Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1295 3
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By: Representatives Gazaway, M. Shepherd 5
By: Senators C. Tucker, J. Bryant 6
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For An Act To Be Entitled 8
AN ACT TO MAKE TECHN ICAL CORRECTIONS TO THE ARKANSAS 9
CODE CONCERNING ARKA NSAS REHABILITATION SERVICES; AND 10
FOR OTHER PURPOSES. 11
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Subtitle 14
TO MAKE TECHNICAL CORRECTIONS TO THE 15
ARKANSAS CODE CONCERNING ARKANSAS 16
REHABILITATION SERVICES. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 6 -52-105 is amended to correct an entity 22
name to read as follows: 23
6-52-105. Office facilities. 24
The Building Authority Division shall ensure that all offices of the 25
Arkansas Rehabilitation Services are exemplary models of accessibility and 26
conform to the ADA Standards for Accessible Design under the Americans with 27
Disabilities Act, 42 U.S.C. § 12101 et seq. 28
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SECTION 2. Arkansas Code § 15 -4-3704(b)(5) and (6), concerning the 30
makeup of the Arkansas Workforce Development Board, are amended to correct 31
references to read as follows: 32
(5) The Director Commissioner of Arkansas Rehabilitation 33
Services; 34
(6) The Director of the Division of State Services for the Blind 35
of the Department of Human Services ; 36 HB1295
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1
SECTION 3. Arkansas Code § 19 -6-482 is amended to correct an entity 2
name and to correct grammar to read as follows: 3
19-6-482. Telecommunications E quipment Fund. 4
The Telecommunications Equipment Fund shall consist of those special 5
revenues as specified in § 19 -6-301(129). The fund shall be used exclusively 6
by the Arkansas Rehabilitation Services to fund an equipment distribution 7
program for persons certified as deaf, hard of hearing, deaf and blind, or 8
speech-impaired as provided otherwise otherwise provided in § 20-79-401 et 9
seq. 10
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SECTION 4. Arkansas Code § 20 -3-104(b), concerning the cotrustees of 12
the Achieving a Better Life Experience Program Tr ust, is amended to correct a 13
reference to read as follows: 14
(b) The cotrustees of the trust shall be the Secretary of the 15
Department of Human Services, the Director Commissioner of Arkansas 16
Rehabilitation Services, and the Treasurer of State. 17
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SECTION 5. Arkansas Code § 20-3-105(a)(2), concerning membership on 19
the Achieving a Better Life Experience Program Committee, is amended to 20
correct a reference to read as follows: 21
(2) The Director Commissioner of Arkansas Rehabilitation 22
Services, or his or her d esignee; and 23
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SECTION 6. Arkansas Code § 20 -14-203(a), concerning ex officio members 25
of the Governor's Commission on People with Disabilities, is amended to 26
correct a reference to read as follows: 27
(a) The Director Commissioner of Arkansas Rehabilitat ion Services, the 28
director of the appropriate division as determined by the Secretary of the 29
Department of Commerce, and the Director of the Division of Workforce 30
Services or any director, commissioner, or administrator of successors' 31
agencies shall serve as ex officio members of the Governor's Commission on 32
People with Disabilities. 33
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SECTION 7. Arkansas Code § 20 -14-209(a), concerning administrative 35
support for the Governor's Commission on People with Disabilities, is amended 36 HB1295
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to correct a reference to r ead as follows: 1
(a) The appropriate division as determined by the Director 2
Commissioner of Arkansas Rehabilitation Services, the Secretary of the 3
Department of Commerce, or any other agency or division as the Governor shall 4
designate shall provide admini strative support to the Governor's Commission 5
on People with Disabilities. 6
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SECTION 8. Arkansas Code § 20 -15-603(b), concerning prior -year refunds 8
and contributions related to the State Kidney Disease Escrow Account, is 9
amended to correct an entity refe rence to read as follows: 10
(b) Whereas the current Department of Finance and Administration 11
accounting system will accept current -year refunds, credit the current -year 12
appropriation, and allow expenditure of the funds, the commission, 13
administered by the Arkansas Rehabilitation Services Department of Health , 14
may accept prior-year refunds and contributions and deposit the funds into 15
the agency cash fund in an account specifically identified as the State 16
Kidney Disease Escrow Account and disbursed for the pu rchase of additional 17
services for clients served by the commission. 18
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SECTION 9. Arkansas Code § 20 -79-102 is amended to correct references 20
to read as follows: 21
20-79-102. Caseworkers for the blind. 22
The deputy director Director of the appropriate division of the 23
Department of Human Services Division of State Services for the Blind is 24
authorized and empowered to employ caseworkers for the blind, prepare rules 25
governing personnel standards, define the duties of the caseworkers for the 26
blind, and make such other rules as may be necessary to carry out the purpose 27
purposes of this section. 28
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SECTION 10. Arkansas Code § 20 -79-203(12), concerning definitions 30
under the Rehabilitation Act of Arkansas, is amended to correct an entity 31
name to read as follows: 32
(12) “Service” means the Arkansas Rehabilitation Services 33
established by this subchapter; and 34
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SECTION 11. Arkansas Code § 20 -79-204 is amended to correct references 36 HB1295
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to read as follows: 1
20-79-204. Deputy director Commissioner. 2
(a) Arkansas Rehabilita tion Services shall be administered, under the 3
general supervision and direction of the Division of Workforce Services, by a 4
deputy director commissioner, appointed in accordance with established 5
personnel standards and on the basis of education, training, experience, and 6
demonstrated ability in the field of rehabilitation. 7
(b) In carrying out his or her duties under this subchapter, the 8
deputy director Commissioner of Arkansas Rehabilitation Services : 9
(1) Shall, with the approval of the Secretary of t he Department 10
of Commerce, prepare rules for promulgation by the appropriate division of 11
the department Department of Commerce governing personnel standards, the 12
protection of records and confidential information, the manner and form of 13
filing applications, eligibility, and investigation and determination 14
thereof, for rehabilitation services, procedures for fair hearings, and such 15
other rules as he or she finds necessary to carry out the purposes of this 16
subchapter, including the order to be followed in sel ecting those to whom 17
rehabilitation services are to be provided in situations where service cannot 18
be provided to all who are eligible for service; 19
(2) Shall, with the approval of the secretary, establish 20
appropriate subordinate administrative units wit hin Arkansas Rehabilitation 21
Services; 22
(3) Shall recommend to the secretary for appointment such 23
personnel as he or she deems necessary for the efficient performance of the 24
functions of Arkansas Rehabilitation Services; 25
(4) Shall prepare and submit to the secretary and the Governor 26
annual reports of activities and expenditures and, before each regular 27
session of the General Assembly, estimates of sums required to carry out this 28
subchapter, as well as estimates of the amounts to be made available for th is 29
purpose from all sources; 30
(5) Shall make certification for disbursement, in accordance 31
with rules, of funds available for carrying out the purposes of this 32
subchapter; and 33
(6) May, with the approval of the secretary, delegate to any 34
officer or employee of Arkansas Rehabilitation Services such of his or her 35
powers and duties, except the making of rules and the making of 36 HB1295
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recommendations for appointment of personnel, as he or she finds necessary to 1
carry out the purposes of this subchapter. 2
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SECTION 12. Arkansas Code § 20 -79-301(a), concerning membership of the 4
Technology Equipment Revolving Loan Fund Committee, is amended to correct 5
references to read as follows: 6
(a)(1) There is created the Technology Equipment Revolving Loan Fund 7
Committee, to be composed of nine (9) members, of which at least five (5) 8
members must be individuals with disabilities, to be appointed by the 9
Governor as follows: 10
(A) The Director Commissioner of the Arkansas 11
Rehabilitation Services; 12
(B) A representative of the banking industry; 13
(C) A representative of a disability -related consumer 14
organization; 15
(D) A certified public accountant; and 16
(E) Five (5) additional members appointed from the state 17
at large. 18
(2) The director commissioner shall be an ex officio member and 19
shall serve as Chair of the Technology Equipment Revolving Loan Fund 20
Committee, voting only in case of a tie vote. 21
(3) The committee shall elect from its membership a vice chair 22
and a secretary-treasurer. 23
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SECTION 13. Arkansas Code § 20 -79-303(c)(2), concerning required 25
actions on the recommendation of the Technology Equipment Revolving Loan 26
Committee, is amended to correct references to read as follows: 27
(2) The Director Commissioner of Arkansas Rehabilitation 28
Services must act on the recommendation of the committee within thirty (30) 29
days of the committee's recommendation or the recommendation of the committee 30
shall be final. 31
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SECTION 14. Arkansas Code § 20 -79-403 is amended to correct an entity 33
name to read as follows: 34
20-79-403. Ownership of equipment — Telecommunications Equipment Fund. 35
(a)(1) Equipment purchased under this subchapter shall remain the 36 HB1295
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property of the State of Arkansas for two (2) years and then become the 1
property of the recipient of the e quipment. 2
(2) A person who receives the equipment shall be responsible for 3
the maintenance of the equipment and liable to the Arkansas Rehabilitation 4
Services for the loss of or damage to the equipment. 5
(3) In the event of the death of an individual in possession of 6
the equipment, or should a person in possession of the equipment leave the 7
state, the equipment shall automatically revert to the possession of the 8
Arkansas Rehabilitation Services. 9
(b) Any money collected by the Arkansas Rehabilitation Services under 10
this section shall be deposited into the Telecommunications Equipment Fund. 11
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SECTION 15. Arkansas Code § 25 -10-110(b), concerning charges for 13
institutional services provided to members of the public, is amended to 14
correct references to rea d as follows: 15
(b) The Division of Aging, Adult, and Behavioral Health Services of 16
the Department of Human Services, Arkansas Rehabilitation Services, the 17
Division of Youth Services, and the Division of Developmental Disabilities 18
Services are permitted to charge for institutional services provided to 19
members of the public on an actual cost basis rather than on a per capita or 20
other basis. 21
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SECTION 16. Arkansas Code § 25 -10-204(a)(1), concerning powers and 23
duties of the Division of State Services for the Blind, is amended to correct 24
a reference and clarify language to read as follows: 25
(a)(1) The Division of State Services for the Blind within the 26
Department of Human Services Commerce is designated as the agency of the 27
State of Arkansas primarily responsi ble for carrying out state and federal 28
programs for rehabilitative social services or business enterprises for blind 29
and visually handicapped citizens of the state, including, but not limited 30
to, those programs and services established pursuant to the Reha bilitation 31
Act of 1973, as amended, Pub. L. No. 93 -112, and any subsequent legislation 32
to Pub. L. No. 93-112. The division, as the designated agency, shall receive 33
the full, complete, effective, and timely cooperation of any and all other 34
agencies, organizations, or offices receiving financial support by or through 35
the State of Arkansas, either directly or indirectly, and in any amount. 36 HB1295
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1
SECTION 17. Arkansas Code § 25 -30-201(a), concerning the policy and 2
scope of Arkansas Rehabilitation Services, is amen ded to correct an entity 3
name to read as follows: 4
(a) The policy and scope of the Arkansas Rehabilitation Services shall 5
be to provide increased employment of individuals with disabilities through 6
the provision of individualized training, independent liv ing services, 7
educational and support services, and meaningful opportunities for employment 8
in integrated work settings to maximize employment, economic self -9
sufficiency, independence, and inclusion and integration into society. 10
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SECTION 18. Arkansas Co de § 25-30-202(a), concerning the scope of 12
authority of Arkansas Rehabilitation Services, is amended to correct a 13
reference to read as follows: 14
(a) All authorities and responsibilities defined in the Rehabilitation 15
Act of Arkansas, § 20 -79-201 et seq., shall be administered by Arkansas 16
Rehabilitation Services under the direction of the Career Education and 17
Workforce Development Board Division of Workforce Services , except those 18
transferred to the Division of State Services for the Blind by § 25 -10-201 et 19
seq. 20
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SECTION 19. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 22
It is the intent of the General Assembly that: 23
(1) The enactment and adoption of this act shall not expressly 24
or impliedly repeal an act passed during the regular session of the N inety-25
Fourth General Assembly; 26
(2) To the extent that a conflict exists between an act of the 27
regular session of the Ninety -Fourth General Assembly and this act: 28
(A) The act of the regular session of the Ninety -Fourth 29
General Assembly shall be treated as a subsequent act passed by the General 30
Assembly for the purposes of: 31
(i) Giving the act of the regular session of the 32
Ninety-Fourth General Assembly its full force and effect; and 33
(ii) Amending or repealing the appropriate parts of 34
the Arkansas Code of 1987; and 35
(B) Section 1-2-107 shall not apply; and 36 HB1295
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(3) This act shall make only technical, not substantive, changes 1
to the Arkansas Code of 1987. 2
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