Arkansas 2023 Regular Session

Arkansas Senate Bill SB356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 365 of the Regular Session
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4	3
5	4		State of Arkansas As Engrossed: S3/8/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 356 3
8	7		4
9	8		By: Senators J. English, K. Hammer 5
10	9		By: Representatives Cavenaugh, Vaught 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO ABOLISH IN ACTIVE STATE ENTITIE S; TO AMEND 9
14	13		THE LAW CONCERNING T HE REPORTING OF BOAR DS AND 10
15	14		COMMISSIONS; TO DECL ARE AN EMERGENCY; AN D FOR OTHER 11
16	15		PURPOSES. 12
17	16		13
18	17		14
19	18		Subtitle 15
20	19		TO ABOLISH INACTIVE STATE ENTITIES; TO 16
21	20		AMEND THE LAW CONCERNING THE REPORTING OF 17
22	21		BOARDS AND COMMISSIONS; AND TO DECLARE AN 18
23	22		EMERGENCY. 19
24	23		20
25	24		21
26	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
27	26		23
28	27		SECTION 1. DO NOT CODIFY. Abolition of state entities, boards and 24
29	28		commissions – Legislative findings. 25
30	29		(a) The General Assembly finds that the following state entities are 26
31	30		no longer active and are abolished: 27
32	31		(1) Arkansas Commission on Eye and Vision Care of School -Age 28
33	32		Children, created under § 6 -18-1802; 29
34	33		(2) Board of Advisors to Arkansas State University -Searcy, 30
35	34		created under § 6-56-103; 31
36	35		(3) Youth Justice Reform Board, created under § 9 -28-1201; 32
37	36		(4) Arkansas Statewide Energy Consortium, created under § 6 -61-33
38	37		1501; 34
39	38		(5) Electrical Energy Advancement Program Fund Board, created 35
40	39		under § 6-61-1502; 36 As Engrossed: S3/8/23 SB356
41	40
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43	42
44	43
45	44		(6) Academic Facilities Oversight Committee, created § 10 -3-1
46	45		2201; 2
47	46		(7) Records Retention Committee, created under § 13 -4-203; 3
48	47		(8) Arkansas Delta Music Commission, created under § 13 -15-201; 4
49	48		(9) The Arkansas Housing Trust Fund Advisory Committee, created 5
50	49		under § 15-5-1706; 6
51	50		(10) Nongame Preservation Committee, created under § 15 -45-302; 7
52	51		(11) Medication Assistive Person Advisory Committee, created 8
53	52		under § 17-87-710; 9
54	53		(12) State Board of Disease Intervention Specialists, created 10
55	54		under § 17-98-201; 11
56	55		(13) Electrical Energy Advancement Program Fund, created under § 12
57	56		19-5-1248; 13
58	57		(14) Palliative Care and Quality of Life Interdisciplinary Task 14
59	58		Force, created under § 20 -8-702; 15
60	59		(15) Executive Board of the Governor's Commission on People with 16
61	60		Disabilities, created under § 20 -14-207; 17
62	61		(16) Arkansas Suicide Prevention Council, created under § 20 -45-18
63	62		302; 19
64	63		(17) Children's Behavioral Health Care Commission, created under 20
65	64		§ 20-47-704; 21
66	65		(18) Healthcare Quality and Payment Policy Advisory Committee, 22
67	66		created under § 20-77-2203; 23
68	67		(19) Suggestion Award Board, created under § 21 -11-105; 24
69	68		(20) Lottery Retailer Advisory Board, created under § 23 -115-25
70	69		204; 26
71	70		(21) Arkansas Natural and Cultural He ritage Advisory Committee, 27
72	71		created under § 25-3-104; and 28
73	72		(22) State Technology Council, created under § 25 -33-101. 29
74	73		(b) Any funds, personal property, or real property of an entity under 30
75	74		subsection (a) of this section shall be transferred to the Department of 31
76	75		Finance and Administration. 32
77	76		(c) The terms of all members appointed to an entity under subsection 33
78	77		(a) of this section shall end on the effective date of this act. 34
79	78		35
80	79		SECTION 2. Arkansas Code § 6 -18-1501(b), concerning vision screenings, 36 As Engrossed: S3/8/23 SB356
81	80
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83	82
84	83
85	84		is amended to read as follows: 1
86	85		(b) The Division of Elementary and Secondary Education , in conjunction 2
87	86		with the Arkansas Commission on Eye and Vision Care of School -Age Children, 3
88	87		may coordinate with the Arkansas Optometric Association, Inc., and shall 4
89	88		adopt rules to establish the tests, procedures, equipment, and instruments 5
90	89		that shall be used to perform eye and vision screenings. 6
91	90		7
92	91		SECTION 3. Arkansas Code § 6 -18-1503(a), concerning standardized forms 8
93	92		for eye and vision screening reports, is am ended to read as follows: 9
94	93		(a)(1) Standardized forms for eye and vision screening reports shall 10
95	94		be developed by the Division of Elementary and Secondary Education in 11
96	95		conjunction with the Arkansas Commission on Eye and Vision Care of School -Age 12
97	96		Children and adopted by the division in rules promulgated under the Arkansas 13
98	97		Administrative Procedure Act, § 25 -15-201 et seq. 14
99	98		(2) The division may coordinate with the Arkansas Optometric 15
100	99		Association, Inc., to develop the reports under subdivision (a)(1) of this 16
101	100		section. 17
102	101		18
103	102		SECTION 4. Arkansas Code § 6 -18-1504 is amended to read as follows: 19
104	103		6-18-1504. Training. 20
105	104		The Division of Elementary and Secondary Education may coordinate with 21
106	105		the Arkansas Optometric Association, Inc., and , in conjunction with the 22
107	106		Arkansas Commission on Eye and Vision Care of School -Age Children, shall 23
108	107		adopt rules that establish standards for training school nurses to perform 24
109	108		eye and vision screenings. 25
110	109		26
111	110		SECTION 5. Arkansas Code § 6 -18-1802 is repealed. 27
112	111		6-18-1802. Arkansas Commission on Eye and Vision Care of School -Age 28
113	112		Children. 29
114	113		(a)(1) There is established the Arkansas Commission on Eye and Vision 30
115	114		Care of School-Age Children to be composed of seventeen (17) members. 31
116	115		(2) The following members shall be appointed by the Gov ernor: 32
117	116		(A) Four (4) optometrists; 33
118	117		(B) Two (2) ophthalmologists; 34
119	118		(C) One (1) pediatrician; 35
120	119		(D) One (1) school nurse who is currently working in a 36 As Engrossed: S3/8/23 SB356
121	120
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123	122
124	123
125	124		public elementary school in this state; 1
126	125		(E) One (1) person currently working as a principal in a 2
127	126		public elementary school in this state; and 3
128	127		(F) One (1) person currently working as a classroom 4
129	128		teacher in a public elementary school in this state. 5
130	129		(3) The following members shall be appointed by the Speaker of the 6
131	130		House of Representatives: 7
132	131		(A) One (1) family practice physician; and 8
133	132		(B) One (1) principal of a public elementary school. 9
134	133		(4) The following members shall be appointed by the President Pro 10
135	134		Tempore of the Senate: 11
136	135		(A) One (1) family practice physician; and 12
137	136		(B) One (1) teacher in a public elementary school. 13
138	137		(5) The Chair of the House Committee on Public Health, Welfare, and 14
139	138		Labor shall appoint one (1) member who has a child in a public school in this 15
140	139		state. 16
141	140		(6) The Chair of the Senate Committee on Public Health, Welfare, and 17
142	141		Labor shall appoint one (1) member who has a child in a public school in this 18
143	142		state. 19
144	143		(7) The optometrist serving on the State Board of Health shall also be 20
145	144		a member of the board and shall serve as a liaison to the Department of 21
146	145		Health. 22
147	146		(b)(1) The Governor shall designate one (1) of the optometrist 23
148	147		appointees to serve as chair of the commission. 24
149	148		(2) The members of the commission shall select from their 25
150	149		membership a vice chair, a secretary, and a treasurer. 26
151	150		(c) The first meeting shall be held w ithin thirty (30) days of the 27
152	151		appointment of the members by the Governor, and shall be called by the chair. 28
153	152		(d)(1) A majority of the membership of the commission shall constitute 29
154	153		a quorum. 30
155	154		(2) A majority vote of those members present shall be required 31
156	155		for any action of the commission. 32
157	156		(e) Vacancies shall be filled for the unexpired portion of the term in 33
158	157		the same manner as is provided in this section for initial appointments. 34
159	158		(f) To the extent that moneys are made available for that purpose, the 35
160	159		members of the commission may receive expense reimbursement in accordance 36 As Engrossed: S3/8/23 SB356
161	160
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163	162
164	163
165	164		with § 25-16-902. 1
166	165		2
167	166		SECTION 6. Arkansas Code § 6 -18-1803 is repealed. 3
168	167		6-18-1803. Duties. 4
169	168		(a) The Arkansas Commission on Eye and Vision Care of School -Age 5
170	169		Children shall: 6
171	170		(1) Study the eye and vision needs of the school -age children of 7
172	171		Arkansas; 8
173	172		(2) Study and evaluate vision screening programs in the schools, 9
174	173		and their effectiveness; 10
175	174		(3) Study and evaluate whether children are receiving adequate 11
176	175		eye and vision care, and corr ection of vision problems; 12
177	176		(4) Study the effects of inadequate vision on the performance of 13
178	177		children in the classroom; and 14
179	178		(5) Continue to develop a strategic statewide plan to ensure 15
180	179		adequate eye and vision care of school -age children. 16
181	180		(b) The commission and the Division of Elementary and Secondary 17
182	181		Education shall report their findings and updates to the Governor, the 18
183	182		Legislative Council, and the House Committee on Public Health, Welfare, and 19
184	183		Labor and the Senate Committee on Public Health, Welfare , and Labor annually. 20
185	184		(c)(1) The commission may accept any and all donations, grants of 21
186	185		money, gifts, appropriations, instruments, equipment, supplies, materials, 22
187	186		and services, conditional or otherwise, from private sources, from municipal 23
188	187		and county governments, from the state, and from the United States 24
189	188		Government. 25
190	189		(2) The commission may use any of its resources to further the 26
191	190		commission's purposes and functions. 27
192	191		(3) All moneys collected under this section shall be deposited 28
193	192		into a cash fund withi n the State Treasury to be maintained by the division. 29
194	193		(d) The commission shall develop criteria for the distribution of 30
195	194		commission resources to individuals and school districts in need of financial 31
196	195		or other assistance necessary to satisfy the requiremen ts of §§ 6-18-1501 — 32
197	196		6-18-1506. 33
198	197		(e)(1) In conjunction with the division, the commission shall develop 34
199	198		criteria for passage or failure of a vision screening and criteria for 35
200	199		referral for a comprehensive eye examination. 36 As Engrossed: S3/8/23 SB356
201	200
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204	203
205	204		(2) The division shall adopt the criteria as rules promulgated 1
206	205		under the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 2
207	206		(f) In conjunction with the division, the commission shall develop 3
208	207		standardized forms to be used with regard to conducting and reporting the 4
209	208		results of eye and vision screenings. 5
210	209		(g) The commission and the division shall evaluate and approve the 6
211	210		vision screening instruments, equipment, and other testing items that are 7
212	211		used to conduct the eye and vision screenings. 8
213	212		(h) The commission shall conduct a pilo t study to evaluate the pre - 9
214	213		and post-performance test scores of school children who have been screened 10
215	214		and referred for vision problems. The study shall encompass rural, urban, and 11
216	215		Empowerment-Zone school systems. 12
217	216		13
218	217		SECTION 7. Arkansas Code § 6 -21-112(f)(1), concerning the Division of 14
219	218		Public School Academic Facilities and Transportation, is repealed. 15
220	219		(1) Provide information or assistance to the Academic Facilities 16
221	220		Oversight Committee as requested; 17
222	221		18
223	222		SECTION 8. Arkansas Code § 6 -21-112(f)(2), concernin g the Division of 19
224	223		Public School Academic Facilities and Transportation, is amended to read as 20
225	224		follows: 21
226	225		(2) Use recommendations or assessments of the Academic 22
227	226		Facilities Oversight Committee or the General Assembly as a basis for 23
228	227		establishing the policies and procedures of the Division of Public School 24
229	228		Academic Facilities and Transportation; 25
230	229		26
231	230		SECTION 9. Arkansas Code § 6 -21-112(f)(15)(A), concerning the 27
232	231		Division of Public School Academic Facilities and Transportation, is amended 28
233	232		to read as follows: 29
234	233		(15)(A) Report by October 1 of each year to the Governor, the 30
235	234		House Committee on Education, and the Senate Committee on Education , and the 31
236	235		Academic Facilities Oversight Committee on the status of implementation of 32
237	236		the Arkansas Public School Academic Facilit ies Program Act, § 6 -21-801 et 33
238	237		seq. 34
239	238		35
240	239		SECTION 10. Arkansas Code § 6 -21-112(f)(16), concerning the Division 36 As Engrossed: S3/8/23 SB356
241	240
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243	242
244	243
245	244		of Public School Academic Facilities and Transportation, is amended to read 1
246	245		as follows: 2
247	246		(16) Report by October 1 of each even -numbered year to the 3
248	247		Governor, the House Committee on Education, and the Senate Committee on 4
249	248		Education, and the Academic Facilities Oversight Committee on the state 5
250	249		academic facilities master plan; 6
251	250		7
252	251		SECTION 11. Arkansas Code § 6 -21-114(1), concerning the creation of 8
253	252		the Commission for Arkansas Public School Academic Facilities and 9
254	253		Transportation, is amended to read as follows: 10
255	254		(f) The commission shall report annually on its activities to the 11
256	255		President Pro Tempore of the Senate, the Speaker of the House of 12
257	256		Representatives, the Governor, the House Committee on Education, the Senate 13
258	257		Committee on Education, and the State Board of Education , and the Academic 14
259	258		Facilities Oversight Committee . 15
260	259		16
261	260		SECTION 12. Arkansas Code § 6 -21-811(l), concerning the Academic 17
262	261		Facilities Distress Program, is amended to read as follows: 18
263	262		(l) The commission in conjunction with the Academic Facilities 19
264	263		Oversight Committee shall: 20
265	264		(1) Reexamine the role and function of the State Facility 21
266	265		Assessment of 2004; 22
267	266		(2) Assess the progress made by the sta te in the mandates of the 23
268	267		Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 24
269	268		91 S.W.3d 472 (2002); and 25
270	269		(3) Make needed changes in the implementation of the academic 26
271	270		facilities program by modifying the commission's rules. 27
272	271		28
273	272		SECTION 13. Arkansas Code § 6 -56-103 is repealed. 29
274	273		6-56-103. Board of advisors. 30
275	274		(a) The Foothills Technical Institute Board of Directors shall become 31
276	275		the Board of Advisors to Arkansas State University -Searcy, a technical campus 32
277	276		of Arkansas State University-Beebe. The directors on June 30, 2003, shall 33
278	277		continue their terms as members of the advisory board. 34
279	278		(b)(1) The Arkansas State University -Searcy local board of advisors 35
280	279		will be appointed or reappointed by the President of the Arkansas State 36 As Engrossed: S3/8/23 SB356
281	280
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283	282
284	283
285	284		University system upon recommendations presented by the Chancellor for 1
286	285		Arkansas State University -Beebe and the Vice Chancellor of Arkansas State 2
287	286		University-Searcy. 3
288	287		(2) Appointment shall be for a term of five (5) years and for no 4
289	288		more than two (2) consecuti ve terms. 5
290	289		6
291	290		SECTION 14. Arkansas Code Title 6, Chapter 61, Subchapter 15, is 7
292	291		repealed. 8
293	292		6-61-1501. Arkansas Statewide Energy Consortium. 9
294	293		(a) There is created the Arkansas Statewide Energy Consortium 10
295	294		consisting of the: 11
296	295		(1) University of Arkansas, Faye tteville; 12
297	296		(2) University of Arkansas, Little Rock; and 13
298	297		(3) Arkansas State University, Jonesboro. 14
299	298		(b)(1) The consortium shall be headquartered at the University of 15
300	299		Arkansas, Fayetteville, National Center for Reliable Electric Power 16
301	300		Transmission. 17
302	301		(2) The University of Arkansas, Fayetteville, shall administer 18
303	302		the Electrical Energy Advancement Program Fund. 19
304	303		20
305	304		6-61-1502. Electrical Energy Advancement Program Fund Board. 21
306	305		(a) The Electrical Energy Advancement Program Fund Board is created to 22
307	306		make recommendations to the Arkansas Statewide Energy Consortium regarding 23
308	307		the allocation of funds for the programs approved under this subchapter. 24
309	308		(b) The board is composed of fifteen (15) members as follows: 25
310	309		(1)(A) The Executive Director of the National Cen ter for 26
311	310		Reliable Electric Power Transmission or the executive director's designee, 27
312	311		who shall serve as chair of the board and represent the University of 28
313	312		Arkansas at Fayetteville. 29
314	313		(B) The chair shall be a regular voting member with one 30
315	314		(1) vote; 31
316	315		(2) Seven (7) of the members from the private electrical energy 32
317	316		sector; 33
318	317		(3) Three (3) of the members from the United States Department 34
319	318		of Energy national laboratories; 35
320	319		(4) One (1) member who is designated by Arkansas State 36 As Engrossed: S3/8/23 SB356
321	320
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324	323
325	324		University; 1
326	325		(5) One (1) member who is designated by the University of 2
327	326		Arkansas at Little Rock; 3
328	327		(6) The Director of the Arkansas Economic Development Commission 4
329	328		or his or her designee; and 5
330	329		(7) One (1) member who is designated by the Arkansas Public 6
331	330		Service Commission. 7
332	331		(c)(1) Each private electrical energy sector member of the board 8
333	332		shall: 9
334	333		(A)(i) Be from an organization that is: 10
335	334		(a) Involved in the generation, transmission, 11
336	335		or distribution of electricity; or 12
337	336		(b) Engaged in the design or manufacturing of 13
338	337		electrical equipment for the generation, transmission, distribution, or power 14
339	338		conversion of electricity including electrified transportation. 15
340	339		(ii) An individual under this subdivision (c)(1)(A) 16
341	340		shall have experience managing an organization that meets the description of 17
342	341		this subdivision (c)(1)(A); and 18
343	342		(B) Have obtained at least an undergraduate degree from a 19
344	343		four-year institution of higher education in science or engineering. 20
345	344		(2) Each national laboratory member of the board shall: 21
346	345		(A) Be from a national laboratory group directly involved 22
347	346		in the research and development of advanced technologies for the electric 23
348	347		power grid; and 24
349	348		(B) Have obtained at least an undergraduate degree from a 25
350	349		four-year institution of higher education in science or engineering. 26
351	350		(d)(1) The chair shall seek nominations for the initial list of 27
352	351		private electrical energy sector and national laboratory board members from: 28
353	352		(A) Each member of the board who is not from the private 29
354	353		electrical energy sector or a national laboratory; and 30
355	354		(B) The Governor. 31
356	355		(2) From the recommendations, the chair will nominate the 32
357	356		initial private electrical energy sector and national laboratory board 33
358	357		members to the balance of the board for consideration and appointment to the 34
359	358		board. 35
360	359		(e)(1) Except for the initial terms identified under this subsection, 36 As Engrossed: S3/8/23 SB356
361	360
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363	362
364	363
365	364		each private electrical energy sector and national laboratory board member 1
366	365		shall serve a four-year term, with a maximum of two (2) consecutive four -year 2
367	366		terms. 3
368	367		(2) The initial terms of the private electrical energy sector 4
369	368		board members shall be as follows: 5
370	369		(A) One (1) member shall serve a one -year term; 6
371	370		(B) Two (2) members shall serve a two -year term; 7
372	371		(C) Two (2) members shall serve a three -year term; and 8
373	372		(D) Two (2) members shall serve a four -year term. 9
374	373		(3) The initial terms of the national laboratory board members 10
375	374		shall be as follows: 11
376	375		(A) One (1) member shall serve a two -year term; 12
377	376		(B) One (1) member shall serve a three -year term; and 13
378	377		(C) One (1) member shall serve a four-year term. 14
379	378		(4) The chair shall determine the terms of the initial private 15
380	379		and national laboratory members of the board. 16
381	380		(5) Each member may be reappointed from time to time thereafter 17
382	381		to serve no more than a maximum of eight (8) c onsecutive years including his 18
383	382		or her initial term. 19
384	383		(f) Successors to the initial private electrical energy sector and 20
385	384		national laboratory board members shall be nominated by the chair upon 21
386	385		recommendation by the board. 22
387	386		(g) Members of the board who are not private electrical energy sector 23
388	387		or national laboratory board members shall serve at the pleasure of the 24
389	388		entities where they are employed. 25
390	389		(h)(1) The chair shall call the first meeting of the board not less 26
391	390		than three (3) months after funding is rece ived in the Electrical Energy 27
392	391		Advancement Program Fund. 28
393	392		(2) Subsequent meetings shall be held on the call of the chair 29
394	393		and shall convene at the National Center for Reliable Electric Power 30
395	394		Transmission. 31
396	395		(i) A quorum shall consist of not less than a maj ority of the voting 32
397	396		membership of the board, and the affirmative vote of that number is necessary 33
398	397		for the disposition of the board's business. 34
399	398		(j)(1) Members of the board shall receive no pay for services with 35
400	399		respect to attendance at each regular or spe cial meeting of the board. 36 As Engrossed: S3/8/23 SB356
401	400
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403	402
404	403
405	404		(2)(A) However, if funds are appropriated for the purpose and 1
406	405		subject to board approval, members are entitled to reimbursement under § 25 -2
407	406		16-902 for each day the board is in session. 3
408	407		(B) Reimbursement is in an amount equal to the maximum 4
409	408		daily allowance for meals and lodging paid as provided by law to a state 5
410	409		employee for in-state travel plus mileage at the rate per mile provided by 6
411	410		law for the reimbursement of mileage expense for state employees for travel 7
412	411		from their homes to the place of the meeting and their return. 8
413	412		(k) The National Center for Reliable Electric Power Transmission shall 9
414	413		provide staff for the board. 10
415	414		11
416	415		6-61-1503. Duties. 12
417	416		(a)(1) The Electrical Energy Advancement Program Fund Board shall make 13
418	417		recommendations to the Arkansas Statewide Energy Consortium concerning the 14
419	418		funding, funding ratios, and maximum amounts to be made available among the 15
420	419		proposals and programs for: 16
421	420		(A) Competitive undergraduate scholarships for Arkansas 17
422	421		residents in the field of electrical and electronic engineering at the member 18
423	422		universities of the consortium, to be given in accordance with institutional 19
424	423		guidelines; and 20
425	424		(B) Competitive graduate fellowships for master's and 21
426	425		doctoral students in electrical and electronic engine ering at member 22
427	426		universities of the consortium, to be given in accordance with institutional 23
428	427		guidelines with preference given to Arkansas residents. 24
429	428		(2) One-time project costs may include without limitation the 25
430	429		cost of: 26
431	430		(A) Facilitating the hiring o f new tenure-track faculty at 27
432	431		each of the consortium member institutions to increase the capacity and 28
433	432		expertise of each university to: 29
434	433		(i) Perform research; and 30
435	434		(ii) Successfully return that research to the 31
436	435		classroom for the benefit of the entire consortium; 32
437	436		(B) Expediting economic development through research by 33
438	437		providing startup funds for successful applicants; 34
439	438		(C) Continuing education programs to serve practicing 35
440	439		engineers in the energy sector whose professional licensure or registratio n 36 As Engrossed: S3/8/23 SB356
441	440
442	441		12 03-08-2023 13:59:46 MLD125
443	442
444	443
445	444		requires at least fifteen (15) hours of continuing education annually; and 1
446	445		(D) Collaborative research projects between and among the 2
447	446		consortium member institutions. 3
448	447		(b) The board may base its recommendations for use of the funds on a 4
449	448		proposal's: 5
450	449		(1) Technical merit; 6
451	450		(2) Potential impact on the state's economic growth; and 7
452	451		(3) Potential for strengthening the state's electrical energy 8
453	452		education programs. 9
454	453		(c)(1) Annually by June 30, the board shall: 10
455	454		(A) Report its actions to the Governor ; and 11
456	455		(B) Provide a copy of the report to the agencies included 12
457	456		in the report's recommendations. 13
458	457		(2) The board may provide the report required under this 14
459	458		subsection by electronic means or by a printed copy. 15
460	459		(d) The board shall promulgate rules to implement this section. 16
461	460		17
462	461		SECTION 15. Arkansas Code § 9 -28-203(b)(4)(D), concerning the powers 18
463	462		and duties of the Division of Youth Services, is repealed. 19
464	463		(D) The Division of Youth Services shall collect data 20
465	464		regarding the effectiveness of these servic es and report semiannually to the 21
466	465		Youth Justice Reform Board; 22
467	466		23
468	467		SECTION 16. Arkansas Code § 9 -28-1201 is repealed. 24
469	468		9-28-1201. Youth Justice Reform Board — Creation — Membership. 25
470	469		(a) To ensure statewide accountability for the delivery of youth 26
471	470		services consistent with this subchapter, the Division of Youth Services 27
472	471		shall create the Youth Justice Reform Board no later than sixty (60) days 28
473	472		following July 22, 2015. 29
474	473		(b)(1) Except for a member who is appointed from the General Assembly, 30
475	474		the members of the Y outh Justice Reform Board shall be selected by the 31
476	475		Director of the Division of Youth Services for a single four -year term, with 32
477	476		appointments being approved by the Governor. 33
478	477		(2)(A) Each member of the Youth Justice Reform Board who is a 34
479	478		member of the Senate shall be appointed by and shall serve at the pleasure of 35
480	479		the President Pro Tempore of the Senate. 36 As Engrossed: S3/8/23 SB356
481	480
482	481		13 03-08-2023 13:59:46 MLD125
483	482
484	483
485	484		(B) Each member of the Youth Justice Reform Board who is a 1
486	485		member of the House of Representatives shall be appointed by and shall serve 2
487	486		at the pleasure of the Speaker of the House of Representatives. 3
488	487		(3) The Youth Justice Reform Board shall be composed of the 4
489	488		following members who have demonstrated a commitment to improving youth 5
490	489		services, with individuals selected from key stakeholder groups, includi ng 6
491	490		without limitation: 7
492	491		(A) Juvenile justice system -involved families; 8
493	492		(B) Youths who have received or are receiving services 9
494	493		delivered by the Division of Youth Services; 10
495	494		(C) Representatives from the Division of Elementary and 11
496	495		Secondary Education, the Division of Workforce Services, the Division of 12
497	496		Children and Family Services, and the Division of Aging, Adult, and 13
498	497		Behavioral Health Services; 14
499	498		(D) Youth services providers; 15
500	499		(E) Circuit court judges who routinely preside over 16
501	500		juvenile cases; 17
502	501		(F) The Administrative Office of the Courts; 18
503	502		(G) Prosecuting attorneys or deputy prosecuting attorneys 19
504	503		who are routinely involved in juvenile delinquency cases; 20
505	504		(H) Public defenders or deputy public defenders who are 21
506	505		routinely involved in juve nile delinquency cases; 22
507	506		(I) Advocacy groups, including the designated state 23
508	507		protection and advocacy group for individuals with disabilities, and other 24
509	508		research and advocacy groups with established leadership for children and 25
510	509		families in Arkansas; 26
511	510		(J) The juvenile ombudsman of the Juvenile Ombudsman 27
512	511		Division of the Arkansas Public Defender Commission; 28
513	512		(K) Members of the Arkansas Coalition for Juvenile Justice 29
514	513		Board [abolished]; 30
515	514		(L) Members of the Juvenile Justice Reform Subcommittee of 31
516	515		the Arkansas Supreme Court Commission on Children, Youth and Families; 32
517	516		(M) Experts in adolescent development; 33
518	517		(N) Two (2) members of the Senate; 34
519	518		(O) Two (2) members of the House of Representatives; and 35
520	519		(P) Juvenile court staff or program represen tatives. 36 As Engrossed: S3/8/23 SB356
521	520
522	521		14 03-08-2023 13:59:46 MLD125
523	522
524	523
525	524		(c) The Governor shall appoint the Chair of the Youth Justice Reform 1
526	525		Board. 2
527	526		(d) The Youth Justice Reform Board shall meet at least quarterly. 3
528	527		(e) The Division of Youth Services shall provide administrative 4
529	528		support necessary for the Youth Jus tice Reform Board to perform its duties. 5
530	529		(f) The Youth Justice Reform Board shall cease operation by June 30, 6
531	530		2021. 7
532	531		8
533	532		SECTION 17. Arkansas Code § 9 -28-1202 is repealed. 9
534	533		9-28-1202. Powers and duties — Definitions. 10
535	534		(a) As used in this section and § 9-28-1203: 11
536	535		(1) “Proven effective community -based alternatives” means 12
537	536		interventions, supports, programs, and practices that are recognized as best 13
538	537		practices based on rigorous evaluation and research, or are based on a clear 14
539	538		and well-articulated theory or conceptual framework for delinquency 15
540	539		prevention. These include, without limitation, community -based services that 16
541	540		are currently provided or have been provided and have been demonstrated to be 17
542	541		effective in reducing the number of secure out -of-home placements and 18
543	542		institutional placement of youthful offenders; and 19
544	543		(2) “Secure out-of-home placement” means placement in a public 20
545	544		or private residential facility that includes construction fixtures designed 21
546	545		to physically restrict the movements and activities of individuals held in 22
547	546		lawful custody and used for the placement and disposition of a juvenile 23
548	547		adjudicated to be delinquent. 24
549	548		(b) The Youth Justice Reform Board shall: 25
550	549		(1) Assist the Division of Youth Services in determining the 26
551	550		method for calculating sav ings realized from reduced state commitments and in 27
552	551		educating the public about the plan developed to reduce reliance on secure 28
553	552		out-of-home placements; and 29
554	553		(2) Make annual reports to the division, the Governor, and the 30
555	554		General Assembly regarding system r eform and improvements needed to implement 31
556	555		the goals and purposes of this subchapter. 32
557	556		(c) To provide needed expertise, the board may seek outside technical 33
558	557		assistance to aid its work. 34
559	558		35
560	559		SECTION 18. Arkansas Code § 10 -3-902(2), concerning the duties of t he 36 As Engrossed: S3/8/23 SB356
561	560
562	561		15 03-08-2023 13:59:46 MLD125
563	562
564	563
565	564		Joint Performance Review Committee, is amended to read as follows: 1
566	565		(2) Conduct investigations into such specific problem areas of 2
567	566		the administration of state government as may be brought to the attention of 3
568	567		or as determined by the Joint Performance R eview Committee or the cochairs of 4
569	568		the Joint Performance Review Committee ; 5
570	569		6
571	570		SECTION 19. Arkansas Code § 10 -3-902, concerning the duties of the 7
572	571		Joint Performance Review Committee, is amended to add an additional 8
573	572		subdivision to read as follows: 9
574	573		(8) Evaluate the purpose, need, and effectiveness of a state 10
575	574		board or commission as defined in and under the process established under § 11
576	575		25-1-106. 12
577	576		13
578	577		SECTION 20. Arkansas Code § 25 -1-106(a), concerning the evaluation of 14
579	578		necessity of various commissions and boa rds, is amended to read as follows: 15
580	579		(a) For purposes of this section ,: 16
581	580		(1) “constitutional Constitutional board or commission” means 17
582	581		the Arkansas State Game and Fish Commission, the State Highway Commission, 18
583	582		and all boards or commissions charged with the management or control of all 19
584	583		charitable, penal or correctional institutions, or institutions of higher 20
585	584		learning under Arkansas Constitution, Amendment 33 ; and 21
586	585		(2) “State board or commission” means every state board, 22
587	586		commission, committee, council, t ask force, and similar entity created by the 23
588	587		General Assembly except: 24
589	588		(A) A constitutional board or commission; and 25
590	589		(B) An entity of the General Assembly . 26
591	590		27
592	591		SECTION 21. Arkansas Code Title 10, Chapter 3, Subchapter 22, is 28
593	592		repealed. 29
594	593		10-3-2201. Academic Facilities Oversight Committee. 30
595	594		(a) There is created a legislative committee to be known as the 31
596	595		Academic Facilities Oversight Committee. 32
597	596		(b) The Academic Facilities Oversight Committee shall consist of 33
598	597		fifteen (15) members as follows: 34
599	598		(1)(A) Seven (7) members of the Senate as follows: 35
600	599		(i) One (1) member who is the Chair of the Senate 36 As Engrossed: S3/8/23 SB356
601	600
602	601		16 03-08-2023 13:59:46 MLD125
603	602
604	603
605	604		Committee on Education or his or her designee; 1
606	605		(ii) Two (2) members of the Senate Committee on 2
607	606		Education appointed by the Chair of the Senate Committee on Education; and 3
608	607		(iii) Four (4) members of the Senate appointed by 4
609	608		the President Pro Tempore of the Senate. 5
610	609		(B) In the event that the Chair of the Senate Committee on 6
611	610		Education and the President Pro Tempore of the Senate are the same person, 7
612	611		the Vice Chair of the Senate Committee on Education shall make the 8
613	612		appointments under subdivision (b)(1)(A)(ii) of this section; 9
614	613		(2)(A) Seven (7) members of the House of Representatives as 10
615	614		follows: 11
616	615		(i) One (1) member who is the Chair of the House 12
617	616		Committee on Education or his or her designee; 13
618	617		(ii) Two (2) members of the House Committee on 14
619	618		Education to be appointed by the Chair of the House Committee on Education; 15
620	619		and 16
621	620		(iii) Four (4) members of the House to be appointed 17
622	621		by the Speaker of the Hou se of Representatives. 18
623	622		(B) In the event that the Chair of the House Committee on 19
624	623		Education and the Speaker of the House of Representatives are the same 20
625	624		person, the Vice Chair of the House Committee on Education shall make the 21
626	625		appointments under subdivi sion (b)(2)(A)(ii) of this section; and 22
627	626		(3) The Director of the Division of Public School Academic 23
628	627		Facilities and Transportation who shall serve as a nonvoting ex officio 24
629	628		member. 25
630	629		(c) The Chair of the Senate Committee on Education or the chair's 26
631	630		designee and the Chair of the House Committee on Education or the chair's 27
632	631		designee shall serve as cochairs of the committee. 28
633	632		(d) If a vacancy occurs in an appointed position for any reason, the 29
634	633		vacancy shall be filled in the same manner as the original appoint ment. 30
635	634		(e)(1) The Academic Facilities Oversight Committee shall meet upon the 31
636	635		call of either or both of the cochairs of the Academic Facilities Oversight 32
637	636		Committee. 33
638	637		(2) Eight (8) members of the Academic Facilities Oversight 34
639	638		Committee shall constitute a quorum for the purpose of transacting business. 35
640	639		(3) A quorum is required for any action of the Academic 36 As Engrossed: S3/8/23 SB356
641	640
642	641		17 03-08-2023 13:59:46 MLD125
643	642
644	643
645	644		Facilities Oversight Committee. 1
646	645		2
647	646		10-3-2202. Powers and duties. 3
648	647		(a) The Academic Facilities Oversight Committee shall: 4
649	648		(1) Oversee development and implementation of state statutory 5
650	649		requirements with regard to providing constitutionally appropriate public 6
651	650		school academic facilities and related equipment for all public schools in 7
652	651		the State of Arkansas as necessary to provide an equal opportunity fo r an 8
653	652		adequate education for all public school students in Arkansas; 9
654	653		(2) [Repealed.] 10
655	654		(3) Review and recommend policies and criteria for the repair, 11
656	655		maintenance, renovation, remodeling, replacement, and construction of public 12
657	656		school academic facilities ; 13
658	657		(4) Oversee local and state expenditures related to providing 14
659	658		constitutionally appropriate public school academic facilities and related 15
660	659		equipment; 16
661	660		(5) Review the effectiveness of methods used to fund the cost of 17
662	661		constitutionally appropriate public school academic facilities and equipment; 18
663	662		(6) Review the ongoing assessment, evaluation, and inspection of 19
664	663		public school academic facilities to provide that constitutionally 20
665	664		appropriate public school academic facilities are, and will continue to be, 21
666	665		provided for public school students in Arkansas; and 22
667	666		(7) Use the opinions of the Supreme Court in the matter of Lake 23
668	667		View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002) 24
669	668		and other legal precedent relevant to public school academic facilities. 25
670	669		(b)(1)(A) The Academic Facilities Oversight Committee shall report its 26
671	670		findings and recommendations to the President Pro Tempore of the Senate, the 27
672	671		Speaker of the House of Representatives, the Governor, the House Committee on 28
673	672		Education, and the Senate Committee on Education no later than October 1 29
674	673		before each regular session of the General Assembly. 30
675	674		(B) Upon motion of the Academic Facilities Oversight 31
676	675		Committee and approval by a quorum of the committee, the October 1 report 32
677	676		deadline may be extended for a period to be determined by the Academic 33
678	677		Facilities Oversight Committee. 34
679	678		(2) The report shall include for each recommendation, proposed 35
680	679		implementation schedules with timelines, specific steps, agencies and persons 36 As Engrossed: S3/8/23 SB356
681	680
682	681		18 03-08-2023 13:59:46 MLD125
683	682
684	683
685	684		responsible, and resources needed. 1
686	685		(3) When feasible, the Academic Facilities Oversight Committee 2
687	686		shall propose plans, measures, and initiatives as recommendations for 3
688	687		legislation or rules. 4
689	688		5
690	689		10-3-2203. Committee assistance. 6
691	690		(a) The Division of Elementary and Secondar y Education, the Division 7
692	691		of Career and Technical Education, the Division of Higher Education, the 8
693	692		Division of Public School Academic Facilities and Transportation, and the 9
694	693		Division of Public School Accountability shall provide the Academic 10
695	694		Facilities Oversight Committee with assistance as requested by the Academic 11
696	695		Facilities Oversight Committee. 12
697	696		(b) The Academic Facilities Oversight Committee may hire or contract 13
698	697		with individuals or entities, both within the state and from out of state, 14
699	698		for the purpose of obtaining staff or otherwise performing the duties of the 15
700	699		Academic Facilities Oversight Committee to the extent funding is appropriated 16
701	700		and available for that purpose. 17
702	701		(c) The Bureau of Legislative Research shall furnish reasonable staff 18
703	702		assistance to the Academic Facilities Oversight Committee as may be requested 19
704	703		by the Academic Facilities Oversight Committee. 20
705	704		21
706	705		10-3-2204. Meetings — Reimbursement of expenses. 22
707	706		(a) The Academic Facilities Oversight Committee shall function during 23
708	707		the interim between r egular session, fiscal sessions, or special sessions of 24
709	708		the General Assembly, while the General Assembly is in session, and while the 25
710	709		General Assembly is in recess. 26
711	710		(b) If the Academic Facilities Oversight Committee meets at a time 27
712	711		when the General Assem bly is not in session, the legislative members of the 28
713	712		Academic Facilities Oversight Committee are entitled to per diem and mileage 29
714	713		reimbursement at the rate for attending meetings of the Legislative Council. 30
715	714		The per diem or mileage reimbursement shall be p aid from funds appropriated 31
716	715		for the payment of per diem and mileage for attendance at meetings of interim 32
717	716		committees of the General Assembly. 33
718	717		34
719	718		SECTION 22. Arkansas Code § 13 -4-203 is repealed. 35
720	719		13-4-203. Records Retention Committee. 36 As Engrossed: S3/8/23 SB356
721	720
722	721		19 03-08-2023 13:59:46 MLD125
723	722
724	723
725	724		(a) A Records Reten tion Committee shall be created, whose 1
726	725		responsibility shall be to study, develop, and issue standards consistent 2
727	726		with the guidelines enumerated in § 13 -4-202 which pertain to existing and 3
728	727		future recording systems. 4
729	728		(b) The committee shall include one (1) representative from each of 5
730	729		the following: 6
731	730		(1) The Arkansas Association of County Clerks; 7
732	731		(2) The Arkansas Circuit Clerks Association; 8
733	732		(3) The Association of Arkansas Counties; 9
734	733		(4) The Arkansas State Archives; 10
735	734		(5) The Division of Information Systems; 11
736	735		(6) ARMA International; and 12
737	736		(7) The Arkansas City Clerks, Recorders, and Treasurers 13
738	737		Association. 14
739	738		(c) The committee shall be chaired by a representative from the 15
740	739		Administrative Office of the Courts. 16
741	740		17
742	741		SECTION 23. Arkansas Code § 13 -15-101 is repealed. 18
743	742		13-15-101. Title. 19
744	743		This chapter shall be known and may be cited as the “Arkansas Delta 20
745	744		Music Trail Act”. 21
746	745		22
747	746		SECTION 24. Arkansas Code Title 13, Chapter 15, Subchapter 2, is 23
748	747		repealed. 24
749	748		13-15-201. Creation — Membership. 25
750	749		(a) There is created the Arkansas Delta Music Commission within the 26
751	750		Division of Arkansas Heritage. 27
752	751		(b) The commission shall be composed of nine (9) members: 28
753	752		(1) The Director of the Division of Arkansas Heritage or his or 29
754	753		her designee; 30
755	754		(2) The Secretary of the Departmen t of Parks, Heritage, and 31
756	755		Tourism or his or her designee; and 32
757	756		(3)(A)(i) One (1) individual who shall be appointed from each 33
758	757		region containing a designated music highway. 34
759	758		(ii) The region for each designated music highway 35
760	759		shall be composed of the cou nties through which the designated music highway 36 As Engrossed: S3/8/23 SB356
761	760
762	761		20 03-08-2023 13:59:46 MLD125
763	762
764	763
765	764		runs. 1
766	765		(B) The Governor shall appoint the members of the 2
767	766		commission under this subdivision (b)(3). 3
768	767		(C)(i) Four (4) of the members appointed under this 4
769	768		subdivision (b)(3) shall have a background in the arts. 5
770	769		(ii) The remaining three (3) members shall have a 6
771	770		background in the arts, history, or tourism. 7
772	771		(c)(1) The term of office of the initial members of the commission 8
773	772		appointed under subdivision (b)(3) of this section shall be determined by lot 9
774	773		as follows: 10
775	774		(A) The initial term of office of three (3) of the members 11
776	775		shall be two (2) years; and 12
777	776		(B) The initial term of office of four (4) of the members 13
778	777		shall be three (3) years. 14
779	778		(2) All successor members, other than those appointed to fill 15
780	779		unexpired terms, shall serve two -year terms. 16
781	780		(d) All vacancies in positions filled by members appointed under 17
782	781		subdivision (b)(3) of this section shall be filled by appointment by the 18
783	782		Governor and shall be for the remainder of the term. 19
784	783		(e) Members of the commission shall serve without compensation for 20
785	784		their service but may receive expense reimbursement in accordance with § 25 -21
786	785		16-901 et seq. 22
787	786		(f) The Division of Arkansas Heritage shall provide meeting space and 23
788	787		staffing for the commission. 24
789	788		25
790	789		13-15-202. Meetings. 26
791	790		(a)(1) The Arkansas Delta Music Commission shall meet as often as 27
792	791		necessary to perform its duties under this chapter. 28
793	792		(2) The commission shall meet at least quarterly. 29
794	793		(b) The Director of the Division of Arkansas Heritage shall call the 30
795	794		first meeting of the commission. 31
796	795		(c)(1) At the first meeting of the commission, the commission shall 32
797	796		select a Chair of the Arkansas Delta Music Commission. 33
798	797		(2) The chair shall serve as chair for the period of time 34
799	798		determined by the commission. 35
800	799		(d) A quorum for each meeting of the commission shall be five (5) 36 As Engrossed: S3/8/23 SB356
801	800
802	801		21 03-08-2023 13:59:46 MLD125
803	802
804	803
805	804		members. 1
806	805		(e) A majority vote of the members present is required for the 2
807	806		commission to take action. 3
808	807		4
809	808		13-15-203. Powers and duties. 5
810	809		(a) The Arkansas Delta Music Commission shall: 6
811	810		(1) Develop, implement, and administer a tourism program based 7
812	811		on art projects that focus on highlighting music stories and related dynamics 8
813	812		on the designated music highways; 9
814	813		(2) Develop guidelines for the types of art projects that will 10
815	814		be eligible for the tax incentives provided in this chapter and the process 11
816	815		for applying for approval of qualified expenses for art projects under this 12
817	816		chapter; 13
818	817		(3) Create a signage program that captures the stories, 14
819	818		biographies, and points of interest in blues, rock and roll, jazz, 15
820	819		rockabilly, soul, hip hop, opera, country, and gospel music throughout the 16
821	820		Arkansas Delta; 17
822	821		(4) Maintain information about federal and state grant 18
823	822		opportunities to encourage cities and towns to develop exhibits related to 19
824	823		the musical heritage of the city or town; and 20
825	824		(5) Adopt rules necessary to implement the Arkansas Delta Music 21
826	825		Trail Program created under this chapter, including without limitation rules 22
827	826		stating: 23
828	827		(A) The procedure to apply for approval of qualified 24
829	828		expenses; and 25
830	829		(B) The criteria to be used by the commission when 26
831	830		determining whether to approve qualified expenses and issue a certificate of 27
832	831		completion for an art project. 28
833	832		(b) The commission may accept, receive, and use grants, moneys, 29
834	833		equipment, material, services, an d real and personal property donated, 30
835	834		bequeathed, or devised for any purpose relating to the activities of the 31
836	835		commission and not expressly designated for any other agency. 32
837	836		33
838	837		13-15-204. Biennial report. 34
839	838		(a) The Arkansas Delta Music Commission shall submi t a report by 35
840	839		December 31 of each even -numbered year to the: 36 As Engrossed: S3/8/23 SB356
841	840
842	841		22 03-08-2023 13:59:46 MLD125
843	842
844	843
845	844		(1) Governor; 1
846	845		(2) Chair of the Senate Committee on Revenue and Taxation; 2
847	846		(3) Chair of the House Committee on Revenue and Taxation; 3
848	847		(4) Chair of the Senate Committee on Agriculture, Fo restry, and 4
849	848		Economic Development; and 5
850	849		(5) Chair of the House Committee on Agriculture, Forestry, and 6
851	850		Economic Development. 7
852	851		(b) The report required under subsection (a) of this section shall 8
853	852		include: 9
854	853		(1) The commission's goals for increasing the number of art 10
855	854		projects and signage over the next biennium; 11
856	855		(2) The economic development opportunities the commission will 12
857	856		focus on over the next biennium; 13
858	857		(3) The qualified expenses approved under this chapter during 14
859	858		the biennium for which the report is being made, including without 15
860	859		limitation: 16
861	860		(A) The name of the person who applied for approval of 17
862	861		qualified expenses for an art project; 18
863	862		(B) A description of the art project for which the 19
864	863		qualified expenses were approved; and 20
865	864		(C) The location of the art project for which the 21
866	865		qualified expenses were approved; and 22
867	866		(4) The benefits realized in terms of economic development as a 23
868	867		result of the commission's actions and the tax incentives provided under this 24
869	868		chapter. 25
870	869		26
871	870		SECTION 25. Arkansas Code § 13-15-301 is amended to read as follows: 27
872	871		13-15-301. Creation. 28
873	872		(a) The Arkansas Delta Music Commission Division of Arkansas Heritage 29
874	873		and the Department of Parks, Heritage, and Tourism shall establish and 30
875	874		administer the Arkansas Delta Music Trail Progra m to: 31
876	875		(1) Create a tourism program based on art projects that focus on 32
877	876		highlighting music stories and related dynamics on the designated music 33
878	877		highways; 34
879	878		(2) Provide tax incentives to eligible persons for the creation 35
880	879		and installation of an art projec t under this chapter; and 36 As Engrossed: S3/8/23 SB356
881	880
882	881		23 03-08-2023 13:59:46 MLD125
883	882
884	883
885	884		(3) Create a signage program that captures the stories, 1
886	885		biographies, and points of interest in blues, rock and roll, jazz, 2
887	886		rockabilly, soul, hip hop, opera, country, and gospel music throughout the 3
888	887		Delta region of Arkansas. 4
889	888		(b) The Division of Arkansas Heritage and the Department of Parks, 5
890	889		Heritage, and Tourism shall provide assistance to the commission in 6
891	890		establishing and administering the program. 7
892	891		8
893	892		SECTION 26. Arkansas Code § 13 -15-302 is repealed. 9
894	893		13-15-302. Income tax credit for approved art project. 10
895	894		(a) There is allowed an income tax credit against the income tax 11
896	895		imposed by the Income Tax Act of 1929, § 26 -51-101 et seq., in an amount 12
897	896		equal to the lesser of one hundred percent (100%) of the total qualified 13
898	897		expenses stated in a certificate of completion issued by the Arkansas Delta 14
899	898		Music Commission under § 13 -15-303 or twenty-five thousand dollars ($25,000). 15
900	899		(b) The amount of the income tax credit under this section that may be 16
901	900		claimed by the taxpayer in a tax year shall not exceed the amount of income 17
902	901		tax due by the taxpayer. 18
903	902		(c) Any unused income tax credit under this section may be carried 19
904	903		forward for five (5) consecutive tax years following the tax year in which 20
905	904		the income tax credit was earned. 21
906	905		22
907	906		SECTION 27. Arkansas Code § 13-15-303 is repealed. 23
908	907		13-15-303. Application for approval of qualified expenses — Certificate 24
909	908		of completion. 25
910	909		(a) A person may apply to the Arkansas Delta Music Commission for 26
911	910		approval of qualified expenses for the purpose of claiming th e income tax 27
912	911		credit allowed under § 13 -15-302. 28
913	912		(b) An application for approval of qualified expenses shall: 29
914	913		(1) Be for an art project that will: 30
915	914		(A) Stimulate regional tourism; 31
916	915		(B) Enhance local community development efforts; 32
917	916		(C) Create opportunities for Arkansas artists to showcase 33
918	917		their work; 34
919	918		(D) Enhance the community where the art project will be 35
920	919		located; and 36 As Engrossed: S3/8/23 SB356
921	920
922	921		24 03-08-2023 13:59:46 MLD125
923	922
924	923
925	924		(E) Promote awareness and encourage the enjoyment of the 1
926	925		stories, biographies, and points of interest in blues, rock and r oll, 2
927	926		country, and gospel music throughout the Arkansas Delta; 3
928	927		(2) Be in the form prescribed by the commission; and 4
929	928		(3) Indicate the amount of qualified expenses the applicant 5
930	929		expects to incur. 6
931	930		(c)(1) The commission shall not approve qualified expen ses exceeding 7
932	931		two hundred fifty thousand dollars ($250,000) in any one (1) calendar year. 8
933	932		(2)(A) The total amount of qualified expenses that may be 9
934	933		approved under this subsection shall be divided among the designated music 10
935	934		highways in proportion to each designated music highway's length as compared 11
936	935		to the total length of all of the designated music highways. 12
937	936		(B) If the commission does not approve qualified expenses 13
938	937		under this section that are equal to the amount of funds allocated to a 14
939	938		designated music highway under subdivision (c)(2)(A) of this section, the 15
940	939		commission may reallocate the funds to another designated music highway to 16
941	940		fund one (1) or more additional art projects. 17
942	941		(3)(A) The approval of qualified expenses under this section is 18
943	942		contingent on the appropriation and availability of funding for the Arkansas 19
944	943		Delta Music Trail Program. 20
945	944		(B) The commission shall not solicit or accept 21
946	945		applications for the program if funds for the program are not available. 22
947	946		(d) At least one-third (⅓) of art projects for which qualified 23
948	947		expenses are approved under this section shall be visible from a designated 24
949	948		music highway. 25
950	949		(e)(1) Upon completion of an art project, the owner shall submit 26
951	950		documentation required by the commission to verify that the comple ted art 27
952	951		project complies with the requirements of this chapter. 28
953	952		(2) If the commission determines that an art project is complete 29
954	953		and complies with the requirements of this chapter, the commission shall 30
955	954		issue a certification of completion specifying the total amount of qualified 31
956	955		expenses and the income tax credit allowed under this subchapter. 32
957	956		33
958	957		SECTION 28. Arkansas Code § 15 -5-1703(1), concerning the definition of 34
959	958		"Advisory committee" under the Arkansas Housing Trust Fund Act of 2009, is 35
960	959		repealed. 36 As Engrossed: S3/8/23 SB356
961	960
962	961		25 03-08-2023 13:59:46 MLD125
963	962
964	963
965	964		(1) “Advisory committee” means the Housing Trust Fund Advisory 1
966	965		Committee created in § 15 -5-1706; 2
967	966		3
968	967		SECTION 29. Arkansas Code § 15 -5-1705(c), concerning administration of 4
969	968		Arkansas Housing Trust Fund sources and deposits, is amended to read as 5
970	969		follows: 6
971	970		(c) The authority shall seek the input of the Arkansas Housing Trust 7
972	971		Fund Advisory Committee created by § 15 -5-1706, but the Board of Directors of 8
973	972		the Arkansas Development Finance Authority shall have the final decision -9
974	973		making authority on all matters relating to the fund and the programs 10
975	974		administered under this subchapter. 11
976	975		12
977	976		SECTION 30. Arkansas Code § 15 -5-1706 is repealed. 13
978	977		15-5-1706. Creation of Arkansas Housing Trust Fund Advisory Committee. 14
979	978		(a)(1) There is created the Arkansas Housing Trust Fund Adviso ry 15
980	979		Committee for the purpose of advising the staff and the Board of Directors of 16
981	980		the Arkansas Development Finance Authority with respect to the Arkansas 17
982	981		Housing Trust Fund. 18
983	982		(2) The members of the advisory committee shall be residents of 19
984	983		the state and should, to the extent possible, reflect the demographics of the 20
985	984		state with respect to geography, race, gender, and urban -rural mix. 21
986	985		(3) The members of the advisory committee shall be entitled to 22
987	986		expense reimbursement under § 25 -16-902 from amounts deposit ed into the fund. 23
988	987		(4) Each member of the advisory committee should have a 24
989	988		demonstrated interest in the housing needs of individuals and families with 25
990	989		low or moderate incomes and the revitalization of distressed neighborhoods. 26
991	990		(b) The advisory committe e shall consist of eleven (11) members with 27
992	991		the qualifications under § 15 -5-1705 to be appointed by the Governor, the 28
993	992		Speaker of the House of Representatives, and the President Pro Tempore of the 29
994	993		Senate, as follows: 30
995	994		(1) A representative of the financial industry, appointed by the 31
996	995		Governor; 32
997	996		(2) A beneficiary of assistance in rental housing or home 33
998	997		ownership, appointed by the Governor; 34
999	998		(3) An advocate for the homeless, appointed by the Governor; 35
1000	999		(4) A representative of the real estate industry, ap pointed by 36 As Engrossed: S3/8/23 SB356
1001	1000
1002	1001		26 03-08-2023 13:59:46 MLD125
1003	1002
1004	1003
1005	1004		the Governor; 1
1006	1005		(5) A representative from the economic development field, 2
1007	1006		appointed by the Governor; 3
1008	1007		(6) A developer of affordable housing, appointed by the 4
1009	1008		Governor; 5
1010	1009		(7) A citizen, appointed by the Governor; 6
1011	1010		(8) A consumer advocate with experience as a fair -housing 7
1012	1011		advocate, housing counselor, or affordable housing advocate, appointed by the 8
1013	1012		Speaker of the House of Representatives; 9
1014	1013		(9) A housing advocate representing the needs of rural 10
1015	1014		interests, appointed by the Speaker of the Ho use of Representatives; 11
1016	1015		(10) A special needs housing advocate appointed by the President 12
1017	1016		Pro Tempore of the Senate; and 13
1018	1017		(11) An advocate for public housing, appointed by the President 14
1019	1018		Pro Tempore of the Senate. 15
1020	1019		(c)(1) A member of the advisory committee shall serve a term of four 16
1021	1020		(4) years. 17
1022	1021		(2) In order to stagger the terms of the members, the initial 18
1023	1022		members of the advisory committee shall draw lots as follows: 19
1024	1023		(A) Two (2) members will have an initial term of one (1) 20
1025	1024		year; 21
1026	1025		(B) Three (3) members will have an initial term of two (2) 22
1027	1026		years; 23
1028	1027		(C) Three (3) members will have an initial term of three 24
1029	1028		(3) years; and 25
1030	1029		(D) Three (3) members will have an initial term of four 26
1031	1030		(4) years. 27
1032	1031		(3) Members of the advisory committee may serve su ccessive 28
1033	1032		terms. 29
1034	1033		30
1035	1034		SECTION 31. Arkansas Code § 15 -5-1707 is repealed. 31
1036	1035		15-5-1707. Roles and responsibilities of the Arkansas Housing Trust 32
1037	1036		Fund Advisory Committee. 33
1038	1037		(a) The Arkansas Housing Trust Fund Advisory Committee will operate 34
1039	1038		within the structure o f the Arkansas Development Finance Authority and will 35
1040	1039		advise the Board of Directors of the Arkansas Development Finance Authority 36 As Engrossed: S3/8/23 SB356
1041	1040
1042	1041		27 03-08-2023 13:59:46 MLD125
1043	1042
1044	1043
1045	1044		on matters relating to the Arkansas Housing Trust Fund and its programs. 1
1046	1045		(b) The responsibilities of the advisory committee shall be to: 2
1047	1046		(1) Collaborate with the staff of the authority in drafting 3
1048	1047		rules, compliance responsibilities, set -asides, and funding priorities for 4
1049	1048		the fund and the programs funded by the fund, which rules and policies will 5
1050	1049		be referred by the advisory c ommittee to the authority for its review and 6
1051	1050		approval; 7
1052	1051		(2) Review and advise the authority on fund marketing efforts; 8
1053	1052		(3) Review data on the use and impact of the fund compiled by 9
1054	1053		the staff of the authority, which shall be provided to the advisory co mmittee 10
1055	1054		not less frequently than one (1) time a year; 11
1056	1055		(4) Prepare, working with the staff of the authority or the 12
1057	1056		Department of Commerce, an annual review of the rules, compliance 13
1058	1057		responsibilities, set -asides, funding priorities, and funding decisions, 14
1059	1058		including any recommended changes, which review shall be presented to the 15
1060	1059		board for final approval; and 16
1061	1060		(5) Prepare an annual performance report for the fund, including 17
1062	1061		information about the fund's success in meeting its intended purposes, which 18
1063	1062		shall be provided to the Governor, the Speaker of the House of 19
1064	1063		Representatives, and the President Pro Tempore of the Senate. 20
1065	1064		21
1066	1065		SECTION 32. Arkansas Code § 15 -11-803(b), concerning eligibility for 22
1067	1066		Arkansas Great Places Program, is amended to read as follows: 23
1068	1067		(b)(1) An eligible organization may apply to the Department of Parks, 24
1069	1068		Heritage, and Tourism for participation in the Arkansas Great Places Program. 25
1070	1069		(2) The department shall forward applications for participation 26
1071	1070		in the program to the Arkansas Natural and Cultural Heritage Advisory 27
1072	1071		Committee to select applicants for participation in the program. 28
1073	1072		29
1074	1073		SECTION 33. Arkansas Code § 15 -11-803(d), concerning eligibility for 30
1075	1074		Arkansas Great Places Program, is amended to read as follows: 31
1076	1075		(d) The committee department shall not approve an application for 32
1077	1076		participation in the program if the application would: 33
1078	1077		(1) Fund academic research; 34
1079	1078		(2) Be awarded to a for -profit organization or event; 35
1080	1079		(3) Fund programs or projects that disregard the need to 36 As Engrossed: S3/8/23 SB356
1081	1080
1082	1081		28 03-08-2023 13:59:46 MLD125
1083	1082
1084	1083
1085	1084		preserve, protect, or conserve historical sites, structures, artifacts, and 1
1086	1085		the environment; or 2
1087	1086		(4) Be outside accepted professional museum or environmental 3
1088	1087		standards. 4
1089	1088		5
1090	1089		SECTION 34. Arkansas Code § 15 -11-803(f)(2), concerning eligibility 6
1091	1090		for Arkansas Great Place s Program, is amended to read as follows: 7
1092	1091		(2) The criteria to be used by the committee department when 8
1093	1092		determining whether to award a grant. 9
1094	1093		10
1095	1094		SECTION 35. Arkansas Code § 15 -11-804(a)(1)(A), concerning selection 11
1096	1095		for the Arkansas Great Places Program, i s amended to read as follows: 12
1097	1096		(a)(1)(A) The Arkansas Natural and Cultural Heritage Advisory 13
1098	1097		Committee Department of Parks, Heritage, and Tourism shall select four (4) 14
1099	1098		eligible organizations for participation in the Arkansas Great Places Program 15
1100	1099		by July 1, 2012. 16
1101	1100		17
1102	1101		SECTION 36. Arkansas Code § 15 -11-804(a)(1)(C), concerning selection 18
1103	1102		for the Arkansas Great Places Program, is amended to read as follows: 19
1104	1103		(C) The committee department shall select an eligible 20
1105	1104		organization under subdivision (a)(1)(A) of this section from each of the 21
1106	1105		four (4) congressional districts. 22
1107	1106		23
1108	1107		SECTION 37. Arkansas Code § 15 -11-804(a)(2)(A), concerning selection 24
1109	1108		for the Arkansas Great Places Program, is amended to read as follows: 25
1110	1109		(2)(A) After July 1, 2012, the committee department shall 26
1111	1110		select by July 1 of each even -numbered year no more than four (4) eligible 27
1112	1111		organizations for participation in the program. 28
1113	1112		29
1114	1113		SECTION 38. Arkansas Code § 15 -11-804(b) and (c), concerning selection 30
1115	1114		for the Arkansas Great Places Program, are amended to read as follows: 31
1116	1115		(b) A member of the committee department shall recuse from the 32
1117	1116		consideration of an application for participation in the program by an 33
1118	1117		eligible organization located in the county in which the member of the 34
1119	1118		committee department resides. 35
1120	1119		(c) The Department of Parks, Heritage, and Tourism department shall 36 As Engrossed: S3/8/23 SB356
1121	1120
1122	1121		29 03-08-2023 13:59:46 MLD125
1123	1122
1124	1123
1125	1124		work with the Arkansas Economic Development Commission to maximize grants 1
1126	1125		awarded to participants in the program. 2
1127	1126		3
1128	1127		SECTION 39. Arkansas Code § 15 -45-302 is repealed. 4
1129	1128		15-45-302. Nongame Preservation Committee. 5
1130	1129		(a) The Nongame Preservation Committee will consist of five (5) 6
1131	1130		members and will include the following representatives: 7
1132	1131		(1) The Director of the Arkansas State Game and Fish Commission; 8
1133	1132		(2) The Director of the State P arks Division; and 9
1134	1133		(3) The Director of the Arkansas Natural Heritage Commission. 10
1135	1134		(b) The remaining two (2) members shall: 11
1136	1135		(1) Be appointed by the Governor subject to confirmation by the 12
1137	1136		Senate after the Governor consults with private conservation organizations 13
1138	1137		from within the state; and 14
1139	1138		(2) Serve terms of three (3) years. 15
1140	1139		16
1141	1140		SECTION 40. Arkansas Code § 15 -45-303(b) and (c), concerning 17
1142	1141		expenditures for the Nongame Preservation Program, are amended to read as 18
1143	1142		follows: 19
1144	1143		(b) All state agencies are authorized to make application to the 20
1145	1144		Nongame Preservation Committee Arkansas State Game and Fish Commission for a 21
1146	1145		grant from the fund to effectuate the purposes of this subchapter. 22
1147	1146		(c) No expenditure shall be made without the approval and 23
1148	1147		authorization of the Governor upon the recommendation of the Nongame 24
1149	1148		Preservation Committee by majority vote . 25
1150	1149		26
1151	1150		SECTION 41. Arkansas Code § 17 -87-203(18), concerning duties of the 27
1152	1151		Arkansas State Board of Nursing, is repealed. 28
1153	1152		(18) Convene an advisory committee as pr ovided for in this 29
1154	1153		chapter to assist with oversight of medication assistive persons; 30
1155	1154		31
1156	1155		SECTION 42. Arkansas Code § 17 -87-710 is repealed. 32
1157	1156		17-87-710. Medication Assistive Person Advisory Committee. 33
1158	1157		(a)(1) The Medication Assistive Person Advisory Committ ee is created 34
1159	1158		as an advisory committee to the Arkansas State Board of Nursing. 35
1160	1159		(2) The committee shall assist the board in implementing the 36 As Engrossed: S3/8/23 SB356
1161	1160
1162	1161		30 03-08-2023 13:59:46 MLD125
1163	1162
1164	1163
1165	1164		provisions of this subchapter regarding medication assistive persons. 1
1166	1165		(b)(1) The Governor shall appoint six (6) members, subject to 2
1167	1166		confirmation by the Senate, who have the following qualifications: 3
1168	1167		(A) Two (2) members shall be certified medication 4
1169	1168		assistive persons; 5
1170	1169		(B) One (1) member shall be a licensed nursing home 6
1171	1170		administrator who has worked in that ca pacity for at least five (5) years; 7
1172	1171		(C) One (1) member shall be a registered nurse who has 8
1173	1172		been in a practice using certified nurse aides for at least five (5) years; 9
1174	1173		(D) One (1) member shall be a lay person representing the 10
1175	1174		interest of consumers o f healthcare services; and 11
1176	1175		(E) One (1) member shall be a nursing faculty member of an 12
1177	1176		Arkansas nursing education program. 13
1178	1177		(2) The Governor shall consult the board before making an 14
1179	1178		appointment under this section. 15
1180	1179		(c) Members shall serve three -year terms. 16
1181	1180		(d) The board may remove any committee member after notice and hearing 17
1182	1181		for incapacity, incompetence, neglect of duty, or malfeasance in office. 18
1183	1182		(e) The members of the committee shall serve without compensation but 19
1184	1183		may receive expense reimburseme nt in accordance with § 25 -16-902. 20
1185	1184		21
1186	1185		SECTION 43. Arkansas Code § 17 -98-103(2), concerning the definition of 22
1187	1186		"Continuing education unit", is amended to read as follows: 23
1188	1187		(2) “Continuing education unit” means value given for 24
1189	1188		participation in organized con tinuing education experience under reasonable 25
1190	1189		sponsorship, capable direction, and qualified instruction approved by the 26
1191	1190		State Board of Disease Intervention Specialists Health; 27
1192	1191		28
1193	1192		SECTION 44. Arkansas Code § 17 -98-105(d), concerning the penalties and 29
1194	1193		unlawful practices of disease intervention specialists, is amended to read as 30
1195	1194		follows: 31
1196	1195		(d) The State Board of Disease Intervention Specialists Health shall 32
1197	1196		assist the prosecuting attorney in the enforcement of this chapter, and any 33
1198	1197		member of the board may present evidence of a violation to the appropriate 34
1199	1198		prosecuting attorney. 35
1200	1199		36 As Engrossed: S3/8/23 SB356
1201	1200
1202	1201		31 03-08-2023 13:59:46 MLD125
1203	1202
1204	1203
1205	1204		SECTION 45. Arkansas Code § 17 -98-107(a), concerning the disposition 1
1206	1205		of fees or payments for licensing of disease intervention specialists, is 2
1207	1206		amended to read as follows: 3
1208	1207		(a) All fees or payments collected by the State Board of Disease 4
1209	1208		Intervention Specialists Health under this chapter shall be deposited into a 5
1210	1209		bank designated by the board, and the board shall make a report annually to 6
1211	1210		the Governor showing all receipts and disbursements of moneys and a summary 7
1212	1211		of all business transacted during the year. 8
1213	1212		9
1214	1213		SECTION 46. Arkansas Code § 17-98-201 is repealed. 10
1215	1214		17-98-201. Creation. 11
1216	1215		(a) There is created the State Board of Disease Intervention 12
1217	1216		Specialists, which shall consist of seven (7) members who shall be appointed 13
1218	1217		by the Governor after consulting the employees of the Division of AIDS and 14
1219	1218		Sexually Transmitted Diseases of the Department of Health and subject to 15
1220	1219		confirmation by the Senate. 16
1221	1220		(b)(1) Members shall be appointed for seven -year terms, except for a 17
1222	1221		person who is appointed to fill out the unexpired term of anoth er member. 18
1223	1222		(2) The term of office shall expire on January 1 of each year. 19
1224	1223		(3)(A) Each year, three (3) candidates shall be submitted by 20
1225	1224		registered disease intervention specialists to the Governor, who shall 21
1226	1225		appoint one (1) to fill the expired term. 22
1227	1226		(B) The term of office shall be fixed so that one (1) 23
1228	1227		member of the board will be retired each year, and each year three (3) 24
1229	1228		candidates shall be submitted by registered disease intervention specialists 25
1230	1229		to the Governor, who shall appoint one (1) to fill t he expired term. 26
1231	1230		(c)(1) The appointees shall be registered disease intervention 27
1232	1231		specialists who have been residents in the State of Arkansas for at least one 28
1233	1232		(1) year, have had experience in the field of disease intervention for at 29
1234	1233		least five (5) years, and are presently engaged in the field of disease 30
1235	1234		intervention. 31
1236	1235		(2) The board members must hold a current certificate of 32
1237	1236		registration issued by the board. 33
1238	1237		(d) The Governor shall fill any vacancy caused by death, resignation, 34
1239	1238		or removal for the unexpir ed term. 35
1240	1239		(e) The members of the board shall serve without compensation but may 36 As Engrossed: S3/8/23 SB356
1241	1240
1242	1241		32 03-08-2023 13:59:46 MLD125
1243	1242
1244	1243
1245	1244		receive expense reimbursement in accordance with § 25 -16-901 et seq. However, 1
1246	1245		the expenses shall in no case exceed funds available to the board. 2
1247	1246		3
1248	1247		SECTION 47. Arkansas Code § 17-98-202 is repealed. 4
1249	1248		17-98-202. Meetings — Election of officers. 5
1250	1249		(a) The State Board of Disease Intervention Specialists shall hold a 6
1251	1250		meeting at least one (1) time a year and at such times as the Chair of the 7
1252	1251		State Board of Disease Intervention Speci alists shall appoint. 8
1253	1252		(b) Annually, the board shall elect from its members a chair and a 9
1254	1253		secretary. 10
1255	1254		(c) Four (4) members shall constitute a quorum, but no action may be 11
1256	1255		taken on any questions unless at least four (4) members are in accord. 12
1257	1256		(d) The board shall adopt an official seal which shall be affixed to 13
1258	1257		all certificates of registration. 14
1259	1258		15
1260	1259		SECTION 48. Arkansas Code § 17 -98-203(a) and (b), concerning rules of 16
1261	1260		the State Board of Disease Intervention Specialists, are amended to read as 17
1262	1261		follows: 18
1263	1262		(a) The State Board of Disease Intervention Specialists Health shall 19
1264	1263		adopt such rules as are reasonably necessary to administer this chapter. 20
1265	1264		(b) The Chair of the State Board of Disease Intervention Specialists 21
1266	1265		Health and the Secretary of the State Boar d of Disease Intervention 22
1267	1266		Specialists may administer oaths and subpoena witnesses. 23
1268	1267		24
1269	1268		SECTION 49. Arkansas Code § 17 -98-301(a) and (b), concerning 25
1270	1269		examinations of the State Board of Disease Intervention Specialists, are 26
1271	1270		amended to read as follows: 27
1272	1271		(a) The State Board of Disease Intervention Specialists Health shall 28
1273	1272		hold examinations to test the fitness of applicants for registration at such 29
1274	1273		times and places within this state as the board shall determine. The board 30
1275	1274		shall conduct at least one (1) exa mination every year. The scope of the 31
1276	1275		examination shall be determined by the board. 32
1277	1276		(b) Within ninety (90) calendar days after an application is filed 33
1278	1277		with the Secretary of the State Board of Disease Intervention Specialists 34
1279	1278		Health, the board shall notif y the applicant whether his or her application 35
1280	1279		for examination was accepted or rejected and, if rejected, the reason 36 As Engrossed: S3/8/23 SB356
1281	1280
1282	1281		33 03-08-2023 13:59:46 MLD125
1283	1282
1284	1283
1285	1284		therefor. 1
1286	1285		2
1287	1286		SECTION 50. Arkansas Code § 17 -98-302(a), concerning admission to 3
1288	1287		examination for the State Board of Disease Intervention Spec ialists, is 4
1289	1288		amended to read as follows: 5
1290	1289		(a) The State Board of Disease Intervention Specialists Health shall 6
1291	1290		admit to examination any person who makes application to the Secretary of the 7
1292	1291		State Board of Disease Intervention Specialists Health on forms prescribed 8
1293	1292		and furnished by the board, pays an application fee set by the board to 9
1294	1293		defray the expense of examination, and submits satisfactory proof to the 10
1295	1294		board that he or she: 11
1296	1295		(1) Meets the minimum educational requirements; 12
1297	1296		(2) Meets the minimum speci alized training requirements, as 13
1298	1297		determined by the board; 14
1299	1298		(3) Has had two (2) years of field experience in human 15
1300	1299		immunodeficiency virus/sexually transmitted disease intervention; and 16
1301	1300		(4) Is actively engaged in the field of human immunodeficiency 17
1302	1301		virus/sexually transmitted disease intervention at the time he or she makes 18
1303	1302		application. 19
1304	1303		20
1305	1304		SECTION 51. Arkansas Code § 17 -98-303 is amended to read as follows: 21
1306	1305		17-98-303. Issuance of certificate without examination. 22
1307	1306		The State Board of Disease Intervention Specialists Health shall issue 23
1308	1307		a certificate of registration without examination to any person who makes 24
1309	1308		application on forms prescribed and furnished by the board, pays a 25
1310	1309		registration fee set by the board, and submits satisfactory proof that he or 26
1311	1310		she: 27
1312	1311		(1) Has had at least two (2) years' experience in the field of 28
1313	1312		human immunodeficiency virus/sexually transmitted disease intervention; and 29
1314	1313		(2) Is registered as a disease intervention specialist in a 30
1315	1314		state in which the qualifications for registration are not lower than the 31
1316	1315		qualifications for registration in this state at the time he or she applies 32
1317	1316		for registration. 33
1318	1317		34
1319	1318		SECTION 52. Arkansas Code § 17 -98-304(a), concerning the expiration 35
1320	1319		and renewal for the State Board of Disease Intervention Specialists, is 36 As Engrossed: S3/8/23 SB356
1321	1320
1322	1321		34 03-08-2023 13:59:46 MLD125
1323	1322
1324	1323
1325	1324		amended to read as follows: 1
1326	1325		(a) Each certificate of registration issued by the State Board of 2
1327	1326		Disease Intervention Specialists Health shall expire on June 30 following the 3
1328	1327		date of issue. 4
1329	1328		5
1330	1329		SECTION 53. Arkansas Code § 17 -98-305(a), concerning applica tion for 6
1331	1330		reinstatement as a registered disease intervention specialist, is amended to 7
1332	1331		read as follows: 8
1333	1332		(a) A former registered disease intervention specialist whose 9
1334	1333		certificate has expired or has been suspended or revoked may make application 10
1335	1334		for reinstatement by paying a renewal fee and submitting satisfactory proof 11
1336	1335		to the State Board of Disease Intervention Specialists Health that he or she 12
1337	1336		has complied with the continuing education requirements. 13
1338	1337		14
1339	1338		SECTION 54. Arkansas Code § 17 -98-306 is amended to re ad as follows: 15
1340	1339		17-98-306. Refusal to renew — Suspension or revocation. 16
1341	1340		The State Board of Disease Intervention Specialists Health may refuse 17
1342	1341		to renew or may suspend or revoke a certificate upon proof that the applicant 18
1343	1342		is guilty of fraud, deceit, gross negligence, incompetency, or misconduct 19
1344	1343		relative to his or her duties as a disease intervention specialist. 20
1345	1344		21
1346	1345		SECTION 55. Arkansas Code § 17 -98-307(a)(1), concering hearing and 22
1347	1346		notice before the State Board of Disease Intervention Specialists, is amended 23
1348	1347		to read as follows: 24
1349	1348		(a)(1) Before the State Board of Disease Intervention Specialists 25
1350	1349		Health may suspend, revoke, or refuse to renew a certificate of registration, 26
1351	1350		it shall set the matter for a hearing before the board, and, at least twenty 27
1352	1351		(20) calendar days before the date set for hearing, it shall give written 28
1353	1352		notice to the accused of the charges made and the date and place of the 29
1354	1353		hearing. 30
1355	1354		31
1356	1355		SECTION 56. Arkansas Code § 19 -5-1248 is repealed. 32
1357	1356		19-5-1248. Electrical Energy Advancement Program Fund. 33
1358	1357		(a) There is created on the books of the Treasurer of State, the 34
1359	1358		Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 35
1360	1359		fund to be known as the “Electrical Energy Advancement Program Fund”. 36 As Engrossed: S3/8/23 SB356
1361	1360
1362	1361		35 03-08-2023 13:59:46 MLD125
1363	1362
1364	1363
1365	1364		(b) The fund shall consist of: 1
1366	1365		(1) Funds provided by law; 2
1367	1366		(2) Grants made by any person or federal government agency; and 3
1368	1367		(3) Other funds that become available through energy programs. 4
1369	1368		(c) The fund shall be used by the Arkansas Statewide Energy Consortium 5
1370	1369		under the Electrical Energy Advancement Program, § 6 -61-1501 et seq., to 6
1371	1370		provide opportunities for Arkansas citizens to legitimately pursue high -7
1372	1371		technology and knowledge -based jobs in the electrical energy sector of 8
1373	1372		Arkansas by providing a statewide, collaborative educational system focused 9
1374	1373		on this sector. 10
1375	1374		11
1376	1375		SECTION 57. Arkansas Code Title 20, Chapter 8, Subchapter 7, is 12
1377	1376		repealed. 13
1378	1377		Subchapter 7 — Palliative Care 14
1379	1378		15
1380	1379		20-8-701. Definitions. 16
1381	1380		As used in this subchapter: 17
1382	1381		(1) “Palliative care” means patient -centered and family-centered 18
1383	1382		medical care offered throughout the continuum of an illness that optimizes 19
1384	1383		quality of life by anticipating, preventing, and treating the suffering 20
1385	1384		caused by a serious illness to address physical, emotional, social, and 21
1386	1385		spiritual needs and facilitate patient autonomy, access to information, and 22
1387	1386		choice, including without limitation: 23
1388	1387		(A) Discussion of the patient's goals for treatment; 24
1389	1388		(B) Discussions of treatment options appropriate to the 25
1390	1389		patient, including hospice care, if needed; and 26
1391	1390		(C) Comprehensive pain and symptom management; and 27
1392	1391		(2) “Serious illness” means a medical illness or physical injury 28
1393	1392		or condition that substantially impacts quality of life for more than a short 29
1394	1393		period of time, including without limitation cancer, renal failure, liv er 30
1395	1394		failure, heart disease, lung disease, and Alzheimer's disease and related 31
1396	1395		dementia. 32
1397	1396		33
1398	1397		20-8-702. Palliative Care and Quality of Life Interdisciplinary Task 34
1399	1398		Force — Creation — Membership. 35
1400	1399		(a) There is created the Palliative Care and Quality of Life 36 As Engrossed: S3/8/23 SB356
1401	1400
1402	1401		36 03-08-2023 13:59:46 MLD125
1403	1402
1404	1403
1405	1404		Interdisciplinary Task Force. 1
1406	1405		(b) The task force shall consist of thirteen (13) members as follows: 2
1407	1406		(1) Nine (9) members appointed by the Governor as follows: 3
1408	1407		(A) One (1) member who is a designee of the American 4
1409	1408		Cancer Society; 5
1410	1409		(B) One (1) member who is a designee of the Hospice and 6
1411	1410		Palliative Care Association of Arkansas, Inc.; 7
1412	1411		(C) One (1) member who is a designee of the Department of 8
1413	1412		Veterans Affairs; 9
1414	1413		(D) One (1) member who is a designee of the American Heart 10
1415	1414		Association, Arkansas Affilia te, Inc.; 11
1416	1415		(E) One (1) member who is a designee of the Arkansas 12
1417	1416		Hospital Association, Inc.; 13
1418	1417		(F) One (1) member who is a designee of the Arkansas 14
1419	1418		Medical Society, Inc.; 15
1420	1419		(G) One (1) member who is a designee of the Arkansas 16
1421	1420		Health Care Association; 17
1422	1421		(H) One (1) member who is a designee of the Arkansas 18
1423	1422		Center for Health Improvement; and 19
1424	1423		(I) One (1) member, who is appointed in consultation with 20
1425	1424		the Secretary of the Department of Health, who is a palliative care 21
1426	1425		professional with expertise in the following knowledge areas that may include 22
1427	1426		without limitation: 23
1428	1427		(i) Interdisciplinary palliative care; 24
1429	1428		(ii) Medical, nursing, social work, pharmacy, or 25
1430	1429		spiritual services; 26
1431	1430		(iii) Psychosocial issues involved in caregiving for 27
1432	1431		patient and family caregivers or their advocates; and 28
1433	1432		(iv) Palliative care perspectives and challenges 29
1434	1433		across multiple settings, including inpatient, outpatient, and community 30
1435	1434		settings, and across pediatric, youth, adult, and geriatric populations; 31
1436	1435		(2) Two (2) members appointed by the President Pro Tempore of 32
1437	1436		the Senate as follows: 33
1438	1437		(A) One (1) member who is a board -certified hospice and 34
1439	1438		palliative medicine physician, physician assistant, or nurse; and 35
1440	1439		(B) One (1) member, in consultation with the Arkansas 36 As Engrossed: S3/8/23 SB356
1441	1440
1442	1441		37 03-08-2023 13:59:46 MLD125
1443	1442
1444	1443
1445	1444		Surgeon General, who is a palliative care professional with expertise in the 1
1446	1445		following knowledge areas that may include without limitation: 2
1447	1446		(i) Interdisciplinary palliative care; 3
1448	1447		(ii) Medical, nursing, social work, pharmacy, or 4
1449	1448		spiritual services; 5
1450	1449		(iii) Psychosocial issues involved in caregiving for 6
1451	1450		patient and family caregivers or their advocates; and 7
1452	1451		(iv) Palliative care perspectives and challenges 8
1453	1452		across multiple settings, including inpatient, outpatient, and community 9
1454	1453		settings, and across pediatric, youth, adult, and geriatric populations; and 10
1455	1454		(3) Two (2) members appointed by the Speaker of the House of 11
1456	1455		Representatives as follows: 12
1457	1456		(A) One (1) member who is a board -certified hospice and 13
1458	1457		palliative medicine physician, physician assistant, advanced practice 14
1459	1458		registered nurse, or nurse; and 15
1460	1459		(B) One (1) member, in consultation with the Arkansas 16
1461	1460		Surgeon General, who is a palliative care professional with expertise in the 17
1462	1461		following knowledge areas that may include without limitatio n: 18
1463	1462		(i) Interdisciplinary palliative care; 19
1464	1463		(ii) Medical, nursing, social work, pharmacy, or 20
1465	1464		spiritual services; 21
1466	1465		(iii) Psychosocial issues involved in caregiving for 22
1467	1466		patient and family caregivers or their advocates; and 23
1468	1467		(iv) Palliative care perspectives and challenges 24
1469	1468		across multiple settings, including inpatient, outpatient, and community 25
1470	1469		settings, and across pediatric, youth, adult, and geriatric populations. 26
1471	1470		(c) The members of the task force shall be appointed by September 1, 27
1472	1471		2017. 28
1473	1472		(d) In the event of a vacancy in the membership of the task force, a 29
1474	1473		person shall be appointed by the appropriate individual and who meets the 30
1475	1474		applicable eligibility requirements of the vacated position to fill the 31
1476	1475		vacancy for the remainder of the term. 32
1477	1476		(e)(1) The task force shall select a chair and vice chair during the 33
1478	1477		first meeting. 34
1479	1478		(2) The task force shall hold at least two (2) regular meetings 35
1480	1479		in each calendar year at a time and place determined by the task force. 36 As Engrossed: S3/8/23 SB356
1481	1480
1482	1481		38 03-08-2023 13:59:46 MLD125
1483	1482
1484	1483
1485	1484		(f) Seven (7) members of the ta sk force shall constitute a quorum to 1
1486	1485		transact business. 2
1487	1486		(g) The members of the task force may receive expense reimbursement in 3
1488	1487		accordance with § 25 -16-901 et seq. 4
1489	1488		(h) The Department of Health shall provide staff, information, and 5
1490	1489		other assistance as reasonably necessary to assist the task force in its 6
1491	1490		efficient organization. 7
1492	1491		(i) The purpose of the task force is to consult with and advise the 8
1493	1492		Department of Health on matters relating to the establishment, maintenance, 9
1494	1493		operation, and outcome evaluation of palliative care initiatives in the 10
1495	1494		state. 11
1496	1495		(j) The task force shall expire on December 31, 2021, unless extended 12
1497	1496		by the General Assembly. 13
1498	1497		14
1499	1498		20-8-703. Reports. 15
1500	1499		(a) The Palliative Care and Quality of Life Interdisciplinary Task 16
1501	1500		Force shall submit a preliminary report to the Governor, President Pro 17
1502	1501		Tempore of the Senate, and the Speaker of the House of Representatives on or 18
1503	1502		before January 17, 2019, that includes without limitation: 19
1504	1503		(1) Recommendations for the establishment, maintenance, 20
1505	1504		operation, and outcome evaluation of palliative care initiatives in the 21
1506	1505		state; and 22
1507	1506		(2) Recommendations for any statutory changes to be considered 23
1508	1507		by the General Assembly. 24
1509	1508		(b) The task force shall submit a follow -up report to the Governor, 25
1510	1509		President Pro Tempore o f the Senate, and the Speaker of the House of 26
1511	1510		Representatives on or before December 31, 2020, detailing the implementation 27
1512	1511		of the recommendations from the preliminary report. 28
1513	1512		(c) On and after August 1, 2017, the task force shall submit and 29
1514	1513		present a quarterly report to the Senate Committee on Public Health, Welfare, 30
1515	1514		and Labor and the House Committee on Public Health, Welfare, and Labor. 31
1516	1515		32
1517	1516		SECTION 58. Arkansas Code § 20 -14-204 is amended to read as follows: 33
1518	1517		20-14-204. Officers. 34
1519	1518		(a) The Chair of the Gov ernor's Commission on People with Disabilities 35
1520	1519		shall be appointed biennially by the Governor and serve at the pleasure of 36 As Engrossed: S3/8/23 SB356
1521	1520
1522	1521		39 03-08-2023 13:59:46 MLD125
1523	1522
1524	1523
1525	1524		the Governor. 1
1526	1525		(b) The chair shall select an executive board. 2
1527	1526		(c) The Executive Board of the Governor's Commission on People with 3
1528	1527		Disabilities is empowered to select from the commission membership a vice 4
1529	1528		chair should such a position be desirable. 5
1530	1529		(d)(c) The chair, or in his or her absence the Vice Chair of the 6
1531	1530		Governor's Commission on People with Disabilities, shall exercise general 7
1532	1531		supervision of all commission affairs. 8
1533	1532		(e)(d) The chair shall preside over all meetings of the commission and 9
1534	1533		executive board, appoint subcommittees and chairs, and serve as an ex officio 10
1535	1534		member of all subcommittees. 11
1536	1535		12
1537	1536		SECTION 59. Arkansas Code § 20 -14-207 is repealed. 13
1538	1537		20-14-207. Executive board. 14
1539	1538		(a) The Chair of the Governor's Commission on People with Disabilities 15
1540	1539		shall name an executive board from the membership consisting of no more than 16
1541	1540		five (5) members, taking into consideration that consumer r epresentation must 17
1542	1541		be assured. 18
1543	1542		(b) The Executive Board of the Governor's Commission on People with 19
1544	1543		Disabilities shall be responsible for the following activities: 20
1545	1544		(1) [Repealed.] 21
1546	1545		(2) Acting on behalf of the Governor's Commission on People with 22
1547	1546		Disabilities between regular meetings of the full commission; 23
1548	1547		(3) Establishing a schedule for regular commission meetings and 24
1549	1548		holding such other meetings of the executive board as may be necessary; 25
1550	1549		(4) Preparing an annual plan of work for the commission, subject 26
1551	1550		to the approval of the commission; 27
1552	1551		(5) Assuring that commission activities coordinate with those of 28
1553	1552		other public and private agencies responsible for providing services to 29
1554	1553		disabled citizens; 30
1555	1554		(6) Scheduling a public hearing on any commission-related matter 31
1556	1555		if a hearing is required by state law or deemed necessary by the commission; 32
1557	1556		and 33
1558	1557		(7) Establishing such subcommittees as may be necessary to carry 34
1559	1558		out the powers and duties of the commission. 35
1560	1559		36 As Engrossed: S3/8/23 SB356
1561	1560
1562	1561		40 03-08-2023 13:59:46 MLD125
1563	1562
1564	1563
1565	1564		SECTION 60. Arkansas Code § 20 -14-208(a), concerning subcommittees of 1
1566	1565		the Governor's Commission on People with Disabilities, is amended to read as 2
1567	1566		follows: 3
1568	1567		(a) The Executive Board of the Governor's Commission on People with 4
1569	1568		Disabilities shall establish such subcommittees as it determine s necessary. 5
1570	1569		6
1571	1570		SECTION 61. Arkansas Code § 20 -14-210(b), concerning gifts, grants, 7
1572	1571		and donations to the Governor's Commission on People with Disabilities, is 8
1573	1572		amended to read as follows: 9
1574	1573		(b) The commission may disburse and administer the gifts, grants, a nd 10
1575	1574		donations in accordance with the conditions established by the Executive 11
1576	1575		Board of the Governor's Commission on People with Disabilities commission. 12
1577	1576		13
1578	1577		SECTION 62. Arkansas Code § 20 -45-302 is repealed. 14
1579	1578		20-45-302. Creation and purpose. 15
1580	1579		(a) There is established the “Arkansas Suicide Prevention Council”. 16
1581	1580		(b) The purpose of the council is to serve as a central body on 17
1582	1581		suicide prevention efforts across the state, including without limitation: 18
1583	1582		(1) Setting priorities for statewide, data -driven, evidence-19
1584	1583		based, and clinically informed suicide prevention in Arkansas; 20
1585	1584		(2) Providing a public forum to examine the current status of 21
1586	1585		suicide prevention and intervention policies, priorities, and practices; 22
1587	1586		(3) Identifying interested parties, community, state, and 23
1588	1587		national prevention providers and stakeholders for collaboration and devising 24
1589	1588		a system of gathering data and other information to ensure coordination of 25
1590	1589		suicide prevention resources and services throughout Arkansas; 26
1591	1590		(4) Assisting private, non profit, and faith-based entities, 27
1592	1591		including without limitation coalitions, foundations, initiatives, churches, 28
1593	1592		veterans groups, substance abuse recovery groups, senior adult organizations, 29
1594	1593		grief support groups, injury prevention groups, and other groups to enhance 30
1595	1594		suicide prevention and survivor support efforts; and 31
1596	1595		(5) Aiding in the development of evaluation tools and data 32
1597	1596		collection for use in reporting suicide prevention efforts to the public. 33
1598	1597		(c) Within sixty (60) days of July 22, 2015, there shall be appointed 34
1599	1598		to the council no more than twenty -three (23) members, including: 35
1600	1599		(1) A representative of the office of the Attorney General, to 36 As Engrossed: S3/8/23 SB356
1601	1600
1602	1601		41 03-08-2023 13:59:46 MLD125
1603	1602
1604	1603
1605	1604		be designated by the Attorney General; 1
1606	1605		(2) A representative of the Division of Aging, Adult, and 2
1607	1606		Behavioral Health Services of the Department of Human Services, to be 3
1608	1607		designated by the Director of the Division of Aging, Adult, and Behavioral 4
1609	1608		Health Services of the Department of Human Services; 5
1610	1609		(3) A representative of the Division of Elementary and Secondary 6
1611	1610		Education, to be designated by the Commissioner of Elementary and Secondary 7
1612	1611		Education; 8
1613	1612		(4) A representative of the Division of Youth Services, to be 9
1614	1613		designated by the head of the Division of Youth Services; 10
1615	1614		(5) A representative of Arkansas Children's Hospital, to be 11
1616	1615		designated by the President and Chief Executive Officer of Arkansas 12
1617	1616		Children's Hospital; 13
1618	1617		(6) A representative of law enforcement, to be designated by the 14
1619	1618		Director of the Division of Arkansas State Police; 15
1620	1619		(7) A representative from hi gher education, to be designated by 16
1621	1620		the Director of the Division of Higher Education; 17
1622	1621		(8) A representative from kindergarten through grade twelve (K -18
1623	1622		12) education, to be designated by the Arkansas Education Association; 19
1624	1623		(9) A representative from an employee assistance program or 20
1625	1624		human resources in the private sector, to be designated by the Governor; 21
1626	1625		(10) A licensed mental health professional, to be designated by 22
1627	1626		the Governor; 23
1628	1627		(11) A representative of substance -abuse treatment providers, to 24
1629	1628		be designated by the Governor; 25
1630	1629		(12) A representative of primary medical care providers, to be 26
1631	1630		designated by the Governor; 27
1632	1631		(13) A representative of first responders, to be designated by 28
1633	1632		the Governor; 29
1634	1633		(14) A representative from a hospital with an on -site emergency 30
1635	1634		department, to be designated by the Governor; 31
1636	1635		(15) A hospital-based social worker, to be designated by the 32
1637	1636		Governor; 33
1638	1637		(16) An elected coroner, to be designated by the Governor; 34
1639	1638		(17) An active member or veteran of any branch of the Unit ed 35
1640	1639		States Armed Forces, to be designated by the Governor; 36 As Engrossed: S3/8/23 SB356
1641	1640
1642	1641		42 03-08-2023 13:59:46 MLD125
1643	1642
1644	1643
1645	1644		(18) Two (2) family members of persons who died by suicide, to 1
1646	1645		be designated by the Governor; 2
1647	1646		(19) A person who has attempted suicide, recovered, and is now 3
1648	1647		thriving, to be designated by the G overnor; 4
1649	1648		(20) A representative of the suicide prevention nonprofit 5
1650	1649		community, to be designated by the Governor; 6
1651	1650		(21) A representative of the Arkansas Prevention Network, to be 7
1652	1651		designated by the President of the Arkansas Prevention Network; and 8
1653	1652		(22) A representative from an interfaith organization, to be 9
1654	1653		designated by the Governor. 10
1655	1654		(d) The council shall elect annually two (2) cochairs, a vice chair, 11
1656	1655		and a secretary who will serve as an executive board. 12
1657	1656		(e)(1) The council shall establish a charter and bylaws within ninety 13
1658	1657		(90) days of the first meeting. 14
1659	1658		(2) A quorum for conducting business is one -half (½) of the 15
1660	1659		appointed members. 16
1661	1660		(f)(1) The council shall meet at least four (4) times each year. 17
1662	1661		(2) The council shall meet at times and places that the cochairs 18
1663	1662		deem necessary, but no meeting shall be held outside the state. 19
1664	1663		(3) Special meetings may be held at the call of the cochairs, as 20
1665	1664		needed. 21
1666	1665		(g)(1) The appointed members of the council shall serve staggered 22
1667	1666		terms of four (4) year s with no more than two (2) contiguous terms. 23
1668	1667		(2) If a vacancy occurs in an appointed position, the vacancy 24
1669	1668		shall be filled for the unexpired term by an appointment made in the same 25
1670	1669		manner as the original appointment. 26
1671	1670		(h) Appointments shall: 27
1672	1671		(1) Represent persons of different ethnic backgrounds; 28
1673	1672		(2) Include members from each of Arkansas's four (4) 29
1674	1673		congressional districts; and 30
1675	1674		(3) Include members with expertise from groups associated with 31
1676	1675		high suicide rates and suicide attempts. 32
1677	1676		(i)(1) The members of the council shall serve without compensation but 33
1678	1677		may seek reimbursement for travel expenses to and from meetings of the 34
1679	1678		council. 35
1680	1679		(2) The expense reimbursement shall be paid by the Department of 36 As Engrossed: S3/8/23 SB356
1681	1680
1682	1681		43 03-08-2023 13:59:46 MLD125
1683	1682
1684	1683
1685	1684		Health from moneys available for that purpose. 1
1686	1685		(j) The Department of Health shall provide staff and programmatic 2
1687	1686		support for the council to the extent that funding is available. 3
1688	1687		(k) The Department of Health is the designated agency for the purposes 4
1689	1688		of suicide prevention and related state and federal programmatic and funding 5
1690	1689		applications. 6
1691	1690		(l) Within the first year of its creation, the council shall make 7
1692	1691		recommendations to the General Assembly on staffing and funding needs to 8
1693	1692		implement an effective statewide suicide prevention program. 9
1694	1693		10
1695	1694		SECTION 63. Arkansas Code § 20-47-704 is repealed. 11
1696	1695		20-47-704. Children's Behavioral Health Care Commission — Composition — 12
1697	1696		Duties. 13
1698	1697		The Governor shall establish a Children's Behavioral Health Care 14
1699	1698		Commission. The commission shall: 15
1700	1699		(1) Consist of nine (9) members, who shall: 16
1701	1700		(A) Include families and advocates for children receiving 17
1702	1701		behavioral healthcare services and representatives from a variety of 18
1703	1702		behavioral healthcare agencies, disciplines, and providers; and 19
1704	1703		(B) Serve three-year terms, except that the i nitial term 20
1705	1704		for two-thirds (2/3) of the membership shall be equally divided by lot with 21
1706	1705		one-half of such persons serving an initial term of one (1) year and the 22
1707	1706		other half serving an initial term of two (2) years; and 23
1708	1707		(2) Provide advice and guidance to the Department of Human 24
1709	1708		Services and other state agencies providing behavioral healthcare services to 25
1710	1709		children, youth, and their families on the most effective methods for 26
1711	1710		establishing a system -of-care approach. 27
1712	1711		28
1713	1712		SECTION 64. Arkansas Code § 20 -47-705 is amended to read as follows: 29
1714	1713		20-47-705. Behavioral healthcare initiatives. 30
1715	1714		The Department of Human Services , with advice from the Children's 31
1716	1715		Behavioral Health Care Commission, shall: 32
1717	1716		(1) Identify and implement actions for ensuring that children, 33
1718	1717		youth, and their families are full partners in the design and implementation 34
1719	1718		of all aspects of the system of care as well as full partners in decisions 35
1720	1719		about their care or their children's care; 36 As Engrossed: S3/8/23 SB356
1721	1720
1722	1721		44 03-08-2023 13:59:46 MLD125
1723	1722
1724	1723
1725	1724		(2) Identify up to two million dollars ($2,000,000) per year to 1
1726	1725		apply to the following purposes: 2
1727	1726		(A) Meeting extraordinary, non -Medicaid-reimbursable needs 3
1728	1727		of children, youth, and their families, as identified in multiagency plans of 4
1729	1728		services; 5
1730	1729		(B) Supporting creation or strengthening of entities 6
1731	1730		designed to guide the development and operation of local, regional, and state 7
1732	1731		components of the system of care; 8
1733	1732		(C) Strengthening family and advocate skills and capacity 9
1734	1733		to provide meaningful input on the system of care; and 10
1735	1734		(D) Supporting the development and enh ancement of needed 11
1736	1735		behavioral healthcare services in underserved areas; 12
1737	1736		(3) Revise Medicaid rules to increase quality, accountability, 13
1738	1737		and appropriateness of Medicaid -reimbursed behavioral healthcare services, 14
1739	1738		including, but not limited to: 15
1740	1739		(A) Clarifying behavioral healthcare services definitions 16
1741	1740		to assure that the definitions are appropriate to the needs of children, 17
1742	1741		youth, and their families; 18
1743	1742		(B) Revising the process for Medicaid to receive, review, 19
1744	1743		and act upon requests for behavioral health care for children and youth 20
1745	1744		classified as seriously emotionally disturbed; 21
1746	1745		(C) Clarifying Medicaid certification rules for providers 22
1747	1746		serving children, youth, and their families to assure that the certification 23
1748	1747		rules correlate with the requirements for enrollment as a Medicaid provider 24
1749	1748		of behavioral healthcare services; 25
1750	1749		(D)(i) Defining a standardized screening and assessment 26
1751	1750		process designed to provide early identification of conditions that require 27
1752	1751		behavioral healthcare services. 28
1753	1752		(ii) The standardized process shall ensure that: 29
1754	1753		(a) Assessments guide service decisions, 30
1755	1754		outcomes, and, if appropriate, development of a multiagency plan of services; 31
1756	1755		and 32
1757	1756		(b) Services delivered are appropriate to meet 33
1758	1757		the needs of the child as identified by the assessment; 34
1759	1758		(4) Research, identify, and implement innovative and promising 35
1760	1759		local, regional, or statewide approaches for better managing the state's 36 As Engrossed: S3/8/23 SB356
1761	1760
1762	1761		45 03-08-2023 13:59:46 MLD125
1763	1762
1764	1763
1765	1764		resources devoted to children's behavioral health; and 1
1766	1765		(5) Create additional capacity within the Division of Aging, 2
1767	1766		Adult, and Behavioral Health Services of the Department of Human Services to 3
1768	1767		develop, support, and oversee the new system of care for behavioral 4
1769	1768		healthcare services for children, including: 5
1770	1769		(A)(i) Selecting a new outcomes measurement tool to 6
1771	1770		support an improved system of tracking, accountability, and decision -making. 7
1772	1771		(ii) The new outcomes measurement tool shall be 8
1773	1772		selected no later than September 30, 2015, and shall replace the current 9
1774	1773		outcomes measurement tool for purposes of re porting required in § 20 -47-510; 10
1775	1774		and 11
1776	1775		(B) Creating additional staff support to provide technical 12
1777	1776		assistance, utilize information, identify and encourage best practices, 13
1778	1777		monitor performance, and recommend system improvements. 14
1779	1778		15
1780	1779		SECTION 65. Arkansas Code § 20-77-2201 is repealed. 16
1781	1780		20-77-2201. Title. 17
1782	1781		This subchapter shall be known and may be cited as the “Healthcare 18
1783	1782		Quality and Payment Policy Advisory Committee Act”. 19
1784	1783		20
1785	1784		SECTION 66. Arkansas Code § 20 -77-2203 is repealed. 21
1786	1785		20-77-2203. Healthcare Quality an d Payment Policy Advisory Committee — 22
1787	1786		Created — Membership. 23
1788	1787		(a) The Healthcare Quality and Payment Policy Advisory Committee is 24
1789	1788		created. 25
1790	1789		(b)(1) Except as provided under subdivision (b)(2) of this section, 26
1791	1790		the committee shall consist of the following se ven (7) voting members: 27
1792	1791		(A) Three (3) members appointed by the President Pro 28
1793	1792		Tempore of the Senate, including: 29
1794	1793		(i) One (1) physician in good standing with the 30
1795	1794		Arkansas State Medical Board; 31
1796	1795		(ii) One (1) member nominated by the Arkansas 32
1797	1796		Hospital Association, Inc. who represents hospitals with more than one 33
1798	1797		hundred (100) beds; and 34
1799	1798		(iii) One (1) medical director of a commercially 35
1800	1799		owned insurance company participating with the Division of Medical Services 36 As Engrossed: S3/8/23 SB356
1801	1800
1802	1801		46 03-08-2023 13:59:46 MLD125
1803	1802
1804	1803
1805	1804		of the Department of Human Services in the Arkansas Health Care Payment 1
1806	1805		Improvement Initiative; 2
1807	1806		(B) Three (3) members appointed by the Speaker of the 3
1808	1807		House of Representatives, including: 4
1809	1808		(i) Two (2) physicians nominated by the Arkansas 5
1810	1809		Medical Society, Inc.; and 6
1811	1810		(ii) One (1) member nominated by the Arkansas 7
1812	1811		Hospital Association, Inc. who represents hospitals with fewer than one 8
1813	1812		hundred (100) beds; and 9
1814	1813		(C) The Director of the Division of Medical Services of 10
1815	1814		the Department of Human Services. 11
1816	1815		(2)(A) For purposes of reviewing a draft rule related to long -12
1817	1816		term care services and supports, the committee shall include the following 13
1818	1817		five (5) additional voting members: 14
1819	1818		(i) One (1) member nominated by the Arkansas Health 15
1820	1819		Care Association to represent nursing homes and appointed by the President 16
1821	1820		Pro Tempore of the Senate; 17
1822	1821		(ii) One (1) member nominated by the Arkansas 18
1823	1822		Association of Area Agencies on Aging and appointed by the President Pro 19
1824	1823		Tempore of the Senate; 20
1825	1824		(iii) One (1) member nominated by the Arkansas 21
1826	1825		Residential Assisted Living Association, Inc. and appointed by the President 22
1827	1826		Pro Tempore of the Senate; 23
1828	1827		(iv) One (1) member nominated by the Arkansas 24
1829	1828		Residential Assisted Living Association, Inc. and appointed by the Speaker of 25
1830	1829		the House of Representatives; and 26
1831	1830		(v) One (1) member nominated by the HomeCare 27
1832	1831		Association of Arkansas and appointed by the Speaker of the House of 28
1833	1832		Representatives. 29
1834	1833		(B)(i) As used in subdivision (b)(2)(A) of this section, 30
1835	1834		“long-term care services and supports” does not include serv ices provided in 31
1836	1835		intermediate care facilities for individuals with developmental disabilities 32
1837	1836		or services provided by an entity licensed or certified by the Division of 33
1838	1837		Developmental Disabilities Services of the Department of Human Services. 34
1839	1838		(ii) For purposes of reviewing a draft rule related 35
1840	1839		to services provided in intermediate care facilities for individuals with 36 As Engrossed: S3/8/23 SB356
1841	1840
1842	1841		47 03-08-2023 13:59:46 MLD125
1843	1842
1844	1843
1845	1844		developmental disabilities and services provided by an entity licensed or 1
1846	1845		certified by the Division of Developmental Disabilities Services, § 20-77-2
1847	1846		2205(b)(2) applies. 3
1848	1847		(3) A medical director of a commercially owned insurance company 4
1849	1848		participating with the Division of Medical Services in the Arkansas 5
1850	1849		Healthcare Payment Improvement Initiative who is not appointed under 6
1851	1850		subdivision (b)(1)(A)( iii) of this section may serve as an ex officio member 7
1852	1851		of the committee but shall not vote. 8
1853	1852		(c) The committee may appoint subcommittees of the committee to study, 9
1854	1853		research, and advise the committee. 10
1855	1854		(d) The Department of Human Services may provide offi ces and staff for 11
1856	1855		the committee. 12
1857	1856		(e)(1) The members of the committee shall serve two -year terms. 13
1858	1857		(2) At the first meeting of the committee, the length of the 14
1859	1858		terms of the initial appointees shall be determined by lot. 15
1860	1859		(f) The members of the committe e shall hold the first meeting in 16
1861	1860		offices made available by the department within thirty (30) days of the 17
1862	1861		appointment of the members of the committee. 18
1863	1862		(g) The committee annually shall select from its membership a chair 19
1864	1863		and a vice chair. 20
1865	1864		(h)(1) A majority of the membership of the committee constitutes a 21
1866	1865		quorum. 22
1867	1866		(2) A majority vote of the members present is required for any 23
1868	1867		action of the committee. 24
1869	1868		(i)(1) A vacancy on the committee due to death, resignation, removal, 25
1870	1869		or another cause shall be filled in the same manner as the initial 26
1871	1870		appointment. 27
1872	1871		(2) A member appointed to fill a vacancy shall serve for the 28
1873	1872		remainder of the vacated term. 29
1874	1873		(j) The members of the committee may be removed by the appointing 30
1875	1874		official for cause. 31
1876	1875		(k) Members of the commi ttee except those employed by the state may 32
1877	1876		receive expense reimbursement and stipends under § 25 -16-901 et seq. 33
1878	1877		34
1879	1878		SECTION 67. Arkansas Code § 20 -77-2204 is repealed. 35
1880	1879		20-77-2204. Purpose. 36 As Engrossed: S3/8/23 SB356
1881	1880
1882	1881		48 03-08-2023 13:59:46 MLD125
1883	1882
1884	1883
1885	1884		The purpose of the Healthcare Quality and Payment Policy Advisory 1
1886	1885		Committee is to make recommendations and provide advice and assistance to the 2
1887	1886		Department of Human Services concerning the promulgation of rules submitted 3
1888	1887		by the department to the committee to promote high -quality, safe, effective, 4
1889	1888		timely, efficient, and p atient-centered physician services, hospital 5
1890	1889		services, and long-term care services and supports in the State of Arkansas, 6
1891	1890		as related to the development of episodes of care and the episodes -of-care 7
1892	1891		target prices and quality metrics within the Arkansas Healt hcare Payment 8
1893	1892		Improvement Initiative. 9
1894	1893		10
1895	1894		SECTION 68. Arkansas Code § 20 -77-2205 is amended to read as follows: 11
1896	1895		20-77-2205. Medicaid payment and reimbursement rules related to 12
1897	1896		development of episodes of care. 13
1898	1897		(a)(1) The Department of Human Services shall not adopt a rule under 14
1899	1898		the Arkansas Administrative Procedure Act, § 25 -15-201 et seq., related to 15
1900	1899		the development of episodes of care for patient -centered physician services, 16
1901	1900		hospital services, and long -term care services and supports, including 17
1902	1901		without limitation the episodes -of-care target prices and quality metrics, 18
1903	1902		without first submitting the proposed rule to the Healthcare Quality and 19
1904	1903		Payment Policy Advisory Committee for review. 20
1905	1904		(2) Concurrent with a submission of a draft rule to the 21
1906	1905		committee under subdivision (a)(1) of this section, the department shall 22
1907	1906		issue a public notice of the draft rule for which the department shall: 23
1908	1907		(A) Include in the notice a statement of the terms or 24
1909	1908		substance of the draft rule and the specific provider category or categories 25
1910	1909		affected; 26
1911	1910		(B) Mail the notice to any person who requests notice of a 27
1912	1911		submission of a draft rule to the committee under subdivision (a)(1) of this 28
1913	1912		section; and 29
1914	1913		(C) Post the notice on the department’s website i n a 30
1915	1914		section dedicated to the committee. 31
1916	1915		(3) Concurrent with a submission of a draft rule to the 32
1917	1916		committee under subdivision (a)(1) of this section, the The department shall 33
1918	1917		post the draft rule on its website in a section dedicated to the committee 34
1919	1918		during the entire period the draf t rule is under consideration by the 35
1920	1919		committee. 36 As Engrossed: S3/8/23 SB356
1921	1920
1922	1921		49 03-08-2023 13:59:46 MLD125
1923	1922
1924	1923
1925	1924		(4)(2) The department shall provide to a person who requests the 1
1926	1925		information a meeting notice that identifies the time and place of each 2
1927	1926		committee and subcommittee meeting and the draft rules under conside ration by 3
1928	1927		the committee or subcommittee at each meeting . 4
1929	1928		(b)(1) At least forty-five (45) days before initiating the 5
1930	1929		promulgation process under the Arkansas Administrative Procedure Act, § 25 -6
1931	1930		15-201 et seq., for a rule related to the development of episod es of care for 7
1932	1931		patient-centered physician services, hospital services, or long -term care 8
1933	1932		services and supports, including without limitation the episodes -of-care 9
1934	1933		target prices and quality metrics, the department shall submit the draft rule 10
1935	1934		to the committee for review and advice. 11
1936	1935		(2)(A) If the draft rule pertains to a healthcare provider 12
1937	1936		listed in § 20-77-2202(2) whose provider category is not represented on the 13
1938	1937		committee, the committee department shall seek representation by designated 14
1939	1938		representatives of the statewide provider association or associations for 15
1940	1939		that provider category for the purpose of review and advice. 16
1941	1940		(B)(2) The committee department shall: 17
1942	1941		(i)(A) Provide at least twenty -five (25) days for 18
1943	1942		the representatives of the affected healthcare providers to review and 19
1944	1943		comment on the draft rule; and 20
1945	1944		(ii)(B) Afford the representatives the opportunity 21
1946	1945		to participate in committee and subcommittee deliberations on the draft rule. 22
1947	1946		(C)(i) The committee shall not provide advice to the 23
1948	1947		department without seeking the input of the affected healthcare providers. 24
1949	1948		(ii) If the committee does not reach agreement with 25
1950	1949		a provider association on a draft rule pertaining to a healthcare pro vider 26
1951	1950		not represented on the committee, the committee shall prepare a written 27
1952	1951		report that objectively states the information and viewpoints presented but 28
1953	1952		does not advise the department concerning how to proceed on the draft rule. 29
1954	1953		(c) A rule required to b e submitted to the committee under subsection 30
1955	1954		(b) of this section that is adopted without following this section is void. 31
1956	1955		(d)(1) The committee shall issue and deliver a written advisory 32
1957	1956		statement to the department within thirty (30) calendar days after t he 33
1958	1957		department's submission of the proposed rule to the committee. 34
1959	1958		(2) If the department fails to follow the advice of the 35
1960	1959		committee with respect to a proposed rule under this section, the department, 36 As Engrossed: S3/8/23 SB356
1961	1960
1962	1961		50 03-08-2023 13:59:46 MLD125
1963	1962
1964	1963
1965	1964		before beginning the promulgation process, shall prep are a written report 1
1966	1965		setting out the advice of the committee and an explanation of the reason that 2
1967	1966		the department decided not to follow the committee's advice with regard to 3
1968	1967		the rule. 4
1969	1968		(3) The department shall make available for public review the 5
1970	1969		report required under subdivision (d)(2) of this section and the text of the 6
1971	1970		proposed rule during the public comment period. 7
1972	1971		(4) The department may begin the promulgation process for the 8
1973	1972		proposed rule if the committee does not issue and deliver a written advis ory 9
1974	1973		statement to the department within thirty (30) calendar days after the 10
1975	1974		department's submission of the proposed rule to the committee. 11
1976	1975		(e)(c) After the public comment period, the department shall retain 12
1977	1976		and make available for public review the report required under subdivision 13
1978	1977		(d)(2) of this section and the text of any final rule issued. 14
1979	1978		15
1980	1979		SECTION 69. Arkansas Code § 20 -77-2206 is repealed. 16
1981	1980		20-77-2206. Powers and duties of Healthcare Quality and Payment Policy 17
1982	1981		Advisory Committee. 18
1983	1982		The Healthcare Quality and Payment Policy Advisory Committee shall: 19
1984	1983		(1) Review and provide advice regarding draft rules submitted by 20
1985	1984		the Department of Human Services under § 20 -77-2205; 21
1986	1985		(2) Have the authority to obtain from the department all data 22
1987	1986		and analysis required to fully meet its charge under § 20 -77-2204; and 23
1988	1987		(3) Provide reports to the Legislative Council upon request. 24
1989	1988		25
1990	1989		SECTION 70. Arkansas Code § 20 -77-2207 is repealed. 26
1991	1990		20-77-2207. Confidentiality. 27
1992	1991		(a) To the extent that the data, records, reports, and documents 28
1993	1992		identify or could be used to identify an individual patient, a healthcare 29
1994	1993		provider, an institution, or a health plan, the data, records, reports, and 30
1995	1994		documents collected or compiled by or on behalf of the Healthcare Quality and 31
1996	1995		Payment Policy Advisory Committee are confidential and are not subject to 32
1997	1996		disclosure under state and federal law. 33
1998	1997		(b) Data, records, reports, and documents collected or compiled by or 34
1999	1998		on behalf of the committee are not admissible in a legal proceeding and are 35
2000	1999		exempt from discovery and disclosure to the same extent that records of and 36 As Engrossed: S3/8/23 SB356
2001	2000
2002	2001		51 03-08-2023 13:59:46 MLD125
2003	2002
2004	2003
2005	2004		testimony before committees that evaluate the quality of medical or hospital 1
2006	2005		care are exempt under § 16 -46-105(a)(1). 2
2007	2006		(c) A healthcare provider's use of the information in its internal 3
2008	2007		operations does not operate as a waiver of the confidentiality protections 4
2009	2008		under this section. 5
2010	2009		(d) The committee shall treat data, records, reports, and documents in 6
2011	2010		a manner consistent with state and federal privacy requirements, including 7
2012	2011		without limitation the privacy requirements under the Health Insurance 8
2013	2012		Portability and Accountability Act of 1996, 45 C.F.R. § 164.512(i). 9
2014	2013		10
2015	2014		SECTION 71. Arkansas Code § 21 -11-105 is repealed. 11
2016	2015		21-11-105. Suggestion Award Board. 12
2017	2016		(a)(1) There is created the Suggestion Awar d Board. 13
2018	2017		(2) The membership of the board shall consist of the Secretary 14
2019	2018		of the Department of Transformation and Shared Services, the State Personnel 15
2020	2019		Administrator, who shall serve as chair, and the cochairs of the Legislative 16
2021	2020		Council. 17
2022	2021		(b) The decisions of the board regarding suggestions, awards, and 18
2023	2022		appeals shall be final and binding to all parties concerned. 19
2024	2023		(c)(1) The board will review suggestions after the suggestor has filed 20
2025	2024		a formal appeal. 21
2026	2025		(2) If, in the opinion of the board, further evaluat ion is 22
2027	2026		needed, the board may request the agency to reevaluate the suggestion. 23
2028	2027		24
2029	2028		SECTION 72. Arkansas Code § 21 -11-106 is repealed. 25
2030	2029		21-11-106. Reports by State Personnel Administrator. 26
2031	2030		(a) The State Personnel Administrator shall prepare and annually 27
2032	2031		transmit a report detailing the operations of the Employee Suggestion System, 28
2033	2032		including an accounting of all awards granted and any other information 29
2034	2033		deemed appropriate by the director and the Governor. 30
2035	2034		(b)(1) The State Personnel Administrator shall submit monthly to the 31
2036	2035		Suggestion Award Board a list of all suggestions which have been at agencies 32
2037	2036		for evaluation for a period exceeding thirty (30) days. 33
2038	2037		(2) The list shall show the suggestion number, the agency doing 34
2039	2038		the evaluation, and the date the suggesti on was sent to the agency for 35
2040	2039		evaluation. 36 As Engrossed: S3/8/23 SB356
2041	2040
2042	2041		52 03-08-2023 13:59:46 MLD125
2043	2042
2044	2043
2045	2044		1
2046	2045		SECTION 73. Arkansas Code § 23 -115-204 is repealed. 2
2047	2046		23-115-204. Lottery Retailer Advisory Board. 3
2048	2047		(a)(1) The Director of the Office of the Arkansas Lottery shall 4
2049	2048		appoint a Lottery Retailer Advisory Board to be composed of ten (10) 5
2050	2049		retailers. 6
2051	2050		(2) In making appointments to the board, the director may 7
2052	2051		consider a broad spectrum of geographical, racial, gender, and business 8
2053	2052		characteristics of retailers. 9
2054	2053		(3) The board shall advise the Office of the Arkansas Lot tery on 10
2055	2054		retail aspects of lotteries and present the concerns of retailers throughout 11
2056	2055		the state. 12
2057	2056		(b)(1) Except as provided in subdivision (b)(2) of this section, each 13
2058	2057		member appointed to the board shall serve a term of two (2) years. 14
2059	2058		(2)(A) Five (5) of the initial appointees shall serve initial 15
2060	2059		terms of one (1) year. 16
2061	2060		(B) The initial appointees shall draw lots to determine 17
2062	2061		which five (5) members shall serve a one -year term. 18
2063	2062		(3) A member of the board shall not serve more than six (6) 19
2064	2063		terms. 20
2065	2064		(c)(1) The board shall provide by rule for its operating procedures. 21
2066	2065		(2) Members shall serve without compensation or reimbursement of 22
2067	2066		expenses. 23
2068	2067		(3) The board may report to the office and the Legislative 24
2069	2068		Council in writing at any time. 25
2070	2069		(4) The director may invite the board to make an oral 26
2071	2070		presentation to the office at any time. 27
2072	2071		(d) The following shall not be appointed as a member of the board: 28
2073	2072		(1) A member of the immediate family of the Secretary of the 29
2074	2073		Department of Finance and Administration; 30
2075	2074		(2) A member of the immediate family of the director; or 31
2076	2075		(3) A member of the immediate family of an employee of the 32
2077	2076		office. 33
2078	2077		34
2079	2078		SECTION 74. Arkansas Code § 23 -115-206(a)(8)(D)(x), concerning 35
2080	2079		internal controls and the annual audit of the Office of the Arka nsas Lottery, 36 As Engrossed: S3/8/23 SB356
2081	2080
2082	2081		53 03-08-2023 13:59:46 MLD125
2083	2082
2084	2083
2085	2084		is repealed. 1
2086	2085		(x) A report from the Lottery Retailer Advisory Board, if 2
2087	2086		a report was received during the fiscal year; 3
2088	2087		4
2089	2088		SECTION 75. Arkansas Code § 23 -115-206(b)(4), concerning internal 5
2090	2089		controls and the annual audit of the Office of the Arkansas Lottery, 6
2091	2090		is amended to read as follows: 7
2092	2091		(4) This chapter does not limit the statutory authority of 8
2093	2092		Arkansas Legislative Audit or the responsibilities of the office or related 9
2094	2093		entities, members of the Lottery Retailer Advisory Board, employees, vendors, 10
2095	2094		retailers, or any other individuals or entities to cooperate with Arkansas 11
2096	2095		Legislative Audit or provide information or records requested by Arkansas 12
2097	2096		Legislative Audit. 13
2098	2097		14
2099	2098		SECTION 76. Arkansas Code § 25 -3-104 is repealed. 15
2100	2099		25-3-104. Arkansas Natural and Cultural Heritage Advisory Committee. 16
2101	2100		(a) There is established an Arkansas Natural and Cultural Heritage 17
2102	2101		Advisory Committee whose members shall consist of: 18
2103	2102		(1) The Director of the Division of Arkansas Heritage; 19
2104	2103		(2) The Director of the Arkans as Economic Development 20
2105	2104		Commission; 21
2106	2105		(3) The Director of State Highways and Transportation; 22
2107	2106		(4) The Secretary of the Department of Health; 23
2108	2107		(5) The Secretary of the Department of Parks, Heritage, and 24
2109	2108		Tourism; 25
2110	2109		(6) The Director of the Arkansas State Game and Fish Commission; 26
2111	2110		(7) A person appointed by the Governor; 27
2112	2111		(8) A person appointed by the President Pro Tempore of the 28
2113	2112		Senate; and 29
2114	2113		(9) A person appointed by the Speaker of the House of 30
2115	2114		Representatives. 31
2116	2115		(b)(1) Except as provided in subdivision (b)(2) of this section, 32
2117	2116		persons appointed to the committee by the Governor, President Pro Tempore of 33
2118	2117		the Senate, and the Speaker of the House of Representatives shall serve terms 34
2119	2118		of three (3) years. 35
2120	2119		(2) At the first meeting of the committee after the effective 36 As Engrossed: S3/8/23 SB356
2121	2120
2122	2121		54 03-08-2023 13:59:46 MLD125
2123	2122
2124	2123
2125	2124		date of this act, members appointed to the committee by the Governor, Speaker 1
2126	2125		of the House of Representatives, or President Pro Tempore of the Senate shall 2
2127	2126		draw lots to stagger terms so that: 3
2128	2127		(A) One (1) member shall serve a term of one (1) year; 4
2129	2128		(B) One (1) member shall serve a term of two (2) years; 5
2130	2129		and 6
2131	2130		(C) One (1) member shall serve a term of three (3) years. 7
2132	2131		(c) The committee shall elect from its membership a chair and vice -8
2133	2132		chair. 9
2134	2133		(d) A vacancy on the committee in the positions appointed by the 10
2135	2134		Governor, President Pro Tempore of the Senate, and the Speaker of the House 11
2136	2135		of Representatives shall be filled by the appointing authority for the 12
2137	2136		unexpired portion of the term in which it occurs. 13
2138	2137		(e) A majority of the total m embership of the committee constitutes a 14
2139	2138		quorum. 15
2140	2139		(f) Members of the committee appointed by the Governor, President Pro 16
2141	2140		Tempore of the Senate, and Speaker of the House of Representatives may 17
2142	2141		receive expense reimbursement and stipends under § 25 -16-901 et seq. as 18
2143	2142		allowed by law. 19
2144	2143		20
2145	2144		SECTION 77. Arkansas Code § 25 -16-903(69), concerning the 21
2146	2145		authorization for a stipend for state boards and commissions, is repealed. 22
2147	2146		(69) Arkansas Natural and Cultural Heritage Advisory Committee; 23
2148	2147		24
2149	2148		SECTION 78. Arkansas Code § 25-24-102(6)(A), concerning the duties of 25
2150	2149		the Martin Luther King, Jr. Commission, is repealed. 26
2151	2150		(6)(A) To establish a Martin Luther King, Jr. Youth Commission 27
2152	2151		to educate young persons on the principles and legacy of Martin Luther King, 28
2153	2152		Jr. 29
2154	2153		(B) Members of the Martin Luther King, Jr. Youth 30
2155	2154		Commission may receive expense reimbursement in accordance with § 25 -16-901 31
2156	2155		et seq.; and 32
2157	2156		33
2158	2157		SECTION 79. Arkansas Code § 25 -33-101 is repealed. 34
2159	2158		25-33-101. State Technology Council. 35
2160	2159		(a) There is created the State T echnology Council to consist of the 36 As Engrossed: S3/8/23 SB356
2161	2160
2162	2161		55 03-08-2023 13:59:46 MLD125
2163	2162
2164	2163
2165	2164		following members: 1
2166	2165		(1) The Director of the Division of Information Systems or his 2
2167	2166		or her designee who shall act as chair of the council; 3
2168	2167		(2) The Secretary of the Department of Transformation and Shared 4
2169	2168		Services or his or her designee; 5
2170	2169		(3) Two (2) members from the private sector appointed by the 6
2171	2170		Governor with knowledge and experience in the management and implementation 7
2172	2171		of information technology; and 8
2173	2172		(4) Two (2) members from state agencies appointed by the 9
2174	2173		Governor who have knowledge and experience in the management and 10
2175	2174		implementation of information technology. 11
2176	2175		(b) The council shall be responsible for developing: 12
2177	2176		(1) The information technology standards and specifications for 13
2178	2177		state agencies; 14
2179	2178		(2) A state information technology plan that shall establish 15
2180	2179		state-level mission, goals, and objectives for the use of information 16
2181	2180		technology; and 17
2182	2181		(3) Technical standards and specifications to support the 18
2183	2182		state's shared enterprise architecture. 19
2184	2183		(c) The council may meet as deemed necessary by the chair of the 20
2185	2184		council. 21
2186	2185		(d) A quorum of the council shall consist of three (3) members. 22
2187	2186		(e) Members of the council shall serve without compensation. 23
2188	2187		(f) The chair of the council shall file a quarterly status report w ith 24
2189	2188		the Governor and the Joint Committee on Advanced Communications and 25
2190	2189		Information Technology. 26
2191	2190		27
2192	2191		SECTION 80. Arkansas Code § 25 -43-302(7), concerning the state 28
2193	2192		entities transferred to the Department of Commerce, is repealed. 29
2194	2193		(7) The Arkansas Housing Trust Fund Advisory Committee, created 30
2195	2194		under § 15-5-1706; 31
2196	2195		32
2197	2196		SECTION 81. Arkansas Code § 25 -43-802(47), concerning the state 33
2198	2197		entities transferred to the Department of Health, is repealed. 34
2199	2198		(47) The State Board of Disease Intervention Specialists, 35
2200	2199		created under § 17-98-201; 36 As Engrossed: S3/8/23 SB356
2201	2200
2202	2201		56 03-08-2023 13:59:46 MLD125
2203	2202
2204	2203
2205	2204		1
2206	2205		SECTION 82. Arkansas Code § 25 -43-902(15), concerning the state 2
2207	2206		entities transferred to the Department of Human Services, is repealed. 3
2208	2207		(15) The Youth Justice Reform Board, created under § 9 -28-1201. 4
2209	2208		5
2210	2209		SECTION 83. Arkansas Code § 25-43-1302(a)(5), concerning state 6
2211	2210		entities transferred to the Department of Parks, Heritage, and Tourism, is 7
2212	2211		repealed. 8
2213	2212		(5) The Arkansas Natural and Cultural Heritage Advisory 9
2214	2213		Committee, created under § 25 -3-104; 10
2215	2214		11
2216	2215		SECTION 84. Arkansas Code § 25 -43-1502(10), concerning the state 12
2217	2216		entities transferred to the Department of Transformation and Shared Services, 13
2218	2217		is repealed. 14
2219	2218		(10) The State Technology Council, created under § 25 -33-101. 15
2220	2219		16
2221	2220		SECTION 85. Arkansas Code § 26 -27-201(a), concerning the authority of 17
2222	2221		the Arkansas Public Service Commission, is amended to read as follows: 18
2223	2222		(a) The Arkansas Public Service Commission shall constitute the State 19
2224	2223		Equalization Board and shall equalize the assessment of property throughout 20
2225	2224		the state. 21
2226	2225		22
2227	2226		SECTION 86. Arkansas C ode § 26-27-202 is amended to read as follows: 23
2228	2227		26-27-202. Meeting. 24
2229	2228		(a) The Arkansas Public Service Commission shall meet as the State 25
2230	2229		Equalization Board on the first Monday in October of each year for the 26
2231	2230		purpose of equalizing the taxable valuation of a ll real or personal property. 27
2232	2231		(b) The board commission shall: 28
2233	2232		(1) Examine and compare the returns of the assessment of 29
2234	2233		property in the counties of this state; 30
2235	2234		(2) Summon and hear witnesses and make or cause to be made 31
2236	2235		investigation relative thereto; and 32
2237	2236		(3) Proceed to equalize the property, so that all the taxable 33
2238	2237		property throughout this state shall be assessed uniformly at its true and 34
2239	2238		full market or actual value, or at such percentage as has been duly certified 35
2240	2239		by the commission. 36 As Engrossed: S3/8/23 SB356
2241	2240
2242	2241		57 03-08-2023 13:59:46 MLD125
2243	2242
2244	2243
2245	2244		1
2246	2245		SECTION 87. The introductory language of Arkansas Code § 26 -27-203 is 2
2247	2246		amended to read as follows: 3
2248	2247		In the performance of its duties, the members of the State Equalization 4
2249	2248		Board Arkansas Public Service Commission shall be governed by the following 5
2250	2249		rules: 6
2251	2250		7
2252	2251		SECTION 88. Arkansas Code § 26 -27-204 is amended to read as follows: 8
2253	2252		26-27-204. Order of adjustment. 9
2254	2253		(a) A record of the proceedings of the State Equalization Board 10
2255	2254		Arkansas Public Service Commission shall be kept by the secretary thereof. 11
2256	2255		(b)(1) A certified copy of the record or such part thereof as affects 12
2257	2256		his or her county shall, on or before the third Monday in November, be 13
2258	2257		furnished the county clerk of each county in which property, the assessed 14
2259	2258		valuation of which has been ordered by the board commission increased or 15
2260	2259		reduced, is situated. 16
2261	2260		(2) In carrying out the order of the board commission, the 17
2262	2261		county clerk shall add to or deduct from the valuation of any property, as 18
2263	2262		adjusted by the local assessment and equalization officials, such percentage 19
2264	2263		or amount as the board commission might so order and shall enter the adjusted 20
2265	2264		or equalized valuation in the proper record and extend taxes thereon. 21
2266	2265		22
2267	2266		SECTION 89. Arkansas Code § 26 -27-320(b), concerning the assessed 23
2268	2267		values entered on record, is amended to read as follows: 24
2269	2268		(b) In making the tax books of the county, unless further adjustments 25
2270	2269		are ordered by the county court or the State Equalization Board Arkansas 26
2271	2270		Public Service Commission , the county clerk shall extend the taxes on the 27
2272	2271		adjusted or equalized values. 28
2273	2272		29
2274	2273		SECTION 90. Arkansas Code § 26 -27-321(a), concerning abstract of tax 30
2275	2274		books to be filed, is amended to read as follows: 31
2276	2275		(a) The county clerk of each county shall, on or before the second 32
2277	2276		Monday in November of each year, unless otherwise orde red and directed by the 33
2278	2277		State Equalization Board Arkansas Public Service Commission , file with the 34
2279	2278		State Equalization Board commission, on such forms as it may prescribe, a 35
2280	2279		“final abstract of the tax books”. 36 As Engrossed: S3/8/23 SB356
2281	2280
2282	2281		58 03-08-2023 13:59:46 MLD125
2283	2282
2284	2283
2285	2284		1
2286	2285		SECTION 91. Arkansas Code § 26 -28-303 is amended to read as follows: 2
2287	2286		26-28-303. Duty of county assessor. 3
2288	2287		Under the system provided for in this subchapter: 4
2289	2288		(1) It is the duty of the county assessor of each county to 5
2290	2289		enter upon the assessment record of the county the adjusted or equalized 6
2291	2290		assessed value of any and all property as found and fixed by the county 7
2292	2291		equalization board; 8
2293	2292		(2) In making the tax books of the county, unless further 9
2294	2293		adjustments are ordered by the county court or the State Equalization Board 10
2295	2294		Arkansas Public Service Commiss ion, the preparer of the tax books shall 11
2296	2295		extend the taxes on the adjusted or equalized values; 12
2297	2296		(3) The county assessor shall deliver the assessment abstract to 13
2298	2297		the State Equalization Board commission by August 1 of each year; 14
2299	2298		(4)(A) The county assess or shall make any changes to the 15
2300	2299		abstract after the State Equalization Board commission finalizes its action. 16
2301	2300		(B) All changes in assessments, after the county assessor 17
2302	2301		prepares the final abstract of the tax books, shall be made as specified in § 18
2303	2302		26-28-305(1) and documented by means of a prenumbered two -part change form 19
2304	2303		with the reason for the change noted; and 20
2305	2304		(5)(A) The county assessor of each county shall, on or before 21
2306	2305		the third Monday in January of each year, unless otherwise ordered and 22
2307	2306		directed by the State Equalization Board commission, file with the State 23
2308	2307		Equalization Board commission, on such forms as it may prescribe, a final 24
2309	2308		abstract of the tax books. 25
2310	2309		(B) The final abstract of the tax books shall show, by 26
2311	2310		total of items and value, the total assessment of the county after all 27
2312	2311		adjustments. 28
2313	2312		29
2314	2313		SECTION 92. EMERGENCY CLAUSE. It is found and determined by the 30
2315	2314		General Assembly of the State of Arkansas that it is important to the 31
2316	2315		citizens of Arkansas that state government services be provided in an 32
2317	2316		efficient and cost-effective manner; that the abolishment of state entities 33
2318	2317		that are no longer active is an effective way to achieve both operational 34
2319	2318		efficiencies and economies of scale; and that this act is necessary to obtain 35
2320	2319		cost efficiencies and streamline the provision of government services without 36 As Engrossed: S3/8/23 SB356
2321	2320
2322	2321		59 03-08-2023 13:59:46 MLD125
2323	2322
2324	2323
2325	2324		delay for the benefit of Arkansas taxpayers to allow services that preserve 1
2326	2325		the health, safety, and property of Arkansas citizens ; and that this act 2
2327	2326		abolishing the entities contained in this act shoul d become effective on July 3
2328	2327		1, 2023, to coincide with the appropriation bills of all the state 4
2329	2328		departments. Therefore, an emergency is declared to exist, and this act 5
2330	2329		being necessary for the preservation of the public peace, health, and safety 6
2331	2330		shall become effective on July 1, 2023. 7
2332	2331		8
2333	2332		/s/J. English 9
2334	2333		10
2335	2334		11
2336		-	~~APPROVED: 3/21/23~~ 12
	2335	+	12
2337	2336		13
2338	2337		14
2339	2338		15
2340	2339		16
2341	2340		17
2342	2341		18
2343	2342		19
2344	2343		20
2345	2344		21
2346	2345		22
2347	2346		23
2348	2347		24
2349	2348		25
2350	2349		26
2351	2350		27
2352	2351		28
2353	2352		29
2354	2353		30
2355	2354		31
2356	2355		32
2357	2356		33
2358	2357		34
2359	2358		35
2360	2359		36