Subchapter 1 — General Provisions

Effective Dates. Acts 2001, No. 912, § 3: Mar. 19, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the establishment of internet use policies for our public schools and libraries is vital; and that until this act goes into effect, minors will not be afforded the protection which will result from 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 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. 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.”

13-2-101. [Repealed.]

Publisher's Notes. This section, concerning libraries, archives, and cultural resources, was repealed by Acts 2013, No. 1347, § 1. The section was derived from Acts 1987, No. 555, §§ 1, 2; 2005, No. 1994, § 80.

13-2-102. Multijurisdictional system agreements.

All county public libraries created under the authority of § 13-2-401 et seq. and all city public libraries created under the authority of § 13-2-501 et seq. which have entered into interlocal cooperation agreements or any other formal or informal or contractual arrangements to form a joint city-county library, a regional library or library system, or any other form of multiple-jurisdiction library system which are not in written format shall within one (1) year formalize and renew in writing all such agreements and contractual arrangements among the libraries.

History. Acts 1997, No. 402, § 14.

A.C.R.C. Notes. As enacted by Acts 1997, No. 402, § 14, this section began:

“On and after the effective date of this act,”. The effective date of Acts 1997, No. 402, was August 1, 1997.

13-2-103. Library computer use — Policy — Signed agreement form required.

1. The board of directors of each library operated as an entity of the state or any city, county, or other political subdivision of the state with one (1) or more public access computers shall develop, adopt, and implement a written policy that:
   1. Establishes and maintains a system to prevent a minor from gaining computer access to materials harmful to minors as defined in § 5-68-501;
   2. Provides for:
      1. Suspending the privilege of a minor to use the public access computers if the minor violates the policy; and
      2. Revoking such a privilege for a repeat offender; and
   3. Requires each user to sign a computer-use agreement form outlining proper and improper use of public access computers prior to the user's being allowed to access the computer equipment.
2. For purposes of this section, “public access computer” means a computer that is:
   1. Located in a public school or public library;
   2. Accessible by a minor; and
   3. Connected to any computer communication system such as, but not limited to, what is commonly known as the Internet.
3. Copies of the standards and rules for the enforcement of this section shall be submitted to the Arkansas State Library.

History. Acts 2001, No. 912, § 2; 2003, No. 1473, § 28.

A.C.R.C. Notes. As enacted by Acts 2001, No. 912, subsection (a) contained the following language following “implement”:

“by August 1, 2001.”

Amendments. The 2003 amendment, in (a), deleted “by August 1, 2001” following “implement”; in (a)(1), inserted “and maintains” following “establishes” and substituted “a minor” for “minors”; inserted the subdivision designations in (a)(2); in (a)(2)(B), deleted “provides for” preceding “revoking” and substituted “offender” for “offenders”; in (a)(3), substituted “each user” for “all users” and “his or her” for “their”; and added (c).

Cross References. School computer use policy, § 6-21-107.

13-2-104. [Repealed.]

Publisher's Notes. This section, concerning library computer use policy, was repealed by Acts 2003, No. 1473, § 28. The section was derived from Acts 2001, No. 1533, §§ 1, 3. For current law, see § 13-2-103.

Subchapter 2 — Arkansas State Library

A.C.R.C. Notes. 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.”

Cross References. Depositories, § 25-18-301 et seq.

Effective Dates. Acts 1979, No. 489, § 12: July 1, 1979.

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.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-2-201. State and local publications defined — Exemptions.

1. As used in this subchapter, the terms “state publication” and “local publication” shall include any document issued or printed by any state agency or local government which may be released for distribution, but these terms do not include:
   1. The bound volumes of the printed acts of each of the sessions of the General Assembly;
   2. The bound volumes of the Arkansas Supreme Court Reports;
   3. Printed copies of the Arkansas Statutes of 1947 Annotated or pocket part supplements thereto;
   4. Any other printed document which may be obtained from the office of the Secretary of State upon the payment of a charge or fee therefor;
   5. Correspondence and intraoffice or interoffice or agency communications or documents which are not of vital interest to the public;
   6. 1. Publications of state or local agencies intended or designed to be of limited distribution to meet the requirements of educational, cultural, scientific, professional, or similar use of a limited or restricted purpose and which are not designed for general distribution.
      2. Similarly, other publications or printed documents which are prepared to meet the limited distribution requirements of a governmental grant or use which are not intended for general distribution shall also be deemed exempt from the provisions of this subchapter unless funds have been provided for printing of a quantity of such publications sufficient for distribution.
2. A depository copy of each document noted in subdivisions (a)(1), (2), (3), and (6) shall be made available to the Arkansas State Library.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

13-2-202. Effect of subchapter.

1. 1. Nothing in this subchapter shall repeal, alter, or change the duties and responsibilities of the Secretary of State to maintain a library of official books, records, and documents under the provisions of § 13-2-301 et seq. and other laws of this state which impose specific duties upon the Secretary of State.
   2. The library maintained by the Secretary of State under the provisions of § 13-2-301 et seq. shall be designated as the Library of the Secretary of State, and the Secretary of State shall be librarian thereof.
2. Nothing in this subchapter shall repeal, alter, or change the powers, duties, and responsibilities of the Arkansas State Archives as defined by law.

History. Acts 1979, No. 489, § 10; A.S.A. 1947, § 6-307n; Acts 2016 (3rd Ex. Sess.), No. 2, § 97; 2016 (3rd Ex. Sess.), No. 3, § 97.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (b).

13-2-203. Arkansas State Library created.

1. There is created and established within the Department of Education a division to be known as the Arkansas State Library.
2. The library shall function within the Department of Education in the same manner as provided by agencies transferred pursuant to a cabinet-level transfer under § 25-43-105 and which shall be adequately funded and properly housed in a designated building at the seat of state government.

History. Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301; Acts 2019, No. 910, § 2231.

Amendments. The 2019 amendment, in (b), substituted “Department of Education” for “department” and “pursuant to a cabinet-level transfer under § 25-43-105” for “to the principal Department of government by a type 1 transfer under the provisions of § 25-2-104”.

13-2-204. State Librarian.

1. The Arkansas State Library shall be headed by the State Librarian, to be appointed by the State Library Board, in consultation with the Secretary of the Department of Education. The State Librarian shall serve for such time and for such terms as the board may prescribe.
2. The State Librarian shall be a person of good professional standing and reputation, holding at least a master's degree from a graduate school of library science accredited by the American Library Association, and shall have had experience in library administration in academic, public, school, or special libraries.
3. The State Librarian shall have charge of the work of the library and shall perform such other duties as the board may prescribe.

History. Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301; Acts 2019, No. 910, § 2232.

Amendments. The 2019 amendment inserted “in consultation with the Secretary of the Department of Education” in (a).

13-2-205. State Library Board.

1. There is created the State Library Board.
2. 1. The board shall consist of seven (7) members, to be appointed by the Governor subject to confirmation by the Senate.
   2. The members of the board shall be appointed by the Governor for reasons of their interest in libraries and in statewide library development.
   3. 1. One (1) member of the board shall be appointed from each of the four (4) congressional districts of this state in existence at the time of appointment, and three (3) members shall be selected from the state at large.
      2. However, no more than two (2) members of the board shall be appointed from any one (1) congressional district.
   4. 1. All members appointed to the board shall serve terms of seven (7) years and until their successors are appointed and qualified.
      2. No board member shall be appointed to serve for more than two (2) consecutive full terms.
3. Vacancies occurring on the board due to death, resignation, or other reason shall be filled by appointment of the Governor for the remainder of the unexpired portion of the term in the same manner as for the initial appointment.
4. 1. Members of the board shall receive per diem at the rate established by law for attending board meetings or for performing other services required of members in their official capacity as members of the board.
   2. In addition, members shall be entitled to mileage at the rate provided by law for official travel of state employees for each mile in traveling from their place of residence to meetings of the board and returning or for attending to other authorized business of the board.

History. Acts 1979, No. 489, § 2; A.S.A. 1947, § 6-301; Acts 1997, No. 250, § 73; 1997, No. 1152, § 1; 2017, No. 540, § 12.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1997, No. 1152. Acts 1997, No. 250 amended subsection (d) of this section to read as follows:

“(d) Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.”

As enacted by Acts 1997, No. 1152, § 1, subdivision (b)(4)(B) began:

“Beginning January 1, 1998,”.

Publisher's Notes. Acts 1979, No. 489, § 2, also provided, in part, that the Arkansas Library Commission was abolished and that no less than four members of the commission serving on July 1, 1979, should be appointed as initial members of the State Library Board.

The terms of the members of the State Library Board are arranged so that one term expires every year.

Acts 1979, No. 489, § 10, abolished the State Library Board created by Acts 1927, No. 244, § 5, as amended, and transferred its functions and duties to the State Library Board created by this section.

Amendments. The 2017 amendment substituted “at the time of appointment” for “on July 1, 1979” in (b)(3)(A); and substituted “consecutive full terms” for “consecutive terms, including partial terms” in (b)(4)(B).

13-2-206. Meetings of board.

1. The State Library Board shall meet at such place or places and shall keep such records as it may deem appropriate.
2. The board shall select annually a chair and any other officers as it deems necessary.
3. The board shall adopt policies and bylaws governing its meetings, the conduct of its business, and the business of the Arkansas State Library.
4. The State Librarian shall serve as secretary of the board, but without a vote thereon, and shall attend all of the board meetings and keep records thereof.
5. A majority of the board's members shall constitute a quorum for the transaction of business, and all business transacted by the board shall be by majority vote of its members.

History. Acts 1979, No. 489, §§ 1, 3; A.S.A. 1947, §§ 6-301, 6-302; Acts 2019, No. 910, § 2233.

Amendments. The 2019 amendment substituted “secretary” for “Executive Secretary” in (d).

13-2-207. Powers and duties generally.

Within the limitations of facilities and funds provided for the Arkansas State Library, the library shall:

1. Acquire books and other library materials by purchase, exchange, gift, grant, or donation and catalog and maintain those books and materials and make them available for reference and research use of the public and the public officials and employees of this state and its political subdivisions under such rules established by the State Library Board as may be reasonably necessary to govern the use and preservation thereof;
2. Establish and maintain a collection of books and library materials of and pertaining to Arkansas and its people, resources, and history and maintain the collection as a separate section within the library;
3. Operate and maintain a collection of multimedia materials to complement book collections and establish reasonable rules for their use and preservation;
4. Provide specialized services to the blind and individuals with physical disabilities under a cooperative plan with the National Library Service for the Blind and Physically Handicapped of the Library of Congress;
5. Assist communities, libraries, schools, colleges, universities, study and civic clubs and groups, charitable and penal institutions, state agencies and departments, county and municipal governments, and any other institutions, agencies, and individuals with books, information, library materials, and services as needed;
6. Direct the establishment and development of county and regional library systems and programs, devise and implement a certification plan for public librarians, and assist in the design and building of public library facilities;
7. Conduct courses of library instruction, hold library institutes in various parts of the state, and encourage the recruitment and training of library personnel in any suitable manner;
8. Cooperate with the Division of Elementary and Secondary Education and the Division of Higher Education in devising plans for the development of libraries, in aiding librarians in their administration, in certification policies, and in formulating rules for the use of libraries;
9. Receive gifts of library materials, money, and real and personal property, to be held in trust, subject to the terms of the donation for the purposes of this subchapter;
10. Be the official state library agency designated to administer state and federal programs of aid to libraries and to undertake such other activities and services as will further statewide development of libraries and library systems through interlibrary, interagency, and interstate cooperation in order to secure efficient and effective library service for all Arkansans;
11. 1. Cooperate with the various officers, departments, and agencies of state government in pooling and sharing library materials and programs so that duplication of services and facilities shall be minimized and so that maximum utilization may be made of the library services and resources of this state.
    2. In furtherance of subdivision (11)(A) of this section, the library may enter into contracts or agreements with state officers, departments, and agencies for the provision of special library services where needed and, under the terms of the contract or agreement, may provide for the method of financing special costs incurred by the library in furnishing and maintaining such special library services; and
12. Perform all other functions and services that are common to the purposes and objectives of a state library.

History. Acts 1979, No. 489, § 4; A.S.A. 1947, § 6-303; Acts 1997, No. 208, § 9; 2019, No. 315, §§ 977, 978; 2019, No. 910, § 2234.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Publisher's Notes. Acts 1979, No. 489, § 7, provided that all powers and duties formerly vested in the Arkansas Library Commission, not specifically repealed by or inconsistent with the act, should be transferred to the State Library. It further provided for the transfer of all of the commission's property to the State Library to be used as the board should determine.

Acts 1979, No. 489, § 8, provided, in part, that all powers and duties formerly vested in the Secretary of State under Acts 1971, No. 163 (§§ 25-18-306 — 25-18-308), should be transferred to the Arkansas State Library.

Acts 1979, No. 489, § 9, provided, in part, that all powers, functions, and duties of the Arkansas Library Commission with respect to the Interstate Library Compact, § 13-2-601 et seq., and all contracts and agreements entered into by the commission under the compact, should be performed by the State Library and the State Library Board.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (3) and (8).

The 2019 amendment by No. 910, in (8), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education”.

Cross References. Preservation of state publications, § 13-3-108.

Records of public officials, preservation, § 13-3-107.

13-2-208. Cooperation with other libraries.

1. The Arkansas State Library shall cooperate with the public and private libraries in the State of Arkansas and may enter into necessary agreements with libraries in other states and the Library of Congress for the sharing of library books, documents, facilities, or services under such terms and conditions as the State Library Board shall determine to be within the scope and services of the Arkansas State Library and in keeping with the state's library programs.
2. 1. The Arkansas State Library shall obtain reports from all libraries and each year report the condition, growth, development, and manner of development of those libraries and such other facts and statistics as may be of public interest.
   2. The Arkansas State Library shall include a summary thereof in its biennial report, which shall be filed with the Governor and the presiding officer of each house of the General Assembly.

History. Acts 1979, No. 489, § 6; A.S.A. 1947, § 6-305.

13-2-209. Agreements with Arkansas State Archives and Secretary of State.

1. The Arkansas State Library, acting through the State Library Board, is authorized to enter into necessary agreements with the Arkansas State Archives, with respect to an overall plan and design to assure that the functions and materials of the library and the Arkansas State Archives may be convenient to the public and public officials of this state and to its political subdivisions, and to assure that unnecessary duplication of services and facilities is minimized.
2. 1. 1. In addition, the library is authorized to enter into contracts and agreements with the Secretary of State for the custody, storage, cataloging, or display in the library or Arkansas State Archives of any books, records, documents, or other papers in the custody of the Secretary of State.
      2. This shall be done under such terms and conditions as may be mutually agreed to by the parties.
   2. The library is also authorized to accept custody and control over any books, records, and documents which the Secretary of State is now required by law to keep or maintain in his or her official files or volumes, if:
      1. The Secretary of State shall determine that the records could be properly cataloged, stored, and preserved in the library or Arkansas State Archives; and
      2. The Governor agrees in writing for the transfer of the books, records, and documents from the Secretary of State to the library or Arkansas State Archives, in accordance with the terms of the agreement made in writing signed by the Secretary of State and the State Librarian or the State Historian for the custody, cataloging, preservation, and care of the records.

History. Acts 1979, No. 489, § 5; A.S.A. 1947, § 6-304; Acts 2016 (3rd Ex. Sess.), No. 2, § 98; 2016 (3rd Ex. Sess.), No. 3, § 98.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in the section heading and in (a); substituted “Arkansas State Archives” for “commission” in (a); and inserted “Arkansas” preceding “State Archives” in (b)(1)(A), (b)(2)(A), and (b)(2)(B).

13-2-210. Depository for federal, state, and local documents.

The Arkansas State Library shall serve as the state's regional depository library for federal documents and shall become the official depository for state and local documents.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

13-2-211. Depository agreements and eligibility.

1. The Arkansas State Library may enter into depository agreements with any city, county, district, regional, town, school, college, or university library in this state.
2. The Arkansas State Library shall establish standards for eligibility as a depository library under this section, § 13-2-210, and §§ 13-2-212 — 13-2-214. The standards may include and take into account:
   1. The type of library;
   2. The library's ability to preserve state and local publications and to make them available for public use; and
   3. The library's geographical location, in order to assure that the publications are conveniently accessible to residents in all areas of the state.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

13-2-212. State and Local Government Publications Clearinghouse.

1. The Arkansas State Library shall create and maintain a State and Local Government Publications Clearinghouse.
2. The Arkansas State Library shall make such rules as may be necessary to carry out the purposes of the clearinghouse.
3. 1. All state agencies, including the General Assembly and its committees, constitutional officers, any department, division, bureau, board, commission, or agency of the State of Arkansas, all local governments, including cities of the first and second class and incorporated towns, and counties, and all boards, commissions, or agencies thereof shall furnish to the Arkansas State Library, upon release, a specified number of copies of each of its state or local publications.
   2. These publications shall be furnished to enable the clearinghouse to meet the needs of the Depository Library System and to provide library loan services to those libraries without depository status.
   3. The distribution will be required only if sufficient funds are appropriated for the printing of these materials by the agencies, boards, and commissions and for the distribution thereof by the Arkansas State Library to depository libraries.
4. At least quarterly, and more frequently if funds are available, the clearinghouse of the Arkansas State Library shall publish and, upon request, distribute a list of state publications to all state agencies and contracting depository libraries.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

13-2-213. Number of copies provided clearinghouse.

1. If sufficient funds are available, each state and local agency printing or duplicating publications of the type which are to be made available to the State and Local Government Publications Clearinghouse shall print or duplicate fifty (50) additional copies or a lesser number as may be requested by the Arkansas State Library, for deposit with the clearinghouse for distribution to established depository libraries or interstate library exchange.
2. However, if a state agency or a local governmental agency does not have sufficient funds or resources available to furnish the fifty (50) copies to the clearinghouse, it shall notify the Arkansas State Library and deliver to the clearinghouse three (3) copies of each publication to be maintained in the Arkansas State Library, to be indexed and made available on loan to participating libraries through the interlibrary loan services of the Arkansas State Library.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

13-2-214. Libraries of colleges and universities — Contracts — Status.

1. The Arkansas State Library is authorized to enter into contracts or agreements with the Mullins Library of the University of Arkansas at Fayetteville and the library of each of the state-supported institutions of higher learning in this state to provide through the State and Local Government Publications Clearinghouse any of the clearinghouse, exchange, depository, or selective or partial depository duties or functions of any of the libraries, or to provide depository library services in behalf of any of the libraries that may be mutually agreed to by the Arkansas State Library and the Mullins Library of the University of Arkansas at Fayetteville or one (1) of the several institutions of higher learning of this state.
2. 1. Nothing in this subchapter shall be construed to repeal, amend, modify, or affect the status of the Mullins Library of the University of Arkansas at Fayetteville as a depository of state, city, and county documents under the provisions of §§ 25-18-301 — 25-18-304.
   2. This subchapter shall not repeal, amend, modify, or affect the powers of the Mullins Library of the University of Arkansas at Fayetteville or the library of each of the state-supported institutions of higher learning to be a selective or partial depository of state, city, and county documents under the provisions of §§ 25-18-306 — 25-18-308.

History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307.

Publisher's Notes. Sections 25-18-302 — 25-18-304, referred to in subsection (b), were repealed by Acts 1993, No. 1224, § 6.

Subchapter 3 — Library of the Secretary of State

13-2-301. Librarian.

The Secretary of State shall be librarian for the Library of the Secretary of State and shall have custody and direction of all books, papers, maps, charts, and all other things belonging to it, and he or she shall take special care that none of them be lost or injured.

History. Rev. Stat., ch. 144, § 1; C. & M. Dig., § 4428; Pope's Dig., § 5463; A.S.A. 1947, § 5-301.

Publisher's Notes. Section 13-2-202 provides that nothing in § 13-2-201 et seq., which created the State Library Board, shall affect the duties of the Secretary of State under this subchapter and that the library maintained by the Secretary of State shall be known as the Library of the Secretary of State.

13-2-302. Binding of books and documents.

The Secretary of State shall cause to be bound, if not already done, in an inexpensive and substantial manner, three (3) copies of each of the acts of the General Assembly.

History. Rev. Stat., ch. 144, § 2; C. & M. Dig., § 4429; Pope's Dig., § 5464; A.S.A. 1947, § 5-302; Acts 2001, No. 791, § 1.

Amendments. The 2001 amendment substituted “acts of the General Assembly of this state” for “following works”; and deleted (1) through (4).

13-2-303. [Repealed.]

Publisher's Notes. This section, concerning books arranged in a convenient room, was repealed by Acts 2001, No. 791, § 2. The section was derived from Rev. Stat., ch. 144, § 3; C. & M. Dig., § 4430; Pope's Dig., § 5465; A.S.A. 1947, § 5-303.

13-2-304. Procuring copies of missing books.

Where there shall be a deficiency in any of the acts, journals, or other works, it shall be the duty of the Secretary of State to correspond with the proper officer for the purpose of procuring copies of the different works, and, if not otherwise procured, he or she shall purchase them and place them in the Library of the Secretary of State.

History. Rev. Stat., ch. 144, § 4; C. & M. Dig., § 4431; Pope's Dig., § 5466; A.S.A. 1947, § 5-304.

13-2-305. [Repealed.]

Publisher's Notes. This section, concerning the purchase of books as directed by the General Assembly, was repealed by Acts 2001, No. 791, § 3. The section was derived from Rev. Stat., ch. 144, § 5; C. & M. Dig., § 4432; Pope's Dig., § 5467; A.S.A. 1947, § 5-305.

13-2-306. Expenses of procuring works.

All expenses of procuring copies of acts, journals, and other works as are mentioned in this subchapter shall be paid out of the contingent fund of the General Assembly.

History. Rev. Stat., ch. 144, § 6; C. & M. Dig., § 4433; Pope's Dig., § 5468; A.S.A. 1947, § 5-306.

13-2-307. Accounts.

The Auditor of State shall adjust the accounts of the Secretary of State as Librarian for the Library of the Secretary of State and draw warrants for the payment of them.

History. Rev. Stat., ch. 144, § 7; C. & M. Dig., § 4434; Pope's Dig., § 5469; A.S.A. 1947, § 5-307.

13-2-308. Privilege of using books.

The officers of the several departments of the state, who are entitled to the use of the Library of the Secretary of State, may introduce citizens or strangers into the library, who shall have the privilege, during all seasonable hours, to read any of the books therein.

History. Rev. Stat., ch. 144, § 11; C. & M. Dig., § 4438; Pope's Dig., § 5473; A.S.A. 1947, § 5-311.

13-2-309. Removal of books.

1. No person shall be permitted to remove any book from the Library of the Secretary of State except the Governor, Auditor of State, Treasurer of State, members of the General Assembly, Justices of the Supreme Court and judges of circuit courts, and attorneys for the state.
2. No person shall be permitted to remove any book from the library without giving a receipt therefor to the Secretary of State.

History. Rev. Stat., ch. 144, §§ 8, 9; C. & M. Dig., §§ 4435, 4436; Pope's Dig., §§ 5470, 5471; A.S.A. 1947, §§ 5-308, 5-309.

13-2-310. Injury to or failure to return books or charts — Penalty.

If any person shall injure or fail to return any book, map, or chart taken from the Library of the Secretary of State for more than three (3) months, he or she shall forfeit and pay to the Secretary of State, for the use and benefit of the library, three (3) times the value thereof, or of the set to which it belongs, to be recovered in the name of the state for the use of the library.

History. Rev. Stat., ch. 144, § 10; C. & M. Dig., § 4437; Pope's Dig., § 5472; A.S.A. 1947, § 5-310.

Subchapter 4 — County Libraries

A.C.R.C. Notes. References to “this subchapter” in §§ 13-2-401 — 13-2-408 may not apply to § 13-2-409, which was enacted subsequently.

Cross References. Local government reserve funds, § 14-73-101 et seq.

Public bodies corporate and politic, § 25-20-201 et seq.

Supreme Court Reports, § 25-18-218.

13-2-401. Establishment.

1. The county quorum courts of the several counties shall have the power and authority to establish, maintain, and operate county public libraries or public library services or systems in the manner and with the functions prescribed in this subchapter, and counties may appropriate money for these purposes.
2. The county quorum court shall also have the power to establish in cooperation with another county or other counties a joint public library or a joint library service or system for the benefit of the cooperating counties.
3. 1. Establishment of county libraries or library systems shall be evidenced by an ordinance of the county quorum court or by an agreement between the governing bodies of the several counties participating in a regional library system or coordinating library services under an interlocal agreement.
   2. Appropriations for the establishment and maintenance of a county library or library system shall be in the manner prescribed by law for expenditures by counties.
4. In addition to county library boards created under this section, § 13-2-402, and § 13-2-404, a county quorum court may by ordinance establish a county library board to conduct the affairs of the county public library or its library services or system in accordance with the law for establishing other county advisory or administrative boards found at § 14-14-705.

History. Acts 1927, No. 244, § 1; Pope's Dig., § 2629; A.S.A. 1947, § 17-1001; Acts 1997, No. 402, § 1; 2011, No. 837, § 1.

A.C.R.C. Notes. As enacted by Acts 1997, No. 402, § 1, subdivision (d)(2) began:

“Beginning January 1, 1998,”.

Amendments. The 2011 amendment deleted (d)(2).

13-2-402. Librarian.

1. No person shall be appointed to the office of county librarian unless prior to appointment the person is recommended for appointment by the county library board, if the board has been created.
2. The county librarian shall conduct the library according to the most acceptable library methods.

History. Acts 1927, No. 244, § 4; Pope's Dig., § 2632; A.S.A. 1947, § 17-1004; Acts 1997, No. 402, § 2.

13-2-403. Multidistrict counties.

In any county in this state which is divided into two (2) districts and which has two (2) county seats, each district of the county may be considered as an individual county for the purpose of levying a county library tax under the provisions of Arkansas Constitution, Amendment 38.

History. Acts 1973, No. 239, § 1; A.S.A. 1947, § 17-1001.1.

13-2-404. County public library fund — Claims.

1. 1. All tax and other county-appropriated funds of the county public library shall be in the custody of the county treasurer and shall constitute a separate fund, to be known as the “county public library fund”.
   2. 1. A county that supports a county public library or library system with a library tax under Arkansas Constitution, Amendment 38, shall by ordinance of the quorum court of the county levy a tax at a millage rate approved by the voters on all taxable property within the county to be used for the support, operation, and maintenance of the public library or public library system located in the county.
      2. As used in Arkansas Constitution, Amendment 38, “maintaining and operating” a public county library or a county library service or system includes the:
         1. Repair and upkeep of property and equipment;
         2. Overhead and ongoing costs; and
         3. General and administrative expenses.
      3. Except as otherwise provided in the ordinance, “maintaining and operating” includes without limitation:
         1. Postage, telephone, and Internet services;
         2. Printing;
         3. Library-owned motor vehicle expenses;
         4. Advertising;
         5. Minor and major repairs;
         6. Maintenance contracts;
         7. Lawn care services;
         8. Utilities and fuel;
         9. Rent and lease payments;
         10. Insurance premiums;
         11. Association and membership dues;
         12. Contractual services not otherwise classified;
         13. Consumable supplies, materials, and commodities;
         14. Court costs;
         15. Equipment not capitalized;
         16. Applicable petty cash reimbursements, laundry, and taxes;
         17. Travel, subsistence, meals, lodging, and transportation of county library employees or officials traveling on official business; and
         18. Such other items and expenses as may be considered maintaining and operating a public county library or a county library service or system under Arkansas Constitution, Amendment 38.
   3. In addition to the levy authorized by this section, the quorum court in a county may appropriate from any available funds for the support, operation, and maintenance of a public library or public library system located in the county.
   4. Further, the quorum court in a county may appropriate from the county funds and any other available funds for the support, operation, and maintenance of a regional public library system in which the county has agreed to participate in coordination with the libraries of other counties and other cities.
2. 1. Funds received by the county public library by gift, bequest, devise, or donation or from fees or fines may remain in the custody of the county library board, if a board has been created, or deposited with the county treasurer for the county public library fund if the county library board so chooses or if a board has not been created.
   2. Funds retained by the county library board shall be used by it for the establishment, expansion, construction, maintenance, and operation of the county library.
3. 1. No claim against the fund shall be approved by the county court until acted upon by the governing library board, if a governing library board has been created, and payment authorized by the governing library board.
   2. When certified as a valid claim by the governing library board, the claim shall be acted upon as all other claims against the county.
   3. 1. 1. Pursuant to an ordinance adopted by the quorum court at the request of the governing library board, the governing library board may certify to the county treasurer a claim against the fund for an amount equal to the undistributed balance of the fund.
         2. The ordinance shall specify the frequency that the claim may be made. The frequency shall not be more than monthly.
      2. The claim shall be acted upon as all other claims against the county.
      3. When the claim is paid, the funds shall be in the custody of the governing library board and shall be subject to expenditure pursuant to an appropriate resolution or budget adopted by the governing library board.

History. Acts 1927, No. 244, § 2; Pope's Dig., § 2630; Acts 1981, No. 49, § 1; A.S.A. 1947, § 17-1002; Acts 1995, No. 232, § 2; 1997, No. 402, § 3; 2005, No. 1162, § 1; 2009, No. 570, § 1; 2009, No. 764, § 1.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2009, No. 764. Subsection (a)(2)(B) was also added by Acts 2009, No. 570, to read as follows: “(B) Maintenance and operation costs include rental costs paid for the library facility.”

Amendments. The 2009 amendment by No. 764 inserted (a)(2)(B) and (C) and redesignated the remaining text of (a)(2) accordingly.

13-2-405. Surplus funds — Matching funds.

1. The governing board of any county public library is authorized to use any surplus funds available in the operating or maintenance account of the public library for matching federal or other funds available for financing necessary expansions or improvements of the public library.
2. Before using any of the funds for the purposes of this section, the governing board of the county public library shall adopt a resolution setting forth the:
   1. Amount of the funds to be used;
   2. Purposes for which the funds are to be used;
   3. Amount of matching funds to be derived by the use of the funds; and
   4. Nature of the expansions or improvements to be made.
3. The resolution shall include a declaration that the use of the funds will not jeopardize any existing program of the county public library and that the funds are not needed for any existing or anticipated maintenance or operating purpose of the library.
4. The governing board of any county library using funds as authorized in this section is authorized to enter into contracts or agreements necessary to accomplish the purposes of this section.
5. 1. With respect to the purposes of this section, the governing board is authorized to accept gifts, grants, or donations of both real and personal property from the federal government or from any person, firm, or corporation.
   2. These gifts, grants, or donations shall be used for the purposes of the expansion or improvement of the public library.

History. Acts 1965, No. 402, § 1; A.S.A. 1947, § 19-3205.1.

Publisher's Notes. Acts 1965, No. 402, § 1, is also codified as § 13-2-504.

13-2-406. Library services for outside the county — Fees for county public libraries.

1. Any county public library may extend the privilege and use of the library and library services to persons residing outside the county upon the terms and conditions as the library boards may prescribe by regulation or policy.
2. In addition, reasonable reimbursements may be collected by the county public library for providing any special library services beyond the customary library services, provided that they are determined in advance and in writing by the library board, if a board has been created.

History. Acts 1997, No. 402, § 4.

13-2-407. Joint city-county and regional public library systems.

1. 1. Any county library board, with the consent of its county quorum court, the board of trustees of any municipal public library, any group of municipal public libraries, and any combination of counties and cities may contract with each other or among themselves to create, maintain, and support a joint city-county public library system or regional public library system or may enter into an interlocal cooperation agreement among themselves to coordinate public library services among the different jurisdictions.
   2. Such a contract, interlocal agreement, or other arrangement shall contain terms, agreements, and conditions as may be agreed upon by the county library board, the county quorum court, and the board of trustees of the several municipalities with the final approval of the governing body of the cities.
   3. The expenses of the regional public library system or the cooperating libraries shall be apportioned between or among the entities concerned on such a basis as shall be agreed upon in the ordinance, contract, arrangement, or interlocal agreement.
   4. The library system headquarters building shall be located at a place in one (1) of the counties to be agreed upon by the quorum courts of the various counties in the regional public library or with a cooperating library system.
2. Any county library board may contract with an entity to provide library services at any location.
3. Any joint city-county public library system or regional public library system may extend the privilege and use of the library and library services to persons residing outside the several jurisdictions of the library system upon the terms and conditions as the several library boards may prescribe by regulations or policy.
4. 1. If not provided for by the library system or by one (1) of the participating jurisdictions of the library system, all eligible employees of a joint city-county library or a regional public library system shall be entitled to the comparable retirement and fringe benefit coverage as are other county employees in the headquarters county.
   2. Costs for these benefits shall be apportioned among the participating jurisdictions of the joint city-county library or a regional public library system.

History. Acts 1997, No. 402, § 5.

13-2-408. Injuries to county public library property — Penalty.

1. In addition to any penalties prescribed and notwithstanding any provisions to the contrary in the Arkansas Library Materials Security Law, § 13-2-801 et seq., the county quorum court shall have the power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon library grounds or property or injuring or failing to return any book, periodical, or property belonging to the library.
2. The county library board or the county librarian may refuse the use of the library to such offenders.

History. Acts 1997, No. 402, § 6.

13-2-409. County library tax petition — Filing fee.

When a petition is filed as authorized in Arkansas Constitution, Amendment 38, as amended by Amendment 72, to submit to the electors of a county the question of levying, increasing, decreasing, or repealing a county library tax and the petition or the sponsor of the petition requests that the question be submitted at a special election, the sponsor of the petition may be required by the county quorum court to pay a filing fee not to exceed two thousand dollars ($2,000) which shall be used to offset a portion of the cost of calling and conducting the special election.

History. Acts 2001, No. 1377, § 1.

A.C.R.C. Notes. References to “this subchapter” in §§ 13-2-401 — 13-2-408 may not apply to this section, which was enacted subsequently.

Subchapter 5 — Municipal Libraries and Reading Rooms

Effective Dates. Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. 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.”

Cross References. Local government reserve funds, § 14-73-101 et seq.

Public bodies corporate and politic, § 25-20-201 et seq.

Public libraries, Ark. Const. Amend. 30.

13-2-501. Establishment — Appropriations.

1. 1. The city council or governing body of any city of the first class may by ordinance establish and maintain a public library for the use and benefit of the inhabitants of the city.
   2. The governing body of any city which levies a city library tax in accordance with Arkansas Constitution, Amendment 30, shall establish, operate, and maintain a city public library or library services for the citizens of the city.
2. 1. In a city of the first class, on petition of five percent (5%) of the voters requesting the establishment of a public library, the city council or governing body of the municipality within thirty (30) days after the filing of the petition shall call an election to be held in accordance with § 7-11-201 et seq.
   2. 1. The election shall be advertised and conducted as special elections are required by law to be advertised and conducted.
      2. The ballots shall be marked “FOR Public Library”, “AGAINST Public Library”.
   3. If a majority of the electors voting at the election vote in favor of the establishment of a public library, it shall be the duty of the city council or the governing body of the municipality immediately to establish a public library and continue to maintain it in accordance with the provisions of this section.
3. When a public library has been established, the city council or the governing body of the municipality may allot for library purposes a prescribed proportion of its municipal revenues to be used exclusively for the maintenance of the public library.
4. 1. A city which supports a city public library or library system with a city library tax under Arkansas Constitution, Amendment 30, shall by ordinance of the governing body of the municipality appropriate all tax revenues raised by the millage approved by the voters on all taxable property within the city to be used for the support, operation, and maintenance of the public library or public library system located in the city or for library services from within a library system in which the city participates.
   2. In addition to the levy authorized in this subsection, the governing body of the municipality may make contributions from any available funds for the support, operation, and maintenance of a city public library or public library system located in the city or for library services from within a library system in which the city participates.
   3. Further, the governing body of a municipality may make contributions from the city funds and any other available funds for the support, operation, and maintenance of a joint city-county or regional public library system in which the city has agreed to participate in coordination with the libraries of other cities and other counties.

History. Acts 1931, No. 177, § 1; Pope's Dig., § 9590; A.S.A. 1947, § 19-3201; Acts 1991, No. 417, § 1; 1997, No. 402, § 7; 2005, No. 2145, § 17; 2007, No. 1049, § 34; 2009, No. 1480, § 49.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (b)(1).

13-2-502. Board of trustees.

1. 1. When any city council or governing body of a city of the first class has decided to establish and maintain a public library under this subchapter, the mayor of the city with the approval of the city council shall appoint a board of not fewer than five (5) trustees nor more than seven (7) trustees for the library.
   2. The trustees shall be chosen from the citizens at large with reference to their fitness for the office.
   3. Before entering upon the duties of their office, the trustees shall make oath or affirmation before some judicial officer that they will discharge the duties enjoined upon them.
2. The trustees shall receive no compensation for their services.
3. 1. Two (2) trustees shall hold office for two (2) years, two (2) for four (4) years, and one (1) or more members for five (5) years from the January 1 following their appointment in each case. At the first meeting they shall cast lots for their respective terms, reporting the result to the council or governing body. All subsequent terms shall be for five (5) years.
   2. However, all trustees appointed after January 1, 1998, shall serve terms of five (5) years and until their successors are appointed and qualified. Any trustee may succeed himself or herself in office.
4. 1. The removal of any trustee permanently from the city or his or her absence from four (4) consecutive meetings of the board without due explanation of absence shall render his or her office as trustee vacant.
   2. Vacancies on the board shall be filled by the mayor with the approval of the city council or governing body.
5. Immediately after their appointment, the trustees shall meet and organize by the election of one (1) of their number as president and by the election of such other officers as they may deem necessary.
6. The trustees shall make and adopt such bylaws, rules, and regulations for their own guidance as they see fit.
7. The trustees shall meet once a calendar quarter, or more often if necessary, for the transaction of business.
8. With the final approval of the city council or governing body of the municipality, the trustees shall have the authority:
   1. To negotiate and carry out all agreements between the city public library and the governing boards of the several city libraries and any counties participating in a joint city-county library or a regional library system; or
   2. To coordinate any and all library services for their city under an interlocal cooperation agreement.

History. Acts 1931, No. 177, §§ 2-4; Pope's Dig., §§ 9591-9593; Acts 1973, No. 56, § 1; A.S.A. 1947, §§ 19-3202 — 19-3204; Acts 1997, No. 204, § 1; 1997, No. 402, § 8; 2001, No. 630, § 1; 2001, No. 1515, § 1.

Amendments. The 2001 amendment, by No. 630, redesignated the former (c)(1) as the present (c); added the last sentence in (c); and deleted (c)(2).

The 2001 amendment, by No. 1515, deleted “or has decided to provide library services to its citizens through participation in a library system” preceding “under this subchapter” in (a)(1); and substituted “the trustees” for “they” in (a)(3).

13-2-503. Powers of trustees — Librarian and staff.

1. 1. All moneys received for library purposes, whether by taxation or otherwise, shall belong to and be designated as the library fund.
   2. The moneys shall be kept separate and apart from other funds of the city and drawn upon by the proper officers of the library upon the properly authenticated invoices of the library board of trustees.
2. 1. The board shall have exclusive control of the expenditures of all moneys collected to the credit of the library fund and of the construction of any library building.
   2. The board shall have the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for library purposes.
3. 1. 1. The board shall have the power to purchase or lease grounds or to purchase, lease, erect, and occupy appropriate buildings for the use of the library.
      2. When a building erected or purchased by the board is not adapted to its purpose or needs, the board may remodel or reconstruct the building.
   2. The board may also sell or otherwise dispose of any real or personal property that it deems no longer necessary or useful for library purposes.
4. 1. The board shall have the power to appoint a librarian qualified by education, training, experience, and personality, who shall serve at the will of the board.
   2. The board shall have the power to appoint necessary assistants and other members of the staff, basing their appointment on the recommendation of the librarian.
5. The board shall have the power to make necessary rules and regulations for administering the library and shall make provisions for representation at library conventions.

History. Acts 1931, No. 177, § 5; Pope's Dig., § 9594; A.S.A. 1947, § 19-3205; Acts 2005, No. 1246, § 1.

Cross References. Exemption from civil service commission act, § 14-49-301.

13-2-504. Surplus funds — Matching funds.

1. The board of trustees of any city public library is authorized to use any surplus funds available in the operating or maintenance account of the library for matching federal or other funds available for financing necessary expansions or improvements of the library.
2. Before using any of the funds for the purposes of this section, the board shall adopt a resolution setting forth the amount of the funds to be used, the purposes for which the funds are to be used, the amount of matching funds to be derived by the use of the funds, and the nature of the expansions or improvements to be made.
3. The resolution shall include a declaration that the use of the funds will not jeopardize any existing program of the library and that the funds are not needed for any existing or anticipated maintenance or operating purpose of the library.
4. The board, using funds as authorized in this section, is authorized to enter into contracts or agreements necessary to accomplish the purposes of this section.
5. With respect to the purposes of this section, the board is authorized to accept gifts, grants, or donations of real or personal property from the federal government or from any person, firm, or corporation, to be used for the purposes of the expansion or improvement of the library.

History. Acts 1965, No. 402, § 1; A.S.A. 1947, § 19-3205.1.

Publisher's Notes. Acts 1965, No. 402, § 1, is also codified as § 13-2-405.

13-2-505. Donations for library.

1. Any person desiring to make donations of money, personal property, or real estate for the benefit of a library shall have the right to vest the title to the money or real estate so donated in the board of trustees of the library created under this subchapter.
2. The money or real estate shall be held and controlled by the board, when accepted, according to the terms of the deed, gift, devise, or bequest of the property.
3. As to the property, the board shall be considered trustees.

History. Acts 1931, No. 177, § 7; Pope's Dig., § 9596; A.S.A. 1947, § 19-3207.

13-2-506. Injuries to library property — Penalty.

1. In addition to any penalties prescribed and notwithstanding any provisions to the contrary in the Arkansas Library Materials Security Law, § 13-2-801 et seq., the city council or governing body of a city shall have the power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon library grounds or property or injuring or failing to return any book, periodical, or property belonging to the library.
2. The board of trustees of the library may refuse the use of the library to such offenders.

History. Acts 1931, No. 177, § 8; Pope's Dig., § 9597; A.S.A. 1947, § 19-3208; Acts 1997, No. 402, § 9.

13-2-507. Contracts for library services outside the city — Fees for special library services.

1. The board of trustees of the library may extend the privilege and use of the library to persons residing outside the city upon such terms and conditions as the board may prescribe by its regulations or its policies.
2. The board may also contract for library service or for the privilege and use of the library with the county quorum court, the municipal authorities of a neighboring city, town, or village, or school authorities.
3. In addition, reasonable reimbursements may be collected by the city public library for providing any special library services beyond the customary library services, provided they are determined in advance and in writing by the board.

History. Acts 1931, No. 177, § 6; Pope's Dig., § 9595; A.S.A. 1947, § 19-3206; Acts 1997, No. 402, § 10.

13-2-508. Joint municipal libraries — Joint city-county libraries.

1. When any city council or governing body of a city of the first class shall have decided to establish and maintain a public library under the terms of this subchapter, the city board of trustees of the library appointed pursuant to this subchapter in fulfilling the purposes of this subchapter may contract with the municipal authorities of a neighboring city within this state or without this state if the city limits of the neighboring city so without this state extend to the state line of this state and are contiguous to the city limits of the city of the first class within this state, whereby a common library for the residents of both cities may be established and maintained by both cities.
2. The contract shall provide for the division of the total cost of establishing, maintaining, and operating the library between the cities, even though the library is located without this state.
3. However, the contract shall become effective only from and after its ratification by a majority of the elected members of the city council or the governing body of a city of the first class.
4. 1. The city board of trustees, with the consent of its governing body of the city, and the county library board, with the consent of the county quorum court, or any group of municipal public libraries, and any combination of them, may contract with each other or among themselves to create, maintain, and support a joint city-county public library system or regional public library system or may enter into an interlocal cooperation agreement among themselves to coordinate public library services among the different jurisdictions.
   2. Such a contract or interlocal agreement shall contain terms, agreements, and conditions as may be agreed upon by the city board of trustees, the county library board of trustees, the county quorum court, and the board of trustees of the several municipalities.
5. Any library or joint city-county library or other library system created under this section for coordination of library services when so established and operated shall be a public city library for all the intents and purposes of this subchapter and of Arkansas Constitution, Amendment 30.
6. This section does not repeal any existing law and shall be cumulative to the provisions of §§ 13-2-501 — 13-2-503, 13-2-505 — 13-2-507, and 13-2-509.

History. Acts 1951, No. 36, §§ 1-3; A.S.A. 1947, §§ 19-3210, 19-3211, 19-3211n; Acts 1997, No. 402, § 11.

13-2-509. Trustees' report.

1. At the end of each fiscal year, the board of trustees of the library shall present a report of the condition of the trust to the city council. This report shall be verified under oath by the secretary or some responsible person.
2. It shall contain:
   1. An itemized statement of the various sums of money received from the library fund and other sources;
   2. A statement of the number of books and periodicals available for use and the number and character thereof circulated;
   3. A statement of the real and personal property received by devise, bequest, purchase, gift, or otherwise;
   4. A statement of the character of any extension of library service which may have been undertaken;
   5. A statement of the financial requirements of the library for the ensuing year; and
   6. Any other statistics, information, or suggestions that might be of interest.
3. A copy of this report shall be filed with the State Library Board.

History. Acts 1931, No. 177, § 9; Pope's Dig., § 9598; Acts 1951, No. 299, § 1; A.S.A. 1947, § 19-3209.

13-2-510. City and town library services.

1. 1. Any city of the first class, city of the second class, or incorporated town in Arkansas may provide for library services for its citizens or may enter into agreements or contracts for library services with other political subdivisions or join with other political subdivisions to form regional library systems to provide library services for its citizens.
   2. The governing body of the city of the first class, city of the second class, or incorporated town may expend available municipal funds for the support, operation, and maintenance of any service, contract, agreement, or library system in which the municipality participates for library services for its citizens.
2. The provisions of this subchapter shall not be construed to restrict or prohibit any cities of the first class, cities of the second class, or incorporated towns from entering into interlocal cooperation agreements with other cities, counties, or regional library systems to better coordinate the provision of services to their inhabitants.

History. Acts 1997, No. 402, § 12.

Subchapter 6 — Interstate Library Compact

Effective Dates. Acts 1967, No. 419, § 7: July 1, 1967.

13-2-601. Definition.

As used in this compact, “state library agency”, with reference to this state, means the State Library Board.

History. Acts 1967, No. 419, § 3; A.S.A. 1947, § 6-312.

Publisher's Notes. Acts 1979, No. 489, § 9, provided in part, that all powers, functions, and duties of the Arkansas Library Commission with respect to the Interstate Library Compact should be performed by the State Library and the State Library Board.

13-2-602. Compact enacted.

The Interstate Library Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows:

INTERSTATE LIBRARY COMPACT

13-2-603. Compact administrators.

The Governor shall appoint an officer of this state who shall be the compact administrator pursuant to Article X of the compact. The Governor shall also appoint one (1) or more deputy compact administrators pursuant to that article.

History. Acts 1967, No. 419, § 5; A.S.A. 1947, § 6-314.

13-2-604. Notice of withdrawal.

In the event of withdrawal from the compact, the Governor shall send and receive any notices required by Article XI(b) of the compact.

History. Acts 1967, No. 419, § 6; A.S.A. 1947, § 6-315.

13-2-605. Prerequisites for construction or maintenance of libraries.

No county, city, town, or combination thereof acting as a regional library district of this state shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c)7 of the compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except:

1. After compliance with the Arkansas Constitution and any laws applicable to the county, city, town, or combination thereof relating to or governing capital outlays and the pledging of credit; and
2. After submitting the plan to the State Library Board for approval.

History. Acts 1967, No. 419, § 2; A.S.A. 1947, § 6-311.

13-2-606. Interstate library districts included.

1. An interstate library district lying partly within this state may claim to be entitled to receive state aid in support of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this state.
2. For the purposes of computing and apportioning state aid to an interstate library district, this state will consider that portion of the area which lies within this state as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly.
3. Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible.

History. Acts 1967, No. 419, § 4; A.S.A. 1947, § 6-313.

Subchapter 7 — Confidentiality of Patrons' Records

13-2-701. Definitions.

As used in this subchapter:

1. “Confidential library records” means documents or information in any format retained in a library that identifies a patron as having requested, used, or obtained specific materials, including, but not limited to, circulation of library books, materials, computer database searches, interlibrary loan transactions, reference queries, patent searches, requests for photocopies of library materials, title reserve requests, or the use of audiovisual materials, films, or records; and
2. “Patron” means any individual who requests, uses, or receives services, books, or other materials from a library.

History. Acts 1989, No. 903, § 1.

13-2-702. Penalty.

1. Any person who knowingly violates any of the provisions of this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200) or thirty (30) days in jail, or both, or a sentence of appropriate public service or education, or both.
2. No liability shall result from any lawful disclosure permitted by this subchapter.
3. No action may be brought under this subchapter unless the action is begun within two (2) years from the date of the act complained of or the date of discovery.

History. Acts 1989, No. 903, § 2.

13-2-703. Disclosure prohibited.

1. Library records which contain names or other personally identifying details regarding the patrons of public, school, academic, and special libraries and library systems supported in whole or in part by public funds shall be confidential and shall not be disclosed except as permitted by this subchapter.
2. Public libraries shall use an automated or Gaylord-type circulation system that does not identify a patron with circulated materials after materials are returned.

History. Acts 1989, No. 903, § 2.

13-2-704. Disclosure permitted.

A library may disclose personally identifiable information concerning any patron to:

1. The patron;
2. Any person with the informed, written consent of the patron;
3. A law enforcement agency or civil court, under a search warrant; or
4. Any person, including without limitation the patron, who has received an automated telephone notification or other electronic communication for overdue materials or reserve materials if the person making the request can verify the telephone number or email address to which the notice was sent.

History. Acts 1989, No. 903, § 2; 2003, No. 677, § 1; 2009, No. 757, § 1.

Amendments. The 2003 amendment added (4) and made related changes.

The 2009 amendment deleted “given at the time the disclosure is sought” at the end of (2); and made minor stylistic changes in (3) and (4).

13-2-705. Construction — Statistics.

1. No provision of this subchapter shall be construed to prohibit any library or any business operating jointly with a library from disclosing information for the purpose of:
   1. Collecting overdue books, documents, films, or other items or materials owned or otherwise belonging to the library;
   2. Collecting fines on overdue books, documents, films, or other items or materials; and
   3. Contacting its patrons by telephone, mail service, or other medium for the purpose of notifying, informing, and educating patrons or otherwise promoting the legitimate programs, policies, and other interests of the library.
2. Aggregate statistics shown from registration and circulation records with all personal identification removed may be released or used by a library or library system for research or planning purposes.

History. Acts 1989, No. 903, § 2; 1995, No. 612, § 1.

13-2-706. Use of information in evidence.

Personally identifiable information obtained in any manner other than as provided in this subchapter shall not be received in evidence in any trial, hearing, arbitration, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or political subdivision of the state.

History. Acts 1989, No. 903, § 2.

Subchapter 8 — Arkansas Library Materials Security Law

13-2-801. Short title.

This subchapter shall be known and may be cited as the “Arkansas Library Materials Security Law”.

History. Acts 1995, No. 906, § 1.

13-2-802. Definitions.

For the purposes of this subchapter:

1. “Library materials” means books, manuscripts, letters, newspapers, court records, films, microfilms, tape recordings, phonograph records, lithographs, prints, photographs, or any other written or printed documents, graphic material of any nature, and other personal property which is the property or in the custody of or entrusted to a public or private library, museum, archive, or other depository;
2. “Mutilate” means, in addition to its commonly accepted definition, the willful removal or separation of constituent parts of an item of library materials, causing library materials to be exposed to damage; and
3. “Without authorization” means contrary to rules which set forth policies governing access to library materials and include eligibility for library patronage and lending procedures.

History. Acts 1995, No. 906, § 2.

13-2-803. Unauthorized removal or willful mutilation of library materials.

1. 1. It shall be unlawful for any person to remove library materials without authorization from the premises wherein such materials are maintained or to retain possession of library materials without authorization.
   2. It shall be unlawful for any person to willfully mutilate library materials.
2. 1. A violation of this section is a Class B felony if the value of the property is two thousand five hundred dollars ($2,500) or more.
   2. A violation of this section is a Class C felony if the value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500).
   3. A violation of this section is a Class A misdemeanor if the value of the property is five hundred dollars ($500) or less.
3. However, before a charge of retaining possession of library materials without authorization shall be filed against any person, the library shall send written notice by ordinary mail addressed to the last known address of the person who checked out or otherwise removed the books or materials from the library, notifying the person that:
   1. If the books or materials are not returned to the library within thirty (30) days from the date of the notice, charges will be filed against the person under the provisions of this section; and
   2. Upon conviction, the person may be fined in an amount as provided in this section.

History. Acts 1995, No. 906, § 3.

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

13-2-804. Applicability.

This subchapter shall apply to all libraries, museums, archives, and other depositories operated by an agency, board, commission, department, or officer of the State of Arkansas, by private persons, societies, or organizations, or by agencies or officers of municipalities, counties, schools, and institutions of higher learning, or of any other political subdivisions of the State of Arkansas.

History. Acts 1995, No. 906, § 4.

13-2-805. Reasonable detention and questioning to determine whether offense was committed.

1. If a person employed by a library or a person charged with the supervision thereof has reason to believe that a person has committed or has attempted to commit any offense under this subchapter or that the person has concealed any library material upon his or her person or within his or her belongings, then the person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not an offense has been committed.
2. The detention and questioning shall not render the employee civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention, or otherwise, if the library employee or person charged with the supervision of the library acts in good faith and in a reasonable manner.
3. For the purpose of ascertaining whether or not an offense has been committed, libraries, museums, archives, and other depositories may establish policies that require persons entering and exiting the premises wherein library materials are maintained to open and disclose the contents of any bags, purses, briefcases, and other containers which are being carried by or are in the possession of the persons.

History. Acts 1995, No. 906, § 6; 1997, No. 358, § 1.

13-2-806. Relation with other criminal or civil proceedings.

1. The provisions of this subchapter are supplemental to other criminal statutes.
2. An acquittal or conviction obtained under this subchapter shall not be a bar to civil proceedings or actions arising from the same incident.

History. Acts 1995, No. 906, § 5.

Subchapter 9 — Regional Library System Law

13-2-901. Title.

This subchapter may be referred to and cited as the “Regional Library System Law”.

History. Acts 1997, No. 402, § 13.

13-2-902. Purpose.

1. In order to better coordinate the services of libraries and library systems in different counties, as is permitted under both Arkansas Constitution, Amendment 30, and Arkansas Constitution, Amendment 38, when city and county public libraries are formed in the various counties of the State of Arkansas and taxes are levied in those cities and counties for the purpose of maintaining and operating a public library or library system or when counties, cities, or towns form public libraries or provide library services for their citizens without levying specific taxes, the city and county public libraries may organize themselves into regional library systems in accordance with this subchapter.
2. 1. The provisions of this subchapter for creating a regional library system in Arkansas shall be supplemental to and in addition to the present laws relating to the powers of counties and municipalities to contract for services and to enter into interlocal cooperation agreements under the Interlocal Cooperation Act, § 25-20-101 et seq.
   2. This subchapter shall not be construed to prohibit a county or municipality from joining with other counties or cities to create other regional or multijurisdictional arrangements to provide library services for their citizens.

History. Acts 1997, No. 402, § 13.

13-2-903. Creation of a regional library system.

1. Any two (2) or more municipalities, any two (2) or more counties, or any one (1) or more municipalities together with any one (1) or more counties are authorized to create and become members of a regional library system as prescribed in this subchapter.
2. Upon the recommendation by the city library board of trustees or the county library board, the governing body of each municipality and county desiring to create and become a member of a system may by ordinance determine that it is in the best interest of the municipality or county in accomplishing the purposes of this subchapter to create and become a member of a system to better coordinate the services of libraries of different cities and counties as is permitted under Arkansas Constitution, Amendment 30, § 4, and Arkansas Constitution, Amendment 38, § 4, or as is otherwise permitted under interlocal cooperation agreements.
3. The ordinance shall:
   1. Specify the desire that a system be created as a public body and a body corporate and politic under this subchapter;
   2. Set forth the names of the municipalities or counties, or both, which are proposed to be initial members of the system;
   3. Set forth the name which is proposed for the system;
   4. Specify the powers to be granted to the system and its board of trustees and any limitations on the excercise of the powers granted, including limitations on the system's area of operations and the use of system funds and facilities;
   5. Specify the number of trustees on the board, the length of terms, and the voting rights of each trustee;
   6. Establish the proportion of financial assistance and support to be apportioned among the participating jurisdictions in the system; and
   7. Set forth the terms and conditions for the withdrawal from the system and the division of any system funds or property.
4. 1. The ordinance shall be signed by the mayor of each municipality and the county judge of each county, attested by the respective clerks, and sent to the Secretary of State and to the Arkansas State Library. The Secretary of State shall receive and file it and shall record it in an appropriate book of record in his or her office.
   2. When the ordinance has been made, filed, and recorded as provided in this subchapter, the system shall constitute a public body and a body corporate and politic under the name proposed in the ordinance.
5. 1. Any ordinance filed with the Secretary of State pursuant to the provisions of this section may be amended from time to time, and any other municipality or county may become a new member in the system with the consent of the members of the system evidenced by ordinances of their governing bodies.
   2. The amendment shall be signed and filed with the Secretary of State and the Arkansas State Library in the manner provided in this section.

History. Acts 1997, No. 402, § 13.

13-2-904. Board of trustees.

1. 1. 1. The management and control of a regional library system shall be vested in a board of trustees, who shall be appointed by the county or municipal library boards from among the membership of the county or municipal library boards.
      2. In the absence of the county or municipal library board, the governing body of the county or municipality shall appoint the trustees to the regional library board.
   2. The number of trustees shall be agreed upon by the governing bodies of the municipality or municipalities and with the county quorum courts which have agreed with each other or among themselves to create, maintain, and support the system.
2. Each trustee shall be a resident and qualified elector of the municipality or county represented on the regional library board.
3. 1. Vacancies on the regional library board shall be filled in the same manner in which members of the regional library board were first appointed.
   2. Any trustee who shall not attend three (3) consecutive meetings of the regional library board without reasonable explanation shall be subject to removal by the municipal or county body which is the appointing authority.
4. 1. A trustee shall not receive salary or other compensation for his or her service.
   2. However, a trustee may be reimbursed for necessary travel and mileage expenses if reimbursements are adopted as a policy by the regional library board.

History. Acts 1997, No. 402, § 13.

13-2-905. Powers and duties.

1. 1. Immediately after their initial appointment, the board of trustees of the regional library system shall meet and elect the officers as they deem necessary.
   2. A quorum of this board shall be a majority of the total number of members.
   3. The board shall:
      1. Adopt such bylaws, rules and regulations, and policies for their own guidance, including personnel policies, and for the governing of the system as they deem reasonable and necessary;
      2. Meet at least one (1) time in each calendar quarter;
      3. Have the custody and supervision of all property of the system, including the rooms or buildings constructed, leased, or set apart for the system;
      4. Employ a system director, who shall serve at the will of the board, which shall prescribe his or her duties and fix his or her compensation;
      5. Have exclusive control of the finances of the system;
      6. Cause an annual audit to be performed in accordance with Arkansas law for audits of local government entities;
      7. Be responsible for any fine or fee money for special library services and accept any grants, gifts of money, or property for use of the system and use it for purposes as the board deems reasonable and necessary;
      8. May purchase and dispose of equipment as provided in Arkansas law for county government purchase and disposition of county government property;
      9. Develop and enforce policies and penalties for persons injuring library property and materials or failing to return any book, periodical, or property belonging to the system. The board may refuse the use of the library to those offenders; and
      10. Do all other acts necessary for the orderly and efficient management and control of the system.
2. No expenditure made or contracted by the board shall be binding on any participating municipalities or counties so as to require any payment in excess of funds made available for library purposes under this subchapter.
3. 1. There shall be one (1) regional library director for each system.
   2. The director shall have a master's degree from an accredited American Library Association program.
   3. The director shall administer and establish procedures in accordance with policies established by the board.
   4. The director's duties shall include:
      1. Employment and supervision of system staff;
      2. Financial and statistical management of the system, including initial preparation of the annual budget;
      3. Reporting to the board on system operations and services; and
      4. Other acts necessary for the orderly and efficient administration of the system.
4. 1. If not provided for by the system or by one (1) of the participating jurisdictions of the system, all eligible employees of a system shall be entitled to comparable fringe benefit and retirement benefit coverage as are other county employees in the headquarters county.
   2. Costs for these benefits shall be apportioned among the participating municipalities and counties of the system.
5. 1. On a monthly basis each county and municipality supporting a system shall transmit appropriated amounts of tax revenues and other appropriated funds to the system pursuant to the interlocal agreement, the regional library ordinance, or the contract.
   2. All regional funds shall be deposited in one (1) or more public depositories previously selected by the board.
   3. 1. All funds shall be placed in the depository or depositories selected by the board in the same manner as provided by law for the selection of county depositories.
      2. The depository shall place on deposit with the director the same securities as are required by law for county deposits.
   4. The board shall, by appropriate order recorded in its minutes, authorize the director to expend system funds for lawful purposes only and in accordance with its budget.
6. 1. The board shall have the power to purchase or lease grounds or to purchase, lease, erect, and occupy appropriate buildings for the use of all public libraries in the system. When a building erected or purchased by the board is not adapted to its purpose or needs, the board may remodel or reconstruct the building.
   2. The board may also sell or otherwise dispose of any real or personal property that it deems no longer necessary or useful for library purposes.

History. Acts 1997, No. 402, § 13.

13-2-906. Annual reports.

At the end of each calendar year, the board of trustees of every regional library system shall make a report to the governing body in the county or counties or municipality or municipalities wherein the board serves, showing the condition of the system during the year and other statistics and information as the board deems of public interest.

History. Acts 1997, No. 402, § 13.

13-2-907. Contracts for library services and with other libraries.

1. Regional library systems are authorized to contract with other regional libraries, municipal libraries, or county public libraries or with library authorities of any college or university or any privately organized or endowed library, whereby common library branches or buildings or joint library services for the residents or patrons of the participating jurisdictions may be established and maintained in joint effort.
2. The contract shall provide for the division of any cost of establishing, maintaining, and operating the library and library services between the system and the other entity, even though the entity may be located without this state.
3. The contract shall become effective only from and after its ratification by a majority of the members of the board of trustees of the regional library system.

History. Acts 1997, No. 402, § 13.

Subchapter 10 — Arkansas Digital Library 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”.

13-2-1001. Title.

This subchapter may be referred to as the “Arkansas Digital Library Act”.

History. Acts 2003, No. 1810, § 1.

13-2-1002. Creation.

1. 1. The Division of Higher Education and the Arkansas State Library shall develop a digitized collection of information that includes information that is in the public domain, cleared for public distribution over the internet, and to which students of public postsecondary schools in Arkansas have access.
   2. The digitized information under this subchapter shall be available for public access in at least one (1) location in each Arkansas county.
2. 1. The division and the library shall develop criteria regarding the:
      1. Selection of materials to be digitized;
      2. Need for public access; and
      3. Means of cataloging or indexing the materials and digitizing them.
   2. Materials to be digitized may include:
      1. Print documents;
      2. Texts;
      3. Manuscripts;
      4. Photographs;
      5. Art reproductions;
      6. Postcards;
      7. Illustrations;
      8. Sound;
      9. Film; and
      10. Video.
3. The division shall make grants under this subchapter to assist public postsecondary institutions and other public or private entities in:
   1. Selecting and digitizing information; and
   2. Developing and providing access to the digital collection in at least one (1) location in each Arkansas county.
4. 1. Each postsecondary public institution in Arkansas shall cooperate with the division in developing the digitized collection under this subchapter.
   2. Each postsecondary public institution and any entity receiving a grant under this subchapter shall develop a plan to inform the public regarding the use of the resources made available under this subchapter.
   3. Funds made available under this subchapter may be used by the receiving entities to obtain matching funds from federal programs.

History. Acts 2003, No. 1810, § 2; 2019, No. 910, § 2235.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1); and substituted “division” for “department” throughout the section.

Subchapter 1 — Arkansas State Archives

A.C.R.C. Notes. Due to the addition of Subchapter 2 of this chapter by Acts 1991, No. 1233, the preexisting provisions of this chapter have been designated as Subchapter 1.

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, § 93, provided: “Transfer of the Arkansas History Commission to the Department of Arkansas Heritage.

“(a)(1) The Arkansas History Commission within the Department of Parks and Tourism is transferred to the Department of Arkansas Heritage by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Arkansas Heritage shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Arkansas Heritage except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Arkansas Heritage.

“(d) After the transfer under subsections (a)-(c) of this section, the Arkansas History Commission formerly within the Department of Parks and Tourism shall be renamed the Arkansas State Archives.

“(e) The members of the Arkansas History Commission appointed under § 13-3-102 and their successors shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the Arkansas History Commission except as specified in this act.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, § 99 substituted “State Archives” for “History Commission” in the subchapter heading.

Preambles. Acts 2005, No. 673 contained a preamble which read:

“WHEREAS, B.B. King and ‘Lucille’, his guitar and constant companion since 1949, have become legends in the world of blues; and

“WHEREAS, the story of B.B. King naming his guitar ‘Lucille’ is legendary in its own right and inextricably linked to the history of a small town in Arkansas; and

“WHEREAS, in 1949 when B.B. King's career was in its infancy, one of his stops on the road was at a dance hall in Twist, Arkansas, on a cold winter night. In order to keep the dance hall warm, a large barrel of kerosene was placed in the center of the room and was filled about half-way with fuel. The kerosene was then lighted to heat the room, a practice which was not uncommon in those days; and

“WHEREAS, as B.B. King entertained the crowd, two (2) men started a brawl over a woman named ‘Lucille’ and knocked over the barrel of burning kerosene. Like a river of fire, the burning fuel spilled over the floor. Everyone, including B.B. King, ran for the front door. Once outside, B.B. King realized that he had left his guitar, a Gibson acoustic, at the mercy of the inferno. Back inside the collapsing building he went to rescue his guitar, almost losing his life in the process. The blaze that night claimed two (2) lives; and

“WHEREAS, B.B. King named his guitar ‘Lucille’, and also every guitar he has owned since that night, to remind him never again to risk his life for a material possession; and

“WHEREAS, upon speaking about ‘Lucille’, B.B. King says, ‘I'm very crazy about Lucille. I've had many guitars … and I always call them Lucille. She's taken me a long way, even brought me some fame … most of all, she's kept me alive, being able to eat … Lucille practically saved my life two or three times …’,

“NOW THEREFORE,”

Effective Dates. 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 2015 (1st Ex. Sess.), Nos. 7 and 8, § 6: 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.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-3-101. Creation — Purpose.

1. The Arkansas State Archives is created and established at the seat of government of this state for the purposes of:
   1. Keeping and caring for the official archives of this state;
   2. Collecting materials bearing on the history of Arkansas from the earliest times;
   3. Copying and editing official records and other historical materials;
   4. Encouraging historical work and research; and
   5. Performing work in relation to the foregoing.
2. The Department of Parks, Heritage, and Tourism and the Building Authority Division shall determine the facility needs of the Arkansas State Archives.
3. The Building Authority Division may locate and negotiate an appropriate facility for the Arkansas State Archives, but the Department of Parks, Heritage, and Tourism shall have final approval of the facility's location.

History. Acts 1911, No. 355, §§ 1, 2; C. & M. Dig., §§ 5514, 5515; Pope's Dig., §§ 12236, 12237; Acts 1963, No. 207, §§ 1, 2; 1985, No. 933, § 1; A.S.A. 1947, §§ 6-201, 6-202; Acts 2003, No. 611, § 1; 2015 (1st Ex. Sess.), No. 7, § 6; 2015 (1st Ex. Sess.), No. 8, § 6; 2016 (3rd Ex. Sess.), No. 2, § 100; 2016 (3rd Ex. Sess.), No. 3, § 100; 2019, No. 910, § 5551.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. The Arkansas History Commission and its functions, powers, and duties were transferred to the Department of Parks and Tourism by a type 1 transfer pursuant to Acts 1971, No. 38, § 7.

Acts 1947, No. 170, § 5, provided that § 25-18-301, designating the Mullins Library of the University of Arkansas at Fayetteville as an official state depository for public documents, was cumulative to and did not repeal this subchapter.

Section 13-2-202 provides that nothing in § 13-2-201 et seq. affects the powers and duties of the Arkansas History Commission.

Amendments. The 2003 amendment added the subdivision designations and made stylistic changes in (a); rewrote (b); and added (c).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (b).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in the introductory language of (a); in (b), substituted “Department of Arkansas Heritage” for the first occurrence of “commission” and “Arkansas State Archives” for the last occurrence of “commission”; and rewrote (c).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Arkansas Heritage” in (b) and (c); substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (b); and deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c).

13-3-102. Members.

1. The Arkansas History Commission shall consist of seven (7) members, residents and electors of this state, to be appointed by the Governor by and with the advice and consent of the Senate. Each congressional district shall be represented by membership on the commission.
2. The term of office of each member of the commission shall commence on January 15 following the expiration date of his or her predecessor's term and shall end on January 14 of the seventh year following the year in which the term commenced.
3. Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, and to be thereafter effective until the expiration of the regular terms, subject, however, to the confirmation of the Senate when it is next in session.
4. Before entering upon his or her duties, each member of the commission shall take and subscribe, and file in the office of the Secretary of State, an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.
5. From time to time, the commission shall select from its membership a chair and a vice chair.
6. Members of the commission shall receive no pay for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
7. The commission shall advise and assist the Secretary of the Department of Parks, Heritage, and Tourism in the performance of his or her duties under this subchapter.

History. Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; 1985, No. 933, § 1; 1985, No. 934, § 1; A.S.A. 1947, § 6-202; Acts 1997, No. 250, § 74; 2016 (3rd Ex. Sess.), No. 2, § 101; 2016 (3rd Ex. Sess.), No. 3, § 101; 2019, No. 910, § 5552.

Publisher's Notes. The terms of the members of the Arkansas History Commission are arranged so that one term expires on January 14 of every year.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 added (g).

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (g).

13-3-103. Meetings — Records.

1. 1. The Arkansas History Commission shall meet:
      1. Upon the request of the Secretary of the Department of Parks, Heritage, and Tourism; and
      2. At a time and place that is convenient to the commission.
   2. Meetings of the commission shall be open to the public.
2. The commission shall adopt and may modify rules for the conduct of its business. The commission shall keep a record of its transactions, findings, and determinations, which record shall be public.
3. The State Historian provided for in this chapter shall be ex officio secretary of the commission but shall have no vote on matters coming before it.
4. A quorum shall consist of not less than four (4) members present at any regular or special meeting. The affirmative vote of that number shall be necessary for the disposition of any business.

History. Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202; Acts 2016 (3rd Ex. Sess.), No. 2, § 102; 2016 (3rd Ex. Sess.), No. 3, § 102; 2019, No. 910, § 5553.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 rewrote (a); deleted former (c) and redesignated former (d) and (e) as present (c) and (d).

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (a)(1)(A).

13-3-104. Powers and duties.

1. All records, papers, archives, and historical material at any time in the possession of the Arkansas State Archives, excepting such as it may have on loan, shall be and remain the property of the State of Arkansas. It shall also be the function, power, and duty of the Arkansas State Archives to:
   1. Receive, classify, and preserve, through the making of photographic copies or by other means, all official archives of Arkansas, its counties, its municipalities, and its other subdivisions, which may come either permanently or temporarily into the Arkansas State Archives's custody;
   2. Collect, classify, and preserve, through the making of photographic copies or by other means, all records, manuscripts, maps, diaries, letters, war service records, journals, and papers of historical value, pertaining to Arkansas and Arkansans;
   3. Collect and preserve, through the making of photographic copies or by other means, all files of such Arkansas newspapers as it may acquire either permanently or temporarily;
   4. Collect and preserve portraits, photographs, sketches, drawings, and other likenesses of eminent Arkansans, historic places, houses, buildings, and scenes in Arkansas;
   5. Select and publish any state papers and other source material of Arkansas history it shall deem appropriate and its funds will permit;
   6. Build up and maintain at its headquarters a reference library of the source material of Arkansas history;
   7. Establish and maintain at its headquarters any permanent or temporary displays of historic relics and other articles and objects of historic interest, which it shall determine to be desirable or feasible; and
   8. Ascertain the location of battlefields within the state on which battles were fought in the War Between the States, prepare data as to the troops employed in such engagements, ascertain which battlefields should be marked by suitable markers, accept designs for the markers, and, within the limit of funds available for the purpose, acquire and place markers in suitable positions on those battlefields, subject, in each instance, to the approval of the owners of the land.
2. The Arkansas State Archives may:
   1. Adopt and use a seal;
   2. Destroy, exchange, or otherwise dispose of any materials in its possession, except borrowed materials, that it may find to be surplus to its needs;
   3. 1. Establish and make reasonable charges for furnishing research services, archival services, or copies of materials in its possession.
      2. The funds collected shall be deposited to the credit of the Arkansas State Archive's account in a bank and from time to time withdrawn for the maintenance and operation of the Arkansas State Archives;
   4. 1. Receive and expend any moneys arising from grants, contributions, or gratuities, receive bequests or donations of real or personal property, convert into money any property that cannot be used in the form received, and expend the money for any of the functions performable by it.
      2. The Chief Fiscal Officer of the State shall prescribe rules for the handling of these moneys;
   5. Cooperate with, and receive the cooperation of, historical associations and other nonprofit organizations devoted to the history of this state;
   6. Contract and be contracted with; and
   7. Take other action not inconsistent with law that it considers necessary in the performance of any of its functions.

History. Acts 1911, No. 355, §§ 3, 4; 1963, No. 207, §§ 3, 4; A.S.A. 1947, §§ 6-203, 6-204; Acts 2015, No. 25, § 1; 2016 (3rd Ex. Sess.), No. 2, § 103; 2016 (3rd Ex. Sess.), No. 3, § 103.

Amendments. The 2015 amendment rewrote the introductory language in (b); deleted “worthless or” preceding “surplus” in (b)(2); substituted “research services, archival services, or copies” for “photographic and certified copies” in (b)(3)(A); substituted “for the maintenance and operation of the commission” for “therefrom for the purchase of photographic equipment and supplies, to pay for processing films, and for related purposes” in (b)(3)(B); added the (A) and (B) designations in (b)(4); and rewrote (b)(7).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Arkansas State Archives” for “commission” and variations throughout the section; and substituted “State Archives” for “History Commission” in the introductory language of (a).

13-3-105. Delegation to State Historian.

The Director of the Division of Arkansas Heritage may delegate his or her powers and duties concerning the Arkansas State Archives to the State Historian.

History. Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202; Acts 2016 (3rd Ex. Sess.), No. 2, § 104; 2016 (3rd Ex. Sess.), No. 3, § 104; 2019, No. 910, § 5554.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 rewrote the section.

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage”.

13-3-106. State Historian — Powers and duties.

1. The State Historian shall:
   1. Serve at the pleasure of the Secretary of the Department of Parks, Heritage, and Tourism; and
   2. Devote his or her entire time of employment to the duties of his or her employment.
2. The State Historian shall have:
   1. A doctoral degree in the field of history from an accredited institution of higher education; or
   2. Been determined by the Director of the Division of Arkansas Heritage to be qualified to perform the duties of State Historian after considering:
      1. The person's academic background;
      2. The person's editorial ability;
      3. The person's knowledge of and interest in history;
      4. The person's experience in the field of history; and
      5. Any other factor the director determines to be relevant to performing the functions of the position.
3. 1. 1. The State Historian shall furnish bond to the state, with a corporate surety thereon, in the penal sum of five thousand dollars ($5,000).
      2. This bond shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her.
   2. The State Historian shall not be required to furnish additional bond as disbursing agent, nor shall he or she be required to furnish additional bond as disbursing agent of other appropriations for which he or she may be designated disbursing agent under or pursuant to any law of this state unless so directed by the General Assembly.
   3. The bond so furnished shall be filed with the Secretary of State.
   4. An executed counterpart of the bond shall be filed with the Auditor of State.
4. The State Historian shall administer the provisions of this chapter and the rules and orders established under this chapter as instructed by the secretary.
5. [Repealed.]

History. Acts 1911, No. 355, § 2; C. & M. Dig., § 5515; Pope's Dig., § 12237; Acts 1963, No. 207, § 2; 1981, No. 639, § 1; A.S.A. 1947, § 6-202; Acts 2016 (3rd Ex. Sess.), No. 2, § 105; 2016 (3rd Ex. Sess.), No. 3, § 105; 2019, No. 315, § 979; 2019, No. 910, §§ 5555-5557.

A.C.R.C. Notes. The operation of subsection (e) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 rewrote (a) and (b); deleted former (c) and (d); redesignated former (e)-(g) as (c)-(e); added “as instructed by the director” in present (d); substituted “director” for “commission” in present (e); and made a stylistic change.

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (a)(1); substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in the introductory language of (b)(2); and repealed (e).

13-3-107. Preservation of public officials' records.

1. 1. At his or her discretion, any state, county, or other official is authorized and empowered to turn over to the Arkansas State Archives, for permanent preservation, any official books, records, documents, original papers, and newspaper files not in current use in his or her office.
   2. When so surrendered, copies from the state, county, or other official's office shall be made and certified by the Director of the Division of Arkansas Heritage upon the application of any person interested, which certification shall have the force and effect as if made by the officer originally in the custody of them, and for which the same fee shall be charged to be collected in advance.
2. 1. All officers of this state and of its political subdivisions, as requested by the Arkansas State Archives, shall make available for copying or photographing such of their records and other materials as the Arkansas State Archives deems advisable for historical purposes.
   2. Before destroying or discarding outdated records, other than ephemeral materials, each officer shall advise the Arkansas State Archives in writing of his or her intentions, and records that have a historical value, as determined by the director, shall be given to the Arkansas State Archives.

History. Acts 1911, No. 355, § 5; C. & M. Dig., § 5519; Pope's Dig., § 12241; Acts 1963, No. 207, § 5; A.S.A. 1947, § 6-207; Acts 2016 (3rd Ex. Sess.), No. 2, § 106; 2016 (3rd Ex. Sess.), No. 3, § 106; 2019, No. 910, § 5558.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a)(1); substituted “Director of the Department of Arkansas Heritage” for “secretary of the commission” in (a)(2); substituted “Arkansas State Archives” for “commission” in (b)(1) twice and in (b)(2) twice; substituted “director” for “commission” in (b)(2); and made a stylistic change.

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a)(2).

13-3-108. Preservation of state publications.

Two (2) copies of every publication of the State of Arkansas shall be placed at the disposal of the Arkansas State Archives, and shall be preserved, by photographic or other means, in the archives of the Arkansas State Archives.

History. Acts 1911, No. 355, § 6; C. & M. Dig., § 5520; Pope's Dig., § 12242; Acts 1963, No. 207, § 6; A.S.A. 1947, § 6-208; Acts 2016 (3rd Ex. Sess.), No. 2, § 107; 2016 (3rd Ex. Sess.), No. 3, § 107.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” and “Arkansas State Archives” for “commission”.

13-3-109. Permanent marker to commemorate B.B. King.

The Arkansas State Archives shall erect a permanent marker in the town of Twist, Arkansas, to commemorate the legendary B.B. King and the event that led to his naming his famous guitar “Lucille” while he was performing there.

History. Acts 2005, No. 673, § 1; 2016 (3rd Ex. Sess.), No. 2, § 108; 2016 (3rd Ex. Sess.), No. 3, § 108.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission”.

Subchapter 2 — Black History Commission of Arkansas

A.C.R.C. Notes. References to “this chapter” in subchapter 1 may not apply to this subchapter which was enacted subsequently.

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.”

Effective Dates. 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.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-3-201. Purpose.

The Black History Commission of Arkansas is created and established at the seat of government of this state for the purpose of:

1. Advising the Secretary of the Department of Parks, Heritage, and Tourism with respect to gathering, developing, and keeping the history of a segment of Arkansas society whose history has been overlooked and forgotten and has been simply neglected because of a lack of concern;
2. Collecting materials bearing on the history of black Arkansans from the earliest times;
3. Encouraging historical work and research in the background of black Arkansans to help the young citizens of the state appreciate their heritage; and
4. Performing work in relation to the history of black Arkansans.

History. Acts 1991, No. 1233, § 1; 2001, No. 1553, § 22; 2007, No. 1601, § 1; 2016 (3rd Ex. Sess.), No. 2, § 109; 2016 (3rd Ex. Sess.), No. 3, § 109; 2019, No. 910, § 5559.

Amendments. The 2001 amendment rewrote the section.

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Director of the Department of Arkansas Heritage” for “Arkansas History Commission” in (1).

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (1).

13-3-202. Members.

1. The Black History Commission of Arkansas shall consist of seven (7) members who shall be residents and electors of this state. The members shall be appointed by the Governor, by and with the advice and consent of the Senate.
2. The term of office of each member of the commission shall commence on January 15 following the expiration date of his or her predecessor's term and shall end on January 14 of the seventh year following the year in which the term commenced.
3. The membership of the commission shall be made up of persons who are citizens of the state at large and who have demonstrated an interest in the collection, recordation, preservation, and development of the history of black Arkansans.
4. Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, and to be thereafter effective until the expiration of the regular terms, subject, however, to the confirmation of the Senate when it is next in session.
5. The commission shall select from its membership a chair and a vice chair.
6. Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1991, No. 1233, § 2; 1995, No. 980, § 1; 1995, No. 1296, § 43; 1997, No. 250, § 75; 2007, No. 1601, § 2.

Publisher's Notes. Acts 1991, No. 1233, § 2, provided, in part, that except for the initial members of the committee, each member shall serve a seven (7) year term. Of the initial members, their terms will be staggered between one (1) year and seven (7) years, determined by lot at the committee’s first meeting.

13-3-203. Meetings — Rules and bylaws — Secretary.

1. The Black History Commission of Arkansas shall meet at such times and places as in each instance may suit the commission's convenience and its purposes, and all meetings shall be open to the public.
2. 1. The commission shall adopt and may modify rules and bylaws for the conduct of its business, subject to the approval of the Secretary of the Department of Parks, Heritage, and Tourism.
   2. The commission shall keep a record of its transactions, findings, and determinations, which record shall be public.
3. The rules shall provide for regular meetings and for special meetings at the call of the Chair of the Black History Commission of Arkansas or in his or her absence or incapacity, the vice chair, or upon written request of at least four (4) members.
4. The State Historian shall be ex officio secretary of the commission but shall have no vote on matters coming before it.
5. A quorum of the commission shall consist of not less than four (4) members present at any regular or special meeting. The affirmative vote of that number shall be necessary for the disposition of any business.

History. Acts 1991, No. 1233, § 3; 2007, No. 1601, § 3; 2016 (3rd Ex. Sess.), No. 2, § 110; 2016 (3rd Ex. Sess.), No. 3, § 110; 2019, No. 910, § 5560.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Director of the Department of Arkansas Heritage” for “Arkansas History Commission” in (b)(1).

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (b)(1).

13-3-204. Duties — Records, papers, archives, and historical materials property of state.

1. It shall be the function, power, and duty of the Black History Commission of Arkansas to assist the Arkansas History Commission and the Arkansas State Archives to:
   1. Collect, classify, and preserve, through the making of photographic copies or by other means, records, manuscripts, maps, diaries, letters, war service records, journals, and papers of historical value, pertaining to the black race in Arkansas and black Arkansans;
   2. Collect and preserve portraits, photographs, sketches, drawings, and other likenesses of eminent black Arkansans and historic places, houses, buildings, and scenes involving the black race in Arkansas;
   3. Select and publish any papers, research, and other source material on the contribution of the black race in Arkansas history which it shall deem appropriate and funds will permit;
   4. Build up and maintain a reference library of the source material on the black race in Arkansas history; and
   5. Cooperate with, and receive the cooperation of, any historical associations or any black historical associations and other nonprofit organizations devoted to the history or the black history of this state.
2. All records, papers, archives, and historical material at any time in the possession of the Black History Commission of Arkansas, excepting such as it may have on loan, shall be and remain the property of the State of Arkansas.

History. Acts 1991, No. 1233, § 4; 2007, No. 1601, § 4; 2016 (3rd Ex. Sess.), No. 2, § 111; 2016 (3rd Ex. Sess.), No. 3, § 111.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 inserted “and the Arkansas State Archives” in the introductory language of (a).

13-3-205. State Historian's duties — Location of Black History Commission of Arkansas.

1. 1. The State Historian shall assist the Black History Commission of Arkansas in the performance of its duties and shall be the custodian of all property and reference and source materials of the commission.
   2. The State Historian shall be charged with the duty of administering this subchapter.
2. The offices of the commission and the archives of its records shall be located with the records of the Arkansas State Archives.

History. Acts 1991, No. 1233, §§ 1, 6; 2003, No. 611, § 2; 2007, No. 1601, § 5; 2016 (3rd Ex. Sess.), No. 2, § 112; 2016 (3rd Ex. Sess.), No. 3, § 112.

Amendments. The 2003 amendment deleted “in the One Capitol Mall Building, State Capitol, Little Rock” at the end of (b).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (b), substituted “the records” for “those” and “State Archives” for “History Commission”.

13-3-206. Historical contributions by the black race — Arkansas history courses.

1. The Black History Commission of Arkansas and the Commissioner of Education or his or her designee shall cooperate with each other to develop the materials for a program of historical contributions by the black race in Arkansas for inclusion in the curriculum segment of the Arkansas history required to be instructed in § 6-16-124.
2. The Commissioner of Education shall ensure that these materials are reproduced and sent to all school districts in the state as a resource for inclusion in the Arkansas history courses.

History. Acts 1991, No. 1233, § 5; 2007, No. 1601, § 6.

13-3-207. Curtis H. Sykes Memorial Grant Program.

1. There is created the “Curtis H. Sykes Memorial Grant Program”, to be administered by the Black History Commission of Arkansas.
2. The program may provide grants to individuals to assist with:
   1. Collecting materials bearing on the history of black Arkansans from the earliest times;
   2. Encouraging historical work and research in the background of black Arkansans to help the young citizens of the state appreciate their heritage; and
   3. Performing work in relation to the history of black Arkansans.
3. 1. The commission shall promulgate rules necessary for the implementation of the program.
   2. The rules shall include:
      1. The procedure for making an application for a grant;
      2. The selection criteria for a grant;
      3. The limitations on use of grant money; and
      4. A procedure to provide for accountability of grant recipients and the monitoring of expenditures by grant recipients.
4. This section is contingent on the appropriation and availability of funding for the program.

History. Acts 2009, No. 660, § 1.

Subchapter 1 — General Provisions

13-4-101 — 13-4-112. [Repealed.]

Publisher's Notes. This subchapter, regarding public records management and archives, was repealed by Acts 2001, No. 1252, § 1. The subchapter was derived from the following sources:

13-4-101. Acts 1995, No. 905, § 1.

13-4-102. Acts 1995, No. 905, § 2.

13-4-103. Acts 1995, No. 905, § 3.

13-4-104. Acts 1995, No. 905, § 4.

13-4-105. Acts 1995, No. 905, § 5; 1997, No. 250, § 76.

13-4-106. Acts 1995, No. 905, § 6.

13-4-107. Acts 1995, No. 905, § 6.

13-4-108. Acts 1995, No. 905, § 6.

13-4-109. Acts 1995, No. 905, § 7.

13-4-110. Acts 1995, No. 905, § 7.

13-4-111. Acts 1995, No. 905, § 8.

13-4-112. Acts 1995, No. 905, § 9.

Subchapter 2 — Electronic Court Records

Effective Dates. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-4-201. Electronic reproduction of court records.

Court clerks and any other public officers whose duty it is to make and maintain court records are authorized to use and employ an approved system of photographic recording, photostatic recording, microfilm, microcard, miniature photographic recording, digital compact disc, optical disc, and any other process that accurately reproduces or forms a durable medium for reproducing the original.

History. Acts 1995, No. 1061, § 1; 1997, No. 882, § 1; 2003, No. 1185, § 20.

Amendments. The 2003 amendment substituted “Court clerks” for “The circuit clerks, county clerks, municipal clerks and recorders.”

13-4-202. Requirements for format and storage of records.

When equipment necessary for such methods of recording is used to record court records, it shall meet all of the following requirements:

1. The information retained shall be in a usable and accessible format capable of accurately reproducing the original over the time periods specified in § 13-4-301 et seq.;
2. Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information;
3. Procedures shall be available for the backup, recovery, and storage of records to protect those records against media destruction or deterioration and information loss; and
4. A retention conversion-review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion or recertification at least one (1) time every five (5) years or more frequently when necessary to prevent the physical loss of data or technological obsolescence of the medium.

History. Acts 1995, No. 1061, § 1.

13-4-203. Records Retention Committee.

1. A Records Retention Committee shall be created, whose responsibility shall be to study, develop, and issue standards consistent with the guidelines enumerated in § 13-4-202 which pertain to existing and future recording systems.
2. The committee shall include one (1) representative from each of the following:
   1. The Arkansas Association of County Clerks;
   2. The Arkansas Circuit Clerks Association;
   3. The Association of Arkansas Counties;
   4. The Arkansas State Archives;
   5. The Division of Information Systems;
   6. ARMA International; and
   7. The Arkansas City Clerks, Recorders, and Treasurers Association.
3. The committee shall be chaired by a representative from the Administrative Office of the Courts.

History. Acts 1995, No. 1061, § 2; 1997, No. 544, § 1; 2016 (3rd Ex. Sess.), No. 2, § 113; 2016 (3rd Ex. Sess.), No. 3, § 113; 2019, No. 910, § 6066.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (b)(4).

The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in (b)(5).

13-4-204. Destruction of original.

1. When any document is recorded by the means prescribed by § 13-4-201, the paper original may be destroyed unless the document is over fifty (50) years old and handwritten or has been determined to be of historical value by the Arkansas State Archives.
2. If the paper original does not meet these criteria, the electronically stored document shall be considered the “original” document and shall be treated as such when proffered with the recorder's certification.

History. Acts 1995, No. 1061, § 2; 1997, No. 882, § 2; 2001, No. 311, § 1; 2016 (3rd Ex. Sess.), No. 2, § 114; 2016 (3rd Ex. Sess.), No. 3, § 114.

Amendments. The 2001 amendment substituted “paper original may be” for “original may be,” and substituted “has been determined … recorder's certification” for “its preservation is otherwise required by law.”

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a).

Subchapter 3 — County Records Retention

Publisher's Notes. This subchapter was formerly codified as § 13-10-101 et seq.

Effective Dates. Identical Acts 1995, Nos. 925 and 939, § 3: January 1, 1996.

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

13-4-301. Retention required — Destruction — Electronic reproduction.

1. 1. A county shall maintain the records named in this subchapter for the period of time provided for in this subchapter, after which time the records may be destroyed.
   2. 1. The records named in this subchapter shall not be destroyed until at least one (1) year after an audit by Arkansas Legislative Audit or a private audit is completed and approved.
      2. A record named in this subchapter that is over fifty (50) years old shall not be destroyed before written notice by the custodian of the records and describing the scope and nature of the records in question has been furnished to the Arkansas State Archives, at least sixty (60) days before the destruction of the records.
2. 1. If a record is photographically or electronically transferred to other media of a permanent nature, the original documents may be destroyed, except that no handwritten records over fifty (50) years old shall be destroyed.
   2. A county record that is photographically or electronically transferred to other media of a permanent nature shall be transferred by a process that accurately reproduces or forms a durable medium for reproducing the original.
3. When county records are transferred to other media of a permanent nature, the resulting transfer shall meet the following requirements:
   1. The information in the county record retained shall be transferred into a usable and accessible format capable of accurately reproducing the original over the time periods specified in this section and §§ 13-4-302 — 13-4-308;
   2. Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information in the county record;
   3. Procedures shall be available for the backup, recovery, and storage of records to protect the records against media destruction or deterioration and information loss; and
   4. A retention conversion-and-review schedule shall be established by each county official to ensure that electronically or optically stored information, for records required to be kept permanently, is reviewed for data conversion at least one (1) time every four (4) years or more frequently when necessary to prevent the physical loss of data or loss due to technological obsolescence of the medium.
4. Before a record is destroyed, the custodian of the record shall document the date and type of document.
5. Records not addressed explicitly under this subchapter may be destroyed no sooner than three (3) years after an audit by Arkansas Legislative Audit or any private auditor is completed and approved.

History. Acts 1991, No. 800, § 8; 1997, No. 882, § 3; 2016 (3rd Ex. Sess.), No. 2, § 115; 2016 (3rd Ex. Sess.), No. 3, § 115; 2017, No. 560, § 1.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a)(2)(B).

The 2017 amendment added “Electronic reproduction” to the section heading; substituted “A county” for “All counties of the State of Arkansas” in (a)(1); in (a)(2)(A), substituted “The records named in this subchapter shall not” for “But in no case shall the records”, and substituted “a private audit” for “any private auditor”; rewrote (a)(2)(B); redesignated former (b) as (b)(1); inserted “or electronically” in (b)(1); added (b)(2) and (c); redesignated former (c) as (d); substituted “a record is” for “any record shall be” in (d); and added (e).

13-4-302. Court records.

If a county of the State of Arkansas maintains records for the county courts, the county shall maintain these records as follows:

1. 1. For circuit court, civil and criminal, domestic relations, and probate records:
      1. The county shall permanently maintain:
         1. Complete case files and written exhibits for all courts;
         2. Case indices for all courts;
         3. Case dockets for all courts;
         4. Grand jury reports;
         5. Grand juror lists;
         6. Petit jury lists in criminal cases;
         7. Original records, documents, and transcripts relating to the summoning of jurors and jury selection for a petit jury in a criminal case; and
         8. All probate records required to be maintained under § 28-1-108;
      2. The county shall maintain for ten (10) years, after audit by Arkansas Legislative Audit:
         1. Records and reports of costs; and
         2. Fees assessed and collected; and
      3. The county shall maintain for three (3) years, after audit by Arkansas Legislative Audit:
         1. Canceled checks;
         2. Bank statements;
         3. Petit jury lists in civil cases and original records, documents, and transcripts relating to the summoning of jurors and jury selection for a petit jury in a civil case; and
         4. Served and quashed warrants.
   2. The county shall maintain records of the juvenile division of circuit court, in accordance with § 9-27-309 and other provisions of Title 9 and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;
2. For county court records:
   1. The county shall permanently maintain:
      1. County court records;
      2. Cemetery permits;
      3. Statements of receipt and expenditures; and
      4. County improvement district reports; and
   2. The county shall maintain for ten (10) years, after audit by Arkansas Legislative Audit:
      1. County court files;
      2. County general claims dockets;
      3. County road claims dockets;
      4. Contracts for lease-purchase on rental payments;
      5. County school board financial reports;
      6. Solid waste disposal revenue bonds; and
      7. Allocations of state funds for solid waste disposal; and
3. For quorum court records:
   1. The county shall permanently maintain:
      1. Ordinance, appropriation ordinance, and resolution registers;
      2. Records of proceedings;
      3. Codification of ordinances;
      4. Registers of county advisory and administrative boards;
      5. Appointments to subordinate service districts; and
      6. Quorum court minutes; and
   2. The county shall maintain for one (1) year the county treasurer's monthly financial report.

History. Acts 1991, No. 800, § 1; 2007, No. 226, § 1; 2015, No. 83, § 1; 2017, No. 560, § 2.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

Amendments. The 2015 amendment added (1)(C)(iv).

The 2017 amendment rewrote the section.

13-4-303. Tax and assessment records.

All counties of the State of Arkansas shall maintain county tax and assessment records as follows, if they are currently being maintained:

1. For tax and assessment records:
   1. Permanently maintain:
      1. Real estate, personal, and mineral tax book;
      2. Delinquent real estate;
      3. Personal property list;
      4. Lands forfeited to the state, and minerals;
      5. Land book of state and federally owned lands;
      6. Clerk's deed of land sold for taxes;
      7. Journal of proceedings of the county equalization board;
      8. Final settlement of tax books; and
      9. Original charge for all taxing units and certification;
   2. Maintain for seven (7) years:
      1. Real estate and personal assessment record;
      2. Real estate and personal tax receipts recorded in tax books; and
      3. Redemption certificate;
   3. Maintain for five (5) years, after rollback is complete, certification of tax adjustment for public utilities and regulated carriers (computation of utility tax);
   4. Maintain for three (3) years:
      1. Delinquent personal tax settlement;
      2. Land redemption report;
      3. State lands distribution; and
      4. Monthly tax distribution;
   5. Maintain for one (1) year, after audit by Arkansas Legislative Audit:
      1. Valuation of real and personal property of utilities; and
      2. Real and personal property tax correction forms;
2. 1. For county assessor's records, maintain for five (5) years:
      1. Real estate appraisal card after reappraisal;
      2. Lists of names of taxpayers furnished to assessor by school boards;
      3. The personal, commercial, and industrial assessment forms; and
      4. Inactive homestead credit documents.
   2. Prior to destruction of these forms, the documents shall be made available to the county collector;
3. For county collector's records:
   1. Maintain permanently:
      1. Certified delinquent real estate list with publication certificate;
      2. Certified delinquent list for real estate forfeited to the Commissioner of State Lands with publication certification;
      3. Personal property tax book;
      4. Certified delinquent personal property list; and
      5. Delinquent ad valorem tax lists for oil and gas interests;
   2. Maintain for ten (10) years, tax settlements;
   3. Maintain for seven (7) years:
      1. Real estate redemption certificates;
      2. Cash receipts and disbursement journal; and
      3. Collector's copy of tax receipts; and
   4. Maintain for three (3) years:
      1. Daily collection reports; and
      2. Distraint of goods and garnishment to pay delinquent personal taxes.

History. Acts 1991, No. 800, § 2; 2015, No. 71, § 1.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

Amendments. The 2015 amendment added (2)(A)(iv); and substituted “the documents shall” for “they will” in (2)(B).

13-4-304. Financial records.

All counties of the State of Arkansas shall maintain financial records for the county as follows, if they are currently being maintained:

1. Social Security and federal income tax records maintained per federal regulations;
2. State income tax records maintained per state law and rules;
3. Wage garnishments maintained until after a lien is satisfied;
4. 1. Maintain for seventy-five (75) years:
      1. Payroll records and ledger; and
      2. Retirement records;
   2. Maintain for ten (10) years:
      1. Appropriation journal (record of disbursements); and
      2. Warrant register or check disbursement record;
   3. Maintain for seven (7) years:
      1. County general claims certificate or invoice;
      2. County road claims certificate or invoice; and
      3. County school claims certificate or invoice;
   4. Maintain for five (5) years:
      1. Unemployment insurance state contribution; and
      2. Workers' compensation insurance payment; and
   5. Maintain for three (3) years:
      1. Warrants or checks, or both, with documentation;
      2. Bank records for trust, agency, fee, and court accounts (bank statements and canceled checks); and
      3. Receipt books and disbursement journal;
5. For county treasurer's records:
   1. Maintain permanently:
      1. Treasurer's operating and clearing account ledgers;
      2. Treasurer's trust and agency account ledgers;
      3. Treasurer's city account ledgers;
      4. Treasurer's improvement district account ledgers; and
      5. Treasurer's school district account ledgers;
   2. Maintain for seven (7) years:
      1. Land redemption receipts;
      2. Annual settlement with county court; and
      3. Record of school bond indebtedness and matured school district bonds; and
   3. Maintain for three (3) years:
      1. Receipt books;
      2. Bank statements and canceled checks;
      3. Canceled warrants;
      4. Treasurer's monthly reconciliation;
      5. Treasurer's monthly report to quorum court;
      6. Delinquent land redemption distribution reports;
      7. Delinquent personal distribution reports;
      8. County officials' monthly reports;
      9. Municipal court monthly reports;
      10. Treasurer's monthly report to prosecuting attorney;
      11. School district bank statements;
      12. Annual report to county school supervisor;
      13. Register of school warrants;
      14. Teachers and school employee contracts; and
      15. Surety bond of school district treasurer and superintendent.

History. Acts 1991, No. 800, § 3; 2019, No. 315, § 980.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

Amendments. The 2019 amendment substituted “rules” for “regulations” in (2).

13-4-305. Recorder's records.

All counties of the State of Arkansas shall maintain county recorder's records for the county as follows, if they are currently being maintained:

1. Maintain permanently:
   1. Deeds, mortgages, assignments, and all other conveyance records;
   2. Forfeited land records;
   3. Timber, mineral, oil and gas deeds and leases;
   4. Surveys;
   5. Subdivision plats;
   6. Lien records;
   7. Military discharge records; and
   8. Indices to all records; and
2. Maintain for ten (10) years, notary public bonds and official appointment bonds.

History. Acts 1991, No. 800, § 4.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

13-4-306. Voter registration and election records.

All counties shall maintain county voter registration and election records for the county as follows, if the records are currently being:

1. Maintained permanently:
   1. Voter registration record files;
   2. Maps of election precincts from the county board of election commissioners;
   3. Certificates of election; and
   4. Ordinance election results; and
2. 1. Maintained for ten (10) years, after canceled, a person's voter registration record and reason for cancellation of a person's voter registration.
   2. Maintained for ten (10) years:
      1. Minutes of the board of election commissioners; and
      2. Election files.
   3. Maintained for five (5) years:
      1. Petition, certificate, and notices for ordinance;
      2. Political practice pledges;
      3. Campaign contribution and expenditure sheets;
      4. Code of ethics statements; and
      5. Financial disclosures.
   4. Maintained for two (2) years:
      1. Acknowledgement notices giving the disposition of a person's voter registration application;
      2. Precinct voter registration lists prepared for each election;
      3. Confirmation notices mailed by a county clerk to confirm a voter's change of residence or name;
      4. Confirmation return cards received in response to a confirmation notice;
      5. Absentee ballot applications and lists, except where litigation follows or federal law governs; and
      6. Voter registration cards; and
   5. Until an election is certified to the Secretary of State under § 7-5-701, all unused ballots.

History. Acts 1991, No. 800, § 5; 1995, No. 925, § 2; 1995, No. 939, § 2; 2017, No. 560, § 3.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

Amendments. The 2017 amendment, in the introductory language, deleted “of the State of Arkansas” following “counties”, substituted “the records” for “they”, and deleted “maintained” from the end; added (2)(D)(vi) and (2)(E); and made stylistic changes.

13-4-307. Marriage records — License and bond records.

All counties of the State of Arkansas shall maintain county marriage records, licenses, and bonds records for the county as follows, if they are currently being maintained:

1. Maintain permanently:
   1. Marriage record and index;
   2. Clerical licenses and credentials;
   3. Medical license for physicians, physical therapists, podiatrists, osteopaths, and chiropractors; and
   4. Record of marks and brands;
2. Maintain for seven (7) years:
   1. Surety bonds for county and township officials (until 1986);
   2. County employees blanket bonds; and
   3. Oaths and bonds of county officials, deputies, school supervisors, etc.; and
3. Maintain for one (1) year:
   1. Notice of intention to wed;
   2. Going-out-of-business sale license;
   3. Bond for going-out-of-business sale license;
   4. Transient merchant license;
   5. Transient merchant license bond;
   6. Garnishment bonds; and
   7. Mercury refiners license.

History. Acts 1991, No. 800, § 6.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

13-4-308. Corporation records.

All counties of the State of Arkansas shall maintain corporation records for the county, if they are currently being maintained, permanently as follows:

1. Articles of incorporation;
2. Certificate of business under assumed name;
3. Articles of amendment;
4. Registration of fictitious names of corporation;
5. Articles of merger or consolidation;
6. Change of registered office or agent;
7. Authorized share of stock;
8. Cancellation of shares; and
9. Certificate of dissolution of corporation.

History. Acts 1991, No. 800, § 7.

A.C.R.C. Notes. As enacted, this section began “On and after July 15, 1991.”

Subchapter 4 — Sheriff's Office Record Retention Schedule

Effective Dates. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

13-4-401. Retention required — Destruction — Electronic reproduction.

1. 1. A county sheriff's office shall maintain the records named in this subchapter for the period of time provided in this subchapter, after which time the records may be destroyed.
   2. 1. Administrative records shall not be destroyed until at least one (1) year after an audit by Arkansas Legislative Audit or a private auditor is completed and approved.
      2. A record over fifty (50) years old shall not be destroyed before written notice by the custodian of the records in question has been furnished to the Arkansas State Archives, describing the scope and nature of the records, at least sixty (60) days before the destruction of the records.
2. 1. If a record is photographically or electronically transferred to other media of a permanent nature, the original document may be destroyed, except that a handwritten record over fifty (50) years old shall not be destroyed.
   2. A county record that is photographically transferred to other media of a permanent nature shall be transferred by a process that accurately reproduces or forms a durable medium for reproducing the original.
3. When county records are transferred to other media of a permanent nature, the resulting transfer shall meet the following requirements:
   1. The information in the county record retained shall be transferred into a usable and accessible format capable of accurately reproducing the original over the time periods specified in § 13-4-301 et seq.;
   2. Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information in the county record;
   3. Procedures shall be available for the backup, recovery, and storage of records to protect the records against media destruction or deterioration and information loss; and
   4. A retention conversion-and-review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion at least one (1) time every four (4) years or more frequently when necessary to prevent the physical loss of data or loss due to technological obsolescence of the medium.
4. Before any record is destroyed, the custodian of the record shall document the date and type of document.
5. Records explicitly not addressed in this subchapter may be destroyed no sooner than three (3) years after an audit by Arkansas Legislative Audit or a private auditor is completed and approved.

History. Acts 2011, No. 43, § 1; 2016 (3rd Ex. Sess.), No. 2, § 116; 2016 (3rd Ex. Sess.), No. 3, § 116; 2017, No. 560, § 4.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a)(2)(B).

The 2017 amendment added “Electronic reproduction” to the section heading; substituted “Administrative records shall not” for “In no case shall administrative records” in (a)(2)(A); in (a)(2)(B), substituted “A” for “Any” and “shall not” for “will not”; redesignated former (b) as (b)(1); inserted “electronically” in (b)(1); added (b)(2) and (c); redesignated former (c) as (d); and added (e).

13-4-402. Retention of records otherwise provided.

A record retained by a county sheriff's office for which a retention period is otherwise provided in the Arkansas Code of 1987 Annotated is not subject to this subchapter, including without limitation records described in:

1. Section 12-12-104; and
2. Section 16-10-211.

History. Acts 2011, No. 43, § 1.

13-4-403. Criminal investigation documentation — Definition.

1. As used in this section, “criminal investigation documentation” includes without limitation:
   1. Incident or offense reports;
   2. Arrest warrant records;
   3. Search warrant records; and
   4. Investigative case files, including:
      1. Photographs;
      2. Lab reports; and
      3. Audiovisual media.
2. Criminal investigation documentation shall be retained for the following periods of time:
   1. If the documentation is associated with a Class Y or Class A felony, it shall be retained for at least thirty (30) years;
   2. If the documentation is associated with a non-Class Y felony, it shall be retained for at least ten (10) years;
   3. If the documentation is associated with a misdemeanor or violation, it shall be retained for at least five (5) years; and
   4. If the documentation relates to a civil matter or other noncriminal matter, it shall be retained for at least three (3) years.
3. Criminal investigation documentation may be disposed of by the order of the county judge upon recommendation of the county sheriff after the period of time dictated by subsection (b) of this section.

History. Acts 2011, No. 43, § 1; 2017, No. 560, § 5.

Amendments. The 2017 amendment added “As used” at the beginning of (a); substituted “for at least thirty (30) years” for “indefinitely” in (b)(1); substituted “a non-Class Y” for “any other” in (b)(2); inserted “at least” in (b)(2) through (b)(4); and made a stylistic change.

13-4-404. Jail booking records — Definition.

1. As used in this section, “jail booking records” means records generated and kept during jail booking procedures and while a person is in custody and includes without limitation:
   1. Fingerprint cards;
   2. Booking photographs; and
   3. Jail detention logs.
2. Jail booking records shall be kept for at least five (5) years, after which time they may be disposed of by order of the county judge upon recommendation of the county sheriff.

History. Acts 2011, No. 43, § 1; 2017, No. 560, § 6.

Amendments. The 2017 amendment added “As used” at the beginning of (a); and substituted “at least five (5) years” for “thirty (30) years” in (b).

13-4-405. Dispatch reports — Definition.

1. As used in this section, “dispatch reports” means records generated and kept regarding:
   1. Incoming calls to the county sheriff's office involving reports or complaints from the general public;
   2. Complaint cards; and
   3. Radio traffic logs.
2. Dispatch reports shall be kept for a period of at least five (5) years, after which they may be disposed of by the order of the county judge upon recommendation of the county sheriff.

History. Acts 2011, No. 43, § 1; 2017, No. 560, § 7.

Amendments. The 2017 amendment added “As used” at the beginning of (a); and substituted “at least five (5) years” for “seven (7) years” in (b).

13-4-406. Orders of protection.

Orders of protection issued by a circuit court under § 9-15-201 et seq. shall be retained for a period of ten (10) years, after which time they may be disposed of by the order of the county judge upon recommendation of the county sheriff.

History. Acts 2011, No. 43, § 1.

13-4-407. General law enforcement documentation.

The following documents, records, and reports, computerized or on paper, shall be retained for a period of five (5) years, after which time they may be disposed of by the order of the county judge upon recommendation of the county sheriff:

1. Citations;
2. Summons;
3. Subpoenas;
4. Writs of execution;
5. Writs of garnishment;
6. Writs of possession;
7. Writs of replevin; and
8. Other writs in the possession of the county sheriff.

History. Acts 2011, No. 43, § 1.

13-4-408. Items in the possession of a county sheriff's office pursuant to a criminal investigation or court case — Misdemeanors.

1. If an item is in the possession of a county sheriff's office pursuant to a misdemeanor criminal investigation or court case, it shall be retained for a period of thirty (30) days after:
   1. The investigation for which it is being held has closed; or
   2. If the investigation results in a criminal prosecution, the date of the final judgment if there is no appeal of the conviction to circuit court.
2. A noncontraband item shall be returned to its owner.
3. The county sheriff shall petition the district court for the disposal or destruction of contraband or an item that an owner has not claimed.

History. Acts 2011, No. 43, § 1.

13-4-409. Items in the possession of a county sheriff's office pursuant to a criminal investigation or court case — Felonies.

1. If an item is in the possession of a county sheriff's office pursuant to a felony criminal investigation, it shall be retained until the applicable statute of limitation for the most serious possible crime to which it could be connected has lapsed.
2. 1. If an item is in the possession of a county sheriff's office pursuant to a felony court case, it shall be retained for a period of two (2) years after the date of the final judgment if there is no appeal of the conviction.
   2. 1. If there is an appeal of the conviction to an appellate court, the item shall be retained for three (3) years after the final judgment is entered and after the conclusion of any post-conviction litigation.
      2. Post-conviction litigation includes without limitation:
         1. Proceedings under Rule 37 of the Arkansas Rules of Criminal Procedure;
         2. State habeas corpus proceedings under § 16-112-101 et seq.; and
         3. Federal habeas corpus proceedings under 28 U.S.C. § 2254.
3. 1. An item relating to the investigation of any of the following crimes shall be retained for ninety-nine (99) years:
      1. Capital murder, § 5-10-101;
      2. Murder in the first degree, § 5-10-102;
      3. Murder in the second degree, § 5-10-103;
      4. Rape, § 5-14-103;
      5. Sexual assault in the first degree, § 5-14-124; and
      6. Arson, § 5-38-301.
   2. A deoxyribonucleic acid (DNA) sample or test result shall be retained for fifty (50) years.
4. After the time periods prescribed in this section have lapsed and an item may be disposed of or destroyed, a noncontraband item shall be returned to its owner.
5. The county sheriff shall petition the circuit court for the disposal or destruction of contraband or an item for which an owner has not asserted a claim.

History. Acts 2011, No. 43, § 1.

13-4-410. Items in the possession of a county sheriff's office not pursuant to a criminal investigation or court case.

1. Any item in the possession of a county sheriff's office that is not associated with a criminal investigation or court case, such as a misplaced or lost-and-found item, shall be retained for one (1) year or until the rightful owner reclaims the item.
2. At the end of the period of time prescribed by this section, the county sheriff may request that the county judge authorize the disposal of any such item through destruction, public sale, or transfer of ownership to the county sheriff's office if the item would serve a needed public benefit.

History. Acts 2011, No. 43, § 1.

13-4-411. Applicability — Constables.

This subchapter also applies to constables.

History. Acts 2011, No. 43, § 1.

Subchapter 1 — General Provisions

Effective Dates. Acts 1969, No. 561, § 13: Apr. 18, 1969. Emergency clause provided: “It is hereby found and determined that the Sixty-seventh General Assembly has, by a vote of two-thirds of the members elected to both Houses, voted to extend the regular session of the Sixty-seventh General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this act to take effect prior to July 1, 1969, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1969, the General Assembly hereby determines that the immediate passage of this act is necessary for the maintenance and operation of the essential governmental services. 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, provided that the appropriation authorized herein shall not be available until July 1, 1969.”

13-5-101. Loan of museum objects.

All state agencies and institutions possessing museum objects in excess of their own needs for display, education, or research are authorized and urged to make those objects available on a loan basis to state-financed museums in this state in order that the residents of this state may receive maximum enjoyment and education from the objects.

History. Acts 1969, No. 561, § 9.

Subchapter 2 — Museum Services

A.C.R.C. Notes. Acts 2011, No. 679, § 2, provided:

“GRANT ELIGIBILITY. To be eligible for a grant under this act, an entity must establish that it is a nonprofit non-governmental 501(c)(3) organization with a mission to form a national center of heritage and legacy within the State of Arkansas dedicated to United States Marshals.

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

Acts 2011, No. 679, § 3, provided:

“FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.

“(a) The General Assembly finds that:

“(1) The United States Marshals have played a significant role in the settlement of the State of Arkansas and the United States;

“(2) The United States Marshals Service, established on September 24, 1789, as part of the Judiciary Act that was the first bill passed in Congress and signed into law by George Washington, is the oldest federal law enforcement agency in the nation;

“(3) Although originally established to protect the judiciary, the United States Marshals were often called the other duties as assigned agency because of their broad powers as evidenced by their call in 1794 to protect tax collectors during the Whiskey Rebellion and responsibility for enforcing the Fugitive Slave Act in 1850;

“(4) Today, there are 94 United States Marshals, one for each federal district, who continue to be appointed by and serve at the pleasure of the President of the United States, and numerous Deputy Marshals responsible for carrying out the day-to-day duties of the United States Marshals Service as civil servants;

“(5) Because of the over two hundred (200) year honorable history of the United States Marshals Service, the cultural and economic development of this state would benefit by the construction, operation, and maintenance of a museum honoring the United States Marshals Service; and

“(6) Since there currently is not a museum in the country honoring the United States Marshals Service, having the only museum dedicated to the oldest federal law enforcement agency in the nation would bring national and regional attention to the state, increase tourism, create jobs, promote economic and cultural development, and promote the planning and development of infrastructure and resources to support the increased activity, all of which would have a substantial positive impact on the state as a whole.

“(b) The General Assembly further finds and determines that:

“(1) The construction, development, and maintenance of museums devoted to honoring the historical significance of the United States Marshals Service are noble, public purposes that will provide educational opportunities for all citizens in the State of Arkansas, promote industry and tourism, and provide economic development to cities and towns within the state;

“(2) Any funds obtained from a state or local government, a public, private, or nonprofit entity, or an individual intended to assist in the construction, development, or maintenance of a United States Marshals museum or exhibit would inure to the benefit of the people of this State by defraying development and operational costs and expenses; and

“(3) All funding provided for the construction, development, or maintenance of a United States Marshals museum or exhibit is found to be for a public purpose benefitting the public good and that any funds given, allocated, or loaned to a United States Marshals museum or exhibit by any state or local government is conclusively presumed to be for public uses and purposes.

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

Preambles. Acts 1979, No. 832 contained a preamble which read:

“Whereas, museums preserve our heritage for the benefit, enjoyment, and education of the citizens of all ages and from every community in Arkansas; and

“Whereas, museums are unique cultural resources through the preservation, exhibition, and documentation of historically, scientifically, and artistically significant facts and artifacts; and

“Whereas, museums provide a unique educational tool which can directly supplement the state's educational system through demonstrating the use and significance of said artifacts;

“Now therefore….”

Effective Dates. Acts 1979, No. 832, § 15: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to establish Arkansas Museum Services and transfer the Des Arc Archeological Center, the Museum and Cultural Commission and the Arkansas Oil Museum to the Museum Services Division of the Department of Parks and Tourism so as to ensure the preservation of, the state's heritage and to assist, promote, and advance the purposes of the museums throughout Arkansas. Therefore, 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 July 1, 1979.”

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 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”.

13-5-201. Definition.

As used in this subchapter, “museum” means an organized and permanent nonprofit institution with professional staff, essentially educational or aesthetic in purpose, which owns and utilizes tangible objects of service, history, art, or culture, cares for them, and exhibits them to the public on some regular schedule.

History. Acts 1979, No. 832, § 2; A.S.A. 1947, § 5-907.7.

13-5-202 — 13-5-205. [Repealed.]

Publisher's Notes. These sections, concerning the Museum Services Division, the Division's functions, the Division's director, and the acceptance of grants and donations, were repealed by Acts 2001, No. 802, § 1. The sections were derived from the following sources:

13-5-202. Acts 1979, No. 832, § 1; A.S.A. 1947, § 5-907.6.

13-5-203. Acts 1979, No. 832, § § 2,4; 1983, No. 758, § 1; A.S.A. 1947, § § 5-907.7, 5-907.9.

13-5-204. Acts 1979, No. 832, § 4; 1983, No. 758, § 1; A.S.A. 1947, § 5-907.9.

13-5-205. Acts 1979, No. 832, § 6; A.S.A. 1947, § 5-907.11.

13-5-206. Program of grants-in-aid and technical assistance.

1. The Department of Parks, Heritage, and Tourism shall establish and carry out a program of grants-in-aid to eligible museums or, in appropriate cases, organizations engaged in or concerned with history, science, art, or culture on the basis of fifty percent (50%) state grant funds and fifty percent (50%) of the funds to be provided by the museum, as follows:
   1. Only museums and programs concerned with historical, scientific, cultural, or artistically oriented programs offering nonprofit services to the general public may make application for and qualify for funds under this subchapter;
   2. None of the funds received by a museum or other organization which qualifies or utilizes funds under this subchapter shall be used as matching funds for other state funds; and
   3. All requests for state grant funds under this subchapter shall be prepared on forms promulgated or approved by the Department of Parks, Heritage, and Tourism and shall be in compliance with the provisions of this subchapter and with reasonable rules to be promulgated by the Department of Parks, Heritage, and Tourism for the administration of this subchapter.
2. The Department of Parks, Heritage, and Tourism shall provide technical assistance and information to all museums and museum personnel in Arkansas, within the limitations of available staff and funding.

History. Acts 1979, No. 832, § 3; A.S.A. 1947, § 5-907.8; Acts 2001, No. 802, § 2; 2019, No. 910, § 5561.

A.C.R.C. Notes. Acts 2001, No. 802, § 12, provided:

“All powers, duties, and functions of the Museum Services Division of the Department of Parks and Tourism are hereby transferred to the State Parks Division of the Department of Parks and Tourism.”

Amendments. The 2001 amendment inserted “and technical assistance” in the section heading; in (a), substituted “State Parks Division of the Department of Parks and Tourism” for “Arkansas Museum Services Division”, and deleted a comma following “culture”; and added (b).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “State Parks Division of the Department of Parks and Tourism” in the introductory language of (a); and substituted “Department of Parks, Heritage, and Tourism” for “division” twice in (a)(3) and in (b).

13-5-207. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Museum Review Panel, was repealed by Acts 2019, No. 910, § 5562, effective July 1, 2019. The section was derived from Acts 1979, No. 832, § 5; 1983, No. 758, § 2; 1985, No. 944, § 1; A.S.A. 1947, § 5-907.10; Acts 1997, No. 250, § 77; 2001, No. 802, § 3.

Subchapter 3 — Arkansas Museum and Cultural Center Act

Publisher's Notes. The Arkansas Museum and Cultural Commission created under § 13-5-303 was abolished by Acts 1991, No. 343, § 3.

Preambles. Acts 1979, No. 832 contained a preamble which read:

“Whereas, museums preserve our heritage for the benefit, enjoyment, and education of the citizens of all ages and from every community in Arkansas; and

“Whereas, museums are unique cultural resources through the preservation, exhibition, and documentation of historically, scientifically, and artistically significant facts and artifacts; and

“Whereas, museums provide a unique educational tool which can directly supplement the state's educational system through demonstrating the use and significance of said artifacts;

“Now therefore….”

Effective Dates. Acts 1975 (Extended Sess., 1976), No. 1018, § 3: Jan. 27, 1976. Emergency clause provided: “It is hereby found and determined by the General Assembly that the securing of bonds issued by the Museum and Cultural Commission by a partial pledge of interest earnings derived from investment of idle State Treasury funds is necessary to ensure continued progress in promoting cultural activities for the citizens 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 1979, No. 832, § 15: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to establish Arkansas Museum Services and transfer the Des Arc Archeological Center, the Museum and Cultural Commission and the Arkansas Oil Museum to the Museum Services Division of the Department of Parks and Tourism so as to ensure the preservation of, the state's heritage and to assist, promote, and advance the purposes of the museums throughout Arkansas. Therefore, 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 July 1, 1979.”

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”.

13-5-301. Title.

This subchapter shall be known as the “Arkansas Museum and Cultural Center Act”.

History. Acts 1971, No. 515, § 15; A.S.A. 1947, § 6-1201.

13-5-302. Construction of subchapter.

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, and things.

History. Acts 1971, No. 515, § 12; A.S.A. 1947, § 6-1212.

13-5-303 — 13-5-306. [Repealed.]

Publisher's Notes. Acts 1991, No. 343, § 3, provided, in part, that “the Arkansas Museum and Cultural Commission created under Arkansas Code § 13-5-303 is abolished.”

These sections, concerning the Arkansas Museum and Cultural Commission, were repealed by Acts 1991, No. 343, § 3. They were derived from the following sources:

13-5-303. Acts 1971, No. 515, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 6-1202, 6-1203; reen. Acts 1987, No. 862, § 1.

13-5-304. Acts 1971, No. 515, § 3; 1979, No. 832, § 8; A.S.A. 1947, § 6-1204.

13-5-305. Acts 1971, No. 515, § 4; A.S.A. 1947, § 6-1205.

13-5-306. Acts 1971, No. 515, § 4; A.S.A. 1947, § 6-1205.

13-5-307. Funds for museum and cultural center — Issuance of bonds.

1. 1. The Secretary of the Department of Parks, Heritage, and Tourism is authorized to use any available funds for the construction, equipment, and operation of a museum and cultural center.
   2. The secretary is authorized to issue revenue bonds, secured by and payable from the revenues specified in this subchapter, and to use the proceeds of the bonds for the acquisition, construction, and equipment of the center.
2. The principal amount of bonds to be issued by the secretary shall be sufficient, together with any available funds, to pay the cost of accomplishing the specified purposes, the costs of authorizing and issuing bonds, the amounts necessary for reserves if deemed desirable by the secretary, the amounts necessary for interest during and for up to one (1) year after construction, and all other costs of whatever nature incidental to the accomplishment of the center, but in no event shall the aggregate principal amount of bonds exceed twelve million dollars ($12,000,000).
3. 1. No bonds shall be issued under the provisions of this subchapter unless and until the secretary, or a department, or educational or other institution, or agency of the State of Arkansas has entered into a signed agreement with the Smithsonian Institution, an agency thereof, or organization affiliated therewith, which agreement shall provide that the Smithsonian Institution, the agency, or organization shall involve itself with the Arkansas Museum and Cultural Center and its operation.
   2. The agreement must first be approved in writing by the Governor of the State of Arkansas.

History. Acts 1971, No. 515, §§ 5, 9; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, §§ 6-1206, 6-1209; Acts 2019, No. 910, § 5563.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(1); and substituted “secretary” for “director” throughout the section.

13-5-308. Authorizing resolutions.

1. Bonds shall be authorized by resolution of the Secretary of the Department of Parks, Heritage, and Tourism.
2. The authorizing resolution may contain or may provide for the execution of a trust indenture which may contain any other terms, covenants, and conditions that are deemed desirable by the secretary, including, without limitation, those pertaining to:
   1. The maintenance of various funds and reserves;
   2. The nature and extent of revenue pledges and security;
   3. The conditions precedent to the issuance of additional bonds and the priority of lien and pledge in that event;
   4. The custody and application of the proceeds of the bonds;
   5. The collection and disposition of revenues;
   6. The investing and reinvesting in securities specified by the secretary of any moneys during periods not needed for authorized purposes; and
   7. The rights, duties, and obligations of the secretary and of the holders and registered owners of the bonds.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, §§ 5564, 5565.

Amendments. The 2019 amendment added “Secretary of the Department of Parks, Heritage, and Tourism” in (a); and inserted “or secretary” in the introductory language of (b).

13-5-309. Terms and characteristics of bonds.

1. As the Secretary of the Department of Parks, Heritage, and Tourism shall determine, bonds issued pursuant to this subchapter may:
   1. Be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination;
   2. Be in a form and denomination as the secretary determines;
   3. Have such date or dates, may be stated to mature at such times, and bear interest payable at such times and at such rate or rates, as the secretary determines, provided that no bond may bear interest at a rate exceeding eight percent (8%) per annum;
   4. Be made payable at places within or without the State of Arkansas;
   5. Be made subject to terms of redemption in advance of maturity at such prices, as determined by the secretary;
   6. Be issued in series from time to time; and
   7. Contain such terms and conditions as the secretary determines.
2. Subject to provisions as to registration as set forth in subsection (a) of this section, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, § 5566.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in the introductory language of (a); and substituted “secretary” for “director” throughout (a).

13-5-310. Contract with bond owners — Enforcement.

1. Any authorizing resolution and trust indenture shall, together with this subchapter, constitute a contract between the Secretary of the Department of Parks, Heritage, and Tourism and the holders and registered owners of the bonds.
2. This contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract.
3. The covenants, agreements, and obligations of the secretary may be enforced by mandamus or other appropriate proceedings at law or in equity.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, § 5567.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a).

13-5-311. Sale of bonds.

1. The bonds shall be sold at public sale on sealed bids after such advertisement as the Secretary of the Department of Parks, Heritage, and Tourism shall determine to be necessary for the obtaining of favorable competitive bidding.
2. In no event shall any bid be accepted which results in a net interest cost, which is determined by computing the aggregate interest cost from date to maturity at the rates bid and deducting any premium or adding the amount of any discount, in excess of the interest cost computed at par for bonds bearing interest at the rate of eight percent (8%) per annum.
3. The bonds shall not be subject to conversion.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, § 5568.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a).

13-5-312. Execution of bonds and coupons.

1. The bonds shall be executed by the manual or facsimile signature of the Secretary of the Department of Parks, Heritage, and Tourism. The coupons attached to the bonds shall be executed by the facsimile signature of the secretary.
2. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.
3. The secretary shall adopt and use a seal in the execution and issuance of the bonds. Each bond shall be sealed with the seal of the secretary.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, §§ 5569, 5570.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a); and substituted “secretary” for “director” twice in (c).

13-5-313. Statements on bonds — Liability.

1. It shall be plainly stated on the face of each bond that:
   1. The bond has been issued under the provisions of this subchapter;
   2. The bonds are obligations only of the Secretary of the Department of Parks, Heritage, and Tourism;
   3. In no event do the bonds constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged; and
   4. The bonds are not secured by a mortgage or lien on any land or buildings belonging to the State of Arkansas or the Department of Parks, Heritage, and Tourism.
2. No member of the department shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he or she shall have acted with a corrupt intent.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, §§ 5571, 5572.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(2); and substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a)(4).

13-5-314. Disposition of revenues.

1. All revenues derived from the operation of the Arkansas Museum and Cultural Center and all other funds received by the Secretary of the Department of Parks, Heritage, and Tourism from other sources for use in connection with the center and its operation are center revenues and are specifically declared to be cash funds, restricted in their use and to be used solely as provided in this subchapter.
2. These revenues shall not be deposited into the State Treasury but shall be deposited by the Department of Parks, Heritage, and Tourism as and when received into a bank or banks as the secretary may from time to time select.
3. 1. Center revenues shall be applied annually in the following order:
      1. To the extent necessary after taking into consideration any other funds which may be available for the purpose, for operation and maintenance expenses of the center; and
      2. To the payment of the principal of, interest on, and trustee's and paying agent's fees in connection with bonds issued under this subchapter, and the establishing and maintaining of any debt service reserves.
   2. Should there be any excess after subdivisions (c)(1)(A) and (B) of this section, the excess may be applied, as determined by the secretary, to the redemption of bonds prior to maturity or for the payment of any costs and expenses incurred by the secretary in the accomplishment of the powers and authorities conferred upon the secretary by § 13-5-304 [repealed].

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, § 5573.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a); and in (b), substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” and “secretary” for “director”.

13-5-315. Debt service — Pledge of revenues and earnings — Admission charges.

1. The payment of debt service, including principal, interest, and trustee's and paying agent's fees, shall be secured by a lien on and pledge of net center revenues, which are gross revenues less those revenues applied to operation and maintenance as set forth in § 13-5-314.
2. As additional security, the payment of debt service may be secured by a pledge of earnings to the extent specified in this section derived from the investment of state funds pursuant to the State Treasury Management Law, § 19-3-501 et seq., known as the “investment earnings”.
3. Any pledge of investment earnings shall be subordinate to pledges authorized by the Industrial Development Guaranty Bond Act, § 15-4-701 et seq.
4. No earnings from the investment of state funds shall be pledged to secure bonds issued by the Secretary of the Department of Parks, Heritage, and Tourism under this subchapter unless the secretary shall first enter into an agreement with the State Board of Finance to charge appropriate fees for admission to the Arkansas Museum and Cultural Center and to set aside in a special sinking fund, to be used exclusively to pay the principal of, interest on, and paying agent's fees in connection with, bonds issued by the secretary, at least seventy-five cents (75¢) of the admission fee collected for each adult and fifty cents (50¢) of the admission fee collected for each person six (6) years of age to seventeen (17) years of age, inclusive.
5. However, the secretary may waive all admission charges or establish special reduced admission charges for any school-sponsored student, students, or groups, in which cases the provisions of this section relating to the setting aside of a prescribed amount of each admission charge for payment of principal and interest on bonds shall not apply.
6. Notwithstanding the provisions of § 13-5-314, the revenues required to be set aside into the special sinking fund shall not be deposited or used for any purpose other than for payment of principal, interest, and paying agent's fees on bonds issued under this subchapter.
7. All pledges of investment earnings under this subchapter shall not exceed in the aggregate five hundred thousand dollars ($500,000) for any fiscal year.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, § 5574.

Amendments. The 2019 amendment, in (d), substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” and “secretary” for “director” twice.

Cross References. State Board of Finance, § 19-3-701 et seq.

13-5-316. Administration of debt-servicing provisions — Bond guaranty fund.

1. The Secretary of the Department of Parks, Heritage, and Tourism shall notify the State Board of Finance or the appropriate officer, board, or agency then having jurisdiction over the moneys involved when the secretary has determined to issue bonds under this subchapter and the amount of investment earnings pledged.
2. 1. Thereafter, the secretary shall constantly keep advised of revenues derived from the Arkansas Museum and Cultural Center.
   2. If it develops that all or any portion of the investment earnings pledged will actually be needed to satisfy the terms of the pledge, the secretary shall promptly notify the board of the amount that will be actually needed each month to provide for the payment of interest, principal, and paying agents' fees and for the maintenance of reserves as specified by the secretary in the resolution or trust indenture authorizing and securing the bonds, which monthly amount is designated the “debt service amount”.
3. At the receipt of the notice, the board or the appropriate officer, board, or agency then having jurisdiction over the moneys involved shall set aside the debt service amount of the investment earnings and, subject to first complying with any pledge heretofore or any time hereafter made of investment earnings authorized by the Industrial Development Guaranty Bond Act, § 15-4-701 et seq., shall pay the debt service amount directly to the secretary in a bank or banks selected by the secretary and designated the “Arkansas Museum and Cultural Center Bond Guaranty Fund”, also known as the “Center Guaranty Fund”.
4. 1. Moneys in the fund shall be used to pay the principal of, interest on, and paying agent's fees in connection with the bonds and to maintain reserves as authorized by this subchapter.
   2. 1. The payments shall continue until the secretary shall determine that center revenues in the future will be sufficient and shall notify the board to cease paying the debt service amount.
      2. The payments, within the limits of outstanding pledges made pursuant to the provisions of this subchapter, shall be resumed and discontinued as required.
5. The debt service amount and all moneys deposited or to be deposited in the fund are declared to be cash funds, restricted in their use and dedicated and to be used solely as authorized in this subchapter.
6. So long as any bonds authorized by this subchapter are outstanding, the authorization made shall not be repealed or diminished without providing an alternate source of funds sufficient to satisfy all revenue pledges made to bonds issued under this subchapter.

History. Acts 1971, No. 515, § 5; 1975 (Extended Sess., 1976), No. 1018, § 2; A.S.A. 1947, § 6-1206; Acts 2019, No. 910, §§ 5575-5577.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a); and substituted “secretary” for “director” throughout the section.

13-5-317. Refunding bonds.

1. The Director of the Department of Parks and Tourism is authorized to issue bonds to refund any bonds issued under the authority of this subchapter.
2. All refunding bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

History. Acts 1971, No. 515, § 7; A.S.A. 1947, § 6-1207.

13-5-318. Tax exemptions.

Bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes.

History. Acts 1971, No. 515, § 8; A.S.A. 1947, § 6-1208.

13-5-319. Investment by retirement systems.

The board of trustees of any retirement system now existing or created by the General Assembly may invest its funds in bonds issued under this subchapter.

History. Acts 1971, No. 515, § 9; A.S.A. 1947, § 6-1209.

13-5-320. Audit of records and accounts.

Arkansas Legislative Audit is authorized and directed to audit the records and accounts of the Secretary of the Department of Parks, Heritage, and Tourism and to furnish a copy of the report of that audit to the Department of Parks, Heritage, and Tourism.

History. Acts 1971, No. 515, § 10; A.S.A. 1947, § 6-1210; Acts 2019, No. 910, § 5578.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” and substituted “Department of Parks, Heritage, and Tourism” for “department”.

13-5-321. Employment of personnel.

1. The Secretary of the Department of Parks, Heritage, and Tourism is authorized to employ such full-time or temporary professional, technical, and other consulting services as the secretary shall determine necessary or desirable in assisting the Department of Parks, Heritage, and Tourism to carry out effectively the authority, functions, powers, and duties conferred and imposed upon it by this subchapter.
2. However, the salaries of regular employees shall be governed by the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., and by the provisions of the Regular Salary Procedures and Restrictions Act, § 21-5-101.
3. The Director of the Arkansas Museum and Cultural Center shall be employed by the secretary.

History. Acts 1971, No. 515, § 11; 1979, No. 832, § 9; A.S.A. 1947, § 6-1211; Acts 1991, No. 343, § 3(b); 2019, No. 910, § 5579.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Parks, Heritage, and Tourism” for the first occurrence of “Director of the Department of Parks and Tourism” and substituted “secretary” for the second occurrence, and substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism; and substituted “secretary” for “Director of the Department of Parks and Tourism” in (c).

Subchapter 4 — Museum of Natural Resources

Cross References. Taxes levied for benefit of Arkansas Museum of Natural Resources, § 26-58-301 et seq.

Preambles. Acts 1979, No. 832 contained a preamble which read:

“Whereas, museums preserve our heritage for the benefit, enjoyment, and education of the citizens of all ages and from every community in Arkansas; and

“Whereas, museums are unique cultural resources through the preservation, exhibition, and documentation of historically, scientifically, and artistically significant facts and artifacts; and

“Whereas, museums provide a unique educational tool which can directly supplement the state's educational system through demonstrating the use and significance of said artifacts;

“Now therefore….”

Effective Dates. Acts 1977, No. 310, § 6: Feb. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas is a major oil producing state and was in the center of the oil boom shortly after World War I; that the oil resources of the state and the country are declining and may become a thing of the past; that there is a treasure of sites and equipment of the type used for oil and gas production in the early oil boom days; that such equipment and sites should be preserved and properly displayed for future generations, as part of the developing history of Arkansas; and that this act is designed to provide for preserving such equipment and sites and should be given effect as soon as possible. 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. 832, § 15: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to establish Arkansas Museum Services and transfer the Des Arc Archeological Center, the Museum and Cultural Commission and the Arkansas Oil Museum to the Museum Services Division of the Department of Parks and Tourism so as to ensure the preservation of, the state's heritage and to assist, promote, and advance the purposes of the museums throughout Arkansas. Therefore, 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 July 1, 1979.”

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 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”.

13-5-401. Museum established.

The State Parks Division is authorized and directed to establish a state historical museum in Union County to be known and operated as the “Arkansas Museum of Natural Resources”.

History. Acts 1977, No. 310, § 1; 1979, No. 832, § 10; A.S.A. 1947, § 53-1201; Acts 1997, No. 383, § 1; 2001, No. 802, § 4; 2019, No. 910, § 5580.

A.C.R.C. Notes. Acts 2001, No. 802, § 12, provided:

“All powers, duties, and functions of the Museum Services Division of the Department of Parks and Tourism are hereby transferred to the State Parks Division of the Department of Parks and Tourism.”

Publisher's Notes. Acts 1979, No. 832, § 10, as amended, provided, in part, that all powers, functions, and duties of the Office of Arkansas Arts and Humanities regarding the Arkansas Oil and Brine Museum were transferred to the Department of Parks and Tourism, Museum Services Division, by a type 2 transfer as provided in § 25-2-105. All records, files, equipment, supplies, and funds held by the Office of Arkansas Arts and Humanities in connection with the Arkansas Oil and Brine Museum were transferred to the Department of Parks and Tourism, Museum Services Division. The same transfers of powers and property were provided for in Acts 1979, No. 207, § 4.

Amendments. The 2001 amendment substituted “State Parks” for “Arkansas Museum Services”.

The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division”.

13-5-402. Functions and duties.

1. The Arkansas Museum of Natural Resources shall be developed and operated by the State Parks Division and shall be devoted primarily to the acquisition, cataloging, and display of machinery, equipment, and materials used in the oil boom in Arkansas.
2. In addition, the museum shall solicit, purchase, or accept donations of maps, core drilling samples, and other records of geological or historical value to be made available to the public as a source of historical information concerning the geology and technology of the oil industry in this state.

History. Acts 1977, No. 310, § 2; 1979, No. 832, § 11; A.S.A. 1947, § 53-1202; Acts 1997, No. 383, § 2; 2001, No. 802, § 5; 2019, No. 910, § 5581.

Amendments. The 2001 amendment substituted “State Parks” for “Arkansas Museum Services” in (a); and, in (b), substituted “museum” for “Arkansas Museum of Natural Resources”, and deleted a comma following “value”.

The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division” in (a).

13-5-403. Museum site.

The Arkansas Museum of Natural Resources shall be established at a site to be approved by the State Parks Division, with the lands therefor, which shall consist of not fewer than five (5) acres, to be donated without cost to the State of Arkansas.

History. Acts 1977, No. 310, § 1; 1979, No. 832, § 10; 1985, No. 560, § 1; A.S.A. 1947, § 53-1201; Acts 1997, No. 383, § 3; 2001, No. 802, § 6; 2019, No. 910, § 5582.

Amendments. The 2001 amendment substituted “State Parks Division of the Department of Parks and Tourism” for “Arkansas Museum Services Division”, and substituted “fewer” for “less”.

The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division”.

13-5-404. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Museum of Natural Resources Advisory Committee, was repealed by Acts 2017, No. 540, § 13. The section was derived from Acts 1977, No. 310, § 3; 1979, No. 832, § 12; 1985, No. 802, § 1; A.S.A. 1947, § 53-1203; Acts 1997, No. 250, § 78; 1997, No. 383, § 4; 2001, No. 802, § 7.

Subchapter 5 — County Museums

Effective Dates. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-5-501. Establishment.

1. The quorum courts of the respective counties of this state are authorized, by ordinance approved by a majority of the members of the quorum court, to establish a county museum, to be under the direction of a county museum commission as provided in this subchapter.
2. 1. The provisions of this subchapter shall not affect the county museum of any county which, on July 6, 1977, had established and was operating a county museum.
   2. However, the quorum court of any such county may elect to place the operation of the museum under a county museum commission as authorized in this subchapter.

History. Acts 1977, No. 247, § 1; A.S.A. 1947, § 17-1901.

Cross References. County boards, establishment, § 14-14-701 et seq.

13-5-502. Museum commissions — Members.

1. 1. In those counties in which the quorum court shall elect to establish a county museum under the provisions of this subchapter, the museum shall be under the direct management and control of a county museum commission, which shall consist of three (3), six (6), or nine (9) members to be appointed by the county judge, subject to confirmation and approval of the quorum court.
   2. 1. The size of the commission shall be determined by the quorum court in collaboration with the museum director and the chair of the commission if they exist at the time of the determination.
      2. The determination of size shall be made considering the size of the museum and the population of the county.
2. 1. The county judge shall specify, at the time of appointment, the respective terms of the first members appointed to the commission in such a manner that the terms of one (1), two (2), or three (3) members shall expire on January 1 of the year next following the appointment of that member, and the remaining members shall be appointed in such a manner that the term of one (1) member shall expire on January 1 of each year thereafter.
   2. Successor members shall be appointed for three-year staggered terms and shall serve until their successors are appointed and qualified.
3. If any vacancy shall occur on the commission, the vacancy shall be filled by appointment for the unexpired portion of the term, in the same manner as provided for the initial appointment.
4. Members of the commission shall serve without pay.
5. The commission shall elect one of its members as chair and shall also elect such other officers as the commission may deem necessary, from time to time.

History. Acts 1977, No. 247, § 2; A.S.A. 1947, § 17-1902; Acts 1999, No. 1372, § 1.

Amendments. The 1999 amendment, in (a), substituted “consist of three (3), six (6), or nine (9) members” for “consist of seven (7) members” and added the last two sentences; and, in (b), substituted “terms of one (1), two (2), or three (3) members” for “term of one (1) member” and substituted “three-year” for “seven-year.”

13-5-503. Commissions' powers and duties.

County museum commissions established under the provisions of this subchapter shall have the following powers and duties:

1. To buy, lease, lend, acquire, and own real and personal property required in the housing and operation of the county museum;
2. To accept gifts, grants, or donations of real and personal property from the federal government, the State of Arkansas, and from other public or private groups or individuals, to be used for the purposes of this subchapter;
3. To receive and expend funds appropriated by the General Assembly for county museum purposes;
4. To acquire, preserve, and display items of historical or archeological interest;
5. To enter into agreements with other counties, municipalities, the state or federal government, or any agency or instrumentality thereof, or with any private museum or groups or persons to exchange or loan items of historical or archeological interest;
6. To enter into agreements with the Division of Arkansas Heritage and other public and private agencies or persons, for the purpose of sharing services and facilities, with the view that the historical and cultural resources of this state may be coordinated at the county and state levels for the benefit of the public of this state;
7. To enter into cooperative agreements under the Interlocal Cooperation Act, § 25-20-101 et seq., with one (1) or more adjoining counties to form a joint or regional museum, and, in those agreements, to establish the governing organization and procedures for the operation of the joint or regional museum, including costs, financial agreements, and contributions for the operation of and sharing in the cost of the operation of the joint or regional museum;
8. To promulgate reasonable rules for the operation of the museum, including the establishment, if deemed necessary, of reasonable admission charges to assist in defraying the cost of operating the museum;
9. To employ necessary personnel required in the maintenance and operation of the museum; and
10. To do all other things necessary to accomplish the purposes of this subchapter.

History. Acts 1977, No. 247, § 3; A.S.A. 1947, § 17-1903; Acts 2016 (3rd Ex. Sess.), No. 2, § 117; 2016 (3rd Ex. Sess.), No. 3, § 117; 2019, No. 910, § 5583.

A.C.R.C. Notes. 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.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “Arkansas History Commission, the” preceding “Department” in (6); and made a stylistic change.

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (6).

13-5-504. Funds for construction and maintenance.

County quorum courts are authorized to appropriate county funds to defray the costs of, in whole or in part, the construction, maintenance, and operation of the county museum.

History. Acts 1977, No. 247, § 4; A.S.A. 1947, § 17-1904.

13-5-505. Des Arc Archeological Museum — Transfer to and assumption of ownership by Prairie County.

1. In the event the Prairie County Quorum Court shall establish a county museum and shall, in the ordinance establishing the county museum, elect to take over the ownership, management, and operation of the Des Arc Archeological Museum, the Department of Parks, Heritage, and Tourism is authorized and directed to convey to the Lower White River Museum State Park all rights, title, and interest of the State of Arkansas in the Des Arc Archeological Museum, to be thereafter operated, maintained, and improved by Prairie County as a part of the Lower White River Museum State Park.
2. Any funds appropriated to the department by the General Assembly for the Des Arc Archeological Museum shall be remitted to the Prairie County Museum Commission on or before the fifteenth day after the beginning of each fiscal year for which the funds are appropriated and available.

History. Acts 1977, No. 247, § 5; A.S.A. 1947, § 17-1905; Acts 2019, No. 910, § 5584.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a).

Subchapter 6 — Arkansas Post Museum

Effective Dates. Acts 1989, No. 482, § 3: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the government of Arkansas County has offered to the state an established and operating museum that focuses on the territorial development of Arkansas; that this act provides for the establishment of a state museum on that site; and that for the effective administration of this act, the act should become effective July 1, 1989. 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, 1989.”

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 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”.

13-5-601. Authorization.

The State Parks Division is authorized and directed to develop and operate a state historical museum in Arkansas County to be known and operated as the “Arkansas Post Museum”.

History. Acts 1989, No. 482, § 1; 2001, No. 802, § 8; 2019, No. 910, § 5585.

A.C.R.C. Notes. Acts 2001, No. 802, § 12, provided:

“All powers, duties, and functions of the Museum Services Division of the Department of Parks and Tourism are hereby transferred to the State Parks Division of the Deprartment of Parks and Tourism.”

Publisher's Notes. Acts 1989, No. 482, § 1, provided, in part, that the museum shall be established at the site of the existing Arkansas Post County Museum, with the buildings, land, collections, and all operational supplies and equipment to be donated without cost to the Historical Resources and Museum Services Section of the Parks Division of the Department of Parks and Tourism.

Amendments. The 2001 amendment substituted “State Parks” for “Arkansas Museum Services”.

The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division”.

13-5-602. Functions and duties.

1. The Arkansas Post Museum shall be developed and operated by the State Parks Division and shall be devoted primarily to the acquisition, cataloging, and display of objects or materials which tell the story of the territorial settlement and development of Arkansas as a state and its relationship to the settlement of the lower Mississippi Valley.
2. With the approval of the Director of the State Parks Division, the museum shall solicit, purchase, or accept donations of objects or materials of historical value to be made available to the public as a source of historical information concerning the territorial development and settlement of Arkansas.

History. Acts 1989, No. 482, § 1; 2001, No. 802, § 9; 2019, No. 910, § 5586.

Amendments. The 2001 amendment substituted “State Parks” for “Arkansas Museum Services” in (a); and in (b), inserted “With the approval of the Director of the State Parks Division of the Department of Parks and Tourism”, substituted “museum” for “Arkansas Post Museum”, and deleted “with the approval of the Director of the State Parks Division” from the end.

The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division” in (a) and (b).

13-5-603, 13-5-604. [Repealed.]

Publisher's Notes. These sections, concerning the Arkansas Post Museum Advisory Committee members and duties, were repealed by Acts 2009, No. 1484, § 3. The sections were derived from the following sources:

13-5-603. Acts 1989, No. 482, § 1; 1997, No. 250, § 79; 2001, No. 802, § 10.

13-4-604. Acts 1989, No. 482, § 1; 2001, No. 802, § 11.

Subchapter 7 — Delta Cultural Center

Effective Dates. Acts 1989, No. 109, § 7: Feb. 20, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that Arkansas is blessed with a diverse set of cultures, and that the Mississippi Delta is one of the most depressed areas in Arkansas. In order to preserve the heritage of the Delta as well as to capitalize on an abundant opportunity for tourism development in Eastern Arkansas, Arkansas should proceed with plans to develop a multi-state historic, cultural, and performing arts center at Helena. This Act should become effective immediately to provide for the proper administration of this program. 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. 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 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”.

13-5-701. Intent.

1. 1. The development of the Arkansas Delta was marked by the diversity of ethnic groups who were interdependent within the agricultural economy. Interpretation of the development of this area is important both to understanding the past and its effects on the future and to the economic development of the area through increased tourism.
   2. No facility now exists to interpret this vital portion of southern Arkansas Delta agricultural culture. The establishment of the Delta Cultural Center will fill this void.
2. The center will establish a resource to study, preserve, perpetuate, interpret, and present the rich cultural heritage representative of a rural Arkansas Delta community whose economic dependence on agriculture fostered its development.

History. Acts 1989, No. 109, § 1.

13-5-702. Definitions.

For the purposes of this subchapter:

1. “Board” means the Delta Cultural Center Policy Advisory Board appointed by the Governor;
2. “Center” means the Delta Cultural Center;
3. “Center director” means the Director of the Delta Cultural Center; and
4. [Repealed.]
5. [Repealed.]
6. “National board” means the national advisory board appointed by the Governor to broaden the perspective of the center's activities and programming.

History. Acts 1989, No. 109, § 2; 2019, No. 910, § 5587.

Amendments. The 2019 amendment repealed (4) and (5).

13-5-703. Establishment.

1. 1. There is established the Delta Cultural Center which shall be a division of the Division of Arkansas Heritage. The center shall be located in Helena-West Helena.
   2. The Secretary of the Department of Parks, Heritage, and Tourism, with the advice and consent of the Governor, shall employ the Director of the Delta Cultural Center. All other employees of the center shall be employed by and serve at the pleasure of the secretary.
2. 1. The center shall operate a program of temporary and permanent exhibits, a library and resource center, and live performances and shall provide information on related activities in other parts of the Arkansas Delta region.
   2. The attraction of visitors to the Arkansas Delta shall be a major goal of the center.
3. 1. All budgeting, purchasing, and related management functions of the center shall be performed under the direction and supervision of the secretary.
   2. The secretary, after seeking the advice of the Delta Cultural Center Policy Advisory Board, shall promulgate any rules necessary for the implementation of this subchapter.

History. Acts 1989, No. 109, § 3; 2019, No. 910, § 5588.

Amendments. The 2019 amendment, in (a)(1), substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” and “Helena-West Helena” for “Helena”; substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” twice in (a)(2) and twice in (c); and substituted “employ” for “appoint” in (a)(2).

13-5-704. Delta Cultural Center Policy Advisory Board.

1. There is created the Delta Cultural Center Policy Advisory Board, which shall advise the Secretary of the Department of Parks, Heritage, and Tourism, the Director of the Division of Arkansas Heritage, and staff of the Delta Cultural Center on:
   1. The development of permanent and temporary exhibits;
   2. A plan for the acquisition of resource materials; and
   3. The development of educational and other programming.
2. 1. The board shall consist of eleven (11) members.
   2. 1. The members shall be appointed by the Governor. The members appointed by the Governor shall be subject to confirmation by the Senate. The Governor shall make the appointments in such a manner that each race or ethnic group having a significant presence in the Arkansas Delta region shall be adequately represented on the board.
      2. The board members to be appointed by the Governor shall be:
         1. Two (2) residents of Phillips County who have exhibited an interest in the culture and heritage of the Delta;
         2. A Delta blues musician;
         3. Two (2) members to serve as academic advisors who shall be trained in the field of Delta folklore, history, or a related field;
         4. [Repealed.]
         5. Three (3) members at large; and
         6. Two (2) members as representatives of Main Street Helena.
   3. The board shall meet at least quarterly. Special meetings may be called by the chair or a majority of the board.
3. 1. The members of the board appointed by the Governor shall serve for three-year terms.
   2. No member of the board shall be eligible for appointment to more than two (2) consecutive full terms.
4. The chair will be elected by members for a one-year term.
5. Any vacancy in the membership of the board other than by the expiration of the term of office shall be filled by the Governor for the balance of the term of the membership that became vacant.
6. The members of the board shall receive no compensation for their services, but they may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1989, No. 109, § 4; 1997, No. 250, § 80; 1999, No. 1074, § 1; 2001, No. 1260, § 1; 2015, No. 1100, § 11; 2017, No. 720, § 1; 2019, No. 910, § 5589.

Publisher's Notes. Acts 1989, No. 109, § 4, provided, in part, that, in making initial appointments to the board, the Governor shall designate three members to serve one-year terms, three members to serve two-year terms, and three members to serve three-year terms; that initial appointees who are appointed for less than a three-year term may be eligible for appointment to two full terms; and that the first chairman of the board will be appointed by the Governor for a one-year term.

Amendments. The 1999 amendment redesignated (b); substituted “nine (9) members” for “eleven (11) members” in (b)(1); substituted “The” for “Nine (9)” in (b)(2)(A); deleted former (b)(2)(B); and made stylistic changes.

The 2001 amendment redesignated former (a) as present (a)(1)-(3) and made related changes; substituted “for the acquisition” for “for aquisition” in (a)(2); substituted “eleven (11)” for “nine (9)” in (b)(1); added (b)(2)(B)(vi); and made minor stylistic changes throughout.

The 2015 amendment substituted “Arkansas Humanities Council” for “Board of the Arkansas Endowment for the Humanities” in (b)(2)(B)(iv).

The 2017 amendment repealed (b)(2)(B)(iv).

The 2019 amendment, in the introductory language of (a), inserted “Secretary of the Department of Parks, Heritage, and Tourism”, substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage”; and made stylistic changes.

13-5-705. [Repealed.]

Publisher's Notes. This section, concerning the Delta Cultural Center National Advisory Board, was repealed by Acts 2017, No. 720, § 2. The section was derived from Acts 1989, No. 109, § 4.

13-5-706. Powers.

1. The Delta Cultural Center shall have the power to:
   1. Enter into contracts for the purchase, construction, lease, or other acquisition of real property to house the center and to acquire or construct necessary support facilities, including, but not limited to, overnight accommodations for visitors;
   2. Enter into contracts to purchase or lease personal property for use as exhibits or for use as research material related to the culture of the Delta; and
   3. Enter into professional service contracts with appropriate professionals to assist in the establishment of the center and the development and operation of the center's programs and activities.
2. The center shall have the authority to accept gifts of real or personal property and money.
3. 1. The center shall have the authority to set fees related to the programs and services offered by the center, including, but not limited to, admission fees.
   2. Income generated by fees shall be cash funds of the center to be used solely for the support of the center. Fee income shall be deposited in a bank account but shall be subject to appropriation by the General Assembly.
4. 1. The center may request the assistance of the Secretary of the Department of Parks, Heritage, and Tourism and any other appropriate state agency in establishing and operating the center and its programs.
   2. The director of any state agency requested to assist in the establishment and operation of the center shall, within the limits of available personnel and resources, provide such assistance.

History. Acts 1989, No. 109, § 5; 2019, No. 910, § 5590.

Amendments. The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (d)(1).

Subchapter 8 — Arkansas Cotton Museum

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”.

13-5-801. Arkansas Cotton Museum established.

The Department of Parks, Heritage, and Tourism is authorized to coordinate the establishment of a historical museum in Lee County, to be known and operated as the “Arkansas Cotton Museum”. The museum shall be established in association with the University of Arkansas Cooperative Extension Service.

History. Acts 1999, No. 1121, § 1; 2019, No. 910, § 5591.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in the first sentence; substituted “Cooperative Extension Service” for “Agricultural Experiment Station in Lee County” in the second sentence; and made a stylistic change.

13-5-802. Functions and duties.

1. The Arkansas Cotton Museum shall be devoted primarily to the acquisition, cataloging, and display of machinery, equipment, and materials used in cotton production in Arkansas.
2. In addition, the museum may purchase or accept donations of items and records of historical value, to be made available to the public as a source of historical information concerning the cotton industry in this state.

History. Acts 1999, No. 1121, § 2.

Subchapter 9 — Mosaic Templars of America Center for African-American Culture and Business Enterprise

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”.

13-5-901. Definitions.

For the purposes of this subchapter:

1. “Board” means the Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board created by this subchapter;
2. “Center” means the Mosaic Templars of America Center for African-American Culture and Business Enterprise created by this subchapter;
3. “Center director” means the Director of the Mosaic Templars of America Center for African-American Culture and Business Enterprise;
4. [Repealed.]
5. [Repealed.]

History. Acts 2001, No. 1176, § 1; 2019, No. 910, § 5592.

Amendments. The 2019 amendment repealed (4) and (5).

13-5-902. Establishment — Administration.

1. 1. There is established the Mosaic Templars of America Center for African-American Culture and Business Enterprise which shall be a division of the Division of Arkansas Heritage.
   2. 1. The Secretary of the Department of Parks, Heritage, and Tourism, with the advice and consent of the Governor, shall appoint the Director of the Mosaic Templars of America Center for African-American Culture and Business Enterprise.
      2. All other employees of the center shall be employed by and serve at the pleasure of the secretary in compliance with state law.
2. The center shall operate a program of temporary and permanent exhibits, a library and resource center, and live performances. The attraction of visitors shall be a major goal of the center.
3. 1. All budgeting, purchasing, and related management functions of the center shall be performed under the direction and supervision of the secretary, in consultation with the director in compliance with state law.
   2. The secretary, after seeking the advice of the Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board, shall promulgate any rules necessary for the implementation of this subchapter.

History. Acts 2001, No. 1176, § 2; 2019, No. 910, § 5593.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a)(1); substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (a)(2)(A) and (a)(2)(B); inserted “Secretary of the Department of Parks, Heritage, and Tourism, in consultation with the” in (c)(1); and substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Mosaic Templars of America Center for African-American Culture and Business Enterprise” in (c)(2).

13-5-903. Advisory board.

1. There is created the Mosaic Templars of America Center for African-American Culture and Business Enterprise Advisory Board which shall advise the Director of the Arkansas Heritage Division, the Director of the Mosaic Templars of America Center for African-American Culture and Business Enterprise, and staff of the Mosaic Templars of America Center for African-American Culture and Business Enterprise on the development of permanent and temporary exhibits, a plan for acquisition of resource materials, and development of educational and other programming.
2. 1. The board shall consist of nine (9) members appointed as follows:
      1. Three (3) members shall be appointed by the Speaker of the House of Representatives;
      2. Three (3) members shall be appointed by the President Pro Tempore of the Senate; and
      3. Three (3) members shall be appointed by the Governor.
   2. 1. The terms of office of the initial members of the board shall be determined by lot so that two (2) members serve an initial one-year term, two (2) members serve an initial two-year term, two (2) members serve an initial three-year term, and two (2) members serve an initial four-year term.
      2. Successor members shall serve four-year terms.
   3. No member shall serve more than two (2) four-year terms.
3. The board shall meet at least quarterly. Special meetings may be called by the chair or a majority of the board.
4. The chair will be elected by members for a one-year term.
5. Any vacancy in the membership of the board shall be filled by the appointing authority.
6. The members of the board shall receive no compensation for their services, but they may receive expense reimbursement in accordance with § 25-16-902.

History. Acts 2001, No. 1176, § 3; 2017, No. 720, § 3; 2019, No. 910, § 5594.

Amendments. The 2017 amendment deleted “with at least one (1) from each congressional district” following “members” in the introductory language of (b)(1).

The 2019 amendment inserted “Director of the Arkansas Heritage Division” in (a).

13-5-904. Powers of center.

1. The Mosaic Templars of America Center for African-American Culture and Business Enterprise shall have the power to enter into, with the consent of the Secretary of the Department of Parks, Heritage, and Tourism:
   1. Contracts for the purchase, construction, lease, or other acquisition of real property to house the center and to acquire or construct necessary support facilities;
   2. Contracts to purchase or lease personal property for use as exhibits or for use as research material; and
   3. Professional service contracts with appropriate professionals to assist in the establishment of the center and the development and operation of the center's programs and activities.
2. The center shall have the authority to accept gifts of real or personal property and money.
3. 1. The center shall have the authority to set fees related to the programs and services offered by the center, including, but not limited to, admission fees.
   2. 1. Income generated by fees shall be cash funds of the center to be used solely for the support of the center.
      2. Fee income shall be deposited in a bank account but shall be subject to appropriation by the General Assembly.
4. The center may request the assistance of other appropriate state agencies in establishing and operating the center and its programs.

History. Acts 2001, No. 1176, § 4; 2019, No. 910, § 5595.

Amendments. The 2019 amendment added “with the consent of the Secretary of the Department of Parks, Heritage, and Tourism” in the introductory language of (a).

Subchapter 10 — Museum Property 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”.

13-5-1001. Title.

This subchapter shall be known and may be cited as the “Museum Property Act”.

History. Acts 2005, No. 2242, § 1.

13-5-1002. Purpose.

The purpose of this subchapter is to:

1. Establish procedures for vesting in a museum ownership of abandoned or undocumented property in the possession of the museum;
2. Establish procedures to terminate loans of property to a museum;
3. Allow a museum to conserve or dispose of loaned or undocumented property under certain conditions; and
4. Limit actions to recover loaned or undocumented property.

History. Acts 2005, No. 2242, § 1.

13-5-1003. Definitions.

As used in this subchapter:

1. “Address” means the most recent location of a claimant or lender as indicated by a museum's records pertaining to the property;
2. 1. “Claimant” means a person who has established or claims entitlement to or an interest in property held by a museum.
   2. “Claimant” does not mean a lender;
3. “Lender” means the person identified by the records of a museum as the owner or rightful possessor of a loan held by a museum;
4. 1. “Loan” means property that a lender has placed in the custody of a museum.
   2. “Loan” does not include a consignment of property for sale or property donated to a museum;
5. 1. “Museum” means an institution or entity located in Arkansas that:
      1. Is operated by a nonprofit corporation, trust, association, public agency, or educational institution;
      2. Is operated primarily for educational, scientific, historic preservation, cultural, or aesthetic purposes; and
      3. Owns, borrows, cares for, exhibits, studies, archives, or catalogues property.
   2. “Museum” includes historical societies, historic sites, landmarks, parks, archives, monuments, botanical gardens, arboreta, zoos, nature centers, planetaria, aquaria, libraries, technology centers, and art, history, science, and natural history museums;
6. “Permanent loan” means a loan to a museum for an indefinite term;
7. “Person” means an individual, association, partnership, corporation, trust, estate, or other entity;
8. “Property” means a document or tangible object, animate or inanimate, with intrinsic historic, scientific, artistic, or cultural value that is in the custody of a museum;
9. “Unclaimed property” means property meeting the following conditions:
   1. The property was placed with the museum for exhibition or other purposes; and
   2. The original person placing the property with the museum, or a person acting legitimately on the original person's behalf, has not contacted the museum in writing regarding the property for at least:
      1. Ten (10) years from the date of the beginning of the period for which the property was placed with the museum if the property was placed with the museum for an indefinite or undetermined period; or
      2. Five (5) years after the date upon which the definite period in which the property was placed with the museum expired; and
10. 1. “Undocumented property” means property:
       1. That is held by a museum; and
       2. The ownership of which cannot be determined from the museum's records.
    2. Undocumented property shall not be construed to include loaned property.

History. Acts 2005, No. 2242, § 1.

13-5-1004. Procedure for obtaining ownership of an abandoned loan.

1. By complying with subsection (b) or subsection (c) of this section, a museum may obtain ownership of a loan if:
   1. The loan agreement has expired; or
   2. Both:
      1. The loan has been in the museum's custody for more than ten (10) years; and
      2. The loan agreement does not provide for a longer term for the loan or another disposition.
2. 1. If the address of the lender is known, the museum shall send the notice required in subsection (d) of this section to the lender by certified or registered mail, return receipt requested.
   2. 1. If the return receipt showing receipt of the notice is returned and the lender fails to object within ninety (90) days of the date of the return receipt, the loan shall be considered abandoned and its ownership shall vest in the museum.
      2. If the museum did not receive a return receipt showing receipt of the notice, the museum may proceed in accordance with the provisions of subsection (c) of this section.
3. 1. If the museum is unable to determine the identity of the lender or the lender's address, the museum shall publish the notice required under subsection (d) of this section at least one (1) time a week for four (4) consecutive weeks in at least one (1) newspaper with general circulation in:
      1. The county:
         1. Of last known address of the lender; and
         2. In which the museum is located; or
      2. The State of Arkansas.
   2. If the lender fails to object within ninety (90) days from the last date of the publication, the loan shall be considered abandoned and its ownership shall vest in the museum.
4. The notice shall contain:
   1. The name, address, and telephone number of the museum;
   2. A complete description of the loan;
   3. The lender's identity if that information is available from the museum's records;
   4. The lender's last known address if that information is available from the museum's records; and
   5. A statement that the loan shall be considered abandoned and shall become the property of the museum if the lender or claimant does not make a timely objection in accordance with subsection (b) or subsection (c) of this section, whichever is applicable.

History. Acts 2005, No. 2242, § 1; 2017, No. 259, § 1.

Amendments. The 2017 amendment inserted “Both:” in (a)(2).

13-5-1005. Museum's right to claim ownership of undocumented property.

1. Undocumented property in the possession of a museum shall become the museum's property if no person has claimed the undocumented property within seven (7) years after the museum documented possession of the undocumented property.
2. This section does not vest ownership of the undocumented property in the museum if the undocumented property is determined later to be:
   1. Stolen property; or
   2. Property whose ownership is subject to federal law.

History. Acts 2005, No. 2242, § 1.

13-5-1006. Duties of museum concerning a loan.

1. At the time of a loan to a museum, the museum shall:
   1. Make and retain a written record of the following:
      1. The lender's name, address, and telephone number;
      2. A description of the loan;
      3. The date of the loan; and
      4. The expiration date of the loan; and
   2. Provide the lender with a signed receipt or copy of the loan agreement containing the information set out in subdivision (a)(1) of this section.
2. The museum's general duties with respect to a loan include:
   1. Updating museum records whenever:
      1. A lender informs the museum of a change of address or change in the ownership of the loan; and
      2. The lender and museum negotiate a change in the terms of the loan;
   2. Providing the lender with notice about any update concerning the lender's loan; and
   3. Providing copies of §§ 13-5-1004, 13-5-1007, and 13-5-1009:
      1. To each lender who made a loan to the museum before the effective date of this subchapter and that loan is in the custody of the museum;
      2. To the lender at the time of the loan; and
      3. Upon a lender's request.

History. Acts 2005, No. 2242, § 1.

13-5-1007. Duties of lender concerning the lender's loan.

1. A lender who has made a loan to a museum shall promptly notify the museum in writing about a change in:
   1. The lender's address; and
   2. 1. A change in the ownership of the loan.
      2. 1. It shall be the responsibility of the owner of a loan to provide sufficient proof of his or her ownership to the museum.
         2. If there is a dispute about ownership, the museum shall not be liable for its good faith refusal to surrender a loan unless ordered by a court of competent jurisdiction.
2. If the museum notifies the lender by certified or registered mail, return receipt requested, that the loan is terminated, the lender shall:
   1. Acknowledge in writing the termination and inform the museum whether the lender wants the return of the loan; and
   2. 1. Retrieve the loan no later than six (6) months from the date of the museum's notice terminating the loan if the lender wants the loan returned.
      2. If the lender fails to retrieve the loan within the time set out in subdivision (b)(2)(A) of this section, the loan shall be considered abandoned and ownership shall vest in the museum.

History. Acts 2005, No. 2242, § 1.

13-5-1008. Lien for expenses for care of unclaimed property.

A museum has a lien on unclaimed property for any expenses incurred while caring for the unclaimed property.

History. Acts 2005, No. 2242, § 1.

13-5-1009. Conservation measures.

1. If immediate conservation is necessary to protect a loan, a museum's property, or the safety and welfare of the public and the museum's staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender's permission.
2. If immediate conservation is not necessary but conservation is needed to preserve the loan's value, a museum has the right to apply a conservation measure to a loan:
   1. After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and
   2. If the lender or claimant:
      1. Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or
      2. Refuses to consent to the protective measures and will not agree to the termination of the loan and the immediate retrieval of the loan.
3. When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum:
   1. Has a lien on the loan and on the proceeds of any disposition of the loan for the cost of the conservation measure; or
   2. Is not liable for any injury to or loss of the loan if the museum:
      1. Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and
      2. Exercised reasonable care in the choice and application of conservation measures.

History. Acts 2005, No. 2242, § 1.

13-5-1010. Transfer of title to museum.

A museum which acquires ownership of property under this subchapter receives the property free of any claim by a claimant or lender.

History. Acts 2005, No. 2242, § 1.

13-5-1011. Records retention schedule.

A museum shall keep all records relating to loans and undocumented property while the museum has possession of the property or for twenty-five (25) years, whichever period of time is longer.

History. Acts 2005, No. 2242, § 1.

13-5-1012. Conflicts with § 18-28-201 et seq.

This subchapter controls in the event that it conflicts with any of the provisions of § 18-28-201 et seq.

History. Acts 2005, No. 2242, § 1.

Cross References. Unclaimed Property Act, § 18-28-201 et seq.

13-5-1013. Rules.

The Department of Parks, Heritage, and Tourism shall promulgate rules to carry out the provisions of this subchapter, including, but not limited to, rules concerning the form and substance of loan agreements.

History. Acts 2005, No. 2242, § 1; 2019, No. 910, § 5596.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism, in consultation with the Department of Arkansas Heritage”.

Subchapter 1 — General Provisions

[Reserved]

Subchapter 2 — Archeological Survey

Preambles. Acts 1959, No. 82 contained a preamble which read:

“Whereas, Arkansas is a state rich in archeological resources which, if properly excavated, catalogued and preserved, can add immeasurably to the knowledge of our history and our heritage; and

“Whereas, the preservation of our antiquities is of value and interest not only to the citizens of Arkansas but to persons from other states who visit Arkansas as well; and

“Whereas, many historic sites and archeological treasures are either unsurveyed and undiscovered, due to lack of a coordinated and adequate program, or are, in fact, in danger of being lost to posterity by reason of unscientific exploitation, highway construction, flooding from reservoirs in connection with building of dams, and by other means:

“Now therefore, this legislative body recognizes the need for a statewide program of archeological research and enacts this measure for the achievement of that purpose.”

Effective Dates. Acts 1959, No. 82, § 10: Feb. 20, 1959. Emergency clause provided: “It is hereby determined by the General Assembly that archeological materials, sites, mounds, and relics are being lost through thoughtless destruction by untrained excavators as well as through the construction of public dams and highways; that early preventive action is required and that immediate educational efforts should be made in order that the heritage of an earlier age not be lost; that a comprehensive state program of archeology will result in findings which will be of interest and value not only to the citizens of this state but to those who visit Arkansas as well; that the best method of accomplishing these objectives and preventing the losses referred to is by creation of a state program of archeological research. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, safety, and welfare shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 39, § 12: Feb. 6, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that archeological materials, sites, mounds and relics are being lost through thoughtless destruction by untrained excavators as well as through the construction of public dams and highways; that it is essential to the discovery and preservation of these priceless relics, artifacts and other archeological materials of prior cultures in Arkansas that the existing program of archeological research and discovery be enlarged, broadened and expanded by the establishment of the Arkansas Archeological Survey and by the appointment of a skilled and qualified State Archeologist; that in order to accomplish these purposes, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act being necessary to 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 2003, No. 1638, § 19: July 1, 2003. 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, 2003 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, 2003 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, 2003.”

13-6-201. Arkansas Archeological Survey established.

The President of the University of Arkansas system is designated agent of the State of Arkansas for the purpose of conducting a program of archeological research as described in this subchapter which shall be referred to as the “Arkansas Archeological Survey”.

History. Acts 1959, No. 82, § 1; 1967, No. 39, § 1; A.S.A. 1947, §§ 9-1001, 9-1009.

Publisher's Notes. Acts 1967, No. 39, § 1, provided for the continuation and expansion of the program of archeological research and discovery established pursuant to Acts 1959, No. 82. The section further provided that its intent was to authorize and encourage all public institutions of higher learning in Arkansas to participate in the program. Section 10 of that act provided that the provisions of the act were supplemental to Acts 1959, No. 82 and did not repeal or modify any provisions of the latter act except as specifically provided in the 1967 act.

Acts 1977, No. 741, § 1, provided for the transfer of the supervision and direction of the Arkansas Archeological Survey from the Board of Trustees of the University of Arkansas to the President of the University of Arkansas System.

13-6-202. Survey's functions.

The Arkansas Archeological Survey shall initiate, operate, and maintain a program in archeology which shall include, but not be limited to, the following areas of action:

1. Excavation of archeological and historical sites, ruins, and mounds for the purpose of securing data and objects relating to early humans in Arkansas;
2. Fundamental research in Arkansas archeology and encouragement of public cooperation in the preservation of Arkansas antiquities;
3. Research in and study of anthropology, soil, geology, and related social and physical sciences, both prior to excavation and thereafter, in order to plan and aid in discovery of sites and artifacts and their proper assessment once discovered;
4. Publication of findings in terms of their scientific, popular, and cultural values;
5. Display and custodianship of relics, artifacts, sites, and other tangible results of the program; and
6. Educational activities providing a stimulus to archeological efforts and the encouragement of archeological societies, parks, and museums.

History. Acts 1959, No. 82, § 2; 1967, No. 39, § 3; A.S.A. 1947, §§ 9-1002, 9-1011; Acts 1991, No. 274, § 1.

Cross References. Program of historic preservation, performance by Archeological Survey and Historic Preservation Program of the Department of Arkansas Heritage, § 13-7-105.

13-6-203. Directory of Survey.

1. The President of the University of Arkansas shall appoint a Director of the Arkansas Archeological Survey who shall have a doctor of philosophy degree in anthropology with a specialization in archeology or the equivalent in training and experience who shall be responsible for the overall administration and coordination of the Arkansas Archeological Survey, and who shall serve at the pleasure of the president.
2. The director shall perform the duties that may be set by the president and may be paid from funds appropriated for the survey.

History. Acts 1967, No. 39, § 2; A.S.A. 1947, § 9-1010; Acts 1991, No. 274, § 2.

A.C.R.C. Notes. Acts 2003, No. 1568, § 2 provided:

“ARCHEOLOGICAL SURVEY CONTRACT. The Archeological Survey shall contract with the Arkansas Humanities Council to grant funds to local organizations and provide training and assistance in historical research methods and the Arkansas Archeological Survey shall provide assistance in archeological methods, as needed.”

13-6-204. State Archeologist and other survey personnel.

1. 1. The President of the University of Arkansas shall appoint a State Archeologist who shall have a doctor of philosophy degree in anthropology with a specialization in archeology, or the equivalent in training and experience, and such other full-time or part-time employees as may be required to carry on the Arkansas Archeological Survey, all of whom shall possess such qualifications as may be prescribed by the president.
   2. The State Archeologist shall be a full-time employee of the survey.
2. The personnel of the survey shall be deemed employees of the University of Arkansas.

History. Acts 1967, No. 39, §§ 2, 7; A.S.A. 1947, §§ 9-1010, 9-1015; Acts 1991, No. 274, § 3.

13-6-205. Appropriations — Disposition of funds.

1. Funds appropriated for the Arkansas Archeological Survey shall be by specific appropriation separate and distinct from funds appropriated for the University of Arkansas and shall be used exclusively for the purposes of the survey.
2. All expenditures of funds appropriated for the survey shall be made in accordance with and subject to the state purchasing laws, the state travel laws and rules, and other laws and rules applicable thereto.
3. The survey is authorized to enter into contracts with and to receive and expend gifts, grants, or other funds from federal, private, or other sources to be used in furtherance of the program of the survey within the limitations of the maximum annual salary rates as set forth by law.

History. Acts 1967, No. 39, § 2; A.S.A. 1947, § 9-1010; Acts 2003, No. 1638, § 12; 2019, No. 315, § 981.

Amendments. The 2003 amendment added (c).

The 2019 amendment substituted “rules” for “regulations” twice in (b).

13-6-206. Duties of University of Arkansas.

1. The University of Arkansas is to make available for study in connection with the Arkansas Archeological Survey the holdings of its museum which contains the world's best and most extensive collection of Arkansas archeological material and the valuable collection of archeological and related literature held by its library.
2. The cooperation of the University of Arkansas’s personnel in other related fields of activity shall be extended to the Arkansas Archeological Survey created by this subchapter.
3. However, the University of Arkansas’s responsibility to initiate, operate, and continue to maintain an archeological program exceeding the scope of its present operations in that field shall be and is made dependent upon the fiscal year appropriation of additional state funds for that purpose.
4. All funds received from any source for the survey shall be held by, expended by, and disbursed through regular University of Arkansas business channels, but these funds shall be used only in support of the activities described in this subchapter.

History. Acts 1959, No. 82, § 3; A.S.A. 1947, § 9-1003.

13-6-207. Housing for survey.

The University of Arkansas and cooperating institutions shall provide appropriate housing to the extent that it is available in the nature of laboratory and office space for Arkansas Archeological Survey personnel without cost to the survey.

History. Acts 1967, No. 39, § 7; A.S.A. 1947, § 9-1015.

13-6-208. Participation in program — Contracts for and assignment of survey archeologists and personnel.

1. All public institutions of higher learning in Arkansas desiring to participate in the Arkansas Archeological Survey provided for in this subchapter may contract with the University of Arkansas for Arkansas Archeological Survey archeologists to be assigned to and in residence at the contracting institutions.
2. Any institutions desiring to be assigned a survey archeologist-in-residence at the institutions shall agree to provide the university under contract an amount not less than the equivalent of twenty-five percent (25%) of the salary of the archeologist upon a nine-month basis.
3. When a contract is entered into by the university and a cooperating institution, the survey archeologist may be assigned to and based at the cooperating institution for the contract period, which shall normally be twelve (12) months unless a shorter period is provided in the contract.
4. During the portion of the survey archeologist's time contracted for by a cooperating institution, he or she may perform research, teaching, or other related functions as directed by the cooperating institution in accordance with the terms of the contract, provided these other functions shall not be such as to interfere with the effective performance of his or her duties as a survey archeologist.
5. The university shall enter into contracts with cooperating institutions for the assignment of survey personnel to the extent that the assignments are consistent with the purposes and aims of the survey and insofar as funds and personnel permit the contracts to be made or renewed.

History. Acts 1967, No. 39, § 4; A.S.A. 1947, § 9-1012.

13-6-209. Cooperation of state and local entities.

All other state agencies, departments, and institutions, as well as county and city officials, are directed to cooperate in the activities described in this subchapter in order that a statewide focus shall be given the implementation of the Arkansas Archeological Survey created by this subchapter.

History. Acts 1959, No. 82, § 4; A.S.A. 1947, § 9-1004.

13-6-210. Salvage work — Cooperative agreements.

1. In recognition of the fact that archeological materials and antiquities are destroyed or damaged in connection with the construction of public works such as highways and dams, the Arkansas Archeological Survey created by this subchapter shall include salvage work in advance of or coexistent with public construction and advice directed to the avoidance of waste of archeological sites and materials.
2. Authority is granted to the University of Arkansas to cooperate with individuals and state and federal agencies in surveying and excavating archeological sites. Full power to contract with these persons or agencies relative to these matters is extended.
3. The State Highway Commission is authorized and directed to enter into appropriate contracts and cooperative agreements with the university and the Federal Highway Administration and to expend funds, both state and federal, in aid of archeological salvage and archeological preservation on all or any part of the lands and rights-of-way now or coming into the commission's control in order that the beneficial purposes of this subchapter shall be achieved.

History. Acts 1959, No. 82, §§ 6, 7; A.S.A. 1947, §§ 9-1006, 9-1007.

Cross References. State Highway Commission, powers and duties, § 27-65-107.

13-6-211. Grants, donations, etc.

1. The President of the University of Arkansas System is authorized to accept grants, bequests, devises, gifts, and donations for purposes of a state program in archeological research and to expend them to that end.
2. The president's full power to accept and hold title to interests in land for those purposes is recognized.
3. The president is empowered to make a reasonable charge for publications and expend the proceeds for the program.

History. Acts 1959, No. 82, § 8; A.S.A. 1947, § 9-1008.

13-6-212. Repositories for archeological evidence.

1. The Arkansas Archeological Survey shall serve as the repository for copies of all archeological field notes, photographs, publications, or other records obtained through the use of state funds by whatever agency.
2. All archeological objects found through the efforts of the survey shall be deposited at the University of Arkansas museum, provided, archeological objects obtained by survey archeologists while under contract to and assigned to a cooperating institution, upon request of the cooperating institution, may be assigned to the custody of the institution if appropriate and adequate safeguards are provided.

History. Acts 1967, No. 39, § 5; A.S.A. 1947, § 9-1013.

13-6-213. Artifacts, fossils, and relics.

1. All artifacts, fossils, relics, and other personal property discovered, donated, or otherwise acquired in pursuance of this program shall be the property of the State of Arkansas held in trust by the University of Arkansas.
2. The university shall, to the extent possible, make these items available for scientific use or public display by appropriate public bodies at places throughout the state.
3. However, complete authority is granted to exchange and barter such items for other items deemed of equal value with persons, nonprofit organizations, and public agencies both within and without Arkansas, in order that representative collections may be assembled and that study and analysis be enhanced.

History. Acts 1959, No. 82, § 5; A.S.A. 1947, § 9-1005.

13-6-214. Responsibility for objects obtained — Loans.

1. The Arkansas Archeological Survey shall hold title to and have primary responsibility for all archeological objects and materials obtained pursuant to this program or otherwise accruing to the survey.
2. It shall be the responsibility of the Director of the Arkansas Archeological Survey to see that all archeological material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public, insofar as funds and good scientific practices permit.
3. Whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the survey as stated in this subchapter, the director may approve of and permit the loan of objects and materials to a state museum in Arkansas, to educational or scientific institutions or organizations, or to other institutions or organizations for purposes of research or public education.

History. Acts 1967, No. 39, § 6; A.S.A. 1947, § 9-1014.

13-6-215. Programs of Arkansas Archeological Society.

The Arkansas Archeological Survey is authorized to assist and support the programs of the Arkansas Archeological Society to the extent that the purposes and aims of the two (2) coincide.

History. Acts 1967, No. 39, § 8; A.S.A. 1947, § 9-1016.

13-6-216. Annual review and evaluation.

The Arkansas Archeological Society is requested to annually review and evaluate the programs and activities of the Arkansas Archeological Survey and to provide written reports of the evaluation to the Director of the Arkansas Archeological Survey, each state-supported institution of higher learning, and any other interested institutions and agencies that may request the reports.

History. Acts 1967, No. 39, § 9; A.S.A. 1947, § 9-1017.

Subchapter 3 — Sites

Preambles. Acts 1967, No. 58 contained a preamble which read:

“Whereas, the public has an interest in preservation of all antiquities, historic ruins, sites, artifacts, and similar places and things for their scientific and historical information and value; and

“Whereas, the public has a right to the knowledge to be derived and gained from a scientific study of these materials; and

“Whereas, the most recent past has seen the neglect, desecration and destruction of sites and the removal without adequate records of archeological objects and artifacts with a resulting loss to our people of knowledge concerning their heritage; and

“Whereas, prehistoric and historic remains, sites, and objects of antiquity are rightfully and properly the subject of coordinated and organized activities exercised on behalf of the general welfare of the public as a whole in order that they may be preserved, studied, exhibited, and evaluated;

“Now therefore….”

Effective Dates. Acts 1967, No. 58, § 10: Feb. 9, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that valuable archeological materials, sites, mounds and relics are being lost through thoughtless destruction, neglect and desecration; that early preventive action is required in order that the heritage of an earlier age not be lost; that it is necessary to take immediate steps for the preservation, protection, excavation and evaluation of these artifacts and archeological sites so as to increase the available knowledge of prior cultures in Arkansas; and that only by the immediate passage of this act can these purposes be accomplished. 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.”

13-6-301. Reservation of rights — Legislative intent.

1. 1. The State of Arkansas reserves to itself the exclusive right and privilege of field archeology on sites owned or controlled by the state, its agencies, departments, and institutions, in order to protect and preserve archeological and scientific information, matter, and objects.
   2. All information and objects deriving from state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state.
2. 1. It is a declaration and statement of legislative intent that field archeology on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this subchapter.
   2. Persons having knowledge of the location of archeological sites are encouraged to communicate the information to the Arkansas Archeological Survey.

History. Acts 1967, No. 58, § 2; A.S.A. 1947, § 8-802.

13-6-302. Definitions.

As used in this subchapter:

1. 1. 1. “Archeological site” means a location containing the physical remains of human life or human activities that are no less than one hundred (100) years old.
      2. An archeological site may but need not contain pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, rock paintings, graves, and human skeletal remains.
   2. “Archeological site” includes all aboriginal mounds, forts, earthworks, village locations, burial grounds, historic or prehistoric ruins, mines, or caves that are or may be the source of a significant amount of artifacts;
2. “Artifact” means a relic, specimen, or object of an historical, prehistorical, archeological, or anthropological nature that:
   1. May be found above or below the surface of the earth; and
   2. Has scientific or historic value as an object of antiquity, as an aboriginal relic, or as an archeological specimen; and
3. “Field archeology” means the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing subsurface objects or going on an archeological site with that intent.

History. Acts 1967, No. 58, § 1; A.S.A. 1947, § 8-801; Acts 2007, No. 217, § 1.

13-6-303. [Repealed.]

Publisher's Notes. This section, concerning penalties, was repealed by Acts 2007, No. 217, § 2. The section was derived from Acts 1967, No. 58, § 8; A.S.A. 1947, § 8-808.

13-6-304. Cooperation by state and local entities.

1. All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the Arkansas Archeological Survey in the preservation, protection, excavation, and evaluation of artifacts and sites.
2. To that end, where any site or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality, having control over or owning the property or preparing to excavate or perform work upon the property or currently performing work of any type upon the property is urged to notify the survey of the discovery and location of the site or artifacts.
3. Any state or local entity shall cooperate to the fullest extent practicable with the survey to preserve and prevent the destruction of the site or artifacts and to allow the survey to assist in, and effect, the removal of artifacts by means designed to preserve and permit the study and evaluation of the artifacts.
4. The provisions of this subchapter shall be made known to contractors by the state agencies doing the contracting.

History. Acts 1967, No. 58, § 3; A.S.A. 1947, § 8-803.

13-6-305. Reservation of state lands from sale.

1. 1. Upon written notice to the Commissioner of State Lands given by the Arkansas Archeological Survey, the Commissioner of State Lands shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found, as designated by the survey.
   2. However, the reservation of lands from sale may be confined to the actual location of the site or artifacts.
2. When sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the survey, the survey shall then file with the Commissioner of State Lands a statement releasing the lands and permitting the sale of the lands.

History. Acts 1967, No. 58, § 5; A.S.A. 1947, § 8-805.

13-6-306. State archeological landmarks — Penalty for disturbing.

1. 1. An archeological site of significance to the scientific study or public representation of Arkansas's aboriginal past may be publicly designated by the Arkansas Archeological Survey as a state archeological landmark.
   2. However, no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is on privately owned land, of the owner thereof.
2. When an archeological site has been designated as a state archeological landmark, excavation for the purpose of recovery or the recovery of one (1) or more artifacts from the state archeological landmark by a person other than the survey or its designated agent is a:
   1. Class D felony for the first offense and a Class C felony for a subsequent offense if the value of the artifacts excavated or recovered or the cost to restore or repair the damage to the archeological site is greater than one thousand dollars ($1,000); or
   2. Class B misdemeanor for the first offense and a Class A misdemeanor for a subsequent offense if the value of the artifacts excavated or recovered or the cost to restore or repair the damage to the archeological site is one thousand dollars ($1,000) or less.
3. Once so designated, excavation for the purpose of recovery or the recovery of artifacts from such sites by persons other than the survey or its duly designated agents shall be a misdemeanor.

History. Acts 1967, No. 58, § 4; A.S.A. 1947, § 8-804; Acts 2007, No. 217, § 3.

13-6-307. Digging up or removing artifact without permission — Penalty.

1. 1. It is unlawful for any person, natural or corporate, to knowingly dig up an artifact from the private land of the owner without first obtaining the owner's permission.
   2. A violation of subdivision (a)(1) of this section is a:
      1. Class D felony for the first offense and a Class C felony for a subsequent offense if the value of all artifacts dug up or the cost to restore or repair the owner's property is greater than one thousand dollars ($1,000); or
      2. Class B misdemeanor for the first offense and a Class A misdemeanor for a subsequent offense if the value of all artifacts dug up or the cost to restore or repair the owner's property is one thousand dollars ($1,000) or less.
2. 1. It is unlawful for any person, natural or corporate, to knowingly remove an artifact from the private land of the owner without first obtaining the owner's permission.
   2. A violation of subdivision (b)(1) of this section is a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense.

History. Acts 1967, No. 58, § 6; A.S.A. 1947, § 8-806; Acts 2007, No. 217, § 4.

13-6-308. Vandalism of archeological sites and artifacts — Penalty.

1. In order that archeological sites and artifacts on state-owned or state-controlled land shall be protected for the benefit of the public, no person, natural or corporate, shall knowingly dig up and remove, write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any artifact or archeological site.
2. A violation of this section is a:
   1. Class D felony for the first offense and a Class C felony for a subsequent offense if the value of all artifacts dug up and removed or the cost to repair or restore the damage to the archeological site is greater than one thousand dollars ($1,000); or
   2. Class B misdemeanor for the first offense and a Class A misdemeanor for a subsequent offense if the value of all artifacts dug up and removed or the cost to repair or restore the damage to the archeological site is one thousand dollars ($1,000) or less.

History. Acts 1967, No. 58, § 7; A.S.A. 1947, § 8-807; Acts 2007, No. 217, § 5.

Subchapter 4 — Human Skeletal Burial Remains

Preambles. Acts 1991, No. 753 contained a preamble which read:

“Whereas, the state and its citizens have an obligation to protect from desecration all human skeletal burial remains and associated burial furniture including those from unmarked, unrecorded, abandoned, or unregistered graves, burial grounds, or cemeteries; and

“Whereas, the skeletal burial remains and associated burial furniture of many Native Americans, Europeans, Blacks, American settlers, and others were placed in burial grounds not presently known, recorded, or registered;

“Now therefore….”

13-6-401. Legislative intent.

1. It is a declaration and statement of the General Assembly's intent that all human burials and human skeletal burial remains shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, religious affiliations, or date of burial.
2. The provisions of this subchapter shall apply to all human burials or human skeletal burial remains found on or in all public or private lands or waters of Arkansas.

History. Acts 1991, No. 753, § 3.

13-6-402. Definitions.

As used in this subchapter:

1. “Artifacts” means arrowheads, other bone and stone tools, pottery, pottery fragments, china, metal objects or other material objects made by Native American settlers, or other residents of Arkansas, which were left or lost in or on the ground, except those items which were placed in direct association with human skeletal burial remains or burial furniture as defined in this subchapter;
2. “Burial furniture” means any items which were placed with human remains at the time of burial or in apparent intentional association with the burial and would include burial markers, items of personal adornment, casket and casket hardware, stone and bone tools, pottery vessels, or other similar objects or materials;
3. “Burial grounds” means any place where human skeletal remains are or have been buried;
4. “Desecration” means the intentional, willful, or knowing removal or disturbance of human skeletal burial remains or burial furniture which was placed with a buried human body, or treating such human skeletal burial remains in an irreverent and contemptuous manner; and
5. “Human skeletal burial remains” means the calcified portion of a human body which remains after the flesh has decomposed.

History. Acts 1991, No. 753, § 1.

13-6-403. State plan for the conservation of archeological resources in Arkansas.

1. The public has a right to the knowledge to be derived and gained from the scientific study of human skeletal burial remains and burial furniture.
2. Therefore, when justified by “A State Plan for the Conservation of Archeological Resources in Arkansas” as promulgated by the State Archeologist and the State Historic Preservation Officer, the investigation, excavation, removal, and analysis of human skeletal burial remains and burial furniture is authorized and, if done, must be carried out with the consent of the landowner and consulation with the appropriate tribe, if identifiable, and under the direction of archeologists employed by the state or the United States Government or by archeologists meeting the United States Department of the Interior's professional qualifications standards found in the current Code of Federal Regulations.

History. Acts 1991, No. 753, § 7.

13-6-404. Conveyance of exhumed remains.

1. 1. If human skeletal burial remains are exhumed for relocation, then at the request of a direct descendant, that of a specific church, or that of a Native American tribal group recognized by the United States Government who can provide written or scientific documentation of such descent, or of direct church or tribal affiliation with the human skeletal burial remains, the human skeletal burial remains will be conveyed to such an individual or entity.
   2. If human skeletal remains are conveyed to an individual or entity under subdivision (a)(1) of this section, burial furniture exhumed with the human skeletal remains shall be conveyed to the individual or entity.
2. By consultation with the groups mentioned in subsection (a) of this section, scientific studies may be undertaken.

History. Acts 1991, No. 753, § 8; 2011, No. 705, § 1.

A.C.R.C. Notes. As enacted by Acts 1991, No. 753, § 8, subsection (a) began:

“If, subsequent to the date of this act,”. Acts 1991, No. 753, § 8, was signed by the Governor on March 26, 1991, and became effective on July 15, 1991.

Amendments. The 2011 amendment added (a)(2).

13-6-405. Unclaimed remains.

1. If human skeletal burial remains are not claimed as set forth in § 13-6-404, the Arkansas Archeological Survey or a state-supported museum, or a museum accredited by the American Alliance of Museums, may serve as a depository for such skeletal remains as are required for scientific purposes.
2. If not otherwise claimed as provided in this subchapter, skeletal burial remains and burial furniture shall be disposed of in accordance with existing laws and rules for disposing of human remains.

History. Acts 1991, No. 753, § 9; 2011, No. 705, § 2.

Amendments. The 2011 amendment inserted “and burial furniture” in (b).

13-6-406. Trade or collection of remains.

1. Anyone who knowingly buys, sells, or barters human skeletal burial remains or their associated burial furniture is committing a Class D felony for the first offense and a Class C felony on the second and subsequent offenses.
2. Artifacts as defined in this subchapter and private collections legally acquired prior to July 15, 1991, are exempted from this section.
3. Nothing in this subchapter prohibits the collecting of such artifacts by landowners or others who do so with the landowner's permission.

History. Acts 1991, No. 753, § 4; 1999, No. 1533, § 1.

Amendments. The 1999 amendment, in (a), substituted “Class D felony” for “Class A misdemeanor” and “Class C felony” for “Class D felony.”

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

13-6-407. Display of remains.

Anyone who knowingly displays human skeletal burial remains for profit or to aid and abet a commercial enterprise is committing a Class C felony with each day of display being a separate offense.

History. Acts 1991, No. 753, § 5; 1999, No. 1533, § 2.

Amendments. The 1999 amendment substituted “Class C felony” for “Class B misdemeanor.”

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

13-6-408. Desecration of burial grounds and burial furniture.

1. Anyone who intentionally or knowingly desecrates or permits desecration of a burial ground and associated burial furniture is committing on the first offense a Class D felony and on the second or subsequent offenses a Class C felony.
2. The presence in the ground of grave markers, caskets, or casket hardware creates a rebuttable presumption that these are burial furniture and of the existence or presence of a human burial ground.
3. Exempted from this section is disturbance of human skeletal burial remains or burial furniture by landowners or agricultural tenants as a consequence of agricultural activity or any other activity unless the landowner or agricultural tenant knowingly desecrates or knowingly allows desecration of a cemetery or burial site.

History. Acts 1991, No. 753, § 6; 1999, No. 1533, § 3; 2005, No. 2232, § 5.

Amendments. The 1999 amendment, in (a), substituted “Class D felony” for “Class A misdemeanor” and “Class C felony” for “Class D felony.”

Cross References. Fines, § 5-4-201.

Imprisonment, § 5-4-401.

13-6-409. Proof of violations.

The mere possession of items defined in § 13-6-402 does not create a presumption of a violation of this subchapter, but the duty shall remain upon the state to prove any violation of this subchapter.

History. Acts 1991, No. 753, § 2.

Subchapter 1 — General Provisions

A.C.R.C. Notes. References to “this subchapter” in §§ 13-7-101 to 13-7-109 may not apply to § 13-7-110 which was enacted subsequently.

Acts 2015, No. 407, § 2, provided: “As referenced in SECTION 3, subsection (c) of Acts 1202 and 1753 of 2007, the authorized funding for the Arkansas Cemetery Board for cemetery maintenance, operations and acquisition costs, and as amended by SECTIONS 1 and 2 of Act 427 of 2009 to also be deemed to include grants to be made to non-profit/government entity owners of perpetual care cemeteries of historic nature, shall also be deemed to include grants to be made to non-profit entities for the care and improvement of perpetual care cemeteries of historic nature.”

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.”

Preambles. Acts 1977, No. 480 contained a preamble which read:

“Whereas, the historical and cultural heritage of Arkansas should be preserved as a living part of our community life, economic development, and social well-being in order to give a sense of orientation to all the citizens of Arkansas; and

“Whereas, the spirit and direction of the future of Arkansas are founded upon and reflected in its unique and historic past; and

“Now therefore….”

Effective Dates. Acts 1977, No. 480, § 14: Mar. 17, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is desirable that the historical and cultural heritage of the State of Arkansas be preserved; that it is essential that an agency be created to coordinate and supervise authority in preserving the historical and cultural heritage of the state; that this act is designed to accomplish this purpose and should be given effect immediately. 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. 663, § 3: Mar. 22, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an immediate need to expand the powers and duties of the Arkansas Historic Preservation Program to enter into contracts, to receive and expend funds obtained from any source, and to charge fees; and this act is immediately necessary to grant such authority. 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. 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.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

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”.

13-7-101. Public policy.

1. The General Assembly determines that the historical, archeological, architectural, and cultural heritage of Arkansas is among the most important economic and environmental assets of this state and that rapid development threatens to remove the remaining vestiges of Arkansas’s proud and unique heritage.
2. Therefore, it is declared to be public policy and in the best interests of the general economic, social, and educational welfare of all the citizens of Arkansas for this state to engage in a comprehensive program of historic preservation, undertaken at all levels of the government of Arkansas and its political subdivisions, to promote the use and preservation of property for the public interest and the education, inspiration, pleasure, and enrichment of the citizens of this state.

History. Acts 1977, No. 480, § 1; A.S.A. 1947, § 8-904.

13-7-102. Definitions.

As used in this subchapter:

1. “Historic preservation” means the research, interpretation, presentation, protection, restoration, and rehabilitation of historic property; and
2. “Historic property” means any building, structure, object, district, area, or site that is significant in the history, architecture, archeology, or culture of this state, its communities, or the nation.

History. Acts 1977, No. 480, § 2; A.S.A. 1947, § 8-905.

13-7-103. Construction.

Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of the Department of Parks, Heritage, and Tourism, the State Parks, Recreation, and Travel Commission, the Old State House Commission, and the Arkansas Archeological Survey, as prescribed by law.

History. Acts 1977, No. 480, § 10; A.S.A. 1947, § 8-913; Acts 2016 (3rd Ex. Sess.), No. 2, § 118; 2016 (3rd Ex. Sess.), No. 3, § 118; 2019, No. 910, § 5597.

A.C.R.C. Notes. Acts 1971, No. 38, § 7 transferred the State Parks, Recreation, and Travel Commission by type 4 transfer to the Department of Parks and Tourism.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Department of Arkansas Heritage” for “Arkansas History Commission”.

The 2019 amendment substituted “responsibilities of the Department of Parks, Heritage, and Tourism” for “responsibilities of the Department of Arkansas Heritage”.

13-7-104. Administration of program.

The Division of Arkansas Heritage is designated as the agency of this state to develop and implement a statewide program of historic preservation.

History. Acts 1977, No. 480, § 3; A.S.A. 1947, § 8-906; Acts 2019, No. 910, § 5598.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism, Division of Arkansas Heritage” for “Department of Arkansas Heritage”.

13-7-105. Arkansas Archeological Survey to perform archeological functions.

1. All archeological functions of the program of historic preservation, including that under 54 U.S.C. § 302301 et seq. and as provided for under this subchapter shall be performed by the Arkansas Archeological Survey for the purpose of statewide archeological investigation and preservation.
2. In furtherance of the development and implementation of a statewide program of historic preservation, the survey and the Arkansas Historic Preservation Program of the Division of Arkansas Heritage shall cooperate in the fullest manner possible.

History. Acts 1977, No. 480, § 5; A.S.A. 1947, § 8-908; Acts 2019, No. 910, § 5599.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b).

Cross References. Arkansas Historic Preservation Program of the Department of Arkansas Heritage, § 25-3-102.

13-7-106. Arkansas Historic Preservation Program — Powers and duties.

1. The Arkansas Historic Preservation Program, a division of the Division of Arkansas Heritage, under the State Historic Preservation Officer, shall have the following powers and duties:
   1. To implement the development of a State Historic Preservation Plan as contemplated by 54 U.S.C. § 302301 et seq., but not necessarily restricted thereto, and to be responsible for the historical, architectural, and cultural portions of that plan;
   2. To conduct surveys and otherwise develop the data necessary for the historical, architectural, and cultural portions of the plan;
   3. To cooperate with the Arkansas Archeological Survey which will be responsible for the archeological portion of the statewide program for historic preservation and the plan as provided for in § 13-7-105;
   4. To coordinate the surveys and other programs of activities of all state and private agencies in connection with projects supported by federal funds provided to the Division of Arkansas Heritage to implement 54 U.S.C. § 302301 et seq. and all cash funds or appropriated state funds made available to the division for the program;
   5. To allocate any federal funds which are provided to implement 54 U.S.C. § 302301 et seq. to those state agencies or private or other organizations which are professionally staffed and capable of carrying out the programs provided for by 54 U.S.C. § 302301 et seq.;
   6. To accept and administer funds received from the state or federal government or any other governmental agencies or from any private source in furtherance of the provisions of this subchapter; provided, that administration and acceptance does not include cash or appropriated funds made available to the Arkansas Archeological Survey from whatever source;
   7. To reimburse members of committees appointed by the Governor for expenses in accordance with § 25-16-901 et seq.;
   8. To enlist the cooperation and assistance of the Old State House Commission, the Arkansas State Archives, the State Parks, Recreation, and Travel Commission, and all other agencies for historical, architectural, and cultural purposes, to the end that all activities shall be developed in accordance with the plan as contemplated by this subchapter and 54 U.S.C. § 302301 et seq., and in accordance with existing state laws pertaining to the duties and responsibilities of each of the agencies indicated in this subdivision (a)(8);
   9. To cooperate with federal, state, and local government agencies in surveying the state for historic properties to be included in the State Register of Historic Places or National Register of Historic Places, or both, in the planning and conduct of specific undertakings affecting historic properties and preservation objectives, and, generally, in overall planning for the use of land; and
   10. To perform all other functions necessary in the furtherance of the purpose of this subchapter and in coordinating and implementing the participation by this state in the purposes contemplated by 54 U.S.C. § 302301 et seq.
2. 1. The program is authorized to:
      1. Enter into contracts;
      2. Receive and expend gifts, grants, or other funds from federal or private sources; and
      3. Charge fees for conferences, tax certification, easements, and the professional review of federal undertakings for their impact on cultural resources.
   2. These funds shall be deposited in the cash fund of the program.
3. 1. The program is authorized to acquire in the name of the state sites, buildings, and objects of historical value by gift, purchase, or otherwise.
   2. No property shall be acquired or contract or agreement for the acquisition thereof made which will obligate the state for the payment of the property, or the maintenance or improvement thereof after acquisition, in the absence of the appropriation of funds by the General Assembly for that purpose.
   3. The interest in any land authorized to be acquired by this subchapter may be fee simple or any lesser interest as determined by the State Historic Preservation Officer with the advice of the State Review Committee for Historic Preservation to be reasonably necessary to accomplish the purpose of this subchapter.

History. Acts 1977, No. 480, § 8; 1983, No. 663, § 1; A.S.A. 1947, § 8-911; Acts 1997, No. 250, § 81; 2016 (3rd Ex. Sess.), No. 2, § 119; 2016 (3rd Ex. Sess.), No. 3, § 119; 2019, No. 910, § 5600.

A.C.R.C. Notes. Acts 1971, No. 38, § 7 transferred the State Parks, Recreation, and Travel Commission by type 4 transfer to the Department of Parks and Tourism.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a)(9).

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in the introductory language of (a); in (a)(4), substituted “Division of Arkansas Heritage” for the first occurrence of “department” and substituted “division” for the second occurrence of “department”; deleted (a)(6) and redesignated the remaining subdivisions accordingly; and substituted “(a)(8)” for “(a)(9)” in (a)(8).

13-7-107. State Historic Preservation Officer — Appointment and duties.

1. The Governor shall designate the State Historic Preservation Officer who shall be an employee of the Division of Arkansas Heritage.
2. The State Historic Preservation Officer shall be responsible for conducting relations with the representatives of the federal government, the respective states, governmental units within Arkansas, state agencies, organizations, and individuals with regard to matters of historic preservation.
3. The State Historic Preservation Officer is charged with the responsibility for the professional and fiscal conduct of the Arkansas Historic Preservation Program, including the program carried out under 54 U.S.C. § 302301 et seq.

History. Acts 1977, No. 480, § 4; A.S.A. 1947, § 8-907; 2019, No. 910, § 5601.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a).

13-7-108. Review committee — Powers and duties.

1. There is recognized the existence of the State Review Committee for Historic Preservation established in accordance with federal guidelines promulgated under 54 U.S.C. § 302301 et seq.
2. The committee shall be appointed by the Governor with a minimum of five (5) members.
3. The committee shall have the power and duty to:
   1. Review districts, sites, buildings, structures, and objects which may be recommended for inclusion in a State Register of Historic Places or National Register of Historic Places, or both, and advise the State Historic Preservation Officer concerning their nomination;
   2. Review and advise the State Historic Preservation Officer on the State Historic Preservation Plan;
   3. Elect a chair and spell out rules and procedures as necessary; and
   4. Act in an advisory capacity to the State Historic Preservation Officer.

History. Acts 1977, No. 480, §§ 6, 7; A.S.A. 1947, §§ 8-909, 8-910.

13-7-109. State Register of Historic Places.

1. There is created a State Register of Historic Places.
2. 1. 1. The State Historic Preservation Officer, in consultation with the State Review Committee for Historic Preservation, shall establish a listing of sites, districts, structures, buildings, areas, or objects above or below the surface of the earth, whether on land or in the waters of the state, together with any designated improvements thereon, significant in the history, architecture, archeology, or culture of the state, its communities, or the nation.
      2. The listing shall constitute the State Register of Historic Places.
   2. All historic places within the state listed on or nominated to the National Register of Historic Places shall be deemed to be listed in the State Register of Historic Places.
3. The State Historic Preservation Officer, with the advice of the review committee, shall establish the procedures and the criteria for listing in the State Register of Historic Places.
4. Listing a privately owned property in the State Register of Historic Places shall in no way violate or abridge the lawful owner's right to use, modify, or dispose of the property.

History. Acts 1993, No. 155, § 1.

13-7-110. Arkansas Historic Building Code authorized.

1. The Arkansas Historic Preservation Program may by rule promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., adopt an Arkansas Historic Building Code for buildings listed individually on the National Register of Historic Places, buildings eligible for listing individually on the National Register of Historic Places, and buildings listed as a contributing resource in a National Register Historic District.
2. To the extent that the provisions of the Arkansas Historic Building Code adopted by the program conflict with any state or local building or fire code, the Arkansas Historic Building Code shall prevail as to the buildings described in subsection (a) of this section.

History. Acts 1997, No. 935, § 1; 2019, No. 315, § 982.

A.C.R.C. Notes. References to “this subchapter” in §§ 13-7-101—13-7-109 may not apply to this section which was enacted subsequently.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (a).

Cross References. Cities and towns, Historic Districts Act, § 14-172-201 et seq.

13-7-111. Signage for war relocation centers.

1. The General Assembly finds that:
   1. There are only two (2) war relocation centers for people of Japanese descent that were operated by the War Relocation Authority during World War II in Arkansas: Jerome and Rohwer;
   2. Rohwer is recognized as a National Historic Landmark for its importance in American history and importance to Japanese Americans and is an important part of Arkansas's history; and
   3. Jerome is an equally valuable part of the history of Arkansas and the history of many Japanese Americans.
2. 1. The Division of Arkansas Heritage shall erect signs to inform visitors about the historic landmarks of Jerome and Rohwer in Southeast Arkansas, subject to the appropriation and availability of funding.
   2. Any signs placed in a right-of-way of a state highway shall be approved by the State Highway Commission.
3. The signs shall include the following about Jerome and Rohwer:
   1. Information about the size and locations;
   2. Site plans;
   3. Photographs;
   4. Dates of occupancy; and
   5. Other information as determined by the Division of Arkansas Heritage that would be of value to visitors of Jerome and Rohwer.

History. Acts 2007, No. 1153, § 1; 2019, No. 910, §§ 5602, 5603.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b)(1) and (c)(5).

Preambles. Acts 2007, No. 1153, contained a preamble which read: “WHEREAS, on February 19, 1942, seventy-four (74) days after the Japanese attack on Pearl Harbor, President Franklin D. Roosevelt signed Executive Order 9066, which established military exclusion zones and enabled the federal government to force more than one hundred ten thousand (110,000) people of Japanese descent to sell all of their belongings, evacuate their homes with only what they could carry, and enter confinement at assembly centers; and

“WHEREAS, seventy percent (70%) of the people who were forced into assembly centers were American citizens of Japanese descent; and

“WHEREAS, while first confined in assembly centers, the people of Japanese descent were then moved by train to war relocation centers which were established by the War Relocation Authority (WRA); and

WHEREAS, most of the WRA centers were in California, Arizona, Idaho, Utah, and Colorado, but in the summer of 1942, two (2) war relocation centers emerged from the swamps and forests of southeast Arkansas, Jerome and Rohwer; and

“WHEREAS, Jerome and Rohwer were selected by the federal government for their geographic isolation and location near railroad tracks in southeast Arkansas; and

“WHEREAS, Jerome and Rohwer were the only WRA centers east of the Rocky Mountains and the WRA centers that were farthest east; and

“WHEREAS, Jerome and Rohwer housed approximately seventeen thousand (17,000) Japanese American inmates; and

‘WHEREAS, Jerome opened on October 6, 1942, and closed on June 30, 1944, at its peak population housed eight thousand four hundred ninety-seven (8,497) inmates, and has the distinction of being the last WRA center to open and the first one to close; and

“WHEREAS, Rohwer opened on September 18, 1942, and closed on November 30, 1945, and inmates assigned to Rohwer came from Hawaii; Los Angeles County, California; and San Joaquin County, California; and

“WHEREAS, Rohwer at its peak population housed eight thousand four hundred seventy-five (8,475) inmates; and

“WHEREAS, after the war, most of the physical traces of the WRA centers’ existence disappeared, and now oats, soybeans, winter wheat, and cotton grow where the Jerome Relocation Center and Rohwer Relocation Center once stood; and

“WHEREAS, the evidence of Jerome’s existence that remains today and that is visible from U.S. Highway 165 is a smokestack from the hospital complex, two concrete tanks from the wastewater disposal plant, and a former administration building that is visible from U.S. Highway 165; and

“WHEREAS, the evidence of Rohwer’s existence that remains today is a cemetery with two (2) cement monuments and twenty-four (24) graves placed in a formal landscape that the inmates designed and created; and

“WHEREAS, in 1992, Rohwer was recognized as a National Historic Landmark and opposite the cemetery sits two (2) contemporary granite monuments, one (1) that acknowledges the status as a National Historic Landmark and the other that acknowledges former inmate Sam Yada’s dedication to educating future generations about the Japanese American experience in World War II in Arkansas; and

“WHEREAS, hundreds if not thousands of Japanese American visitors make a pilgrimage to southeast Arkansas each year to see where their ancestors lived and where their grandparents were born; and

“WHEREAS, Rohwer and Jerome are areas of substantial historic interest to all Arkansans and contribute to the state’s overall economy by serving as recognized national tourist attractions to out-of-state visitors,

“NOW THEREFORE,”

Subchapter 2 — Old State House Commission

Effective Dates. Acts 1947, No. 256, § 5: approved Mar. 19, 1947. Emergency clause provided: “It is found and declared by the General Assembly that the historic sites, buildings and objects which are now marked for preservation by the state are subject to disintegration and casualty, with resulting irreparable loss, which can best be avoided through a commission having comprehensive and uniform jurisdiction, and that other historic sites, buildings and objects which are or may become worthy of preservation cannot be reasonably acquired for the purpose because of the absence of a commission charged with the duty of ascertaining their exceptional value; hence, this act, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage.”

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 2013, No. 717, § 2: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that under § 25-15-105, the authority of the Old State House Commission to charge certain fees currently collected by the commission will expire on July 1, 2013, and that this act is necessary to allow the commission to continue to collect the revenues it currently receives and to allow the commission to maintain its current level of operation. 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, 2013.”

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”.

13-7-201. Old State House Commission — Purpose and creation.

There is created and established at the seat of government the Old State House Commission for the purposes of:

1. Providing comprehensive and uniform jurisdiction over the sites, buildings, and objects, past and prospective, which will illustrate for all time the struggles and triumphs, the self-respectand pride, of the progenitors of Arkansas, and also of the present and succeeding generations when they shall themselves have become parts of its history;
2. Determining from time to time which of these sites, buildings, and objects in addition to those already made available to public enjoyment possesses exceptional commemorative value;
3. Protecting these sites, buildings, and objects against deterioration and casualty; and
4. Improving, beautifying, preserving, and rendering these sites convenient for appropriate use and public inspection.

History. Acts 1947, No. 256, § 1; A.S.A. 1947, § 8-201.

A.C.R.C. Notes. Acts 2001, No. 68, § 1, provided:

“(a) The Arkansas Commemorative Commission shall hereafter be known as the ‘Old State House Commission’.

“(b) The Arkansas Code Revision Commission shall make appropriate changes to sections of the Arkansas Code to substitute the ‘Old State House Commission’ for the ‘Arkansas Commemorative Commission’.

“(c) This section is not required to be codified by the Arkansas Code Revision Commission.”

Publisher's Notes. The Arkansas Commemorative Commission and its functions, powers, and duties were transferred to the Department of Parks and Tourism by a type 1 transfer pursuant to Acts 1971, No. 38, § 7. Subsequently, the Arkansas Commemorative Commission and its functions, powers, and duties were transferred by a type 1 transfer to the Department of Arkansas Heritage pursuant to Acts 1975, No. 1001, § 4.

13-7-202. Members — Appointment — Terms — Vacancies.

1. The Old State House Commission shall consist of nine (9) members. The commissioners shall be citizens of Arkansas, selected because of their knowledge of and interest in Arkansas history.
2. The commission members shall be appointed by the Governor, with two (2) members from the state at large, and one (1) member from each congressional district as now or hereafter created.
3. Upon his or her appointment, each member shall notify the Governor in writing of his or her acceptance thereof or the appointment shall be void, and the Governor shall again appoint, unless the appointee shall thus indicate acceptance within fifteen (15) days.
4. The term of office of each member appointed shall begin with the expiration of the term of his or her predecessor in office and shall each expire nine (9) years thereafter. Each member appointed shall continue to hold his or her office after the expiration of the term thereof until his or her successor shall have qualified.
5. Any vacancy arising in the membership otherwise than by the expiration of the term of office shall be filled by appointment by the Governor for the balance of the term of the membership which became vacant and until the qualification of a successor in regular course.
6. The Governor may, upon notice and hearing, remove any member for misconduct, neglect of duty, or other sufficient cause.
7. The members shall receive no compensation for their services, but they may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1947, No. 256, §§ 1, 2; A.S.A. 1947, §§ 8-201, 8-202; Acts 1997, No. 250, § 82.

Publisher's Notes. The terms of the members of the Arkansas Commemorative Commission are arranged so that one term expires every year.

Cross References. Effect of reduction of congressional districts on state boards and commissions, § 25-16-801.

13-7-203. Officers — Rules — Meetings — Reports.

1. The Governor shall designate one (1) of the members of the Old State House Commission to serve as its chair until the expiration of his or her term or at the pleasure of the Governor.
2. The commission shall select from its membership from time to time a vice chair and a secretary.
3. The commission shall adopt and may modify rules for the conduct of business and shall keep a record of its transactions, findings, and determinations, which record shall be public.
4. The rules shall provide for regular meetings and for special meetings at the call of the chair, or of the vice chair if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least five (5) members.
5. A quorum of the commission shall consist of not fewer than five (5) members present at any regular or special meeting, and a majority affirmative vote of the members so present shall be sufficient for the disposition of any business.
6. By the first Monday in September of each year, it shall be the duty of the commission to cause to be prepared and presented to the Secretary of the Department of Parks, Heritage, and Tourism a report showing the operation of the commission during the previous fiscal year and containing recommendations.

History. Acts 1947, No. 256, § 3; A.S.A. 1947, § 8-203; Acts 1951, No. 385, § 1; 2009, No. 558, § 1; 2019, No. 910, §§ 5604, 5605.

Amendments. The 2009 amendment, in (f), inserted “By the first Monday in September of each year,” substituted “during the previous fiscal year” for “since the date of its last previous report,” deleted the last sentence, which read: “This shall be done annually not later than the first Monday in December,” and made related changes.

The 2019 amendment deleted the second sentence in (b); and substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Governor” in (f).

13-7-204. Oaths — Penalty for violation — Effect of conviction.

1. Each member of the Old State House Commission shall, before entering upon his or her duties, file in the office of the Secretary of State, the oath provided by Arkansas Constitution, Article 19, § 20, and in addition that he or she will not be a party, directly or indirectly, to any action taken by the commission that may in any manner affect his or her private interests.
2. The violation of the oath shall constitute a misdemeanor punishable by fine in any amount not exceeding five hundred dollars ($500) or by imprisonment not exceeding one (1) year, or by both fine and imprisonment.
3. Conviction shall bar a person from continued membership and shall void any action of the commission in which he or she participated.

History. Acts 1947, No. 256, § 2; A.S.A. 1947, § 8-202.

13-7-205. Powers and duties.

The Old State House Commission shall:

1. Take over all records, files, books, and papers in the custody or control of persons with custody or control of sites, buildings, and objects which are marked for preservation for historical purposes in charge of the commission;
2. Secure, collate, and preserve drawings, plans, photographs, and other data of historic sites, buildings, and objects;
3. Make surveys of historic sites, buildings, and objects for the purpose of determining which possess value as illustrative of the history of the state;
4. Make diligent researches to obtain accurate historical facts and information relating to sites, buildings, and objects;
5. 1. Acquire in the name of the state sites, buildings, and objects of historical value by gift, purchase, or otherwise.
   2. However, no such property shall be acquired, or contract or agreement for the acquisition thereof made, which will obligate the state for the payment of the property, or the maintenance or improvement thereof after acquisition, in the absence of the appropriation of funds by the General Assembly for the purpose;
6. Restore, reconstruct, rehabilitate, preserve and maintain historic sites, buildings and objects, and the grounds and the approaches thereto;
7. Operate and manage historic sites, buildings, and objects for the benefit of the public, which authority shall include the power to charge reasonable visitation and rental fees and grant permits for the use of land or building space when necessary or desirable to accommodate the public, or to facilitate administration, or for other appropriate purposes;
8. Develop an educational program and service for the purpose of making available to the public facts and information pertaining to Arkansas historic sites, buildings, and objects and make reasonable charges for the dissemination of the facts or information;
9. 1. Perform any and all acts, and make and publicly post such rules not inconsistent with law as may be necessary and proper to carry out the provisions of this subchapter.
   2. The purpose of the rules shall be to carry into effect the commission's implied powers, to be ascertained from the express provisions of this subchapter.
   3. The rules shall be deposited with the Secretary of State and that official's receipt taken.
   4. Any person violating any of these rules shall be guilty of a misdemeanor, punishable by fine in any amount not exceeding five hundred dollars ($500) or by imprisonment not exceeding one (1) year, or by both fine and imprisonment; and
10. Receive administrative support and be provided all employees necessary to carry out the duties of the commission from the Department of Parks, Heritage, and Tourism.

History. Acts 1947, No. 256, § 4; 1963, No. 208, § 1; A.S.A. 1947, § 8-204; Acts 2013, No. 717, § 1; 2019, No. 910, § 5606.

Amendments. The 2013 amendment inserted “and rental” preceding “fees” in (7).

The 2019 amendment added (10).

13-7-206. Old State House.

1. 1. The Old State Capitol building and grounds, situated on West Markham Street between Ashley and Conway Streets, in the City of Little Rock, Pulaski County, Arkansas, shall be known and designated as the Old State House.
   2. Title to the property shall remain in the State of Arkansas.
2. The Old State House Commission shall have exclusive jurisdiction for the custody, care, restoration, and use of the Old State House, at all times preserving its architectural design.

History. Acts 1947, No. 256, § 4; 1963, No. 208, § 1; 1979, No. 614, § 1; A.S.A. 1947, § 8-204.

Subchapter 3 — Historic Arkansas Museum Commission

Effective Dates. Acts 1939, No. 388, § 7: approved Mar. 18, 1939. Emergency clause provided: “It is found that the buildings referred to in this act constitute one of the most important historic centers in the state, and that an allotment of Public Works Administration labor to aid in their restoration has been approved, but to secure it the restoration work will need to be started before June 1 this year; and it is further found that in their present condition of repair some of the said buildings have been ordered removed by the city, and that unless the work of restoring said buildings is started before June 1 of this year there is grave danger that some of said buildings, and the opportunity of acquiring the site and restoring this important historic center, will be lost; and it is found necessary, for the preservation of the public peace, health and safety, that this measure become effective without delay; and this act shall take effect and be in force on and after its passage.”

Acts 1967, No. 76, § 7: Feb. 13, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Territorial Capitol Restoration Commission is in dire immediate need of additional lands for the construction of additional facilities for the Territorial Restoration and that this act is immediately necessary to give the commission the authority to acquire said additional lands. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1989, No. 379, § 5: Mar. 7, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law regarding the composition of the Arkansas Territorial Capitol Restoration Commission is vague; that this Act is intended to make clear that the commission is composed of the people serving on the effective date of this Act and that their successors shall be selected by the remaining members of the commission; that surplus funds in the hands of the commission at the end of each fiscal year are cash funds and should not be deposited in the State Treasury; that this Act clarifies the law and should be given immediate effect in order to eliminate the confusion as soon as possible. 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 2013, No. 716, § 2: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that under § 25-15-105, the authority of the Historic Arkansas Museum Commission to charge certain fees currently collected by the commission will expire on July 1, 2013, and that this act is necessary to allow the commission to continue to collect the revenues it currently receives and to allow the commission to maintain its current level of operation. 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, 2013.”

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”.

13-7-301. Acquisition and restoration of property — Historic center.

1. The state shall acquire title to the east one-half (½) of Block 32 of the Original City of Little Rock, Arkansas, on which is situated:
   1. The building that was the last capitol building of the Territory of Arkansas, in which was adopted the first Constitution for the State of Arkansas;
   2. A building designed by the architect of the Old State Capitol;
   3. The building in which was published the second newspaper to be published west of the Mississippi River; and
   4. A historic building more than one hundred (100) years old.
2. The state shall restore the buildings to their original condition so far as possible and landscape the grounds surrounding them for the purpose of maintaining them as a historic center, interesting to the inhabitants of the state and to tourists who visit Arkansas.

History. Acts 1939, No. 388, § 1; A.S.A. 1947, § 8-101.

13-7-302. Commission created — Duties and powers.

1. The Historic Arkansas Museum Commission is established and shall have the following powers:
   1. To have charge of the work of restoring the old Arkansas Territorial Capitol and the other historic buildings on the land;
   2. To furnish the buildings with furniture appropriate to the period when they were occupied;
   3. To improve the appearance of the grounds surrounding them;
   4. To maintain a historic center to be known as the Historic Arkansas Museum; and
   5. To secure any additional funds and contributions of labor and material that they may be able to obtain for the project from any United States Government agency and from private subscriptions to assist in defraying the cost of restoration and to disburse in the restoration all the funds so received.
2. The commissioners shall have power to request the Department of Parks, Heritage, and Tourism to employ all architects and other employees necessary in carrying out restoration and in maintaining a historic center after restoration is accomplished.
3. All powers, duties, assets, and liabilities of the Arkansas Territorial Capitol Restoration Commission shall hereafter be powers, duties, assets, and liabilities of the Historic Arkansas Museum Commission.

History. Acts 1939, No. 388, §§ 2, 3; A.S.A. 1947, §§ 8-102, 8-103; Acts 2001, No. 69, § 1; 2019, No. 910, § 5607.

Publisher's Notes. The Arkansas Territorial Capitol Restoration Commission was transferred to the Department of Arkansas Heritage by Acts 1975, No. 1001, § 4.

Acts 1939, No. 388, § 2 provided in part that the commission would acquire the land specified in § 13-7-301 and have it deeded to the State of Arkansas for a price not exceeding $17,500.

Amendments. The 2001 amendment substituted “Historic Arkansas Museum Commission” for “Arkansas Territorial Capitol Restoration Commission” in the introductory language of (a); inserted “to be known as the Historic Arkansas Museum” in (a)(4); added (c); and made stylistic changes.

The 2019 amendment substituted “request the Department of Parks, Heritage, and Tourism to employ all” for “employ” in (b).

13-7-303. Members.

1. The Historic Arkansas Museum Commission shall be composed of not fewer than seven (7) nor more than eleven (11) members and vacancies on the commission shall be filled by the remaining members.
2. None of the commissioners shall receive any salary or other remuneration for their services.

History. Acts 1939, No. 388, § 3; A.S.A. 1947, § 8-103; Acts 1989, No. 379, § 1.

Publisher's Notes. Acts 1939, No. 388, § 2, in part, appointed certain individuals, by name, to serve as the initial members of the commission.

A.C.R.C. Notes. The operation of subsection (b) may be affected by the enactment of Acts 1995, No. 1211, codified as § 25-16-901 et seq., concerning mileage reimbursement for members of state boards and commissions.

13-7-304. Commission accounts.

The members of the Historic Arkansas Museum Commission shall keep strict account of all moneys received and disbursed by them and by their order and shall file a statement thereof annually with the Secretary of the Department of Finance and Administration, who shall properly check and audit the statement of account and the books of the commission.

History. Acts 1939, No. 388, § 4; A.S.A. 1947, § 8-104; Acts 2019, No. 910, § 3377.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

13-7-305. Admission fees — Disposition of revenues.

1. Before and after the restoration work on the Historic Arkansas Museum is completed, the Historic Arkansas Museum Commission may charge an admission fee thereto as it deems appropriate.
2. The commission may charge a facility rental fee as it deems appropriate.
3. The funds realized from admission fees, the sale of souvenirs, facility rental fees, and from other sources connected with the project shall be used for the maintenance of the Historic Arkansas Museum so far as necessary.
4. Any surplus funds from these sources of income that may be in the hands of the commission at the end of each fiscal year shall be deemed cash funds.

History. Acts 1939, No. 388, § 5; A.S.A. 1947, § 8-105; Acts 1989, No. 379, § 2; 2013, No. 716, § 1.

Amendments. The 2013 amendment inserted (b) and redesignated existing (b) and (c) accordingly; and inserted “facility rental fees” in present (c).

13-7-306. Acquisition of additional property — Restoration.

1. The Historic Arkansas Museum Commission is authorized to acquire for and in the name of the State of Arkansas, by purchase, gift, donation, or otherwise, the title to the west one-half (½) of Block 32 of the Original City of Little Rock, Arkansas, which adjoins the present property owned by the State of Arkansas upon which the buildings housing the Arkansas Territorial Capitol and other historic buildings and facilities are located.
2. The commission is authorized to acquire for and in the name of the State of Arkansas, by purchase, gift, donation, or otherwise, the title to property which is adjacent to Block 32 of the Original City of Little Rock, Arkansas.
3. The commission may use its property and make improvements thereon as it deems to be in the furtherance of the aims and purposes of the commission as prescribed by law.

History. Acts 1967, No. 76, § 1; A.S.A. 1947, § 8-106; Acts 2001, No. 69, § 2.

Amendments. The 2001 amendment substituted “Historic Arkansas Museum Commission” for “Arkansas Territorial Capitol Restoration Commission” in (a); inserted (b) and redesignated former (b) as (c); and, in (c), deleted “Upon acquiring title to the west one-half (½) of Block 32” from the beginning and substituted “use its property” for “use it for.”

13-7-307. Acceptance of gifts.

The Historic Arkansas Museum Commission is authorized to accept and receive any and all gifts, grants, donations, and contributions of real and personal property and to manage and use the property and the income therefrom for the construction, reconstruction, restoration, and maintenance of buildings or facilities and for other improvements on the property.

History. Acts 1967, No. 76, § 2; A.S.A. 1947, § 8-107; Acts 2001, No. 69, § 3.

Amendments. The 2001 amendment substituted “Historic Arkansas Museum Commission” for “Arkansas Territorial Capitol Restoration Commission”; and substituted “the property” for “Block 32 of the Original City of Little Rock, the Territorial Capitol Restoration Grounds” at the end.

13-7-308. Certificates of indebtedness — Restrictions — Liability.

1. 1. The Historic Arkansas Museum Commission is authorized to issue certificates of indebtedness for the purpose of obtaining funds for construction, reconstruction, and restoration of buildings and facilities, and for making other improvements, on Block 32 of the Original City of Little Rock.
   2. The commission may pledge the income derived from real or personal property received as a gift, grant, donation, or contribution as authorized in § 13-7-307 to secure such evidences of indebtedness.
2. Nothing in this section and §§ 13-7-306, 13-7-307, and 13-7-309 shall be construed to authorize the commission to pledge revenues derived from fees charged for admission to buildings and facilities located on Block 32 or from the sale of souvenirs therein, and these revenues shall continue to be used for the purposes provided in § 13-7-305.
3. Certificates of indebtedness issued pursuant to the authority granted in this section and §§ 13-7-306, 13-7-307, and 13-7-309 shall be obligations of the commission and shall in no event be considered a debt for which the faith and credit of the state or any of its revenues are pledged, nor shall the certificates be considered or deemed a debt of the individual members of the commission.

History. Acts 1967, No. 76, § 3; A.S.A. 1947, § 8-108.

13-7-309. Forms of certificates of indebtedness.

1. Certificates of indebtedness issued pursuant to the authority granted in this subchapter shall be in such form and denomination and shall have such dates of maturity and bear such interest rate or rates as the Historic Arkansas Museum Commission shall determine.
2. No certificates shall mature more than twenty (20) years from date of issue.
3. The certificates shall contain provision for their redemption in advance of their maturity at the option of the commission.

History. Acts 1967, No. 76, § 4; A.S.A. 1947, § 8-109.

Subchapter 4 — Prairie Grove Battlefield Commission

13-7-401 — 13-7-405. [Repealed.]

Publisher's Notes. This subchapter, concerning the Prairie Grove Battlefield Commission, was repealed by Acts 2019, No. 910, § 5608, effective July 1, 2019, and by Acts 2019, No. 1091, § 3, effective July 24, 2019. The subchapter was derived from the following sources:

13-7-401. Acts 1957, No. 197, §§ 1, 2; A.S.A. 1947, §§ 8-601, 8-602; Acts 2005, No. 1278, § 1.

13-7-402. Acts 1957, No. 197, § 3; A.S.A. 1947, § 8-603; Acts 1997, No. 250, § 83; 2005, No. 1278, § 1.

Former §§ 13-7-403 — 13-7-405 were repealed by Acts 2005, No. 1278, § 1. The sections were derived from the following sources:

13-7-403. Acts 1957, No. 197, § 4; A.S.A. 1947, § 8-604.

13-7-404. Acts 1957, No. 197, § 5; A.S.A. 1947, § 8-605.

13-7-405. Acts 1957, No. 197, § 6; A.S.A. 1947, § 8-606.

Subchapter 5 — Historic Preservation Loan Act

Effective Dates. Acts 1993, No. 156, § 11: Feb. 17, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that many historic properties are in dire need of restoration, rehabilitation, and repair; that in order to preserve these properties, public assistance is vital; that this act provides a program for such assistance; and that this act should go into effect immediately in order to implement the program as soon as possible and thereby preserve our historic structures. 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 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”.

13-7-501. Title.

This subchapter may be cited as the Historic Preservation Loan Act.

History. Acts 1993, No. 156, § 1.

13-7-502. Purpose.

The purpose of this subchapter is to provide owners of registered cultural properties in Arkansas with low-cost financial assistance in the restoration, rehabilitation, and repair of properties listed in the State Register of Historic Places or National Register of Historic Places, which are a part of the state's heritage and which contribute substantially to the state's economic well-being and to a sound and proper balance between preservation and development, through the creation of a self-sustaining revolving loan program to rehabilitate, repair, and restore historic properties.

History. Acts 1993, No. 156, § 2; 1995, No. 1296, § 44.

13-7-503. Definitions.

As used in this subchapter:

1. “Fund” means the Historic Preservation Revolving Loan Fund;
2. “Program” means the Arkansas Historic Preservation Program created by § 13-7-101 et seq.;
3. “Property owner” means the sole owner, joint owner, owner in partnership, or corporate owner of a registered cultural property, and includes the owner of a leasehold interest in a registered cultural property, if the term of the lease is not less than nineteen (19) years; and
4. “Registered cultural property” means any site, structure, building, or object entered in the State Register of Historic Places or National Register of Historic Places, or both.

History. Acts 1993, No. 156, § 3; 1995, No. 1296, § 45.

13-7-504. Fund created — Administration.

1. There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State, a revolving loan fund which shall be known as the “Historic Preservation Revolving Loan Fund”. The Arkansas Historic Preservation Program shall administer the Historic Preservation Revolving Loan Fund and may make loans from the Historic Preservation Revolving Loan Fund in accordance with this subchapter.
2. The program shall deposit into the Historic Preservation Revolving Loan Fund all receipts from the repayment of loans made pursuant to this subchapter.
3. The program may deposit into the Historic Preservation Revolving Loan Fund any private funds made available for the purposes of this subchapter and any federal funds made available for the purpose of making grants or loans to owners of registered historic properties. Such funds may be used by the program to make or to subsidize loans made pursuant to this subchapter.
4. The program may deposit into the Historic Preservation Revolving Loan Fund any portion of the real estate transfer taxes deemed appropriate by the program.
5. In the event the program ceases to make loans from the Historic Preservation Revolving Loan Fund, any moneys remaining in the Historic Preservation Revolving Loan Fund may be transferred to the Natural and Cultural Resources Historic Preservation Fund, as certified to the Chief Fiscal Officer of the State by the Division of Arkansas Heritage.

History. Acts 1993, No. 156, § 4; 2019, No. 910, § 5609.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (e).

13-7-505. Loan program — Duties of program.

1. The Arkansas Historic Preservation Program shall make direct loans or loan subsidies upon such terms and conditions as it deems appropriate to owners of registered cultural properties for the restoration, rehabilitation, or repair of those properties in accordance with this subchapter.
2. The program shall adopt rules to govern the application procedure and requirements for making or subsidizing loans under this subchapter.
3. The program shall adopt rules to govern the deposits with lending institutions for making or subsidizing loans under this subchapter.
4. 1. The program shall adopt a system for the priority ranking of historic preservation projects, both eligible and ineligible for federal funding assistance, for which loan or loan subsidy applications have been received by the program.
   2. The system shall be based on factors including geographic distribution of recipient projects, severity of deterioration of the registered property, the degree of architectural and construction detail in the loan application demonstrating the feasibility of the proposed restoration, rehabilitation, or repair of the registered cultural property, and availability of other funding for the project.
   3. All loans or loan subsidies from the Historic Preservation Revolving Loan Fund shall be granted pursuant to this system, and the system shall be reviewed annually by the program.
5. The program shall monitor the fund and shall prepare an annual report to the Governor and the General Assembly detailing the operations of the fund.
6. The program has the authority necessary and appropriate for the exercise of the powers and duties conferred by this subchapter.

History. Acts 1993, No. 156, § 5.

13-7-506. Loans — Criteria.

1. Loans or loan subsidies from the Historic Preservation Revolving Loan Fund shall be made only to property owners who:
   1. Agree to repay the loan and to maintain the registered cultural property as restored, rehabilitated, or repaired for a specified period, but in no case less than seven (7) years;
   2. Agree to maintain complete and proper financial records regarding the registered cultural property and to make these available to the Arkansas Historic Preservation Program on request;
   3. Agree to complete the proposed rehabilitation, repair, or restoration work on the registered cultural property within two (2) years from the date of project loan approval by the program; and
   4. Provide sufficient collateral security interest in the registered cultural property to the State of Arkansas in accordance with rules established by the program.
2. 1. A loan shall be made for a period not to exceed five (5) years with interest on the unpaid balance at a rate not greater than the yield at the time of loan approval on United States Treasury bills with a maturity of three hundred sixty-five (365) days plus three and one-half percent (3½%).
   2. A loan shall be repaid by the property owner in equal installments not less often than annually, with the first installment due within one (1) year of the date the loan is issued.
3. 1. Loans shall be made only for eligible costs.
   2. 1. Eligible costs include architectural, engineering, and planning costs, inspection of work in progress, contracted restoration, rehabilitation, and repair costs, and costs necessary to meet code requirements.
      2. Eligible costs shall not include costs of land acquisition, legal costs, or fiscal agents' fees.

History. Acts 1993, No. 156, § 6.

13-7-507. Donation or sale of property — Disposition of proceeds.

1. The Arkansas Historic Preservation Program may accept any property donated to it and may donate property or sell property to any person or entity and upon such terms as it deems in the best interest of the state.
2. The program may deposit the proceeds from the sale of property into a financial institution and use the proceeds for operating the program.

History. Acts 1993, No. 156, § 7.

Subchapter 1 — Arkansas State Arts Act of 1971

A.C.R.C. Notes. Acts 2003, No. 608, § 1, provided:

“The Office of Arkansas State Arts and Humanities is renamed the Arkansas Arts Council.”

Effective Dates. Acts 1971, No. 359, § 6: Mar. 22, 1971. Emergency clause provided: “It is hereby found that there is an immediate need to establish the Office of Arkansas State Arts and Humanities so as to ensure the state's participation in various programs designed to benefit its citizens of all ages and from every community; therefore an emergency is declared to exist and this act being necessary for the immediate preservation of the public health, peace and safety shall be in full force and effect from and after its passage and approval.”

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 2013, No. 715, § 2: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that under § 25-15-105, the authority of the Arkansas Arts Council to charge certain fees currently collected by the council will expire on July 1, 2013, and that this act is necessary to allow the council to continue to collect the revenues it currently receives and to allow the council to maintain its current level of operation. 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, 2013.”

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”.

13-8-101. Title.

This subchapter shall be known as the Arkansas State Arts Act of 1971.

History. Acts 1971, No. 359, § 1; A.S.A. 1947, § 6-1001; Acts 2003, No. 608, § 2.

Amendments. The 2003 amendment deleted “and Humanities” following “Arts.”

13-8-102. Definitions.

As used in this subchapter:

1. “Agency” means the Arkansas Arts Council established in this subchapter. The agency shall include the advisory council and the position of executive director as established in this subchapter;
2. “Arts” includes, but is not limited to:
   1. Instrumental and vocal music;
   2. Dance;
   3. Drama;
   4. Painting;
   5. Sculpture;
   6. Creative writing;
   7. Architectural and allied fields;
   8. Graphics;
   9. Folk art;
   10. Porcelain art;
   11. China painting;
   12. Craft art;
   13. Industrial design;
   14. Costume and fashion design;
   15. Motion pictures;
   16. Television;
   17. Radio;
   18. Tape and sound recordings; and
   19. The arts related to the presentation, performance, execution, and exhibition of such major art forms;
3. “Group” includes any state or other public agency and any nonprofit society, institution, organization, association, museum, or establishment in Arkansas, whether or not incorporated;
4. “Office” means the Arkansas Arts Council established in this subchapter. The office shall include the advisory council and the position of executive director as established in this subchapter;
5. “Production” means:
   1. A play, with or without music;
   2. A ballet;
   3. A dance or choral performance;
   4. A concert;
   5. A recital;
   6. An opera;
   7. An exhibition;
   8. A reading;
   9. A motion picture;
   10. Television;
   11. Radio;
   12. A tape or sound recording; and
   13. Any other activity involving the execution or rendition of the arts and meeting any standards approved by the agency; and
6. “Project” means:
   1. A program organized to carry out the purposes of this subchapter, including a program:
      1. To foster artistic creativity;
      2. To commission works of art;
      3. To create opportunities for individuals to develop artistic talents when carried on as a part of a program otherwise included in this definition; and
      4. To develop and enhance public knowledge and understanding of the arts and humanities; and
   2. “Project” also includes, when appropriate:
      1. The rental, purchase, renovation, or construction of a facility;
      2. The purchase or rental of land; and
      3. The acquisition of equipment, supplies, materials, and other personal property.

History. Acts 1971, No. 359, § 2; A.S.A. 1947, § 6-1002; Acts 1995, No. 1119, § 1; 2003, No. 608, § 3.

Amendments. The 2003 amendment deleted “unless the context otherwise requires” from the introductory language; inserted present (1); redesignated former (1) as present (2); deleted former (2); substituted “agency” for “office” in (3)(M); made stylistic changes in (4); substituted “subdivision (4)” for “definitions” in (4)(A)(iii); and deleted (6) and made related changes.

13-8-103. Establishment and composition.

1. There is established the Arkansas Arts Council under the laws of the State of Arkansas and under the jurisdiction and supervision of the Division of Arkansas Heritage.
2. 1. The Arkansas Arts Council shall consist of an advisory council and a director.
   2. The Advisory Council of the Arkansas Arts Council shall develop and implement a comprehensive statewide program for the support of the arts in Arkansas pursuant to this subchapter.
   3. The Director of the Arkansas Arts Council shall administer the provisions of this subchapter and the rules and orders established under this subchapter.

History. Acts 1971, No. 359, § 3; A.S.A. 1947, § 6-1003; Acts 2003, No. 608, § 4; 2005, No. 1962, § 54; 2019, No. 910, § 5610.

A.C.R.C. Notes. Acts 2003, No. 608, § 1, provided:

“The Office of Arkansas State Arts and Humanities is renamed the Arkansas Arts Council.”

Publisher's Notes. The Office of Arkansas State Arts and Humanities was transferred to the Department of Arkansas Heritage by Acts 1975, No. 1001, § 4.

Amendments. The 2003 amendment, in (a), substituted “Arkansas Arts Council” for “Office of Arkansas State Arts and Humanitites” and “agency” for “office”; redesignated former (b) as present (b)(1) through (b)(3); substituted “agency” for “office” in present (b)(1); deleted “and humanities” following “arts” in present (b)(2); and substituted “under this subchapter” for “thereunder” in present (b)(3).

The 2019 amendment, in (a), deleted “as a separate and distinct agency” following “Arkansas Arts Council”, and substituted “Division of Arkansas Heritage of the Department of Parks, Heritage, and Tourism” for “Department of Arkansas Heritage”; substituted “a director” for “an executive director” in (b)(1); and substituted “Director” for “Executive Director” in (b)(3).

13-8-104. Advisory council — Members.

1. 1. The Advisory Council of the Arkansas Arts Council shall consist of seventeen (17) members appointed by the Governor and selected by reason of their widely recognized knowledge and interest in the arts.
   2. Two (2) members shall be selected from each of the eight (8) planning and development districts of the State of Arkansas, and one (1) member shall be selected at large.
2. The term of office for each member shall be four (4) years beginning July 1 of the year of appointment until a successor has been appointed and qualified for the office.
3. A vacancy shall be filled for the remainder of the term only.
4. Members may be reappointed to consecutive terms of office.
5. The advisory council shall from time to time select from its membership a chair and a vice chair.
6. No member of the advisory council shall receive pay for his or her services, but members may receive expense reimbursement in accordance with § 25-16-902.

History. Acts 1971, No. 359, § 3; A.S.A. 1947, § 6-1003; Acts 1997, No. 250, § 84; 2003, No. 608, § 5.

Publisher's Notes. The terms of the members of the advisory council are arranged so that five terms expire every fourth year and four terms expire in each of the three intervening years.

Amendments. The 2003 amendment redesignated former (a) as present (a)(1) and (a)(2) and made related changes; in present (a)(1), substituted “Arkansas Arts Council” for “Office of Arkansas State Arts and Humanities” and deleted “and humanities” following “arts” at the end; made gender neutral changes in (e) and (f); and substituted “§ 25-16-902” for “§ 25-16-901 et seq.” in (f).

13-8-105. Director.

1. The Director of the Arkansas Arts Council shall:
   1. Be the ex officio secretary of the Advisory Council of the Arkansas Arts Council but shall have no vote on matters coming before the Arkansas Arts Council;
   2. Shall be an employee of the Department of Parks, Heritage, and Tourism; and
   3. Shall be employed by the Secretary of the Department of Parks, Heritage, and Tourism in consultation with the Arkansas Arts Council.
2. The director's salary and expenses of his or her office shall be fixed by the General Assembly within amounts available therefor by appropriation.
3. The Advisory Council of the Arkansas Arts Council by resolution duly adopted may delegate to the director any of the powers and duties vested in or imposed upon it by this subchapter, and the delegated powers and duties may be exercised by the director in the name of the Arkansas Arts Council.

History. Acts 1971, No. 359, § 3; A.S.A. 1947, § 6-1003; Acts 2003, No. 608, § 6; 2019, No. 910, § 5611.

Amendments. The 2003 amendment, in (a), substituted “Arkansas Arts Council” for “Office of Arkansas State Arts and Humanities” twice and substituted “shall be the ex officio” for “shall be appointed by the Governor. He shall be ex officio”; inserted “or her” in (b); substituted “agency” for “office” in (c); and made minor stylistic changes throughout.

The 2019 amendment substituted “Director” for “Executive director” in the section heading; rewrote (a); and deleted “executive” preceding “director” throughout the section.

13-8-106. Powers and duties.

1. 1. The Arkansas Arts Council shall be the official agency of the State of Arkansas for the development and coordination of a comprehensive statewide program for the arts.
   2. In general, but not by way of limitation, the Advisory Council of the Arkansas Arts Council shall have and exercise the following powers and duties:
      1. To advise the Secretary of the Department of Parks, Heritage, and Tourism and General Assembly on matters relating to the arts;
      2. To hold both public and private hearings for the purposes of furthering the objectives of this subchapter and to promulgate and adopt rules for the performance of its duties under this section;
      3. To enter into agreements for any purpose consistent with the objectives and purposes of this subchapter with:
         1. Other states or with the United States or any agency or instrumentality of the United States having duties or functions similar to the Arkansas Arts Council;
         2. Private associations or corporations;
         3. Private or public colleges or universities;
         4. Any public or private school; or
         5. Individual persons; and
      4. To do any and all other acts or things as may be deemed necessary and convenient by the Advisory Council of the Arkansas Arts Council to foster and promote the development of the arts in this state.
2. Through the Advisory Council of the Arkansas Arts Council, the Arkansas Arts Council shall establish and carry out a program of grants-in-aid to groups or, in appropriate cases, to individuals engaged in or concerned with the arts for the purpose of enabling them to provide or support in Arkansas, as follows:
   1. Productions that have substantial artistic and cultural significance, giving emphasis to creativity and the maintenance and encouragement of professional excellence;
   2. Projects that will encourage and assist artists and enable them to achieve standards of professional excellence; and
   3. Other relevant projects, including surveys, research, education, and planning in the arts.
3. 1. The Arkansas Arts Council shall be the sole and official agency of this state to receive any funds allocated and disbursed to the State of Arkansas by the United States or any agency or instrumentality thereof pursuant to the National Foundation on the Arts and Humanities Act of 1965, 20 U.S.C. § 951 et seq., as well as funds received for any program related to the arts and not expressly designated for some other state agency and to disburse the funds in accordance with the terms and conditions, if any, relating to the grants.
   2. The Director of the Arkansas Arts Council shall be the Governor's liaison officer to implement the National Foundation on the Arts and Humanities Act of 1965, 20 U.S.C. § 951 et seq.
   3. All programs of grants-in-aid as described in this section shall be administered by the director.
4. The Arkansas Arts Council shall be the sole and official agency of this state authorized to accept and receive, in addition to federal grants, any money and real and personal property donated, bequeathed, or devised for any purpose relating to the development and expansion of the arts and not expressly designated for some other state agency and to disburse and utilize those gifts for the purposes of this subchapter.
5. 1. The Arkansas Arts Council is authorized to establish and collect reasonable fees for, but not limited to:
      1. Advertising in newsletters;
      2. Requested mailing list labels; and
      3. Conference registration.
   2. The fees collected shall be deposited in a financial institution in this state and shall be used to support services that conform to the purposes of this subchapter.
6. The Arkansas Arts Council shall submit an annual report to the Secretary of the Department of Parks, Heritage, and Tourism as of June 30 of each year, summarizing the Arkansas Arts Council's activities, expenditures, and grants of money or property from all sources for the preceding year. This report shall include recommendations directed toward furthering the purposes of this subchapter as the Arkansas Arts Council deems appropriate.

History. Acts 1971, No. 359, § 4; 1985, No. 571, § 1; A.S.A. 1947, § 6-1004; Acts 2003, No. 608, § 7; 2013, No. 715, § 1; 2019, No. 910, §§ 5612-5614.

Amendments. The 2003 amendment inserted the present subdivision designations in (a); substituted “Arkansas Arts Council” for “Office of Arkansas State Arts and Humanities” in (a)(1), (a)(2) and (c)(2); deleted “and humanities” following “the arts” in (a)(1), (a)(2)(A), (a)(2)(D), (c)(1) and (d); inserted “education” in (b)(3); redesignated former (e) as present (e)(1) and (e)(2); and substituted “agency” for “office” throughout.

The 2013 amendment added designations for (e)(1)(A) and (e)(1)(B) and added (e)(1)(C).

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Governor” in (a)(1)(A) and (f); and substituted “director” for “executive director” in (c)(2) and (c)(3).

Subchapter 2 — Public Art Program

13-8-201 — 13-8-209. [Repealed.]

Publisher's Notes. This subchapter, concerning the Public Art Program, was repealed by Acts 2017, No. 720, § 4. The subchapter was derived from the following sources:

13-8-201. Acts 1985, No. 1079, § 1; A.S.A. 1947, § 6-1005.

13-8-202. Acts 1985, No. 1079, § 3; A.S.A. 1947, § 6-1007.

13-8-203. Acts 1985, No. 1079, § 2; A.S.A. 1947, § 6-1006.

13-8-204. Acts 1985, No. 1079, § 5; A.S.A. 1947, § 6-1009.

13-8-205. Acts 1985, No. 1079, § 6; A.S.A. 1947, § 6-1010; Acts 1997, No. 250, § 85; 2003, No. 364, §§ 1, 2.

13-8-206. Acts 1985, No. 1079, § 7; A.S.A. 1947, § 6-1011; Acts 1997, No. 250, § 86.

13-8-207. Acts 1985, No. 1079, § 3; A.S.A. 1947, § 6-1007; Acts 2007, No. 1273, § 1.

13-8-208. Acts 1985, No. 1079, § 4; A.S.A. 1947, § 6-1008.

13-8-209. Acts 1985, No. 1079, § 8; A.S.A. 1947, § 6-1012; Acts 2003, No. 364, § 3; 2015 (1st Ex. Sess.), No. 7, § 7; 2015 (1st Ex. Sess.), No. 8, § 7.

13-9-101 — 13-9-105. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Entertainers Hall of Fame Board, was repealed by Acts 2017, No. 776, § 3, effective January 1, 2018. The subchapter was derived from the following sources:

13-9-101. Acts 1985, No. 671, § 1; A.S.A. 1947, § 5-122; Acts 1987, No. 467, § 1; 1993, No. 703, § 1; 1997, No. 250, § 87; 1997, No. 255, § 4; 2001, No. 1288, § 5; 2005, No. 2103, § 35.

13-9-103. Acts 1985, No. 671, § 3; A.S.A. 1947, § 5-124; Acts 1987, No. 467, § 3; 1997, No. 255, § 5.

13-9-104. Acts 1985, No. 671, § 4; A.S.A. 1947, § 5-125; Acts 1997, No. 255, § 6.

13-9-105. Acts 1985, No. 671, § 5; A.S.A. 1947, § 5-126.

Former § 13-9-102, concerning office space and staff, was repealed by Acts 1997, No. 255, § 7. The section was derived from Acts 1985, No. 671, § 2; A.S.A. 1947, § 5-123; Acts 1987, No. 467, § 2.

13-10-101. Creation — Duties.

1. There is created the Arkansas Medal of Honor Commission.
2. The Arkansas Medal of Honor Commission shall be composed of:
   1. The Secretary of State, or his or her designee; and
   2. Four (4) commissioners appointed by the Governor.
3. The Arkansas Medal of Honor Commission shall:
   1. Meet as necessary to review and approve the names of Medal of Honor recipients submitted for possible inclusion on the Arkansas Medal of Honor Memorial;
   2. Provide the Secretary of State the names of Medal of Honor recipients that are to be added to the Arkansas Medal of Honor Memorial;
   3. Provide the Capitol Arts and Grounds Commission design and layout recommendations for the adding of Medal of Honor recipients' names to the Arkansas Medal of Honor Memorial; and
   4. Solicit, receive, and disburse funds necessary to accomplish the Arkansas Medal of Honor Commission's duties under this subsection.
4. State funding shall not be utilized to accomplish the purposes of this chapter.

History. Acts 2019, No. 926, § 2.

A.C.R.C. Notes. Acts 2019, No. 926, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Several Arkansans have been awarded the Medal of Honor and deserve recognition for their service to this country;

“(2) An Arkansas Medal of Honor Commission was created by Acts 1997, No. 1217, and Acts 1999, No. 564, authorized the construction and maintenance of a monument on the State Capitol grounds to honor Medal of Honor recipients from Arkansas;

“(3) The Arkansas Medal of Honor Commission was abolished by Acts 2001, No. 783;

“(4) A new Arkansas Medal of Honor Commission is necessary to solicit the funding for the design, construction, and dedication of additional plaques on the Arkansas Medal of Honor Memorial to honor new Medal of Honor recipients.”

13-11-101. Creation.

In order to honor the significant contributions of older Arkansans, there is now created the Senior Arkansans Hall of Fame.

History. Acts 1991, No. 1218, § 1.

13-11-102. Administration — Rules.

1. The Senior Arkansans Hall of Fame shall be administered by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in consultation with the House Committee on Aging, Children and Youth, Legislative and Military Affairs.
2. The division will promulgate rules to implement the hall of fame and to select candidates for inclusion.

History. Acts 1991, No. 1218, § 2; 2017, No. 913, § 39.

Amendments. The 2017 amendment, in (a), substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Aging and Adult Services” and “House Committee on Aging, Children and Youth, Legislative, and Military Affairs” for “Joint Interim Committee on Aging and Legislative Affairs”.

13-12-101. Creation.

There is created the Arkansas Foresters Hall of Fame to be housed in the Department of Forest Resources at the University of Arkansas at Monticello.

History. Acts 1995, No. 111, § 1.

13-12-102. Selection.

Persons to be inducted into the Arkansas Foresters Hall of Fame shall be selected by the Arkansas Division of the Society of American Foresters.

History. Acts 1995, No. 111, § 1.

13-12-103. Rules.

The Dean of the Department of Forest Resources at the University of Arkansas at Monticello shall promulgate such rules as are necessary to implement the provisions of this chapter.

History. Acts 1995, No. 111, § 1; 2019, No. 315, § 983.

Amendments. The 2019 amendment substituted “Rules” for “Regulations” in the section heading and in the text.

13-13-101. Arkansas Civil War Sesquicentennial Commission.

1. The Arkansas Civil War Sesquicentennial Commission is created to assist the Division of Arkansas Heritage in carrying out its duties and responsibilities as provided in this chapter.
2. The purpose of the commission is to:
   1. Promote a suitable statewide observance of the sesquicentennial of the Civil War;
   2. Cooperate and assist national, state, and local organizations with programs and activities suitable for the sesquicentennial observance;
   3. Assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of views of all people affected by the Civil War; and
   4. Provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational value.

History. Acts 2007, No. 635, § 1; 2019, No. 910, § 5615.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a).

13-13-102. Members.

1. The Arkansas Civil War Sesquicentennial Commission shall consist of fifteen (15) members. The members shall elect a chair from the membership every four (4) years.
2. 1. The Governor shall appoint four (4) members to serve four-year terms.
   2. The Speaker of the House of Representatives and the President Pro Tempore of the Senate each shall appoint two (2) members to serve four-year terms.
3. 1. These persons shall be residents of Arkansas who are recognized as being learned and interested in the history and the archeology of this state and who have demonstrated an interest in preserving the cultural resources of the state.
   2. These persons also shall have a background in:
      1. Arkansas history;
      2. African-American history; or
      3. Civil War history.
   3. 1. Persons initially appointed by the Governor shall serve two-year terms. Persons initially appointed by the Speaker of the House of Representatives shall serve three-year terms and persons initially appointed by the President Pro Tempore of the Senate shall serve four-year terms.
      2. Subsequent appointees shall serve four-year terms.
      3. Members may be reappointed.
   4. The remaining Arkansas Civil War Sesquicentennial Commission membership shall consist of the following persons or their designees:
      1. Director of the Division of Arkansas Heritage;
      2. Secretary of the Department of Parks, Heritage, and Tourism;
      3. Director of the Old State House Museum;
      4. President of the Arkansas Historical Association;
      5. Director of the Arkansas State Library;
      6. Chair of the Martin Luther King, Jr. Commission; and
      7. President of the Arkansas Civil War Heritage Trails Foundation.
   5. The following persons shall serve in an advisory capacity:
      1. Commander-in-Chief of the Sons of Confederate Veterans;
      2. President General of the United Daughters of the Confederacy;
      3. Superintendent of the Pea Ridge National Military Park; and
      4. Commander-in-Chief of the Sons of Union Veterans of the Civil War.
4. Members of the Arkansas Civil War Sesquicentennial Commission shall serve without pay but may receive reimbursement in accordance with § 25-16-902.

History. Acts 2007, No. 635, § 1; 2016 (3rd Ex. Sess.), No. 2, § 120; 2016 (3rd Ex. Sess.), No. 3, § 120; 2019, No. 910, § 5616.

A.C.R.C. Notes. 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.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (a), substituted “fifteen (15) members” for “sixteen (16) members” in the first sentence and “the membership” for “among the commission members” in the second sentence; and deleted former (c)(4)(C) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Director of the Division of Arkansas Heritage” for “Director of the Department of Arkansas Heritage” in (c)(4)(A); and substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Parks and Tourism” in (c)(4)(B).

13-13-103. Duties.

The Arkansas Civil War Sesquicentennial Commission shall have the following duties:

1. To plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War era and encourage the development of programs that ensure that the commemoration results in a positive legacy and has long-term public benefits;
2. To encourage interdisciplinary examination of the Civil War;
3. To facilitate Civil War-related activities throughout the state;
4. To encourage civic, historical, educational, economic, and other organizations across the state to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War;
5. To coordinate and facilitate the public distribution of scholarly research, publications, and interpretation of the Civil War; and
6. To provide technical assistance to local organizations and nonprofit organizations to further the commemoration of the sesquicentennial of the Civil War.

History. Acts 2007, No. 635, § 1.

13-13-104. Funding.

The General Assembly shall allocate sufficient funding to support the activities of the Arkansas Civil War Sesquicentennial Commission.

History. Acts 2007, No. 635, § 1.

13-13-105. Expiration of Arkansas Civil War Sesquicentennial Commission.

The Arkansas Civil War Sesquicentennial Commission shall cease to exist effective December 31, 2015.

History. Acts 2007, No. 635, § 1.

13-14-101. Short title.

This chapter shall be known and may be cited as the “Heritage Trails System Act”.

History. Acts 2009, No. 728, § 1.

13-14-102. Legislative intent.

The purpose of this chapter is to:

1. Provide for the increasing outdoor recreational needs of the State of Arkansas;
2. Promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas, and historic resources of the state; and
3. Recognize the valuable contributions that volunteers and private, nonprofit trail groups have made to the development and maintenance of historic trails by encouraging and assisting volunteer citizen involvement in the planning, development, maintenance, and management of trails.

History. Acts 2009, No. 728, § 1.

13-14-103. Arkansas heritage trails.

1. A heritage trail shall:
   1. 1. Be a trail or route established by historic use and shall be historically significant as a result of that historic use.
      2. A route shall not be required to exist as a discernible trail to qualify as a heritage trail, but its location shall be sufficiently known to permit evaluation of historical interest potential;
   2. 1. Accurately follow the historic route with some deviations as necessary to avoid difficult routing through subsequent development or to enhance the public's enjoyment of the heritage trail.
      2. Trail segments no longer possible to travel by trail due to subsequent development as motorized transportation routes may be designated and marked as segments that link to the historic trail;
   3. Be of state or national significance to Arkansas or American history, including without limitation trade, commerce, exploration, migration, settlement, or military campaigns;
   4. Have a far-reaching effect on broad patterns of American culture, including trails significant to the history of American Indians; and
   5. 1. Have significant potential for public recreational use or historical interest based on historical interpretation and appreciation, including roadless segments developed as historic trails and at historic sites associated with the trail.
      2. The presence of recreation potential unrelated to historic appreciation is not sufficient for designation as a heritage trail.
2. 1. A heritage trail shall follow as closely as possible and practicable the original trails or routes of travel of state historic significance.
   2. The purpose of a heritage trail is the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment.
3. A land-based or water-based component of an historic trail that is on state-owned land and meets the criteria for a heritage trail shall be included as a state-protected component of a heritage trail.
4. The Department of Parks, Heritage, and Tourism shall:
   1. Administer the provisions of this chapter; and
   2. Establish a uniform marker for the Arkansas heritage trails system.

History. Acts 2009, No. 728, § 1; 2019, No. 910, § 5617.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in the introductory language of (d).

13-14-104. Designation of heritage trails.

1. The General Assembly shall identify the trails or categories of trails that are part of the Arkansas heritage trails system.
2. The following are designated as heritage trails:
   1. Butterfield Stage Route, a bifurcated route from the Missouri state line near Pea Ridge, Arkansas, to the Oklahoma state line near Fort Smith and from Memphis to Fort Smith;
   2. The Southwest Trail from the Missouri border to the Texas border;
   3. American Indian removal routes designated by the Department of Parks, Heritage, and Tourism, including without limitation land and water routes for Cherokee, Choctaw, Muscogee (Creek), Chickasaw, and Seminole tribes; and
   4. Civil War troop movement routes designated by the department.

History. Acts 2009, No. 728, § 1; 2019, No. 910, § 5618.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b)(3).

13-14-105. Studies of prospective heritage trails.

1. The Department of Parks, Heritage, and Tourism, in consultation with the Arkansas State Archives, the Arkansas Historic Preservation Program, and the Arkansas Department of Transportation, shall conduct studies to determine the feasibility of designating additional trails as heritage trails.
2. Studies under this section shall include without limitation:
   1. The proposed route of the trail;
   2. The areas adjacent to the trail to be utilized for historic purposes;
   3. The characteristics making the trail worthy of designation as a state heritage trail and its historic significance;
   4. The current ownership status of the land and the current and potential use of the designated route;
   5. The plans for developing and maintaining the trail and the potential cost; and
   6. The anticipated impact of public outdoor recreation use on the preservation of the prospective heritage trail.
3. The following routes shall be studied by the Department of Parks, Heritage, and Tourism to determine the feasibility and desirability of designating other trails as heritage trails:
   1. The Line Road from Van Buren to Evansville;
   2. The Memphis to Little Rock Road;
   3. The Rock Roe Landing connection to the Memphis to Little Rock Road from where Rock Roe enters the White River to the Memphis to Little Rock Road;
   4. The Cadron to Arkansas Post Road;
   5. The Little Rock to Fort Smith Road section to Potts old place north of Potts Tavern;
   6. The Little Rock to Fort Smith and Fort Gibson section from Potts to Fort Smith crossing the Arkansas River at Dardanelle;
   7. The Upper Cut Road;
   8. The Little Rock to Washington Road;
   9. The Old Fort Towson Road from Washington to American Indian Territory;
   10. The Antoine to Fort Towson Road;
   11. The Ecore Fabre to Washington Route; and
   12. The Ecore Fabre to Point Chicot Road.

History. Acts 2009, No. 728, § 1; 2016 (3rd Ex. Sess.), No. 2, § 121; 2016 (3rd Ex. Sess.), No. 3, § 121; 2017, No. 707, § 23; 2019, No. 910, §§ 5619, 5620.

A.C.R.C. Notes. 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.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a) and the introductory language of (c).

Subchapter 1 — General Provisions

13-15-101. Title.

This chapter shall be known and may be cited as the “Arkansas Delta Music Trail Act”.

History. Acts 2019, No. 1066, § 1.

13-15-102. Definitions.

As used in this chapter:

1. “Art project” means a work of visual art, including without limitation a sculpture, mural, photographic rendering, mosaic, and electronic art installation, that is:
   1. Permanently installed in a space;
   2. Visible from public roadways and walkways without the payment of a required fee; and
   3. Installed within two (2) miles of a designated music highway;
2. “Designated music highway” means each of the following:
   1. Rock ‘n' Roll Highway 67, as designated in § 27-67-223;
   2. Louis Jordan Memorial Highway, as designated in § 27-67-227;
   3. Levon Helm Memorial Highway, as designated in § 27-67-227;
   4. Sister Rosetta Tharpe Memorial Highway, as designated in § 27-67-227;
   5. Americana Music Highway, as designated in § 27-67-227;
   6. Johnny Cash Memorial Highway, as designated in § 27-67-227; and
   7. Delta Rhythm & Bayous Highway, as designated in § 27-67-226;
3. “Person” means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity; and
4. 1. “Qualified expenses” means the costs and expenses incurred by a person to create and install an art project.
   2. “Qualified expenses” includes without limitation the cost of supplies necessary to create and install an art project and the cost of an artist's labor in creating the art project.
   3. “Qualified expenses” does not include costs or expenses related to building a structure that is not used exclusively to support or display an art project.

History. Acts 2019, No. 1066, § 1.

Subchapter 2 — Arkansas Delta Music Commission

13-15-201. Creation — Membership.

1. There is created the Arkansas Delta Music Commission within the Division of Arkansas Heritage.
2. The commission shall be composed of nine (9) members:
   1. The Director of the Division of Arkansas Heritage or his or her designee;
   2. The Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; and
   3. 1. 1. One (1) individual who shall be appointed from each region containing a designated music highway.
         2. The region for each designated music highway shall be composed of the counties through which the designated music highway runs.
      2. The Governor shall appoint the members of the commission under this subdivision (b)(3).
      3. 1. Four (4) of the members appointed under this subdivision (b)(3) shall have a background in the arts.
         2. The remaining three (3) members shall have a background in the arts, history, or tourism.
3. 1. The term of office of the initial members of the commission appointed under subdivision (b)(3) of this section shall be determined by lot as follows:
      1. The initial term of office of three (3) of the members shall be two (2) years; and
      2. The initial term of office of four (4) of the members shall be three (3) years.
   2. All successor members, other than those appointed to fill unexpired terms, shall serve two-year terms.
4. All vacancies in positions filled by members appointed under subdivision (b)(3) of this section shall be filled by appointment by the Governor and shall be for the remainder of the term.
5. Members of the commission shall serve without compensation for their service but may receive expense reimbursement in accordance with § 25-16-901 et seq.
6. The Division of Arkansas Heritage shall provide meeting space and staffing for the commission.

History. Acts 2019, No. 1066, § 1.

13-15-202. Meetings.

1. 1. The Arkansas Delta Music Commission shall meet as often as necessary to perform its duties under this chapter.
   2. The commission shall meet at least quarterly.
2. The Director of the Division of Arkansas Heritage shall call the first meeting of the commission.
3. 1. At the first meeting of the commission, the commission shall select a Chair of the Arkansas Delta Music Commission.
   2. The chair shall serve as chair for the period of time determined by the commission.
4. A quorum for each meeting of the commission shall be five (5) members.
5. A majority vote of the members present is required for the commission to take action.

History. Acts 2019, No. 1066, § 1.

13-15-203. Powers and duties.

1. The Arkansas Delta Music Commission shall:
   1. Develop, implement, and administer a tourism program based on art projects that focus on highlighting music stories and related dynamics on the designated music highways;
   2. Develop guidelines for the types of art projects that will be eligible for the tax incentives provided in this chapter and the process for applying for approval of qualified expenses for art projects under this chapter;
   3. Create a signage program that captures the stories, biographies, and points of interest in blues, rock and roll, jazz, rockabilly, soul, hip hop, opera, country, and gospel music throughout the Arkansas Delta;
   4. Maintain information about federal and state grant opportunities to encourage cities and towns to develop exhibits related to the musical heritage of the city or town; and
   5. Adopt rules necessary to implement the Arkansas Delta Music Trail Program created under this chapter, including without limitation rules stating:
      1. The procedure to apply for approval of qualified expenses; and
      2. The criteria to be used by the commission when determining whether to approve qualified expenses and issue a certificate of completion for an art project.
2. The commission may accept, receive, and use grants, moneys, equipment, material, services, and real and personal property donated, bequeathed, or devised for any purpose relating to the activities of the commission and not expressly designated for any other agency.

History. Acts 2019, No. 1066, § 1.

13-15-204. Biennial report.

1. The Arkansas Delta Music Commission shall submit a report by December 31 of each even-numbered year to the:
   1. Governor;
   2. Chair of the Senate Committee on Revenue and Taxation;
   3. Chair of the House Committee on Revenue and Taxation;
   4. Chair of the Senate Committee on Agriculture, Forestry, and Economic Development; and
   5. Chair of the House Committee on Agriculture, Forestry, and Economic Development.
2. The report required under subsection (a) of this section shall include:
   1. The commission's goals for increasing the number of art projects and signage over the next biennium;
   2. The economic development opportunities the commission will focus on over the next biennium;
   3. The qualified expenses approved under this chapter during the biennium for which the report is being made, including without limitation:
      1. The name of the person who applied for approval of qualified expenses for an art project;
      2. A description of the art project for which the qualified expenses were approved; and
      3. The location of the art project for which the qualified expenses were approved; and
   4. The benefits realized in terms of economic development as a result of the commission's actions and the tax incentives provided under this chapter.

History. Acts 2019, No. 1066, § 1.

Subchapter 3 — Arkansas Delta Music Trail Program

13-15-301. Creation.

1. The Arkansas Delta Music Commission shall establish and administer the Arkansas Delta Music Trail Program to:
   1. Create a tourism program based on art projects that focus on highlighting music stories and related dynamics on the designated music highways;
   2. Provide tax incentives to eligible persons for the creation and installation of an art project under this chapter; and
   3. Create a signage program that captures the stories, biographies, and points of interest in blues, rock and roll, jazz, rockabilly, soul, hip hop, opera, country, and gospel music throughout the Delta region of Arkansas.
2. The Division of Arkansas Heritage and the Department of Parks, Heritage, and Tourism shall provide assistance to the commission in establishing and administering the program.

History. Acts 2019, No. 1066, § 1.

13-15-302. Income tax credit for approved art project.

1. There is allowed an income tax credit against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., in an amount equal to the lesser of one hundred percent (100%) of the total qualified expenses stated in a certificate of completion issued by the Arkansas Delta Music Commission under § 13-15-303 or twenty-five thousand dollars ($25,000).
2. The amount of the income tax credit under this section that may be claimed by the taxpayer in a tax year shall not exceed the amount of income tax due by the taxpayer.
3. Any unused income tax credit under this section may be carried forward for five (5) consecutive tax years following the tax year in which the income tax credit was earned.

History. Acts 2019, No. 1066, § 1.

13-15-303. Application for approval of qualified expenses — Certificate of completion.

1. A person may apply to the Arkansas Delta Music Commission for approval of qualified expenses for the purpose of claiming the income tax credit allowed under § 13-15-302.
2. An application for approval of qualified expenses shall:
   1. Be for an art project that will:
      1. Stimulate regional tourism;
      2. Enhance local community development efforts;
      3. Create opportunities for Arkansas artists to showcase their work;
      4. Enhance the community where the art project will be located; and
      5. Promote awareness and encourage the enjoyment of the stories, biographies, and points of interest in blues, rock and roll, country, and gospel music throughout the Arkansas Delta;
   2. Be in the form prescribed by the commission; and
   3. Indicate the amount of qualified expenses the applicant expects to incur.
3. 1. The commission shall not approve qualified expenses exceeding two hundred fifty thousand dollars ($250,000) in any one (1) calendar year.
   2. 1. The total amount of qualified expenses that may be approved under this subsection shall be divided among the designated music highways in proportion to each designated music highway's length as compared to the total length of all of the designated music highways.
      2. If the commission does not approve qualified expenses under this section that are equal to the amount of funds allocated to a designated music highway under subdivision (c)(2) of this section, the commission may reallocate the funds to another designated music highway to fund one (1) or more additional art projects.
   3. 1. The approval of qualified expenses under this section is contingent on the appropriation and availability of funding for the Arkansas Delta Music Trail Program.
      2. The commission shall not solicit or accept applications for the program if funds for the program are not available.
4. At least one-third (1/3) of art projects for which qualified expenses are approved under this section shall be visible from a designated music highway.
5. 1. Upon completion of an art project, the owner shall submit documentation required by the commission to verify that the completed art project complies with the requirements of this chapter.
   2. If the commission determines that an art project is complete and complies with the requirements of this chapter, the commission shall issue a certification of completion specifying the total amount of qualified expenses and the income tax credit allowed under this subchapter.

History. Acts 2019, No. 1066, § 1.

13-15-304. Highway signage.

1. The Arkansas Department of Transportation shall erect appropriate signs along each of the designated music highways, including without limitation a sign at or near each of the art projects that has been issued a certificate of completion under § 13-15-303.
2. If the Arkansas Department of Transportation does not have the funds available to erect the signs required under subsection (a) of this section, the Arkansas Department of Transportation may accept and use gifts, grants, and donations received from private, public, and nonprofit sources, including without limitation a city street department or a county road department for:
   1. Acquiring and installing the signs required under subsection (a) of this section; and
   2. Maintaining, replacing, or reconstructing the signs required under subsection (a) of this section.

History. Acts 2019, No. 1066, § 1.