Stricken language would be deleted from and underlined language would be added to present law.
*MLD125* 3/2/2023 11:49:19 AM MLD125
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 356 3
4
By: Senators J. English, K. Hammer 5
By: Representatives Cavenaugh, Vaught 6
7
For An Act To Be Entitled 8
AN ACT TO ABOLISH IN ACTIVE STATE ENTITIE S; TO AMEND 9
THE LAW CONCERNING T HE REPORTING OF BOAR DS AND 10
COMMISSIONS; TO DECL ARE AN EMERGENCY; AN D FOR OTHER 11
PURPOSES. 12
13
14
Subtitle 15
TO ABOLISH INACTIVE STATE ENTITIES; TO 16
AMEND THE LAW CONCERNING THE REPORTING OF 17
BOARDS AND COMMISSIONS; AND TO DECLARE AN 18
EMERGENCY. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. DO NOT CODIFY. Abolition of state entities, boards and 24
commissions – Legislative findings. 25
(a) The General Assembly finds that the following state entities are 26
no longer active and are abolished: 27
(1) Arkansas Commission on Eye and Vision Care of School -Age 28
Children, created under § 6 -18-1802; 29
(2) Board of Advisors to Arkansas State University -Searcy, 30
created under § 6-56-103; 31
(3) Youth Justice Reform Board, created under § 9 -28-1201; 32
(4) Arkansas Statewide Energy Consortium, created under § 6 -61-33
1501; 34
(5) Electrical Energy Advancement Program F und Board, created 35
under § 6-61-1502; 36 SB356
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(6) Academic Facilities Oversight Committee, created § 10 -3-1
2201; 2
(7) Records Retention Committee, created under § 13 -4-203; 3
(8) Arkansas Delta Music Commission, created under § 13 -15-201; 4
(9) The Arkansas Housing Trust Fund Advisory Committee, created 5
under § 15-5-1706; 6
(10) Nongame Preservation Committee, created under § 15 -45-302; 7
(11) Medication Assistive Person Advisory Committee, created 8
under § 17-87-710; 9
(12) State Board of Disease Intervention Specialists, created 10
under § 17-98-201; 11
(13) Electrical Energy Advancement Program Fund, created under § 12
19-5-1248; 13
(14) Palliative Care and Quality of Life Interdisciplinary Task 14
Force, created under § 20 -8-702; 15
(15) Executive Board of the Governor's Commission on People with 16
Disabilities, created under § 20 -14-207; 17
(16) Arkansas Suicide Prevention Council, created under § 20 -45-18
302; 19
(17) Children's Behavioral Health Care Commission, created under 20
§ 20-47-704; 21
(18) Healthcare Quality and Payment Policy Advisory Committee, 22
created under § 20-77-2203; 23
(19) Suggestion Award Board, created under § 21 -11-105; 24
(20) Lottery Retailer Advisory Board, created under § 23 -115-25
204; 26
(21) Arkansas Natural and Cultural Heritage Advisory Committee, 27
created under § 25-3-104; and 28
(22) State Technology Council, created under § 25 -33-101. 29
(b) Any funds, personal property, or real property of an entity under 30
subsection (a) of this section shall be transferred to the Department of 31
Finance and Administration. 32
(c) The terms of all members appointed to an entity under subsection 33
(a) of this section shall end on the effective date of this act. 34
35
SECTION 2. Arkansas Code § 6 -18-1501(b), concerning vision screenings, 36 SB356
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is amended to read as follows: 1
(b) The Division of Elementary and Secondary Education , in conjunction 2
with the Arkansas Commission on Eye and Vision Care of School -Age Children, 3
shall adopt rules to establish the tests, procedures, equipment, and 4
instruments that shall be used to perform eye and vision screenings. 5
6
SECTION 3. Arkansas Code § 6 -18-1503(a), concerning standardized forms 7
for eye and vision screening reports, is am ended to read as follows: 8
(a) Standardized forms for eye and vision screening reports shall be 9
developed by the Division of Elementary and Secondary Education in 10
conjunction with the Arkansas Commission on Eye and Vision Care of School -Age 11
Children and adopted by the division in rules promulgated under the Arkansas 12
Administrative Procedure Act, § 25 -15-201 et seq. 13
14
SECTION 4. Arkansas Code § 6 -18-1504 is amended to read as follows: 15
6-18-1504. Training. 16
The Division of Elementary and Secondary Educatio n, in conjunction with 17
the Arkansas Commission on Eye and Vision Care of School -Age Children, shall 18
adopt rules that establish standards for training school nurses to perform 19
eye and vision screenings. 20
21
SECTION 5. Arkansas Code § 6 -18-1802 is repealed. 22
6-18-1802. Arkansas Commission on Eye and Vision Care of School -Age 23
Children. 24
(a)(1) There is established the Arkansas Commission on Eye and Vision 25
Care of School-Age Children to be composed of seventeen (17) members. 26
(2) The following members shall b e appointed by the Governor: 27
(A) Four (4) optometrists; 28
(B) Two (2) ophthalmologists; 29
(C) One (1) pediatrician; 30
(D) One (1) school nurse who is currently working in a 31
public elementary school in this state; 32
(E) One (1) person currently working as a principal in a 33
public elementary school in this state; and 34
(F) One (1) person currently working as a classroom 35
teacher in a public elementary school in this state. 36 SB356
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(3) The following members shall be appointed by the Speaker of the 1
House of Representatives: 2
(A) One (1) family practice physician; and 3
(B) One (1) principal of a public elementary school. 4
(4) The following members shall be appointed by the President Pro 5
Tempore of the Senate: 6
(A) One (1) family practice physician; a nd 7
(B) One (1) teacher in a public elementary school. 8
(5) The Chair of the House Committee on Public Health, Welfare, and 9
Labor shall appoint one (1) member who has a child in a public school in this 10
state. 11
(6) The Chair of the Senate Committee on Public Health, Welfare, and 12
Labor shall appoint one (1) member who has a child in a public school in this 13
state. 14
(7) The optometrist serving on the State Board of Health shall also be 15
a member of the board and shall serve as a liaison to the Department o f 16
Health. 17
(b)(1) The Governor shall designate one (1) of the optometrist 18
appointees to serve as chair of the commission. 19
(2) The members of the commission shall select from their 20
membership a vice chair, a secretary, and a treasurer. 21
(c) The first meeting shall be held within thirty (30) days of the 22
appointment of the members by the Governor, and shall be called by the chair. 23
(d)(1) A majority of the membership of the commission shall constitute 24
a quorum. 25
(2) A majority vote of those members pr esent shall be required 26
for any action of the commission. 27
(e) Vacancies shall be filled for the unexpired portion of the term in 28
the same manner as is provided in this section for initial appointments. 29
(f) To the extent that moneys are made available f or that purpose, the 30
members of the commission may receive expense reimbursement in accordance 31
with § 25-16-902. 32
33
SECTION 6. Arkansas Code § 6 -18-1803 is repealed. 34
6-18-1803. Duties. 35
(a) The Arkansas Commission on Eye and Vision Care of School -Age 36 SB356
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Children shall: 1
(1) Study the eye and vision needs of the school -age children of 2
Arkansas; 3
(2) Study and evaluate vision screening programs in the schools, 4
and their effectiveness; 5
(3) Study and evaluate whether children are receiving adequate 6
eye and vision care, and correction of vision problems; 7
(4) Study the effects of inadequate vision on the performance of 8
children in the classroom; and 9
(5) Continue to develop a strategic statewide plan to ensure 10
adequate eye and vision care of school -age children. 11
(b) The commission and the Division of Elementary and Secondary 12
Education shall report their findings and updates to the Governor, the 13
Legislative Council, and the House Committee on Public Health, Welfare, and 14
Labor and the Senate Committee on Public Health, Welfare, and Labor annually. 15
(c)(1) The commission may accept any and all donations, grants of 16
money, gifts, appropriations, instruments, equipment, supplies, materials, 17
and services, conditional or otherwise, from private sources, from m unicipal 18
and county governments, from the state, and from the United States 19
Government. 20
(2) The commission may use any of its resources to further the 21
commission's purposes and functions. 22
(3) All moneys collected under this section shall be deposited 23
into a cash fund within the State Treasury to be maintained by the division. 24
(d) The commission shall develop criteria for the distribution of 25
commission resources to individuals and school districts in need of financial 26
or other assistance necessary to satisfy the requirements of §§ 6 -18-1501 — 27
6-18-1506. 28
(e)(1) In conjunction with the division, the commission shall develop 29
criteria for passage or failure of a vision screening and criteria for 30
referral for a comprehensive eye examination. 31
(2) The division shall adopt the criteria as rules promulgated 32
under the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 33
(f) In conjunction with the division, the commission shall develop 34
standardized forms to be used with regard to conducting and repo rting the 35
results of eye and vision screenings. 36 SB356
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(g) The commission and the division shall evaluate and approve the 1
vision screening instruments, equipment, and other testing items that are 2
used to conduct the eye and vision screenings. 3
(h) The commission shall conduct a pilot study to evaluate the pre - 4
and post-performance test scores of school children who have been screened 5
and referred for vision problems. The study shall encompass rural, urban, and 6
Empowerment-Zone school systems. 7
8
SECTION 7. Arkansas Code § 6-21-112(f)(1), concerning the Division of 9
Public School Academic Facilities and Transportation, is repealed. 10
(1) Provide information or assistance to the Academic Facilities 11
Oversight Committee as requested; 12
13
SECTION 8. Arkansas Code § 6 -21-112(f)(2), concerning the Division of 14
Public School Academic Facilities and Transportation, is amended to read as 15
follows: 16
(2) Use recommendations or assessments of the Academic 17
Facilities Oversight Committee or the General Assembly as a basis for 18
establishing the policies and procedures of the Division of Public School 19
Academic Facilities and Transportation; 20
21
SECTION 9. Arkansas Code § 6 -21-112(f)(15)(A), concerning the 22
Division of Public School Academic Facilities and Transportation, is amended 23
to read as follows: 24
(15)(A) Report by October 1 of each year to the Governor, the 25
House Committee on Education, and the Senate Committee on Education , and the 26
Academic Facilities Oversight Committee on the status of implementation of 27
the Arkansas Public School Academic Facilities Program Act, § 6 -21-801 et 28
seq. 29
30
SECTION 10. Arkansas Code § 6 -21-112(f)(16), concerning the Division 31
of Public School Academic Facilities and Transportation, is amended t o read 32
as follows: 33
(16) Report by October 1 of each even -numbered year to the 34
Governor, the House Committee on Education, and the Senate Committee on 35
Education, and the Academic Facilities Oversight Committee on the state 36 SB356
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academic facilities master plan ; 1
2
SECTION 11. Arkansas Code § 6 -21-114(1), concerning the creation of 3
the Commission for Arkansas Public School Academic Facilities and 4
Transportation, is amended to read as follows: 5
(f) The commission shall report annually on its activities to the 6
President Pro Tempore of the Senate, the Speaker of the House of 7
Representatives, the Governor, the House Committee on Education, the Senate 8
Committee on Education, and the State Board of Education , and the Academic 9
Facilities Oversight Committee . 10
11
SECTION 12. Arkansas Code § 6 -21-811(l), concerning the Academic 12
Facilities Distress Program, is amended to read as follows: 13
(l) The commission in conjunction with the Academic Facilities 14
Oversight Committee shall: 15
(1) Reexamine the role and function of the State Facility 16
Assessment of 2004; 17
(2) Assess the progress made by the state in the mandates of the 18
Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 19
91 S.W.3d 472 (2002); and 20
(3) Make needed changes in the implementation of the academic 21
facilities program by modifying the commission's rules. 22
23
SECTION 13. Arkansas Code § 6 -56-103 is repealed. 24
6-56-103. Board of advisors. 25
(a) The Foothills Technical Institute Board of Directors shall become 26
the Board of Advisors to Arkansas State University -Searcy, a technical campus 27
of Arkansas State University -Beebe. The directors on June 30, 2003, shall 28
continue their terms as members of the advisory board. 29
(b)(1) The Arkansas State University -Searcy local board of advisors 30
will be appointed or reappointed by the President of the Arkansas State 31
University system upon recommendations presented by the Chancellor for 32
Arkansas State University -Beebe and the Vice Chancellor of Arkansas State 33
University-Searcy. 34
(2) Appointment shall be for a term of five (5) years and for no 35
more than two (2) consecutive terms. 36 SB356
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1
SECTION 14. Arkansas Code Title 6, Chapter 61, Subchapter 15, is 2
repealed. 3
6-61-1501. Arkansas Statewide Energy Consortium. 4
(a) There is created the Arkansas Statewide E nergy Consortium 5
consisting of the: 6
(1) University of Arkansas, Fayetteville; 7
(2) University of Arkansas, Little Rock; and 8
(3) Arkansas State University, Jonesboro. 9
(b)(1) The consortium shall be headquartered at the University of 10
Arkansas, Fayetteville, National Center for Reliable Electric Power 11
Transmission. 12
(2) The University of Arkansas, Fayetteville, shall administer 13
the Electrical Energy Advancement Program Fund. 14
15
6-61-1502. Electrical Energy Advancement Program Fund Board. 16
(a) The Electrical Energy Advancement Program Fund Board is created to 17
make recommendations to the Arkansas Statewide Energy Consortium regarding 18
the allocation of funds for the programs approved under this subchapter. 19
(b) The board is composed of fifteen (15 ) members as follows: 20
(1)(A) The Executive Director of the National Center for 21
Reliable Electric Power Transmission or the executive director's designee, 22
who shall serve as chair of the board and represent the University of 23
Arkansas at Fayetteville. 24
(B) The chair shall be a regular voting member with one 25
(1) vote; 26
(2) Seven (7) of the members from the private electrical energy 27
sector; 28
(3) Three (3) of the members from the United States Department 29
of Energy national laboratories; 30
(4) One (1) member who is designated by Arkansas State 31
University; 32
(5) One (1) member who is designated by the University of 33
Arkansas at Little Rock; 34
(6) The Director of the Arkansas Economic Development Commission 35
or his or her designee; and 36 SB356
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(7) One (1) member who is designated by the Arkansas Public 1
Service Commission. 2
(c)(1) Each private electrical energy sector member of the board 3
shall: 4
(A)(i) Be from an organization that is: 5
(a) Involved in the generation, transmission, 6
or distribution of electricity; or 7
(b) Engaged in the design or manufacturing of 8
electrical equipment for the generation, transmission, distribution, or power 9
conversion of electricity including electrified transportation. 10
(ii) An individual under this subdivision (c)(1)(A) 11
shall have experience managing an organization that meets the description of 12
this subdivision (c)(1)(A); and 13
(B) Have obtained at least an undergraduate degree from a 14
four-year institution of higher education in science or engineering. 15
(2) Each national laboratory member of the board shall: 16
(A) Be from a national laboratory group directly involved 17
in the research and development of advanced technologies for the electric 18
power grid; and 19
(B) Have obtained at least an undergraduate de gree from a 20
four-year institution of higher education in science or engineering. 21
(d)(1) The chair shall seek nominations for the initial list of 22
private electrical energy sector and national laboratory board members from: 23
(A) Each member of the board who is not from the private 24
electrical energy sector or a national laboratory; and 25
(B) The Governor. 26
(2) From the recommendations, the chair will nominate the 27
initial private electrical energy sector and national laboratory board 28
members to the balance of the board for consideration and appointment to the 29
board. 30
(e)(1) Except for the initial terms identified under this subsection, 31
each private electrical energy sector and national laboratory board member 32
shall serve a four-year term, with a maximu m of two (2) consecutive four -year 33
terms. 34
(2) The initial terms of the private electrical energy sector 35
board members shall be as follows: 36 SB356
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(A) One (1) member shall serve a one -year term; 1
(B) Two (2) members shall serve a two -year term; 2
(C) Two (2) members shall serve a three -year term; and 3
(D) Two (2) members shall serve a four -year term. 4
(3) The initial terms of the national laboratory board members 5
shall be as follows: 6
(A) One (1) member shall serve a two -year term; 7
(B) One (1) member shall serve a three -year term; and 8
(C) One (1) member shall serve a four -year term. 9
(4) The chair shall determine the terms of the initial private 10
and national laboratory members of the board. 11
(5) Each member may be reappointed from tim e to time thereafter 12
to serve no more than a maximum of eight (8) consecutive years including his 13
or her initial term. 14
(f) Successors to the initial private electrical energy sector and 15
national laboratory board members shall be nominated by the chair up on 16
recommendation by the board. 17
(g) Members of the board who are not private electrical energy sector 18
or national laboratory board members shall serve at the pleasure of the 19
entities where they are employed. 20
(h)(1) The chair shall call the first meetin g of the board not less 21
than three (3) months after funding is received in the Electrical Energy 22
Advancement Program Fund. 23
(2) Subsequent meetings shall be held on the call of the chair 24
and shall convene at the National Center for Reliable Electric Powe r 25
Transmission. 26
(i) A quorum shall consist of not less than a majority of the voting 27
membership of the board, and the affirmative vote of that number is necessary 28
for the disposition of the board's business. 29
(j)(1) Members of the board shall receive no pay for services with 30
respect to attendance at each regular or special meeting of the board. 31
(2)(A) However, if funds are appropriated for the purpose and 32
subject to board approval, members are entitled to reimbursement under § 25 -33
16-902 for each day the board is in session. 34
(B) Reimbursement is in an amount equal to the maximum 35
daily allowance for meals and lodging paid as provided by law to a state 36 SB356
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employee for in-state travel plus mileage at the rate per mile provided by 1
law for the reimbursement of mileage expense for state employees for travel 2
from their homes to the place of the meeting and their return. 3
(k) The National Center for Reliable Electric Power Transmission shall 4
provide staff for the board. 5
6
6-61-1503. Duties. 7
(a)(1) The Electrical Energy Advancement Program Fund Board shall make 8
recommendations to the Arkansas Statewide Energy Consortium concerning the 9
funding, funding ratios, and maximum amounts to be made available among the 10
proposals and programs for: 11
(A) Competitive undergraduate scholarships for Arkansas 12
residents in the field of electrical and electronic engineering at the member 13
universities of the consortium, to be given in accordance with institutional 14
guidelines; and 15
(B) Competitive graduate fellowships f or master's and 16
doctoral students in electrical and electronic engineering at member 17
universities of the consortium, to be given in accordance with institutional 18
guidelines with preference given to Arkansas residents. 19
(2) One-time project costs may incl ude without limitation the 20
cost of: 21
(A) Facilitating the hiring of new tenure -track faculty at 22
each of the consortium member institutions to increase the capacity and 23
expertise of each university to: 24
(i) Perform research; and 25
(ii) Successfully return that research to the 26
classroom for the benefit of the entire consortium; 27
(B) Expediting economic development through research by 28
providing startup funds for successful applicants; 29
(C) Continuing education programs to serve practicing 30
engineers in the energy sector whose professional licensure or registration 31
requires at least fifteen (15) hours of continuing education annually; and 32
(D) Collaborative research projects between and among the 33
consortium member institutions. 34
(b) The board may base its recommendations for use of the funds on a 35
proposal's: 36 SB356
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(1) Technical merit; 1
(2) Potential impact on the state's economic growth; and 2
(3) Potential for strengthening the state's electrical energy 3
education programs. 4
(c)(1) Annually by June 30, the board shall: 5
(A) Report its actions to the Governor; and 6
(B) Provide a copy of the report to the agencies included 7
in the report's recommendations. 8
(2) The board may provide the report required under this 9
subsection by electronic m eans or by a printed copy. 10
(d) The board shall promulgate rules to implement this section. 11
12
SECTION 15. Arkansas Code § 9 -28-203(b)(4)(D), concerning the powers 13
and duties of the Division of Youth Services, is repealed. 14
(D) The Division of Youth Services shall collect data 15
regarding the effectiveness of these services and report semiannually to the 16
Youth Justice Reform Board; 17
18
SECTION 16. Arkansas Code § 9 -28-1201 is repealed. 19
9-28-1201. Youth Justice Reform Board — Creation — Membership. 20
(a) To ensure statewide accountability for the delivery of youth 21
services consistent with this subchapter, the Division of Youth Services 22
shall create the Youth Justice Reform Board no later than sixty (60) days 23
following July 22, 2015. 24
(b)(1) Except for a member who is appointed from the General Assembly, 25
the members of the Youth Justice Reform Board shall be selected by the 26
Director of the Division of Youth Services for a single four -year term, with 27
appointments being approved by the Governor. 28
(2)(A) Each member of the Youth Justice Reform Board who is a 29
member of the Senate shall be appointed by and shall serve at the pleasure of 30
the President Pro Tempore of the Senate. 31
(B) Each member of the Youth Justice Reform Board who is a 32
member of the House o f Representatives shall be appointed by and shall serve 33
at the pleasure of the Speaker of the House of Representatives. 34
(3) The Youth Justice Reform Board shall be composed of the 35
following members who have demonstrated a commitment to improving youth 36 SB356
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services, with individuals selected from key stakeholder groups, including 1
without limitation: 2
(A) Juvenile justice system -involved families; 3
(B) Youths who have received or are receiving services 4
delivered by the Division of Youth Services; 5
(C) Representatives from the Division of Elementary and 6
Secondary Education, the Division of Workforce Services, the Division of 7
Children and Family Services, and the Division of Aging, Adult, and 8
Behavioral Health Services; 9
(D) Youth services providers; 10
(E) Circuit court judges who routinely preside over 11
juvenile cases; 12
(F) The Administrative Office of the Courts; 13
(G) Prosecuting attorneys or deputy prosecuting attorneys 14
who are routinely involved in juvenile delinquency cases; 15
(H) Public defenders or deputy public defenders who are 16
routinely involved in juvenile delinquency cases; 17
(I) Advocacy groups, including the designated state 18
protection and advocacy group for individuals with disabilities, and other 19
research and advocacy groups w ith established leadership for children and 20
families in Arkansas; 21
(J) The juvenile ombudsman of the Juvenile Ombudsman 22
Division of the Arkansas Public Defender Commission; 23
(K) Members of the Arkansas Coalition for Juvenile Justice 24
Board [abolished]; 25
(L) Members of the Juvenile Justice Reform Subcommittee of 26
the Arkansas Supreme Court Commission on Children, Youth and Families; 27
(M) Experts in adolescent development; 28
(N) Two (2) members of the Senate; 29
(O) Two (2) members of the House o f Representatives; and 30
(P) Juvenile court staff or program representatives. 31
(c) The Governor shall appoint the Chair of the Youth Justice Reform 32
Board. 33
(d) The Youth Justice Reform Board shall meet at least quarterly. 34
(e) The Division of Youth Services shall provide administrative 35
support necessary for the Youth Justice Reform Board to perform its duties. 36 SB356
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(f) The Youth Justice Reform Board shall cease operation by June 30, 1
2021. 2
3
SECTION 17. Arkansas Code § 9 -28-1202 is repealed. 4
9-28-1202. Powers and duties — Definitions. 5
(a) As used in this section and § 9 -28-1203: 6
(1) “Proven effective community -based alternatives” means 7
interventions, supports, programs, and practices that are recognized as best 8
practices based on rigorous evaluatio n and research, or are based on a clear 9
and well-articulated theory or conceptual framework for delinquency 10
prevention. These include, without limitation, community -based services that 11
are currently provided or have been provided and have been demonstrated to be 12
effective in reducing the number of secure out -of-home placements and 13
institutional placement of youthful offenders; and 14
(2) “Secure out-of-home placement” means placement in a public 15
or private residential facility that includes construction fix tures designed 16
to physically restrict the movements and activities of individuals held in 17
lawful custody and used for the placement and disposition of a juvenile 18
adjudicated to be delinquent. 19
(b) The Youth Justice Reform Board shall: 20
(1) Assist the Division of Youth Services in determining the 21
method for calculating savings realized from reduced state commitments and in 22
educating the public about the plan developed to reduce reliance on secure 23
out-of-home placements; and 24
(2) Make annual reports to t he division, the Governor, and the 25
General Assembly regarding system reform and improvements needed to implement 26
the goals and purposes of this subchapter. 27
(c) To provide needed expertise, the board may seek outside technical 28
assistance to aid its work. 29
30
SECTION 18. Arkansas Code § 10 -3-902(2), concerning the duties of the 31
Joint Performance Review Committee, is amended to read as follows: 32
(2) Conduct investigations into such specific problem areas of 33
the administration of state government as may be b rought to the attention of 34
or as determined by the Joint Performance Review Committee or the cochairs of 35
the Joint Performance Review Committee ; 36 SB356
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1
SECTION 19. Arkansas Code § 10 -3-902, concerning the duties of the 2
Joint Performance Review Committee, is amended to add an additional 3
subdivision to read as follows: 4
(8) Evaluate the purpose, need, and effectiveness of a state 5
board or commission as defined in and under the process established under § 6
25-1-106. 7
8
SECTION 20. Arkansas Code § 25 -1-106(a), concerning the evaluation of 9
necessity of various commissions and boards, is amended to read as follows: 10
(a) For purposes of this section ,: 11
(1) “constitutional Constitutional board or commission” means 12
the Arkansas State Game and Fish Commission, the S tate Highway Commission, 13
and all boards or commissions charged with the management or control of all 14
charitable, penal or correctional institutions, or institutions of higher 15
learning under Arkansas Constitution, Amendment 33 ; and 16
(2) “State board or co mmission” means every state board, 17
commission, committee, council, task force, and similar entity created by the 18
General Assembly except: 19
(A) A constitutional board or commission; and 20
(B) An entity of the General Assembly . 21
22
SECTION 21. Arkansas C ode Title 10, Chapter 3, Subchapter 22, is 23
repealed. 24
10-3-2201. Academic Facilities Oversight Committee. 25
(a) There is created a legislative committee to be known as the 26
Academic Facilities Oversight Committee. 27
(b) The Academic Facilities Oversight Committee shall consist of 28
fifteen (15) members as follows: 29
(1)(A) Seven (7) members of the Senate as follows: 30
(i) One (1) member who is the Chair of the Senate 31
Committee on Education or his or her designee; 32
(ii) Two (2) members of the Senate Committee on 33
Education appointed by the Chair of the Senate Committee on Education; and 34
(iii) Four (4) members of the Senate appointed by 35
the President Pro Tempore of the Senate. 36 SB356
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(B) In the event that the Chair of the Senate Committee on 1
Education and the President Pro Tempore of the Senate are the same person, 2
the Vice Chair of the Senate Committee on Education shall make the 3
appointments under subdivision (b)(1)(A)(ii) of this section; 4
(2)(A) Seven (7) members of the House of Representatives a s 5
follows: 6
(i) One (1) member who is the Chair of the House 7
Committee on Education or his or her designee; 8
(ii) Two (2) members of the House Committee on 9
Education to be appointed by the Chair of the House Committee on Education; 10
and 11
(iii) Four (4) members of the House to be appointed 12
by the Speaker of the House of Representatives. 13
(B) In the event that the Chair of the House Committee on 14
Education and the Speaker of the House of Representatives are the same 15
person, the Vice Chair of the House Committee on Education shall make the 16
appointments under subdivision (b)(2)(A)(ii) of this section; and 17
(3) The Director of the Division of Public School Academic 18
Facilities and Transportation who shall serve as a nonvoting ex officio 19
member. 20
(c) The Chair of the Senate Committee on Education or the chair's 21
designee and the Chair of the House Committee on Education or the chair's 22
designee shall serve as cochairs of the committee. 23
(d) If a vacancy occurs in an appointed position for any reason, the 24
vacancy shall be filled in the same manner as the original appointment. 25
(e)(1) The Academic Facilities Oversight Committee shall meet upon the 26
call of either or both of the cochairs of the Academic Facilities Oversight 27
Committee. 28
(2) Eight (8) members of the Academic Facilities Oversight 29
Committee shall constitute a quorum for the purpose of transacting business. 30
(3) A quorum is required for any action of the Academic 31
Facilities Oversight Committee. 32
33
10-3-2202. Powers and duties. 34
(a) The Academic Facilities Oversight Committee shall: 35
(1) Oversee development and implementation of state statutory 36 SB356
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requirements with regard to providing constitutionally appropriate public 1
school academic facilities and related equipment for all public schools in 2
the State of Arkansas as necessary to provide an equal opportunity for an 3
adequate education for all public school students in Arkansas; 4
(2) [Repealed.] 5
(3) Review and recommend policies and criteria for the repair, 6
maintenance, renovation, remodeling, replacement, and construction of public 7
school academic facilities; 8
(4) Oversee local and state expenditures related to providing 9
constitutionally appropriate public school academic facilities and related 10
equipment; 11
(5) Review the effecti veness of methods used to fund the cost of 12
constitutionally appropriate public school academic facilities and equipment; 13
(6) Review the ongoing assessment, evaluation, and inspection of 14
public school academic facilities to provide that constitutionally 15
appropriate public school academic facilities are, and will continue to be, 16
provided for public school students in Arkansas; and 17
(7) Use the opinions of the Supreme Court in the matter of Lake 18
View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W .3d 472 (2002) 19
and other legal precedent relevant to public school academic facilities. 20
(b)(1)(A) The Academic Facilities Oversight Committee shall report its 21
findings and recommendations to the President Pro Tempore of the Senate, the 22
Speaker of the House of Representatives, the Governor, the House Committee on 23
Education, and the Senate Committee on Education no later than October 1 24
before each regular session of the General Assembly. 25
(B) Upon motion of the Academic Facilities Oversight 26
Committee and approval by a quorum of the committee, the October 1 report 27
deadline may be extended for a period to be determined by the Academic 28
Facilities Oversight Committee. 29
(2) The report shall include for each recommendation, proposed 30
implementation schedules w ith timelines, specific steps, agencies and persons 31
responsible, and resources needed. 32
(3) When feasible, the Academic Facilities Oversight Committee 33
shall propose plans, measures, and initiatives as recommendations for 34
legislation or rules. 35
36 SB356
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10-3-2203. Committee assistance. 1
(a) The Division of Elementary and Secondary Education, the Division 2
of Career and Technical Education, the Division of Higher Education, the 3
Division of Public School Academic Facilities and Transportation, and the 4
Division of Public School Accountability shall provide the Academic 5
Facilities Oversight Committee with assistance as requested by the Academic 6
Facilities Oversight Committee. 7
(b) The Academic Facilities Oversight Committee may hire or contract 8
with individuals or ent ities, both within the state and from out of state, 9
for the purpose of obtaining staff or otherwise performing the duties of the 10
Academic Facilities Oversight Committee to the extent funding is appropriated 11
and available for that purpose. 12
(c) The Bureau of Legislative Research shall furnish reasonable staff 13
assistance to the Academic Facilities Oversight Committee as may be requested 14
by the Academic Facilities Oversight Committee. 15
16
10-3-2204. Meetings — Reimbursement of expenses. 17
(a) The Academic Facil ities Oversight Committee shall function during 18
the interim between regular session, fiscal sessions, or special sessions of 19
the General Assembly, while the General Assembly is in session, and while the 20
General Assembly is in recess. 21
(b) If the Academic Facilities Oversight Committee meets at a time 22
when the General Assembly is not in session, the legislative members of the 23
Academic Facilities Oversight Committee are entitled to per diem and mileage 24
reimbursement at the rate for attending meetings of the Legislative Council. 25
The per diem or mileage reimbursement shall be paid from funds appropriated 26
for the payment of per diem and mileage for attendance at meetings of interim 27
committees of the General Assembly. 28
29
SECTION 22. Arkansas Code § 13 -4-203 is repealed. 30
13-4-203. Records Retention Committee. 31
(a) A Records Retention Committee shall be created, whose 32
responsibility shall be to study, develop, and issue standards consistent 33
with the guidelines enumerated in § 13 -4-202 which pertain to existing and 34
future recording systems. 35
(b) The committee shall include one (1) representative from each of 36 SB356
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the following: 1
(1) The Arkansas Association of County Clerks; 2
(2) The Arkansas Circuit Clerks Association; 3
(3) The Association of Arkansas Counties; 4
(4) The Arkansas State Archives; 5
(5) The Division of Information Systems; 6
(6) ARMA International; and 7
(7) The Arkansas City Clerks, Recorders, and Treasurers 8
Association. 9
(c) The committee shall be chaired by a representative from the 10
Administrative Office of the Courts. 11
12
SECTION 23. Arkansas Code § 13 -15-101 is repealed. 13
13-15-101. Title. 14
This chapter shall be known and may be cited as the “Arkansas Delta 15
Music Trail Act”. 16
17
SECTION 24. Arkansas Code Title 13, Chapter 15, Subchapter 2, is 18
repealed. 19
13-15-201. Creation — Membership. 20
(a) There is created the Arkansas Delta Music Commission within the 21
Division of Arkansas Heritage. 22
(b) The commission shall be composed of nine (9) members: 23
(1) The Director of the Division of Arkansas H eritage or his or 24
her designee; 25
(2) The Secretary of the Department of Parks, Heritage, and 26
Tourism or his or her designee; and 27
(3)(A)(i) One (1) individual who shall be appointed from each 28
region containing a designated music highway. 29
(ii) The region for each designated music highway 30
shall be composed of the counties through which the designated music highway 31
runs. 32
(B) The Governor shall appoint the members of the 33
commission under this subdivision (b)(3). 34
(C)(i) Four (4) of the members a ppointed under this 35
subdivision (b)(3) shall have a background in the arts. 36 SB356
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(ii) The remaining three (3) members shall have a 1
background in the arts, history, or tourism. 2
(c)(1) The term of office of the initial members of the commission 3
appointed under subdivision (b)(3) of this section shall be determined by lot 4
as follows: 5
(A) The initial term of office of three (3) of the members 6
shall be two (2) years; and 7
(B) The initial term of office of four (4) of the members 8
shall be three (3) years . 9
(2) All successor members, other than those appointed to fill 10
unexpired terms, shall serve two -year terms. 11
(d) All vacancies in positions filled by members appointed under 12
subdivision (b)(3) of this section shall be filled by appointment by the 13
Governor and shall be for the remainder of the term. 14
(e) Members of the commission shall serve without compensation for 15
their service but may receive expense reimbursement in accordance with § 25 -16
16-901 et seq. 17
(f) The Division of Arkansas Heritage sha ll provide meeting space and 18
staffing for the commission. 19
20
13-15-202. Meetings. 21
(a)(1) The Arkansas Delta Music Commission shall meet as often as 22
necessary to perform its duties under this chapter. 23
(2) The commission shall meet at least quarterly. 24
(b) The Director of the Division of Arkansas Heritage shall call the 25
first meeting of the commission. 26
(c)(1) At the first meeting of the commission, the commission shall 27
select a Chair of the Arkansas Delta Music Commission. 28
(2) The chair shall serve as chair for the period of time 29
determined by the commission. 30
(d) A quorum for each meeting of the commission shall be five (5) 31
members. 32
(e) A majority vote of the members present is required for the 33
commission to take action. 34
35
13-15-203. Powers and duties. 36 SB356
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(a) The Arkansas Delta Music Commission shall: 1
(1) Develop, implement, and administer a tourism program based 2
on art projects that focus on highlighting music stories and related dynamics 3
on the designated music highways; 4
(2) Develop guideli nes for the types of art projects that will 5
be eligible for the tax incentives provided in this chapter and the process 6
for applying for approval of qualified expenses for art projects under this 7
chapter; 8
(3) Create a signage program that captures the s tories, 9
biographies, and points of interest in blues, rock and roll, jazz, 10
rockabilly, soul, hip hop, opera, country, and gospel music throughout the 11
Arkansas Delta; 12
(4) Maintain information about federal and state grant 13
opportunities to encourage citie s and towns to develop exhibits related to 14
the musical heritage of the city or town; and 15
(5) Adopt rules necessary to implement the Arkansas Delta Music 16
Trail Program created under this chapter, including without limitation rules 17
stating: 18
(A) The procedure to apply for approval of qualified 19
expenses; and 20
(B) The criteria to be used by the commission when 21
determining whether to approve qualified expenses and issue a certificate of 22
completion for an art project. 23
(b) The commission may accept, rec eive, and use grants, moneys, 24
equipment, material, services, and real and personal property donated, 25
bequeathed, or devised for any purpose relating to the activities of the 26
commission and not expressly designated for any other agency. 27
28
13-15-204. Biennial report. 29
(a) The Arkansas Delta Music Commission shall submit a report by 30
December 31 of each even -numbered year to the: 31
(1) Governor; 32
(2) Chair of the Senate Committee on Revenue and Taxation; 33
(3) Chair of the House Committee on Revenue and Taxation; 34
(4) Chair of the Senate Committee on Agriculture, Forestry, and 35
Economic Development; and 36 SB356
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(5) Chair of the House Committee on Agriculture, Forestry, and 1
Economic Development. 2
(b) The report required under subsection (a) of this section sh all 3
include: 4
(1) The commission's goals for increasing the number of art 5
projects and signage over the next biennium; 6
(2) The economic development opportunities the commission will 7
focus on over the next biennium; 8
(3) The qualified expenses approv ed under this chapter during 9
the biennium for which the report is being made, including without 10
limitation: 11
(A) The name of the person who applied for approval of 12
qualified expenses for an art project; 13
(B) A description of the art project for which the 14
qualified expenses were approved; and 15
(C) The location of the art project for which the 16
qualified expenses were approved; and 17
(4) The benefits realized in terms of economic development as a 18
result of the commission's actions and the tax incentives provided under this 19
chapter. 20
21
SECTION 25. Arkansas Code § 13 -15-301 is amended to read as follows: 22
13-15-301. Creation. 23
(a) The Arkansas Delta Music Commission Division of Arkansas Heritage 24
and the Department of Parks, Heritage, and Tourism shall establish and 25
administer the Arkansas Delta Music Trail Program to: 26
(1) Create a tourism program based on art projects that focus on 27
highlighting music stories and related dynamics on the designated music 28
highways; 29
(2) Provide tax incentives t o eligible persons for the creation 30
and installation of an art project under this chapter; and 31
(3) Create a signage program that captures the stories, 32
biographies, and points of interest in blues, rock and roll, jazz, 33
rockabilly, soul, hip hop, opera, c ountry, and gospel music throughout the 34
Delta region of Arkansas. 35
(b) The Division of Arkansas Heritage and the Department of Parks, 36 SB356
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Heritage, and Tourism shall provide assistance to the commission in 1
establishing and administering the program. 2
3
SECTION 26. Arkansas Code § 13 -15-302 is repealed. 4
13-15-302. Income tax credit for approved art project. 5
(a) There is allowed an income tax credit against the income tax 6
imposed by the Income Tax Act of 1929, § 26 -51-101 et seq., in an amount 7
equal to the lesser of one hundred percent (100%) of the total qualified 8
expenses stated in a certificate of completion issued by the Arkansas Delta 9
Music Commission under § 13 -15-303 or twenty-five thousand dollars ($25,000). 10
(b) The amount of the income tax credit un der this section that may be 11
claimed by the taxpayer in a tax year shall not exceed the amount of income 12
tax due by the taxpayer. 13
(c) Any unused income tax credit under this section may be carried 14
forward for five (5) consecutive tax years following the tax year in which 15
the income tax credit was earned. 16
17
SECTION 27. Arkansas Code § 13 -15-303 is repealed. 18
13-15-303. Application for approval of qualified expenses — Certificate 19
of completion. 20
(a) A person may apply to the Arkansas Delta Music Commissio n for 21
approval of qualified expenses for the purpose of claiming the income tax 22
credit allowed under § 13 -15-302. 23
(b) An application for approval of qualified expenses shall: 24
(1) Be for an art project that will: 25
(A) Stimulate regional tourism; 26
(B) Enhance local community development efforts; 27
(C) Create opportunities for Arkansas artists to showcase 28
their work; 29
(D) Enhance the community where the art project will be 30
located; and 31
(E) Promote awareness and encourage the enjoyment of th e 32
stories, biographies, and points of interest in blues, rock and roll, 33
country, and gospel music throughout the Arkansas Delta; 34
(2) Be in the form prescribed by the commission; and 35
(3) Indicate the amount of qualified expenses the applicant 36 SB356
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expects to incur. 1
(c)(1) The commission shall not approve qualified expenses exceeding 2
two hundred fifty thousand dollars ($250,000) in any one (1) calendar year. 3
(2)(A) The total amount of qualified expenses that may be 4
approved under this subsection shall be divided among the designated music 5
highways in proportion to each designated music highway's length as compared 6
to the total length of all of the designated music highways. 7
(B) If the commission does not approve qualified expenses 8
under this section that are equal to the amount of funds allocated to a 9
designated music highway under subdivision (c)(2)(A) of this section, the 10
commission may reallocate the funds to another designated music highway to 11
fund one (1) or more additional art projects. 12
(3)(A) The approval of qualified expenses under this section is 13
contingent on the appropriation and availability of funding for the Arkansas 14
Delta Music Trail Program. 15
(B) The commission shall not solicit or accept 16
applications for the program if funds for the program are not available. 17
(d) At least one-third (⅓) of art projects for which qualified 18
expenses are approved under this section shall be visible from a designated 19
music highway. 20
(e)(1) Upon completion of an art project, the owner shall submit 21
documentation required by the commission to verify that the completed art 22
project complies with the requirements of this chapter. 23
(2) If the commission determines that an art project is complete 24
and complies with the requirements of this chapter, the com mission shall 25
issue a certification of completion specifying the total amount of qualified 26
expenses and the income tax credit allowed under this subchapter. 27
28
SECTION 28. Arkansas Code § 15 -5-1703(1), concerning the definition of 29
"Advisory committee" unde r the Arkansas Housing Trust Fund Act of 2009, is 30
repealed. 31
(1) “Advisory committee” means the Housing Trust Fund Advisory 32
Committee created in § 15 -5-1706; 33
34
SECTION 29. Arkansas Code § 15 -5-1705(c), concerning administration of 35
Arkansas Housing Trust Fund sources and deposits, is amended to read as 36 SB356
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follows: 1
(c) The authority shall seek the input of the Arkansas Housing Trust 2
Fund Advisory Committee created by § 15 -5-1706, but the Board of Directors of 3
the Arkansas Development Finance Authority shall have the final decision -4
making authority on all matters relating to the fund and the programs 5
administered under this subchapter. 6
7
SECTION 30. Arkansas Code § 15 -5-1706 is repealed. 8
15-5-1706. Creation of Arkansas Housing Trust Fund Advisory Committee. 9
(a)(1) There is created the Arkansas Housing Trust Fund Advisory 10
Committee for the purpose of advising the staff and the Board of Directors of 11
the Arkansas Development Finance Authority with respect to the Arkansas 12
Housing Trust Fund. 13
(2) The members of the advisory committee shall be residents of 14
the state and should, to the extent possible, reflect the demographics of the 15
state with respect to geography, race, gender, and urban -rural mix. 16
(3) The members of the advisory committee shall be entitle d to 17
expense reimbursement under § 25 -16-902 from amounts deposited into the fund. 18
(4) Each member of the advisory committee should have a 19
demonstrated interest in the housing needs of individuals and families with 20
low or moderate incomes and the revita lization of distressed neighborhoods. 21
(b) The advisory committee shall consist of eleven (11) members with 22
the qualifications under § 15 -5-1705 to be appointed by the Governor, the 23
Speaker of the House of Representatives, and the President Pro Tempore of the 24
Senate, as follows: 25
(1) A representative of the financial industry, appointed by the 26
Governor; 27
(2) A beneficiary of assistance in rental housing or home 28
ownership, appointed by the Governor; 29
(3) An advocate for the homeless, appointed by the Governor; 30
(4) A representative of the real estate industry, appointed by 31
the Governor; 32
(5) A representative from the economic development field, 33
appointed by the Governor; 34
(6) A developer of affordable housing, appointed by the 35
Governor; 36 SB356
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(7) A citizen, appointed by the Governor; 1
(8) A consumer advocate with experience as a fair -housing 2
advocate, housing counselor, or affordable housing advocate, appointed by the 3
Speaker of the House of Representatives; 4
(9) A housing advocate representing t he needs of rural 5
interests, appointed by the Speaker of the House of Representatives; 6
(10) A special needs housing advocate appointed by the President 7
Pro Tempore of the Senate; and 8
(11) An advocate for public housing, appointed by the President 9
Pro Tempore of the Senate. 10
(c)(1) A member of the advisory committee shall serve a term of four 11
(4) years. 12
(2) In order to stagger the terms of the members, the initial 13
members of the advisory committee shall draw lots as follows: 14
(A) Two (2) members will have an initial term of one (1) 15
year; 16
(B) Three (3) members will have an initial term of two (2) 17
years; 18
(C) Three (3) members will have an initial term of three 19
(3) years; and 20
(D) Three (3) members will have an initial term of four 21
(4) years. 22
(3) Members of the advisory committee may serve successive 23
terms. 24
25
SECTION 31. Arkansas Code § 15 -5-1707 is repealed. 26
15-5-1707. Roles and responsibilities of the Arkansas Housing Trust 27
Fund Advisory Committee. 28
(a) The Arkansas Housing Trust F und Advisory Committee will operate 29
within the structure of the Arkansas Development Finance Authority and will 30
advise the Board of Directors of the Arkansas Development Finance Authority 31
on matters relating to the Arkansas Housing Trust Fund and its progr ams. 32
(b) The responsibilities of the advisory committee shall be to: 33
(1) Collaborate with the staff of the authority in drafting 34
rules, compliance responsibilities, set -asides, and funding priorities for 35
the fund and the programs funded by the fund, w hich rules and policies will 36 SB356
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be referred by the advisory committee to the authority for its review and 1
approval; 2
(2) Review and advise the authority on fund marketing efforts; 3
(3) Review data on the use and impact of the fund compiled by 4
the staff of the authority, which shall be provided to the advisory committee 5
not less frequently than one (1) time a year; 6
(4) Prepare, working with the staff of the authority or the 7
Department of Commerce, an annual review of the rules, compliance 8
responsibilities, set -asides, funding priorities, and funding decisions, 9
including any recommended changes, which review shall be presented to the 10
board for final approval; and 11
(5) Prepare an annual performance report for the fund, including 12
information about the fund's success in meeting its intended purposes, which 13
shall be provided to the Governor, the Speaker of the House of 14
Representatives, and the President Pro Tempore of the Senate. 15
16
SECTION 32. Arkansas Code § 15 -11-803(b), concerning eligibili ty for 17
Arkansas Great Places Program, is amended to read as follows: 18
(b)(1) An eligible organization may apply to the Department of Parks, 19
Heritage, and Tourism for participation in the Arkansas Great Places Program. 20
(2) The department shall forward a pplications for participation 21
in the program to the Arkansas Natural and Cultural Heritage Advisory 22
Committee to select applicants for participation in the program. 23
24
SECTION 33. Arkansas Code § 15 -11-803(d), concerning eligibility for 25
Arkansas Great Places Program, is amended to read as follows: 26
(d) The committee department shall not approve an application for 27
participation in the program if the application would: 28
(1) Fund academic research; 29
(2) Be awarded to a for -profit organization or event; 30
(3) Fund programs or projects that disregard the need to 31
preserve, protect, or conserve historical sites, structures, artifacts, and 32
the environment; or 33
(4) Be outside accepted professional museum or environmental 34
standards. 35
36 SB356
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SECTION 34. Arkansas Cod e § 15-11-803(f)(2), concerning eligibility 1
for Arkansas Great Places Program, is amended to read as follows: 2
(2) The criteria to be used by the committee department when 3
determining whether to award a grant. 4
5
SECTION 35. Arkansas Code § 15 -11-804(a)(1)(A), concerning selection 6
for the Arkansas Great Places Program, is amended to read as follows: 7
(a)(1)(A) The Arkansas Natural and Cultural Heritage Advisory 8
Committee Department of Parks, Heritage, and Tourism shall select four (4) 9
eligible organizations for participation in the Arkansas Great Places Program 10
by July 1, 2012. 11
12
SECTION 36. Arkansas Code § 15 -11-804(a)(1)(C), concerning selection 13
for the Arkansas Great Places Program, is amended to read as follows: 14
(C) The committee department shall select an eligible 15
organization under subdivision (a)(1)(A) of this section from each of the 16
four (4) congressional districts. 17
18
SECTION 37. Arkansas Code § 15 -11-804(a)(2)(A), concerning selection 19
for the Arkansas Great Places Program, is amended to rea d as follows: 20
(2)(A) After July 1, 2012, the committee department shall 21
select by July 1 of each even -numbered year no more than four (4) eligible 22
organizations for participation in the program. 23
24
SECTION 38. Arkansas Code § 15 -11-804(b) and (c), conc erning selection 25
for the Arkansas Great Places Program, are amended to read as follows: 26
(b) A member of the committee department shall recuse from the 27
consideration of an application for participation in the program by an 28
eligible organization located in the county in which the member of the 29
committee department resides. 30
(c) The Department of Parks, Heritage, and Tourism department shall 31
work with the Arkansas Economic Development Commission to maximize grants 32
awarded to participants in the program. 33
34
SECTION 39. Arkansas Code § 15 -45-302 is repealed. 35
15-45-302. Nongame Preservation Committee. 36 SB356
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(a) The Nongame Preservation Committee will consist of five (5) 1
members and will include the following representatives: 2
(1) The Director of the Arkansas St ate Game and Fish Commission; 3
(2) The Director of the State Parks Division; and 4
(3) The Director of the Arkansas Natural Heritage Commission. 5
(b) The remaining two (2) members shall: 6
(1) Be appointed by the Governor subject to confirmation by the 7
Senate after the Governor consults with private conservation organizations 8
from within the state; and 9
(2) Serve terms of three (3) years. 10
11
SECTION 40. Arkansas Code § 15 -45-303(b) and (c), concerning 12
expenditures for the Nongame Preservation Progr am, are amended to read as 13
follows: 14
(b) All state agencies are authorized to make application to the 15
Nongame Preservation Committee Arkansas State Game and Fish Commission for a 16
grant from the fund to effectuate the purposes of this subchapter. 17
(c) No expenditure shall be made without the approval and 18
authorization of the Governor upon the recommendation of the Nongame 19
Preservation Committee by majority vote . 20
21
SECTION 41. Arkansas Code § 17 -87-203(18), concerning duties of the 22
Arkansas State Board of Nursing, is repealed. 23
(18) Convene an advisory committee as provided for in this 24
chapter to assist with oversight of medication assistive persons; 25
26
SECTION 42. Arkansas Code § 17 -87-710 is repealed. 27
17-87-710. Medication Assistive Person Advisory Committee. 28
(a)(1) The Medication Assistive Person Advisory Committee is created 29
as an advisory committee to the Arkansas State Board of Nursing. 30
(2) The committee shall assist the board in implementing the 31
provisions of this subchapter regarding medic ation assistive persons. 32
(b)(1) The Governor shall appoint six (6) members, subject to 33
confirmation by the Senate, who have the following qualifications: 34
(A) Two (2) members shall be certified medication 35
assistive persons; 36 SB356
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(B) One (1) member shal l be a licensed nursing home 1
administrator who has worked in that capacity for at least five (5) years; 2
(C) One (1) member shall be a registered nurse who has 3
been in a practice using certified nurse aides for at least five (5) years; 4
(D) One (1) member shall be a lay person representing the 5
interest of consumers of healthcare services; and 6
(E) One (1) member shall be a nursing faculty member of an 7
Arkansas nursing education program. 8
(2) The Governor shall consult the board before making an 9
appointment under this section. 10
(c) Members shall serve three -year terms. 11
(d) The board may remove any committee member after notice and hearing 12
for incapacity, incompetence, neglect of duty, or malfeasance in office. 13
(e) The members of the committee shall serve without compensation but 14
may receive expense reimbursement in accordance with § 25 -16-902. 15
16
SECTION 43. Arkansas Code § 17 -98-103(2), concerning the definition of 17
"Continuing education unit", is amended to read as follows: 18
(2) “Continuing education unit” means value given for 19
participation in organized continuing education experience under reasonable 20
sponsorship, capable direction, and qualified instruction approved by the 21
State Board of Disease Intervention Specialists Health; 22
23
SECTION 44. Arkansas Code § 17 -98-105(d), concerning the penalties and 24
unlawful practices of disease intervention specialists, is amended to read as 25
follows: 26
(d) The State Board of Disease Intervention Specialists Health shall 27
assist the prosecuting attorney in the enforcement of this chapter, and any 28
member of the board may present evidence of a violation to the appropriate 29
prosecuting attorney. 30
31
SECTION 45. Arkansas Code § 17 -98-107(a), concerning the disposition 32
of fees or payments for licensing of disease intervention specialists, is 33
amended to read as follows: 34
(a) All fees or payments collected by the State Board of Disease 35
Intervention Specialists Health under this chapter shall be deposited into a 36 SB356
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bank designated by the board, and the board shall make a report annually to 1
the Governor showing all receipts and disbursements of moneys and a summary 2
of all business transacted during the year. 3
4
SECTION 46. Arkansas Code § 17 -98-201 is repealed. 5
17-98-201. Creation. 6
(a) There is created the State Board of Disease Intervention 7
Specialists, which shall consist of seven (7) members who shall be appointed 8
by the Governor after consulting the employees of the Division of AIDS and 9
Sexually Transmitted Diseases of the Department of Health and subject to 10
confirmation by the Senate. 11
(b)(1) Members shall be appointed for seven -year terms, except for a 12
person who is appointed to fill out the unexpired term of another member. 13
(2) The term of office shall expire on January 1 of each year. 14
(3)(A) Each year, thr ee (3) candidates shall be submitted by 15
registered disease intervention specialists to the Governor, who shall 16
appoint one (1) to fill the expired term. 17
(B) The term of office shall be fixed so that one (1) 18
member of the board will be retired each year , and each year three (3) 19
candidates shall be submitted by registered disease intervention specialists 20
to the Governor, who shall appoint one (1) to fill the expired term. 21
(c)(1) The appointees shall be registered disease intervention 22
specialists who have been residents in the State of Arkansas for at least one 23
(1) year, have had experience in the field of disease intervention for at 24
least five (5) years, and are presently engaged in the field of disease 25
intervention. 26
(2) The board members must hold a current certificate of 27
registration issued by the board. 28
(d) The Governor shall fill any vacancy caused by death, resignation, 29
or removal for the unexpired term. 30
(e) The members of the board shall serve without compensation but may 31
receive expense reim bursement in accordance with § 25 -16-901 et seq. However, 32
the expenses shall in no case exceed funds available to the board. 33
34
SECTION 47. Arkansas Code § 17 -98-202 is repealed. 35
17-98-202. Meetings — Election of officers. 36 SB356
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(a) The State Board of Disease Intervention Specialists shall hold a 1
meeting at least one (1) time a year and at such times as the Chair of the 2
State Board of Disease Intervention Specialists shall appoint. 3
(b) Annually, the board shall elect from its members a chair and a 4
secretary. 5
(c) Four (4) members shall constitute a quorum, but no action may be 6
taken on any questions unless at least four (4) members are in accord. 7
(d) The board shall adopt an official seal which shall be affixed to 8
all certificates of registration. 9
10
SECTION 48. Arkansas Code § 17 -98-203(a) and (b), concerning rules of 11
the State Board of Disease Intervention Specialists, are amended to read as 12
follows: 13
(a) The State Board of Disease Intervention Specialists Health shall 14
adopt such rules as are reasonably necessary to administer this chapter. 15
(b) The Chair of the State Board of Disease Intervention Specialists 16
Health and the Secretary of the State Board of Disease Intervention 17
Specialists may administer oaths and subpoena witnesses. 18
19
SECTION 49. Arkansas Code § 17-98-301(a) and (b), concerning 20
examinations of the State Board of Disease Intervention Specialists, are 21
amended to read as follows: 22
(a) The State Board of Disease Intervention Specialists Health shall 23
hold examinations to test the fitne ss of applicants for registration at such 24
times and places within this state as the board shall determine. The board 25
shall conduct at least one (1) examination every year. The scope of the 26
examination shall be determined by the board. 27
(b) Within ninety ( 90) calendar days after an application is filed 28
with the Secretary of the State Board of Disease Intervention Specialists 29
Health, the board shall notify the applicant whether his or her application 30
for examination was accepted or rejected and, if rejected, the reason 31
therefor. 32
33
SECTION 50. Arkansas Code § 17 -98-302(a), concerning admission to 34
examination for the State Board of Disease Intervention Specialists, is 35
amended to read as follows: 36 SB356
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(a) The State Board of Disease Intervention Specialists Health shall 1
admit to examination any person who makes application to the Secretary of the 2
State Board of Disease Intervention Specialists Health on forms prescribed 3
and furnished by the board, pays an application fee set by the board to 4
defray the expense of examination, and submits satisfactory proof to the 5
board that he or she: 6
(1) Meets the minimum educational requirements; 7
(2) Meets the minimum specialized training requirements, as 8
determined by the board; 9
(3) Has had two (2) years of field experience in human 10
immunodeficiency virus/sexually transmitted disease intervention; and 11
(4) Is actively engaged in the field of human immunode ficiency 12
virus/sexually transmitted disease intervention at the time he or she makes 13
application. 14
15
SECTION 51. Arkansas Code § 17 -98-303 is amended to read as follows: 16
17-98-303. Issuance of certificate without examination. 17
The State Board of Disease Intervention Specialists Health shall issue 18
a certificate of registration without examination to any person who makes 19
application on forms prescribed and furnished by the board, pays a 20
registration fee set by the board, and submits satisfactory proof that he or 21
she: 22
(1) Has had at least two (2) years' experience in the field of 23
human immunodeficiency virus/sexually transmitted disease intervention; and 24
(2) Is registered as a disease intervention specialist in a 25
state in which the qualifications for re gistration are not lower than the 26
qualifications for registration in this state at the time he or she applies 27
for registration. 28
29
SECTION 52. Arkansas Code § 17 -98-304(a), concerning the expiration 30
and renewal for the State Board of Disease Intervention S pecialists, is 31
amended to read as follows: 32
(a) Each certificate of registration issued by the State Board of 33
Disease Intervention Specialists Health shall expire on June 30 following the 34
date of issue. 35
36 SB356
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SECTION 53. Arkansas Code § 17 -98-305(a), concerning application for 1
reinstatement as a registered disease intervention specialist, is amended to 2
read as follows: 3
(a) A former registered disease intervention specialist whose 4
certificate has expired or has been suspended or revoked may make application 5
for reinstatement by paying a renewal fee and submitting satisfactory proof 6
to the State Board of Disease Intervention Specialists Health that he or she 7
has complied with the continuing education requirements. 8
9
SECTION 54. Arkansas Code § 17 -98-306 is amended to read as follows: 10
17-98-306. Refusal to renew — Suspension or revocation. 11
The State Board of Disease Intervention Specialists Health may refuse 12
to renew or may suspend or revoke a certificate upon proof that the applicant 13
is guilty of fraud, dec eit, gross negligence, incompetency, or misconduct 14
relative to his or her duties as a disease intervention specialist. 15
16
SECTION 55. Arkansas Code § 17 -98-307(a)(1), concering hearing and 17
notice before the State Board of Disease Intervention Specialists, is amended 18
to read as follows: 19
(a)(1) Before the State Board of Disease Intervention Specialists 20
Health may suspend, revoke, or refuse to renew a certificate of registration, 21
it shall set the matter for a hearing before the board, and, at least twenty 22
(20) calendar days before the date set for hearing, it shall give written 23
notice to the accused of the char ges made and the date and place of the 24
hearing. 25
26
SECTION 56. Arkansas Code § 19 -5-1248 is repealed. 27
19-5-1248. Electrical Energy Advancement Program Fund. 28
(a) There is created on the books of the Treasurer of State, the 29
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 30
fund to be known as the “Electrical Energy Advancement Program Fund”. 31
(b) The fund shall consist of: 32
(1) Funds provided by law; 33
(2) Grants made by any person or federal government agency; and 34
(3) Other funds that become available through energy programs. 35
(c) The fund shall be used by the Arkansas Statewide Energy Consortium 36 SB356
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under the Electrical Energy Advancement Program, § 6 -61-1501 et seq., to 1
provide opportunities for Arkansas citizens to legitima tely pursue high-2
technology and knowledge -based jobs in the electrical energy sector of 3
Arkansas by providing a statewide, collaborative educational system focused 4
on this sector. 5
6
SECTION 57. Arkansas Code Title 20, Chapter 8, Subchapter 7, is 7
repealed. 8
Subchapter 7 — Palliative Care 9
10
20-8-701. Definitions. 11
As used in this subchapter: 12
(1) “Palliative care” means patient -centered and family-centered 13
medical care offered throughout the continuum of an illness that optimizes 14
quality of life by anticipa ting, preventing, and treating the suffering 15
caused by a serious illness to address physical, emotional, social, and 16
spiritual needs and facilitate patient autonomy, access to information, and 17
choice, including without limitation: 18
(A) Discussion of the patient's goals for treatment; 19
(B) Discussions of treatment options appropriate to the 20
patient, including hospice care, if needed; and 21
(C) Comprehensive pain and symptom management; and 22
(2) “Serious illness” means a medical illness or physical injury 23
or condition that substantially impacts quality of life for more than a short 24
period of time, including without limitation cancer, renal failure, liver 25
failure, heart disease, lung disease, and Alzheimer's disease and related 26
dementia. 27
28
20-8-702. Palliative Care and Quality of Life Interdisciplinary Task 29
Force — Creation — Membership. 30
(a) There is created the Palliative Care and Quality of Life 31
Interdisciplinary Task Force. 32
(b) The task force shall consist of thirteen (13) members as follows: 33
(1) Nine (9) members appointed by the Governor as follows: 34
(A) One (1) member who is a designee of the American 35
Cancer Society; 36 SB356
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(B) One (1) member who is a designee of the Hospice and 1
Palliative Care Association of Arkansas, Inc.; 2
(C) One (1) member who is a designee of the Department of 3
Veterans Affairs; 4
(D) One (1) member who is a designee of the American Heart 5
Association, Arkansas Affiliate, Inc.; 6
(E) One (1) member who is a designee of the Arkansas 7
Hospital Association, Inc.; 8
(F) One (1) member who is a designee of the Arkansas 9
Medical Society, Inc.; 10
(G) One (1) member who is a designee of the Arkansas 11
Health Care Association; 12
(H) One (1) member who is a designee of the Arkansas 13
Center for Health Improvement; and 14
(I) One (1) member, who is appointed in consultation with 15
the Secretary of the Department of Health, who is a palliative care 16
professional with expertise in the following knowledge areas that may include 17
without limitation: 18
(i) Interdisciplinary pallia tive care; 19
(ii) Medical, nursing, social work, pharmacy, or 20
spiritual services; 21
(iii) Psychosocial issues involved in caregiving for 22
patient and family caregivers or their advocates; and 23
(iv) Palliative care perspectives and challenges 24
across multiple settings, including inpatient, outpatient, and community 25
settings, and across pediatric, youth, adult, and geriatric populations; 26
(2) Two (2) members appointed by the President Pro Tempore of 27
the Senate as follows: 28
(A) One (1) member who is a board-certified hospice and 29
palliative medicine physician, physician assistant, or nurse; and 30
(B) One (1) member, in consultation with the Arkansas 31
Surgeon General, who is a palliative care professional with expertise in the 32
following knowledge ar eas that may include without limitation: 33
(i) Interdisciplinary palliative care; 34
(ii) Medical, nursing, social work, pharmacy, or 35
spiritual services; 36 SB356
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(iii) Psychosocial issues involved in caregiving for 1
patient and family caregivers or their advocates; and 2
(iv) Palliative care perspectives and challenges 3
across multiple settings, including inpatient, outpatient, and community 4
settings, and across pediatric, youth, adult, and geriatric populations; and 5
(3) Two (2) members appointed by t he Speaker of the House of 6
Representatives as follows: 7
(A) One (1) member who is a board -certified hospice and 8
palliative medicine physician, physician assistant, advanced practice 9
registered nurse, or nurse; and 10
(B) One (1) member, in consultation with the Arkansas 11
Surgeon General, who is a palliative care professional with expertise in the 12
following knowledge areas that may include without limitation: 13
(i) Interdisciplinary palliative care; 14
(ii) Medical, nursing, social work, pharmacy, or 15
spiritual services; 16
(iii) Psychosocial issues involved in caregiving for 17
patient and family caregivers or their advocates; and 18
(iv) Palliative care perspectives and challenges 19
across multiple settings, including inpatient, outpatient, and commun ity 20
settings, and across pediatric, youth, adult, and geriatric populations. 21
(c) The members of the task force shall be appointed by September 1, 22
2017. 23
(d) In the event of a vacancy in the membership of the task force, a 24
person shall be appointed by th e appropriate individual and who meets the 25
applicable eligibility requirements of the vacated position to fill the 26
vacancy for the remainder of the term. 27
(e)(1) The task force shall select a chair and vice chair during the 28
first meeting. 29
(2) The task force shall hold at least two (2) regular meetings 30
in each calendar year at a time and place determined by the task force. 31
(f) Seven (7) members of the task force shall constitute a quorum to 32
transact business. 33
(g) The members of the task force may receive expense reimbursement in 34
accordance with § 25 -16-901 et seq. 35
(h) The Department of Health shall provide staff, information, and 36 SB356
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other assistance as reasonably necessary to assist the task force in its 1
efficient organization. 2
(i) The purpose of the task force is to consult with and advise the 3
Department of Health on matters relating to the establishment, maintenance, 4
operation, and outcome evaluation of palliative care initiatives in the 5
state. 6
(j) The task force shall expire on December 31, 20 21, unless extended 7
by the General Assembly. 8
9
20-8-703. Reports. 10
(a) The Palliative Care and Quality of Life Interdisciplinary Task 11
Force shall submit a preliminary report to the Governor, President Pro 12
Tempore of the Senate, and the Speaker of the Hous e of Representatives on or 13
before January 17, 2019, that includes without limitation: 14
(1) Recommendations for the establishment, maintenance, 15
operation, and outcome evaluation of palliative care initiatives in the 16
state; and 17
(2) Recommendations for a ny statutory changes to be considered 18
by the General Assembly. 19
(b) The task force shall submit a follow -up report to the Governor, 20
President Pro Tempore of the Senate, and the Speaker of the House of 21
Representatives on or before December 31, 2020, detail ing the implementation 22
of the recommendations from the preliminary report. 23
(c) On and after August 1, 2017, the task force shall submit and 24
present a quarterly report to the Senate Committee on Public Health, Welfare, 25
and Labor and the House Committee on Public Health, Welfare, and Labor. 26
27
SECTION 58. Arkansas Code § 20 -14-204 is amended to read as follows: 28
20-14-204. Officers. 29
(a) The Chair of the Governor's Commission on People with Disabilities 30
shall be appointed biennially by the Governor and ser ve at the pleasure of 31
the Governor. 32
(b) The chair shall select an executive board. 33
(c) The Executive Board of the Governor's Commission on People with 34
Disabilities is empowered to select from the commission membership a vice 35
chair should such a position be desirable. 36 SB356
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(d)(c) The chair, or in his or her absence the Vice Chair of the 1
Governor's Commission on People with Disabilities, shall exercise general 2
supervision of all commission affairs. 3
(e)(d) The chair shall preside over all meetings of the commission and 4
executive board, appoint subcommittees and chairs, and serve as an ex officio 5
member of all subcommittees. 6
7
SECTION 59. Arkansas Code § 20 -14-207 is repealed. 8
20-14-207. Executive board. 9
(a) The Chair of the Governor's Commission on People with Disabilities 10
shall name an executive board from the membership consisting of no more than 11
five (5) members, taking into consideration that consumer representati on must 12
be assured. 13
(b) The Executive Board of the Governor's Commission on People with 14
Disabilities shall be responsible for the following activities: 15
(1) [Repealed.] 16
(2) Acting on behalf of the Governor's Commission on People with 17
Disabilities between regular meetings of the full commission; 18
(3) Establishing a schedule for regular commission meetings and 19
holding such other meetings of the executive board as may be necessary; 20
(4) Preparing an annual plan of work for the commission, subject 21
to the approval of the commission; 22
(5) Assuring that commission activities coordinate with those of 23
other public and private agencies responsible for providing services to 24
disabled citizens; 25
(6) Scheduling a public hearing on any commission -related matter 26
if a hearing is required by state law or deemed necessary by the commission; 27
and 28
(7) Establishing such subcommittees as may be necessary to carry 29
out the powers and duties of the commission. 30
31
SECTION 60. Arkansas Code § 20 -14-208(a), concerning su bcommittees of 32
the Governor's Commission on People with Disabilities, is amended to read as 33
follows: 34
(a) The Executive Board of the Governor's Commission on People with 35
Disabilities shall establish such subcommittees as it determines necessary. 36 SB356
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1
SECTION 61. Arkansas Code § 20 -14-210(b), concerning gifts, grants, 2
and donations to the Governor's Commission on People with Disabilities, is 3
amended to read as follows: 4
(b) The commission may disburse and administer the gifts, grants, and 5
donations in accordance with the conditions established by the Executive 6
Board of the Governor's Commission on People with Disabilities commission. 7
8
SECTION 62. Arkansas Code § 20 -45-302 is repealed. 9
20-45-302. Creation and purpose. 10
(a) There is established the “Arkans as Suicide Prevention Council”. 11
(b) The purpose of the council is to serve as a central body on 12
suicide prevention efforts across the state, including without limitation: 13
(1) Setting priorities for statewide, data -driven, evidence-14
based, and clinicall y informed suicide prevention in Arkansas; 15
(2) Providing a public forum to examine the current status of 16
suicide prevention and intervention policies, priorities, and practices; 17
(3) Identifying interested parties, community, state, and 18
national prevention providers and stakeholders for collaboration and devising 19
a system of gathering data and other information to ensure coordination of 20
suicide prevention resources and services throughout Arkansas; 21
(4) Assisting private, nonprofit, and faith -based entities, 22
including without limitation coalitions, foundations, initiatives, churches, 23
veterans groups, substance abuse recovery groups, senior adult organizations, 24
grief support groups, injury prevention groups, and other groups to enhance 25
suicide prevention and survivor support efforts; and 26
(5) Aiding in the development of evaluation tools and data 27
collection for use in reporting suicide prevention efforts to the public. 28
(c) Within sixty (60) days of July 22, 2015, there shall be appointed 29
to the council no more than twenty -three (23) members, including: 30
(1) A representative of the office of the Attorney General, to 31
be designated by the Attorney General; 32
(2) A representative of the Division of Aging, Adult, and 33
Behavioral Health Services of the D epartment of Human Services, to be 34
designated by the Director of the Division of Aging, Adult, and Behavioral 35
Health Services of the Department of Human Services; 36 SB356
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(3) A representative of the Division of Elementary and Secondary 1
Education, to be designat ed by the Commissioner of Elementary and Secondary 2
Education; 3
(4) A representative of the Division of Youth Services, to be 4
designated by the head of the Division of Youth Services; 5
(5) A representative of Arkansas Children's Hospital, to be 6
designated by the President and Chief Executive Officer of Arkansas 7
Children's Hospital; 8
(6) A representative of law enforcement, to be designated by the 9
Director of the Division of Arkansas State Police; 10
(7) A representative from higher education, to be designated by 11
the Director of the Division of Higher Education; 12
(8) A representative from kindergarten through grade twelve (K -13
12) education, to be designated by the Arkansas Education Association; 14
(9) A representative from an employee assistance pro gram or 15
human resources in the private sector, to be designated by the Governor; 16
(10) A licensed mental health professional, to be designated by 17
the Governor; 18
(11) A representative of substance -abuse treatment providers, to 19
be designated by the Gover nor; 20
(12) A representative of primary medical care providers, to be 21
designated by the Governor; 22
(13) A representative of first responders, to be designated by 23
the Governor; 24
(14) A representative from a hospital with an on -site emergency 25
department, to be designated by the Governor; 26
(15) A hospital-based social worker, to be designated by the 27
Governor; 28
(16) An elected coroner, to be designated by the Governor; 29
(17) An active member or veteran of any branch of the United 30
States Armed Forces, to be designated by the Governor; 31
(18) Two (2) family members of persons who died by suicide, to 32
be designated by the Governor; 33
(19) A person who has attempted suicide, recovered, and is now 34
thriving, to be designated by the Governor; 35
(20) A representative of the suicide prevention nonprofit 36 SB356
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community, to be designated by the Governor; 1
(21) A representative of the Arkansas Prevention Network, to be 2
designated by the President of the Arkansas Prevention Network; and 3
(22) A representative from an interfaith organization, to be 4
designated by the Governor. 5
(d) The council shall elect annually two (2) cochairs, a vice chair, 6
and a secretary who will serve as an executive board. 7
(e)(1) The council shall establish a charter and bylaws within nin ety 8
(90) days of the first meeting. 9
(2) A quorum for conducting business is one -half (½) of the 10
appointed members. 11
(f)(1) The council shall meet at least four (4) times each year. 12
(2) The council shall meet at times and places that the cochairs 13
deem necessary, but no meeting shall be held outside the state. 14
(3) Special meetings may be held at the call of the cochairs, as 15
needed. 16
(g)(1) The appointed members of the council shall serve staggered 17
terms of four (4) years with no more than two (2) c ontiguous terms. 18
(2) If a vacancy occurs in an appointed position, the vacancy 19
shall be filled for the unexpired term by an appointment made in the same 20
manner as the original appointment. 21
(h) Appointments shall: 22
(1) Represent persons of different ethnic backgrounds; 23
(2) Include members from each of Arkansas's four (4) 24
congressional districts; and 25
(3) Include members with expertise from groups associated with 26
high suicide rates and suicide attempts. 27
(i)(1) The members of the council shall serve without compensation but 28
may seek reimbursement for travel expenses to and from meetings of the 29
council. 30
(2) The expense reimbursement shall be paid by the Department of 31
Health from moneys available for that purpose. 32
(j) The Department of Health shall provide staff and programmatic 33
support for the council to the extent that funding is available. 34
(k) The Department of Health is the designated agency for the purposes 35
of suicide prevention and related state and federal programmatic and funding 36 SB356
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applications. 1
(l) Within the first year of its creation, the council shall make 2
recommendations to the General Assembly on staffing and funding needs to 3
implement an effective statewide suicide prevention program. 4
5
SECTION 63. Arkansas Code § 20 -47-704 is repealed. 6
20-47-704. Children's Behavioral Health Care Commission — Composition — 7
Duties. 8
The Governor shall establish a Children's Behavioral Health Care 9
Commission. The commission shall: 10
(1) Consist of nine (9) members, who shall: 11
(A) Include families and advocates for children receiving 12
behavioral healthcare services and representatives from a variety of 13
behavioral healthcare agencies, disciplines, and providers; and 14
(B) Serve three-year terms, except that the initial term 15
for two-thirds (2/3) of the membership shall be equally divided by lot with 16
one-half of such persons serving an initial term of one (1) year and the 17
other half serving an initial term of two (2) years; and 18
(2) Provide advice and guidance to the Department of Human 19
Services and other state agencies providing behavioral healthcare services to 20
children, youth, and their families on the most effective methods for 21
establishing a system -of-care approach. 22
23
SECTION 64. Arkansas Code § 20 -47-705 is amended to read as follows: 24
20-47-705. Behavioral healthcare initiatives. 25
The Department of Human Services , with advice from the Children's 26
Behavioral Health Care Commission, shall: 27
(1) Identify and implement actions for ensuring that children, 28
youth, and their families are full partners in the design and implementation 29
of all aspects of the system of care as well as full partners in decisions 30
about their care or their children's care; 31
(2) Identify up to two million dollars ($2,000,000) per year to 32
apply to the following purpos es: 33
(A) Meeting extraordinary, non -Medicaid-reimbursable needs 34
of children, youth, and their families, as identified in multiagency plans of 35
services; 36 SB356
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(B) Supporting creation or strengthening of entities 1
designed to guide the development and operat ion of local, regional, and state 2
components of the system of care; 3
(C) Strengthening family and advocate skills and capacity 4
to provide meaningful input on the system of care; and 5
(D) Supporting the development and enhancement of needed 6
behavioral healthcare services in underserved areas; 7
(3) Revise Medicaid rules to increase quality, accountability, 8
and appropriateness of Medicaid -reimbursed behavioral healthcare services, 9
including, but not limited to: 10
(A) Clarifying behavioral healthcare services definitions 11
to assure that the definitions are appropriate to the needs of children, 12
youth, and their families; 13
(B) Revising the process for Medicaid to receive, review, 14
and act upon requests for behavioral health care for children and youth 15
classified as seriously emotionally disturbed; 16
(C) Clarifying Medicaid certification rules for providers 17
serving children, youth, and their families to assure that the certification 18
rules correlate with the requirements for enrollment as a Medicaid prov ider 19
of behavioral healthcare services; 20
(D)(i) Defining a standardized screening and assessment 21
process designed to provide early identification of conditions that require 22
behavioral healthcare services. 23
(ii) The standardized process shall ensure that: 24
(a) Assessments guide service decisions, 25
outcomes, and, if appropriate, development of a multiagency plan of services; 26
and 27
(b) Services delivered are appropriate to meet 28
the needs of the child as identified by the assessment; 29
(4) Research, identify, and implement innovative and promising 30
local, regional, or statewide approaches for better managing the state's 31
resources devoted to children's behavioral health; and 32
(5) Create additional capacity within the Division of Aging, 33
Adult, and Behavioral Health Services of the Department of Human Services to 34
develop, support, and oversee the new system of care for behavioral 35
healthcare services for children, including: 36 SB356
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(A)(i) Selecting a new outcomes measurement tool to 1
support an improved system of tracking, accountability, and decision -making. 2
(ii) The new outcomes measurement tool shall be 3
selected no later than September 30, 2015, and shall replace the current 4
outcomes measurement tool for purposes of reporting required in § 20 -47-510; 5
and 6
(B) Creating additional staff support to provide technical 7
assistance, utilize information, identify and encourage best practices, 8
monitor performance, and recommend system improvements. 9
10
SECTION 65. Arkansas Code § 20 -77-2201 is repealed. 11
20-77-2201. Title. 12
This subchapter shall be known and may be cited as the “Healthcare 13
Quality and Payment Policy Advisory Committee Act”. 14
15
SECTION 66. Arkansas Code § 20 -77-2203 is repealed. 16
20-77-2203. Healthcare Quality and Payment Policy Advisory Com mittee — 17
Created — Membership. 18
(a) The Healthcare Quality and Payment Policy Advisory Committee is 19
created. 20
(b)(1) Except as provided under subdivision (b)(2) of this section, 21
the committee shall consist of the following seven (7) voting members: 22
(A) Three (3) members appointed by the President Pro 23
Tempore of the Senate, including: 24
(i) One (1) physician in good standing with the 25
Arkansas State Medical Board; 26
(ii) One (1) member nominated by the Arkansas 27
Hospital Association, Inc. who repre sents hospitals with more than one 28
hundred (100) beds; and 29
(iii) One (1) medical director of a commercially 30
owned insurance company participating with the Division of Medical Services 31
of the Department of Human Services in the Arkansas Health Care Pay ment 32
Improvement Initiative; 33
(B) Three (3) members appointed by the Speaker of the 34
House of Representatives, including: 35
(i) Two (2) physicians nominated by the Arkansas 36 SB356
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Medical Society, Inc.; and 1
(ii) One (1) member nominated by the Arkansas 2
Hospital Association, Inc. who represents hospitals with fewer than one 3
hundred (100) beds; and 4
(C) The Director of the Division of Medical Services of 5
the Department of Human Services. 6
(2)(A) For purposes of reviewing a draft rule related to long -7
term care services and supports, the committee shall include the following 8
five (5) additional voting members: 9
(i) One (1) member nominated by the Arkansas Health 10
Care Association to represent nursing homes and appointed by the President 11
Pro Tempore of the Senate; 12
(ii) One (1) member nominated by the Arkansas 13
Association of Area Agencies on Aging and appointed by the President Pro 14
Tempore of the Senate; 15
(iii) One (1) member nominated by the Arkansas 16
Residential Assisted Living Association, Inc. and appointed by the President 17
Pro Tempore of the Senate; 18
(iv) One (1) member nominated by the Arkansas 19
Residential Assisted Living Association, Inc. and appointed by the Speaker of 20
the House of Representatives; and 21
(v) One (1) member nominated by the HomeCare 22
Association of Arkansas and appointed by the Speaker of the House of 23
Representatives. 24
(B)(i) As used in subdivision (b)(2)(A) of this section, 25
“long-term care services and supports” does not include services provided in 26
intermediate care facilities for individuals with developmental disabilities 27
or services provided by an entity licensed or certified by the Division of 28
Developmental Disabilities Services of the Department of Human Services. 29
(ii) For purposes of reviewing a draft rule related 30
to services provided in intermediate care facilities for individuals with 31
developmental disabilities and services provided by an entity licensed or 32
certified by the Division of Developmental Disabilities Services, § 20 -77-33
2205(b)(2) applies. 34
(3) A medical director of a commercially owned insurance company 35
participating with the Division of Medical Services in the Arkansas 36 SB356
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Healthcare Payment Improvement Initiative who is not appointed under 1
subdivision (b)(1)(A)(iii) of this section ma y serve as an ex officio member 2
of the committee but shall not vote. 3
(c) The committee may appoint subcommittees of the committee to study, 4
research, and advise the committee. 5
(d) The Department of Human Services may provide offices and staff for 6
the committee. 7
(e)(1) The members of the committee shall serve two -year terms. 8
(2) At the first meeting of the committee, the length of the 9
terms of the initial appointees shall be determined by lot. 10
(f) The members of the committee shall hold the first meeting in 11
offices made available by the department within thirty (30) days of the 12
appointment of the members of the committee. 13
(g) The committee annually shall select from its membership a chair 14
and a vice chair. 15
(h)(1) A majority of the membership of the committee constitutes a 16
quorum. 17
(2) A majority vote of the members present is required for any 18
action of the committee. 19
(i)(1) A vacancy on the committee due to death, resignation, removal, 20
or another cause shall be filled in the same manner as t he initial 21
appointment. 22
(2) A member appointed to fill a vacancy shall serve for the 23
remainder of the vacated term. 24
(j) The members of the committee may be removed by the appointing 25
official for cause. 26
(k) Members of the committee except those emplo yed by the state may 27
receive expense reimbursement and stipends under § 25 -16-901 et seq. 28
29
SECTION 67. Arkansas Code § 20 -77-2204 is repealed. 30
20-77-2204. Purpose. 31
The purpose of the Healthcare Quality and Payment Policy Advisory 32
Committee is to make r ecommendations and provide advice and assistance to the 33
Department of Human Services concerning the promulgation of rules submitted 34
by the department to the committee to promote high -quality, safe, effective, 35
timely, efficient, and patient -centered physician services, hospital 36 SB356
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services, and long-term care services and supports in the State of Arkansas, 1
as related to the development of episodes of care and the episodes -of-care 2
target prices and quality metrics within the Arkansas Healthcare Payment 3
Improvement Initiative. 4
5
SECTION 68. Arkansas Code § 20 -77-2205 is amended to read as follows: 6
20-77-2205. Medicaid payment and reimbursement rules related to 7
development of episodes of care. 8
(a)(1) The Department of Human Services shall not adopt a rule under 9
the Arkansas Administrative Procedure Act, § 25 -15-201 et seq., related to 10
the development of episodes of care for patient -centered physician services, 11
hospital services, and long -term care services and supports, including 12
without limitation the episodes -of-care target prices and quality metrics, 13
without first submitting the proposed rule to the Healthcare Quality and 14
Payment Policy Advisory Committee for review. 15
(2) Concurrent with a submission of a draft rule to the 16
committee under subdivision (a)(1) of this section, the department shall 17
issue a public notice of the draft rule for which the department shall: 18
(A) Include in the notice a statement of the terms or 19
substance of the draft rule and the specific provider category or categories 20
affected; 21
(B) Mail the notice to any person who requests notice of a 22
submission of a draft rule to the committee under subdivision (a)(1) of this 23
section; and 24
(C) Post the notice on the department’s website i n a 25
section dedicated to the committee . 26
(3) Concurrent with a submission of a draft rule to the 27
committee under subdivision (a)(1) of this section, the The department shall 28
post the draft rule on its website in a section dedicated to the committee 29
during the entire period the draft rule is under conside ration by the 30
committee. 31
(4)(2) The department shall provide to a person who requests the 32
information a meeting notice that identifies the time and place of each 33
committee and subcommittee meeting and the draft rules under consideration by 34
the committee or subcommittee at each meeting . 35
(b)(1) At least forty-five (45) days before initiating the 36 SB356
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promulgation process under the Arkansas Administrative Procedure Act, § 25 -1
15-201 et seq., for a rule related to the development of episodes of care for 2
patient-centered physician services, hospital services, or long -term care 3
services and supports, including without limitation the episodes -of-care 4
target prices and quality metrics, the department shall submit the draft rule 5
to the committee for review and advice. 6
(2)(A) If the draft rule pertains to a healthcare provider 7
listed in § 20-77-2202(2) whose provider category is not represented on the 8
committee, the committee department shall seek representation by designated 9
representatives of the statewide provider association or associations for 10
that provider category for the purpose of review and advice. 11
(B)(2) The committee department shall: 12
(i)(A) Provide at least twenty -five (25) days for 13
the representatives of the affected healthcare providers to revi ew and 14
comment on the draft rule; and 15
(ii)(B) Afford the representatives the opportunity 16
to participate in committee and subcommittee deliberations on the draft rule. 17
(C)(i) The committee shall not provide advice to the 18
department without seeking the input of the affected healthcare providers. 19
(ii) If the committee does not reach agreement with 20
a provider association on a draft rule pertaining to a healthcare provider 21
not represented on the committee, the committee shall prepare a written 22
report that objectively states the information and viewpoints presented but 23
does not advise the department concerning how to proceed on the draft rule. 24
(c) A rule required to be submitted to the committee under subsection 25
(b) of this section that is adopted without following this section is void. 26
(d)(1) The committee shall issue and deliver a written advisory 27
statement to the department within thirty (30) calendar days after the 28
department's submission of the proposed rule to the committee. 29
(2) If the department fails to follow the advice of the 30
committee with respect to a proposed rule under this section, the department, 31
before beginning the promulgation process, shall prepare a written report 32
setting out the advice of the committee and an explanation of the reason that 33
the department decided not to follow the committee's advice with regard to 34
the rule. 35
(3) The department shall make available for public review the 36 SB356
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report required under subdivision (d)(2) of this section and the text of the 1
proposed rule during the public comment period. 2
(4) The department may begin the promulgation process for the 3
proposed rule if the committee does not issue and deliver a written advisory 4
statement to the department within thirty (30) calendar days after the 5
department's submission of the proposed rule to the committee. 6
(e)(c) After the public comment period, the department shall retain 7
and make available for public review the report required under subdivision 8
(d)(2) of this section and the text of any final rule i ssued. 9
10
SECTION 69. Arkansas Code § 20 -77-2206 is repealed. 11
20-77-2206. Powers and duties of Healthcare Quality and Payment Policy 12
Advisory Committee. 13
The Healthcare Quality and Payment Policy Advisory Committee shall: 14
(1) Review and provide advice regarding draft rules submitted by 15
the Department of Human Services under § 20 -77-2205; 16
(2) Have the authority to obtain from the department all data 17
and analysis required to fully meet its charge under § 20 -77-2204; and 18
(3) Provide reports to the Le gislative Council upon request. 19
20
SECTION 70. Arkansas Code § 20 -77-2207 is repealed. 21
20-77-2207. Confidentiality. 22
(a) To the extent that the data, records, reports, and documents 23
identify or could be used to identify an individual patient, a healthcare 24
provider, an institution, or a health plan, the data, records, reports, and 25
documents collected or compiled by or on behalf of the Healthcare Quality and 26
Payment Policy Advisory Committee are confidential and are not subject to 27
disclosure under state and federal law. 28
(b) Data, records, reports, and documents collected or compiled by or 29
on behalf of the committee are not admissible in a legal proceeding and are 30
exempt from discovery and disclosure to the same extent that records of and 31
testimony before committees that evaluate the quality of medical or hospital 32
care are exempt under § 16 -46-105(a)(1). 33
(c) A healthcare provider's use of the information in its internal 34
operations does not operate as a waiver of the confidentiality protections 35
under this section. 36 SB356
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(d) The committee shall treat data, records, reports, and documents in 1
a manner consistent with state and federal privacy requirements, including 2
without limitation the privacy requirements under the Health Insurance 3
Portability and Acco untability Act of 1996, 45 C.F.R. § 164.512(i). 4
5
SECTION 71. Arkansas Code § 21 -11-105 is repealed. 6
21-11-105. Suggestion Award Board. 7
(a)(1) There is created the Suggestion Award Board. 8
(2) The membership of the board shall consist of the Secretary 9
of the Department of Transformation and Shared Services, the State Personnel 10
Administrator, who shall serve as chair, and the cochairs of the Legislative 11
Council. 12
(b) The decisions of the board regarding suggestions, awards, and 13
appeals shall be final and binding to all parties concerned. 14
(c)(1) The board will review suggestions after the suggestor has filed 15
a formal appeal. 16
(2) If, in the opinion of the board, further evaluation is 17
needed, the board may request the agency to reevaluate the suggestion. 18
19
SECTION 72. Arkansas Code § 21 -11-106 is repealed. 20
21-11-106. Reports by State Personnel Administrator. 21
(a) The State Personnel Administrator shall prepare and annually 22
transmit a report detailing the operations of the Employee Suggestio n System, 23
including an accounting of all awards granted and any other information 24
deemed appropriate by the director and the Governor. 25
(b)(1) The State Personnel Administrator shall submit monthly to the 26
Suggestion Award Board a list of all suggestions w hich have been at agencies 27
for evaluation for a period exceeding thirty (30) days. 28
(2) The list shall show the suggestion number, the agency doing 29
the evaluation, and the date the suggestion was sent to the agency for 30
evaluation. 31
32
SECTION 73. Arkansas Code § 23-115-204 is repealed. 33
23-115-204. Lottery Retailer Advisory Board. 34
(a)(1) The Director of the Office of the Arkansas Lottery shall 35
appoint a Lottery Retailer Advisory Board to be composed of ten (10) 36 SB356
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retailers. 1
(2) In making appointments to the board, the director may 2
consider a broad spectrum of geographical, racial, gender, and business 3
characteristics of retailers. 4
(3) The board shall advise the Office of the Arkansas Lottery on 5
retail aspects of lotteries and present the concerns of r etailers throughout 6
the state. 7
(b)(1) Except as provided in subdivision (b)(2) of this section, each 8
member appointed to the board shall serve a term of two (2) years. 9
(2)(A) Five (5) of the initial appointees shall serve initial 10
terms of one (1) year. 11
(B) The initial appointees shall draw lots to determine 12
which five (5) members shall serve a one -year term. 13
(3) A member of the board shall not serve more than six (6) 14
terms. 15
(c)(1) The board shall provide by rule for its operating procedure s. 16
(2) Members shall serve without compensation or reimbursement of 17
expenses. 18
(3) The board may report to the office and the Legislative 19
Council in writing at any time. 20
(4) The director may invite the board to make an oral 21
presentation to the offi ce at any time. 22
(d) The following shall not be appointed as a member of the board: 23
(1) A member of the immediate family of the Secretary of the 24
Department of Finance and Administration; 25
(2) A member of the immediate family of the director; or 26
(3) A member of the immediate family of an employee of the 27
office. 28
29
SECTION 74. Arkansas Code § 23 -115-206(a)(8)(D)(x), concerning 30
internal controls and the annual audit of the Office of the Arkansas Lottery, 31
is repealed. 32
(x) A report from the Lottery Retailer Advisory Board, if 33
a report was received during the fiscal year; 34
35
SECTION 75. Arkansas Code § 23 -115-206(b)(4), concerning internal 36 SB356
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controls and the annual audit of the Office of the Arkansas Lottery, 1
is amended to read as follows: 2
(4) This chapter does not limit the statutory authority of 3
Arkansas Legislative Audit or the responsibilities of the office or related 4
entities, members of the Lottery Retailer Advisory Board, employees, vendors, 5
retailers, or any other individuals or entities to cooperate with Arkansas 6
Legislative Audit or provide information or records requested by Arkansas 7
Legislative Audit. 8
9
SECTION 76. Arkansas Code § 25 -3-104 is repealed. 10
25-3-104. Arkansas Natural and Cultural Heritage Advisory Committee. 11
(a) There is established an Arkansas Natural and Cultural Heritage 12
Advisory Committee whose members shall consist of: 13
(1) The Director of the Division of Arkansas Heritage; 14
(2) The Director of the Arkansas Economic Development 15
Commission; 16
(3) The Director of St ate Highways and Transportation; 17
(4) The Secretary of the Department of Health; 18
(5) The Secretary of the Department of Parks, Heritage, and 19
Tourism; 20
(6) The Director of the Arkansas State Game and Fish Commission; 21
(7) A person appointed by the Governor; 22
(8) A person appointed by the President Pro Tempore of the 23
Senate; and 24
(9) A person appointed by the Speaker of the House of 25
Representatives. 26
(b)(1) Except as provided in subdivision (b)(2) of this section, 27
persons appointed to the commit tee by the Governor, President Pro Tempore of 28
the Senate, and the Speaker of the House of Representatives shall serve terms 29
of three (3) years. 30
(2) At the first meeting of the committee after the effective 31
date of this act, members appointed to the comm ittee by the Governor, Speaker 32
of the House of Representatives, or President Pro Tempore of the Senate shall 33
draw lots to stagger terms so that: 34
(A) One (1) member shall serve a term of one (1) year; 35
(B) One (1) member shall serve a term of two (2) years; 36 SB356
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and 1
(C) One (1) member shall serve a term of three (3) years. 2
(c) The committee shall elect from its membership a chair and vice -3
chair. 4
(d) A vacancy on the committee in the positions appointed by the 5
Governor, President Pro Tempore of the Senate, and the Speaker of the House 6
of Representatives shall be filled by the appointing authority for the 7
unexpired portion of the term in which it occurs. 8
(e) A majority of the total membership of the committee constitutes a 9
quorum. 10
(f) Members of the committee appointed by the Governor, President Pro 11
Tempore of the Senate, and Speaker of the House of Representatives may 12
receive expense reimbursement and stipends under § 25 -16-901 et seq. as 13
allowed by law. 14
15
SECTION 77. Arkansas Code § 25 -16-903(69), concerning the 16
authorization for a stipend for state boards and commissions, is repealed. 17
(69) Arkansas Natural and Cultural Heritage Advisory Committee; 18
19
SECTION 78. Arkansas Code § 25 -24-102(6)(A), concerning the duties of 20
the Martin Luther King, Jr. Commission, is repealed. 21
(6)(A) To establish a Martin Luther King, Jr. Youth Commission 22
to educate young persons on the principles and legacy of Martin Luther King, 23
Jr. 24
(B) Members of the Martin Luther King, Jr. Youth 25
Commission may receive exp ense reimbursement in accordance with § 25 -16-901 26
et seq.; and 27
28
SECTION 79. Arkansas Code § 25 -33-101 is repealed. 29
25-33-101. State Technology Council. 30
(a) There is created the State Technology Council to consist of the 31
following members: 32
(1) The Director of the Division of Information Systems or his 33
or her designee who shall act as chair of the council; 34
(2) The Secretary of the Department of Transformation and Shared 35
Services or his or her designee; 36 SB356
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(3) Two (2) members from the private sector appointed by the 1
Governor with knowledge and experience in the management and implementation 2
of information technology; and 3
(4) Two (2) members from state agencies appointed by the 4
Governor who have knowledge and experience in the management and 5
implementation of information technology. 6
(b) The council shall be responsible for developing: 7
(1) The information technology standards and specifications for 8
state agencies; 9
(2) A state information technology plan that shall establish 10
state-level mission, goals, and objectives for the use of information 11
technology; and 12
(3) Technical standards and specifications to support the 13
state's shared enterprise architecture. 14
(c) The council may meet as deemed necessary by the chair of the 15
council. 16
(d) A quorum of the council shall consist of three (3) members. 17
(e) Members of the council shall serve without compensation. 18
(f) The chair of the council shall file a quarterly status report with 19
the Governor and the Joint Committee on Advanced Communicat ions and 20
Information Technology. 21
22
SECTION 80. Arkansas Code § 25 -43-302(7), concerning the state 23
entities transferred to the Department of Commerce, is repealed. 24
(7) The Arkansas Housing Trust Fund Advisory Committee, created 25
under § 15-5-1706; 26
27
SECTION 81. Arkansas Code § 25 -43-802(47), concerning the state 28
entities transferred to the Department of Health, is repealed. 29
(47) The State Board of Disease Intervention Specialists, 30
created under § 17-98-201; 31
32
SECTION 82. Arkansas Code § 25 -43-902(15), concerning the state 33
entities transferred to the Department of Human Services, is repealed. 34
(15) The Youth Justice Reform Board, created under § 9 -28-1201. 35
36 SB356
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SECTION 83. Arkansas Code § 25 -43-1302(a)(5), concerning state 1
entities transferred to t he Department of Parks, Heritage, and Tourism, is 2
repealed. 3
(5) The Arkansas Natural and Cultural Heritage Advisory 4
Committee, created under § 25 -3-104; 5
6
SECTION 84. Arkansas Code § 25 -43-1502(10), concerning the state 7
entities transferred to the Depa rtment of Transformation and Shared Services, 8
is repealed. 9
(10) The State Technology Council, created under § 25 -33-101. 10
11
SECTION 85. Arkansas Code § 26 -27-201(a), concerning the authority of 12
the Arkansas Public Service Commission, is amended to read as follows: 13
(a) The Arkansas Public Service Commission shall constitute the State 14
Equalization Board and shall equalize the assessment of property throughout 15
the state. 16
17
SECTION 86. Arkansas Code § 26 -27-202 is amended to read as follows: 18
26-27-202. Meeting. 19
(a) The Arkansas Public Service Commission shall meet as the State 20
Equalization Board on the first Monday in October of each year for the 21
purpose of equalizing the taxable valuation of all real or personal property. 22
(b) The board commission shall: 23
(1) Examine and compare the returns of the assessment of 24
property in the counties of this state; 25
(2) Summon and hear witnesses and make or cause to be made 26
investigation relative thereto; and 27
(3) Proceed to equalize the property, so that a ll the taxable 28
property throughout this state shall be assessed uniformly at its true and 29
full market or actual value, or at such percentage as has been duly certified 30
by the commission. 31
32
SECTION 87. The introductory language of Arkansas Code § 26 -27-203 is 33
amended to read as follows: 34
In the performance of its duties, the members of the State Equalization 35
Board Arkansas Public Service Commission shall be governed by the following 36 SB356
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rules: 1
2
SECTION 88. Arkansas Code § 26 -27-204 is amended to read as follows: 3
26-27-204. Order of adjustment. 4
(a) A record of the proceedings of the State Equalization Board 5
Arkansas Public Service Commission shall be kept by the secretary thereof. 6
(b)(1) A certified copy of the record or such part thereof as affects 7
his or her county shall, on or before the third Monday in November, be 8
furnished the county clerk of each county in which property, the assessed 9
valuation of which has been ordered by the board commission increased or 10
reduced, is situated. 11
(2) In carrying out the order of the board commission, the 12
county clerk shall add to or deduct from the valuation of any property, as 13
adjusted by the local assessment and equalization officials, such percentage 14
or amount as the board commission might so order and shall enter the adjusted 15
or equalized valuation in the proper record and extend taxes thereon. 16
17
SECTION 89. Arkansas Code § 26 -27-320(b), concerning the assessed 18
values entered on record, is amended to read as follows: 19
(b) In making the tax books of the cou nty, unless further adjustments 20
are ordered by the county court or the State Equalization Board Arkansas 21
Public Service Commission , the county clerk shall extend the taxes on the 22
adjusted or equalized values. 23
24
SECTION 90. Arkansas Code § 26 -27-321(a), concerning abstract of tax 25
books to be filed, is amended to read as follows: 26
(a) The county clerk of each county shall, on or before the second 27
Monday in November of each year, unless otherwise ordered and directed by the 28
State Equalization Board Arkansas Public Service Commission , file with the 29
State Equalization Board commission, on such forms as it may prescribe, a 30
“final abstract of the tax books”. 31
32
SECTION 91. Arkansas Code § 26 -28-303 is amended to read as follows: 33
26-28-303. Duty of county assesso r. 34
Under the system provided for in this subchapter: 35
(1) It is the duty of the county assessor of each county to 36 SB356
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enter upon the assessment record of the county the adjusted or equalized 1
assessed value of any and all property as found and fixed by the c ounty 2
equalization board; 3
(2) In making the tax books of the county, unless further 4
adjustments are ordered by the county court or the State Equalization Board 5
Arkansas Public Service Commission , the preparer of the tax books shall 6
extend the taxes on the adjusted or equalized values; 7
(3) The county assessor shall deliver the assessment abstract to 8
the State Equalization Board commission by August 1 of each year; 9
(4)(A) The county assessor shall make any changes to the 10
abstract after the State Equalization Board commission finalizes its action. 11
(B) All changes in assessments, after the county assessor 12
prepares the final abstract of the tax books, shall be made as specified in § 13
26-28-305(1) and documented by means of a prenumbered two -part change form 14
with the reason for the change noted; and 15
(5)(A) The county assessor of each county shall, on or before 16
the third Monday in January of each year, unless otherwise ordered and 17
directed by the State Equalization Board commission, file with the State 18
Equalization Board commission, on such forms as it may prescribe, a final 19
abstract of the tax books. 20
(B) The final abstract of the tax books shall show, by 21
total of items and value, the total assessment of the county after all 22
adjustments. 23
24
SECTION 92. EMERGENCY CLAUSE. It is found and determined by the 25
General Assembly of the State of Arkansas that it is important to the 26
citizens of Arkansas that state government services be provided in an 27
efficient and cost-effective manner; that the abolishm ent of state entities 28
that are no longer active is an effective way to achieve both operational 29
efficiencies and economies of scale; and that this act is necessary to obtain 30
cost efficiencies and streamline the provision of government services without 31
delay for the benefit of Arkansas taxpayers to allow services that preserve 32
the health, safety, and property of Arkansas citizens ; and that this act 33
abolishing the entities contained in this act should become effective on July 34
1, 2023, to coincide with the app ropriation bills of all the state 35
departments. Therefore, an emergency is declared to exist, and this act 36 SB356
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being necessary for the preservation of the public peace, health, and safety 1
shall become effective on July 1, 2023. 2
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