Arkansas 2025 Regular Session

Arkansas House Bill HB1896 Compare Versions

OldNewDifferences
11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 716 of the Regular Session
32 *LGL155* 03/27/2025 8:25:58 AM LGL155
43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 HOUSE BILL 1896 3
76 4
87 By: Representative B. McKenzie 5
98 By: Senator J. Dismang 6
109 7
1110 For An Act To Be Entitled 8
1211 AN ACT TO CREATE THE JUNK FEE ELIMINATING ACT OF 9
1312 2025; ABOLISH THE INFORMATION NETWORK OF ARKANSAS; TO 10
1413 TRANSFER ANY REMAINING DUTIES OF THE INFORMATION 11
1514 NETWORK OF ARKANSAS TO THE DIVISION OF INFORMATION 12
1615 SYSTEMS; AND FOR OTHER PURPOSES. 13
1716 14
1817 15
1918 Subtitle 16
2019 TO CREATE THE JUNK FEE ELIMINATING ACT 17
2120 OF 2025; TO ABOLISH THE INFORMATION 18
2221 NETWORK OF ARKANSAS; AND TO TRANSFER ANY 19
2322 REMAINING DUTIES OF THE INFORMATION 20
2423 NETWORK OF ARKANSAS TO THE DIVISION OF 21
2524 INFORMATION SYSTEMS. 22
2625 23
2726 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2827 25
2928 SECTION 1. DO NOT CODIFY. Title. 26
3029 This act shall be known and may be cited as the "Junk Fee Eliminating 27
3130 Act of 2025". 28
3231 29
3332 SECTION 2. DO NOT CODIFY. Abolition of Information Network of 30
3433 Arkansas. 31
3534 (a) The Information Network of Arkansas is abolished, and its 32
3635 authority, duties, function, records, contracts, personnel, property, and 33
3736 unexpended balances of appropriations, allocations, and other funds, 34
3837 including the functions of budgeting or purchasing are transferred to the 35
3938 Division of Information Systems. 36 HB1896
4039
4140 2 03/27/2025 8:25:58 AM LGL155
4241 (b) The Information Network of Arkansas's statutory powers, duties, 1
4342 and functions, including the functions of budgeting or purchasing, records, 2
4443 contracts, personnel, property, and unexpended balances of appropriations, 3
4544 allocations, and other funds are transferred to the Division of Information 4
4645 Systems. 5
4746 (c)(1) The abolishment of the Information Network of Arkansas does not 6
4847 affect the orders, rules, directives, registration, licensing, or standards 7
4948 made or promulgated by the Information Network of Arkansas before the 8
5049 effective date of this act. 9
5150 (2) The orders, rules, directives, registration, licensing, or 10
5251 standards of the Information Network of Arkansas shall continue to be in 11
5352 effect until they are amended or repealed under authority given by law. 12
5453 13
5554 SECTION 3. Arkansas Code § 12 -12-1507 is amended to read as follows: 14
5655 12-12-1507. Administration. 15
5756 (a)(1) Release of criminal history information under this subchapter 16
5857 shall be made only by the Identification Bureau of the Division of Arkansas 17
5958 State Police and the Arkansas Crime Information Center as authorized by law. 18
6059 (2) The Division of Arkansas State Police and the center may 19
6160 adopt rules consistent with the provisions and intent of this subchapter. 20
6261 (b) The division Division of Arkansas State Police and the center may 21
6362 contract with the Information Network of Arkansas under the Information 22
6463 Network of Arkansas Act, § 25-27-101 et seq., Division of Information Systems 23
6564 or any other qualified third -party vendor in the establishment of the gateway 24
6665 or means of electronically processing transactions under this subchapter. 25
6766 (c)(1) The division Division of Arkansas State Police shall not 26
6867 process a request for a Federal Bureau of Investigation background check 27
6968 unless a corresponding state background check through the Identification 28
7069 Bureau of the Division of Arkansas State Police has also been properly 29
7170 requested pursuant to this subchapter. 30
7271 (2) The requirements of subdivision (c)(1) of this section may be 31
7372 waived upon written authorization of the Director of the Division of Arkansas 32
7473 State Police. 33
7574 (d) The Division of Arkansas State Police automated fingerprint 34
7675 identification system may access and use the National Fingerprint File and 35
7776 Interstate Identification Index as provided by the Federal Bureau of 36 HB1896
7877
7978 3 03/27/2025 8:25:58 AM LGL155
8079 Investigation when the Arkansas Code authorizes a fingerprint -based Federal 1
8180 Bureau of Investigation check for a noncriminal justice purpose and a 2
8281 positive identification based on fingerprints is made. 3
8382 (e) A background check request for a noncriminal justice purpose that 4
8483 must be completed under state or federal law through the division Division of 5
8584 Arkansas State Police shall be submitted to the division Division of Arkansas 6
8685 State Police by electronic means through the Online Criminal Background Check 7
8786 System. 8
8887 9
8988 SECTION 4. Arkansas Code § 16 -92-118(a)-(d) are amended to read as 10
9089 follows: 11
9190 (a)(1) Notwithstanding § 16-13-709, the quorum court of each county of 12
9291 this state may delegate the responsibility for the electronic collection of 13
9392 fines assessed in a circuit court of this state within that county to the 14
9493 Administrative Office of the Courts or the Information Network of Arkansas . 15
9594 (2) Fines collected in each circuit court by the Administrative 16
9695 Office of the Courts or the Information Network of Arkansas shall be remitted 17
9796 by the fifth working day of the following month to the county official, 18
9897 agency, or department designated under § 16-13-709 as primarily responsible 19
9998 for the collection of fines assessed in that circuit court to be disbursed to 20
10099 the appropriate county fund, state entity, or state agency as provided by 21
101100 law. 22
102101 (b)(1) Notwithstanding § 16-13-709, the governing body or, if 23
103102 applicable and by mutual agreement, each governing body of a political 24
104103 subdivision that contributes to the expenses of a district court or the 25
105104 governing body of the city in which a city court is located may designate the 26
106105 responsibility for the electronic collection of fines assessed in that 27
107106 district court or that city court to the Administrative Office of the Courts 28
108107 or the Information Network of Arkansas . 29
109108 (2) Fines collected in each district court or each department of 30
110109 district court by the Administrative Office of the Courts or the Information 31
111110 Network of Arkansas shall be remitted by the fifth working day of the 32
112111 following month to the county or city official, agency, or department 33
113112 designated under § 16-13-709 as primarily responsible for the collection of 34
114113 fines assessed in that district court to be disbursed under § 16-17-707. 35
115114 (c) Fines collected in each city court by the Administrative Office of 36 HB1896
116115
117116 4 03/27/2025 8:25:58 AM LGL155
118117 the Courts or the Information Network of Arkansas shall be disbursed by the 1
119118 fifth working day of the following month to the city official, agency, or 2
120119 department designated under § 16-13-709 as primarily responsible for the 3
121120 collection of fines assessed in that city court to be disbursed to the 4
122121 general fund or other city fund, state agency, or state entity as provided by 5
123122 law. 6
124123 (d)(1) The Administrative Office of the Courts or the Information 7
125124 Network of Arkansas shall be allowed to charge a transaction fee for any 8
126125 electronic payment of a court -ordered fine by an approved credit card or 9
127126 debit card. 10
128127 (2) The fee provided for in subdivision (d)(1) of this section 11
129128 collected by the Administrative Office of the Courts shall be deposited by 12
130129 the fifth day of each month into the Judicial Fine Collection Enhancement 13
131130 Fund established by § 16 -13-712. 14
132131 15
133132 SECTION 5. Arkansas Code § 19 -5-1074 is repealed. 16
134133 19-5-1074. Information Network of Arkansas Fund. 17
135134 All moneys received by the Information Network of Arkansas from gifts, 18
136135 donations, grants, or any other sources available by law shall be deposited 19
137136 into the State Treasury and credited to the Information Network of Arkansas 20
138137 Fund, which is created on the books of the Treasurer of State, the Auditor of 21
139138 State, and the Chief Fiscal Officer of the State until expended or otherwise 22
140139 exhausted pursuant to the Information Network of Arkansas Act, § 25-27-101 et 23
141140 seq. 24
142141 25
143142 SECTION 6. Arkansas Code § 25 -27-101 is repealed. 26
144143 25-27-101. Title. 27
145144 This chapter may be cited as and shall be known as the “Information 28
146145 Network of Arkansas Act”. 29
147146 30
148147 SECTION 7. Arkansas Code § 25 -27-102 is amended to read as follows: 31
149148 25-27-102. Definitions 32
150149 As used in this chapter: 33
151150 (1) “Agency” means any agency, department, office, board, 34
152151 commission, public instrumentality, political subdivision, or any of the 35
153152 foregoing entities acting on behalf of the State of Arkansas which store, 36 HB1896
154153
155154 5 03/27/2025 8:25:58 AM LGL155
156155 gather, or generate public information; 1
157156 (2) “Gateway system” means any centralized electronic 2
158157 information system by which public information shall be disseminated or 3
159158 collected via the internet, dial-in modem, continuous link, or other 4
160159 electronic medium; and 5
161160 (3) “I.N.A.” means the Information Network of Arkansas, or, if 6
162161 the Information Network of Arkansas shall be abolished, the board, body, or 7
163162 commission succeeding to the principal functions thereof or to whom the 8
164163 powers given by this chapter to the Information Network of Arkansas shall be 9
165164 given by law; 10
166165 (4) “Network manager” means the entity or person designated by 11
167166 contractual obligation to establish, develop, operate, maintain, and expand 12
168167 the gateway system on behalf of the Information Network of Arkansas; 13
169168 (5)(3) “Public information” means any information stored, 14
170169 gathered, or generated in electronic or magnetic form by an agency, its 15
171170 agencies, or instrumentalities, which is included within the information 16
172171 deemed to be public pursuant to the Freedom of Information Act of 1967, § 25-17
173172 19-101 et seq., and other provisions of the Arkansas Code providing for 18
174173 release of information to the public at large to specified groups or 19
175174 recipients; and 20
176175 (6) “User association” means an association: 21
177176 (A) Whose membership is identifiable by regular payment of 22
178177 association dues and regularly maintained membership lists; 23
179178 (B) Which is registered with the Secretary of State as an 24
180179 Arkansas corporation; 25
181180 (C) Which exists for the purpose of advancing the common 26
182181 occupation or profession of its membership; and 27
183182 (D) Which, after the appointment of the initial Board of 28
184183 the Information Network of Arkansas, regularly promotes and encourages the 29
185184 subscription of its members to the gateway system developed by the 30
186185 Information Network of Arkansas . 31
187186 32
188187 SECTION 8. Arkansas Code § 25 -27-103 is repealed. 33
189188 25-27-103. Board. 34
190189 (a) There is created the Information Network of Arkansas, a public 35
191190 instrumentality carrying out an essential government function, which shall be 36 HB1896
192191
193192 6 03/27/2025 8:25:58 AM LGL155
194193 governed by a Board of the Information Network of Arkansas consisting of 1
195194 twelve (12) voting members, as follows: 2
196195 (1) The Director of the Arkansas Economic Development Commission 3
197196 or his or her designee; 4
198197 (2) The Secretary of State, or the Secretary of State's 5
199198 designee; 6
200199 (3) The Secretary of the Department of Finance and 7
201200 Administration, or his or her designee; 8
202201 (4) Two (2) members, or their designees, who are chief executive 9
203202 officers of agencies of the executive branch other than the Department of 10
204203 Finance and Administration and the Division of Information Systems, shall be 11
205204 appointed by the Governor; 12
206205 (5)(A)(i)(a) Four (4) members from user associations initially 13
207206 selected by the Governor shall be appointed by the Governor after consulting 14
208207 each user association. 15
209208 (b) Members appointed by the Governor under 16
210209 subdivision (a)(5)(A)(i)(a) of this section shall be subject to confirmation 17
211210 by the Senate. 18
212211 (ii) No two (2) members appointed pursuant to this 19
213212 subdivision (a)(5) shall be members of the same user association. 20
214213 (B) Such members shall serve staggered three -year terms; 21
215214 (6)(A) One (1) member who is a public library director appointed 22
216215 by the Governor after consulting the President of the Arkansas Library 23
217216 Association and subject to confirmation by the Senate. 24
218217 (B) The member shall serve a three -year term; 25
219218 (7)(A) One (1) member appointed by the Governor after consulting 26
220219 the Arkansas Bar Association and subject to confirmation by the Senate. 27
221220 (B) The member shall serve a three -year term; and 28
222221 (8) The Director of the Division of Information Systems, or the 29
223222 Director of the Division of Information Systems' designee. 30
224223 (b)(1) The board shall annually elect one (1) member from the board as 31
225224 chair of the board. 32
226225 (2) The board may also elect a vice chair and a secretary. 33
227226 (c)(1) Six (6) members of the board shall constitute a quorum, and the 34
228227 affirmative vote of six (6) members shall be necessary for any action taken 35
229228 by the board. 36 HB1896
230229
231230 7 03/27/2025 8:25:58 AM LGL155
232231 (2) No vacancy in the membership of the board shall impair the 1
233232 right of a quorum to exercise all rights and perform all the duties of the 2
234233 board. 3
235234 (d) The board shall meet at least semiannually. 4
236235 (e) Members of the board shall serve without compensation but shall be 5
237236 eligible to receive reimbursement for mileage and reimbursement for expenses 6
238237 in accordance with § 25 -16-902. 7
239238 8
240239 SECTION 9. Arkansas Code § 25 -27-104 is amended to read as follows: 9
241240 25-27-104. Duties. 10
242241 (a) The Information Network of Arkansas Division of Information 11
243242 Systems shall have the following duties: 12
244243 (1) To develop and implement an electronic gateway system to 13
245244 provide electronic access to members of the public to public information and 14
246245 to develop, implement, and promote the use of electronic commerce and digital 15
247246 signature applications within the state in cooperation with the Division of 16
248247 Information Systems; 17
249248 (2) To provide appropriate oversight of the network manager; 18
250249 (3)(A) To establish charges for the services provided by the 19
251250 division Information Network of Arkansas. 20
252251 (B) The Information Network of Arkansas shall on a 21
253252 quarterly basis submit a report of any change in charges for services to the: 22
254253 (i) Legislative Council; and 23
255254 (ii) Joint Committee on Advanced Communications and 24
256255 Information Technology ; and 25
257256 (4) To explore ways of expanding the amount and kind of public 26
258257 information provided, increasing the utility and form of the public 27
259258 information provided, and implement such changes as required to be consistent 28
260259 with the provisions of this chapter; 29
261260 (5)(3) To explore ways of improving citizen and business access 30
262261 to public information and, where appropriate, implementing such changes; 31
263262 (6) To explore ways of expanding a gateway system and its 32
264263 services to citizens and businesses by providing add -on services to the 33
265264 public, such as access to other for -profit information databases, electronic 34
266265 mail, and calendaring; 35
267266 (7) To serve in an advisory capacity to the Department of 36 HB1896
268267
269268 8 03/27/2025 8:25:58 AM LGL155
270269 Finance and Administration, the division, and other state agencies regarding 1
271270 the dissemination to and collection of state data for the citizens and 2
272271 businesses of Arkansas; 3
273272 (8) To seek advice from the general public, its subscribers, 4
274273 professional associations, academic groups, and institutions and individuals 5
275274 with knowledge or interest in computer networking, electronic mail, public 6
276275 information access, gateway services, add -on services, and electronic filing 7
277276 of information; and 8
278277 (9) To accept gifts, donations, and grants for the support of a 9
279278 gateway system in Arkansas. 10
280279 (b)(1) All state agencies shall participate with the Information 11
281280 Network of Arkansas division in providing assistance as may be requested for 12
282281 the achievement of its purpose of implementing this section . 13
283282 (2) Services and information to be provided by any agency shall 14
284283 be specified pursuant to a contract between the Information Network of 15
285284 Arkansas and such an agency. 16
286285 (3) Agencies may contract to recover from the Information 17
287286 Network of Arkansas costs incurred by providing such assistance to the 18
288287 Information Network of Arkansas. 19
289288 (4) The Information Network of Arkansas shall cooperate with the 20
290289 division to fulfill the purposes of the Arkansas Information Systems Act of 21
291290 1997, § 25-4-101 et seq. 22
292291 23
293292 SECTION 10. Arkansas Code § 25 -27-105 is repealed. 24
294293 25-27-105. Network manager. 25
295294 (a)(1) The Information Network of Arkansas shall procure a network 26
296295 manager after developing, in consultation with the Division of Information 27
297296 Systems, criteria and specifications for such a network manager and his or 28
298297 her duties. 29
299298 (2)(A) The Information Network of Arkansas may negotiate and 30
300299 enter into a contract with the network manager. 31
301300 (B) The contract shall specify the duties and 32
302301 responsibilities of the network manager and shall also include any other 33
303302 terms necessary to the agreement. 34
304303 (b) The network manager shall: 35
305304 (1) Direct and supervise the day -to-day operations and expansion 36 HB1896
306305
307306 9 03/27/2025 8:25:58 AM LGL155
308307 of the gateway system, including the initial phase of operations necessary to 1
309308 make the gateway system operational; 2
310309 (2) Attend meetings of the Information Network of Arkansas; 3
311310 (3) Keep a record of all gateway, network, and related 4
312311 operations of the Information Network of Arkansas. The records shall be the 5
313312 property of the Information Network of Arkansas; 6
314313 (4) Maintain and be a custodian of all financial and operational 7
315314 records, documents, and papers filed with the Information Network of 8
316315 Arkansas; 9
317316 (5) Update and revise on a yearly basis the business plan of the 10
318317 Information Network of Arkansas in consultation with and under the direction 11
319318 of the Information Network of Arkansas; 12
320319 (6) Submit to the Information Network of Arkansas quarterly 13
321320 financial reports, an annual audit, an annual report, and any other 14
322321 information requested by the Board of the Information Network of Arkansas; 15
323322 and 16
324323 (7) Perform other such activities or services as requested or 17
325324 authorized by the Information Network of Arkansas consistent with the 18
326325 provisions of this chapter. 19
327326 (c) The division may provide to the Information Network of Arkansas 20
328327 such staff and other assistance under contract. 21
329328 22
330329 SECTION 11. Arkansas Code § 27 -50-906(a)(2)(B), concerning fees 23
331330 charged under a central driver's records file, is repealed. 24
332331 (B) The Information Network of Arkansas may charge an 25
333332 additional fee under the Information Network of Arkansas Act, § 25 -27-101 et 26
334333 seq., for the service of transmitting this information electronically. 27
335334 28
336335 SECTION 12. Arkansas Code § 27 -50-906(c), concerning fees charged 29
337336 under a central driver's records file, is amended to read as follows: 30
338337 (c)(1)(A) The fee for an insured's or applicant's driver confirmation 31
339338 record shall be ten cents (10¢) per record. 32
340339 (B)(2) This The fee under subdivision (c)(1) of this section 33
341340 shall be deposited into the fund as a direct revenue to be used by the 34
342341 division. 35
343342 (2) The network may charge an additional fee under the 36 HB1896
344343
345344 10 03/27/2025 8:25:58 AM LGL155
346345 Information Network of Arkansas Act, § 25 -27-101 et seq., for the service of 1
347346 transmitting this information electronically. 2
348347 3
349348 SECTION 13. Arkansas Code § 27 -50-912(f)(4), concerning fees for the 4
350349 driver monitoring program report, is repealed. 5
351350 (4) The Information Network of Arkansas may charge insurers or 6
352351 their agents an additional fee under the Information Network of Arkansas Act, 7
353352 § 25-27-101 et seq., for transmitting a driver monitoring report 8
354353 electronically. 9
355354 10
356355 SECTION 14. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on 11
357356 and after January 1, 2026. 12
358357 13
359358 14
360-APPROVED: 4/16/25 15
359+ 15
361360 16
362361 17
363362 18
364363 19
365364 20
366365 21
367366 22
368367 23
369368 24
370369 25
371370 26
372371 27
373372 28
374373 29
375374 30
376375 31
377376 32
378377 33
379378 34
380379 35
381380 36