AR
Arkansas House Bill HB1295

Arkansas 2023 Regular Session

Arkansas House Bill HB1295 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 182 of the Regular Session
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54 State of Arkansas 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 HOUSE BILL 1295 3
87 4
98 By: Representatives Gazaway, M. Shepherd 5
109 By: Senators C. Tucker, J. Bryant 6
1110 7
1211 For An Act To Be Entitled 8
1312 AN ACT TO MAKE TECHN ICAL CORRECTIONS TO THE ARKANSAS 9
1413 CODE CONCERNING ARKA NSAS REHABILITATION SERVICES; AND 10
1514 FOR OTHER PURPOSES. 11
1615 12
1716 13
1817 Subtitle 14
1918 TO MAKE TECHNICAL CORRECTIONS TO THE 15
2019 ARKANSAS CODE CONCERNING ARKANSAS 16
2120 REHABILITATION SERVICES. 17
2221 18
2322 19
2423 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
2524 21
2625 SECTION 1. Arkansas Code § 6 -52-105 is amended to correct an entity 22
2726 name to read as follows: 23
2827 6-52-105. Office facilities. 24
2928 The Building Authority Division shall ensure that all offices of the 25
3029 Arkansas Rehabilitation Services are exemplary models of accessibility and 26
3130 conform to the ADA Standards for Accessible Design under the Americans with 27
3231 Disabilities Act, 42 U.S.C. § 12101 et seq. 28
3332 29
3433 SECTION 2. Arkansas Code § 15 -4-3704(b)(5) and (6), concerning the 30
3534 makeup of the Arkansas Workforce Development Board, are amended to correct 31
3635 references to read as follows: 32
3736 (5) The Director Commissioner of Arkansas Rehabilitation 33
3837 Services; 34
3938 (6) The Director of the Division of State Services for the Blind 35
4039 of the Department of Human Services ; 36 HB1295
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4544 1
4645 SECTION 3. Arkansas Code § 19 -6-482 is amended to correct an entity 2
4746 name and to correct grammar to read as follows: 3
4847 19-6-482. Telecommunications E quipment Fund. 4
4948 The Telecommunications Equipment Fund shall consist of those special 5
5049 revenues as specified in § 19 -6-301(129). The fund shall be used exclusively 6
5150 by the Arkansas Rehabilitation Services to fund an equipment distribution 7
5251 program for persons certified as deaf, hard of hearing, deaf and blind, or 8
5352 speech-impaired as provided otherwise otherwise provided in § 20-79-401 et 9
5453 seq. 10
5554 11
5655 SECTION 4. Arkansas Code § 20 -3-104(b), concerning the cotrustees of 12
5756 the Achieving a Better Life Experience Program Tr ust, is amended to correct a 13
5857 reference to read as follows: 14
5958 (b) The cotrustees of the trust shall be the Secretary of the 15
6059 Department of Human Services, the Director Commissioner of Arkansas 16
6160 Rehabilitation Services, and the Treasurer of State. 17
6261 18
6362 SECTION 5. Arkansas Code § 20-3-105(a)(2), concerning membership on 19
6463 the Achieving a Better Life Experience Program Committee, is amended to 20
6564 correct a reference to read as follows: 21
6665 (2) The Director Commissioner of Arkansas Rehabilitation 22
6766 Services, or his or her d esignee; and 23
6867 24
6968 SECTION 6. Arkansas Code § 20 -14-203(a), concerning ex officio members 25
7069 of the Governor's Commission on People with Disabilities, is amended to 26
7170 correct a reference to read as follows: 27
7271 (a) The Director Commissioner of Arkansas Rehabilitat ion Services, the 28
7372 director of the appropriate division as determined by the Secretary of the 29
7473 Department of Commerce, and the Director of the Division of Workforce 30
7574 Services or any director, commissioner, or administrator of successors' 31
7675 agencies shall serve as ex officio members of the Governor's Commission on 32
7776 People with Disabilities. 33
7877 34
7978 SECTION 7. Arkansas Code § 20 -14-209(a), concerning administrative 35
8079 support for the Governor's Commission on People with Disabilities, is amended 36 HB1295
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8584 to correct a reference to r ead as follows: 1
8685 (a) The appropriate division as determined by the Director 2
8786 Commissioner of Arkansas Rehabilitation Services, the Secretary of the 3
8887 Department of Commerce, or any other agency or division as the Governor shall 4
8988 designate shall provide admini strative support to the Governor's Commission 5
9089 on People with Disabilities. 6
9190 7
9291 SECTION 8. Arkansas Code § 20 -15-603(b), concerning prior -year refunds 8
9392 and contributions related to the State Kidney Disease Escrow Account, is 9
9493 amended to correct an entity refe rence to read as follows: 10
9594 (b) Whereas the current Department of Finance and Administration 11
9695 accounting system will accept current -year refunds, credit the current -year 12
9796 appropriation, and allow expenditure of the funds, the commission, 13
9897 administered by the Arkansas Rehabilitation Services Department of Health , 14
9998 may accept prior-year refunds and contributions and deposit the funds into 15
10099 the agency cash fund in an account specifically identified as the State 16
101100 Kidney Disease Escrow Account and disbursed for the pu rchase of additional 17
102101 services for clients served by the commission. 18
103102 19
104103 SECTION 9. Arkansas Code § 20 -79-102 is amended to correct references 20
105104 to read as follows: 21
106105 20-79-102. Caseworkers for the blind. 22
107106 The deputy director Director of the appropriate division of the 23
108107 Department of Human Services Division of State Services for the Blind is 24
109108 authorized and empowered to employ caseworkers for the blind, prepare rules 25
110109 governing personnel standards, define the duties of the caseworkers for the 26
111110 blind, and make such other rules as may be necessary to carry out the purpose 27
112111 purposes of this section. 28
113112 29
114113 SECTION 10. Arkansas Code § 20 -79-203(12), concerning definitions 30
115114 under the Rehabilitation Act of Arkansas, is amended to correct an entity 31
116115 name to read as follows: 32
117116 (12) “Service” means the Arkansas Rehabilitation Services 33
118117 established by this subchapter; and 34
119118 35
120119 SECTION 11. Arkansas Code § 20 -79-204 is amended to correct references 36 HB1295
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125124 to read as follows: 1
126125 20-79-204. Deputy director Commissioner. 2
127126 (a) Arkansas Rehabilita tion Services shall be administered, under the 3
128127 general supervision and direction of the Division of Workforce Services, by a 4
129128 deputy director commissioner, appointed in accordance with established 5
130129 personnel standards and on the basis of education, training, experience, and 6
131130 demonstrated ability in the field of rehabilitation. 7
132131 (b) In carrying out his or her duties under this subchapter, the 8
133132 deputy director Commissioner of Arkansas Rehabilitation Services : 9
134133 (1) Shall, with the approval of the Secretary of t he Department 10
135134 of Commerce, prepare rules for promulgation by the appropriate division of 11
136135 the department Department of Commerce governing personnel standards, the 12
137136 protection of records and confidential information, the manner and form of 13
138137 filing applications, eligibility, and investigation and determination 14
139138 thereof, for rehabilitation services, procedures for fair hearings, and such 15
140139 other rules as he or she finds necessary to carry out the purposes of this 16
141140 subchapter, including the order to be followed in sel ecting those to whom 17
142141 rehabilitation services are to be provided in situations where service cannot 18
143142 be provided to all who are eligible for service; 19
144143 (2) Shall, with the approval of the secretary, establish 20
145144 appropriate subordinate administrative units wit hin Arkansas Rehabilitation 21
146145 Services; 22
147146 (3) Shall recommend to the secretary for appointment such 23
148147 personnel as he or she deems necessary for the efficient performance of the 24
149148 functions of Arkansas Rehabilitation Services; 25
150149 (4) Shall prepare and submit to the secretary and the Governor 26
151150 annual reports of activities and expenditures and, before each regular 27
152151 session of the General Assembly, estimates of sums required to carry out this 28
153152 subchapter, as well as estimates of the amounts to be made available for th is 29
154153 purpose from all sources; 30
155154 (5) Shall make certification for disbursement, in accordance 31
156155 with rules, of funds available for carrying out the purposes of this 32
157156 subchapter; and 33
158157 (6) May, with the approval of the secretary, delegate to any 34
159158 officer or employee of Arkansas Rehabilitation Services such of his or her 35
160159 powers and duties, except the making of rules and the making of 36 HB1295
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165164 recommendations for appointment of personnel, as he or she finds necessary to 1
166165 carry out the purposes of this subchapter. 2
167166 3
168167 SECTION 12. Arkansas Code § 20 -79-301(a), concerning membership of the 4
169168 Technology Equipment Revolving Loan Fund Committee, is amended to correct 5
170169 references to read as follows: 6
171170 (a)(1) There is created the Technology Equipment Revolving Loan Fund 7
172171 Committee, to be composed of nine (9) members, of which at least five (5) 8
173172 members must be individuals with disabilities, to be appointed by the 9
174173 Governor as follows: 10
175174 (A) The Director Commissioner of the Arkansas 11
176175 Rehabilitation Services; 12
177176 (B) A representative of the banking industry; 13
178177 (C) A representative of a disability -related consumer 14
179178 organization; 15
180179 (D) A certified public accountant; and 16
181180 (E) Five (5) additional members appointed from the state 17
182181 at large. 18
183182 (2) The director commissioner shall be an ex officio member and 19
184183 shall serve as Chair of the Technology Equipment Revolving Loan Fund 20
185184 Committee, voting only in case of a tie vote. 21
186185 (3) The committee shall elect from its membership a vice chair 22
187186 and a secretary-treasurer. 23
188187 24
189188 SECTION 13. Arkansas Code § 20 -79-303(c)(2), concerning required 25
190189 actions on the recommendation of the Technology Equipment Revolving Loan 26
191190 Committee, is amended to correct references to read as follows: 27
192191 (2) The Director Commissioner of Arkansas Rehabilitation 28
193192 Services must act on the recommendation of the committee within thirty (30) 29
194193 days of the committee's recommendation or the recommendation of the committee 30
195194 shall be final. 31
196195 32
197196 SECTION 14. Arkansas Code § 20 -79-403 is amended to correct an entity 33
198197 name to read as follows: 34
199198 20-79-403. Ownership of equipment — Telecommunications Equipment Fund. 35
200199 (a)(1) Equipment purchased under this subchapter shall remain the 36 HB1295
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205204 property of the State of Arkansas for two (2) years and then become the 1
206205 property of the recipient of the e quipment. 2
207206 (2) A person who receives the equipment shall be responsible for 3
208207 the maintenance of the equipment and liable to the Arkansas Rehabilitation 4
209208 Services for the loss of or damage to the equipment. 5
210209 (3) In the event of the death of an individual in possession of 6
211210 the equipment, or should a person in possession of the equipment leave the 7
212211 state, the equipment shall automatically revert to the possession of the 8
213212 Arkansas Rehabilitation Services. 9
214213 (b) Any money collected by the Arkansas Rehabilitation Services under 10
215214 this section shall be deposited into the Telecommunications Equipment Fund. 11
216215 12
217216 SECTION 15. Arkansas Code § 25 -10-110(b), concerning charges for 13
218217 institutional services provided to members of the public, is amended to 14
219218 correct references to rea d as follows: 15
220219 (b) The Division of Aging, Adult, and Behavioral Health Services of 16
221220 the Department of Human Services, Arkansas Rehabilitation Services, the 17
222221 Division of Youth Services, and the Division of Developmental Disabilities 18
223222 Services are permitted to charge for institutional services provided to 19
224223 members of the public on an actual cost basis rather than on a per capita or 20
225224 other basis. 21
226225 22
227226 SECTION 16. Arkansas Code § 25 -10-204(a)(1), concerning powers and 23
228227 duties of the Division of State Services for the Blind, is amended to correct 24
229228 a reference and clarify language to read as follows: 25
230229 (a)(1) The Division of State Services for the Blind within the 26
231230 Department of Human Services Commerce is designated as the agency of the 27
232231 State of Arkansas primarily responsi ble for carrying out state and federal 28
233232 programs for rehabilitative social services or business enterprises for blind 29
234233 and visually handicapped citizens of the state, including, but not limited 30
235234 to, those programs and services established pursuant to the Reha bilitation 31
236235 Act of 1973, as amended, Pub. L. No. 93 -112, and any subsequent legislation 32
237236 to Pub. L. No. 93-112. The division, as the designated agency, shall receive 33
238237 the full, complete, effective, and timely cooperation of any and all other 34
239238 agencies, organizations, or offices receiving financial support by or through 35
240239 the State of Arkansas, either directly or indirectly, and in any amount. 36 HB1295
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246245 SECTION 17. Arkansas Code § 25 -30-201(a), concerning the policy and 2
247246 scope of Arkansas Rehabilitation Services, is amen ded to correct an entity 3
248247 name to read as follows: 4
249248 (a) The policy and scope of the Arkansas Rehabilitation Services shall 5
250249 be to provide increased employment of individuals with disabilities through 6
251250 the provision of individualized training, independent liv ing services, 7
252251 educational and support services, and meaningful opportunities for employment 8
253252 in integrated work settings to maximize employment, economic self -9
254253 sufficiency, independence, and inclusion and integration into society. 10
255254 11
256255 SECTION 18. Arkansas Co de § 25-30-202(a), concerning the scope of 12
257256 authority of Arkansas Rehabilitation Services, is amended to correct a 13
258257 reference to read as follows: 14
259258 (a) All authorities and responsibilities defined in the Rehabilitation 15
260259 Act of Arkansas, § 20 -79-201 et seq., shall be administered by Arkansas 16
261260 Rehabilitation Services under the direction of the Career Education and 17
262261 Workforce Development Board Division of Workforce Services , except those 18
263262 transferred to the Division of State Services for the Blind by § 25 -10-201 et 19
264263 seq. 20
265264 21
266265 SECTION 19. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 22
267266 It is the intent of the General Assembly that: 23
268267 (1) The enactment and adoption of this act shall not expressly 24
269268 or impliedly repeal an act passed during the regular session of the N inety-25
270269 Fourth General Assembly; 26
271270 (2) To the extent that a conflict exists between an act of the 27
272271 regular session of the Ninety -Fourth General Assembly and this act: 28
273272 (A) The act of the regular session of the Ninety -Fourth 29
274273 General Assembly shall be treated as a subsequent act passed by the General 30
275274 Assembly for the purposes of: 31
276275 (i) Giving the act of the regular session of the 32
277276 Ninety-Fourth General Assembly its full force and effect; and 33
278277 (ii) Amending or repealing the appropriate parts of 34
279278 the Arkansas Code of 1987; and 35
280279 (B) Section 1-2-107 shall not apply; and 36 HB1295
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285284 (3) This act shall make only technical, not substantive, changes 1
286285 to the Arkansas Code of 1987. 2
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