Stricken language would be deleted from and underlined language would be added to present law.
Act 365 of the Regular Session
*MLD125* 03-08-2023 13:59:46 MLD125
State of Arkansas As Engrossed: S3/8/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 356 3
4
By: Senators J. English, K. Hammer 5
By: Representatives Cavenaugh, Vaught 6
7
For An Act To Be Entitled 8
AN ACT TO ABOLISH IN ACTIVE STATE ENTITIE S; TO AMEND 9
THE LAW CONCERNING T HE REPORTING OF BOAR DS AND 10
COMMISSIONS; TO DECL ARE AN EMERGENCY; AN D FOR OTHER 11
PURPOSES. 12
13
14
Subtitle 15
TO ABOLISH INACTIVE STATE ENTITIES; TO 16
AMEND THE LAW CONCERNING THE REPORTING OF 17
BOARDS AND COMMISSIONS; AND TO DECLARE AN 18
EMERGENCY. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. DO NOT CODIFY. Abolition of state entities, boards and 24
commissions – Legislative findings. 25
(a) The General Assembly finds that the following state entities are 26
no longer active and are abolished: 27
(1) Arkansas Commission on Eye and Vision Care of School -Age 28
Children, created under § 6 -18-1802; 29
(2) Board of Advisors to Arkansas State University -Searcy, 30
created under § 6-56-103; 31
(3) Youth Justice Reform Board, created under § 9 -28-1201; 32
(4) Arkansas Statewide Energy Consortium, created under § 6 -61-33
1501; 34
(5) Electrical Energy Advancement Program Fund Board, created 35
under § 6-61-1502; 36 As Engrossed: S3/8/23 SB356
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(6) Academic Facilities Oversight Committee, created § 10 -3-1
2201; 2
(7) Records Retention Committee, created under § 13 -4-203; 3
(8) Arkansas Delta Music Commission, created under § 13 -15-201; 4
(9) The Arkansas Housing Trust Fund Advisory Committee, created 5
under § 15-5-1706; 6
(10) Nongame Preservation Committee, created under § 15 -45-302; 7
(11) Medication Assistive Person Advisory Committee, created 8
under § 17-87-710; 9
(12) State Board of Disease Intervention Specialists, created 10
under § 17-98-201; 11
(13) Electrical Energy Advancement Program Fund, created under § 12
19-5-1248; 13
(14) Palliative Care and Quality of Life Interdisciplinary Task 14
Force, created under § 20 -8-702; 15
(15) Executive Board of the Governor's Commission on People with 16
Disabilities, created under § 20 -14-207; 17
(16) Arkansas Suicide Prevention Council, created under § 20 -45-18
302; 19
(17) Children's Behavioral Health Care Commission, created under 20
§ 20-47-704; 21
(18) Healthcare Quality and Payment Policy Advisory Committee, 22
created under § 20-77-2203; 23
(19) Suggestion Award Board, created under § 21 -11-105; 24
(20) Lottery Retailer Advisory Board, created under § 23 -115-25
204; 26
(21) Arkansas Natural and Cultural He ritage Advisory Committee, 27
created under § 25-3-104; and 28
(22) State Technology Council, created under § 25 -33-101. 29
(b) Any funds, personal property, or real property of an entity under 30
subsection (a) of this section shall be transferred to the Department of 31
Finance and Administration. 32
(c) The terms of all members appointed to an entity under subsection 33
(a) of this section shall end on the effective date of this act. 34
35
SECTION 2. Arkansas Code § 6 -18-1501(b), concerning vision screenings, 36 As Engrossed: S3/8/23 SB356
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is amended to read as follows: 1
(b) The Division of Elementary and Secondary Education , in conjunction 2
with the Arkansas Commission on Eye and Vision Care of School -Age Children, 3
may coordinate with the Arkansas Optometric Association, Inc., and shall 4
adopt rules to establish the tests, procedures, equipment, and instruments 5
that shall be used to perform eye and vision screenings. 6
7
SECTION 3. Arkansas Code § 6 -18-1503(a), concerning standardized forms 8
for eye and vision screening reports, is am ended to read as follows: 9
(a)(1) Standardized forms for eye and vision screening reports shall 10
be developed by the Division of Elementary and Secondary Education in 11
conjunction with the Arkansas Commission on Eye and Vision Care of School -Age 12
Children and adopted by the division in rules promulgated under the Arkansas 13
Administrative Procedure Act, § 25 -15-201 et seq. 14
(2) The division may coordinate with the Arkansas Optometric 15
Association, Inc., to develop the reports under subdivision (a)(1) of this 16
section. 17
18
SECTION 4. Arkansas Code § 6 -18-1504 is amended to read as follows: 19
6-18-1504. Training. 20
The Division of Elementary and Secondary Education may coordinate with 21
the Arkansas Optometric Association, Inc., and , in conjunction with the 22
Arkansas Commission on Eye and Vision Care of School -Age Children, shall 23
adopt rules that establish standards for training school nurses to perform 24
eye and vision screenings. 25
26
SECTION 5. Arkansas Code § 6 -18-1802 is repealed. 27
6-18-1802. Arkansas Commission on Eye and Vision Care of School -Age 28
Children. 29
(a)(1) There is established the Arkansas Commission on Eye and Vision 30
Care of School-Age Children to be composed of seventeen (17) members. 31
(2) The following members shall be appointed by the Gov ernor: 32
(A) Four (4) optometrists; 33
(B) Two (2) ophthalmologists; 34
(C) One (1) pediatrician; 35
(D) One (1) school nurse who is currently working in a 36 As Engrossed: S3/8/23 SB356
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public elementary school in this state; 1
(E) One (1) person currently working as a principal in a 2
public elementary school in this state; and 3
(F) One (1) person currently working as a classroom 4
teacher in a public elementary school in this state. 5
(3) The following members shall be appointed by the Speaker of the 6
House of Representatives: 7
(A) One (1) family practice physician; and 8
(B) One (1) principal of a public elementary school. 9
(4) The following members shall be appointed by the President Pro 10
Tempore of the Senate: 11
(A) One (1) family practice physician; and 12
(B) One (1) teacher in a public elementary school. 13
(5) The Chair of the House Committee on Public Health, Welfare, and 14
Labor shall appoint one (1) member who has a child in a public school in this 15
state. 16
(6) The Chair of the Senate Committee on Public Health, Welfare, and 17
Labor shall appoint one (1) member who has a child in a public school in this 18
state. 19
(7) The optometrist serving on the State Board of Health shall also be 20
a member of the board and shall serve as a liaison to the Department of 21
Health. 22
(b)(1) The Governor shall designate one (1) of the optometrist 23
appointees to serve as chair of the commission. 24
(2) The members of the commission shall select from their 25
membership a vice chair, a secretary, and a treasurer. 26
(c) The first meeting shall be held w ithin thirty (30) days of the 27
appointment of the members by the Governor, and shall be called by the chair. 28
(d)(1) A majority of the membership of the commission shall constitute 29
a quorum. 30
(2) A majority vote of those members present shall be required 31
for any action of the commission. 32
(e) Vacancies shall be filled for the unexpired portion of the term in 33
the same manner as is provided in this section for initial appointments. 34
(f) To the extent that moneys are made available for that purpose, the 35
members of the commission may receive expense reimbursement in accordance 36 As Engrossed: S3/8/23 SB356
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with § 25-16-902. 1
2
SECTION 6. Arkansas Code § 6 -18-1803 is repealed. 3
6-18-1803. Duties. 4
(a) The Arkansas Commission on Eye and Vision Care of School -Age 5
Children shall: 6
(1) Study the eye and vision needs of the school -age children of 7
Arkansas; 8
(2) Study and evaluate vision screening programs in the schools, 9
and their effectiveness; 10
(3) Study and evaluate whether children are receiving adequate 11
eye and vision care, and corr ection of vision problems; 12
(4) Study the effects of inadequate vision on the performance of 13
children in the classroom; and 14
(5) Continue to develop a strategic statewide plan to ensure 15
adequate eye and vision care of school -age children. 16
(b) The commission and the Division of Elementary and Secondary 17
Education shall report their findings and updates to the Governor, the 18
Legislative Council, and the House Committee on Public Health, Welfare, and 19
Labor and the Senate Committee on Public Health, Welfare , and Labor annually. 20
(c)(1) The commission may accept any and all donations, grants of 21
money, gifts, appropriations, instruments, equipment, supplies, materials, 22
and services, conditional or otherwise, from private sources, from municipal 23
and county governments, from the state, and from the United States 24
Government. 25
(2) The commission may use any of its resources to further the 26
commission's purposes and functions. 27
(3) All moneys collected under this section shall be deposited 28
into a cash fund withi n the State Treasury to be maintained by the division. 29
(d) The commission shall develop criteria for the distribution of 30
commission resources to individuals and school districts in need of financial 31
or other assistance necessary to satisfy the requiremen ts of §§ 6-18-1501 — 32
6-18-1506. 33
(e)(1) In conjunction with the division, the commission shall develop 34
criteria for passage or failure of a vision screening and criteria for 35
referral for a comprehensive eye examination. 36 As Engrossed: S3/8/23 SB356
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(2) The division shall adopt the criteria as rules promulgated 1
under the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 2
(f) In conjunction with the division, the commission shall develop 3
standardized forms to be used with regard to conducting and reporting the 4
results of eye and vision screenings. 5
(g) The commission and the division shall evaluate and approve the 6
vision screening instruments, equipment, and other testing items that are 7
used to conduct the eye and vision screenings. 8
(h) The commission shall conduct a pilo t study to evaluate the pre - 9
and post-performance test scores of school children who have been screened 10
and referred for vision problems. The study shall encompass rural, urban, and 11
Empowerment-Zone school systems. 12
13
SECTION 7. Arkansas Code § 6 -21-112(f)(1), concerning the Division of 14
Public School Academic Facilities and Transportation, is repealed. 15
(1) Provide information or assistance to the Academic Facilities 16
Oversight Committee as requested; 17
18
SECTION 8. Arkansas Code § 6 -21-112(f)(2), concernin g the Division of 19
Public School Academic Facilities and Transportation, is amended to read as 20
follows: 21
(2) Use recommendations or assessments of the Academic 22
Facilities Oversight Committee or the General Assembly as a basis for 23
establishing the policies and procedures of the Division of Public School 24
Academic Facilities and Transportation; 25
26
SECTION 9. Arkansas Code § 6 -21-112(f)(15)(A), concerning the 27
Division of Public School Academic Facilities and Transportation, is amended 28
to read as follows: 29
(15)(A) Report by October 1 of each year to the Governor, the 30
House Committee on Education, and the Senate Committee on Education , and the 31
Academic Facilities Oversight Committee on the status of implementation of 32
the Arkansas Public School Academic Facilit ies Program Act, § 6 -21-801 et 33
seq. 34
35
SECTION 10. Arkansas Code § 6 -21-112(f)(16), concerning the Division 36 As Engrossed: S3/8/23 SB356
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of Public School Academic Facilities and Transportation, is amended to read 1
as follows: 2
(16) Report by October 1 of each even -numbered year to the 3
Governor, the House Committee on Education, and the Senate Committee on 4
Education, and the Academic Facilities Oversight Committee on the state 5
academic facilities master plan; 6
7
SECTION 11. Arkansas Code § 6 -21-114(1), concerning the creation of 8
the Commission for Arkansas Public School Academic Facilities and 9
Transportation, is amended to read as follows: 10
(f) The commission shall report annually on its activities to the 11
President Pro Tempore of the Senate, the Speaker of the House of 12
Representatives, the Governor, the House Committee on Education, the Senate 13
Committee on Education, and the State Board of Education , and the Academic 14
Facilities Oversight Committee . 15
16
SECTION 12. Arkansas Code § 6 -21-811(l), concerning the Academic 17
Facilities Distress Program, is amended to read as follows: 18
(l) The commission in conjunction with the Academic Facilities 19
Oversight Committee shall: 20
(1) Reexamine the role and function of the State Facility 21
Assessment of 2004; 22
(2) Assess the progress made by the sta te in the mandates of the 23
Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 24
91 S.W.3d 472 (2002); and 25
(3) Make needed changes in the implementation of the academic 26
facilities program by modifying the commission's rules. 27
28
SECTION 13. Arkansas Code § 6 -56-103 is repealed. 29
6-56-103. Board of advisors. 30
(a) The Foothills Technical Institute Board of Directors shall become 31
the Board of Advisors to Arkansas State University -Searcy, a technical campus 32
of Arkansas State University-Beebe. The directors on June 30, 2003, shall 33
continue their terms as members of the advisory board. 34
(b)(1) The Arkansas State University -Searcy local board of advisors 35
will be appointed or reappointed by the President of the Arkansas State 36 As Engrossed: S3/8/23 SB356
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University system upon recommendations presented by the Chancellor for 1
Arkansas State University -Beebe and the Vice Chancellor of Arkansas State 2
University-Searcy. 3
(2) Appointment shall be for a term of five (5) years and for no 4
more than two (2) consecuti ve terms. 5
6
SECTION 14. Arkansas Code Title 6, Chapter 61, Subchapter 15, is 7
repealed. 8
6-61-1501. Arkansas Statewide Energy Consortium. 9
(a) There is created the Arkansas Statewide Energy Consortium 10
consisting of the: 11
(1) University of Arkansas, Faye tteville; 12
(2) University of Arkansas, Little Rock; and 13
(3) Arkansas State University, Jonesboro. 14
(b)(1) The consortium shall be headquartered at the University of 15
Arkansas, Fayetteville, National Center for Reliable Electric Power 16
Transmission. 17
(2) The University of Arkansas, Fayetteville, shall administer 18
the Electrical Energy Advancement Program Fund. 19
20
6-61-1502. Electrical Energy Advancement Program Fund Board. 21
(a) The Electrical Energy Advancement Program Fund Board is created to 22
make recommendations to the Arkansas Statewide Energy Consortium regarding 23
the allocation of funds for the programs approved under this subchapter. 24
(b) The board is composed of fifteen (15) members as follows: 25
(1)(A) The Executive Director of the National Cen ter for 26
Reliable Electric Power Transmission or the executive director's designee, 27
who shall serve as chair of the board and represent the University of 28
Arkansas at Fayetteville. 29
(B) The chair shall be a regular voting member with one 30
(1) vote; 31
(2) Seven (7) of the members from the private electrical energy 32
sector; 33
(3) Three (3) of the members from the United States Department 34
of Energy national laboratories; 35
(4) One (1) member who is designated by Arkansas State 36 As Engrossed: S3/8/23 SB356
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University; 1
(5) One (1) member who is designated by the University of 2
Arkansas at Little Rock; 3
(6) The Director of the Arkansas Economic Development Commission 4
or his or her designee; and 5
(7) One (1) member who is designated by the Arkansas Public 6
Service Commission. 7
(c)(1) Each private electrical energy sector member of the board 8
shall: 9
(A)(i) Be from an organization that is: 10
(a) Involved in the generation, transmission, 11
or distribution of electricity; or 12
(b) Engaged in the design or manufacturing of 13
electrical equipment for the generation, transmission, distribution, or power 14
conversion of electricity including electrified transportation. 15
(ii) An individual under this subdivision (c)(1)(A) 16
shall have experience managing an organization that meets the description of 17
this subdivision (c)(1)(A); and 18
(B) Have obtained at least an undergraduate degree from a 19
four-year institution of higher education in science or engineering. 20
(2) Each national laboratory member of the board shall: 21
(A) Be from a national laboratory group directly involved 22
in the research and development of advanced technologies for the electric 23
power grid; and 24
(B) Have obtained at least an undergraduate degree from a 25
four-year institution of higher education in science or engineering. 26
(d)(1) The chair shall seek nominations for the initial list of 27
private electrical energy sector and national laboratory board members from: 28
(A) Each member of the board who is not from the private 29
electrical energy sector or a national laboratory; and 30
(B) The Governor. 31
(2) From the recommendations, the chair will nominate the 32
initial private electrical energy sector and national laboratory board 33
members to the balance of the board for consideration and appointment to the 34
board. 35
(e)(1) Except for the initial terms identified under this subsection, 36 As Engrossed: S3/8/23 SB356
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each private electrical energy sector and national laboratory board member 1
shall serve a four-year term, with a maximum of two (2) consecutive four -year 2
terms. 3
(2) The initial terms of the private electrical energy sector 4
board members shall be as follows: 5
(A) One (1) member shall serve a one -year term; 6
(B) Two (2) members shall serve a two -year term; 7
(C) Two (2) members shall serve a three -year term; and 8
(D) Two (2) members shall serve a four -year term. 9
(3) The initial terms of the national laboratory board members 10
shall be as follows: 11
(A) One (1) member shall serve a two -year term; 12
(B) One (1) member shall serve a three -year term; and 13
(C) One (1) member shall serve a four-year term. 14
(4) The chair shall determine the terms of the initial private 15
and national laboratory members of the board. 16
(5) Each member may be reappointed from time to time thereafter 17
to serve no more than a maximum of eight (8) c onsecutive years including his 18
or her initial term. 19
(f) Successors to the initial private electrical energy sector and 20
national laboratory board members shall be nominated by the chair upon 21
recommendation by the board. 22
(g) Members of the board who are not private electrical energy sector 23
or national laboratory board members shall serve at the pleasure of the 24
entities where they are employed. 25
(h)(1) The chair shall call the first meeting of the board not less 26
than three (3) months after funding is rece ived in the Electrical Energy 27
Advancement Program Fund. 28
(2) Subsequent meetings shall be held on the call of the chair 29
and shall convene at the National Center for Reliable Electric Power 30
Transmission. 31
(i) A quorum shall consist of not less than a maj ority of the voting 32
membership of the board, and the affirmative vote of that number is necessary 33
for the disposition of the board's business. 34
(j)(1) Members of the board shall receive no pay for services with 35
respect to attendance at each regular or spe cial meeting of the board. 36 As Engrossed: S3/8/23 SB356
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(2)(A) However, if funds are appropriated for the purpose and 1
subject to board approval, members are entitled to reimbursement under § 25 -2
16-902 for each day the board is in session. 3
(B) Reimbursement is in an amount equal to the maximum 4
daily allowance for meals and lodging paid as provided by law to a state 5
employee for in-state travel plus mileage at the rate per mile provided by 6
law for the reimbursement of mileage expense for state employees for travel 7
from their homes to the place of the meeting and their return. 8
(k) The National Center for Reliable Electric Power Transmission shall 9
provide staff for the board. 10
11
6-61-1503. Duties. 12
(a)(1) The Electrical Energy Advancement Program Fund Board shall make 13
recommendations to the Arkansas Statewide Energy Consortium concerning the 14
funding, funding ratios, and maximum amounts to be made available among the 15
proposals and programs for: 16
(A) Competitive undergraduate scholarships for Arkansas 17
residents in the field of electrical and electronic engineering at the member 18
universities of the consortium, to be given in accordance with institutional 19
guidelines; and 20
(B) Competitive graduate fellowships for master's and 21
doctoral students in electrical and electronic engine ering at member 22
universities of the consortium, to be given in accordance with institutional 23
guidelines with preference given to Arkansas residents. 24
(2) One-time project costs may include without limitation the 25
cost of: 26
(A) Facilitating the hiring o f new tenure-track faculty at 27
each of the consortium member institutions to increase the capacity and 28
expertise of each university to: 29
(i) Perform research; and 30
(ii) Successfully return that research to the 31
classroom for the benefit of the entire consortium; 32
(B) Expediting economic development through research by 33
providing startup funds for successful applicants; 34
(C) Continuing education programs to serve practicing 35
engineers in the energy sector whose professional licensure or registratio n 36 As Engrossed: S3/8/23 SB356
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requires at least fifteen (15) hours of continuing education annually; and 1
(D) Collaborative research projects between and among the 2
consortium member institutions. 3
(b) The board may base its recommendations for use of the funds on a 4
proposal's: 5
(1) Technical merit; 6
(2) Potential impact on the state's economic growth; and 7
(3) Potential for strengthening the state's electrical energy 8
education programs. 9
(c)(1) Annually by June 30, the board shall: 10
(A) Report its actions to the Governor ; and 11
(B) Provide a copy of the report to the agencies included 12
in the report's recommendations. 13
(2) The board may provide the report required under this 14
subsection by electronic means or by a printed copy. 15
(d) The board shall promulgate rules to implement this section. 16
17
SECTION 15. Arkansas Code § 9 -28-203(b)(4)(D), concerning the powers 18
and duties of the Division of Youth Services, is repealed. 19
(D) The Division of Youth Services shall collect data 20
regarding the effectiveness of these servic es and report semiannually to the 21
Youth Justice Reform Board; 22
23
SECTION 16. Arkansas Code § 9 -28-1201 is repealed. 24
9-28-1201. Youth Justice Reform Board — Creation — Membership. 25
(a) To ensure statewide accountability for the delivery of youth 26
services consistent with this subchapter, the Division of Youth Services 27
shall create the Youth Justice Reform Board no later than sixty (60) days 28
following July 22, 2015. 29
(b)(1) Except for a member who is appointed from the General Assembly, 30
the members of the Y outh Justice Reform Board shall be selected by the 31
Director of the Division of Youth Services for a single four -year term, with 32
appointments being approved by the Governor. 33
(2)(A) Each member of the Youth Justice Reform Board who is a 34
member of the Senate shall be appointed by and shall serve at the pleasure of 35
the President Pro Tempore of the Senate. 36 As Engrossed: S3/8/23 SB356
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(B) Each member of the Youth Justice Reform Board who is a 1
member of the House of Representatives shall be appointed by and shall serve 2
at the pleasure of the Speaker of the House of Representatives. 3
(3) The Youth Justice Reform Board shall be composed of the 4
following members who have demonstrated a commitment to improving youth 5
services, with individuals selected from key stakeholder groups, includi ng 6
without limitation: 7
(A) Juvenile justice system -involved families; 8
(B) Youths who have received or are receiving services 9
delivered by the Division of Youth Services; 10
(C) Representatives from the Division of Elementary and 11
Secondary Education, the Division of Workforce Services, the Division of 12
Children and Family Services, and the Division of Aging, Adult, and 13
Behavioral Health Services; 14
(D) Youth services providers; 15
(E) Circuit court judges who routinely preside over 16
juvenile cases; 17
(F) The Administrative Office of the Courts; 18
(G) Prosecuting attorneys or deputy prosecuting attorneys 19
who are routinely involved in juvenile delinquency cases; 20
(H) Public defenders or deputy public defenders who are 21
routinely involved in juve nile delinquency cases; 22
(I) Advocacy groups, including the designated state 23
protection and advocacy group for individuals with disabilities, and other 24
research and advocacy groups with established leadership for children and 25
families in Arkansas; 26
(J) The juvenile ombudsman of the Juvenile Ombudsman 27
Division of the Arkansas Public Defender Commission; 28
(K) Members of the Arkansas Coalition for Juvenile Justice 29
Board [abolished]; 30
(L) Members of the Juvenile Justice Reform Subcommittee of 31
the Arkansas Supreme Court Commission on Children, Youth and Families; 32
(M) Experts in adolescent development; 33
(N) Two (2) members of the Senate; 34
(O) Two (2) members of the House of Representatives; and 35
(P) Juvenile court staff or program represen tatives. 36 As Engrossed: S3/8/23 SB356
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(c) The Governor shall appoint the Chair of the Youth Justice Reform 1
Board. 2
(d) The Youth Justice Reform Board shall meet at least quarterly. 3
(e) The Division of Youth Services shall provide administrative 4
support necessary for the Youth Jus tice Reform Board to perform its duties. 5
(f) The Youth Justice Reform Board shall cease operation by June 30, 6
2021. 7
8
SECTION 17. Arkansas Code § 9 -28-1202 is repealed. 9
9-28-1202. Powers and duties — Definitions. 10
(a) As used in this section and § 9-28-1203: 11
(1) “Proven effective community -based alternatives” means 12
interventions, supports, programs, and practices that are recognized as best 13
practices based on rigorous evaluation and research, or are based on a clear 14
and well-articulated theory or conceptual framework for delinquency 15
prevention. These include, without limitation, community -based services that 16
are currently provided or have been provided and have been demonstrated to be 17
effective in reducing the number of secure out -of-home placements and 18
institutional placement of youthful offenders; and 19
(2) “Secure out-of-home placement” means placement in a public 20
or private residential facility that includes construction fixtures designed 21
to physically restrict the movements and activities of individuals held in 22
lawful custody and used for the placement and disposition of a juvenile 23
adjudicated to be delinquent. 24
(b) The Youth Justice Reform Board shall: 25
(1) Assist the Division of Youth Services in determining the 26
method for calculating sav ings realized from reduced state commitments and in 27
educating the public about the plan developed to reduce reliance on secure 28
out-of-home placements; and 29
(2) Make annual reports to the division, the Governor, and the 30
General Assembly regarding system r eform and improvements needed to implement 31
the goals and purposes of this subchapter. 32
(c) To provide needed expertise, the board may seek outside technical 33
assistance to aid its work. 34
35
SECTION 18. Arkansas Code § 10 -3-902(2), concerning the duties of t he 36 As Engrossed: S3/8/23 SB356
15 03-08-2023 13:59:46 MLD125
Joint Performance Review Committee, is amended to read as follows: 1
(2) Conduct investigations into such specific problem areas of 2
the administration of state government as may be brought to the attention of 3
or as determined by the Joint Performance R eview Committee or the cochairs of 4
the Joint Performance Review Committee ; 5
6
SECTION 19. Arkansas Code § 10 -3-902, concerning the duties of the 7
Joint Performance Review Committee, is amended to add an additional 8
subdivision to read as follows: 9
(8) Evaluate the purpose, need, and effectiveness of a state 10
board or commission as defined in and under the process established under § 11
25-1-106. 12
13
SECTION 20. Arkansas Code § 25 -1-106(a), concerning the evaluation of 14
necessity of various commissions and boa rds, is amended to read as follows: 15
(a) For purposes of this section ,: 16
(1) “constitutional Constitutional board or commission” means 17
the Arkansas State Game and Fish Commission, the State Highway Commission, 18
and all boards or commissions charged with the management or control of all 19
charitable, penal or correctional institutions, or institutions of higher 20
learning under Arkansas Constitution, Amendment 33 ; and 21
(2) “State board or commission” means every state board, 22
commission, committee, council, t ask force, and similar entity created by the 23
General Assembly except: 24
(A) A constitutional board or commission; and 25
(B) An entity of the General Assembly . 26
27
SECTION 21. Arkansas Code Title 10, Chapter 3, Subchapter 22, is 28
repealed. 29
10-3-2201. Academic Facilities Oversight Committee. 30
(a) There is created a legislative committee to be known as the 31
Academic Facilities Oversight Committee. 32
(b) The Academic Facilities Oversight Committee shall consist of 33
fifteen (15) members as follows: 34
(1)(A) Seven (7) members of the Senate as follows: 35
(i) One (1) member who is the Chair of the Senate 36 As Engrossed: S3/8/23 SB356
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Committee on Education or his or her designee; 1
(ii) Two (2) members of the Senate Committee on 2
Education appointed by the Chair of the Senate Committee on Education; and 3
(iii) Four (4) members of the Senate appointed by 4
the President Pro Tempore of the Senate. 5
(B) In the event that the Chair of the Senate Committee on 6
Education and the President Pro Tempore of the Senate are the same person, 7
the Vice Chair of the Senate Committee on Education shall make the 8
appointments under subdivision (b)(1)(A)(ii) of this section; 9
(2)(A) Seven (7) members of the House of Representatives as 10
follows: 11
(i) One (1) member who is the Chair of the House 12
Committee on Education or his or her designee; 13
(ii) Two (2) members of the House Committee on 14
Education to be appointed by the Chair of the House Committee on Education; 15
and 16
(iii) Four (4) members of the House to be appointed 17
by the Speaker of the Hou se of Representatives. 18
(B) In the event that the Chair of the House Committee on 19
Education and the Speaker of the House of Representatives are the same 20
person, the Vice Chair of the House Committee on Education shall make the 21
appointments under subdivi sion (b)(2)(A)(ii) of this section; and 22
(3) The Director of the Division of Public School Academic 23
Facilities and Transportation who shall serve as a nonvoting ex officio 24
member. 25
(c) The Chair of the Senate Committee on Education or the chair's 26
designee and the Chair of the House Committee on Education or the chair's 27
designee shall serve as cochairs of the committee. 28
(d) If a vacancy occurs in an appointed position for any reason, the 29
vacancy shall be filled in the same manner as the original appoint ment. 30
(e)(1) The Academic Facilities Oversight Committee shall meet upon the 31
call of either or both of the cochairs of the Academic Facilities Oversight 32
Committee. 33
(2) Eight (8) members of the Academic Facilities Oversight 34
Committee shall constitute a quorum for the purpose of transacting business. 35
(3) A quorum is required for any action of the Academic 36 As Engrossed: S3/8/23 SB356
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Facilities Oversight Committee. 1
2
10-3-2202. Powers and duties. 3
(a) The Academic Facilities Oversight Committee shall: 4
(1) Oversee development and implementation of state statutory 5
requirements with regard to providing constitutionally appropriate public 6
school academic facilities and related equipment for all public schools in 7
the State of Arkansas as necessary to provide an equal opportunity fo r an 8
adequate education for all public school students in Arkansas; 9
(2) [Repealed.] 10
(3) Review and recommend policies and criteria for the repair, 11
maintenance, renovation, remodeling, replacement, and construction of public 12
school academic facilities ; 13
(4) Oversee local and state expenditures related to providing 14
constitutionally appropriate public school academic facilities and related 15
equipment; 16
(5) Review the effectiveness of methods used to fund the cost of 17
constitutionally appropriate public school academic facilities and equipment; 18
(6) Review the ongoing assessment, evaluation, and inspection of 19
public school academic facilities to provide that constitutionally 20
appropriate public school academic facilities are, and will continue to be, 21
provided for public school students in Arkansas; and 22
(7) Use the opinions of the Supreme Court in the matter of Lake 23
View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002) 24
and other legal precedent relevant to public school academic facilities. 25
(b)(1)(A) The Academic Facilities Oversight Committee shall report its 26
findings and recommendations to the President Pro Tempore of the Senate, the 27
Speaker of the House of Representatives, the Governor, the House Committee on 28
Education, and the Senate Committee on Education no later than October 1 29
before each regular session of the General Assembly. 30
(B) Upon motion of the Academic Facilities Oversight 31
Committee and approval by a quorum of the committee, the October 1 report 32
deadline may be extended for a period to be determined by the Academic 33
Facilities Oversight Committee. 34
(2) The report shall include for each recommendation, proposed 35
implementation schedules with timelines, specific steps, agencies and persons 36 As Engrossed: S3/8/23 SB356
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responsible, and resources needed. 1
(3) When feasible, the Academic Facilities Oversight Committee 2
shall propose plans, measures, and initiatives as recommendations for 3
legislation or rules. 4
5
10-3-2203. Committee assistance. 6
(a) The Division of Elementary and Secondar y Education, the Division 7
of Career and Technical Education, the Division of Higher Education, the 8
Division of Public School Academic Facilities and Transportation, and the 9
Division of Public School Accountability shall provide the Academic 10
Facilities Oversight Committee with assistance as requested by the Academic 11
Facilities Oversight Committee. 12
(b) The Academic Facilities Oversight Committee may hire or contract 13
with individuals or entities, both within the state and from out of state, 14
for the purpose of obtaining staff or otherwise performing the duties of the 15
Academic Facilities Oversight Committee to the extent funding is appropriated 16
and available for that purpose. 17
(c) The Bureau of Legislative Research shall furnish reasonable staff 18
assistance to the Academic Facilities Oversight Committee as may be requested 19
by the Academic Facilities Oversight Committee. 20
21
10-3-2204. Meetings — Reimbursement of expenses. 22
(a) The Academic Facilities Oversight Committee shall function during 23
the interim between r egular session, fiscal sessions, or special sessions of 24
the General Assembly, while the General Assembly is in session, and while the 25
General Assembly is in recess. 26
(b) If the Academic Facilities Oversight Committee meets at a time 27
when the General Assem bly is not in session, the legislative members of the 28
Academic Facilities Oversight Committee are entitled to per diem and mileage 29
reimbursement at the rate for attending meetings of the Legislative Council. 30
The per diem or mileage reimbursement shall be p aid from funds appropriated 31
for the payment of per diem and mileage for attendance at meetings of interim 32
committees of the General Assembly. 33
34
SECTION 22. Arkansas Code § 13 -4-203 is repealed. 35
13-4-203. Records Retention Committee. 36 As Engrossed: S3/8/23 SB356
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(a) A Records Reten tion Committee shall be created, whose 1
responsibility shall be to study, develop, and issue standards consistent 2
with the guidelines enumerated in § 13 -4-202 which pertain to existing and 3
future recording systems. 4
(b) The committee shall include one (1) representative from each of 5
the following: 6
(1) The Arkansas Association of County Clerks; 7
(2) The Arkansas Circuit Clerks Association; 8
(3) The Association of Arkansas Counties; 9
(4) The Arkansas State Archives; 10
(5) The Division of Information Systems; 11
(6) ARMA International; and 12
(7) The Arkansas City Clerks, Recorders, and Treasurers 13
Association. 14
(c) The committee shall be chaired by a representative from the 15
Administrative Office of the Courts. 16
17
SECTION 23. Arkansas Code § 13 -15-101 is repealed. 18
13-15-101. Title. 19
This chapter shall be known and may be cited as the “Arkansas Delta 20
Music Trail Act”. 21
22
SECTION 24. Arkansas Code Title 13, Chapter 15, Subchapter 2, is 23
repealed. 24
13-15-201. Creation — Membership. 25
(a) There is created the Arkansas Delta Music Commission within the 26
Division of Arkansas Heritage. 27
(b) The commission shall be composed of nine (9) members: 28
(1) The Director of the Division of Arkansas Heritage or his or 29
her designee; 30
(2) The Secretary of the Departmen t of Parks, Heritage, and 31
Tourism or his or her designee; and 32
(3)(A)(i) One (1) individual who shall be appointed from each 33
region containing a designated music highway. 34
(ii) The region for each designated music highway 35
shall be composed of the cou nties through which the designated music highway 36 As Engrossed: S3/8/23 SB356
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runs. 1
(B) The Governor shall appoint the members of the 2
commission under this subdivision (b)(3). 3
(C)(i) Four (4) of the members appointed under this 4
subdivision (b)(3) shall have a background in the arts. 5
(ii) The remaining three (3) members shall have a 6
background in the arts, history, or tourism. 7
(c)(1) The term of office of the initial members of the commission 8
appointed under subdivision (b)(3) of this section shall be determined by lot 9
as follows: 10
(A) The initial term of office of three (3) of the members 11
shall be two (2) years; and 12
(B) The initial term of office of four (4) of the members 13
shall be three (3) years. 14
(2) All successor members, other than those appointed to fill 15
unexpired terms, shall serve two -year terms. 16
(d) All vacancies in positions filled by members appointed under 17
subdivision (b)(3) of this section shall be filled by appointment by the 18
Governor and shall be for the remainder of the term. 19
(e) Members of the commission shall serve without compensation for 20
their service but may receive expense reimbursement in accordance with § 25 -21
16-901 et seq. 22
(f) The Division of Arkansas Heritage shall provide meeting space and 23
staffing for the commission. 24
25
13-15-202. Meetings. 26
(a)(1) The Arkansas Delta Music Commission shall meet as often as 27
necessary to perform its duties under this chapter. 28
(2) The commission shall meet at least quarterly. 29
(b) The Director of the Division of Arkansas Heritage shall call the 30
first meeting of the commission. 31
(c)(1) At the first meeting of the commission, the commission shall 32
select a Chair of the Arkansas Delta Music Commission. 33
(2) The chair shall serve as chair for the period of time 34
determined by the commission. 35
(d) A quorum for each meeting of the commission shall be five (5) 36 As Engrossed: S3/8/23 SB356
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members. 1
(e) A majority vote of the members present is required for the 2
commission to take action. 3
4
13-15-203. Powers and duties. 5
(a) The Arkansas Delta Music Commission shall: 6
(1) Develop, implement, and administer a tourism program based 7
on art projects that focus on highlighting music stories and related dynamics 8
on the designated music highways; 9
(2) Develop guidelines for the types of art projects that will 10
be eligible for the tax incentives provided in this chapter and the process 11
for applying for approval of qualified expenses for art projects under this 12
chapter; 13
(3) Create a signage program that captures the stories, 14
biographies, and points of interest in blues, rock and roll, jazz, 15
rockabilly, soul, hip hop, opera, country, and gospel music throughout the 16
Arkansas Delta; 17
(4) Maintain information about federal and state grant 18
opportunities to encourage cities and towns to develop exhibits related to 19
the musical heritage of the city or town; and 20
(5) Adopt rules necessary to implement the Arkansas Delta Music 21
Trail Program created under this chapter, including without limitation rules 22
stating: 23
(A) The procedure to apply for approval of qualified 24
expenses; and 25
(B) The criteria to be used by the commission when 26
determining whether to approve qualified expenses and issue a certificate of 27
completion for an art project. 28
(b) The commission may accept, receive, and use grants, moneys, 29
equipment, material, services, an d real and personal property donated, 30
bequeathed, or devised for any purpose relating to the activities of the 31
commission and not expressly designated for any other agency. 32
33
13-15-204. Biennial report. 34
(a) The Arkansas Delta Music Commission shall submi t a report by 35
December 31 of each even -numbered year to the: 36 As Engrossed: S3/8/23 SB356
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(1) Governor; 1
(2) Chair of the Senate Committee on Revenue and Taxation; 2
(3) Chair of the House Committee on Revenue and Taxation; 3
(4) Chair of the Senate Committee on Agriculture, Fo restry, and 4
Economic Development; and 5
(5) Chair of the House Committee on Agriculture, Forestry, and 6
Economic Development. 7
(b) The report required under subsection (a) of this section shall 8
include: 9
(1) The commission's goals for increasing the number of art 10
projects and signage over the next biennium; 11
(2) The economic development opportunities the commission will 12
focus on over the next biennium; 13
(3) The qualified expenses approved under this chapter during 14
the biennium for which the report is being made, including without 15
limitation: 16
(A) The name of the person who applied for approval of 17
qualified expenses for an art project; 18
(B) A description of the art project for which the 19
qualified expenses were approved; and 20
(C) The location of the art project for which the 21
qualified expenses were approved; and 22
(4) The benefits realized in terms of economic development as a 23
result of the commission's actions and the tax incentives provided under this 24
chapter. 25
26
SECTION 25. Arkansas Code § 13-15-301 is amended to read as follows: 27
13-15-301. Creation. 28
(a) The Arkansas Delta Music Commission Division of Arkansas Heritage 29
and the Department of Parks, Heritage, and Tourism shall establish and 30
administer the Arkansas Delta Music Trail Progra m to: 31
(1) Create a tourism program based on art projects that focus on 32
highlighting music stories and related dynamics on the designated music 33
highways; 34
(2) Provide tax incentives to eligible persons for the creation 35
and installation of an art projec t under this chapter; and 36 As Engrossed: S3/8/23 SB356
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(3) Create a signage program that captures the stories, 1
biographies, and points of interest in blues, rock and roll, jazz, 2
rockabilly, soul, hip hop, opera, country, and gospel music throughout the 3
Delta region of Arkansas. 4
(b) The Division of Arkansas Heritage and the Department of Parks, 5
Heritage, and Tourism shall provide assistance to the commission in 6
establishing and administering the program. 7
8
SECTION 26. Arkansas Code § 13 -15-302 is repealed. 9
13-15-302. Income tax credit for approved art project. 10
(a) There is allowed an income tax credit against the income tax 11
imposed by the Income Tax Act of 1929, § 26 -51-101 et seq., in an amount 12
equal to the lesser of one hundred percent (100%) of the total qualified 13
expenses stated in a certificate of completion issued by the Arkansas Delta 14
Music Commission under § 13 -15-303 or twenty-five thousand dollars ($25,000). 15
(b) The amount of the income tax credit under this section that may be 16
claimed by the taxpayer in a tax year shall not exceed the amount of income 17
tax due by the taxpayer. 18
(c) Any unused income tax credit under this section may be carried 19
forward for five (5) consecutive tax years following the tax year in which 20
the income tax credit was earned. 21
22
SECTION 27. Arkansas Code § 13-15-303 is repealed. 23
13-15-303. Application for approval of qualified expenses — Certificate 24
of completion. 25
(a) A person may apply to the Arkansas Delta Music Commission for 26
approval of qualified expenses for the purpose of claiming th e income tax 27
credit allowed under § 13 -15-302. 28
(b) An application for approval of qualified expenses shall: 29
(1) Be for an art project that will: 30
(A) Stimulate regional tourism; 31
(B) Enhance local community development efforts; 32
(C) Create opportunities for Arkansas artists to showcase 33
their work; 34
(D) Enhance the community where the art project will be 35
located; and 36 As Engrossed: S3/8/23 SB356
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(E) Promote awareness and encourage the enjoyment of the 1
stories, biographies, and points of interest in blues, rock and r oll, 2
country, and gospel music throughout the Arkansas Delta; 3
(2) Be in the form prescribed by the commission; and 4
(3) Indicate the amount of qualified expenses the applicant 5
expects to incur. 6
(c)(1) The commission shall not approve qualified expen ses exceeding 7
two hundred fifty thousand dollars ($250,000) in any one (1) calendar year. 8
(2)(A) The total amount of qualified expenses that may be 9
approved under this subsection shall be divided among the designated music 10
highways in proportion to each designated music highway's length as compared 11
to the total length of all of the designated music highways. 12
(B) If the commission does not approve qualified expenses 13
under this section that are equal to the amount of funds allocated to a 14
designated music highway under subdivision (c)(2)(A) of this section, the 15
commission may reallocate the funds to another designated music highway to 16
fund one (1) or more additional art projects. 17
(3)(A) The approval of qualified expenses under this section is 18
contingent on the appropriation and availability of funding for the Arkansas 19
Delta Music Trail Program. 20
(B) The commission shall not solicit or accept 21
applications for the program if funds for the program are not available. 22
(d) At least one-third (⅓) of art projects for which qualified 23
expenses are approved under this section shall be visible from a designated 24
music highway. 25
(e)(1) Upon completion of an art project, the owner shall submit 26
documentation required by the commission to verify that the comple ted art 27
project complies with the requirements of this chapter. 28
(2) If the commission determines that an art project is complete 29
and complies with the requirements of this chapter, the commission shall 30
issue a certification of completion specifying the total amount of qualified 31
expenses and the income tax credit allowed under this subchapter. 32
33
SECTION 28. Arkansas Code § 15 -5-1703(1), concerning the definition of 34
"Advisory committee" under the Arkansas Housing Trust Fund Act of 2009, is 35
repealed. 36 As Engrossed: S3/8/23 SB356
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(1) “Advisory committee” means the Housing Trust Fund Advisory 1
Committee created in § 15 -5-1706; 2
3
SECTION 29. Arkansas Code § 15 -5-1705(c), concerning administration of 4
Arkansas Housing Trust Fund sources and deposits, is amended to read as 5
follows: 6
(c) The authority shall seek the input of the Arkansas Housing Trust 7
Fund Advisory Committee created by § 15 -5-1706, but the Board of Directors of 8
the Arkansas Development Finance Authority shall have the final decision -9
making authority on all matters relating to the fund and the programs 10
administered under this subchapter. 11
12
SECTION 30. Arkansas Code § 15 -5-1706 is repealed. 13
15-5-1706. Creation of Arkansas Housing Trust Fund Advisory Committee. 14
(a)(1) There is created the Arkansas Housing Trust Fund Adviso ry 15
Committee for the purpose of advising the staff and the Board of Directors of 16
the Arkansas Development Finance Authority with respect to the Arkansas 17
Housing Trust Fund. 18
(2) The members of the advisory committee shall be residents of 19
the state and should, to the extent possible, reflect the demographics of the 20
state with respect to geography, race, gender, and urban -rural mix. 21
(3) The members of the advisory committee shall be entitled to 22
expense reimbursement under § 25 -16-902 from amounts deposit ed into the fund. 23
(4) Each member of the advisory committee should have a 24
demonstrated interest in the housing needs of individuals and families with 25
low or moderate incomes and the revitalization of distressed neighborhoods. 26
(b) The advisory committe e shall consist of eleven (11) members with 27
the qualifications under § 15 -5-1705 to be appointed by the Governor, the 28
Speaker of the House of Representatives, and the President Pro Tempore of the 29
Senate, as follows: 30
(1) A representative of the financial industry, appointed by the 31
Governor; 32
(2) A beneficiary of assistance in rental housing or home 33
ownership, appointed by the Governor; 34
(3) An advocate for the homeless, appointed by the Governor; 35
(4) A representative of the real estate industry, ap pointed by 36 As Engrossed: S3/8/23 SB356
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the Governor; 1
(5) A representative from the economic development field, 2
appointed by the Governor; 3
(6) A developer of affordable housing, appointed by the 4
Governor; 5
(7) A citizen, appointed by the Governor; 6
(8) A consumer advocate with experience as a fair -housing 7
advocate, housing counselor, or affordable housing advocate, appointed by the 8
Speaker of the House of Representatives; 9
(9) A housing advocate representing the needs of rural 10
interests, appointed by the Speaker of the Ho use of Representatives; 11
(10) A special needs housing advocate appointed by the President 12
Pro Tempore of the Senate; and 13
(11) An advocate for public housing, appointed by the President 14
Pro Tempore of the Senate. 15
(c)(1) A member of the advisory committee shall serve a term of four 16
(4) years. 17
(2) In order to stagger the terms of the members, the initial 18
members of the advisory committee shall draw lots as follows: 19
(A) Two (2) members will have an initial term of one (1) 20
year; 21
(B) Three (3) members will have an initial term of two (2) 22
years; 23
(C) Three (3) members will have an initial term of three 24
(3) years; and 25
(D) Three (3) members will have an initial term of four 26
(4) years. 27
(3) Members of the advisory committee may serve su ccessive 28
terms. 29
30
SECTION 31. Arkansas Code § 15 -5-1707 is repealed. 31
15-5-1707. Roles and responsibilities of the Arkansas Housing Trust 32
Fund Advisory Committee. 33
(a) The Arkansas Housing Trust Fund Advisory Committee will operate 34
within the structure o f the Arkansas Development Finance Authority and will 35
advise the Board of Directors of the Arkansas Development Finance Authority 36 As Engrossed: S3/8/23 SB356
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on matters relating to the Arkansas Housing Trust Fund and its programs. 1
(b) The responsibilities of the advisory committee shall be to: 2
(1) Collaborate with the staff of the authority in drafting 3
rules, compliance responsibilities, set -asides, and funding priorities for 4
the fund and the programs funded by the fund, which rules and policies will 5
be referred by the advisory c ommittee to the authority for its review and 6
approval; 7
(2) Review and advise the authority on fund marketing efforts; 8
(3) Review data on the use and impact of the fund compiled by 9
the staff of the authority, which shall be provided to the advisory co mmittee 10
not less frequently than one (1) time a year; 11
(4) Prepare, working with the staff of the authority or the 12
Department of Commerce, an annual review of the rules, compliance 13
responsibilities, set -asides, funding priorities, and funding decisions, 14
including any recommended changes, which review shall be presented to the 15
board for final approval; and 16
(5) Prepare an annual performance report for the fund, including 17
information about the fund's success in meeting its intended purposes, which 18
shall be provided to the Governor, the Speaker of the House of 19
Representatives, and the President Pro Tempore of the Senate. 20
21
SECTION 32. Arkansas Code § 15 -11-803(b), concerning eligibility for 22
Arkansas Great Places Program, is amended to read as follows: 23
(b)(1) An eligible organization may apply to the Department of Parks, 24
Heritage, and Tourism for participation in the Arkansas Great Places Program. 25
(2) The department shall forward applications for participation 26
in the program to the Arkansas Natural and Cultural Heritage Advisory 27
Committee to select applicants for participation in the program. 28
29
SECTION 33. Arkansas Code § 15 -11-803(d), concerning eligibility for 30
Arkansas Great Places Program, is amended to read as follows: 31
(d) The committee department shall not approve an application for 32
participation in the program if the application would: 33
(1) Fund academic research; 34
(2) Be awarded to a for -profit organization or event; 35
(3) Fund programs or projects that disregard the need to 36 As Engrossed: S3/8/23 SB356
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preserve, protect, or conserve historical sites, structures, artifacts, and 1
the environment; or 2
(4) Be outside accepted professional museum or environmental 3
standards. 4
5
SECTION 34. Arkansas Code § 15 -11-803(f)(2), concerning eligibility 6
for Arkansas Great Place s Program, is amended to read as follows: 7
(2) The criteria to be used by the committee department when 8
determining whether to award a grant. 9
10
SECTION 35. Arkansas Code § 15 -11-804(a)(1)(A), concerning selection 11
for the Arkansas Great Places Program, i s amended to read as follows: 12
(a)(1)(A) The Arkansas Natural and Cultural Heritage Advisory 13
Committee Department of Parks, Heritage, and Tourism shall select four (4) 14
eligible organizations for participation in the Arkansas Great Places Program 15
by July 1, 2012. 16
17
SECTION 36. Arkansas Code § 15 -11-804(a)(1)(C), concerning selection 18
for the Arkansas Great Places Program, is amended to read as follows: 19
(C) The committee department shall select an eligible 20
organization under subdivision (a)(1)(A) of this section from each of the 21
four (4) congressional districts. 22
23
SECTION 37. Arkansas Code § 15 -11-804(a)(2)(A), concerning selection 24
for the Arkansas Great Places Program, is amended to read as follows: 25
(2)(A) After July 1, 2012, the committee department shall 26
select by July 1 of each even -numbered year no more than four (4) eligible 27
organizations for participation in the program. 28
29
SECTION 38. Arkansas Code § 15 -11-804(b) and (c), concerning selection 30
for the Arkansas Great Places Program, are amended to read as follows: 31
(b) A member of the committee department shall recuse from the 32
consideration of an application for participation in the program by an 33
eligible organization located in the county in which the member of the 34
committee department resides. 35
(c) The Department of Parks, Heritage, and Tourism department shall 36 As Engrossed: S3/8/23 SB356
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work with the Arkansas Economic Development Commission to maximize grants 1
awarded to participants in the program. 2
3
SECTION 39. Arkansas Code § 15 -45-302 is repealed. 4
15-45-302. Nongame Preservation Committee. 5
(a) The Nongame Preservation Committee will consist of five (5) 6
members and will include the following representatives: 7
(1) The Director of the Arkansas State Game and Fish Commission; 8
(2) The Director of the State P arks Division; and 9
(3) The Director of the Arkansas Natural Heritage Commission. 10
(b) The remaining two (2) members shall: 11
(1) Be appointed by the Governor subject to confirmation by the 12
Senate after the Governor consults with private conservation organizations 13
from within the state; and 14
(2) Serve terms of three (3) years. 15
16
SECTION 40. Arkansas Code § 15 -45-303(b) and (c), concerning 17
expenditures for the Nongame Preservation Program, are amended to read as 18
follows: 19
(b) All state agencies are authorized to make application to the 20
Nongame Preservation Committee Arkansas State Game and Fish Commission for a 21
grant from the fund to effectuate the purposes of this subchapter. 22
(c) No expenditure shall be made without the approval and 23
authorization of the Governor upon the recommendation of the Nongame 24
Preservation Committee by majority vote . 25
26
SECTION 41. Arkansas Code § 17 -87-203(18), concerning duties of the 27
Arkansas State Board of Nursing, is repealed. 28
(18) Convene an advisory committee as pr ovided for in this 29
chapter to assist with oversight of medication assistive persons; 30
31
SECTION 42. Arkansas Code § 17 -87-710 is repealed. 32
17-87-710. Medication Assistive Person Advisory Committee. 33
(a)(1) The Medication Assistive Person Advisory Committ ee is created 34
as an advisory committee to the Arkansas State Board of Nursing. 35
(2) The committee shall assist the board in implementing the 36 As Engrossed: S3/8/23 SB356
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provisions of this subchapter regarding medication assistive persons. 1
(b)(1) The Governor shall appoint six (6) members, subject to 2
confirmation by the Senate, who have the following qualifications: 3
(A) Two (2) members shall be certified medication 4
assistive persons; 5
(B) One (1) member shall be a licensed nursing home 6
administrator who has worked in that ca pacity for at least five (5) years; 7
(C) One (1) member shall be a registered nurse who has 8
been in a practice using certified nurse aides for at least five (5) years; 9
(D) One (1) member shall be a lay person representing the 10
interest of consumers o f healthcare services; and 11
(E) One (1) member shall be a nursing faculty member of an 12
Arkansas nursing education program. 13
(2) The Governor shall consult the board before making an 14
appointment under this section. 15
(c) Members shall serve three -year terms. 16
(d) The board may remove any committee member after notice and hearing 17
for incapacity, incompetence, neglect of duty, or malfeasance in office. 18
(e) The members of the committee shall serve without compensation but 19
may receive expense reimburseme nt in accordance with § 25 -16-902. 20
21
SECTION 43. Arkansas Code § 17 -98-103(2), concerning the definition of 22
"Continuing education unit", is amended to read as follows: 23
(2) “Continuing education unit” means value given for 24
participation in organized con tinuing education experience under reasonable 25
sponsorship, capable direction, and qualified instruction approved by the 26
State Board of Disease Intervention Specialists Health; 27
28
SECTION 44. Arkansas Code § 17 -98-105(d), concerning the penalties and 29
unlawful practices of disease intervention specialists, is amended to read as 30
follows: 31
(d) The State Board of Disease Intervention Specialists Health shall 32
assist the prosecuting attorney in the enforcement of this chapter, and any 33
member of the board may present evidence of a violation to the appropriate 34
prosecuting attorney. 35
36 As Engrossed: S3/8/23 SB356
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SECTION 45. Arkansas Code § 17 -98-107(a), concerning the disposition 1
of fees or payments for licensing of disease intervention specialists, is 2
amended to read as follows: 3
(a) All fees or payments collected by the State Board of Disease 4
Intervention Specialists Health under this chapter shall be deposited into a 5
bank designated by the board, and the board shall make a report annually to 6
the Governor showing all receipts and disbursements of moneys and a summary 7
of all business transacted during the year. 8
9
SECTION 46. Arkansas Code § 17-98-201 is repealed. 10
17-98-201. Creation. 11
(a) There is created the State Board of Disease Intervention 12
Specialists, which shall consist of seven (7) members who shall be appointed 13
by the Governor after consulting the employees of the Division of AIDS and 14
Sexually Transmitted Diseases of the Department of Health and subject to 15
confirmation by the Senate. 16
(b)(1) Members shall be appointed for seven -year terms, except for a 17
person who is appointed to fill out the unexpired term of anoth er member. 18
(2) The term of office shall expire on January 1 of each year. 19
(3)(A) Each year, three (3) candidates shall be submitted by 20
registered disease intervention specialists to the Governor, who shall 21
appoint one (1) to fill the expired term. 22
(B) The term of office shall be fixed so that one (1) 23
member of the board will be retired each year, and each year three (3) 24
candidates shall be submitted by registered disease intervention specialists 25
to the Governor, who shall appoint one (1) to fill t he expired term. 26
(c)(1) The appointees shall be registered disease intervention 27
specialists who have been residents in the State of Arkansas for at least one 28
(1) year, have had experience in the field of disease intervention for at 29
least five (5) years, and are presently engaged in the field of disease 30
intervention. 31
(2) The board members must hold a current certificate of 32
registration issued by the board. 33
(d) The Governor shall fill any vacancy caused by death, resignation, 34
or removal for the unexpir ed term. 35
(e) The members of the board shall serve without compensation but may 36 As Engrossed: S3/8/23 SB356
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receive expense reimbursement in accordance with § 25 -16-901 et seq. However, 1
the expenses shall in no case exceed funds available to the board. 2
3
SECTION 47. Arkansas Code § 17-98-202 is repealed. 4
17-98-202. Meetings — Election of officers. 5
(a) The State Board of Disease Intervention Specialists shall hold a 6
meeting at least one (1) time a year and at such times as the Chair of the 7
State Board of Disease Intervention Speci alists shall appoint. 8
(b) Annually, the board shall elect from its members a chair and a 9
secretary. 10
(c) Four (4) members shall constitute a quorum, but no action may be 11
taken on any questions unless at least four (4) members are in accord. 12
(d) The board shall adopt an official seal which shall be affixed to 13
all certificates of registration. 14
15
SECTION 48. Arkansas Code § 17 -98-203(a) and (b), concerning rules of 16
the State Board of Disease Intervention Specialists, are amended to read as 17
follows: 18
(a) The State Board of Disease Intervention Specialists Health shall 19
adopt such rules as are reasonably necessary to administer this chapter. 20
(b) The Chair of the State Board of Disease Intervention Specialists 21
Health and the Secretary of the State Boar d of Disease Intervention 22
Specialists may administer oaths and subpoena witnesses. 23
24
SECTION 49. Arkansas Code § 17 -98-301(a) and (b), concerning 25
examinations of the State Board of Disease Intervention Specialists, are 26
amended to read as follows: 27
(a) The State Board of Disease Intervention Specialists Health shall 28
hold examinations to test the fitness of applicants for registration at such 29
times and places within this state as the board shall determine. The board 30
shall conduct at least one (1) exa mination every year. The scope of the 31
examination shall be determined by the board. 32
(b) Within ninety (90) calendar days after an application is filed 33
with the Secretary of the State Board of Disease Intervention Specialists 34
Health, the board shall notif y the applicant whether his or her application 35
for examination was accepted or rejected and, if rejected, the reason 36 As Engrossed: S3/8/23 SB356
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therefor. 1
2
SECTION 50. Arkansas Code § 17 -98-302(a), concerning admission to 3
examination for the State Board of Disease Intervention Spec ialists, is 4
amended to read as follows: 5
(a) The State Board of Disease Intervention Specialists Health shall 6
admit to examination any person who makes application to the Secretary of the 7
State Board of Disease Intervention Specialists Health on forms prescribed 8
and furnished by the board, pays an application fee set by the board to 9
defray the expense of examination, and submits satisfactory proof to the 10
board that he or she: 11
(1) Meets the minimum educational requirements; 12
(2) Meets the minimum speci alized training requirements, as 13
determined by the board; 14
(3) Has had two (2) years of field experience in human 15
immunodeficiency virus/sexually transmitted disease intervention; and 16
(4) Is actively engaged in the field of human immunodeficiency 17
virus/sexually transmitted disease intervention at the time he or she makes 18
application. 19
20
SECTION 51. Arkansas Code § 17 -98-303 is amended to read as follows: 21
17-98-303. Issuance of certificate without examination. 22
The State Board of Disease Intervention Specialists Health shall issue 23
a certificate of registration without examination to any person who makes 24
application on forms prescribed and furnished by the board, pays a 25
registration fee set by the board, and submits satisfactory proof that he or 26
she: 27
(1) Has had at least two (2) years' experience in the field of 28
human immunodeficiency virus/sexually transmitted disease intervention; and 29
(2) Is registered as a disease intervention specialist in a 30
state in which the qualifications for registration are not lower than the 31
qualifications for registration in this state at the time he or she applies 32
for registration. 33
34
SECTION 52. Arkansas Code § 17 -98-304(a), concerning the expiration 35
and renewal for the State Board of Disease Intervention Specialists, is 36 As Engrossed: S3/8/23 SB356
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amended to read as follows: 1
(a) Each certificate of registration issued by the State Board of 2
Disease Intervention Specialists Health shall expire on June 30 following the 3
date of issue. 4
5
SECTION 53. Arkansas Code § 17 -98-305(a), concerning applica tion for 6
reinstatement as a registered disease intervention specialist, is amended to 7
read as follows: 8
(a) A former registered disease intervention specialist whose 9
certificate has expired or has been suspended or revoked may make application 10
for reinstatement by paying a renewal fee and submitting satisfactory proof 11
to the State Board of Disease Intervention Specialists Health that he or she 12
has complied with the continuing education requirements. 13
14
SECTION 54. Arkansas Code § 17 -98-306 is amended to re ad as follows: 15
17-98-306. Refusal to renew — Suspension or revocation. 16
The State Board of Disease Intervention Specialists Health may refuse 17
to renew or may suspend or revoke a certificate upon proof that the applicant 18
is guilty of fraud, deceit, gross negligence, incompetency, or misconduct 19
relative to his or her duties as a disease intervention specialist. 20
21
SECTION 55. Arkansas Code § 17 -98-307(a)(1), concering hearing and 22
notice before the State Board of Disease Intervention Specialists, is amended 23
to read as follows: 24
(a)(1) Before the State Board of Disease Intervention Specialists 25
Health may suspend, revoke, or refuse to renew a certificate of registration, 26
it shall set the matter for a hearing before the board, and, at least twenty 27
(20) calendar days before the date set for hearing, it shall give written 28
notice to the accused of the charges made and the date and place of the 29
hearing. 30
31
SECTION 56. Arkansas Code § 19 -5-1248 is repealed. 32
19-5-1248. Electrical Energy Advancement Program Fund. 33
(a) There is created on the books of the Treasurer of State, the 34
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 35
fund to be known as the “Electrical Energy Advancement Program Fund”. 36 As Engrossed: S3/8/23 SB356
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(b) The fund shall consist of: 1
(1) Funds provided by law; 2
(2) Grants made by any person or federal government agency; and 3
(3) Other funds that become available through energy programs. 4
(c) The fund shall be used by the Arkansas Statewide Energy Consortium 5
under the Electrical Energy Advancement Program, § 6 -61-1501 et seq., to 6
provide opportunities for Arkansas citizens to legitimately pursue high -7
technology and knowledge -based jobs in the electrical energy sector of 8
Arkansas by providing a statewide, collaborative educational system focused 9
on this sector. 10
11
SECTION 57. Arkansas Code Title 20, Chapter 8, Subchapter 7, is 12
repealed. 13
Subchapter 7 — Palliative Care 14
15
20-8-701. Definitions. 16
As used in this subchapter: 17
(1) “Palliative care” means patient -centered and family-centered 18
medical care offered throughout the continuum of an illness that optimizes 19
quality of life by anticipating, preventing, and treating the suffering 20
caused by a serious illness to address physical, emotional, social, and 21
spiritual needs and facilitate patient autonomy, access to information, and 22
choice, including without limitation: 23
(A) Discussion of the patient's goals for treatment; 24
(B) Discussions of treatment options appropriate to the 25
patient, including hospice care, if needed; and 26
(C) Comprehensive pain and symptom management; and 27
(2) “Serious illness” means a medical illness or physical injury 28
or condition that substantially impacts quality of life for more than a short 29
period of time, including without limitation cancer, renal failure, liv er 30
failure, heart disease, lung disease, and Alzheimer's disease and related 31
dementia. 32
33
20-8-702. Palliative Care and Quality of Life Interdisciplinary Task 34
Force — Creation — Membership. 35
(a) There is created the Palliative Care and Quality of Life 36 As Engrossed: S3/8/23 SB356
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Interdisciplinary Task Force. 1
(b) The task force shall consist of thirteen (13) members as follows: 2
(1) Nine (9) members appointed by the Governor as follows: 3
(A) One (1) member who is a designee of the American 4
Cancer Society; 5
(B) One (1) member who is a designee of the Hospice and 6
Palliative Care Association of Arkansas, Inc.; 7
(C) One (1) member who is a designee of the Department of 8
Veterans Affairs; 9
(D) One (1) member who is a designee of the American Heart 10
Association, Arkansas Affilia te, Inc.; 11
(E) One (1) member who is a designee of the Arkansas 12
Hospital Association, Inc.; 13
(F) One (1) member who is a designee of the Arkansas 14
Medical Society, Inc.; 15
(G) One (1) member who is a designee of the Arkansas 16
Health Care Association; 17
(H) One (1) member who is a designee of the Arkansas 18
Center for Health Improvement; and 19
(I) One (1) member, who is appointed in consultation with 20
the Secretary of the Department of Health, who is a palliative care 21
professional with expertise in the following knowledge areas that may include 22
without limitation: 23
(i) Interdisciplinary palliative care; 24
(ii) Medical, nursing, social work, pharmacy, or 25
spiritual services; 26
(iii) Psychosocial issues involved in caregiving for 27
patient and family caregivers or their advocates; and 28
(iv) Palliative care perspectives and challenges 29
across multiple settings, including inpatient, outpatient, and community 30
settings, and across pediatric, youth, adult, and geriatric populations; 31
(2) Two (2) members appointed by the President Pro Tempore of 32
the Senate as follows: 33
(A) One (1) member who is a board -certified hospice and 34
palliative medicine physician, physician assistant, or nurse; and 35
(B) One (1) member, in consultation with the Arkansas 36 As Engrossed: S3/8/23 SB356
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Surgeon General, who is a palliative care professional with expertise in the 1
following knowledge areas that may include without limitation: 2
(i) Interdisciplinary palliative care; 3
(ii) Medical, nursing, social work, pharmacy, or 4
spiritual services; 5
(iii) Psychosocial issues involved in caregiving for 6
patient and family caregivers or their advocates; and 7
(iv) Palliative care perspectives and challenges 8
across multiple settings, including inpatient, outpatient, and community 9
settings, and across pediatric, youth, adult, and geriatric populations; and 10
(3) Two (2) members appointed by the Speaker of the House of 11
Representatives as follows: 12
(A) One (1) member who is a board -certified hospice and 13
palliative medicine physician, physician assistant, advanced practice 14
registered nurse, or nurse; and 15
(B) One (1) member, in consultation with the Arkansas 16
Surgeon General, who is a palliative care professional with expertise in the 17
following knowledge areas that may include without limitatio n: 18
(i) Interdisciplinary palliative care; 19
(ii) Medical, nursing, social work, pharmacy, or 20
spiritual services; 21
(iii) Psychosocial issues involved in caregiving for 22
patient and family caregivers or their advocates; and 23
(iv) Palliative care perspectives and challenges 24
across multiple settings, including inpatient, outpatient, and community 25
settings, and across pediatric, youth, adult, and geriatric populations. 26
(c) The members of the task force shall be appointed by September 1, 27
2017. 28
(d) In the event of a vacancy in the membership of the task force, a 29
person shall be appointed by the appropriate individual and who meets the 30
applicable eligibility requirements of the vacated position to fill the 31
vacancy for the remainder of the term. 32
(e)(1) The task force shall select a chair and vice chair during the 33
first meeting. 34
(2) The task force shall hold at least two (2) regular meetings 35
in each calendar year at a time and place determined by the task force. 36 As Engrossed: S3/8/23 SB356
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(f) Seven (7) members of the ta sk force shall constitute a quorum to 1
transact business. 2
(g) The members of the task force may receive expense reimbursement in 3
accordance with § 25 -16-901 et seq. 4
(h) The Department of Health shall provide staff, information, and 5
other assistance as reasonably necessary to assist the task force in its 6
efficient organization. 7
(i) The purpose of the task force is to consult with and advise the 8
Department of Health on matters relating to the establishment, maintenance, 9
operation, and outcome evaluation of palliative care initiatives in the 10
state. 11
(j) The task force shall expire on December 31, 2021, unless extended 12
by the General Assembly. 13
14
20-8-703. Reports. 15
(a) The Palliative Care and Quality of Life Interdisciplinary Task 16
Force shall submit a preliminary report to the Governor, President Pro 17
Tempore of the Senate, and the Speaker of the House of Representatives on or 18
before January 17, 2019, that includes without limitation: 19
(1) Recommendations for the establishment, maintenance, 20
operation, and outcome evaluation of palliative care initiatives in the 21
state; and 22
(2) Recommendations for any statutory changes to be considered 23
by the General Assembly. 24
(b) The task force shall submit a follow -up report to the Governor, 25
President Pro Tempore o f the Senate, and the Speaker of the House of 26
Representatives on or before December 31, 2020, detailing the implementation 27
of the recommendations from the preliminary report. 28
(c) On and after August 1, 2017, the task force shall submit and 29
present a quarterly report to the Senate Committee on Public Health, Welfare, 30
and Labor and the House Committee on Public Health, Welfare, and Labor. 31
32
SECTION 58. Arkansas Code § 20 -14-204 is amended to read as follows: 33
20-14-204. Officers. 34
(a) The Chair of the Gov ernor's Commission on People with Disabilities 35
shall be appointed biennially by the Governor and serve at the pleasure of 36 As Engrossed: S3/8/23 SB356
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the Governor. 1
(b) The chair shall select an executive board. 2
(c) The Executive Board of the Governor's Commission on People with 3
Disabilities is empowered to select from the commission membership a vice 4
chair should such a position be desirable. 5
(d)(c) The chair, or in his or her absence the Vice Chair of the 6
Governor's Commission on People with Disabilities, shall exercise general 7
supervision of all commission affairs. 8
(e)(d) The chair shall preside over all meetings of the commission and 9
executive board, appoint subcommittees and chairs, and serve as an ex officio 10
member of all subcommittees. 11
12
SECTION 59. Arkansas Code § 20 -14-207 is repealed. 13
20-14-207. Executive board. 14
(a) The Chair of the Governor's Commission on People with Disabilities 15
shall name an executive board from the membership consisting of no more than 16
five (5) members, taking into consideration that consumer r epresentation must 17
be assured. 18
(b) The Executive Board of the Governor's Commission on People with 19
Disabilities shall be responsible for the following activities: 20
(1) [Repealed.] 21
(2) Acting on behalf of the Governor's Commission on People with 22
Disabilities between regular meetings of the full commission; 23
(3) Establishing a schedule for regular commission meetings and 24
holding such other meetings of the executive board as may be necessary; 25
(4) Preparing an annual plan of work for the commission, subject 26
to the approval of the commission; 27
(5) Assuring that commission activities coordinate with those of 28
other public and private agencies responsible for providing services to 29
disabled citizens; 30
(6) Scheduling a public hearing on any commission-related matter 31
if a hearing is required by state law or deemed necessary by the commission; 32
and 33
(7) Establishing such subcommittees as may be necessary to carry 34
out the powers and duties of the commission. 35
36 As Engrossed: S3/8/23 SB356
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SECTION 60. Arkansas Code § 20 -14-208(a), concerning subcommittees of 1
the Governor's Commission on People with Disabilities, is amended to read as 2
follows: 3
(a) The Executive Board of the Governor's Commission on People with 4
Disabilities shall establish such subcommittees as it determine s necessary. 5
6
SECTION 61. Arkansas Code § 20 -14-210(b), concerning gifts, grants, 7
and donations to the Governor's Commission on People with Disabilities, is 8
amended to read as follows: 9
(b) The commission may disburse and administer the gifts, grants, a nd 10
donations in accordance with the conditions established by the Executive 11
Board of the Governor's Commission on People with Disabilities commission. 12
13
SECTION 62. Arkansas Code § 20 -45-302 is repealed. 14
20-45-302. Creation and purpose. 15
(a) There is established the “Arkansas Suicide Prevention Council”. 16
(b) The purpose of the council is to serve as a central body on 17
suicide prevention efforts across the state, including without limitation: 18
(1) Setting priorities for statewide, data -driven, evidence-19
based, and clinically informed suicide prevention in Arkansas; 20
(2) Providing a public forum to examine the current status of 21
suicide prevention and intervention policies, priorities, and practices; 22
(3) Identifying interested parties, community, state, and 23
national prevention providers and stakeholders for collaboration and devising 24
a system of gathering data and other information to ensure coordination of 25
suicide prevention resources and services throughout Arkansas; 26
(4) Assisting private, non profit, and faith-based entities, 27
including without limitation coalitions, foundations, initiatives, churches, 28
veterans groups, substance abuse recovery groups, senior adult organizations, 29
grief support groups, injury prevention groups, and other groups to enhance 30
suicide prevention and survivor support efforts; and 31
(5) Aiding in the development of evaluation tools and data 32
collection for use in reporting suicide prevention efforts to the public. 33
(c) Within sixty (60) days of July 22, 2015, there shall be appointed 34
to the council no more than twenty -three (23) members, including: 35
(1) A representative of the office of the Attorney General, to 36 As Engrossed: S3/8/23 SB356
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be designated by the Attorney General; 1
(2) A representative of the Division of Aging, Adult, and 2
Behavioral Health Services of the Department of Human Services, to be 3
designated by the Director of the Division of Aging, Adult, and Behavioral 4
Health Services of the Department of Human Services; 5
(3) A representative of the Division of Elementary and Secondary 6
Education, to be designated by the Commissioner of Elementary and Secondary 7
Education; 8
(4) A representative of the Division of Youth Services, to be 9
designated by the head of the Division of Youth Services; 10
(5) A representative of Arkansas Children's Hospital, to be 11
designated by the President and Chief Executive Officer of Arkansas 12
Children's Hospital; 13
(6) A representative of law enforcement, to be designated by the 14
Director of the Division of Arkansas State Police; 15
(7) A representative from hi gher education, to be designated by 16
the Director of the Division of Higher Education; 17
(8) A representative from kindergarten through grade twelve (K -18
12) education, to be designated by the Arkansas Education Association; 19
(9) A representative from an employee assistance program or 20
human resources in the private sector, to be designated by the Governor; 21
(10) A licensed mental health professional, to be designated by 22
the Governor; 23
(11) A representative of substance -abuse treatment providers, to 24
be designated by the Governor; 25
(12) A representative of primary medical care providers, to be 26
designated by the Governor; 27
(13) A representative of first responders, to be designated by 28
the Governor; 29
(14) A representative from a hospital with an on -site emergency 30
department, to be designated by the Governor; 31
(15) A hospital-based social worker, to be designated by the 32
Governor; 33
(16) An elected coroner, to be designated by the Governor; 34
(17) An active member or veteran of any branch of the Unit ed 35
States Armed Forces, to be designated by the Governor; 36 As Engrossed: S3/8/23 SB356
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(18) Two (2) family members of persons who died by suicide, to 1
be designated by the Governor; 2
(19) A person who has attempted suicide, recovered, and is now 3
thriving, to be designated by the G overnor; 4
(20) A representative of the suicide prevention nonprofit 5
community, to be designated by the Governor; 6
(21) A representative of the Arkansas Prevention Network, to be 7
designated by the President of the Arkansas Prevention Network; and 8
(22) A representative from an interfaith organization, to be 9
designated by the Governor. 10
(d) The council shall elect annually two (2) cochairs, a vice chair, 11
and a secretary who will serve as an executive board. 12
(e)(1) The council shall establish a charter and bylaws within ninety 13
(90) days of the first meeting. 14
(2) A quorum for conducting business is one -half (½) of the 15
appointed members. 16
(f)(1) The council shall meet at least four (4) times each year. 17
(2) The council shall meet at times and places that the cochairs 18
deem necessary, but no meeting shall be held outside the state. 19
(3) Special meetings may be held at the call of the cochairs, as 20
needed. 21
(g)(1) The appointed members of the council shall serve staggered 22
terms of four (4) year s with no more than two (2) contiguous terms. 23
(2) If a vacancy occurs in an appointed position, the vacancy 24
shall be filled for the unexpired term by an appointment made in the same 25
manner as the original appointment. 26
(h) Appointments shall: 27
(1) Represent persons of different ethnic backgrounds; 28
(2) Include members from each of Arkansas's four (4) 29
congressional districts; and 30
(3) Include members with expertise from groups associated with 31
high suicide rates and suicide attempts. 32
(i)(1) The members of the council shall serve without compensation but 33
may seek reimbursement for travel expenses to and from meetings of the 34
council. 35
(2) The expense reimbursement shall be paid by the Department of 36 As Engrossed: S3/8/23 SB356
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Health from moneys available for that purpose. 1
(j) The Department of Health shall provide staff and programmatic 2
support for the council to the extent that funding is available. 3
(k) The Department of Health is the designated agency for the purposes 4
of suicide prevention and related state and federal programmatic and funding 5
applications. 6
(l) Within the first year of its creation, the council shall make 7
recommendations to the General Assembly on staffing and funding needs to 8
implement an effective statewide suicide prevention program. 9
10
SECTION 63. Arkansas Code § 20-47-704 is repealed. 11
20-47-704. Children's Behavioral Health Care Commission — Composition — 12
Duties. 13
The Governor shall establish a Children's Behavioral Health Care 14
Commission. The commission shall: 15
(1) Consist of nine (9) members, who shall: 16
(A) Include families and advocates for children receiving 17
behavioral healthcare services and representatives from a variety of 18
behavioral healthcare agencies, disciplines, and providers; and 19
(B) Serve three-year terms, except that the i nitial term 20
for two-thirds (2/3) of the membership shall be equally divided by lot with 21
one-half of such persons serving an initial term of one (1) year and the 22
other half serving an initial term of two (2) years; and 23
(2) Provide advice and guidance to the Department of Human 24
Services and other state agencies providing behavioral healthcare services to 25
children, youth, and their families on the most effective methods for 26
establishing a system -of-care approach. 27
28
SECTION 64. Arkansas Code § 20 -47-705 is amended to read as follows: 29
20-47-705. Behavioral healthcare initiatives. 30
The Department of Human Services , with advice from the Children's 31
Behavioral Health Care Commission, shall: 32
(1) Identify and implement actions for ensuring that children, 33
youth, and their families are full partners in the design and implementation 34
of all aspects of the system of care as well as full partners in decisions 35
about their care or their children's care; 36 As Engrossed: S3/8/23 SB356
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(2) Identify up to two million dollars ($2,000,000) per year to 1
apply to the following purposes: 2
(A) Meeting extraordinary, non -Medicaid-reimbursable needs 3
of children, youth, and their families, as identified in multiagency plans of 4
services; 5
(B) Supporting creation or strengthening of entities 6
designed to guide the development and operation of local, regional, and state 7
components of the system of care; 8
(C) Strengthening family and advocate skills and capacity 9
to provide meaningful input on the system of care; and 10
(D) Supporting the development and enh ancement of needed 11
behavioral healthcare services in underserved areas; 12
(3) Revise Medicaid rules to increase quality, accountability, 13
and appropriateness of Medicaid -reimbursed behavioral healthcare services, 14
including, but not limited to: 15
(A) Clarifying behavioral healthcare services definitions 16
to assure that the definitions are appropriate to the needs of children, 17
youth, and their families; 18
(B) Revising the process for Medicaid to receive, review, 19
and act upon requests for behavioral health care for children and youth 20
classified as seriously emotionally disturbed; 21
(C) Clarifying Medicaid certification rules for providers 22
serving children, youth, and their families to assure that the certification 23
rules correlate with the requirements for enrollment as a Medicaid provider 24
of behavioral healthcare services; 25
(D)(i) Defining a standardized screening and assessment 26
process designed to provide early identification of conditions that require 27
behavioral healthcare services. 28
(ii) The standardized process shall ensure that: 29
(a) Assessments guide service decisions, 30
outcomes, and, if appropriate, development of a multiagency plan of services; 31
and 32
(b) Services delivered are appropriate to meet 33
the needs of the child as identified by the assessment; 34
(4) Research, identify, and implement innovative and promising 35
local, regional, or statewide approaches for better managing the state's 36 As Engrossed: S3/8/23 SB356
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resources devoted to children's behavioral health; and 1
(5) Create additional capacity within the Division of Aging, 2
Adult, and Behavioral Health Services of the Department of Human Services to 3
develop, support, and oversee the new system of care for behavioral 4
healthcare services for children, including: 5
(A)(i) Selecting a new outcomes measurement tool to 6
support an improved system of tracking, accountability, and decision -making. 7
(ii) The new outcomes measurement tool shall be 8
selected no later than September 30, 2015, and shall replace the current 9
outcomes measurement tool for purposes of re porting required in § 20 -47-510; 10
and 11
(B) Creating additional staff support to provide technical 12
assistance, utilize information, identify and encourage best practices, 13
monitor performance, and recommend system improvements. 14
15
SECTION 65. Arkansas Code § 20-77-2201 is repealed. 16
20-77-2201. Title. 17
This subchapter shall be known and may be cited as the “Healthcare 18
Quality and Payment Policy Advisory Committee Act”. 19
20
SECTION 66. Arkansas Code § 20 -77-2203 is repealed. 21
20-77-2203. Healthcare Quality an d Payment Policy Advisory Committee — 22
Created — Membership. 23
(a) The Healthcare Quality and Payment Policy Advisory Committee is 24
created. 25
(b)(1) Except as provided under subdivision (b)(2) of this section, 26
the committee shall consist of the following se ven (7) voting members: 27
(A) Three (3) members appointed by the President Pro 28
Tempore of the Senate, including: 29
(i) One (1) physician in good standing with the 30
Arkansas State Medical Board; 31
(ii) One (1) member nominated by the Arkansas 32
Hospital Association, Inc. who represents hospitals with more than one 33
hundred (100) beds; and 34
(iii) One (1) medical director of a commercially 35
owned insurance company participating with the Division of Medical Services 36 As Engrossed: S3/8/23 SB356
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of the Department of Human Services in the Arkansas Health Care Payment 1
Improvement Initiative; 2
(B) Three (3) members appointed by the Speaker of the 3
House of Representatives, including: 4
(i) Two (2) physicians nominated by the Arkansas 5
Medical Society, Inc.; and 6
(ii) One (1) member nominated by the Arkansas 7
Hospital Association, Inc. who represents hospitals with fewer than one 8
hundred (100) beds; and 9
(C) The Director of the Division of Medical Services of 10
the Department of Human Services. 11
(2)(A) For purposes of reviewing a draft rule related to long -12
term care services and supports, the committee shall include the following 13
five (5) additional voting members: 14
(i) One (1) member nominated by the Arkansas Health 15
Care Association to represent nursing homes and appointed by the President 16
Pro Tempore of the Senate; 17
(ii) One (1) member nominated by the Arkansas 18
Association of Area Agencies on Aging and appointed by the President Pro 19
Tempore of the Senate; 20
(iii) One (1) member nominated by the Arkansas 21
Residential Assisted Living Association, Inc. and appointed by the President 22
Pro Tempore of the Senate; 23
(iv) One (1) member nominated by the Arkansas 24
Residential Assisted Living Association, Inc. and appointed by the Speaker of 25
the House of Representatives; and 26
(v) One (1) member nominated by the HomeCare 27
Association of Arkansas and appointed by the Speaker of the House of 28
Representatives. 29
(B)(i) As used in subdivision (b)(2)(A) of this section, 30
“long-term care services and supports” does not include serv ices provided in 31
intermediate care facilities for individuals with developmental disabilities 32
or services provided by an entity licensed or certified by the Division of 33
Developmental Disabilities Services of the Department of Human Services. 34
(ii) For purposes of reviewing a draft rule related 35
to services provided in intermediate care facilities for individuals with 36 As Engrossed: S3/8/23 SB356
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developmental disabilities and services provided by an entity licensed or 1
certified by the Division of Developmental Disabilities Services, § 20-77-2
2205(b)(2) applies. 3
(3) A medical director of a commercially owned insurance company 4
participating with the Division of Medical Services in the Arkansas 5
Healthcare Payment Improvement Initiative who is not appointed under 6
subdivision (b)(1)(A)( iii) of this section may serve as an ex officio member 7
of the committee but shall not vote. 8
(c) The committee may appoint subcommittees of the committee to study, 9
research, and advise the committee. 10
(d) The Department of Human Services may provide offi ces and staff for 11
the committee. 12
(e)(1) The members of the committee shall serve two -year terms. 13
(2) At the first meeting of the committee, the length of the 14
terms of the initial appointees shall be determined by lot. 15
(f) The members of the committe e shall hold the first meeting in 16
offices made available by the department within thirty (30) days of the 17
appointment of the members of the committee. 18
(g) The committee annually shall select from its membership a chair 19
and a vice chair. 20
(h)(1) A majority of the membership of the committee constitutes a 21
quorum. 22
(2) A majority vote of the members present is required for any 23
action of the committee. 24
(i)(1) A vacancy on the committee due to death, resignation, removal, 25
or another cause shall be filled in the same manner as the initial 26
appointment. 27
(2) A member appointed to fill a vacancy shall serve for the 28
remainder of the vacated term. 29
(j) The members of the committee may be removed by the appointing 30
official for cause. 31
(k) Members of the commi ttee except those employed by the state may 32
receive expense reimbursement and stipends under § 25 -16-901 et seq. 33
34
SECTION 67. Arkansas Code § 20 -77-2204 is repealed. 35
20-77-2204. Purpose. 36 As Engrossed: S3/8/23 SB356
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The purpose of the Healthcare Quality and Payment Policy Advisory 1
Committee is to make recommendations and provide advice and assistance to the 2
Department of Human Services concerning the promulgation of rules submitted 3
by the department to the committee to promote high -quality, safe, effective, 4
timely, efficient, and p atient-centered physician services, hospital 5
services, and long-term care services and supports in the State of Arkansas, 6
as related to the development of episodes of care and the episodes -of-care 7
target prices and quality metrics within the Arkansas Healt hcare Payment 8
Improvement Initiative. 9
10
SECTION 68. Arkansas Code § 20 -77-2205 is amended to read as follows: 11
20-77-2205. Medicaid payment and reimbursement rules related to 12
development of episodes of care. 13
(a)(1) The Department of Human Services shall not adopt a rule under 14
the Arkansas Administrative Procedure Act, § 25 -15-201 et seq., related to 15
the development of episodes of care for patient -centered physician services, 16
hospital services, and long -term care services and supports, including 17
without limitation the episodes -of-care target prices and quality metrics, 18
without first submitting the proposed rule to the Healthcare Quality and 19
Payment Policy Advisory Committee for review. 20
(2) Concurrent with a submission of a draft rule to the 21
committee under subdivision (a)(1) of this section, the department shall 22
issue a public notice of the draft rule for which the department shall: 23
(A) Include in the notice a statement of the terms or 24
substance of the draft rule and the specific provider category or categories 25
affected; 26
(B) Mail the notice to any person who requests notice of a 27
submission of a draft rule to the committee under subdivision (a)(1) of this 28
section; and 29
(C) Post the notice on the department’s website i n a 30
section dedicated to the committee. 31
(3) Concurrent with a submission of a draft rule to the 32
committee under subdivision (a)(1) of this section, the The department shall 33
post the draft rule on its website in a section dedicated to the committee 34
during the entire period the draf t rule is under consideration by the 35
committee. 36 As Engrossed: S3/8/23 SB356
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(4)(2) The department shall provide to a person who requests the 1
information a meeting notice that identifies the time and place of each 2
committee and subcommittee meeting and the draft rules under conside ration by 3
the committee or subcommittee at each meeting . 4
(b)(1) At least forty-five (45) days before initiating the 5
promulgation process under the Arkansas Administrative Procedure Act, § 25 -6
15-201 et seq., for a rule related to the development of episod es of care for 7
patient-centered physician services, hospital services, or long -term care 8
services and supports, including without limitation the episodes -of-care 9
target prices and quality metrics, the department shall submit the draft rule 10
to the committee for review and advice. 11
(2)(A) If the draft rule pertains to a healthcare provider 12
listed in § 20-77-2202(2) whose provider category is not represented on the 13
committee, the committee department shall seek representation by designated 14
representatives of the statewide provider association or associations for 15
that provider category for the purpose of review and advice. 16
(B)(2) The committee department shall: 17
(i)(A) Provide at least twenty -five (25) days for 18
the representatives of the affected healthcare providers to review and 19
comment on the draft rule; and 20
(ii)(B) Afford the representatives the opportunity 21
to participate in committee and subcommittee deliberations on the draft rule. 22
(C)(i) The committee shall not provide advice to the 23
department without seeking the input of the affected healthcare providers. 24
(ii) If the committee does not reach agreement with 25
a provider association on a draft rule pertaining to a healthcare pro vider 26
not represented on the committee, the committee shall prepare a written 27
report that objectively states the information and viewpoints presented but 28
does not advise the department concerning how to proceed on the draft rule. 29
(c) A rule required to b e submitted to the committee under subsection 30
(b) of this section that is adopted without following this section is void. 31
(d)(1) The committee shall issue and deliver a written advisory 32
statement to the department within thirty (30) calendar days after t he 33
department's submission of the proposed rule to the committee. 34
(2) If the department fails to follow the advice of the 35
committee with respect to a proposed rule under this section, the department, 36 As Engrossed: S3/8/23 SB356
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before beginning the promulgation process, shall prep are a written report 1
setting out the advice of the committee and an explanation of the reason that 2
the department decided not to follow the committee's advice with regard to 3
the rule. 4
(3) The department shall make available for public review the 5
report required under subdivision (d)(2) of this section and the text of the 6
proposed rule during the public comment period. 7
(4) The department may begin the promulgation process for the 8
proposed rule if the committee does not issue and deliver a written advis ory 9
statement to the department within thirty (30) calendar days after the 10
department's submission of the proposed rule to the committee. 11
(e)(c) After the public comment period, the department shall retain 12
and make available for public review the report required under subdivision 13
(d)(2) of this section and the text of any final rule issued. 14
15
SECTION 69. Arkansas Code § 20 -77-2206 is repealed. 16
20-77-2206. Powers and duties of Healthcare Quality and Payment Policy 17
Advisory Committee. 18
The Healthcare Quality and Payment Policy Advisory Committee shall: 19
(1) Review and provide advice regarding draft rules submitted by 20
the Department of Human Services under § 20 -77-2205; 21
(2) Have the authority to obtain from the department all data 22
and analysis required to fully meet its charge under § 20 -77-2204; and 23
(3) Provide reports to the Legislative Council upon request. 24
25
SECTION 70. Arkansas Code § 20 -77-2207 is repealed. 26
20-77-2207. Confidentiality. 27
(a) To the extent that the data, records, reports, and documents 28
identify or could be used to identify an individual patient, a healthcare 29
provider, an institution, or a health plan, the data, records, reports, and 30
documents collected or compiled by or on behalf of the Healthcare Quality and 31
Payment Policy Advisory Committee are confidential and are not subject to 32
disclosure under state and federal law. 33
(b) Data, records, reports, and documents collected or compiled by or 34
on behalf of the committee are not admissible in a legal proceeding and are 35
exempt from discovery and disclosure to the same extent that records of and 36 As Engrossed: S3/8/23 SB356
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testimony before committees that evaluate the quality of medical or hospital 1
care are exempt under § 16 -46-105(a)(1). 2
(c) A healthcare provider's use of the information in its internal 3
operations does not operate as a waiver of the confidentiality protections 4
under this section. 5
(d) The committee shall treat data, records, reports, and documents in 6
a manner consistent with state and federal privacy requirements, including 7
without limitation the privacy requirements under the Health Insurance 8
Portability and Accountability Act of 1996, 45 C.F.R. § 164.512(i). 9
10
SECTION 71. Arkansas Code § 21 -11-105 is repealed. 11
21-11-105. Suggestion Award Board. 12
(a)(1) There is created the Suggestion Awar d Board. 13
(2) The membership of the board shall consist of the Secretary 14
of the Department of Transformation and Shared Services, the State Personnel 15
Administrator, who shall serve as chair, and the cochairs of the Legislative 16
Council. 17
(b) The decisions of the board regarding suggestions, awards, and 18
appeals shall be final and binding to all parties concerned. 19
(c)(1) The board will review suggestions after the suggestor has filed 20
a formal appeal. 21
(2) If, in the opinion of the board, further evaluat ion is 22
needed, the board may request the agency to reevaluate the suggestion. 23
24
SECTION 72. Arkansas Code § 21 -11-106 is repealed. 25
21-11-106. Reports by State Personnel Administrator. 26
(a) The State Personnel Administrator shall prepare and annually 27
transmit a report detailing the operations of the Employee Suggestion System, 28
including an accounting of all awards granted and any other information 29
deemed appropriate by the director and the Governor. 30
(b)(1) The State Personnel Administrator shall submit monthly to the 31
Suggestion Award Board a list of all suggestions which have been at agencies 32
for evaluation for a period exceeding thirty (30) days. 33
(2) The list shall show the suggestion number, the agency doing 34
the evaluation, and the date the suggesti on was sent to the agency for 35
evaluation. 36 As Engrossed: S3/8/23 SB356
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1
SECTION 73. Arkansas Code § 23 -115-204 is repealed. 2
23-115-204. Lottery Retailer Advisory Board. 3
(a)(1) The Director of the Office of the Arkansas Lottery shall 4
appoint a Lottery Retailer Advisory Board to be composed of ten (10) 5
retailers. 6
(2) In making appointments to the board, the director may 7
consider a broad spectrum of geographical, racial, gender, and business 8
characteristics of retailers. 9
(3) The board shall advise the Office of the Arkansas Lot tery on 10
retail aspects of lotteries and present the concerns of retailers throughout 11
the state. 12
(b)(1) Except as provided in subdivision (b)(2) of this section, each 13
member appointed to the board shall serve a term of two (2) years. 14
(2)(A) Five (5) of the initial appointees shall serve initial 15
terms of one (1) year. 16
(B) The initial appointees shall draw lots to determine 17
which five (5) members shall serve a one -year term. 18
(3) A member of the board shall not serve more than six (6) 19
terms. 20
(c)(1) The board shall provide by rule for its operating procedures. 21
(2) Members shall serve without compensation or reimbursement of 22
expenses. 23
(3) The board may report to the office and the Legislative 24
Council in writing at any time. 25
(4) The director may invite the board to make an oral 26
presentation to the office at any time. 27
(d) The following shall not be appointed as a member of the board: 28
(1) A member of the immediate family of the Secretary of the 29
Department of Finance and Administration; 30
(2) A member of the immediate family of the director; or 31
(3) A member of the immediate family of an employee of the 32
office. 33
34
SECTION 74. Arkansas Code § 23 -115-206(a)(8)(D)(x), concerning 35
internal controls and the annual audit of the Office of the Arka nsas Lottery, 36 As Engrossed: S3/8/23 SB356
53 03-08-2023 13:59:46 MLD125
is repealed. 1
(x) A report from the Lottery Retailer Advisory Board, if 2
a report was received during the fiscal year; 3
4
SECTION 75. Arkansas Code § 23 -115-206(b)(4), concerning internal 5
controls and the annual audit of the Office of the Arkansas Lottery, 6
is amended to read as follows: 7
(4) This chapter does not limit the statutory authority of 8
Arkansas Legislative Audit or the responsibilities of the office or related 9
entities, members of the Lottery Retailer Advisory Board, employees, vendors, 10
retailers, or any other individuals or entities to cooperate with Arkansas 11
Legislative Audit or provide information or records requested by Arkansas 12
Legislative Audit. 13
14
SECTION 76. Arkansas Code § 25 -3-104 is repealed. 15
25-3-104. Arkansas Natural and Cultural Heritage Advisory Committee. 16
(a) There is established an Arkansas Natural and Cultural Heritage 17
Advisory Committee whose members shall consist of: 18
(1) The Director of the Division of Arkansas Heritage; 19
(2) The Director of the Arkans as Economic Development 20
Commission; 21
(3) The Director of State Highways and Transportation; 22
(4) The Secretary of the Department of Health; 23
(5) The Secretary of the Department of Parks, Heritage, and 24
Tourism; 25
(6) The Director of the Arkansas State Game and Fish Commission; 26
(7) A person appointed by the Governor; 27
(8) A person appointed by the President Pro Tempore of the 28
Senate; and 29
(9) A person appointed by the Speaker of the House of 30
Representatives. 31
(b)(1) Except as provided in subdivision (b)(2) of this section, 32
persons appointed to the committee by the Governor, President Pro Tempore of 33
the Senate, and the Speaker of the House of Representatives shall serve terms 34
of three (3) years. 35
(2) At the first meeting of the committee after the effective 36 As Engrossed: S3/8/23 SB356
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date of this act, members appointed to the committee by the Governor, Speaker 1
of the House of Representatives, or President Pro Tempore of the Senate shall 2
draw lots to stagger terms so that: 3
(A) One (1) member shall serve a term of one (1) year; 4
(B) One (1) member shall serve a term of two (2) years; 5
and 6
(C) One (1) member shall serve a term of three (3) years. 7
(c) The committee shall elect from its membership a chair and vice -8
chair. 9
(d) A vacancy on the committee in the positions appointed by the 10
Governor, President Pro Tempore of the Senate, and the Speaker of the House 11
of Representatives shall be filled by the appointing authority for the 12
unexpired portion of the term in which it occurs. 13
(e) A majority of the total m embership of the committee constitutes a 14
quorum. 15
(f) Members of the committee appointed by the Governor, President Pro 16
Tempore of the Senate, and Speaker of the House of Representatives may 17
receive expense reimbursement and stipends under § 25 -16-901 et seq. as 18
allowed by law. 19
20
SECTION 77. Arkansas Code § 25 -16-903(69), concerning the 21
authorization for a stipend for state boards and commissions, is repealed. 22
(69) Arkansas Natural and Cultural Heritage Advisory Committee; 23
24
SECTION 78. Arkansas Code § 25-24-102(6)(A), concerning the duties of 25
the Martin Luther King, Jr. Commission, is repealed. 26
(6)(A) To establish a Martin Luther King, Jr. Youth Commission 27
to educate young persons on the principles and legacy of Martin Luther King, 28
Jr. 29
(B) Members of the Martin Luther King, Jr. Youth 30
Commission may receive expense reimbursement in accordance with § 25 -16-901 31
et seq.; and 32
33
SECTION 79. Arkansas Code § 25 -33-101 is repealed. 34
25-33-101. State Technology Council. 35
(a) There is created the State T echnology Council to consist of the 36 As Engrossed: S3/8/23 SB356
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following members: 1
(1) The Director of the Division of Information Systems or his 2
or her designee who shall act as chair of the council; 3
(2) The Secretary of the Department of Transformation and Shared 4
Services or his or her designee; 5
(3) Two (2) members from the private sector appointed by the 6
Governor with knowledge and experience in the management and implementation 7
of information technology; and 8
(4) Two (2) members from state agencies appointed by the 9
Governor who have knowledge and experience in the management and 10
implementation of information technology. 11
(b) The council shall be responsible for developing: 12
(1) The information technology standards and specifications for 13
state agencies; 14
(2) A state information technology plan that shall establish 15
state-level mission, goals, and objectives for the use of information 16
technology; and 17
(3) Technical standards and specifications to support the 18
state's shared enterprise architecture. 19
(c) The council may meet as deemed necessary by the chair of the 20
council. 21
(d) A quorum of the council shall consist of three (3) members. 22
(e) Members of the council shall serve without compensation. 23
(f) The chair of the council shall file a quarterly status report w ith 24
the Governor and the Joint Committee on Advanced Communications and 25
Information Technology. 26
27
SECTION 80. Arkansas Code § 25 -43-302(7), concerning the state 28
entities transferred to the Department of Commerce, is repealed. 29
(7) The Arkansas Housing Trust Fund Advisory Committee, created 30
under § 15-5-1706; 31
32
SECTION 81. Arkansas Code § 25 -43-802(47), concerning the state 33
entities transferred to the Department of Health, is repealed. 34
(47) The State Board of Disease Intervention Specialists, 35
created under § 17-98-201; 36 As Engrossed: S3/8/23 SB356
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1
SECTION 82. Arkansas Code § 25 -43-902(15), concerning the state 2
entities transferred to the Department of Human Services, is repealed. 3
(15) The Youth Justice Reform Board, created under § 9 -28-1201. 4
5
SECTION 83. Arkansas Code § 25-43-1302(a)(5), concerning state 6
entities transferred to the Department of Parks, Heritage, and Tourism, is 7
repealed. 8
(5) The Arkansas Natural and Cultural Heritage Advisory 9
Committee, created under § 25 -3-104; 10
11
SECTION 84. Arkansas Code § 25 -43-1502(10), concerning the state 12
entities transferred to the Department of Transformation and Shared Services, 13
is repealed. 14
(10) The State Technology Council, created under § 25 -33-101. 15
16
SECTION 85. Arkansas Code § 26 -27-201(a), concerning the authority of 17
the Arkansas Public Service Commission, is amended to read as follows: 18
(a) The Arkansas Public Service Commission shall constitute the State 19
Equalization Board and shall equalize the assessment of property throughout 20
the state. 21
22
SECTION 86. Arkansas C ode § 26-27-202 is amended to read as follows: 23
26-27-202. Meeting. 24
(a) The Arkansas Public Service Commission shall meet as the State 25
Equalization Board on the first Monday in October of each year for the 26
purpose of equalizing the taxable valuation of a ll real or personal property. 27
(b) The board commission shall: 28
(1) Examine and compare the returns of the assessment of 29
property in the counties of this state; 30
(2) Summon and hear witnesses and make or cause to be made 31
investigation relative thereto; and 32
(3) Proceed to equalize the property, so that all the taxable 33
property throughout this state shall be assessed uniformly at its true and 34
full market or actual value, or at such percentage as has been duly certified 35
by the commission. 36 As Engrossed: S3/8/23 SB356
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1
SECTION 87. The introductory language of Arkansas Code § 26 -27-203 is 2
amended to read as follows: 3
In the performance of its duties, the members of the State Equalization 4
Board Arkansas Public Service Commission shall be governed by the following 5
rules: 6
7
SECTION 88. Arkansas Code § 26 -27-204 is amended to read as follows: 8
26-27-204. Order of adjustment. 9
(a) A record of the proceedings of the State Equalization Board 10
Arkansas Public Service Commission shall be kept by the secretary thereof. 11
(b)(1) A certified copy of the record or such part thereof as affects 12
his or her county shall, on or before the third Monday in November, be 13
furnished the county clerk of each county in which property, the assessed 14
valuation of which has been ordered by the board commission increased or 15
reduced, is situated. 16
(2) In carrying out the order of the board commission, the 17
county clerk shall add to or deduct from the valuation of any property, as 18
adjusted by the local assessment and equalization officials, such percentage 19
or amount as the board commission might so order and shall enter the adjusted 20
or equalized valuation in the proper record and extend taxes thereon. 21
22
SECTION 89. Arkansas Code § 26 -27-320(b), concerning the assessed 23
values entered on record, is amended to read as follows: 24
(b) In making the tax books of the county, unless further adjustments 25
are ordered by the county court or the State Equalization Board Arkansas 26
Public Service Commission , the county clerk shall extend the taxes on the 27
adjusted or equalized values. 28
29
SECTION 90. Arkansas Code § 26 -27-321(a), concerning abstract of tax 30
books to be filed, is amended to read as follows: 31
(a) The county clerk of each county shall, on or before the second 32
Monday in November of each year, unless otherwise orde red and directed by the 33
State Equalization Board Arkansas Public Service Commission , file with the 34
State Equalization Board commission, on such forms as it may prescribe, a 35
“final abstract of the tax books”. 36 As Engrossed: S3/8/23 SB356
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1
SECTION 91. Arkansas Code § 26 -28-303 is amended to read as follows: 2
26-28-303. Duty of county assessor. 3
Under the system provided for in this subchapter: 4
(1) It is the duty of the county assessor of each county to 5
enter upon the assessment record of the county the adjusted or equalized 6
assessed value of any and all property as found and fixed by the county 7
equalization board; 8
(2) In making the tax books of the county, unless further 9
adjustments are ordered by the county court or the State Equalization Board 10
Arkansas Public Service Commiss ion, the preparer of the tax books shall 11
extend the taxes on the adjusted or equalized values; 12
(3) The county assessor shall deliver the assessment abstract to 13
the State Equalization Board commission by August 1 of each year; 14
(4)(A) The county assess or shall make any changes to the 15
abstract after the State Equalization Board commission finalizes its action. 16
(B) All changes in assessments, after the county assessor 17
prepares the final abstract of the tax books, shall be made as specified in § 18
26-28-305(1) and documented by means of a prenumbered two -part change form 19
with the reason for the change noted; and 20
(5)(A) The county assessor of each county shall, on or before 21
the third Monday in January of each year, unless otherwise ordered and 22
directed by the State Equalization Board commission, file with the State 23
Equalization Board commission, on such forms as it may prescribe, a final 24
abstract of the tax books. 25
(B) The final abstract of the tax books shall show, by 26
total of items and value, the total assessment of the county after all 27
adjustments. 28
29
SECTION 92. EMERGENCY CLAUSE. It is found and determined by the 30
General Assembly of the State of Arkansas that it is important to the 31
citizens of Arkansas that state government services be provided in an 32
efficient and cost-effective manner; that the abolishment of state entities 33
that are no longer active is an effective way to achieve both operational 34
efficiencies and economies of scale; and that this act is necessary to obtain 35
cost efficiencies and streamline the provision of government services without 36 As Engrossed: S3/8/23 SB356
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delay for the benefit of Arkansas taxpayers to allow services that preserve 1
the health, safety, and property of Arkansas citizens ; and that this act 2
abolishing the entities contained in this act shoul d become effective on July 3
1, 2023, to coincide with the appropriation bills of all the state 4
departments. Therefore, an emergency is declared to exist, and this act 5
being necessary for the preservation of the public peace, health, and safety 6
shall become effective on July 1, 2023. 7
8
/s/J. English 9
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APPROVED: 3/21/23 12
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