arcode

A.C.R.C. Notes. As to Commission for Arkansas' Future, see Acts 1989, No. 810, as amended by Acts 1993, No. 488.

Publisher's Notes. Acts 1999, No. 1140, §§ 1-4, authorizes the Arkansas Code Revision Commission to make certain name changes affecting the Department of Education, the State Baord of Education, the Department of Workforce Education, the State Board of Workforce Education and Career Opportunities, and the Arkansas Higher Education Coordinating Board, and for other purposes.

Effective Dates. Acts 1999, No. 1140, § 9: Apr. 6, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the name changes contemplated by this act should be made and published at the earliest possible date in order to avoid confusion in the law among the members of the bar and the citizens of Arkansas. 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.”

Chapter 1 General Provisions

Cross References. Immunity from tort liability, § 16-120-101 et seq.

Effective Dates. Acts 1999, No. 1222, § 21: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that it is essential to the effective and efficient administration of the Child Care Licensing program that the responsibility for reviewing appeals be placed in the Child Care Appeal Review Panel under the Department of Human Services, as soon as possible and that this act is designed to accomplish this purpose and should be given effect immediately. 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 of 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.”

Subchapter 1 — General Provisions

A.C.R.C. Notes. Due to the enactment of subchapters 2 and 3 by Acts 1999, Nos. 1276 and 1414, the existing provisions of this chapter have been designated as subchapter 1.

Cross References. Immunity from tort liability, § 16-120-101 et seq.

Effective Dates. Acts 1961, No. 487, § 4: Jan. 1, 1962.

Acts 1987, No. 895, § 3: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that such access is needed by State agencies to properly and efficiently perform their duties and to access and limit the potential liability of the State of Arkansas. 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 1989 (1st Ex. Sess.), No. 247, § 26: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1997, No. 181, § 5: February 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law requiring annual mission statements and activity statements by state boards and commissions does not specify the timeframe within which such reports must be filed; this act so provides; and that until this act becomes effective, confusion will exist as to when those filings are required. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1428, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second 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, 1999 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, 1999 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, 1999.”

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

Acts 2001, No. 1786, § 5: Apr. 19, 2001. Emergency clause provided: “It is found and determined by the Eighty-third General Assembly that immediate clarification is needed with regard to the authority to administer funds provided to the State of Arkansas under the federal Victims of Crime Act, the Violence Against Women Act, and the Family Violence Prevention and Services Act; and that this act, in order to comply with federal law, removes state legislative restrictions on the administration of such funds where the federal government has previously enacted legislation or regulations governing the authority to administer these funds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 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”.

25-1-101. Emergency relocation of seat of government.

1. Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location.
2. The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.
During such time as the seat of government remains at the emergency temporary location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at the emergency temporary location as if performed at the normal location of the seat of government.
The provisions of this section shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.

History. Acts 1961, No. 487, §§ 1-3; A.S.A. 1947, §§ 5-112 — 5-114.

Cross References. Emergency seat of local government, § 14-14-308.

25-1-102. [Repealed.]

Publisher's Notes. This section, concerning state agency smoking policies, was repealed by Acts 2013, No. 1276, § 1. The section was derived from Acts 1987, No. 462, §§ 1, 2.

25-1-103. Records related to third-party liability for services provided by state.

Records prepared by or in the possession of entities having potential liability for payment for services provided by or paid for in whole or part by an agency of the State of Arkansas shall be made available for inspection, review, audit, and other purposes of representatives of the State of Arkansas and its designee. This section applies to, but is not limited to, records of private health insurance carriers.

History. Acts 1987, No. 895, § 1.

25-1-104. Access of Department of Finance and Administration to agency records.

The Revenue Division, the Division of Workforce Services, the University of Arkansas at Little Rock, the University of Arkansas at Fayetteville, the Arkansas Economic Development Commission, and any other state agency, board, commission, department, institution, college, university, or authority shall make data, information, statistics, or other records of information available to the Department of Finance and Administration. Provided, however, that such information and records shall not identify persons, people, conglomerates, corporations, monopolies, or others that would from any published data or data within the possession of the office of the Secretary of the Department of Finance and Administration reveal the identity or any information or data of that particular identity that would be in conflict with federal laws.

History. Acts 1989 (1st Ex. Sess.), No. 247, § 20; 1997, No. 540, § 47; 2019, No. 910, § 3563.

A.C.R.C. Notes. Former § 25-1-104, concerning access of Department of Finance and Administration to agency records, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 1051, § 22.

Amendments. The 2019 amendment substituted “Division of Workforce Services” for “Department of Workforce Services” near the beginning of the first sentence and substituted “Secretary” for “Director” in the last sentence.

25-1-105. [Repealed.]

Publisher's Notes. This section, concerning annual reports, was repealed in its entirety by Acts 2001, No. 221, § 6. The section was derived from Acts 1995, No. 1123, § 1; 1997, No. 181, § 1; 1999, No. 1164, § 182; 1999, No. 1222, § 16; 1999, No. 1323, §§ 50-52; 2001, No. 1800, § 18.

This section's repeal by Acts 2001, No. 221, § 6, was deemed by the Arkansas Code Revision Commission to supersede the amendments of this section by Acts 2001, No. 537, § 3; 2001, No. 783, § 6; 2001, No. 1185, § 4; and 2001, No. 1800, § 18. See §§ 1-2-207 and 1-2-303.

25-1-106. Evaluation of necessity of various commissions and boards.

Any part-time state board or commission that has not convened a meeting or has convened without a quorum for two (2) consecutive, regularly scheduled meeting dates within a two-year period shall vote to elect a new chair and vice chair.
1. If a part-time state board or commission has not convened a regularly scheduled meeting or has convened without a quorum for four (4) consecutive, regularly scheduled meeting dates within a two-year period, the Joint Performance Review Committee shall reevaluate the purpose, need, and effectiveness of the board or commission.
2. The Joint Performance Review Committee shall report its findings and any recommendations concerning the existence of the board or commission to the Legislative Council no later than December 1 of each even-numbered year and shall draft legislation to implement the recommendations.
No later than August 1 of each even-numbered year, each part-time board and commission shall provide the Joint Performance Review Committee with a list of the regularly scheduled meeting dates for the board or commission for the previous two (2) fiscal years, including the attendance record of each member and the number of meetings that were convened.

History. Acts 1997, No. 1205, § 1; 1999, No. 1308, § 1; 2003, No. 1335, § 1.

25-1-107. Guidelines for advisory bodies.

Where advisory bodies are specified by state or federal legislation or guidelines to act in conjunction with the entity or organization designated to administer funds of the Victims of Crime Act, 42 U.S.C. §§ 10601 — 10605, the STOP Violence Against Women Act, 42 U.S.C. § 13701, and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., the duties and protocol of those advisory bodies, as well as responsibilities of the state administrative agency, shall include, but not be limited to, the following:
1. After providing the opportunity for review and advice by the advisory bodies, the state administrative agency shall:
  1. Establish a proposal activity calendar one hundred eighty (180) days prior to the start of the upcoming funding cycle;
  2. 1. Establish procedures and dates for review of subgrant funding applications for each funding cycle.
    2. The state administrative agency shall provide copies of subgrant applications submitted for review to the chairperson of each relevant advisory body;
  3. Establish, consistent with federal law, subgrant application forms;
  4. Establish deadlines for receiving subgrant applications;
  5. Establish dates of subgrant application technical assistance training sessions;
  6. Establish subgrant applicant appeal process procedures; and
  7. Develop a statewide victim service needs assessment and strategic plan for Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds pursuant to applicable federal program guidelines; and
2. The state administrative agency shall meet with the relevant advisory bodies no later than thirty (30) days prior to the scheduled date of mailing of application forms for the purpose of providing an opportunity for review of the content of the application forms. The state administrative agency shall provide drafts of all necessary subgrant application forms to the chairperson of the relevant advisory boards prior to such a meeting.
The state administrative agency shall make available to members of the advisory bodies, upon request, copies of current federal and state law and guidelines concerning the relevant Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act programs, including any formal interpretations of such law and guidelines by the state administrative agency.
Any copies of forms, laws, guidelines, or interpretations required to be furnished by the state administrative agency must be made available on computer diskette or other requested electronic media if the requested item is feasibly able to be produced in the requested manner.
The state administrative agency shall provide quarterly reports concerning subgrantee and administrative financial activity to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the reports.
Within one hundred twenty (120) days following the start of a subgrant funding cycle, the state administrative agency shall meet with focus groups made up of those programs that or individuals who applied for funds through the Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act grant programs in the most recent funding cycle. These meetings are for the purpose of evaluating the effectiveness and responsiveness of the application, application review, and funding recommendation process in order to maintain the integrity of those processes. The state administrative agency shall provide reports of these meetings to the Governor and to the chairperson of each advisory body within ten (10) working days of the completion of the meetings.

History. Acts 1999, No. 1428, § 27; 2001, No. 1786, § 4.

25-1-108. Report.

For purposes of this section, “state agency” means every department, division, office, board, commission, and institution of this state, excluding state-supported institutions of higher education.
Every state agency that receives grants in excess of twenty-five thousand dollars ($25,000) from any source shall report to the Legislative Council within forty-five (45) calendar days after receipt of a grant.
The report shall include:
1. The amount of the grant;
2. The purpose of the grant;
3. The source of the grant;
4. Conditions of the grant; and
5. Any other information requested by the Legislative Council.
All state-supported institutions of higher education shall continue to report grants to the Department of Finance and Administration quarterly on forms prescribed by the department, and the department shall upon receipt thereof file the reports with the Legislative Council.

History. Acts 2001, No. 319, § 1.

25-1-109. Televised public service announcements.

All state agencies that make televised public service announcements shall ensure that those announcements are either closed-captioned or open-captioned.

History. Acts 2001, No. 813, § 1.

25-1-110. Cost-effectiveness of state-owned vehicles.

Each agency shall ensure that the purchase and continued ownership of state-owned vehicles is cost effective for the agency.
1. Each agency shall determine if the purchase or continued ownership of a vehicle is cost effective based upon a comparison between state vehicle ownership and private car mileage reimbursement break-even points, as established pursuant to rules promulgated by the Department of Finance and Administration.
2. The comparison shall be based upon the previous year's use of the state-owned vehicle.
On June 1 of every year, each agency shall provide the department a report including:
1. The number of agency vehicles;
2. The mileage used on the agency vehicles;
3. Any private car mileage reimbursements; and
4. Justification for retention of all vehicles identified as under-utilized.
By September 1 of each year, the department shall provide each agency and the Legislative Council with recommendations concerning the continued ownership of state-owned vehicles by each agency.
The provisions of this section do not apply to institutions of higher education and vocational technical institutes.

History. Acts 2001, No. 1711, § 1; 2009, No. 1405, § 49; 2015, No. 218, § 26; 2019, No. 315, § 2905.

Amendments. The 2009 amendment inserted “the Arkansas Lottery Commission” in (e) and made a related change.

The 2015 amendment deleted “the Arkansas Lottery Commission” in (e).

The 2019 amendment substituted “rules” for “regulations” in (b)(1).

25-1-111. Designation — Grant Advisory Board — Definition.

The Governor shall have the authority to designate the state agency responsible for the administration and disbursement of funds received by the State of Arkansas under the Victims of Crime Act, 42 U.S.C. §§ 10601 — 10605, the STOP Violence Against Women Act, 42 U.S.C. § 13701, and the Family Violence Prevention and Services Act, 42 U.S.C. § 10401 et seq., in the manner authorized by federal law.
The state agency designated by the Governor under this section shall not disburse Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds without providing an opportunity for subgrantee qualification selection assistance and programmatic support by the Arkansas Child Abuse/Rape/Domestic Violence Commission and the Grant Advisory Board.
1. The Grant Advisory Board is established under this section to assist potential beneficiaries of Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds by:
  1. 1. Providing review and advice concerning grant processes and grant funding.
    2. If a member of the Grant Advisory Board has a financial interest in an organization seeking grant funding under subdivision (c)(1)(A)(i) of this section, the member may participate in discussion regarding the award of the grant, but the member shall not vote on the matter;
  2. Hearing grievances from the beneficiaries of those funds; and
  3. After Grant Advisory Board review, requiring the state agency to provide timely notification to the Grant Advisory Board of any revisions to existing rules and any proposed rules to be promulgated, within federal guidelines, by the state agency designated by the Governor under this section, concerning Victims of Crime Act, STOP Violence Against Women Act, or Family Violence Prevention and Services Act funds, and any applicable policies and procedures.
2. The Grant Advisory Board shall consist of:
  1. Two (2) representatives selected by the Arkansas Coalition Against Sexual Assault;
  2. Two (2) representatives selected by the Arkansas Coalition Against Domestic Violence;
  3. Two (2) representatives selected by the Arkansas State CASA Association;
  4. Two (2) representatives selected by the Prosecution Coordination Commission;
  5. One (1) representative selected by the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; and
  6. One (1) representative each from any other advisory body determined to be necessary by the state administrative agency, including without limitation, the elderly, non-English-speaking residents, disabled persons, members of racial or ethnic minorities, and residents of rural or remote areas.
The state agency designated by the Governor under this section shall not disburse Victims of Crime Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
1. The state agency designated by the Governor under this section shall not disburse funds under the law enforcement, prosecution, and judiciary percentages of the STOP Violence Against Women Act, without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
2. The state agency designated by the Governor under this section shall not disburse funds under the victims services and discretionary percentages of the STOP Violence Against Women Act without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
The state agency designated by the Governor under this section shall not disburse Family Violence Prevention and Services Act funds without providing an opportunity for review of and advice concerning grant processes and grant funding by the Grant Advisory Board.
The state agency designated by the Governor under this section shall, after the review and recommendations of the Grant Advisory Board, promulgate rules consistent with federal law setting forth the policies and procedures for the administration and disbursement of Victims of Crime Act, STOP Violence Against Women Act, and Family Violence Prevention and Services Act funds, including policies and procedures for the participation and assistance of advisory bodies established to assist potential beneficiaries of those funds.
1. As used in this section, “review” means an analysis, evaluation, assessment, appraisal, inquiry, inspection, or a study.
2. “Review” does not mean the authority utilized by the General Assembly in its analysis of proposed rules or appropriations.

History. Acts 2001, No. 1786, § 1; 2017, No. 777, § 1.

Amendments. The 2017 amendment substituted “the Grant Advisory Board” for “and other advisory bodies established to assist potential beneficiaries of those funds” at the end of (b); inserted (c) and redesignated the remaining subsections accordingly; rewrote (d) through (f); in (g), inserted “after the review and recommendations of the Grant Advisory Board” and deleted “and regulations” following “rules”; and added (h).

U.S. Code. 42 U.S.C. §§ 10601—10605, referred to in subsection (a) of this section, are now codified as 34 U.S.C. § 20101 et seq.

The STOP Violence Against Women Act, referred to in this section, may refer to the Violence Against Women Act of 1994, which was passed as title IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, and is codified in various sections of the U.S. Code. Concerning grants related to violent crimes against women, see 34 U.S.C. § 10441 et seq., 34 U.S.C. § 12291 et seq.

25-1-112. Sexual offenses screened in criminal background checks.

Whenever a criminal background check is performed on a person under the provisions of any criminal background check requirement contained in this Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that the person committed a violation of any sexual offense formerly proscribed under §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 5-14-127, that is substantially equivalent to any sexual offense presently listed in §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 5-14-127, and is an offense screened for in a criminal background check.

History. Acts 2003, No. 1393, § 1.

25-1-113. Processing of requests for payments submitted to state agencies.

As used in this section, “state agency” means any department, agency, board, commission, office, or other authority of the state.
A state agency that receives a properly prepared request for payment from a city or county owed payment for services or goods purchased by the state agency has twenty (20) working days to process the payment request, excluding time required for transmittal from one (1) person to another, if:
1. The request for payment conforms with the provisions of the contract award and the laws of the State of Arkansas; and
2. Funds are available.
If a state agency contests the payment, then within the time specified for processing payment it shall notify the city or county that submitted the request:
1. That the payment has been contested; and
2. The reasons for the request's being contested.
The Chief Fiscal Officer of the State shall establish procedures for monitoring payments to cities and counties by state agencies.

History. Acts 2003, No. 1710, § 1.

25-1-114. Incorporation of machine-readable privacy policies into websites.

Each unit of state and local government and each state agency that operates or maintains a website shall incorporate a machine-readable privacy policy into each of its websites no later than July 1, 2004.
The privacy policy statement shall be published on the state's website, local government's website, or state agency's website and for each statement shall include:
1. A description of the data the unit of government or agency collects on its website and how the data will be used by the unit of government or agency;
2. The type of data and the purposes for which data are shared with other entities;
3. Whether the unit of government's or agency's data collecting and sharing practices are mandatory or allow a browser to opt in or opt out of those practices;
4. An explanation that certain information collected by the governmental unit or agency is subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;
5. A link to or instructions for locating the website's policy reference file, which shall identify the uniform resource locator for the website's policy statements and shall indicate those portions of the website and the website's “cookies” that are covered by each statement; and
6. A link to the website's human-readable privacy policy.

History. Acts 2003, No. 1713, § 1.

25-1-115. Contact information on state agency documents.

The purpose of this section is to require each state agency to include a telephone number for inquiries or comments and, to the extent practicable, the name of a contact person on any communication, form, notice, announcement, publication, or other similar document from the state agency.
This section shall not apply to communications, forms, notices, announcements, publications, or other similar documents in existence on August 12, 2005, but shall apply to such documents as they are created, revised, and reordered after August 12, 2005.

History. Acts 2005, No. 2263, § 1.

25-1-116. State agency personal computer policy.

As used in this section, “state agency” means any department, agency, board, commission, office, or other authority of the state.
The chief administrative officer of each state agency shall promulgate a policy that prohibits the integration of hardware, software, or peripherals owned by an authorized user with a state agency's network or workstation without the approval of the state agency's chief administrative officer or his or her designee.

History. Acts 2007, No. 339, § 1.

25-1-117. Demographic data report.

A state agency, board, or commission that licenses or otherwise regulates a health profession shall procure demographic data regarding the health care workforce in this state, including without limitation:
1. The Arkansas Board of Podiatric Medicine;
2. The Arkansas Psychology Board;
3. The Arkansas Social Work Licensing Board;
4. The Arkansas State Board of Dental Examiners;
5. The Arkansas State Medical Board;
6. The Arkansas State Board of Pharmacy;
7. The Board of Examiners in Speech-Language Pathology and Audiology; and
8. The State Board of Optometry.
Each state agency, board, or commission required to procure data under this section shall procure accurate and efficient collection of data, demographic, and other information by defining the following categories on licensure applications, including without limitation:
1. Age;
2. City and county of residence;
3. Educational institution of professional education and training;
4. Ethnicity;
5. Gender;
6. Place of birth; and
7. Race.
Each state agency, board, or commission required to procure data under this section shall report the data on or before August 31 each year to:
1. The Arkansas Center for Health Improvement;
2. The Arkansas Minority Health Commission; and
3. The Department of Health.
If collected via licensure applications or through other means, each state agency, board, or commission listed in subsection (a) of this section shall report the following information in accordance with subsection (c) of this section:
1. Licensee name;
2. Licensure number;
3. Licensure status;
4. Original date of full licensure in Arkansas;
5. National Provider Identifier;
6. Location of practice, including zip code, city, and county of practice; and
7. Any specialty designation and board certifications.

History. Acts 2009, No. 1489, § 1; 2017, No. 970, § 1.

Amendments. The 2017 amendment added (d).

25-1-118. Electronic filing of reports.

As used in this section:
1. “Entity of the state” means:
  1. A state agency;
  2. The Governor;
  3. The Lieutenant Governor;
  4. The Attorney General;
  5. The Secretary of State;
  6. The Auditor of State;
  7. The Treasurer of State;
  8. The Commissioner of State Lands;
  9. The General Assembly; and
  10. A committee or subcommittee of the General Assembly, including without limitation the Legislative Council; and
2. “State agency” means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education.
A state agency required by Arkansas law to file a report, including without limitation a written report, with an entity of the state shall:
1. File the report in electronic form; and
2. 1. Post the report on its Internet website, if applicable.
  2. This subdivision shall not apply if information within the report is protected from public disclosure by state or federal law.

History. Acts 2011, No. 742, § 1.

25-1-119. Services and studies concerning mortality disparities — Definition.

1. As used in this section, “Arkansas red counties” means those counties in which Arkansans who were born and are living have a life expectancy rate six (6) to ten (10) times less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy.
2. “Arkansas red counties” includes on July 27, 2011:
  1. Arkansas;
  2. Chicot;
  3. Crittenden;
  4. Cross;
  5. Dallas;
  6. Desha;
  7. Fulton;
  8. Jackson;
  9. Jefferson;
  10. Mississippi;
  11. Monroe;
  12. Ouachita;
  13. Perry;
  14. Phillips;
  15. Poinsett;
  16. St. Francis;
  17. Sevier;
  18. Union; and
  19. Woodruff.
The General Assembly finds:
1. It is unacceptable for Arkansans born and living in one part of the state to have a life expectancy rate six to ten (6-10) years less than Arkansans born and living in another part of the state;
2. Complex factors operating at the levels of individuals, interpersonal networks, organizations, or communities influence disparities in health and healthcare; and
3. Health and healthcare disparities not only are unacceptable, but also have human, economic, social, and developmental costs that affect all residents of the nation and the State of Arkansas.
1. Each state agency, board, and commission that receives state dollars or tobacco settlement funds intended to improve the quality of health in Arkansas is encouraged to provide its programs, services, and research in Arkansas red counties.
2. Identified agencies, boards, and commissions whose scope of services encompasses the Arkansas red counties include without limitation, the:
  1. Arkansas Center for Health Improvement;
  2. Division of Environmental Quality;
  3. Department of Health;
  4. Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences;
  5. Area Agencies on Aging;
  6. Arkansas Biosciences Institute of the University of Arkansas for Medical Sciences;
  7. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences; and
  8. Partners for Inclusive Communities of the University Centers of Excellence in Developmental Disabilities Education, Research, and Service of the University of Arkansas for Medical Sciences.
3. 1. The entities listed in subdivision (c)(2) of this section shall submit an annual report to the chair of the House Committee on Public Health, Welfare, and Labor, the chair of the Senate Committee on Public Health, Welfare, and Labor, and the Governor to be delivered on or before October 1 of each year.
  2. The annual report required under subdivision (c)(3)(A) of this section shall include without limitation a section that:
    1. Describes services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal years;
    2. Accounts for expenditures, services, programs, research, or any combination of services, programs, and research provided in the Arkansas red counties during the previous fiscal year; and
    3. Provides recommendations toward improving health and healthcare in Arkansas red counties.
The following entities shall work together to identify the red counties most in need of help with mortality disparities and shall make that data available to the public:
1. The Arkansas Center for Health Improvement;
2. The Arkansas Minority Health Commission;
3. The Division of Environmental Quality;
4. The Department of Health; and
5. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences.

History. Acts 2011, No. 790, § 1; 2019, No. 910, §§ 3245, 3246.

Amendments. The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (c)(2)(B) and (d)(3).

25-1-120. Comprehensive cross-sector collaboration — Definition.

1. As used in this section, “Arkansas red counties” means those counties in which Arkansans were born and are living have a life expectancy rate six to ten (6-10) years less than the life expectancy of Arkansans who were born and are living in the county with the highest life expectancy.
2. “Arkansas red counties” includes on July 27, 2011:
  1. Arkansas;
  2. Chicot;
  3. Crittenden;
  4. Cross;
  5. Dallas;
  6. Desha;
  7. Fulton;
  8. Jackson;
  9. Jefferson;
  10. Mississippi;
  11. Monroe;
  12. Ouachita;
  13. Perry;
  14. Phillips;
  15. Poinsett;
  16. St. Francis;
  17. Sevier;
  18. Union; and
  19. Woodruff.
The General Assembly finds that:
1. Health is affected by a wide variety of social factors, including without limitation:
  1. The circumstances in which people are born, grow up, live, work, and age;
  2. Systems for dealing with illness and access to those systems; and
  3. Other factors, such as poverty, substance abuse, working conditions, unemployment, social support, nutritious foods, transportation, and housing;
2. Complex factors affecting health operate at the levels of individuals, interpersonal networks, organizations, or communities that influence disparities in health and healthcare; and
3. Collaboration between agencies and organizations is cost effective, increases awareness, and ensures programs and services provided are comprehensive.
1. Each state agency, board, and commission whose scope of services encompasses the Arkansas red counties to date are encouraged to work collaboratively in the Arkansas red counties to implement strategies that may include without limitation health screenings, education, awareness, outreach efforts, resource and service navigation, as well as other health and health care access-related initiatives toward achieving systems change.
2. The following entities without limitation are encouraged to work together to plan, operate, and coordinate a comprehensive initiative to address the health and healthcare needs of the Arkansas red counties:
  1. The Arkansas Center for Health Improvement;
  2. The Arkansas Minority Health Commission;
  3. The Division of Environmental Quality;
  4. The Department of Health;
  5. Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences;
  6. Workforce Development Commission [repealed];
  7. Division of Higher Education;
  8. Arkansas Department of Transportation;
  9. University of Arkansas for Medical Sciences — Partners for Inclusive Communities;
  10. Arkansas Children's Hospital;
  11. University of Arkansas for Medical Sciences — Area Health Education Centers;
  12. Public safety organizations;
  13. Arkansas Optometric Association, Inc.; and
  14. Area Agencies on Aging.
1. The Office of Minority Health and Health Disparities is designated to:
  1. Organize, notify, and coordinate planning meetings of the entities encouraged under this section to work together to plan, operate, and coordinate a comprehensive initiative to address the health and healthcare needs of the Arkansas red counties;
  2. Coordinate agreed-upon initiatives in selected counties annually;
  3. Assist in development of a standardized annual report format that will be used to report on the cross-sector comprehensive collaborative initiatives and the outcomes of those initiatives; and
  4. Compile an annual report of comprehensive collaborative initiatives using the standardized format created under this subsection and submit the report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor no later than October 1 of each year.
2. The first planning meeting under this subsection shall be held no later than October 1, 2011.
3. The first report under this subsection shall be submitted by October 1, 2012.

History. Acts 2011, No. 798, § 1; 2017, No. 707, § 285; 2019, No. 910, §§ 3247, 3248.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(2)(H).

The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (c)(2)(C); and substituted “Division of Higher Education” for “Department of Higher Education” in (c)(2)(G).

25-1-121. Naming of public buildings, structures, airports, or facilities — Definition.

As used in this section, “public funds” means any funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through an entity of the state or a political subdivision of the state.
A building, structure, or facility paid for in whole or in part with public funds shall not be named for an individual living at the time of completion of the building, structure, or facility who, in the ten (10) years preceding the construction of the public building, structure, or facility:
1. Was elected by qualified electors to a federal, state, county, or municipal office or held a federal, state, county, or municipal office; and
2. Received a salary for his or her service in the federal, state, county, or municipal office.
A municipal airport paid for in whole or in part with public funds shall not be named for an individual living at the time the municipal airport is named, if the individual:
1. Was elected by qualified electors to a federal, state, county, or municipal office or held a federal, state, county, or municipal office; and
2. Received a salary for his or her service in the federal, state, county, or municipal office.
This section shall not apply to:
1. A building, structure, airport, or facility that concerns an individual living at the time of completion of the building, structure, or facility and has historical significance, including without limitation that individual's birthplace;
2. The naming of a building, structure, airport, or facility after an individual:
  1. Who is or has been a prisoner of war; or
  2. Who is:
    1. At least seventy-five (75) years of age; and
    2. Retired; or
3. A building, structure, airport, or facility for which at least fifty percent (50%) of the funds used to pay for the building, structure, airport, or facility are private funds.
This section shall not be construed to prevent an entity receiving public funds from placing an individual's name upon a commemorative object, including without limitation a brick, used in a building, structure, airport, or facility, in exchange for a donation to the entity.

History. Acts 2013, No. 1225, § 2; 2017, No. 983, § 1.

A.C.R.C. Notes. Acts 2013, No. 1225, § 1, provided: “Legislative intent.

“(a) The General Assembly finds:

“(1) The integrity of elections in this state is of the utmost importance; and

“(2) The General Assembly should pursue legislative measures that prevent incumbent candidates from having special or unfair advantages in subsequent political contests.

“(b) The intent of this section is to regulate the naming of public buildings, structures, or facilities after certain individuals to prevent unfair advantages for incumbent candidates in future political contests.”

Amendments. The 2017 amendment inserted “airports” in the section heading; inserted (c) and redesignated the remaining subsections accordingly; and inserted “airport” throughout (d) and (e).

25-1-122. Alternative or secondary address for state communications through the mail — Law enforcement officers.

A person who is employed primarily as a law enforcement officer may elect to use an alternative or secondary address, such as a post office box, to receive all of his or her communications sent by a state agency through the mail.
The secondary or alternative address must be in the same county and, where practicable, same voting precinct as the law enforcement officer's primary place of residence.

History. Acts 2013, No. 1514, § 1.

25-1-123. Criminal background checks for public employees controlling public funds — Definition.

As used in this section, “public employer” means any of the following:
1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas-elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
3. The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;
4. An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
5. A public school district, school, or an office or department of a public school district in Arkansas.
1. A public employer shall obtain a state criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police before finalizing the hiring of an applicant for an employment position with supervisory fiduciary responsibility over all fiscal matters.
2. The applicant shall sign a release of information to the public employer.
3. The public employer may:
  1. Choose to be responsible for the payment of any fee associated with the state criminal background check; or
  2. Provide that the applicant is responsible for the payment of any fee associated with the criminal background check.
4. Upon completion of the criminal background check, the bureau shall forward to the public employer all releasable information obtained concerning the applicant.

History. Acts 2015, No. 1103, § 5.

25-1-124. Reporting by public employee — Definitions.

As used in this section:
1. “Public employee” means a person who performs a full or part-time service for wages, salary, or other remuneration for a public employer; and
2. “Public employer” means any of the following:
  1. An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas-elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
  2. A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
  3. The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;
  4. An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally-owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
  5. A public school district, school, or an office or department of a public school district in Arkansas.
1. A public employee with supervisory fiduciary responsibility over all fiscal matters of a public employer shall report to Arkansas Legislative Audit a loss of public funds that amounts to one thousand dollars ($1,000) or more in one (1) calendar year, including without limitation:
  1. Apparent unauthorized disbursements of public funds; or
  2. The apparent theft or misappropriation of public funds or property.
2. A report under subdivision (b)(1) of this section shall be made within five (5) business days of the date the public employee learns of the loss of public funds.
A public employee with supervisory fiduciary responsibility over all fiscal matters who purposely fails to comply with subsection (b) of this section is guilty of a Class A misdemeanor.

History. Acts 2015, No. 1103, § 5; 2017, No. 498, § 1.

Amendments. The 2017 amendment substituted “to Arkansas Legislative Audit a loss of public funds that amounts to one thousand dollars ($1,000) or more in one (1) calendar year” for “a loss of public funds to Arkansas Legislative Audit” in (b)(1).

Subchapter 2 — Paper Reduction

Effective Dates. Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. 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.”

25-1-201. Legislative intent.

It is the intent of the General Assembly to:
1. Prohibit the excessive reproduction of state agency reports that are being written, printed, and distributed at significant public expense; and
2. Provide for Internet publication as the primary means of publishing state agency reports.
It is not the intent of the General Assembly to reduce the free flow of information between state government and the public. Rather, the intent is to reduce the use of state government publications for other than required informational purposes and to effect a reduction in the escalating public expense of writing, printing, and distributing state agency reports.

History. Acts 1999, No. 1276, § 1; 2013, No. 501, § 4.

Amendments. The 2013 amendment rewrote (a); and deleted “unsolicited” preceding “state agency reports” in (b).

25-1-202. Distribution of reports to the General Assembly.

Reports by state agencies that are required to be submitted to the General Assembly shall be submitted only to:
1. The Speaker of the House of Representatives;
2. The President Pro Tempore of the Senate;
3. The member of the General Assembly who was the lead sponsor of the legislation authorizing the preparation of the report; and
4. The Director of the Bureau of Legislative Research.
A report required to be submitted to the General Assembly shall be filed in electronic form.

History. Acts 1999, No. 1276, § 2; 2013, No. 501, § 5.

Amendments. The 2013 amendment added the (a) designation and made stylistic changes; and added (b).

25-1-203. Distribution of other publications.

A state agency shall not distribute a state publication except as provided in this section.
1. A state agency shall place a state publication on its website.
2. The Division of Information Systems shall assist those state agencies requesting assistance in placing publications on the state agency's website.
Upon request, a state agency shall provide an unbound, black-and-white copy of a state publication to a person.
1. A state agency shall compile a mailing list of persons requesting publications distributed by the state agency.
2. 1. Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication.
  2. The card shall include the address of the website on which the publication is located.
  3. Upon return receipt of a card, the state agency shall then send a copy of the publication to the person.
This section does not apply to the following publications:
1. Public information pamphlets;
2. Promotional brochures;
3. Copies of legislative bills;
4. Copies of statutes, laws, and rules;
5. Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.;
6. Publications that are applications, instructions, or guidelines for complying with state or federal law, regulation, or policy;
7. Publications of the Division of Agriculture of the University of Arkansas;
8. Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws;
9. Financial reports required by a:
  1. Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report;
  2. Bond rating agency;
  3. Bond trustee; or
  4. Financial institution; and
10. The Arkansas Highways magazine published by the Arkansas Department of Transportation.
A state agency may distribute upon request an abstract that contains a description of reports submitted to the General Assembly and of any other information that is available.
1. Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the:
  1. Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and
  2. The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years.
2. 1. The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year.
  2. The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section.
3. Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly.

History. Acts 1999, No. 1276, § 3; 2013, No. 501, § 6; 2017, No. 707, § 286; 2019, No. 315, § 2906; 2019, No. 910, § 6254.

Amendments. The 2013 amendment rewrote the section.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (e)(10).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (e)(4).

The 2019 amendment by No. 910 substituted “Division of Information Systems” for “Department of Information Systems” in (b)(2).

25-1-204. Publications to be included in agency budget.

Each state agency shall include in its budget request a list of state publications that are required by statutory law and shall state in writing the reasons for the continued publication or distribution of its publications.

History. Acts 1999, No. 1276, § 4; 2013, No. 501, § 7.

Amendments. The 2013 amendment substituted “Each” for “Beginning with the 1999-2000 fiscal year, each.”

25-1-205. Copies to be filed with Legislative Council.

A state agency which publishes or distributes a state publication shall file an electronic copy of a publication with the Legislative Council if the state agency has published or distributed more than one thousand (1,000) copies of the publication in the preceding calendar year.
This section shall not apply to:
1. Copies of legislative bills;
2. Copies of statutes, laws, and rules;
3. Information disseminated solely to the press;
4. Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy;
5. Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism;
6. Publications of the University of Arkansas Cooperative Extension Service; and
7. Marketing and promotional information published by the Arkansas Economic Development Commission.

History. Acts 1999, No. 1276, § 5; 2013, No. 501, § 8; 2019, No. 315, §§ 2907, 2908; 2019, No. 910, § 5701.

Amendments. The 2013 amendment added the (a) designation; in (a), substituted “A” for “Any”, substituted “an electronic copy of a publication” for “a copy of the publication”; inserted the (b) designation; and substituted “Economic Development Commission” for “Department of Economic Development” in (b)(7).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b)(2); and inserted “rule” in (b)(4).

The 2019 amendment by No. 910 substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b)(5).

25-1-206. Definition of “state agency”.

As used in this subchapter, “state agency” means an agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly, including without limitation a state-supported institution of higher education.

History. Acts 1999, No. 1276, § 6; 2009, No. 1405, § 50; 2013, No. 501, § 9.

Amendments. The 2009 amendment rewrote the section.

The 2013 amendment rewrote the section.

Subchapter 3 — Members of Executive Branch Boards and Commissions

Effective Dates. Acts 1999, No. 1414, § 6: Apr. 13, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the Arkansas Supreme Court has ruled that service by members of the General Assembly on executive branch boards and commissions which exercise the sovereign powers of this state is unconstitutional; that this act will avoid further litigation and cure uncertainty as to whether service on the several boards and commissions constitutes unconstitutional service; and that this act should go into effect immediately in order to settle the issue without further litigation. 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.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 776, § 2: Jan. 1, 2018.

25-1-301. Legislative intent.

In recognition of the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), it is the intent of this subchapter to replace all legislator members of executive branch boards and commissions with appointees who are not members of the Senate or House of Representatives.

History. Acts 1999, No. 1414, § 1.

25-1-302. Members of specified executive branch boards and commissions not to be members of the General Assembly.

As soon as possible after April 13, 1999, the appointing authorities shall replace members of the General Assembly serving on executive branch boards and commissions identified below with persons who are not members of the General Assembly:
1. Arkansas Alcohol and Drug Abuse Coordinating Council, § 20-64-1002;
2. Arkansas Alternative Dispute Resolution Commission, § 16-7-102;
3. Capitol Arts and Grounds Commission, § 22-3-502;
4. Arkansas Child Abuse/Rape/Domestic Violence Commission, § 20-82-201;
5. Supervisory Board for the Arkansas Crime Information Center, § 12-12-202;
6. Arkansas Early Childhood Commission, § 20-78-501;
7. State Interagency Council, § 20-14-508;
8. [Repealed.]
9. Trauma Advisory Council, § 20-13-807;
10. Martin Luther King, Jr. Commission, § 25-24-101;
11. Mansion Advisory Council, § 22-3-806;
12. Arkansas Minority Health Commission, § 20-2-102;
13. Arkansas Natural and Cultural Resources Council, § 15-12-101;
14. Arkansas Natural Heritage Commission, § 15-20-304;
15. Arkansas Pygmalion Commission on Nontraditional Education, uncodified Act 1288 of 1993, as amended [abolished];
16. Arkansas Rural Development Commission, § 15-6-104;
17. Public School Motor Vehicle Insurance Program Advisory Committee, § 6-21-711 [repealed];
18. Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, § 15-3-105;
19. Arkansas Sentencing Commission, § 16-90-802;
20. [Repealed.]
21. State and Public School Life and Health Insurance Board, § 21-5-402;
22. Temporary Assistance for Needy Families Oversight Board, § 20-76-105 [repealed];
23. Arkansas Public Transportation Coordination Council, § 27-3-103;
24. [Repealed.]
25. Workers' Compensation Commission, § 11-9-201; and
26. Career Education and Workforce Development Board, § 25-30-101.
Hereafter, and not withstanding any law to the contrary, no member of the General Assembly shall be appointed to any executive branch board or commission identified in subsection (a) of this section. The President Pro Tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Attorney General, shall make a determination concerning any other board or commission having legislative members. If the President Pro Tempore of the Senate and the Speaker of the House of Representatives determine that legislative service on the board or commission would violate the Supreme Court's decision in State Bd. of Workforce Educ. and Career Opportunities v. King, 336 Ark. 409, 985 S.W.2d 731 (1999), they shall notify the appointing authority, who shall appoint a person who is not a member of the General Assembly as a replacement for the legislative member.

History. Acts 1999, No. 1414, § 2; 2001, No. 783, §§ 4, 5; 2003, No. 1473, § 63; 2007, No. 827, § 193; 2009, No. 1484, § 9; 2015 (1st Ex. Sess.), No. 7, §§ 59, 114; 2015 (1st Ex. Sess.), No. 8, §§ 59, 114; 2016 (3rd Ex. Sess.), No. 2, § 83; 2016 (3rd Ex. Sess.), No. 3, § 83; 2017, No. 776, § 4; 2017, No. 1006, § 3; 2019, No. 392, § 1.

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.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 62, provided:

“Transfer of the Arkansas Science and Technology Authority.

“(a)(1) The Arkansas Science and Technology Authority is transferred to the Arkansas Economic Development Commission by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the commission is the principal department under Acts 1971, No. 38.

“(b) The statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, of the authority are transferred to the commission, except as specified in this act.

“(c) The prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudication of the authority are transferred to the executive director of the commission, except as specified in this act.

“(d) The members of the Board of Directors of the Arkansas Science and Technology Authority, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board except as specified in this act.”

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 2009 amendment deleted (a)(24) and redesignated the subsequent subdivisions accordingly.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote (a)(18); and deleted “Arkansas” preceding “Building Authority Council” in (a)(20).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 repealed (a)(20).

The 2017 amendment by No. 776 repealed (a)(8).

The 2017 amendment by No. 1006 repealed (a)(24).

The 2019 amendment substituted “Attorney General” for “Attorney General's office” in the second sentence of (b).

Effective Dates. Acts 2017, No. 776, § 2: Jan. 1, 2018.

Subchapter 4 — Arkansas Financial Transparency Act

Effective Dates. Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

25-1-401. Title.

This subchapter shall be known and may be cited as the “Arkansas Financial Transparency Act”.

History. Acts 2011, No. 303, § 1.

25-1-402. Legislative intent.

The General Assembly finds that:

Information technology has evolved to allow unprecedented levels of accessibility to financial information;
Information technology allowing access to expenditure information via the Internet now exists and is available to state government; and
Access to expenditures on an ongoing and regular basis will:
1. Assist citizens and members of the General Assembly in overseeing the operation of state government in Arkansas; and
2. Allow for a higher degree of accountability and efficiency in the workings of all branches of state government.

History. Acts 2011, No. 303, § 1.

25-1-403. Definitions.

As used in this subchapter:

1. “Expenditure data” means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations.
2. “Expenditure data” does not include expenses of pending litigation.
3. “Expenditure data” includes copies of contingency fee contracts under § 25-16-715;
1. “State agency” means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education.
2. “State agency” includes without limitation.
  1. The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands;
  2. Legislative commissions, bureaus, and offices;
  3. Judicial offices;
  4. Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and
  5. The Office of the Arkansas Lottery;
“Vendor” means an entity that:
1. Provides goods and services within its normal business operations;
2. May provide similar goods and services to many different purchasers; and
3. Operates in a competitive environment; and
“Website” means a site on the internet:
1. Identifiable by a specific uniform resource locator;
2. Accessible to the public at no cost; and
3. Requiring no information of the user.

History. Acts 2011, No. 303, § 1; 2015, No. 218, § 27; 2015, No. 851, § 3.

A.C.R.C. Notes. Acts 2015, No. 851, § 1, provided: “Title. This act shall be known as the ‘Transparency in Private Attorney Contracts Act’.”

Amendments. The 2015 amendment by No. 218 substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (2)(B)(v).

The 2015 amendment by No. 851 added (1)(C).

25-1-404. Duties of Department of Finance and Administration.

The Department of Finance and Administration shall:
1. Establish standards and criteria for each state agency to report financial expenditures;
2. Develop and maintain a database of financial information as set forth in this subchapter; and
3. Develop a website presenting expenditure data for each state agency that shall:
  1. Report expenditure data in a common format;
  2. Include expenditures of state government, whether held in the State Treasury or commercial bank accounts;
  3. Allow searches of financial data in common format; and
  4. 1. Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year.
    2. The website shall retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) such years are available, after which the website shall retain at least ten (10) years of expenditure data.
Revenue shall be reported at the state agency level by:
1. The source of funding, including without limitation donations and gifts;
2. General ledger codes as defined by rule of the department; and
3. Year to date.
A state agency shall report information on expenditures by:
1. Budget classification;
2. General ledger code as defined by rule of the department;
3. Year to date; and
4. Vendor.
A state agency shall report information on compensation of state employees by:
1. Agency;
2. Employee name;
3. Title;
4. Position number; and
5. Annual salary.
A state agency shall report information on bonded indebtedness by the:
1. Original obligation amount or principal;
2. Original interest rate;
3. Statutory authority for the debt;
4. Issuance date and description, including without limitation whether the current issuance is an original issue or a reissue of indebtedness;
5. Term of the obligation;
6. Source of funding for repayment; and
7. Remaining principal.
Information regarding payments to city and county governments shall be provided in a manner prescribed by rule of the department.
A state agency shall report information on contracts by the:
1. Date of contract;
2. Vendor;
3. Estimated total contract value; and
4. Type of contract, whether professional services, commodities, capital outlay, or other type of contract.
The department may promulgate rules to implement this section, including without limitation rules concerning the reporting of additional information under this section.

History. Acts 2011, No. 303, § 1.

25-1-405. Cooperation by state agencies with Department of Finance and Administration — Report.

Each state agency shall:
1. Cooperate with the Department of Finance and Administration in meeting the requirements of this subchapter; and
2. Take actions necessary to provide information under this subchapter.
1. The department shall report annually to the Legislative Council the name of each state agency failing to provide information under this subchapter.
2. A copy of the report under subdivision (b)(1) of this section shall be posted on the website required by this subchapter immediately after presentation to the Legislative Council.
The Office of the Arkansas Lottery shall pay the costs of providing expenditure information for the office in the common format determined by the department.

History. Acts 2011, No. 303, § 1; 2015, No. 218, § 28.

Amendments. The 2015 amendment, in (c), substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” and “office” for “commission.”

Subchapter 5 — Prohibited Contracts and Investments

25-1-501. Legislative findings.

The General Assembly finds that:

Boycotts and related tactics have become tools of economic warfare that threaten the sovereignty and security of key allies and trade partners of the United States;
The State of Israel is the most prominent target of such boycott activity, which began with but has not been limited to the Arab League boycott adopted in 1945, even before Israel's declaration of independence as the reestablished national state of the Jewish people;
Companies that refuse to deal with United States trade partners such as Israel, or entities that do business with or in such countries, make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness;
It is the public policy of the United States, as enshrined in several federal acts, to oppose boycotts against Israel, and the United States Congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness;
Israel in particular is known for its dynamic and innovative approach in many business sectors, and therefore a company's decision to discriminate against Israel, Israeli entities, or entities that do business with or in Israel, is an unsound business practice, making the company an unduly risky contracting partner or vehicle for investment; and
Arkansas seeks to act to implement the United States Congress's announced policy of “examining a company's promotion or compliance with unsanctioned boycotts, divestment from, or sanctions against Israel as part of its consideration in awarding grants and contracts and supports the divestment of state assets from companies that support or promote actions to boycott, divest from, or sanction Israel”.

History. Acts 2017, No. 710, § 1.

25-1-502. Definitions.

As used in this subchapter:

1. 1. “Boycott Israel” and “boycott of Israel” means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner.
  2. “Boycott” does not include those boycotts to which 50 U.S.C. § 4607(c) applies.
2. A company's statement that it is participating in boycotts of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of Israel, can be considered by the Arkansas Development Finance Authority as a type of evidence, among others, that a company is participating in a boycott of Israel;
“Company” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations;
“Direct holdings” in reference to a company means all publicly traded securities of that company that are held directly by the public entity in an actively managed account or fund in which the public entity owns all shares or interests;
“Indirect holdings” in reference to a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one (1) or more persons not employed by the public entity, in which the public entity owns shares or interests together with other investors not subject to the provisions of this subchapter or that are held in an index fund;
“Public entity” means the State of Arkansas, or a political subdivision of the state, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or rules, and does include colleges, universities, a statewide public employee retirement system, and institutions in Arkansas as well as units of local and municipal government;
“Restricted companies” means companies that boycott Israel; and
“Retirement system” means a public retirement system in Arkansas.

History. Acts 2017, No. 710, § 1; 2019, No. 315, § 2909.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (5).

25-1-503. Prohibition on contracting with entities that boycott Israel.

Except as provided under subsection (b) of this section, a public entity shall not:
1. Enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel; or
2. Engage in boycotts of Israel.
This section does not apply to:
1. A company that fails to meet the requirements under subdivision (a)(1) of this section but offers to provide the goods or services for at least twenty percent (20%) less than the lowest certifying business; or
2. Contracts with a total potential value of less than one thousand dollars ($1,000).

History. Acts 2017, No. 710, § 1.

25-1-504. Prohibition on direct investments in companies that boycott Israel.

1. A public entity through its asset managers shall identify all companies that boycott Israel and assemble those identified companies into a list of restricted companies to be distributed to each retirement system.
2. For each company newly identified and added to the list of restricted companies, the public entity through its asset managers shall send a written notice informing the company of its status and that it may become subject to divestment by the public entity.
3. If, following the engagement by the public entity through its asset managers with a restricted company, that company ceases activity that designates it as a restricted company and submits a written certification to the public entity that it shall not reengage in such activity for the duration of any investment by the public entity, the company shall be removed from the restricted companies list.
4. The public entity shall keep and maintain the list of restricted companies and all written certifications from restricted and previously restricted companies.
1. The public entity shall adhere to the following procedures for companies on the list of restricted companies:
  1. Each public entity shall identify the companies on the list of restricted companies of which the public entity owns direct holdings and indirect holdings;
  2. The public entity shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of restricted companies from the public entity's assets under management in an orderly and fiduciarily responsible manner within three (3) months after the appearance of the company on the list of restricted companies; and
  3. Upon request from the Arkansas Development Finance Authority, each public entity shall provide the Arkansas Development Finance Authority with information regarding investments sold, redeemed, divested, or withdrawn in compliance under this section.
2. The public entity shall not acquire securities of restricted companies as part of direct holdings.
1. Subsection (b) of this section does not apply to the public entity's indirect holdings or private market funds.
2. The public entity shall submit letters to the managers of those investment funds identifying restricted companies and requesting that those investment funds consider removing the investments in the restricted companies from the funds.
The costs associated with the divestment activities of the public entity shall be borne by the respective public entity.
With respect to actions taken in compliance with this section, including all good-faith determinations regarding companies as required under this section, any statewide retirement system and the Arkansas Development Finance Authority are exempt from any conflicting statutory or common law obligations, including any fiduciary duties and any obligations with respect to choice of asset managers, investment funds, or investments for the statewide retirement systems' portfolios.

History. Acts 2017, No. 710, § 1.

Chapter 2 Administrative Departments Generally

A.C.R.C. Notes. Acts 2015, No. 1202, §§ 1-3, provided: “SECTION 1. Legislative intent.

“(a) The General Assembly declares that this act is necessary to:

“(1) Enhance the delivery of services to the people of Arkansas in an effective and efficient manner;

“(2) Provide for administrative cost savings in the delivery of these services by combining overlapping functions and eliminating duplications of functions of state government; and

“(3) Achieve the grouping of state agencies into provisional principal departments primarily according to function in order to facilitate an increase in efficiency and reduction of administrative costs.

“(b) It is the intent of the General Assembly to provide for a study of an orderly transfer of powers, authorities, duties, and functions of the various state agencies to the provisional principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.

“(c) As used in this act, ‘principal department’ means the:

“(1) Department of Agriculture;

“(2) Department of Commerce;

“(3) Department of Interior;

“(4) Department of Health and Human Services;

“(5) Department of Corrections [Department of Correction];

“(6) Department of Education;

“(7) Department of Finance and Administration;

“(8) Department of Labor, Employment, and Workforce;

“(9) Department of Natural Resources;

“(10) Department of Homeland Security; and

“(11) Additional departments as the Governor deems necessary in order to facilitate an increase in efficiency and reduction of administrative costs.”

“SECTION 2. “(a)(1) The Governor may appoint provisional department secretaries to assist with the study.

“(2) The provisional principal department secretaries or the office of the Governor may undertake and implement an efficiency study designed to achieve the maximum possible financial savings in current budgeted administrative costs.

“(3) Each entity designated to be studied for transfer under this act shall identify and report to the provisional principal department secretaries, the office of the Governor, the House Committee on State Agencies and Governmental Affairs, and the Senate Committee on State Agencies and Governmental Affairs, the total administrative costs for the entity in real dollar amounts.

“(4) The provisional principal department secretaries or the office of the Governor may:

“(A) Utilize the results of the analysis from the efficiency study to develop a detailed plan to further reorganize their respective departments and eliminate duplication of effort and unnecessary duplication of equipment and facilities; and

“(B) If provisional principal department secretaries are appointed, complete their analyses of the reorganization of state government and prepare a final report for delivery to the Governor.

“(5) The provisional principal department secretaries' or office of the Governor's plan for reorganization may include without limitation:

“(A) Estimated costs of reorganization;

“(B) Projected savings from reorganization in real dollar amounts;

“(C) Projected improvements in service;

“(D) Anticipated effects on cost-sharing and management of federal grants;

“(E) Provisions for efficient citizen input to department decisions;

“(F) Planned mechanisms for appeals of department actions;

“(G) Methods of assuring accountability for results;

“(H) Proposed timetables for implementation;

“(I) Proposed legislation required to implement reorganization;

“(J) Required changes to the Arkansas Administrative Statewide Information System, estimated costs, and a timeline for the required changes to be accomplished;

“(K) Recommendations as to whether reorganization into the ten (10) provisional departments as proposed by this act is the most efficient structure for organization; and

“(L) Recommendations as to which powers and duties should be retained by the agencies transferred under the provisional departments.

“(6) The provisional principal department secretaries may provide progress reports outlining the status of the study to:

“(A) The Governor; and

“(B) The House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

“(b) The Governor, in conjunction with the provisional principal department secretaries, if any, may provide the plans for reorganization to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.”

“SECTION 3. The agencies to be studied for reorganization or transfer may include without limitation the following:

“(1) The Arkansas Livestock and Poultry Commission under § 2-33-101 et seq., § 2-33-201 et seq., § 2-33-301 et seq., and § 2-33-401 et seq.;

“(2) The Department of Rural Services under § 15-6-105;

“(3) The Arkansas Rural Development Commission under § 15-6-104;

“(4) The State Plant Board under § 2-16-206;

“(5) The Division of Agriculture Development of the Arkansas Development Finance Authority under § 15-5-802;

“(6) The Arkansas Economic Development Commission under §§ 15-4-205 — 15-4-210;

“(7) The Arkansas Economic Development Council under § 15-4-201;

“(8) The Arkansas Waterways Commission under § 15-23-201;

“(9) The State Insurance Department under § 23-61-101;

“(10) The Arkansas Science and Technology Authority under § 15-3-103;

“(11) The Board of Directors of the Arkansas Science and Technology Authority under § 15-3-104;

“(12) The State Bank Department under § 23-46-201 et seq.;

“(13) The State Banking Board under § 23-46-301;

“(14) The State Securities Department under § 23-42-201;

“(15) The Arkansas Public Service Commission under § 23-2-101;

“(16) The Arkansas Department of Aeronautics under § 27-115-101;

“(17) The Arkansas Department of Environmental Quality under § 25-14-101;

“(18) The Arkansas Pollution Control and Ecology Commission under § 8-4-104;

“(19) The Department of Correction under § 12-27-101;

“(20) The Department of Community Correction under § 12-27-125;

“(21) The Criminal Detention Facilities Review Coordinator under § 12-26-103;

“(22) The Parole Board under § 16-93-201;

“(23) The Board of Correction [Board of Corrections] under § 12-27-104;

“(24) The Department of Education under § 25-6-102;

“(25) The State Board of Education under § 6-11-101;

“(26) The Advisory Council for Education of Children with Disabilities under § 6-41-211;

“(27) The Advisory Council for Education of Gifted and Talented Children under § 6-42-104;

“(28) The Arkansas School for the Blind under § 6-43-201;

“(29) The Arkansas School for the Deaf under § 6-43-301;

“(30) The Board of Trustees for the Arkansas School for the Blind and the Arkansas School for the Deaf under § 6-43-101;

“(31) The Board of Trustees for the Arkansas School for Mathematics, Sciences, and the Arts under § 6-42-201;

“(32) The Division of Child Care and Early Childhood Education under § 20-78-205;

“(33) The Department of Higher Education under § 25-7-101;

“(34) The Arkansas Higher Education Coordinating Board under § 6-53-203;

“(35) The State Board of Career Education under § 25-30-101;

“(36) Arkansas Rehabilitation Services under § 25-30-106;

“(37) Arkansas Tech University Ozark Campus, Arkansas Northeastern College, Crowley's Ridge Technical Institute, Northwest Technical Institute, Riverside Vocational and Technical School, and National Park Community College;

“(39) The local boards of directors of Arkansas Tech University Ozark Campus, Arkansas Northeastern College, Crowley's Ridge Technical Institute, Northwest Technical Institute, Riverside Vocational and Technical School, and National Park Community College;

“(40) The Arkansas Educational Television Commission under § 6-3-101;

“(41) The Department of Finance and Administration under § 25-8-101;

“(42) The Tax Division of the Arkansas Public Service Commission under § 26-24-101(1)(A);

“(43) The State Insurance Department responsibilities of the insurance premium tax levied under §§ 26-57-603, 26-57-604, and 26-57-605 and the legal insurance premium tax levied under § 23-91-226;

“(44) The Assessment Coordination Department under § 25-28-101;

“(45) The Arkansas Building Authority under § 22-2-104;

“(46) The Arkansas Building Authority Council under § 22-2-106;

“(47) The State Technology Council under § 25-33-101;

“(48) The Department of Information Systems under § 25-4-104;

“(49) The Arkansas Racing Commission under § 23-110-201;

“(50) The Federal Surplus Property Program under § 19-11-601;

“(51) The Alcoholic Beverage Control Board of the Department of Finance and Administration under § 3-2-201;

“(52) The On-Site Sewage Disposal Program under § 14-236-101 and the Marine Sanitation Program under § 19-6-490;

“(53) The State Board of Health under § 20-7-102;

“(54) The Arkansas Minority Health Commission under § 20-2-102;

“(55) The Department of Human Services under § 25-10-101;

“(56) The State Department for Social Security Administration Disability Determination under § 20-76-301;

“(57) The Department of Veterans Affairs under § 20-81-102;

“(58) The Arkansas Veterans' Commission under § 20-81-104;

“(59) The Arkansas Veterans' Child Welfare Service Office under § 20-81-101;

“(60) The Board of Developmental Disabilities Services under § 25-10-104;

“(61) The Child Welfare Agency Review Board under § 9-28-403;

“(62) The Department of Human Services State Institutional System Board under § 25-10-402;

“(63) The Arkansas Drug Director of the Office of the Governor under § 20-64-1001;

“(64) The Arkansas Tobacco Control Board under § 26-57-255;

“(65) The Alcoholic Beverage Control Enforcement Division under § 3-2-203;

“(66) The Department of Arkansas State Police under § 12-8-101;

“(67) The Arkansas State Police Commission under § 12-8-102;

“(68) The Arkansas State Crime Information Center under § 12-12-201;

“(69) The Supervisory Board of the Arkansas Crime Information Center under § 12-12-202;

“(70) The State Crime Laboratory under § 12-12-301;

“(71) The State Crime Laboratory Board under § 12-12-302;

“(72) The Arkansas Commission on Law Enforcement Standards and Training under § 12-9-103;

“(73) The Arkansas Department of Emergency Management under § 12-75-109;

“(74) The State Military Department under Acts 1929, No. 85;

“(75) The Victim of Crime Justice Assistance Grants Division, the Law Enforcement Block Grants Division, the Violent Offender Incarceration Grants Division, and the Drug Law Enforcement Grants Division of the Department of Finance and Administration;

“(76) The Department of Parks and Tourism under § 25-13-101;

“(77) The Department of Arkansas Heritage under § 25-3-102;

“(78) The State Parks, Recreation, and Travel Commission under § 15-11-201;

“(79) The Plantation Agriculture Museum Advisory Commission;

“(80) The Prairie Grove Battlefield Commission under § 13-7-401;

“(81) The Arkansas Museum of Natural Resources Advisory Committee under § 13-5-404;

“(82) The Historic Arkansas Museum Commission under § 13-7-302;

“(83) The Delta Cultural Center Policy Advisory Board under § 13-5-704;

“(84) The Arkansas Natural Heritage Commission under § 15-20-304;

“(85) The Mosaic Templars of America Center for African-American Culture and Business Enterprise under § 13-5-902;

“(86) The Old State House Commission under § 13-7-201;

“(87) The Mississippi River Parkway Commission under § 27-69-201;

“(88) The Arkansas Entertainers Hall of Fame Board under § 13-9-101;

“(89) The Arkansas History Commission under § 13-3-101;

“(90) The Arkansas State Library under § 13-2-203;

“(91) The State Library Board under § 13-2-205;

“(92) The State Historic Preservation Officer under § 13-7-107;

“(93) The State Review Committee for Historic Preservation under § 13-7-108;

“(94) The Advisory Council of the Arkansas Arts Council under § 13-8-103;

“(95) The Keep Arkansas Beautiful Commission under § 15-11-601;

“(96) The Arkansas Natural and Cultural Resources Council under § 15-12-201;

“(97) The Martin Luther King, Jr. Commission under § 25-24-101;

“(98) The Arkansas Museum Review Panel under § 13-5-207;

“(99) The Arkansas Scenic Resources Preservation Coordinating Committee under § 15-20-707;

“(100) The Arkansas Natural and Cultural Heritage Advisory Committee under § 25-3-104;

“(101) The Arkansas Workforce Investment Board under § 15-4-2204;

“(102) The Arkansas Workforce Investment Board Executive Committee under § 15-4-2205;

“(103) The Department of Workforce Services under § 11-10-301;

“(104) The Board of Review under § 11-10-523;

“(105) The State Employment Security Advisory Council under § 11-10-305;

“(106) The Temporary Assistance for Needy Families Oversight Board under § 20-76-105(g);

“(107) The Department of Labor under § 11-2-106;

“(108) The Boiler Advisory Board under § 20-23-201;

“(109) The Board of Electrical Examiners under § 17-28-201;

“(110) The Elevator Safety Board under § 20-24-105;

“(111) The Workers' Compensation Commission under § 11-9-201;

“(112) The Arkansas Rehabilitation Services of the Department of Career Education under § 6-52-101;

“(113) The Governor's Commission on People with Disabilities under § 20-14-202;

“(114) The Arkansas Spinal Cord Commission under § 20-8-202;

“(115) The Division of State Services for the Blind of the Department of Human Services under § 25-10-102;

“(116) The Board of the Division of State Services for the Blind under § 25-10-205;

“(117) The Oil and Gas Commission under § 15-71-101;

“(118) The Director of Production and Conservation and the staff of the Oil and Gas Commission under § 15-71-105;

“(119) The Arkansas Natural Resources Commission under § 15-20-201;

“(120) The Commission on Water Well Commission under § 17-50-201;

“(121) The Arkansas Forestry Commission under § 15-31-101;

“(122) The Arkansas Geological Survey under § 15-55-201;

“(123) The Division of Engineering, the HVACR Program of the Department of Health, and the Marine Sanitation Program, under § 25-9-101;

“(124) The Federal Housing and Urban Development Community Development Block Grant program of the Arkansas Economic Development Commission;

“(125) The Department of Human Services, under § 25-10-101 et seq.;

“(126) The Department of Health, under § 25-9-101 et seq.; and

“(127) The Department of Information Systems, under § 25-4-101 et seq.”

Publisher's Notes. Acts 1971, No. 38, which is primarily codified in chapters 2-14 of this title, reorganized the structure of state government by creating or continuing certain principal administrative departments into which various agencies and programs were transferred. However, many principal departments, referred to by Acts 1971, No. 38, are originally created, or their duties defined, by statutes which are integrally related to, and codified in, other titles of the Arkansas Code. It should also be noted that Acts 1971, No. 38, as amended, is not completely comprehensive and does not refer to a number of departments which are created elsewhere in the Arkansas Code. Please consult the notes throughout chapters 2-14 for references to relevant provisions in other titles.

Acts 1971, No. 38, also created several principal departments which were later abolished. Section 4 of the act, as amended by Acts 1975, No. 278, § 1, created the Department of Local Services which was abolished by Acts 1983, No. 690. Sections 14 and 16 of the act, respectively, created the Department of Public Safety and the Department of Commerce which were abolished by Acts 1981, No. 45, and Acts 1983, No. 691, respectively.

Cross References. Damages adjudged against state officers and employees, payment by state, § 21-9-201 et seq.

Effective Dates. Acts 1971, No. 38, §§ 23, 24: reorganizations under act to be completed on or before July 1, 1971. Act effective Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible state government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the government by the consolidation of various departments, boards, and commissions; and that only by the immediate passage of this act may procedures be established for effectuating a more responsive, responsible, and economic state government. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 348, § 16: July 1, 1985.

25-2-101. Legislative findings and purpose — Construction.

The General Assembly declares that this act is necessary:
1. To create a structure of state government which will be responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions;
2. To establish executive authority over those areas where executive responsibility presently lies;
3. To provide a reasonable opportunity to create budgetary and administrative efficiencies within an orderly organizational structure of state government;
4. To strengthen the role of the General Assembly in state government;
5. To encourage greater participation of the public in state government;
6. To effect the grouping of state agencies into a limited number of departments primarily according to function; and
7. To eliminate overlapping and duplication of effort.
It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state agencies to the principal departments with a minimum of disruption of governmental services and functions and with a minimum of expense.
To the ends stated in this section, this act shall be liberally construed.

History. Acts 1971, No. 38, § 1; A.S.A. 1947, § 5-901.

Publisher's Notes. Acts 1971, No. 38, § 1, provided, in part, that employees who were members of any retirement system at the time of the 1971 governmental reorganization would not lose any accrued retirement benefits as a result of the transfer of any department, commission, or agency. The employees were allowed six (6) months from the date of the transfer to elect whether to continue in the same retirement system or join the system for which the transfer made them eligible.

Meaning of “this act”. Acts 1971, No. 38, codified as §§ 6-11-101, 6-11-102, 25-2-101 — 25-2-109, , 25-6-102, 25-7-101, 25-8-101, 25-8-105, , , 25-10-102, 25-10-106, 25-11-101, 25-11-102, , 25-13-101, .

25-2-102. Certain professional boards excepted.

Nothing in this act shall apply to state boards that license the professions of the healing arts under the following statutes:

Chiropractics, § 17-81-101 et seq.;
Dentistry, § 17-82-101 et seq.;
Medicine and surgery, § 17-95-201 et seq.;
Nursing, § 17-87-101 et seq.;
Optometry, § 17-90-101 et seq.;
Pharmacy, § 17-92-101 et seq.;
Physical therapy, § 17-93-101 et seq.;
Podiatry, § 17-96-101 et seq.;
Psychology, § 17-97-201 et seq.;
Massage therapy, § 17-86-101 et seq.; or
Veterinary medicine, § 17-101-101 et seq.

History. Acts 1971, No. 38, § 17; A.S.A. 1947, § 5-917.

Publisher's Notes. The references to the code sections in Title 17 have been updated to reflect the 1995 realphabetization of the chapters in that title.

Meaning of “this act”. See note to § 25-2-101.

25-2-103. Effect of act on preexisting rules, regulations, etc.

This act shall not affect the orders, rules, regulations, and standards made or promulgated before February 4, 1971, by any department, institution, division, bureau, board, commission, council, or other agency, the functions, powers, and duties of which have been herein assigned or transferred to a principal department established by this act. The orders, rules, regulations, and standards shall continue with full force and effect until amended or repealed pursuant to law.

History. Acts 1971, No. 38, § 17 [17A]; A.S.A. 1947, § 5-918.

Meaning of “this act”. See note to § 25-2-101.

25-2-104. Type 1 transfers.

1. When any department, institution, or other agency, or part thereof, is transferred to a principal department under a type 1 transfer, that department, institution, or other agency, or part thereof, shall be administered under the direction and supervision of that principal department but shall retain exactly the same prescribed statutory powers, authorities, duties, and functions as it had prior to the transfer, including:
  1. Rulemaking, regulation, licensing, and registration;
  2. The promulgation of rules, rates, and standards; and
  3. The rendering of findings, orders, and adjudications.
2. It shall exercise those powers, authorities, duties, and functions independently of the head of the principal department.
Following a type 1 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.
Notwithstanding subsections (a) and (b) of this section, under a type 1 transfer, all budgeting, purchasing, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2019, No. 315, § 2910.

Publisher's Notes. Acts 1971, No. 38, § 3, provided that any then-existing board, commission, advisory board, or other entity not enumerated in the reorganization act, but established by law within, or advisory to, a department, institution, or other agency would continue to exercise all its powers, duties, and functions under the principal department in accordance with the type of transfer under which the preexisting department, institution, or other agency was transferred.

Acts 1971, No. 38, § 18, provided that the act would not affect any civil or criminal actions or proceedings which were pending on February 4, 1971, and which involved any agency transferred to a principal department. It further provided that any order, recommendation, or other proceeding by such an agency would not be affected by the reorganization.

Amendments. The 2019 amendment deleted “regulations” following “rates” in (a)(1)(B).

Meaning of “this act”. See note to § 25-2-101.

25-2-105. Type 2 transfers.

Under this act, a type 2 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act. When all or part of any department, institution, or other agency is transferred to a principal department under a type 2 transfer, its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, are transferred to the principal department.
When any department, institution, or other agency, or part thereof, is transferred by a type 2 transfer to a principal department under the provisions of this act, its prescribed 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 head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.
Following a type 2 transfer, the members of any statutory board or commission so transferred, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to that board or commission as such statutes may from time to time be amended.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902.

Meaning of “this act”. See note to § 25-2-101.

Case Notes

Cited: State Office of Child Support Enforcement v. Harnage, 322 Ark. 461, 910 S.W.2d 207 (1995).

25-2-106. Type 3 transfers.

Under this act, a type 3 transfer means the abolishing of an existing department, institution, or other agency and the transferring of all or part of its powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds to a principal department as specified under this act.
When any department, institution, or other agency, or part thereof, is transferred by a type 3 transfer to a principal department under the provisions of this act, its prescribed 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 head of the principal department into which the department, institution, or other agency, or part thereof, has been transferred.

History. Acts 1971, No. 38, § 2; A.S.A. 1947, § 5-902.

Meaning of “this act”. See note to § 25-2-101.

25-2-107. Type 4 transfers.

Under this act, a type 4 transfer means the transferring of all or part of an existing department, institution, or other agency to a principal department established by this act in the following circumstances:
1. When all or part of any department, institution, or other agency is transferred to a principal department under a type 4 transfer, the board, commission, or other governing body of the transferred department, institution, or other agency is retained and shall continue to exercise its statutory authority, powers, duties, and functions;
2. The director of the department, institution, or other agency shall be nominated by the board or commission or governing body of the transferred department, institution, or other agency subject to confirmation by the Governor. The director shall serve at the pleasure of the Governor; and
3. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, are transferred to the principal department.
Following a type 4 transfer, the members of any statutory board or commission so transferred and their successors shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board or commission as such statutes may from time to time be amended.

History. Acts 1971, No. 38, § 2; 1985, No. 348, § 8; A.S.A. 1947, § 5-902; Acts 2011, No. 603, § 1.

Amendments. The 2011 amendment deleted “except that any rules, regulations, and standards issued by the board, commission, or other governing body shall be subject to written approval by the Governor” at the end of (a)(1).

Meaning of “this act”. See note to § 25-2-101.

25-2-108. Reports, certifications, etc., to transferred agency.

Unless specifically provided otherwise in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications, or requests are required or permitted to be made to a department, institution, division, bureau, board, commission, council, or other agency whose powers and duties are herein assigned or transferred by a type 2, 3, or 4 transfer, then those reports and certifications shall thereafter be filed with, and the applications or requests shall thereafter be made to, the principal department or agency to which assignment or transfer has been made.

History. Acts 1971, No. 38, § 19; A.S.A. 1947, § 5-920.

Meaning of “this act”. See note to § 25-2-101.

25-2-109. Senatorial confirmation of certain appointments.

Irrespective of other provisions of this act to the contrary, if the laws in effect on the date of the passage of this act required senatorial confirmation of the appointment of any board or commission member, or of the head of any agency or department of government, or of any head of a division of an agency or department of government, and that board, commission, agency, or department is consolidated or merged with a principal department under this act, then the appointments requiring confirmation shall be made as provided in this act with respect to all agencies merged or consolidated into a principal department by a type 1, 2, 3, or 4 transfer.
It is the intent of this act, with respect to all affairs of government which are under the administrative control or responsibility of any official of government whose appointment was subject to senatorial confirmation prior to the passage of this act, that the head of the successor department or the head of the division within the successor department into which the agency or program was merged shall be subject to confirmation of the Senate.

History. Acts 1971, No. 38, § 21; A.S.A. 1947, § 5-922.

Publisher's Notes. With reference to the phrase “date of the passage of this act,” Acts 1971, No. 38, § 21, was approved by the Governor and became effective on February 4, 1971.

Meaning of “this act”. See note to § 25-2-101.

Chapter 3 Division of Arkansas Heritage

A.C.R.C. Notes. Acts 2016, No. 253, § 27, provided: “NATURAL AND CULTURAL RESOURCES COUNCIL. The Director of the Department of Arkansas Heritage shall be the disbursing officer for the Natural and Cultural Resources Council appropriation and the Main Street Program appropriation provided by this Act. Further, if grants are made to state agencies from the Natural and Cultural Resources Council appropriation, and the Main Street Program appropriation provided herein, the corresponding amount of appropriation and funding of such grant may be transferred to such state agency for use in classifications of expenditures as determined by conditions of the grant and the state agency.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 921, § 1, provided: “TEMPORARY LANGUAGE.

“(a) The Department of Arkansas Heritage shall conduct a study to determine the feasibility of establishing the Arkansas Civil War museum.

“(b) The feasibility study shall include an assessment of:

“(1) Market, including without limitation:

“(A) A study of the demand and interest in Civil War tourism in Arkansas;

“(B) The target markets for a Civil War Museum in Arkansas, considering demographic and geographic characteristics; and

“(C) Proposed locations for a Civil War Museum;

“(2) Organization and technological requirements, including without limitation:

“(A) A study of qualifications needed to manage and operate a Civil War museum;

“(B) Staffing requirements; and

“(C) Special technology, equipment, and collection needs for startup and maintenance; and

“(3) Financial analysis, including without limitation:

“(A) An assessment of startup costs and operating costs;

“(B) Potential revenue projections; and

“(C) Possible funding sources.

“(c)(1) The feasibility study shall be completed no later than July 1, 2018.

“(2) After completion of the feasibility study, the department shall furnish a feasibility report to the Legislative Council that includes its recommendation concerning the establishment of the Arkansas Civil War Museum.”

Cross References. Historic preservation, statewide program of, § 13-7-101 et seq.

Preambles. Acts 1975, No. 1001 contained a preamble which read:

“Whereas, Arkansas is a State rich in cultural resources; and

“Whereas, there now exists numerous culturally oriented agencies and programs in the various departments of this government;

“Now, therefore, the Legislature of the State of Arkansas recognizes the need for a statewide program devoted to the development of the natural and cultural heritage of the State of Arkansas, and enacts this measure for the achievement of that purpose….”

Effective Dates. Acts 1975, No. 1001, §§ 9, 10: Apr. 11, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is a need for a State-wide program devoted to the development of the cultural heritage of the State of Arkansas, and that the immediate passage of this Act is necessary in order that the reorganization contemplated by this Act may be accomplished on or before July 1, 1975. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 346, § 45: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1989 (1st Ex. Sess.), No. 9, § 60: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1995, No. 531, § 70: July 1, 1995. Emergency clause provided: “ It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1508, § 19: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that this act makes various technical corrections in the Arkansas Code; that this act further clarifies the law to provide that the Arkansas Code Revision Commission may correct errors resulting from enactments of prior sessions; and that this act should go into effect immediately in order to be applicable during the codification process of the enactments of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

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

25-3-101. Legislative intent — Construction.

The General Assembly declares that this act is necessary:
1. To create a structure of state government which will be responsive to the cultural needs of the people of this state and sufficiently flexible to meet changing conditions;
2. To provide for greater budgetary and administrative efficiencies within an orderly organizational structure of government;
3. To encourage greater participation of the public in the cultural affairs of the state;
4. To effect the grouping of culturally oriented state agencies and programs into one (1) department; and
5. To eliminate overlapping and duplication of effort.
It is the intent of the General Assembly to provide for an orderly transfer of powers, duties, and functions of the various state programs or agencies to the Division of Arkansas Heritage with a minimum of disruption of governmental services and functions and with a minimum of expense.
To the ends stated in this section, this act shall be liberally construed.

History. Acts 1975, No. 1001, §§ 1, 2; A.S.A. 1947, §§ 5-923n, 5-926; Acts 2019, No. 910, § 5702.

Amendments. The 2019 amendment inserted “Division of Arkansas Heritage” in (b).

Meaning of “this act”. Acts 1975, No. 1001, codified as §§ 25-3-101 — 25-3-104.

25-3-102. Creation — Director — Organization — Personnel.

There is created a Division of Arkansas Heritage.
1. The executive head of the division shall be the Director of the Division of Arkansas Heritage.
2. The director shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.
3. The director shall report to the Secretary of the Department of Parks, Heritage, and Tourism.
The director, with the advice and consent of the Governor and the secretary, shall appoint the heads of each of the programs and agencies of the division. All other personnel of the division shall be employed by and serve at the pleasure of the director. However, nothing in this section shall be so construed as to reduce any right which an employee of the division shall have under any civil service or merit system.
Each agency or program of the division shall be under the direction, control, and supervision of the division. The director may delegate his or her functions, powers, and duties to the head of any agency or program of the division as he or she shall deem desirable and necessary for the effective and efficient operation of the division.

History. Acts 1975, No. 1001, § 4; A.S.A. 1947, § 5-923; Acts 2019, No. 910, § 5703.

Publisher's Notes. Acts 1975, No. 1001, § 4, which enacted this section, created a Department of Arkansas Natural and Cultural Heritage. Acts 1985, No. 346, § 42, renamed the department as the Department of Arkansas Heritage.

Amendments. The 2019 amendment substituted “division” for “department” throughout the section; substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a); added the (b)(1) and (b)(2) designations; added (b)(3); substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b)(1); and inserted “and the secretary” in the first sentence of (c).

25-3-103. [Repealed.]

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;

Publisher's Notes. This section, concerning transfers into the Department of Arkansas Heritage, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 125. The section was derived from Acts 1975, No. 1001, § 3; A.S.A. 1947, § 5-924.

25-3-104. Arkansas Natural and Cultural Heritage Advisory Committee.

There is established an Arkansas Natural and Cultural Heritage Advisory Committee whose members shall consist of:
1. The Director of the Division of Arkansas Heritage;
2. The Director of the Arkansas Economic Development Commission;
3. The Director of State Highways and Transportation;
4. The Secretary of the Department of Health;
5. The Secretary of the Department of Parks, Heritage, and Tourism;
6. The Director of the Arkansas State Game and Fish Commission;
7. A person appointed by the Governor;
8. A person appointed by the President Pro Tempore of the Senate; and
9. A person appointed by the Speaker of the House of Representatives.
1. Except as provided in subdivision (b)(2) of this section, persons appointed to the committee by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall serve terms of three (3) years.
2. At the first meeting of the committee after the effective date of this act, members appointed to the committee by the Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate shall draw lots to stagger terms so that:
  1. One (1) member shall serve a term of one (1) year;
  2. One (1) member shall serve a term of two (2) years; and
  3. One (1) member shall serve a term of three (3) years.
The committee shall elect from its membership a chair and vice-chair.
A vacancy on the committee in the positions appointed by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall be filled by the appointing authority for the unexpired portion of the term in which it occurs.
A majority of the total membership of the committee constitutes a quorum.
Members of the committee appointed by the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives may receive expense reimbursement and stipends under § 25-16-901 et seq. as allowed by law.

History. Acts 1975, No. 1001, § 5; A.S.A. 1947, § 5-925; Acts 2011, No. 896, § 3; 2017, No. 707, § 287; 2019, No. 910, § 5704.

Amendments. The 2011 amendment rewrote the section.

The 2017 amendment substituted “The Director of State Highways and Transportation” for “The Director of the Arkansas State Highway and Transportation department” in (a)(3).

The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a)(1); deleted “Executive” preceding “Director” in (a)(2); substituted “Secretary of the Department of Health” for “Director of the Department of Health” in (a)(4); and substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(5).

25-3-105. Fees for publications, seminars, etc.

The Division of Arkansas Heritage through the Central Administration Division or any successor division is authorized to establish and impose reasonable fees to recover costs incurred in the preparation and distribution of educational published materials and in holding workshops and seminars and costs of other services rendered.
Funds derived from the fees shall be deposited in a bank account to be used to defray the initial costs of publishing additional educational publications and holding workshops and seminars.

History. Acts 1985, No. 346, § 39; A.S.A. 1947, § 5-923.2; Acts 2019, No. 910, § 5705.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage through the Central Administration Division” for “Department of Arkansas Heritage through its Central Administration Division” in (a).

25-3-106. Publication Development and Resale Revolving Fund.

There is established a fund to be known as the “Publication Development and Resale Revolving Fund” for the Division of Arkansas Heritage. This fund shall be located in the Central Administration Division of the Division of Arkansas Heritage and shall be managed by the Central Administration Division for the benefit of the various agencies located within the Division of Arkansas Heritage. This fund shall be a revolving fund.
Income derived from the sale of publications shall be deposited in the fund to be used to develop and purchase additional publications for resale.
Any funds remaining in the account from which the fund derives its support at the end of each fiscal year shall carry forward and be made available for the use prescribed in this section during the succeeding fiscal year.

History. Acts 1985, No. 346, § 41; A.S.A. 1947, § 5-923.4; Acts 2019, No. 910, § 5706.

Amendments. The 2019 amendment, in (a), substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in the first sentence, and, in the second sentence, substituted the first occurrence of “Division of Arkansas Heritage” for “Department of Arkansas Heritage”, substituted the second occurrence of “Central Administration Division” for “division”, and substituted the second occurrence of “Division of Arkansas Heritage” for “department”.

Cross References. Publication Development and Resale Revolving Fund, § 19-5-1001.

25-3-107. [Repealed.]

Publisher's Notes. This section, concerning restriction on printing expenditures, was repealed by Acts 2013, No. 1276, § 2 The section was derived from Acts 1989 (1st Ex. Sess.), No. 9, § 52.

25-3-108. Heritage foundation.

In addition to any other rights, powers, functions, and duties granted by law to the Division of Arkansas Heritage, the division is hereby authorized to promote and cooperate in the establishment of a heritage foundation under the Arkansas nonprofit corporation law, to share resources and facilities with the foundation, and to accept support and assistance in the form of money, property, or otherwise from the foundation to be used to preserve and promote the heritage of the state.
If a heritage foundation is established and the division shares resources or facilities with the foundation or accepts support and assistance from the foundation, the foundation shall annually file a report with the Governor, the Legislative Council, and the Legislative Joint Auditing Committee showing the amount and source of all gifts, grants, and donations of money or property received by the foundation and all expenditures or other dispositions of money or property by the foundation during the preceding year.
On or before July 1 of each fiscal year, the Director of the Division of Arkansas Heritage shall submit a plan to the Legislative Council reflecting the proposed uses of private funds for the ensuing fiscal year for its review and comment. No person over whom the division has day-to-day managerial control shall receive compensation or remuneration from funds not in the State Treasury.

History. Acts 1989 (1st Ex. Sess.) No. 9, §§ 49-51; 2019, No. 910, § 5707.

A.C.R.C. Notes. Former § 25-3-108, concerning the establishment and operation of a heritage foundation, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 547, §§ 45-47.

Amendments. The 2019 amendment substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (a) and (c); and substituted “division” for “department” throughout the section.

Cross References. Arkansas Nonprofit Corporation Act, § 4-28-201 et seq.

Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

25-3-109. [Repealed.]

Publisher's Notes. This section, concerning compensation for extra help, was repealed by Acts 1999, No. 1508, § 13. The section was derived from Acts 1995, No. 531, § 61.

Chapter 4 Division of Information Systems

Effective Dates. Acts 1977, No. 884, § 26: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that the establishment of a Department of Computer Services within the Executive Department of Government is necessary to ensure the most efficient use of data processing and telecommunications systems within State government. 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, 1977.”

Acts 1979, No. 796, § 9: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second 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, 1979 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, 1979, would work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1979, No. 820, § 4: Apr. 10, 1979. Emergency clause provided: “It has been found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1979, No. 951, § 1: Apr. 17, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that clarification of the purposes for which the Reserve for Equipment may be used and establishment of the Computer Services Reserve Fund are necessary for efficient use and administration of such accumulated funds. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1985, No. 463, § 4: Mar. 21, 1985. Emergency clause provided: “It is hereby found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities and post-secondary vocational-technical schools is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1997, No. 914, § 35: July 1, 1997. Emergency clause provided: “It is found and determined by the Eighty-First General Assembly that continuing advances in the field of communications and information technology make it necessary to establish a Department of Information Systems within the Executive Department of Government to better coordinate and utilize such technology; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2001, No. 1722, § 19: Apr. 17, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act 1042 of 2001 was enacted with an emergency clause; that this act makes changes to current law that are necessitated by Act 1042 of 2001; and that this law should become effective as soon as possible in order to complement and implement Act 1042 of 2001. 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. 1627, § 15: 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.”

Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

25-4-101. Title.

This chapter shall be known and cited as the “Arkansas Information Systems Act of 1997”.

History. Acts 1977, No. 884, § 1; A.S.A. 1947, § 5-1401; Acts 1997, No. 914, § 1.

25-4-102. Legislative findings and declaration of intent.

The General Assembly finds and declares information and information resources to be strategic assets of the State of Arkansas and that procedures must be established to ensure that:
1. Information resources are used in an efficient manner;
2. Resources of the Division of Information Systems are used unless an exception is authorized;
3. Information is administered and shared, consistent with requirements for security, privacy, and confidentiality;
4. Information technology acquisitions meet state needs and are consistent with coordinated efforts to maximize standardization and cost effectiveness;
5. State officials have timely access to information in useful forms; and
6. The division complies with applicable state and federal statutory and regulatory provisions.
The General Assembly further declares its intent to create a state agency division to:
1. Provide design and management services for the state's core information technology infrastructures;
2. Provide information technology services;
3. Implement appropriate technologies to exchange and share information; and
4. Develop technical standards and specifications and provide technical leadership and guidance to support the state's enterprise architecture.
It is also the intent of the General Assembly that the division achieve certain objectives that will better support information technology utilization by other state agencies. These objectives are to:
1. Implement increased capabilities for communication and exchange of information; and
2. Develop and publish mechanisms for more timely acquisition of information technology.
1. The General Assembly further finds and determines that:
  1. Information technology services are readily available in the private sector;
  2. The public interest would be well served by competition for the provision of such services to the state;
  3. Public-private partnerships or joint ventures for the provision of such services may be appropriate in certain instances; and
  4. Emphasis will be given to encouraging and enabling competition among:
    1. Suppliers of such services whenever possible in the administration of this chapter; and
    2. Women-owned and minority-owned suppliers of such services whenever possible in the administration of this chapter.
2. The division shall consider in the development of the division plan and the Joint Committee on Advanced Communications and Information Technology shall emphasize in its recommendations and policies the availability in the private sector of information technology resources upon a competitive bid basis with a view to assuring the state of the highest reasonable quality of resources at the lowest reasonable cost.
1. In exercising its authority under § 25-4-105, the division shall competitively procure information technology except as provided in this subsection.
2. The division is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers.
3. Customers of the division are not authorized to use information technology facilities and services provided by the division to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.

History. Acts 1977, No. 884, § 24; A.S.A. 1947, § 5-1417; Acts 1997, No. 914, § 2; 2001, No. 1722, § 1; 2005, No. 1999, § 1; 2007, No. 751, § 10; 2009, No. 648, § 1; 2019, No. 910, §§ 6255-6260.

Amendments. The 2009 amendment deleted “subject to the written approval of the Chief Fiscal Officer of the State” following “architecture” in (b)(4).

The 2019 amendment substituted “Resources of the Division of Information Systems” for “Departmental resources” in (a)(2); substituted “Division of Information Systems” for “Department of Information Systems” in (a)(6); inserted “division” in the introductory language of (b); and substituted “division” for “department” in the introductory language of (c), twice in (d)(2), and throughout (e).

25-4-103. Definitions.

As used in this chapter:

“Application” means a separately identifiable and interrelated set of information technology resources that allows information processing to support specifically defined objectives;
“Chief Technology Officer” means the Director of the Division of Information Systems;
“Core information technology infrastructure” means the state data, state network and application interfaces, state security, and disaster recovery;
“Customer” means a state agency, other governmental entity, or nongovernmental first responder entity that purchases or uses services under this chapter;
“Equipment” means the machines, devices, and transmission facilities used in information processing, including computers, word processors, terminals, telephones, cables, software, and related services;
“Information processing” means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;
“Information technology” means any component related to information processing and wired and wireless telecommunications, including data processing and telecommunications hardware, software, services, planning, personnel, facilities, and training;
“Information technology resources” means the procedures, equipment, and software that are designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and the associated personnel, including consultants and contractors;
“Network infrastructure” means the shared portions of the state's telecommunications transmission facilities, including all transmission lines and all associated equipment and software components necessary for the management and control of the state network;
“Nongovernmental first responder entity” means state and law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other emergencies;
“Other governmental entities” means state-elected constitutional officers and their staffs, the Supreme Court and the Administrative Office of the Courts, the General Assembly or its committees or staffs, the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, the federal government, cities, counties, municipalities, public school districts, and other publicly funded governmental entities;
“Project” means a program to apply information technology resources to functions within or among elements of a state agency that ideally is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding;
“Project management” means principles, practices, and techniques applied to lead projects and teams and the control of project schedules, costs, and performance risks with the goal of satisfying customers' requirements;
“Public instrumentality” means any statutorily created entity charged with the responsibility of providing information or services through the use of information technology;
“State agencies” means all state departments, boards, and commissions but shall not include the Office of the Arkansas Lottery, the elected constitutional officers and their staffs, the General Assembly and its committees and staffs, or the Supreme Court and the Administrative Office of the Courts, and public institutions of higher education with respect to academic, research, health care, and existing information technology applications and underlying support therefor;
“State enterprise architecture” means a description of the elements of business processes and supporting technologies, policies, standards, procedures, solutions, and infrastructures that:
1. Makes up an enterprise; and
2. Documents how the components described in this subdivision (16) relate to one another, and the principles that govern their design and evolution over time;
“Telecommunications” means all forms of communications devices and transport media for the conveyance by electronic or electrical means of voice, words, data, signals, or images; and
“Working group” means a group of subject matter experts convened for the purpose of collaborating and devising strategies.

History. Acts 1977, No. 884, § 2; A.S.A. 1947, § 5-1402; Acts 1997, No. 914, § 3; 2001, No. 1722, § 2; 2005, No. 1999, § 2; 2007, No. 751, § 11; 2009, No. 648, § 2; 2009, No. 1405, § 51; 2015, No. 218, § 29; 2017, No. 707, § 288; 2019, No. 910, § 6261.

Amendments. The 2009 amendment by No. 648 deleted (5), and redesignated the subsequent subdivisions accordingly; inserted “and other publicly funded governmental entities” in (12); rewrote (16); and made related changes.

The 2009 amendment by No. 1405 inserted “the Arkansas Lottery Commission” in (15).

The 2015 amendment substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (15).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (11).

The 2019 amendment substituted “Director of the Division of Information Systems” for “Director of the Department of Information Systems” in (2).

25-4-104. Division of Information Systems.

There is established within the Department of Transformation and Shared Services the Division of Information Systems.
1. The Division of Information Systems shall be headed by a director to be appointed by the Governor, subject to confirmation by the Senate in the manner provided by law, and shall serve at the pleasure of the Governor.
2. The Director of the Division of Information Systems shall be a person who, by education and training, has technical knowledge and management experience in information technology-related equipment, systems, and services.
3. The Director of the Division of Information Systems shall qualify by filing the oath of office required in the Arkansas Constitution with the Secretary of State.
The Director of the Division of Information Systems, in consultation with the Secretary of the Department of Transformation and Shared Services, may establish divisions and the organizational structure deemed necessary and appropriate for the efficient performance of the duties imposed under the provisions of this chapter, provided the organizational structure of the division shall conform to the positions authorized and limitations provided therefor in the biennial appropriation of the division.
The Director of the Division of Information Systems, in consultation with the Secretary of the Department of Transformation and Shared Services, shall appoint the deputy and division directors and the professional, technical, and clerical assistants and employees as necessary to perform the duties imposed by this chapter. All employees of the division shall be employed by the department and serve at the pleasure of the Secretary of the Department of Transformation and Shared Services.
The director shall report to the Secretary of the Department of Transformation and Shared Services any matters relating to abuses of this chapter.
The Director of the Division of Information Systems shall recommend statutory changes to the Secretary of the Department of Transformation and Shared Services.

History. Acts 1977, No. 884, § 3; A.S.A. 1947, § 5-1403; Acts 1997, No. 914, § 4; 2001, No. 1722, § 3; 2007, No. 751, § 12; 2019, No. 910, § 6262.

Amendments. The 2019 amendment substituted “Division of Information Systems” for “Department of Information Systems” in the section heading; rewrote (a); substituted “division” for “department” in (b)(1); substituted “Director of the Division of Information Systems” for “director” in (b)(2); in (c), inserted “in consultation with the Secretary of the Department of Transformation and Shared Services” and substituted “division” for “department” twice; in (d), inserted “in consultation with the secretary” in the first sentence and, in the second sentence, substituted the first instance of “division” for “department”, inserted “the department”, and substituted “secretary” for “director”; and substituted “secretary” for “Governor” in (e) and (f).

25-4-105. Division of Information Systems — General powers and duties.

1. The Division of Information Systems shall be vested with all the powers and duties necessary to administer the division and to enable it to carry out fully and effectively the rules and laws relating to the division.
2. The division's powers and duties relate to information technology and include without limitation:
  1. Conceptualizing, designing, developing, building, and maintaining common information technology infrastructure elements used by state agencies and governmental entities;
  2. Providing information technology services to state agencies, other governmental entities, nongovernmental first responder entities, and other quasi-governmental entities;
  3. Entering into contracts with state agencies, other governmental entities, and nongovernmental first responder entities for the purpose of providing information technology services;
  4. 1. Establishing fair and reasonable schedules of rates or fees to be paid by customers that are provided service to enable the division to recover all allowable costs of providing the services as provided in this chapter.
    2. The same rate or fee structure will apply to all customers receiving services;
  5. 1. Establishing estimated billing rates to be developed for a period to coincide with the budgeting process.
    2. The division shall have the authority to adjust billing as necessary to effect compliance with applicable state and federal statutory and regulatory provisions.
    3. Billing adjustments shall be subject to the approval of the Chief Fiscal Officer of the State and review by the Legislative Council;
  6. Acquiring information technology on behalf of state agencies, the cost of which shall be recovered through customer billings or through direct funding;
  7. Promulgating rules that are necessary for efficient administration and enforcement of the powers, functions, and duties of the division as provided in this chapter;
  8. Developing a division plan to support the goals and objectives set forth for it in the state information technology plans and strategies;
  9. Implementing systems to ensure the security of state data and state data processing assets, to provide for disaster recovery and continuity of operations to the state agencies served, and to recover its costs from the customers benefited;
  10. Performing any additional powers, functions, and duties that are necessary and appropriate for the proper administration of the provisions of this chapter;
  11. Providing a State Cyber Security Office to monitor information resource security issues, coordinating all security measures that could be used to protect resources by more than one (1) governmental entity, and acting as an information technology resource to other state agencies;
  12. Assisting in the development of an information technology security policy for state agencies;
  13. Developing the information technology security policy for state agencies;
  14. Advising agencies in acquiring information technology service;
  15. Developing the information technology policies, standards, and specifications for state agencies and ensuring agencies' compliance with those policies, procedures, and standards;
  16. Participating in the development of information technology state contracts, including without limitation the identification of requirements, contract negotiation, and vendor evaluation;
  17. With respect to their technology functions and applications, all state departments, boards, commissions, and public institutions of higher education, consulting and cooperating with the division in the formation and implementation of security policies for the state core information technology infrastructure;
  18. Developing a state information technology plan that shall establish a state-level mission, goals, and objectives for the use of information technology;
  19. Identifying and establishing information technology solutions that can support more than one (1) agency in providing governmental services;
  20. Advising agencies regarding information technology contracts and agreements;
  21. Developing policies to promote and facilitate electronic access to government information and interoperability of information systems; and
  22. Reviewing and approving agencies' information technology plans and requests.
This chapter shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of trustees of any institution of higher education under existing constitutional and statutory provisions.

History. Acts 1977, No. 884, § 5; A.S.A. 1947, § 5-1405; Acts 1997, No. 914, § 5; 2001, No. 1722, § 4; 2005, No. 1999, § 3; 2007, No. 751, § 13; 2009, No. 648, § 3; 2019, No. 315, § 2911; 2019, No. 910, §§ 6263-6267.

A.C.R.C. Notes. Acts 2013, No. 1201, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, the donation of gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment for the establishment, maintenance, operations, or improvement of broadband services, enhancements and grants.”

Acts 2013, No. 1443, § 75, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.”

Acts 2014, No. 217, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, the donation of gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment for the establishment, maintenance, operations, or improvement of broadband services, enhancements and grants.”

Acts 2014, No. 285, § 78, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.”

Acts 2015, No. 715, § 10, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“1. In order to effect compliance with the requirements of state and federal statutory and regulatory provisions, the Director shall adjust billing rates or issue billing adjustments to be federally compliant, notwithstanding the provisions of ACA § 25-4-105 and § 25-4-119 or funds sufficient to effect compliance shall be provided the Department from General Revenues, Special Revenues or such other fund sources as may become available. These actions shall be subject to the approval of the Chief Fiscal Officer of the State and approval by the Arkansas Legislative Council.

“2. The Director shall have authority to transfer funds between the Information Technology Reserve Fund established by ACA § 25-4-123 and the Department of Information Systems Revolving Fund established by ACA § 25-4-121 for cash management purposes.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that the Department of Information Systems may operate more efficiently if some flexibility is provided to the Department of Information Systems authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 715, § 11, provided: “GIFTS, GRANTS AND DONATIONS.

The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 1070, § 76, provided:

“INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 247, § 10, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 247, § 11, provided: “GIFTS, GRANTS AND DONATIONS. The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 251, § 76, provided: “INNOVATION AND PROJECT DEVELOPMENT FUND TRANSFERS. The Department of Information Systems is a cost recovery agency subject to the requirements of the United States Office of Management and Budget Circular A-87 Cost Principles for State, Local and Indian Tribal Government (A-87) and Cost Principles for Developing Cost Allocation Plans and Indirect Cost Rates for Agreements with the Federal Government Implementation Guide for the Office of Management and Budget Circular A-87 (ASMBC-10). To comply with these federal rules, it is necessary to establish an Innovation and Project Development appropriation and general revenue fund account within the Department of Finance and Administration Disbursing Officer for the Department of Information Systems. This fund shall be used for state enterprise innovation projects that would enhance the technology operations of the State that cannot be cost allocated to federal programs. The Department of Information Systems will maintain documentation for projects billed for these purposes. Fund transfers may be made from the General Revenue Fund Account, upon the approval of the Chief Fiscal Officer of the State and prior review of the Arkansas Legislative Council or Joint Budget Committee, to reimburse the Department of Information Systems for the amounts billed.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 900, § 9, provided: “COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Acts 2017, No. 900, § 10, provided: “GIFTS, GRANTS AND DONATIONS. (i) The Director may accept on behalf of the Department of Information Systems, from any source, funds including but not limited to special or general revenue, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment. (ii) The Department shall quarterly file with the Arkansas Legislative Council or Joint Budget Committee a report summarizing all funds, gifts, grants, cash, bequeaths, devices, donations, real or personal property and equipment received. (iii) The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2009 amendment subdivided the introductory language of (a); inserted “and other quasi-governmental entities” in (a)(2)(B); deleted “two-year” preceding “period” in (a)(2)(B)(i); deleted “and regulations” following “rules” in (a)(2)(G); substituted “Providing a State Cyber Security Office to monitor” for “Monitoring” in (a)(2)(K); rewrote (a)(2)(O); deleted “as requested by a state agency” following “contracts” in (a)(2)(P); substituted “Developing” for “Assisting in the development of” in (a)(2)(R); inserted (a)(2)(S) through (a)(2)(V); and made related and minor stylistic changes.

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(1).

The 2019 amendment by No. 910, in (a)(1), substituted “Division of Information Systems” for “Department of Information Systems” and “division” for “department” twice; substituted “division’s” for “department’s” in the introductory language in (a)(2); substituted “division” for “department” in (a)(2)(E)(ii) and (a)(2)(G); substituted “division plan” for “departmental plan” in (a)(2)(H); and substituted “Division of Information Systems” for “Department of Information Systems” in (a)(2)(Q).

25-4-106. Reporting requirements.

1. The Director of the Division of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology regarding the status of the Division of Information Systems' information technology responsibilities in state government.
2. The director may report any factors that are outside the scope of the division but are deemed to inhibit or to promote the division's responsibilities.
1. By October 31, January 31, April 30, and July 31 of each fiscal year, the director shall compile and submit a report to the:
  1. Legislative Council, if submitted between regular sessions of the General Assembly;
  2. Joint Budget Committee, if submitted during a session of the General Assembly; and
  3. Joint Committee on Advanced Communications and Information Technology.
2. The report shall:
  1. Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and
  2. Provide a full report of all corresponding recommendations made by the division to the requesting state agencies, boards, and commissions.
3. The report shall include:
  1. The name of the state agency, board, or commission requesting the advice;
  2. The name and scope of the project for which advice is being sought;
  3. The type of advice sought, for example, technical, product or service utilization, planning, implementation, installation, integration, or upgrades;
  4. A detailed explanation of all recommendations provided by the department;
  5. How the recommendation fits into the information technology plan of the agency, board, or commission;
  6. How the recommendation fits into the state's information technology plan and state enterprise architecture; and
  7. Other information as may be useful for policy making decisions by the Legislative Council or the Joint Committee on Advanced Communications and Information Technology.

History. Acts 1977, No. 884, § 6; A.S.A. 1947, § 5-1406; Acts 1997, No. 914, § 6; 2001, No. 1722, § 5; 2003, No. 1627, § 12; 2007, No. 751, § 14; 2009, No. 648, § 4; 2019, No. 910, §§ 6268, 6269.

A.C.R.C. Notes. Acts 2001, No. 1042, § 8, provided:

“The current Department of Information Systems Steering Committee and the Department of Information Systems Advisory Board are hereby abolished.”

Acts 2014, No. 217, § 9, provided: “REPORTING REQUIREMENTS.

“(a)(1) The Director of the Department of Information Systems will report periodically to the Joint Committee on Advanced Communications and Information Technology and the Executive Chief Information Officer regarding the status of the Department of Information Systems' information technology responsibilities in state government.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(A) Detail all requests from state agencies, boards, and commissions for advice regarding information technology planning, implementation, installation, rates or fees, utilization of products, services, and integrations or upgrades to be added to all existing technology plans; and

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.”

Acts 2015, No. 715, § 9, provided: “REPORTING REQUIREMENTS.

“(2) The director will forward to the joint committee any statutory changes that the department may recommend sufficiently in advance of the convening of the session of the General Assembly.

“(3) The director may report any factors that are outside the scope of the department but are deemed to inhibit or to promote the department's responsibilities.

“(b)(1) By October 31, January 31, April 30, and July 31 of each fiscal year, the Director of the Department Information Systems shall compile and submit a report to:

“(A) The Arkansas Legislative Council, if submitted between regular sessions of the General Assembly;

“(B) The Joint Budget Committee, if submitted during a session of the General Assembly; and

“(C) The Joint Committee on Advanced Communications and Information Technology.

“(2) The report shall:

“(B) Provide a full report of all corresponding recommendations made by the Department of Information Systems to the requesting state agencies, boards, and commissions.

“(3) The report shall include:

“(A) The name of the state agency, board, or commission requesting the advice;

“(B) The name and scope of the project for which advice is being sought;

“(C) The type of advice sought, for example: technical, product or service utilization, planning, implementation, installation, integration, or upgrades;

“(D) A detailed explanation of all recommendations provided by the Department of Information Systems;

“(E) How the recommendation fits into the information technology plan of the agency, board, or commission;

“(F) How the recommendation fits into the state's information technology plan and shared technical architecture; and

“(G) Other information as may be useful for policy making decisions by the Legislative Council or Joint Committee on Advanced Communications and Information Technology.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 247, § 9, provided: “REPORTING REQUIREMENTS.