Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1461 Draft / Bill

Filed 02/12/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1461 3 
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By: Representative L. Johnson 5 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING THE EVALUATION OF 9 
NECESSITY OF VARIOUS COMMISSIONS AND BOARDS; AND FOR 10 
OTHER PURPOSES. 11 
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Subtitle 14 
TO AMEND THE LAW CONCERNING THE 15 
EVALUATION OF NECESSITY OF VARIOUS 16 
COMMISSIONS AND BOARDS. 17 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
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 SECTION 1.  Arkansas Code § 25-1-106 is amended to read as follows: 21 
 25-1-106.  Evaluation of necessity of various commissions and boards — 22 
Definitions. 23 
 (a)  For purposes of this section: 24 
 (1)  “Constitutional board or commission” means the Arkansas 25 
State Game and Fish Commission, the State Highway Commission, and all boards 26 
or commissions charged with the management or control of all charitable, 27 
penal or correctional institutions, or institutions of higher learning under 28 
Arkansas Constitution, Amendment 33; and 29 
 (2)  “State board or commission” means every state board, 30 
commission, committee, council, task force, and similar entity created by the 31 
General Assembly except: 32 
 (A)  A constitutional board or commission; and 33 
 (B)  An entity of the General Assembly. 34 
 (b)  A state board or commission that has not convened a meeting or has 35 
convened without a quorum for two (2) consecutive regularly scheduled meeting 36    	HB1461 
 
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dates within the preceding two -year period shall vote to elect a new chair 1 
and vice chair. 2 
 (c)(1)  A state board or commission or an advisory council that has no 3 
powers or duties prescribed by law and that has not convened a meeting or has 4 
convened without a quorum within the preceding two -year period shall be 5 
abolished. 6 
 (2)  Upon abolition of a state board or commission or an advisory 7 
council under subdivision (c)(1) of this section, the controlling agency or 8 
department of the board, commission, or advisory council shall report the 9 
abolition to the Legislative Council before the next meeting of the 10 
Legislative Council. 11 
 (c)(1) (d)(1) If a state board or commission has not convened a 12 
regularly scheduled meeting or has convened without a quorum for four (4) 13 
consecutive regularly scheduled meeting dates within the preceding two	-year 14 
period, the Joint Performance Review Committee shall reevaluate the purpose, 15 
need, and effectiveness of the state board or commission. 16 
 (2)  The Joint Performance Review Committee shall report its 17 
findings and any recommendations concerning the existence of the state board 18 
or commission to the Legislative Council no later than December 1 of each 19 
even-numbered year and shall draft legislation to implement the 20 
recommendations. 21 
 (d)(1) (e)(1) No later than August 1 of each even -numbered year, each 22 
state board and commission shall provide the Joint Performance Review 23 
Committee with a report of the regularly scheduled meeting dates for the 24 
state board or commission for the previous two (2) fiscal years, including 25 
the attendance record of each member and the number of meetings that were 26 
convened. 27 
 (2)  If a state board or commission, other than a constitutional 28 
board or commission, has not submitted the report required in subdivision 29 
(d)(1) (e)(1) of this section to the Joint Performance Review Committee by 30 
August 1 of each even -numbered year, the authority of the state board or 31 
commission may shall be suspended on August 1 of the even -numbered year by 32 
the Joint Performance Review Committee at the next Joint Performance Review 33 
Committee meeting, and the state board or commission may shall not take any 34 
action, including the expenditure of funds, until the report required in 35 
subdivision (d)(1) (e)(1) of this section is provided to the Joint 36    	HB1461 
 
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Performance Review Committee. 1 
 (3)  If a state board or commission, other than a constitutional 2 
board or commission, has not submitted the report required in subdivision 3 
(d)(1) (e)(1) of this section to the Joint Performance Review Committee by 4 
December 1 of the even -numbered year, the Joint Performance Review Committee 5 
may shall direct the Bureau of Legislative Research to draft legislation 6 
that: 7 
 (A)  Abolishes the state board or commission upon sine die 8 
adjournment of the next regular session of the General Assembly; 9 
 (B)  Allows the reversion of all authority of the state 10 
board or commission to the General Assembly or to the General Assembly's 11 
designee; and 12 
 (C)  Requires all funds, income, and revenue to revert to 13 
the General Revenue Fund Account or other fund or account as provided by the 14 
General Assembly. 15 
 (4)  This section does not prohibit the General Assembly from: 16 
 (A)  Abolishing a state board or commission, other than a 17 
constitutional board or commission, that has submitted a report; or 18 
 (B)  Considering any other legislation relative to a state 19 
agency subject to this chapter. 20 
 (5)  Except as otherwise provided, abolition of a state board or 21 
commission does not affect rights and duties that mature, penalties that were 22 
incurred, civil or criminal liabilities that arose, or proceedings that were 23 
begun before the effective date of the abolition of the state board or 24 
commission. 25 
 (e)(1) (f)(1) If a constitutional board or commission has not convened 26 
a regularly scheduled meeting or has convened without a quorum for four (4) 27 
consecutive, regularly scheduled meeting dates within the preceding two	-year 28 
period, the Joint Performance Review Committee shall reevaluate the purpose, 29 
need, and effectiveness of the constitutional board or commission. 30 
 (2)  The Joint Performance Review Committee shall report its 31 
findings and any recommendations concerning the constitutional board or 32 
commission to the Legislative Council no later than December 1 of each even	-33 
numbered year and may draft legislation to implement the recommendations. 34 
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