; Pope's Dig., §§ 6145, 6146; A.S.A. 1947, §§ 4-106, 4-107.

Cross References. Power to punish for disorderly conduct, Ark. Const., Art. 5, § 12.

10-2-111. Unauthorized use of roll call system — Penalty.

  1. Any person who, by tampering with the mechanism of the electric roll call system in the Chamber of the House of Representatives, shall willfully cause the vote indicated at any station to be incorrectly recorded shall be guilty of a misdemeanor, and, upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).
  2. Any person not a member of the House of Representatives who, during the taking of a vote on any matter before a session of the House or during the calling of a roll in the House, shall operate a voting station of the electric roll call system shall be guilty of a misdemeanor and, upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

History. Acts 1949, No. 310, §§ 1, 2; A.S.A. 1947, §§ 4-114, 4-115.

Cross References. Misdemeanors, § 5-1-107.

10-2-112. Prefiling of bills and resolutions — Assignment to committee — Printing.

    1. The Chief Clerk of the House of Representatives and the Secretary of the Senate, under the direction and supervision of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, shall establish a system for the prefiling of bills and resolutions beginning on:
      1. November 15 of each year preceding a regular session of the General Assembly;
      2. The second Monday of January of each year of a fiscal session of the General Assembly which is held in a year in which the preferential primary election is held in May under § 7-7-203; and
      3. The second Monday of March of each year of a fiscal session of the General Assembly which is held in a year in which the preferential primary election is held in March under § 7-7-203.
    2. A nonappropriation bill may not be prefiled prior to a fiscal session due to the requirement in Arkansas Constitution, Amendment 86, that a concurrent resolution be approved by a vote of two-thirds (2/3) of the members elected to each house before either body may consider a nonappropriation bill.
    3. Under that presession filing system, each member-elect of the General Assembly and holdover member of the Senate who will be serving at the next-following regular session of the General Assembly shall be permitted to prefile bills and resolutions for the next regular session as soon as the members-elect of the next General Assembly are certified to the Secretary of State.
  1. The Chief Clerk of the House of Representatives and the Secretary of the Senate, respectively, shall assign numbers to House and Senate bills and resolutions.
  2. The Speaker-elect of the House of Representatives and the President Pro Tempore of the Senate shall provisionally assign all prefiled bills and resolutions to committees. Upon the convening of the General Assembly, the respective bodies shall review the assignment of the bills and resolutions made prior to the convening of the session by the Speaker-elect of the House of Representatives and the President Pro Tempore of the Senate, and shall make official assignments of the bills and resolutions in accordance with their respective rules.
  3. The legislative printing contract which includes the printing of bills, resolutions, committee reports, special reports, approved acts, and other specified legislative documents shall include the printing of prefiled bills and resolutions filed pursuant to this section.

History. Acts 1973, No. 91, §§ 1, 2; A.S.A. 1947, §§ 4-146, 4-147; Acts 1987, No. 64, § 1; 1991, No. 203, § 1; 2003, No. 1473, § 18; 2009, No. 962, § 11; 2019, No. 545, § 6.

A.C.R.C. Notes. The 2015 (1st Ex. Sess.) amendment to this section expired December 31, 2016. Acts 2015 (1st Ex. Sess.), No. 5, § 5, provided:

“(a) This act is cumulative of existing laws and shall not repeal but merely suspend any law in conflict with the act.

“(b) The provisions of this act are temporary and expire on December 31, 2016.

“(c) On and after December 31, 2016, the provisions of law suspended by this act shall be in full force and effect.

“(d) The expiration of this act shall not affect rights acquired under it or affect suits then pending.”

Amendments. The 2009 amendment added (a)(1)(B)(1) and (a)(1)(B)(2), and made related changes.

The 2015 (1st Ex. Sess.) amendment substituted “March” for “January” in (a)(1)(B)(i).

The 2019 amendment redesignated former (a)(1)(B)(i) as (a)(1)(B); added “which is held in a year in which the preferential primary election is held in May under § 7-7-203; and” in (a)(1)(B); added (a)(1)(C); and redesignated former (a)(1)(B)(ii) and (a)(2) as (a)(2) and (a)(3).

10-2-113. Senate confirmation of board and commission appointees.

  1. All appointments made by the Governor of members of boards and commissions of the State of Arkansas, except appointments of members of boards and commissions governed by specific constitutional provisions that may be in conflict with this section, shall be subject to confirmation by the Senate. However, if any such appointment is made while the General Assembly is not in session, the person so appointed may qualify and hold office until the appointment shall be rejected by the Senate.
    1. The Governor shall submit to the Senate within thirty (30) days after the General Assembly convenes in a regular session and within fifteen (15) days after the General Assembly convenes in a fiscal session the names of all appointments to boards and commissions of this state made subsequent to adjournment of the Senate at the last regular session or fiscal session of the General Assembly.
    2. Upon the convening of a special session of the General Assembly, the Governor shall immediately submit the names of all appointments to boards and commissions of this state made subsequent to adjournment of the Senate at the last regular session, fiscal session, or special session of the General Assembly.
    3. All appointments of members of boards and commissions of this state made while the General Assembly is in session shall be submitted immediately to the Senate.
  2. If an appointment is rejected by the Senate, the person rejected shall not thereafter be eligible to serve in the position or exercise the powers of the position, unless the appointment of the person is first approved by the Senate.

History. Acts 1967, No. 235, § 1; A.S.A. 1947, § 6-606; Acts 2007, No. 151, § 1; 2009, No. 962, § 12.

Amendments. The 2007 amendment added (b)(2) and (c), and redesignated subsections accordingly; and in (b)(1), substituted “thirty (30) days” for “ten (10) days.”

The 2009 amendment, in (b)(1), substituted “a regular session and within fifteen (15) days after the General Assembly convenes in a fiscal” for the first occurrence of “regular” and inserted “or fiscal session” preceding “of the General Assembly”; and substituted “regular session, fiscal session, or” for “regular session or” in (b)(2).

Cross References. Appointment, confirmation of honorary board and commission members, § 25-17-204.

10-2-114. Bills imposing new or additional costs on municipality or county — Fiscal impact statements — Definition.

    1. Any bill filed with the Senate that requires an expenditure of public funds by a municipality or county or otherwise imposes a new or increased cost obligation on any municipality or county shall have a fiscal impact statement attached to it prepared by the author of the bill and filed with the bill at the time of its introduction. A copy of such fiscal impact statement shall be placed on the desk of each member of the Senate committee to which the bill is referred before the bill may be called up for final action in the committee. A copy of it shall also be placed on the desk of each member of the Senate before a final vote may be taken on it for final passage.
    2. If the author of any Senate or House of Representatives bill affected by this section shall fail to file a fiscal impact statement, any member of the Senate committee to which the bill is referred may object to its being called up for final action in the committee until a fiscal impact statement is made available to the committee. If such an objection is made by a member of the Senate committee, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement, to be returned to the committee in writing not later than five (5) days from the date of the request.
    3. If any such Senate or House bill is called up for final passage in the Senate and a fiscal impact statement has not been provided by the author of the bill or by the committee to which the bill was referred, any member of the Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the Senate at least one (1) day prior to the bill’s being called up for final passage. If such an objection is made, the presiding officer of the Senate shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed in writing with the Senate not later than five (5) days from the date of the request.
    1. When any House or Senate bill requiring an expenditure of public funds or otherwise imposing a new or increased cost obligation on any municipality or county is pending before any committee of the House, any member of the committee may request that a fiscal impact statement for the bill be placed on the desk of each member of the committee before the bill is called up for final action in the committee. If a request is made, the chair of the committee shall refer the bill to the appropriate state agency or to the legislative staff for the preparation of a fiscal impact statement to be returned to the committee in writing not later than five (5) days from the date of the request.
    2. Any time before the bill is read the third time in the House, a member of the House may request that a fiscal impact statement for the bill be prepared and placed on the desk of each member. When a member of the House so requests a fiscal impact statement on any bill, the Speaker of the House of Representatives shall furnish the member a fiscal impact statement signature form which shows the number of the bill for which the statement is requested and the date and time the request was made. If the member returns the form containing the signature of the requesting member and the signatures of at least nine (9) other House members within thirty (30) minutes of the time shown on the form, the fiscal impact statement shall be prepared and placed on the desk of each member of the House before the bill is read the third time.
    3. If a bill is called up for final passage in the House and a fiscal impact statement has not been provided for the bill, any member of the House in which the bill is being considered may move that a final vote on the passage of the bill be delayed until a fiscal impact statement is prepared and made available on the desk of each member of the House at least one (1) full day prior to the bill's being called up for final passage. If the motion is made and is adopted by a majority vote of the membership of the House, the Speaker of the House of Representatives shall cause the bill to be referred to the appropriate state agency or to the designated legislative staff for the preparation of a fiscal impact statement which shall be filed with the House within five (5) days of the date of the request.
  1. Failure of the sponsor of a bill to provide the fiscal impact statement required in this section shall not prohibit the consideration of it in the committee to which referred or on the floor of the house in which the bill is called up for final passage if no objection to it is made at the time such action is taken.
  2. Nothing in this section shall prohibit a committee to which a bill is referred or the house in which the bill is being considered from suspending the requirement of the filing of a fiscal impact statement on any such bill in the same manner as provided for the suspension of the rules in the house in which the bill is being considered.
  3. Copies of fiscal impact statements prepared in compliance with the provisions of this section shall be made available upon request for them to representatives of municipal or county governments. A fiscal impact statement filed or prepared in compliance with this section is declared to be a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.
  4. For the purposes of this section, the term “fiscal impact statement” means a realistic statement of the estimated financial cost to municipalities or counties of implementing or complying with a proposed law and rules promulgated under it.

History. Acts 1985, No. 806, § 1; A.S.A. 1947, § 13-2304; Acts 1992 (1st Ex. Sess.), No. 43, § 1; 2019, No. 315, § 734.

Publisher's Notes. Acts 1985, No. 806, § 1, is also codified as § 19-1-303.

Acts 1992 (1st Ex. Sess.), No. 43, § 1, is also codified as § 19-1-303.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (f).

Cross References. Filing of proposed bills with interim committees, § 10-3-217.

Fiscal notes required for bills relating to public retirement or social security programs, § 10-3-702.

10-2-115. Introduction of bills affecting public retirement programs.

  1. Any proposed legislation affecting any publicly supported retirement system or pension plan to be considered by the General Assembly at a regular session shall be introduced in the General Assembly during the first fifteen (15) calendar days of a regular session.
    1. No such bill shall be introduced after the fifteenth day of a regular session unless its introduction is first approved by a three-fourths (¾) vote of the full membership of each house of the General Assembly.
    2. Additionally, if the General Assembly recesses for longer than three (3) consecutive days during the first fifteen (15) days of a regular session, the fifteen-day introduction deadline shall be extended for a time period equal to the recess.
  2. A bill affecting any publicly supported retirement system or systems shall not be introduced or considered at any special session or fiscal session of the General Assembly unless the introduction and consideration of the bill is first approved by a three-fourths (¾) vote of the full membership of each house of the General Assembly.

History. Acts 1975, No. 289, § 1; A.S.A. 1947, § 4-151; Acts 1991, No. 868, § 1; 1993, No. 102, § 1; 1999, No. 1026, § 1; 2001, No. 147, § 1; 2009, No. 962, § 13.

Amendments. The 2009 amendment substituted “regular session” for “regular biennial session” throughout; and inserted “or fiscal session” preceding “of the General Assembly” in (c).

Cross References. Fiscal notes required for bills relating to public retirement or social security programs, § 10-3-702.

10-2-116. Authentication of laws passed over veto.

  1. When a bill that has passed both houses of the General Assembly shall be returned by the Governor without his or her signature and with his or her objections thereto, and, upon reconsideration, shall pass both houses by the constitutional majority, it shall be authenticated as having become a law by a certificate endorsed thereon or attached thereto, in the following form:
  2. The certificate, having been signed by the President of the Senate and Speaker of the House of Representatives, shall be deemed a sufficient authentication thereof, and the bill shall again be presented to the Governor to be by him or her deposited with the laws in the office of the Secretary of State.

“This bill having been returned by the Governor with his or her objections thereto and, after reconsideration having passed both houses by the constitutional majority, has become a law this day of

History. Rev. Stat., ch. 89, § 1; C. & M. Dig., § 4969; Pope's Dig., § 6199; A.S.A. 1947, § 4-310.

Cross References. Passage of bills over veto of Governor, Ark. Const., Art. 6, § 15.

10-2-117. Authentication of bill becoming law without Governor's signature.

Every bill which shall have passed both houses of the General Assembly and shall not be returned by the Governor within five (5) days, having thereby become a law, shall be authenticated by the Governor causing the fact to be certified thereon by the Secretary of State in the following form:

“This bill having remained with the Governor five (5) days, Sunday excepted, and the General Assembly being in session, it has become a law this day of . Secretary of State”.

Click to view form.

History. Rev. Stat., ch. 89, § 2; C. & M. Dig., § 4971; Pope's Dig., § 6201; A.S.A. 1947, § 4-311.

Cross References. Bill becoming law without signature of Governor, Ark. Const., Art. 6, § 15.

Case Notes

Copy of Bill.

Enrolled copy containing both the signature of the Secretary of State and the endorsement of the Governor's failure to sign bill sufficient to authenticate bill. Horton v. Gillespie, 170 Ark. 107, 279 S.W. 1020 (1926).

10-2-118. Vacancies during recess.

  1. When any member elected to either house of the General Assembly shall resign in the recess thereof, he or she shall address and transmit his or her resignation in writing to the Governor.
  2. Whenever the Governor shall receive any resignation or notice of vacancy or when he or she shall be satisfied of the death of any member of either house during the recess thereof, he or she shall without delay issue a writ of election to support the vacancy.

History. Rev. Stat., ch. 70, §§ 1, 2; C. & M. Dig., §§ 4962, 4963; Pope's Dig., §§ 6192, 6193; A.S.A. 1947, §§ 4-110, 4-111.

Cross References. Governor to issue writs of election to fill vacancies, Ark. Const., Art. 5, § 6.

10-2-119. Vacancies during session.

  1. When any member shall resign during any session, he or she shall address his or her resignation to the presiding officer of the house of which he or she is a member, which resignation shall be entered upon the journal.
  2. In all cases of vacancies happening or being declared during any session of the General Assembly, by death, expulsion, or otherwise, the presiding officer of the house in which the vacancy shall happen shall immediately notify the Governor, who shall immediately issue a writ of election to fill the vacancy.

History. Rev. Stat., ch. 70, § 1; C. & M. Dig., § 4962; Pope's Dig., § 6192; A.S.A. 1947, § 4-110.

Cross References. Governor to issue writs of election to fill vacancies, Ark. Const., Art. 5, § 6.

10-2-120. Elections to fill vacancies.

    1. When any vacancy shall happen in the Senate for a district composed of more than one (1) county, the writ of election shall be directed to the sheriff of the county first named in the law establishing the district.
    2. When the vacancy shall happen in a senatorial district which shall have been divided or altered after the general election next preceding the occurrence of the vacancy, the writ of election shall be directed to the sheriff of the county first named in the old district.
    3. When any vacancy shall happen in either house for any county which shall have been divided after the general election next preceding the occurrence of the vacancy, the writ of election shall be directed to the sheriff of the old county.
  1. The sheriff to whom any writ of election shall be delivered shall cause the election to supply the vacancy to be held within the limits composing the county or district at the time of the next preceding general election. He or she shall issue his or her proclamation or notice for holding the election accordingly and transmit a copy thereof, together with a copy of the writ, to the sheriff of each of the counties within which any part of the old county may lie, who shall cause copies of the notice to be put up. The election is to be held accordingly in those parts of their respective counties which composed a part of the old county or district for which the election was held at the last preceding general election. The returns shall be made and the certificate of election granted in the same manner as if no division had taken place.

History. Rev. Stat., ch. 70, §§ 3, 4; C. & M. Dig., §§ 4964, 4965; Pope's Dig., §§ 6194, 6195; A.S.A. 1947, §§ 4-112, 4-113.

Cross References. Special elections, time and notice, § 7-5-202.

10-2-121. Designation of members to assist Boys State and Girls State — Compensation.

  1. The Speaker of the House of Representatives is authorized to designate up to ten (10) members of the House of Representatives at any one (1) time and the President Pro Tempore of the Senate is authorized to designate up to five (5) senators at any one (1) time to assist in the annual Boys State and Girls State sponsored by the American Legion and other student government organizations.
  2. Monetary allowances for per diem and reimbursements for mileage as authorized by § 10-2-217 for members assisting such organizations shall be paid to members of the House from any unexpended balance of House funds and to members of the Senate from any unexpended balance of Senate funds appropriated to support the respective houses of the General Assembly.

History. Acts 1975, No. 182, § 1; A.S.A. 1947, § 4-150.

10-2-122. Designation of members to represent state at national conferences — Expenses.

  1. The President Pro Tempore of the Senate or the Chair of the Senate Efficiency Committee, or both, are hereby authorized to designate one (1) or more members of the Senate or staff, or both, to represent the Senate at regional or national conferences of legislators or other official meetings held during the interim between legislative sessions at which the State of Arkansas is requested to be represented by members of the General Assembly and may pay the actual and necessary travel, meals, and lodging, and other expenses therefor from the funds appropriated to the Senate.
  2. The Speaker of the House of Representatives is authorized to designate, subsequent to the adjournment of the General Assembly, one (1) or more members of the House of Representatives to represent the House at regional or national conferences of legislators or other official meetings held during the interim between legislative sessions at which the State of Arkansas is requested to be represented by members of the General Assembly and may pay the actual and necessary travel, meals and lodging, and other expenses.

History. Acts 1987, No. 1, § 7; 1987, No. 2, § 8; 1993, No. 1, § 6.

A.C.R.C. Notes. Former § 10-2-122, concerning designation of members to represent state at national conferences and their expenses, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 1, § 8; 1985, No. 2, § 7; A.S.A. 1947, §§ 4-155, 4-156.

10-2-123. Institute of Legislative Procedure.

  1. The General Assembly hereby determines that the conducting of an Institute of Legislative Procedure prior to the convening of regular sessions of the General Assembly on rules and legislative procedure and current fiscal conditions and other problems in state government is essential to the proper functioning of each regular session of the General Assembly.
  2. The Senate, the House of Representatives, the Legislative Council, and the Legislative Joint Auditing Committee shall cooperate in jointly sponsoring a biennial Institute of Legislative Procedure to carry out the aforementioned purposes.
    1. Members of the preceding General Assembly and the newly elected members of the House and Senate shall be eligible to attend the biennial Institute of Legislative Procedure and shall be entitled upon filing claim therefor to per diem in the amount fixed by law for members of the General Assembly to receive for attendance at legislative sessions, for each day in attending the biennial Institute of Legislative Procedure plus mileage for traveling from their place of residence to the biennial Institute of Legislative Procedure and return.
    2. Per diem and mileage for members of the General Assembly and newly elected members of the General Assembly for attending the biennial Institute of Legislative Procedure shall be paid by the respective houses from the moneys appropriated therefor.

History. Acts 1991, No. 30, § 6; 1991, No. 134, § 7; 1991, No. 969, §§ 2, 7, 8; 1991, No. 1240, §§ 2, 7, 8; 1995, No. 3, § 8; 1997, No. 3, § 8.

A.C.R.C. Notes. Former § 10-2-123, concerning the Institute of Legislative Procedure, is deemed to be superseded by this section. The former section was derived from: Acts 1989 (1st Ex. Sess.), No. 143, § 7; 1989 (1st Ex. Sess.), No. 204, § 8. Similar provisions which were also codified as § 10-2-123, and were previously superseded, were derived from Acts 1985, No. 2, § 8; A.S.A. 1947, § 4-153; Acts 1987, No. 1, § 8; 1987, No. 2, § 7.

Acts 2011, No. 3, § 9, provided: “LEGISLATIVE INSTITUTE. Members of the preceding General Assembly and the newly elected members of the House of Representatives and Senate shall be eligible to attend the biennial Institute of Legislative Procedure and shall be entitled, upon filing claim therefor, to per diem in the amount fixed by law for members of the General Assembly to receive for attendance at Legislative sessions, for each day in attending the biennial Institute of Legislative Procedure plus mileage for traveling from their place of residence to the biennial Institute of Legislative Procedure and return.”

Acts 2012, No. 1, § 9, provided: “LEGISLATIVE INSTITUTE. Members of the preceding General Assembly and the newly elected members of the House of Representatives and Senate shall be eligible to attend the biennial Institute of Legislative Procedure and shall be entitled, upon filing claim therefor, to per diem in the amount fixed by law for members of the General Assembly to receive for attendance at Legislative sessions, for each day in attending the biennial Institute of Legislative Procedure plus mileage for traveling from their place of residence to the biennial Institute of Legislative Procedure and return.”

Acts 2018, No. 1, § 9, provided: “LEGISLATIVE INSTITUTE. Members of the preceding General Assembly and the newly elected members of the House of Representatives and Senate shall be eligible to attend the biennial Institute of Legislative Procedure and shall be entitled, upon filing claim therefor, to per diem in the amount fixed by law for members of the General Assembly to receive for attendance at Legislative sessions, for each day in attending the biennial Institute of Legislative Procedure plus mileage for traveling from their place of residence to the biennial Institute of Legislative Procedure and return.”

Acts 2020, No. 1, § 9, provided: “LEGISLATIVE INSTITUTE. Members of the preceding General Assembly and the newly elected members of the House of Representatives and Senate shall be eligible to attend the biennial Institute of Legislative Procedure and shall be entitled, upon filing claim therefore, to per diem in the amount fixed by law for members of the General Assembly to receive for attendance at Legislative sessions, for each day in attending the biennial Institute of Legislative Procedure plus mileage for traveling from their place of residence to the biennial Institute of Legislative Procedure and return”.

Cross References. Legislative Council, § 10-3-301 et seq.

Legislative Joint Auditing Committee, § 10-3-401 et seq.

10-2-124. Bills introduced to change existing circuit court districts.

  1. All bills introduced in either house of the General Assembly to change any of the existing circuit court districts through redistricting or by providing additional judgeships shall be referred to the Senate Judiciary Committee if the bill is from the Senate or the House Judiciary Committee if the bill is from the House of Representatives.
  2. The Senate Judiciary Committee or House Judiciary Committee shall request a letter certifying whether or not the proposed change meets the criteria of the Arkansas Judicial Council which shall be certified by the Secretary-treasurer of the Arkansas Judicial Council.
  3. No bill to change any of the existing circuit court districts through redistricting or providing additional judgeships shall be acted upon in either committee until a letter certifying that the proposed change meets the criteria has been attached to the bill. Upon suspension of the Joint Rules of the House of Representatives and the Senate, a bill may be withdrawn from the House Judiciary Committee or Senate Judiciary Committee and acted upon without the certification of the council attached thereto.

History. Acts 1989, No. 864, § 4.

10-2-125. Employees and officers.

  1. The House Management Committee with the approval of the Speaker of the House of Representatives may employ at its discretion employees of the House of Representatives and may transfer or discharge any employee if it is deemed in the best interest of the House of Representatives.
    1. The Senate Efficiency Committee at its discretion and subject to the approval of the Senate may employ, transfer, or discharge Senate employees if it is determined by the Senate Efficiency Committee to be in the best interest of the Senate.
    2. The actual salaries to be paid to employees of the Senate shall be determined by the Senate Efficiency Committee within the funds, appropriations, and maximum annual salaries as may be available.

History. Acts 1991, No. 1, § 2; 1991, No. 2, § 4; 1991, No. 30, §§ 7, 8; 1993, No. 671, § 7; 1995, No. 143, § 7; 2005, No. 693, § 8.

A.C.R.C. Notes. Acts 2001, No. 443, § 9, provided:

“SENATE EMPLOYEES. The Senate Efficiency Committee may, at its discretion and subject to the approval of the Arkansas Senate, employ, transfer or discharge Arkansas Senate employees if it is determined by the committee to be in the best interest of the Arkansas Senate. The actual salaries to be paid to employees of the Arkansas Senate shall be determined by the Senate Efficiency Committee within the funds, appropriations and maximum annual salaries as may be available.”

Acts 2012, No. 59, § 10, provided: “SALARIES. In order that exceptionally well-qualified personnel may be recruited and retained, the Senate may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in their operation appropriation act, and may exceed the maximum salary levels for the purpose of merit adjustments for all positions.”

Cross References. Appointment of officers and judging qualifications of members, Ark. Const., Art. 5, § 11.

10-2-126. Assistant to the President Pro Tempore of the Senate.

  1. The Assistant to the President Pro Tempore of the Senate shall be under the direction of the President Pro Tempore of the Senate.
  2. The amount of salary to be paid to the assistant shall be determined by the Senate Efficiency Committee.

History. Acts 1993, No. 1, § 2.

10-2-127. Fiscal impact statement — Definition.

    1. As used in this section, unless the context otherwise requires, “fiscal impact statement” means a realistic written statement of the purpose of a proposed law, or a rule promulgated under a law, and the estimated financial cost to the state or any local school district of implementing or complying with the proposed law or rule.
    2. The fiscal impact statement shall be developed by the Office of Economic and Tax Policy with the assistance of the Division of Elementary and Secondary Education within the guidelines adopted by the House Committee on Education and the Senate Committee on Education, as applicable.
  1. Any bill filed in the House of Representatives or Senate that will impose a new or increased cost obligation for education in grades kindergarten through twelve (K-12) on the State of Arkansas or any local school district shall have a fiscal impact statement attached to it prepared and filed with the chair of the committee to which the bill is referred:
    1. At least three (3) days before the bill may be called up for final action in the committee during a regular session of the General Assembly;
    2. At least three (3) days before the bill may be called up for final action in the committee during a fiscal session; and
    3. At least one (1) day before the bill may be called up for final action in the committee during a special session of the General Assembly.
      1. If any such House or Senate bill is called up for final passage in the House or Senate and a fiscal impact statement has not been provided by the author of the bill or by the committee to which the bill was referred, any member of the House or Senate may object to the bill's being called up for final passage until a fiscal impact statement is prepared and made available on the desk of each member of the House or Senate at least one (1) day prior to the bill's being called up for final passage.
      2. An affirmative vote of two-thirds (2/3) of a quorum present and voting shall override the objection.
    1. If an objection is made without override, the presiding officer of the House or Senate shall cause the bill to be referred to the office for the preparation of a fiscal impact statement which shall be filed with the presiding officer not later than five (5) days from the date of the request.

History. Acts 1995, No. 1253, §§ 1, 3; 2003 (2nd Ex. Sess.), No. 14, § 1; 2009, No. 962, § 14; 2019, No. 315, § 735; 2019, No. 910, § 2208.

Publisher's Notes. Acts 1995, No. 1253, § 1, is also codified as § 19-1-701. Acts 1995, No. 1253, § 3 is also codified as § 19-1-703.

Amendments. The 2009 amendment inserted present (b)(2) and redesignated the following subdivision accordingly.

The 2019 amendment by No. 315 substituted “rule” for “regulation” twice in (a)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

10-2-128. Observance of Dr. Martin Luther King, Jr. holiday.

In respect to Dr. Martin Luther King, Jr., and in observance of his birthday, neither the House of Representatives nor the Senate shall convene in session nor shall any of their committees meet on the third Monday in January.

History. Acts 1999, No. 306, § 1.

10-2-129. Drafting and information requests to legislative employees — Definitions.

  1. As used in this section:
    1. “Legislative employee” means an employee of the House of Representatives, the Senate, the Bureau of Legislative Research, Arkansas Legislative Audit, and the Arkansas Code Revision Commission; and
    2. “Legislator” means any member of the General Assembly or a member-elect of the General Assembly.
    1. A drafting request or information request made to a legislative employee by or on behalf of a legislator is confidential.
    2. The identity of the legislator making the request, except to the extent necessary to fulfill the request, and the existence of the request shall not be revealed to any person who is not a legislative employee without the consent of the legislator.
    1. Any supporting documents submitted or caused to be submitted to a legislative employee by a legislator in connection with a drafting or information request are confidential.
    2. Except to the extent necessary to fulfill the request, the document, copies of the document, or the identity of the person, firm, or association producing it shall not be provided to any person who is not a legislative employee without the consent of the legislator.
  2. Unless made public by the legislator, a drafting request, information request, supporting documents, and the drafts or the work product for a drafting request or information request are not public records under § 25-19-103.
    1. The Legislative Council may authorize the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation.
    2. If the Legislative Council authorizes the staff of the bureau to provide assistance to state agencies and constitutional officers in preparing legislation, the request, supporting documents, working papers, and drafts in the possession of the bureau are confidential and are not public records under § 25-19-103.
  3. Nothing in this section prohibits a legislative employee from working on similar or identical drafting requests or information requests from more than one (1) legislator.

History. Acts 2005, No. 1559, § 1; 2015, No. 554, § 2.

A.C.R.C. Notes. Acts 2005, No. 1260, § 1 provides in part that, effective July 1, 2005, employees of the Arkansas Code Revision Commission are transferred to the Bureau of Legislative Research and shall be employees of the bureau.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (a)(1).

10-2-130. Use of education studies commissioned by General Assembly.

    1. Any cost study analysis, cost study audit, adequacy study, or other study commissioned or funded by the General Assembly concerning the state's education system and any conclusion or recommendation resulting from a cost study analysis, cost study audit, adequacy study, or other study concerning the state's education system is not binding upon the General Assembly.
    2. The General Assembly may reject at any time any analysis, audit, or study and any conclusion or recommendation resulting from an analysis, audit, or study concerning the state's education system.
  1. A cost study analysis, cost study audit, adequacy study, or other study concerning the state's education system shall include, but is not limited to:
    1. Studies conducted under § 10-3-2101 et seq. and Acts 2003, No. 1181 [expired]; and
    2. Any study concerning the adequacy or equitability of the state's education system, including, but not limited to, the state's method of funding public school districts.

History. Acts 2006 (1st Ex. Sess.), No. 37, § 1.

10-2-131. Internet broadcast of proceedings.

  1. During regular sessions, fiscal sessions, and special sessions of the General Assembly, the House of Representatives and the Senate may broadcast live audio and video of their proceedings on the Internet.
  2. This requirement includes only proceedings held in the House Chamber and the Senate Chamber.

History. Acts 2007, No. 875, § 1; 2009, No. 962, § 15.

A.C.R.C. Notes. Acts 2007, No. 875, § 2, provided:

“This act shall apply beginning with the 2009 Regular Session of the General Assembly.”

Amendments. The 2009 amendment added the subsection designations; and inserted “sessions, fiscal sessions” following “regular” in (a).

10-2-132. People First advisory legislative sessions concerning disability issues.

Each biennium, the House of Representatives and the Senate shall establish a People First advisory legislative session concerning disability issues and authorize staff assistance to conduct the People First advisory legislative session.

History. Acts 2013, No. 769, § 1.

Subchapter 2 — Compensation and Expenses

Cross References. Compensation for attending meetings and conferences, §§ 10-3-20910-3-212.

No expense authorized except by bill duly passed and signed by Governor, Ark. Const., Art. 5, § 41 [as added to Art. 5 by Ark. Const. Amend. 19].

Effective Dates. Acts 1921, No. 115, § 4: Feb. 12, 1921. Emergency declared.

Acts 1961, No. 112, § 2: Feb. 17, 1961. Emergency clause provided: “It is hereby found and determined by the General Assembly that the appropriation for the payment of salaries of the members of the General Assembly for the current biennial period will expire on June 30, 1961; that the payment of the unpaid portion of the salaries due widows or next of kin of deceased members of the Sixty-Second General Assembly under the provision of this act will have to be paid on or before June 30, 1961 if the same is to be paid from the current appropriation; and that the immediate passage of this act is necessary to make such payment. Therefore, an emergency is hereby declared to exist and this act, immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1963, No. 259, §§ 3, 4: effective retroactive to Feb. 1, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law relative to the payment of the salary of deceased members of the General Assembly to the survivors of such members is limited to widows, children and next of kin, and that no provision is made for the payment of the same to surviving husbands of deceased members, and that this law is immediately necessary to correct this situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.” Approved March 18, 1963.

Acts 1975, No. 169, § 5: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the maximum allowable expense reimbursement provided in Act 274 of 1971 for expenses incurred by members of the General Assembly in carrying out their official duties during the interim is inadequate to permit proper reimbursement of members of the General Assembly for their actual expenses incurred in the performance of their duties; that it is essential to the effective and efficient administration of the legislative affairs of the state that the maximum monthly reimbursement authorization be increased effective July 1, 1975; that unless an emergency is declared, an extension of the Regular Session of the General Assembly might result in this act not becoming effective on July 1, 1975. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1985, No. 187, § 4: Feb. 26, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this state governing the per diem to be paid to members of the General Assembly for attendance at various interim committee meetings have been enacted at several legislative sessions, and there is a lack of uniformity in the per diem allowances for members of the General Assembly for attending meetings of a number of said interim committees, and that the immediate passage of this act is necessary in order to establish a uniform per diem allowance for members of the General Assembly who attend meetings of joint interim committees, or for performance of other legislative duties as authorized by law. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 935, § 17: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989 (1st Ex. Sess.), No. 3, § 17: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 116, § 15: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 143, § 18: June 23, 1989. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Seventh General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 204, § 16: June 23, 1989. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Seventy-Seventh General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1991, No. 7, § 19: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 30, § 14: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 969, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1991, No. 1240, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1995, No. 1312, § 36: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, Sections 9 as added by House Amendment 1, 12 as added by House Amendment 4, and 15 through 19 as added by House Amendment 10 shall be in full force and effect from and after the date of passage and approval and the remainder of the act shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 1285, § 32: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety Section 10 of this act shall be in full force and effect from and after the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 10 shall become effective on the expiration of the period of time during which the governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 10 shall become effective on the date the last house overrides the veto. The remaining sections of this act shall become effective from and after July 1, 1997.”

Acts 2003, No. 744, § 4: became law without the Governor's signature. Noted Mar. 27, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Eighty-Fourth General Assembly will not be able to complete its business without entering into an extended recess to enable its various committees to meet, study, and report on some important issues facing the General Assembly; that under present law, many of the committees are authorized to meet and receive reimbursement for expenses incurred in attending committee meetings only during the interim between sessions of the General Assembly and not during a recess; that this act is designed to permit committees to meet and conduct business during an extended recess of the General Assembly and should be given effect immediately to enable committees to meet and give the General Assembly the benefit of their findings and recommendations before the General Assembly reconvenes after the extended recess. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2100, § 22: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2007, No. 288, § 4: effective retroactively to March 1, 2007.

Acts 2007, No. 288, § 5: March 16, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the amount of legislative expense reimbursement, in lieu of per diem payments, and compensation for chairs and cochairs has not been updated in several years; that this act adjusts the payments for inflation factors; and that this act is immediately necessary in order to provide payments at the corrected amounts. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 2, § 6: Jan. 15, 2009. Emergency clause provided: “It is found and determined by the General Assembly, that the House of Representatives of the 87th General Assembly convenes in regular session on January 12, 2009; that expenses of the session begin immediately; and that the expenses are a just expense of state which must be paid at the time the services are provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 1, § 6: Jan. 19, 2011. Emergency clause provided: “It is found and determined by the General Assembly that the Arkansas Senate of the 88th General Assembly convenes in regular session on January 10, 2011; that expenses of the session begin immediately; and that the expenses are a just expense of the state which must be paid at the time the services are provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Identical Acts 2015, Nos. 555 and 556, § 5: Mar. 20, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the under Amendment 94 the Independent Citizens Commission submitted a recommendation regarding expense reimbursement to the Speaker of the House and the President Pro Tempore of the Senate; that the Speaker of the House and the President Pro Tempore of the Senate in coordination with the Independent Citizens Commission are implementing the recommendations submitted; and that this act is immediately necessary to ensure that provisions of Amendment 94 are carried out in accordance with its language. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Am. Jur. 72 Am. Jur. 2d, States, § 56.

C.J.S. 81A C.J.S., States, §§ 46, 47.

10-2-201. Payment of salaries.

    1. The annual salaries of members of the Senate and the House of Representatives established by law shall be payable in equal monthly installments from funds appropriated for that purpose.
    2. The Auditor of State is designated as disbursing officer of funds appropriated for payment of salaries of members of the General Assembly.
    3. The provisions of this subsection shall not apply to any per diem, mileage, or other allowances payable to members of the General Assembly, and the per diem, mileage, or other allowances shall be payable in the manner prescribed by law.
  1. The salaries which are due the members and officers of the General Assembly shall be certified by the President of the Senate and the Speaker of the House of Representatives, respectively, to the Auditor of State, who shall issue his or her warrant therefor on the Treasurer of State, which shall be paid out of any moneys in the State Treasury not otherwise appropriated.

History. Acts 1836, § 4, p. 46; C. & M. Dig., § 4958; Pope's Dig., § 6188; Acts 1959, No. 6, § 1; A.S.A. 1947, § 4-157.

10-2-202. Salary of deceased member.

  1. The Auditor of State is authorized and directed to pay to the surviving spouse, or if there is no surviving spouse then to the surviving children, or if there is no surviving spouse or children then to the next of kin of any member of the General Assembly who shall die before the expiration of his or her elected term, the monthly salary of the deceased member due and payable from the time of death to:
    1. The expiration of the deceased member's term; or
    2. Until the deceased member's successor shall have been elected and qualified.
  2. The payment shall be made monthly and shall be payable from the funds appropriated for the payment of legislative salaries.

History. Acts 1961, No. 112, § 1; 1963, No. 259, § 1; A.S.A. 1947, § 4-158.

10-2-203 — 10-2-210. [Reserved.]

Publisher's Notes. This section, concerning interim services of General Assembly members and public policy, was repealed by identical Acts 1991, Nos. 969 and 1240, § 10. The section was derived from Acts 1971, No. 274, § 1; A.S.A. 1947, § 4-138.

10-2-212. Per diem and mileage reimbursement.

    1. The Senate Efficiency Committee shall determine, within the limitations of the Arkansas Constitution and Internal Revenue Service guidelines, the amount of per diem and mileage reimbursement to be paid from Senate appropriations.
    2. Subdivision (a)(1) of this section does not apply to per diem, mileage, and expense reimbursements paid from funds disbursed by the Legislative Auditor or the Director of the Bureau of Legislative Research.
      1. The Speaker of the House of Representatives shall determine, within the limitations of the Arkansas Constitution and Internal Revenue Service guidelines, the amount of per diem and mileage reimbursement to be paid from House of Representatives appropriations.
      2. The Speaker of the House of Representatives shall notify the House of Representatives disbursing officer regarding the actions of the Speaker of the House of Representatives under this subsection.
    1. Subdivision (b)(1) of this section does not apply to per diem, mileage, and expense reimbursements paid from funds disbursed by the Legislative Auditor or the Director of the Bureau of Legislative Research.
  1. A member of the General Assembly shall not file with the House of Representatives or Senate claims for per diem or mileage reimbursement in excess of the maximum amount prescribed by law.

History. Acts 1971, No. 274, § 2; 1975, No. 169, § 1; A.S.A. 1947, § 4-139; Acts 1991, No. 969, § 1; 1991, No. 1240, § 1; 1995, No. 1312, §§ 12, 22; 1997, No. 1285, §§ 14, 19; 2007, No. 288, § 1, 2; 2015, No. 555, § 2; 2015, No. 556, § 2.

A.C.R.C. Notes. As enacted, subdivision (d)(3) provided that an election not to receive per diem and mileage payments must occur prior to “adjournment of the 1991 regular session and prior to” the fifth day of the “succeeding” regular sessions.

Acts 2007, No. 288, § 4, provided: “This act shall apply retroactively to March 1, 2007.”

Amendments. The 2007 amendment substituted “fourteen thousand four hundred dollars ($14,400)” for “nine thousand six hundred dollars ($9,600)” in (c); and in (d), substituted “ten thousand two hundred dollars ($10,200)” for “six thousand eight hundred dollars ($6,800)” in (1), and added (3)(B) and made a related change.

The 2015 amendment by identical acts Nos. 555 and 556 substituted “Per diem and mileage reimbursement” for “Reimbursable expenses” in the section heading; deleted former (a)(1) and redesignated former (a)(2) as (a)(1); in present (a)(1), deleted “The Senate Efficacy Committee is hereby authorized to establish the method of reimbursing members of the Senate for ordinary and necessary expenses incurred in the performance of their duties as members of the General Assembly” at the beginning and deleted “which expenditures constitute ordinary and necessary expenses and” following “guidelines”; substituted “Subdivision (a)(1)” for “Subsection (a)” at the beginning of present (a)(2); deleted former (b)(1) and redesignated former (b)(2)(A) as (b)(1)(A); in (b)(1)(A), deleted “The Speaker of the House of Representatives is hereby authorized to establish the method of reimbursing members of the House for ordinary and necessary expenses incurred in the performance of their duties as members of the General Assembly” at the beginning and deleted “which expenditures constitute ordinary and necessary expenses and” following “guidelines”; substituted “Subdivision (b)(1)” for “Subsection (b)” in present (b)(2); deleted former (c) and (d) and redesignated (e) as (c); and, in present (c), inserted “of Representatives” following “House” and substituted “per diem or mileage reimbursement” for “reimbursement for expenses.”

Case Notes

Constitutionality.

As the constitutional amendment delineating the compensation of legislators contains no prohibition of additional compensation, this section and §§ 10-2-211 (repealed) and 10-2-213 (repealed), giving them allowances during the interim period between legislative sessions, are constitutional. Jones v. Mears, 256 Ark. 825, 510 S.W.2d 857 (1974) (decided under Const. Amend. 37, now see Const. Amend. 56).

10-2-213, 10-2-214. [Repealed.]

Publisher's Notes. These sections, concerning reimbursement for interim and regular and extraordinary sessions expenses, were repealed by identical Acts 1991, Nos. 969 and 1240, § 10. The sections were derived from the following sources:

10-2-213. Acts 1971, No. 274, § 3; 1975, No. 169, § 2; 1983, No. 52, § 1; 1983, No. 933, § 11; A.S.A. 1947, §§ 4-140, 4-140.1; Acts 1989 (1st Ex. Sess.), No. 3, § 11.

10-2-214. Acts 1987, No. 1, § 5; 1987, No. 2, § 5; 1987, No. 935, § 13; 1989 (1st Ex. Sess.), No. 143, § 5; 1989 (1st Ex. Sess.), No. 204, § 5.

10-2-215. Expense reimbursement for committee chairs, vice chairs, and cochairs.

    1. The chair of each of the standing, select, and joint committees of either house of the General Assembly, the cochairs of the Legislative Council and the chairs of each subcommittee of the Legislative Council, the cochairs of the Legislative Joint Auditing Committee and the chairs of each subcommittee of the Legislative Joint Auditing Committee, the Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives, the Speaker Designate of the House of Representatives, the President Pro Tempore of the Senate, the President Pro Tempore Designate of the Senate, the House and Senate chairs of the Review/PEER Subcommittee of the Joint Budget Committee, the Personnel Subcommittee of the Joint Budget Committee, the Claims Subcommittee of the Joint Budget Committee, and the Special Language Subcommittee of the Joint Budget Committee, and the cochair of any committee of the General Assembly which does not function during the legislative session shall be eligible to receive an additional three thousand six hundred dollars ($3,600) per year for reimbursement of legislative expenses incurred.
      1. The vice chair of each of the standing, select, and joint committees of either house of the General Assembly and the vice chairs of the Legislative Council shall be eligible to receive two thousand four hundred dollars ($2,400) per year for reimbursement of legislative expenses incurred.
      2. If a member of the General Assembly is eligible to receive payment under this subdivision (a)(2) due to service in more than one (1) covered position, the member shall be eligible to receive three thousand six hundred dollars ($3,600) per year for reimbursement of legislative expenses incurred.
      1. The chair of each subcommittee of each standing committee of either house shall be eligible to receive an additional one thousand eight hundred dollars ($1,800) per year for reimbursement of legislative expenses incurred.
      2. If a member of the General Assembly is eligible to receive payment under this subdivision (a)(3) due to service in more than one (1) covered position, the member shall be eligible to receive three thousand six hundred dollars ($3,600) per year for reimbursement of legislative expenses incurred.
    2. A member of the General Assembly shall not receive more than three thousand six hundred dollars ($3,600) per year under this section for reimbursement of legislative expenses incurred.
  1. The chair of a committee established by rule of the House of Representatives or the Senate also may receive reimbursement of legislative expenses incurred under subsection (a) of this section if authorized by rule of the House of Representatives or the Senate.
      1. A member of the Senate may seek reimbursement for expenses under subsection (a) or subsection (b) of this section by filing a signed statement of legislative expenses incurred during each calendar month with the Secretary of the Senate.
      2. Expenses shall be paid from funds appropriated for such purposes for the use of the Senate.
      1. A member of the House of Representatives may seek reimbursement for expenses under subsection (a) or subsection (b) of this section by filing a signed statement of legislative expenses incurred during each calendar month with the Coordinator of House Legislative Services.
      2. Expenses shall be paid from funds appropriated for such purposes for the use of the House of Representatives.
  2. A member of the General Assembly shall not file with the House of Representatives or Senate claims for expense reimbursement in excess of the maximum amount prescribed by law.

History. Acts 1987, No. 935, § 13; 1989 (1st Ex. Sess.), No. 3, § 12; 1991, No. 7, § 12; 1991, No. 969, § 3; 1991, No. 1240, § 3; 1995, No. 1312, § 15; 1997, No. 1285, § 16; 2005, No. 2100, § 14; 2007, No. 288, § 3; 2009, No. 2, § 5; 2009, No. 84, § 1; 2009, No. 248, § 1; 2011, No. 1, § 3; 2015, No. 555, § 3; 2015, No. 556, § 3.

A.C.R.C. Notes. Former § 10-2-215, concerning additional compensation for committee chairmen and cochairmen, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 273, § 13; A.S.A. 1947, § 4-140.2.

As amended by Acts 1995, No. 1312, § 15, subsection (a) ended:

“Provided however, the House chairperson of the Review/PEER Subcommittee and the Personnel Subcommittee of the Joint Budget Committee shall commence receiving the additional allowance during the month when presession budget hearings begin prior to the 1997 Regular Session.”

Acts 2007, No. 288, § 4, provided: “This act shall apply retroactively to March 1, 2007.”

Pursuant to Acts 2009, No. 248, § 5, the amendment of § 10-2-215 by Acts 2009, No. 248, § 1, is superseded by the amendment of § 10-2-215 by Acts 2009, Nos. 2 and 84.

Amendments. The 2007 amendment, in (a), divided and the introductory paragraph as (1) and (2), in (2) inserted “the chairs of each subcommittee of Legislative Council,” “and the chairs of each subcommittee of Legislative Joint Auditing Committee,” “president Pro Tempore Designate,” and “and Senate,” and substituted “three thousand six hundred dollars ($3,600)” for “two thousand four hundred dollars ($2,400)”, in (2), substituted “one thousand eight hundred dollars ($1,800)” for “one thousand two hundred dollars ($1,200)” and added the second sentence, added (3), and made related changes.

The 2009 amendment by No. 2, in (a), inserted “the Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives” in (a)(1), inserted (a)(2), redesignated the remaining subdivisions accordingly, changed an internal section reference in (a)(3), and made related changes.

The 2009 amendment by No. 84 added (c).

The 2009 amendment by No. 248 rewrote (a) and redesignated its provisions as (a) through (c); in (b)(1), substituted “of the General Assembly is” for “shall be,” deleted “an additional” following “to receive,” and added “in addition to the expense allowance provided by § 10-2-212”; in (b)(2), added “in addition to the expense allowance provided in § 10-2-212” and made minor stylistic changes; in (d), inserted “provided by this section” following “allowance,” deleted “and all laws amendatory and supplemental thereto” from the end and made minor stylistic changes.

The 2011 amendment inserted “the President Pro Tempore of the Senate” and inserted “of the Senate” following “President Pro Tempore Designate” in (a)(1).

The 2015 amendment by identical acts Nos. 555 and 556 substituted “Expense reimbursement” for “Additional compensation” in the section heading; added “for reimbursement of legislative expenses incurred” throughout (a); deleted “In addition to the expense allowance provided by § 10-2-212 and all laws amendatory and supplemental thereto” at the beginning of (a)(1); in (a)(2)(A), deleted “In addition to the expense allowance provided by § 10-2-212” at the beginning, deleted “House” preceding “vice chair,” inserted “of either house of the General Assembly,” and substituted “vice chairs” for “House vice chair”; substituted “General Assembly” for “House” in (a)(2)(B); redesignated former (a)(3) as (a)(3)(A) and (B); deleted former (b) and redesignated (c) as (b); in present (b), inserted “of Representatives or the Senate” twice and substituted “reimbursement of legislative expenses incurred” for “an allowance”; and added (c) and (d).

10-2-216. [Repealed.]

Publisher's Notes. This section, concerning reimbursement for legislative services personnel, was repealed by identical Acts 2015, Nos. 555 and 556, § 4. The section was derived from Acts 1989 (1st Ex. Sess.), No. 143, § 14; 1989 (1st Ex. Sess.), No. 204, § 13; 1991, No. 30, § 13.

10-2-217. Compensation for members of interim committees and for performance of other interim duties.

    1. Members or alternate members serving as members of the interim committees of the General Assembly as defined in subsection (b) of this section and members of the General Assembly who shall perform “other interim legislative duties as authorized by law” as defined in subsection (b) of this section shall be entitled to receive per diem and mileage reimbursement in the amount prescribed by the Legislative Council not to exceed the amount as prescribed by regulations of the Internal Revenue Service.
    2. However, members of the General Assembly shall not be entitled to per diem for attendance at regional or national meetings and seminars held outside the State of Arkansas, but in lieu thereof they shall be entitled to reimbursement for actual, reasonable, and necessary expenses for meals, lodging, transportation, and mileage, as authorized by law.
  1. As used in this section:
    1. “Interim committees of the General Assembly” means and includes:
      1. The Legislative Council, as established by § 10-3-301;
      2. The Legislative Joint Auditing Committee, as established by § 10-3-401;
      3. The respective interim committees of the General Assembly, established and authorized by § 10-3-203;
      4. The Joint Interim Committee on Legislative Facilities, as established by § 10-3-1101;
      5. The Joint Committee on Legislative Printing Requirements and Specifications, as established by § 10-3-602;
      6. The Joint Committee on Public Retirement and Social Security Programs, as established by § 10-3-701;
      7. The Joint Interim Committee on Energy, as established by § 10-3-820;
      8. The Joint Performance Review Committee, as established by § 10-3-901; and
      9. Any other interim committee of the General Assembly created by law; and
    2. “Other interim legislative duties as authorized by law” includes:
      1. Service by members of the General Assembly in connection with the legislative program of Boys State and Girls State, as authorized by § 10-2-121;
      2. Attendance by members and members-elect of the General Assembly at the biennial Institute of Legislative Procedure held preceding the convening of each regular session of the General Assembly, as authorized by law; and
      3. The performance of other interim legislative duties which are not specifically enumerated in this section, but for which per diem and mileage reimbursement is authorized by law.
  2. It is the intent of this section to establish uniform per diem and mileage allowances for attendance by members of the General Assembly at meetings of interim committees of the General Assembly and for performing other interim legislative duties as members of the General Assembly where authorized by law.
  3. The allowances provided in this section shall be in lieu of per diem and mileage allowances which otherwise may have been established by laws enacted prior to February 26, 1985.

History. Acts 1985, No. 187, §§ 1-3; A.S.A. 1947, §§ 4-1007.1, 4-1007.2, 4-1007.2n; Acts 1989 (1st Ex. Sess.), No. 116, § 11; 1991, No. 969, § 4; 1991, No. 1240, § 4.

10-2-218. [Repealed.]

Publisher's Notes. This section, concerning a transportation allowance for the President Pro Tempore of the Senate, was repealed by Acts 1993, No. 671, § 12. The section was derived from Acts 1989 (1st Ex. Sess.), No. 3, § 13.

10-2-219, 10-2-220. [Reserved.]

  1. Each house shall control its own contingent expenses. When any account properly chargeable to the House of Representatives shall be adjusted and allowed according to the Rules of the House of Representatives, a certificate thereof shall be granted, signed by the Speaker of the House of Representatives, and attested by the Chief Clerk of the House of Representatives. When any account or demand for contingent expenses of the Senate shall be allowed, according to the Rules of the Senate, a certificate thereof shall be granted, signed by the President of the Senate and attested by the Secretary of the Senate.
  2. All joint and contingent expenses shall be controlled by the concurrent vote of both houses and shall be ascertained and adjusted according to their joint rules, and a certificate thereof shall be signed by the President of the Senate and countersigned by the Secretary of the Senate.
  3. Every certificate issued in accordance with the provisions of this section shall specify the amount due, on what account, and the fund out of which it is to be paid. The Auditor of State, on the delivery of any such certificate to him or her, shall draw his or her warrant therefor accordingly as in the case of other demands against the state.

History. Rev. Stat., ch. 90, §§ 13-15; C. & M. Dig., §§ 4959 - 4961; Pope's Dig., §§ 6189 - 6191; A.S.A. 1947, §§ 4-506 — 4-508.

Case Notes

In General.

This section is merely declaratory of an essential power of each house. Ashton v. Ferguson, 164 Ark. 254, 261 S.W. 624 (1924).

10-2-222. Printing, stationery, and supplies.

  1. The Chief Clerk of the House of Representatives shall procure all printing, stationery, paper, and other necessary supplies for the use of the House of Representatives and shall have the power to distribute them among the members.
  2. The Secretary of the Senate shall procure all printing, stationery, paper, and other necessary supplies for the use of the Senate and shall have the power to distribute them among the members thereof.
  3. The Chief Clerk of the House of Representatives and the Secretary of the Senate shall let all contracts for the articles enumerated in this section. Contracts shall be let to the lowest and best responsible bidder.
  4. The Chief Clerk of the House of Representatives and the Secretary of the Senate shall give notice by one (1) publication in a newspaper having a circulation in the State of Arkansas that contracts for the printing and supplies herein enumerated are to be let and that three (3) days from the date of publication of the newspaper all bids for the contracts of printing and for furnishing supplies will be opened to ascertain the best and lowest bid. No bid shall be opened sooner than three (3) days from the date of publication of the notice.
  5. All bids must be in writing and under seal.

History. Acts 1921, No. 115, §§ 1-3; Pope's Dig., §§ 6182 - 6184; A.S.A. 1947, §§ 4-503 — 4-505.

Cross References. Contracts given to lowest responsible bidder, Ark. Const. Amend. 54.

State publications, § 25-18-201 et seq.

10-2-223. Authorization to meet during legislative recess — Compensation.

  1. The various committees of the General Assembly that are authorized to meet during the interim between legislative sessions are hereby authorized to meet during a recess of the General Assembly of two (2) weeks or more in duration.
  2. A member of the General Assembly attending meetings of his or her assigned committees or meetings of committees to which he or she is invited by the chair or chairs during the recess shall be entitled to mileage and per diem at the same rate and from the same sources as for attending committee meetings held after sine die adjournment of the General Assembly.

History. Acts 2003, No. 744, § 1.

Publisher's Notes. Acts 2003, No. 744 became law without the Governor's signature.

10-2-224. Compensation for attendance at national or regional conferences.

  1. When the General Assembly is in recess for a period of two (2) weeks or more, a member of the General Assembly is:
    1. Authorized to attend national or regional conferences under the same conditions as apply to the attendance at the conferences after sine die adjournment of the General Assembly; and
    2. Entitled to receive reimbursement from the same sources and under the same conditions for conferences occurring after sine die adjournment for:
      1. Reasonable and necessary expenses for:
        1. Travel;
        2. Meals; and
        3. Lodging; and
      2. Other authorized expenses.
    1. A member of the General Assembly may travel to a national or regional conference by commercial airplane, private vehicle, or other approved method of transportation.
      1. Reimbursement for out-of-state travel is the lesser rate of reasonable airfare or the established rate of private car mileage based on map mileage when driven.
      2. Travel authorized by a chair of a legislative committee shall also be subject to approval by the Speaker of the House of Representatives or the President Pro Tempore of the Senate.
      3. When the Speaker of the House of Representatives or the President Pro Tempore of the Senate provides the written authorization to travel, the Speaker of the House of Representatives or his or her designee or the President Pro Tempore of the Senate or his or her designee shall determine the amount of reimbursement in dollars and cents.
      1. A member of the General Assembly who prefers to be reimbursed for travel to a national or regional conference by a mode of transportation other than private vehicle or commercial airplane shall submit a request for reimbursement to the Speaker of the House of Representatives or the President Pro Tempore of the Senate in a manner established respectively by the Speaker of the House of Representatives or the President Pro Tempore of the Senate.
      2. A member of the General Assembly who submits a request for reimbursement under subdivision (b)(3)(A) of this section shall be reimbursed at a rate documented in writing and approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate.

History. Acts 2003, No. 744, § 2; 2011, No. 48, § 1; 2011, No. 71, § 1.

Publisher's Notes. Acts 2003, No. 744 became law without the Governor's signature.

Amendments. The 2011 amendment by identical acts Nos. 48 and 71 added (b).

10-2-225. Funds.

Funds appropriated to the Bureau of Legislative Research for interim committee study expenses shall be available for use by interim committees meeting during an extended recess of the General Assembly as authorized in § 10-2-223.

History. Acts 2003, No. 744, § 3.

Publisher's Notes. Acts 2003, No. 744 became law without the Governor's signature.

Subchapter 3 — Witnesses

Cross References. Powers of each house, Ark. Const., Art. 5, § 12.

Effective Dates. Acts 1875, No. 37, § 5: effective on passage.

Research References

Am. Jur. 72 Am. Jur. 2d, States, § 48 et seq.

C.J.S. 81A C.J.S., States, § 56 et seq.

10-2-301. Compelling attendance — Orders — Sentences.

  1. The Senate and the House of Representatives meeting separately or in joint meeting may:
    1. Issue the necessary subpoenas and process to summon and compel a person to appear before them or a committee thereof;
    2. Carry into execution their orders and sentences; and
    3. Summon and compel the attendance of witnesses in as full a manner as a court of law and with like effect.
  2. A subpoena for a witness shall be issued at the request of:
    1. A member of the Senate or a member of the House with the majority support of the member's respective house;
    2. The President Pro Tempore of the Senate on behalf of the majority of the members of the Senate;
    3. The Speaker of the House of Representatives on behalf of the majority of the members of the House; and
    4. The party accused.

History. Rev. Stat., ch. 90, § 8; C. & M. Dig., § 4929; Pope's Dig., § 6151; A.S.A. 1947, § 4-201; Acts 2009, No. 1465, § 2.

Amendments. The 2009 amendment rewrote the section.

10-2-302. [Repealed.]

Publisher's Notes. This section, concerning requests for subpoenas, was repealed by Acts 2009, No. 1465, § 3. This section was derived from Rev. Stat., ch. 90, § 9; C. & M. Dig., § 4930; Pope's Dig., § 6152; A.S.A. 1947, § 4-202.

10-2-303. Process — Issuance and execution.

  1. All process issued by the House of Representatives and subpoenas and other process for witnesses when attendance may be required in the House or before a committee of the House shall be under the hand of the Speaker of the House of Representatives and attested by the Chief Clerk of the House of Representatives.
  2. All process issued by the Senate shall be under the hand of the President Pro Tempore of the Senate and attested by the Secretary of the Senate.
  3. All process issued for a joint meeting of the Senate and the House shall be under the hand of the:
    1. Speaker of the House of Representatives and attested by the Chief Clerk of the House of Representatives if the process was requested by a member of the House or the Speaker of the House of Representatives; or
    2. President Pro Tempore of the Senate and attested by the Secretary of the Senate if the process was requested by:
      1. A member of the Senate;
      2. The President Pro Tempore of the Senate; or
      3. The party accused if the party accused is not a member of the House, a member of the Senate, the Speaker of the House of Representatives, or the President Pro Tempore of the Senate.

History. Rev. Stat., ch. 90, § 10; C. & M. Dig., § 4931; Pope's Dig., § 6153; A.S.A. 1947, § 4-203; Acts 2009, No. 1465, § 4.

Amendments. The 2009 amendment rewrote (a) and (b); and added (c).

10-2-304. Fees, costs, and expenses.

  1. Every witness attending either house or a committee thereof or a joint meeting of both houses, being summoned, shall be allowed the same fees as allowed by law to witnesses for their attendance in any court, to be paid as other costs.
  2. The fees of all officers and witnesses before either house, or a joint meeting, and all other costs and expenses arising therein, shall be paid out of the contingent fund of the house in which the proceedings may be had or if had in a joint meeting of both houses, then out of the contingent fund of the General Assembly unless the party charged be adjudged to pay the costs and expenses, in which case he or she shall pay them, and payment may be enforced by attachment.

History. Rev. Stat., ch. 90, §§ 11, 12; C. & M. Dig., §§ 4932, 4933; Pope's Dig., §§ 6154, 6155; A.S.A. 1947, §§ 4-204, 4-205.

10-2-305. Depositions.

  1. In cases not otherwise provided for by law, depositions may be taken and read in either house or before a committee thereof, or before both houses in joint meeting, in all cases in which the taking and reading of depositions would be allowed in any cause pending before a court of law.
  2. When necessary, the presiding officer of the house in which they may be required or of a joint meeting may issue commissions to take such depositions.
  3. The proceedings in taking and returning depositions shall be the same as may be prescribed by law for taking depositions to be read in a court of law.

History. Rev. Stat., ch. 90, §§ 6, 7; C. & M. Dig., §§ 4927, 4928; Pope's Dig., §§ 6149, 6150; A.S.A. 1947, §§ 4-206, 4-207.

10-2-306. Administration of oaths by committee — Depositions — Perjury.

  1. The chair or a member at any time acting as chair of a committee of either house of the General Assembly or joint committee of the two (2) houses of the General Assembly, or his or her designee, when the committee is empowered to issue subpoenas for persons, papers, or records, shall be fully empowered to administer oaths and to take depositions for the purpose for which the committee or joint committee is empowered to issue subpoenas for persons, papers, or records.
    1. If a person subpoenaed to appear before the Senate, the House of Representatives, or a Senate or House committee or joint interim committee fails to appear or produce subpoenaed material, the fact of the refusal to appear or produce subpoenaed material shall be certified to the circuit court of the county in which the hearing is held.
    2. The circuit court shall punish the person for contempt of the General Assembly under subdivision (b)(1) of this section in the same manner as punishment for contempt is imposed for failure to respond to a subpoena or directive of the circuit court.
  2. A person who is administered the oath and who provides false testimony while under oath is guilty of perjury and subject to the penalties prescribed by law.

History. Acts 1875, No. 37, § 1, p. 113; C. & M. Dig., § 4944; Pope's Dig., § 6166; A.S.A. 1947, § 4-208; Acts 2009, No. 1465, § 5.

Amendments. The 2009 amendment rewrote the section.

Cross References. Perjury, § 5-53-102.

10-2-307. Subpoena by committee.

The committee so empowered may issue its subpoena signed by its chair or acting chair for the attendance of witnesses and the production of papers or records, and the subpoena may be served by any officer authorized to serve process in civil cases.

History. Acts 1875, No. 37, § 2, p. 113; C. & M. Dig., § 4945; Pope's Dig., § 6167; A.S.A. 1947, § 4-209; Acts 2009, No. 1465, § 5.

Amendments. The 2009 amendment substituted “subpoena” for “summons” in the section heading and the section.

10-2-308. Interrogatories by committee.

  1. If in the discretion of the committee it is desirable to take the testimony of any witness without having the witness present, this may be done by reducing to writing the interrogatories to be proposed to the witness and forwarding them to any officer in this state authorized to administer oaths, and he or she is clothed with power and authorized to compel the attendance of the witness before him or her at a place to be by him or her designated by summons and attachment and to take the answer of the witness to the interrogatories, requiring the witness to subscribe and swear to the truthfulness of the interrogatories, which affidavit shall be certified by the officer.
  2. The usual fees allowed officers for taking depositions and witnesses for their attendance shall be allowed for the services authorized by this section, to be paid as other current expenses of the General Assembly. The fees shall not be demanded in advance.

History. Acts 1875, No. 37, § 3, p. 113; C. & M. Dig., § 4946; Pope's Dig., § 6168; A.S.A. 1947, § 4-210.

Subchapter 4 — Lobbyists

10-2-401 — 10-2-404. [Repealed.]

Publisher's Notes. This subchapter, concerning lobbyists, was repealed by Acts 1989, No. 851, § 1. The subchapter was derived from the following sources:

10-2-401. Acts 1967, No. 162, § 1; A.S.A. 1947, § 4-801.

10-2-402. Acts 1967, No. 162, § 2; A.S.A. 1947, § 4-802.

10-2-403. Acts 1967, No. 162, § 3; A.S.A. 1947, § 4-803.

10-2-404. Acts 1967, No. 162, § 4; A.S.A. 1947, § 4-804.

Subchapter 5 — Bills, Resolutions, and Amendments

Effective Dates. Acts 2003, No. 1725, § 2: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly that our present state of technology makes it possible for members of the General Assembly to more readily communicate with staff; that past procedures for preparation of documents for the General Assembly are antiquated and in some instances produce unintended results; that this act will provide the staff with necessary guidance; and that this act must go into effect as soon as possible in order to enhance the legislative process. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 493, § 3: Mar. 2, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current law concerning preparation of legislation by the Bureau of Legislative Research is too restrictive and impairs the function of the General Assembly; that this act corrects deficiencies in the law; and that this act is immediately necessary in order to assist the operations of the 2005 regular session of the General Assembly. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-2-501. Preparation.

  1. A member of the General Assembly may choose to impose the restrictions of subsection (b) of this section by filing written notice with the Director of the Bureau of Legislative Research.
  2. If requested in writing by a member of the General Assembly, the staff of the Bureau of Legislative Research shall not:
    1. Draft any bill, resolution, or amendment for the member pursuant to the instructions of a lobbyist registered under § 21-8-601 without the prior direct approval of the member;
    2. List the name of the member on any bill, resolution, or amendment pursuant to the instructions of a lobbyist registered under § 21-8-601 without the prior direct approval of the member; or
    3. On a bill, resolution, or amendment of which the member is the lead sponsor, establish the order of cosponsors pursuant to the instructions of a lobbyist registered under § 21-8-601 without the prior direct approval of the lead sponsor.
  3. The prior direct approval requirement of this section is met when a senator or representative communicates authorization to the staff of the bureau by telephone, electronic mail, fax, other written document, or in person.

History. Acts 2003, No. 1725, § 1; 2005, No. 493, § 1.

Cross References. Disclosure by lobbyists, § 21-8-601 et seq.

10-2-211. [Repealed.]

10-2-221. Contingent expenses.

Chapter 3 Committees

A.C.R.C. Notes. References to “this chapter” in subchapters 1-16 and 19 may not apply to subchapters 17, 18, and 20, which were enacted subsequently.

Research References

Am. Jur. 72 Am. Jur. 2d, States, § 50 et seq.

C.J.S. 81A C.J.S., States, § 55.

Subchapter 1 — General Provisions

10-3-101. Presession assignment of regular standing committees.

The presession assignments of members of regular standing Senate and House of Representatives committees and the designation of committee chair and vice chair shall be made in the Senate pursuant to the Rules of the Senate and in the House by the Speaker-elect of the House of Representatives as soon as is feasible after each biennial general election.

History. Acts 1973, No. 208, § 1; A.S.A. 1947, § 4-143; Acts 2001, No. 627, § 1.

10-3-102. Presession meetings.

  1. The Senate and House of Representatives standing committees appointed after the biennial general election as provided in § 10-3-101 are authorized to meet during the months of December and January prior to the convening of the General Assembly for the purpose of taking under consideration prefiled bills assigned to the various committees and for the purpose of holding hearings on those bills. No final committee recommendations shall be made on any bills prefiled and submitted to the various committees until after the General Assembly is convened in session.
  2. Members of Senate and House standing committees attending presession committee meetings as authorized in this section shall be entitled to receive per diem and mileage for attending the meetings.

History. Acts 1973, No. 208, § 2; A.S.A. 1947, § 4-144.

Subchapter 2 — Interim Committees Generally

A.C.R.C. Notes. Acts 1995 (1st Ex. Sess.), No. 10, § 16, provided:

“Nothing in this act shall affect any statutorily created subcommittee of a joint interim committee.”

Effective Dates. Acts 1973, No. 810, § 4: Apr. 16, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that in the event it is necessary for the General Assembly to recess for a period in excess of seven calendar days, the members of the House and Senate will incur expenses during such recess for performing the duties of their office and should be allowed reimbursement for such expenses within the limitations prescribed in Act 274 of 1971; that if the General Assembly finds it necessary to recess for a period in excess of thirty days, it is essential that the Legislative Council, the Legislative Joint Auditing Committee and other interim committees be authorized to conduct their normal business during such recess; and that this act is immediately necessary to permit such committees to meet and to authorize the members of the General Assembly to receive reimbursement for expenses incurred during the recess. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 289, § 2: Mar. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that each session of the General Assembly considers numerous bills proposing amendments, changes, or additions to the publicly supported retirement systems, and that due to the limitations of the time available during each Regular and Special Session, there are not sufficient opportunities to adequately study and review many aspects of the retirement systems that would be affected by such proposed legislation; and that the establishment of a Joint Interim Committee of the General Assembly to serve as an overview committee over the various retirement systems is essential to the proper functioning of the General Assembly; and that the immediate passage of this act is necessary in order to establish the Joint Interim Committee on Public Retirement and Social Security Programs in order that said committee may enter upon its duties immediately upon adjournment of the Seventieth Session of the General Assembly. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 50, § 2: Feb. 5, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the establishment and functioning of a sound and adequate system of joint interim committees of the General Assembly is essential to the operation of the legislative department of government, and that the immediate passage of this act is necessary to enable the Joint Interim Committee on Aging, and Legislative Affairs to commence to perform its duties immediately upon adjournment of the Regular Session of the Seventy-Second General Assembly. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 97, § 2: Feb. 11, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the establishment and functioning of a sound and adequate system of joint interim committees of the General Assembly is essential to the operation of the legislative department of government, and that the immediate passage of this act is necessary to enable the Joint Interim Committee on Aging, and Legislative Affairs to commence to perform its duties immediately upon adjournment of the Regular Session of the Seventy-Second General Assembly. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 310, § 2: Mar. 6, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the rules of the respective houses have been amended to rename their Committee on Economic and Industrial Resources and Development as the Committee on Agriculture, Economic, and Industrial Resources and Development, and that in order that said committees may function as a Joint Interim Committee on Agriculture, Economic, and Industrial Resources and Development, as provided by law, the immediate passage of this act is necessary in order that said Committee may commence functioning immediately upon the adjournment of the 1979 Regular Session. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 709, § 3: Mar. 23, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present name of the Committee on Agriculture, Economic, and Industrial Resources and Development, is unnecessarily long and creates problems on making reference to the committee by name; that the name Agriculture and Economic Development is sufficiently descriptive of the subject matter jurisdiction of the committee; that this act is designed to change the name of the committee to the more appropriate name and should be given effect immediately in order to enable the committee to commence functioning under the new name immediately upon adjournment of the 1983 Regular Session of the General Assembly. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 273, § 16: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1991, No. 969, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1991, No. 1240, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1995 (1st Ex. Sess.), No. 10, § 24: Oct. 23, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current law relating to the operation of interim committees of the General Assembly unduly restricts the interim work of the General Assembly by authorizing committees to meet only as joint committees of the House of Representatives and the Senate; that in order to enable the Senate and House of Representatives to efficiently and effectively perform their interim duties, it is necessary that the interim committees of each house be authorized to meet either jointly or separately and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1242, § 6: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Department of Arkansas State Police has had ongoing financial difficulty for over twelve (12) years; that the State Police Retirement System has sustained investment losses of approximately one hundred million dollars ($100,000,000) within the last two (2) years; that a larger investment pool is needed to help reduce risk and enhance returns; that the Arkansas Public Employees' Retirement System has the size and expertise to effectively reduce the volatility of returns, enhance relative returns, and best protect the State Police Retirement System; and that this act is immediately necessary to protect the members and beneficiaries of the State Police Retirement System. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-201. Legislative findings.

  1. It is found and determined by the General Assembly that:
    1. There has been a phenomenal increase in the volume and complexity of matters affecting state and local government and affecting the citizens of the state, which must be considered and determined by the General Assembly at each session;
    2. The cost of state and local government has increased significantly in the past few years and the General Assembly has the primary responsibility for allocating state revenues to the various agencies, departments, and programs of state government as well as to the various political subdivisions and school districts within the state;
    3. It is not possible during the limited legislative sessions for the members of the General Assembly to make the detailed studies and investigations and to give the very important matters coming before it the necessary consideration and deliberation that is essential for it to make decisions in the best interests of this state and its citizens;
    4. The great increase in the number, complexity, and magnitude of federal programs and projects which must be administered primarily at the state and local level, together with the unprecedented growth and increase in state programs, projects, and services, and the necessary increases in revenues of the state which provide support for these programs, make it necessary that the General Assembly and the members thereof spend a great deal more time in becoming familiar with the various programs, projects, and services in order that they may properly represent their constituents in those matters when they come before the General Assembly; and
    5. In order for the members of the General Assembly to carry out their primary responsibility of making decisions in behalf of the citizens of this state regarding the many expensive but worthwhile programs, projects, and services, and regarding the allocation of revenues to finance the more essential programs, projects, and services and to wisely enact and revise both civil and criminal laws applicable in this state, it is necessary that a system of interim committees of the General Assembly be established whereby the individual members of the House of Representatives and Senate will have an opportunity during the interim between sessions to study and analyze the many problems which will face them at the next session of the General Assembly in order that they will have a proper basis for casting their vote on those matters when the occasion arises.
  2. The General Assembly further finds that:
    1. It is essential to a proper and efficient legislative system that adequate professional and clerical assistance and facilities be provided the interim committees of the General Assembly during the interim between sessions in order to facilitate and coordinate the efforts of the various interim committees; and
    2. To accomplish this purpose, it is essential that the services and facilities available to the General Assembly be properly coordinated and organized in order to avoid duplication of effort and inefficiency in the legislative department.

History. Acts 1973, No. 90, § 1; A.S.A. 1947, § 4-1001n.

10-3-202. Purpose and intent.

It is the purpose and intent of §§ 10-3-20110-3-208, 10-3-21210-3-214, and 10-3-216 to provide for the necessary interim activities of the General Assembly in order that the members of the General Assembly may become better informed in matters coming before the General Assembly, to assure greater participation by all members of the General Assembly in the study of the many complex problems which face the General Assembly each session, and to provide the General Assembly with the essential staff and facilities to effectively carry out its responsibility as representatives of the citizens of this state.

History. Acts 1973, No. 90, § 1; A.S.A. 1947, § 4-1001n.

10-3-203. Interim committees established — Members — Jurisdiction.

There are established within the legislative department of government the following interim committees of the General Assembly as aids in the legislative process in this state:

  1. The Legislative Council, established pursuant to the provisions of § 10-3-301 et seq., shall consist of members of the General Assembly selected in the manner as is prescribed by law. The Legislative Council shall perform the functions and duties prescribed by law;
  2. The Legislative Joint Auditing Committee, established pursuant to § 10-3-401 et seq., shall consist of members of the General Assembly selected in the manner as is prescribed by law. The Legislative Joint Auditing Committee shall perform the functions and duties prescribed by law; and
    1. The following ten (10) subject matter interim committees of the House of Representatives, each to consist of the members who compose the respective standing committees of the House having comparable subject matter jurisdiction, plus such other nonvoting members as may be selected pursuant to the Rules of the House of Representatives, who shall be entitled to per diem and mileage for attending meetings of the committees:
      1. House Committee on Education — matters pertaining to public kindergarten, elementary, secondary, and adult education, vocational education, vocational-technical schools, vocational rehabilitation, higher education, private educational institutions, similar legislation, and resolutions germane to the subject matter of the House Committee on Education;
      2. House Committee on Judiciary — matters pertaining to state and local courts, court clerks and stenographers and other employees of the courts, civil and criminal procedures, probate matters, civil and criminal laws, similar matters, and resolutions germane to the subject matter of the House Committee on Judiciary;
      3. House Committee on Public Health, Welfare, and Labor — matters pertaining to public health, mental health, intellectual and other developmental disabilities, public welfare, human relations and resources, environmental affairs, water and air pollution, labor and labor relations, similar legislation, and resolutions germane to the subject matter of the House Committee on Public Health, Welfare, and Labor;
      4. House Committee on Public Transportation — matters pertaining to roads and highways, city streets, county roads, highway safety, airports and air transportation, common and contract carriers, mass transit, similar legislation, and resolutions germane to the subject matter of the House Committee on Public Transportation;
      5. House Committee on Revenue and Taxation — matters pertaining to the levy, increase, reduction, collection, enforcement and administration of taxes and other revenue-producing measures, and resolutions germane to the subject matter of the House Committee on Revenue and Taxation;
      6. House Committee on Aging, Children and Youth, Legislative and Military Affairs — matters pertaining to the aged and problems of aging; children and youth, military, veterans, legislative affairs, memorials, other matters whenever the subject matter is not germane to the subject matter of any other standing committee, and resolutions germane to the subject matter of the House Committee on Aging, Children and Youth, Legislative and Military Affairs;
      7. House Committee on Agriculture, Forestry, and Economic Development — matters pertaining to agriculture, livestock, forestry, industrial development, natural resources, oil and gas, publicity and parks, levee and drainage, rivers and harbors, similar legislation, and resolutions germane to the subject matter of the House Committee on Agriculture, Forestry, and Economic Development;
      8. House Committee on City, County, and Local Affairs — matters pertaining to city and municipal affairs, county affairs, local improvement districts, interlocal government cooperation, similar legislation, and resolutions germane to the subject matter of the House Committee on City, County, and Local Affairs;
      9. House Committee on Insurance and Commerce — matters pertaining to banks and banking, savings and loan associations, stock, bonds, and other securities, securities dealers, insurance, public utilities, partnerships and corporations, home mortgage financing and housing, similar legislation, and resolutions germane to the subject matter of the House Committee on Insurance and Commerce; and
      10. House Committee on State Agencies and Governmental Affairs — matters pertaining to state government and state agencies, except where the subject matter relates more appropriately to another committee, proposed amendments to the Constitution of the State of Arkansas or the federal government, election laws and procedures, federal and interstate relations, similar legislation, and resolutions germane to the subject matter of the House Committee on State Agencies and Governmental Affairs.
    2. The following nine (9) subject matter interim committees of the Senate, each to consist of the members who compose the respective standing committees of the Senate having comparable subject matter jurisdiction, plus such other nonvoting members as may be selected pursuant to the Rules of the Senate, who shall be entitled to per diem and mileage for attending meetings of the committees:
      1. Senate Committee on Public Health, Welfare, and Labor — matters pertaining to public health, mental health, intellectual and other developmental disabilities, public welfare, human relations and resources, the aged and problems of the aging, environmental affairs, water and air pollution, labor and labor relations, and similar legislation;
      2. Senate Committee on Revenue and Taxation — matters pertaining to the levy, increase, reduction, collection, enforcement and administration of taxes, and other revenue-producing measures;
      3. Senate Committee on Education — matters pertaining to public kindergarten, elementary, secondary, and adult education, vocational education, vocational-technical schools, vocational rehabilitation, higher education, private educational institutions, and similar legislation;
      4. Senate Committee on Judiciary — matters pertaining to state and local courts, court clerks and stenographers and other employees of the courts, civil and criminal procedures, probate matters, civil and criminal laws, and similar matters;
      5. Senate Committee on Agriculture, Forestry, and Economic Development — matters pertaining to agriculture, livestock, forestry, industrial development, natural resources, oil and gas, publicity and parks, levees and drainage, rivers and harbors, and similar legislation;
      6. Senate Committee on Insurance and Commerce — matters pertaining to banks and banking, savings and loan associations, stocks, bonds, and other securities, securities dealers, insurance, public utilities, partnerships and corporations, home mortgage financing and housing, and similar legislation;
      7. Senate Committee on State Agencies and Governmental Affairs — matters pertaining to state government and state agencies, except where the subject matter relates more appropriately to another committee, proposed amendments to the Constitution of the State of Arkansas or the federal government, election laws and procedures, federal and interstate relations, and similar legislation. The committee shall also have the responsibility of monitoring and making recommendations for periodic updating, modernizing, and revising the code of ethics for public officials;
      8. Senate Committee on City, County, and Local Affairs — matters pertaining to city and municipal affairs, county affairs, local improvement districts, interlocal governmental cooperation, and similar legislation; and
      9. Senate Committee on Public Transportation, Technology, and Legislative Affairs — matters pertaining to roads, highway safety, airports and air transportation, common carriers, mass transits, and similar legislation, and matters pertaining to science, technology, bio-technology, and similar legislation, and other matters whenever the subject matter is not germane to the subject matter of any other Class “A” or Class “B” Committee. The Senate Committee on Public Transportation, Technology, and Legislative Affairs shall serve as the supervisory committee over the preparation of the journal and the engrossing and enrolling of bills. The Senate Committee on Public Transportation, Technology, and Legislative Affairs shall have no jurisdiction of matters affecting the interpretation of the Rules of the Senate, but such jurisdiction shall be exercised by the Rules Committee of the Senate.
    3. Members of the ten (10) interim House committees and the nine (9) interim Senate committees established in this subsection may also serve as members of the Legislative Council or of the Legislative Joint Auditing Committee.
    4. Any member of the House who sponsors a proposal or resolution providing for a study which is referred to one (1) of the ten (10) House interim committees and any member of the Senate who sponsors a proposal or resolution providing for a study which is referred to one (1) of the nine (9) Senate interim committees may serve as an ex officio member of that committee during the conduct of the study resulting from his or her proposal or resolution.
    5. The respective House and Senate committees may meet separately or the House and Senate committees of comparable subject matter jurisdiction may meet jointly.

History. Acts 1973, No. 90, § 2; 1979, No. 50, § 1; 1979, No. 97, § 1; 1979, No. 310, § 1; 1983, No. 709, § 1; A.S.A. 1947, § 4-1001; Acts 1989, No. 541, § 1; 1995, No. 1350, § 1; 1995 (1st Ex. Sess.), No. 10, §§ 1, 2; 2001, No. 960, § 1; 2007, No. 1581, § 1; 2019, No. 1035, §§ 6, 7.

A.C.R.C. Notes. Acts 2011, No. 1059, § 3, provided:

“INDEPENDENT MONITORING AND EVALUATION. The Arkansas Tobacco Settlement Commission shall file a quarterly progress report to the Public Health, Welfare and Labor Committees and shall hire an independent third party to perform monitoring and evaluation of program expenditures made from tobacco settlement funds. This independent third party shall have appropriate experience in health, preventive resources, health statistics and evaluation expertise. The third party retained to perform such services shall prepare a biennial report to be delivered to the General Assembly and the Governor by each August 1 preceding a regular session of the General Assembly. The report shall be accompanied by a recommendation from the Arkansas Tobacco Settlement Commission as to the continued funding for each program.

“The provisions of this section shall be in effect only from July 1, 2011 through June 30, 2012.”

Acts 2011, No. 1162, § 1, provided: “Interim study on cultural competence.

“The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall:

“(1) Study the increasing diversity of our state;

“(2)(A) Identify best practice approaches to cultural competency training with a goal of preparing state employees to interact most effectively with people of different cultures and ethnicities.

“(B) For purposes of this act, cultural competency includes four (4) components as follows:

“(i) Awareness of one's own cultural worldview;

“(ii) Attitude towards cultural differences;

“(iii) Knowledge of different cultural practices and worldviews; and

“(iv) Cross-cultural skills.

“(C) The training program studied under this act shall ensure that participants have increased cultural awareness and competence in their respective service field, including without limitation:

“(i) Cross-cultural communication;

“(ii) Culturally and linguistically appropriate policy considerations;

“(iii) Culturally competent service delivery;

“(iv) Health disparities;

“(v) Equity factors in the health systems; and

“(vi) Culturally and linguistically competent care supported by policy, administration, and practice.

“(D) The training developed and recommended under this act shall be designed to be offered electronically and through continuing education and various distance-education models and media so as to maximize replication and minimize expense for state employees and state institutions; and

“(3) Make recommendations on ways to inform health care and public health professionals on the National Standards on Culturally and Linguistically Appropriate Services and encourage the use of those standards.”

Acts 2011, No. 1162, § 2, provided: “The Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor shall report their final findings under this act to the Governor, the Legislative Council, and the Arkansas Minority Health Commission on or before December 1, 2012.”

Acts 2012, No. 217, § 3, provided: “INDEPENDENT MONITORING AND EVALUATION.

The Arkansas Tobacco Settlement Commission shall file a quarterly progress report to the Public Health, Welfare and Labor Committees and shall hire an independent third party to perform monitoring and evaluation of program expenditures made from tobacco settlement funds. This independent third party shall have appropriate experience in health, preventive resources, health statistics and evaluation expertise. The third party retained to perform such services shall prepare a biennial report to be delivered to the General Assembly and the Governor by each August 1 preceding a regular session of the General Assembly. The report shall be accompanied by a recommendation from the Arkansas Tobacco Settlement Commission as to the continued funding for each program.

“The provisions of this section shall be in effect only from July 1, 2012 through June 30, 2013.”

Acts 2019, No. 551, § 1, provided: “Arkansas Legislative Study on Veterans Affairs — Creation — Purpose.

“(a) The House Committee on Aging, Children and Youth, and Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs shall meet jointly to conduct the Arkansas Legislative Study on Veterans Affairs.

“(b)(1) The chair of the House Committee on Aging, Children and Youth, and Legislative and Military Affairs and the chair of the Senate Committee on State Agencies and Governmental Affairs shall call the first joint meeting of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs to begin the study within sixty (60) days of the effective date of this act [July 24, 2019].

“(2) In order to interact directly with veterans throughout the State of Arkansas, the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs may hold meetings at various sites throughout the state.

“(3) Joint meetings of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs for the purpose of conducting the study shall be held at least one (1) time every three (3) months but may occur more often at the call of the chairs.

“(4) The members of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

“(c)(1) The purpose of the study is to examine veterans' issues within the State of Arkansas, including without limitation the occurrence of suicide among the veteran population in this state.

“(2) In carrying out the purpose of this act, the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs shall:

“(A) Study risk factors for suicide in veterans;

“(B) Review and research options for preventing or reducing the occurrence of suicide among the veteran population in the state;

“(C) Examine mental health care available to veterans within the state;

“(D) Conduct at least one (1) town-hall-style meeting to hear from veterans in the state and their concerns regarding mental health care and other issues affecting veterans in the state;

“(E) Engage the following:

“(i) The Department of Veterans Affairs;

“(ii) The Department of Health; and

“(iii) Mental health professionals licensed to practice in this state;

“(F) Review best practices among other states;

“(G) Review methods to create a statewide program targeting suicide prevention and preventative mental health care for veterans; and

“(H) Study and review other issues that the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs deem relevant to improving the productivity and wellness of veterans residing in this state.

“(d) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs may establish an advisory board to assist the committees in accomplishing the purposes of the study as stated in this act. If the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs determine that creation of an advisory board would be beneficial, the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs shall adopt rules regarding the membership and duties of the advisory board.

“(e) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Committee on State Agencies and Governmental Affairs shall file a final written report of their activities, findings, and recommendations with the Legislative Council on or before December 1, 2020, and the study shall be complete upon that submission”.

Acts 2019, No. 565, § 1, provided: “Legislative Findings and Intent.

“(a) Determining the maximum number of employees and the maximum amount of appropriation and funding for a state agency each fiscal year is the prerogative of the General Assembly.

“(b) It is the intent of the General Assembly that the Transformation and Efficiencies Act of 2019 to reorganize state government shall result in efficiencies to reduce the duplication of services and administrative costs to reduce overall state government general revenue expenditures.

“(c) Cabinet-level departments shall identify and eliminate excess administrative expenses, unnecessary expenditures, and duplication of services and present those savings and efforts to operate efficiently to the General Assembly as necessary and appropriate.

“(d)(1) The secretary of each cabinet-level department created by the Transformation and Efficiencies Act of 2019 shall submit and present to a joint meeting of the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs two (2) weeks prior to the first scheduled day of the fiscal session of 2020, a report that includes, without limitation information that shows:

“(A) A summary of the proposed reduction in the total general revenue expenditures of the transferred state entities compared to the general revenue expenditures of the transferred state entities in the 2019 fiscal year by no less than one percent (1%);

“(B) The 2019 fiscal year general revenue expenditures for each state entity that has been merged, consolidated or otherwise combined;

“(C) The total amount of general revenue expenditures for the 2019 fiscal year by each cabinet-level department, including the identification of all funding sources of the cabinet-level department;

“(D) The total number of positions currently authorized for each state entity that has been transferred, merged, consolidated, or otherwise combined and a total for each cabinet-level department; and

“(E) A detailed statement of each cabinet-level departments plan to reduce general revenue expenditures and create efficiency including without limitation:

“(i) The elimination of certain positions;

“(ii) The reduction in operating expenses;

“(iii) The elimination or reduction of programs or services and the cost of the programs or services; and

“(iv) Other reductions in expenses or costs that may be identified.

“(2) The secretary of each cabinet-level department shall submit his or her report to the Governor or his or her designee for approval before submitting the report to the General Assembly.

“(3) It is the intent of the General Assembly that the secretary of each cabinet-level department under the direction of the Governor, has the initiative and resourcefulness to implement efficiency measures that benefit the State of Arkansas.

“(e) Funding for the Department of Education Public School Fund Account for kindergarten through grade twelve (K-12), Medicaid, or any state institution of higher education, board, commission, constitutional officer, or state agency that was not transferred, merged, consolidated, or otherwise combined by the Transformation and Efficiencies Act of 2019 as enacted by the General Assembly shall be exempt from the requirements of this section.

“(f)(1) The Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs are authorized to meet jointly to review each cabinet-level departments plan to reduce general revenue expenditures as set out in this section.

“(2) The Chair of the Senate Committee on State Agencies and Governmental Affairs and the Chair of the House Committee on State Agencies and Governmental Affairs, or his or her designee, shall alternate the acting chair for the joint meetings required by this section”.

Acts 2019, No. 671, § 1, provided: “ATV Tourism and Trail Expansion Study — Creation — Duties.

“(a) The General Assembly finds that:

“(1) Arkansas offers an abundance of all-terrain vehicle parks and trails that attract nationwide all-terrain vehicle tourism to the state;

“(2) Many small businesses rely heavily on the tourism generated by all-terrain vehicle parks and trails;

“(3) A large number of the state's all-terrain vehicle trails are located within national forests, and riding all-terrain vehicles is one of the fastest-growing recreational uses of the state's national forests; and

“(4) State parks currently do not allow use of all-terrain vehicles on state forest roads.

“(b) The House Agriculture, Forestry, and Economic Development Committee and the Senate Agriculture, Forestry, and Economic Development Committee shall meet jointly to conduct the ATV Tourism and Trail Expansion Study.

“(c)(1) The chairs of the House Agriculture, Forestry, and Economic Development Committee and the Senate Agriculture, Forestry, and Economic Development Committee shall call the first joint meeting for purposes of beginning the study within sixty (60) days of the effective date of this act [July 24, 2019].

“(2) Joint meetings for purposes of conducting the study may be held at various sites around the state in order to study all-terrain vehicle tourism and existing and potential all-terrain vehicle trail sites. All meetings shall be open public meetings under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

“(3) Joint meetings for purposes of conducting the study shall be held at least one (1) time every three (3) months but may occur more often at the call of the chairs.

“(d) The purpose of the study is to make recommendations to the General Assembly regarding the creation, development, and implementation of a statewide all-terrain vehicle trails system utilizing existing state roads to connect forest roads and all-terrain vehicle trails in national forests in order to:

“(1) Increase all-terrain vehicle tourism and economic development in the state; and

“(2) Promote the economic well-being of small businesses catering to all-terrain vehicle tourism.

“(e) In order to fulfill the purpose of this act, the House Agriculture, Forestry, and Economic Development Committee and the Senate Agriculture, Forestry, and Economic Development Committee shall conduct a study to include without limitation the following:

“(1) The feasibility of creating a statewide all-terrain vehicle trails system;

“(2) Criteria for acceptance of an existing state road into the statewide all-terrain vehicle trails system;

“(3) Issues surrounding administration of the statewide all-terrain vehicle trails system, including consulting with the Arkansas Department of Transportation and the Department of Parks and Tourism; and

“(4) Similar all-terrain trails systems in other states.

“(f) On or before December 1, 2020, the House Agriculture, Forestry, and Economic Development Committee and the Senate Agriculture, Forestry, and Economic Development Committee shall file with the Legislative Council a final written report of their activities, findings, and recommendations, and the study shall be complete upon that submission”.

Publisher's Notes. Acts 1995, No. 1350 became law without the Governor's signature.

Amendments. The 2007 amendment, in (3), rewrote (A), added (B) and redesignated the remaining subdivisions accordingly, and substituted “nine (9) interim Senate” for “ten (10) interim Senate” in (C) and “nine (9) Senate” for “ten (10) Senate” in (D).

The 2019 amendment substituted “intellectual and other developmental disabilities” for “mental retardation” in (3)(A)(iii) and (3)(B)(i).

10-3-204. Interim committee chairs.

The chair and vice chair of each House of Representatives standing committee which composes a House interim committee shall serve as chair and vice chair of the House interim committee, and the chair and vice chair of each Senate standing committee which composes a Senate interim committee shall serve as chair and vice chair of the Senate interim committee. If the House and Senate interim committees of comparable subject matter jurisdiction elect to meet jointly, the chair of the House committee and the chair of the Senate committee may alternately serve as chair of the interim committee in such manner as they agree.

History. Acts 1973, No. 90, § 4; A.S.A. 1947, § 4-1003; Acts 1995 (1st Ex. Sess.), No. 10, § 3.

10-3-205. Staff — Assignment and duties.

  1. The Director of the Bureau of Legislative Research shall have the responsibility of employing the necessary professional and clerical personnel to staff the interim committees. He or she shall assign, after conferring with the chair of each of the committees, such staff to the committees as may be needed to carry out the functions and duties of the committee, within the limitations of the staff available.
  2. Staff personnel assigned to each committee shall assist the chair of the committee in preparing agendas, notices of meetings, undertaking research and writing research memoranda, taking and preparing minutes, reports, and recommendations of the committee and shall provide other assistance as may be necessary to assist the committee in carrying out its functions and duties.
  3. If any interim committee finds that the staff assigned to that committee is inadequate or that separate or additional staffing is necessary on a temporary or permanent basis in order to enable the committee to carry out its functions and duties, the chair of the committee may file a request for additional staff with the director, who shall present the request to the Legislative Council for its consideration, or the committee may request the House of Representatives or Senate to employ the separate or additional staff pursuant to the authority granted in Acts 1995, No. 1312, § 20.

History. Acts 1973, No. 90, § 5; A.S.A. 1947, § 4-1004; Acts 1995 (1st Ex. Sess.), No. 10, § 4.

Publisher's Notes. Acts 1995, No. 1312, § 20 is codified as a note under subchapter 3 of this chapter.

10-3-206. Meetings.

  1. Each of the subject matter interim committees may meet at the times and for such duration as it deems necessary to properly carry out its functions and duties. If any committee shall find it necessary for the committee to meet in excess of twelve (12) days per year, it shall report the necessity for any additional meeting to the Legislative Council. If funds are available to hold additional meetings, the Legislative Council shall so advise the requesting committee.
  2. The chair of each of the subject matter interim committees shall confer with the Director of the Bureau of Legislative Research in arranging meeting dates for the committees in order to avoid conflicting committee meetings and in order to assure maximum utilization of available staff and facilities for meetings of the committees.

History. Acts 1973, No. 90, § 7; A.S.A. 1947, § 4-1006; Acts 1995 (1st Ex. Sess.), No. 10, § 5.

10-3-207. Ad hoc subcommittees and citizen advisory panels.

The various subject matter interim committees may establish ad hoc subcommittees and citizen advisory panels consisting of state and local agency officials and employees and interested citizens, but state and local agency officials and employees and private citizens shall not be entitled to any per diem or mileage for attending meetings of an advisory panel.

History. Acts 1973, No. 90, § 10; A.S.A. 1947, § 4-1009.

10-3-208. [Repealed.]

Publisher's Notes. This section, concerning subpoenas, was repealed by Acts 2013, No. 1465, § 1. The section was derived from Acts 1973, No. 90, § 11; A.S.A. 1947, § 4-1010; Acts 2009, No. 1465, § 6.

10-3-209. Expenses of members.

  1. The Director of the Bureau of Legislative Research shall be the disbursing officer of the funds appropriated for paying per diem, expenses, and mileage to members of the General Assembly attending regular and special meetings and other committee-related activities of the interim committees of the General Assembly as provided by law, unless specific provisions are made to the contrary.
  2. Payments for per diem and mileage for attendance by members of the Senate and House of Representatives at meetings of interim committees shall be upon written claims filed therefor.

History. Acts 1985, No. 273, § 8; A.S.A. 1947, § 4-1007.3; Acts 1995 (1st Ex. Sess.), No. 10, § 6.

Cross References. Additional compensation for committee chairs, § 10-2-215.

10-3-210. Attendance at regional or national conferences — Reimbursement of expenses.

  1. Members of the interim committees may be authorized to attend regional or national conferences of legislators or other public officials where attendance thereat will serve a beneficial legislative purpose. Members shall be entitled to receive reimbursement for reasonable and necessary expenses for travel, meals, lodging, and other authorized expenses incurred in connection therewith.
  2. Attendance at the meetings shall be authorized by vote of the committee or in accordance with uniform rules and procedures established by the committees with the approval of the Legislative Council.

History. Acts 1985, No. 273, § 8; A.S.A. 1947, § 4-1007.3; Acts 1995 (1st Ex. Sess.), No. 10, § 7.

10-3-211. Function during recess — Compensation.

If a regular session of the General Assembly is extended and the House of Representatives and the Senate recess for a period in excess of thirty (30) calendar days, the Legislative Council, the Legislative Joint Auditing Committee, and other interim committees of the General Assembly are authorized to meet and transact their normal business during the recess. They shall be entitled to per diem and mileage for attending meetings and attending to the official business of the committee to the same extent as during the interim between sessions of the General Assembly.

History. Acts 1973, No. 810, § 1; A.S.A. 1947, § 4-148.

10-3-212. Rules Committee of the Senate and Rules Committee of the House of Representatives — Meetings — Compensation.

  1. The Rules Committee of the Senate and the Rules Committee of the House of Representatives are authorized to meet jointly or separately at any time during the interim between legislative sessions as the Rules Committee of the Senate and the Rules Committee of the House of Representatives shall deem necessary or desirable to review the Rules of the Senate, the Rules of the House of Representatives, and the Joint Rules of the House of Representatives and the Senate and to make recommendations for revisions in the rules or new rules as the Rules Committee of the Senate and the Rules Committee of the House of Representatives shall deem appropriate.
  2. The members of the Rules Committee of the Senate and the Rules Committee of the House of Representatives shall be entitled to receive per diem at the rate set for attendance at meetings of the subject matter interim committees of the House and Senate for attending subject matter or separate meetings of the Rules Committee of the Senate and the Rules Committee of the House of Representatives. Members shall also be entitled to mileage reimbursement as provided by law.

History. Acts 1973, No. 90, § 9; 1975, No. 289, § 1; A.S.A. 1947, § 4-1008; Acts 1991, No. 969, § 5; 1991, No. 1240, § 5; 1995 (1st Ex. Sess.), No. 10, § 8.

10-3-213. Requests for and receipt of information — Continuing studies — Agency assistance.

  1. Requests for information or study or legislation received from the Governor or from other state agencies or departments by the Legislative Council may be referred to the appropriate interim committee for its consideration.
  2. All state agencies shall furnish to the respective interim committees any information and assistance the committees may reasonably request.
  3. It shall be the responsibility of each of the interim committees to receive information and suggestions for new legislation or changes in existing legislation from the Governor, state agencies and departments, county and city officials, and from interested lay groups in the state within the subject areas of their respective committees.
  4. Each of the committees shall make continuing studies of the programs of state agencies, laws of the state, and the general operation of government within the subject matter jurisdiction of the committee and shall make any recommendations regarding them as it shall deem appropriate.

History. Acts 1973, No. 90, § 6; A.S.A. 1947, § 4-1005.

10-3-214. Committee studies — Duties of Legislative Council — Reports and findings.

  1. In addition to the functions and duties of the Legislative Council which are prescribed by law, it shall be the responsibility of the Legislative Council, in order to coordinate the efforts of the interim committees and to avoid duplication of effort by the committees, to review and screen all study resolutions referred by the General Assembly and all study proposals sponsored by members of the General Assembly during the interim and approved by the Legislative Council. It shall either refer the study resolutions or study proposals to the appropriate interim committee for study or in unusual cases retain the study proposal or resolution and conduct the study. Nothing in §§ 10-3-201—10-3-208, 10-3-212—10-3-214, and 10-3-216, however, shall be construed to alter or diminish the exclusive interim and presession budget jurisdiction and authority of the Legislative Council as now prescribed by law.
  2. The respective interim committees may initiate and conduct studies by motion or resolution adopted by a majority of the membership of the committee, but when an interim committee initiates a study on its own motion, it shall advise the Legislative Council of the study to be made in order that the Legislative Council may suggest ways to eliminate duplication of effort among the interim committees.
  3. Each of the interim committees shall periodically report to the Legislative Council regarding studies referred to or undertaken by the committee and shall advise the Legislative Council of the status of each study pending before it.
  4. Each committee shall file a copy of its minutes, final reports, and recommendations on each study with the Legislative Council. Findings and recommendations of the interim committees shall be advisory only and shall not be binding on the standing committees of the Senate and House of Representatives during legislative sessions.

History. Acts 1973, No. 90, § 3; A.S.A. 1947, § 4-1002; Acts 1995 (1st Ex. Sess.), No. 10, § 9.

10-3-215. Study expenses.

    1. Whenever an interim committee of the General Assembly deems it necessary or advisable in connection with any interim study activity authorized by law or undertaken by the committee to hire consultants, actuaries, or special technical or clerical employees, or other assistance in connection with any such study, a written request shall be filed with the Legislative Council. This request shall outline the nature or purposes of the study, the need or necessity of hiring such special consultants, actuaries, or technical or clerical employees, or other assistance, and the estimated amount required for the assistance.
    2. If the Legislative Council deems that uncommitted funds are available for that purpose and that the request for funds for hiring consultants, actuaries, or technical or clerical employees, or other assistance will serve a useful purpose and that the cost is justified, the Legislative Council, after seeking the advice of the interim committee which made the request, may proceed to employ such consultants, actuaries, or technical or clerical employees, or provide other assistance, and may make payment from the funds appropriated for interim committee study expenses.
  1. The Legislative Council may use the funds appropriated for interim committee study expenses in the same manner as other interim committees as set out in this section.
  2. It is the intent of the procedures set out in this section that the Legislative Council shall coordinate, control, and authorize expenditures for interim committee study expenses whenever the Legislative Council deems the expenditures to be in the interest of comprehensive studies or research projects authorized by law or by appropriate action taken by the respective interim committees.

History. Acts 1985, No. 273, § 11; A.S.A. 1947, § 4-1002n; Acts 1995 (1st Ex. Sess.), No. 10, § 10.

10-3-216. Duties of Legislative Joint Auditing Committee.

In addition to the functions and duties of the Legislative Joint Auditing Committee, the Legislative Joint Auditing Committee shall furnish such information and assistance to the various subject matter interim committees as may reasonably be requested by the committees. When the Legislative Joint Auditing Committee in the course of its audits or other activities discovers any improper action or inaction by any public agency or department or the employees of any public agency or department, it shall be the duty of the Legislative Joint Auditing Committee to report the findings to the appropriate interim committee for study and investigation.

History. Acts 1973, No. 90, § 13; A.S.A. 1947, § 4-1012.

10-3-217. Proposed bills — Filing — Action by committee.

  1. For the purpose of expediting the work of the interim committees of the General Assembly and to encourage each committee to develop bills for prompt introduction upon the convening of each session of the General Assembly, any member of the General Assembly may file drafts of proposed bills for consideration by the appropriate germane interim committee for study, review, modification, and action thereon by the committee. In addition, interim committees may cause drafts of bills to be prepared to carry out the findings and recommendations of the interim committees which result in recommendations for corrective or remedial legislation to be submitted to the next-following session of the General Assembly.
  2. Proposed bills may be filed with interim committees as follows:
    1. By a member of the General Assembly filed directly with the interim committee of which he or she is a member if the bill is germane to the committee;
    2. By a member of the General Assembly filed with the Legislative Council for referral to the appropriate interim committee of the General Assembly;
    3. By the Governor or a state agency filed with the appropriate germane interim committee or filed with the Legislative Council for referral to the germane interim committee for study and review.
  3. All bills presented by the Governor and state agencies for interim committee study shall be approved for study only upon a majority vote of the committee without that action's creating a presumption of favorable action by the committee on the bill, upon conclusion of its study.
  4. Bills filed directly with an interim committee shall be reviewed by the Legislative Council for the purpose of determining that the bill is germane to the committee, and may be re-referred to the germane interim committee if the Legislative Council determines that the bill is not germane to the committee with which filed.
  5. Upon conclusion of its study and hearings on a proposed bill, the committee shall take action as follows:
    1. Upon the favorable vote of a majority of the members of the committee or if the committee is meeting as a joint committee of the House of Representatives and the Senate, then upon the favorable vote of a majority of the Senate members of the committee and a majority of the House members of the committee, approve the bill, including any amendments that may be agreed to by the committee, for prefiling as a committee bill with the next-following regular session of the General Assembly;
    2. Reject the proposed bill as a committee bill; or
    3. Take no action thereon.
  6. Any bill approved by an interim committee, whether a committee of one (1) house or a joint meeting of committees of both houses, for introduction at the next regular session of the General Assembly shall be prefiled as a committee bill by either the House chair or the Senate chair of the committee in the manner provided for prefiling of bills preceding the convening of each regular session of the General Assembly. However, the prefiling of the bill in the House and the Senate by the chair or cochair of the interim committee as a committee bill shall be solely for the purpose of presenting the bill to the next regular session of the General Assembly for consideration in the manner provided in the rules of the respective houses. The bill shall be considered by each house and by the appropriate committee thereof in the same manner as other bills are considered by the General Assembly.
  7. In the event an interim committee rejects a bill or fails to take action thereon, any member of the General Assembly may introduce the bill at the next regular session of the General Assembly, and the bill shall be considered in the same manner as other bills introduced in the House or the Senate.

History. Acts 1983, No. 877, § 1; A.S.A. 1947, § 4-1018; Acts 1995 (1st Ex. Sess.), No. 10, § 11.

Cross References. Fiscal impact statements, § 10-2-114.

10-3-218. Budget hearings — Attendance by members of the General Assembly.

  1. During the presession budget hearings conducted by the Legislative Council and the Joint Budget Committee preceding each regular biennial session, the cochairs of the Legislative Council shall cause copies of the budget hearing agendas to be furnished to each member of the General Assembly in order that all members of the Senate and House of Representatives will be advised of the times when such hearings are conducted and of the budget requests to be heard or considered each day of the hearings.
  2. All members of the Senate and House who will be serving in the upcoming regular biennial session of the General Assembly, including the newly elected members of the Senate and House, shall be entitled to attend any or all biennial presession budget hearings conducted by the Legislative Council and the Joint Budget Committee and shall be entitled to receive per diem and mileage for attending such meetings at the same rate as is provided for attendance at meetings of interim committees of the General Assembly.

History. Acts 1983, No. 877, § 2; A.S.A. 1947, § 4-1019; Acts 1991, No. 995, § 1; 1995 (1st Ex. Sess.), No. 10, § 12.

10-3-219. Purpose of §§ 10-3-217 and 10-3-218.

It is the intent of §§ 10-3-217 and 10-3-218 to supplement the existing laws of this state governing the powers, functions, and duties of the interim committees of the General Assembly. Nothing in those sections is intended to modify or repeal any of the existing laws governing the powers, functions, and duties of any of the interim committees of the General Assembly, including the Legislative Council and the Legislative Joint Auditing Committee, except to provide for separate interim committees of the House of Representatives and the Senate and to authorize comparable House and Senate committees to meet jointly during the interim if they choose to do so.

History. Acts 1983, No. 877, § 3; A.S.A. 1947, § 4-1020; Acts 1995 (1st Ex. Sess.), No. 10, § 13; 1997, No. 1354, § 13.

10-3-220. Monitoring of changes made in federal income tax laws and regulations — Reports of secretary.

  1. The Secretary of the Department of Finance and Administration shall monitor changes made in federal income tax laws and regulations for the purpose of determining how the changes may affect Arkansas income tax law and for the purpose of determining how the changes differ from provisions adopted for Arkansas income tax purposes.
  2. The secretary shall report his or her findings annually to the House Committee on Revenue and Taxation and the Senate Committee on Revenue and Taxation and may make such other reports to the House Committee on Revenue and Taxation and the Senate Committee on Revenue and Taxation as he or she deems necessary.

History. Acts 1989, No. 738, § 1; 1995 (1st Ex. Sess.), No. 10, § 14; 2019, No. 910, § 3372.

Amendments. The 2019 amendment substituted “Reports of secretary” for “Reports of director” in the section heading; substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

Subchapter 3 — Legislative Council

A.C.R.C. Notes. Acts 1995, No. 1312, § 20, provided:

“(a) There is hereby created a special House committee to be composed of nine House members, including the Speaker or his designate, four to be appointed by the Speaker (one selected from each caucus district) and four from the House Budget Committee, one from each caucus district, as appointed by the Chairman of the House Budget Committee. The Speaker shall appoint the Chairman of the committee. The committee may employ, using positions in Section 1, a Director of Constituency Services and four Legislative Analysts to staff an Office of House Constituency Services, to be under the direction of the House Performance Review Committee. The Bureau shall provide support staff for the Office. The committee may also employ, using positions in Section 1, ten Legislative Analysts and five secretaries for House committees and a Management Project Analyst for the purpose of coordinating the House Committee activities. If additional staff are required for the Office or the committees, the special committee may utilize positions in the contingency pool provided for in this act. For purposes of this act, the staff of the House committees and the staff of the House Constituency Services Office shall be Bureau employees.

“(b) The Senate Efficiency Committee may employ, using positions in Section 1, a Director of Constituency Services and two Legislative Analysts to staff an Office of Senate Constituency Services. The Bureau shall provide support staff for the Office. The committee may also employ, using positions in Section 1, five Legislative Analysts and five secretaries for Senate committees. If additional staff are required for the Office or the committees, the Senate Efficiency Committee may utilize positions in the contingency pool provided for in this act. For purposes of this act, the staff of the Senate committees and the staff of the Senate Constituency Services Office shall be Bureau employees.”

Acts 1995, No. 1312, § 21, provided:

“In the event that an elected Constitutional Officer relocates his/her office and related staff from the State Capitol Building, and does not have authorized in his/her authorized biennial appropriation act an amount sufficient to expend for rent, then the Bureau of Legislative Research of the Arkansas Legislative Council may expend from appropriations authorized for the Bureau of Legislative Research of the Arkansas Legislative Council such additional funds as required to assist such elected Constitutional Officer for such additional rent. The Secretary of State and the Joint Interim Committee on Legislative Facilities shall jointly decide who shall occupy the vacated areas.”

Acts 1995 (1st Ex. Sess.), No. 10, § 15, provided:

“As soon as possible after the effective date of this act and from time to time thereafter, the chairman and vice chairman of the Legislative Council, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate, meeting jointly with the chairman of the Joint Budget Committee shall determine the distribution of funds appropriated for ad interim committees' per diem, mileage, and out-of-state travel to the separate House and Senate committees herein for the remainder of this biennial period. In the event that one person occupies two or more of the above named positions, they shall appoint a member of their house to serve as their representative in one of the positions.”

Acts 1995 (1st Ex. Sess.), No. 10, § 16, provided:

“Nothing in this act shall affect any statutorily created subcommittee of a joint interim committee.”

Cross References. Institute of Legislative Procedure, § 10-2-123.

Preambles. Acts 1949, No. 264 contained a preamble which read:

“Whereas, it is practically impossible for the General Assembly, during its sixty days session every two years, to make and keep adequate check upon and to secure sufficient, accurate and detailed information upon the operations of the state government, and all of its departments, institutions, boards, commissions and affairs to enable its members to be properly informed as to the operations thereof, the adequacy or inadequacy of appropriations made and the manner of their expenditures and the basis and necessity of appropriation requests thereafter to be presented to the General Assembly, and

“Whereas, proper investigation and audit of the affairs and operations of the state government, its departments, institutions, boards and commissions by an agency of the General Assembly is necessary in the interest of intelligent and informed action by the members of the General Assembly in future legislation and for the best interest of the people of this state….”

Effective Dates. Acts 1949, No. 264, § 13: approved Mar. 9, 1949. Emergency clause provided: “Since it is apparent that a Joint Legislative Committee is needed, and since it is believed that a greater contribution to the efficient administration of state affairs can be accomplished by a Legislative Committee composed exclusively of members of the General Assembly, and since there are many matters which should be considered by the Joint Legislative Committee immediately upon adjournment of this General Assembly; now, therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage.”

Acts 1951, No. 230, § 4: approved Mar. 1, 1951. Emergency clause provided: “Since it is apparent that changes in the law creating the Joint Legislative Committee are needed, and since it is believed that a greater contribution to the efficient administration of state affairs can be accomplished by a Legislative Committee composed exclusively of members of the General Assembly, and the provision for alternates to serve in the place of members who are not reelected to the General Assembly, and since there are many matters which should be considered by the Joint Legislative Committee immediately upon adjournment of this General Assembly; Now, therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage.”

Acts 1955, No. 247, § 4: Mar. 15, 1955. Emergency clause provided: “Since it is apparent that changes in the law creating the Joint Legislative Committee are needed, and since it is believed that a greater contribution to the efficient administration of state affairs can be accomplished by a Legislative Committee composed exclusively of members of the General Assembly, and provision is needed for alternates to serve in the place of members who are not reelected to the General Assembly, and since there are many matters which should be considered by the Joint Legislative Committee immediately upon the adjournment of this General Assembly; now, therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1959, No. 303, § 2: Mar. 26, 1959. Emergency clause provided: “Since it is apparent that changes in the law creating the Joint Legislative Committee are needed, and since it is believed that a greater contribution to the efficient administration of state affairs can be accomplished by a reorganized Legislative Committee, and provision is needed for alternates to serve in the place of members who are not reelected to the General Assembly, and since there are many matters which should be considered by the Joint Legislative Committee immediately upon the adjournment of this General Assembly; now, therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1961 (1st Ex. Sess.), No. 41, § 2: Sept. 8, 1961. Emergency clause provided: “It is hereby found and declared by the General Assembly that the Arkansas Legislative Council conducts numerous studies of governmental problems, that said studies play a vital role in the improvement of government in this state, and that gifts, grants, contributions and donations as authorized in this act will provide much needed additional funds for carrying out such vital studies. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from and after the date of its passage and approval.”

Acts 1963, No. 253, § 4: Mar. 18, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Legislative Committee created by Act 264 of 1949, and which is designated as the Legislative Council, has many matters of pressing importance to be considered, that said committee will be appointed during the Regular Session of the General Assembly and will meet upon adjournment of the General Assembly and that establishment of an adequate and proper per diem as an expense allowance for attending meetings of said committee is necessary for the proper discharge of the duties of said committee. Now, therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965, No. 411, § 3: Mar. 20, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that a majority of the members of the Legislative Council are selected by caucus of the members of the House of Representatives from each of the six congressional districts as established by Act 297 of 1951; that such manner of selection was designed to assure that the membership of the Legislative Council would be composed of a broad cross-section of the members of the House of Representatives from the various areas of the state and would represent the views of the members of the House of Representatives from the various sections of the state; that there is some uncertainty in the present law regarding whether or not the two members of each district selected by caucus must be from different counties of the district, and that this act will clarify the law in this respect; that the members of the Legislative Council will be selected sometime prior to the adjournment of the Sixty-Fifth General Assembly and that it is desirable that this act become effective immediately in order to clarify this situation prior to the selection of such members. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1965, No. 500, § 5: Mar. 20, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Bureau of Legislative Research of the Legislative Council performs many services vital to the legislative process of this state and that the immediate passage of this act is necessary to clarify the duties of said bureau with respect to the Legislative Council and to the members of the General Assembly, and it is further necessary that this act be immediately passed in order to clarify the duties of the Legislative Council with respect to studies to be undertaken at the direction of the General Assembly in order that such studies might be undertaken immediately upon adjournment of the General Assembly, to enable the compilation of adequate information and to hold hearings in connection therewith in order to conclude said studies for use by the next session of the General Assembly or by any special session of the General Assembly that may be called in the near future. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 86, § 3: became law without Governor's signature, Feb. 13, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the membership of the Legislative Council is not large enough to permit an equitable distribution of its members among the various sections of the state, and that an equitable distribution of the members thereof is necessary in order that the various sections of the state and the various interests in each section can be properly represented, and that this act will correct this situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1967, No. 107, § 3: Feb. 20, 1967. Emergency clause provided: “It is hereby found and determined that under the laws of this state the members of the House and Senate from each of the six congressional districts established by Act 297 of 1951 are to caucus for the selection of members and alternate members of the Legislative Council and the Legislative Joint Auditing Committee; that the reapportionment of the seats of the House and Senate has resulted in a number of members of the House and Senate being elected from Representative or Senatorial districts that comprise counties in more than one congressional district; and, that immediate clarification of the method to be followed in the conduct of the respective caucuses for the selection of such members and alternates is essential in order that each of these two important joint ad interim committees of the General Assembly may be properly selected during the current Regular Session of the General Assembly as required by law. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 292, § 4: Mar. 15, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that the functions and duties of the Legislative Council in conducting interim research studies for the benefit of the Sixty-Ninth General Assembly, and in reviewing the budgetary needs of the various agencies of government in order to prepare recommendations to the Sixty-Ninth General Assembly with respect to the budget for each of the respective state agencies, indicates a need for the designation of two members of the General Assembly, one from the House of Representatives and one from the Senate, to serve on the Legislative Council as spokesmen for the Governor and in order to report to the Governor, and to convey to the Council the recommendations of the Governor on matters being studied by the Legislative Council, and that the immediate passage of this act is necessary in order to expedite the selection of members of the Legislative Council, as required by law, prior to the adjournment of the Sixty-Eighth General Assembly. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 929, § 3: Apr. 8, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Arkansas Legislative Council and the Arkansas Joint Auditing Committee have many matters of pressing importance to be considered, that said committees will be selected during the Regular Session of the General Assembly and will meet upon adjournment of the General Assembly and that establishment of an adequate and proper per diem, expense allowance and mileage reimbursement for attending meetings of such committees is necessary for the proper discharge of the duties of said committees. Now, therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 84, § 4: Feb. 25, 1987. Emergency clause provided: “It is hereby found and determined that the House of Representatives and Senate select their members to the Legislative Council and Legislative Joint Auditing Committee from the old six congressional districts; that the selection from the present four congressional districts would be more equitable; that the selection is to be made prior to adjournment of this legislative session; and therefore, this act must go into effect as soon as possible to grant the House and Senate the authority to change the method of selection of its members to the Legislative Council and the Joint Auditing Committee. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 832, § 7: Mar. 27, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present composition of the Joint Budget Committee is in immediate need of change; this act so provides; and that this act shall go into effect immediately in order to change the membership of the Joint Budget Committee prior to the adjournment of this regular session. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1055, § 24: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 542, § 7: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act affects the method of selection of members of the House of Representatives to the Legislative Council, Legislative Joint Auditing Committee and the Joint Budget Committee; and that this act is immediately necessary to provide for the proper selection of such members during the Seventy-Ninth General Assembly. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 607, § 36: approved Mar. 13, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that payees listed in this Act may be entitled to the sums appropriated and transferred to herein, and that they have been deprived of the use of these funds for a long period of time, and that further delay in paying these just debts of the State would do harm to the reputation of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 993, § 18: Apr. 6, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that payees listed in this Act may be entitled to the sums appropriated and transferred to herein, and that they have been deprived of the use of these funds for a long period of time, and that further delay in paying these just debts of the State would do harm to the reputation of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1312, § 36: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, Sections 9 as added by House Amendment 1, 12 as added by House Amendment 4, and 15 through 19 as added by House Amendment 10 shall be in full force and effect from and after the date of passage and approval and the remainder of the act shall be in full force and effect from and after July 1, 1995.”

Acts 1995 (1st Ex. Sess.), No. 10, § 24: Oct. 23, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current law relating to the operation of interim committees of the General Assembly unduly restricts the interim work of the General Assembly by authorizing committees to meet only as joint committees of the House of Representatives and the Senate; that in order to enable the Senate and House of Representatives to efficiently and effectively perform their interim duties, it is necessary that the interim committees of each house be authorized to meet either jointly or separately and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995 (1st Ex. Sess.), No. 16, § 29: became law without Governor's signature. Noted Oct. 19, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly meeting in First Extraordinary Session, that payees listed in this Act may be entitled to the sums appropriated and transferred herein, and that they have been deprived of the use of these funds for a long period of time, and that further delay in paying these just debts of the State would do harm to the reputation of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1285, § 32: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety Section 10 of this act shall be in full force and effect from and after the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 10 shall become effective on the expiration of the period of time during which the governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 10 shall become effective on the date the last house overrides the veto. The remaining sections of this act shall become effective from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 466, § 9: Feb. 28, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the Legislative Joint Auditing Committee should now have co-chairpersons and co-vice chairpersons instead of a chairperson and vice-chairperson; that this act so provides; that these officers will be selected by the Legislative Joint Auditing Committee as soon as it organizes after the adjournment of this regular session; and that unless this act goes into effect immediately, the Committee will not be able to select its co-chairpersons until perhaps months after its initial meeting. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2100, § 22: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2006 (1st Ex. Sess.), No. 38, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current Arkansas law does not provide sufficient information on the cost of administrative rules promulgated by the State Board of Education and the State Board of Workforce Education and Career Opportunities; and that this bill will provide critical information on the cost of administrative rules to public school districts and will minimize the possibility of the placement of unfunded mandates upon public school districts. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, Nos. 605 and 606, § 27: Mar. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that lotteries will provide funding for scholarships to the citizens of this state; that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act; and that the state lotteries should be implemented as soon as possible to effectuate the will of the citizens of this state and implement lottery-funded scholarships as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 273 § 2: Mar. 15, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Legislative Council conducts continuing review of administrative rules during the interim to allow the General Assembly to take remedial steps to correct abuses of rulemaking authority or clarify legislative intent at legislative sessions; that this review ceases during a regular, fiscal, or extraordinary session of the General Assembly, creating a gap in this vital legislative function; and that legislative review of administrative rules should be possible during a regular, fiscal, or extraordinary session to allow the General Assembly to maintain awareness of agency actions and be prepared to correct abuses of rulemaking authority or clarify legislative intent when the General Assembly is in session. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2016 (3rd Ex. Sess.), No. 1, § 23: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas bridges and roads are in need of repair and proper maintenance; that the repair and proper maintenance of Arkansas bridges and roads are necessary for the preservation of the public peace, health, and safety; that increased funding is essential to the repair and proper maintenance of Arkansas bridges and roads; that this act is designed to provide the necessary funding that is essential to the repair and proper maintenance of Arkansas bridges and roads, and this act is necessary because without this increased funding, the repair and proper maintenance of Arkansas bridges and roads may not be performed. Therefore, an emergency is declared to exist, and Sections 1-8, 13, 15, 18-21 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2016.”

Acts 2017, No. 737, § 15: Mar. 29, 2017, § 11. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, with the exception that Section 11 in this Act shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017, with the exception that Section 11 in this Act shall be in full force and effect from and after the date of its passage and approval, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017, with the exception that Section 11 in this Act shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Powers, Separation of Powers: The Unconstitutionality of the Arkansas Legislative Council, 36 Ark. L. Rev. 124.

10-3-301. Creation — Members.

  1. An ad interim committee of the General Assembly is hereby established as the “Legislative Council” to consist of the following:
    1. The Senate shall select sixteen (16) members in accordance with procedures prescribed by the Rules of the Senate;
    2. The House of Representatives shall select twenty (20) members in accordance with the procedure prescribed by the Rules of the House of Representatives;
      1. The President Pro Tempore of the Senate, the President Pro Tempore Designate, the immediate past President Pro Tempore of the Senate, the Speaker Designate of the House of Representatives, the Speaker of the House of Representatives, the immediate past Speaker of the House of Representatives, the immediate past cochairs of the Legislative Council, the immediate past chair or cochairs of the Legislative Joint Auditing Committee, and the chair and vice chair or cochairs and co-vice chairs of the Legislative Joint Auditing Committee shall be ex officio members of the Legislative Council and shall enjoy the same rights and privileges as other Legislative Council members.
        1. If the immediate past Speaker of the House of Representatives is not a member of the House, the current Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past Speaker of the House of Representatives.
        2. If the immediate past President Pro Tempore of the Senate is not a member of the Senate, the current President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past President Pro Tempore of the Senate.
        3. If the immediate past House Cochair of the Legislative Council is not a member of the House, the Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past House cochair.
        4. If the immediate past Senate Cochair of the Legislative Council is not a member of the Senate, the President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past Senate cochair.
        5. If the immediate past House Cochair of the Legislative Joint Auditing Committee is not a member of the House, the Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past House cochair.
        6. If the immediate past Senate Cochair of the Legislative Joint Auditing Committee is not a member of the Senate, the President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past Senate cochair.
        7. If the House Cochair of the Legislative Joint Auditing Committee has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Joint Auditing Committee elect a cochair of the Legislative Joint Auditing Committee.
        8. If the House Co-vice Chair of the Legislative Joint Auditing Committee has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Joint Auditing Committee elect a co-vice chair of the Legislative Joint Auditing Committee;
      1. The majority party leader and minority party leader of the House or their designees, and the majority party leader and the minority party leader in the Senate or their designees shall be members of the Legislative Council and shall enjoy the same rights and privileges as other Legislative Council members.
        1. If the majority party leader or the minority party leader in the House elects to designate a person to serve, that designation shall be subject to confirmation by the Speaker of the House of Representatives.
        2. If the majority party leader or the minority party leader in the Senate elects to designate a person to serve, that designation shall be subject to confirmation by the President Pro Tempore of the Senate; and
    3. The majority party whip and minority party whip in the Senate or their designees and the majority party whip and the minority party whip in the House or their designees shall be members of the Legislative Council and shall enjoy the same rights and privileges as other Legislative Council members.
    1. In order that there may be no vacancies on the Legislative Council at any time, at the time the members are selected to the Legislative Council by the Senate and by the House, there shall also be selected, in the same manner, one (1) first alternate member and one (1) second alternate member for each regular member.
      1. First alternate members shall also be nonvoting members of the Legislative Council and shall be entitled to per diem and mileage for attending all meetings of the Legislative Council.
      2. First alternate members of the Legislative Council shall have a vote in matters before the Legislative Council if the regular member which the first alternate represents is not in attendance.
      3. First alternate members attending as nonvoting members of the Legislative Council shall receive per diem and mileage to be paid in the same manner and from the same source as regular members of the Legislative Council.
    2. Second alternate members of the Legislative Council shall have a vote in matters before the Legislative Council if the regular member and the first alternate member which the second alternate represents are not in attendance.
  2. In the event of a tie vote in the congressional caucus to elect members and alternates, the member or alternate shall be elected by the entire membership of the House or Senate, as the case may be.
    1. Following the selection by caucus of the regular and alternate Senate members of the Legislative Council from the respective congressional districts, the President Pro Tempore of the Senate shall appoint from the membership of the Senate his or her first and second alternate members.
    2. The designation of first and second alternate members by the President Pro Tempore of the Senate shall be made prior to adjournment of each regular session of the General Assembly.
      1. The selection and designation of first and second alternate members from the membership of the House shall be in accordance with the procedure prescribed by the Rules of the House of Representatives.
      2. Notwithstanding any provision of this section to the contrary, after January 1, 1999, the selection and designation of first and second alternate members from the membership of the Senate shall be in accordance with the procedure prescribed by the Rules of the Senate.
    3. The names of the persons shall be entered upon the journal of the respective houses.
    1. Notwithstanding any provision of this section to the contrary, tenure of membership and the means of filling vacant positions for Senate Legislative Council members shall be as prescribed by the Rules of the Senate.
    2. Tenure of membership and means of filling vacant positions for House Legislative Council members shall be as prescribed by the Rules of the House of Representatives.
    1. The cochairs of the Joint Budget Committee shall be ex officio voting members of the Legislative Council.
    2. The House Chair of the Joint Budget Committee may designate the House Vice Chair of the Joint Budget Committee and other House chairs of Joint Budget Committee subcommittees as ex officio nonvoting members of the Legislative Council, thereby authorizing their attendance at meetings of the Legislative Council and its subcommittees.
  3. The House chairs and vice chairs of the Review/PEER Subcommittee of the Joint Budget Committee, the Personnel Subcommittee of the Joint Budget Committee, and the Claims Subcommittee of the Joint Budget Committee shall serve on the corresponding subcommittees of the Legislative Council as ex officio nonvoting members.
    1. With the consent of both the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Legislative Council may meet during a session of the General Assembly to transact business concerning the personnel and operations of the Bureau of Legislative Research.
    2. This subsection does not limit the authority of the Legislative Council to meet during a recess as authorized by § 10-3-211 or § 10-2-223.

History. Acts 1949, No. 264, § 1; 1951, No. 230, § 1; 1955, No. 247, § 1; 1959, No. 303, § 1; 1965, No. 411, § 1; 1967, No. 86, § 1; 1967, No. 107, § 1; 1971, No. 292, § 1; A.S.A. 1947, §§ 4-617, 4-617.1, 4-617.3; Acts 1987, No. 84, § 1; 1991, No. 832, § 2; 1993, No. 542, § 1; 1995, No. 608, § 1; 1995, No. 1149, § 1; 1995, No. 1312, §§ 16-18; 1995, No. 1350, § 2; 1995 (1st Ex. Sess.), No. 10, § 17; 1997, No. 1285, § 17; 1997, No. 1354, §§ 1, 3, 4, 46; 2001, No. 148, § 1; 2001, No. 288, § 1; 2001, No. 466, § 8; 2003, No. 1091, §§ 1, 3[5]; 2005, No. 2100, § 15; 2007, No. 319, § 1; 2007, No. 321, § 1.

A.C.R.C. Notes. As originally amended by Acts 2001, No. 148, subdivision (e)(1) provided:

“Notwithstanding any provision of this section to the contrary, after January 1, 1999, tenure of membership and the means of filling vacant positions for Senate Legislative Council Members shall be as prescribed by Senate Rules.”

Acts 2003, No. 1091, Section 5 was mislabeled as Section 3.

Acts 2003, No. 1792, provided in subdivision (b)(2)(G):

“Conduct a cost study on or before August 31, 2004, to be submitted to the Arkansas Legislative Council for the purpose of determining whether legislation should be proposed to adjust the commercial mobile radio service emergency service charges to reflect the actual and reasonable costs to be appropriately incurred by public safety answering points and commercial mobile radio service providers for compliance with applicable requirements of the Federal Communications Commission docket # 94-102.”

Amendments. The 2007 amendment by No. 319 added (h).

The 2007 amendment by 321 added (a)(3)(B)(vii) and (viii).

10-3-302. Officers — Quorum.

      1. The House of Representatives members of the Legislative Council shall select one (1) of their number as Legislative Council cochair and one (1) of their number as Legislative Council co-vice chair.
      2. The Senate members of the Legislative Council shall select one (1) of their number as Legislative Council cochair and one (1) of their number as Legislative Council co-vice chair.
      1. The House cochair shall appoint all House Legislative Council members to Legislative Council subcommittees and the Senate cochair shall appoint all Senate Legislative Council members of Legislative Council subcommittees.
      2. The House cochair shall appoint a House Legislative Council member as cochair of each Legislative Council subcommittee and the Senate cochair shall appoint a Senate Legislative Council member as cochair of each Legislative Council subcommittee.
      3. The Senate cochair and the House cochair shall alternate in presiding at meetings of the Legislative Council unless the two (2) chairs shall agree otherwise.
    1. Any other officers shall be elected as the Legislative Council may deem necessary.
    2. The Legislative Council shall select an executive secretary who shall serve as secretary to the Legislative Council at all of its meetings, but without a vote.
    1. Upon the request of any three (3) members of the Legislative Council, a separate vote of House members and Senate members shall be taken on any issue or matter brought before the Legislative Council and approval of each house shall be required for the action.
    2. The adoption or amendment of the rules of the Legislative Council shall require approval by a separate vote of Senate Legislative Council members and House Legislative Council members.

History. Acts 1949, No. 264, § 2; A.S.A. 1947, § 4-618; Acts 1997, No. 1354, § 47.

10-3-303. Bureau of Legislative Research.

  1. There is established under the direction and control of the Legislative Council a Bureau of Legislative Research which shall consist of a director to be selected by the Legislative Council and other assistants as may be provided by legislative appropriation.
  2. The Director of the Bureau of Legislative Research shall be the Executive Secretary to the Legislative Council and shall attend all of its meetings and keep official records of all Legislative Council proceedings.
  3. It shall be the duty of the bureau acting under the direction of the director to:
    1. Make studies and investigations, upon direction of the Legislative Council, and secure factual information, prepare reports, and draft legislation as may be required by the Legislative Council or any of its subcommittees;
    2. Assist all members of the General Assembly upon request while the General Assembly is in regular session, fiscal session, or special session in drafting bills and resolutions, and making studies, preparing factual information, and by performing other services for members of the General Assembly as may be reasonably requested and which are in aid of the performance of the legislative duties of the members of the General Assembly;
    3. Assist all members of the General Assembly when the General Assembly is not in session in connection with any reasonable request in preparing proposed bills or resolutions for introduction in the General Assembly when in session by compiling factual information, making studies, providing legal assistance, and performing other duties which assist members of the General Assembly in performing their official legislative duties;
      1. Maintain a limited legislative reference library service for legislative matters, utilizing print material, digital media, and information available through the internet. The bureau shall collect and make available in the most suitable form information relative to governmental subjects that will aid the General Assembly and bureau to perform their duties.
      2. The bureau shall cooperate with comparable legislative agencies in other states concerning the availability and exchange of publications in order that the General Assembly might be fully advised of current developments in the legislatures of the various states.
      3. The bureau shall maintain files or digital copies of bills introduced at the various legislative sessions that may or may not have been enacted by the General Assembly;
    4. Prepare research reports and provide other staff services to the Legislative Council or its subcommittees with respect to studies undertaken by the Legislative Council at the direction of the General Assembly, or either house thereof, or upon request of any member of the General Assembly;
    5. Assist the Legislative Council in its study of the budgetary and fiscal needs of the various state agencies and cooperate with the Department of Finance and Administration and other agencies of this state upon direction of the Legislative Council in the preparation of a budget manual reflecting the Legislative Council's budgetary recommendations to each session of the General Assembly;
    6. Cooperate with comparable legislative service agencies in other states by exchanging information of legislative interest and participate in conferences or workshops on a regional or national basis organized for the purpose of exchanging information or discussing means and methods of improving services to legislatures and legislators in connection with the performance of their official duties; and
    7. Perform any other duties and assignments as may be directed by the Legislative Council or by the General Assembly.
  4. The agenda of each session of the Legislative Council shall be prepared by the director under the direction of the cochairs of the Legislative Council, and the agenda shall consist of any proposals as may be submitted by the members of the General Assembly, the Governor of the State of Arkansas, and such other matters as may be suggested by matters of public interest.
  5. The bureau is a service agency within the legislative department of government and all members of the General Assembly shall have access thereto. The bureau shall be operated for the benefit of and the assistance to every member of the General Assembly to the end that legislative matters may be coordinated and the General Assembly assisted in its deliberations. The director and all employees of the bureau are declared to be employees of the General Assembly and shall be responsible to the General Assembly.
  6. There is established the Executive Subcommittee of the Legislative Council to be composed of the following members:
    1. The House and Senate cochairs of the Legislative Council;
    2. The House and Senate co-vice chairs of the Legislative Council;
    3. The President Pro Tempore of the Senate or one (1) senator selected by the President Pro Tempore of the Senate;
    4. The Speaker of the House of Representatives or one (1) representative selected by the Speaker of the House of Representatives;
    5. The immediate past Senate Cochair of the Legislative Council or one (1) member designate appointed by the Senate Cochair of the Legislative Council; and
    6. The immediate past House Cochair of the Legislative Council or one (1) member designate appointed by the House Cochair of the Legislative Council.
    1. The Executive Subcommittee of the Legislative Council may require the director to report and regularly seek the review and advice of the Executive Subcommittee of the Legislative Council prior to:
      1. Taking actions regarding establishing new, repealing, or changing personnel policies pertaining to employees of the bureau;
        1. Taking actions concerning the hiring or termination of staff, staff promotions, and proposed salary changes.
        2. Nothing in this section shall be construed to create an employment contract, any salary obligation, other obligation, or change in employment status of staff of the bureau from an at-will employment relationship; or
      2. Establishing new, repealing, or changing any other policies or procedures of the bureau relating to the delivery of services and other matters pertaining to the operation of the bureau, including the annual budget request of the bureau.
    2. The Executive Subcommittee of the Legislative Council may meet and transact business both during a session of the General Assembly and during the interim between sessions of the General Assembly. If during a legislative session the Executive Subcommittee of the Legislative Council takes action that requires approval by the Legislative Council, the approval may be granted either by the Legislative Council, if authorized to meet, or by the Joint Budget Committee.
    1. The bureau may employ outside legal counsel as deemed necessary by the director after receiving prior approval of the Executive Subcommittee of the Legislative Council.
    2. If the Executive Subcommittee of the Legislative Council approves the employment of outside legal counsel by the bureau, no additional approval is required.

History. Acts 1949, No. 264, §§ 5, 10; 1965, No. 500, § 1; A.S.A. 1947, §§ 4-621, 4-626; Acts 2005, No. 2100, § 18; 2007, No. 18, § 1; 2007, No. 319, § 2; 2007, No. 665, § 1; 2009, No. 962, § 16; 2015, No. 1150, § 1; 2017, No. 737, § 11.

Amendments. The 2007 amendment by No. 18 substituted “under the direction of the cochairs of the Legislative Council” for “who shall be assisted by the Dean of the School of Law of the University of Arkansas at Fayetteville” in (d).

The 2007 amendment by No. 319, in (g), added (2), substituted “The Executive Subcommittee may require the Director of the Bureau of Legislative Research to report” for “The Director of the Bureau of Legislative Research shall report to” in present (1), and made related and stylistic changes.

The 2007 amendment by No. 665 rewrote (c)(4).

The 2009 amendment inserted “session, fiscal session” following “regular” in (c)(2).

The 2015 amendment substituted “annual” for “biennial” in (g)(1)(C).

The 2017 amendment added (h).

10-3-304. Sessions — Studies — Cooperation of state agencies.

    1. The Legislative Council shall convene at any time during the interim between regular sessions, fiscal sessions, or special sessions of the General Assembly and shall remain in session for such time as it considers necessary for the consideration of all matters relating to state government, not however, for more than a total of ninety (90) days which need not be continuous.
    2. The Legislative Council shall convene and hold its sessions at the State Capitol at the seat of government or at other places as the Legislative Council may determine, and ample notice of all sessions shall be given by the Executive Secretary to the Legislative Council in advance of the sessions.
  1. The Legislative Council shall undertake such studies or investigations as may be directed by the General Assembly or either house of the General Assembly. In addition, any member of the General Assembly shall be privileged when the General Assembly is not in session to submit resolutions or study proposals to the Legislative Council for its consideration, study, and recommendations.
  2. The Legislative Council shall report any findings and recommendations to each regular session, fiscal session, or special session of the General Assembly for the repeal or amendment of existing laws or for the enactment of new laws with respect to the operation of the state government or with respect to any matter that is a subject for legislative consideration.
  3. All departments and agencies of the state government are directed to cooperate with the Legislative Council and with the Bureau of Legislative Research in providing assistance, information, or data when requested so that the General Assembly might be fully advised of all matters with respect to the operation of the various state agencies, departments, and institutions.

History. Acts 1949, No. 264, § 6; 1965, No. 500, § 2; A.S.A. 1947, § 4-622; Acts 2009, No. 962, § 17.

Amendments. The 2009 amendment added the subdivision designations in (a); inserted “sessions, fiscal sessions” following “regular” in (a)(1); deleted “thereof” preceding “shall be given” in (a)(2); substituted “of the General Assembly” for “thereof” in the first sentence of (b); and inserted “session, fiscal session” following “regular” in (c).

10-3-305. Hearings — Records — Rules.

  1. Hearings before the Legislative Council shall be public, and all sessions of the Legislative Council shall be open to the public, except in those instances in which the Legislative Council feels that it is necessary to go into executive session.
  2. All records, reports, and other matters before the committee or in the office of the Director of the Bureau of Legislative Research shall at all times during business hours be open to reasonable public inspection, except as to those matters which the Legislative Council has determined should be privileged.
  3. Any member of the General Assembly or other person can be heard by the Legislative Council for the purpose of discussing any proposed legislation or any other matter of public interest.
  4. The Rules of the House of Representatives and the Rules of the Senate shall govern the proceedings of the Legislative Council, but if the rules are conflicting or inadequate, the Legislative Council shall adopt its own rules.

History. Acts 1949, No. 264, § 9; A.S.A. 1947, § 4-625.

Research References

Ark. L. Rev.

Watkins, Access to Public Records under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

Watkins, Open Meetings under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

10-3-306. Investigations — Witnesses — Recommendations.

  1. The Legislative Council shall have authority to conduct investigations pertaining to the operation of any state agency, institution, department, or office.
  2. After its organization, the Legislative Council shall proceed to investigate all state departments, agencies, institutions, and all other activities supported either in whole or in part by state funds.
  3. In connection with any investigation, it shall have the right and power to subpoena witnesses and to issue subpoena duces tecum. The cochairs of the Legislative Council are authorized to administer oaths.
  4. The Legislative Council shall make proper recommendations to each General Assembly as to the appropriations required by all agencies, institutions, and departments for their efficient and economical operation.

History. Acts 1949, No. 264, §§ 3, 4; A.S.A. 1947, §§ 4-619, 4-620.

10-3-307. Submission of itemized budgets to Legislative Council.

All state agencies, departments, institutions, and offices shall submit to the Legislative Council a budget for their operation in the manner and at the times as requested by the Legislative Council. The Legislative Council shall ascertain the needs of each department of state government and all of its agencies, institutions, and offices; the number of employees required by each of them; and the necessary amount of money from public funds required to carry on the work or functions of any department, agency, institution, and office; and shall before each session of the General Assembly prepare and submit to the General Assembly an itemized budget for each department, agency, office, and institution supported by the state government.

History. Acts 1949, No. 264, § 7; A.S.A. 1947, § 4-623.

10-3-308. Presession budget briefings — Compensation.

    1. The Legislative Council is authorized to conduct or cause to be conducted budget briefings for members and members-elect of the General Assembly during the presession budget hearings conducted by the Legislative Council and the Joint Budget Committee preceding each regular session and fiscal session of the General Assembly for the purpose of informing interested members and members-elect of the General Assembly concerning budget requests, executive recommendations, and Legislative Council and Joint Budget Committee recommendations regarding the budgets for the various state agencies, institutions, departments, and programs.
    2. If at any time during the Legislative Council and Joint Budget Committee hearings preceding each regular session and fiscal session of the General Assembly it appears that there is not sufficient interest or attendance by members and members-elect of the General Assembly to justify continuation of budget briefings, the cochairs and co-vice chairs of the Legislative Council are authorized to terminate any further briefings during that particular budget session.
  1. Each member of the General Assembly who will serve during the upcoming regular session or fiscal session of the General Assembly and each member-elect of the General Assembly shall be entitled to attend the budget briefings conducted pursuant to the provisions of this section. Each member attending the budget briefings shall be entitled to per diem and mileage for attending briefings at the rate prescribed by law for members of the General Assembly who attend meetings of the interim committees of the General Assembly, to be payable from moneys appropriated for payment of per diem and mileage for attendance at meetings of interim committees.

History. Acts 1983, No. 78, §§ 1, 2; A.S.A. 1947, §§ 4-628, 4-629; Acts 1997, No. 1354, § 14; 2009, No. 962, § 18.

Amendments. The 2009 amendment substituted “regular session and fiscal session” for “regular session” in (a)(1) and (a)(2); in (a)(2), substituted “Joint Budget Committee hearings” for “Committee biennial hearings,” and deleted “biennial” preceding “budget session”; and inserted “session or fiscal” following “regular” in the first sentence of (b).

Cross References. State accounting and budgetary procedures, authority of Legislative Council, § 19-4-202.

10-3-309. Review and approval of state agency rules — Definitions.

      1. In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.
      2. The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.
    1. It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.
  1. As used in this section:
      1. “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.
      2. “Rule” does not mean:
        1. A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;
        2. A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;
        3. Intraagency memoranda; or
        4. A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation:
          1. Current Procedural Terminology codes;
          2. Healthcare Common Procedure Coding System codes;
          3. International Classification of Diseases codes;
          4. National Uniform Billing Committee Official UB-04 Data Specifications Manual codes; and
          5. National Correct Coding Initiative codes; and
      1. “State agency” means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules.
      2. “State agency” does not include the following unless the Legislative Council adopts rules under subsection (h) of this section that include one (1) or more of the following in the definition of “state agency”:
        1. The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly;
        2. Except as provided in § 10-3-3102 and § 27-65-107(a)(18)(A), the State Highway Commission and the Arkansas Department of Transportation, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and
        3. An institution of higher education.
    1. A state agency shall file a proposed rule with the Legislative Council at least thirty (30) days before the expiration of the period for public comment on the rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of that state agency.
    2. The Legislative Council shall assign proposed rules to the Administrative Rules Subcommittee of the Legislative Council.
        1. The proposed rule shall be reviewed by the Administrative Rules Subcommittee of the Legislative Council.
        2. When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule.
          1. Except as set forth in subdivision (c)(3)(B)(ii) of this section, upon conclusion of the review of the proposed rule by the Administrative Rules Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules Subcommittee of the Legislative Council vote on the issue of approving the proposed rule.
          2. If the Administrative Rules Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.
        1. A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D), concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council upon an affirmative vote of three-fourths (3/4) of the members present when a quorum is present.
        1. Except as set forth in subdivision (c)(4)(B) of this section, a proposed rule approved by the Administrative Rules Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule.
        2. If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.
      1. A proposed rule submitted by the State Board of Health under § 20-7-604(d)(2)(D), concerning exemptions from the requirements of the Prescription Drug Monitoring Program, shall be considered reviewed and approved by the Legislative Council upon an affirmative vote of three-fourths (¾) of the members present when a quorum is present.
        1. If enacted legislation requires or results in more than one (1) state agency adopting, amending, or repealing rules on a similar subject matter:
          1. A state agency may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group; or
          2. A member of the General Assembly may request that all proposed rules filed with the Legislative Council regarding the enacted legislation be grouped together and reviewed and approved as a single group.
        2. If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section, the proposed rules may be reviewed and approved as a single group by any of the following, as appropriate:
          1. The Legislative Council;
          2. The Administrative Rules Subcommittee of the Legislative Council;
          3. The Joint Budget Committee; or
          4. The Administrative Rule Review Subcommittee of the Joint Budget Committee.
      1. If the proposed rules are grouped together under subdivision (c)(5)(A)(i) of this section for review, the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, the Joint Budget Committee, or the Administrative Rule Review Subcommittee of the Joint Budget Committee, as appropriate, may:
        1. Separate the proposed rules if requested by:
          1. A member of the General Assembly; or
          2. One (1) of the state agencies that promulgated the proposed rules; and
        2. Elect to approve one (1) or more of the proposed rules separated under subdivision (c)(5)(B)(i) of this section.
    1. A state agency shall file a proposed emergency rule with the Executive Subcommittee of the Legislative Council.
    2. A proposed emergency rule shall be considered approved by the Executive Subcommittee of the Legislative Council if:
        1. The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council.
        2. After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule.
        3. If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or
        1. A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing.
        2. An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.
    3. A proposed emergency rule approved by the Executive Subcommittee of the Legislative Council shall be reported to the Administrative Rules Subcommittee of the Legislative Council.
    1. The Joint Budget Committee shall establish the Administrative Rule Review Subcommittee.
      1. The Administrative Rule Review Subcommittee shall consist of twenty-two (22) members of the General Assembly.
        1. Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee.
        2. The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule Review Subcommittee.
        1. Nine (9) members of the Administrative Rule Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee.
        2. The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule Review Subcommittee.
    2. The cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Administrative Rule Review Subcommittee.
      1. The Administrative Rule Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly.
      2. The Administrative Rule Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule Review Subcommittee.
      1. During a regular, fiscal, or extraordinary session of the General Assembly:
        1. The Administrative Rule Review Subcommittee shall perform the functions assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; and
        2. The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section.
      2. Actions taken by the Administrative Rule Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council under this section.
      3. The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable.
    1. A committee or subcommittee under this section may vote to not approve a rule under this section only if the rule is inconsistent with:
      1. State or federal law; or
      2. Legislative intent.
    2. A committee or subcommittee under this section voting not to approve a rule under this section shall state the grounds under subdivision (f)(1) of this section when not approving a rule.
    3. A committee or subcommittee under this section considering a rule submitted in accordance with § 20-7-604(d)(2)(D), concerning exemptions from the Prescription Drug Monitoring Program, is not required to state the grounds required under subdivision (f)(1) of this section when not approving a rule.
    1. The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee may refer a rule to a committee of the General Assembly for the committee's consideration.
    2. After the referred rule is presented to a committee of the General Assembly and considered, the committee to whom the rule was referred may provide its views and opinions on the rule to the committee or subcommittee that referred the rule.
    3. The Administrative Rules Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule Review Subcommittee, or the Joint Budget Committee shall not delegate their authority to review or approve a rule under this section to a committee or subcommittee of the General Assembly or the Legislative Council.
    1. The Legislative Council shall adopt rules to implement this section, including without limitation rules concerning:
      1. The process for determining when a rule will be placed on the agendas of the Administrative Rules Subcommittee of the Legislative Council and the Legislative Council; and
      2. The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule.
    2. The Legislative Council may adopt rules amending the definition of “state agency” under subdivision (b)(2)(B) of this section to provide:
      1. That the definition of “state agency” includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and
      2. That the definition of “state agency” under this section does not include an agency of state government.
  2. The review and approval of a rule under this section shall not be construed to:
    1. Represent an expression by the General Assembly that the rule is consistent with:
      1. State or federal law; or
      2. Legislative intent; and
    2. Have any effect in a judicial proceeding relating to the rule, including without limitation a judicial review of the rule under § 25-15-212 or other applicable provision of law.

History. Acts 1973, No. 583, §§ 1, 2, 4-6; 1979, No. 136, § 1; A.S.A. 1947, §§ 6-608, 6-608n, 6-610 — 6-612; Acts 1987, No. 85, § 1; 1995, No. 884, §§ 4, 5; 1995, No. 1104, § 2; 1997, No. 1354, § 15; 2001, No. 983, § 1; 2006 (1st Ex. Sess.), No. 38, § 2; 2011, No. 273, § 1; 2013, No. 759, § 2; 2015, No. 1258, § 13; 2016 (3rd Ex. Sess.), No. 1, § 2; 2017, No. 605, § 1; 2017, No. 707, § 12; 2017, No. 820, §§ 6, 7; 2019, No. 315, §§ 736-742; 2019, No. 319, § 3.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Acts 2016 (3rd Ex. Sess.), No. 1, § 1, provided: “This act shall be known and may be cited as the ‘Arkansas Highway Improvement Plan of 2016’.”

Acts 2019 No. 319, § 1, provided: “Title. This act shall be known and may be cited as the ‘Red Tape Reduction Collective Rulemaking Act of 2019’”.

Acts 2019, No. 319, § 2, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Arkansas is taking a leading role in the nationwide pursuit of reforms to the system of occupational licensing;

“(2) Arkansas became one (1) of eleven (11) states chosen to participate in the Occupational Licensing Policy Learning Consortium, an initiative funded by a grant from the United States Department of Labor and supported in partnership with the National Conference of State Legislatures, the Council of State Governments, and the National Governors Association;

“(3) Governor Asa Hutchinson appointed seventeen (17) individuals to the Red Tape Reduction Working Group to review and address occupational licensing regulations that create unnecessary barriers to labor market entry; and

“(4) The Red Tape Reduction Working Group issued a final report to the Governor in the fall of 2018 with five (5) recommendations for substantive legislative reform, which are to:

“(A) Establish an expedited procedure for occupational licensing entities to collectively submit administrative rules that are responsive to new legislation;

“(B) Extend Acts 2017, No. 781, to allow repeal of subsections of rules;

“(C) Establish provisions to allow certain agencies to consider occupational relevance with regard to criminal background issues;

“(D) Authorize occupational licensing entities to identify types of individuals or entities that may be issued temporary or provisional licenses; and

“(E) Establish a systematic process for review of:

“(i) New occupational licensure and occupational licensing entities; and

“(ii) Existing occupational licensure and occupational licensing entities.

“(b) It is the intent of the General Assembly to establish an expedited procedure for occupational licensing entities to collectively submit administrative rules that are responsive to new legislation”.

Publisher's Notes. Acts 1977, No. 100, referred to in this section is not codified since all of the actions required by that act were completed prior to the adoption of this code. The act may be found in the Appendix following this title.

Amendments. The 2011 amendment added (g).

The 2013 amendment in (e)(1)(B), substituted “as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.” for “determined by the agency” and substituted “without limitation” for “at a minimum”; deleted (e)(1)(C) and (D); and substituted “Filings under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.” for “In either event, the proposed rule or regulation”.

The 2015 amendment rewrote the section heading and the section.

The 2016 (3rd Ex. Sess.) amendment substituted “that include” for “including” in the introductory language of (b)(2)(B); and added “Except as provided in §§ 10-3-3102 and 27-65-107(a)(18)(A)” to the beginning of (b)(2)(B)(ii).

The 2017 amendment by No. 605 added (b)(1)(B)(iv).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(2)(B)(ii).

The 2017 amendment by No. 820 redesignated former (c)(3)(B)(i) and (c)(3)(B)(ii) as (c)(3)(B)(i) (a) and (c)(3)(B)(i) (b) ; added “Except as set forth in subdivision (c)(3)(B)(ii) of this section” in (c)(3)(B)(i) (a) ; added (c)(3)(B)(ii); redesignated former (c)(4)(A) and (c)(4)(B) as (c)(4)(A)(i) and (c)(4)(A)(ii); added “Except as set forth in subdivision (c)(4)(B) of this section” in (c)(4)(A)(i); added (c)(4)(B); and added (f)(3).

The 2019 amendment by No. 315 substituted “Administrative Rules Subcommittee” for “Administrative Rules and Regulations Subcommittee” throughout the section; and substituted “Administrative Rule Review Subcommittee” for “Administrative Rule and Regulation Review Subcommittee” throughout the section.

The 2019 amendment by No. 319 added (c)(5).

Cross References. Rulemaking power to be narrowly interpreted, § 25-15-220.

10-3-310. Compensation of executive secretary and employees — Cooperation with Council of State Governments — Reimbursement.

    1. The Executive Secretary to the Legislative Council shall be entitled to such salary as may be authorized by appropriation of the General Assembly.
    2. All other employees of the Legislative Council shall receive such remuneration as may be provided by the annual appropriations.
  1. The Legislative Council is authorized to cooperate with the Council of State Governments and with national and regional organizations established to study governmental problems and may authorize one (1) or more of its members to attend the meetings thereof which the Legislative Council deems appropriate. Any member of the Legislative Council attending the meetings shall be reimbursed only for actual and reasonable expenses for transportation, meals, lodging, and other necessary expenses.

History. Acts 1949, No. 264, § 8; 1963, No. 253, § 1; 1969, No. 139, § 1; 1975, No. 929, § 1; A.S.A. 1947, § 4-624; Acts 2015, No. 1150, § 2.

A.C.R.C. Notes. Pursuant to § 10-3-303(b), the Executive Secretary to the Legislative Council is the Director of the Bureau of Legislative Research.

Amendments. The 2015 amendment substituted “annual” for “biennial” in (a)(2).

10-3-311. Gifts and donations.

The Legislative Council is authorized to accept gifts, grants, contributions, and donations from the federal government or from private persons, associations, or corporations for use in making studies and in performing the functions and duties of the Legislative Council as prescribed by law.

History. Acts 1961 (1st Ex. Sess.), No. 41, § 1; A.S.A. 1947, § 4-627.

10-3-312. Notification of lawsuits affecting state.

  1. In order that the General Assembly may take whatever steps it deems necessary concerning lawsuits which may affect the State of Arkansas, its officials, or its financial resources:
    1. The Attorney General shall notify the Director of the Bureau of Legislative Research who is the Executive Secretary to the Legislative Council as soon as possible after the Attorney General becomes involved in such litigation;
    2. When any state agency or any entity which receives an appropriation of funds from the General Assembly becomes involved in litigation without representation by the Attorney General, the director or administrative head of the agency shall notify the Director of the Bureau of Legislative Research as soon as possible.
  2. The notice given by the Attorney General or by the director or administrative head of a state agency to the Director of the Bureau of Legislative Research shall include the style of the case being litigated, the identity of the tribunal before which the matter has been filed, a brief description of the issues involved, and other information that will enable the Legislative Council or the Joint Budget Committee to determine the action that may be deemed necessary to protect the interests of the General Assembly and the State of Arkansas in that matter.
  3. Upon receipt of the notice, the Director of the Bureau of Legislative Research shall during the interim between legislative sessions transmit a copy of the notice to the cochairs of the Legislative Council and to the cochairs of the Joint Budget Committee during legislative sessions in order that those committees may schedule that matter upon their respective agendas at the earliest possible date.
  4. During the interim between legislative sessions, the Legislative Council shall determine, and during legislative sessions the Joint Budget Committee shall determine, whether the General Assembly has an interest in the litigation and, if so, take whatever action deemed necessary to protect the General Assembly's and the state's interest in that matter.

History. Acts 1987, No. 798, §§ 1, 2.

10-3-313. Meetings — Agenda — Procedures and practices.

    1. The Review Subcommittee of the Legislative Council, the Administrative Rules Subcommittee of the Legislative Council, and the Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council shall each meet monthly on a date approximately two (2) weeks preceding the date on which regular meetings of the interim committees are held.
    2. At the meetings, the respective subcommittees shall screen the various matters required by law to be submitted to the Legislative Council by the state agencies and which have heretofore been referred to the respective subcommittees by the Legislative Council and shall determine which of such matters need further review and which are routine and need no further review or both.
    3. Those matters which the respective subcommittees determine need further review shall be referred to the respective subject matter interim committee, which committee referral shall be made by the subcommittee after taking into consideration the committee which is usually assigned such matters by the respective houses as well as the workload of the various interim committees, it being the intent to allow as much meaningful participation by the members in as many committees as possible.
      1. At the next regular meeting of an interim committee, all matters referred to the committee by the Legislative Council or appropriate subcommittee of the Legislative Council shall be placed on the agenda for review by the committee.
      2. When any member of the General Assembly submits any proposal or issue to the Legislative Council for legislative study or review or input, the Legislative Council shall refer the matter as follows:
        1. If the proposal states a preference on referral, the proposal shall be referred to the committee of preference unless the proposal is clearly not germane to that committee as determined by the Legislative Council;
        2. If the proposal was initiated by the Legislative Council or by a member of the Legislative Council, the Legislative Council may appoint a subcommittee to conduct such study; and
        3. All other proposals shall be assigned to the appropriate interim committee.
    1. Notice that such item is being placed on the meeting agenda of the interim committee may be furnished to the various state agencies involved upon direction of the cochairs of the interim committee in order that the agency may be represented at the interim committee meeting to explain the item and to answer questions in regard thereto if raised by the committee.
    2. Upon conclusion of the committee's consideration of an item, the committee or designated subcommittee thereof shall notify the state agency that it has completed its review of the item.
    3. The purpose of this subsection is to enable appropriate interim committees of the General Assembly and the various state agencies to jointly discuss the various matters referred to the respective committees in order to enable the committees to perform a legislative oversight function of keeping the General Assembly informed with respect to activities of the various agencies and to enable state agencies to receive the benefit of recommendations and comments of the respective interim committees concerning various actions or proposed actions of the agencies.
    4. The respective interim committees of the General Assembly are hereby authorized to adopt appropriate procedures and practices, including the utilization of subcommittees, to enable each committee to carry out its responsibilities under the provisions of this section.

History. Acts 1991, No. 1055, §§ 13-15, 19; 1997, No. 1354, § 16; 2019, No. 315, § 743.

Amendments. The 2019 amendment substituted “Administrative Rules Subcommittee” for “Administrative Rules and Regulations Subcommittee” in (a)(1).

10-3-314. [Repealed.]

Publisher's Notes. This section, concerning report on claim filed with Arkansas State Claims Commission, was repealed by Acts 2013, No. 1161, § 1. The section was derived from Acts 1995, No. 607, § 27; 1995, No. 993, § 9; 1995 (1st Ex. Sess.), No. 16, § 20; 1997, No. 264, § 1; 2009, No. 605, § 13; 2009, No. 606, § 13; 2011, No. 777, § 1.

10-3-315. Information and records.

  1. For purposes of this section, “state agency” means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education.
  2. Every state agency shall provide the Bureau of Legislative Research with information, records, and access to electronic databases and files when requested by the bureau, unless prohibited by federal or state law.
  3. Information and records requested by the bureau shall be provided as soon as possible and in whatever reasonable form, hard copy, electronic, etc., requested.
  4. State agencies shall also make their staff reasonably accessible for consultation with bureau staff.

History. Acts 1995, No. 1312, § 9; 1997, No. 1285, § 11.

10-3-316. Charitable, Penal and Correctional Institutions Subcommittee.

The cochairs of the Legislative Council shall appoint a member of the Senate Committee on City, County, and Local Affairs and a member of the House Committee on City, County, and Local Affairs to serve as members of the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.

History. Acts 1997, No. 1285, § 24.

A.C.R.C. Notes. The reference to “§ 10-3-301 et seq.” in § 10-3-203 may not apply to this section which was enacted subsequently.

10-3-317. Disclosure of school district information and records — Access to electronic databases of Division of Elementary and Secondary Education.

    1. The Division of Elementary and Secondary Education shall provide the Bureau of Legislative Research with direct read-and-report-only access to the division's data warehouse concerning school districts and related records.
    2. In providing the bureau with the direct read-and-report-only access required under subdivision (a)(1) of this section, the division shall take reasonable precautions, including electronic blocking or redacting, to prevent the disclosure of:
      1. Personally identifiable information of a student unless the parent or guardian of a minor student or a student who is no longer a minor consents in writing to the disclosure of personally identifiable information about that student; or
      2. Information that would cause the division to lose funding under the provisions of 20 U.S.C. § 1232g, as it existed on January 1, 2007.
      1. The division shall make its staff reasonably accessible for consultation with bureau staff in developing and responding appropriately to bureau requests under this section.
      2. The bureau staff shall inform the division of any warehouse data used in the preparation of reports and provide the division at least one (1) working day to review any student-related warehouse data used in preparation of reports prior to publicly releasing that student-related data without individually identifiable information.
  1. The division shall provide other information and records requested by the bureau as soon as possible and in whatever reasonable form requested.

History. Acts 2007, No. 624, § 1; 2019, No. 910, § 2209.

A.C.R.C. Notes. The reference to “§ 10-3-301 et seq.” in § 10-3-203 may not apply to this section which was enacted subsequently.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and (a)(1); substituted “division” for “department” throughout the section; and made a stylistic change.

10-3-318. Review of occupational authorizations and occupational entities — Findings and intent — Definitions.

  1. The General Assembly finds and determines that it is in the best interest of this state to conduct a periodic comprehensive review of all occupational authorizations and the occupational entities that issue them.
  2. It is the intent of the General Assembly to determine and implement the least restrictive form of occupational authorization to protect consumers from significant and substantiated harms to public health and safety.
  3. As used in this section:
    1. “Occupational authorization” means a license, government-required certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and
    2. “Occupational entity” means an office, board, commission, department, council, bureau, or other agency of state government having authority to establish or issue an occupational authorization.
    1. The Legislative Council shall:
        1. Review each occupational authorization and each occupational entity on an annual rotating basis to determine if the existing occupational authorization or occupational entity, or both, is consistent with the intent described in subsection (b) of this section.
          1. The occupational authorizations and the occupational entities shall be divided into six (6) groups to be determined by the Legislative Council.
          2. The Legislative Council shall review one (1) group each year.
        2. However, an occupational authorization or occupational entity may be reviewed out of the rotating basis if a member of the General Assembly makes a formal request to the Legislative Council and the cochairs of the Legislative Council approve the request.
        3. After all groups have been reviewed one (1) time, the Legislative Council shall continue to review the groups as described in this section;
        1. Analyze whether consumers are sufficiently protected by competition, public knowledge of the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance.
        2. If the Legislative Council finds substantiated evidence showing that the competition and private actions described in subdivision (d)(1)(B)(i) of this section provide for insufficient protection from significant harm, the Legislative Council shall use the following guidelines in the Legislative Council's review:
          1. The effects of the existing occupational authorization and any proposed occupational reform on opportunities for workers, consumer choices, consumer costs, general unemployment, market competition, government costs, and any other effects deemed relevant;
          2. Whether the occupational authorization and any proposed occupational reform employ the least restrictive form of occupational authorization to protect consumers from significant and substantiated harm to public health and safety;
          3. If and to what degree existing occupational regulation and any proposed occupational reform delegate administrative rules promulgation to an occupational entity concerning the establishment of the following:
            1. The scope of practice for the occupation or profession; or
            2. The qualifications for the occupational authorization; and
          4. Whether a significant and substantiated exposure to antitrust litigation under any existing occupational regulation and under any proposed occupational reform exists; and
        1. Make recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding:
          1. The repeal of an occupational authorization;
          2. The conversion of an occupational authorization to a less restrictive occupational authorization;
          3. The promulgation of revised rules reflecting the use of a less restrictive occupational authorization consistent with subsection (e) of this section;
          4. The modification of qualifications for an occupational authorization;
          5. The modification or redefinition of the scope of practice of an occupation or profession; or
          6. Any other relevant legislative reforms deemed necessary.
        2. However, the Legislative Council is not required to recommend any legislative reform for any particular occupational authorization or occupational entity.
    2. The Legislative Council may:
      1. Establish or utilize one (1) or more subcommittees to assist in its duties under this section;
      2. Assign information filed with the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (d)(2)(A) of this section; and
      3. Delegate its duties under this section to one (1) or more subcommittees of the Legislative Council, subject to final review and approval of the Legislative Council.
    3. If the Legislative Council determines that it is necessary, the Legislative Council may contract with consultants to assist in the duties assigned under this section or request the staff of Arkansas Legislative Audit to assist in the duties assigned under this section.
    1. The Legislative Council shall analyze whether consumers can be sufficiently protected by competition, the reputations of occupational practitioners, private ratings and reviews, private certification, voluntary bonding, and voluntary insurance.
    2. If the Legislative Council finds substantiated evidence of significant harm arising from:
        1. Contractual disputes, including pricing disputes, the Legislative Council may recommend enacting legislation allowing lawsuits in small claims court or district court to remedy a specific consumer harm.
        2. A cause of action described in subdivision (e)(2)(A)(i) of this section may provide for reimbursement of attorney's fees or court costs if a consumer claim is successful;
      1. Fraud, the Legislative Council may recommend legislation strengthening powers under the deceptive trade practices laws or requiring disclosures to reduce misleading attributes of the specific good or service;
      2. General health and safety, the Legislative Council may recommend legislation enacting a law or rule that regulates the related process or requires a business license;
      3. Unclean facilities, the Legislative Council may recommend legislation requiring periodic facility inspections;
      4. Failure of an occupational licensee to complete a contract fully or comply with standards, the Legislative Council may recommend legislation requiring the occupational licensee to be bonded;
      5. Lack of protection for a person who is not a party to a contract between an occupational licensee and a consumer, the Legislative Council may recommend legislation requiring the occupational licensee to have insurance;
      6. Transactions with transient, out-of-state, or fly-by-night occupational licensees, the Legislative Council may recommend legislation requiring the occupational licensee to register the business with the Secretary of State;
      7. Shortfalls or lack of knowledge about the good or service among consumers relative to the occupational practitioner's knowledge, the Legislative Council may recommend legislation enacting government-required certification or other occupational authorization;
      8. Systematic information shortfall in which a reasonable consumer of a service is permanently unable to distinguish between the quality of occupational licensees and an absence of guidance to the consumers, the Legislative Council may recommend legislation enacting or maintaining an occupational authorization; or
      9. Multiple areas listed in subdivisions (e)(2)(A)-(I) of this section, the Legislative Council may recommend legislation with a combination of occupational authorization, including regulation with a private remedy, third-party or consumer-created ratings and reviews, or private certification.
  4. Under a timeline as determined by the Legislative Council, an occupational entity shall:
      1. File a report with the Governor and the Legislative Council.
      2. The report shall include:
        1. The name of the occupation, the type of regulation, and the scope of practice for each occupation that the occupational entity regulates;
        2. The amount of any fee or penalty associated with each occupation;
        3. The number of individuals regulated by the occupational entity, grouped by occupational authorization;
        4. A statement describing in what respects, if any, each occupational authorization is required by state or federal law; and
        5. Any other relevant information as determined by the Legislative Council;
    1. Appear at a public hearing before the Legislative Council to discuss the report prepared by the occupational entity; and
    2. Provide any assistance requested to the Legislative Council regarding the review of each occupational authorization.
  5. This section does not apply to occupational authorizations or occupational entities that are not subject to the oversight or purview of the General Assembly through the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. New occupational authorization and occupational entities; and

History. Acts 2019, No. 600, § 3.

A.C.R.C. Notes. Acts 2019, No. 600, § 1, provided: “Title. This act shall be known and may be cited as the ‘Red Tape Reduction Sunrise and Sunset Act of 2019’”.

Acts 2019, No. 600, § 2, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Arkansas is taking a leading role in the nationwide pursuit of reforms to the system of occupational licensing;

“(2) Arkansas became one (1) of eleven (11) states chosen to participate in the Occupational Licensing Policy Learning Consortium, an initiative funded by a grant from the United States Department of Labor and supported in partnership with the National Conference of State Legislatures, the Council of State Governments, and the National Governors Association;

“(3) Governor Asa Hutchinson appointed seventeen (17) individuals to the Red Tape Reduction Working Group to review and address occupational licensing regulations that create unnecessary barriers to labor market entry; and

“(4) The Red Tape Reduction Working Group issued a final report to the Governor in the fall of 2018 with five (5) recommendations for substantive legislative reform, which are to:

“(A) Establish an expedited procedure for occupational entities to collectively submit administrative rules that are responsive to new legislation;

“(B) Extend Acts 2017, No. 781, to allow repeal of subsections of rules;

“(C) Establish provisions to allow certain agencies to consider occupational relevance with regard to criminal background issues;

“(D) Authorize occupational entities to identify types of individuals or entities that may be issued temporary or provisional licenses; and

“(E) Establish a systematic process for review of:

“(i) New occupational authorization and occupational entities; and

“(ii) Existing occupational authorization and occupational entities.

“(b) It is the intent of the General Assembly to establish a systematic process for review of:

“(2) Existing occupational authorization and occupational entities”.

Subchapter 4 — Legislative Joint Auditing Committee

A.C.R.C. Notes. Acts 1995 (1st Ex. Sess.), No. 10, § 16, provided:

“Nothing in this act shall affect any statutorily created subcommittee of a joint interim committee.”

Cross References. Institute of Legislative Procedure, § 10-2-123.

Special early retirement allowances, colleges to report, § 24-7-101.

Effective Dates. Acts 1955, No. 105, § 26: Feb. 24, 1955. Emergency clause provided: “Whereas, the Sixtieth General Assembly is faced with the problem of appropriating funds for the operation of state government; and whereas, additional information is needed for a proper determination of the needs of the various agencies and departments of government; and whereas, it is believed that future sessions of the General Assembly should be advised of the method in which state funds are administered in order that the General Assembly might properly discharge its duty of appropriating state funds, and that such information can be furnished only by the immediate passage of this act, now, therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1963, No. 499, § 4: Mar. 20, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Legislative Joint Auditing Committee is charged with the duty by law of post auditing of all state agencies and departments; that the post auditing thereof is a proper and necessary function of the General Assembly in verifying that state funds are properly and legally expended; that the members of said committee will be appointed during the Regular Session of the General Assembly and must meet immediately upon adjournment of the General Assembly to properly discharge the duties authorized by law, and that the providing of an adequate per diem as an expense allowance for each day spent in attending meetings of said committee is essential to the proper and efficient functions of the committee, and that only by the immediate passage of this act may such committee properly function. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965, No. 411, § 3: Mar. 20, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that a majority of the members of the Legislative Council are selected by caucus of the members of the House of Representatives from each of the six congressional districts as established by Act 297 of 1951; that such manner of selection was designed to assure that the membership of the Legislative Council would be composed of a broad cross-section of the members of the House of Representatives from the various areas of the state and would represent the views of the members of the House of Representatives from the various sections of the state; that there is some uncertainty in the present law regarding whether or not the two members of each district selected by caucus must be from different counties of the district, and that this act will clarify the law in this respect; that the members of the Legislative Council will be selected sometime prior to the adjournment of the Sixty-Fifth General Assembly and that it is desirable that this act become effective immediately in order to clarify this situation prior to the selection of such members. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1967, No. 107, § 3: Feb. 20, 1967. Emergency clause provided: “It is hereby found and determined that under the laws of this state the members of the House and Senate from each of the six congressional districts established by Act 297 of 1951 are to caucus for the selection of members and alternate members of the Legislative Council and the Legislative Joint Auditing Committee; that the reapportionment of the seats of the House and Senate has resulted in a number of members of the House and Senate being elected from Representative or Senatorial districts that comprise counties in more than one congressional district; and, that immediate clarification of the method to be followed in the conduct of the respective caucuses for the selection of such members and alternates is essential in order that each of these two important joint ad interim committees of the General Assembly may be properly selected during the current Regular Session of the General Assembly as required by law. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 147, § 3: became law without Governor's signature, Feb. 24, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the membership of the Legislative Joint Auditing Committee is not large enough to permit an equitable distribution of its members among the various sections of the state, and that an equitable distribution of the members thereof is necessary in order that the various sections of the state and the various interests in each section can be properly represented, and that this act will correct this situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1967, No. 353, § 2: Mar. 14, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Speaker of the House of Representatives and the President Pro Tem of the Senate are not now members of the Legislative Joint Auditing Committee, and by virtue of the responsible positions they hold, it is essential that the Speaker of the House and the President Pro Tem of the Senate be added to the membership of said committee and that this act will correct this situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 662, § 3: Apr. 10, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Legislative Joint Auditing Committee was directed by Act 105 of 1955 to provide for the auditing of each department, institution, board, commission, office, and agency of the state government of Arkansas, and that by subsequent legislation the Division of Local Audits was transferred to the Division of Legislative Audit and operates under the auditing jurisdiction of the Legislative Joint Auditing Committee; that many audits of state agencies, cities, counties, and school districts reflect discrepancies in the handling or administering of public funds or the expenditure thereof, and other irregularities which cannot be fully determined by the Legislative Auditor or members of his staff; that in order to enable the Legislative Joint Auditing Committee to make a full determination of all facts and circumstances necessary in connection with an audit it is essential that the Legislative Joint Auditing Committee be authorized to subpoena individuals, books, records, and documents that may be necessary to make a full determination of all facts essential to the completion of any such investigation; and that the immediate passage of this act is necessary to authorize the Legislative Joint Auditing Committee to issue subpoenas whenever the committee determines that the same is necessary for a proper discharge of its duties in keeping the General Assembly informed with respect to the handling and administration of public funds. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 929, § 3: Apr. 8, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Arkansas Legislative Council and the Arkansas Joint Auditing Committee have many matters of pressing importance to be considered, that said committees will be selected during the Regular Session of the General Assembly and will meet upon adjournment of the General Assembly and that establishment of an adequate and proper per diem, expense allowance and mileage reimbursement for attending meetings of such committees is necessary for the proper discharge of the duties of said committees. Now, therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 371, § 5: Mar. 7, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Legislative Joint Auditing Committee should be authorized to meet during the General Assembly and that the transacting of business by the Legislative Joint Auditing Committee will serve to the benefit of the people of the State of Arkansas and that this act will provide for this action. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 988, §§ 5, 7: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the workload of the Legislative Joint Auditing Committee and its staff has increased substantially in recent years; that the committee is called upon more and more to conduct federally mandated audits of state agencies and the various subdivisions of the state, which federal audits must be conducted and reported in a different manner and format than regular audits conducted by the committee and its staff; that it is essential to the effective and efficient administration of the primary responsibilities of the committee that a procedure be established whereby the committee can properly determine whether time and staff limitations will permit the committee to make particular federal audits which are requested and that this act is designed to establish such procedure; and that this procedure should be initiated beginning with the 1981-82 fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1981.”

Acts 1987, No. 84, § 4: Feb. 25, 1987. Emergency clause provided: “It is hereby found and determined that the House of Representatives and Senate select their members to the Legislative Council and Legislative Joint Auditing Committee from the old six congressional districts; that the selection from the present four congressional districts would be more equitable; that the selection is to be made prior to adjournment of this legislative session; and therefore, this act must go into effect as soon as possible to grant the House and Senate the authority to change the method of selection of its members to the Legislative Council and the Joint Auditing Committee. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 542, § 7: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act affects the method of selection of members of the House of Representatives to the Legislative Council, Legislative Joint Auditing Committee and the Joint Budget Committee; and that this act is immediately necessary to provide for the proper selection of such members during the Seventy-Ninth General Assembly. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995 (1st Ex. Sess.), No. 10, § 24: Oct. 23, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current law relating to the operation of interim committees of the General Assembly unduly restricts the interim work of the General Assembly by authorizing committees to meet only as joint committees of the House of Representatives and the Senate; that in order to enable the Senate and House of Representatives to efficiently and effectively perform their interim duties, it is necessary that the interim committees of each house be authorized to meet either jointly or separately and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 147, § 14: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 466, § 9: Feb. 28, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the Legislative Joint Auditing Committee should now have co-chairpersons and co-vice chairpersons instead of a chairperson and vice-chairperson; that this act so provides; that these officers will be selected by the Legislative Joint Auditing Committee as soon as it organizes after the adjournment of this regular session; and that unless this act goes into effect immediately, the Committee will not be able to select its co-chairpersons until perhaps months after its initial meeting. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2201, § 12: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Legislative Joint Auditing Committee and the Division of Legislative Audit provide essential auditing and investigative services to the General Assembly and the State of Arkansas; that to avoid confusion, the General Assembly finds it is necessary to combine the Arkansas Code provisions concerning the Division of Legislative Audit and the local audit section of the division in one Arkansas Code chapter; that to avoid certain undue hardships on public entities of the state, it is also necessary for the General Assembly to provide a basis of financial statement presentation for certain public entities; that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; and that this act is immediately necessary because the General Assembly finds that the public disclosure of such unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-3-401. Creation.

There is established a committee of the General Assembly to be known as the “Legislative Joint Auditing Committee”. It is the intention of the General Assembly that this shall be a joint interim committee of the General Assembly.

History. Acts 1955, No. 105, § 1; A.S.A. 1947, § 4-701.

10-3-402. Purpose and definitions.

  1. It is determined that adequate information is not available at each biennial session of the General Assembly through which the members of the General Assembly may determine the needs and legislative requirements of the various agencies, departments, or other entities of the state government and political subdivisions of the state and that the impartial periodic auditing of entities of the state and political subdivisions of the state will provide information which will facilitate the discharge by the General Assembly of its legislative responsibilities.
  2. Due to time restraints and the size, complexity, and scope of the entities of the state and its political subdivisions, it is determined that the sixty-day legislative session is not an adequate time in which to audit entities of the state and political subdivisions of the state.
  3. It is further determined that the Legislative Joint Auditing Committee shall exist and operate as a joint interim committee of the General Assembly and in such capacity shall serve the General Assembly as the proper agency to provide for the impartial auditing, independently of the executive branch of state government, of entities of the state and political subdivisions of the state.
  4. It is not the intent of this act, nor shall this act be construed, to infringe upon or deprive the executive or judicial branches of state government of any rights, powers, or duties vested in or imposed upon them by the Constitution of Arkansas.
  5. It is the intent of this act merely to provide the General Assembly with adequate information which will facilitate the exercise by it of its constitutional powers and none other.
  6. For the purposes of this subchapter:
    1. “Audit” means a financial audit, performance audit, information technology audit, review, report of agreed-upon procedures, compilation, examination, investigation, or other report or procedure approved by the Legislative Joint Auditing Committee for an entity of the state or a political subdivision of the state;
    2. “Entity of the state” means the State of Arkansas as a whole or any department, institution of higher education, board, commission, agency, or quasi-public organization, or any official, office, or employee, or any agency, instrumentality, or function thereof;
    3. “Other funds” means any funds or assets held by a person, foundation, nonprofit corporation, or any other entity for the specific benefit of a particular entity or entities of the state or political subdivision of the state;
    4. “Political subdivision of the state” means any county, municipality, school, quasi-public organization, district, official, office, employee, or any agency, instrumentality, or function thereof;
    5. “Public funds” means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through an entity of the state or a political subdivision of the state; and
    6. “School” means any public school district, charter school, or education service cooperative, or any publicly supported entity having supervision over public educational entities.
  7. The definitions in this subchapter are limited to this subchapter only, and shall not be used or interpreted as applying to the Freedom of Information Act of 1967, § 25-19-101 et seq.

History. Acts 1955, No. 105, § 4; A.S.A. 1947, § 4-704; Acts 2005, No. 2201, § 1; 2007, No. 617, § 36.

Amendments. The 2007 amendment substituted “education service cooperative” for “educational cooperative” in (f)(6).

Meaning of “this act”. Acts 1955, No. 105, codified as §§ 10-3-40110-3-405, 10-3-40710-3-409, and 10-4-10110-4-116 [repealed].

Acts 2005, No. 2201, codified as §§ 10-3-40210-3-404, 10-3-406, 10-3-407, 10-3-410, 10-3-411, 10-4-40110-4-427, 14-77-102, 16-21-1107 and 16-21-2007.

Cross References. Freedom of Information Act of 1967, § 25-19-101 et seq.

10-3-403. Members — Selection.

  1. The Legislative Joint Auditing Committee shall consist of members of the General Assembly to be selected as follows:
      1. The Senate shall select sixteen (16) members in accordance with procedures prescribed by the Rules of the Senate.
        1. At the time of selecting members, the Senate shall also select in the same manner one (1) first alternate and one (1) second alternate for each member selected.
        2. The first alternates shall also be nonvoting members of the Legislative Joint Auditing Committee and shall be entitled to receive per diem and mileage for attending all meetings of the Legislative Joint Auditing Committee.
        3. First alternate members of the Legislative Joint Auditing Committee shall have a vote in matters before the Legislative Joint Auditing Committee if the regular member which the first alternate represents is not in attendance.
        4. Second alternate members of the Legislative Joint Auditing Committee shall have a vote in matters before the Legislative Joint Auditing Committee if the regular member and first alternate member which the second alternate represents are not in attendance.
        5. First alternate members attending as nonvoting members of the Legislative Joint Auditing Committee shall receive per diem and mileage to be paid in the same manner and from the same source as regular members of the Legislative Joint Auditing Committee;
      1. The House of Representatives shall select twenty (20) members in accordance with the procedure prescribed by the Rules of the House of Representatives.
        1. At the time of selecting members, the House shall also select in the same manner one (1) first alternate and one (1) second alternate for each member selected.
        2. The first alternates shall also be nonvoting members of the Legislative Joint Auditing Committee and shall be entitled to receive per diem and mileage for attending all meetings of the Legislative Joint Auditing Committee.
        3. First alternate members of the Legislative Joint Auditing Committee shall have a vote in matters before the Legislative Joint Auditing Committee if the regular member which the first alternate represents is not in attendance.
        4. Second alternate members of the Legislative Joint Auditing Committee shall have a vote in matters before the Legislative Joint Auditing Committee if the regular member and first alternate member which the second alternate represents are not in attendance.
        5. First alternate members attending as nonvoting members of the Legislative Joint Auditing Committee shall receive per diem and mileage to be paid in the same manner and from the same source as regular members of the Legislative Joint Auditing Committee; and
      1. The Speaker of the House of Representatives, the President Pro Tempore of the Senate, the immediate past chair or cochairs of the Legislative Joint Auditing Committee, and the cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Legislative Joint Auditing Committee and shall enjoy all the rights and privileges of other members of the Legislative Joint Auditing Committee.
      2. If the immediate past House Cochair of the Legislative Joint Auditing Committee is not a member of the House, the Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past House cochair.
      3. If the immediate past Senate Cochair of the Legislative Joint Auditing Committee is not a member of the Senate, the President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past Senate cochair.
      4. If the House Cochair of the Legislative Council has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Council elect a cochair of the Legislative Council.
      5. If the House Co-vice Chair of the Legislative Council has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Council elect a co-vice chair of the Legislative Council.
  2. No member of the Legislative Joint Auditing Committee shall be a regular member of the Legislative Council, but may be a first or second alternate member of the Legislative Council.

History. Acts 1955, No. 105, §§ 2, 3; 1965, No. 411, § 1; 1967, No. 107, § 1; 1967, No. 147, §§ 1, 2; 1967, No. 353, § 1; A.S.A. 1947, §§ 4-617.1, 4-617.3, 4-702, 4-703; Acts 1987, No. 84, § 2; 1993, No. 542, § 2; 1995, No. 1350, § 3; 1995 (1st Ex. Sess.), No. 10 § 18; 1997, No. 147, § 8; 2001, No. 288, § 2; 2001, No. 466, § 1; 2003, No. 1002, § 1; 2003, No. 1091, § 2; 2005, No. 2201, § 1; 2007, No. 321, § 2; 2009, No. 248, § 2.

Publisher's Notes. Acts 1995, No. 1350 became law without the Governor's signature.

Amendments. The 2007 amendment added (a)(3)(D) and (E).

The 2009 amendment deleted former (b).

10-3-404. Tenure — Vacancies — Alternates.

  1. Tenure of membership and means of filling vacant positions for members of the House of Representatives shall be as prescribed by the Rules of the House of Representatives.
  2. Tenure of membership and the means of filling vacant positions for members of the Senate shall be as prescribed by the Rules of the Senate.

History. Acts 1955, No. 105, §§ 2, 3; 1967, No. 147, §§ 1, 2; 1967, No. 353, § 1; A.S.A. 1947, §§ 4-702, 4-703; Acts 1997, No. 1354, § 5; 2005, No. 2201, § 1.

10-3-405. Meetings.

  1. The Legislative Joint Auditing Committee shall meet upon call or announcement by either cochair or upon petition of ten (10) of the regular members of the Legislative Joint Auditing Committee.
    1. The official meeting place of the Legislative Joint Auditing Committee shall be in that portion of the State Capitol Building assigned to the General Assembly by § 10-3-1105.
    2. However, the Legislative Joint Auditing Committee may meet at any other designated place it may deem necessary to the carrying out of its official business.

History. Acts 1955, No. 105, § 5; A.S.A. 1947, § 4-705; Acts 2001, No. 466, § 2.

10-3-406. Meetings during legislative session.

  1. The Legislative Joint Auditing Committee is authorized to meet and transact its normal business during all legislative sessions as provided in this section.
    1. If members of the House of Representatives and members of the Senate each have selected their respective cochairs for the new biennial period, either cochair may call a meeting of the Legislative Joint Auditing Committee members during legislative sessions.
      1. If members of the House and members of the Senate each have not selected their respective cochairs for the new biennial period, meetings of the Legislative Joint Auditing Committee during the legislative session shall be called by either cochair of the Legislative Joint Auditing Committee, who shall be the person who served in this capacity prior to the commencement of the current General Assembly.
        1. The Legislative Joint Auditing Committee shall consist of the members of the General Assembly who served on the Legislative Joint Auditing Committee prior to the commencement of the current General Assembly.
        2. If any regular member of the Legislative Joint Auditing Committee is no longer serving in the General Assembly, then this vacancy shall be assumed by the first or second alternate as provided by law.
  2. In the meetings, primary consideration shall be given to matters that require immediate attention and that cannot wait until the conclusion of the legislative session.

History. Acts 1977, No. 371, §§ 1-3; A.S.A. 1947, §§ 4-705.1 — 4-705.3; Acts 2001, No. 466, § 3; 2005, No. 2201, § 2.

10-3-407. Duties — Cochairs.

  1. The duties of the Legislative Joint Auditing Committee shall be to provide for the auditing of any entity of the state or political subdivision of the state for the purpose of furnishing the General Assembly with information vital to the discharge of its constitutional duties.
    1. Immediately after its organization, the Legislative Joint Auditing Committee shall commence the performance of its duties herein prescribed.
    2. The Senate members of the Legislative Joint Auditing Committee shall select one (1) of their number as cochair and one (1) of their number as co-vice chair.
    3. The House members of the Legislative Joint Auditing Committee shall select one (1) of their number as cochair and one (1) of their number as co-vice chair.
    4. The Senate cochair shall appoint all Senate Legislative Joint Auditing Committee members to subcommittees of the Legislative Joint Auditing Committee, and the House cochair shall appoint all House Legislative Joint Auditing Committee members to subcommittees of the Legislative Joint Auditing Committee.
    5. The Senate cochair shall appoint a Senate Legislative Joint Auditing Committee member as cochair of each of the Legislative Joint Auditing Committee's subcommittees, and the House cochair shall appoint a House Legislative Joint Auditing Committee member as the cochair of each of the subcommittees of the Legislative Joint Auditing Committee.
    6. The Senate cochair and the House cochair shall alternate in presiding at meetings of the Legislative Joint Auditing Committee unless the cochairs otherwise agree.

History. Acts 1955, No. 105, § 4; A.S.A. 1947, § 4-704; Acts 2001, No. 466, § 4; 2005, No. 2201, § 3.

10-3-408. Rules.

The Legislative Joint Auditing Committee may establish any rules as it may deem fit which are not inconsistent with law.

History. Acts 1955, No. 105, § 6; A.S.A. 1947, § 4-706; Acts 2019, No. 315, § 744.

Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading and following “rules” in the text.

10-3-409. Compensation of Legislative Auditor and employees — Cooperation with Council of State Governments — Reimbursement.

    1. The Legislative Auditor shall be entitled to such salary as may be authorized by appropriation of the General Assembly.
    2. All other employees of the Legislative Joint Auditing Committee shall receive such remuneration as may be provided by the annual appropriations.
  1. The Legislative Joint Auditing Committee is authorized to cooperate with the Council of State Governments and with national and regional organizations established to study governmental problems and may authorize one (1) or more of its members to attend the meetings thereof which the Legislative Joint Auditing Committee deems appropriate. Any member of the Legislative Joint Auditing Committee attending the meetings shall be reimbursed only for actual and reasonable expenses for transportation, meals, lodging, and other necessary expenses.

History. Acts 1955, No. 105, § 7; 1963, No. 499, § 1; 1969, No. 139, § 2; 1975, No. 929, § 2; A.S.A. 1947, § 4-707; Acts 2015, No. 1150, § 3.

Amendments. The 2015 amendment substituted “annual” for “biennial” in (a)(2).

10-3-410. Abolishment or consolidation of agencies.

The Legislative Joint Auditing Committee is authorized to recommend to the General Assembly the abolishment or consolidation of any entity of the state which the Legislative Joint Auditing Committee deems appropriate as a result of its review of audits performed by its staff.

History. Acts 1981, No. 949, § 1; A.S.A. 1947, § 4-718; 2005, No. 2201, § 4.

Publisher's Notes. Acts 1981, No. 949 became law without the Governor's signature.

10-3-411. Investigation and audit of state or local entities — Subpoenas — Contempt.

    1. The Legislative Joint Auditing Committee has the authority to conduct investigations or audits pertaining to the affairs of any entity of the state or political subdivision of the state whenever the Legislative Joint Auditing Committee determines that investigations are necessary to make a proper determination with respect to the operations of the entity of the state or political subdivision of the state or any agency or instrumentality of them, or of the collection, handling, administration, or expenditure of any public funds or assets allocated, received, managed, directed, handled, or disbursed by or on behalf of the entity.
      1. In addition, the Legislative Joint Auditing Committee has the authority to investigate documents, books, and records regarding receipt, expenditure, or disbursement of other funds if the Legislative Joint Auditing Committee or its executive committee determines that the investigation of the documents, books, and records is necessary to verify any audit of an entity of the state or a political subdivision of the state or to investigate misappropriation of other funds.
        1. Nothing in this section shall be construed as authorizing or permitting the release of information prohibited by law or not subject to public inspection under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other applicable law.
          1. All records, documents, correspondence, or other data of a person, foundation, nonprofit corporation, or any other entity holding other funds that would infringe upon the rights, privacy, or confidentiality of donors of private funds to the person, foundation, nonprofit corporation, or other entity are exempt from public disclosure.
          2. Any working papers or other data relating to the donor information examined by the Legislative Auditor under this chapter are confidential and exempt from public disclosure.
      1. In connection with investigations or audits, the Legislative Joint Auditing Committee has the authority to examine any or all books, records, or any other data or systems relative to the investigation or audit, confidential or otherwise, irrespective of the custodian or location of the records.
      2. However, in the investigation of documents, books, and records regarding receipt, expenditure, or disbursement of other funds, the Legislative Joint Auditing Committee or its executive committee must approve the Legislative Auditor's determination that the investigation of the documents, books, and records is necessary to verify any audit of an entity of the state or a political subdivision of the state or to investigate misappropriation of other funds.
    1. Any member of the General Assembly, by written request filed with the Legislative Joint Auditing Committee at least six (6) days prior to any regular or special meeting of the Legislative Joint Auditing Committee, may request an investigation or audit of any entity for which the Legislative Joint Auditing Committee and Arkansas Legislative Audit has the authority to audit.
    2. Upon the vote of the majority of the membership of the Legislative Joint Auditing Committee approving the request, the Legislative Auditor shall conduct the investigation or audit.
  1. In connection with any investigations or audits, the Legislative Joint Auditing Committee has the right and power to subpoena witnesses and to issue subpoenas duces tecum.
  2. All subpoenas shall be issued by either cochair of the Legislative Joint Auditing Committee, or by either co-vice chair acting in the absence of either cochair, after the issuance of the subpoenas has been approved by a majority vote of the membership of the Legislative Joint Auditing Committee at a duly called meeting with all members of the Legislative Joint Auditing Committee having received no fewer than six (6) days' advance notice of the meeting.
    1. The reasons for, and purposes of, the proposed subpoena or subpoenas, including the names of the persons or the nature and identification of all books, records, and documents for which subpoenas are being considered, shall be furnished in writing to the members of the Legislative Joint Auditing Committee in the notice mailed to the members not less than six (6) days in advance of the meeting at which the question of issuing the subpoenas is to be considered.
    2. No subpoenas shall be issued under the provisions of this section until such time as any individual or the individual holding the books, records, or documents sought by the Legislative Joint Auditing Committee has received a formal written invitation to appear before the Legislative Joint Auditing Committee by certified registered mail at least thirty (30) days prior to a regular or special meeting of the Legislative Joint Auditing Committee and that individual has failed or refused to appear before the Legislative Joint Auditing Committee at the meeting.
  3. The cochairs and the co-vice chairs of the Legislative Joint Auditing Committee are authorized to administer oaths.
      1. Subpoenas issued by the Legislative Joint Auditing Committee shall be served by the sheriff of the county in which the person, books, records, or documents subpoenaed are located.
      2. The sheriff shall be entitled to the same fees for the service of process as provided by law for service of process issued by the circuit court.
    1. The Legislative Joint Auditing Committee at its option may direct the Division of Arkansas State Police to serve any subpoena.
  4. Witnesses subpoenaed to appear before the Legislative Joint Auditing Committee shall be entitled to witness fees and travel allowances at the same rate as provided by law for witnesses subpoenaed to appear in civil actions in circuit court.
  5. The fees for the serving of subpoenas and all witness fees and travel allowances shall be paid from funds appropriated for the maintenance and operation of the Legislative Joint Auditing Committee.
    1. If any person subpoenaed to appear before the Legislative Joint Auditing Committee shall fail to appear or to produce books, documents, or records subpoenaed by the Legislative Joint Auditing Committee, the fact shall be certified to the circuit court of the county in which the hearing is held.
    2. The court shall punish the person for contempt of the General Assembly in the same manner as punishment for contempt is imposed for failure to respond to a subpoena or directive of the court.
      1. It is the intent of this section to authorize the Legislative Joint Auditing Committee to:
        1. Issue subpoenas;
        2. Compel the attendance of witnesses;
        3. Administer oaths when necessary; and
        4. Make full investigations or determinations whenever the Legislative Joint Auditing Committee determines:
          1. They are necessary with respect to the affairs of any entity of the state or political subdivision of the state; and
          2. Investigations are necessary to discharge its duties.
      2. It is not the intent of this section to repeal, reduce, or diminish the authority vested by law in the Legislative Auditor to issue subpoenas whenever the Legislative Auditor determines that they are necessary to assist the Legislative Auditor or the staff of the Legislative Auditor in making a complete audit.
    1. This section shall be cumulative to Acts 1955, No. 105, and all laws amendatory to that act.

History. Acts 1973, No. 662, §§ 1, 2; A.S.A. 1947, §§ 4-709, 4-709n; Acts 2001, No. 466, §§ 5, 6; 2005, No. 2201, § 5; 2015, No. 554, § 3.

Publisher's Notes. Acts 1955, No. 105, referred to in this section, is codified as §§ 10-3-40110-3-405, 10-3-40710-3-409, and 10-4-10110-4-116 [repealed].

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (b)(1).

Cross References. Contempt of court, § 16-10-108.

Fees of sheriffs, § 21-6-307.

Witness fees, § 16-43-801.

10-3-412 — 10-3-420. [Reserved.]

Publisher's Notes. This section, concerning the creation of the Federal Audit Subcommittee, was repealed by Acts 2001, No. 466, § 7. The section was derived from Acts 1981, No. 988, § 1; A.S.A. 1947, § 4-719.

10-3-422 — 10-3-424. [Repealed.]

Publisher's Notes. These sections, concerning state agency requests for federal audits, were repealed by Acts 2005, No. 2201, § 6. They were derived from the following sources:

10-3-422. Acts 1981, No. 988, § 2; A.S.A. 1947, § 4-720.

10-3-423. Acts 1981, No. 988, § 3; A.S.A. 1947, § 4-721.

10-3-424. Acts 1981, No. 988, § 4; A.S.A. 1947, § 4-722.

Subchapter 5 — Joint Budget Committee

A.C.R.C. Notes. Acts 1995 (1st Ex. Sess.), No. 10, § 16, provided:

“Nothing in this act shall affect any statutorily created subcommittee of a joint interim committee.”

Effective Dates. Acts 1981, No. 939, § 3: became law without Governor's signature, Apr. 8, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that an enlarged Joint Budget Committee is necessary to provide for proper consideration of appropriation bills and budget proposals submitted for consideration by the General Assembly, and the immediate passage of this act is necessary in order that the Senate and the House of Representatives of the Seventy-Third General Assembly may select the members of the Joint Budget Committee to serve at the next following Regular Session of the General Assembly, and to authorize the members of the Joint Budget Committee to attend the pre-session budget hearings of the Legislative Council held prior to the convening of the Regular Session of the Seventy-Fourth General Assembly. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 224, § 5: Feb. 28, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that important decisions affecting budgets vital to essential programs of government are yet to be dealt with by this Regular Session; that clarification of the membership of the Joint Budget Committee is essential to the efficient operation of said committee for the remainder of this 75th Session of the General Assembly, and at future legislative sessions, and that the immediate passage of this act is necessary to accomplish such clarification in order to expedite the business of this Regular Session of the General Assembly. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 832, § 7: Mar. 27, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present composition of the Joint Budget Committee is in immediate need of change; this act so provides; and that this act shall go into effect immediately in order to change the membership of the Joint Budget Committee prior to the adjournment of this regular session. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 542, § 7: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act affects the method of selection of members of the House of Representatives to the Legislative Council, Legislative Joint Auditing Committee and the Joint Budget Committee; and that this act is immediately necessary to provide for the proper selection of such members during the Seventy-Ninth General Assembly. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1312, § 36: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, Sections 9 as added by House Amendment 1, 12 as added by House Amendment 4, and 15 through 19 as added by House Amendment 10 shall be in full force and effect from and after the date of passage and approval and the remainder of the act shall be in full force and effect from and after July 1, 1995.”

Acts 1995 (1st Ex. Sess.), No. 10, § 24: Oct. 23, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current law relating to the operation of interim committees of the General Assembly unduly restricts the interim work of the General Assembly by authorizing committees to meet only as joint committees of the House of Representatives and the Senate; that in order to enable the Senate and House of Representatives to efficiently and effectively perform their interim duties, it is necessary that the interim committees of each house be authorized to meet either jointly or separately and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1285, § 32: Approved April 9, 1997: Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety Section 10 of this act shall be in full force and effect from and after the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 10 shall become effective on the expiration of the period of time during which the governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 10 shall become effective on the date the last house overrides the veto. The remaining sections of this act shall become effective from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 221, § 7: Feb. 13, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that the current incremental line-item system of budgeting is ineffective in evaluating agency performance; that to implement a replacement system in a reasonable time is a difficult task and that to delay the implementation could cause the inability to meet critical deadlines. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2100, § 22: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

10-3-501. Act supplemental.

This act is supplemental to the existing laws of this state pertaining to the selection of members of the Joint Budget Committee and shall modify only those portions of such laws or parts of laws as are specifically in conflict herewith.

History. Acts 1985, No. 224, § 4; A.S.A. 1947, § 4-304.7.

Meaning of “this act”. Acts 1985, No. 224, codified as §§ 10-3-501 and 10-3-502.

10-3-502. Membership.

      1. The Joint Budget Committee shall consist of:
        1. The current cochairs of the Legislative Council;
        2. The immediate past cochairs of the Legislative Council;
        3. The current cochairs of the Legislative Joint Auditing Committee;
        4. The immediate past cochairs of the Legislative Joint Auditing Committee;
        5. Twenty-four (24) members and eight (8) alternate members of the House of Representatives; and
        6. Twenty-four (24) members of the Senate.
      2. If the immediate past House Cochair of the Legislative Council is not a member of the House, the Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past House cochair.
      3. If the immediate past Senate Cochair of the Legislative Council is not a member of the Senate, the President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past Senate cochair.
      4. If the immediate past House Cochair of the Legislative Joint Auditing Committee is not a member of the House, the Speaker of the House of Representatives may appoint a member of the House to serve in the stead of the immediate past House cochair.
      5. If the immediate past Senate Cochair of the Legislative Joint Auditing Committee is not a member of the Senate, the President Pro Tempore of the Senate may appoint a member of the Senate to serve in the stead of the immediate past Senate cochair.
      6. If the House Cochair of the Legislative Council has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Council elect a cochair of the Legislative Council.
      7. If the House Cochair of the Legislative Joint Auditing Committee has not been elected, the Speaker of the House of Representatives may appoint a member of the House to serve until the House members of the Legislative Joint Auditing Committee elect a cochair of the Legislative Joint Auditing Committee.
    1. The Senate Vice Chair of the Joint Budget Committee shall be selected in the same manner as the Senate Vice Chair of the Legislative Joint Auditing Committee.
    1. The House shall select the members and their alternates in accordance with the procedure prescribed by the Rules of the House of Representatives.
    2. The first alternate members shall also be nonvoting members of the Joint Budget Committee and shall be entitled to receive per diem and mileage for attending meetings of the Joint Budget Committee.
    3. First alternate members of the Joint Budget Committee shall have a vote in matters before the Joint Budget Committee if a regular member whom the first alternate represents is not in attendance.
    4. Second alternate members of the Joint Budget Committee shall have a vote in matters before the Joint Budget Committee if a regular member and a first alternate member whom the second alternate represents are not in attendance.
    1. The Senate members of the Joint Budget Committee shall be selected in accordance with procedures prescribed by the Rules of the Senate.
    2. One (1) Senate alternate member shall be selected from each congressional district.
    3. Alternate members shall also be nonvoting members of the Joint Budget Committee and shall be entitled to receive per diem and mileage for attending meetings of the Joint Budget Committee.
    4. First alternate members attending as nonvoting members of the Joint Budget Committee shall receive per diem and mileage to be paid in the same manner and from the same source as regular members of the Joint Budget Committee.
  1. The chairs of the Personnel Subcommittee of the Legislative Council, the Review Subcommittee of the Legislative Council, the Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council, and the Claims Subcommittee of the Legislative Council shall serve as ex officio nonvoting members of the corresponding Joint Budget Committee subcommittees.

History. Acts 1979, No. 157, § 1; 1981, No. 939, § 1; 1985, No. 224, § 1; A.S.A. 1947, §§ 4-304, 4-304.5; Acts 1991, No. 832, § 1; 1993, No. 393, § 1; 1993, No. 542, § 3; 1995, No. 1312, § 19; 1995, No. 1350, § 4; 1995 (1st Ex. Sess.), No. 10, § 19; 1997, No. 1285, § 22; 2003, No. 1002, § 2; 2003, No. 1083, § 1; 2003, No. 1091, §§ 3, 4; 2005, No. 2100, § 16; 2007, No. 321, § 3.

A.C.R.C. Notes. The version of this section as amended by Acts 1991, No. 295, § 1, was repealed by Acts 1993, No. 517, § 6. This section, as amended by Acts 1991, No. 295, § 1, read as follows:

“In each biennial session of the General Assembly there shall be a Joint Budget Committee of the General Assembly which shall be composed of twenty-four (24) members, twelve (12) of whom shall be members of the Arkansas Senate and twelve (12) of whom shall be members of the House of Representatives. There shall be one (1) alternate member for each member. The Senate members and the House members and their alternates shall be selected in the manner provided in §§ 10-3-503 and 10-3-504.”

Amendments. The 2007 amendment added (a)(1)(F) and (G).

10-3-503, 10-3-504. [Repealed.]

Publisher's Notes. These sections, concerning Senate members and House members of the Joint Budget Committee and the Speaker-designate of the House of Representatives, were repealed by Acts 1993, No. 517, § 6. They were derived from the following sources:

10-3-503. Acts 1985, No. 224, § 2; A.S.A. 1947, § 4-304.6; Acts 1991, No. 295, § 4.

10-3-504. Acts 1981, No. 975, §§ 1-3; 1983, No. 18, § 1; A.S.A. 1947, §§ 4-304.2—4-304.4; Acts 1989, No. 48, § 1; 1991, No. 295, § 2; 1991, No. 419, §§ 1 and 2; 1991, No. 420, § 1.

10-3-505. [Repealed.]

Publisher's Notes. This section, concerning vacancies in Senate positions, was repealed by Acts 1991, No. 832, § 3. The section was derived from Acts 1985, No. 224, § 2; A.S.A. 1947, § 4-304.6.

Because of some uncertainty as to the legal effect of Acts 1991, No. 832, this section was also repealed by Acts 1993, No. 517, § 6.

10-3-506. [Repealed.]

Publisher's Notes. This section, concerning vacancies in House positions, was repealed by Acts 1993, No. 517, § 6. The section was derived from Acts 1979, No. 157, § 1; 1981, No. 939, § 1; A.S.A. 1947, § 4-304; Acts 1991, No. 295, § 3.

10-3-507. Presession budget hearings.

  1. The members appointed to serve on the Joint Budget Committee at the next-following regular session of the General Assembly who are not members of the Legislative Council shall be privileged to attend all presession budget hearings of the Legislative Council held after the October 1 preceding the next regular session of the General Assembly.
  2. All such members of the Joint Budget Committee who are not regular members of the Legislative Council shall be given notice of all presession budget hearings scheduled by the Legislative Council and shall be privileged to attend the budget hearings and to participate therein and vote on budget recommendations the same as regular members of the Legislative Council.
  3. The members shall be entitled to receive per diem and mileage for attendance at such presession budget hearings of the Legislative Council at the same rates provided by law for attendance at meetings of the interim committees of the General Assembly, and payment therefor shall be made as follows:
    1. Regular members of the Legislative Joint Auditing Committee who are appointed to the Legislative Council shall receive per diem and mileage for attendance at Legislative Council presession budget hearings from funds appropriated for the Legislative Joint Auditing Committee;
    2. Members of either house of the General Assembly who are not regular members of the Legislative Council or regular members of the Legislative Joint Auditing Committee shall receive the per diem and mileage from funds appropriated for the payment of per diem and mileage for attendance at meetings of the interim committees of the General Assembly; and
    3. Members of the Legislative Council shall receive per diem and mileage from funds appropriated for the support of the Legislative Council.
  4. The House Chair of the Special Language Subcommittee of the Joint Budget Committee shall serve on the corresponding subcommittee of the Legislative Council and Joint Budget Committee presession budget hearings as an ex officio nonvoting member.

History. Acts 1979, No. 157, § 1; 1981, No. 939, § 1; A.S.A. 1947, § 4-304; Acts 1997, No. 1354, § 17; 2005, No. 2100, § 17.

10-3-508. Duties.

In addition to participation by members of the Joint Budget Committee in the presession budget hearings of the Legislative Council, as authorized in § 10-3-507, the Joint Budget Committee during a regular session, a fiscal session, and a special session of the General Assembly shall perform any duties as are provided by the Joint Rules of the House of Representatives and the Senate.

History. Acts 1979, No. 157, § 1; 1981, No. 939, § 1; A.S.A. 1947, § 4-304; Acts 2009, No. 962, § 19.

Amendments. The 2009 amendment substituted “Joint Budget Committee during a regular session, fiscal session, and a special session” for “Committee during regular and special sessions.”

10-3-509. Meeting during the interim.

  1. The House of Representatives members of the Joint Budget Committee shall serve as an interim committee to be known as the House Interim Budget Committee.
  2. The Joint Budget Committee and the House Interim Budget Committee shall be authorized to meet during the interim to work on budgetary and other matters as come before the Joint Budget Committee.
  3. The members of the Joint Budget Committee shall be paid per diem and mileage reimbursement from moneys appropriated for the payment of per diem and mileage for members of the General Assembly when attending meetings of interim committees.

History. Acts 1993, No. 1221, § 1; 1997, No. 1354, § 2; 2001, No. 221, § 5.

Subchapter 6 — Joint Committee on Legislative Printing Requirements and Specifications

Effective Dates. Acts 1967, No. 508, § 7: Apr. 4, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that in order for the General Assembly to properly perform its duties within the limited time of each Regular Session, adequate specifications and safeguards must be developed to assure the General Assembly of quality printing, with prompt performance under printing contracts, and that in order to establish procedures whereby adequate specifications and safeguards may be incorporated within future printing contracts for legislative requirements, the immediate passage of this act is necessary. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 16, § 5: Feb. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is immediately necessary to provide for the selection of co-chairmen of the Joint Committee on Legislative Printing Requirements and Specifications and that until this Act becomes effective the selection cannot occur. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-601. Intent.

It is the intent of this subchapter to establish procedures whereby the types of contracts to be let for legislative printing or duplicating requirements may be determined after study and review of the printing or duplicating needs of the General Assembly. Adequate specifications and safeguards may be established for such contracts in order that the State Procurement Director might be advised thereof in the letting of contracts for legislative printing or duplicating requirements.

History. Acts 1967, No. 508, § 4; 1975, No. 544, § 14; A.S.A. 1947, § 4-904; Acts 2019, No. 910, § 6061.

Amendments. The 2019 amendment deleted “of the Office of State Procurement of the Department of Finance and Administration” following “State Procurement Director” in the second sentence.

10-3-602. Creation — Composition.

There is established a joint interim committee of the General Assembly, consisting of the chair and vice chair of the respective efficiency committees of the House of Representatives and Senate, the Speaker of the House of Representatives or his or her designee, and the President Pro Tempore of the Senate, which committee shall be designated and be known as the “Joint Committee on Legislative Printing Requirements and Specifications”.

History. Acts 1967, No. 508, § 1; A.S.A. 1947, § 4-901; Acts 2009, No. 84, § 2.

Amendments. The 2009 amendment inserted “or his or her designee.”

10-3-603. Meetings — Officers — Compensation.

    1. The Joint Committee on Legislative Printing Requirements and Specifications shall meet subsequent to the adjournment of each regular session of the General Assembly, at a time to be determined jointly by the Speaker of the House of Representatives and the President Pro Tempore of the Senate, and shall select from its membership two (2) cochairs, one (1) cochair to be a member of the House of Representatives to be elected by the members of the Joint Committee on Legislative Printing Requirements and Specifications who are members of the House and one (1) cochair to be a Senator to be elected by the members of the Joint Committee on Legislative Printing Requirements and Specifications who are members of the Senate.
    2. The Joint Committee on Legislative Printing Requirements and Specifications may elect such other officers as it deems necessary for the performance of its duties.
    1. The two (2) cochairs shall preside at each meeting of the Joint Committee on Legislative Printing Requirements and Specifications or may rotate from meeting to meeting as presiding officers as they determine.
    2. A majority vote of the full membership of the Joint Committee on Legislative Printing Requirements and Specifications shall be necessary to take final action on any matter.
    3. The Joint Committee on Legislative Printing Requirements and Specifications may establish rules for its procedures and shall meet upon call of the cochairs thereof, upon call by a majority of its members, or at other intervals as may be established in its rules.
    1. Members of the Joint Committee on Legislative Printing Requirements and Specifications shall receive per diem for attending meetings of the Joint Committee on Legislative Printing Requirements and Specifications or other official business of the Joint Committee on Legislative Printing Requirements and Specifications at the rate provided by law for attendance by members of the General Assembly at meetings of interim committees and, in addition, shall receive mileage for travel in attending meetings or other official business of the Joint Committee on Legislative Printing Requirements and Specifications at the rate provided by law for state employees.
    2. Per diem and mileage of members of the Joint Committee on Legislative Printing Requirements and Specifications shall be paid from any appropriation made for paying per diem, expenses, and mileage of members of the interim committees.

History. Acts 1967, No. 508, § 2; A.S.A. 1947, § 4-902; Acts 1991, No. 16, § 1; 1997, No. 1354, § 18.

10-3-604. Duties.

It shall be the duty of the Joint Committee on Legislative Printing Requirements and Specifications to:

  1. Study and review all purchases by the General Assembly of printing and duplicating services and stationery;
  2. Designate those items which should be purchased under commercial term contracts awarded by the State Procurement Director, those items which should be purchased under one-time commercial contracts awarded by the director, and those items of printing or duplicating that can be best accomplished by facilities operated by the General Assembly or its staff or by another state agency and paid for on a cost basis through an intergovernmental transfer of funds;
  3. Promulgate standards, specifications, and rules governing the size, composition, and printing or duplicating processes that shall be used in furnishing printing or duplicating services for the General Assembly and certify the specifications and requirements to the director, who shall incorporate the specifications and requirements in contracts to be let for legislative printing needs;
  4. Establish requirements for the furnishing of bonds for performance under legislative printing or duplicating contracts, establish penalty provisions for failure to perform under the terms of the contracts, and establish procedures for the evaluation of performance under those contracts for the purpose of determining when the penalty provisions shall be invoked, and the amount thereof, in case of breach of contract or failures to fulfill contracts within the terms thereof;
  5. Make any additional rules or specifications and advise the director for incorporation in legislative printing or duplicating contracts as the Joint Committee on Legislative Printing Requirements and Specifications determines necessary in order that the efficiency of the General Assembly might be expedited.

History. Acts 1967, No. 508, § 3; 1975, No. 544, § 14; A.S.A. 1947, § 4-903; Acts 2019, No. 315, §§ 745, 746.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (3); and deleted “regulations” following “rules” in (5).

10-3-605. State Procurement Director — Contracts.

The State Procurement Director shall incorporate into all contracts for legislative printing or duplicating requirements the specifications, bond requirements, penalty provisions, and other requirements as may be certified to it by the Joint Committee on Legislative Printing Requirements and Specifications and shall let contracts for legislative printing or duplicating requirements in accordance therewith in the manner now established by law.

History. Acts 1967, No. 508, § 4; 1975, No. 544, § 14(B); A.S.A. 1947, § 4-904.

Subchapter 7 — Retirement Committees

Cross References. Public employees' retirement system, § 24-4-101 et seq.

Public employees' social security, § 24-1-201 et seq.

Effective Dates. Acts 1975, No. 289, § 2: Mar. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that each session of the General Assembly considers numerous bills proposing amendments, changes, or additions to the publicly supported retirement systems, and that due to the limitations of the time available during each Regular and Special Session, there are not sufficient opportunities to adequately study and review many aspects of the retirement systems that would be affected by such proposed legislation; and that the establishment of a Joint Interim Committee of the General Assembly to serve as an overview committee over the various retirement systems is essential to the proper functioning of the General Assembly; and that the immediate passage of this act is necessary in order to establish the Joint Interim Committee on Public Retirement and Social Security Programs in order that said committee may enter upon its duties immediately upon adjournment of the Seventieth Session of the General Assembly. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 964, § 3: became law without Governor's signature, Apr. 8, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the increased work load of the Joint Committee on Public Retirement and Social Security Programs makes it necessary to enlarge the membership of said committee in order to provide for larger participation of the members of the House and Senate in the decisions of said committee, and to provide for a more equitable distribution of the work load of said committee, and that the immediate passage of this act is necessary in order that the additional members of said Joint Committee may be appointed by the Speaker of the House of Representatives and the Committee on Committees of the Senate to serve during the remainder of the Regular Session of the Seventy-Third General Assembly, and as members of the Joint Interim Committee on Public Retirement and Social Security Programs for the interim between adjournment of the Seventy-Third General Assembly and the convening of the Seventy-Fourth General Assembly. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 517, § 10: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws concerning certain committees of the House of Representatives and the General Assembly are in need of clarification and revision for the efficient operation of the General Assembly and that this act is immediately necessary to assist the Seventy-Ninth General Assembly in carrying out its duties. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 139, § 5: Feb. 2, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Joint Committee on Public Retirement and Social Security Programs should be composed of an equal number of members in the Arkansas Senate and the Arkansas House of Representatives; that under present law there exist more House members than Senate members; and that this act equalizes the membership of that committee and should be given immediate effect in order to be applicable to the committee meetings of the legislative session now in progress. Therefore an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1130, § 5: Apr. 10, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Joint Committee on Public Retirement and Social Security Programs deals with very complicated and important issues relating to the various public retirement systems; that it is essential that new members appointed to serve on the committee at each regular session of the General Assembly have considerable knowledge concerning the various retirement systems in order to intelligently vote on legislation coming before the committee which may seriously affect the financial well-being of the systems; that with term limits the only practical way to enable future members of the committee to gain the knowledge and experience in retirement matters needed to serve as regular members of the committee is to permit interested House members to serve as non-voting members of the committee during the interim between sessions; and that this act is designed to permit such interim service and should be given effect immediately. Therefore an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 94, § 5: Feb. 5, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the method prescribed by law for selecting the House cochairman and House co-vice-chairman of the Joint Committee on Public Retirement and Social Security Programs violates the rules of the House of Representatives; that the selection of committee officers is an internal affair of the chamber which should be addressed by rule; that the conflicting statutory provision results in confusion and hampers the efficient operation of the House; that this act will eliminate the conflict and make the law compatible with the other laws relating to House committees; that clarification should be accomplished as soon as possible in order to minimize disruption of the operation of the committee during this regular session and hereafter. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 24, § 4: Jan. 29, 2003. Emergency clause provided: “It is found and determined by the General Assembly that the membership of the interim committees addressed by this act should be modified to reflect a better representation of the House and Senate; that this act accomplishes that purpose; that the committees identified by this act may commence meeting immediately upon adjournment of this session, and that unless this emergency clause is adopted, the modification of the membership will not occur for three months after the date of adjournment resulting in either obsolete membership for the first three months of the interim or a three-month delay in the committees commencing their work. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 237, § 2: Mar. 9, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the provisions of § 10-3-702(b)(4) and (5) are cumulative to other provisions of Arkansas law, namely §§ 24-1-104, 24-1-105, and 24-1-106, which prevent the enactment of a legislated benefit enhancement which would cause a retirement system's unfunded accrued actuarial liabilities to exceed a thirty-year amortization; and that the provisions of § 10-3-702(b)(4) constitute an impermissible attempt to dictate the procedural rules of the Eighty-Sixth General Assembly as well as any future General Assembly. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-3-701. Joint Committee on Public Retirement and Social Security Programs — Creation — Members.

  1. There is established a joint committee of the House of Representatives and the Senate to be known as the “Joint Committee on Public Retirement and Social Security Programs”, to consist of twenty (20) members.
    1. The ten (10) House members and ten (10) House alternates shall be selected as prescribed by the Rules of the House of Representatives.
    2. The House Cochair of the Joint Committee on Public Retirement and Social Security Programs and House Co-vice Chair of the Joint Committee on Public Retirement and Social Security Programs shall be selected in accordance with the Rules of the House of Representatives.
    3. In addition to the regular House members appointed under subdivision (b)(1) of this section, the Speaker of the House of Representatives shall appoint, during each regular session, one (1) additional House member from each caucus district to serve as a nonvoting member of the Joint Committee on Public Retirement and Social Security Programs only during the interim between sessions of the General Assembly.
    1. At the commencement of each regular session of the General Assembly, ten (10) members of the Senate shall be named pursuant to the Rules of the Senate to serve on the Joint Committee on Public Retirement and Social Security Programs. Vacancies shall be filled pursuant to the Rules of the Senate.
    2. Pursuant to the Rules of the Senate, one (1) Senate member of the Joint Committee on Public Retirement and Social Security Programs shall be designated to serve as Senate Cochair of the Joint Committee on Public Retirement and Social Security Programs and one (1) Senate member shall be designated to serve as Senate Co-vice Chair of the Joint Committee on Public Retirement and Social Security Programs.

History. Acts 1975, No. 289, § 1; 1981, No. 964, § 1; A.S.A. 1947, § 4-1101; Acts 1992 (1st Ex. Sess.), No. 30, § 1; 1993, No. 517, § 1; 1995, No. 139, § 1; 1995, No. 1130, § 1; 1997, No. 94, § 1; 2001, No. 627, § 2; 2003, No. 24, § 1.

10-3-702. Bills referred to Joint Committee on Public Retirement and Social Security Programs — Fiscal note.

  1. All bills introduced in either house of the General Assembly to amend any of the existing publicly supported retirement systems laws of this state or to establish new or expanded public retirement or social security programs shall be referred to the Joint Committee on Public Retirement and Social Security Programs.
    1. The Joint Committee on Public Retirement and Social Security Programs shall cause a fiscal note to be prepared and attached to each bill reflecting estimated cost or fiscal impact of the bill upon the revenues of the State of Arkansas and its various agencies and upon the actuarial soundness of the retirement systems.
      1. In connection with the preparation of the fiscal notes, the Joint Committee on Public Retirement and Social Security Programs is authorized to request the respective retirement systems to review proposed retirement bills and to furnish the Joint Committee on Public Retirement and Social Security Programs with an evaluation thereof in writing.
      2. If the Joint Committee on Public Retirement and Social Security Programs deems it necessary, the services of actuaries may be obtained in evaluating the respective bills, provided that funds have been provided for that purpose.
      1. No bill amending an existing publicly supported retirement system by increasing the multiplier, changing terms of or allowing the purchase of credited service, shortening vesting periods or shortening the years of service required for standard retirement without penalty, or which would establish a new or expanded public retirement program, shall be acted upon in either house until the fiscal note provided for in subsection (a) of this section has been attached to the bill, two-thirds (2/3) of the Joint Committee on Public Retirement and Social Security Programs has recommended the passage of the bill, and the Joint Committee on Public Retirement and Social Security Programs has reported its recommendations in regard to the bill.
      2. However, upon suspension of the Joint Rules of the House of Representatives and the Senate, a retirement system bill may be withdrawn from further consideration by the Joint Committee on Public Retirement and Social Security Programs and may be acted upon without a report of the Joint Committee on Public Retirement and Social Security Programs being attached thereto.

History. Acts 1975, No. 289, § 1; A.S.A. 1947, § 4-1102; Acts 1995, No. 883, § 1; 1997, No. 93, § 1; 2007, No. 237, § 1.

Amendments. The 2007 amendment deleted (b)(4) and (b)(5).

Cross References. Fiscal impact statements, § 10-2-114.

10-3-703. Joint Interim Committee on Public Retirement and Social Security Programs — Members — Duties.

  1. Upon adjournment of each regular session, fiscal session, and special session of the General Assembly, the Joint Committee on Public Retirement and Social Security Programs is designated and constituted as a joint interim committee of the General Assembly to be known as the “Joint Interim Committee on Public Retirement and Social Security Programs”.
  2. The Joint Interim Committee on Public Retirement and Social Security Programs shall consist of the members appointed to the Joint Committee on Public Retirement and Social Security Programs during each regular session of the General Assembly, and they shall serve thereon until the next following regular session, at which time all members shall be appointed in the manner provided in § 10-3-701.
  3. The Joint Interim Committee on Public Retirement and Social Security Programs shall make continuing review of the statistics, actuarial solvency, adequacy of benefits, and all other aspects of the publicly supported retirement systems of this state. The Joint Interim Committee on Public Retirement and Social Security Programs shall also study and review all proposals for changes or amendments to any of the existing public retirement laws or for the creation of new or expanded public retirement systems and shall report its findings and recommendations to each session of the General Assembly in regard to each such proposal. Any member of the General Assembly, the boards of trustees and administrators of the publicly supported retirement systems of this state, and any member of any system may present information and request the review by the Joint Interim Committee on Public Retirement and Social Security Programs of proposed changes in the various retirement systems.
  4. The Joint Interim Committee on Public Retirement and Social Security Programs shall periodically report to the Legislative Council on the status of its studies and findings. The Joint Interim Committee on Public Retirement and Social Security Programs shall undertake such special studies as may be referred to the Joint Interim Committee on Public Retirement and Social Security Programs by the Legislative Council and report to the Legislative Council in regard thereto.
  5. In the event a vacancy occurs on the Joint Interim Committee on Public Retirement and Social Security Programs, the vacancy shall be filled in the same manner as provided in subsection (b) of this section for the original appointment.

History. Acts 1975, No. 289, § 1; A.S.A. 1947, § 4-1103; Acts 2009, No. 962, § 20.

Amendments. The 2009 amendment substituted “regular session, fiscal session, and special session” for “regular and special session” in (a).

Subchapter 8 — Energy Committees

Preambles. Acts 1979, No. 8 contained a preamble which read:

“Whereas, this nation is facing a severe energy crisis due to the decline of worldwide supplies of petroleum and natural gas; and

“Whereas, Arkansas has long enjoyed limited supplies of natural gas and petroleum, but these reserves are rapidly being depleted and Arkansas, as well as the nation, will be facing an increasing energy problem; and

“Whereas, it is in the public interest that the General Assembly cooperate with the Governor, the appropriate administrative agencies of this state, and appropriate state and federal agencies and the Congress in making continual review of the energy problems and needs, and to explore means by which this state can participate with other states and the federal government in resolving energy problems;

“Now therefore….”

Effective Dates. Acts 1979, No. 8, § 7: Jan. 30, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is a nationwide energy crisis which threatens the economy of this state and of the nation, and poses an immediate and future peril to the health, safety, and welfare of the people of this state, and immediate steps are needed to coordinate the research, planning, and consideration of energy problems and the development of comprehensive and meaningful legislation to deal with these problems, and that the immediate passage of this act is necessary to enable the Seventy-Second General Assembly to establish a standing committee which will make studies, not only during Regular Sessions of the General Assembly, but in the interim period between Legislative Sessions designed to keep the General Assembly of this state fully in contact with the development of meaningful solutions to the energy problems, and in the development of legislation to carry out such solutions. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 15, § 5: Feb. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is immediately necessary to provide for the appointment of alternate members of the Joint Committee on Energy and that until this Act becomes effective such appointments cannot be made. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 517, § 10: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws concerning certain committees of the House of Representatives and the General Assembly are in need of clarification and revision for the efficient operation of the General Assembly and that this act is immediately necessary to assist the Seventy-Ninth General Assembly in carrying out its duties. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 24, § 4: Jan. 29, 2003. Emergency clause provided: “It is found and determined by the General Assembly that the membership of the interim committees addressed by this act should be modified to reflect a better representation of the House and Senate; that this act accomplishes that purpose; that the committees identified by this act may commence meeting immediately upon adjournment of this session, and that unless this emergency clause is adopted, the modification of the membership will not occur for three months after the date of adjournment resulting in either obsolete membership for the first three months of the interim or a three-month delay in the committees commencing their work. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 380, § 3: Mar. 17, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Senate Rules adopted for the Eighty-fourth General Assembly provide for ten (10) Senate members on the Joint Committee on Energy and ten (10) Senate members on the Joint Performance Review Committee; that the statutes relating to those committees indicate seven (7) Senate members on each committee; that the statutes further provide that the Senate members are selected according to Senate Rules; that until the statutes are amended, there will be a conflict between the Senate Rules and the statutes; and that it is imperative that the Senate Rules and the statutes not be in conflict. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

10-3-801. Subchapter supplemental.

The provisions of this subchapter shall be in addition and supplemental to the laws of this state and the Rules of the House of Representatives and the Rules of the Senate pertaining to the standing and interim committees of the General Assembly and of the House of Representatives and Senate.

History. Acts 1979, No. 8, § 6; A.S.A. 1947, § 4-1205n.

10-3-802. Joint Committee on Energy — Membership — Cochairs.

  1. There is created a joint standing committee of the House of Representatives and the Senate to be known as the “Joint Committee on Energy”.
    1. The Joint Committee on Energy shall be a select committee of the House of Representatives and Senate whose members shall be chosen as follows:
        1. Ten (10) members of the Senate to be named pursuant to the Rules of the Senate.
        2. Each Senate member is authorized to appoint a member of the Senate to serve as his or her alternate on the Joint Committee on Energy; and
        1. Fifteen (15) members of the House of Representatives to be selected as prescribed by the Rules of the House of Representatives.
        2. One (1) alternate member for each of the fifteen (15) House members shall be selected as prescribed by the Rules of the House of Representatives.
    2. Senate members and alternate Senate members of the Joint Committee on Energy shall be appointed at each regular biennial session of the General Assembly and shall serve until the convening of the next regular session of the General Assembly.
  2. Members appointed to the Joint Committee on Energy shall serve on the Joint Committee on Energy in addition to their service on the regular standing and select committees of the Senate.
      1. One (1) of the Senate members of the Joint Committee on Energy shall be designated pursuant to the Rules of the Senate to serve as the Senate Cochair of the Joint Committee on Energy.
      2. The Speaker of the House of Representatives shall designate two (2) of the House members appointed to the Joint Committee on Energy to serve as the House Cochair of the Joint Committee on Energy and the House Co-vice Chair of the Joint Committee on Energy.
    1. The cochairs of the Joint Committee on Energy shall preside at alternate meetings of the Joint Committee on Energy unless the cochairs shall agree otherwise.

History. Acts 1979, No. 8, §§ 1, 2; A.S.A. 1947, §§ 4-1201, 4-1202; Acts 1991, No. 15, § 1; 1991, No. 995, § 2; 1992 (1st Ex. Sess.), No. 32, § 1; 1993, No. 517, § 2; 1995, No. 1330, § 1; 2001, No. 627, § 3; 2003, No. 24, § 2; 2003, No. 380, § 1; 2003, No. 1473, § 19.

10-3-803. Duties of Joint Committee on Energy.

Bills pertaining to energy sources, supplies, needs, and problems shall be referred to the Joint Committee on Energy. In addition, the Joint Committee on Energy shall make continuing studies and shall cooperate with the appropriate agencies of this state, agencies of the United States Government, and the Congress of the United States in the exchange and dissemination of information and in the development of legislation, designed to promote the conservation and efficient utilization of existing energy sources, and in developing new energy sources to meet the needs of this and future generations.

History. Acts 1979, No. 8, § 2; A.S.A. 1947, § 4-1202.

10-3-804 — 10-3-819. [Reserved.]

  1. The members of the House of Representatives and the Senate appointed at each regular session of the General Assembly to the Joint Committee on Energy shall constitute a joint interim committee of the General Assembly to function in the interim between the sine die adjournment or extended recess of the regular session or fiscal session of each General Assembly until the convening of the next regular session or fiscal session of the General Assembly or reconvening of the current General Assembly during an extended recess. This joint interim committee shall be known as the “Joint Interim Committee on Energy” and shall function in addition to the other interim committees of the General Assembly established by law. In the event a vacancy shall occur on the Joint Interim Committee on Energy, the vacancy shall be filled in the same manner as provided for the initial appointment.
  2. The Joint Interim Committee on Energy shall make continuing studies of energy resources and problems, either initiated by the Joint Interim Committee on Energy or referred to it by either house of the General Assembly for study, in the interim between sessions of the General Assembly. Interim study proposals and resolutions filed with the Legislative Council under the provisions of § 10-3-214 for review and referral to the appropriate germane interim committee of the General Assembly, relating to energy, shall be referred to the Joint Interim Committee on Energy. The Joint Interim Committee on Energy shall undertake each study referred to it by members of the General Assembly or by the Legislative Council and shall submit a report of its findings and recommendations in regard to each study request prior to the convening of the next regular session of the General Assembly.
  3. In addition, the Joint Interim Committee on Energy shall exercise leadership in the interim between legislative sessions and shall attempt to coordinate the various energy activities, studies, and planning activities of the General Assembly which relate to the conservation, development, and use of energy resources for the various committees of the General Assembly.
  4. The Joint Interim Committee on Energy shall cooperate with the Governor, the appropriate administrative agencies of this state, legislative and administrative agencies of other states, and with the federal government, including participation in regional and national meetings and seminars of state and federal officials in the exchange of information and data on energy resources, supplies, reserves, and in the conservation, storage, and use of energy, including the disposal of energy waste and by-products.

History. Acts 1979, No. 8, § 3; A.S.A. 1947, § 4-1203; Acts 1997, No. 1354, § 19; 2009, No. 962, § 21.

Amendments. The 2009 amendment substituted “regular session or fiscal session” for “regular session” twice in the first sentence of (a).

10-3-821. Joint Interim Committee on Energy — Meetings — Cooperation with other states.

  1. The Joint Interim Committee on Energy shall meet upon call by either or both of the cochairs of the Joint Interim Committee on Energy, or at such other times as may be provided in the rules of the Joint Interim Committee on Energy, or upon written call by any five (5) of its members.
  2. The Joint Interim Committee on Energy shall cooperate with the Southwest Regional Energy Council, the Council of State Governments, the Southern Legislative Conference, the Southern States Energy Board, the National Conference of State Legislatures and its committees, and other appropriate conferences or associations of public officials concerned with the problems of energy for the purpose of coordinating the combined energy activities and resources of the legislative departments of the respective states in efforts to assist the Congress of the United States and the federal government in coordinating state and national programs for the conservation, preservation, and use of our energy resources.

History. Acts 1979, No. 8, § 5; A.S.A. 1947, § 4-1205.

10-3-822. Joint Interim Committee on Energy — Expenses — Staff.

  1. The per diem and mileage, including reimbursement for expenses for attending out-of-state meetings as provided by law, shall be paid from funds appropriated for per diem, mileage, and expenses of members of the General Assembly for attending interim committee meetings or from other funds provided by law for that purpose.
  2. The Bureau of Legislative Research shall furnish such staff assistance as may be requested by the Joint Interim Committee on Energy. The Arkansas Energy Office and all other appropriate state agencies shall be available to assist and advise the Joint Interim Committee on Energy on energy matters as may be requested by the Joint Interim Committee on Energy.

History. Acts 1979, No. 8, § 4; A.S.A. 1947, § 4-1204; Acts 1997, No. 1354, § 20.

Subchapter 9 — Joint Performance Review Committee

Effective Dates. Acts 1983, No. 798, § 3: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the membership of the Joint Performance Review Committee should be increased and such new members should assume duties upon adjournment of the General Assembly, and that unless this emergency clause is adopted the effective date of this act will be ninety (90) days subsequent to adjournment. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 517, § 10: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws concerning certain committees of the House of Representatives and the General Assembly are in need of clarification and revision for the efficient operation of the General Assembly and that this act is immediately necessary to assist the Seventy-Ninth General Assembly in carrying out its duties. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 24, § 4: Jan. 29, 2003. Emergency clause provided: “It is found and determined by the General Assembly that the membership of the interim committees addressed by this act should be modified to reflect a better representation of the House and Senate; that this act accomplishes that purpose; that the committees identified by this act may commence meeting immediately upon adjournment of this session, and that unless this emergency clause is adopted, the modification of the membership will not occur for three months after the date of adjournment resulting in either obsolete membership for the first three months of the interim or a three-month delay in the committees commencing their work. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 380, § 3: Mar. 17, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Senate Rules adopted for the Eighty-fourth General Assembly provide for ten (10) Senate members on the Joint Committee on Energy and ten (10) Senate members on the Joint Performance Review Committee; that the statutes relating to those committees indicate seven (7) Senate members on each committee; that the statutes further provide that the Senate members are selected according to Senate Rules; that until the statutes are amended, there will be a conflict between the Senate Rules and the statutes; and that it is imperative that the Senate Rules and the statutes not be in conflict. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-3-901. Creation — Members — Meetings — Expenses.

    1. There is hereby created the “Joint Performance Review Committee”, which shall consist of twenty (20) members of the House of Representatives to be selected as prescribed by the Rules of the House of Representatives and ten (10) members of the Senate to be appointed pursuant to the Rules of the Senate.
      1. There shall be a Senate cochair and a House cochair and a Senate co-vice chair and a House co-vice chair of the committee.
        1. The House cochair and House co-vice chair shall be selected according to the Rules of the House of Representatives.
        2. The Senate cochair and Senate co-vice chair shall be selected according to the Rules of the Senate.
    1. The House members of the committee and the Senate members of the committee may meet separately as separate committees of the House and Senate or may meet jointly as a joint committee at such times as to which the House and Senate membership agree to the holding of joint meetings.
    2. The committee may meet at such places within the state as it deems appropriate.
  1. At all joint meetings of the committee, a quorum shall consist of a majority of the Senate members of the committee and a majority of the House members of the committee.
  2. All votes taken at each joint meeting of the committee shall be by separate Senate vote and separate House vote, and no motion shall pass unless it receives a favorable vote of the majority of the members of the House committee and a favorable vote of the majority of the members of the Senate committee.
  3. Members of the committee shall be entitled to per diem and mileage at the rate provided by law to be paid from funds appropriated for payment of per diem and mileage for attendance at meetings of interim committees of the House and Senate.
      1. When meeting as a joint committee, the committee may subpoena persons, documents, and records upon approval of a majority of the House membership of the committee and a majority of the Senate membership of the committee.
      2. However, no action of the joint committee regarding the exercise of the subpoena power shall be taken except upon notice of at least one (1) week to all members of the committee or upon a two-thirds (2/3) vote of the House membership of the committee and a two-thirds (2/3) vote of the Senate membership of the committee.
      1. If the House members meet as a separate committee under subsection (b) of this section, the House committee may subpoena persons, documents, and records upon approval of a majority of the membership of the House committee.
      2. However, no action of the House committee regarding the exercise of the subpoena power shall be taken except upon notice of at least one (1) week to all members of the House committee or upon a two-thirds (2/3) vote of the membership of the House committee.
      1. If the Senate members meet as a separate committee under subsection (b) of this section, the Senate committee may subpoena persons, documents, and records upon approval of a majority of the membership of the Senate committee.
      2. However, no action of the Senate committee regarding the exercise of the subpoena power shall be taken except upon notice of at least one (1) week to all members of the Senate committee or upon a two-thirds (2/3) vote of the membership of the Senate committee.

History. Acts 1977, No. 392, §§ 1, 3; 1983, No. 798, § 1; A.S.A. 1947, §§ 4-1013, 4-1015, 4-1017; Acts 1992 (1st Ex. Sess.), No. 31, § 1; 1993, No. 517, § 3; 2001, No. 627, § 4; 2003, No. 24, § 3; 2003, No. 380, § 2; 2003, No. 1218, § 1.

10-3-902. Duties.

The Joint Performance Review Committee shall have the authority and responsibility to:

  1. Make random and periodic performance review of specific governmental programs and agencies;
  2. Conduct investigations into such specific problem areas of the administration of state government as may be brought to the attention of the Joint Performance Review Committee;
  3. Refer specific problems regarding the operation of state government to appropriate interim committees of the General Assembly for continuing study;
  4. Conduct hearings on citizen complaints and views regarding the operation of state government and serve as a forum for citizens to air their complaints and suggestions regarding the operation of state government;
  5. Review the expenditures of the various agencies, departments, and programs of state government to assure that they are being administered in accordance with legislative intent and are being administered in such manner as to provide the taxpayers with the greatest service at the lowest reasonable cost; and
  6. Make such reports and recommendations to the Governor, the General Assembly, and the Legislative Council as the Joint Performance Review Committee deems necessary or appropriate to promote more effective and efficient operation of state government.

History. Acts 1977, No. 392, § 2; A.S.A. 1947, § 4-1014; Acts 1997, No. 1354, § 21.

10-3-903. [Repealed.]

Publisher's Notes. This section, concerning employment of personnel, was repealed by Acts 2013, No. 1465, § 2. The section was derived from Acts 1977, No. 392, § 4; A.S.A. 1947, § 4-1016.

Subchapter 10 — Committees on Education

A.C.R.C. Notes. Acts 2007, No. 1600, § 1, provided:

“(a) The purpose of this act is to request that the House Interim Committee on Education and the Senate Interim Committee on Education study the requirements for obtaining a four-year degree in education in Arkansas.

“(b) The study shall look at degree programs at institutions of higher education in the state, the courses required for degree completion, the number of hours required for a secondary degree program, and the number of hours that are required to obtain an additional certificate to teach after the person has received his or her original certification.”

Preambles. Acts 1997, No. 748, contained a preamble which read:

“WHEREAS, the imposition of term limits on members of the General Assembly make it imperative that there occur a routine and continual dialogue between the members of the General Assembly and the executive branch bureaucracy; and

“WHEREAS, the funding and management of our public schools is a complicated and highly costly undertaking which necessitates a continual involvement by members of the General Assembly when not in session; and

“WHEREAS, the best method of keeping the membership of the General Assembly informed as to needs and problems of our public schools is for the House and Senate Interim Committees on Education to routinely and continually engage in a dialogue with the General Education Division of the Department of Education, the Vocational and Technical Education Division of the Department of Education, the Department of Higher Education and other state agencies which the committee deems appropriate.

“Now therefore… ”

Acts 2009, No. 964, contained a preamble which read:

“WHEREAS, in recent years, due to the rising costs of higher education, state-supported colleges anniversities in Arkansas have increased undergraduate tuition rates and fees by an average that is greater than the rate of inflation; and

“WHEREAS, higher education's growing reliance on funding budgets from tuition is causing an increasingly disproportionate financial burden on students and their families; and

“WHEREAS, a study is needed to identify the factors influencing the affordability of higher education in this state and to seek ways to address the rising cost of tuition, fees, and other student costs,

“Now therefore… ”

Effective Dates. Acts 1975 (Extended Sess., 1976), No. 1091, § 3: Jan. 30, 1976. Emergency clause provided: “It is hereby found and determined by the General Assembly that a state plan must be submitted to the United States Commissioner of Education not later than July 1, 1977, to be eligible for cost reimbursement under Section 842 of Pub. L. 93-380; and, that the immediate passage of this act is necessary to allow the Joint Interim Committee on Education as much time as possible to develop said plan and to receive reimbursement for the costs incurred in formulating, improving or implementing a state plan for a state program of financial assistance to local school districts which is designed to achieve equalization of educational opportunity for all children in attendance at the schools of the various school districts and such other purposes as the committee deems desirable. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 769, § 21: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1987, No. 872, § 3: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1091 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effect on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-1001. [Repealed.]

Publisher's Notes. This section, concerning federal aid for a state equalization plan, was repealed by Acts 2005, No. 2121, § 19. The section was derived from Acts 1975 (Extended Sess., 1976), No. 1091, § 1; A.S.A. 1947, § 4-1001.1; reen. Acts 1987, No. 872, § 1; Acts 1997, No. 112, § 25.

10-3-1002. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 337, supersedes the amendment of this section by Acts 2019, No. 315. Acts 2019, No. 315, amended subsection (c) to read as follows: “(c) The Legislative Council, the House Committee on Education, and the Senate Committee on Education are authorized to promulgate standard and uniform forms and rules to be followed by the various area vocational-technical schools in compiling and furnishing information required in this section.”

Publisher's Notes. This section, concerning annual evaluation of vocational-technical courses, was repealed by Acts 2019, No. 337, § 1, effective July 24, 2019. The section was derived from Acts 1981, No. 769, § 8; A.S.A. 1947, § 80-1661; Acts 2019, No. 315, § 747.

10-3-1003. Routine collaboration with Division of Elementary and Secondary Education, Division of Career and Technical Education, and Division of Higher Education.

  1. The House Committee on Education and the Senate Committee on Education between legislative sessions shall continually and routinely:
    1. Assess the needs and problems of:
      1. The public school districts of this state;
      2. Technical institutes and vocational-technical schools; and
      3. Institutions of higher education; and
    2. Engage in a constant dialogue with the:
      1. Division of Elementary and Secondary Education;
      2. Division of Career and Technical Education; and
      3. Division of Higher Education.
  2. In order to assist the General Assembly, the Division of Elementary and Secondary Education, the Division of Career and Technical Education, and the Division of Higher Education shall not only respond to the inquiries of the House Committee on Education and the Senate Committee on Education, but shall of their own motion alert the membership of the House Committee on Education and the Senate Committee on Education to problems and needs of, and recommendations concerning, all public education endeavors in Arkansas.

History. Acts 1997, No. 748, § 1; 1999, No. 1323, § 47; 2019, No. 910, § 2210.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”, “Division of Career and Technical Education” for “Department of Career Education”, and “Division of Higher Education” for “Department of Higher Education” in the section heading and throughout the section.

Subchapter 11 — Joint Interim Committee on Legislative Facilities

Effective Dates. Acts 1951, No. 131, § 2: Feb. 23, 1951. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of Arkansas that ample and continuously usable quarters are not available to the General Assembly, its members, agencies and committees, especially during that time that the General Assembly is not in session; that such should be available for such work and duties that might be authorized or carried on by its members, agencies or committees either during the official sessions of the General Assembly or ad interim. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1973, No. 572, § 5: Apr. 2, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that additional space for the committees of the General Assembly and legislative staff requirements is needed in the State Capitol Building for the efficient operation of the Senate and the House of Representatives of the General Assembly and the respective standing and joint ad interim committees thereof; that it is imperative that said space be provided for the efficient functioning of the joint interim committees of the General Assembly and that the same be available for the operation of the Senate and the House of Representatives upon convening of the next Regular Session of the General Assembly, and that the immediate passage of this act is necessary in order to provide the funds and to establish procedures to make available additional space for the General Assembly in the State Capitol Building, and to provide for the necessary repair, improvement and furnishing thereof. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 273, § 16: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1987, No. 968, § 4: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Joint Interim Committee on Legislative Facilities is charged with the responsibility of supervising the construction, improvement, and repair of legislative committee rooms and other legislative facilities in the State Capitol Building during the interim between legislative sessions; that Act 572 of 1973 contained provisions for service on said Committee by members of the General Assembly who no longer serve as members of the House or Senate, and that the immediate passage of this Act is necessary in order to revise the membership of the Joint Interim Committee on Legislative Facilities, in order that said members may be appointed and assume their duties immediately upon adjournment of the regular session of the Seventy-Sixth General Assembly. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1991, No. 969, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assemby for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1991, No. 1240, § 11: Jan. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent changes in federal law necessitate an immediate change in the method of reimbursing members of the General Assembly for legislative expenses; this Act grants the authority to the House and Senate to establish expense reimbursement procedures; and this should go into effect immediately in order to allow the House and Senate to comply with federal regulations as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1991.”

Acts 1993, No. 517, § 10: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws concerning certain committees of the House of Representatives and the General Assembly are in need of clarification and revision for the efficient operation of the General Assembly and that this act is immediately necessary to assist the Seventy-Ninth General Assembly in carrying out its duties. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 197, § 8: Mar. 27, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that previous General Assemblies have provided appropriations for the projects provided or enumerated in this act; that certain appropriations will expire before the adjournment of the General Assembly; and that if such appropriations expire, the projects and programs authorized herein will cease thereby depriving the citizens of the State of the benefits to be derived from such projects. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after March 27, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-1101. Creation — Members — Expenses.

  1. There is established a joint interim committee of the Senate and House of Representatives to be known as the “Joint Interim Committee on Legislative Facilities”, to consist of fourteen (14) members of the General Assembly as follows:
    1. The Chair of the House Joint Budget Committee;
    2. Two (2) members of the House of Representatives selected in accordance with the Rules of the House of Representatives;
    3. The Chair of the House Management Committee and two (2) additional members of the House Management Committee to be designated by its chair;
    4. The Speaker of the House of Representatives or his or her designee;
    5. The President Pro Tempore of the Senate;
    6. The Chair of the Senate Joint Budget Committee;
    7. One (1) member of the Senate appointed by the President Pro Tempore of the Senate; and
    8. Four (4) members of the Senate to be appointed by the Chair of the Senate Efficiency Committee.
    1. The members of the Joint Interim Committee on Legislative Facilities shall receive per diem at the rate provided by law for attendance by members of the General Assembly at meetings of interim committees for each day in attending meetings of the Joint Interim Committee on Legislative Facilities or performing other duties as authorized by the Joint Interim Committee on Legislative Facilities.
    2. In addition thereto, the Joint Interim Committee on Legislative Facilities shall receive mileage for travel from their homes to the State Capitol Building.

History. Acts 1973, No. 572, § 3; 1985, No. 273, § 7; A.S.A. 1947, § 4-141; Acts 1987, No. 968, § 1; 1991, No. 969, § 6; 1991, No. 1240, § 6; 1993, No. 517, § 4; 1993, No. 1272, § 2; 1997, No. 1354, § 22; 2009, No. 84, § 2.

Amendments. The 2009 amendment inserted “or his or her designee” in (a)(4).

10-3-1102. Officers — Meetings.

  1. The Joint Interim Committee on Legislative Facilities shall select from its membership two (2) cochairs, one (1) cochair to be a member of the House of Representatives to be elected by the members of the committee who are members of the House and one (1) cochair to be a Senator to be elected by the members of the Joint Interim Committee on Legislative Facilities who are members of the Senate. The Joint Interim Committee on Legislative Facilities may elect such other officers as it deems necessary for the performance of its duties.
  2. The two (2) cochairs shall preside at each meeting of the Joint Interim Committee on Legislative Facilities or may rotate from meeting to meeting as presiding officers, as they determine. A majority vote of the full membership of the Joint Interim Committee on Legislative Facilities shall be necessary to take final action on any matter. The Joint Interim Committee on Legislative Facilities may establish rules for its procedures and shall meet upon call of the cochairs thereof, upon call by a majority of its members, or at other intervals as may be established in its rules.
  3. The Director of the Bureau of Legislative Research shall serve as secretary to the Joint Interim Committee on Legislative Facilities, without a vote.

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141.

10-3-1103. When committee functions — Administrative responsibilities.

  1. The Joint Interim Committee on Legislative Facilities shall function during the interim between regular sessions, fiscal sessions, or special sessions of the General Assembly and may function, if necessary, while the General Assembly is in regular session, fiscal session, special session, or an extension of a regular session, fiscal session, or special session, for the purpose of discharging its duties under this subchapter.
  2. The Joint Interim Committee on Legislative Facilities shall administer all provisions of this subchapter relating to repairs, improvements, and furnishing of committee rooms and legislative facilities in the State Capitol Building, including, if necessary, the payment of rental required for the housing of state agencies moved from the State Capitol Building as a result of any project undertaken by the Joint Interim Committee on Legislative Facilities pursuant to the provisions of this subchapter until space for the agencies may be provided in other public facilities.

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 2009, No. 962, § 22.

Amendments. The 2009 amendment added the subsection designations; and in (a), inserted “sessions, fiscal sessions” following the first occurrence of “regular,” “session, fiscal” following the second occurrence of “regular,” and “fiscal” following the third occurrence of “regular.”

10-3-1104. Powers and duties.

  1. The Joint Interim Committee on Legislative Facilities shall review the existing usage of the space presently used by the General Assembly in the State Capitol Building and shall make such reallocations thereof or improvements thereto as in the judgment of the Joint Interim Committee on Legislative Facilities are necessary to serve the needs of the Senate and the House of Representatives, their respective standing committees, and the several interim committees of the General Assembly and legislative staff services.
  2. The Joint Interim Committee on Legislative Facilities may undertake any or all of the improvements contemplated in this subchapter after conferring with the Legislative Council, the agencies affected, and the Governor, giving due consideration to the needs and convenience of the several state agencies presently housed in the State Capitol Building in space to be converted to legislative use, and especially after considering the plans for providing space for the agencies in a state office building, and may undertake improvements as a single project or in a series of projects as the Joint Interim Committee on Legislative Facilities may determine to be in the best interest of the General Assembly.
  3. [Repealed.]

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 1997, No. 1354, § 23; 2013, No. 1465, § 3.

Publisher's Notes. Acts 1973, No. 572, § 1, referred to in this section was an appropriations provision.

Amendments. The 2013 amendment repealed subsection (c).

10-3-1105. Rooms in State Capitol Building assigned for use of General Assembly.

There is assigned in the State Capitol Building for the exclusive and continual use of the General Assembly, its members, its agencies, and its committees the three (3) rooms on the west wing of the third floor, these being rooms heretofore occupied by the Arkansas State History Museum.

History. Acts 1951, No. 131, § 1; A.S.A. 1947, § 4-117.

Cross References. Official meeting place, § 10-3-405.

10-3-1106. Additional legislative space.

In addition to the space now provided in the State Capitol Building for the General Assembly and its committees, the following additional space in the State Capitol Building is designated as legislative space if the Joint Interim Committee on Legislative Facilities determines that it is needed for legislative committee space or for other legislative facilities:

  1. The office space on the north wing of the first floor of the State Capitol Building currently used by the Office of State Procurement, the Division of Correction, the Department of Parks, Heritage, and Tourism, and the Department of Commerce;
  2. The office space on the west side of the first floor of the State Capitol Building presently used by the Arkansas Public Employees' Retirement System, which shall be made available to Arkansas Legislative Audit, or such other legislative uses as may be determined by the Joint Interim Committee on Legislative Facilities;
  3. The office space on the southeast wing of the first floor of the State Capitol Building presently assigned to the Accounting Division of the Department of Finance and Administration, and any other portion of the space assigned to the Department of Finance and Administration the Joint Interim Committee on Legislative Facilities determines is needed for legislative use;
  4. The office space on the southeast wing of the second floor of the State Capitol Building currently assigned for use by the Budget Division of the Department of Finance and Administration. The space now provided for the Arkansas Economic Development Commission on the southwest wing of the second floor of the State Capitol Building shall be made available for the Budget Division of the Department of Finance and Administration unless the director determines that the location of the Budget Division in some other facilities would be more advantageous to the agency;
  5. The former Supreme Court Chamber on the south end of the second floor of the State Capitol Building, to be air conditioned and serve as a large Senate committee room, but preserving the present decor of the chamber, i.e., changes contemplated involve only such things as air conditioning, carpeting, repainting, improved lighting, and installation of sound and recording equipment, and necessary committee tables and chairs, and other minor changes, essentially preserving the room in its present state; and
  6. The space presently assigned Arkansas Legislative Audit on the west portion of the fourth floor of the State Capitol Building shall be available for the Bureau of Legislative Research of the Legislative Council, Budget and Fiscal Review Section, or such other uses as determined by the Joint Interim Committee on Legislative Facilities.

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 1997, No. 540, § 13; 2015, No. 554, § 4; 2019, No. 910, § 5550.

Publisher's Notes. This section refers to the allocation of space to various governmental entities as they existed at the time of its enactment.

The Division of Purchasing probably refers to the Purchasing Division of the State Administration Department. Acts 1971, No. 38, § 5, in part, transferred the State Administration Department to the Department of Finance and Administration. Acts 1979, No. 482, § 13, created the Office of State Purchasing within the Department of Finance and Administration.

The Department of Commerce was abolished by Acts 1983, No. 691, § 1. That section further provided that the various departments, agencies, boards, commissions, programs, and services transferred to the Department of Commerce as enumerated in the act would be detached from the department and restored, as of July 1, 1983, to the status in which each such department, agency, etc., existed prior to the passage of Acts 1971, No. 38, or prior to its transfer to the Department of Commerce by acts subsequent to Acts 1971, No. 38. Acts 1983, No. 691, § 17, provided, in part, that any program, function, or duty then being performed by or within the Department of Commerce which was not specifically detached therefrom under the provisions of the act would be performed by the detached agency, department, board, or commission to which it was assigned within the Department of Commerce; if the program, function, or duty was not specifically assigned to an agency, department, board, or commission which was detached under the provisions of the act the Governor could, by proclamation, transfer and allocate the program, function, or duty to the appropriate state agency, as determined by the Governor, for its administration.

The Accounting Division of the Department of Finance and Administration referred to in subdivision (3) of this section, and the Budget Division of the Department of Finance and Administration referred to in subdivision (4) of this section, probably refer to the Budget and Accounting Division of the Department of Finance and Administration.

The director referred to in subdivision (4) is an apparent reference to the Director of the Department of Finance and Administration.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (2) and (6).

The 2019 amendment, in (1), substituted “Office of State Procurement” for “Division of Purchasing” and “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism”.

10-3-1107. Allocation of space for General Assembly — Furnishings.

  1. The Joint Interim Committee on Legislative Facilities shall determine the best and most efficient means of allocating the additional space in the State Capitol Building, as provided by this subchapter, to be used by the Senate and the House of Representatives and for providing space for staff for the General Assembly, for either house of the General Assembly, and interim committees thereof.
  2. The Joint Interim Committee on Legislative Facilities shall provide for supplying the furnishings for any additional space for use by the Senate and the House of Representatives pursuant to the provisions of this subchapter, provided that all furnishings shall be purchased in accordance with competitive bids awarded to the lowest responsible bidder, as required by the purchasing laws of this state.

History. Acts 1973, No. 572, § 4; A.S.A. 1947, § 4-142.

10-3-1108. Employment of architect.

The Joint Interim Committee on Legislative Facilities shall have the authority to employ an architect to prepare plans and specifications for the work to be done, to supervise the construction, and to furnish other architectural services which the Joint Interim Committee on Legislative Facilities may require in the performance of its duties, and for that purpose the Joint Interim Committee on Legislative Facilities may enter into contracts with the architect. The fee which may be paid the architect shall not exceed nine percent (9%) of the cost of the project. Any contract shall provide that the architect shall furnish without additional cost to the state such services as may be required in the performance of the work.

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141.

10-3-1109. Contracts.

    1. Construction work to be performed shall be under contract, to be awarded by the Joint Interim Committee on Legislative Facilities to the lowest responsible bidder, but the total cost of the project, including cost of publishing legal notices, payment of architect fees, payments to contractors, and all other expenses of whatever nature incident to and reasonably necessary in connection with the project shall not exceed the appropriation provided for it.
    2. All expenditures of funds shall be in strict compliance with the applicable provisions of the fiscal laws of this state pertaining to the expenditure of public funds and the state purchasing laws of this state.
    3. All contracts let under the provisions of this subchapter shall be subject to the approval of the Governor, the Auditor of State, and the Treasurer of State, as provided in Arkansas Constitution, Article 19, Section 15 [repealed].
  1. All actions by the Joint Interim Committee on Legislative Facilities in relation to the work to be performed under contracts shall be in strict compliance with the applicable provisions of §§ 22-9-202 — 22-9-204.
  2. All payments to contractors under contracts let under the provisions of this subchapter shall be made only after the approval of the amounts thereof by the architect.
  3. All contracts which the Joint Interim Committee on Legislative Facilities proposes to enter into shall be subject to the approval as to form only by the Attorney General.

History. Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141; Acts 1987, No. 968, § 2.

Publisher's Notes. Ark. Const., Art. 19, § 15, referred to in (a)(3), was repealed by Ark. Const. Amend. 54, § 2.

10-3-1110. [Repealed.]

Publisher's Notes. This section, concerning disbursing agent, was repealed by Acts 2013, No. 1465, § 4. The section was derived from Acts 1973, No. 572, § 3; A.S.A. 1947, § 4-141.

10-3-1111. Disbursing officer.

The Director of the Bureau of Legislative Research shall be the disbursing officer for the funds appropriated to the Joint Interim Committee on Legislative Facilities, and all disbursements shall be upon the direction or authorization of the Joint Interim Committee on Legislative Facilities.

History. Acts 1997, No. 197, § 2.

Subchapter 12 — Arkansas Communications Study Committee

10-3-1201 — 10-3-1205. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Communications Study Committee, was repealed by Acts 1997, No. 914, § 26. The subchapter was derived from the following sources:

10-3-1201. Acts 1975, No. 326, § 1; 1977, No. 884, § 19; A.S.A. 1947, § 5-1418.

10-3-1202. Acts 1975, No. 326, § 3; 1975 (Extended Sess., 1976), No. 1059, § 1; 1977, No. 884, § 21; A.S.A. 1947, § 5-1420.

10-3-1203. Acts 1975, No. 326, §§ 2, 3; 1975 (Extended Sess., 1976), No. 1059, § 1; 1977, No. 884, §§ 20, 21; A.S.A. 1947, §§ 5-1419, 5-1420.

10-3-1204. Acts 1975, No. 326, § 3; 1975 (Extended Sess., 1976), No. 1059, § 1; 1977, No. 884, § 21; A.S.A. 1947, § 5-1420.

10-3-1205. Acts 1975, No. 326, § 3; 1975 (Extended Sess., 1976), No. 1059, § 1; 1977, No. 884, § 21; A.S.A. 1947, § 5-1420.

Subchapter 13 — Senate Interim Committee on Children and Youth

A.C.R.C. Notes. References to “this subchapter” in §§ 10-3-130110-3-1303 and 10-3-132010-3-1322 may not apply to § 10-3-1323 which was enacted subsequently.

Preambles. Acts 1987, No. 517 contained a preamble which read:

“Whereas, the children of this Nation face a myriad of problems; and

“Whereas, legislative matters affecting children are assigned to many different standing committees which results in lack of comprehensive planning for children's needs and services and too often children fall through the cracks;

“Whereas, recent federal legislation has been introduced which would encourage state planning to develop a unified policy for all children; and

“Whereas, the consolidation of children's issues for review by a single legislative committee would insure that complex, interdisciplinary problems affecting children and funding needed for delivery of services to children would receive a more thorough consideration of the General Assembly; and

“Whereas, it is in the public interest that the General Assembly cooperate with the Governor, the various federal and state agencies and the Congress in making continual review of the problems and needs of children, and to explore means by which this State can address and resolve those problems in a comprehensive manner;

“Now, therefore….”

Effective Dates. Acts 1987, No. 517, § 7: Apr. 1, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the future well being of the State of Arkansas lies in a good beginning for each child; that the problems facing the children of our society pose an immediate and future peril to the health, safety and welfare of the people of this State and immediate steps are necessary to coordinate planning and development of comprehensive legislation to meet the needs of children and youth, and that the immediate passage of this Act is necessary to enable the Seventy-Sixth General Assembly to establish a standing committee which will make studies, not only during regular session of the General Assembly, but in the interim period between legislative sessions designed to keep the General Assembly of this State fully in contact with the development of meaningful solutions to the problems facing children and youth, and in the development of legislation to carry out such solutions. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 517, § 10: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws concerning certain committees of the House of Representatives and the General Assembly are in need of clarification and revision for the efficient operation of the General Assembly and that this act is immediately necessary to assist the Seventy-Ninth General Assembly in carrying out its duties. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1033, § 6: Apr. 12, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is necessary for the Joint Committee on Children and Youth to have ample time to prepare for taking over the duties relating to oversight of the Arkansas Child Welfare Reform Document and the Angela R., et al. v. Bill Clinton, et al. consent decree. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 312, § 24: Feb. 28, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the duties of the Joint Interim Committee on Children and Youth shall be transferred to the Senate Interim Committee on Children and Youth; that such transfer should begin upon the adjournment of this Regular Session; and that unless this emergency clause is adopted the transfer will not occur until ninety days past the Regular Session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

10-3-1301. Construction.

The provisions of this subchapter shall be in addition and supplemental to the laws of this state and the Rules of the House of Representatives and the Rules of the Senate pertaining to the standing and interim committees of the General Assembly and of the House of Representatives and Senate and shall repeal only such laws or parts of laws as may be specifically in conflict with this subchapter.

History. Acts 1987, No. 517, § 6.

10-3-1302. [Repealed.]

Publisher's Notes. This section, concerning the creation, membership, and cochairmen of the Senate Interim Committee on Children and Youth, was repealed by Acts 1997, No. 312, § 9. The section was derived from Acts 1987, No. 517, §§ 1, 2; 1992 (1st Ex. Sess.), No. 29, § 1; 1993, No. 517, § 5.

10-3-1303. Duties.

The Senate Interim Committee on Children and Youth shall make continuing studies and shall cooperate with the appropriate agencies of this state, agencies of the United States Government, and the Congress of the United States in the exchange and dissemination of information and in the development of legislation designed to coordinate planning and to try new ways to prevent young people from falling through the cracks.

History. Acts 1987, No. 517, § 2; 1991, No. 555, § 1; 1997, No. 312, § 10.

10-3-1304 — 10-3-1319. [Reserved.]

  1. The Senate Interim Committee on Children and Youth shall be composed of ten (10) members appointed pursuant to the Rules of the Senate and shall function in the interim between the sine die adjournment or extended recess of the regular session or fiscal session of each General Assembly until the convening of the next regular session or fiscal session of the General Assembly or the convening of the current General Assembly during an extended recess.
  2. The Senate Interim Committee on Children and Youth shall make continuing studies pertaining to the safety, health, development, and problems of children. The studies may either be initiated by the Senate Interim Committee on Children and Youth or referred to it by either house of the General Assembly for study in the interim between sessions of the General Assembly. Interim study proposals and resolutions relating to children, which are filed with the Legislative Council under the provisions of § 10-3-214 for review and referral to the appropriate germane joint interim committee of the General Assembly, shall be referred to the Senate Interim Committee on Children and Youth. The Senate Interim Committee on Children and Youth shall undertake each study referred to it by members of the General Assembly or by the Legislative Council and shall submit a report of its findings and recommendations in regard to each study request prior to the convening of the next session of the General Assembly.
  3. In addition, the Senate Interim Committee on Children and Youth shall exercise leadership in the interim between legislative sessions and shall attempt to coordinate for the various committees of the General Assembly the various activities, studies, and planning activities of the General Assembly which relate to children and youth, delivery of services to children, and use of funding resources for programs and services.
  4. The Senate Interim Committee on Children and Youth shall cooperate with the Governor, the appropriate administrative agencies of this state, legislative and administrative agencies of other states, and the federal government, including participation in regional and national meetings and seminars of state and federal officials in the exchange of information and data on children and youth problems and resolution of those problems.

History. Acts 1987, No. 517, § 3; 1997, No. 312, § 11; 2009, No. 962, § 23.

Amendments. The 2009 amendment inserted “session or fiscal” following “regular” twice in (a); and deleted “regular” following “convening of the next” near the end of the last sentence of (b).

10-3-1321. Meetings — Intergovernmental cooperation.

  1. The Senate Interim Committee on Children and Youth shall meet upon call by the Chair of the Senate Interim Committee on Children and Youth, or at such other times as may be provided in the rules of the Senate Interim Committee on Children and Youth, or upon written call by any five (5) of its members.
  2. The Senate Interim Committee on Children and Youth shall cooperate with the Council of State Governments, the Southern Legislative Conference, the National Conference of State Legislatures and its committees, and other appropriate conferences or associations of public officials concerned with the problems of children and youth for the purpose of coordinating the activities and resources of the legislative departments of the sister states to assist the Congress of the United States and the federal government in coordinating state and regional programs for the safety, health, development, and problems of children and youth.

History. Acts 1987, No. 517, § 5; 1997, No. 312, § 12.

10-3-1322. Reimbursement of expenses — Staff assistance.

    1. Members of the Senate Interim Committee on Children and Youth shall be entitled to per diem and mileage for attending each meeting of the Senate Interim Committee on Children and Youth or in attending to authorized business of the Senate Interim Committee on Children and Youth business at the same rate as provided by law for members of the General Assembly for attending meetings of the interim committees of the General Assembly.
    2. The per diem and mileage, including reimbursement for expenses for attending out-of-state meetings as provided by law, shall be paid from funds appropriated for per diem, mileage, and expenses for members of the General Assembly for attending interim committee meetings or from other funds provided by law for that purpose.
  1. The Bureau of Legislative Research of the Legislative Council shall furnish staff assistance as may be requested by the Senate Interim Committee on Children and Youth.

History. Acts 1987, No. 517, § 4; 1997, No. 312, § 13; 1997, No. 1354, § 24.

10-3-1323. Compliance with child welfare reform.

  1. The General Assembly finds that the requirements with which the state must comply pursuant to the consent decree from Angela R., et al. v. Bill Clinton, et al. and the Arkansas Child Welfare Reform Document demand close observation and study; that the future of the state's children and youth relies heavily on compliance with the decree; that the financial security of the state is in jeopardy if the state has difficulty or is unable to comply with the consent decree because of the voluminous number of lawsuits that could ensue; that the state has a responsibility to protect children and youth from harm and ensure their healthy development; that the Child Welfare Compliance and Oversight Committee will cease to exist on December 31, 1994; that in order to protect the interests of the state, it is crucial that oversight of child welfare issues continue; that oversight by a committee that focuses specifically on problems relating to children and youth would be the most advantageous manner of monitoring compliance with the consent decree and related problems. Therefore, it is declared to be the intent of the General Assembly to require the Senate Interim Committee on Children and Youth to monitor compliance with the consent decree, to report annually regarding compliance, and to review all bills pertaining to the safety, health, mental health, development, and problems of children and youth.
  2. The Senate Interim Committee on Children and Youth shall make a report at least annually regarding the state's compliance with the Arkansas Child Welfare Reform Document and review all bills pertaining to the safety, health, mental health, development, and problems of children and youth. The report shall be made available to all members of the General Assembly.

History. Acts 1993, No. 1033, §§ 1, 2; 1997, No. 312, § 13.

A.C.R.C. Notes. References to “this subchapter” in §§ 10-3-130110-3-1303 and 10-3-132010-3-1322 may not apply to this section which was enacted subsequently.

Subchapter 14 — Office of Economic and Tax Policy

Effective Dates. Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 160, § 2: Feb. 8, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that this act modifies the composition of the Joint Committee on Economic and Tax Policy; that unless this emergency clause is adopted, this act will not become effective until ninety days after the adjournment of this regular session; that the committee will likely have business to conduct prior to the expiration of that ninety-day period; and that there is a necessity for continuity of committee membership during the interim between sessions. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 1981, § 4: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas has been disadvantaged in its ability to effectively compete for large economic development projects due to its inability to quickly raise revenues through the issuance of general obligation bonds; that attracting a project would significantly benefit the economic development of the state by providing increased payrolls, job opportunities, and tax income; that the citizens of the State of Arkansas recognized the missed opportunities caused by this competitive disadvantage through their overwhelming approval of Amendment 82; and that this act is immediately necessary in order to effectuate the will of the people and position the State of Arkansas to act expeditiously in securing a project in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 823, § 2: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act concerns the forecast of general revenues, which is essential to finance the operations of state government; and that a delay in the effective date of this act beyond the start of the next fiscal year on July 1, 2017, could work irreparable harm to the proper administration and provision of essential government programs. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-1401. Joint Committee on Economic and Tax Policy — Creation.

    1. There is hereby created the “Joint Committee on Economic and Tax Policy” which shall be composed of:
      1. The cochairs of the Legislative Council;
      2. The cochairs of the Joint Budget Committee;
      3. The Chair of the Senate Committee on Revenue and Taxation;
      4. The Chair of the House Committee on Revenue and Taxation;
      5. Three (3) members of the Senate appointed by the President Pro Tempore of the Senate, one (1) of whom shall be appointed Cochair of the Joint Committee on Economic and Tax Policy; and
      6. Three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives, one (1) of whom shall be appointed Cochair of the Joint Committee on Economic and Tax Policy.
    2. The members shall be entitled to per diem and mileage, at the rates prescribed by law for members of interim committees of the General Assembly, to be paid from funds appropriated for paying per diem and mileage of interim committees.
  1. The Joint Committee on Economic and Tax Policy shall hear matters relating to the economic and revenue outlook of the state and information relating to the economic and fiscal impact of public policy measures, including the revenue forecasts as submitted by the Governor, and make such recommendations as it deems necessary.

History. Acts 1993, No. 1274, § 2; 1997, No. 1354, § 25; 2001, No. 160, § 1.

10-3-1402. Office of Economic and Tax Policy — Creation.

  1. There is hereby created within the Bureau of Legislative Research the “Office of Economic and Tax Policy”.
  2. The office shall be staffed by such personnel as may be authorized by annual appropriations of the General Assembly.

History. Acts 1993, No. 1274, § 1; 2015, No. 1150, § 4.

Amendments. The 2015 amendment substituted “annual” for “biennial” in (b).

10-3-1403. Office of Economic and Tax Policy — Powers and duties.

  1. The Office of Economic and Tax Policy shall work under the standards and guidelines of the Joint Committee on Economic and Tax Policy and shall:
    1. Review the biennial and annual revenue forecast submitted by the executive branch;
    2. Provide legislators with such information as may be requested regarding the data and assumptions supporting the forecast;
    3. At the request of the Joint Committee on Economic and Tax Policy, provide alternative forecasts based on different assumptions regarding economic performance;
    4. Make periodic reviews of the official revenue forecast performance;
    5. Provide members with analyses of policy proposals which might affect the economy or fiscal outlook of the State of Arkansas;
    6. Biennially prepare and make available to the members of the General Assembly a comprehensive compilation of taxes levied by the State of Arkansas;
    7. Provide members of the Joint Committee on Economic and Tax Policy or other members of the General Assembly with such data, information, or policy studies as may be requested, subject to time and resource constraints;
    8. Review any changes made in the distribution of funds for public education; and
    9. Perform or arrange for the performance of audits of the economic impact and cost-benefit with regard to any economic development project for which the sponsor receives the benefit of Amendment 82 bond financing.
  2. The office shall prepare fiscal impact analyses of proposed legislation on request of:
    1. Any member of the General Assembly; or
    2. A legislative committee.

History. Acts 1993, No. 1274, § 4; 2003 (2nd Ex. Sess.), No. 17, § 1; 2005, No. 1981, § 2.

10-3-1404. Forecast of general revenues.

    1. On or before the third Wednesday in May before the beginning of each fiscal year, the Chief Fiscal Officer of the State shall submit to the Joint Committee on Economic and Tax Policy the following forecasts of general revenues to be available under the Revenue Stabilization Law, § 19-5-101 et seq.:
      1. The official forecast for the upcoming fiscal year, including any revisions necessitated by the revised forecast required under subdivision (a)(1)(B) of this section; and
      2. A revised forecast for the current fiscal year.
      1. The Joint Committee on Economic and Tax Policy may hold meetings and hearings and request such information, data, or studies as it deems necessary.
      2. Upon hearing evidence and information regarding the outlook for state revenues, the Joint Committee on Economic and Tax Policy shall make its findings on the forecasts of general revenues available for distribution.
    2. A report of the Joint Committee on Economic and Tax Policy's findings shall be sent to the Chief Fiscal Officer of the State.
  1. If the Chief Fiscal Officer of the State determines it has become necessary to change either forecast of general revenues available for distribution, the Chief Fiscal Officer of the State shall report the expected change in forecast to the Office of Economic and Tax Policy and the Joint Committee on Economic and Tax Policy with an explanation of the need for the change.

History. Acts 1993, No. 1274, § 3; 2013, No. 1224, § 1; 2017, No. 823, § 1.

Amendments. The 2013 amendment rewrote (a)(1); in (a)(2)(B), deleted “the members of” preceding “the Joint Committee” and substituted “forecasts” for “forecast”; and, in (b), substituted “If” for “In the event” and “change either forecast” for “change the forecast.”

The 2017 amendment substituted “third Wednesday” for “first Wednesday” in (a)(1).

10-3-1405. Interdepartmental cooperation and assistance.

  1. The Department of Finance and Administration shall cooperate with and assist the Office of Economic and Tax Policy in carrying out its responsibilities by providing:
    1. The office with such nonconfidential tax information as may be requested by the office; and
    2. Such other assistance to the office as may be requested.
    1. Other state agencies shall cooperate with and assist the office in carrying out its duties, including, without limitation:
      1. Review and analysis of cost-benefit studies;
      2. Fiscal impact statements; and
      3. Other fiscal analyses as requested by the office.
    2. State agencies shall provide assistance to the office as requested.
  2. The state-supported institutions of higher education shall:
    1. Cooperate with and assist the office in carrying out its duties; and
    2. Provide support and advice to the Joint Committee on Economic and Tax Policy in determining the economic policy and revenue forecast of the State of Arkansas.
    1. The Division of Elementary and Secondary Education shall cooperate with and assist the office in carrying out its responsibilities by providing:
      1. The office with information requested by the office; and
      2. Assistance to the office as requested.
    2. The division shall provide the office with any information regarding changes in the calculation of state aid to public school districts within seven (7) working days of a change.
  3. The Arkansas Economic Development Commission and the Arkansas Development Finance Authority shall cooperate with and assist the office in carrying out its responsibilities by providing:
    1. The office with information requested by the office; and
    2. Assistance to the office as requested.

History. Acts 1993, No. 1274, § 5; 2003 (2nd Ex. Sess.), No. 17, § 2; 2005, No. 1981, § 3; 2019, No. 910, § 2211.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (d)(1) and in (d)(2).

Subchapter 15 — Desegregation Litigation — Legislative Oversight

Effective Dates. Acts 1989 (3rd Ex. Sess.), No. 71, § 7: Nov. 16, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State of Arkansas has recently expended huge amounts of state revenues for costs involved in desegregation litigation; that it is in the best interests of all taxpayers of this state that an oversight subcommittee representative of the interests of the state be established to advise the Governor and the General Assembly in settlements of litigation involving desegregation and to develop positive means to avoid future litigation in the area; that the establishment of this subcommittee through legislation is necessitated by a recent opinion issued by the Attorney General. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effect on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1508, § 19: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that this act makes various technical corrections in the Arkansas Code; that this act further clarifies the law to provide that the Arkansas Code Revision Commission may correct errors resulting from enactments of prior sessions; and that this act should go into effect immediately in order to be applicable during the codification process of the enactments of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden it shall become effective on the date the last the house overrides the veto.”

10-3-1501. [Expired.]

A.C.R.C. Notes. In November, 1982, the Little Rock School District filed suit against the Pulaski County Special School District, the North Little Rock School District, the State of Arkansas, and the State Board of Education alleging actions by officials resulting in the segregation of schools in the Little Rock district. Little Rock School District v. Pulaski County School District No. 1, et. al., Docket No. LR-C-82-866. In December, 1989, the United States District Court for the Eastern District of Arkansas, Henry Woods, J., rejected the settlement plan submitted (726 F. Supp. 1544 (E.D. Ark. 1989)). The court of appeals reversed, holding the settlement plan should have been approved (921 F.2d 1371 (8th Cir. 1990)). On remand (769 F. Supp. 1483 (E.D. Ark. 1991)) the agreement was again rejected and the appeal therefrom vacated (949 F.2d 253 (8th Cir. Ark. 1991)).

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the establishment of the Desegregation Litigation Oversight Subcommittee, expired by its own terms September 30, 2017. The section was derived from Acts 1989 (3rd Ex. Sess.), No. 71, § 1; 2016 (3rd Ex. Sess.), No. 2, § 6; 2016 (3rd Ex. Sess.), No. 3, § 6.

10-3-1502. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the membership of the Desegregation Litigation Oversight Subcommittee, expired by its own terms September 30, 2017. The section was derived from Acts 1989, (3rd Ex. Sess.), No. 71, § 2; 1997, No. 112, § 26; 1997, No. 250, § 56; 1997, No. 1354, § 26; 1999, No. 1508, § 7; 2016 (3rd Ex. Sess.), No. 2, § 7; 2016 (3rd Ex. Sess.), No. 3, § 7.

10-3-1503. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the reduction of future litigation liability, expired by its own terms September 30, 2017. The section was derived from Acts 1989 (3rd Ex. Sess.), No. 71, § 4; 2016 (3rd Ex. Sess.), No. 2, § 8; 2016 (3rd Ex. Sess.), No. 3, § 8.

10-3-1504. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning reports and settlements, expired by its own terms September 30, 2017. The section was derived from Acts 1989 (3rd Ex. Sess.), No. 71, § 3; 1997, No. 112, § 27; 2016 (3rd Ex. Sess.), No. 2, § 9; 2016 (3rd Ex. Sess.), No. 3, § 9.

10-3-1505. [Repealed.]

Publisher's Notes. This section, concerning comprehensive study, was repealed by Acts 2013, No. 1465, § 5. The section was derived from Acts 2005, No. 1940, § 1.

10-3-1506. [Repealed.]

Publisher's Notes. This section, concerning the establishment, members, and duties of the Arkansas Public School Desegregation Lawsuit Resolution Task Force, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 10. The section was derived from Acts 2005, No. 2286, § 1.

Subchapter 16 — Joint Interim Oversight Committee on Education Reform

Effective Dates. Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-1601. Creation — Members.

  1. To assist the General Assembly, there is established the “Joint Interim Oversight Committee on Education Reform” to be composed of the following members:
    1. Seven (7) members of the Senate to be appointed by the Chair of the Senate Committee on Education, in consultation with the President Pro Tempore of the Senate; and
    2. Seven (7) members of the House of Representatives to be appointed by the Chair of the House Committee on Education, in consultation with the Speaker of the House of Representatives.
  2. In making their appointments, the Chair of the Senate Committee on Education and the Chair of the House Committee on Education shall seek to ensure that members who are knowledgeable about all types of educational issues and who represent all geographic regions of the state shall serve on the Joint Interim Oversight Committee on Education Reform.
  3. The Joint Interim Oversight Committee on Education Reform shall be assisted by staff provided by the Bureau of Legislative Research.
  4. Members of the Joint Interim Oversight Committee on Education Reform shall be entitled to receive per diem and expenses for their attendance at committee meetings at the same rate as members of the General Assembly receive for attendance at meetings of interim committees.
  5. The members appointed to the Joint Interim Oversight Committee on Education Reform shall select a Senate cochair and a House cochair, each of whom shall serve for a two-year term during the interim.

History. Acts 1991, No. 978, § 1; 1993, No. 1272, § 1; 1997, No. 1354, § 27; 1999, No. 1163, § 1.

10-3-1602. Duties.

The duties of the Joint Interim Oversight Committee on Education Reform shall include, but are not limited to, the following:

  1. Reviewing policy issues regarding the creation and implementation of acceptability systems for the state system of education, including the review of any regulatory changes proposed by the appropriate agencies of the executive branch or any boards or commissions prior to their implementation;
  2. Reviewing policy issues affecting educational reform on or before November 15 of the year preceding a regular session and making recommendations concerning any necessary legislative changes proposed by school districts, cooperatives, institutions of higher education, the Division of Elementary and Secondary Education, the State Board of Education, the Division of Career and Technical Education, the Career Education and Workforce Development Board, the Division of Higher Education, the Arkansas Higher Education Coordinating Board, the Governor's office, and private institutions;
  3. Providing recommendations regarding use of state and federal funds;
  4. Reviewing and assuring coordination between the school districts, cooperatives, institutions of higher education, the Division of Elementary and Secondary Education, the State Board of Education, the Division of Career and Technical Education, the Career Education and Workforce Development Board, the Division of Higher Education, the Arkansas Higher Education Coordinating Board, the Governor's office, and private institutions; and
  5. Evaluating innovative education projects and promoting the adoption of successful projects.

History. Acts 1991, No. 978, § 2; 1999, No. 1163, § 2; 2009, No. 962, § 24; 2019, No. 910, §§ 2212, 2213.

Amendments. The 2009 amendment substituted “regular session” for “regularly scheduled legislative session” in (2).

The 2019 amendment in (2) and (4), substituted “Division of Elementary and Secondary Education” for “Department of Education”, “Division of Career and Technical Education” for “Department of Career Education”, “Career Education and Workforce Development Board” for “State Board of Career Education”, and “Division of Higher Education” for “Department of Higher Education”.

Subchapter 17 — Joint Committee on Advanced Communications and Information Technology

A.C.R.C. Notes. References to “this chapter” in subchapters 1-16 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 1995, No. 737, § 16: Mar. 22, 1995. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that advanced communications and information technology is having a profound impact on the fields of education and medicine; that the purpose of this act is to coordinate and enhance our state's effort to utilize advanced communications and information technology; and that this act is immediately necessary in order for the committees created by the act to begin their work. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 914, § 35: July 1, 1997. Emergency clause provided: “It is found and determined by the Eighty-First General Assembly that continuing advances in the field of communications and information technology make it necessary to establish a Department of Information Systems within the Executive Department of Government to better coordinate and utilize such technology; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 3, § 5: Jan. 19, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the area of advanced communications and information technology is a rapidly growing and changing area of education; that the facilitation of policy development for advanced communications and information technology is necessary for the advancement of interest of the state; that the effectiveness of this Act is essential to the operation of the Joint Committee on Advanced Communications and Information Technology, and that a delay in the effective date could work irreparable harm upon the proper administration and provisions of an essential governmental committee. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 3, § 4: Jan. 11, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Senate has created a Senate Committee on Information Technology and Legislative Affairs; that a similar committee should be created for the House of Representatives; that this act accomplishes that purpose; and that this act should go into effect as soon as possible in order that bills may be assigned to that committee during this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-1701. Purpose.

The General Assembly finds and declares that it is in the highest public interest to provide appropriate means for the continued development and enhancement of educational opportunities, medical care services, and governmental operations throughout the State of Arkansas through the use of the public telecommunications infrastructure and networks employing advanced communication and information technology. Such technology and applications have strategic value for the economy for the State of Arkansas, will strengthen the state's connection to the national and international information infrastructure, and will enable the state and its citizens access to a statewide public telecommunications and information infrastructure capable of connecting government agencies, connecting all seventy-five (75) counties, providing Arkansas citizens access to government information, and being continuously upgraded through the addition of compatible new technology.

History. Acts 1995, No. 737, § 1.

Publisher's Notes. Acts 1995, No. 737, § 1, was also codified as § 25-26-101 [repealed].

10-3-1702. Definitions.

For the purpose of this subchapter:

  1. “Distance learning” means an interactive telecommunications system that:
    1. Utilizes information technology, audio, video, and other appropriate elements and is compatible with other distance learning networks; and
    2. Is used for the purpose of enhancing instructional opportunities in Arkansas public schools, technical colleges, community colleges, and universities, and economic development opportunities in business and industry;
  2. “Governmental entity” means any department, board, bureau, commission, or other agency of the state or any entity created by law to provide services to the state;
  3. “Information technology” means the totality of means employed to collect, classify, process, store, retrieve, evaluate, and disseminate information in voice, video, and data form;
  4. “Infrastructure” means an interlinked system of wires, cables, fiber optics, or other wireline or wireless communications media;
  5. “Medical facilities” means any fully licensed and accredited, publicly or privately funded, medical care providers that furnish either inpatient or outpatient services;
  6. “Network” means an interlinked system of users;
  7. “Public access” means access by the public to public information through the use of information technology;
  8. “Public information” means any information stored, gathered, or generated in electronic or magnetic form by the State of Arkansas or its agencies or instrumentalities included within the information deemed to be public pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq., and amendments thereto;
  9. “Public telecommunications” means the facilities used in providing telecommunication services to the public, including, but not limited to, facilities owned and operated by public utilities;
  10. “Telemedicine” means an interactive telecommunications system that:
    1. Utilizes information technology, audio, video, and other appropriate elements and is compatible with other telemedicine networks; and
    2. Is used for the purpose of enhancing the delivery of medical information and health care to medical facilities in rural and urban areas throughout Arkansas; and
  11. “Universal access” means access to the public telecommunications infrastructure or the state's information system by all state governmental entities.

History. Acts 1995, No. 737, § 2.

Publisher's Notes. Acts 1995, No. 737, § 2, was also codified as § 25-26-102 [repealed].

10-3-1703. Joint Committee on Advanced Communications and Information Technology — Membership — Cochairs.

    1. There is created a joint standing committee of the House of Representatives and the Senate to be known as the “Joint Committee on Advanced Communications and Information Technology”.
    2. This Joint Committee on Advanced Communications and Information Technology shall function as established by law.
    1. The Joint Committee on Advanced Communications and Information Technology shall be a select committee of the House and the Senate, whose members shall be chosen as follows:
        1. Seven (7) members of the Senate to consist of the members of the Senate Committee on Technology and Legislative Affairs.
        2. Any vacancy shall be filled according to the Rules of the Senate on seniority; and
        1. Ten (10) members of the House to be selected by the Speaker of the House of Representatives.
          1. One (1) alternate member for each of the House members shall be selected by the Speaker of the House of Representatives.
          2. Vacancies in the House membership on the Joint Committee on Advanced Communications and Information Technology shall be filled by the Speaker of the House of Representatives in accordance with the Rules of the House of Representatives.
    2. In the event a vacancy shall occur on the Joint Committee on Advanced Communications and Information Technology, the vacancy shall be filled in the manner as provided for in this section.
  1. Members appointed to the Joint Committee on Advanced Communications and Information Technology shall serve on the Joint Committee on Advanced Communications and Information Technology in addition to their service on the regular standing, joint, and select committees.
    1. The Chair of the Senate Committee on Technology and Legislative Affairs shall serve as the Senate Cochair of the Joint Committee on Advanced Communications and Information Technology, and the Speaker of the House of Representatives shall designate one (1) of the House members appointed to the Joint Committee on Advanced Communications and Information Technology to serve as the House Cochair of the Joint Committee on Advanced Communications and Information Technology.
    2. The cochairs of the Joint Committee on Advanced Communications and Information Technology shall preside at alternate meetings of the Joint Committee on Advanced Communications and Information Technology, unless the cochairs shall agree otherwise.

History. Acts 1995, No. 737, §§ 3, 5; 1999, No. 3, § 1; 2001, No. 3, § 1; 2001, No. 627, § 5.

10-3-1704. Joint Committee on Advanced Communications and Information Technology — Members — Duties.

  1. The members of the House of Representatives and the Senate appointed at each regular session of the General Assembly to the Joint Committee on Advanced Communications and Information Technology shall constitute a joint committee of the General Assembly to function during and in the interim between the sine die adjournment or extended recess of the regular session or fiscal session of each General Assembly, until the convening of the next regular session or fiscal session of the General Assembly or reconvening of the current General Assembly, or during an extended recess.
      1. The Joint Committee on Advanced Communications and Information Technology shall make continuing studies concerning the development of access to a statewide public telecommunications network for distance learning, telemedicine, universal access for governmental entities, and other issues concerning advanced communications and information technology, either initiated by the Joint Committee on Advanced Communications and Information Technology or referred to it by either house of the General Assembly for study, in the interim between sessions of the General Assembly.
        1. Interim study proposals and resolutions filed with the Legislative Council under the provisions of § 10-3-214 for review and referral to the appropriate germane interim committee of the General Assembly, relating to advanced communications and information technology, shall be referred to the Joint Committee on Advanced Communications and Information Technology.
        2. The Joint Committee on Advanced Communications and Information Technology shall undertake each study referred to it by members of the General Assembly or by the Legislative Council and shall submit a report of its findings and recommendations in regard to each study request to the General Assembly prior to the convening of the next session of the General Assembly.
        3. The Joint Committee on Advanced Communications and Information Technology shall review any plan developed or updated by a public instrumentality.
    1. In addition, the Joint Committee on Advanced Communications and Information Technology shall exercise leadership in the interim between legislative sessions and shall attempt to coordinate for the various committees of the General Assembly the various activities, studies, and planning activities of the General Assembly which relate to the development of access to a statewide public telecommunications information infrastructure.
    2. The Joint Committee on Advanced Communications and Information Technology shall have the power and authority, upon approval of a majority of the members of the Joint Committee on Advanced Communications and Information Technology, to subpoena persons, documents, and records. However, no action of the Joint Committee on Advanced Communications and Information Technology regarding the exercise of the subpoena power shall be taken except upon notice of at least one (1) week to all members of the Joint Committee on Advanced Communications and Information Technology or upon a two-thirds (2/3) vote of the membership of the Joint Committee on Advanced Communications and Information Technology.
    3. The Joint Committee on Advanced Communications and Information Technology shall cooperate with the Governor, with public secondary and postsecondary institutions of education, with the appropriate administrative agencies of this state, with legislative and administrative agencies and institutions of other states, and with the federal government and others in the planning and development of access to a statewide public telecommunications infrastructure linking institutions, businesses, government agencies, schools, hospitals, libraries, communities, and other public and private entities to the national information infrastructure.
  2. The Joint Committee on Advanced Communications and Information Technology shall exercise appropriate legislative oversight of the operations of the Division of Information Systems.

History. Acts 1995, No. 737, § 5; 1997, No. 914, § 22; 1997, No. 1354, § 28; 2007, No. 751, § 5; 2009, No. 248, § 3; 2009, No. 962, § 25; 2019, No. 910, § 6062.

A.C.R.C. Notes. Acts 2001, No. 1042, § 8, provided:

“The current Department of Information Systems Steering Committee and the Department of Information Systems Advisory Board are hereby abolished.”

Amendments. The 2007 amendment deleted former (b)(1)(B)(iii)(b), and redesignated the remaining provision accordingly.

The 2009 amendment by No. 248 rewrote (c).

The 2009 amendment by No. 962, in (a), inserted “session or fiscal” following “extended recess of the regular” and inserted “or fiscal” following “convening of the next regular”; and deleted “regular” following “convening of the next” in (b)(1)(B)(ii).

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (c).

10-3-1705. Duties of joint standing committee.

Bills pertaining to the Division of Information Systems, advanced communications and information technology, telemedicine, distance learning, or public information access shall be referred to the Joint Committee on Advanced Communications and Information Technology or the Committee on Advanced Communications and Information Technology, as appropriate.

History. Acts 1995, No. 737, § 4; 1997, No. 914, § 23; 2001, No. 3, § 2; 2019, No. 910, § 6063.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems”.

10-3-1706. Joint Committee on Advanced Communications and Information Technology — Meetings.

The Joint Committee on Advanced Communications and Information Technology shall meet upon call by either or both of the cochairs of the Joint Committee on Advanced Communications and Information Technology, or at such other times as may be provided in the rules of the Joint Committee on Advanced Communications and Information Technology, or upon written call by any seven (7) of its members.

History. Acts 1995, No. 737, § 6.

10-3-1707. Interim committee meetings — Expenses — Staff.

  1. The per diem and mileage, including reimbursement for expenses for attending out-of-state meetings as provided by law, shall be paid from funds appropriated for per diem, mileage, and expenses of members of the General Assembly for attending interim committee meetings or from other funds provided by law for that purpose.
  2. The Bureau of Legislative Research shall furnish such staff assistance as may be requested by the Joint Committee on Advanced Communications and Information Technology.
  3. All other appropriate state agencies, including, but not limited to, the Division of Information Systems, the Arkansas Economic Development Commission, and public colleges and universities in the State of Arkansas, shall be available to assist the Joint Committee on Advanced Communications and Information Technology on advanced communications and information technology matters as may be requested by the Joint Committee on Advanced Communications and Information Technology.

History. Acts 1995, No. 737, § 7; 1997, No. 914, § 24; 1997, No. 1354, § 29; 2015 (1st Ex. Sess.), No. 7, § 74; 2015 (1st Ex. Sess.), No. 8, § 74; 2019, No. 910, § 6064.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), No. 7, § 62 and 2015 (1st Ex. Sess.), No. 8, § 62, provided: “Transfer of the Arkansas Science and Technology Authority.

“(a) (1) The Arkansas Science and Technology Authority is transferred to the Arkansas Economic Development Commission by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the commission is the principal department under Acts 1971, No. 38.

“(b) The statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, of the authority are transferred to the commission, except as specified in this act.

“(c) The prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudication of the authority are transferred to the executive director of the commission, except as specified in this act.

“(d) The members of the Board of Directors of the Arkansas Science and Technology Authority, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board except as specified in this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Arkansas Economic Development Commission” for “Arkansas Science and Technology Authority” in (c).

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (c).

Subchapter 18 — Committee on Advanced Communications and Information Technology

A.C.R.C. Notes. References to “this chapter” in subchapters 1-16 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 2001, No. 3, § 4: Jan. 11, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Senate has created a Senate Committee on Information Technology and Legislative Affairs; that a similar committee should be created for the House of Representatives; that this act accomplishes that purpose; and that this act should go into effect as soon as possible in order that bills may be assigned to that committee during this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

10-3-1801. Creation.

There is created the “Committee on Advanced Communications and Information Technology” of the House of Representatives to be composed of the members of the House on the Joint Committee on Advanced Communications and Information Technology.

History. Acts 2001, No. 3, § 3.

Subchapter 19 — Arkansas State Game and Fish Commission Oversight Committee

10-3-1901. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the creation of the Arkansas State Game and Fish Commission Oversight Committee, expired by its own terms December 31, 2016. The section was derived from Acts 2001, No. 1389, § 1; 2016 (3rd Ex. Sess.), No. 2, § 11; 2016 (3rd Ex. Sess.), No. 3, § 11.

10-3-1902. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the membership of the Arkansas State Game and Fish Commission Oversight Committee, expired by its own terms December 31, 2016. The section was derived from Acts 2001, No. 1389, § 1; 2016 (3rd Ex. Sess.), No. 2, § 12; 2016 (3rd Ex. Sess.), No. 3, § 12.

10-3-1903. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the duties of the Arkansas State Game and Fish Commission Oversight Committee, expired by its own terms December 31, 2016. The section was derived from Acts 2001, No. 1389, § 1; 2016 (3rd Ex. Sess.), No. 2, § 13; 2016 (3rd Ex. Sess.), No. 3, § 13.

Subchapter 20 — Joint Interim Committee on Health Insurance and Prescription Drugs

10-3-2001 — 10-3-2003. [Repealed.]

Publisher's Notes. This subchapter, concerning the Joint Interim Committee on Health Insurance and Prescription Drugs, was repealed by Acts 2007, No. 731, § 1. The subchapter was derived from the following sources:

10-3-2001. Acts 2003, No. 1392, § 1.

10-3-2002. Acts 2003, No. 1392, § 2.

10-3-2003. Acts 2003, No. 1392, § 3.

Subchapter 21 — Continuing Adequacy Evaluation Act of 2004

A.C.R.C. Notes. Acts 2007, No. 1204, § 3, provided:

“The purpose of this act is to strengthen and preserve the integrity of the Continuing Adequacy Evaluation Act of 2004, Arkansas Code § 10-3-2101 et seq., by further defining its provisions to ensure that future assessments, evaluations, and monitoring of the state's public education system by the General Assembly will continue to be conducted in a thorough, well-informed and meaningful manner.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-2101. Purpose and findings.

  1. The General Assembly recognizes that it is the responsibility of the State of Arkansas to:
    1. Develop what constitutes an adequate education in Arkansas pursuant to the mandate of the Supreme Court and to conduct an adequacy study, which has been completed; and
    2. Know how revenues of the State of Arkansas are being spent and whether true equality in educational opportunity is being achieved.
  2. The General Assembly also recognizes that no one (1) study can fully define what is an adequate, efficient, and equitable education.
  3. The General Assembly further recognizes that while the adequacy study performed in 2003 is an integral component toward satisfying the requirements imposed by the Supreme Court, the General Assembly has a continuing duty to assess what constitutes an adequate education in the State of Arkansas.
  4. Therefore, because the State of Arkansas has an absolute duty to provide the school children of the State of Arkansas with an adequate education, the General Assembly finds that ensuring that an adequate and equitable system of public education is available in the State of Arkansas shall be the ongoing priority for the State of Arkansas.

History. Acts 2003 (2nd Ex. Sess.), No. 57, § 1.

10-3-2102. Duties.

  1. During each interim, the House Committee on Education and the Senate Committee on Education shall meet separately or jointly, as needed, to:
    1. Assess, evaluate, and monitor the entire spectrum of public education across the State of Arkansas to determine whether equal educational opportunity for an adequate education is being substantially afforded to the school children of the State of Arkansas and recommend any necessary changes;
    2. Review and continue to evaluate what constitutes an adequate education in the State of Arkansas and recommend any necessary changes;
    3. Review and continue to evaluate the method of providing equality of educational opportunity of the State of Arkansas and recommend any necessary changes;
    4. Evaluate the effectiveness of any program implemented by a school, a school district, an education service cooperative, the Division of Elementary and Secondary Education, or the State Board of Education and recommend necessary changes;
    5. Review the average teacher salary in the State of Arkansas in comparison to average teacher salaries in surrounding states and member states of the Southern Regional Education Board and make recommendations for any necessary changes to teacher salaries in the State of Arkansas established by law;
    6. Review and continue to evaluate the costs of an adequate education for all students in the State of Arkansas, taking into account cost-of-living variances, diseconomies of scale, transportation variability, demographics, school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and other factors as deemed relevant, and recommend any necessary changes;
    7. Review and continue to evaluate the amount of per-student expenditure necessary to provide an equal educational opportunity and the amount of state funds to be provided to school districts, based upon the cost of an adequate education and monitor the expenditures and distribution of state funds and recommend any necessary changes; and
    8. Review and monitor the amount of funding provided by the State of Arkansas for an education system based on need and the amount necessary to provide an adequate educational system, not on the amount of funding available, and make recommendations for funding for each biennium.
  2. As a guidepost in conducting deliberations and reviews, the committees shall use the opinion of the Supreme Court in the matter of Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), and other legal precedent.
  3. The Division of Elementary and Secondary Education, the Division of Career and Technical Education, and the Division of Higher Education shall provide the House Committee on Education and the Senate Committee on Education with assistance and information as requested by the House Committee on Education and the Senate Committee on Education.
  4. The Attorney General is requested to provide assistance to the House Committee on Education and the Senate Committee on Education as needed.
  5. Contingent upon the availability of funding, the House Committee on Education, the Senate Committee on Education, or both, may enter into an agreement with outside consultants or other experts as may be necessary to conduct the adequacy review as required under this section.
  6. The study for subdivisions (a)(1)-(4) of this section shall be accomplished by:
    1. Reviewing a report prepared by Arkansas Legislative Audit compiling all funding received by public schools for each program;
    2. Reviewing the Arkansas academic standards developed by the Division of Elementary and Secondary Education;
    3. Reviewing the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;
    4. Reviewing fiscal and facilities distress programs;
    5. Reviewing the state's standing under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95; and
    6. [Repealed.]
    7. Reviewing the specific programs identified for further study by the House Committee on Education and the Senate Committee on Education.
    1. The study for subdivision (a)(5) of this section shall be accomplished by comparing the average teacher salary in Arkansas with surrounding states and Southern Regional Education Board member states, including without limitation:
      1. Comparing teacher salaries as adjusted by a cost of living index or a comparative wage index;
      2. Reviewing the minimum teacher compensation salary schedule; and
      3. Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.
    2. Depending on the availability of National Education Association data on teacher salaries in other states, the teacher salary comparison may be prepared as a supplement to the report after September 1.
  7. The study for subdivision (a)(6) of this section shall be accomplished by reviewing:
    1. Expenditures from:
      1. Isolated school funding;
      2. National school lunch student funding;
      3. Declining enrollment funding;
      4. Student growth funding; and
      5. Special education funding;
    2. Disparities in teacher salaries; and
    3. Any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.
  8. The study for subdivision (a)(7) of this section shall be accomplished by:
    1. Completing an expenditure analysis and resource allocation review each biennium; and
    2. Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.
  9. The study for subdivision (a)(8) of this section shall be accomplished by:
    1. Using evidence-based research as the basis for recalibrating as necessary the state's system of funding public education;
    2. Adjusting for the inflation or deflation of any appropriate component of the system of funding public education every two (2) years;
    3. Reviewing legislation enacted or rules promulgated during the biennium covered by the study to determine the impact of the legislation and rules on educational adequacy-related public school costs; and
    4. Reviewing any related topics identified for further study by the House Committee on Education and the Senate Committee on Education.

History. Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2005, No. 723, § 1; 2007, No. 1204, § 1; 2011, No. 725, § 1; 2015, No. 554, § 5; 2017, No. 936, § 55; 2019, No. 757, § 66; 2019, No. 910, §§ 2214-2216.

A.C.R.C. Notes. Acts 2007, No. 1204, § 3, provided: “The purpose of this act is to strengthen and preserve the integrity of the Continuing Adequacy Evaluation Act of 2004, Arkansas Code § 10-3-2101 et seq., by further defining its provisions to ensure that future assessments, evaluations, and monitoring of the state's public education system by the General Assembly will continue to be conducted in a thorough, well-informed and meaningful manner.”

Amendments. The 2007 amendment added (f) through (j).

The 2011 amendment inserted present (j)(3) and redesignated former (j)(3) as (j)(4).

The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (f)(1).

The 2017 amendment substituted “Arkansas academic standards” for “curriculum frameworks” in (f)(2); substituted “Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq” in (f)(3); deleted “academic” following “fiscal” in (f)(4); and substituted “Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.” in (f)(5).

The 2019 amendment by No. 757 repealed (f)(6).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Division of Career and Technical Education” for “Department of Career Education” and “Division of Higher Education” for “Department of Higher Education” in (c).

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

Case Notes

Res Judicata.

Because adequacy reports and evaluations were filed after the release of the mandate in a previous school-funding case, res judicata did not bar a school district's challenge to them. Deer/Mt. Judea Sch. Dist. v. Kimbrell, 2013 Ark. 393, 430 S.W.3d 29 (2013).

10-3-2103. Investigations.

  1. The House Committee on Education and the Senate Committee on Education shall have the authority to conduct investigations pertaining to the effectiveness of any and all education programs of:
    1. Any school;
    2. Any school district;
    3. Any service cooperative;
    4. Any institution;
    5. The Division of Elementary and Secondary Education or its successors; or
    6. The State Board of Education or any division under the board's authority.
    1. In connection with any investigation, the House Committee on Education and the Senate Committee on Education shall have the right and the power to subpoena witnesses and to issue subpoena duces tecum, pursuant to § 10-2-307.
    2. The chairs and the cochairs of the House Committee on Education and the Senate Committee on Education are authorized to administer oaths.

History. Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2013, No. 1465, § 6; 2019, No. 910, § 2217.

Amendments. The 2013 amendment substituted “§ 10-2-307” for “§ 10-3-208” in (b)(1).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(5); and substituted “division” for “department” in (a)(6).

10-3-2104. Report.

  1. The House Committee on Education and the Senate Committee on Education shall file separately or jointly, or both, reports of their findings and recommendations with the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than November 1 of each year before the convening of a regular session.
  2. For each recommendation the report shall include proposed implementation schedules with timelines, specific steps, agencies and persons responsible, resources needed, and drafts of bills proposing all necessary and recommended legislative changes.
  3. The report shall be supplemented as needed to accomplish the purposes of this continuing evaluation.
    1. Before a fiscal session, the House Committee on Education and the Senate Committee on Education shall meet, jointly or separately as needed, to review the funding recommendations contained in the most recent report filed under this section.
    2. The House Committee on Education and the Senate Committee on Education, meeting jointly or separately as needed, also shall review any other matters identified by the House Committee on Education or the Senate Committee on Education that may affect the state's obligation to provide a substantially equal opportunity for an adequate education for all public school students.
    3. If the House Committee on Education and the Senate Committee on Education find that the recommendations in the most recent adequacy evaluation report filed under this section should be amended, the House Committee on Education and the Senate Committee on Education, jointly or separately, or both, shall advise in writing the President Pro Tempore of the Senate and the Speaker of the House of Representatives of their findings and amendments to the adequacy evaluation report:
      1. By November 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in May under § 7-7-203; and
      2. By March 1 of the calendar year before the beginning of a fiscal session that is held in a year in which the preferential primary election is held in March under § 7-7-203.
  4. The House Committee on Education or the Senate Committee on Education, separately or jointly, shall publish a draft of the report required under this section or any amendment or supplement to the report not less than fourteen (14) days before the report, amendment, or supplement is submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

History. Acts 2003 (2nd Ex. Sess.), No. 57, § 1; 2007, No. 1204, § 2; 2009, No. 199, § 1; 2011, No. 725, § 2; 2019, No. 545, § 7.

A.C.R.C. Notes. Acts 2007, No. 1204, § 3, provided:

“The purpose of this act is to strengthen and preserve the integrity of the Continuing Adequacy Evaluation Act of 2004, Arkansas Code § 10-3-2101 et seq., by further defining its provisions to ensure that future assessments, evaluations, and monitoring of the state's public education system by the General Assembly will continue to be conducted in a thorough, well-informed and meaningful manner.”

The 2015 (1st Ex. Sess.) amendment to this section expired December 31, 2016. Acts 2015 (1st Ex. Sess.), No. 5, § 5, provided:

“(a) This act is cumulative of existing laws and shall not repeal but merely suspend any law in conflict with the act.

“(b) The provisions of this act are temporary and expire on December 31, 2016.

“(c) On and after December 31, 2016, the provisions of law suspended by this act shall be in full force and effect.

“(d) The expiration of this act shall not affect rights acquired under it or affect suits then pending.”

Amendments. The 2007 amendment added (c).

The 2009 amendment added (d).

The 2011 amendment substituted “November 1” for “September 1” in (a) and (d)(3); deleted “under Arkansas Constitution, Article 5, § 5” following “session” in (d)(1); and added (e).

The 2015 (1st Ex. Sess.) amendment substituted “By March 1 of the calendar year of a fiscal session” for “By November 1 of the calendar year before the beginning of a fiscal session” in (d)(3).

The 2019 amendment deleted “By November 1 of the calendar year before the beginning of a fiscal session” at the beginning of (d)(3); and added (d)(3)(A) and (d)(3)(B).

Subchapter 22 — Academic Facilities Oversight Committee

Effective Dates. Acts 2005, No. 1424, § 3: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in the State of Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of school facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that one of the recommendations of the joint committee is to authorize the Division of Public School Academic Facilities to begin work immediately as a viable state agency; that the new division immediately needs, and will continue to need, the advice of an advisory committee comprised of members with expertise in public school design and construction and with issues particular to providing adequate and equitable public school academic facilities; that an advisory committee with the necessary expertise does not currently exist; that in response to the work of the joint committee, the General Assembly is in the process of developing and enacting legislation designed to establish a comprehensive program for overseeing the provision of adequate and substantially equal public school academic facilities across the state; that the General Assembly immediately needs, and will continue to need, the advice of an organized legislative committee comprised of members with expertise in issues particular to providing adequate and equitable public school academic facilities; and that an organized legislative committee with the necessary expertise does not currently exist. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 801, § 7: Apr. 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Division of Public School Academic Facilities and Transportation needs an advisory committee with the necessary expertise in order to effectively carry out its mission; that clarity is needed in the law as to which entity has appointment authority over new members of the Advisory Committee on Public School Academic Facilities; that the State of Arkansas is in need of a comprehensive review of academic facilities programs to ensure that the most efficient and effective programs are in place; and that this act is immediately necessary in order to constitute an advisory committee to immediately begin the work required in this act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-2201. Academic Facilities Oversight Committee.

  1. There is created a legislative committee to be known as the Academic Facilities Oversight Committee.
  2. The Academic Facilities Oversight Committee shall consist of fifteen (15) members as follows:
      1. Seven (7) members of the Senate as follows:
        1. One (1) member who is the Chair of the Senate Committee on Education or his or her designee;
        2. Two (2) members of the Senate Committee on Education appointed by the Chair of the Senate Committee on Education; and
        3. Four (4) members of the Senate appointed by the President Pro Tempore of the Senate.
      2. In the event that the Chair of the Senate Committee on Education and the President Pro Tempore of the Senate are the same person, the Vice Chair of the Senate Committee on Education shall make the appointments under subdivision (b)(1)(A)(ii) of this section;
      1. Seven (7) members of the House of Representatives as follows:
        1. One (1) member who is the Chair of the House Committee on Education or his or her designee;
        2. Two (2) members of the House Committee on Education to be appointed by the Chair of the House Committee on Education; and
        3. Four (4) members of the House to be appointed by the Speaker of the House of Representatives.
      2. In the event that the Chair of the House Committee on Education and the Speaker of the House of Representatives are the same person, the Vice Chair of the House Committee on Education shall make the appointments under subdivision (b)(2)(A)(ii) of this section; and
    1. The Director of the Division of Public School Academic Facilities and Transportation who shall serve as a nonvoting ex officio member.
  3. The Chair of the Senate Committee on Education or the chair's designee and the Chair of the House Committee on Education or the chair's designee shall serve as cochairs of the committee.
  4. If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the same manner as the original appointment.
    1. The Academic Facilities Oversight Committee shall meet upon the call of either or both of the cochairs of the Academic Facilities Oversight Committee.
    2. Eight (8) members of the Academic Facilities Oversight Committee shall constitute a quorum for the purpose of transacting business.
    3. A quorum is required for any action of the Academic Facilities Oversight Committee.

History. Acts 2005, No. 1424, § 1.

10-3-2202. Powers and duties.

  1. The Academic Facilities Oversight Committee shall:
    1. Oversee development and implementation of state statutory requirements with regard to providing constitutionally appropriate public school academic facilities and related equipment for all public schools in the State of Arkansas as necessary to provide an equal opportunity for an adequate education for all public school students in Arkansas;
    2. [Repealed.]
    3. Review and recommend policies and criteria for the repair, maintenance, renovation, remodeling, replacement, and construction of public school academic facilities;
    4. Oversee local and state expenditures related to providing constitutionally appropriate public school academic facilities and related equipment;
    5. Review the effectiveness of methods used to fund the cost of constitutionally appropriate public school academic facilities and equipment;
    6. Review the ongoing assessment, evaluation, and inspection of public school academic facilities to provide that constitutionally appropriate public school academic facilities are, and will continue to be, provided for public school students in Arkansas; and
    7. Use the opinions of the Supreme Court in the matter of Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002) and other legal precedent relevant to public school academic facilities.
      1. The Academic Facilities Oversight Committee shall report its findings and recommendations to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, the House Committee on Education, and the Senate Committee on Education no later than October 1 before each regular session of the General Assembly.
      2. Upon motion of the Academic Facilities Oversight Committee and approval by a quorum of the committee, the October 1 report deadline may be extended for a period to be determined by the Academic Facilities Oversight Committee.
    1. The report shall include for each recommendation, proposed implementation schedules with timelines, specific steps, agencies and persons responsible, and resources needed.
    2. When feasible, the Academic Facilities Oversight Committee shall propose plans, measures, and initiatives as recommendations for legislation or rules.

History. Acts 2005, No. 1424, § 1; 2017, No. 801, § 4; 2019, No. 315, § 748.

Amendments. The 2017 amendment repealed (a)(2).

The 2019 amendment substituted “rules” for “regulations” in (b)(3).

10-3-2203. Committee assistance.

  1. The Division of Elementary and Secondary Education, the Division of Career and Technical Education, the Division of Higher Education, the Division of Public School Academic Facilities and Transportation, and the Division of Public School Accountability shall provide the Academic Facilities Oversight Committee with assistance as requested by the Academic Facilities Oversight Committee.
  2. The Academic Facilities Oversight Committee may hire or contract with individuals or entities, both within the state and from out of state, for the purpose of obtaining staff or otherwise performing the duties of the Academic Facilities Oversight Committee to the extent funding is appropriated and available for that purpose.
  3. The Bureau of Legislative Research shall furnish reasonable staff assistance to the Academic Facilities Oversight Committee as may be requested by the Academic Facilities Oversight Committee.

History. Acts 2005, No. 1424, § 1; 2019, No. 910, § 2218.

Amendments. The 2019 amendment, in (a), substituted “Division of Elementary and Secondary Education” for “Department of Education”, “Division of Career and Technical Education” for “Department of Career Education”, and “Division of Higher Education” for “Department of Higher Education”.

10-3-2204. Meetings — Reimbursement of expenses.

  1. The Academic Facilities Oversight Committee shall function during the interim between regular session, fiscal sessions, or special sessions of the General Assembly, while the General Assembly is in session, and while the General Assembly is in recess.
  2. If the Academic Facilities Oversight Committee meets at a time when the General Assembly is not in session, the legislative members of the Academic Facilities Oversight Committee are entitled to per diem and mileage reimbursement at the rate for attending meetings of the Legislative Council. The per diem or mileage reimbursement shall be paid from funds appropriated for the payment of per diem and mileage for attendance at meetings of interim committees of the General Assembly.

History. Acts 2005, No. 1424, § 1; 2009, No. 962, § 26.

Amendments. The 2009 amendment inserted “session, fiscal sessions” following “regular” in (a).

Subchapter 23 — Arkansas Legislative Task Force on Abused and Neglected Children Act

10-3-2301. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the title of the subchapter, expired by its own terms June 30, 2017. The section was derived from Acts 2005, No. 2000, § 1; 2016 (3rd Ex. Sess.), No. 2, § 14; 2016 (3rd Ex. Sess.), No. 3, § 14.

10-3-2302. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the creation of the Arkansas Legislative Task Force on Abused and Neglected Children, expired by its own terms June 30, 2017. The section was derived from Acts 2005, No. 2000, § 1; 2007, No. 1035, § 1; 2009, No. 494, § 1; 2011, No. 1149, §§ 1-3; 2013, No. 149, §§ 1, 2; 2013, No. 980, § 5; 2015, No. 296, § 1; 2016 (3rd Ex. Sess.), No. 2, § 15; 2016 (3rd Ex. Sess.), No. 3, § 15.

10-3-2303. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the duties of the Arkansas Legislative Task Force on Abused and Neglected Children, expired by its own terms June 30, 2017. The section was derived from Acts 2005, No. 2000, § 1; 2016 (3rd Ex. Sess.), No. 2, § 16; 2016 (3rd Ex. Sess.), No. 3, § 16.

Subchapter 24 — Arkansas Legislative Task Force on Higher Education Remediation, Retention, and Graduation Rates

10-3-2401 — 10-3-2404. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Legislative Task Force on Higher Education Remediation, Retention, and Graduation Rates, was repealed by Acts 2009, No. 248, § 4. The subchapter was derived from the following sources:

10-3-2401. Acts 2007, No. 570, § 1.

10-3-2402. Acts 2007, No. 570, § 1.

10-3-2403. Acts 2007, No. 570, § 1.

10-3-2404. Acts 2007, No. 570, § 1.

Subchapter 25 — Arkansas Cyberinfrastructure Task Force Act

10-3-2501 — 10-3-2508. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Cyberinfrastructure Task Force Act, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, §§ 17-24. The subchapter was derived from the following sources:

10-3-2501. Acts 2009, No. 978, § 1.

10-3-2502. Acts 2009, No. 978, § 1.

10-3-2503. Acts 2009, No. 978, § 1.

10-3-2504. Acts 2009, No. 978, § 1; 2015 (1st Ex. Sess.), No. 7, § 75; 2015 (1st Ex. Sess.), No. 8, § 75.

10-3-2505. Acts 2009, No. 978, § 1.

10-3-2506. Acts 2009, No. 978, § 1.

10-3-2507. Acts 2009, No. 978, § 1.

10-3-2508. Acts 2009, No. 978, § 1.

Subchapter 26 — Arkansas Legislative Task Force on Autism Act

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-2601. Title.

This subchapter shall be known and may be cited as the “Arkansas Legislative Task Force on Autism Act”.

History. Acts 2009, No. 1272, § 1.

10-3-2602. Arkansas Legislative Task Force on Autism — Creation.

  1. The Arkansas Legislative Task Force on Autism is created.
  2. The task force shall consist of the following members:
    1. One (1) member of the House of Representatives, appointed by the Speaker of the House of Representatives;
    2. One (1) member of the Senate, appointed by the President Pro Tempore of the Senate;
    3. One (1) member who is an employee of the Division of Medical Services of the Department of Human Services, appointed by the Secretary of the Department of Human Services;
    4. One (1) member who is a board-certified behavior analyst, appointed by the Arkansas Psychology Board;
    5. One (1) member to represent Easter Seals, appointed by Easter Seals Arkansas;
    6. The Director of the Division of Developmental Disabilities Services of the Department of Human Services;
    7. The Behavior Intervention Coordinator of the Division of Elementary and Secondary Education;
    8. One (1) member to represent Arkansas Blue Cross and Blue Shield;
    9. One (1) member who is a pediatric physician who regularly works with autistic patients, appointed by the Dennis Developmental Center of the Department of Pediatrics of the University of Arkansas for Medical Sciences;
    10. One (1) member who is a clinical geneticist, appointed by the University of Arkansas for Medical Sciences;
    11. One (1) member to represent Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences;
    12. The Behavior Intervention Services Coordinator for the Division of Elementary and Secondary Education;
    13. The Associate Director of Special Education of the Division of Elementary and Secondary Education;
    14. One (1) public school Special Education Supervisor, appointed by the Arkansas Association of Special Education Administrators;
    15. One (1) member to represent the Arkansas Children's Research Institute, appointed by Arkansas Children's Hospital;
    16. Four (4) members who are parents or guardians of children with autism, appointed by the Speaker of the House of Representatives; and
    17. Four (4) members who are parents or guardians of children with autism, appointed by the President Pro Tempore of the Senate.
    1. The Speaker of the House of Representatives shall call the first of the task force meetings within thirty (30) days of July 31, 2009.
    2. At the first meeting, the members of the task force shall elect from the membership a chair and other officers as needed for the transaction of its business.
      1. The task force shall conduct its meetings in Pulaski County at the State Capitol.
      2. Meetings shall be held at least one (1) time every three (3) months but may occur more often at the call of the chair.
    1. If a vacancy occurs among the legislative members of the task force, the vacancy shall be filled by the same process as the original appointment.
    2. If a vacancy occurs among the nonlegislative members of the task force, the vacancy shall be filled by vote of the task force.
  3. The task force shall establish rules and procedures for conducting its business.
  4. A majority of the members of the task force shall constitute a quorum for transacting any business of the task force.
  5. The Bureau of Legislative Research shall provide staff for the task force.

History. Acts 2009, No. 1272, § 1; 2019, No. 910, §§ 2219-2221.

Amendments. The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (b)(3); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(7), (b)(12), and (b)(13).

10-3-2603. Arkansas Legislative Task Force on Autism — Duties.

  1. The Arkansas Legislative Task Force on Autism shall:
    1. Examine how the State of Arkansas responds to autism and autism spectrum disorders;
    2. Determine the best practices to treat autism and autism spectrum disorders;
    3. Recommend more efficient methods for treating autism and autism spectrum disorders;
    4. Recommend how to obtain more federal funds for treating autism and autism spectrum disorders and provide special education to children with autism and autism spectrum disorders; and
    5. Recommend to the General Assembly specific changes to the law that will improve treatment of autism and autism spectrum disorders and improve the provision of special education to children with autism and autism spectrum disorders.
  2. On or before August 31 of each year, the task force shall provide the General Assembly with a written explanation of the recommended legislative changes.

History. Acts 2009, No. 1272, § 1.

Subchapter 27 — Arkansas Health Insurance Marketplace Legislative Oversight Committee

Effective Dates. Acts 2013, No. 1500, § 5: Apr. 23, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, allow each state to establish a health insurance marketplace or opt to participate in a health insurance marketplace operated by the United States Department of Health and Human Services; that the state has elected to create a state-based marketplace effective on July 1, 2015; and that this act should become effective at the earliest opportunity to begin the process of planning for the implementation of a state-based marketplace and transitioning to a state-based marketplace. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-3-2701. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Health Insurance Marketplace Legislative Oversight Committee, was repealed by identical Acts 2017 (1st Ex. Sess.), Nos. 4 and 5, § 4. The section was derived from Acts 2013, No. 1500, § 2.

Subchapter 28 — Legislative Task Forces Concerning Criminal Justice

Effective Dates. Acts 2015, No. 895, § 49: Apr. 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that prison overcrowding is one of the largest problems currently burdening the state both from a public safety and budgetary standpoint; that safe and effective measures are needed to immediately combat this problem; and that this act is immediately necessary because in the interests of public safety and the state budget the Department of Correction, Department of Community Correction, Department of Human Services, and the Parole Board should be allowed to immediately implement these new measures. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-2801. [Expired.]

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Publisher's Notes. This section, concerning the Legislative Criminal Justice Oversight Task Force, expired by its own terms September 30, 2017. The section was derived from Acts 2015, No. 895, § 4; 2016 (3rd Ex. Sess.), No. 2, § 25; 2016 (3rd Ex. Sess.), No. 3, § 25.

10-3-2802. Interagency Task Force for the Implementation of Criminal Justice Prevention Initiatives. [Expired.]

      1. There is created the Interagency Task Force for the Implementation of Criminal Justice Prevention Initiatives.
      2. The purpose of the task force is to coordinate the implementation of initiatives and strategies designed to promote efficiency and safety in the criminal justice system as well as promote justice reinvestment goals.
    1. The Governor's office shall provide staff support for the task force.
  1. The task force shall be composed of the following seventeen (17) members, as follows:
    1. Seven (7) members shall be appointed by the Governor:
      1. One (1) member who is a circuit court judge;
      2. One (1) member who is a district court judge;
      3. One (1) member who is a county sheriff;
      4. One (1) member who is a county judge;
      5. One (1) member who is appointed by and who represents the Governor; and
      6. Two (2) members who are prosecuting attorneys;
    2. Two (2) members of the Senate appointed by the President Pro Tempore of the Senate;
    3. Two (2) members of the House of Representatives appointed by the Speaker of the House of Representatives;
    4. One (1) member appointed by the Secretary of the Department of Human Services who represents the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
    5. The Chair of the Board of Corrections or his or her designee;
    6. The Chair of the Parole Board or his or her designee;
    7. The Director of the Division of Correction or his or her designee;
    8. The Director of the Division of Community Correction or his or her designee; and
    9. The Attorney General or his or her designee.
    1. The task force shall meet on or before the thirtieth day after September 1, 2017, at the call of the member appointed by and who represents the Governor, and organize itself by electing one (1) of its members as Chair of the Interagency Task Force for the Implementation of Criminal Justice Prevention Initiatives and other officers as the task force may consider necessary.
    2. Thereafter, the task force shall meet at least quarterly and at the call of the chair or by a majority of the members.
    3. A quorum of the task force consists of nine (9) members.
  2. The task force has the following powers and duties:
    1. To track the implementation of and evaluate compliance with this act;
    2. To review performance and outcome measure reports submitted semiannually by the Division of Correction, the Division of Community Correction, the Parole Board, the Board of Corrections, the Arkansas Sentencing Commission, and the Specialty Court Program Advisory Committee under this act and evaluate the impact;
    3. To develop quality assurance reporting on the implementation of policies and the expenditure of resource investments related to the justice reinvestment policies and reinvestments; and
      1. To prepare and submit an annual report of the performance and outcome measures that are part of this act to the Legislative Council, the Governor, and the Chief Justice of the Supreme Court.
      2. The annual report shall include recommendations for improvements and a summary of savings generated and the impact on public safety resulting from this act.
  3. Members of the task force shall receive no pay for their services, but each member may receive expense reimbursement in accordance with § 25-16-901 et seq.
  4. This section expires on July 1, 2019.

History. Acts 2017, No. 423, § 5; 2019, No. 910, §§ 5151-5153.

Amendments. The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (b)(4); substituted “Director of the Division of Correction” for “Director of the Department of Correction” in (b)(7); substituted “Director of the Division of Community Correction” for “Director of the Department of Community Correction” in (b)(8); and, in (d)(2), substituted “Division of Correction” for “Department of Correction” and substituted “Division of Community Correction” for “Department of Community Correction”.

Meaning of “this act”. Acts 2017, No. 423, codified as §§ 5-4-303, 5-4-312, 6-64-1201 [repealed], 6-64-1202 [repealed], 10-3-2802, 12-6-601, 12-9-119, 12-11-110 [repealed], 12-12-219, 12-27-127, 12-27-149, 12-41-108, 16-90-803, 16-90-804, 16-93-101, 16-93-306, 16-93-30816-93-310, 16-93-705, 16-93-712, 16-93-715, 16-93-1202, 16-98-303, 20-47-10120-47-104 [repealed], 20-47-105, 20-47-106, 20-47-107 [repealed], 20-47-109, 20-47-80120-47-813.

Subchapter 29 — Specialty Court Program Advisory Committee

Effective Dates. Acts 2015, No. 895, § 49: Apr. 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that prison overcrowding is one of the largest problems currently burdening the state both from a public safety and budgetary standpoint; that safe and effective measures are needed to immediately combat this problem; and that this act is immediately necessary because in the interests of public safety and the state budget the Department of Correction, Department of Community Correction, Department of Human Services, and the Parole Board should be allowed to immediately implement these new measures. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

10-3-2901. Specialty Court Program Advisory Committee.

  1. There is created a Specialty Court Program Advisory Committee.
  2. The committee shall consist of the following members:
    1. The Chief Justice of the Supreme Court or the Chief Justice's designee who shall serve as Chair of the Specialty Court Program Advisory Committee;
    2. The Director of the Administrative Office of the Courts or the director's designee;
    3. Three (3) circuit court judges who preside over a specialty court program as defined under § 16-10-139(a) to be appointed by the Arkansas Judicial Council, Inc.;
    4. Three (3) district court judges who preside over a specialty court program as defined under § 16-10-139(a) to be appointed by the Arkansas District Judges Council, Inc.;
    5. One (1) circuit court judge who presides over a juvenile drug court program to be appointed by the Arkansas Judicial Council, Inc.;
    6. The Director of the Department of Community Correction or the director's designee;
    7. The Secretary of the Department of Human Services or the secretary's designee;
    8. The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or the director's designee;
    9. A prosecutor appointed by the Prosecutor Coordinator;
    10. A public defender appointed by the Executive Director of the Arkansas Public Defender Commission;
    11. A member of the Senate appointed by the President Pro Tempore of the Senate;
    12. A member of the House of Representatives appointed by the Speaker of the House of Representatives; and
    13. The Arkansas Drug Director or the director's designee.
  3. The chair or the chair's designee shall promptly call the first meeting within thirty (30) days after April 1, 2015.
    1. The committee shall conduct its meetings at the State Capitol Building or at any place designated by the chair or the chair's designee.
    2. Meetings shall be held at least one (1) time every three (3) months but may occur more often at the call of the chair.
  4. If any vacancy occurs on the committee, the vacancy shall be filled by the same process as the original appointment.
  5. The committee shall establish rules and procedures for conducting its business.
  6. Members of the committee shall serve without compensation.
  7. A majority of the members of the committee shall constitute a quorum for transacting any business of the committee.
  8. The committee is established to:
    1. Promote collaboration and provide recommendations on issues involving adult and juvenile specialty courts; and
    2. Design and complete the comprehensive evaluation of adult and juvenile specialty court programs as required by § 16-10-139.

History. Acts 2015, No. 895, § 5; 2017, No. 326, § 1; 2017, No. 913, § 36; 2019, No. 910, § 5154.

A.C.R.C. Notes. Acts 2015, No. 895, § 1, provided: “Legislative intent. It is the intent of the General Assembly to implement wide-ranging reforms to the criminal justice system in order to address prison overcrowding, promote seamless reentry into society, reduce medical costs incurred by the state and local governments, aid law enforcement agencies in fighting crime and keeping the peace, and to enhance public safety.”

Amendments. The 2017 amendment by No. 326 substituted “Three (3) district court judges who preside” for “One (1) district court judge who presides” in (b)(4).

The 2017 amendment by No. 913 substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (b)(8).

The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” and “secretary’s designee” for “director’s designee” in (b)(7).

Subchapter 30 — Behavioral Health Treatment Access Legislative Task Force

Effective Dates. Acts 2015, No. 895, § 49: Apr. 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that prison overcrowding is one of the largest problems currently burdening the state both from a public safety and budgetary standpoint; that safe and effective measures are needed to immediately combat this problem; and that this act is immediately necessary because in the interests of public safety and the state budget the Department of Correction, Department of Community Correction, Department of Human Services, and the Parole Board should be allowed to immediately implement these new measures. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-3-3001. Behavioral Health Treatment Access Legislative Task Force. [Expired.]

    1. There is created a Behavioral Health Treatment Access Legislative Task Force responsible for ensuring that persons in the criminal justice system who have a demonstrated need for behavioral health treatment have access to treatment.
    2. The Bureau of Legislative Research shall provide staff support for the task force.
  1. The task force is composed of no more than nine (9) members, as follows:
    1. No more than four (4) members may be appointed by the Governor from the following persons:
      1. No more than one (1) member who is engaged in providing substance abuse treatment in the private sector;
      2. No more than one (1) member who is engaged in providing mental health treatment in the private sector; and
      3. No more than two (2) members of the general public who advocate for access to behavioral health services;
    2. The Director of the Department of Community Correction or his or her designee;
    3. The Deputy Chief Counsel of the Office of Chief Counsel of the Department of Human Services or his or her designee;
    4. The Insurance Commissioner or his or her designee;
    5. One (1) member of the General Assembly to be appointed by the President Pro Tempore of the Senate; and
    6. One (1) member of the General Assembly to be appointed by the Speaker of the House of Representatives.
    1. The task force shall organize itself by electing such other officers as the task force may consider necessary.
    2. The task force is to meet at least quarterly and as often as necessary and at the call of the Chair of the Behavioral Health Treatment Access Legislative Task Force or a majority of the members.
    3. A quorum of the task force consists of five (5) members.
  2. The task force has the following powers and duties:
    1. To facilitate access to behavioral health treatment programs;
    2. To coordinate with other public and private entities to develop and promote access;
    3. To take steps to reduce costs and encourage evidence-based care;
    4. To assess feasibility and make recommendation for changes to state programs to improve access; and
    5. To prepare and submit an annual report by December 1 of each year to the Governor and the Legislative Council.
  3. This section shall expire on September 30, 2017.

History. Acts 2015, No. 895, § 6; 2016 (3rd Ex. Sess.), No. 2, § 26; 2016 (3rd Ex. Sess.), No. 3, § 26.

A.C.R.C. Notes. Acts 2015, No. 895, § 1, provided: “Legislative intent. It is the intent of the General Assembly to implement wide-ranging reforms to the criminal justice system in order to address prison overcrowding, promote seamless reentry into society, reduce medical costs incurred by the state and local governments, aid law enforcement agencies in fighting crime and keeping the peace, and to enhance public safety.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 126, provided:

“(a) Except as provided in this section, provisions of this act altering the appointment structure of a task force, commission, committee, or other governmental entity shall not shorten the term of any member of the task force, commission, committee, or other governmental entity but shall be implemented by the filling of vacancies.

“(b) The Governor may remove a member of the Arkansas Governor's Mansion Commission who was appointed to the commission before the effective date [May 23, 2016] of Section 85 of this act.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Office of Chief Counsel of” for “General Counsel Section for” in (b)(3); deleted “meet on or before the thirtieth day after April 1, 2015, at the call of the member of the General Assembly appointed by the President Pro Tempore of the Senate, and” following “shall” in (c)(1); deleted “Thereafter” from the beginning of (c)(2); and added (e).

Subchapter 31 — Highway Commission Review and Advisory Subcommittee of the Legislative Council

A.C.R.C. Notes. Acts 2016 (3rd Ex. Sess.), No. 1, § 1, provided: “This act shall be known and may be cited as the ‘Arkansas Highway Improvement Plan of 2016’.”

Effective Dates. Acts 2016 (3rd Ex. Sess.), No. 1, § 23: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas bridges and roads are in need of repair and proper maintenance; that the repair and proper maintenance of Arkansas bridges and roads are necessary for the preservation of the public peace, health, and safety; that increased funding is essential to the repair and proper maintenance of Arkansas bridges and roads; that this act is designed to provide the necessary funding that is essential to the repair and proper maintenance of Arkansas bridges and roads, and this act is necessary because without this increased funding, the repair and proper maintenance of Arkansas bridges and roads may not be performed. Therefore, an emergency is declared to exist, and Sections 1-8, 13, 15, 18-21 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2016.”

10-3-3101. Creation.

  1. The Highway Commission Review and Advisory Subcommittee of the Legislative Council is created.
    1. The Highway Commission Review and Advisory Subcommittee of the Legislative Council shall consist of twenty (20) members with at least four (4) or more members of the General Assembly from each congressional district of the state.
    2. The Legislative Council, through a suspension of its rules, may alter the membership of the Highway Commission Review and Advisory Subcommittee of the Legislative Council.

History. Acts 2016 (3rd Ex. Sess.), No. 1, § 3.

10-3-3102. Duties.

  1. The Highway Commission Review and Advisory Subcommittee of the Legislative Council shall review:
      1. Proposed rules of the State Highway Commission required under § 27-65-107(a)(18)(A).
        1. Subdivision (a)(1)(A) of this section is limited to rule review only.
        2. Rules promulgated by the State Highway Commission are not subject to approval by the Highway Commission Review and Advisory Subcommittee of the Legislative Council, the Legislative Council, or the Administrative Rules Subcommittee of the Legislative Council under this section or § 10-3-309; and
    1. Other State Highway Commission matters the Highway Commission Review and Advisory Subcommittee of the Legislative Council considers necessary to perform its duties under this section.
  2. The Highway Commission Review and Advisory Subcommittee of the Legislative Council shall perform such other duties as may be assigned to it by the Legislative Council.
  3. As a subcommittee of the Legislative Council, actions of the Highway Commission Review and Advisory Subcommittee of the Legislative Council shall be reported to the Legislative Council for final consideration and adoption.

History. Acts 2016 (3rd Ex. Sess.), No. 1, § 3; 2019, No. 315, § 749.

Amendments. The 2019 amendment substituted “Administrative Rules Subcommittee” for “Administrative Rules and Regulations Subcommittee” in (a)(1)(B)(ii).

Subchapter 32 — Child Maltreatment Investigations Oversight Committee

10-3-3201. Legislative intent.

The General Assembly intends to establish the Child Maltreatment Investigations Oversight Committee as a mechanism to promote transparency and efficiency concerning procedures of child maltreatment investigations in this state.

History. Acts 2017, No. 713, § 1.

10-3-3202. Child Maltreatment Investigations Oversight Committee — Creation — Membership — Meetings — Definition.

    1. There is created a legislative committee to be known as the “Child Maltreatment Investigations Oversight Committee” that shall review and evaluate:
      1. The conduct of child maltreatment investigations completed by the Division of Children and Family Services of the Department of Human Services or the Crimes Against Children Division of the Division of Arkansas State Police; and
      2. Service delivery to children and families involved in an investigation of child maltreatment.
    2. All cases that are reviewed and evaluated under this section shall:
      1. Be completed investigations of child maltreatment; and
      2. Not be associated with a pending dependency-neglect case.
    1. The Child Maltreatment Investigations Oversight Committee shall be composed of the following members:
      1. The Director of the Division of Children and Family Services of the Department of Human Services, or his or her designee;
      2. The Commander of the Crimes Against Children Division of the Division of Arkansas State Police, or his or her designee;
      3. One (1) representative from the Governor's office, as selected by the Governor;
      4. One (1) attorney who is employed as parent counsel;
      5. One (1) dependency-neglect attorney ad litem;
      6. One (1) attorney who:
        1. Has experience representing parents in child welfare cases; and
        2. Is not contracted by the state;
      7. One (1) judge or justice, who may be a retired judge or justice;
      8. One (1) current or former representative from the court-appointed special advocate program;
      9. One (1) representative from a child advocacy center;
        1. One (1) parent who was previously designated as a subject of the report.
        2. As used in subdivision (b)(1)(J)(i) of this section, “subject of the report” means:
          1. The offender;
          2. The custodial and noncustodial parents, guardians, and legal custodians of the child who is subject to suspected maltreatment; and
          3. The child who is the subject of suspected maltreatment;
      10. One (1) adult who was previously in the custody of the state as a foster child due to a true finding of child maltreatment or neglect;
      11. One (1) current foster parent;
        1. The Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs or his or her designee.
        2. The Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs shall be a nonvoting ex officio member of the Child Maltreatment Investigations Oversight Committee if he or she appoints a designee under subdivision (b)(1)(M)(i) of this section;
        1. The Chair of the Senate Interim Committee on Children and Youth or his or her designee.
        2. The Chair of the Senate Interim Committee on Children and Youth shall be a nonvoting ex officio member of the Child Maltreatment Investigations Oversight Committee if he or she appoints a designee under subdivision (b)(1)(N)(i) of this section;
      12. Two (2) members of the General Assembly who are members of the:
        1. House Committee on Aging, Children and Youth, Legislative and Military Affairs; or
        2. Senate Interim Committee on Children and Youth;
        1. One (1) current or former member of the General Assembly who is a current or former member of the:
          1. House Committee on Aging, Children and Youth, Legislative and Military Affairs; or
          2. Senate Interim Committee on Children and Youth.
        2. The current or former member of the General Assembly under subdivision (b)(1)(P)(i) of this section shall be appointed by the Governor;
      13. The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee;
      14. An attorney who practices dependency-neglect appellate law, who shall be selected by the Chair of the Child Maltreatment Investigations Oversight Committee; and
      15. The Executive Director of the Commission for Parent Counsel or his or her designee.
    2. Unless otherwise provided under this section, the members listed under subdivisions (b)(1)(A)-(S) of this section shall be selected by the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth in consultation with members of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.
    3. The members of the Child Maltreatment Investigations Oversight Committee annually shall elect from their legislative membership the Chair of the Child Maltreatment Investigations Oversight Committee.
    1. Members of the Child Maltreatment Investigations Oversight Committee shall serve three-year staggered terms.
      1. A current or former legislative member of the Child Maltreatment Investigations Oversight Committee shall serve for a term that expires following the general election that occurs after he or she is chosen to serve on the Child Maltreatment Investigations Oversight Committee, and until his or her replacement is selected or appointed under this section.
      2. A current or former legislative member of the Child Maltreatment Investigations Oversight Committee under subdivision (c)(2)(A) of this section may be appointed or selected to serve consecutive terms.
      1. The Chair of the Child Maltreatment Investigations Oversight Committee shall guide the Child Maltreatment Investigations Oversight Committee in its discussion, evaluation, and review of the:
        1. Conduct of child maltreatment investigations completed by the Division of Children and Family Services of the Department of Human Services or the Crimes Against Children Division of the Division of Arkansas State Police; and
        2. Service delivery to children and families involved in an investigation of child maltreatment.
      2. Guidance from the Chair of the Child Maltreatment Investigations Oversight Committee under subdivision (d)(1)(A) of this section shall include without limitation:
        1. Selection of closed child maltreatment cases to be considered by the Child Maltreatment Investigations Oversight Committee; and
        2. Criteria by which to evaluate the conduct of child maltreatment investigations and service delivery under subdivisions (d)(1)(A)(i) and (ii) of this section.
    1. A member of the General Assembly may submit a case to the Child Maltreatment Investigations Oversight Committee for discussion, evaluation, and review.
  1. Staff for the meetings of the Child Maltreatment Investigations Oversight Committee shall be provided by the Bureau of Legislative Research.
  2. The following persons may attend a meeting of the Child Maltreatment Investigations Oversight Committee:
    1. No more than three (3) employees of the Department of Human Services who are selected by the Director of the Division of Children and Family Services of the Department of Human Services or by his or her designee who may be selected under subdivision (b)(1)(A) of this section;
    2. No more than three (3) employees of the Crimes Against Children Division of the Division of Arkansas State Police who are selected by the Commander of the Crimes Against Children Division or by his or her designee who may be selected under subdivision (b)(1)(B) of this section;
    3. No more than five (5) members of the General Assembly who are:
      1. Not members of the Child Maltreatment Investigations Oversight Committee; and
      2. Selected by the Chair of the Child Maltreatment Investigations Oversight Committee; and
      1. A member of the General Assembly who submits a case to the Child Maltreatment Investigations Oversight Committee for discussion, evaluation, and review.
      2. A member of the General Assembly who submits a case to the Child Maltreatment Investigations Oversight Committee shall not participate in any discussion, evaluation, or review of the case that occurs during a meeting of the Child Maltreatment Investigations Oversight Committee.

History. Acts 2017, No. 713, § 1; 2019, No. 1081, §§ 1-4.

A.C.R.C. Notes. Acts 2017, No. 713, § 2, provided:

“(a) The membership of the Child Maltreatment Investigations Oversight Committee shall be determined within sixty (60) days of the effective date of this act [Aug. 1, 2017].

“(b) The Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth shall call the first meeting.

“(c) At the first meeting, the initial members of the Child Maltreatment Investigations Oversight Committee shall:

“(1) Determine by lot their respective staggered terms; and

“(2) Elect from its legislative membership the Chair of the Child Maltreatment Investigations Oversight Committee.”

Amendments. The 2019 amendment rewrote (b)(1); deleted the introductory language of former (b)(2) and redesignated the remainder of former (b)(2) as part of (b)(1); rewrote (b)(1)(M); inserted (b)(1)(N); redesignated and rewrote former (b)(1)(N) as (b)(1)(O); redesignated former (b)(1)(O) as (b)(1)(P); added (b)(1)(Q) through (b)(1)(S); added (b)(2) and (b)(3); redesignated former (d)(1) and (d)(2) as (d)(1)(A) and (d)(1)(B); added (d)(2); added (f); and updated internal references and made stylistic changes.

10-3-3203. Confidentiality — Unlawful disclosure.

  1. Except as otherwise provided under § 10-3-3202(f), the meetings of the Child Maltreatment Investigations Oversight Committee are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq.
  2. Correspondence between Child Maltreatment Investigations Oversight Committee members and information considered by the Child Maltreatment Investigations Oversight Committee in furtherance of the goals of the Child Maltreatment Investigations Oversight Committee are exempt from public inspection and copying under the Freedom of Information Act of 1967, § 25-19-101 et seq.
    1. A member of the Child Maltreatment Investigations Oversight Committee may have access to and may disclose any child maltreatment record to the extent authorized by:
      1. This subchapter;
      2. The Child Maltreatment Act, § 12-18-101 et seq.; and
      3. Any other law of this state concerning child maltreatment records.
    2. Except as provided under subdivisions (c)(3) and (4) of this section, a member of the Child Maltreatment Investigations Oversight Committee shall not disclose to any other person:
      1. Any child maltreatment record obtained during or in relation to a meeting of the Child Maltreatment Investigations Oversight Committee; and
      2. The details of a discussion related to any child maltreatment record that occurs during or in relation to a meeting of the Child Maltreatment Investigations Oversight Committee.
    3. A legislative member of the Child Maltreatment Investigations Oversight Committee, acting in his or her official capacity, may disclose information from a child maltreatment record that is obtained under this section to:
      1. Federal, state, and local governmental entities, or any agent of such entities, that have a need for such information to carry out their responsibilities under law to protect children from maltreatment;
        1. Acting in their official capacities under law to protect children, individual United States and Arkansas senators and representatives and their authorized staff members but only if they agree not to permit redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.
        2. However, disclosure shall not be made to any public committee or legislative body; and
      2. Acting in their official capacities under law to protect children, the Governor and the Governor's authorized staff members but only if they agree not to permit redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.
    4. Information obtained under this section may be disclosed to the Governor by a member of the Child Maltreatment Investigations Oversight Committee who serves on the Child Maltreatment Investigations Oversight Committee as:
      1. The representative from the Governor's office selected by the Governor under § 10-3-3202(b)(1)(C); or
      2. The current or former member of the General Assembly appointed by the Governor under § 10-3-3202(b)(1)(P)(ii).
    1. A person commits the offense of unlawful disclosure of data or information under this subchapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this subchapter.
    2. Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.

History. Acts 2017, No. 713, § 1; 2019, No. 1081, §§ 5, 6.

Amendments. The 2019 amendment added “Except as otherwise provided under § 10-3-3202(f), the” in (a); and rewrote (c).

10-3-3204. Report.

  1. The Child Maltreatment Investigations Oversight Committee shall submit its findings and recommendations contained in a report at least annually to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.
  2. The report shall not contain information that identifies:
    1. A subject of a report of child maltreatment; or
    2. The person who made the report of child maltreatment.

History. Acts 2017, No. 713, § 1.

10-3-421. [Repealed.]

10-3-820. Joint Interim Committee on Energy — Members — Duties.

10-3-1320. Interim operation — Vacancies.

Chapter 4 Legislative Audit

Subchapter 1 — State Audits

Effective Dates. Acts 2005, No. 906, § 3: Mar. 16, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; that public disclosure of unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees; and that this act is immediately necessary to prevent unnecessary and unintended harm. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2201, § 12: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Legislative Joint Auditing Committee and the Division of Legislative Audit provide essential auditing and investigative services to the General Assembly and the State of Arkansas; that to avoid confusion, the General Assembly finds it is necessary to combine the Arkansas Code provisions concerning the Division of Legislative Audit and the local audit section of the division in one Arkansas Code chapter; that to avoid certain undue hardships on public entities of the state, it is also necessary for the General Assembly to provide a basis of financial statement presentation for certain public entities; that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; and that this act is immediately necessary because the General Assembly finds that the public disclosure of such unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-4-101 — 10-4-119. [Repealed.]

Publisher's Notes. This subchapter, concerning the Division of Legislative Audit and the Legislative Auditor, was repealed by Acts 2005, No. 2201, § 11. The subchapter was derived from the following sources:

10-4-101. Acts 1955, No. 105, § 8; A.S.A. 1947, § 13-1501.

10-4-102. Acts 1955, No. 105, §§ 9, 17, 18; A.S.A. 1947, §§ 13-1502, 13-1510, 13-1511.

10-4-103. Acts 1955, No. 105, §§ 9, 11; A.S.A. 1947, §§ 13-1502, 13-1504.

10-4-104. Acts 1955, No. 105, § 11; A.S.A. 1947, § 13-1504.

10-4-105. Acts 1955, No. 105, §§ 10, 11; A.S.A. 1947, §§ 13-1503, 13-1504.

10-4-106. Acts 1955, No. 105, §§ 12, 16; 1983, No. 553, § 1; 1985, No. 258, § 4; A.S.A. 1947, §§ 13-1505, 13-1509; Acts 1987, No. 358, § 4; 1989, No. 580, § 1; 1989 (1st Ex. Sess.), No. 146, § 4.

10-4-107. Acts 1955, No. 105, § 16; A.S.A. 1947, § 13-1509.

10-4-108. Acts 1955, No. 105, § 17; A.S.A. 1947, § 13-1510.

10-4-109. Acts 1955, No. 105, § 13; A.S.A. 1947, § 13-1506.

10-4-110. Acts 1955, No. 105, § 13; A.S.A. 1947, § 13-1506.

10-4-111. Acts 1955, No. 105, § 15; 1973, No. 96, § 1; A.S.A. 1947, § 13-1508; Acts 1993, No. 179, § 1; 2001, No. 1038, § 2; 2003, No. 1473, § 20.

10-4-112. Acts 1955, No. 105, § 20; A.S.A. 1947, § 13-1513.

10-4-113. Acts 1955, No. 105, § 22; A.S.A. 1947, § 13-1515.

10-4-114. Acts 1955, No. 105, § 19; 1975, No. 928, § 5; A.S.A. 1947, § 13-1512.

10-4-115. Acts 1955, No. 105, § 14; A.S.A. 1947, § 13-1507; Acts 1987, No. 436, §§ 1-3; 1987, No. 505, §§ 1-3.

10-4-116. Acts 1955, No. 105, § 21; A.S.A. 1947, § 13-1514.

10-4-117. Acts 1983, No. 449, §§ 1-3; 1983, No. 502, §§ 1-3; A.S.A. 1947, §§ 13-1525 — 13-1527.

10-4-118. Acts 1981, No. 221, § 1; 1981, No. 465, § 1; A.S.A. 1947, § 13-1524.

10-4-119. Acts 1987, No. 370, § 1; 1991, No. 247, § 1.

Sections 10-4-111 and 10-4-115 were also amended by Acts 2005, No. 1165, § 1 and No. 906, § 1 respectively, which were subsequently subject to this repeal.

Acts 2005, No. 906, § 1, effective March 16, 2005 amended § 10-4-115(c)(2) as follows:

“(2) After any audit report has been presented to the Legislative Joint Auditing Committee members, that audit report and copies of any documents contained in the working papers of the division shall be open to public inspection, except:

“(A) Documents specifically exempted from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;

“(B) Unsubstantiated allegations obtained in complying with the provisions of the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 or other professional guidelines regarding the detection of fraud; and

“(C) Documents which disclose auditing procedures and techniques as defined in subdivision (c)(3) of this section.”

Subchapter 2 — Local Audits

Effective Dates. Acts 2005, No. 424, § 2: Mar. 2, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the provisions of this act are of critical importance to preserve the efficient operations of the Division of Legislative Audit and provide the flexibility needed to supply the General Assembly and the Legislative Joint Auditing Committee information vital and necessary to fulfill their constitutional and statutory mandates. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 906, § 3: Mar. 16, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; that public disclosure of unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees; and that this act is immediately necessary to prevent unnecessary and unintended harm. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1444, § 2: Mar. 31, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Statement No. 34 of the Governmental Accounting Standards Board, ‘Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments’, places undue burdens on many school districts within the State of Arkansas; that the school districts in the State of Arkansas already face many pressures and requirements regarding accountability and that another basis of financial statement presentation will meet the needs of the General Assembly, the Department of Education, the school districts, and the people of the State of Arkansas; and that this act is immediately necessary to assist school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1524, § 2: Mar. 31, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Statement No. 34 of the Governmental Accounting Standards Board, ‘Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments’, places an undue burden on the prosecuting attorneys within the State of Arkansas; that prosecuting attorneys in the State of Arkansas already face many pressures and requirements and do not have adequate personnel to prepare financial statements as required by Statement No. 34, and another basis of financial statement presentation will meet the needs of the General Assembly, the Department of Education, the school districts, and the people of the State of Arkansas; and that this act is immediately necessary to assist prosecuting attorneys. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2201, § 12: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Legislative Joint Auditing Committee and the Division of Legislative Audit provide essential auditing and investigative services to the General Assembly and the State of Arkansas; that to avoid confusion, the General Assembly finds it is necessary to combine the Arkansas Code provisions concerning the Division of Legislative Audit and the local audit section of the division in one Arkansas Code chapter; that to avoid certain undue hardships on public entities of the state, it is also necessary for the General Assembly to provide a basis of financial statement presentation for certain public entities; that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; and that this act is immediately necessary because the General Assembly finds that the public disclosure of such unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

10-4-201 — 10-4-219. [Repealed.]

Publisher's Notes. This subchapter, concerning local audits, was repealed by Acts 2005, No. 2201, § 11. The subchapter was derived from the following sources:

10-4-201. Acts 1969, No. 286, § 2; A.S.A. 1947, § 13-1517.

10-4-202. Acts 1973, No. 191, § 1; A.S.A. 1947, § 13-209; Acts 1993, No. 484, § 1; 1993, No. 1276, § 2; 1999, No. 636, § 1.

10-4-203. Acts 1973, No. 191, § 1; A.S.A. 1947, § 13-209.

10-4-204. Acts 1973, No. 191, § 1; A.S.A. 1947, § 13-209.

10-4-205. Acts 1973, No. 191, § 1; A.S.A. 1947, § 13-209; Acts 1987, No. 436, §§ 1-3; 1987, No. 505, §§ 1-3.

10-4-206. Acts 1969, No. 619, §§ 5, 6; 1973, No. 191, § 1; A.S.A. 1947, § 13-209; Acts 1987, No. 207, § 1.

10-4-207. Acts 1961, No. 183, § 1; A.S.A. 1947, § 13-211.

10-4-208. Acts 1985, No. 29, §§ 1, 2; 1985, No. 66, §§ 1, 2; A.S.A. 1947, §§ 13-1528, 13-1529; Acts 1991, No. 4, § 1.

10-4-209. Acts 1985, No. 960, § 1; A.S.A. 1947, § 24-106.1.

10-4-210. Acts 1977, No. 248, § 1; A.S.A. 1947, § 13-1518.

10-4-211. Acts 1977, No. 248, § 2; A.S.A. 1947, § 13-1519.

10-4-212. Acts 1977, No. 248, § 3; A.S.A. 1947, § 13-1520.

10-4-213. Acts 1977, No. 248, §§ 3, 4; A.S.A. 1947, §§ 13-1520, 13-1521.

10-4-214. Acts 1977, No. 832, § 1; A.S.A. 1947, § 13-1522.1.

10-4-215. Acts 1977, No. 537, § 1; A.S.A. 1947, § 13-1523.

10-4-216. Acts 1973, No. 191, § 1; A.S.A. 1947, § 13-209.

10-4-217. Acts 1973, No. 191, § 1; 1975, No. 332, § 1; A.S.A. 1947, § 13-209.

10-4-218. Acts 1959, No. 422, § 10; A.S.A. 1947, § 13-210.

10-4-219. Acts 1991, No. 187, § 1.

Section 10-4-202 was also amended by Acts 2005, No. 424, § 1, effective March 2, 2005, to read as follows:

“10-4-202. Audits authorized — Independent audits.

“(a) The Legislative Auditor has the power and duty, acting through his or her duly authorized employees, to conduct audits of the records and accounts of all offices, officials, or employees of counties, municipalities, school districts, county school boards, and educational cooperatives.

“(b) Nothing contained in subsection (a) of this section shall be so construed as to abridge the right of any school district, or any educational cooperative to choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct these audits and present financial statements in accordance with:

“(1) Regulations prescribed by the:

“(A) State Board of Education; or

“(B) Department of Education; or, in the alternative

“(2) The guidelines and format of the:

“(A) Government Accounting Standards Board;

“(B) American Institute of Certified Public Accountants; and

“(C) United States Government Accountability Office.

“(c)(1) Nothing contained in subsection (a) of this section shall be construed to abridge the right of a municipality to choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct audits and present financial statements as outlined in this subsection.

“(2)(A) The financial statements shall be presented on a fund basis with, as a minimum:

“(i) The general fund and the street or road fund presented separately; with

“(ii) All other funds included in the audit presented in the aggregate.

“(B) The financial statements shall consist of:

“(i) A balance sheet;

“(ii) A statement of revenues (receipts); expenditures (disbursements), and changes in fund equity (balance);

“(iii) A comparison of the final adopted budget to the actual expenditures (disbursements) for the general fund and street or road fund of the entity; and

“(iv) Notes to the financial statements.

“(C) The report shall include as supplemental information a schedule of general fixed assets, including land, buildings, and equipment.

“(3) In the alternative, upon the adoption of an annual resolution by the governing body of the municipality or county, the audit may be performed in accordance with guidelines and format prescribed by the Government Accounting Standards Board, the American Institute of Certified Public Accountants, and the United States Government Accountability Office.

“(4) For the purposes of this section, an audit shall be planned, conducted, and the results of the work reported in accordance with generally accepted government auditing standards, if applicable.

“(d)(1) As an alternative to an audit, the Legislative Auditor may conduct an agreed-upon procedures engagement of the records and accounts of all municipal or county offices, officials, or employees.

“(2) Unless otherwise provided by law, the governing body of a municipality may choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct agreed-upon procedures engagements.

“(3) For the purposes of this section, agreed-upon procedures engagements shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to the minimum procedures prescribed by the Legislative Auditor.

“(e) The Legislative Joint Auditing Committee shall monitor the reports prescribed in this section to ensure that the reports meet the needs of the General Assembly, the public entities, and the general public.”

Section 10-4-205(a)(2) was also amended by Acts 2005, No. 906, § 2, effective March 16, 2005, to read as follows:

“(2) After any audit report has been presented to the Legislative Joint Auditing Committee members, that audit report and copies of any documents contained in the working papers of the Division of Legislative Audit shall be open to public inspection, except:

“(A) Documents specifically exempted from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;

“(B) Unsubstantiated allegations obtained in complying with the provisions of the Statement on Auditing Standards Number 99 of the American Institute of Certified Public Accountants or other professional guidelines regarding the detection of fraud; and

“(C) Documents which disclose auditing procedures and techniques as defined in subdivision (a)(3) of this section.”

Section 10-4-208 was also amended by Acts 2005, No. 1444, § 1, effective March 31, 2005, to read as follows:

“10-4-208. Audit of schools.

“(a) As used in this section:

“(1) ‘Public funds’ means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by or for, or passed through a school; and

“(2) ‘School’ means any public school district, charter school, educational cooperative, or publicly supported entity having supervision over public educational entities.

“(b)(1) Except as provided in subdivision (b)(2)(A) of this section, the Legislative Auditor shall conduct audits of all schools and any transactions regarding public funds of the schools.

“(2)(A)(i) However, any school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct the annual financial audits in accordance with auditing standards generally accepted in the United States and Government Auditing Standards issued by the Comptroller General of the United States.

“(ii) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with governmental auditing standards.

“(B) Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance to the board.

“(C) Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school.

“(c) Regulatory Basis of Presentation.

  1. For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate.

“(2) The financial statements shall consist of the following:

“(A) A balance sheet;

“(B) A statement of revenues, expenditures, and changes in fund balances;

“(C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and

“(D) Notes to the financial statements.

“(3) The report shall include as supplemental information a schedule of capital assets, including land, buildings, and equipment.

“(4) The State Board of Education shall promulgate the rules necessary to administer the regulatory basis of presentation provided in this subsection.

“(d) Alternative Basis of Presentation.

(1) As an alternative to the presentation prescribed in subsection (c) of this section, the governing body of a school may require its annual financial audit to be performed and financial statements presented in accordance with the guidelines prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the Government Accountability Office, if applicable.

“(2) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with governmental auditing standards.

“(e)(1) The audit report and accompanying comments and recommendations shall be reviewed at the first regularly scheduled meeting following receipt of the audit report if the audit report is received by the board or governing body prior to ten (10) days before the regularly scheduled meeting.

“(2) If the audit report is received by the board or governing body within ten (10) days before a regularly scheduled meeting, the audit report may be reviewed at the next regularly scheduled meeting after the ten-day period.

“(3) The board or governing body shall take appropriate action relating to each finding and recommendation contained in the audit report.

“(4) The minutes of the board or governing body shall document the review of the findings and recommendations and the action taken by the board or governing body.”

Section 10-4-209 was also amended by Acts 2005, No. 1524, § 1, effective March 31, 2005, to read as follows:

“10-4-209. Prosecuting attorneys — Accounting system — Audit.

“(a) The Division of Legislative Audit shall assist the prosecuting attorneys and their deputies in developing an accounting system for funds received or disbursed by virtue of their office.

“(b) The Legislative Auditor shall conduct audits of prosecuting attorneys in the State of Arkansas and any transaction regarding public funds of prosecuting attorneys.

“(c) Regulatory Basis of Presentation.

“(1) For prosecuting attorney financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund presented separately and all other funds included in the audit presented in the aggregate.

“(2) The financial statements shall consist of the following:

“(A) A balance sheet;

“(B) A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balance); and

“(C) Notes to the financial statements.

“(3) The report shall include as supplemental information a schedule of capital assets, including land, buildings, and equipment.”

Sections 10-4-213 and 10-4-217 were also amended by Acts 2005, No. 1165, §§ 2 and 3, effective August 12, 2005. The amended sections were subsequently subject to repeal by Acts 2005, No. 2201, § 11, effective April 13, 2005.

Subchapter 3 — Arkansas Governmental Compliance Act

Cross References. Legislative Joint Auditing Committee, § 10-3-401 et seq.

Preambles. Acts 1979, No. 111 contained a preamble which read:

“Whereas, the Legislative Joint Auditing Committee is charged with the responsibility of reviewing the audits prepared by the Division of Legislative Audit on the following governmental entities — counties, municipalities and school districts; and

“Whereas, there is substantial compliance in most areas of the fiscal operations of these governmental units but there are certain continuing deficiencies that have been denoted by these audit reports to be in noncompliance with the statutory laws of the State of Arkansas; and

“Whereas, the Legislative Joint Auditing Committee believes that the public interest is better served by compliance with the laws of the State of Arkansas with said compliance benefiting not only the public officials and the auditing staff but should result in additional benefits in the expenditure of public funds; and

“Whereas, there is no acceptable compliance mechanism now provided for by law for the enforcement of fiscal management laws in the State of Arkansas;

“Now, therefore….”

Effective Dates. Acts 1979, No. 111, § 10: Feb. 13, 1979. Emergency clause provided: “It is hereby found and determined by the 72nd General Assembly that the Legislative Joint Auditing Committee should immediately implement this compliance procedure provided herein and that such compliance by all interested parties will accrue to the benefit of the taxpayers of the State of Arkansas; therefore, an emergency is hereby declared to exist and it is necessary for the public peace, health and safety that this act be effective from and after the date of its passage and approval.”

Acts 2015, No. 557, § 9: Aug. 1, 2015.

10-4-301. Title.

This subchapter shall be known as the “Arkansas Governmental Compliance Act”.

History. Acts 1979, No. 111, § 1; A.S.A. 1947, § 4-710; Acts 1989, No. 47, § 1.

10-4-302. Definition.

As used in this subchapter, unless the context otherwise requires, “public servant” means:

  1. Any officer or employee of this state or of any political subdivision thereof;
  2. Any person exercising the functions of any such officer or employee;
  3. Any person acting as an advisor, consultant, or otherwise in performing any governmental function, but not including witnesses; or
  4. Any person elected, appointed, or otherwise designated to become a public servant, although not yet occupying that position.

History. Acts 1979, No. 111, § 1; A.S.A. 1947, § 4-710.

10-4-303. Penalty.

Any public servant who does not comply with the provisions of this subchapter and the laws listed in § 10-4-304 commits the offense of noncompliance with the first offense being a Class C misdemeanor, the second offense a Class B misdemeanor, and the third offense a Class A misdemeanor. This penalty provision does not repeal any other penalty provision provided by the laws included in § 10-4-304.

History. Acts 1979, No. 111, § 8; A.S.A. 1947, § 4-717.

Cross References. Fines for misdemeanors, § 5-4-201 et seq.

Imprisonment for misdemeanors, § 5-4-401 et seq.

10-4-304. Laws within purview of subchapter.

The fiscal management laws coming within the purview of this subchapter are as follows:

  1. Sections 14-25-101 — 14-25-114, and 14-25-115 [repealed];
  2. Sections 14-22-101 — 14-22-115;
  3. Section 14-16-105(b)-(e);
  4. Section 26-39-201;
  5. Section 26-35-1001 [repealed];
  6. Section 26-28-111(a);
  7. The County Government Code, § 14-14-101 et seq.;
  8. Sections 14-59-101 — 14-59-116;
  9. Sections 16-10-201 — 16-10-210;
  10. Section 22-9-203(a) and (b);
  11. Section 16-92-110 [repealed];
  12. Sections 26-79-104(b) and 27-70-207(c);
  13. Arkansas Constitution, Amendment 13 [repealed];
  14. Sections 14-237-101 — 14-237-113;
  15. Sections 6-13-618, 6-17-910 [repealed], 6-17-912, 6-17-913, 6-17-918, and 6-17-919;
  16. Sections 19-1-401 — 19-1-405;
  17. Sections 19-4-101 — 19-4-2004;
  18. Arkansas Code Title 19, Chapter 11;
  19. Sections 21-4-201 — 21-4-213;
  20. Sections 21-1-103 and 21-5-101 — 21-5-104;
  21. Sections 21-5-201 — 21-5-218;
  22. Sections 6-20-101 [repealed], 6-20-102 — 6-20-1515; and
  23. Sections 6-21-101 — 6-21-608.

History. Acts 1979, No. 111, § 2; A.S.A. 1947, § 4-711; Acts 1989, No. 47, § 2; 2011, No. 752, § 2; 2015, No. 557, § 1.

A.C.R.C. Notes. The bond provisions of §§ 6-13-618 and 6-17-918, referred to in this section, may be affected by § 21-2-201 et seq., regarding a blanket bond program for school district officers and employees, or by § 21-2-701 et seq., regarding blanket performance bond coverage for all public employees.

Section 19-1-403, referred to in this section, may be affected by the blanket bond provisions of § 21-2-401 et seq., for county officers and employees, § 21-2-301 et seq. [repealed], for municipal officers and employees, § 21-2-201 et seq. [repealed], for school district officers and employees, or the blanket performance bond coverage provisions of § 21-2-701 et seq., for all public employees. See those sections and notes thereto.

Publisher's Notes. Pursuant to Ark. Const. Amend. 62, § 11, the provisions of Ark. Const. Amend. 13, referred to in this section, are repealed insofar as they are inconsistent with the provisions of Ark. Const. Amend. 62.

Amendments. The 2011 amendment substituted “27-70-207(c)” for “27-70-207(b)” in (12).

The 2015 amendment substituted “Arkansas Code Title 19, Chapter 11” for “Sections 19-11-201 – 19-11-259” in (18).

10-4-305. Notice of deficiencies.

  1. The Legislative Joint Auditing Committee shall establish the following procedure for giving written notice to a public servant of deficiencies in the operation or performance of the public servant's official duties as provided by the laws of the State of Arkansas in the fiscal management of the public servant's duties.
    1. The cochairs of the Legislative Joint Auditing Committee shall give notice by certified letter to the public servant with a provision for response to the letter thirty (30) days from the date of the receipt of the letter by the public servant.
    2. The letter shall contain a summary of the audit findings of noncompliance denoted in the audit report prepared by the staff of the Legislative Joint Auditing Committee on the operations of the public servant's office, duties, and responsibilities as provided by the laws named in § 10-4-304.
    3. The notice shall offer the assistance of the Legislative Joint Auditing Committee to the public servant on actions necessary to effect compliance with the laws named in § 10-4-304.
    1. The Legislative Joint Auditing Committee may require a municipal official who is responsible for any deficiencies under subsection (a) of this section to attend relevant training courses provided by the Arkansas Municipal League, Arkansas Legislative Audit, or other appropriate training program.
      1. Reimbursement for the training is authorized for expenses at the rate authorized for state employees and for mileage at the rate established in the state travel rules for state employees while traveling within the state in the performance of their official duties.
      2. Reimbursement for the training is subject to specific appropriation for that purpose.

History. Acts 1979, No. 111, § 2; A.S.A. 1947, § 4-711; Acts 2011, No. 611, § 1; 2015, No. 554, § 6; 2019, No. 315, § 750.

A.C.R.C. Notes. Acts 2015, No. 554, § 1, provided: “Division of Legislative Audit renamed ‘Arkansas Legislative Audit’.

“(a)(1) The Division of Legislative Audit, as it is referred to or empowered throughout the Arkansas Code, is renamed.

“(2) In its place, Arkansas Legislative Audit is established, succeeding to the general powers and responsibilities previously assigned to the Division of Legislative Audit.

“(3) The Legislative Auditor shall identify and revise all interagency documents, financial instruments, funds, and other necessary legal documents in order to effect this change.

“(b) This act does not impair the powers and authority of the Division of Legislative Audit before the effective date of this act.

“(c) Appropriations authorized for the personal services and operating expenses of the Division of Legislative Audit may be utilized for the personal services and operating expenses of Arkansas Legislative Audit.

“(d) This act does not impair the continued effectiveness of rules or orders promulgated or issued by the Division of Legislative Audit before the effective date of this act.

“(e) The Arkansas Code Revision Commission shall make all changes in the Arkansas Code necessary to effectuate the intent of this act.”

Amendments. The 2011 amendment, in (a), deleted “the purpose of” preceding “giving” and substituted “the public servant's” for “their”; substituted “The Cochairs of the Legislative Joint Auditing Committee shall give notice by certified letter to the public servant” for “Notice to the public servant shall be given by certified letter from the cochairs of the Committee” in (b)(1); inserted “Legislative Joint Auditing” in (b)(2) and (3); deleted “of the State of Arkansas” at the end of (b)(2); and added (c).

The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (c)(1).

The 2019 amendment substituted “rules” for “regulations” in (c)(2)(A).

10-4-306. Compliance with fiscal management laws — Review — Affidavit.

  1. After the public servant takes the necessary action for compliance with fiscal management laws of the State of Arkansas, he or she shall request the staff of the Legislative Joint Auditing Committee to review his or her corrective actions and to determine whether he or she is now in compliance with the above-named laws of the State of Arkansas.
  2. If it is determined that he or she is in compliance, then this public servant should denote his or her compliance by signing a verified affidavit which contains a summary of the areas where deficiencies in the fiscal management of his or her responsibilities and duties were noted and all corrective actions that were taken or will be taken to effect compliance.

History. Acts 1979, No. 111, § 3; A.S.A. 1947, § 4-712.

10-4-307. Invitation to appear.

  1. If the public servant fails to obtain compliance as to the laws contained in § 10-4-304 or to respond within the time limit contained in § 10-4-305, then the public servant shall be invited or subpoenaed to appear before the Legislative Joint Auditing Committee to show cause why the public servant has not complied with the above-named fiscal management laws of the State of Arkansas.
    1. If the public servant is invited and the public servant fails to respond to the Legislative Joint Auditing Committee's invitation provided above, then a second invitation shall be issued by the Legislative Joint Auditing Committee in the form of a legal notice published in the newspaper serving the respective county of the public servant. The legal notice of invitation shall be published at least one (1) time each week for three (3) consecutive weeks prior to the date of the Legislative Joint Auditing Committee meeting to which the public servant has been invited.
    2. The legal notice shall be in the following form:

“State of Arkansas Legislative Joint Auditing Committee COUNTY OF STATE OF ARKANSAS INVITATION THE People of the State of Arkansas TO GREETING: You are invited to appear in Room , State Capitol Building, Little Rock, Arkansas, before the Legislative Joint Auditing Committee on the day of , 20 , at , and discuss with the Committee your respective audit report, prepared by the staff of the Committee, and if there is any additional evidence you would like to produce at this meeting, that is now in your custody or the custody of some other individual, you are requested to furnish the Committee's staff with this information at least seven (7) days prior to the date of your appearance. Witness my hand, as and the seal thereof, on this day of , 20 . Legislative Joint Auditing Committee”

Click to view form.

History. Acts 1979, No. 111, § 4; A.S.A. 1947, § 4-713.

10-4-308. Grace period.

After the public servant has appeared before the Legislative Joint Auditing Committee, as provided by § 10-4-307, the Legislative Joint Auditing Committee may allow a maximum period of thirty (30) days from the date of his or her appearance before the Legislative Joint Auditing Committee for the public servant to effect compliance.

History. Acts 1979, No. 111, § 5; A.S.A. 1947, § 4-714.

10-4-309. Enforcement by prosecuting attorney.

    1. In such cases when compliance has not been obtained by the public servant within the above-given time periods, the Legislative Joint Auditing Committee shall notify the respective prosecuting attorney of each public servant and the prosecuting attorney shall conduct an investigation into the transactions coming within the fiscal management laws contained in § 10-4-304 as to the public servant's compliance with the laws as they related to the public servant's functions within a state agency, institution, department, board, commission, bureau, or within a county, municipality, or school district.
    2. The prosecuting attorney shall report back to the Legislative Joint Auditing Committee within forty-five (45) days from the date of the matter's being referred to him or her by the Legislative Joint Auditing Committee.
  1. The prosecuting attorney commits the offense of noncompliance if after being duly advised of the given facts of a situation that relate to a charge of noncompliance against another public servant he or she fails or omits to perform the duty of conducting an investigation required of him or her by this section.

History. Acts 1979, No. 111, §§ 6, 7; A.S.A. 1947, §§ 4-715, 4-716; Acts 1989, No. 47, § 3.

Subchapter 4 — Arkansas Legislative Audit

A.C.R.C. Notes. Acts 2011, No. 850, § 5, provided:

“FUNDS. In the event the Division of Legislative Audit of the Legislative Joint Auditing Committee should receive any funds in connection with performing their duties as prescribed by the Arkansas Scholarship Lottery Act, such funds shall be deposited into the State Central Services Fund to be utilized solely by the Division of Legislative Audit of the Legislative Joint Auditing Committee in performing such duties.

“The provisions of this section shall be in effect only from July 1, 2011 through June 30, 2012.”

Acts 2012, No. 198, § 5, provided: “FUNDS.

In the event the Division of Legislative Audit of the Legislative Joint Auditing Committee should receive any funds in connection with performing their duties as prescribed by the Arkansas Scholarship Lottery Act, such funds shall be deposited into the State Central Services Fund to be utilized solely by the Division of Legislative Audit of the Legislative Joint Auditing Committee in performing such duties.

“The provisions of this section shall be in effect only from July 1, 2012 through June 30, 2013.”

Acts 2015, No. 554, § 1, provided: “Division of Legislative Audit renamed ‘Arkansas Legislative Audit’.

“(a)(1) The Division of Legislative Audit, as it is referred to or empowered throughout the Arkansas Code, is renamed.

“(2) In its place, Arkansas Legislative Audit is established, succeeding to the general powers and responsibilities previously assigned to the Division of Legislative Audit.

“(3) The Legislative Auditor shall identify and revise all interagency documents, financial instruments, funds, and other necessary legal documents in order to effect this change.

“(b) This act does not impair the powers and authority of the Division of Legislative Audit before the effective date of this act.

“(c) Appropriations authorized for the personal services and operating expenses of the Division of Legislative Audit may be utilized for the personal services and operating expenses of Arkansas Legislative Audit.

“(d) This act does not impair the continued effectiveness of rules or orders promulgated or issued by the Division of Legislative Audit before the effective date of this act.

“(e) The Arkansas Code Revision Commission shall make all changes in the Arkansas Code necessary to effectuate the intent of this act.”

Acts 2017, No. 736, § 5, provided:

“FUNDS. In the event Arkansas Legislative Audit of the Legislative Joint Auditing Committee should receive any funds in connection with performing their duties as prescribed by the Arkansas Scholarship Lottery Act, such funds shall be deposited into the State Central Services Fund to be utilized solely by Arkansas Legislative Audit of the Legislative Joint Auditing Committee in performing such duties.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Acts 2018, No. 166, § 5, provided:

“FUNDS. In the event Arkansas Legislative Audit of the Legislative Joint Auditing Committee should receive any funds in connection with performing their duties as prescribed by the Arkansas Scholarship Lottery Act, such funds shall be deposited into the State Central Services Fund to be utilized solely by Arkansas Legislative Audit of the Legislative Joint Auditing Committee in performing such duties.

“The provisions of this section shall be in effect only from July 1, 2018 through June 30, 2019.”

Effective Dates. Acts 2005, No. 2201, § 12: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Legislative Joint Auditing Committee and the Division of Legislative Audit provide essential auditing and investigative services to the General Assembly and the State of Arkansas; that to avoid confusion, the General Assembly finds it is necessary to combine the Arkansas Code provisions concerning the Division of Legislative Audit and the local audit section of the division in one Arkansas Code chapter; that to avoid certain undue hardships on public entities of the state, it is also necessary for the General Assembly to provide a basis of financial statement presentation for certain public entities; that the American Institute of Certified Public Accountants' Statement on Auditing Standards Number 99 regarding the detection of fraud requires auditors to document unsubstantiated allegations of fraud in their working papers; and that this act is immediately necessary because the General Assembly finds that the public disclosure of such unsubstantiated allegations do not serve a public purpose and may cause irreparable harm to innocent individuals and public employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 736, § 9: Mar. 29, 2017, § 6. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, with the exception that Section 6 in this Act shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017, with the exception that Section 6 in this Act shall be in full force and effect from and after the date of its passage and approval, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017, with the exception that Section 6 in this Act shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 72 Am. Jur. 2d, States, § 65.

Ark. L. Rev.

The Executive Branch — Fusing the Division of Authority, 24 Ark. L. Rev. 182.

C.J.S. 81A C.J.S., States, § 134.

10-4-401. Arkansas Legislative Audit — Creation.

  1. There is created under the authority of the General Assembly an agency known as “Arkansas Legislative Audit”.
  2. Arkansas Legislative Audit shall be headed by the Legislative Auditor, who shall be selected by the Legislative Joint Auditing Committee.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 7.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “Division of Legislative Audit” in the section heading; substituted “an agency known as ‘Arkansas Legislative Audit’” for “a Division of Legislative Audit” at the end of (a); and substituted “Arkansas Legislative Audit” for “The division” at the beginning of (b).

Cross References. Comprehensive financial management system for counties, § 14-21-101.

10-4-402. Definitions.

  1. As used in this subchapter:
    1. “Audit” means a financial audit, performance audit, information technology audit, review, report of agreed-upon procedures, compilation, examination, investigation, or other report or procedure approved by the Legislative Joint Auditing Committee for an entity of the state or a political subdivision of the state;
    2. “Entity of the state” means the State of Arkansas as a whole or any department, institution of higher education, board, commission, agency, quasi-public organization, official, office, or employee, or any agency, instrumentality, or function thereof;
    3. “Financial audit” means a systematic examination of the financial statements of an entity and the related supporting evidence for the purpose of expressing an opinion on the fairness with which they present, in all material respects, financial position, results of operations, and its cash flows in conformity with accounting principles generally accepted in the United States, another comprehensive basis of accounting, or a regulatory basis, as applicable;
    4. “Other funds” means any funds or assets held by a person, foundation, nonprofit corporation, or any other entity for the specific benefit of a particular entity or entities of the state or political subdivision of the state;
    5. “Political subdivision of the state” means any county, municipality, school, quasi-public organization, district, official, office, or employee, or any agency, instrumentality, or function thereof;
    6. “Public funds” means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through an entity of the state or a political subdivision of the state; and
    7. “School” means any public school district, charter school, or education service cooperative, or any publicly supported entity having supervision over public educational entities.
  2. The definitions in this subchapter are limited to this subchapter only, and shall not be used or interpreted as applying to the Freedom of Information Act of 1967, § 25-19-101 et seq.

History. Acts 2005, No. 2201, § 7; 2007, No. 617, § 37; 2015, No. 554, § 8.

Amendments. The 2007 amendment substituted “education service cooperative” for “educational cooperative” in (a)(7).

The 2015 amendment deleted “of presentation” following “regulatory basis” in (a)(3).

10-4-403. Authority of Legislative Auditor.

  1. The Legislative Auditor has the authority to perform an audit of any entity of the state, political subdivision of the state, or transaction relating to public funds and to prepare a written report of the audit to the Legislative Joint Auditing Committee and to the entity being audited.
    1. In addition, the Legislative Auditor has the authority to investigate documents, books, and records regarding receipt, expenditure, or disbursement of other funds if the Legislative Auditor determines, subject to approval of the Legislative Joint Auditing Committee or its executive committee, that the investigation of the documents, books, and records is necessary to verify any audit of an entity of the state or a political subdivision of the state or to investigate misappropriation of other funds.
      1. This section does not authorize or permit the Legislative Auditor to release information:
        1. When otherwise prohibited by law; or
        2. Not subject to public inspection under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other applicable law.
      2. All records, documents, correspondence, or other data of a person, foundation, nonprofit corporation, or any other entity holding other funds that would infringe upon the rights, privacy, or confidentiality of donors of private funds to the person, foundation, nonprofit corporation, or other entity are exempt from public disclosure when in the possession of the Legislative Auditor.
      3. Any working papers or other data relating to the donor information examined by the Legislative Auditor under this chapter are confidential and exempt from public disclosure.
  2. The Legislative Auditor may conduct any audit or investigation that in his or her judgment is proper and necessary to carry out the purpose and intent of this subchapter or to assist the General Assembly in the proper discharge of its duties.
    1. In conducting audits of entities of the state or political subdivisions of the state, the Legislative Auditor shall have access at all times to and have the authority to examine any record or documentation relating to transactions with these entities, regardless of the nature, custodian, or location of those records.
    2. However, in the investigation of documents, books, and records regarding receipt, expenditure, or disbursement of other funds, the Legislative Auditor must determine, subject to approval of the Legislative Joint Auditing Committee or its executive committee, that the investigation of the documents, books, and records is necessary to verify any audit of an entity of the state or a political subdivision of the state or to investigate misappropriation of other funds.
  3. The Legislative Auditor has the authority to require the aid and assistance of all officials, auditors, accountants, and other employees of each entity of the state or political subdivision of the state at all times in the inspection, examination, and audit of any books, accounts, transactions, financial statements, or any other pertinent records.
  4. In conducting audits of entities of the state or political subdivisions of the state or verifying transactions with the entities of the state or political subdivision of the state, and in the investigation of other funds, the Legislative Auditor has the authority to summon and issue subpoenas for the appearance of individuals or the production of documents or other records.
    1. The Legislative Auditor may make specific recommendations to the Legislative Joint Auditing Committee and the General Assembly for the amendment of existing laws or the passage of new laws designed to improve the functioning of entities of the state and political subdivisions of the state to the end that more efficient service may be rendered and the cost of government reduced.
    2. The Legislative Auditor shall not include in his or her recommendations to the General Assembly any recommendations as to the sources from which taxes shall be raised to meet the governmental expense.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 9.

Amendments. The 2015 amendment redesignated former (b)(2) as (b)(2)(A), (B), and (C); rewrote the former first sentence of (b)(2) as present (b)(2)(A); and added “when in the possession of the Legislative Auditor” at the end of (b)(2)(B).

10-4-404. Qualifications of Legislative Auditor.

  1. The Legislative Auditor shall be a licensed certified public accountant in the State of Arkansas with at least seven (7) years of government auditing experience prior to being appointed.
  2. At the time of appointment, the Legislative Auditor shall not be related in the second degree of consanguinity or affinity to any member of the General Assembly or a constitutional officer.
  3. The Legislative Auditor shall not serve in any ex officio capacity on any administrative board or commission or have any financial interest in the transactions of any entity of the state or political subdivision of the state, other than those financial interests that accrue as a result of being an employee of the state.

History. Acts 2005, No. 2201, § 7.

10-4-405. Employment and removal of Legislative Auditor.

  1. The Legislative Auditor shall be employed by a majority vote of the membership of the Legislative Joint Auditing Committee, and the name of the person selected shall be presented to each house of the General Assembly for confirmation by both houses if the General Assembly is in session at the time of the selection.
    1. If the Legislative Auditor is selected while the General Assembly is not in session, he or she shall in all respects carry out the functions, powers, and duties as provided in this subchapter until the next regular session or fiscal session of the General Assembly.
      1. During the next regular session or fiscal session of the General Assembly, the name of the person selected as Legislative Auditor shall be presented to both houses of the General Assembly for confirmation.
      2. Unless upon the presentation his or her selection is rejected, he or she shall in all respects continue to carry out the functions, powers, and duties as Legislative Auditor.
  2. When a vacancy in the position of Legislative Auditor exists, the position shall be filled by the Legislative Joint Auditing Committee by majority action of the Legislative Joint Auditing Committee membership, subject to approval of both houses of the General Assembly at its next regular session.
  3. The Legislative Auditor may be removed for cause at any time by a majority vote of the membership of the Legislative Joint Auditing Committee after a public hearing.

History. Acts 2005, No. 2201, § 7; 2009, No. 962, § 27.

Amendments. The 2009 amendment inserted “session or fiscal” following “regular” in (b)(1); and substituted “regular session or fiscal session of the General Assembly” for “regular legislative session” in (b)(2)(A).

10-4-406. Written appointment and oath of Legislative Auditor.

  1. The cochairs of the Legislative Joint Auditing Committee, upon vote or approval of the majority of the membership of the Legislative Joint Auditing Committee, shall execute a written appointment of the person employed as the Legislative Auditor and cause the written appointment to be filed in the office of the Secretary of State.
  2. Upon appointment, the Legislative Auditor shall qualify by taking the constitutional oath.

History. Acts 2005, No. 2201, § 7.

10-4-407. Duties of Legislative Auditor.

The Legislative Auditor shall:

  1. Personally, or through the Legislative Auditor's authorized assistants and employees, conduct audits of any entity of the state or political subdivision of the state now in existence or hereafter created;
  2. Make recommendations to the Legislative Joint Auditing Committee and respective entities regarding the:
    1. Improvement of the accounting systems used by any entity of the state or political subdivision of the state; or
    2. Proper installation and utilization of the accounting system;
  3. Call attention to any funds which, in his or her opinion, have not been expended in accordance with the law, appropriation, ordinance, rule, or other legal requirement and shall make recommendations to the Legislative Joint Auditing Committee, the General Assembly, and other applicable governing bodies as to the manner or form of appropriations which will avoid any improper expenditure of money in the future;
  4. Report to the proper authorities apparent improper or illegal practices contained in audit reports;
  5. Provide technical assistance in establishing uniform systems of recordkeeping within the entities of the state and political subdivisions of the state insofar as it is practical to do so and not inconsistent with law or professional standards; and
  6. Require, on forms prescribed or made available, the filing with Arkansas Legislative Audit of financial reports at such times as the Legislative Auditor deems advisable.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 10; 2019, No. 315, § 751.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (6).

The 2019 amendment substituted “rule” for “regulation” in (3).

10-4-408. Disbursing officer — Payment of salaries.

    1. The Legislative Auditor is designated as disbursing officer for Arkansas Legislative Audit.
    2. All vouchers issued in the payment of salaries and expenses incurred in the operations of Arkansas Legislative Audit shall be approved by the Legislative Auditor or the Legislative Auditor's authorized designee or designees before the salaries and expenses are paid.
  1. In case a vacancy exists in the position of Legislative Auditor, the Legislative Joint Auditing Committee may designate a disbursing agent or agents for Arkansas Legislative Audit who shall serve until the position of Legislative Auditor is filled.
  2. The salary of the Legislative Auditor and the other employees of Arkansas Legislative Audit shall be paid in the same manner and through the same procedure used for the payment of salaries of other state employees.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 11.

A.C.R.C. Notes. Acts 2011, No. 850, § 4, provided:

“SALARIES. Employees of the Division of Legislative Audit shall be eligible for cost-of-living increases on July 1, in an amount equal to that granted to all other state agency, board, commission or institution of higher education employees on those dates. Any additional adjustments in annual salary rates for Division employees, labor market adjustments, merit pay adjustments or employee retention or recruitment requirements shall be made at the discretion of the Legislative Auditor. In addition, the Legislative Auditor may implement a merit program to reward employees of the Division for exceptional service. The plan shall be approved by the Legislative Joint Auditing Committee prior to its implementation. In order that exceptionally well-qualified personnel may be recruited and retained, the Division of Legislative Audit may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the appropriation act after receiving approval from the Arkansas Legislative Council or Joint Budget Committee. Salary payments in accordance with this section shall not be restricted to maximum amounts authorized by law.

“The provisions of this section shall be in effect only from July 1, 2011 through June 30, 2012.”

Acts 2012, No. 198, § 4, provided: “SALARIES.

Employees of the Division of Legislative Audit shall be eligible for cost-of-living increases on July 1, in an amount equal to that granted to all other state agency, board, commission or institution of higher education employees on those dates. Any additional adjustments in annual salary rates for Division employees, labor market adjustments, merit pay adjustments or employee retention or recruitment requirements shall be made at the discretion of the Legislative Auditor. In addition, the Legislative Auditor may implement a merit program to reward employees of the Division for exceptional service. The plan shall be approved by the Legislative Joint Auditing Committee prior to its implementation. In order that exceptionally well-qualified personnel may be recruited and retained, the Division of Legislative Audit may exceed the maximum salary levels by no more than twenty percent (20%) for no more than one-third (1/3) of the positions authorized in the appropriation act after receiving approval from the Arkansas Legislative Council or Joint Budget Committee. Salary payments in accordance with this section shall not be restricted to maximum amounts authorized by law.

“The provisions of this section shall be in effect only from July 1, 2012 through June 30, 2013.”

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (a)(1) and for “the division” in (a)(2), (b), and (c).

10-4-409. Personnel.

  1. Subject to an annual appropriation therefor, all employees of Arkansas Legislative Audit shall be selected and appointed by the Legislative Auditor.
    1. The Legislative Auditor shall be free to select the most efficient personnel available for each position in Arkansas Legislative Audit, to the end that he or she may render to the members of the General Assembly that service which the members have a right to expect.
    2. The Legislative Auditor may conduct such professional examination as he or she may deem expedient in determining the qualifications of the persons whom he or she contemplates placing on his or her staff.
    1. No person related to any member of the General Assembly or to the Legislative Auditor in the first degree of consanguinity or affinity may be employed on the staff of Arkansas Legislative Audit.
    2. However, subdivision (c)(1) of this section does not apply if an individual is initially employed with Arkansas Legislative Audit before his or her relative is elected as a member of the General Assembly.
    1. It is the intention and desire of the General Assembly to free the Legislative Auditor and his or her staff from partisan politics.
    2. It is declared to be against public policy for any member of the General Assembly or any official or employee of the entities of the state or political subdivisions of the state to recommend or suggest the appointment of any person to a position on the staff of the Legislative Auditor.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 12; 2015, No. 1150, § 5.

Amendments. The 2015 amendment by No. 554 substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (a) and for “the division” in (b)(1), (c)(1), and (c)(2); and substituted “an annual” for “a biennial” in (a).

The 2015 amendment by No. 1150 substituted “an annual” for “a biennial” in (a).

Research References

Ark. L. Rev.

Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79.

10-4-410. Audit costs.

    1. The Legislative Auditor shall cause to be maintained a sufficient accounting of the audit costs incurred by Arkansas Legislative Audit in auditing entities of the state and political subdivisions of the state.
    2. The audit costs shall provide a basis for determining a reasonable reimbursement from entities of the state and political subdivisions of the state for the cost of auditing federal funds received by these entities.
    1. The administrative cost of auditing political subdivisions of the state shall be paid from the Ad Valorem Tax Fund as prescribed by § 19-5-906.
    2. If these taxes or any part thereof are no longer collected or deposited into the State Treasury or if there is a diminution in these taxes, then the operating cost of auditing the political subdivisions of the state incurred by Arkansas Legislative Audit shall be paid from other moneys deposited into the General Revenue Fund Account of the State Apportionment Fund.
    3. As soon as practical after the close of each fiscal year, the Legislative Auditor shall certify to the Chief Fiscal Officer of the State the amount of funds expended during the fiscal year just ending which is to be allocated to the state audit function and to the local audit function of Arkansas Legislative Audit.
    4. The Chief Fiscal Officer of the State shall utilize this certification in determining those expenses which are eligible to be reimbursed from the Ad Valorem Tax Fund.
  1. If it is determined by the Legislative Joint Auditing Committee that the reimbursement for the auditing of entities of the state is appropriate, the Legislative Auditor and the Secretary of the Department of Finance and Administration shall develop guidelines for effecting proper budgetary and accounting procedures for the reimbursements.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 13; 2019, No. 910, § 3373.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” throughout the section.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

10-4-411. Audits of entities of the state.

  1. Except as provided in subdivision (b)(1) of this section, the Legislative Auditor shall audit entities of the state.
      1. However, any licensing board or with the approval of the Legislative Joint Auditing Committee any other entity of the state may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct the entity's annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States.
      2. The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.
    1. If an annual financial audit of an entity of the state is deemed by the Legislative Auditor as necessary for the audit of the comprehensive annual financial report of the State of Arkansas, then any contract with a private certified public accountant for the entity's annual financial audit shall include provisions requiring the annual financial audit to be completed and filed with Arkansas Legislative Audit by a date determined by the Legislative Auditor.
    2. All reports of the annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report to the applicable governing body.
    3. Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any entity of the state.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 14.

A.C.R.C. Notes. Acts 2011, No. 949, § 27, provided: “SELECTION OF AUDITOR. The Legislative Auditor and Chief Fiscal Officer of the State shall jointly select the independent auditor to audit the Comprehensive Annual Financial Report for the period ending June 30, 2012.”

Acts 2012, No. 242, § 27, provided: “SELECTION OF AUDITOR. The Legislative Auditor and Chief Fiscal Officer of the State shall jointly select the independent auditor to audit the Comprehensive Annual Financial Report for the period ending June 30, 2013.”

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (b)(2).

10-4-412. Audits of counties and municipalities.

    1. Except as provided in subdivision (a)(2) of this section, the Legislative Auditor shall audit counties and municipalities in the state.
        1. Any municipality may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct a financial audit as prescribed in subsection (b) of this section.
        2. All reports of the annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report.
      1. Nothing in subdivision (a)(2)(A) of this section limits the authority of the Legislative Auditor to conduct an audit of any municipality.
  1. Financial Audits.
      1. For purposes of this subsection, a financial audit shall be planned and conducted, and the results of the work reported in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States.
      2. The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.
    1. Regulatory Basis.
      1. For county and municipal financial audits, the financial statements shall be presented on a fund-basis format with, at a minimum, the general fund and the street or road fund presented separately, and all other funds included in the audit presented in the aggregate.
      2. The financial statements shall consist of the following:
        1. A balance sheet;
        2. A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances);
        3. A comparison of the final adopted budget to the actual expenditures for the general fund and street or road fund of the entity; and
        4. Notes to the financial statements.
      3. The report shall include as supplemental information a schedule of capital assets, including:
        1. Land;
        2. Buildings; and
        3. Equipment.
    2. Alternative Basis. As an alternative to the basis prescribed in subdivision (b)(2) of this section, the governing body of a municipality or a county may adopt an annual resolution requiring its annual financial audit to be performed and financial statements presented in accordance with the standards prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the United States Government Accountability Office, if applicable.
  2. Agreed-Upon Procedures and Compilation Reports.
    1. As an alternative to a financial audit, the Legislative Auditor may conduct an agreed-upon procedures and compilation engagement of the records and accounts of all municipal or county offices, officials, or employees.
    2. For purposes of this subsection, agreed-upon procedures and compilation engagements shall be conducted in accordance with standards established by the American Institute of Certified Public Accountants and subject to the minimum procedures prescribed by the Legislative Joint Auditing Committee.
      1. Unless otherwise provided by law, the governing body of a municipality may choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct agreed-upon procedures and compilation engagements.
      2. All reports shall be filed with the Legislative Auditor within ten (10) days of issuance.

History. Acts 2005, No. 2201, § 7; 2011, No. 349, § 1; 2015, No. 554, § 15.

Amendments. The 2011 amendment deleted “of Presentation” following “Basis” in the headings of (b)(2) and (3); substituted “basis” for “presentation” in (b)(3); deleted “Municipal” preceding “Agreed-Upon” in the heading of (c); and substituted “Legislative Joint Auditing Committee” for “Legislative Auditor” in (c)(2).

The 2015 amendment added “and Compilation Reports” in the heading to (c); and inserted “and compilation” following “procedures” in (c)(1), (2), and (3)(A).

Cross References. Required audit inquiry, § 12-8-405.

10-4-413. Audits of schools.

  1. Except as provided in subdivision (b)(1) of this section, the Legislative Auditor shall audit schools.
      1. A school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct an annual financial audit in accordance with auditing standards generally accepted in the United States and the Government Auditing Standards issued by the Comptroller General of the United States.
      2. If the school is an open-enrollment public charter school in its first year of operation, the Legislative Auditor shall prepare the required annual financial audit for the school unless:
        1. The open-enrollment public charter school chooses to retain the services of a licensed certified public accountant or licensed accountant in public practice under subdivision (b)(1)(A) of this section; and
        2. The State Board of Education approves the open-enrollment public charter school's use of an entity other than the Legislative Auditor to prepare the annual financial audit.
      3. The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.
    1. Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance of the audit report to the school board.
    2. Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school.
  2. Regulatory Basis.
    1. For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate.
    2. The financial statements shall consist of the following:
      1. A balance sheet;
      2. A statement of revenues, expenditures, and changes in fund balances;
      3. A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and
      4. Notes to the financial statements.
    3. The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with the Government Auditing Standards.
    4. The report shall include as supplemental information a schedule of capital assets, including:
      1. Land;
      2. Buildings; and
      3. Equipment.
    5. The State Board of Education shall promulgate rules necessary to administer the regulatory basis provided in this subsection.

History. Acts 2005, No. 2201, § 7; 2011, No. 993, § 16; 2015, No. 554, § 16; 2019, No. 867, § 1.

A.C.R.C. Notes. Acts 2005, No. 1444, § 1, effective March 31, 2005, amended § 10-4-208 to read as follows:

“10-4-208. Audit of schools.

“(a) As used in this section:

“(1) ‘Public funds’ means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by or for, or passed through a school; and

“(2) ‘School’ means any public school district, charter school, educational cooperative, or publicly supported entity having supervision over public educational entities.

“(b)(1) Except as provided in subdivision (b)(2)(A) of this section, the Legislative Auditor shall conduct audits of all schools and any transactions regarding public funds of the schools.

“(2)(A)(i) However, any school may retain the services of a licensed certified public accountant or a licensed accountant in public practice in good standing with the Arkansas State Board of Public Accountancy to conduct the annual financial audits in accordance with auditing standards generally accepted in the United States and Government Auditing Standards issued by the Comptroller General of the United States.

“(ii) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with governmental auditing standards.

“(B) Every report of an annual financial audit shall be filed with the Legislative Auditor within ten (10) days of issuance to the board.

“(C) Nothing in this subsection limits the authority of the Legislative Auditor to conduct an audit of any school.

“(c) Regulatory Basis of Presentation.

(1) For school financial audits, the financial statements shall be presented on a fund basis format with, as a minimum, the general fund and the special revenue fund presented separately and all other funds included in the audit presented in the aggregate.

“(2) The financial statements shall consist of the following:

“(A) A balance sheet;

“(B) A statement of revenues, expenditures, and changes in fund balances;

“(C) A comparison of the final adopted budget to the actual expenditures for the general fund of the entity and the special revenue fund of the entity; and

“(D) Notes to the financial statements.

“(3) The report shall include as supplemental information a schedule of capital assets, including land, buildings, and equipment.

“(4) The State Board of Education shall promulgate the rules necessary to administer the regulatory basis of presentation provided in this subsection.

“(d) Alternative Basis of Presentation.

(1) As an alternative to the presentation prescribed in subsection (c) of this section, the governing body of a school may require its annual financial audit to be performed and financial statements presented in accordance with the guidelines prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accountants, and the Government Accountability Office, if applicable.

“(2) The report shall include a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with governmental auditing standards.

“(e)(1) The audit report and accompanying comments and recommendations shall be reviewed at the first regularly scheduled meeting following receipt of the audit report if the audit report is received by the board or governing body prior to ten (10) days before the regularly scheduled meeting.

“(2) If the audit report is received by the board or governing body within ten (10) days before a regularly scheduled meeting, the audit report may be reviewed at the next regularly scheduled meeting after the ten-day period.

“(3) The board or governing body shall take appropriate action relating to each finding and recommendation contained in the audit report.

“(4) The minutes of the board or governing body shall document the review of the findings and recommendations and the action taken by the board or governing body.”

This section was subsequently repealed by Acts 2005, No. 2201, § 11, effective April 13, 2005.

Amendments. The 2011 amendment inserted present (b)(1)(B) and redesignated former (b)(1)(B) as (b)(1)(C).

The 2015 amendment deleted “of Presentation” following “Regulatory Basis” in the (c) heading; added present (c)(1)(C) and redesignated the remaining subdivisions accordingly; deleted “of presentation” following “regulatory basis” in present (c)(1)(E); deleted “of Presentation” following “Alternative Basis” in the (c)(2) heading; in (c)(2)(A), deleted “the presentation prescribed in” following “alternative to,” substituted “adopt a resolution requiring” for “require” near the middle, and substituted “Government” for “Governmental” preceding “Accounting Standards Board” near the end; and substituted “Government” for “Governmental” preceding “Auditing Standards” near the end of (c)(2)(B).

The 2019 amendment redesignated former (c)(1) as (c), deleted former (c)(2), and redesignated the remaining subdivisions accordingly.

10-4-414. Audits of prosecuting attorneys.

  1. The Legislative Auditor shall audit prosecuting attorneys in the State of Arkansas.
  2. Regulatory Basis.
    1. For prosecuting attorney financial audits, the financial statements shall be presented on a fund basis format with, at a minimum, the general fund presented separately and all other funds included in the audit presented in the aggregate.
    2. The financial statements shall consist of the following:
      1. A balance sheet;
      2. A statement of revenues (receipts), expenditures (disbursements), and changes in fund equity (balances); and
      3. Notes to the financial statements.
    3. The report shall include as supplemental information a schedule of capital assets, including:
      1. Land;
      2. Buildings; and
      3. Equipment.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 17.

Amendments. The 2015 amendment deleted “of Presentation” following “Regulatory Basis” in the heading to (b).

10-4-415. Monitoring of reports by the Legislative Joint Auditing Committee.

The Legislative Joint Auditing Committee shall monitor reports presented to the Legislative Joint Auditing Committee to ensure that they meet the needs of:

  1. The General Assembly;
  2. Entities of the state;
  3. Political subdivisions of the state;
  4. Schools; and
  5. The general public.

History. Acts 2005, No. 2201, § 7.

10-4-416. Access to records.

    1. The Legislative Auditor and authorized employees of Arkansas Legislative Audit shall have access at all times to any books, accounts, reports, electronic data, vouchers, or other records, confidential or otherwise, of any entity of the state or political subdivision of the state that are deemed necessary to audit transactions related to public funds.
    2. Any business contracting with an entity of the state or a political subdivision of the state to provide electronic or other access to records of a public entity shall provide Arkansas Legislative Audit access to the public entity's records without charge or reimbursement.
    1. In the performance of the Legislative Auditor's duties, the Legislative Auditor or the Legislative Auditor's authorized assistants may ascertain, inspect, confirm, copy, audit, and examine any financial records, documents, or accounts of any financial institution, business, or nonprofit entity or any other person or entity regarding transactions or relationships with an entity of the state or a political subdivision of the state.
    2. In the investigation of documents, books, and records regarding receipt, expenditure, or disbursement of other funds, the Legislative Auditor shall determine, subject to approval of the Legislative Joint Auditing Committee or its executive committee, that the investigation of the documents, books, and records is necessary to verify any audit of an entity of the state or a political subdivision of the state or to investigate misappropriation of other funds.
  1. No financial institution, business, nonprofit entity, or any other person or entity shall be liable for making available to the Legislative Auditor any of the information required by the Legislative Auditor under this section.
    1. This section does not authorize or permit the Legislative Auditor to release information:
      1. When otherwise prohibited by law; or
      2. Not subject to public inspection under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other applicable law.
      1. All records, documents, correspondence, or other data of a person, foundation, nonprofit corporation or any other entity holding other funds that would infringe upon the rights, privacy, or confidentiality of donors of private funds to the person, foundation, nonprofit corporation, or other entity are exempt from public disclosure when in the possession of the Legislative Auditor.
      2. Any working papers or other data relating to the donor information examined by the Legislative Auditor under this chapter are confidential and exempt from public disclosure.
  2. Records that are exempt from public disclosure in the hands of the entity's custodian remain exempt from public disclosure in the hands of the Legislative Auditor and Arkansas Legislative Audit.
  3. Any person knowingly providing false documents, records, or other data to the Legislative Auditor or his or her authorized assistants, upon the finding by a circuit court, shall be guilty of providing false information and shall be punished in the same manner as a person guilty of tampering with a public record, § 5-54-121.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 18.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” throughout the section; rewrote (d)(1), inserting “the Legislative Auditor” and the (A) and (B) designations; and added “when in the possession of the Legislative Auditor” at the end of (d)(2)(A).

10-4-417. Presentation and filing of audit reports.

  1. All audit reports prepared by Arkansas Legislative Audit and any audit report required to be filed with the Legislative Auditor or Arkansas Legislative Audit shall be presented to the Legislative Joint Auditing Committee or a standing committee thereof.
  2. Copies of all audit reports prepared by Arkansas Legislative Audit, and any audit report required to be filed with the Legislative Auditor or Arkansas Legislative Audit shall be presented on the website of Arkansas Legislative Audit in a manner suitable for downloading and printing.
  3. All final reports shall be open to public inspection after presentation to the Legislative Joint Auditing Committee or after being approved for early release by the cochairs of the Legislative Joint Auditing Committee.
    1. The governing body and executive official of an entity of the state or political subdivision of the state shall receive a copy of the entity's audit report prior to presentation to the Legislative Joint Auditing Committee.
    2. Until the reports are presented to the Legislative Joint Auditing Committee or approved for early release by the cochairs of the Legislative Joint Auditing Committee, the reports are not considered public information and are not open to public inspection.
  4. The exemption from public inspection under subsections (c) and (d) of this section applies to all reports in the custody or possession of any person before presentation of the report to the Legislative Joint Auditing Committee or approval for early release, regardless of the actual physical location of the report.

History. Acts 2005, No. 2201, § 7; 2011, No. 349, §§ 2, 3; 2015, No. 554, § 19.

Amendments. The 2011 amendment, in (d)(2), substituted “Cochairs of the Legislative Joint Auditing Committee” for “Legislative Joint Auditing Committee cochairs” and added “and are not open to public inspection” at the end; and added (e).

The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” twice in (a); and, in (b), substituted the first occurrence of “Arkansas Legislative Audit” for “the Division of Legislative Audit” and the second and third occurrences for “the division.”

10-4-418. Review of audit report by governing body.

  1. The audit reports and accompanying comments and recommendations relating to any entity of the state or political subdivision of the state shall be reviewed by the applicable governing body if the entity has such a governing body.
    1. The audit report and accompanying comments and recommendations shall be reviewed at the first regularly scheduled meeting following receipt of the audit report if the audit report is received by the governing body at least ten (10) days prior to the regularly scheduled meeting.
    2. If the audit report is received by the governing body less than ten (10) days prior to a regularly scheduled meeting, the audit report shall be reviewed at the regularly scheduled meeting falling within the ten-day period or the next regularly scheduled meeting subsequent to the ten-day period.
  2. The governing body shall take appropriate action relating to each finding and recommendation contained in the audit report.
  3. The minutes of the governing body shall document the review of the findings and recommendations and the action taken by the governing body.

History. Acts 2005, No. 2201, § 7.

10-4-419. Report of improper or illegal practices.

    1. If an audit report presented to the Legislative Joint Auditing Committee or the appropriate standing subcommittee of the Legislative Joint Auditing Committee reflects evidence of improper practices of financial administration or inadequacy of fiscal records, the Legislative Auditor shall report the evidence to the appropriate executive official or officials affected thereby and to the governing body of the entity of the state or political subdivision of the state.
    2. If the findings relate to an entity of the state, the Legislative Auditor shall also report the findings to the Chief Fiscal Officer of the State.
    3. If the findings relate to a prosecuting attorney's office, the Legislative Auditor shall also report the findings to the Attorney General for review and appropriate action.
    1. If an audit report presented to the Legislative Joint Auditing Committee or the appropriate standing subcommittee of the Legislative Joint Auditing Committee reflects evidence of apparent unauthorized disbursements or unaccounted-for funds or property by a public official or employee, the Legislative Auditor shall promptly report the transactions in writing to the prosecuting attorney for the county in which the entity of the state or the political subdivision of the state is located, the Governor, the appropriate executive official or officials affected thereby, and the governing body of the entity of the state or political subdivision of the state.
    2. If the findings relate to an entity of the state, the Legislative Auditor shall also report the findings to the Chief Fiscal Officer of the State.
    3. If the findings relate to a prosecuting attorney's office, the Legislative Auditor shall also report the same to the Attorney General for review and appropriate action.
    1. The Legislative Auditor shall notify and cooperate with the appropriate prosecuting attorney on all matters that appear to involve a criminal offense.
    2. Upon request and with the approval of the cochairs of the Legislative Joint Auditing Committee, the Legislative Auditor shall cooperate in any other investigations by the appropriate prosecuting attorney, the Division of Arkansas State Police, or any other state or federal law enforcement agency.
    1. While the Legislative Joint Auditing Committee is not established as an agency to effect through its own direct action the correction of improper practices of financial administration or the inadequacy of fiscal records, the prosecution of defaulting public officials, or the improvement of accounting systems in any entity of the state or political subdivision of the state, it is nevertheless determined that the action or nonaction on the part of the appropriate public officials in respect to the correction of the matters when called to their attention or in respect to the institution of criminal proceedings where proper, has pertinent bearing upon the question of the necessity for future remedial legislation.
    2. It is for this reason that the Legislative Joint Auditing Committee is authorized to inform public officials to the extent provided by law of the findings of the Legislative Auditor in respect to any such matters.
    1. If the Legislative Joint Auditing Committee determines that an entity of the state or a political subdivision of the state has not corrected the deficiencies noted in one (1) or more previous reports, the Legislative Joint Auditing Committee may request the prosecuting attorney of the judicial district in which the entity of the state or the political subdivision of the state is located to take appropriate action to assure that the records of the entity of the state or the political subdivision of the state are maintained in accordance with law.
    2. If the prosecuting attorney fails or refuses to take appropriate action within a reasonable time after receipt of notice from the Legislative Joint Auditing Committee that an entity of the state or a political subdivision of the state is not maintaining its records in substantial compliance with law, the Legislative Joint Auditing Committee may request the Attorney General to take such appropriate action as may be necessary to assure that the records of the entity of the state or political subdivision of the state are maintained in compliance with law.
    1. By June 30 of each year, the Attorney General and each prosecuting attorney to whom the Legislative Joint Auditing Committee or the Legislative Auditor has reported a matter under this section shall file with the Legislative Joint Auditing Committee a disposition report on the status of the matters that have not been previously reported as resolved to the Legislative Joint Auditing Committee.
    2. A disposition report shall address all matters that have not been previously reported as resolved under subdivision (f)(1) of this section prior to and during the preceding calendar year.
    3. A disposition report shall include without limitation:
      1. The date the matter was reported to the Attorney General or the prosecuting attorney;
      2. The amount of loss or funds unaccounted for in connection with the matter;
      3. The status or disposition of the matter; and
      4. Other comments pertinent to the investigation or disposition of the matter.

History. Acts 2005, No. 2201, § 7; 2009, No. 446, § 1; 2015, No. 554, § 20.

Amendments. The 2009 amendment deleted “the Legislative Council and” preceding “the Legislative Joint Auditing Committee” in two places, and made a minor stylistic change.

The 2015 amendment inserted “or the Legislative Auditor” following “Auditing Committee” in (f)(1); inserted (f)(2) and redesignated former (f)(2) as (f)(3); and substituted “without limitation” for “but is not limited to” in present (f)(3).

10-4-420. Testimony before courts.

  1. In all criminal or civil actions brought as the result of the findings set forth in any audit report of the Legislative Auditor, the Legislative Auditor or his or her assistants, upon request of the proper officers of the court shall give testimony and otherwise make their services available in the prosecution of any action.
  2. The Legislative Auditor and his or her assistants shall not be entitled to witness fees for making the testimony.

History. Acts 2005, No. 2201, § 7.

10-4-421. Subpoenas — Witnesses — Penalties for failure to appear — Perjury.

  1. In connection with an audit of any entity of the state or a political subdivision of the state or an audit related to any transactions or relationships with the entities, the Legislative Auditor may subpoena records or summon and subpoena any person whose testimony may be desired or deemed necessary to appear before him or her at a time and place and with such papers, files, and records as may be named in the summons or subpoena.
  2. In conducting any audit or examination, the Legislative Auditor or any authorized assistant has the authority to administer oaths.
  3. Any person summoned to appear before the Legislative Auditor or any of his or her authorized assistants to testify or submit papers, files, and records as required in this section shall receive the same compensation as is received by persons serving as witnesses in circuit courts of this state.
    1. If any person subpoenaed to appear by the Legislative Auditor fails to appear or to produce books, documents, or records subpoenaed, the fact shall be certified to the circuit court of the county in which the hearing is held, and the circuit court shall punish the person for contempt in the same manner as punishment for contempt is imposed for failure to respond to a subpoena or directive of the circuit court.
    2. If a person placed under oath or subpoenaed by the Legislative Auditor, his or her authorized assistants, or the Legislative Joint Auditing Committee knowingly gives false testimony that is material to an audit, that person shall be deemed guilty of perjury upon conviction by a court of competent jurisdiction.
      1. Subpoenas issued by the Legislative Auditor shall be served by the sheriff of the county in which the person, books, records, or documents subpoenaed are located.
      2. The sheriff shall be entitled to the same fees for the service of process as provided by law for service of process issued by the circuit court.
    1. However, at his or her option the Legislative Auditor may direct the Department of Arkansas State Police to serve any subpoena.

History. Acts 2005, No. 2201, § 7.

Case Notes

Failure to Appear.

Circuit court did not err in finding a witness in criminal contempt because he did not inform counsel for a legislative audit committee that he had a conflict, but merely left a voicemail that he was not going to appear at the hearing, his reasons for failing to answer a subpoena did not amount to good cause, the petition and order to show cause sufficiently provided the witness with notice that he was accused of criminal contempt, and he did not preserve his sufficiency-of-the-evidence claim. Valley v. Pulaski County Circuit Court, 2014 Ark. 112, 431 S.W.3d 916 (2014).

10-4-422. Records — Public inspection — Definitions.

  1. The Legislative Auditor shall keep, or cause to be kept, a complete, accurate, and adequate set of fiscal transactions of Arkansas Legislative Audit.
  2. The Legislative Auditor shall also keep paper, digital, or electronic copies of all audit reports, examinations, investigations, and any other reports or releases issued by the Legislative Auditor.
    1. All working papers, including communications, notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of audit reports by Arkansas Legislative Audit, are exempt from all provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq., and are not to be considered public documents for purposes of inspection or copying under the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other law of the State of Arkansas, except as provided in this subsection.
    2. After any audit report has been presented to members of the Legislative Joint Auditing Committee, the audit report and copies of any documents contained in the working papers of Arkansas Legislative Audit shall be open to public inspection, except documents specifically exempted from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unsubstantiated allegations obtained in complying with auditing standards or other professional guidelines regarding the detection of fraud, and documents which disclose auditing procedures and techniques as defined in subdivision (c)(3) of this section.
    3. As used in this subsection:
      1. “Audit program” means the instructions and guidelines formulated by Arkansas Legislative Audit to inform its accountants about the examination procedures to be followed in the course of examining records and accounts to verify their accuracy, including verifications that the examination procedures have been followed; and
      2. “Documents which disclose auditing procedures and techniques” includes:
        1. Internal control questionnaires consisting of the checklist of accounting and administrative procedures employed by Arkansas Legislative Audit in the course of performing an audit; and
        2. An audit program.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 21.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” in (a) and (c)(3)(B)(i) and for “the division” in (c)(1), (c)(2), and (c)(3)(A); and substituted “auditing standards” for “the provisions of the American Institute of Certified Public Accountants’ Statement on Auditing Standards Number 99” in (c)(2).

10-4-423. Seal.

The Secretary of State shall procure an official seal for Arkansas Legislative Audit.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 22.

Amendments. The 2015 amendment substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit.”

10-4-424. Audit of information systems operations.

  1. Arkansas Legislative Audit may conduct audits of all or any part of the information systems or operations of any entity of the state or political subdivision of the state.
      1. Charges incurred in the performance of information systems audits or audit-related tasks by Arkansas Legislative Audit shall be absorbed by the entity of the state or political subdivision of the state being audited.
      2. However, the use shall not interfere with or impede normal information systems operations.
    1. The information systems provider shall provide requested data or other information or services to Arkansas Legislative Audit within ten (10) days of the request, unless another date is agreed to by the Legislative Auditor.
  2. The Division of Information Systems, its successor agency, or other entities of the state or political subdivisions of the state that provide internet, network, or other computer services or information to an entity of the state or a political subdivision of the state shall provide access to all data, support, or other necessary information services to Arkansas Legislative Audit in connection with their functions at no cost to Arkansas Legislative Audit.
  3. In connection with any audit by Arkansas Legislative Audit, contractual providers of information systems or other computer-related services to entities of the state or political subdivisions of the state shall cooperate and provide requested information at no cost to Arkansas Legislative Audit.
  4. All contracts by entities of the state and political subdivisions of the state with vendors for information systems or other computer services shall contain a provision permitting Arkansas Legislative Audit access and authority to audit computer applications supplied by vendors.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 23; 2019, No. 910, § 6065.

Amendments. The 2015 amendment substituted “information systems” for “data processing” in the section heading; substituted “Arkansas Legislative Audit” for “The Division of Legislative Audit” in (a) and for “the division” throughout the rest of the section; substituted “the information systems or operations” for “automated data processing operations or systems” in (a); in (b)(1)(A), substituted “Charges” for “Data processing charges,” inserted “information systems,” substituted “entity of the state” for “state agency,” and substituted “being audited” for “processing data for the computer application being accessed or audited”; substituted “information systems operations” for “processing by the data processing installation” in (b)(1)(B); and substituted “information systems” for “data processing” in (b)(2), (d), and (e).

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (c).

10-4-425. Format of private audit reports.

  1. To provide for a consistent and understandable financial format, all financial audit reports prepared by certified public accountants in private practice or public accountants of entities of the state or political subdivisions of the state shall be in substantially the same form as reports prepared by the Legislative Auditor for a similar governmental entity.
    1. The audit reports shall present the financial information and comments in a similar format as audit reports of the Legislative Auditor.
    2. The reports shall include coverage of all applicable laws that relate to the operation of the governmental unit, including coverage of purchasing, bonding, revenue, and expenditures with comments on any apparent violation of applicable state or local legislative acts, codes, rules, or regulations.
    1. The Legislative Joint Auditing Committee shall develop a system that allows an auditor in private practice to present a proposed format for preparing a given audit report on one (1) of the named governmental units for the review of the Legislative Joint Auditing Committee.
    2. If the Legislative Joint Auditing Committee finds that the audit report format is similar to the audit reports prepared by the Legislative Auditor, then the Legislative Joint Auditing Committee shall approve the format of the audit on the named governmental units.
    3. If the private auditor's format does not meet the approval of the Legislative Joint Auditing Committee, then the Legislative Joint Auditing Committee may authorize and direct that the audit shall be conducted by the staff of the Legislative Auditor.

History. Acts 2005, No. 2201, § 7; 2019, No. 315, § 752.

Amendments. The 2019 amendment inserted “rules” in (b)(2).

10-4-426. Continuing professional education courses.

  1. In addition to contracting with private entities, Arkansas Legislative Audit may contract and pay entities of the state or political subdivisions of the state or any of their part-time or full-time employees for services rendered or for materials, supplies, or other expenses incurred in conducting continuing professional education courses for the staff of Arkansas Legislative Audit.
  2. Any funds received by public employees under this section shall be considered supplemental to their regular salaried positions and shall not be subject to the restrictions of § 6-63-307, § 19-4-1604, or other statutory salary limitations regarding line item maximums or grades and steps.
  3. This section applies whether the public employee is paid directly or indirectly by an entity of the state or a political subdivision of the state.

History. Acts 2005, No. 2201, § 7; 2015, No. 554, § 24.

Amendments. The 2015 amendment, in (a), substituted the first occurrence of “Arkansas Legislative Audit” for “the Division of Legislative Audit” and the second occurrence for “the division.”

10-4-427. Claims against sureties.

  1. With the approval of the Legislative Joint Auditing Committee, the Legislative Auditor shall give notice and make proof of loss to and demand payment of the surety on any bond covering an official or employee in which the audit report of the records of that official or employee reflects any shortage or other liability for which that official or employee and his or her surety may in any way be liable.
    1. Within a reasonable time after the Legislative Auditor has given notice and made proof of loss and demand for payment as stated in subsection (a) of this section, the surety shall make payment of the amounts found to be due in the name of the appropriate entity and forward the payment to the entity.
    2. Upon receipt of payment from the surety, the entity shall credit the amounts received to the accounts entitled to the funds.
  2. The requirements of the self-insured fidelity bond program, § 21-2-701 et seq., shall apply to those officials or employees covered by the program, including, but not limited to, the provision for timing of coverage determinations by the Governmental Bonding Board under § 21-2-709.

History. Acts 2005, No. 2201, § 7; 2017, No. 391, § 1.

Amendments. The 2017 amendment substituted “entity” for “Legislative Auditor” at the end of (b)(1); and substituted “Upon receipt of payment from the surety, the entity shall” for “The Legislative Auditor shall transmit the payments received to the treasurers of the respective local taxing units with instructions to” in (b)(2).

10-4-428. Employment of outside legal counsel.

  1. Arkansas Legislative Audit may employ outside legal counsel as deemed necessary by the Legislative Auditor after receiving prior approval of the executive committee of the Legislative Joint Auditing Committee.
  2. If the executive committee of the Legislative Joint Auditing Committee approves the employment of outside legal counsel by Arkansas Legislative Audit, no additional approval is required.

History. Acts 2017, No. 736, § 6.

Chapter 5 Commission on Interstate Cooperation

10-5-101 — 10-5-105. [Repealed.]

Publisher's Notes. This chapter, concerning the Commission on Interstate Cooperation, was repealed by Acts 1995, No. 526, § 1. The chapter was derived from the following sources:

10-5-101. Acts 1951, No. 378, § 2; 1955, No. 164, § 1; 1957, No. 394, § 1; 1965, No. 374, § 1; 1983, No. 427, § 1; A.S.A. 1947, § 6-112.

10-5-102. Acts 1951, No. 378, § 3; A.S.A. 1947, § 6-113.

10-5-103. Acts 1951, No. 378, § 4; 1957, No. 394, § 2; A.S.A. 1947, § 6-114.

10-5-104. Acts 1951, No. 378, § 5; A.S.A. 1947, § 6-115.

10-5-105. Acts 1951, No. 378, § 6; A.S.A. 1947, § 6-116.

Chapter 6 Emergency Interim Legislative Succession Act

10-6-101 — 10-6-115. [Repealed.]

Publisher's Notes. This chapter was repealed by Acts 2013, No. 1465, § 7. The chapter was derived from the following sources:

10-6-101. Acts 1961, No. 486, § 1; A.S.A. 1947, § 4-118.

10-6-102. Acts 1961, No. 486, § 2; A.S.A. 1947, § 4-119.

10-6-103. Acts 1961, No. 486, § 3; A.S.A. 1947, § 4-120.

10-6-104. Acts 1961, No. 486, § 4; A.S.A. 1947, § 4-121.

10-6-105. Acts 1961, No. 486, § 5; A.S.A. 1947, § 4-122.

10-6-106. Acts 1961, No. 486, § 6; A.S.A. 1947, § 4-123.

10-6-107. Acts 1961, No. 486, § 7; A.S.A. 1947, § 4-124; Acts 1999, No. 646, § 2.

10-6-108. Acts 1961, No. 486, § 8; A.S.A. 1947, § 4-125.

10-6-109. Acts 1961, No. 486, § 9; A.S.A. 1947, § 4-126.

10-6-110. Acts 1961, No. 486, § 11; A.S.A. 1947, § 4-128.

10-6-111. Acts 1961, No. 486, § 10; A.S.A. 1947, § 4-127.

10-6-112. Acts 1961, No. 486, § 12; A.S.A. 1947, § 4-129.

10-6-113. Acts 1961, No. 486, § 14; A.S.A. 1947, § 4-131.

10-6-114. Acts 1961, No. 486, § 13; A.S.A. 1947, § 4-130.

10-6-115. Acts 1961, No. 486, § 15; A.S.A. 1947, § 4-132.

APPENDIX — TITLE 10 SUNSET LAWS.

The 1977 regular session of the General Assembly enacted a “sunset law” Acts 1977, No. 100, which provided for review, and possible termination, of numerous state agencies. This act was amended and supplemented by legislation in succeeding sessions through 1983. All continuations and terminations mandated by these acts are now complete and are reflected in this Code. The sunset laws are set out below for the convenience of users of this Code.

1. Acts 1977, No. 100.

SECTION 1. INTENT. The General Assembly hereby determines that State Government actions have produced a substantial increase in the number of agencies, departments, boards, commissions, institutions, and programs of this State, growth of pre-existing programs, and the proliferation of rules and regulations, and that this whole process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The General Assembly further determines that by establishing a system for the termination, study, review, continuation, or re-establishment of such agencies, it will be in a better position to evaluate the need for the continued existence of existing and future agencies, departments, boards, commissions, institutions, and programs of the State Government.

It is further the intention of the General Assembly to establish an orderly schedule for the termination of all existing State agencies, during a six-year period, but to make provision for legislative review by the Joint Interim Committees of the Arkansas General Assembly, including the holding of public hearings, to enable the General Assembly to have the benefit of recommendations for the continuation of those State agencies which are deemed to be essential for the necessary and efficient operation of Government, prior to the termination thereof.

SECTION 2. DEFINITIONS. As used in this Act, the term “State agency” or “State agencies” shall include and mean State agencies, departments, boards, commissions, institutions, councils, advisory committees, and programs and services of the State of Arkansas, to which specific reference is made in this Act.

SECTION 3. The following State agencies shall terminate on June 30, 1979:

  1. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Education:
    1. the State Department of Education and the State Board of Education, created by Section 3 of Act 169 of 1931, as amended, the same being Arkansas Statutes 80-102, which were transferred to the Department of Education under the provisions of Section 10 of Act 38 of 1971, the same being Arkansas Statutes 5-910;
    2. the Arkansas Library Commission, created by Section 1 of Act 139 of 1935, as amended, the same being Arkansas Statutes 6-301, as transferred to the Library Division of the Department of Education by Section 10 of Act 38 of 1971, the same being Arkansas Statutes 5-910, and the Library Division of the Department of Education, created by Section 10 of Act 38 of 1971;
    3. the Arkansas School for the Blind, created by Section 1 of Act 64 of 1879, as amended, the same being Arkansas Statutes 80-2201;
    4. the Arkansas School for the Deaf, created by Section 1 of Act 36 of 1868, as amended, the same being Arkansas Statutes 80-2301;
    5. the Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf, created by Section 2 of Act 1 of 1943, as amended, the same being Arkansas Statutes 7-201;
    6. the Educational Television Commission, created by Section 1 of Act 198 of 1961, the same being Arkansas Statutes 80-3901, as transferred to the Educational Television Division of the Department of Education by Section 10 of Act 38 of 1971, the same being Arkansas Statutes 5-910, and the Educational Television Division of the Department of Education, created by Section 10 of Act 38 of 1971; and
    7. the Board for Vocational Education, created by Section 187 of Act 169 of 1931, the same being Arkansas Statutes 80-2514.
  2. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Public Health, Welfare, and Labor:
    1. the Cooperative Area Manpower Planning System, created by Executive Order 73-1;
    2. the Liquefied Petroleum Gas Board, created by Section 1 of Act 31 of 1965, the same being Arkansas Statutes 53-701, and the Liquefied Petroleum Gas Advisory Committee, created by Section 5 of Act 31 of 1965, the same being Arkansas Statutes 53-704;
    3. the Employment Security Division of the Department of Labor, created by Section 10 of Act 391 of 1941, as amended, the same being Arkansas Statutes 81-1113;
    4. the Labor Board, created by Section 5 of Act 25 of 1968 (1st Ex. Sess.), the same being Arkansas Statutes 81-323;
    5. the Department of Labor, created by Section 2 of Act 161 of 1937, as amended, the same being Arkansas Statutes 5-915;
    6. the Office of the State Mine Inspector, created by Section 1 of Act 130 of 1917, as amended, the same being Arkansas Statutes 52-401, and as transferred to the Department of Labor by Section 15 of Act 38 of 1971, the same being Arkansas Statutes 5-915;
    7. the Board of Review created by Section 6 of Act 391 of 1941, as amended, the same being Arkansas Statutes 81-1107;
    8. the State Advisory Council to the Employment Security Division of the Department of Labor, created by Section 11 of Act 391 of 1941, as amended, the same being Arkansas Statutes 81-1114;
    9. the Elevator Safety Board, created by Section 2 of Act 189 of 1963, as amended, the same being Arkansas Statutes 82-1802;
    10. the Boiler Advisory Board, created by Section 2 of Act 494 of 1961, as amended, the same being Arkansas Statutes 81-502;
    11. the Arkansas Employment Agency Advisory Council, created by Section 3 of Act 493 of 1975, the same being Arkansas Statutes 81-1015;
    12. the Boiler Inspection Division of the Department of Labor, created by Section 1 of Act 494 of 1961, the same being Arkansas Statutes 81-501;
    13. the State Kidney Disease Commission, created by Section 2 of Act 450 of 1971, the same being Arkansas Statutes 82-2502;
    14. the State Spinal Cord Commission, created by Section 2 of Act 311 of 1975, the same being Arkansas Statutes 82-3302;
    15. the Pollution Control Commission, created by Section 3 of Act 472 of 1949, as amended, the same being Arkansas Statutes 82-1903, transferred to the Department of Pollution Control and Ecology by Section 8 of Act 38 of 1971, the same being Arkansas Statutes 5-908, and the Department of Pollution Control and Ecology created by Section 8 of Act 38 of 1971, the same being Arkansas Statutes 5-908.
    16. the Environmental Preservation Division of the Department of Pollution Control and Ecology, created by Section 8 of Act 38 of 1971, the same being Arkansas Statutes 5-908;
    17. the Division of Water Pollution Control, the Division of Air Pollution Control, the Division of Solid Waste Management, the Division of Environmental Preservation, and the Division of Administration of the Pollution Control Commission, created by Section 2 of Part I of Act 472 of 1949, as amended, the same being Arkansas Statutes 82-1903, and as transferred to the Department of Pollution Control and Ecology by Section 8 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-908;
    18. the State Health Planning Council, created by Section 3 of Act 305 of 1969, the same being Arkansas Statutes 82-2303, transferred to the Statewide Health Coordinating Council by Section 7 of Act 558 of 1975, the same being Arkansas Statutes 82-3607; and the Statewide Health Coordinating Council, created by Section 7 of Act 558 of 1975, the same being Arkansas Statutes 82-3607.
    19. the Nursing Home Advisory Council, created by Section 8 of Act 58 of 1969, the same being Arkansas Statutes 82-2208;
    20. the Advisory Hospital Council, created by Section 8 of Act 414 of 1961, as amended, the same being Arkansas Statutes 82-334;
    21. the Emergency Medical Services Advisory Council, created by Section 3 of Act 435 of 1975, the same being Arkansas Statutes 82-3403;
    22. the Child Care Facility Review Board, created by Section 12 of Act 434 of 1969, as amended, the same being Arkansas Statutes 83-911;
    23. the Arkansas Office on Drug Abuse Prevention of the Department of Social and Rehabilitative Services, created by Section 2 of Act 1000 of 1975, the same being Arkansas Statutes 82-2124;
    24. the Drug Abuse Authority, created by Section 2 of Act 1000 of 1975, the same being Arkansas Statutes 82-2124; and
    25. the Arkansas Drug Abuse Advisory Council, created by Section 6 of Act 1000 of 1975, the same being Arkansas Statutes 82-2128.
  3. The following State Agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Insurance and Commerce:
    1. the State Bank Department, created by Section 1 of Act 113 of 1913, as amended, the same being Arkansas Statutes 67-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    2. the State Banking Board, created by Section 1 of Act 60 of 1933, the same being Arkansas Statutes 67-201;
    3. the State Insurance Department, created by Section 16 of Act 148 of 1959, the same being Arkansas Statutes 66-2101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    4. the Securities Division of the State Bank Department, created by Section 30 of Act 254 of 1959, as amended, the same being Arkansas Statutes 67-1262, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    5. the Professional Malpractice Insurance Commission, created by Section 1 of Act 638 of 1975, the same being Arkansas Statutes 34-2601;
    6. the Arkansas Public Service Commission, created by Section 1 of Act 40 of 1945, the same being Arkansas Statutes 73-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    7. the Division of Utilities and Transportation of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    8. the Savings and Loan Association Board, created by Section 5 of Act 227 of 1963, as amended, the same being Arkansas Statutes 67-1805; and
    9. the Burial Association Board, created by Section 2 of Act 91 of 1953, the same being Arkansas Statutes 66-1802.
  4. The following State Agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Public Transportation:
    1. the Arkansas Transportation Commission, formerly known as the Arkansas Commerce Commission, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916, which was transferred to the Department of Commerce by the same Act;
    2. the Arkansas Bikeways Commission, created by Executive Order 73-7;
    3. the Arkansas Waterways Commission, created by Section 1 of Act 242 of 1967, as amended, the same being Arkansas Statutes 21-1701;
    4. the Arkansas Turnpike Authority, created by Section 2 of Act 312 of 1973, the same being Arkansas Statutes 76-2402;
    5. the White River Navigation District Commission, created by Section 1 of Act 168 of 1963, as amended, the same being Arkansas Statutes 21-1601; and
    6. the Mississippi River Parkway Commission of Arkansas, created by Section 1 of Act 151 of 1961, the same being Arkansas Statutes 76-1812, which was transferred to the Department of Parks and Tourism by Section 1 of Act 496 of 1975, the same being Arkansas Statutes 5-907.1.
    7. the Arkansas Motor Vehicle Commission, created by Section 4 of Act 388 of 1975, the same being Arkansas Statutes 75-2304.
  5. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on City, County, and Local Affairs:
    1. the Department of Local Services, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;
    2. the Local Services Advisory Council, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;
    3. the Office of Local and Regional Services within the Department of Local Services, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;
    4. the Health Planning Program of the Office of the Governor, transferred to the Department of Planning by Section 4 of Act 38 of 1971, the same being Arkansas Statutes (1973 Suppl.) 5-904, which was transferred to the Department of Local Services by Section 1 of Act 278 of 1975, the same being Arkansas Statutes (1976) 5-904;
    5. the Comprehensive State Health Planning Agency, created by Section 1 of Act 305 of 1969, the same being Arkansas Statutes 82-2301, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904, and which was transferred to the State Health Planning and Development Agency by Section 7 of Act 558 of 1975, the same being Arkansas Statutes 82-3607; and
    6. the Health Planning Advisory Council, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904.
  6. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Economic and Industrial Resources and Development:
    1. the Division of Soil and Water Resources of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    2. the Arkansas Soil and Water Conservation Commission, created by Section 1 of Act 14 of 1963, the same being Arkansas Statutes 9-118, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    3. the State Apiary Board, created by Section 1 of Act 59 of 1945, the same being Arkansas Statutes 78-1701, which was tranferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    4. the Arkansas Livestock and Poultry Commission, created by Section 1 of Act 87 of 1963, the same being Arkansas Statutes 78-301, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    5. the State Plant Board, created by Section 3 of Act 414 of 1917, as amended, the same being Arkansas Statutes 77-103, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    6. the Weights and Measures Division of the State Plant Board, created by Section 6 of Act 482 of 1963, as amended, the same being Arkansas Statutes 79-206, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    7. the Division of Livestock, Poultry, and Agriculture of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    8. the Division of Plants of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    9. the Department of Parks and Tourism, created by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-907;
    10. the State Parks, Recreation and Travel Commission, created by Section 1 of Act 330 of 1955, as amended, the same being Arkansas Statutes 9-202, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-916;
    11. the Stonewall Jackson Memorial Commission, created by Section 1 of Act 211 of 1957, as amended, the same being Arkansas Statutes 80-3801, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907;
    12. the Arkansas Territorial Capitol Restoration Commission, created by Section 2 of Act 388 of 1939, as amended the same being Arkansas Statutes 8-102, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907, and transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    13. the Poison Springs State Park, created by Section 1 of Act 182 of 1961, as amended, the same being Arkansas Statutes 9-635, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907;
    14. the Publicity Division of the Arkansas Publicity and Parks Commission, created by Section 1 of Act 310 of 1969, the same being Arkansas Statutes 9-221, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907;
    15. the Arkansas History Commission, created by Section 1 of Act 355 of 1911, as amended, the same being Arkansas Statutes 6-201, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907;
    16. the Monuments and Historical Sites Division of the Department of Parks and Tourism, created by Section 7 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-907;
    17. the State Economic Development Study Commission, created by Section 1 of Act 193 of 1975;
    18. the Mineral Resources Commission, authorized by House Concurrent Resolution 34 of 1973; and
    19. the Arkansas Civil War Centennial Commission, created by Section 1 of Act 213 of 1959, the same being Arkansas Statutes 8-701.
  7. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Judiciary:
    1. the Department of Public Safety, created by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    2. the Police Division of the Department of Public Safety, created by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    3. the Military Division of the Department of Public Safety, created by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    4. the Law Enforcement Training Academy Division of the Department of Public Safety, created by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    5. the Police Commission, created by Section 1 of Act 394 of 1969, as amended, the same being Arkansas Statutes 42-403;
    6. the Enforcement Division of the Alcoholic Beverage Control Commission, created by Section 18 of Act 159 of 1951, as amended, the same being Arkansas Statutes 48-1317, which was transferred to the Department of Public Safety by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    7. the Alcoholic Beverage Control Division of the Department of Finance and Administration, formerly the Department of Alcohol Beverage Control, created by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    8. the State Fire Marshal Enforcement Section of the Department of Public Safety, created by Section 21 of Act 1017 of 1975 (Ext. Sess. 1976), the same being Arkansas Statutes 5-914.1;
    9. the Arkansas Law Enforcement Training Academy, created by Section 1 of Act 526 of 1963, as amended, the same being Arkansas Statutes 42-701, which was transferred to the Department of Public Safety by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914;
    10. the Department of Correction, created by Section 1 of Act 50 of 1968 (First Extraordinary Session), as amended, the same being Arkansas Statutes 46-100;
    11. the Board of Pardons and Paroles, created by Section 1 of Act 621 of 1969, as amended, the same being Arkansas Statutes 43-2802;
    12. the State Penitentiary Board, created by Section 1 of Act 208 of 1945, as amended, the same being Arkansas Statutes (1964) 43-2801, as renamed the Board of Correction by Section 2 of Act 50 of 1968 (First Extraordinary Session), as amended, the same being Arkansas Statutes 46-101;
    13. the Workshop-Made Products Committee, created by Section 1 of Act 405 of 1973, as amended, the same being Arkansas Statutes 14-229; and
    14. the Board of Judicial Reapportionment, created by Section 2 of Act 325 of 1975, the same being Arkansas Statutes 22-310 note.
  8. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on State Agencies and Governmental Affairs:
    1. the Office of Planning, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;
    2. the Veterans Service Office, created by Section 1 of Act 234 of 1945, as amended, the same being Arkansas Statutes 11-1401;
    3. the State Building Services, created by Section 5 of Act 716 of 1975, the same being Arkansas Statutes 5-1022;
    4. the War Memorial Stadium Commission, created by Section 1 of Act 249 of 1947, as amended, the same being Arkansas Statutes 80-3401;
    5. the State Capitol Grounds Commission, created by Section 1 of Act 507 of 1963, the same being Arkansas Statutes 5-225;
    6. the Capitol Zoning District Commission, created by Section 1 of Act 267 of 1975, the same being Arkansas Statutes 5-235;
    7. the Claims Commission, created by Section 2 of Act 276 of 1955, as amended, the same being Arkansas Statutes 13-1401;
    8. the Criminal Detention Facilities Board, created by Section 3 of Act 244 of 1973, the same being Arkansas Statutes 46-1202;
    9. the Governor's Mansion Advisory Council, created by Section 6 of Act 400 of 1973, the same being Arkansas Statutes 12-318;
    10. the Governor's Mansion Commission, created by Section 1 of Act 400 of 1973, the same being Arkansas Statutes 12-313;
    11. the Arkansas Commission on Interstate Cooperation, created by Section 2 of Act 378 of 1951, as amended, the same being Arkansas Statutes 6-112;
    12. the Executive Committee on Law Enforcement Standards, created by Section 6 of Act 452 of 1975, the same being Arkansas Statutes 42-1005;
    13. the State Administration Department, created by Section 1 of Act 468 of 1967, the same being Arkansas Statutes 5-801, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    14. the Criminal Justice and Highway Safety Information Center, created by Section 1 of Act 286 of 1975, the same being Arkansas Statutes 5-1101;
    15. the Budget and Accounting Division; the Local Affairs and Audit Division; the Administrative Services Division; and the Purchasing Division of the State Administration Department, created by Section 3 of Act 468 of 1967, the same being Arkansas Statutes 5-803, which were transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    16. the Surplus Property Program, created by Section 1 of Act 303 of 1945, as amended, the same being Arkansas Statutes 80-732, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    17. the State Printing Board, created by Section 2 of Act 544 of 1975, as amended, the same being Arkansas Statutes 14-302;
    18. the Department of Alcohol Beverage Control, created by Section 1 of Act 159 of 1951, as amended, the same being Arkansas Statutes 48-1301, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    19. the Alcoholic Beverage Control Division of the Department of Finance and Administration, created by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    20. the Board of Finance, created by Section 1 of Act 338 of 1955, as amended, the same being Arkansas Statutes 13-401;
    21. the Board of Directors of the Garland Levee District, created by Act 311 of 1913;
    22. the Board of Directors of the Miller Levee District No. 2, created by Act 69 of 1911;
    23. the Board of Directors of the Red River Levee District No. 1, created by Act 97 of 1905;
    24. the Red River Commission, created by Section 1 of Act 264 of 1973, the same being Arkansas Statutes 21-1014;
    25. the Department of Finance and Administration, created by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    26. the Personnel Division of the State Administration Department, created by Section 1 of Act 466 of 1967, the same being Arkansas Statutes 5-810, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    27. the Office of Telecommunications, created by Section 2 of Act 47 of 1968 (First Extraordinary Session), the same being Arkansas Statutes 5-824, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    28. the Office of Data Processing, created by Section 2 of Act 46 of 1968 (First Extraordinary Session), the same being Arkansas Statutes 5-820, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    29. the Older Worker Community Service Employment Program, created by Section 2 of Act 815 of 1975, the same being Arkansas Statutes 81-1502, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904; and
    30. the Merit Council, as referred to in Section 6 of Act 280 of 1939, as amended, the same being Arkansas Statutes 83-107.
  9. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Revenue and Taxation:
    1. the Arkansas Racing Commission, created by Section 2 of Act 46 of 1957, as amended, the same being Arkansas Statutes 84-2728, which was transferred to the Division of Racing of the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    2. the Racing Division of the Department of Finance and Administration, created by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;
    3. the Tax Revision Commission, created by Section 1 of Act 726 of 1975; and
    4. the Office of Commissioner of Revenues, created by Section 2 of Act 88 of 1925, as amended, the same being Arkansas Statutes 84-1701, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905.
  10. The following State agencies, to be terminated on June 30, 1979, shall be reviewed by the Joint Interim Committee on Public Retirement and Social Security Programs:
    1. the Arkansas Highway Retirement System, created by Section 2 of Act 454 of 1949, as amended, the same being Arkansas Statutes 76-1902;
    2. the Arkansas Teacher Retirement System, created by Section 16 of Act 93 of 1957, as amended, the same being Arkansas Statutes 80-1436;
    3. the State Police Retirement System, created by Section 1 of Act 311 of 1951, as amended, the same being Arkansas Statutes 42-451;
    4. the Arkansas Judicial Retirement System, created by Section 2 of Act 365 of 1953, as amended, the same being Arkansas Statutes 22-902;
    5. the Arkansas Quasi-Judicial Retirement System, created by Section 1 of Act 148 of 1965, as amended, the same being Arkansas Statutes 12-2701;
    6. the State Division of the Public Employees Retirement System, created by Section 4 of Act 177 of 1957, as amended, the same being Arkansas Statutes 12-2504;
    7. the County Division of the Public Employees Retirement System, created by Section 4 of Act 177 of 1957, as amended, the same being Arkansas Statutes 12-2504;
    8. the Municipal Division of the Public Employees Retirement System, created by Section 4 of Act 177 of 1957, as amended, the same being Arkansas Statutes 12-2504;
    9. the Non-Teacher Public School Employees Division of the Public Employees Retirement System, created by Section 1 of Act 63 of 1965, as amended, the same being Arkansas Statutes 12-2542;
    10. the General Assembly Division of the Public Employees Retirement System, created by Section 1 of Act 202 of 1961, as amended, the same being Arkansas Statutes 12-2510.2;
    11. the Retired Constitutional Officers Division of the Public Employees Retirement System, created by Section 6 of Act 103 of 1971, the same being Arkansas Statutes 12-2511.2;
    12. the County Elected Constitutional Officers Division of the Public Employees Retirement System, created by Section 1 of Act 581 of 1973, the same being Arkansas Statutes 12-2511.5;
    13. the Arkansas Retirement Systems Study Committee, created by Section 1 of Act 293 of 1975;
    14. the Tax Division and the Assessment Coordination Division of the Public Service Commission, which were created by Section 1 of Act 245 of 1959, as amended, the same being Arkansas Statutes 84-114; and
    15. the Department of Revenues created by Section 2 of Act 88 of 1925, as amended, the same being Arkansas Statutes 84-1701, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905.

SECTION 4. The following State agencies shall terminate on June 30, 1981;

  1. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on Education:
    1. the Early Childhood Development Program, created by Section 1 of Act 63 of 1969, as amended, the same being Arkansas Statutes 80-1694;
    2. the Board of Education, created by Section 3 of Act 169 of 1931, the same being Arkansas Statutes 80-102;
    3. the Arkansas Fire Protection Personnel Standards and Education Commission, created by Section 3 of Act 483 of 1975, the same being Arkansas Statutes 19-2153;
    4. the Pupil Discipline in Public Schools Commission, created by Section 1 of Act 214 of 1975;
    5. the School Self-Insurance Advisory Committee, created by Section 4 of Act 380 of 1973, the same being Arkansas Statutes 80-3512;
    6. the School Self-Insurance Program, created by Section 6 of Act 380 of 1973, the same being Arkansas Statutes 80-3514;
    7. the Library Building Commission, created by Section 2 of Act 341 of 1969;
    8. the Education Commission of the States, created by Section 1 of Act 22 of 1965 (Second Extraordinary Session), as amended, the same being Arkansas Statutes 80-4501;
    9. the Student Loan Board, created by Section 3 of Act 884 of 1975, the same being Arkansas Statutes 80-4018;
    10. the Student Loan Guarantee Program, created by Section 2 of Act 27 of 1968 (First Extraordinary Session), the same being Arkansas Statutes 80-4013;
    11. the State Board of Higher Education, formerly the Commission on Coordination of Higher Educational Finance, created by Section 2 of Act 287 of 1971, the same being Arkansas Statutes 80-3349;
    12. the Department of Education, created by Section 9 of Act 38 of 1971, the same being Arkansas Statutes 5-909; and
    13. the Division of Community Junior Colleges within the Department of Higher Education, created by Section 6 of Act 287 of 1971, the same being Arkansas Statutes 80-3353.
  2. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on Public Health, Welfare, and Labor:
    1. the Department of Health created by Section 11 of Act 38 of 1971, the same being Arkansas Statutes 5-911;
    2. the State Cancer Commission, created by Section 1 of Act 277 of 1945, as amended, the same being Arkansas Statutes 82-601, which was transferred to the Chronic Disease Division of the Department of Health by Section 11 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-911;
    3. the Office of Alcohol Abuse and Alcoholism, created by Section 3 of Act 50 of 1973, the same being Arkansas Statutes 83-720;
    4. the Disability Determination for Social Security Administration, created by Section 1 of Act 14 of 1961 (Second Extraordinary Session), the same being Arkansas Statutes 83-801;
    5. the Community Based Rehabilitation Council, created by Section 3 of Act 378 of 1975, the same being Arkansas Statutes 43-2341;
    6. the Alcohol Abuse Advisory Council, created by Section 4 of Act 50 of 1973, the same being Arkansas Statutes 83-721;
    7. the Division of Rehabilitative Services of the Department of Social and Rehabilitative Services, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;
    8. the Division of Rehabilitative Services for the Blind, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;
    9. the State Health Planning and Development Agency, located within the Department of Health, created by Section 1 of Act 558 of 1975, the same being Arkansas Statutes 82-3601;
    10. the Blind Advisory Committee, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;
    11. the Office of the Blind and Visually Impaired of the Department of Social and Rehabilitative Services, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;
    12. the State Board of Veterinary Medical Examiners, created by Section 3 of Act 650 of 1975, the same being Arkansas Statutes 72-1134;
    13. the State Board of Sanitarians, created by Section 4 of Act 281 of 1957, the same being Arkansas Statutes 71-1604;
    14. the Psychology Examiners Board, created by Section 1 of Act 129 of 1955, the same being Arkansas Statutes 75-1501;
    15. the Board of Podiatry, created by Section 2 of Act 610 of 1923, the same being Arkansas Statutes 72-302;
    16. the Wastewater Plant Operators Licensing Committee, created by Section 2 of Act 211 of 1971, the same being Arkansas Statutes 82-1984;
    17. the Board of Pharmacy, created by Section 2 of Act 50 of 1891, the same being Arkansas Statutes 72-1002;
    18. the Board of Optometry, created by Section 2 of Act 94 of 1941, the same being Arkansas Statutes 72-802;
    19. the Inhalation Therapy Examination Committee, created by Section 3 of Act 168 of 1969, the same being Arkansas Statutes 72-1603;
    20. the Board of Hearing Aid Dispensers, created by Section 1 of Act 197 of 1969, the same being Arkansas Statutes 72-1701;
    21. the Board of Healing Arts, created by Section 3 of Act 187 of 1959, the same being Arkansas Statutes 72-123;
    22. the Board of Embalmers and Funeral Directors, created by Section 1 of Act 412 of 1957, the same being Arkansas Statutes 71-901;
    23. the Board of Dental Examiners, created by Section 2 of Act 14 of 1955, the same being Arkansas Statutes 72-535;
    24. the Board of Chiropractor Examiners, created by Section 1 of Act 26 of 1915, the same being Arkansas Statutes 72-401;
    25. the Coal Mine Examining Board, created by Section 1 of Act 486 of 1919, the same being Arkansas Statutes 52-501;
    26. the Cemetery Board, created by Section 4 of Act 250 of 1953, the same being Arkansas Statutes 82-414;
    27. the State Medical Board, created by Section 2 of Act 65 of 1955, the same being Arkansas Statutes 72-602; and
    28. the Board of Physical Therapy, created by Section 3 of Act 141 of 1959, the same being Arkansas Statutes 72-1319.
  3. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on City, County and Local Affairs:
    1. the Office of Economic Opportunity, which was transferred to the Department of Local Services by Section 1 of Act 278 of 1975, the same being Arkansas Statutes 5-904;
    2. the Department of Aeronautics, created by Section 1 of Act 457 of 1941, as amended, the same being Arkansas Statutes 74-102, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;
    3. the Special Committee on County Government, created by Section 1 of Act 135 of 1975; and
    4. the Municipal Corporation Board, created by Section 2 of Act 145 of 1893, as amended, the same being Arkansas Statutes 19-208.
  4. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on Economic and Industrial Resources and Development:
    1. the Great River Road Division of the Department of Parks and Tourism, created by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-907;
    2. the Arkansas Science and Technology Council, created by Section 1 of Act 535 of 1971, the same being Arkansas Statutes 6-1101;
    3. the State Forestry Commission, created by Section 1 of Act 42 of 1953, the same being Arkansas Statutes 9-701.1, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    4. the Arkansas Geological Commission, created by Section 1 of Act 16 of 1963, the same being Arkansas Statutes 9-400, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    5. the Oil and Gas Commission, created by Section 2 of Act 105 of 1939, the same being Arkansas Statutes 53-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    6. the Division of Forestry of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    7. the Division of Natural Resources of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    8. the Arkansas Commerce Commission, created by Section 2 of Act 132 of 1957, the same being Arkansas Statutes 73-152, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;
    9. the Arkansas Historical Preservation Program, created by Section 1 of Act 368 of 1969, the same being Arkansas Statutes 8-901, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    10. the Arkansas Commemorative Commission, created by Section 1 of Act 256 of 1947, the same being Arkansas Statutes 8-201, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-907, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    11. the Arkansas Museum and Cultural Commission, created by Section 1 of Act 515 of 1971, the same being Arkansas Statutes 6-1202;
    12. the Arts and Humanities Advisory Council of the Department of Local Services, created by Section 3 of Act 359 of 1971, the same being Arkansas Statutes 6-1003;
    13. the State Committee on Stream Preservation, created by Section 1 of Act 437 of 1967, the same being Arkansas Statutes 9-1201, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    14. the Natural Heritage Commission, created by Section 4 of Act 112 of 1973, the same being Arkansas Statutes 9-1404;
    15. the Department of Natural and Cultural Heritage, created by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    16. the Environmental Preservation Commission, created by Section 4 of Act 112 of 1973, the same being Arkansas Statutes 9-1404, which was transferred to the Arkansas Natural Heritage Commission by Section 1 of Act 227 of 1975, the same being Arkansas Statutes 9-1404.1;
    17. the Arkansas Natural and Cultural Heritage Advisory Committee, created by Section 5 of Act 1001 of 1975, the same being Arkansas Statutes 5-925;
    18. the Office of the Arkansas State Arts and Humanities of the Department of Planning, created by Section 3 of Act 359 of 1971, the same being Arkansas Statutes 6-1003, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;
    19. the Board of Registration for Foresters, created by Section 4 of Act 535 of 1969, as amended, the same being Arkansas Statutes 71-2404; and
    20. the War Decoration Commission, created by Section 1 of Act 172 of 1943, the same being Arkansas Statutes 11-1601.
  5. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on Judiciary:
    1. the Judicial Department, created by Section 1 of Act 496 of 1965, as amended, the same being Arkansas Statutes 22-142;
    2. the Justice Building Commission, created by Section 2 of Act 375 of 1955, as amended, the same being Arkansas Statutes 5-602;
    3. the Commission on Uniform State Laws, created by Section 1 of Act 159 of 1945, as amended, the same being Arkansas Statutes 6-401;
    4. the Information Practices Board, created by Section 4 of Act 730 of 1975, the same being Arkansas Statutes 16-804;
    5. the Investigator Licensing Board, created by Section 2 of Act 447 of 1965, the same being Arkansas Statutes 71-2102;
    6. the Alcoholic Beverage Control Board, created by Section 2 of Act 113 of 1955, the same being Arkansas Statutes 48-1302.1; and
    7. the Prosecution Coordination Commission, created by Section 2 of Act 925 of 1975, the same being Arkansas Statutes 24-127.
  6. The following State agencies, to be terminated on June 30, 1981, shall be reviewed by the Joint Interim Committee on State Agencies and Governmental Affairs:
    1. the Arkansas State Board of Public Accountancy, created by Section 2 of Act 160 of 1975, the same being Arkansas Statutes 71-612;
    2. the Revenue Department Building Commission, created by Section 2 of Act 38 of 1961 (First Extraordinary Session), as amended, the same being Arkansas Statutes Title 13 Appendix 12;
    3. the Soybean Promotion Board, created by Section 2 of Act 259 of 1971, the same being Arkansas Statutes 77-2002;
    4. the Saint Francis Levee District, created pursuant to Section 1 of Act 75 of 1929, as amended, the same being Arkansas Statutes 21-644;
    5. the Southern Interstate Nuclear Board, created by Section 1 of Act 429 of 1961, as amended, the same being Arkansas Statutes 9-1101;
    6. the Information Systems Executive Committee, created by Section 1 of Act 744 of 1975, the same being Arkansas Statutes 5-927;
    7. the Crime and Law Enforcement Commission, created by Executive Order 75-1;
    8. the Office on Aging, as transferred to the Department of Social Rehabilitative Services by Section 4 of Act 38 of 1971, the same being Arkansas Statutes 5-904 (1973 Suppl.);
    9. the Arkansas Veterans Service Office, created by Section 1 of Act 234 of 1945, the same being Arkansas Statutes 11-1401;
    10. the Arkansas Veterans Child Welfare Service, created by Section 1 of Act 189 of 1969, the same being Arkansas Statutes 11-1409;