Stricken language would be deleted from and underlined language would be added to present law. *MBM069* 01/14/2025 4:06:27 PM MBM069 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 63 3 4 By: Senator Hickey 5 By: Representative Wardlaw 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND ARKANSAS LAW CONCERNING REPORTS BY 9 THE SECRETARIES OF CABINET -LEVEL DEPARTMENTS ON THE 10 STATE OF THEIR DEPARTMENTS; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND ARKANSAS LAW CONCERNING REPORTS 15 BY THE SECRETARIES OF CABINET -LEVEL 16 DEPARTMENTS ON THE STATE OF THEIR 17 DEPARTMENTS. 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 25 -38-202(c), concerning the duties of the 22 Secretary of the Department of Agriculture, is repealed. 23 (c)(1) By November 1 of each odd -numbered year, the secretary shall 24 provide an oral report to the Legislative Council on the state of the 25 department. 26 (2) The Legislative Council shall schedule an appropriate date 27 and shall give notice thereof to the secretary of the date on which the 28 secretary is to appear before the Legislative Council to make his or her 29 report as required in this subsection. 30 31 SECTION 2. Arkansas Code § 25 -43-303(h), concerning the duties of the 32 Secretary of the Department of Commerce, is repealed. 33 (h)(1) By November 1 of each odd -numbered year, the secretary shall 34 provide an oral report to the Legislative Council on the state of the 35 Department of Commerce. 36 SB63 2 01/14/2025 4:06:27 PM MBM069 (2) The Legislative Council shall schedule an appropriate date 1 and shall give notice thereof to the secretary of the date on which the 2 secretary is to appear before the Legislative Council to make his or her 3 report as required in this subsection. 4 5 SECTION 3. Arkansas Code § 25 -43-403(d), concerning the duties of the 6 Secretary of the Department of Corrections, is repealed. 7 (d)(1) By November 1 of each odd -numbered year, the secretary shall 8 provide an oral report to the Legislative Council on the state of the 9 department. 10 (2) The Legislative Council shall schedule an appropriate date 11 and shall give notice thereof to the secretary of the date on which the 12 secretary is to appear before the Legislative Council to make his or her 13 report as required in this subsection. 14 15 SECTION 4. Arkansas Code § 25 -43-503 is amended to read as follows: 16 25-43-503. Secretary of the Department of Education. 17 (a) The executive head of the Department of Education shall be the 18 Secretary of the Department of Education. 19 (b) The secretary shall be appointed by the Governor, subject to 20 confirmation by the Senate, and shall serve at the pleasure of the Governor. 21 (c) Each division of the department shall be under the direction, 22 control, and supervision of the secretary. 23 (d)(1) The secretary may delegate his or her functions, powers, and 24 duties to various divisions or employees of the department as he or she shall 25 deem desirable and necessary for the effective and efficient operation of the 26 department. 27 (2)(A) The secretary may appoint a designee to appear on behalf 28 of the secretary at a meeting of a board or commission of which the secretary 29 is a member in his or her official capacity as secretary. 30 (B) The designee of the secretary may vote on behalf of 31 the secretary. 32 (e) The secretary may, unless otherwise provided by law: 33 (1) Hire department personnel; 34 (2) Perform or assign duties assigned to the department; and 35 (3) Serve as the director, or the administrative or executive 36 SB63 3 01/14/2025 4:06:27 PM MBM069 head of any state entity under the administrative control of the department 1 if the secretary also meets all statutory requirements for the position. 2 (f)(1) By November 1 of each odd -numbered year, the secretary shall 3 provide an oral report to the Legislative Council on the state of the 4 department. 5 (2) The Legislative Council shall schedule an appropriate date 6 and shall give notice thereof to the secretary of the date on which the 7 secretary is to appear before the Legislative Council to make his or her 8 report as required in this subsection. 9 (g)(f) The appropriation for the salary of the secretary shall be the 10 sole and exclusive authority for his or her salary. 11 (h)(g) The secretary shall: 12 (1) Devote all of his or her working time exclusively to the 13 performance of his or her duties as secretary; 14 (2) Not accept any additional salary from any other source, 15 including without limitation a state, federal, or private entity or person, 16 for the performance of his or her duties as secretary; and 17 (3) Not accept any salary, fees, or compensation from any other 18 source, including without limitation a state, federal, or private entity or 19 person, for any other employment of any kind outside the scope of his or her 20 duties as secretary, including without limitation consulting work for any 21 other public or private entity. 22 (i)(h) This section does not prohibit the secretary from accepting or 23 receiving expense reimbursements and employee benefits as provided under 24 state law. 25 26 SECTION 5. Arkansas Code § 25 -43-603(f), concerning the duties of the 27 Secretary of the Department of Energy and Environment, is repealed. 28 (f)(1) By November 1 of each odd -numbered year, the secretary shall 29 provide an oral report to the Legislative Council on the state of the 30 department. 31 (2) The Legislative Council shall schedule an appropriate date 32 and shall give notice thereof to the secretary of the date on which the 33 secretary is to appear before the Legislative Council to make his or her 34 report as required in this subsection. 35 36 SB63 4 01/14/2025 4:06:27 PM MBM069 SECTION 6. Arkansas Code § 25 -43-703(f), concerning the duties of the 1 Secretary of the Department of Finance and Administration, is repealed. 2 (f)(1) By November 1 of each odd -numbered year, the secretary shall 3 provide an oral report to the Legislative Council on the state of the 4 department. 5 (2) The Legislative Council shall schedule an appropriate date 6 and shall give notice thereof to the secretary of the date on which the 7 secretary is to appear before the Legislative Council to make his or her 8 report as required in this subsection. 9 10 SECTION 7. Arkansas Code § 25 -43-803(f), concerning the duties of the 11 Secretary of the Department of Health, is repealed. 12 (f)(1) By November 1 of each odd -numbered year, the secretary shall 13 provide an oral report to the Legislative Council on the state of the 14 department. 15 (2) The Legislative Council shall schedule an appropriate date 16 and shall give notice thereof to the secretary of the date on which the 17 secretary is to appear before the Legislative Council to make his or her 18 report as required in this subsection. 19 20 SECTION 8. Arkansas Code § 25 -43-903(f), concerning the duties of the 21 Secretary of the Department of Human Services, is repealed. 22 (f)(1) By November 1 of each odd -numbered year, the secretary shall 23 provide an oral report to the Legislative Council on the state of the 24 department. 25 (2) The Legislative Council shall schedule an appropriate date 26 and shall give notice thereof to the secretary of the date on which the 27 secretary is to appear before the Legislative Council to make his or her 28 report as required in this subsection. 29 30 SECTION 9. Arkansas Code § 25 -43-1003 is amended to read as follows: 31 25-43-1003. Secretary of Department of Inspector General. 32 (a) The executive head of the Department of Inspector General shall be 33 the Secretary of the Department of Inspector General. 34 (b) The secretary shall be appointed by the Governor, subject to 35 confirmation by the Senate, and shall serve at the pleasure of the Governor. 36 SB63 5 01/14/2025 4:06:27 PM MBM069 (c) Each division of the department shall be under the direction, 1 control, and supervision of the secretary. 2 (d) The secretary may delegate his or her functions, powers, and 3 duties to various divisions or employees of the department as he or she shall 4 deem desirable and necessary for the effective and efficient operation of the 5 department. 6 (e) The secretary may, unless otherwise provided by law: 7 (1) Hire department personnel; 8 (2) Perform or assign duties assigned to the department; and 9 (3) Serve as the director or the administrative or executive 10 head of any state entity under the administrative control of the department 11 if the secretary also meets all statutory requirements for the position. 12 (f) The secretary has the authority to direct the department as 13 necessary to conduct and supervise activities to prevent, detect, and 14 investigate fraud and abuse. 15 (g)(1) By November 1 of each odd -numbered year, the secretary shall 16 provide an oral report to the Legislative Council on the state of the 17 department. 18 (2) The Legislative Council shall schedule an appropriate date 19 and shall give notice thereof to the secretary of the date on which the 20 secretary is to appear before the Legislative Council to make his or her 21 report as required in this subsection. 22 (h)(g) The secretary shall appear at the request of the General 23 Assembly or the Legislative Council to provide information concerning the Tax 24 Appeals Commission or the Independent Tax Appeals Commission Act, § 26 -18-25 1101 et seq. 26 27 SECTION 10. Arkansas Code § 25 -43-1103(f), concerning the duties of 28 the Secretary of the Department of Labor and Licensing, is repealed. 29 (f)(1) By November 1 of each odd -numbered year, the secretary shall 30 provide an oral report to the Legislative Council on the state of the 31 department. 32 (2) The Legislative Council shall schedule an appropriate date 33 and shall give notice thereof to the secretary of the date on which the 34 secretary is to appear before the Legislative Council to make his or her 35 report as required in this subsection. 36 SB63 6 01/14/2025 4:06:27 PM MBM069 1 SECTION 11. Arkansas Code § 25 -43-1203(g), concerning the duties of 2 the Secretary of the Department of the Military, is repealed. 3 (g)(1) By November 1 of each odd -numbered year, the secretary shall 4 provide an oral report to the Legislative Council on the state of the 5 department. 6 (2) The Legislative Council shall schedule an appropriate date 7 and shall give notice thereof to the secretary of the date on which the 8 secretary is to appear before the Legislative Council to make his or her 9 report as required in this subsection. 10 11 SECTION 12. Arkansas Code § 25 -43-1303(f), concerning the duties of 12 the Secretary of the Department of Parks, Heritage, and Tourism, is repealed. 13 (f)(1) By November 1 of each odd -numbered year, the secretary shall 14 provide an oral report to the Legislative Council on the state of the 15 department. 16 (2) The Legislative Council shall schedule an appropriate date 17 and shall give notice thereof to the secretary of the date on which the 18 secretary is to appear before the Legislative Council to make his or her 19 report as required in this subsection. 20 21 SECTION 13. Arkansas Code § 25 -43-1403(f), concerning the duties of 22 the Secretary of the Department of Public Safety, is repealed. 23 (f)(1) By November 1 of each odd -numbered year, the secretary shall 24 provide an oral report to the Legislative Council on the state of the 25 department. 26 (2) The Legislative Council shall schedule an appropriate date 27 and shall give notice thereof to the secretary of the date on which the 28 secretary is to appear before the Legislative Council to make his or her 29 report as required in this subsection. 30 31 SECTION 14. Arkansas Code § 25 -43-1503(f), concerning the duties of 32 the Secretary of the Department of Transportation and Shared Services, is 33 repealed. 34 (f)(1) By November 1 of each odd -numbered year, the secretary shall 35 provide an oral report to the Legislative Council on the state of the 36 SB63 7 01/14/2025 4:06:27 PM MBM069 department. 1 (2) The Legislative Council shall schedule an appropriate date 2 and shall give notice thereof to the secretary of the date on which the 3 secretary is to appear before the Legislative Council to make his or her 4 report as required in this subsection. 5 6 SECTION 15. Arkansas Code § 25 -43-1604(k), concerning the duties of 7 the Secretary of the Department of Veteran Affairs, is repealed. 8 (k)(1) By November 1 of each odd -numbered year, the secretary shall 9 provide an oral report to the Legislative Council on the state of the 10 department. 11 (2) The Legislative Council shall schedule an appropriate date 12 and shall give notice thereof to the secretary of the date on which the 13 secretary is to appear before the Legislative Council to make his or her 14 report as required in this subsection. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36