Arkansas 2025 Regular Session

Arkansas Senate Bill SB413 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 401 of the Regular Session
3	2		SSS148 03/10/2025 11:19:33 AM SSS148
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 413 3
7	6		4
8	7		By: Senator K. Hammer 5
9	8		By: Representative Hawk 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE LAW CONCERNING A SCHOOL DISTRICT 9
13	12		BOARD OF DIRECTORS; TO AMEND THE LAW CONCERNING THE 10
14	13		CERTIFICATION OF AN OATH FOR A SCHOOL BOARD DIRECTOR; 11
15	14		AND FOR OTHER PURPOSES. 12
16	15		13
17	16		14
18	17		Subtitle 15
19	18		TO AMEND THE LAW CONCERNING A SCHOOL 16
20	19		DISTRICT BOARD OF DIRECTORS; AND TO 17
21	20		AMEND THE LAW CONCERNING THE 18
22	21		CERTIFICATION OF AN OATH FOR A SCHOOL 19
23	22		BOARD DIRECTOR. 20
24	23		21
25	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
26	25		23
27	26		SECTION 1. Arkansas Code § 6 -13-617 is amended to read as follows: 24
28	27		6-13-617. Oath. [Effective May 1, 2024.] 25
29	28		(a)(1)(A) Each director shall, within ten (10) days after receiving 26
30	29		notice from the county clerk or his or her designee of his or her election or 27
31	30		within ten (10) days after receiving notice from the county clerk or his or 28
32	31		her designee of his or her appointment, subscribe to the following oath 29
33	32		before an individual authorized to administer oaths under § 21 -2-105: 30
34	33		“I, _____________, do hereby solemnly swear or affirm, that I 31
35	34		will support the United States Constitution and the Arkansas Constitution, 32
36	35		and that I will not be interested, directly or indirectly, in any contract 33
37	36		made by the district of which I am a director, except as permitted by state 34
38	37		law, that I shall abide by the ethical guidelines and prohibitions under § 6 -35
39	38		24-101 et seq., and that I will faithfully discharge the duties as school 36 SB413
40	39
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42	41		director in _____________ School District upon which I am about to enter. 1
43	42		_____________ 2
44	43		Director's Signature 3
45	44		_____________ 4
46	45		Administrator's Signature 5
47	46		_____________ 6
48	47		Date. 7
49	48		_____________ Accepted 8
50	49		_____________ Rejected 9
51	50		_____________ Reason for rejection 10
52	51		_____________ 11
53	52		County Clerk's Signature ”. 12
54	53		(B) The notification from the county clerk or his or her 13
55	54		designee shall indicate the date by which the oath shall be subscribed to 14
56	55		that the oath shall be subscribed to within ten (10) days after receiving 15
57	56		notice from the county clerk or his or her designee of the director's 16
58	57		election or appointment . 17
59	58		(2)(A) After the oath is administered, the director shall submit 18
60	59		a certification of the administration of the oath to the county clerk or his 19
61	60		or her designee. 20
62	61		(B) The certification of the administration of the oath 21
63	62		shall contain: 22
64	63		(i) A copy of the oath; 23
65	64		(ii) The director's signature; 24
66	65		(iii) The administrator's signature; and 25
67	66		(iv) The date. 26
68	67		(C) The certification of the administration of the oath 27
69	68		shall be submitted to the county clerk or his or her designee no later than 28
70	69		the close of business on the date indicated in the notification from the 29
71	70		county clerk under subdivision (a)(1) of this section ten (10) days after 30
72	71		receiving notice from the county clerk or his or her designee of the 31
73	72		director's election or appointment . 32
74	73		(b)(1) The county clerk or his or her designee, upon receipt of the 33
75	74		certification of the administration of the oath prescribed for a director, 34
76	75		shall immediately: commission the director, and the director shall 35
77	76		immediately assume his or her duties as a director. 36 SB413
78	77
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80	79		(A) Verify that the: 1
81	80		(i) Certification of the administration of the oath 2
82	81		was submitted on or before the close of business on the date indicated in the 3
83	82		notification from the county clerk or his or her designee under subdivision 4
84	83		(a)(1) of this section; and 5
85	84		(ii) Individual before whom the oath was subscribed 6
86	85		to is an individual authorized to administer oaths under § 21 -2-105; and 7
87	86		(B) Either: 8
88	87		(i) Accept the certification of the administration 9
89	88		of the oath if it complies with the requirements of this section; or 10
90	89		(ii) Reject the certification of the administration 11
91	90		of the oath if it does not comply with one (1) or more of the requirements of 12
92	91		this section. 13
93	92		(2)(A) Immediately following the acceptance of the certification 14
94	93		of the administration of the oath, the county clerk or his or her designee 15
95	94		shall: 16
96	95		(i) Commission the director; 17
97	96		(ii) Provide the director a copy of § 6 -24-101 et 18
98	97		seq.; and 19
99	98		(iii) Require the director to sign an 20
100	99		acknowledgement that he or she received a copy of § 6 -24-101 et seq. 21
101	100		(B) The term of the director shall begin upon the 22
102	101		receiving of the commission under subdivision (b)(2)(A)(i) of this section. 23
103	102		(3) (2) By the close of business of the day following the 24
104	103		receipt of the certification of the administration of the oath, the county 25
105	104		clerk or his or her designee shall either: 26
106	105		(A)(i) Notify the superintendent of the school district by 27
107	106		phone that the individual has subscribed to the director's oath and that the 28
108	107		county clerk has accepted the certification of the administration of the 29
109	108		oath; and 30
110	109		(ii)(B) Send a copy of the certificate of the 31
111	110		administration of the oath to the school district's central office within 32
112	111		five (5) days; or 33
113	112		(B) If the certification of the administration of the oath 34
114	113		has not been timely received or otherwise rejected by the county clerk or his 35
115	114		or her designee, notify the superintendent of the school district by phone of 36 SB413
116	115
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118	117		the rejection of the certification of the administration of the oath by the 1
119	118		close of business on the day following the date indicated in the notification 2
120	119		from the county clerk or his or her designee under subdivision (a)(1) of this 3
121	120		section. 4
122	121		(c) The failure of an elected director to have the oath administered 5
123	122		and submit proof that the oath was administered as required under subsection 6
124	123		(a) of this section will result in: 7
125	124		(1) The individual's not being qualified to serve for the 8
126	125		purpose of Arkansas Constitution, Article 19, § 5; and 9
127	126		(2) A holdover. 10
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130		-	~~APPROVED: 3/25/25~~ 13
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