Arkansas 2023 Regular Session

Arkansas Senate Bill SB543 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 883 of the Regular Session
3	2		MBM182 3/29/2023 5:33:37 PM MBM182
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 543 3
8	7		4
9	8		By: Senator K. Hammer 5
10	9		By: Representative Cozart 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND ARKA NSAS LAW CONCERNING SCHOOL 9
14	13		DISTRICT BOARDS OF D IRECTORS; AMENDING A PORTION OF 10
15	14		LAW RESULTING FROM I NITIATED ACT 1 OF 19 90; AND FOR 11
16	15		OTHER PURPOSES. 12
17	16		13
18	17		14
19	18		Subtitle 15
20	19		TO AMEND ARKANSAS LAW CONCERNING SCHOOL 16
21	20		DISTRICT BOARDS OF DIRECTORS AND AMENDING 17
22	21		A PORTION OF LAW RESULTING FROM INITIATED 18
23	22		ACT 1 OF 1990. 19
24	23		20
25	24		21
26	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
27	26		23
28	27		SECTION 1. Arkansas Code § 6 -13-611(a)(5), concerning vacancies on a 24
29	28		school district board of directors, is amended to read as follows: 25
30	29		(5) Is convicted of a : 26
31	30		(A) felony Felony in accordance with § 6 -13-612; or 27
32	31		(B) Violation of the ethical guidel ines and prohibitions under § 28
33	32		6-24-101 et seq.; 29
34	33		30
35	34		SECTION 2. Arkansas Code § 6 -13-617 is amended to read as follows: 31
36	35		6-13-617. Oath. 32
37	36		(a)(1)(A) Each director elected for an initial or nonconsecutive term 33
38	37		of office shall, within ten (10) days afte r receiving notice from the county 34
39	38		clerk or his or her designee of his or her election or within ten (10) days 35
40	39		after receiving notice from the county clerk or his or her designee of his or 36 SB543
41	40
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43	42
44	43
45	44		her appointment, subscribe to the following oath before an individu al 1
46	45		authorized to administer oaths under § 21 -2-105: 2
47	46		“I, __________________________, do hereby solemnly swear or 3
48	47		affirm, that I will support the United States Constitution and the Arkansas 4
49	48		Constitution, and that I will not be interested, directly or indir ectly, in 5
50	49		any contract made by the district of which I am a director, except as 6
51	50		permitted by state law , that I shall abide by the ethical guidelines and 7
52	51		prohibitions under § 6 -24-101 et seq., and that I will faithfully discharge 8
53	52		the duties as school direct or in __________________________ School District 9
54	53		upon which I am about to enter. 10
55	54		_____________ 11
56	55		Director's Signature 12
57	56		_____________ 13
58	57		Administrator's Signature 14
59	58		_____________ 15
60	59		Date”. 16
61	60		____ Accepted 17
62	61		____ Rejected 18
63	62		_____________________________ ________ Reason for rejection 19
64	63		______________ 20
65	64		County Clerk’s Signature”. 21
66	65		(B) The notification from the county clerk or his or her 22
67	66		designee shall indicate the date by which the oath shall be subscribed to. 23
68	67		(2)(A) After the oath is administered, the director shall submit 24
69	68		a certification of the administration of the oath to the county clerk or his 25
70	69		or her designee. 26
71	70		(B) The certification of the administration of the oath 27
72	71		shall contain: 28
73	72		(i) A copy of the oath; 29
74	73		(ii) The director's signature; 30
75	74		(iii) The administrator's signature; and 31
76	75		(iv) The date. 32
77	76		(C) The certification of the administration of the oath 33
78	77		shall be submitted to the county clerk or his or her designee no later than 34
79	78		the close of business on the dat e indicated in the notification from the 35
80	79		county clerk under subdivision (a)(1) of this section. 36 SB543
81	80
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83	82
84	83
85	84		(b)(1) The county clerk or his or her designee , upon receipt of the 1
86	85		certification of the administration of the oath prescribed for a director, 2
87	86		shall immediately: commission such persons, and they shall enter at once upon 3
88	87		their duties as directors. 4
89	88		(A) Verify that the: 5
90	89		(i) Certification of the administration of the oath 6
91	90		was submitted on or before the close of business on the date indicated in the 7
92	91		notification from the county clerk or his or her designee under subdivision 8
93	92		(a)(1) of this section; and 9
94	93		(ii) Individual before whom the oath was subscribed 10
95	94		to is an individual authorized to administer oaths under § 21 -2-105; and 11
96	95		(B) Either: 12
97	96		(i) Accept the certification of the administration 13
98	97		of the oath if it complies with the requirements of this section; or 14
99	98		(ii) Reject the certification of the administration 15
100	99		of the oath if it does not comply with one (1) or more of the requirements of 16
101	100		this section. 17
102	101		(2)(A) Immediately following the acceptance of the certification 18
103	102		of the administration of the oath, the county clerk or his or her designee 19
104	103		shall: 20
105	104		(i) Commission the director; 21
106	105		(ii) Provide the director a copy of § 6 -24-101 et 22
107	106		seq.; and 23
108	107		(iii) Require the director to sign an 24
109	108		acknowledgement that he or she received a copy of § 6 -24-101 et seq. 25
110	109		(B) The term of the director shall begin upon the 26
111	110		receiving of the commission under subdivision (b)(2)(A)(i) of this section. 27
112	111		(2)(3) By the close of business of the day following the receipt 28
113	112		of the certification of the administration of the oath, the county clerk or 29
114	113		his or her designee shall either: 30
115	114		(A)(i) notify Notify the superintendent of the school 31
116	115		district by phone that the individual has subscribed to the director's oath 32
117	116		and that the county clerk has accepted the certification of the 33
118	117		administration of the oath; and 34
119	118		(ii) shall send Send a copy of the certificate of 35
120	119		the administration of the oath to the school d istrict’s central office within 36 SB543
121	120
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123	122
124	123
125	124		five (5) days; or 1
126	125		(B) If the certification of the administration of the oath 2
127	126		has not been timely received or otherwise rejected by the county clerk or his 3
128	127		or her designee, notify the superintendent of the school distric t by phone of 4
129	128		the rejection of the certification of the administration of the oath by the 5
130	129		close of business on the day following the date indicated in the notification 6
131	130		from the county clerk or his or her designee under subdivision (a)(1) of this 7
132	131		section. 8
133	132		(c) The failure of an elected director to have the oath administered 9
134	133		and submit proof that the oath was administered as required under subsection 10
135	134		(a) of this section will result in: 11
136	135		(1) The individual’s not being qualified to serve for the 12
137	136		purpose of Arkansas Constitution, Article 19, § 5; and 13
138	137		(2) A holdover. 14
139	138		15
140	139		SECTION 3. Arkansas Code § 6 -13-619 is amended to add an additional 16
141	140		subsection to read as follows: 17
142	141		(e)(1) In addition to the circumstances in which an executive session 18
143	142		is permitted under the Freedom of Information Act of 1967, § 25 -19-101 et 19
144	143		seq., the board of directors may meet in executive session for the purposes 20
145	144		of: 21
146	145		(A) Pre-litigation discussions; 22
147	146		(B) Litigation updates; 23
148	147		(C) The discussion and consideration of settlement offers; 24
149	148		(D) The discussion and consideration of contract disputes 25
150	149		with the superintendent of the school district; and 26
151	150		(E) Discussions pertaining to real p roperty. 27
152	151		(2) In addition to the persons permitted to be present at an 28
153	152		executive session under the Freedom of Information Act of 1967, § 25 -19-101 29
154	153		et seq., the following may be present at an executive session of the board of 30
155	154		directors upon invitation of the board of directors: 31
156	155		(A) The superintendent of the school district; and 32
157	156		(b) The attorney for the school district. 33
158	157		34
159	158		SECTION 4. Arkansas Code § 6 -24-104 is amended to read as follows: 35
160	159		6-24-104. General prohibition. 36 SB543
161	160
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163	162
164	163
165	164		(a)(1) No board member, administrator, or employee shall knowingly: 1
166	165		(A) use Use or attempt to use his or her official position 2
167	166		to secure unwarranted privileges or exemptions for himself or herself or 3
168	167		others.; 4
169	168		(b)(B) While serving as a board member, administrator, or 5
170	169		employee, an individual shall not accept Accept employment, contract, or 6
171	170		engage in any public or professional activity that a reasonable person would 7
172	171		expect might require or induce him or her to disclose any information 8
173	172		acquired by the member by reason of his or her official position that is 9
174	173		declared by law or rule to be confidential .; 10
175	174		(c)(C) No board member, administrator, or employee shall 11
176	175		knowingly disclose Disclose any confidential information gained by reason of 12
177	176		his or her position, nor shall the member knowingly otherwise including 13
178	177		without limitation disclosing information acquired by attending an executive 14
179	178		session of the board of directors unless the disclosure of that information 15
180	179		is otherwise authorized or required by law ; or 16
181	180		(D) use such Use information acquired by reason or his or 17
182	181		her position for his or her personal gain or benefit. 18
183	182		(b) A board member shall not act in a manner on school grounds or at a 19
184	183		school-sponsored event that: 20
185	184		(1) Results or otherwise would have resulted in the removal of 21
186	185		the board member from campus or the event if the board member’s actions 22
187	186		resulted in removal or otherwise would have resulted in removal if the 23
188	187		actions were conducted by a member of the public; or 24
189	188		(2) Results in a violation of the criminal laws of this state or 25
190	189		the Federal government. 26
191	190		(c) Any board member, administrator, or employee who knew or should 27
192	191		have known his or her actions were prohibited under subsections (a) or (b) of 28
193	192		this section may be subject to § 6-24-118. 29
194	193		(d)(d) Nothing in this chapter prohibits board members, 30
195	194		administrators, or employees of public educational entities from donating 31
196	195		services or property to a public educational entity. 32
197	196		33
198	197		SECTION 5. Arkansas Code § 6 -24-115 is amended to read as follows: 34
199	198		6-24-115. Criminal penalties. 35
200	199		(a)(1) Any board member, administrator, employee, or nonemployee who 36 SB543
201	200
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203	202
204	203
205	204		shall knowingly violate the provisions of this chapter shall be guilty of a 1
206	205		felony. 2
207	206		(b)(1) Upon pleading guilty or nolo contendere to or being found 3
208	207		guilty of violating this chapter, the court shall order restitution to the 4
209	208		public educational entity. 5
210	209		(2) In addition, the court may fine the violator in any sum not 6
211	210		to exceed the greater of ten thousand dollars ($10,000) or double the dollar 7
212	211		amounts involved in the transactions, sentence the violator to prison for not 8
213	212		more than five (5) years, or impose both a fine and imprisonment. 9
214	213		(b) Any board member, administrator, employee, or nonemployee who 10
215	214		should have known his or her actions would violate the provisions of this 11
216	215		chapter shall be guilty of a Class A misdemeanor. 12
217	216		(c) Upon pleading guilty or nolo contendere or being found guilty of 13
218	217		violating this chapter, the court shall order restitution to the public 14
219	218		educational entity in addition to any other penalty proscribed. 15
220	219		16
221	220		SECTION 5. Arkansas Code § 6 -24-116 is amended to read as follows: 17
222	221		6-24-116. Request for review of transactions. 18
223	222		At the request of a board of a public educational entity, the executive 19
224	223		administrator at a public educational entity, the Commissioner of Elementary 20
225	224		and Secondary Education, the Arkansas Ethics Commission, or the Legislative 21
226	225		Joint Auditing Committee, the appropriate prosecuting attorney shall review 22
227	226		contracts or transactions for complia nce with the provisions of this chapter. 23
228	227		24
229	228		SECTION 7. Arkansas Code § 6 -24-117 is amended to read as follows: 25
230	229		6-24-117. Board position vacant upon conviction. 26
231	230		If a board member is found guilty of violating the provisions of this 27
232	231		chapter and any appeals regarding the finding of guilt have been concluded , 28
233	232		the board member shall immediately cease to be a board member, the position 29
234	233		is declared vacant, and a replacement shall be named as provided by law in § 30
235	234		6-13-611. 31
236	235		32
237	236		SECTION 8. Arkansas Code § 6 -24-118 is amended to read as follows: 33
238	237		6-24-118. Enforcement. 34
239	238		(a)(1) It Except as provided in subsection (b) of this section, it 35
240	239		shall be the duty and responsibility of the prosecuting attorneys to 36 SB543
241	240
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243	242
244	243
245	244		supervise compliance with this chapter and prosecute persons who violate this 1
246	245		chapter. 2
247	246		(b)(2) If the prosecuting attorney fails or refuses to enforce 3
248	247		this chapter when the facts are known by the prosecuting attorney, or are 4
249	248		called to his or her attention, the Attorney General or any citizen of this 5
250	249		state may bring mandamus proceedings to compel the prosecuting attorney to 6
251	250		perform his or her duties. 7
252	251		(c)(3) All criminal actions related to alleged violations of 8
253	252		this chapter shall be filed in circuit court and shall be subject to the 9
254	253		criminal rules and procedures o f this state. 10
255	254		(b)(1) The Arkansas Ethics Commission shall supervise compliance with 11
256	255		this chapter by board members and investigate citizen complaints alleging 12
257	256		violations of this chapter by board members. 13
258	257		(2)A) Upon completion of an investigation of a complaint that a 14
259	258		board member has violated this chapter, the commission may assess a penalty 15
260	259		under § 7-6-218(b)(4). 16
261	260		(B) All moneys received by the commission as payment of 17
262	261		fines shall be deposited in the State Treasury as general revenues. 18
263	262		(3) The commission may promulgate rules that it deems necessary 19
264	263		to perform its duties under this section. 20
265	264		21
266	265		SECTION 9. Arkansas Code § 7 -6-217(g), concerning the authority of the 22
267	266		Arkansas Ethics Commission and resulting from Initiated Act 1 of 1990, is 23
268	267		amended to read as follows: 24
269	268		(g) The commission shall have the authority to: 25
270	269		(1) Under the Arkansas Adm inistrative Procedure Act, § 25 -15-201 26
271	270		et seq., promulgate reasonable rules to implement and administer the 27
272	271		requirements of this subchapter, as well as the Disclosure Act for Public 28
273	272		Initiatives, Referenda, and Measures Referred to Voters, § 7 -9-401 et seq.; § 29
274	273		19-11-718; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and 30
275	274		Local Officials, § 21 -8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., 31
276	275		and § 21-8-801 et seq.; § 21-8-901; § 21-8-1001 et seq.; and Arkansas 32
277	276		Constitution, Article 19, § § 28-30; and to govern procedures before the 33
278	277		commission, matters of commission operations, and all investigative and 34
279	278		disciplinary procedures and proceedings; 35
280	279		(2) Issue advisory opinions and guidelines on the requirements 36 SB543
281	280
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283	282
284	283
285	284		of § 6-24-101 et seq.; § 7-1-103(a)(1)-(4), (6), and (7); this subchapter; 1
286	285		the Disclosure Act for Public Initiatives, Referenda, and Measures Referred 2
287	286		to Voters, § 7-9-401 et seq.; § 19-11-718; § 21-8-301 et seq.; the Disclosure 3
288	287		Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-4
289	288		601 et seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901 et seq.; 5
290	289		§ 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28 -30; 6
291	290		(3) After a citizen complaint has been submitted to the 7
292	291		commission, investigate alleged violations of § 6-24-101 et seq.; § 7-1-8
293	292		103(a)(1)-(4), (6), and (7); this subchapter; the Disclosure Act for Public 9
294	293		Initiatives, Referenda, and Measures Referred to Voters, § 7 -9-401 et seq.; § 10
295	294		19-11-718; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for 11
296	295		Lobbyists and State and Local Officials, § 21 -8-401 et seq., § 21-8-601 et 12
297	296		seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901; § 21-8-1001 et 13
298	297		seq.; and Arkansas Constitution, Article 19, §§ 28 -30; and render findings 14
299	298		and disciplinary action thereon; 15
300	299		(4) Pursuant to commission investigations, subpoena any person 16
301	300		or the books, records, or other documents being held by any person and take 17
302	301		sworn statements; 18
303	302		(5) Administer oaths for the purpose of taking sworn testimony 19
304	303		of witnesses and conduct hearings; 20
305	304		(6) Hire a staff and retain legal counsel; 21
306	305		(7) Approve forms prepared by the Secretary of State under this 22
307	306		subchapter; the Disclosure Act for Public Initiatives, Referenda, and 23
308	307		Measures Referred to Voters, § 7 -9-401 et seq.; § 19-11-718; § 21-8-301 et 24
309	308		seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21 -8-25
310	309		401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; 26
311	310		§ 21-8-901 et seq.; and § 21 -8-1001 et seq.; and 27
312	311		(8)(A) File suit in the Pulaski County Circuit Court or in the 28
313	312		circuit court of the county wherein the respondent resides or, under § 16 -17-29
314	313		706, in the small claims division established in any district court in the 30
315	314		State of Arkansas, to obtain a judgment for the amount of a ny fine imposed 31
316	315		under § 7-6-218(b)(4)(B)(i)-(iii), or to enforce an order of the commission 32
317	316		requiring the filing or amendment of a disclosure form. 33
318	317		(B) Said action by the court shall not involve further 34
319	318		judicial review of the commission's actions. 35
320	319		(C) The fee normally charged for the filing of a suit in 36 SB543
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324	323
325	324		any of the circuit courts in the State of Arkansas shall be waived on behalf 1
326	325		of the commission. 2
327	326		3
328	327		SECTION 10. Arkansas Code § 7 -6-218, resulting from Initiated Act 1 of 4
329	328		1990, is amended to read as f ollows: 5
330	329		7-6-218. Citizen complaints — Definition. 6
331	330		(a)(1) Any citizen may file a complaint with the Arkansas Ethics 7
332	331		Commission against a person covered by this subchapter, by § 6-24-101 et 8
333	332		seq.; § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for Public 9
334	333		Initiatives, Referenda, and Measures Referred to Voters, § 7 -9-401 et seq.; § 10
335	334		21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and 11
336	335		State and Local Officials, § 21 -8-401 et seq., § 21-8-601 et seq., § 21-8-701 12
337	336		et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; and 13
338	337		Arkansas Constitution, Article 19, §§ 28 -30, for an alleged violation of the 14
339	338		subchapters or sections. For purposes of this subdivision (a)(1), the 15
340	339		Arkansas Ethics Commission shall be considered a citizen. 16
341	340		(2) A complaint must be filed within four (4) years after the 17
342	341		alleged violation occurred. If the alleged violation is the failure to file a 18
343	342		report or the filing of an incorrect report, the complaint shall be filed 19
344	343		within four (4) years after th e date the report was due. 20
345	344		(b)(1)(A) Upon a complaint stating facts constituting an alleged 21
346	345		violation signed under penalty of perjury by any person, the Arkansas Ethics 22
347	346		Commission shall investigate the alleged violation of this subchapter or § 6-23
348	347		24-101 et seq.; § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for 24
349	348		Public Initiatives, Referenda, and Measures Referred to Voters, § 7 -9-401 et 25
350	349		seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for 26
351	350		Lobbyists and State and Local Officials, § 21 -8-401 et seq., § 21-8-601 et 27
352	351		seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901 et seq.; § 21-8-28
353	352		1001 et seq.; and Arkansas Constitution, Article 19, §§ 28 -30. 29
354	353		(B) The Arkansas Ethics Commission shall immediately 30
355	354		notify any person under inves tigation of the investigation and of the nature 31
356	355		of the alleged violation. 32
357	356		(C) The Arkansas Ethics Commission in a document shall 33
358	357		advise the complainant and the respondent of the final action taken, together 34
359	358		with the reasons for the action, and such doc ument shall be a public record. 35
360	359		(D) Filing of a frivolous complaint shall be a violation 36 SB543
361	360
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363	362
364	363
365	364		of this subchapter. For purposes of this section, “frivolous” means clearly 1
366	365		lacking any basis in fact or law. In any case in which the Arkansas Ethics 2
367	366		Commission has dismissed a complaint, the respondent may request in writing 3
368	367		that the Arkansas Ethics Commission make a finding as to whether or not the 4
369	368		complaint filed was frivolous. In the event that the Arkansas Ethics 5
370	369		Commission finds that the complaint was frivolo us, the respondent may file a 6
371	370		complaint seeking sanctions as provided in subdivision (b)(4) of this 7
372	371		section. 8
373	372		(2) If, after the investigation, the Arkansas Ethics Commission 9
374	373		finds that probable cause exists for a finding of a violation, the respondent 10
375	374		may request a hearing. The hearing shall be a public hearing. 11
376	375		(3)(A) The Arkansas Ethics Commission shall keep a record of its 12
377	376		investigations, inquiries, and proceedings. 13
378	377		(B)(i) Except as provided in subdivision (b)(3)(B)(ii) of 14
379	378		this section, all proc eedings, records, and transcripts of any investigations 15
380	379		or inquiries shall be kept confidential by the Arkansas Ethics Commission, 16
381	380		unless the respondent requests disclosure of documents relating to 17
382	381		investigation of the case, in case of a hearing under subd ivision (b)(2) of 18
383	382		this section, or in case of judicial review of a decision of the Arkansas 19
384	383		Ethics Commission pursuant to § 25 -15-212. 20
385	384		(ii)(a) Through its members or staff, the 21
386	385		Arkansas Ethics Commission may disclose confidential information to prope r 22
387	386		law enforcement officials, agencies, and bodies, or as may be required to 23
388	387		conduct its investigation. 24
389	388		(b) If an investigation or inquiry concerns an 25
390	389		attorney or judge, the Arkansas Ethics Commission may, through its members or 26
391	390		staff, disclose confid ential information to the Supreme Court Committee on 27
392	391		Professional Conduct or the Judicial Discipline and Disability Commission. 28
393	392		(C) Thirty (30) days after any final adjudication in which 29
394	393		the Arkansas Ethics Commission makes a finding of a violation, al l records 30
395	394		relevant to the investigation and upon which the Arkansas Ethics Commission 31
396	395		has based its decision, except working papers of the Arkansas Ethics 32
397	396		Commission and its staff, shall be open to public inspection. 33
398	397		(4) If the Arkansas Ethics Commissio n finds a violation of this 34
399	398		subchapter; § 6-24-101 et seq.; § 7-1-103(a)(1)-(4), (6), or (7); § 21 -1-401 35
400	399		et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and 36 SB543
401	400
402	401		11 3/29/2023 5:33:37 PM MBM182
403	402
404	403
405	404		Local Officials, § 21 -8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., 1
406	405		and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; or Arkansas 2
407	406		Constitution, Article 19, §§ 28 -30, then the Arkansas Ethics Commission shall 3
408	407		do one (1) or more of the following, unless good cause be shown for the 4
409	408		violation: 5
410	409		(A) Issue a public letter of caution or warning or 6
411	410		reprimand; 7
412	411		(B)(i) Notwithstanding the provisions of §§ 7 -6-202, 7-9-8
413	412		409, 21-8-403, and 21-8-903, impose a fine of not less than fifty dollars 9
414	413		($50.00) nor more than three thousand five hundred dollars ($3,500) for 10
415	414		negligent or intentional violation of this subchapter; § 6-24-101 et seq.; 11
416	415		the Disclosure Act for Public Initiatives, Referenda, and Measures Referred 12
417	416		to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for 13
418	417		Lobbyists and State and Local O fficials, § 21-8-401 et seq., § 21-8-601 et 14
419	418		seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901 et seq.; § 21-8-15
420	419		1001 et seq.; or Arkansas Constitution, Article 19, §§ 28 -30. 16
421	420		(ii) The Arkansas Ethics Commission shall adopt rules 17
422	421		governing the imposition of such fines in accordance with the provisions of 18
423	422		the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 19
424	423		(iii) All moneys received by the Arkansas Ethics 20
425	424		Commission in payment of fines shall be deposited into the State Treasury as 21
426	425		general revenues; 22
427	426		(C) Order the respondent to file or amend a statutorily 23
428	427		required disclosure form; or 24
429	428		(D)(i) Report its finding, along with such information and 25
430	429		documents as it deems appropriate, and make recommendations to the proper law 26
431	430		enforcement authorities. 27
432	431		(ii) When exercising the authority provided in this 28
433	432		subdivision (b)(4), the Arkansas Ethics Commission is not required to make a 29
434	433		finding of a violation of the laws under its jurisdiction. 30
435	434		(5)(A)(i) Except as provided in subdivision (b)(5)(A)(iii) of 31
436	435		this section, the Arkansas Ethics Commission shall complete its investigation 32
437	436		of a complaint filed pursuant to this section and take final action within 33
438	437		two hundred ten (210) days of the filing of the complaint. 34
439	438		(ii) Except as provided in subdivision (b)(5)(A)(iii) 35
440	439		of this section, if a hearing under subdivision (b)(2) of this section or 36 SB543
441	440
442	441		12 3/29/2023 5:33:37 PM MBM182
443	442
444	443
445	444		other hearing of adjudication is conducted, all action on the complaint by 1
446	445		the Arkansas Ethics Commission shall be completed wit hin two hundred forty 2
447	446		(240) days. 3
448	447		(iii) If the Arkansas Ethics Commission requires 4
449	448		additional time to complete its investigation under subdivision (b)(5)(A)(i) 5
450	449		of this section or to complete its hearing or action under subdivision 6
451	450		(b)(5)(A)(ii) of this section and gives written notice to the person who is 7
452	451		under investigation or the subject of the hearing or action, the Arkansas 8
453	452		Ethics Commission may extend the time to complete the investigation, hearing, 9
454	453		or action by no more than sixty (60) days. 10
455	454		(B) However, such time shall be tolled during the pendency 11
456	455		of any civil action, civil appeal, or other judicial proceeding involving 12
457	456		those particular Arkansas Ethics Commission proceedings. 13
458	457		(c) Any final action of the Arkansas Ethics Commission under this 14
459	458		section shall constitute an adjudication for purposes of judicial review 15
460	459		under § 25-15-212. 16
461	460		17
462	461		SECTION 11. EFFECTIVE DATE. This act shall be effective on and after 18
463	462		May 1, 2024. 19
464	463		20
465	464		21
466	465		22
467		-	~~APPROVED: 4/13/23~~ 23
	466	+	23
468	467		24
469	468		25
470	469		26
471	470		27
472	471		28
473	472		29
474	473		30
475	474		31
476	475		32
477	476		33
478	477		34
479	478		35
480	479		36