Arkansas 2025 Regular Session

Arkansas House Bill HB1666 Latest Draft

Bill / Chaptered Version Filed 04/21/2025

                            Stricken language would be deleted from and underlined language would be added to present law. 
Act 656 of the Regular Session 
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State of Arkansas 	As Engrossed:  S4/8/25   1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1666 3 
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By: Representative S. Meeks 5 
By: Senator K. Hammer 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING THE ARKANSAS SELF -9 
FUNDED CYBER RESPONSE PROGRAM; AND FOR OTHER 10 
PURPOSES. 11 
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Subtitle 14 
TO AMEND THE LAW CONCERNING THE ARKANSAS 15 
SELF-FUNDED CYBER RESPONSE PROGRAM. 16 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 
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 SECTION 1.  Arkansas Code § 21 -2-803 is amended to read as follows: 20 
 21-2-803.  Definitions. 21 
 As used in this subchapter: 22 
 (1)  “County” means any county of this state; 23 
 (2)  “Cyber response contact” means a person or entity designated 24 
by the Arkansas Cyber Response Board to be the initial contact for a 25 
participating governmental entity that is the subject of a cyberattack; 26 
 (3)(A)  “Cyber response panel” means a group of entities, each of 27 
which has been procured through state procurement and approved by the board, 28 
which can be activated by the cyber response contact to assist the 29 
participating governmental entity with forensic analysis, restoration 30 
guidance, and other board -authorized assistance following a cyberattack. 31 
 (B)  “Cyber response panel” may include an entity that is 32 
owned or managed by the government; 33 
 (4) “Higher education entity” means a: 34 
 (A)  State-supported college, university, technical 35 
college, community college, or other institution of higher education; or 36  As Engrossed:  S4/8/25 	HB1666 
 
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 (B)  Department, division, or agency of a state institution 1 
of higher education; 2 
 (5)(4) “Money” means: 3 
 (A)  Currency, coins, and bank notes in current use and 4 
having a face value; and 5 
 (B)  Travelers' checks, register checks, and money orders 6 
held for sale to the general public; 7 
 (6)(5) “Municipality” means: 8 
 (A)  A city of the first class; 9 
 (B)  A city of the second class; or 10 
 (C)  An incorporated town; 11 
 (7)(6) “Participating governmental entity” means a: 12 
 (A)  County; 13 
 (B)  Municipality; or 14 
 (C)  School district; 15 
 (8)(7) “Property other than money and securities” means any 16 
tangible property, other than money and securities, that has intrinsic value; 17 
and 18 
 (9)(8) “School district” means a school district or open -19 
enrollment public charter school in this state. 20 
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 SECTION 2.  Arkansas Code § 21 -2-804(a), concerning the establishment 22 
of the Arkansas Self -Funded Cyber Response Program, is amended to add an 23 
additional subdivision to read as follows: 24 
 (4)  The program shall be: 25 
 (A)  Secondary to any insurance a participating 26 
governmental entity may have; and 27 
 (B)  Used to reimburse a participating governmental entity 28 
for losses as detailed in this subchapter. 29 
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 SECTION 3.  Arkansas Code § 21 -2-804(e), concerning the scope of 31 
coverage of the Arkansas Self -Funded Cyber Response Program, is repealed. 32 
      (e)  A participating governmental entity is legally liable for damages 33 
as a result of: 34 
           (1)  The deprivation or violation of a civil right of an 35 
individual by a public official or public employee; or 36  As Engrossed:  S4/8/25 	HB1666 
 
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           (2)  The tortious conduct of a public official or public employee. 1 
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 SECTION 4.  Arkansas Code § 21 -2-805(a)(2), concerning the Arkansas 3 
Cyber Response Board, is amended to read as follows: 4 
           (2)  The member under subdivision (a)(1)(F) (a)(1)(E) of this 5 
section shall be a nonvoting board member. 6 
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 SECTION 5.  Arkansas Code § 21 -2-805(b), concerning the Arkansas Cyber 8 
Response Board, is amended to read as follows: 9 
      (b)  The board shall: 10 
           (1)(A)  Establish a definition of a cyberattack that will be 11 
covered under the Arkansas Self -Funded Cyber Response Program based on 12 
industry standards. 13 
                (B)  The definition of a cyberattack established under 14 
subdivision (b)(1)(A) of this section shall be reviewed annually and updated 15 
as necessary by the board; 16 
           (2)  Establish minimum cybersecurity standards for participating 17 
governmental entities; 18 
           (3)  Determine a maximum amount of program coverage, not to exceed 19 
fifty thousand dollars ($50,000), for participating governmental entities 20 
that have not met the minimum cybersecurity standards established by the 21 
board under this section; 22 
           (4)  Create a cyber response panel; 23 
           (5)(A)(4)(A) Designate a cyber response contact. 24 
                (B) The cyber response contact may select an entity from the 25 
cyber response panel to assist with forensic analysis, restoration guidance, 26 
and other board-authorized assistance to the participating governmental 27 
entity. 28 
                (C) The cyber response contact shall provide to the board: 29 
                    (i) Prompt notice detailing the cyberattack; and 30 
                    (ii) A detailed report of the action that is being 31 
taken; and 32 
           (6)(5) Promulgate rules and procedures regarding utilization of 33 
the program by participating governmental entities to generally align with 34 
the following procedures: 35 
                (A) Upon discovery of a cyberattack, a participating 36  As Engrossed:  S4/8/25 	HB1666 
 
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governmental entity shall notify the cyber response contact designated by the 1 
board; 2 
                (B)(i)  The cyber response contact shall make a determination 3 
of program coverage in consultation with the board, if feasible. 4 
                    (ii)  If consultation with the board is not feasible 5 
under subdivision (b)(6)(B)(i) (b)(5)(B)(i) of this section due to the timing 6 
of the cyberattack, then the cyber response contact shall review and evaluate 7 
criteria established by the board to make a determination of program 8 
coverage.; 9 
                (C)  The cyber response contact shall notify the board once 10 
the cyber response contact has made a determination of program coverage; and 11 
                (D)  Any other procedures that the board deems necessary to 12 
carry out this subchapter. 13 
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/s/S. Meeks 15 
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APPROVED: 4/16/25 18 
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