Stricken language would be deleted from and underlined language would be added to present law. *LGL037* 02/11/2025 2:56:28 PM LGL037 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1461 3 4 By: Representative L. Johnson 5 6 7 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 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING THE 15 EVALUATION OF NECESSITY OF VARIOUS 16 COMMISSIONS AND BOARDS. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 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 2 02/11/2025 2:56:28 PM LGL037 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 3 02/11/2025 2:56:28 PM LGL037 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 35 36