1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *LGL037* 02/11/2025 2:56:28 PM LGL037 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1461 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative L. Johnson 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING THE EVALUATION OF 9 |
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12 | 12 | | NECESSITY OF VARIOUS COMMISSIONS AND BOARDS; AND FOR 10 |
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13 | 13 | | OTHER PURPOSES. 11 |
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14 | 14 | | 12 |
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15 | 15 | | 13 |
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16 | 16 | | Subtitle 14 |
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17 | 17 | | TO AMEND THE LAW CONCERNING THE 15 |
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18 | 18 | | EVALUATION OF NECESSITY OF VARIOUS 16 |
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19 | 19 | | COMMISSIONS AND BOARDS. 17 |
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20 | 20 | | 18 |
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21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
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22 | 22 | | 20 |
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23 | 23 | | SECTION 1. Arkansas Code § 25-1-106 is amended to read as follows: 21 |
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24 | 24 | | 25-1-106. Evaluation of necessity of various commissions and boards — 22 |
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25 | 25 | | Definitions. 23 |
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26 | 26 | | (a) For purposes of this section: 24 |
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27 | 27 | | (1) “Constitutional board or commission” means the Arkansas 25 |
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28 | 28 | | State Game and Fish Commission, the State Highway Commission, and all boards 26 |
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29 | 29 | | or commissions charged with the management or control of all charitable, 27 |
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30 | 30 | | penal or correctional institutions, or institutions of higher learning under 28 |
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31 | 31 | | Arkansas Constitution, Amendment 33; and 29 |
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32 | 32 | | (2) “State board or commission” means every state board, 30 |
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33 | 33 | | commission, committee, council, task force, and similar entity created by the 31 |
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34 | 34 | | General Assembly except: 32 |
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35 | 35 | | (A) A constitutional board or commission; and 33 |
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36 | 36 | | (B) An entity of the General Assembly. 34 |
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37 | 37 | | (b) A state board or commission that has not convened a meeting or has 35 |
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38 | 38 | | convened without a quorum for two (2) consecutive regularly scheduled meeting 36 HB1461 |
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39 | 39 | | |
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40 | 40 | | 2 02/11/2025 2:56:28 PM LGL037 |
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41 | 41 | | dates within the preceding two -year period shall vote to elect a new chair 1 |
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42 | 42 | | and vice chair. 2 |
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43 | 43 | | (c)(1) A state board or commission or an advisory council that has no 3 |
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44 | 44 | | powers or duties prescribed by law and that has not convened a meeting or has 4 |
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45 | 45 | | convened without a quorum within the preceding two -year period shall be 5 |
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46 | 46 | | abolished. 6 |
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47 | 47 | | (2) Upon abolition of a state board or commission or an advisory 7 |
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48 | 48 | | council under subdivision (c)(1) of this section, the controlling agency or 8 |
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49 | 49 | | department of the board, commission, or advisory council shall report the 9 |
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50 | 50 | | abolition to the Legislative Council before the next meeting of the 10 |
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51 | 51 | | Legislative Council. 11 |
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52 | 52 | | (c)(1) (d)(1) If a state board or commission has not convened a 12 |
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53 | 53 | | regularly scheduled meeting or has convened without a quorum for four (4) 13 |
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54 | 54 | | consecutive regularly scheduled meeting dates within the preceding two -year 14 |
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55 | 55 | | period, the Joint Performance Review Committee shall reevaluate the purpose, 15 |
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56 | 56 | | need, and effectiveness of the state board or commission. 16 |
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57 | 57 | | (2) The Joint Performance Review Committee shall report its 17 |
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58 | 58 | | findings and any recommendations concerning the existence of the state board 18 |
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59 | 59 | | or commission to the Legislative Council no later than December 1 of each 19 |
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60 | 60 | | even-numbered year and shall draft legislation to implement the 20 |
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61 | 61 | | recommendations. 21 |
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62 | 62 | | (d)(1) (e)(1) No later than August 1 of each even -numbered year, each 22 |
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63 | 63 | | state board and commission shall provide the Joint Performance Review 23 |
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64 | 64 | | Committee with a report of the regularly scheduled meeting dates for the 24 |
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65 | 65 | | state board or commission for the previous two (2) fiscal years, including 25 |
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66 | 66 | | the attendance record of each member and the number of meetings that were 26 |
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67 | 67 | | convened. 27 |
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68 | 68 | | (2) If a state board or commission, other than a constitutional 28 |
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69 | 69 | | board or commission, has not submitted the report required in subdivision 29 |
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70 | 70 | | (d)(1) (e)(1) of this section to the Joint Performance Review Committee by 30 |
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71 | 71 | | August 1 of each even -numbered year, the authority of the state board or 31 |
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72 | 72 | | commission may shall be suspended on August 1 of the even -numbered year by 32 |
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73 | 73 | | the Joint Performance Review Committee at the next Joint Performance Review 33 |
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74 | 74 | | Committee meeting, and the state board or commission may shall not take any 34 |
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75 | 75 | | action, including the expenditure of funds, until the report required in 35 |
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76 | 76 | | subdivision (d)(1) (e)(1) of this section is provided to the Joint 36 HB1461 |
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77 | 77 | | |
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79 | 79 | | Performance Review Committee. 1 |
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80 | 80 | | (3) If a state board or commission, other than a constitutional 2 |
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81 | 81 | | board or commission, has not submitted the report required in subdivision 3 |
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82 | 82 | | (d)(1) (e)(1) of this section to the Joint Performance Review Committee by 4 |
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83 | 83 | | December 1 of the even -numbered year, the Joint Performance Review Committee 5 |
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84 | 84 | | may shall direct the Bureau of Legislative Research to draft legislation 6 |
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85 | 85 | | that: 7 |
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86 | 86 | | (A) Abolishes the state board or commission upon sine die 8 |
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87 | 87 | | adjournment of the next regular session of the General Assembly; 9 |
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88 | 88 | | (B) Allows the reversion of all authority of the state 10 |
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89 | 89 | | board or commission to the General Assembly or to the General Assembly's 11 |
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90 | 90 | | designee; and 12 |
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91 | 91 | | (C) Requires all funds, income, and revenue to revert to 13 |
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92 | 92 | | the General Revenue Fund Account or other fund or account as provided by the 14 |
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93 | 93 | | General Assembly. 15 |
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94 | 94 | | (4) This section does not prohibit the General Assembly from: 16 |
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95 | 95 | | (A) Abolishing a state board or commission, other than a 17 |
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96 | 96 | | constitutional board or commission, that has submitted a report; or 18 |
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97 | 97 | | (B) Considering any other legislation relative to a state 19 |
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98 | 98 | | agency subject to this chapter. 20 |
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99 | 99 | | (5) Except as otherwise provided, abolition of a state board or 21 |
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100 | 100 | | commission does not affect rights and duties that mature, penalties that were 22 |
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101 | 101 | | incurred, civil or criminal liabilities that arose, or proceedings that were 23 |
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102 | 102 | | begun before the effective date of the abolition of the state board or 24 |
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103 | 103 | | commission. 25 |
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104 | 104 | | (e)(1) (f)(1) If a constitutional board or commission has not convened 26 |
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105 | 105 | | a regularly scheduled meeting or has convened without a quorum for four (4) 27 |
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106 | 106 | | consecutive, regularly scheduled meeting dates within the preceding two -year 28 |
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107 | 107 | | period, the Joint Performance Review Committee shall reevaluate the purpose, 29 |
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108 | 108 | | need, and effectiveness of the constitutional board or commission. 30 |
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109 | 109 | | (2) The Joint Performance Review Committee shall report its 31 |
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110 | 110 | | findings and any recommendations concerning the constitutional board or 32 |
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111 | 111 | | commission to the Legislative Council no later than December 1 of each even -33 |
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112 | 112 | | numbered year and may draft legislation to implement the recommendations. 34 |
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113 | 113 | | 35 |
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114 | 114 | | 36 |
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