ark-code-ann-25-19-105-2025-2026-annotated-laws

# Ark. Code Ann. § 25-19-105 (2025-2026 annotated laws) / Ark. Code Ann. § 25-19-109 (special electronic requests) > *Archived legal-authority source. The public original was independently acquired and preserved on 2026-08-10.* ## Source metadata - **Publisher or court:** Arkansas State Library / Arkansas government - **URL:** https://media.ark.org/statelibrary/AR-Public-Library-Laws-Annotated-2025-2026.pdf - **Resolved URL:** https://media.ark.org/statelibrary/AR-Public-Library-Laws-Annotated-2025-2026.pdf - **Archived:** 2026-08-10, from unauthenticated public access - **Wayback snapshot:** save failed 2026-08-10; retry pending - **Source class:** primary public record or court opinion ## Proposition boundary Existing/readily convertible records, fees, three-working-day storage rule, segregation, and no creation duty. Discretionary compilation/tailoring and personnel charges above two hours when the custodian agrees. ## Extract ### Page 1 2025-2026 EDITION Arkansas Public Library Laws Annotated ### Page 2 ARKANSAS PUBLIC LIBRARY LAWS ANNOTATED 2025-2026 EDITION Provided by the Arkansas State Library ### Page 3 © 2025 by the State of Arkansas. All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a ȱȱȱȱȱǯǰȱȱȱǯȱĴ ȱȱȱȱ ȱȱȱĴ ȱȱȱǯ (Pub. 20600) QUESTIONS ABOUT THIS PUBLICATION? For CUSTOMER SERVICE ASSISTANCE concerning replacement pages, ǰȱǰȱȱǰȱȱȱĴǰ please contact Customer Support at our self-service portal available 24/7 at supportcenter.lexisnexis.com/app/print or call us at 800-833-9844 For EDITORIAL content questions concerning this publication, please email: [email protected] For information on other LEXISNEXIS MATTHEW BENDER publications, please call us at 877-394-8826 or visit our online bookstore at www.lexisnexis.com/bookstore Ĵ ȱȱǭȱ¢ǰȱǯ ȱĜ 9443 Springboro Pike Miamisburg, OH 45342 800-833-9844 www.lexisnexis.com ### Page 4 iii Introduction This volume of Arkansas Public Library Laws Annotated, 2025 Edition, is meant to serve as a convenient resource of key Arkansas statutes related to libraries. The statutes cited are current through the conclusion of the 2025 Regular Session of the 95th General Assembly. This edition is available in print and as on online PDF through the Arkansas State Library’s website, https://library.arkansas.gov/. Arkansas Public Library Laws Annotated, 2025 Edition, is provided to serve as a reference volume for general informational purposes only, and is not meant to be an exhaustive compilation of all statutes that may be relevant to public libraries. Libraries are strongly encouraged to consult with and engage an attorney on any questions of law. During the Regular Session of the 94th General Assembly in 2023, § 13-2-106 ZDVFRGL¿HGDVDSDUWRI$FW2Q'HFHPEHU6HFWLRQVDQGLQ- FOXGLQJRI$FWZHUHSHUPDQHQWO\HQMRLQHGIURPEHLQJHQIRUFHG As of the publication of this volume, the ruling is being appealed in the 8th U.S. Circuit Court of Appeals. Sections of the Arkansas Code included in this volume UHÀHFWOHJLVODWLYHDFWLRQVDQGHGLWVPDGHXQGHUWKHDXWKRULW\RIWKH$UNDQVDV &RGH5HYLVLRQ&RPPLVVLRQDQG7KLVYROXPHGRHVQRWUHÀHFWMXGLFLDO actions. Code is removed from inclusion only if it is repealed or expired. Judicial DFWLRQVDSSHDULQWKHFDVHQRWHVEXWKDYHQREHDULQJRQWKHFRGL¿FDWLRQ Funding for this publication is made possible by a grant from the U.S. Institute of Museum and Library Services to the Arkansas State Library under the provisions of the Library Services and Technology Act. Arkansas State Library 900 W Capitol Ave, Suite 100 /LWWOH5RFN$5 https://library.arkansas.gov/ 501-682-2053 ### Page 5 [No machine-readable text extracted on this page.] ### Page 6 Table of Contents PAGE Title 4. Business and Commercial Law Subtitle 3. Corporations and Associations. Chapter 28. Nonproﬁt Organizations. Subchapter 4. Solicitation of Charitable Contributions, §§ 4-28-401 to 4-28-404 ........................ 1 Title 5. Criminal Offenses Subtitle 5. Offenses Against the Administration of Government. Chapter 54. Obstructing Governmental Operations. Subchapter 1. General Provisions, § 5-54-121 ............... 9 Subtitle 6. Offenses Against Public Health, Safety, or Welfare. Chapter 73. Weapons. Subchapter 1. Possession and Use Generally, §§ 5-73-120, 5-73-122 ............................................ 10 Subchapter 3. Concealed Handguns, § 5-73-306 ............ 19 Title 6. Education Subtitle 2. Elementary and Secondary Education Generally. Chapter 21. School Property and Supplies. Subchapter 1. General Provisions, §§ 6-21-107, 6-21-111 27 Title 7. Elections Chapter 1. General Provisions, §§ 7-1-103, 7-1-111 ........... 29 Chapter 11. Special Elections. Subchapter 2. Special Elections on Measures and Ques- tions, §§ 7-11-201, 7-11-205 ................... 36 Title 13. Libraries, Archives, and Cultural Resources Chapter 2. Libraries. Subchapter 1. General Provisions, §§ 13-2-101 to 13-2-107 ... 42 Subchapter 2. Arkansas State Library, §§ 13-2-201 to 13- 2-214 ............................................... 48 v ### Page 7 PAGE Subchapter 3. Library of the Secretary of State, §§ 13-2- 301 to 13-2-310 ................................... 58 Subchapter 4. County Libraries, §§ 13-2-401 to 13-2-409 60 Subchapter 5. Municipal Libraries and Reading Rooms, §§ 13-2-501 to 13-2-510 ........................ 66 Subchapter 6. Interstate Library Compact, §§ 13-2-601 to 13-2-606 ............................................ 72 Subchapter 7. Conﬁdentiality of Patrons’ Records, §§ 13-2- 701 to 13-2-706 ................................... 79 Subchapter 8. Arkansas Library Materials Security Law, §§ 13-2-801 to 13-2-806 ........................ 81 Subchapter 9. Regional Library System Law, §§ 13-2-901 to 13-2-907 ........................................ 84 Subchapter 10. Arkansas Digital Library Act, §§ 13-2- 1001, 13-2-1002 ................................. 89 Title 14. Local Government Subtitle 2. County Government. Chapter 14. County Government Code. Subchapter 1. General Provisions, §§ 14-14-109 to 14-14- 111, 14-14-115 .................................... 91 Subchapter 2. Boundaries, § 14-14-201 ....................... 96 Subchapter 3. County Seats, § 14-14-301 ..................... 97 Subchapter 7. Service Organizations, §§ 14-14-704 to 14- 14-707, 14-14-712 ................................ 97 Subchapter 8. Legislative Powers, §§ 14-14-801, 14-14-802 ....................................................... 102 Subchapter 9. Legislative Procedures, §§ 14-14-905, 14-14- 907, 14-14-910, 14-14-914, 14-14-915, 14-14- 917, 14-14-919 .................................... 106 Subchapter 12. Personnel Procedures, §§ 14-14-1201 to 14- 14-1203, 14-14-1207, 14-14-1208 ............ 122 Chapter 16. Powers of Counties Generally. Subchapter 1. General Provisions, § 14-16-106 .............. 130 Chapter 19. County Buildings, § 14-19-103 ..................... 132 Chapter 22. County Purchasing Procedures, §§ 14-22-101, 14-22-104, 14-22-106, 14-22-108 ................... 132 Subtitle 3. Municipal Government. Chapter 37. Classiﬁcation of Cities and Towns, §§ 14-37-101 to 14-37-114 ............................................ 138 vi TABLE OF CONTENTS ### Page 8 PAGE Subtitle 8. Public Facilities Generally. Chapter 141. Operation of Municipal Auditoriums, § 14-141- 110 ...................................................... 147 Subtitle 10. Economic Development and Tourism Generally. Chapter 168. Community Redevelopment Generally. Subchapter 3. Community Redevelopment — Creation and Procedures, §§ 14-168-301, 14-168-324 ..... 148 Title 16. Practice, Procedure, and Courts. Subtitle 2. Courts and Court Officers. Chapter 23. Law Libraries, §§ 16-23-101 to 16-23-105 ....... 153 Title 17. Professions, Occupations, and Businesses Subtitle 3. Medical Professions. Chapter 95. Physicians and Surgeons. Subchapter 1. General Provisions, § 17-95-101 .............. 157 Title 19. Public Finance Subtitle 2. Revenue Stabilization Law. Chapter 22. General Revenue Operating Funds and Fund Accounts, § 19-22-105 ................................ 161 Title 20. Public Health and Welfare Subtitle 2. Health and Safety. Chapter 14. Individuals With Disabilities. Subchapter 3. Rights Generally, §§ 20-14-301 to 20-14-311 ... 163 Title 21. Public Officers and Employees Chapter 2. Commission, Oath and Bond. Subchapter 1. General Provisions. § 21-2-105 ............... 171 Chapter 14. Notaries Public. Subchapter 1. General Provisions, §§ 21-14-101 to 21-14- 114 .................................................. 173 vii TABLE OF CONTENTS ### Page 9 PAGE Title 25. State Government Chapter 19. Freedom of Information Act of 1967, §§ 25-19- 103, 25-19-105, 25-19-106, 25-19-108 to 25-19- 110 ....................................................... 187 Chapter 20. Interlocal Cooperation Act. Subchapter 1. General Provisions, §§ 25-20-101 to 25-20- 108 .................................................. 223 Subchapter 2. Public Bodies Corporate and Politic, §§ 25- 20-201 to 25-20-207 ............................. 230 Chapter 32. Uniform Electronic Transactions Act, § 25-32- 105 ....................................................... 234 Constitution of the State of Arkansas of 1874. Amendments to the Constitution of Arkansas of 1874. Amendment 30. City Libraries, §§ 1 to 5 ..................... 235 Amendment 38. County Libraries, §§ 1 to 5 ................. 238 Amendment 72. City and County Library Amendment (Const. Amends. 30 and 38, §§ 1 and 3, Amended, Const. Amends. 30 and 38, § 5, Added) ........................................... 242 Index ........................................................................... I-1 viii TABLE OF CONTENTS ### Page 10 Arkansas Public Library Laws Annotated TITLE 4 BUSINESS AND COMMERCIAL LAW SUBTITLE 3. CORPORATIONS AND ASSOCIATIONS CHAPTER. 28. NONPROFIT ORGANIZATIONS. SUBTITLE 3. CORPORATIONS AND ASSOCIATIONS CHAPTER 28 NONPROFIT ORGANIZATIONS SUBCHAPTER 4 — SOLICITATION OF CHARITABLE CONTRIBUTIONS SECTION. 4-28-401. Deﬁnitions. 4-28-402. Registration of charitable orga- nizations prior to solicita- tion. 4-28-403. Annual ﬁnancial reports and ﬁscal records. SECTION. 4-28-404. Charitable organizations ex- empted from registration and ﬁnancial disclosure re- quirements. 4-28-401. Deﬁnitions. As used in this subchapter, unless the context otherwise requires: (1) “Charitable organization” means any person: (A) Who is or holds himself or herself out to be established for: (i) Any benevolent, educational, philanthropic, humane, scientiﬁc, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose; or (ii) The beneﬁt of law enforcement personnel, ﬁre ﬁghters, or other persons who protect the public safety; or (B) Who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which has a tendency to suggest there is a charitable purpose to any solicitation; 1 ### Page 11 (2) “Charitable purpose” means any benevolent, educational, philan- thropic, humane, scientiﬁc, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or eleemosynary objective; (3) “Charitable sales promotion” means an advertising or sales campaign conducted by a commercial coventurer which represents that the purchase or use of goods or services offered by the commercial coventurer will beneﬁt a charitable organization or purpose; (4) “Commercial coventurer” means any person who for proﬁt or other consideration is regularly and primarily engaged in trade or commerce other than in connection with the raising of funds or any other thing of value for a charitable organization and who advertises that the purchase or use of his or her goods, services, entertainment, or any other thing of value normally sold without a charitable appeal will beneﬁt a charitable organization during a charitable sales promotion; (5) “Contribution” means the grant, promise, or pledge of money, credit, property, ﬁnancial assistance, or other thing of value in response to a solicitation; (6)(A) “Fund-raising counsel” means any person who for a ﬂat ﬁxed fee or ﬁxed hourly rate under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of any charitable organization, but who actually solicits no contributions as a part of the services. (B) Fund-raising counsel do not receive or control funds or assets solicited for charitable purposes, nor do they procure or employ any compensated person to do so. (C) No lawyer, investment counselor, or banker who advises a person to make a contribution shall be deemed, as a result of that advice, to be a fund-raising counsel. (D) A bona ﬁde salaried officer or employee of a registered or exempt charitable organization shall not be deemed to be a fund- raising counsel; (7) “Gross revenue” means income of any kind from all sources, including all amounts received as the result of any solicitation by a paid solicitor; (8)(A) “Membership” means those persons to whom, for payment of fees, dues, assessments, etc., an organization provides services and confers a bona ﬁde right, privilege, professional standing, honor, or other direct beneﬁt in addition to the right to vote, elect officers, or hold offices. (B) The term “membership” shall not include those persons who are granted a membership upon making a contribution as the result of solicitation; (9)(A) “Paid solicitor” means a person who for compensation, other than any nonmonetary gift of nominal value awarded to a volunteer solicitor as an incentive or token of appreciation, performs for a charitable organization any service in connection with which contri- butions are solicited by the person or by any other person he or she employs, procures, or engages to solicit for compensation. 2 4-28-401 BUSINESS AND COMMERCIAL LAW ### Page 12 (B) A lawyer, investment counselor, or banker who advises a person to make a contribution is not a paid solicitor as a result of that advice. (C) A bona ﬁde nontemporary salaried officer or employee of a charitable organization is not a paid solicitor; (10) “Parent organization” means that part of a charitable organiza- tion which supervises and exercises control over the solicitation and expenditure activities of one (1) or more chapters, branches, or affili- ates; (11) “Person” means: (A) An individual; (B) A corporation; (C) A limited liability corporation; (D) An association; (E) A partnership; (F) A foundation; or (G) Any other entity, however styled; (12) “Professional telemarketer” means any person who is employed or retained for compensation by a paid solicitor to solicit contributions in this state for charitable purposes; and (13)(A) “Solicitation” means each request, either directly or indi- rectly, for a contribution on the plea or representation that the contribution will be used for a charitable purpose. (B) “Solicitation” shall be deemed to occur when the request is made, at the place the request is received, whether or not the person making the request actually receives any contribution and includes, without limitation, the following methods of requesting a contribu- tion: (i) Any oral or written request; (ii) Any announcement concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith: (a) To the press; (b) Over radio or television; or (c) By telephone or telegraph; (iii) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication which directly or by implication seeks to obtain public support; or (iv) The sale of, offer of, or attempt to sell any advertisement, advertising space, subscription, ticket, or any service or tangible item: (a) In connection with which any appeal is made for any charitable purpose or where the name of any charitable organization is used or referred to in the appeal as an inducement or reason for making the sale; or (b) When or where, in connection with any sale, any statement is made that the whole or any part of the proceeds from the sale will be donated to any charitable purpose. 3 4-28-401 NONPROFIT ORGANIZATIONS ### Page 13 History. Acts 1999, No. 1198, § 1; 2017, No. 629, § 1. Amendments. The 2017 amendment removed the (9)(A)(i) designation and de- leted (9)(A)(ii); in (9)(B), substituted “A lawyer” for “No lawyer” and “is not a paid solicitor” for “shall be deemed”, and de- leted “to be a paid solicitor” at the end; and substituted “is not” for “shall not be deemed” in (9)(c). 4-28-402. Registration of charitable organizations prior to so- licitation. (a)(1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has: (A) Registered; and (B) Provided certain information concerning the charitable orga- nization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has ﬁled the information with the Secretary of State. (2) The information so ﬁled shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) The information required under subdivision (a)(1)(B) of this section shall be submitted in writing, sworn to under oath, and provided on a registration form provided by the Secretary of State, to include without limitation: (1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation: (A) The federal Taxpayer Identiﬁcation Number; (B) Fictitious names or aliases under which the charitable organi- zation operates; (C) Program names under which the charitable organization solic- its; and (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization; (2) The mailing address and physical address of the charitable organization; (3) The charitable purpose of the charitable organization; (4) The individual or officer who will have custody of the contribu- tions; (5) The individuals responsible for the distribution of the contribu- tions; (6) The period of time during which the solicitation or promotion is to be conducted; (7) A description of the method or methods of solicitation or promo- tion, in such detail as may from time to time be determined by the Secretary of State; (8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both; (9) If in whole or in part by paid solicitors: 4 4-28-402 BUSINESS AND COMMERCIAL LAW ### Page 14 (A) The name and address of each paid solicitor; (B) The basis of payment; (C) The nature of the arrangement; and (D) A copy of the contract for services; and (10) A copy of the appropriate Internal Revenue Service tax-exempt status form. (c) A chapter, branch, or affiliate in this state of a registered parent charitable organization is not required to register provided the parent charitable organization ﬁles a consolidated ﬁnancial report or tax information form for itself and the chapter, branch, or affiliate. History. Acts 1999, No. 1198, § 2; 2017, No. 727, § 1. Amendments. The 2017 amendment substituted “Secretary of State” for “Attor- ney General” throughout the section; sub- stituted “charitable organization and its solicitation activity” for “solicitation” in (a)(1)(B); rewrote the introductory lan- guage of (b); added “including without limitation” in the introductory language of (b)(1); added (b)(1)(A)-(D); in (b)(2), in- serted “mailing” and “and physical ad- dress”; rewrote (b)(3); inserted “solicita- tion or” in (b)(6) and (b)(8); inserted “or promotion” in (b)(7); in (c), inserted “chari- table” twice and substituted “is not” for “shall not be”; and made stylistic changes. CASE NOTES ANALYSIS Failure to Register. Requirement to Register. Failure to Register. Refusal to grant defendant’s motion for a directed verdict was proper in a suit by a charity concert promoter against a book- ing agent where the plaintiff promoter failed to register with the Secretary of State as a professional fund raiser. Jim Halsey Co. v. Bonar, 284 Ark. 461, 683 S.W.2d 898 (1985). Requirement to Register. A concert promoter was not a “profes- sional fund raiser” and was thus not re- quired to register with the Secretary of State. Jim Halsey Co. v. Bonar, 284 Ark. 461, 683 S.W.2d 898 (1985). 4-28-403. Annual ﬁnancial reports and ﬁscal records. (a)(1)(A) Each charitable organization subject to this subchapter shall ﬁle with the Secretary of State an annual ﬁnancial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization’s ﬁscal year. (B) The annual ﬁnancial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization. (2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to ﬁle the annual ﬁnancial report described in subdivision (a)(1)(A) of this section with its tax or information returns 5 4-28-403 NONPROFIT ORGANIZATIONS ### Page 15 referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its ﬁscal year. (b)(1) A charitable organization with contributions in excess of one million dollars ($1,000,000) during its preceding ﬁscal year shall ﬁle an audited ﬁnancial statement prepared by an independent certiﬁed public accountant. (2) A charitable organization with contributions in excess of ﬁve hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000) during its preceding ﬁscal year shall have its ﬁnancial statement reviewed by an independent certiﬁed public accountant. (3) For purposes of this section, “contribution” does not include a: (A) Bequest to a charitable organization that is received from a decedent’s estate; or (B) Testamentary distribution to a charitable organization that is received from a trust. (c) Charitable organizations that are required to register with the Secretary of State but are not required to ﬁle an information or tax return with the Internal Revenue Service should submit in lieu of the information or tax return an annual report on forms to be provided by the Secretary of State. (d)(1) The Secretary of State may grant an extension of time not to exceed six (6) months for the ﬁling of the tax records and other reports required by this section upon the charitable organization’s ﬁling a notice that states the need for an extension. (2) The Secretary of State may grant a charitable organization an additional three (3) months extension of time under subdivision (d)(1) of this section upon written request by the charitable organization. (e)(1) Every charitable organization subject to the provisions of this subchapter shall keep a full and true record in such form as will enable the charitable organization accurately to provide the information required by this subchapter. (2) All the records shall be open to inspection and copying at all times by the Secretary of State and the Attorney General. (3) The charitable organization shall retain records for at least ﬁve (5) years after the end of the ﬁscal year to which they relate. (4)(A) Any donor lists obtained under this subsection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19- 101 et seq., without a court order authorizing the disclosure. (B) However, donor lists and other records obtained under this subsection may be disclosed to other law enforcement agencies. History. Acts 1999, No. 1198, § 3; 2017, No. 727, § 2; 2019, No. 137, § 1; 2023, No. 338, §§ 1, 2; 2023, No. 708, § 1. Publisher’s Notes. Acts 2023, No. 708, § 1 speciﬁcally amended subsection (b) of this section as amended by Acts 2023, No. 338, § 1. Amendments. The 2017 amendment substituted “Secretary of State” for “Attor- ney General” throughout the section; re- wrote (a); in (b)(1), inserted “annual ﬁnan- cial report and” and substituted “subdivision (a)(1)” for “subsection (a)”; substituted “Charitable organizations” for “Charities” in (c); in (d), deleted “upon written request and for good cause shown” preceding “may grant” and added “upon the charitable organization’s ﬁling a no- 6 4-28-403 BUSINESS AND COMMERCIAL LAW ### Page 16 tice that states the need for an extension”; inserted “Secretary of State and the” in (e)(2); substituted “at least ﬁve (5) years” for “no less than three (3) years” in (e)(3); and made stylistic changes. The 2019 amendment, in (a)(1)(A), de- leted “On or before August 1 of each year” preceding “Each charitable organization” and added “no later than one hundred eighty (180) days after the last date of the charitable organization’s ﬁscal year”. The 2023 amendment by No. 338 re- wrote (b)(1) and (b)(2); added the (d)(1) designation; and added (d)(2). The 2023 amendment by No. 708 added (b)(3). 4-28-404. Charitable organizations exempted from registration and ﬁnancial disclosure requirements. The following charitable organizations are not subject to the report- ing requirement under §§ 4-28-403 and 4-28-405, provided each orga- nization shall submit an application for a reporting exemption to the Secretary of State, on forms prescribed by the Secretary of State, together with any information as the Secretary of State may require to substantiate a reporting exemption under this section: (1) Religious organizations, i.e., any bona ﬁde, duly constituted religious entity if the entity satisﬁes each of the following criteria: (A) The entity is exempt from taxation pursuant to the Internal Revenue Code; and (B) No part of the entity’s net income inures to the direct beneﬁt of any individual; (2) Educational institutions, i.e., any parent-teacher association or educational institution, the curricula of which in whole or in part are registered or approved by any state or the United States either directly or by acceptance of accreditation by an accrediting body; (3) Political candidates and organizations, i.e., any candidate for national, state, or local elective office or a political party or other committee required to ﬁle information with the Federal Election Commission or any state election commission or its equivalent agency; (4) Governmental organizations, i.e., any department branch or other instrumentality of the federal, state, or local governments; (5) Nonproﬁt hospitals, i.e., any nonproﬁt hospital licensed by this state or in any other state; (6) Any charitable organization which does not intend to solicit and receive, and does not actually receive, contributions in excess of ﬁfty thousand dollars ($50,000) during a calendar year: (A) If all of its functions, including its fund-raising functions, are carried on by persons who are unpaid for their services; and (B) Provided that no part of its assets or income inures to the beneﬁt of or is paid to any officer or member; and (7) Any person who solicits solely for the beneﬁt of organizations described in subdivisions (1)-(6) of this section. History. Acts 1999, No. 1198, § 4; 2017, No. 727, § 3; 2023, No. 338, § 3. Amendments. The 2017 amendment rewrote the introductory language of the section. The 2023 amendment substituted “ﬁfty thousand dollars ($50,000)” for “twenty- ﬁve thousand dollars ($25,000)” in the introductory language of (6). U.S. Code. The Internal Revenue Code 7 4-28-404 NONPROFIT ORGANIZATIONS ### Page 17 referred to in this section is codiﬁed as 26 U.S.C. § 1 et seq. 8 4-28-404 BUSINESS AND COMMERCIAL LAW ### Page 18 TITLE 5 CRIMINAL OFFENSES SUBTITLE 5. OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT CHAPTER. 54. OBSTRUCTING GOVERNMENTAL OPERATIONS. SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE CHAPTER. 73. WEAPONS. SUBTITLE 5. OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT CHAPTER 54 OBSTRUCTING GOVERNMENTAL OPERATIONS SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 5-54-121. Tampering with a public re- cord. 5-54-121. Tampering with a public record. (a) A person commits the offense of tampering with a public record if, with the purpose of impairing the verity, legibility, or availability of a public record, he or she knowingly: (1) Makes a false entry in or falsely alters any public record; or (2) Erases, obliterates, removes, destroys, or conceals a public re- cord. (b)(1)(A) Tampering with a public record is a Class C felony if the public record is a court record. (B) Tampering with a public record is a Class B felony if the public record is a court record and the person broke into any building or structure with the intent of tampering with a court record located in the building or structure. (2) Otherwise, tampering with a public record is a Class D felony. 9 ### Page 19 History. Acts 1975, No. 280, § 2821; A.S.A. 1947, § 41-2821; Acts 1987, No. 37, § 1; 1999, No. 1104, § 1. RESEARCH REFERENCES U. Ark. Little Rock L. Rev. D. Frank- lin Arey, III, Legislative Oversight Pro- ceedings of the Arkansas General Assem- bly: Issues and Procedures, 45 U. Ark. Little Rock L. Rev. 593 (2023). CASE NOTES Cited: Hester v. Langston, 297 Ark. 87, 759 S.W.2d 797 (1988). SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE CHAPTER 73 WEAPONS SUBCHAPTER 1 — POSSESSION AND USE GENERALLY SECTION. 5-73-120. Carrying a weapon. 5-73-122. Carrying a ﬁrearm in publicly owned buildings or facili- ties. 5-73-120. Carrying a weapon. (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person. (b) As used in this section: (1) “Club” means any instrument that is specially designed, made, or adapted for the purpose of inﬂicting serious physical injury or death by striking, including a blackjack, billie, and sap; (2) “Handgun” means any ﬁrearm with a barrel length of less than twelve inches (12) that is designed, made, or adapted to be ﬁred with one (1) hand; and (3) “Knife” means any bladed hand instrument three inches (3) or longer that is capable of inﬂicting serious physical injury or death by 10 5-73-120 CRIMINAL OFFENSES ### Page 20 cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterﬂy knife. (c) A person is presumed to be carrying a weapon with a lawful purpose under this section if at the time of the act of carrying the weapon: (1) The person is in his or her own dwelling, in his or her personal vehicle, in his or her place of business, or on property in which he or she has a possessory or proprietary interest; (2) The person is a law enforcement officer, correctional officer, member of a municipal ﬁre department bomb squad who is authorized to carry a concealed handgun under § 12-15-204, or member of the United States Armed Forces, acting in the course and scope of his or her official duties; (3) The person is assisting a law enforcement officer, correctional officer, or member of the United States Armed Forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the United States Armed Forces; (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person’s checked baggage and is not a lawfully declared weapon; (5) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun; (7)(A) The person is a certiﬁed law enforcement officer, either on- duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identiﬁca- tion identifying the person as a law enforcement officer; (8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as deﬁned by § 5-73-306; (9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a ﬁrearm under § 16-21-147; (10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law; (11) The person is in possession of a concealed handgun and is a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice, with a valid license to carry a concealed handgun under § 5-73-301 et seq.; or (12) The person: 11 5-73-120 WEAPONS ### Page 21 (A) Is an employee of the Department of Corrections; (B) Is in his or her personal vehicle in a parking lot owned or operated by the department; (C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and (D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee. (d) Carrying a weapon is a Class A misdemeanor. History. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2; 2005, No. 1994, § 293; 2013, No. 539, § 2; 2013, No. 746, § 2; 2015, No. 1155, § 14; 2019, No. 472, § 2; 2021, No. 766, § 1; 2021, No. 956, § 2; 2023, No. 166, § 2; 2023, No. 174, § 4; 2023, No. 752, § 1; 2025, No. 508, § 6. A.C.R.C. Notes. Acts 2019, No. 472, § 6, provided: “Policy required. “(a) A state institution shall develop a policy consistent with this act concerning the lawful open or concealed carry of a handgun by an off-duty law enforcement officer at a state institution affected by this act. “(b) The promulgation of a policy under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15- 201 et seq.” Acts 2025, No. 508, § 1, provided: “Leg- islative ﬁndings and intent. “(a) The General Assembly ﬁnds that: “(1) The United States Space Force was established on December 20, 2019, and is the sixth branch of the United States Armed Forces and eighth uniformed ser- vice of the United States under 10 U.S.C. § 101, as it existed on January 1, 2025; and “(2) Arkansas legislation enacted after December 20, 2019, includes the United States Space Force in statutory references to the United States Armed Forces and uniformed services of the United States. “(b) The General Assembly intends for this act to: “(1) Add the United States Space Force to statutory references to the United States Armed Forces and uniformed ser- vices of the United States contained in existing statutes to ensure the eligibility of members and veterans of the United States Space Force for existing programs; and “(2) Modernize the language and provi- sions of statutes adopted during or imme- diately following World War II.” Publisher’s Notes. Acts 1995, No. 832, became law without the Governor’s signa- ture. Amendments. The 2003 amendment added “unless the journey … lawfully de- clared weapon” to the end of (c)(4). The 2005 amendment, in (a), inserted “or her” twice and “or she”; and substi- tuted “correctional officer” for “prison guard” in (c)(2) and twice in (c)(3). The 2013 amendment by No. 539 added (c)(9). The 2013 amendment by No. 746 sub- stituted “to attempt to unlawfully employ” for “to employ” in (a); inserted (b)(3); re- designated former (b)(3)(A) and (3)(B) as (b)(4) and inserted “three inches (3) or longer”; substituted “It is permissible to carry a handgun under this section if” for “It is a defense to a prosecution under this section that” in the introductory language of (c); substituted “registered commis- sioned security guard” for “licensed secu- rity guard” in (c)(5); rewrote (c)(8); added (c)(9) (now (c)(10)); and substituted “Car- rying a weapon is a Class A misdemeanor” for “(1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a ﬁne of not more than two thousand ﬁve hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both. (2) Otherwise, carrying a weapon is a Class A misdemeanor.” in (d). The 2015 amendment, in the introduc- tory language of (c), substituted “weapon” for “handgun” and substituted “the weapon” for “a weapon”. 12 5-73-120 CRIMINAL OFFENSES ### Page 22 The 2019 amendment redesignated (c)(7) as (c)(7)(A); added “either on-duty or off-duty” in (c)(7)(A); and added (c)(7)(B). The 2021 amendment by No. 766 added (c)(11). The 2021 amendment by No. 956 de- leted former (b)(3) and redesignated for- mer (b)(4) as (b)(3); and substituted “in his or her personal vehicle, in his or her place of business” for “or place of business” in (c)(1). The 2023 amendment by No. 166 in- serted “member of a municipal ﬁre depart- ment bomb squad who is authorized to carry a concealed handgun under § 12-15- 204” in (c)(2). The 2023 amendment by No. 174 in- serted a comma following “armed forces” in (c)(2). The 2023 amendment by No. 752 sub- stituted “A person is presumed to be car- rying a weapon with a lawful purpose” for “It is permissible to carry a weapon” in the introductory language of (c); and added (c)(12). The 2025 amendment substituted “United States Armed Forces” for “armed forces” in (c)(2) and twice in (c)(3). RESEARCH REFERENCES ALR. Validity of airport security mea- sures. 125 A.L.R.5th 281. Validity, Construction, and Application of State Laws Allowing or Proscribing Openly Carrying Firearms. 25 A.L.R.7th Art. 5 (2017). Ark. L. Notes. Laurent Sacharoff & Jacob Worlow, Open Carry in Arkansas – An Ambiguous Statute, 2014 Ark. L. Notes 1548. Michael Kiel Kaiser & Andrew P. Thorn- ton, Taff v. State: The Logical Albeit De- layed Conclusion to the Legislature’s 2013 Amendments to Arkansas’s Carrying-a- Weapon Statute, Ark. L. Notes (Mar. 16, 2020). Ark. L. Rev. Act 696: Robbing the Hunter, or Hunting the Robber? 29 Ark. L. Rev. 570. John Thomas Shepherd, Comment: Who Is the Arkansas Traveler?: Analyzing Arkansas’s “Journey” Exception to the Of- fense of Carrying a Weapon, 66 Ark. L. Rev. 463 (2013). J.H. Berry, Arkansas Open Carry: Un- derstanding Law Enforcement’s Legal Ca- pability Under a Difficult Statute, 70 Ark. L. Rev. 139 (2017). U. Ark. Little Rock L. Rev. Hannah Webb Howard, Note: An Analysis of the Scope of Unlicensed Concealed Carry of a Firearm in Arkansas Pursuant to Arkan- sas Code Annotated Section 5-73-120 as Amended by Act 746 of 2013, 43 U. Ark. Little Rock L. Rev. 125 (2021). CASE NOTES ANALYSIS Constitutionality. Construction. Purpose. Assisting Law Enforcement Officers, Etc. Evidence and Proof. Indictment. Lawful Use. Length of Time Carried. Mail Carriers. Occupied Vehicle. Own Dwelling, Property, Etc. Persons Upon a Journey. Possession. Use as a Weapon. Constitutionality. The state may, as a matter of its police power, place appropriate restriction on one’s right to bear arms. Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993), cert. denied, 512 U.S. 1237, 114 S. Ct. 2743, 129 L. Ed. 2d 863 (1994). The simultaneous possession statute, § 5-74-106, does not unconstitutionally overlap or conﬂict with this section. John- son v. State, 333 Ark. 673, 972 S.W.2d 935 (1998). Construction. The primary differences between this section and § 5-73-121 (now repealed) are (1) § 5-73-121 (now repealed) contains no speciﬁc element of purpose to use the knife as a weapon against another person; (2) § 5-73-121 (now repealed) carries a three-month maximum term in jail as compared to one year for violation of this section; and (3) § 5-73-121 (now repealed) 13 5-73-120 WEAPONS ### Page 23 includes a presumption of guilt if the knife’s blade is three-and-one-half inches in length. Garcia v. State, 333 Ark. 26, 969 S.W.2d 591 (1998) (decision under prior law). Purpose. Former section prohibiting the wearing or carrying of certain weapons was in- tended to prevent the carrying of a pistol with a view of being armed and ready for offense or defense in case of conﬂict with a person or wantonly going armed. Allison v. State, 161 Ark. 304, 256 S.W. 42 (1923) (decision under prior law). Assisting Law Enforcement Officers, Etc. For cases discussing the use of armed services weapons, see McDonald v. State, 83 Ark. 26, 102 S.W. 703 (1907); Blacknall v. State, 90 Ark. 570, 119 S.W. 1119 (1909); Henderson v. State, 91 Ark. 224, 120 S.W. 966 (1909) (preceding decisions under prior law). Evidence that the defendant was depu- tized by the town marshal to assist in preventing an expected disturbance which did not occur did not bring his act of carrying a pistol within the exception, as the marshal was not engaged in guarding prisoners. Allison v. State, 161 Ark. 304, 256 S.W. 42 (1923) (decision under prior law). Evidence and Proof. It was not necessary to prove that the pistol was loaded. State v. Wardlaw, 43 Ark. 73 (1884) (decision under prior law). Evidence held sufficient to support con- viction. Clark v. State, 253 Ark. 454, 486 S.W.2d 677 (1972) (decision under prior law). Where defendant possessed a knife bearing a double-edged, nearly ﬁve-inch blade which was concealed under his shirt and in the small part of his back, the knife was described as a gang-type weapon, and defendant offered no explanation for hav- ing the knife concealed on his person, evidence of violation of this section held sufficient. Nesdahl v. State, 319 Ark. 277, 890 S.W.2d 596 (1995). Arrest of driver for violation of this section, after being stopped and searched because the car had no license plates, upheld. United States v. Peyton, 108 F.3d 876 (8th Cir. 1997). Evidence was sufficient to support a conviction for carrying a weapon where the defendant, without a permit, had in her vehicle and in her possession a hand- gun, and she pointed the gun at another person, which was evidence that the pur- pose of the handgun was for use against a person. Dillehay v. State, 74 Ark. App. 100, 46 S.W.3d 545 (2001). In a case in which a youth was adjudi- cated a juvenile delinquent upon a ﬁnding that he had committed the criminal of- fense of carrying a weapon, in violation of this section, he unsuccessfully argued that the state did not prove that he knew the knife was there because he was driv- ing a borrowed car, his sending the officer to retrieve his cell phone was inconsistent with such knowledge, and merely being in the car with the knife—what he referred to as joint occupancy—was insufficient evidence to sustain his adjudication. The issue on appeal was not one of joint occu- pancy since the youth was alone in the vehicle; therefore, the question was whether there was sufficient evidence to ﬁnd that he constructively possessed the knife, and, while trial counsel seemed to have made some argument with regard to the purpose element, such argument was conspicuously absent on appeal. M.S. v. State, 2010 Ark. App. 254 (2010). In a case in which a youth was adjudi- cated a juvenile delinquent upon a ﬁnding that he had committed the criminal of- fense of carrying a weapon, in violation of this section, he unsuccessfully argued that the search of the car that yielded the weapon should have been suppressed. The intrusion into the vehicle was not a search, but an errand undertaken at the youth’s request to retrieve his cell phone, and the knife, or at least the handle, was found in plain sight by a police officer. M.S. v. State, 2010 Ark. App. 254 (2010). Stipulated facts were insufficient to prove that defendant unlawfully carried a weapon because the State failed to pres- ent substantial evidence that defendant possessed the gun with the purpose to unlawfully employ it against a person, as it showed that he appeared intoxicated and unsteady and he told the officers he had a pistol, which was removed from his pocket without incident. Defendant had not brandished his gun at anyone, he did not announce to anyone that he possessed a gun, and he never threatened anyone. 14 5-73-120 CRIMINAL OFFENSES ### Page 24 Pettry v. State, 2020 Ark. App. 162, 595 S.W.3d 442 (2020). Where defendant argued on appeal that his convictions for possession of handguns with the purpose of employing them ille- gally against a person under this section were not supported by sufficient evidence of intent, defendant’s argument was not preserved for appeal because his directed verdict motion did not mention intent. McKisick v. State, 2022 Ark. App. 426, 653 S.W.3d 839 (2022). Indictment. Indictment held sufficient. State v. Mas- ner, 150 Ark. 469, 234 S.W. 474 (1921) (decision under prior law). Lawful Use. Carrying a pistol to kill hogs was not a violation of former section prohibiting the wearing or carrying of certain weapons. Cornwell v. State, 68 Ark. 447, 60 S.W. 28 (1900) (decision under prior law). Length of Time Carried. The weapon need not have been carried for any particular length of time. Hender- son v. State, 91 Ark. 224, 120 S.W. 966 (1909); Thompson v. City of Little Rock, 194 Ark. 78, 105 S.W.2d 537 (1937) (pre- ceding decisions under prior law). Mail Carriers. A mail carrier was not by reason of his occupation exempted from former section prohibiting the wearing or carrying of certain weapons. Hathcote v. State, 55 Ark. 181, 17 S.W. 721 (1891) (decision under prior law). Occupied Vehicle. Having a pistol in a glove compartment of an automobile was carrying a pistol. Stephens v. City of Ft. Smith, 227 Ark. 609, 300 S.W.2d 14 (1957) (decision under prior law). There was probable cause to search a car’s dashboard compartment where the ammunition in the car, the currency in the vents, and the conﬁguration of the dash- board indicated a fair probability that guns, or other contraband or evidence of a crime, would be found in the dashboard compartment; defendant was held to pos- sess the weapon found in the dashboard compartment. United States v. Sample, 136 F.3d 562 (8th Cir. 1998). Own Dwelling, Property, Etc. The exception in regard to carrying weapons upon one’s own premises only protected such as have an estate or inter- est in the premises. Kinkead v. State, 45 Ark. 536 (1885) (decision under prior law). A tenant in possession of leased prem- ises had such an interest that would have included him in the exception; however, a lodger or renter who used premises in common with others did not have such an interest that would bring him within the exception. Clark v. State, 49 Ark. 174, 4 S.W. 658 (1887) (decision under prior law). A landlord had no right to carry weap- ons upon premises in possession of a ten- ant, although the tenant was wrongfully detaining the same after the termination of his lease. Jones v. State, 55 Ark. 186, 17 S.W. 719 (1891) (decision under prior law). A mere license to enter certain premises gave no right to carry weapons there. Lemmons v. State, 56 Ark. 559, 20 S.W. 404 (1892) (decision under prior law). Owner of fee in a highway was not entitled to carry weapons thereon. Moss v. State, 65 Ark. 368, 45 S.W. 987 (1898) (decision under prior law). The word “business” in subsection (c)(1) does not include vehicular businesses, such as a taxi cab or other motor vehicles used for commercial purposes. Boston v. State, 330 Ark. 99, 952 S.W.2d 671 (1997). Persons Upon a Journey. One who was going from home to a deﬁnite point distant enough to convey him beyond the circle of his neighbors, and to detain him throughout the day, and not within the routine of his daily busi- ness, was upon a journey within the meaning of the former exception. Davis v. State, 45 Ark. 359 (1885) (decision under prior law). The exception to former statute prohib- iting the wearing or carrying of certain weapons was designed as a protection against the perils of the highway to which strangers were exposed, and which were not supposed to exist among one’s neigh- bors. Hathcote v. State, 55 Ark. 181, 17 S.W. 721 (1891) (decision under prior law). Whether a mail carrier on his daily trip was making a journey within the meaning of the law was a question of fact for a jury. Hathcote v. State, 55 Ark. 181, 17 S.W. 721 (1891) (decision under prior law). One who has been on a journey could not, after his return to his accustomed 15 5-73-120 WEAPONS ### Page 25 haunts, continue to carry his pistol. Hol- land v. State, 73 Ark. 425, 84 S.W. 468 (1904) (decision under prior law). A person, upon completing a journey, could not continue to carry a pistol upon stopping an hour or so at the home of his relative. Ackerson v. State, 76 Ark. 301, 89 S.W. 550 (1905) (decision under prior law). One returning home from a town some miles distant where he knew only one person was upon a journey. Ellington v. Town of Denning, 99 Ark. 236, 138 S.W. 453 (1911) (decision under prior law). Whether or not the accused was on a journey was a question for the jury. Col- lins v. State, 183 Ark. 425, 36 S.W.2d 75 (1931) (decision under prior law). Where defendant was merely going from North Little Rock to Little Rock, the defendant, who was charged with carry- ing a gun illegally, was not entitled to the defense of carrying a weapon when upon a journey. Woodall v. State, 260 Ark. 786, 543 S.W.2d 957 (1976) (decision under prior law). Where there was no evidence in the record which indicated that by driving to a certain city and back, defendant had trav- eled beyond the circle of his neighbors and general acquaintances, making it neces- sary to defend against the perils of the highway, the court’s failure to give an instruction that being on a “journey” was a defense to the charge of carrying a prohibited weapon did not constitute re- versible error. Riggins v. State, 17 Ark. App. 68, 703 S.W.2d 463 (1986). Possession. Police officers did not have a reasonable suspicion to stop and search defendant where no crime was being investigated at the time the blue lights were engaged, nothing indicated that defendant had an unlawful intent in possessing the weapon while at a store, and defendant had walked two miles away from the store at the time of the encounter. Merely possess- ing a weapon is not a crime in Arkansas; under the clear language of this section, the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. Taff v. State, 2018 Ark. App. 488, 562 S.W.3d 877 (2018). Use as a Weapon. To sustain a conviction it was essential to show that the pistol was carried as a weapon and whether it was so carried was a question for the jury. Wylie v. State, 131 Ark. 572, 199 S.W. 905 (1917) (decision under prior law). Where pistol was loaded it could be presumed that it was placed in the glove compartment of automobile as a weapon. Stephens v. City of Ft. Smith, 227 Ark. 609, 300 S.W.2d 14 (1957) (decision under prior law). There was a presumption of fact that the loaded pistol found by sheriff’s officers under the front seat of the car driven by appellant was placed there as a weapon, and while that presumption may have been removed by proof offered by appel- lant, it was a question of fact for the jury to resolve the truth and determine whether the pistol was carried as a weapon. Clark v. State, 253 Ark. 454, 486 S.W.2d 677 (1972) (decision under prior law). There is a presumption that a loaded pistol is placed in a car as a weapon. McGuire v. State, 265 Ark. 621, 580 S.W.2d 198 (1979). Cited: Duckins v. State, 271 Ark. 658, 609 S.W.2d 674 (Ct. App. 1980); Hutcher- son v. State, 34 Ark. App. 113, 806 S.W.2d 29 (1991); Ark. Game & Fish Comm’n v. Murders, 327 Ark. 426, 938 S.W.2d 854 (1997). 5-73-122. Carrying a ﬁrearm in publicly owned buildings or facilities. (a)(1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147, and this section, it is unlawful for a person other than a law enforce- ment officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal ﬁre department bomb squad who is authorized to carry a concealed handgun under § 12-15-204, or any state or federal military personnel, to knowingly carry or possess a loaded ﬁrearm or other 16 5-73-122 CRIMINAL OFFENSES ### Page 26 deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal ﬁre department bomb squad who is authorized to carry a concealed hand- gun under § 12-15-204, or any state or federal military personnel, to knowingly carry or possess a ﬁrearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does not apply to a person carrying or possessing a ﬁrearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educa- tional course conducted in the publicly owned building or facility or on the State Capitol grounds; (C)(i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii)(a) As used in this subdivision (a)(3)(C), “parking lot” means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) “Parking lot” does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6); (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permit- ted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted ﬁrearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at: (a) The Arkansas State Hospital; 17 5-73-122 WEAPONS ### Page 27 (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or (F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a munici- pally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football ﬁeld, baseball ﬁeld, soccer ﬁeld, or other sports ﬁeld where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event. (4) As used in this section, “facility” does not mean a municipally owned or maintained park, football ﬁeld, baseball ﬁeld, soccer ﬁeld, or another similar municipally owned or maintained recreational struc- ture or property. (b) However, a law enforcement officer, either on-duty or off-duty, officer of the court, bailiff, or other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state. (c) A person violating this section upon conviction is guilty of a Class C misdemeanor. (d) An off-duty law enforcement officer carrying a ﬁrearm in a publicly owned building or facility may be required to be in physical possession of a valid identiﬁcation identifying the person as a law enforcement officer. (e) An off-duty law enforcement officer may not carry a ﬁrearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise. History. Acts 1977, No. 549, §§ 1, 2; A.S.A. 1947, §§ 41-3113, 41-3114; Acts 1991, No. 1044, § 1; 1995, No. 1223, § 1; 1997, No. 910, § 1; 2013, No. 226, § 2; 2015, No. 1078, § 2; 2015, No. 1259, § 1; 2017, No. 562, § 1; 2017, No. 859, § 2; 2017, No. 1087, § 1; 2019, No. 431, § 1; 2019, No. 472, §§ 3-5; 2019, No. 910, §§ 680, 681; 2021, No. 638, § 1; 2021, No. 693, § 1; 2023, No. 166, § 3. A.C.R.C. Notes. Acts 2017, No. 562, § 7, provided: “Training program. The De- partment of Arkansas State Police shall promulgate rules to design a training pro- gram described under Section 1 of this act within one hundred twenty (120) days of the effective date of this act [Sept. 1, 2017].” Acts 2019, No. 472, § 6, provided: “Policy required. “(a) A state institution shall develop a policy consistent with this act concerning the lawful open or concealed carry of a handgun by an off-duty law enforcement officer at a state institution affected by this act. “(b) The promulgation of a policy under this section is exempt from the Arkansas Administrative Procedure Act, § 25-15- 201 et seq.” 18 5-73-122 CRIMINAL OFFENSES ### Page 28 Publisher’s Notes. Acts 2017, No. 859, § 2 speciﬁcally amended this section as amended by Acts 2017, No. 562. Amendments. The 2013 amendment added “Except as provided in § 5-73-322,” in (a)(1). The 2015 amendment by No. 1078 sub- stituted “this subsection does not” for “the provisions of this subsection do not” in the introductory language of (a)(3); inserted designations (a)(3)(A) and (a)(3)(B); in- serted “publicly owned” and “State Capi- tol” in (a)(3)(A) and (a)(3)(B); and added (a)(3)(C). The 2015 amendment by No. 1259 in- serted “and § 5-73-306(5)” in (a)(1). The 2017 amendment by No. 562 sub- stituted “5-73-306” for “5-73-306(5)” in (a)(1); added (a)(3)(D) and (a)(3)(E); and added “except as permitted under § 5-73- 306(5), § 5-73-306(6), or this section” at the end of (b)(1). The 2017 amendment by No. 859 in- cluded the amendments by No. 562; in- serted “Arkansas” in (a)(2); inserted “or a public daycare facility” in (a)(3)(D)(ii); added (a)(3)(D)(iv); inserted “Arkansas” in (a)(3)(E); and made stylistic changes. The 2017 amendment by No. 1087 sub- stituted “§ 5-73-322, § 5-73-306(5), § 16- 21-147, and this section” for “§ 5-73-322 and § 5-73-306(5)” in (a)(1); rewrote (b); and added (c). The 2019 amendment by No. 431 added the (a)(3)(C)(ii)(b)(1) and (a)(3)(C)(ii)(b)(2) designations and added (a)(3)(C)(ii)(b)(3). The 2019 amendment by No. 472 sub- stituted “either on-duty or off-duty a secu- rity guard” for “or a security guard” in (a)(1) and (a)(2); in (b), inserted “either on-duty or off-duty” and deleted “any” preceding “other person”; and added (d) and (e). The 2019 amendment by No. 910 sub- stituted “Division of Correction” for “De- partment of Correction” and “Division of Community Correction” for “Department of Community Correction” in (a)(3)(C)(ii)(b) and (a)(3)(D)(iii). The 2021 amendment by No. 638 added (a)(3)(F). The 2021 amendment by No. 693 sub- stituted “does not mean” for “means” in (a)(4). The 2023 amendment inserted “a mem- ber of a municipal ﬁre department bomb squad who is authorized to carry a con- cealed handgun under § 12-15-204” in (a)(1) and (a)(2). RESEARCH REFERENCES ALR. Validity, Construction, and Appli- cation of State Laws Allowing or Proscrib- ing Openly Carrying Firearms. 25 A.L.R.7th Art. 5 (2017). U. Ark. Little Rock L. Rev. Amie Alexander & Sarah Giammo, Survey of Legislation 2017: Arkansas General As- sembly, 40 U. Ark. Little Rock L. Rev. 305 (2017). Hannah Webb Howard, Note: An Analy- sis of the Scope of Unlicensed Concealed Carry of a Firearm in Arkansas Pursuant to Arkansas Code Annotated Section 5-73- 120 as Amended by Act 746 of 2013, 43 U. Ark. Little Rock L. Rev. 125 (2021). CASE NOTES Attorneys. Attorneys, as “officers of the court” in subsection (b) of this section, are autho- rized under the statute to possess hand- guns in courthouses within the state. Cor- bitt v. Pulaski Cnty. Circuit Ct., 2024 Ark. 65, 686 S.W.3d 802 (2024). SUBCHAPTER 3 — CONCEALED HANDGUNS SECTION. 5-73-306. Prohibited places. 19 5-73-122 WEAPONS ### Page 29 5-73-306. Prohibited places. Except as permitted under § 5-73-322(g), a license to carry a con- cealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into: (1) Any police station, sheriff’s station, or Division of Arkansas State Police station; (2) An Arkansas Highway Police Division of the Arkansas Depart- ment of Transportation facility; (3) [Repealed.] (4) Any part of a detention facility, prison, jail, or residential treat- ment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A residential treatment facility owned or operated by the Division of Youth Services; (5) Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office unless: (A) The licensee is: (i) Employed by the county; (ii) A countywide elected official; (iii) A justice of the peace; or (iv)(a) Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv)(a) of this section into the courthouse, court- house annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located; (B) The licensee’s principal place of employment is within the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and (C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency prepared- ness plan; (6)(A) Any courtroom. 20 5-73-306 CRIMINAL OFFENSES ### Page 30 (B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a con- cealed weapon into his or her courtroom; (7) Any meeting place of the governing body of any governmental entity; (8) Any meeting of the General Assembly or a committee of the General Assembly; (9) Any state office; (10) Any athletic event not related to ﬁrearms; (11)(A) A portion of an establishment, except a restaurant as deﬁned in § 3-5-1202, licensed to dispense alcoholic beverages for consump- tion on the premises. (B) A person with a concealed carry endorsement under § 5-73- 322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (12)(A) A portion of an establishment, except a restaurant as deﬁned in § 3-5-1202, where beer or light wine is consumed on the premises. (B) A person with a concealed carry endorsement under § 5-73- 322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (13)(A) A school, college, community college, or university campus building or event. (B) However, subdivision (13)(A) of this section does not apply to: (i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e); (ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; (iii) Participation in an authorized ﬁrearms-related activity; (iv) Carrying a concealed handgun as authorized under § 5-73- 322; or 21 5-73-306 WEAPONS ### Page 31 (v) A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a con- cealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (14) Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal ﬁrearm into the passenger terminal if the ﬁrearm is encased for shipment for purposes of checking the ﬁrearm as baggage to be lawfully transported on any aircraft; (15)(A) Any church or other place of worship. (B) However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. (C) A person with a concealed carry endorsement under § 5-73- 322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (16) Any place where the carrying of a ﬁrearm is prohibited by federal law; (17) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; (18)(A)(i) Any place at the discretion of the person or entity exercis- ing control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that “carrying a handgun is prohibited”. (ii)(a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii)(a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. (iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home. (iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (B) Subdivision (18)(A) of this section does not apply if the place is: (i) A public university, public college, or community college, as deﬁned in § 5-73-322, and the licensee is carrying a concealed handgun as provided under § 5-73-322; (ii) A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; (iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117; or (iv) A place owned, controlled, or operated by a local unit of government as deﬁned in § 14-16-504 if the licensee is carrying a 22 5-73-306 CRIMINAL OFFENSES ### Page 32 concealed handgun as provided under § 5-73-322(g) and (h), unless the place is listed in § 5-73-122(a)(3)(D)(i)-(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises. (C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18); (19)(A)(i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. (ii)(a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notiﬁcation to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notiﬁcation under subdivision (19)(A)(ii)(a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity. (B) A place owned or operated by a private entity under this subdivision (19) includes without limitation: (i) A private university or private college; (ii) A church or other place of worship; (iii) An establishment, except a restaurant as deﬁned in § 3-5- 1202, licensed to dispense alcoholic beverages for consumption on the premises; and (iv) An establishment, except a restaurant as deﬁned in § 3-5- 1202, where beer or light wine is consumed on the premises; or (20) A posted ﬁrearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at: (A) The Arkansas State Hospital; (B) The University of Arkansas for Medical Sciences; or (C) A collegiate athletic event. History. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2; 2003, No. 1110, § 1; 2007, No. 664, § 2; 2009, No. 294, § 28; 2011, No. 758, § 1; 2013, No. 67, § 1; 2013, No. 226, §§ 3, 4; 2013, No. 1390, § 2; 2015, No. 933, § 2; 2015, No. 1078, §§ 4-7; 2015, No. 1175, § 1; 2015, No. 1259, § 2; 2017, No. 562, §§ 2-5; 2017, No. 707, § 5; 2017, No. 859, §§ 4-6; 2017, No. 1071, § 2; 2017, No. 1090, § 1; 2019, No. 431, § 2; 2019, No. 910, § 683; 2021, No. 809, § 1; 2021, No. 1024, § 1; 2023, No. 215, § 1. A.C.R.C. Notes. Acts 2017, No. 1071, § 1, provided: “Legislative intent. It is the intent of this act to reinforce and protect the right of each citizen to lawfully trans- port and store a handgun within his or her private motor vehicle for lawful purposes in any place where the private motor vehicle is otherwise permitted to be lo- cated.” 23 5-73-306 WEAPONS ### Page 33 Publisher’s Notes. Acts 2017, No. 859, §§ 4-6, speciﬁcally amended this section as amended by Acts 2017, No. 562. Amendments. The 2003 amendment deleted (a)(11) and redesignated the re- maining subdivisions accordingly; in- serted “except a restaurant as deﬁned in § 3-9-402” in (a)(12) and (a)(13); redesig- nated (b)(1) as (b)(1)(A) and added “at each entrance to the location”; added (b)(1)(B); and made a minor stylistic change. The 2009 amendment substituted “§ 3-9-202” for “§ 3-9-402” in (11) and (12). The 2011 amendment substituted “§ 3-5-1202” for “§ 3-9-202” in present (11) and (12). The 2013 amendment by No. 67 redes- ignated former (16) as (16)(A), and added (16)(B) (now subdivision (15)). The 2013 amendment by No. 226 redes- ignated former (19)(A) as (19)(A)(i); redes- ignated former (19)(B) through (19)(D) as (19)(A)(ii) through (19)(A)(iv); and added (19)(B) (now subdivision (18)). The 2013 amendment by No. 1390 re- designated former (14) as (14)(A); and inserted (14)(B) and redesignated the re- maining subdivisions accordingly (now subdivision (13)). The 2015 amendment by No. 933 in- serted designation (14)(B)(i) and redesig- nated former (14)(B)(i)-(iii) as (14)(B)(i)(a)-(c); and added (14)(B)(ii) (now subdivision (13)). The 2015 amendment by No. 1078 in- serted designation (3)(B)(i); added “or” at the end of (3)(B)(i); added (3)(B)(ii); re- wrote (4); deleted “unless for the purpose of participating in an authorized ﬁrearms- related activity or otherwise provided for in § 5-73-322” at the end of (14)(A) (now (13)(A)); inserted designation (14)(B)(i) and redesignated former (14)(B)(i)-(iii) as (14)(B)(i)(a)-(c) (now (13)(B)(i) and (13)(B)(i)(a)-(c)); added (14)(B)(ii) through (14)(B)(iv) (now (13)(B)(iii) through (13)(B)(v)); inserted designation (19)(B)(i) (now (18)(B)(i)); added “or” at the end of (19)(B)(i) (now (18)(B)(i)); and added (19)(B)(ii) (now (18)(B)(ii)). The 2015 amendment by No. 1175 re- pealed former (7) and redesignated the remaining sections accordingly. The 2015 amendment by No. 1259 re- wrote (5). The 2017 amendment by No. 562 sub- stituted “Except as permitted under § 5- 73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a” for “No license to carry a concealed handgun issued pursu- ant to this subchapter authorizes any” in the introductory language; redesignated (11) as (11)(A) and (12) as (12)(A); substi- tuted “A” for “Any” in (11)(A) and (12)(A); and added (11)(B), (12)(B), (15)(C), and (18)(C). The 2017 amendment by No. 707 sub- stituted “Department of Transportation” for “State Highway and Transportation Department” throughout (2) and (3); and made stylistic changes. The 2017 amendment by No. 859, in (11)(B) and (12)(B), inserted “either” and “or provides notice under subdivision (19) of this section”; in (15)(C), inserted “and who is carrying a concealed handgun”, “either”, and “or provides notice under subdivision (19) of this section”; added (19) and (20); and made stylistic changes. The 2017 amendment by No. 1071 sub- stituted “place” for “physical location” in the introductory language of (18)(B); and added (18)(B)(iii). The 2017 amendment by No. 1090 added (5)(A)(iii) and (iv); and inserted “courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings” in (5)(C). The 2019 amendment by No. 431 added the (4)(A) and (4)(B) designations and added (4)(C); and inserted “residential treatment facility owned or operated by the Division of Youth Services” in the introductory language of (4). The 2019 amendment by No. 910 sub- stituted “Division of Correction” for “De- partment of Correction” and “Division of Community Correction” for “Department of Community Correction” in (4). The 2021 amendment by No. 809, in (18)(B)(iii), substituted “person is carry- ing” for “licensee is carrying”, deleted “concealed” preceding “handgun”, and substituted “§ 11-5-117” for “§ 5-73-326”. The 2021 amendment by No. 1024 added (18)(B)(iv). The 2023 amendment repealed (3). 24 5-73-306 CRIMINAL OFFENSES ### Page 34 RESEARCH REFERENCES Ark. L. Rev. Thomas Christoph Keller, Comment: ABC’s and AR-15’s: Arming Ar- kansas’s Teachers, 67 Ark. L. Rev. 687 (2014). U. Ark. Little Rock L. Rev. Survey of Legislation, 2003 Arkansas General As- sembly, Criminal Law, Weapons, 26 U. Ark. Little Rock L. Rev. 370. Hannah Webb Howard, Note: An Analy- sis of the Scope of Unlicensed Concealed Carry of a Firearm in Arkansas Pursuant to Arkansas Code Annotated Section 5-73- 120 as Amended by Act 746 of 2013, 43 U. Ark. Little Rock L. Rev. 125 (2021). CASE NOTES Licensed to Dispense Alcoholic Bev- erages. Unambiguous language of subdivision (11)(B) of this section supported Arkansas State University’s position that an En- hanced Concealed Carry License holder may not enter the on-campus arena with a ﬁrearm. The arena was covered by an alcohol permit and provided the requisite notice under subdivision (18)(A) of this section that ﬁrearms were prohibited on the premises; therefore, the University could lawfully prohibit ﬁrearm possession at its arena. Corbitt v. Ark. State Univ., 2024 Ark. 44, 685 S.W.3d 901 (2024). Despite plaintiff’s contention, subdivi- sion (18)(B) did not control because the reference to subdivision (18) in subdivi- sion (11)(B) is limited to the nature of the notice required to prohibit the concealed carrying of ﬁrearms into premises serving alcohol. Under Arkansas law, universities do not have the discretion to prohibit ﬁrearms. But in this case, the university was prohibiting ﬁrearms at the on-cam- pus arena because the facility was covered by an alcohol permit, not because the university was attempting to exercise dis- cretion. Corbitt v. Ark. State Univ., 2024 Ark. 44, 685 S.W.3d 901 (2024). 25 5-73-306 WEAPONS ### Page 35 [No machine-readable text extracted on this page.] ### Page 36 TITLE 6 EDUCATION SUBTITLE 2. ELEMENTARY AND SECONDARY EDUCATION GENERALLY CHAPTER. 21. SCHOOL PROPERTY AND SUPPLIES. SUBTITLE 2. ELEMENTARY AND SECONDARY EDUCATION GENERALLY CHAPTER 21 SCHOOL PROPERTY AND SUPPLIES SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 6-21-107. Official computer use policy — Deﬁnitions. SECTION. 6-21-111. Appropriate computer usage for minors — Deﬁnitions. 6-21-107. Official computer use policy — Deﬁnitions. (a)(1) The board of directors of each school district in this state shall develop and adopt a written policy concerning student and staff use of computers owned by the school district. (2) The written policy shall state that a system to prevent computer users from accessing material harmful to minors shall be established and maintained for all public access computers in the school district. The policy shall be implemented by August 1, 2001. (b) The written policy shall include provisions for administration of punishment of students for violations of the policy with stiffer penalties for repeat offenders, and the same shall be incorporated into the school district’s written student discipline policy. (c) Students shall sign a computer-use agreement form outlining proper and improper use of public access computers before being allowed to access the computer equipment. (d) For purposes of this section: (1) “Harmful to minors” has the same meaning as prescribed in § 5-68-501; and (2) “Public access computer” means a computer that: (A) Is located in a public school or public library; (B) Is accessible by a minor; and 27 ### Page 37 (C) Is connected to any computer communication system such as, but not limited to, what is commonly known as the internet. History. Acts 1997, No. 801, § 1; 2001, No. 912, § 1. Cross References. Public library com- puter use policy, § 13-2-103. 6-21-111. Appropriate computer usage for minors — Deﬁnitions. (a) As used in this section: (1) “Harmful to minors” means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following charac- teristics: (A) The average person eighteen (18) years of age or older applying contemporary community standards would ﬁnd that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; (B) The average person eighteen (18) years of age or older applying contemporary community standards would ﬁnd that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and (C) The material or performance lacks serious literary, scientiﬁc, medical, artistic, or political value for minors; and (2) “Public access computer” means a computer that: (A) Is located in a public school; (B) Is frequently or regularly used directly by a minor; and (C) Is connected to any computer communication system. (b) A public school that provides a public access computer shall equip the computer with technology that seeks to prevent minors from gaining access to material that is harmful to minors or obtain internet connectivity from an internet service provider that provides ﬁlter services to limit access to material that is harmful to minors. Standards and rules for the enforcement of this subsection shall be prescribed by the State Board of Education. (c) A school district board of directors by a majority vote and after an opportunity for a notice and comment period of at least thirty (30) calendar days may vote to exclude the public schools under its authority from the provisions of subsection (b) of this section. History. Acts 2001, No. 1533, §§ 1, 2. RESEARCH REFERENCES U. Ark. Little Rock L. Rev. Survey of Legislation, 2001 Arkansas General As- sembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453. 28 6-21-111 EDUCATION ### Page 38 TITLE 7 ELECTIONS CHAPTER. 1. GENERAL PROVISIONS. 11. SPECIAL ELECTIONS. CHAPTER 1 GENERAL PROVISIONS SECTION. 7-1-103. Miscellaneous misdemeanor of- fenses — Penalties — Deﬁ- nitions. SECTION. 7-1-111. Use of public funds to support or oppose ballot measure — Deﬁnitions. 7-1-103. Miscellaneous misdemeanor offenses — Penalties — Deﬁnitions. (a) The violation of any of the following shall be deemed misdemean- ors punishable as provided in this section: (1) It shall be unlawful for any person to appoint or offer to appoint anyone to any office or position of trust or for any person to inﬂuence, attempt to inﬂuence, or offer to inﬂuence the appointment, nomination, or election of any person to office in consideration of the support or assistance of the person for any candidate in any election in this state; (2)(A)(i) It shall be unlawful for any public servant, as deﬁned in § 21-8-402, to devote any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office. (ii) Devoting any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office includes without limitation the gathering of signatures for a nominating petition. (B) It shall be unlawful for any public servant, as deﬁned in § 21-8-402, to circulate an initiative or referendum petition or to solicit signatures on an initiative or referendum petition in any public office of the state, county, or municipal governments of Arkansas or during the usual office hours or while on duty for any state agency or any county or municipal government in Arkansas. (C) It shall be unlawful for any public servant, as deﬁned in § 21-8-402, to coerce, by threats or otherwise, any public employee into devoting time or labor toward the campaign of any candidate for office or for the nomination to any office; (3)(A) It shall be unlawful for any public servant, as deﬁned in § 21-8-402, to use any office or room furnished at public expense to 29 ### Page 39 distribute any letters, circulars, or other campaign materials unless such office or room is regularly used by members of the public for such purposes without regard to political affiliation. It shall further be unlawful for any public servant to use for campaign purposes any item of personal property provided with public funds. (B) As used in subdivision (a)(3)(A) of this section, “campaign materials” and “campaign purposes” refer to: (i) The campaign of a candidate for public office; and (ii) Efforts to support or oppose a ballot measure, except as provided in § 7-1-111; (4) It shall be unlawful for any person to assess any public employee, as deﬁned in § 21-8-402, for any political purpose whatever or to coerce, by threats or otherwise, any public employee into making a subscrip- tion or contribution for any political purpose; (5) It shall be unlawful for any person employed in any capacity in any department of the State of Arkansas to have membership in any political party or organization that advocates the overthrow of our constitutional form of government; (6) It shall be unlawful for any campaign banners, campaign signs, or other campaign literature to be placed on any cars, trucks, tractors, or other vehicles belonging to the State of Arkansas or any municipality, county, or school district in the state; (7)(A)(i) All articles, statements, or communications appearing in any newspaper printed or circulated in this state intended or calcu- lated to inﬂuence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for the message. (ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer. (B)(i) All articles, statements, or communications appearing in any radio, television, or any other electronic medium intended or calcu- lated to inﬂuence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words: (a) “Paid political advertisement” or “paid political ad”; or (b) “Paid for by”, “sponsored by”, or “furnished by” the true sponsor of the advertisement. (ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer; (8)(A) An election official acting in his or her official capacity shall not do any electioneering: (i) On election day or any day on which early voting is allowed; (ii) In a building in which voting is taking place; or (iii) Within one hundred feet (100') of the primary exterior en- trance used by voters to a building in which voting is taking place. 30 7-1-103 ELECTIONS ### Page 40 (B) On early voting days and election day, a person shall not do any electioneering during voting hours: (i) In a building in which voting is taking place; (ii) Within one hundred feet (100') of the primary exterior entrance used by voters to a building in which voting is taking place; or (iii) With persons standing in line to vote. (C)(i) As used in this subdivision (a)(8), “electioneering” means the display of or audible dissemination of information that advocates for or against any candidate, issue, or measure on a ballot. (ii) “Electioneering” includes without limitation the following: (a) Handing out, distributing, or offering to hand out or distribute campaign literature or literature regarding a candidate, issue, or measure on the ballot; (b) Soliciting signatures on a petition; (c) Soliciting contributions for a charitable or other purpose; (d) Displaying a candidate’s name, likeness, or logo; (e) Displaying a ballot measure’s number, title, subject, or logo; (f) Displaying or dissemination of buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information; and (g) Disseminating audible electioneering information. (iii) “Electioneering” does not include: (a) The presentation of a candidate’s identiﬁcation by the candi- date under Arkansas Constitution, Amendment 51, § 13; or (b) The display of a ballot measure in the polling place as required under § 7-5-202; (9) No election official shall perform any of the duties of the position before taking and subscribing to the oath provided for in § 7-4-110; (10) No person applying for a ballot shall swear falsely to any oath administered by the election officials with reference to his or her qualiﬁcations to vote; (11) No person shall willfully cause or attempt to cause his or her own name to be registered in any other election precinct than that in which he or she is or will be before the next ensuing election qualiﬁed as an elector; (12) During any election, no person shall remove, tear down, or destroy any booths or supplies or other conveniences placed in any booth or polling site for the purpose of enabling the voter to prepare his or her ballot; (13) No person shall take or carry any ballot obtained from any election official outside of the polling room or have in his or her possession outside of the polling room before the closing of the polls any ballot provided by any county election commissioner; (14) No person shall furnish a ballot to any elector who cannot read informing him or her that it contains a name or names different from those that are written or printed thereon or shall change or mark the ballot of any elector who cannot read so as to prevent the elector from voting for any candidate, act, section, or constitutional amendment as the elector intended; 31 7-1-103 GENERAL PROVISIONS ### Page 41 (15) No election official or other person shall unfold a ballot or without the express consent of the voter ascertain or attempt to ascertain any vote on a ballot before it is placed in the ballot box; (16) No person shall print or cause to be printed any ballot for any election held under this act with the names of the candidates appearing thereon in any other or different order or manner than provided by this act; (17) No election official shall permit the vote of any person to be cast in any election precinct in this state in any election legally held in this state when the person does not appear in person at the election precinct and actually cast the vote. This subdivision (a)(17) shall not apply to persons entitled to cast absentee ballots; (18)(A) No person shall vote or offer to vote more than one (1) time in any election held in this state, either in person or by absentee ballot, or shall vote in more than one (1) election precinct in any election held in this state. (B) No person shall cast a ballot or vote in the preferential primary of one (1) political party and then cast a ballot or vote in the general primary of another political party in this state; (19) No person shall: (A) Vote, knowing himself or herself not to be entitled to vote; (B) Vote more than once at any election or knowingly cast more than one (1) ballot or attempt to do so; (C) Provide assistance to a voter in marking and casting the voter’s ballot except as provided in § 7-5-310; (D) Alter or attempt to alter any ballot after it has been cast; (E) Add or attempt to add any ballot to those legally polled at any election either by fraudulently introducing it into the ballot box before or after the ballots have been counted or at any other time or in any other manner with the intent or effect of affecting the count or recount of the ballots; (F) Withdraw or attempt to withdraw any ballot lawfully polled with the intent or effect of affecting the count or recount of the ballots; or (G) In any manner interfere with the officials lawfully conducting the election or the canvass or with the voters lawfully exercising their right to vote at the election; (20) No person shall make any bet or wager upon the result of any election in this state; (21) No election official, poll watcher, or any other person in or out of this state in any primary, general, or special election in this state shall divulge to any person the results of any votes cast for any candidate or on any issue in the election until after the closing of the polls on the day of the election. The provisions of this subdivision (a)(21) shall not apply to any township or precinct in this state in which all of the registered voters therein have voted prior to the closing of the polls in those instances in which there are ﬁfteen (15) or fewer registered voters in the precinct or township; 32 7-1-103 ELECTIONS ### Page 42 (22) Any person, election official, county clerk, or deputy clerk who violates any provisions of the absentee voting laws, § 7-5-401 et seq., shall be punished as provided in this section; (23) No person applying to be placed on a ballot for any public office shall knowingly provide false information with reference to his or her qualiﬁcations; and (24) A person shall not enter or remain in an area within one hundred feet (100') of the primary exterior entrance to a building where voting is taking place except for a person entering or leaving a building where voting is taking place for lawful purposes. (b)(1) Except as otherwise provided, the violation of any provision of this section shall be a Class A misdemeanor. (2)(A) Any person convicted under the provisions of this section shall thereafter be ineligible to hold any office or employment in any of the departments in this state. (B)(i) If any person is convicted under the provisions of this section while employed by any of the departments of this state, he or she shall be removed from employment immediately. (ii) If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfea- sance and malfeasance in office and shall subject the person to impeachment. (3) A person convicted of a misdemeanor offense as listed in this section shall be barred from serving as an election official in subsequent elections. (c) Any violation of this act not covered by this section and § 7-1-104 shall be considered a Class A misdemeanor and shall be punishable as such. History. Acts 1969, No. 465, Art. 11, § 4; 1970 (1st Ex. Sess.), No. 3, § 1; 1971, No. 261, § 24; 1981, No. 327, § 1; A.S.A. 1947, § 3-1104; Acts 1987, No. 395, § 1; 1989, No. 505, § 2; 1991, No. 241, § 2; 1991, No. 786, § 4; 1995, No. 497, § 1; 1995, No. 1085, § 1; 1997, No. 445, § 2; 1997, No. 1121, § 1; 1999, No. 553, § 1; 1999, No. 1525, § 1; 2001, No. 795, § 1; 2001, No. 926, § 1; 2001, No. 1839, § 1; 2005, No. 1284, § 1; 2007, No. 221, § 1; 2009, No. 310, § 1; 2009, No. 473, § 1; 2009, No. 658, § 1; 2011, No. 721, § 1; 2013, No. 312, § 1; 2019, No. 533, § 1; 2021, No. 416, § 1; 2021, No. 728, § 1; 2021, No. 974, § 1. A.C.R.C. Notes. Pursuant to § 1-2- 207, the amendment of subdivision (a)(9) by Acts 1997, No. 445 is deemed to be superseded by its amendment by Acts 1997, No. 1121. Acts 1997, No. 445 amended (a)(9) to read as follows: “(a)(9) No person shall willfully disturb or engage in riotous conduct at or near any polling site with the intent or effect of disturbing or interfering with the access of the electors to the polling site.” Amendments. The 2007 amendment added (a)(2)(C) and (a)(3)(B) and made related changes; inserted “or school dis- trict” in (a)(6); and made stylistic changes. The 2009 amendment by No. 310 in- serted (a)(7)(B) and redesignated the re- maining subdivisions accordingly; deleted “or on radio, television, or any other elec- tronic medium” in (a)(7)(A)(i), and made a related change. The 2009 amendment by No. 473 in- serted (a)(2)(A)(ii). The 2009 amendment by No. 658 in- serted (a)(20)(C) and redesignated the re- maining subdivisions accordingly. The 2011 amendment added “or ‘Paid for by’ the candidate, committee, or person 33 7-1-103 GENERAL PROVISIONS ### Page 43 who paid for the message” to the end of (a)(7)(A)(i). The 2013 amendment rewrote (a)(3)(B). The 2019 amendment rewrote (a)(8). The 2021 amendment by No. 416 added (a)(23). The 2021 amendment by No. 728 added (a)(24). The 2021 amendment by No. 974 added (b)(3). Meaning of “this act”. See note to § 7-1-101. RESEARCH REFERENCES Ark. L. Rev. Official Misconduct under the Arkansas Criminal Code, 30 Ark. L. Rev. 160. Comments: Removal and Discipline of Judges in Arkansas, Porter, 32 Ark. L. Rev. 545. U. Ark. Little Rock L. Rev. Survey of Legislation, 2005 Arkansas General As- sembly, Election Law, 28 U. Ark. Little Rock L. Rev. 351. CASE NOTES ANALYSIS Constitutionality. Betting on Elections. Electioneering. Preemption. Unlawful Voting. Constitutionality. In suit challenging the amendment to this section by Acts 2021, No. 728, which added subdivision (a)(24), making it a misdemeanor to enter or remain in an area within 100 feet of the primary exte- rior entrance to a building where voting is taking place, the circuit court’s conclusion that strict scrutiny applied was an error of law; upon an examination of the plain language of the act, it was clear that the fundamental right to vote was not at stake and therefore the State was not required to prove a compelling state interest. While the right to vote has been held to be fundamental, the right to vote in a par- ticular manner is not guaranteed. Thur- ston v. League of Women Voters of Arkan- sas, 2024 Ark. 90, 687 S.W.3d 805 (2024). In suit challenging the amendments to this section by Acts 2021, No. 728, which added subdivision (a)(24), the circuit court erred when it improperly engaged in an equal protection analysis of the act under Ark. Const. Art. 2, § 3, because the act was facially neutral and applied equally to every qualiﬁed voter. Thurston v. League of Women Voters of Arkansas, 2024 Ark. 90, 687 S.W.3d 805 (2024). Circuit court erred in its ﬁnding that Acts 2021, No. 728, which added subdivi- sion (a)(24) of this section, violated the free and equal election clause, Ark. Const. Art. 3, § 2; that constitutional provision does not confer a right to “support” while waiting in line to vote. Thurston v. League of Women Voters of Arkansas, 2024 Ark. 90, 687 S.W.3d 805 (2024). Amendment to this section by Acts 2021, No. 728, which added subdivision (a)(24), making it a misdemeanor to enter or remain in an area within 100 feet of the primary exterior entrance to a building where voting is taking place, was content- neutral and easily satisﬁed a free speech and assembly challenge, particularly at the facial-challenge stage, considering that the United States Supreme Court has upheld a content-based restriction on speech within 100 feet of a polling place under strict scrutiny. Thurston v. League of Women Voters of Arkansas, 2024 Ark. 90, 687 S.W.3d 805 (2024). Betting on Elections. One making a bet on the result of a primary election to nominate a candidate for sheriff is entitled to recover the amount of the wager deposited with the stakeholder, where he requested its re- turn before it was paid over to the winner. Williams v. Kagy, 176 Ark. 484, 3 S.W.2d 332 (1928); Sicard v. Williams, 181 Ark. 1147, 29 S.W.2d 673 (1930) (decision un- der prior law). A strong case for recount of votes was made in an election contest hearing where the losing contestant proved that an elec- tion judge bet on the outcome. Wood v. Brown, 235 Ark. 500, 361 S.W.2d 67 (1962) (decision under prior law). 34 7-1-103 ELECTIONS ### Page 44 Electioneering. An election judge has no right to cam- paign for his candidate at the polling booth. Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953) (decision under prior law). Enforcement of subdivision (9) [now (a)(8)] of this section by the collection of campaign literature from voters in the polling place was not a violation of former § 7-5-608 where voters were not prohib- ited from carrying voting aids into the polling place. McGruder v. Phillips County Election Comm’n, 850 F.2d 406 (8th Cir. 1988). Preemption. It is likely that § 7-5-310(b)(4)(B) and (b)(5), and subdivisions (a)(19) and (b)(1) of this section impermissibly narrow 52 U.S.C. § 10508’s dictate that a voter may be assisted by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union. The timing of this motion prevented the court from granting plaintiffs the relief they sought (a tempo- rary restraining order and/or preliminary injunction), as they had not offered any explanation why they waited until the night before the election to bring this suit. Ark. United v. Thurston, No. 5:20-CV- 5193, 2020 U.S. Dist. LEXIS 207145 (W.D. Ark. Nov. 3, 2020). Unlawful Voting. In a prosecution for unlawful voting or alteration of ballots, the evidence must show some animus or fraudulent intent on the part of the accused before he can be adjudged guilty. Williams v. State, 222 Ark. 458, 261 S.W.2d 263 (1953) (decision under prior law). Trial court did not abuse its discretion in ruling that a voter voted twice and that his votes for appellant in an election re- sult challenge should have been excluded where there was sufficient evidence to show that the voter voted twice because the county clerk produced an absentee ballot cast by the voter, as well as a sign-in sheet from the polls that indicated that he voted a second time at the polls. Tate- Smith v. Cupples, 355 Ark. 230, 134 S.W.3d 535 (2003). Circuit court properly declared an al- derman-elect ineligible to run for public office because he had pled guilty to “voting more than once in an election” in violation of this section; the framers of Ark. Const., Art. 5, § 9 intended for an “infamous crime” to include crimes involving ele- ments of deceit, dishonesty, impugning on the integrity of the office, and directly impacting the person’s ability to serve as an elected official; and, with the inclusion of subdivision (b)(2)(A) of this section, the General Assembly deliberately chose to exclude from public office all persons found guilty of election-related misde- meanors, regardless of whether the record was later sealed. Pruitt v. Smith, 2020 Ark. 382, 610 S.W.3d 660 (2020). Cited: Garionis v. Newton, 827 F.2d 306 (8th Cir. 1987); Westark Christian Action Council v. Stodola, 311 Ark. 449, 843 S.W.2d 318 (1993); Westark Christian Action Council v. Stodola, 312 Ark. 249, 848 S.W.2d 935 (1993) (decision under prior law). 7-1-111. Use of public funds to support or oppose ballot measure — Deﬁnitions. (a) As used in this section: (1) “Governmental body” means the same as deﬁned in § 21-8-402; (2) “Public funds” means funds, moneys, receivables, grants, invest- ments, instruments, real or personal property, or other assets, liabili- ties, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and (3)(A) Except as provided in subdivision (a)(3)(B) of this section, “public servant” means an individual who is: (i) Employed by a governmental body; (ii) Appointed to serve a governmental body; or (iii) Appointed to a governmental body. (B) “Public servant” does not include: 35 7-1-111 GENERAL PROVISIONS ### Page 45 (i) An elected official; or (ii) A person appointed to an elective office. (b) It is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure. (c) This section does not: (1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views support- ing or opposing a ballot measure; (2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation; (3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or (4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and respon- sibilities of the public servant. (d)(1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor. (2)(A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body. (B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately. History. Acts 2013, No. 312, § 2. CHAPTER 11 SPECIAL ELECTIONS SUBCHAPTER 2 — SPECIAL ELECTIONS ON MEASURES AND QUESTIONS SECTION. 7-11-201. Calling special elections on measures or questions. 7-11-205. Dates of special elections on measures and questions — Exceptions — Separate ballots — Deﬁnition. 36 7-1-111 ELECTIONS ### Page 46 7-11-201. Calling special elections on measures or questions. All special elections on measures or questions referred to the voters by governmental entities as authorized by law shall be called by proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority as required by law. History. Acts 2009, No. 1480, § 47; 2021, No. 610, § 9. Amendments. The 2021 amendment deleted “Except for special school elec- tions” at the beginning of the section. 7-11-205. Dates of special elections on measures and questions — Exceptions — Separate ballots — Deﬁnition. (a)(1) Except as provided in subdivision (a)(2) of this section, all special elections on measures or questions referred to the voters by governmental entities as authorized by law shall be held on the: (A) First Tuesday after the ﬁrst Monday in March; or (B) Second Tuesday of November. (2)(A) Special elections scheduled to occur on a legal holiday: (i) In March on the ﬁrst Tuesday after the ﬁrst Monday shall be held on the second Tuesday of the month; and (ii) In November on the second Tuesday shall be held on the third Tuesday of the month. (B) Special elections held in months in which a preferential primary election or general election is scheduled to occur shall be held on the date of the preferential primary election or general election. (C) A special election on a measure or question may be scheduled on the second Tuesday of a month, other than the months provided in subdivision (a)(1) of this section, if necessary to comply with the requirements of Arkansas Constitution, Article 5, § 1. (b)(1) An emergency special election may be held on a date other than the dates speciﬁed under subsection (a) of this section. (2) An emergency special election may be held on the second Tuesday of any month, other than the month following a preferential primary election or general election, when two-thirds (2⁄3) of all the members elected to the governing entity have determined that an emergency exists. (3) As used in this subsection, “emergency” means that: (A) A substantial change has occurred in: (i) The interpretation of the law by the federal or state courts which if not addressed by an election will render the governing entity incapable of performing its lawful duties and obligations; (ii) Circumstances due to a ﬁre, ﬂood, tornado, or other natural disaster which if not addressed by an election will render the governing entity ﬁnancially incapable of performing its lawful duties and obligations; or 37 7-11-205 SPECIAL ELECTIONS ### Page 47 (iii) Circumstances that the governing body of the entity request- ing the election has determined to be an imminent danger to public health and safety; and (B) A delay of the emergency special election until the next date under this section would cause a substantial and undue hardship to the governing entity or a threat to the public peace, health, and safety. (4)(A) A qualiﬁed elector for an emergency special election may ﬁle an action in the circuit court of the county in which the document calling for the emergency special election is ﬁled to ask the court to determine if circumstances exist that permit the governing entity to call an emergency special election under this subsection. (B) If the court determines circumstances do not exist that permit the governing entity to call an emergency special election: (i) The emergency special election shall not occur; or (ii) If the emergency special election has already occurred, any measure approved in the emergency special election shall be void. (C) A challenge ﬁled under subdivision (b)(4)(A) of this section may not be ﬁled more than thirty (30) days from the date the document calling for the special election being challenged is ﬁled with the county clerk. (c)(1) If a special election is held on the date of the preferential primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (2) The portion of the ballot containing the special election shall be labeled with a heading stating “SPECIAL ELECTION ON ________” with a brief description of the measure or question to be decided in the election. (d) Separate ballots containing the issue or issues to be voted on at the special election and candidates for nonpartisan judicial office shall be prepared and made available to voters requesting a separate ballot. (e) A voter shall not be required to vote in a political party’s preferential primary in order to be able to vote in the special election. (f) A special election shall be held not less than seventy (70) days following the date that the proclamation, ordinance, resolution, order, or other authorized document is ﬁled with the county clerk. History. Acts 2009, No. 1480, § 47; 2011, No. 1185, § 16; 2017, No. 1088, § 4; 2021, No. 610, § 10; 2023, No. 300, § 1; 2025, No. 405, § 8. Amendments. The 2011 amendment substituted “seventy (70)” for “sixty-ﬁve (65)” in (b)(1), and substituted “sixty (60)” for “ﬁfty (50)” in (b)(2). The 2017 amendment inserted “general primary election” twice in (a)(1)(A); redes- ignated former (a)(1)(B)(i) as present (a)(1)(B); and deleted former (a)(1)(B)(ii); and made stylistic changes. The 2021 amendment rewrote former (a)(1)(A) and redesignated it as (a)(1); re- designated former (a)(1)(B) as (a)(2)(A); added (a)(2)(B) through (a)(2)(E); redesig- nated former (a)(2)-(4) as (a)(3)-(5); and rewrote (b). The 2023 amendment deleted “May, Au- gust” following “March” in (a)(1)(A); sub- stituted “May” for “February, May, Au- gust” in (a)(1)(B); added (b)(1); redesignated the introductory language of former (a)(2)(D) as (b)(2); added “an emer- gency exists” in (b)(2); deleted former 38 7-11-205 ELECTIONS ### Page 48 (a)(2)(D)(i); inserted the introductory lan- guage of (b)(3) and (b)(3)(A); redesignated former (a)(2)(D)(ii) as (b)(3)(B); redesig- nated former (a)(2)(E) as (b)(4); redesig- nated former (a)(3) through (a)(5) as (c) through (e); redesignated former (b) as (f); and updated internal references. The 2025 amendment deleted “second Tuesday of” at the end of introductory language in (a)(1); and rewrote (a)(1) and (a)(2)(A). Effective Dates. Acts 2023, No. 300, § 2: Jan. 1, 2024. 39 7-11-205 SPECIAL ELECTIONS ### Page 49 [No machine-readable text extracted on this page.] ### Page 50 TITLE 13 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES CHAPTER. 2. LIBRARIES. CHAPTER 2 LIBRARIES SUBCHAPTER. 1. GENERAL PROVISIONS. 2. ARKANSAS STATE LIBRARY. 3. LIBRARY OF THE SECRETARY OF STATE. 4. COUNTY LIBRARIES. 5. MUNICIPAL LIBRARIES AND READING ROOMS. 6. INTERSTATE LIBRARY COMPACT. 7. CONFIDENTIALITY OF PATRONS’ RECORDS. 8. ARKANSAS LIBRARY MATERIALS SECURITY LAW. 9. REGIONAL LIBRARY SYSTEM LAW. 10. ARKANSAS DIGITAL LIBRARY ACT. A.C.R.C. Notes. Acts 1995, No. 64, § 1, as amended by Acts 1997, No. 250, § 252, provided: “(a) A Commission on Library Laws is created and shall be composed of seventeen (17) members to be appointed by the Governor as follows: “(1) Five (5) shall be library directors, one from each of the state’s ﬁve (5) library development districts; “(2) Four (4) shall be citizens who are interested in and knowledgeable about library services; “(3) Two (2) shall be representatives of municipal government; “(4) Two (2) shall be representatives of county government; “(5) One (1) shall be the state librarian or designee; “(6) One (1) shall be a trustee from a library or library system that serves more than ﬁfty thousand (50,000) people; “(7) One (1) shall be a trustee from a library or library system that serves less than ﬁfty thousand (50,000) people; “(8) One (1) shall be an attorney who is knowledgeable about municipal and county law. “(b) The governor shall make the ap- pointments and select the chairperson from the commission membership no later than January 1, 1996. “(c) The Commission shall hold its ﬁrst meeting during January, 1996 at a time and place designated by the chairperson. Subsequent meetings will be held at the call of the chairperson or upon the written request of ﬁve (5) members of the commis- sion. “(d) The Governor may remove any commission member for incapacity, incom- petence, neglect of duty or malfeasance in office. “(e) The Governor shall ﬁll any vacancy from a list of at least two (2) qualiﬁed candidates submitted within ﬁfteen (15) days of the vacancy by the commission. The Governor shall make the appoint- ment within ﬁfteen (15) days after the commission has submitted the candidates’ names. “(f) The members shall serve without compensation, but may be reimbursed for expenses in accordance with Arkansas Code 25-16-901 et seq.” Acts 1995, No. 64, § 2, provided: “(a) The Commission on Library Laws shall study 41 ### Page 51 existing laws of the state that affect the operation and development of public and regional libraries for the purpose of devel- oping a Model Library Law. The Model Library Law shall deﬁne the relationship of the library to the municipality and county in which it is located and may also address any other aspect of law that the commission deems appropriate for the fu- ture development of effective library ser- vices in this state. “(b) The Commission on Library Laws shall hold public hearings, may hire staff and consultants as monies are available, and may solicit, accept, retain and admin- ister gifts, grants or donations of money, services or property. “(c) The Commission shall report its ﬁndings and make its recommendations to the Governor and the Bureau of Legis- lative Research by January 1, 1997.” SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 13-2-101. [Repealed.] 13-2-102. Multijurisdictional system agreements. 13-2-103. Library computer use — Policy — Signed agreement form required. 13-2-104. [Repealed.] 13-2-105. Debit card and credit card pay- ments. SECTION. 13-2-106. Establishment of guidelines for selection, relocation, and retention of materials — Deﬁnitions. 13-2-107. Imagination Library of Arkan- sas Program. Effective Dates. Acts 2001, No. 912, § 3: Mar. 19, 2001. Emergency clause pro- vided: “It is found and determined by the General Assembly that the establishment of internet use policies for our public schools and libraries is vital; and that until this act goes into effect, minors will not be afforded the protection which will result from this act. Therefore, an emer- gency is declared to exist and this act being immediately necessary for the pres- ervation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Gov- ernor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effec- tive on the date the last house overrides the veto.” Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classiﬁcation and compensation levels of state employ- ees covered by the provisions of the Uni- form Classiﬁcation and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being neces- sary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.” 13-2-101. [Repealed.] Publisher’s Notes. This section, con- cerning libraries, archives, and cultural resources, was repealed by Acts 2013, No. 1347, § 1. The section was derived from Acts 1987, No. 555, §§ 1, 2; 2005, No. 1994, § 80. 42 13-2-101 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 52 13-2-102. Multijurisdictional system agreements. All county public libraries created under the authority of § 13-2-401 et seq. and all city public libraries created under the authority of § 13-2-501 et seq. which have entered into interlocal cooperation agreements or any other formal or informal or contractual arrange- ments to form a joint city-county library, a regional library or library system, or any other form of multiple-jurisdiction library system which are not in written format shall within one (1) year formalize and renew in writing all such agreements and contractual arrangements among the libraries. History. Acts 1997, No. 402, § 14. A.C.R.C. Notes. As enacted by Acts 1997, No. 402, § 14, this section began: “On and after the effective date of this act,”. The effective date of Acts 1997, No. 402, was August 1, 1997. 13-2-103. Library computer use — Policy — Signed agreement form required. (a) The board of directors of each library operated as an entity of the state or any city, county, or other political subdivision of the state with one (1) or more public access computers shall develop, adopt, and implement a written policy that: (1) Establishes and maintains a system to prevent a minor from gaining computer access to materials harmful to minors as deﬁned in § 5-68-501; (2) Provides for: (A) Suspending the privilege of a minor to use the public access computers if the minor violates the policy; and (B) Revoking such a privilege for a repeat offender; and (3) Requires each user to sign a computer-use agreement form outlining proper and improper use of public access computers prior to the user’s being allowed to access the computer equipment. (b) For purposes of this section, “public access computer” means a computer that is: (1) Located in a public school or public library; (2) Accessible by a minor; and (3) Connected to any computer communication system such as, but not limited to, what is commonly known as the Internet. (c) Copies of the standards and rules for the enforcement of this section shall be submitted to the Arkansas State Library. History. Acts 2001, No. 912, § 2; 2003, No. 1473, § 28. A.C.R.C. Notes. As enacted by Acts 2001, No. 912, subsection (a) contained the following language following “implement”: “by August 1, 2001.” Amendments. The 2003 amendment, in (a), deleted “by August 1, 2001” follow- ing “implement”; in (a)(1), inserted “and maintains” following “establishes” and substituted “a minor” for “minors”; in- serted the subdivision designations in (a)(2); in (a)(2)(B), deleted “provides for” preceding “revoking” and substituted “of- 43 13-2-103 LIBRARIES ### Page 53 fender” for “offenders”; in (a)(3), substi- tuted “each user” for “all users” and “his or her” for “their”; and added (c). Cross References. School computer use policy, § 6-21-107. RESEARCH REFERENCES U. Ark. Little Rock L. Rev. Survey of Legislation, 2001 Arkansas General As- sembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453. 13-2-104. [Repealed.] Publisher’s Notes. This section, con- cerning library computer use policy, was repealed by Acts 2003, No. 1473, § 28. The section was derived from Acts 2001, No. 1533, §§ 1, 3. For current law, see § 13-2-103. 13-2-105. Debit card and credit card payments. (a) A library operated as an entity of the state, a county, or a municipality may accept a legal payment for ﬁnes, charges, donations, or purchases and any associated costs through a debit card or credit card in accordance with applicable state and federal law. (b)(1) A library may enter into a contract with a debit card or credit card company and pay any fees normally charged by the debit card or credit card company for allowing the library to accept the debit card or credit card as payment subject to the provisions of subsection (a) of this section. (2) When a payment is made through a debit card or credit card, the library shall assess a transaction fee equal to the amount charged to the library by the debit card company or credit card company, which may be added to the payment amount. History. Acts 2021, No. 380, § 1. 13-2-106. Establishment of guidelines for selection, relocation, and retention of materials — Deﬁnitions. (a) Each county or municipal library shall have a written policy to establish guidelines for the selection, relocation, and retention of physical materials that are available to the public. (b) A county or municipal library shall have a written policy for addressing challenged material that is physically present in the library and available to the public and meets the requirements stated in subsection (c) of this section. (c) A written policy adopted by a county or municipal library under subsection (b) of this section shall provide, at a minimum, the following: (1) A person affected by the material to be challenged or an employee of the county or municipal library may challenge the appropriateness of material available in the county or municipal library; (2) The county or municipal library shall decide if material being challenged shall remain available throughout the challenge process; 44 13-2-104 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 54 (3) Before a person can ﬁle a challenge, the person shall request a meeting with the librarian of the county or municipal library; (4) Before a meeting under subdivision (c)(3) of this section occurs, the county or municipal library shall provide a copy of the following to a person who requests a meeting under subdivision (c)(3) of this section: (A) The written policy adopted by the county or municipal library under subsection (b) of this section; and (B) A form or other method by which a person may request a reconsideration of the appropriateness of the material being chal- lenged; (5) After the meeting requested under subdivision (c)(3) of this section occurs, if the person who requested the meeting wants to formally challenge the appropriateness of the material that was the subject of the meeting, the person shall complete and submit the request for reconsideration using the form or other method provided under subdivision (c)(4)(B) of this section to challenge the material that was the subject of the meeting; (6)(A) In conducting a review of material being challenged, the librarian of the county or municipal library shall select a committee of library personnel. (B) The librarian or his or her designee shall be a member of the committee and may serve as the chair of the committee established under subdivision (c)(6)(A) of this section. (C) The committee members who are not the librarian shall have knowledge appropriate for the material being challenged and be representative of diverse viewpoints; (7)(A) The committee established under subdivision (c)(6)(A) of this section shall determine if the material being challenged meets the criteria of selection. (B) Material being challenged: (i) Shall not be withdrawn solely for the viewpoints expressed within the material; and (ii) Shall be reviewed in its entirety and shall not have selected portions taken out of context; (8) The county or municipal library shall convene a meeting of the committee established under subdivision (c)(6)(A) of this section after allowing a reasonable time for the committee members to adequately review the material being challenged and the request submitted under subdivision (c)(5) of this section by the person challenging the appro- priateness of the material; (9) The committee established under subdivision (c)(6)(A) of this section shall allow the person who submitted the request under subdivision (c)(5) of this section to present his or her request to the committee; (10) After hearing from the person who submitted the request under subdivision (c)(5) of this section, the committee established under subdivision (c)(6)(A) of this section shall meet to discuss the material being challenged; 45 13-2-106 LIBRARIES ### Page 55 (11)(A) The committee established under subdivision (c)(6)(A) of this section shall vote to determine whether the material being chal- lenged shall be relocated within the library’s collection to an area that is not accessible to minors under eighteen (18) years of age. (B) A member of the committee established under subdivision (c)(6)(A) of this section who votes with the majority under subdivision (c)(11)(A) of this section shall write a summary of the reasons for the majority’s decision. (C) Notice of the committee’s decision under subdivision (c)(11)(A) of this section and the summary prepared under subdivision (c)(11)(B) of this section shall be given by hand or by certiﬁed mail to the person who submitted the request under subdivision (c)(5) of this section; (12)(A) If the committee established under subdivision (c)(6)(A) of this section decides not to relocate the material being challenged, the person who submitted the request under subdivision (c)(5) of this section may appeal the committee’s decision to the governing body of the county or city by ﬁling a written appeal to the executive head of the governing body of the county or city within ﬁve (5) working days of the committee’s decision or written receipt of the committee’s decision. (B)(i) If a person appeals the decision of a committee under this subdivision (c)(12), the executive head of the county or city shall present the material being challenged, the request submitted by the person under subdivision (c)(5) of this section, the committee’s decision under subdivision (c)(11)(A) of this section, and the summary prepared under subdivision (c)(11)(B) of this section to the governing body of the county or city within ﬁfteen (15) days of the committee’s decision. (ii) In addition to the information required to be provided under subdivision (c)(12)(B)(i) of this section, the executive head of the county or city may also include his or her recommendation regarding the appeal submitted under this subdivision (c)(12). (C)(i) The members of the governing body of the county or city shall review the information submitted to them under this subdivi- sion (c)(12) and shall make a decision on the appeal within thirty (30) days of receiving the information. (ii) The decision of the governing body of the county or city under subdivision (c)(12)(C)(i) of this section is ﬁnal; and (13) A meeting held regarding a challenge or an appeal submitted under a written policy adopted by a county or city library under subsection (b) of this section shall be a public meeting and the records submitted and considered at a meeting shall be public records under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) As used in this section: (1) “Executive head of the county or city” means: (A) For a county library, the executive head of the county; (B) For a city library, the executive head of the city; and 46 13-2-106 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 56 (C) For a library that is funded by both a county and a city, the executive head of the county or city that provides the majority of the funding for the library; and (2) “Governing body of the county or city” means: (A) For a county library, the county; (B) For a city library, the city; and (C) For a library that is funded by both a county and a city, the county or city that provides the majority of the funding for the library. History. Acts 2023, No. 372, § 5. Publisher’s Notes. On December 23, 2024, the United States District Court for the Western District of Arkansas, Fayette- ville Division, permanently enjoined the enforcement of this section. This ruling is currently under appeal in the 8th U.S. Circuit Court of Appeals, as of the publi- cation of this volume. 13-2-107. Imagination Library of Arkansas Program. (a) There is created the Imagination Library of Arkansas Program. (b) The Imagination Library of Arkansas Program shall promote the development of a comprehensive statewide initiative for encouraging preschool children to develop a love of reading and learning. (c)(1)(A) The Imagination Library of Arkansas Program Fund shall be used to provide, through Dolly Parton’s Imagination Library, one (1) age-appropriate book to each registered child from birth to ﬁve (5) years of age in each participating county. (B) The Imagination Library of Arkansas Program shall contribute a ﬁfty percent (50%) match of the funds, if available, required of local programs participating in Dolly Parton’s Imagination Library. (2) A book shall be sent monthly to the home of each registered child from birth to ﬁve (5) years of age in each participating county at no cost to the family of a registered child. (d) The Department of Education shall partner with a nonproﬁt entity organized solely to promote and encourage reading in early childhood for the children of Arkansas, including without limitation the Arkansas Imagination Library, to administer the Imagination Library of Arkansas Program, which shall include without limitation the following: (1) Promoting the statewide development of county-level Dolly Par- ton’s Imagination Library programs; (2) Advancing and strengthening local Dolly Parton’s Imagination Library programs with the goal of increasing family enrollment in those programs; (3) Recruiting volunteers to assist in the development, promotion, and coordination of the Imagination Library of Arkansas Program; (4) Soliciting donations, gifts, and other funding to ﬁnancially sup- port the local Dolly Parton’s Imagination Library programs; (5) Developing community engagement; (6) Administering the Imagination Library of Arkansas Program’s and local programs’ dollar matching requirements; 47 13-2-107 LIBRARIES ### Page 57 (7) Coordinating the collection and remittance of local program costs for books and mailing; and (8) Developing statewide marketing and communication plans. History. Acts 2023, No. 640, § 1. SUBCHAPTER 2 — ARKANSAS STATE LIBRARY SECTION. 13-2-201. State and local publications de- ﬁned — Exemptions. 13-2-202. Effect of subchapter. 13-2-203. Arkansas State Library cre- ated. 13-2-204. State Librarian. 13-2-205. State Library Board. 13-2-206. Meetings of board. 13-2-207. Powers and duties generally. 13-2-208. Cooperation with other librar- ies. 13-2-209. Agreements with Arkansas State Archives and Secre- tary of State. SECTION. 13-2-210. Depository for federal, state, and local documents. 13-2-211. Depository agreements and eli- gibility. 13-2-212. State and Local Government Publications Clearing- house. 13-2-213. Number of copies provided clearinghouse. 13-2-214. Libraries of colleges and uni- versities — Contracts — Status. A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, pro- vided: “(a) The General Assembly ﬁnds: “(1) State government provides vital functions that impact the lives of Arkan- sas citizens on a daily basis; “(2) While these functions are impor- tant, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and “(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity’s governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services. “(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and ef- fectiveness in the operations of state gov- ernment as a whole.” Cross References. Depositories, § 25-18-301 et seq. Effective Dates. Acts 1979, No. 489, § 12: July 1, 1979. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the Gen- eral Assembly that Act 1211 of 1995 estab- lished the procedure for all state boards and commissions to follow regarding reim- bursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conﬂict with the Act 1211 of 1995; and that until this cleanup act be- comes effective conﬂicting laws will exist. Therefore an emergency is declared to exist and this act being immediately nec- essary for the preservation of the public peace, health and safety shall become ef- fective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall be- come effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.” Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is 48 13-2-107 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 58 found and determined by the General As- sembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new de- partments of the state; that these revi- sions impact the expenses and operations of state government; and that the sections of this act other than the two uncodiﬁed sections of this act preceding the emer- gency clause titled ‘Funding and classiﬁ- cation of cabinet-level department secre- taries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the ﬁscal year to allow for implementation of the new provisions at the beginning of the ﬁscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.” 13-2-201. State and local publications deﬁned — Exemptions. (a) As used in this subchapter, the terms “state publication” and “local publication” shall include any document issued or printed by any state agency or local government which may be released for distribu- tion, but these terms do not include: (1) The bound volumes of the printed acts of each of the sessions of the General Assembly; (2) The bound volumes of the Arkansas Supreme Court Reports; (3) Printed copies of the Arkansas Statutes of 1947 Annotated or pocket part supplements thereto; (4) Any other printed document which may be obtained from the office of the Secretary of State upon the payment of a charge or fee therefor; (5) Correspondence and intraoffice or interoffice or agency communi- cations or documents which are not of vital interest to the public; (6)(A) Publications of state or local agencies intended or designed to be of limited distribution to meet the requirements of educational, cultural, scientiﬁc, professional, or similar use of a limited or re- stricted purpose and which are not designed for general distribution. (B) Similarly, other publications or printed documents which are prepared to meet the limited distribution requirements of a govern- mental grant or use which are not intended for general distribution shall also be deemed exempt from the provisions of this subchapter unless funds have been provided for printing of a quantity of such publications sufficient for distribution. (b) A depository copy of each document noted in subdivisions (a)(1), (2), (3), and (6) shall be made available to the Arkansas State Library. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. 13-2-202. Effect of subchapter. (a)(1) Nothing in this subchapter shall repeal, alter, or change the duties and responsibilities of the Secretary of State to maintain a library of official books, records, and documents under the provisions of 49 13-2-202 LIBRARIES ### Page 59 § 13-2-301 et seq. and other laws of this state which impose speciﬁc duties upon the Secretary of State. (2) The library maintained by the Secretary of State under the provisions of § 13-2-301 et seq. shall be designated as the Library of the Secretary of State, and the Secretary of State shall be librarian thereof. (b) Nothing in this subchapter shall repeal, alter, or change the powers, duties, and responsibilities of the Arkansas State Archives as deﬁned by law. History. Acts 1979, No. 489, § 10; A.S.A. 1947, § 6-307n; Acts 2016 (3rd Ex. Sess.), No. 2, § 97; 2016 (3rd Ex. Sess.), No. 3, § 97. Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (b). 13-2-203. Arkansas State Library created. (a) There is created and established within the Department of Education a division to be known as the Arkansas State Library. (b) The library shall function within the Department of Education in the same manner as provided by agencies transferred pursuant to a cabinet-level transfer under § 25-43-105 and which shall be adequately funded and properly housed in a designated building at the seat of state government. History. Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301; Acts 2019, No. 910, § 2231. Amendments. The 2019 amendment, in (b), substituted “Department of Educa- tion” for “department” and “pursuant to a cabinet-level transfer under § 25-43-105” for “to the principal Department of gov- ernment by a type 1 transfer under the provisions of § 25-2-104”. 13-2-204. State Librarian. (a) The Arkansas State Library shall be headed by the State Librar- ian, to be appointed by the State Library Board, in consultation with the Secretary of the Department of Education. The State Librarian shall serve for such time and for such terms as the board may prescribe. (b)(1) Except as provided in subdivision (b)(2) of this section, the State Librarian shall be a person of good professional standing and reputation, holding at least a master’s degree from a graduate school of library science accredited by the American Library Association, and shall have had experience in library administration in academic, public, school, or special libraries. (2) Work experience in the ﬁeld of library science may be substituted for a master’s degree from a graduate school of library science accred- ited by the American Library Association if approved by the board. (3) The requirements under subdivision (b)(2) of this section shall not disqualify the library from receiving state funds. (c) The State Librarian shall have charge of the work of the library and shall perform such other duties as the board may prescribe. 50 13-2-203 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 60 History. Acts 1979, No. 489, §§ 1, 2; A.S.A. 1947, § 6-301; Acts 2019, No. 910, § 2232; 2025, No. 242, § 1. Amendments. The 2019 amendment inserted “in consultation with the Secre- tary of the Department of Education” in (a). The 2025 amendment added the (b)(1) designation; added “Except as provided in subdivision (b)(2) of this section” in (b)(1); and added (b)(2) and (b)(3). 13-2-205. State Library Board. (a) There is created the State Library Board. (b)(1) The board shall consist of seven (7) members, to be appointed by the Governor subject to conﬁrmation by the Senate. (2) The members of the board shall be appointed by the Governor for reasons of their interest in libraries and in statewide library develop- ment. (3)(A) One (1) member of the board shall be appointed from each of the four (4) congressional districts of this state in existence at the time of appointment, and three (3) members shall be selected from the state at large. (B) However, no more than two (2) members of the board shall be appointed from any one (1) congressional district. (4)(A) All members appointed to the board shall serve terms of seven (7) years and until their successors are appointed and qualiﬁed. (B) No board member shall be appointed to serve for more than two (2) consecutive full terms. (c) Vacancies occurring on the board due to death, resignation, or other reason shall be ﬁlled by appointment of the Governor for the remainder of the unexpired portion of the term in the same manner as for the initial appointment. (d)(1) Members of the board shall receive per diem at the rate established by law for attending board meetings or for performing other services required of members in their official capacity as members of the board. (2) In addition, members shall be entitled to mileage at the rate provided by law for official travel of state employees for each mile in traveling from their place of residence to meetings of the board and returning or for attending to other authorized business of the board. History. Acts 1979, No. 489, § 2; A.S.A. 1947, § 6-301; Acts 1997, No. 250, § 73; 1997, No. 1152, § 1; 2017, No. 540, § 12. A.C.R.C. Notes. Pursuant to § 1-2- 207, this section is set out above as amended by Acts 1997, No. 1152. Acts 1997, No. 250 amended subsection (d) of this section to read as follows: “(d) Mem- bers of the board may receive expense reimbursement and stipends in accor- dance with § 25-16-901 et seq.” As enacted by Acts 1997, No. 1152, § 1, subdivision (b)(4)(B) began: “Beginning January 1, 1998,”. Acts 2025, No. 903, § 1, provided: “Re- constitution of State Library Board. “(a) The terms of the members of the State Library Board serving on the effec- tive date of this act [August 5, 2025] shall be cut short and terminated on the effec- tive date of this act [August 5, 2025]. “(b) (1) In place of the members whose terms were cut short and terminated under sub- section (a) of this section, the Governor shall appoint seven (7) new members of 51 13-2-205 LIBRARIES ### Page 61 the State Library Board whose terms shall commence on the effective date of this act [August 5, 2025]. “(2) Appointments under subdivision (b)(1) of this section shall be made in the manner under § 13-2-205. “(c) The Governor shall call the ﬁrst meeting of the newly appointed State Li- brary Board within thirty (30) days of the effective date of this act [August 5, 2025]. “(d) (1) At the ﬁrst meeting of the newly appointed State Library Board, the mem- bers of the State Library Board shall draw lots so that: “(A) One (1) member serves a term of one (1) year; “(B) Two (2) members serve a term of three (3) years; “(C) Two (2) members serve a term of ﬁve (5) years; and “(D) Two (2) members serve a term of seven (7) years. “(2) Persons subsequently appointed to the State Library Board shall serve a term of seven (7) years. “(3) A term of a member of the newly appointed State Library Board of less than seven (7) years shall not be consid- ered a full term for the purpose of § 13-2- 205(b)(4)(B).” Publisher’s Notes. Acts 1979, No. 489, § 2, also provided, in part, that the Ar- kansas Library Commission was abol- ished and that no less than four members of the commission serving on July 1, 1979, should be appointed as initial members of the State Library Board. The terms of the members of the State Library Board are arranged so that one term expires every year. Acts 1979, No. 489, § 10, abolished the State Library Board created by Acts 1927, No. 244, § 5, as amended, and transferred its functions and duties to the State Li- brary Board created by this section. Amendments. The 2017 amendment substituted “at the time of appointment” for “on July 1, 1979” in (b)(3)(A); and substituted “consecutive full terms” for “consecutive terms, including partial terms” in (b)(4)(B). 13-2-206. Meetings of board. (a) The State Library Board shall meet at such place or places and shall keep such records as it may deem appropriate. (b) The board shall select annually a chair and any other officers as it deems necessary. (c) The board shall adopt policies and bylaws governing its meetings, the conduct of its business, and the business of the Arkansas State Library. (d) The State Librarian shall serve as secretary of the board, but without a vote thereon, and shall attend all of the board meetings and keep records thereof. (e) A majority of the board’s members shall constitute a quorum for the transaction of business, and all business transacted by the board shall be by majority vote of its members. History. Acts 1979, No. 489, §§ 1, 3; A.S.A. 1947, §§ 6-301, 6-302; Acts 2019, No. 910, § 2233. Amendments. The 2019 amendment substituted “secretary” for “Executive Sec- retary” in (d). 13-2-207. Powers and duties generally. Within the limitations of facilities and funds provided for the Arkan- sas State Library, the Arkansas State Library shall: (1) Acquire books and other library materials by purchase, exchange, gift, grant, or donation and catalog and maintain those books and materials and make them available for reference and research use of 52 13-2-206 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 62 the public and the public officials and employees of this state and its political subdivisions under such rules established by the State Library Board as may be reasonably necessary to govern the use and preserva- tion thereof; (2) Establish and maintain a collection of books and library mat- erials of and pertaining to Arkansas and its people, resources, and history and maintain the collection as a separate section within the Arkansas State Library; (3) Operate and maintain a collection of multimedia materials to complement book collections and establish reasonable rules for their use and preservation; (4) Provide specialized services to the blind and individuals with physical disabilities under a cooperative plan with the National Library Service for the Blind and Physically Handicapped of the Library of Congress; (5) Assist communities, libraries, schools, colleges, universities, study and civic clubs and groups, charitable and penal institutions, state agencies and departments, county and municipal governments, and any other institutions, agencies, and individuals with books, information, library materials, and services as needed; (6) Direct the establishment and development of county and regional library systems and programs, devise and implement a certiﬁcation plan for public librarians, and assist in the design and building of public library facilities; (7) Conduct courses of library instruction, hold library institutes in various parts of the state, and encourage the recruitment and training of library personnel in any suitable manner; (8) Cooperate with the Division of Elementary and Secondary Edu- cation and the Division of Higher Education in devising plans for the development of libraries, in aiding librarians in their administration, in certiﬁcation policies, and in formulating rules for the use of libraries; (9) Receive gifts of library materials, money, and real and personal property, to be held in trust, subject to the terms of the donation for the purposes of this subchapter; (10) Be the official state library agency designated to administer state and federal programs of aid to libraries and to undertake such other activities and services as will further statewide development of libraries and library systems through interlibrary, interagency, and interstate cooperation in order to secure efficient and effective library service for all Arkansans; (11)(A) Cooperate with the various officers, departments, and agen- cies of state government in pooling and sharing library materials and programs so that duplication of services and facilities shall be minimized and so that maximum utilization may be made of the library services and resources of this state. (B) In furtherance of subdivision (11)(A) of this section, the Arkan- sas State Library may enter into contracts or agreements with state officers, departments, and agencies for the provision of special library 53 13-2-207 LIBRARIES ### Page 63 services where needed and, under the terms of the contract or agreement, may provide for the method of ﬁnancing special costs incurred by the Arkansas State Library in furnishing and maintain- ing such special library services; and (12) Perform all other functions and services that are common to the purposes and objectives of a state library. History. Acts 1979, No. 489, § 4; A.S.A. 1947, § 6-303; Acts 1997, No. 208, § 9; 2019, No. 315, §§ 977, 978; 2019, No. 910, § 2234. A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and pur- pose. The General Assembly hereby ac- knowledges that many of the laws relating to individuals with disabilities are anti- quated, functionally outmoded, deroga- tory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Anno- tated.” Acts 2023, No. 566, § 11, as amended by Acts 2025, No. 543, § 10 provided: “STATE FUNDING FOR LIBRARIES PROVISIONS. “(i) The Department of Education — Arkansas State Library provides grants and aid to Libraries across the state. The Arkansas State Library has developed the Standards for State Aid to public libraries which creates standards public libraries must meet to be eligible for state aid. “(ii) The Standards for State Aid to Public Libraries contains the requirement that a public library shall maintain a one-mill county or city property tax, and the requirement that the library have a qualiﬁed librarian. “(iii) Less populated areas in the State may not have the ability to pass and maintain a one-mill county or city prop- erty tax. “(iv) Due to the importance that the public library represents to rural commu- nities, the Arkansas State Library shall review and modify the requirements that prevent rural public libraries from receiv- ing state grant and aid that is authorized by the General Assembly, as set out is subsection (v). “(v) Therefore, the Arkansas State Li- brary shall promulgate rules that allow a public library to adequately demonstrate a source of revenue in lieu of the require- ment to maintain a one-mill county or city property tax. “(vi) One month prior to the distribu- tion of state aid to public libraries for the 2026 Fiscal Year, the Arkansas State Li- brary shall report to the Arkansas Legis- lative Council or Joint Budget Committee, if meeting in legislative session, the re- vised Standards for State Aid to Public Libraries which shall address in writing the actions taken to address the issues as set out in this section. The report shall include all criteria, including but not lim- ited to how a local public library may become certiﬁed to receive funding from the Arkansas State Library. “(vii) The provisions of this section shall be in effect only from July 1, 2025 through June 30, 2026.” Publisher’s Notes. Acts 1979, No. 489, § 7, provided that all powers and duties formerly vested in the Arkansas Library Commission, not speciﬁcally repealed by or inconsistent with the act, should be transferred to the State Library. It further provided for the transfer of all of the commission’s property to the State Li- brary to be used as the board should determine. Acts 1979, No. 489, § 8, provided, in part, that all powers and duties formerly vested in the Secretary of State under Acts 1971, No. 163 (§§ 25-18-306 — 25- 18-308), should be transferred to the Ar- kansas State Library. Acts 1979, No. 489, § 9, provided, in part, that all powers, functions, and du- ties of the Arkansas Library Commission with respect to the Interstate Library Compact, § 13-2-601 et seq., and all con- tracts and agreements entered into by the commission under the compact, should be performed by the State Library and the State Library Board. Amendments. The 2019 amendment by No. 315 deleted “and regulations” fol- lowing “rules” in (3) and (8). 54 13-2-207 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 64 The 2019 amendment by No. 910, in (8), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Edu- cation” for “Department of Higher Educa- tion”. Cross References. Preservation of state publications, § 13-3-108. Records of public officials, preservation, § 13-3-107. 13-2-208. Cooperation with other libraries. (a) The Arkansas State Library shall cooperate with the public and private libraries in the State of Arkansas and may enter into necessary agreements with libraries in other states and the Library of Congress for the sharing of library books, documents, facilities, or services under such terms and conditions as the State Library Board shall determine to be within the scope and services of the Arkansas State Library and in keeping with the state’s library programs. (b)(1) The Arkansas State Library shall obtain reports from all libraries and each year report the condition, growth, development, and manner of development of those libraries and such other facts and statistics as may be of public interest. (2) The Arkansas State Library shall include a summary thereof in its biennial report, which shall be ﬁled with the Governor and the presiding officer of each house of the General Assembly. History. Acts 1979, No. 489, § 6; A.S.A. 1947, § 6-305. 13-2-209. Agreements with Arkansas State Archives and Secre- tary of State. (a) The Arkansas State Library, acting through the State Library Board, is authorized to enter into necessary agreements with the Arkansas State Archives, with respect to an overall plan and design to assure that the functions and materials of the library and the Arkansas State Archives may be convenient to the public and public officials of this state and to its political subdivisions, and to assure that unneces- sary duplication of services and facilities is minimized. (b)(1)(A) In addition, the library is authorized to enter into contracts and agreements with the Secretary of State for the custody, storage, cataloging, or display in the library or Arkansas State Archives of any books, records, documents, or other papers in the custody of the Secretary of State. (B) This shall be done under such terms and conditions as may be mutually agreed to by the parties. (2) The library is also authorized to accept custody and control over any books, records, and documents which the Secretary of State is now required by law to keep or maintain in his or her official ﬁles or volumes, if: (A) The Secretary of State shall determine that the records could be properly cataloged, stored, and preserved in the library or Arkan- sas State Archives; and 55 13-2-209 LIBRARIES ### Page 65 (B) The Governor agrees in writing for the transfer of the books, records, and documents from the Secretary of State to the library or Arkansas State Archives, in accordance with the terms of the agreement made in writing signed by the Secretary of State and the State Librarian or the State Historian for the custody, cataloging, preservation, and care of the records. History. Acts 1979, No. 489, § 5; A.S.A. 1947, § 6-304; Acts 2016 (3rd Ex. Sess.), No. 2, § 98; 2016 (3rd Ex. Sess.), No. 3, § 98. Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in the section heading and in (a); substituted “Arkansas State Ar- chives” for “commission” in (a); and in- serted “Arkansas” preceding “State Ar- chives” in (b)(1)(A), (b)(2)(A), and (b)(2)(B). 13-2-210. Depository for federal, state, and local documents. The Arkansas State Library shall serve as the state’s regional depository library for federal documents and shall become the official depository for state and local documents. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. 13-2-211. Depository agreements and eligibility. (a) The Arkansas State Library may enter into depository agree- ments with any city, county, district, regional, town, school, college, or university library in this state. (b) The Arkansas State Library shall establish standards for eligi- bility as a depository library under this section, § 13-2-210, and §§ 13-2-212 — 13-2-214. The standards may include and take into account: (1) The type of library; (2) The library’s ability to preserve state and local publications and to make them available for public use; and (3) The library’s geographical location, in order to assure that the publications are conveniently accessible to residents in all areas of the state. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. 13-2-212. State and Local Government Publications Clearing- house. (a) The Arkansas State Library shall create and maintain a State and Local Government Publications Clearinghouse. (b) The Arkansas State Library shall make such rules as may be necessary to carry out the purposes of the clearinghouse. (c)(1) All state agencies, including the General Assembly and its committees, constitutional officers, any department, division, bureau, 56 13-2-210 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 66 board, commission, or agency of the State of Arkansas, all local governments, including cities of the ﬁrst and second class and incorpo- rated towns, and counties, and all boards, commissions, or agencies thereof shall furnish to the Arkansas State Library, upon release, a speciﬁed number of copies of each of its state or local publications. (2) These publications shall be furnished to enable the clearinghouse to meet the needs of the Depository Library System and to provide library loan services to those libraries without depository status. (3) The distribution will be required only if sufficient funds are appropriated for the printing of these materials by the agencies, boards, and commissions and for the distribution thereof by the Arkansas State Library to depository libraries. (d) At least quarterly, and more frequently if funds are available, the clearinghouse of the Arkansas State Library shall publish and, upon request, distribute a list of state publications to all state agencies and contracting depository libraries. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. 13-2-213. Number of copies provided clearinghouse. (a) If sufficient funds are available, each state and local agency printing or duplicating publications of the type which are to be made available to the State and Local Government Publications Clearing- house shall print or duplicate ﬁfty (50) additional copies or a lesser number as may be requested by the Arkansas State Library, for deposit with the clearinghouse for distribution to established depository librar- ies or interstate library exchange. (b) However, if a state agency or a local governmental agency does not have sufficient funds or resources available to furnish the ﬁfty (50) copies to the clearinghouse, it shall notify the Arkansas State Library and deliver to the clearinghouse three (3) copies of each publication to be maintained in the Arkansas State Library, to be indexed and made available on loan to participating libraries through the interlibrary loan services of the Arkansas State Library. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. 13-2-214. Libraries of colleges and universities — Contracts — Status. (a) The Arkansas State Library is authorized to enter into contracts or agreements with the Mullins Library of the University of Arkansas at Fayetteville and the library of each of the state-supported institu- tions of higher learning in this state to provide through the State and Local Government Publications Clearinghouse any of the clearing- house, exchange, depository, or selective or partial depository duties or functions of any of the libraries, or to provide depository library services 57 13-2-214 LIBRARIES ### Page 67 in behalf of any of the libraries that may be mutually agreed to by the Arkansas State Library and the Mullins Library of the University of Arkansas at Fayetteville or one (1) of the several institutions of higher learning of this state. (b)(1) Nothing in this subchapter shall be construed to repeal, amend, modify, or affect the status of the Mullins Library of the University of Arkansas at Fayetteville as a depository of state, city, and county documents under the provisions of §§ 25-18-301 — 25-18-304. (2) This subchapter shall not repeal, amend, modify, or affect the powers of the Mullins Library of the University of Arkansas at Fayetteville or the library of each of the state-supported institutions of higher learning to be a selective or partial depository of state, city, and county documents under the provisions of §§ 25-18-306 — 25-18-308. History. Acts 1979, No. 489, § 8; A.S.A. 1947, § 6-307. Publisher’s Notes. Sections 25-18-302 — 25-18-304, referred to in subsection (b), were repealed by Acts 1993, No. 1224, § 6. SUBCHAPTER 3 — LIBRARY OF THE SECRETARY OF STATE SECTION. 13-2-301. Librarian. 13-2-302. Binding of books and docu- ments. 13-2-303. [Repealed.] 13-2-304. Procuring copies of missing books. 13-2-305. [Repealed.] SECTION. 13-2-306. Expenses of procuring works. 13-2-307. Accounts. 13-2-308. Privilege of using books. 13-2-309. Removal of books. 13-2-310. Injury to or failure to return books or charts — Penalty. 13-2-301. Librarian. The Secretary of State shall be librarian for the Library of the Secretary of State and shall have custody and direction of all books, papers, maps, charts, and all other things belonging to it, and he or she shall take special care that none of them be lost or injured. History. Rev. Stat., ch. 144, § 1; C. & M. Dig., § 4428; Pope’s Dig., § 5463; A.S.A. 1947, § 5-301. Publisher’s Notes. Section 13-2-202 provides that nothing in § 13-2-201 et seq., which created the State Library Board, shall affect the duties of the Secre- tary of State under this subchapter and that the library maintained by the Secre- tary of State shall be known as the Li- brary of the Secretary of State. 13-2-302. Binding of books and documents. The Secretary of State shall cause to be bound, if not already done, in an inexpensive and substantial manner, three (3) copies of each of the acts of the General Assembly. History. Rev. Stat., ch. 144, § 2; C. & M. Dig., § 4429; Pope’s Dig., § 5464; A.S.A. 1947, § 5-302; Acts 2001, No. 791, § 1. Amendments. The 2001 amendment substituted “acts of the General Assembly of this state” for “following works”; and deleted (1) through (4). 58 13-2-301 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 68 13-2-303. [Repealed.] Publisher’s Notes. This section, con- cerning books arranged in a convenient room, was repealed by Acts 2001, No. 791, § 2. The section was derived from Rev. Stat., ch. 144, § 3; C. & M. Dig., § 4430; Pope’s Dig., § 5465; A.S.A. 1947, § 5-303. 13-2-304. Procuring copies of missing books. Where there shall be a deﬁciency in any of the acts, journals, or other works, it shall be the duty of the Secretary of State to correspond with the proper officer for the purpose of procuring copies of the different works, and, if not otherwise procured, he or she shall purchase them and place them in the Library of the Secretary of State. History. Rev. Stat., ch. 144, § 4; C. & M. Dig., § 4431; Pope’s Dig., § 5466; A.S.A. 1947, § 5-304. 13-2-305. [Repealed.] Publisher’s Notes. This section, con- cerning the purchase of books as directed by the General Assembly, was repealed by Acts 2001, No. 791, § 3. The section was derived from Rev. Stat., ch. 144, § 5; C. & M. Dig., § 4432; Pope’s Dig., § 5467; A.S.A. 1947, § 5-305. 13-2-306. Expenses of procuring works. All expenses of procuring copies of acts, journals, and other works as are mentioned in this subchapter shall be paid out of the contingent fund of the General Assembly. History. Rev. Stat., ch. 144, § 6; C. & M. Dig., § 4433; Pope’s Dig., § 5468; A.S.A. 1947, § 5-306. 13-2-307. Accounts. The Auditor of State shall adjust the accounts of the Secretary of State as Librarian for the Library of the Secretary of State and draw warrants for the payment of them. History. Rev. Stat., ch. 144, § 7; C. & M. Dig., § 4434; Pope’s Dig., § 5469; A.S.A. 1947, § 5-307. 13-2-308. Privilege of using books. The officers of the several departments of the state, who are entitled to the use of the Library of the Secretary of State, may introduce citizens or strangers into the library, who shall have the privilege, during all seasonable hours, to read any of the books therein. 59 13-2-308 LIBRARIES ### Page 69 History. Rev. Stat., ch. 144, § 11; C. & M. Dig., § 4438; Pope’s Dig., § 5473; A.S.A. 1947, § 5-311. 13-2-309. Removal of books. (a) No person shall be permitted to remove any book from the Library of the Secretary of State except the Governor, Auditor of State, Treasurer of State, members of the General Assembly, Justices of the Supreme Court and judges of circuit courts, and attorneys for the state. (b) No person shall be permitted to remove any book from the library without giving a receipt therefor to the Secretary of State. History. Rev. Stat., ch. 144, §§ 8, 9; C. & M. Dig., §§ 4435, 4436; Pope’s Dig., §§ 5470, 5471; A.S.A. 1947, §§ 5-308, 5-309. 13-2-310. Injury to or failure to return books or charts — Penalty. If any person shall injure or fail to return any book, map, or chart taken from the Library of the Secretary of State for more than three (3) months, he or she shall forfeit and pay to the Secretary of State, for the use and beneﬁt of the library, three (3) times the value thereof, or of the set to which it belongs, to be recovered in the name of the state for the use of the library. History. Rev. Stat., ch. 144, § 10; C. & M. Dig., § 4437; Pope’s Dig., § 5472; A.S.A. 1947, § 5-310. SUBCHAPTER 4 — COUNTY LIBRARIES SECTION. 13-2-401. Establishment. 13-2-402. Librarian. 13-2-403. Multidistrict counties. 13-2-404. County public library fund — Claims. 13-2-405. Surplus funds — Matching funds. 13-2-406. Library services for outside the SECTION. county — Fees for county public libraries. 13-2-407. Joint city-county and regional public library systems. 13-2-408. Injuries to county public library property — Penalty. 13-2-409. County library tax petition — Filing fee. A.C.R.C. Notes. References to “this subchapter” in §§ 13-2-401 — 13-2-408 may not apply to § 13-2-409, which was enacted subsequently. Cross References. Local government reserve funds, § 14-73-101 et seq. Public bodies corporate and politic, § 25-20-201 et seq. Supreme Court Reports, § 25-18-218. 60 13-2-309 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 70 13-2-401. Establishment. (a) The county quorum courts of the several counties shall have the power and authority to establish, maintain, and operate county public libraries or public library services or systems in the manner and with the functions prescribed in this subchapter, and counties may appro- priate money for these purposes. (b) The county quorum court shall also have the power to establish in cooperation with another county or other counties a joint public library or a joint library service or system for the beneﬁt of the cooperating counties. (c)(1) Establishment of county libraries or library systems shall be evidenced by an ordinance of the county quorum court or by an agreement between the governing bodies of the several counties par- ticipating in a regional library system or coordinating library services under an interlocal agreement. (2) Appropriations for the establishment and maintenance of a county library or library system shall be in the manner prescribed by law for expenditures by counties. (d) In addition to county library boards created under this section, § 13-2-402, and § 13-2-404, a county quorum court may by ordinance establish a county library board to conduct the affairs of the county public library or its library services or system in accordance with the law for establishing other county advisory or administrative boards found at § 14-14-705. History. Acts 1927, No. 244, § 1; Pope’s Dig., § 2629; A.S.A. 1947, § 17-1001; Acts 1997, No. 402, § 1; 2011, No. 837, § 1. A.C.R.C. Notes. As enacted by Acts 1997, No. 402, § 1, subdivision (d)(2) began: “Beginning January 1, 1998,”. Amendments. The 2011 amendment deleted (d)(2). 13-2-402. Librarian. (a) No person shall be appointed to the office of county librarian unless prior to appointment the person is recommended for appoint- ment by the county library board, if the board has been created. (b) The county librarian shall conduct the library according to the most acceptable library methods. History. Acts 1927, No. 244, § 4; Pope’s Dig., § 2632; A.S.A. 1947, § 17-1004; Acts 1997, No. 402, § 2. 13-2-403. Multidistrict counties. In any county in this state which is divided into two (2) districts and which has two (2) county seats, each district of the county may be considered as an individual county for the purpose of levying a county library tax under the provisions of Arkansas Constitution, Amendment 38. 61 13-2-403 LIBRARIES ### Page 71 History. Acts 1973, No. 239, § 1; A.S.A. 1947, § 17-1001.1. 13-2-404. County public library fund — Claims. (a)(1) All tax and other county-appropriated funds of the county public library shall be in the custody of the county treasurer and shall constitute a separate fund, to be known as the “county public library fund”. (2)(A) A county that supports a county public library or library system with a library tax under Arkansas Constitution, Amendment 38, shall by ordinance of the quorum court of the county levy a tax at a millage rate approved by the voters on all taxable property within the county to be used for the support, operation, and maintenance of the public library or public library system located in the county. (B) As used in Arkansas Constitution, Amendment 38, “maintain- ing and operating” a public county library or a county library service or system includes the: (i) Repair and upkeep of property and equipment; (ii) Overhead and ongoing costs; and (iii) General and administrative expenses. (C) Except as otherwise provided in the ordinance, “maintaining and operating” includes without limitation: (i) Postage, telephone, and Internet services; (ii) Printing; (iii) Library-owned motor vehicle expenses; (iv) Advertising; (v) Minor and major repairs; (vi) Maintenance contracts; (vii) Lawn care services; (viii) Utilities and fuel; (ix) Rent and lease payments; (x) Insurance premiums; (xi) Association and membership dues; (xii) Contractual services not otherwise classiﬁed; (xiii) Consumable supplies, materials, and commodities; (xiv) Court costs; (xv) Equipment not capitalized; (xvi) Applicable petty cash reimbursements, laundry, and taxes; (xvii) Travel, subsistence, meals, lodging, and transportation of county library employees or officials traveling on official business; and (xviii) Such other items and expenses as may be considered maintaining and operating a public county library or a county library service or system under Arkansas Constitution, Amendment 38. (3) In addition to the levy authorized by this section, the quorum court in a county may appropriate from any available funds for the support, operation, and maintenance of a public library or public library system located in the county. 62 13-2-404 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 72 (4) Further, the quorum court in a county may appropriate from the county funds and any other available funds for the support, operation, and maintenance of a regional public library system in which the county has agreed to participate in coordination with the libraries of other counties and other cities. (b)(1) Funds received by the county public library by gift, bequest, devise, or donation or from fees or ﬁnes may remain in the custody of the county library board, if a board has been created, or deposited with the county treasurer for the county public library fund if the county library board so chooses or if a board has not been created. (2) Funds retained by the county library board shall be used by it for the establishment, expansion, construction, maintenance, and opera- tion of the county library. (c)(1) No claim against the fund shall be approved by the county court until acted upon by the governing library board, if a governing library board has been created, and payment authorized by the govern- ing library board. (2) When certiﬁed as a valid claim by the governing library board, the claim shall be acted upon as all other claims against the county. (3)(A)(i) Pursuant to an ordinance adopted by the quorum court at the request of the governing library board, the governing library board may certify to the county treasurer a claim against the fund for an amount equal to the undistributed balance of the fund. (ii) The ordinance shall specify the frequency that the claim may be made. The frequency shall not be more than monthly. (B) The claim shall be acted upon as all other claims against the county. (C) When the claim is paid, the funds shall be in the custody of the governing library board and shall be subject to expenditure pursuant to an appropriate resolution or budget adopted by the governing library board. History. Acts 1927, No. 244, § 2; Pope’s Dig., § 2630; Acts 1981, No. 49, § 1; A.S.A. 1947, § 17-1002; Acts 1995, No. 232, § 2; 1997, No. 402, § 3; 2005, No. 1162, § 1; 2009, No. 570, § 1; 2009, No. 764, § 1. A.C.R.C. Notes. Pursuant to § 1-2- 207, this section is set out above as amended by Acts 2009, No. 764. Subsec- tion (a)(2)(B) was also added by Acts 2009, No. 570, to read as follows: “(B) Mainte- nance and operation costs include rental costs paid for the library facility.” Amendments. The 2009 amendment by No. 764 inserted (a)(2)(B) and (C) and redesignated the remaining text of (a)(2) accordingly. 13-2-405. Surplus funds — Matching funds. (a) The governing board of any county public library is authorized to use any surplus funds available in the operating or maintenance account of the public library for matching federal or other funds available for ﬁnancing necessary expansions or improvements of the public library. 63 13-2-405 LIBRARIES ### Page 73 (b) Before using any of the funds for the purposes of this section, the governing board of the county public library shall adopt a resolution setting forth the: (1) Amount of the funds to be used; (2) Purposes for which the funds are to be used; (3) Amount of matching funds to be derived by the use of the funds; and (4) Nature of the expansions or improvements to be made. (c) The resolution shall include a declaration that the use of the funds will not jeopardize any existing program of the county public library and that the funds are not needed for any existing or anticipated maintenance or operating purpose of the library. (d) The governing board of any county library using funds as authorized in this section is authorized to enter into contracts or agreements necessary to accomplish the purposes of this section. (e)(1) With respect to the purposes of this section, the governing board is authorized to accept gifts, grants, or donations of both real and personal property from the federal government or from any person, ﬁrm, or corporation. (2) These gifts, grants, or donations shall be used for the purposes of the expansion or improvement of the public library. History. Acts 1965, No. 402, § 1; A.S.A. 1947, § 19-3205.1. Publisher’s Notes. Acts 1965, No. 402, § 1, is also codiﬁed as § 13-2-504. 13-2-406. Library services for outside the county — Fees for county public libraries. (a) Any county public library may extend the privilege and use of the library and library services to persons residing outside the county upon the terms and conditions as the library boards may prescribe by regulation or policy. (b) In addition, reasonable reimbursements may be collected by the county public library for providing any special library services beyond the customary library services, provided that they are determined in advance and in writing by the library board, if a board has been created. History. Acts 1997, No. 402, § 4. 13-2-407. Joint city-county and regional public library systems. (a)(1) Any county library board, with the consent of its county quorum court, the board of trustees of any municipal public library, any group of municipal public libraries, and any combination of counties and cities may contract with each other or among themselves to create, maintain, and support a joint city-county public library system or regional public library system or may enter into an interlocal coopera- tion agreement among themselves to coordinate public library services among the different jurisdictions. 64 13-2-406 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 74 (2) Such a contract, interlocal agreement, or other arrangement shall contain terms, agreements, and conditions as may be agreed upon by the county library board, the county quorum court, and the board of trustees of the several municipalities with the ﬁnal approval of the governing body of the cities. (3) The expenses of the regional public library system or the cooper- ating libraries shall be apportioned between or among the entities concerned on such a basis as shall be agreed upon in the ordinance, contract, arrangement, or interlocal agreement. (4) The library system headquarters building shall be located at a place in one (1) of the counties to be agreed upon by the quorum courts of the various counties in the regional public library or with a cooper- ating library system. (b) Any county library board may contract with an entity to provide library services at any location. (c) Any joint city-county public library system or regional public library system may extend the privilege and use of the library and library services to persons residing outside the several jurisdictions of the library system upon the terms and conditions as the several library boards may prescribe by regulations or policy. (d)(1) If not provided for by the library system or by one (1) of the participating jurisdictions of the library system, all eligible employees of a joint city-county library or a regional public library system shall be entitled to the comparable retirement and fringe beneﬁt coverage as are other county employees in the headquarters county. (2) Costs for these beneﬁts shall be apportioned among the partici- pating jurisdictions of the joint city-county library or a regional public library system. History. Acts 1997, No. 402, § 5. 13-2-408. Injuries to county public library property — Penalty. (a) In addition to any penalties prescribed and notwithstanding any provisions to the contrary in the Arkansas Library Materials Security Law, § 13-2-801 et seq., the county quorum court shall have the power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon library grounds or property or injuring or failing to return any book, periodical, or property belonging to the library. (b) The county library board or the county librarian may refuse the use of the library to such offenders. History. Acts 1997, No. 402, § 6. 13-2-409. County library tax petition — Filing fee. When a petition is ﬁled as authorized in Arkansas Constitution, Amendment 38, as amended by Amendment 72, to submit to the electors of a county the question of levying, increasing, decreasing, or 65 13-2-409 LIBRARIES ### Page 75 repealing a county library tax and the petition or the sponsor of the petition requests that the question be submitted at a special election, the sponsor of the petition may be required by the county quorum court to pay a ﬁling fee not to exceed two thousand dollars ($2,000) which shall be used to offset a portion of the cost of calling and conducting the special election. History. Acts 2001, No. 1377, § 1. A.C.R.C. Notes. References to “this subchapter” in §§ 13-2-401 — 13-2-408 may not apply to this section, which was enacted subsequently. SUBCHAPTER 5 — MUNICIPAL LIBRARIES AND READING ROOMS SECTION. 13-2-501. Establishment — Appropria- tions. 13-2-502. Board of trustees. 13-2-503. Powers of trustees — Librarian and staff. 13-2-504. Surplus funds — Matching funds. 13-2-505. Donations for library. 13-2-506. Injuries to library property — Penalty. SECTION. 13-2-507. Contracts for library services outside the city — Fees for special library services. 13-2-508. Joint municipal libraries — Joint city-county libraries. 13-2-509. Trustees’ report. 13-2-510. City and town library services. Effective Dates. Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Ar- kansas that this act makes various revi- sions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may beneﬁt from improved election procedures. Therefore, an emergency is declared to exist and this act being imme- diately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Gov- ernor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.” Cross References. Local government reserve funds, § 14-73-101 et seq. Public bodies corporate and politic, § 25-20-201 et seq. Public libraries, Ark. Const. Amend. 30. 13-2-501. Establishment — Appropriations. (a)(1) The city council or governing body of any city of the ﬁrst class may by ordinance establish and maintain a public library for the use and beneﬁt of the inhabitants of the city. (2) The governing body of any city which levies a city library tax in accordance with Arkansas Constitution, Amendment 30, shall estab- lish, operate, and maintain a city public library or library services for the citizens of the city. (b)(1) In a city of the ﬁrst class, on petition of ﬁve percent (5%) of the voters requesting the establishment of a public library, the city council 66 13-2-501 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 76 or governing body of the municipality within thirty (30) days after the ﬁling of the petition shall call an election to be held in accordance with § 7-11-201 et seq. (2)(A) The election shall be advertised and conducted as special elections are required by law to be advertised and conducted. (B) The ballots shall be marked “FOR Public Library”, “AGAINST Public Library”. (3) If a majority of the electors voting at the election vote in favor of the establishment of a public library, it shall be the duty of the city council or the governing body of the municipality immediately to establish a public library and continue to maintain it in accordance with the provisions of this section. (c) When a public library has been established, the city council or the governing body of the municipality may allot for library purposes a prescribed proportion of its municipal revenues to be used exclusively for the maintenance of the public library. (d)(1) A city which supports a city public library or library system with a city library tax under Arkansas Constitution, Amendment 30, shall by ordinance of the governing body of the municipality appropri- ate all tax revenues raised by the millage approved by the voters on all taxable property within the city to be used for the support, operation, and maintenance of the public library or public library system located in the city or for library services from within a library system in which the city participates. (2) In addition to the levy authorized in this subsection, the govern- ing body of the municipality may make contributions from any avail- able funds for the support, operation, and maintenance of a city public library or public library system located in the city or for library services from within a library system in which the city participates. (3) Further, the governing body of a municipality may make contri- butions from the city funds and any other available funds for the support, operation, and maintenance of a joint city-county or regional public library system in which the city has agreed to participate in coordination with the libraries of other cities and other counties. History. Acts 1931, No. 177, § 1; Pope’s Dig., § 9590; A.S.A. 1947, § 19-3201; Acts 1991, No. 417, § 1; 1997, No. 402, § 7; 2005, No. 2145, § 17; 2007, No. 1049, § 34; 2009, No. 1480, § 49. Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7- 5-103(b)” in (b)(1). 13-2-502. Board of trustees. (a)(1) When any city council or governing body of a city of the ﬁrst class has decided to establish and maintain a public library under this subchapter, the mayor of the city with the approval of the city council shall appoint a board of not fewer than ﬁve (5) trustees nor more than seven (7) trustees for the library. (2) The trustees shall be chosen from the citizens at large with reference to their ﬁtness for the office. 67 13-2-502 LIBRARIES ### Page 77 (3) Before entering upon the duties of their office, the trustees shall make oath or affirmation before some judicial officer that they will discharge the duties enjoined upon them. (b) The trustees shall receive no compensation for their services. (c)(1) Two (2) trustees shall hold office for two (2) years, two (2) for four (4) years, and one (1) or more members for ﬁve (5) years from the January 1 following their appointment in each case. At the ﬁrst meeting they shall cast lots for their respective terms, reporting the result to the council or governing body. All subsequent terms shall be for ﬁve (5) years. (2) However, all trustees appointed after January 1, 1998, shall serve terms of ﬁve (5) years and until their successors are appointed and qualiﬁed. Any trustee may succeed himself or herself in office. (d)(1) The removal of any trustee permanently from the city or his or her absence from four (4) consecutive meetings of the board without due explanation of absence shall render his or her office as trustee vacant. (2) Vacancies on the board shall be ﬁlled by the mayor with the approval of the city council or governing body. (e) Immediately after their appointment, the trustees shall meet and organize by the election of one (1) of their number as president and by the election of such other officers as they may deem necessary. (f) The trustees shall make and adopt such bylaws, rules, and regulations for their own guidance as they see ﬁt. (g) The trustees shall meet once a calendar quarter, or more often if necessary, for the transaction of business. (h) With the ﬁnal approval of the city council or governing body of the municipality, the trustees shall have the authority: (1) To negotiate and carry out all agreements between the city public library and the governing boards of the several city libraries and any counties participating in a joint city-county library or a regional library system; or (2) To coordinate any and all library services for their city under an interlocal cooperation agreement. History. Acts 1931, No. 177, §§ 2-4; Pope’s Dig., §§ 9591-9593; Acts 1973, No. 56, § 1; A.S.A. 1947, §§ 19-3202 — 19- 3204; Acts 1997, No. 204, § 1; 1997, No. 402, § 8; 2001, No. 630, § 1; 2001, No. 1515, § 1. Amendments. The 2001 amendment, by No. 630, redesignated the former (c)(1) as the present (c); added the last sentence in (c); and deleted (c)(2). The 2001 amendment, by No. 1515, de- leted “or has decided to provide library services to its citizens through participa- tion in a library system” preceding “under this subchapter” in (a)(1); and substituted “the trustees” for “they” in (a)(3). 13-2-503. Powers of trustees — Librarian and staff. (a)(1) All moneys received for library purposes, whether by taxation or otherwise, shall belong to and be designated as the library fund. (2) The moneys shall be kept separate and apart from other funds of the city and drawn upon by the proper officers of the library upon the properly authenticated invoices of the library board of trustees. 68 13-2-503 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 78 (b)(1) The board shall have exclusive control of the expenditures of all moneys collected to the credit of the library fund and of the construction of any library building. (2) The board shall have the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for library purposes. (c)(1)(A) The board shall have the power to purchase or lease grounds or to purchase, lease, erect, and occupy appropriate build- ings for the use of the library. (B) When a building erected or purchased by the board is not adapted to its purpose or needs, the board may remodel or recon- struct the building. (2) The board may also sell or otherwise dispose of any real or personal property that it deems no longer necessary or useful for library purposes. (d)(1) The board shall have the power to appoint a librarian qualiﬁed by education, training, experience, and personality, who shall serve at the will of the board. (2) The board shall have the power to appoint necessary assistants and other members of the staff, basing their appointment on the recommendation of the librarian. (e) The board shall have the power to make necessary rules and regulations for administering the library and shall make provisions for representation at library conventions. History. Acts 1931, No. 177, § 5; Pope’s Dig., § 9594; A.S.A. 1947, § 19-3205; Acts 2005, No. 1246, § 1. Cross References. Exemption from civil service commission act, § 14-49-301. 13-2-504. Surplus funds — Matching funds. (a) The board of trustees of any city public library is authorized to use any surplus funds available in the operating or maintenance account of the library for matching federal or other funds available for ﬁnancing necessary expansions or improvements of the library. (b) Before using any of the funds for the purposes of this section, the board shall adopt a resolution setting forth the amount of the funds to be used, the purposes for which the funds are to be used, the amount of matching funds to be derived by the use of the funds, and the nature of the expansions or improvements to be made. (c) The resolution shall include a declaration that the use of the funds will not jeopardize any existing program of the library and that the funds are not needed for any existing or anticipated maintenance or operating purpose of the library. (d) The board, using funds as authorized in this section, is autho- rized to enter into contracts or agreements necessary to accomplish the purposes of this section. (e) With respect to the purposes of this section, the board is autho- rized to accept gifts, grants, or donations of real or personal property 69 13-2-504 LIBRARIES ### Page 79 from the federal government or from any person, ﬁrm, or corporation, to be used for the purposes of the expansion or improvement of the library. History. Acts 1965, No. 402, § 1; A.S.A. 1947, § 19-3205.1. Publisher’s Notes. Acts 1965, No. 402, § 1, is also codiﬁed as § 13-2-405. 13-2-505. Donations for library. (a) Any person desiring to make donations of money, personal property, or real estate for the beneﬁt of a library shall have the right to vest the title to the money or real estate so donated in the board of trustees of the library created under this subchapter. (b) The money or real estate shall be held and controlled by the board, when accepted, according to the terms of the deed, gift, devise, or bequest of the property. (c) As to the property, the board shall be considered trustees. History. Acts 1931, No. 177, § 7; Pope’s Dig., § 9596; A.S.A. 1947, § 19-3207. 13-2-506. Injuries to library property — Penalty. (a) In addition to any penalties prescribed and notwithstanding any provisions to the contrary in the Arkansas Library Materials Security Law, § 13-2-801 et seq., the city council or governing body of a city shall have the power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon library grounds or property or injuring or failing to return any book, periodical, or property belonging to the library. (b) The board of trustees of the library may refuse the use of the library to such offenders. History. Acts 1931, No. 177, § 8; Pope’s Dig., § 9597; A.S.A. 1947, § 19-3208; Acts 1997, No. 402, § 9. 13-2-507. Contracts for library services outside the city — Fees for special library services. (a) The board of trustees of the library may extend the privilege and use of the library to persons residing outside the city upon such terms and conditions as the board may prescribe by its regulations or its policies. (b) The board may also contract for library service or for the privilege and use of the library with the county quorum court, the municipal authorities of a neighboring city, town, or village, or school authorities. (c) In addition, reasonable reimbursements may be collected by the city public library for providing any special library services beyond the customary library services, provided they are determined in advance and in writing by the board. 70 13-2-505 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 80 History. Acts 1931, No. 177, § 6; Pope’s Dig., § 9595; A.S.A. 1947, § 19-3206; Acts 1997, No. 402, § 10. 13-2-508. Joint municipal libraries — Joint city-county librar- ies. (a) When any city council or governing body of a city of the ﬁrst class shall have decided to establish and maintain a public library under the terms of this subchapter, the city board of trustees of the library appointed pursuant to this subchapter in fulﬁlling the purposes of this subchapter may contract with the municipal authorities of a neighbor- ing city within this state or without this state if the city limits of the neighboring city so without this state extend to the state line of this state and are contiguous to the city limits of the city of the ﬁrst class within this state, whereby a common library for the residents of both cities may be established and maintained by both cities. (b) The contract shall provide for the division of the total cost of establishing, maintaining, and operating the library between the cities, even though the library is located without this state. (c) However, the contract shall become effective only from and after its ratiﬁcation by a majority of the elected members of the city council or the governing body of a city of the ﬁrst class. (d)(1) The city board of trustees, with the consent of its governing body of the city, and the county library board, with the consent of the county quorum court, or any group of municipal public libraries, and any combination of them, may contract with each other or among themselves to create, maintain, and support a joint city-county public library system or regional public library system or may enter into an interlocal cooperation agreement among themselves to coordinate pub- lic library services among the different jurisdictions. (2) Such a contract or interlocal agreement shall contain terms, agreements, and conditions as may be agreed upon by the city board of trustees, the county library board of trustees, the county quorum court, and the board of trustees of the several municipalities. (e) Any library or joint city-county library or other library system created under this section for coordination of library services when so established and operated shall be a public city library for all the intents and purposes of this subchapter and of Arkansas Constitution, Amend- ment 30. (f) This section does not repeal any existing law and shall be cumulative to the provisions of §§ 13-2-501 — 13-2-503, 13-2-505 — 13-2-507, and 13-2-509. History. Acts 1951, No. 36, §§ 1-3; A.S.A. 1947, §§ 19-3210, 19-3211, 19- 3211n; Acts 1997, No. 402, § 11. 71 13-2-508 LIBRARIES ### Page 81 13-2-509. Trustees’ report. (a) At the end of each ﬁscal year, the board of trustees of the library shall present a report of the condition of the trust to the city council. This report shall be veriﬁed under oath by the secretary or some responsible person. (b) It shall contain: (1) An itemized statement of the various sums of money received from the library fund and other sources; (2) A statement of the number of books and periodicals available for use and the number and character thereof circulated; (3) A statement of the real and personal property received by devise, bequest, purchase, gift, or otherwise; (4) A statement of the character of any extension of library service which may have been undertaken; (5) A statement of the ﬁnancial requirements of the library for the ensuing year; and (6) Any other statistics, information, or suggestions that might be of interest. (c) A copy of this report shall be ﬁled with the State Library Board. History. Acts 1931, No. 177, § 9; Pope’s Dig., § 9598; Acts 1951, No. 299, § 1; A.S.A. 1947, § 19-3209. 13-2-510. City and town library services. (a)(1) Any city of the ﬁrst class, city of the second class, or incorpo- rated town in Arkansas may provide for library services for its citizens or may enter into agreements or contracts for library services with other political subdivisions or join with other political subdivisions to form regional library systems to provide library services for its citizens. (2) The governing body of the city of the ﬁrst class, city of the second class, or incorporated town may expend available municipal funds for the support, operation, and maintenance of any service, contract, agreement, or library system in which the municipality participates for library services for its citizens. (b) The provisions of this subchapter shall not be construed to restrict or prohibit any cities of the ﬁrst class, cities of the second class, or incorporated towns from entering into interlocal cooperation agree- ments with other cities, counties, or regional library systems to better coordinate the provision of services to their inhabitants. History. Acts 1997, No. 402, § 12. SUBCHAPTER 6 — INTERSTATE LIBRARY COMPACT SECTION. 13-2-601. Deﬁnition. 13-2-602. Compact enacted. SECTION. 13-2-603. Compact administrators. 13-2-604. Notice of withdrawal. 72 13-2-509 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 82 SECTION. 13-2-605. Prerequisites for construction or maintenance of librar- ies. SECTION. 13-2-606. Interstate library districts in- cluded. Effective Dates. Acts 1967, No. 419, § 7: July 1, 1967. 13-2-601. Deﬁnition. As used in this compact, “state library agency”, with reference to this state, means the State Library Board. History. Acts 1967, No. 419, § 3; A.S.A. 1947, § 6-312. Publisher’s Notes. Acts 1979, No. 489, § 9, provided in part, that all powers, functions, and duties of the Arkansas Li- brary Commission with respect to the In- terstate Library Compact should be per- formed by the State Library and the State Library Board. 13-2-602. Compact enacted. The Interstate Library Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows: INTERSTATE LIBRARY COMPACT ARTICLE I. Policy and Purpose. Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisﬁed by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a coop- erative basis; and to authorize cooperation and sharing among locali- ties, states, and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provisions of library service on an interstate basis the most effective way of providing adequate and efficient service. 73 13-2-602 LIBRARIES ### Page 83 ARTICLE II. Deﬁnitions. As used in this compact: (a) “Public library agency” means any unit or agency of local or state government operating or having power to operate a library. (b) “Private library agency” means any nongovernmental entity which operates or assumes a legal obligation to operate a library. (c) “Library agreement” means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services. ARTICLE III. Interstate Library Districts. (a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain, and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities, and obligations thereto, and receive beneﬁts therefrom as provided in any library agreement to which the agency or agencies become party. (b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agen- cies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies. (c) If a library agreement provides for joint establishment, mainte- nance, or operation of library facilities or services by an interstate library district, the district shall have power to do any one or more of the following in accordance with the library agreement: 1. Undertake, administer, and participate in programs or arrange- ments for securing, lending, or servicing of books and other publica- tions, any other materials suitable to be kept or made available by libraries, library equipment, or for the dissemination of information about libraries, the value and signiﬁcance of particular items therein, and the use thereof. 2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any 74 13-2-602 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 84 institution, person, ﬁrm, or corporation, and receive, utilize, and dispose of them. 3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district. 4. Employ professional, technical, clerical, and other personnel, and ﬁx terms of employment, compensation, and other appropriate beneﬁts; and where desirable, provide for the in-service training of personnel. 5. Sue and be sued in any court of competent jurisdiction. 6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service. 7. Construct, maintain, and operate a library, including any appro- priate branches thereof. 8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers. ARTICLE IV. Interstate Library Districts, Governing Board. (a) An interstate library district which establishes, maintains, or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year. (b) Any private library agency or agencies party to a library agree- ment establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide. ARTICLE V. State Library Agency Cooperation. Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library pro- grams, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services, or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district, and an agreement embodying any such program, service, or arrangement shall contain provision covering the subjects detailed in Article VI of this compact for interstate library agreements. 75 13-2-602 LIBRARIES ### Page 85 ARTICLE VI. Library Agreements. (a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement: 1. Detail the speciﬁc nature of the services, programs, facilities, arrangements, or properties to which it is applicable. 2. Provide for the allocation of costs and other ﬁnancial responsibilities. 3. Specify the respective rights, duties, obligations, and liabilities of the parties. 4. Set forth the terms and conditions for duration, renewal, termi- nation, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement. (b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to the agency by the constitution or statutes of its state. (c) No library agreement shall become effective until ﬁled with the compact administrator of each state involved, and approved in accor- dance with Article VII of this compact. ARTICLE VII. Approval of Library Agreements. (a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall ﬁnd that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned, the speciﬁc respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof. (b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the 76 13-2-602 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 86 same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submis- sion and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general. ARTICLE VIII. Other Laws Applicable. Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposal of any property held in trust by a library agency in a manner contrary to the terms of such trust. ARTICLE IX. Appropriations and Aid. (a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which the public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement. (b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which the district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies. ARTICLE X. Compact Administrator. Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be ﬁled. The administrator shall have any other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, the state may designate one or more deputy compact administrators in addition to its compact administrator. ARTICLE XI. Entry into Force and Withdrawal. (a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by that state. 77 13-2-602 LIBRARIES ### Page 87 (b) This compact shall continue in force with respect to a party state and remain binding upon that state until six (6) months after the state has given notice to each other party state of the repeal thereof. The withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein. ARTICLE XII. Construction and Severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. History. Acts 1967, No. 419, § 1; A.S.A. 1947, § 6-310. 13-2-603. Compact administrators. The Governor shall appoint an officer of this state who shall be the compact administrator pursuant to Article X of the compact. The Governor shall also appoint one (1) or more deputy compact adminis- trators pursuant to that article. History. Acts 1967, No. 419, § 5; A.S.A. 1947, § 6-314. 13-2-604. Notice of withdrawal. In the event of withdrawal from the compact, the Governor shall send and receive any notices required by Article XI(b) of the compact. History. Acts 1967, No. 419, § 6; A.S.A. 1947, § 6-315. 13-2-605. Prerequisites for construction or maintenance of li- braries. No county, city, town, or combination thereof acting as a regional library district of this state shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c)7 of the compact, nor pledge its credit in 78 13-2-603 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 88 support of such a library, or contribute to the capital ﬁnancing thereof, except: (1) After compliance with the Arkansas Constitution and any laws applicable to the county, city, town, or combination thereof relating to or governing capital outlays and the pledging of credit; and (2) After submitting the plan to the State Library Board for ap- proval. History. Acts 1967, No. 419, § 2; A.S.A. 1947, § 6-311. 13-2-606. Interstate library districts included. (a) An interstate library district lying partly within this state may claim to be entitled to receive state aid in support of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this state. (b) For the purposes of computing and apportioning state aid to an interstate library district, this state will consider that portion of the area which lies within this state as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly. (c) Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible. History. Acts 1967, No. 419, § 4; A.S.A. 1947, § 6-313. SUBCHAPTER 7 — CONFIDENTIALITY OF PATRONS’ RECORDS SECTION. 13-2-701. Deﬁnitions. 13-2-702. Penalty. 13-2-703. Disclosure prohibited. SECTION. 13-2-704. Disclosure permitted. 13-2-705. Construction — Statistics. 13-2-706. Use of information in evidence. RESEARCH REFERENCES Ark. L. Rev. Watkins, The Arkansas Freedom of Information Act: Time for a Change, 44 Ark. L. Rev. 535. 13-2-701. Deﬁnitions. As used in this subchapter: (1) “Conﬁdential library records” means documents or information in any format retained in a library that identiﬁes a patron as having requested, used, or obtained speciﬁc materials, including, but not 79 13-2-701 LIBRARIES ### Page 89 limited to, circulation of library books, materials, computer database searches, interlibrary loan transactions, reference queries, patent searches, requests for photocopies of library materials, title reserve requests, or the use of audiovisual materials, ﬁlms, or records; and (2) “Patron” means any individual who requests, uses, or receives services, books, or other materials from a library. History. Acts 1989, No. 903, § 1. 13-2-702. Penalty. (a) Any person who knowingly violates any of the provisions of this subchapter shall be guilty of a misdemeanor and shall be punished by a ﬁne of not more than two hundred dollars ($200) or thirty (30) days in jail, or both, or a sentence of appropriate public service or education, or both. (b) No liability shall result from any lawful disclosure permitted by this subchapter. (c) No action may be brought under this subchapter unless the action is begun within two (2) years from the date of the act complained of or the date of discovery. History. Acts 1989, No. 903, § 2. 13-2-703. Disclosure prohibited. (a) Library records which contain names or other personally identi- fying details regarding the patrons of public, school, academic, and special libraries and library systems supported in whole or in part by public funds shall be conﬁdential and shall not be disclosed except as permitted by this subchapter. (b) Public libraries shall use an automated or Gaylord-type circula- tion system that does not identify a patron with circulated materials after materials are returned. History. Acts 1989, No. 903, § 2. 13-2-704. Disclosure permitted. (a) A library may disclose personally identiﬁable information con- cerning any patron to: (1) The patron; (2) Any person with the informed, written consent of the patron; (3) A law enforcement agency or civil court, under a search warrant; or (4) Any person, including without limitation the patron, who has received an automated telephone notiﬁcation or other electronic com- munication for overdue materials or reserve materials if the person making the request can verify the telephone number or email address to which the notice was sent. (b) A library may disclose conﬁdential library records to: 80 13-2-702 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 90 (1) The patron; and (2) The parent or legal guardian of a patron who is younger than eighteen (18) years of age. History. Acts 1989, No. 903, § 2; 2003, No. 677, § 1; 2009, No. 757, § 1; 2023, No. 372, § 6. Amendments. The 2003 amendment added (4) and made related changes. The 2009 amendment deleted “given at the time the disclosure is sought” at the end of (2); and made minor stylistic changes in (3) and (4). The 2023 amendment added the (a) designation and added (b). 13-2-705. Construction — Statistics. (a) No provision of this subchapter shall be construed to prohibit any library or any business operating jointly with a library from disclosing information for the purpose of: (1) Collecting overdue books, documents, ﬁlms, or other items or materials owned or otherwise belonging to the library; (2) Collecting ﬁnes on overdue books, documents, ﬁlms, or other items or materials; and (3) Contacting its patrons by telephone, mail service, or other me- dium for the purpose of notifying, informing, and educating patrons or otherwise promoting the legitimate programs, policies, and other inter- ests of the library. (b) Aggregate statistics shown from registration and circulation records with all personal identiﬁcation removed may be released or used by a library or library system for research or planning purposes. History. Acts 1989, No. 903, § 2; 1995, No. 612, § 1. 13-2-706. Use of information in evidence. Personally identiﬁable information obtained in any manner other than as provided in this subchapter shall not be received in evidence in any trial, hearing, arbitration, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or political subdivision of the state. History. Acts 1989, No. 903, § 2. SUBCHAPTER 8 — ARKANSAS LIBRARY MATERIALS SECURITY LAW SECTION. 13-2-801. Short title. 13-2-802. Deﬁnitions. 13-2-803. Unauthorized removal or will- ful mutilation of library materials. 13-2-804. Applicability. SECTION. 13-2-805. Reasonable detention and questioning to determine whether offense was com- mitted. 13-2-806. Relation with other criminal or civil proceedings. 81 13-2-706 LIBRARIES ### Page 91 13-2-801. Short title. This subchapter shall be known and may be cited as the “Arkansas Library Materials Security Law”. History. Acts 1995, No. 906, § 1. 13-2-802. Deﬁnitions. For the purposes of this subchapter: (1) “Library materials” means books, manuscripts, letters, news- papers, court records, ﬁlms, microﬁlms, tape recordings, phonograph records, lithographs, prints, photographs, or any other written or printed documents, graphic material of any nature, and other personal property which is the property or in the custody of or entrusted to a public or private library, museum, archive, or other depository; (2) “Mutilate” means, in addition to its commonly accepted deﬁni- tion, the willful removal or separation of constituent parts of an item of library materials, causing library materials to be exposed to damage; and (3) “Without authorization” means contrary to rules which set forth policies governing access to library materials and include eligibility for library patronage and lending procedures. History. Acts 1995, No. 906, § 2. 13-2-803. Unauthorized removal or willful mutilation of library materials. (a)(1) It shall be unlawful for any person to remove library materials without authorization from the premises wherein such materials are maintained or to retain possession of library materials without autho- rization. (2) It shall be unlawful for any person to willfully mutilate library materials. (b)(1) A violation of this section is a Class B felony if the value of the property is two thousand ﬁve hundred dollars ($2,500) or more. (2) A violation of this section is a Class C felony if the value of the property is less than two thousand ﬁve hundred dollars ($2,500) but more than ﬁve hundred dollars ($500). (3) A violation of this section is a Class A misdemeanor if the value of the property is ﬁve hundred dollars ($500) or less. (c) However, before a charge of retaining possession of library materials without authorization shall be ﬁled against any person, the library shall send written notice by ordinary mail addressed to the last known address of the person who checked out or otherwise removed the books or materials from the library, notifying the person that: (1) If the books or materials are not returned to the library within thirty (30) days from the date of the notice, charges will be ﬁled against the person under the provisions of this section; and 82 13-2-801 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 92 (2) Upon conviction, the person may be ﬁned in an amount as provided in this section. History. Acts 1995, No. 906, § 3. Cross References. Fines, § 5-4-201. Imprisonment, § 5-4-401. 13-2-804. Applicability. This subchapter shall apply to all libraries, museums, archives, and other depositories operated by an agency, board, commission, depart- ment, or officer of the State of Arkansas, by private persons, societies, or organizations, or by agencies or officers of municipalities, counties, schools, and institutions of higher learning, or of any other political subdivisions of the State of Arkansas. History. Acts 1995, No. 906, § 4. 13-2-805. Reasonable detention and questioning to determine whether offense was committed. (a) If a person employed by a library or a person charged with the supervision thereof has reason to believe that a person has committed or has attempted to commit any offense under this subchapter or that the person has concealed any library material upon his or her person or within his or her belongings, then the person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not an offense has been committed. (b) The detention and questioning shall not render the employee civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention, or otherwise, if the library employee or person charged with the supervision of the library acts in good faith and in a reasonable manner. (c) For the purpose of ascertaining whether or not an offense has been committed, libraries, museums, archives, and other depositories may establish policies that require persons entering and exiting the premises wherein library materials are maintained to open and disclose the contents of any bags, purses, briefcases, and other containers which are being carried by or are in the possession of the persons. History. Acts 1995, No. 906, § 6; 1997, No. 358, § 1. 13-2-806. Relation with other criminal or civil proceedings. (a) The provisions of this subchapter are supplemental to other criminal statutes. (b) An acquittal or conviction obtained under this subchapter shall not be a bar to civil proceedings or actions arising from the same incident. 83 13-2-806 LIBRARIES ### Page 93 History. Acts 1995, No. 906, § 5. SUBCHAPTER 9 — REGIONAL LIBRARY SYSTEM LAW SECTION. 13-2-901. Title. 13-2-902. Purpose. 13-2-903. Creation of a regional library system. 13-2-904. Board of trustees. SECTION. 13-2-905. Powers and duties. 13-2-906. Annual reports. 13-2-907. Contracts for library services and with other libraries. 13-2-901. Title. This subchapter may be referred to and cited as the “Regional Library System Law”. History. Acts 1997, No. 402, § 13. 13-2-902. Purpose. (a) In order to better coordinate the services of libraries and library systems in different counties, as is permitted under both Arkansas Constitution, Amendment 30, and Arkansas Constitution, Amendment 38, when city and county public libraries are formed in the various counties of the State of Arkansas and taxes are levied in those cities and counties for the purpose of maintaining and operating a public library or library system or when counties, cities, or towns form public libraries or provide library services for their citizens without levying speciﬁc taxes, the city and county public libraries may organize themselves into regional library systems in accordance with this subchapter. (b)(1) The provisions of this subchapter for creating a regional library system in Arkansas shall be supplemental to and in addition to the present laws relating to the powers of counties and municipalities to contract for services and to enter into interlocal cooperation agree- ments under the Interlocal Cooperation Act, § 25-20-101 et seq. (2) This subchapter shall not be construed to prohibit a county or municipality from joining with other counties or cities to create other regional or multijurisdictional arrangements to provide library services for their citizens. History. Acts 1997, No. 402, § 13. 13-2-903. Creation of a regional library system. (a) Any two (2) or more municipalities, any two (2) or more counties, or any one (1) or more municipalities together with any one (1) or more counties are authorized to create and become members of a regional library system as prescribed in this subchapter. (b) Upon the recommendation by the city library board of trustees or the county library board, the governing body of each municipality and county desiring to create and become a member of a system may by ordinance determine that it is in the best interest of the municipality or 84 13-2-901 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 94 county in accomplishing the purposes of this subchapter to create and become a member of a system to better coordinate the services of libraries of different cities and counties as is permitted under Arkansas Constitution, Amendment 30, § 4, and Arkansas Constitution, Amend- ment 38, § 4, or as is otherwise permitted under interlocal cooperation agreements. (c) The ordinance shall: (1) Specify the desire that a system be created as a public body and a body corporate and politic under this subchapter; (2) Set forth the names of the municipalities or counties, or both, which are proposed to be initial members of the system; (3) Set forth the name which is proposed for the system; (4) Specify the powers to be granted to the system and its board of trustees and any limitations on the excercise of the powers granted, including limitations on the system’s area of operations and the use of system funds and facilities; (5) Specify the number of trustees on the board, the length of terms, and the voting rights of each trustee; (6) Establish the proportion of ﬁnancial assistance and support to be apportioned among the participating jurisdictions in the system; and (7) Set forth the terms and conditions for the withdrawal from the system and the division of any system funds or property. (d)(1) The ordinance shall be signed by the mayor of each municipal- ity and the county judge of each county, attested by the respective clerks, and sent to the Secretary of State and to the Arkansas State Library. The Secretary of State shall receive and ﬁle it and shall record it in an appropriate book of record in his or her office. (2) When the ordinance has been made, ﬁled, and recorded as provided in this subchapter, the system shall constitute a public body and a body corporate and politic under the name proposed in the ordinance. (e)(1) Any ordinance ﬁled with the Secretary of State pursuant to the provisions of this section may be amended from time to time, and any other municipality or county may become a new member in the system with the consent of the members of the system evidenced by ordinances of their governing bodies. (2) The amendment shall be signed and ﬁled with the Secretary of State and the Arkansas State Library in the manner provided in this section. History. Acts 1997, No. 402, § 13. 13-2-904. Board of trustees. (a)(1)(A) The management and control of a regional library system shall be vested in a board of trustees, who shall be appointed by the county or municipal library boards from among the membership of the county or municipal library boards. 85 13-2-904 LIBRARIES ### Page 95 (B) In the absence of the county or municipal library board, the governing body of the county or municipality shall appoint the trustees to the regional library board. (2) The number of trustees shall be agreed upon by the governing bodies of the municipality or municipalities and with the county quorum courts which have agreed with each other or among themselves to create, maintain, and support the system. (b) Each trustee shall be a resident and qualiﬁed elector of the municipality or county represented on the regional library board. (c)(1) Vacancies on the regional library board shall be ﬁlled in the same manner in which members of the regional library board were ﬁrst appointed. (2) Any trustee who shall not attend three (3) consecutive meetings of the regional library board without reasonable explanation shall be subject to removal by the municipal or county body which is the appointing authority. (d)(1) A trustee shall not receive salary or other compensation for his or her service. (2) However, a trustee may be reimbursed for necessary travel and mileage expenses if reimbursements are adopted as a policy by the regional library board. History. Acts 1997, No. 402, § 13. 13-2-905. Powers and duties. (a)(1) Immediately after their initial appointment, the board of trustees of the regional library system shall meet and elect the officers as they deem necessary. (2) A quorum of this board shall be a majority of the total number of members. (3) The board shall: (A) Adopt such bylaws, rules and regulations, and policies for their own guidance, including personnel policies, and for the governing of the system as they deem reasonable and necessary; (B) Meet at least one (1) time in each calendar quarter; (C) Have the custody and supervision of all property of the system, including the rooms or buildings constructed, leased, or set apart for the system; (D) Employ a system director, who shall serve at the will of the board, which shall prescribe his or her duties and ﬁx his or her compensation; (E) Have exclusive control of the ﬁnances of the system; (F) Cause an annual audit to be performed in accordance with Arkansas law for audits of local government entities; (G) Be responsible for any ﬁne or fee money for special library services and accept any grants, gifts of money, or property for use of the system and use it for purposes as the board deems reasonable and necessary; 86 13-2-905 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 96 (H) May purchase and dispose of equipment as provided in Arkan- sas law for county government purchase and disposition of county government property; (I) Develop and enforce policies and penalties for persons injuring library property and materials or failing to return any book, periodi- cal, or property belonging to the system. The board may refuse the use of the library to those offenders; and (J) Do all other acts necessary for the orderly and efficient man- agement and control of the system. (b) No expenditure made or contracted by the board shall be binding on any participating municipalities or counties so as to require any payment in excess of funds made available for library purposes under this subchapter. (c)(1) There shall be one (1) regional library director for each system. (2)(A) Except as provided in subdivision (c)(2)(B) of this section, the director shall have a master’s degree from an accredited American Library Association program. (B) Work experience in the ﬁeld of library operations may be substituted for a master’s degree from an accredited program in library operations if approved by the regional library system board of trustees employing the director. (C) The requirements under subdivision (c)(2)(B) of this section shall not disqualify a regional library system from receiving state funds. (3) The director shall administer and establish procedures in accor- dance with policies established by the board. (4) The director’s duties shall include: (A) Employment and supervision of system staff; (B) Financial and statistical management of the system, including initial preparation of the annual budget; (C) Reporting to the board on system operations and services; and (D) Other acts necessary for the orderly and efficient administra- tion of the system. (d)(1) If not provided for by the system or by one (1) of the partici- pating jurisdictions of the system, all eligible employees of a system shall be entitled to comparable fringe beneﬁt and retirement beneﬁt coverage as are other county employees in the headquarters county. (2) Costs for these beneﬁts shall be apportioned among the partici- pating municipalities and counties of the system. (e)(1) On a monthly basis each county and municipality supporting a system shall transmit appropriated amounts of tax revenues and other appropriated funds to the system pursuant to the interlocal agreement, the regional library ordinance, or the contract. (2) All regional funds shall be deposited in one (1) or more public depositories previously selected by the board. (3)(A) All funds shall be placed in the depository or depositories selected by the board in the same manner as provided by law for the selection of county depositories. 87 13-2-905 LIBRARIES ### Page 97 (B) The depository shall place on deposit with the director the same securities as are required by law for county deposits. (4) The board shall, by appropriate order recorded in its minutes, authorize the director to expend system funds for lawful purposes only and in accordance with its budget. (f)(1) The board shall have the power to purchase or lease grounds or to purchase, lease, erect, and occupy appropriate buildings for the use of all public libraries in the system. When a building erected or purchased by the board is not adapted to its purpose or needs, the board may remodel or reconstruct the building. (2) The board may also sell or otherwise dispose of any real or personal property that it deems no longer necessary or useful for library purposes. History. Acts 1997, No. 402, § 13; 2025, No. 242, § 2. Amendments. The 2025 amendment added the (c)(2)(A) designation; added “Except as provided in subdivision (c)(2)(B) of this section,” in (c)(2)(A); and added (c)(2)(B) and (c)(2)(C). 13-2-906. Annual reports. At the end of each calendar year, the board of trustees of every regional library system shall make a report to the governing body in the county or counties or municipality or municipalities wherein the board serves, showing the condition of the system during the year and other statistics and information as the board deems of public interest. History. Acts 1997, No. 402, § 13. 13-2-907. Contracts for library services and with other librar- ies. (a) Regional library systems are authorized to contract with other regional libraries, municipal libraries, or county public libraries or with library authorities of any college or university or any privately orga- nized or endowed library, whereby common library branches or build- ings or joint library services for the residents or patrons of the participating jurisdictions may be established and maintained in joint effort. (b) The contract shall provide for the division of any cost of estab- lishing, maintaining, and operating the library and library services between the system and the other entity, even though the entity may be located without this state. (c) The contract shall become effective only from and after its ratiﬁcation by a majority of the members of the board of trustees of the regional library system. History. Acts 1997, No. 402, § 13. 88 13-2-906 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 98 SUBCHAPTER 10 — ARKANSAS DIGITAL LIBRARY ACT SECTION. 13-2-1001. Title. 13-2-1002. Creation. Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Ar- kansas that this act revises the duties of certain state entities; that this act estab- lishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodiﬁed sections of this act preceding the emergency clause titled ‘Funding and classiﬁcation of cabinet-level department secretaries’ and ‘Transformation and Effi- ciencies Act transition team’ should be- come effective at the beginning of the ﬁscal year to allow for implementation of the new provisions at the beginning of the ﬁscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.” 13-2-1001. Title. This subchapter may be referred to as the “Arkansas Digital Library Act”. History. Acts 2003, No. 1810, § 1. 13-2-1002. Creation. (a)(1) The Division of Higher Education and the Arkansas State Library shall develop a digitized collection of information that includes information that is in the public domain, cleared for public distribution over the internet, and to which students of public postsecondary schools in Arkansas have access. (2) The digitized information under this subchapter shall be avail- able for public access in at least one (1) location in each Arkansas county. (b)(1) The division and the library shall develop criteria regarding the: (A) Selection of materials to be digitized; (B) Need for public access; and (C) Means of cataloging or indexing the materials and digitizing them. (2) Materials to be digitized may include: (A) Print documents; (B) Texts; (C) Manuscripts; (D) Photographs; (E) Art reproductions; (F) Postcards; (G) Illustrations; 89 13-2-1002 LIBRARIES ### Page 99 (H) Sound; (I) Film; and (J) Video. (c) The division shall make grants under this subchapter to assist public postsecondary institutions and other public or private entities in: (1) Selecting and digitizing information; and (2) Developing and providing access to the digital collection in at least one (1) location in each Arkansas county. (d)(1) Each postsecondary public institution in Arkansas shall coop- erate with the division in developing the digitized collection under this subchapter. (2) Each postsecondary public institution and any entity receiving a grant under this subchapter shall develop a plan to inform the public regarding the use of the resources made available under this subchap- ter. (3) Funds made available under this subchapter may be used by the receiving entities to obtain matching funds from federal programs. History. Acts 2003, No. 1810, § 2; 2019, No. 910, § 2235. Amendments. The 2019 amendment substituted “Division of Higher Educa- tion” for “Department of Higher Educa- tion” in (a)(1); and substituted “division” for “department” throughout the section. 90 13-2-1002 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES ### Page 100 TITLE 14 LOCAL GOVERNMENT SUBTITLE 2. COUNTY GOVERNMENT CHAPTER. 14. COUNTY GOVERNMENT CODE. 16. POWERS OF COUNTIES GENERALLY. 19. COUNTY BUILDINGS. 22. COUNTY PURCHASING PROCEDURES. SUBTITLE 3. MUNICIPAL GOVERNMENT CHAPTER. 37. CLASSIFICATION OF CITIES AND TOWNS. SUBTITLE 8. PUBLIC FACILITIES GENERALLY CHAPTER. 141. OPERATION OF MUNICIPAL AUDITORIUMS. SUBTITLE 10. ECONOMIC DEVELOPMENT AND TOURISM GENERALLY CHAPTER. 168. COMMUNITY REDEVELOPMENT GENERALLY. SUBTITLE 2. COUNTY GOVERNMENT CHAPTER 14 COUNTY GOVERNMENT CODE SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 14-14-109. Public meetings. 14-14-110. Public records. 14-14-111. Electronic records. SECTION. 14-14-115. Civil office-holding — Deﬁni- tion. 14-14-109. Public meetings. (a)(1) All meetings of a county government governing body, board, committee, or any other entity created by, or subordinate to, a county government shall be open to the public except as provided in subdivi- sion (a)(2) of this section. (2) A meeting, or part of a meeting, which involves or affects the employment, appointment, promotion, demotion, disciplining, dis- 91 ### Page 101 missal, or resignation of a county government official or employee need not be open to the public unless the local government officer or employee requests a public meeting. (b) In any meeting required to be open to the public, the county quorum court, committee, board, or other entity shall adopt rules for conducting the meeting which afford citizens a reasonable opportunity to participate prior to the ﬁnal decision. (c) Appropriate minutes shall be kept of all public meetings and shall be made available to the public for inspection and copying. History. Acts 1977, No. 742, §§ 8, 9; A.S.A. 1947, §§ 17-3108, 17-3109. RESEARCH REFERENCES Ark. L. Rev. Watkins, Open Meetings Under the Arkansas Freedom of Informa- tion Act, 38 Ark. L. Rev. 268. CASE NOTES Applicability. County board subcommittee meeting was subject to and violated the open- meetings provision of the Arkansas Free- dom of Information Act, Ark. Code Ann. § 25-19-101 et seq., when the meeting was held after the link to a Zoom video- conference failed, rendering participants unable to join. Furthermore, the business of the subcommittee did not fall within a public-meeting exception for a meeting involving or affecting the employment of a county government official or employee. Wash. Cnty. v. Coger, 2025 Ark. App. 145, 709 S.W.3d 827 (2025). Cited: Baxter County Newspapers, Inc. v. Medical Staff of Baxter Gen. Hosp., 273 Ark. 511, 622 S.W.2d 495 (1981). 14-14-110. Public records. (a) Except as provided in subsection (b) of this section, all records and other written materials in the possession of a local government shall be available for inspection and copying by any person during normal office hours. (b) Personal records, medical records, and other records which relate to matters in which the right to individual privacy exceeds the merits of public disclosure shall not be available to the public unless the person they concern requests they be made public. History. Acts 1977, No. 742, § 10; A.S.A. 1947, § 17-3110. RESEARCH REFERENCES U. Ark. Little Rock L.J. Survey of Arkansas Law, Public Law, 1 U. Ark. Little Rock L.J. 230. 92 14-14-110 LOCAL GOVERNMENT ### Page 102 14-14-111. Electronic records. (a)(1) County governments in Arkansas are the repository for vast numbers of public records necessary for the regulation of commerce and vital to the health, safety, and welfare of the citizens of the state. (2) These records are routinely kept in electronic format by the county officials who are the custodians of the records. (3) It is the intent of this section to: (A) Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and (B) Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records. (b) As used in this section: (1) “Administrative rights” means permissions and powers, includ- ing without limitation the permissions and powers to access, alter, copy, download, extract, read, record, upload, write, or otherwise manipulate and maintain records kept by a county official; (2) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means; and (3)(A)(i) “Public records” means writings, recorded sounds, ﬁlms, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds. (ii) All records maintained in county offices or by county employees within the scope of employment are public records. (B) “Public records” does not mean software acquired by purchase, lease, or license. (c)(1) A county official required by law to maintain public records and who in the normal performance of official duties chooses to keep and maintain the records in an electronic record shall retain complete administrative rights and complete access to all the records. (2) A contract between a county and an electronic record provider shall: (A) Include the information under subdivision (c)(1) of this section; and (B) Require the contractor to provide the county official, at his or her request, with a written list of all ﬁle formats in which electronic records are stored. (d)(1) It is the intent of the General Assembly to encourage the use of audio media, visual media, and audiovisual media by local law enforce- ment agencies and detention centers. (2) A contract between an electronic record provider and a county concerning audio media, visual media, or audiovisual media for the 93 14-14-111 COUNTY GOVERNMENT CODE ### Page 103 county law enforcement agencies shall provide that audio media, visual media, or audiovisual media be maintained as provided under § 13-4- 403. (3)(A) Pursuant to § 25-19-112, the county or electronic record provider may charge the requestor for the costs associated with retrieving, reviewing, redacting, and copying audio media, visual media, or audiovisual media. (B) An electronic record provider that charges for costs under subdivision (d)(3)(A) of this section shall provide a copy of the invoice to the county. History. Acts 2009, No. 569, § 1; 2021, No. 778, § 2; 2021, No. 1075, §§ 1, 2. Amendments. The 2021 amendment by No. 778 added (d). The 2021 amendment by No. 1075 in- serted “extract” in (b)(1); substituted “shall retain complete” for “retains” in (c)(1); added (c)(2)(B); and made stylistic changes. CASE NOTES Freedom of Information Act. Circuit court abused its discretion in issuing a permanent injunction in favor of plaintiff competitor under the Freedom of Information Act of 1967, § 25-19-101 et seq., because the plaintiff failed to sue an entity covered under FOIA; the competi- tor could not sue a private corporation alone under FOIA and direct it to produce public records it possessed by virtue of its contracts with counties because the pri- vate corporation was not the custodian of the public records. The circuit court’s con- clusion that county officials were unneces- sary parties to a dispute over access to their public records was clearly erroneous. Apprentice Info. Sys. v. DataScout, LLC, 2018 Ark. 146, 544 S.W.3d 39 (2018). 14-14-115. Civil office-holding — Deﬁnition. (a)(1) A person elected or appointed to any of the following county offices shall not be elected or appointed to another civil office during the term for which he or she has been elected: (A) County judge; (B) Justice of the peace; (C) Sheriff; (D) Circuit clerk; (E) County clerk; (F) Assessor; (G) Coroner; (H) Treasurer; (I) County surveyor; or (J) Collector. (2) An elected county official under subdivision (a)(1) of this section may run for a civil office during the term for which he or she has been elected. (b)(1) As used in this section, “civil office” means any one (1) of the following elected or appointed positions, including without limitation: (A) County election commissioner; (B) Member of the Post-Prison Transfer Board; 94 14-14-115 LOCAL GOVERNMENT ### Page 104 (C) Member of a school board; (D) Prosecuting attorney or deputy prosecuting attorney; (E) Constable; (F) Sheriff or deputy sheriff; (G) Chief of police or city police officer; (H) City attorney; (I) City council member; (J) Member of a drainage improvement district board; (K) Member of a public facilities board; (L) Member of a soil conservation district board; (M) Member of a county library board; (N) Member of a rural development authority; (O) Member of a rural waterworks facilities board or regional water distribution board; (P) Member of an airport commission; (Q) Member of a county or district board of health; (R) Member of a levee board or levee improvement district board; and (S) Member of the Career Education and Workforce Development Board. (2) As used in this section, “civil office” does not include a position that a county official may be appointed to on an advisory board or task force established to assist: (A) The Governor; (B) The General Assembly; (C) A state agency; (D) A state department; (E) A county office; (F) A county department; or (G) A subordinate service district. (3) As used in this section, “civil office” does not include a position in which a county official is required to serve by law and that is related to the county official’s duties, including without limitation: (A) A member of an intergovernmental cooperation council; (B) A member of a county equalization board; (C) A member of a regional solid waste management district board; (D) A member of a planning and development district board; (E) A member of the Arkansas Commission on Law Enforcement Standards and Training; (F) A member of the Electronic Recording Commission; (G) A member of a county hospital board; (H) A member of the Arkansas Workforce Development Board; (I) A member of the State Board of Election Commissioners; (J) A member of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education; (K) A member of the Board of Trustees of the Arkansas Public Employees’ Retirement System; (L) A special judge appointment under Arkansas Constitution, Article 7, § 36; 95 14-14-115 COUNTY GOVERNMENT CODE ### Page 105 (M) A member of the Arkansas 911 Board or any successor board; and (N) A member of the Professional Bail Bond Company and Profes- sional Bail Bondsman Licensing Board. (c) This section does not prevent a person: (1) From being elected or appointed to an office under subdivision (a)(1) of this section if he or she held a civil office before January 1, 2017; or (2) From continuing to hold a civil office the person held before appointment or election to an office under subdivision (a)(1) of this section. History. Acts 2019, No. 639, § 1; 2023, No. 659, § 113. A.C.R.C. Notes. Acts 2023, No. 659, § 1, provided: “This act shall be known as the ‘Protect Arkansas Act’.” Amendments. The 2023 amendment substituted “Post-Prison Transfer Board” for “Parole Board” in (b)(1)(B). Effective Dates. Acts 2023, No. 659, § 255: Jan. 1, 2024. Effective date clause provided: “Sections 1-249 of this act and sections 251-254 of this act are effective on and after January 1, 2024.” SUBCHAPTER 2 — BOUNDARIES SECTION. 14-14-201. Power to change. 14-14-201. Power to change. (a) The power to change county boundaries is inherent in the General Assembly, subject to express constitutional restrictions. (b)(1) No county now established shall be reduced to an area of less than six hundred square miles (600 sq. mi.) nor to less than ﬁve thousand (5,000) inhabitants; nor shall any new county be established with less than six hundred square miles (600 sq. mi.) and ﬁve thousand (5,000) inhabitants. (2) This section shall not apply to the counties of Lafayette, Pope, and Johnson nor be so construed as to prevent the General Assembly from changing the line between the counties of Pope and Johnson. (c) No part of a county shall be taken off to form a new county, or a part thereof, without the consent of a majority of voters in the part to be taken off. (d) In the formation of new counties, no line thereof shall run within ten (10) miles of the county seat of the county proposed to be divided, except the county seat of Lafayette County. (e)(1) Sebastian County may have two (2) districts and two (2) county seats, at which county and circuit courts shall be held as may be provided by law, each district paying its own expenses. (2) However, nothing in this section shall be construed as requiring Sebastian County to maintain two (2) districts or two (2) county seats, nor construed as authorizing the establishment of two (2) county quorum courts and two (2) county courts. 96 14-14-201 LOCAL GOVERNMENT ### Page 106 History. Acts 1977, No. 742, §§ 12-16; A.S.A. 1947, § 17-3202. CASE NOTES ANALYSIS In General. Area. New Counties. Sebastian County. In General. The power to change county lines is inherent in the General Assembly, subject to express constitutional restrictions and the essential requisites of the state that are implied in our form of government. Reynolds v. Holland, 35 Ark. 56 (1879); Pulaski County v. County Judge, 37 Ark. 339 (1881) (decisions under prior law). Area. An act of the General Assembly reduc- ing a county below 600 square miles is unconstitutional. Bittle v. Stuart, 34 Ark. 224 (1879) (decision under prior law). New Counties. Consent of a majority of voters in part taken off is only required in the case of new counties to be formed out of portions of old ones. Reynolds v. Holland, 35 Ark. 56 (1879); Pulaski County v. County Judge, 37 Ark. 339 (1881) (decisions under prior law). Sebastian County. The two districts of Sebastian County are, in effect, separate counties, so far as the recording requirements of § 18-50- 103 are involved. Henson v. Fleet Mtg. Co., 319 Ark. 491, 892 S.W.2d 250 (1995). Cited: In re Wallace, 61 B.R. 54 (Bankr. W.D. Ark. 1986); In re Henson, 157 B.R. 867 (Bankr. W.D. Ark. 1993). SUBCHAPTER 3 — COUNTY SEATS SECTION. 14-14-301. Deﬁnition. 14-14-301. Deﬁnition. (a) A “county seat” shall be deﬁned as the principal site for the conducting of county affairs and maintaining records of the various courts. (b) Nothing in this section, however, shall be construed as a limita- tion on a county to maintain several sites throughout the county for the conducting of county affairs. History. Acts 1977, No. 742, § 23; A.S.A. 1947, § 17-3301. RESEARCH REFERENCES U. Ark. Little Rock L.J. Survey of Arkansas Law, Public Law, 1 U. Ark. Little Rock L.J. 230. SUBCHAPTER 7 — SERVICE ORGANIZATIONS SECTION. 14-14-704. Establishment of county de- partments. SECTION. 14-14-705. County advisory or adminis- trative boards. 97 14-14-301 COUNTY GOVERNMENT CODE ### Page 107 SECTION. 14-14-706. Register of board appoint- ment. 14-14-707. Conduct of affairs of county boards. SECTION. 14-14-712. Reorganization of existing county boards and com- missions. 14-14-704. Establishment of county departments. (a) The county quorum court of each county, by ordinance, may establish any number of departments for the conduct of county affairs and may prescribe the functions and duties of each department. This authority of a quorum court to establish county departments shall be conclusive and shall supersede any department organizations estab- lished by any elected county officer. (b)(1) DIRECTION OF DEPARTMENTS. All departments established by ordinance of the quorum court shall be under the direction and supervision of county judge except departments assigned to other elected officers of the county. Departments established and assigned to an elected officer other than the county judge shall be under the direction and supervision of the respective county officer. (2) JOINT DEPARTMENTS. Two (2) or more county governments may provide for the establishment of joint departments for the conduct of county affairs. Joint departments so created shall be established by interlocal agreements. The direction and supervision of joint depart- ments shall be under the combined authorities of the county judge of each respective county in a manner to be prescribed by ordinance. (3) EMPLOYMENT OF DEPARTMENT ADMINISTRATOR. An ordinance establish- ing a department of county government may provide for the employ- ment of a department administrator. The ordinance may prescribe minimum qualiﬁcations for the person so employed as administrator. However, the county judge alone shall employ all county personnel, except employees of other elected county officers. Where a department is established by the quorum court and the responsibility for direction and supervision of the department is assigned to an elected county officer other than the county judge, the elected county officer so designated shall employ all personnel authorized to be employed by the ordinance. (4) MANAGEMENT REPORTS. A quorum court may require, by ordinance, reports for any purpose from any elective county office, department, board, or subordinate service district, or any administrator or employee of them. History. Acts 1977, No. 742, § 102; A.S.A. 1947, § 17-4105. 14-14-705. County advisory or administrative boards. (a) A county quorum court, by ordinance, may establish county advisory or administrative boards for the conduct of county affairs. (b)(1) ADVISORY BOARDS. 98 14-14-704 LOCAL GOVERNMENT ### Page 108 (A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy. (B) All advisory board members shall be appointed by the county judge. Conﬁrmation of advisory board members by a quorum court shall not be required. (C) An advisory board may contain any number of members as may be provided by the ordinance creating the advisory board. (D) The term of all advisory board members shall not exceed three (3) years. (2) ADMINISTRATIVE BOARDS. (A) Administrative boards may be established to exercise admin- istrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in court individually for an act performed by him or her as a board member unless the damages caused thereby were the results of the board member’s malicious acts. (B) No member of any administrative board shall be interested, either directly or indirectly, in any contract made with the adminis- trative board. A violation of subdivision (2)(B) of this section shall be deemed a felony. (C) An administrative board may be assigned responsibility for a county department or a subordinate service district. (D) All administrative board members shall be appointed by the county judge. These appointments shall require conﬁrmation by a quorum court. (E) An administrative board shall contain ﬁve (5) members. Pro- vided, a county library board created after August 1, 1997, shall consist of not less than ﬁve (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualiﬁed. (F) The term of any administrative board member shall be for a period of ﬁve (5) years. However, the initial appointment of any administrative board shall provide for the appointment of one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, one (1) member for a four-year term, and the remaining member or members for a ﬁve-year term, thereby providing, except for county library boards with more than ﬁve (5) members, for the appointment of one (1) member annually thereafter. (3) BOARDS GENERALLY. 99 14-14-705 COUNTY GOVERNMENT CODE ### Page 109 (A) No board member, either advisory or administrative, shall be appointed for more than two (2) consecutive terms. (B) All persons appointed to an advisory or administrative board shall be qualiﬁed electors of the county. A quorum court may prescribe by ordinance additional qualiﬁcations for appointment to a county administrative board. (C) All board members appointed to either an advisory or admin- istrative board shall subscribe to the oath of office within ten (10) days from the date of appointment. Evidence of oath of office shall be ﬁled with the county clerk. Failure to do so shall be deemed to constitute rejection of the office, and the county judge shall appoint a board member to ﬁll the vacancy. (D) No member of a quorum court shall serve as a member of a county advisory or administrative board. (E) A person may be removed from a county board for cause by the county judge with conﬁrmation by resolution of the quorum court. Written notiﬁcation stating the causes for removal shall be provided to the board member prior to the date established for quorum court consideration of removal, and the board member shall be afforded the opportunity to meet with the quorum court in their deliberation of removal. (F) Appeals from removal of a county board member shall be directed to the circuit court of the respective county within thirty (30) days after the removal is conﬁrmed by the quorum court. History. Acts 1977, No. 742, § 103; A.S.A. 1947, § 17-4106; Acts 1997, No. 359, § 1. 14-14-706. Register of board appointment. The clerk of the county court shall maintain a register of county advisory and administrative board appointments established by a county quorum court, including: (1) The name of the board; (2) The ordinance reference number establishing the board; (3) The name of the board member; (4) The date of appointment; and (5) The expiration date of the appointments. History. Acts 1977, No. 742, § 104; A.S.A. 1947, § 17-4107. 14-14-707. Conduct of affairs of county boards. (a) INITIAL MEETING. The time and place for the initial meeting of a county board shall be established by the county judge through written notiﬁcation of each board member. (b) MEETING DATES AND NOTIFICATION. All boards shall by rule provide for the date, time, and place of regular monthly meetings or other 100 14-14-706 LOCAL GOVERNMENT ### Page 110 regularly scheduled meetings. This information shall be ﬁled with the county court, and notiﬁcation of all meetings shall be conducted as established by law for public meetings. (c) SPECIAL MEETINGS. Special meetings may be called by two (2) or more board members upon written notiﬁcation of all members not less than two (2) calendar days prior to the calendar day ﬁxed for the time of the meeting. (d) QUORUM. A majority of board members shall constitute a quorum for the purpose of conducting business and exercising powers and responsibilities. Board action may be taken by a majority vote of those present and voting unless the ordinance creating the board requires otherwise. (e) ORGANIZATION AND VOTING. At its initial meeting of a quorum of members, each county board shall elect one (1) of their members to serve as chair of the board for a term of one (1) year. The chair shall thereafter preside over the board throughout his or her term as chair. In the absence of the chair, a quorum of the board may select one (1) of its members to preside and conduct the affairs of the board. (f) MINUTES. All boards shall provide for the keeping of written minutes which include the ﬁnal vote on all board actions indicating the vote of each individual member on the question. History. Acts 1977, No. 742, § 105; A.S.A. 1947, § 17-4108. 14-14-712. Reorganization of existing county boards and com- missions. (a) All laws providing for the organization, jurisdiction, and opera- tion of county boards and commissions, except the laws relating to county hospital boards of governors and except laws relating to county nursing home boards, shall be given the status of county ordinance until June 30, 1978. These organizations shall continue to function under those respective laws until reorganized by county ordinance. The organizations subject to reorganization by county ordinance are, but are not limited to, the following: (1) County library boards; (2) County planning boards; (3) County park commissions; and (4) County welfare boards. (b) Advisory board members appointed as a result of a reorganiza- tional ordinance shall have a term of appointment as speciﬁed in this subchapter. (c) Ordinances enacted by a county quorum court for the reorgani- zation of county government into county departments, with or without advisory or administrative boards or subordinate service districts, may be adopted in a single reading of the court. 101 14-14-712 COUNTY GOVERNMENT CODE ### Page 111 History. Acts 1977, No. 742, § 107; 1977 (1st Ex. Sess.), No. 13, § 6; 1979, No. 741, § 1; A.S.A. 1947, § 17-4110. Cross References. County hospitals board of governors, § 14-263-101 et seq. SUBCHAPTER 8 — LEGISLATIVE POWERS SECTION. 14-14-801. Powers generally. 14-14-802. Providing of services gener- ally. 14-14-801. Powers generally. (a) As provided by Arkansas Constitution, Amendment 55, § 1, Part (a), a county government, acting through its county quorum court, may exercise local legislative authority not expressly prohibited by the Arkansas Constitution or by law for the affairs of the county. (b) These powers include, but are not limited to, the power to: (1) Levy taxes in a manner prescribed by law; (2) Appropriate public funds for the expenses of the county in a manner prescribed by ordinance; (3) Preserve peace and order and secure freedom from dangerous or noxious activities. However, no act may be declared a felony; (4) For any public purpose, contract or join with any other county, with any political subdivision, or with the federal government; (5) Create, consolidate, separate, revise, or abandon any elected office, except during the term thereof, if a majority of those voting on the question at a general election have approved the action; (6) Fix the number and compensation of deputies and county em- ployees; (7) Fix the compensation of each county officer within a minimum and maximum to be determined by law; (8) Fill vacancies in elected county offices; (9) Have the power to override the veto of the county judge by a vote of three-ﬁfths (3⁄5) of the total membership of the quorum court; (10) Provide for any service or performance of any function relating to county affairs; (11) Impose a special assessment reasonably related to the cost of any special service or special beneﬁt provided by county government or impose a fee for the provisions of a service; (12) Provide for its own organization and management of its affairs; and (13) Exercise other powers, not inconsistent with law, necessary for effective administration of authorized services and functions. History. Acts 1977, No. 742, § 69; A.S.A. 1947, § 17-3801. 102 14-14-801 LOCAL GOVERNMENT ### Page 112 RESEARCH REFERENCES Ark. L. Rev. Jonathan L. Marshﬁeld, Improving Amendment, 69 Ark. L. Rev. 477 (2016). U. Ark. Little Rock L. Rev. Travis Golliher, Note: Municipal Law—A Wedge in Climate Initiatives: How State Legisla- tures’ Preemption of Local Government’s Role in Climate Change Policy and Arkan- sas’ Act 308 of 2021 Are Misplaced, 45 U. Ark. Little Rock L. Rev. 323 (2022). CASE NOTES ANALYSIS Constitutionality. Compensation. County Employees. Elected Officials. Fees. Medical Services. Constitutionality. County quorum court ordinance that required all county constitutional offices to be open during certain hours related to the performance of person in providing necessary services as a tax collector and, as such, was within the express powers granted the quorum court by Ark. Const. Amend. 55 and this section, and not in violation of the separation of powers pro- visions of the Arkansas Constitution. Walker v. County of Washington, 263 Ark. 317, 564 S.W.2d 513 (1978). Compensation. While it is clear that a county sheriff has the authority to appoint his deputies, it is equally clear that the compensation for these individuals is within the exclu- sive jurisdiction of the quorum court. Ven- haus v. Adams, 295 Ark. 606, 752 S.W.2d 20 (1988). County Employees. A county ordinance that expressly re- quired that a county employee be given two weeks notice prior to involuntary ter- mination, that the reasons for such action had to be ﬁled in writing, and that the employee had a right to appeal such ac- tion to a grievance board, did not, on its face, or as applied to sheriff’s deputies, violate the separation of powers doctrine under Arkansas law by encroaching upon the executive branch of county govern- ment. Wilson v. Robinson, 668 F.2d 380 (8th Cir. 1981). Elected Officials. Ordinance by county quorum court pro- hibiting nepotism by elected county offi- cials is a valid and properly adopted ordi- nance. Henderson v. Russell, 267 Ark. 140, 589 S.W.2d 565 (1979). Fees. Where ordinances of county quorum court levying additional local recording fees on deeds and other instruments were inconsistent and in conﬂict with § 21-6- 306, which established a uniform stan- dard amount of recording fee to be charged throughout the state, such ordi- nances exceeded the local legislative au- thority granted to the counties by Ark. Const. Amend. 55 and this section and were, therefore, void, and the moneys col- lected thereunder had to be refunded. Kollmeyer v. Greer, 267 Ark. 632, 593 S.W.2d 29 (1980). Medical Services. Section 14-14-801 et seq. and § 20-13- 301 et seq. were not intended to provide alternative procedures for the establish- ment of emergency medical services by a county, since to hold that these provisions were intended to provide alternative methods would effectively render § 20-13- 301 et seq. a nullity, as there would be no reason for a quorum court to choose the more arduous route required by § 20-13- 301 et seq. when it could accomplish the same result more easily under § 14-14- 801 et seq. Vandiver v. Washington County, 274 Ark. 561, 628 S.W.2d 1 (1982). Section 14-14-801 et seq. gives the quo- rum court of any county the authority to provide for emergency medical services; however, the authority created under these provisions is governed and limited by the procedural requirements of § 20- 13-301 et seq. Vandiver v. Washington County, 274 Ark. 561, 628 S.W.2d 1 (1982). The general county powers law found in this section is circumscribed by § 20-13- 303 when the method of ﬁnancing a county emergency medical service is by service charge. West Wash. County Emer- 103 14-14-801 COUNTY GOVERNMENT CODE ### Page 113 gency Medical Servs. v. Washington County, 313 Ark. 76, 852 S.W.2d 137 (1993). The term “as provided by law” in this section does not refer to § 20-13-303 in cases in which a service charge is to be imposed. West Wash. County Emergency Medical Servs. v. Washington County, 313 Ark. 76, 852 S.W.2d 137 (1993). 14-14-802. Providing of services generally. (a) A county government, acting through the county quorum court, shall provide, through ordinance, for the following necessary services for its citizens: (1) The administration of justice through the several courts of record of the county; (2) Law enforcement protection services and the custody of persons accused or convicted of crimes; (3) Real and personal property tax administration, including assess- ments, collection, and custody of tax proceeds; (4) Court and public records management, as provided by law, including registration, recording, and custody of public records; and (5) All other services prescribed by state law for performance by each of the elected county officers or departments of county government. (b)(1) A county government, acting through the quorum court, may provide through ordinance for the establishment of any service or performance of any function not expressly prohibited by the Arkansas Constitution or by law. (2) These legislative services and functions include, but are not limited to, the following services and facilities: (A) Agricultural services, including: (i) Extension services, including agricultural, home economic, and community development; (ii) Fairs and livestock shows and sales services; (iii) Livestock inspection and protection services; (iv) Market and marketing services; (v) Rodent, predator, and vertebrate control services; and (vi) Weed and insect control services; (B) Community and rural development services, including: (i) Economic development services; (ii) Housing services; (iii) Open spaces; (iv) Planning, zoning, and subdivision control services; (v) Urban and rural development, rehabilitation, and redevelop- ment services; and (vi) Watercourse, drainage, irrigation, and ﬂood control services; (C) Community services, including: (i) Animal control services; (ii) Cemetery, burial, and memorial services; (iii) Consumer education and protection services; (iv) Exhibition and show services; (v) Libraries, museums, civic center auditoriums, and historical, cultural, or natural site services; 104 14-14-802 LOCAL GOVERNMENT ### Page 114 (vi) Park and recreation services; and (vii) Public camping services; (D) Emergency services, including: (i) Ambulance services; (ii) Civil defense services; (iii) Fire prevention and protection services; and (iv) Juvenile attention services; (E) Human services, including: (i) Air and water pollution control services; (ii) Child care, youth, and senior citizen services; (iii) Public health and hospital services; (iv) Public nursing and extended care services; and (v) Social and rehabilitative services; (F) Solid waste services, including: (i) Recycling services; and (ii) Solid waste collection and disposal services; (G) Transportation services, including: (i) Roads, bridges, airports, and aviation services; (ii) Ferries, wharves, docks, and other marine services; (iii) Parking services; and (iv) Public transportation services; (H) Water, sewer, and other utility services, including: (i) Sanitary and storm sewers and sewage treatment services; and (ii) Water supply and distribution services; (I) Job training services and facilities; and (J) Other services related to county affairs. History. Acts 1977, No. 742, § 70; A.S.A. 1947, § 17-3802; Acts 2017, No. 452, § 1. Amendments. The 2017 amendment added (b)(2)(J) [now (b)(2)(I)]. CASE NOTES ANALYSIS Constitutionality. Construction. Emergency Services. Gravedigging. Constitutionality. Constitutionality of this section was up- held. Thruston v. Little River County, 310 Ark. 188, 832 S.W.2d 851 (1992). This section does not violate the unifor- mity requirement of Ark. Const. Amend. 14. Villines v. Tucker, 324 Ark. 13, 918 S.W.2d 153 (1996). This statute is not unconstitutional and in contravention Ark. Const. Amend. 55, § 1(a). Villines v. Tucker, 324 Ark. 13, 918 S.W.2d 153 (1996). Construction. Providing for the administration of jus- tice under subdivision (a)(1) is a manda- tory service; providing a museum under subdivision (b)(2)(C)(v) is a discretionary service the county is authorized to offer. Haynes v. Faulkner County, 326 Ark. 557, 932 S.W.2d 328 (1996). Designation of county building as a mu- seum was not an illegal exaction since § 14-14-1102(b)(3) and Ark. Const. Amend. 55, § 3, provide that the County Judge is the custodian of county property and is therefore authorized to determine how county property shall be used; more- over, subdivision (b)(2)(C)(v) of this sec- tion and § 13-5-501 et seq. authorize the County to provide for a county museum. 105 14-14-802 COUNTY GOVERNMENT CODE ### Page 115 Haynes v. Faulkner County, 326 Ark. 557, 932 S.W.2d 328 (1996). Emergency Services. Section 14-14-801 et seq. and § 20-13- 301 et seq. were not intended to provide alternative procedures for the establish- ment of emergency medical services by a county, since to hold that these provisions were intended to provide alternative methods would effectively render § 20-13- 301 et seq. a nullity, as there would be no reason for a quorum court to choose the more arduous route required by § 20-13- 301 et seq. when it could accomplish the same result more easily under § 14-14- 801 et seq. Vandiver v. Washington County, 274 Ark. 561, 628 S.W.2d 1 (1982). Section 14-14-801 et seq. gives the quo- rum court of any county the authority to provide for emergency medical services; however, the authority created under these provisions is governed and limited by the procedural requirements of § 20- 13-301 et seq. Vandiver v. Washington County, 274 Ark. 561, 628 S.W.2d 1 (1982). Gravedigging. Although gravedigging services can be provided when this section is complied with, where there was no indication from the record that the quorum court knew of the county’s free gravedigging services other than testimony from a county judge, and even if the quorum court had known of the gravedigging services, it took no action by ordinance or otherwise to autho- rize such services; the provision of these services was invalid. Dudley v. Little River County, 305 Ark. 102, 805 S.W.2d 645 (1991). Cited: Kollmeyer v. Greer, 267 Ark. 632, 593 S.W.2d 29 (1980); Wilson v. Rob- inson, 506 F. Supp. 1236 (E.D. Ark. 1981); Hall v. Fisher, 285 Ark. 222, 685 S.W.2d 803 (1985); Venhaus v. Adams, 295 Ark. 606, 752 S.W.2d 20 (1988); West Wash. County Emergency Medical Servs. v. Washington County, 313 Ark. 76, 852 S.W.2d 137 (1993). SUBCHAPTER 9 — LEGISLATIVE PROCEDURES SECTION. 14-14-905. Adoption and amendment of ordinances generally. 14-14-907. Appropriation ordinances. 14-14-910. Interlocal agreements. 14-14-914. Initiative and referendum generally. SECTION. 14-14-915. Initiative and referendum re- quirements. 14-14-917. Initiative and referendum elections. 14-14-919. Referendum petitions on county bond issue. 14-14-905. Adoption and amendment of ordinances generally. (a) INTRODUCTION OF ORDINANCES AND AMENDMENTS TO EXISTING ORDINANCES. A county ordinance or amendment to an ordinance may be introduced only by a justice of the peace of the county or through the provisions of initiative and referendum pursuant to Arkansas Constitution, Amend- ment 7. (b) STYLE REQUIREMENTS. (1) GENERALLY. (A) No ordinance or amendment to an existing ordinance passed by a county quorum court shall contain more than one (1) compre- hensive topic and shall be styled “Be It Enacted by the Quorum Court of the County of ........, State of Arkansas; an Ordinance to be Entitled:”. (B) Each ordinance shall contain this comprehensive title, and the body of the ordinance shall be divided into articles, sequentially numbered, each expressing a single general topic related to the single comprehensive topic. 106 14-14-905 LOCAL GOVERNMENT ### Page 116 (2) AMENDMENT TO EXISTING ORDINANCES. No county ordinance shall be revised or amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revised, amended, extended, or conferred shall be reenacted and published at length. (c) PASSAGE. (1)(A) On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded. (B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment. (2)(A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2⁄3) of the members com- posing the court shall dispense with the rule. (B) This subdivision (c)(2) shall not serve to: (i) Require a vote after each individual reading, but a vote only after the third and ﬁnal reading; (ii) Require the ordinance or amendment to be read in its entirety on the ﬁrst, second, or third reading; or (iii) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law. (d) APPROVAL AND PUBLICATION. (1)(A) Upon passage, all ordinances or amendments shall be ap- proved by the county judge within seven (7) days unless vetoed and shall become law without his or her signature if not signed within seven (7) days. (B) The ordinances or amendments shall then be published by the county clerk as prescribed by law. (2)(A) Approval by the county judge shall be demonstrated by affix- ing his or her signature and his or her notation of the date signed on the face of an original copy of the proposed ordinance. (B) This approval and authentication shall apply to all ordinances or amendments to existing ordinances unless the power of veto is invoked. (e) EFFECTIVE DATE. (1) No ordinance or amendment to an existing ordinance other than an emergency ordinance or appropriation ordinance shall be effective until thirty (30) calendar days after publication has appeared. (2) An ordinance or amendment to an existing ordinance may pro- vide for a delayed effective date or may provide for the ordinance or amendment to an existing ordinance to become effective upon the fulﬁllment of an indicated contingency. (f) REFERENCE TO ELECTORS. (1) GENERALLY. (A)(i) At the time of or within thirty (30) days of adoption and prior to the effective date of an ordinance, a quorum court may refer the ordinance to the electors for their acceptance or rejection. 107 14-14-905 COUNTY GOVERNMENT CODE ### Page 117 (ii) The referral shall be in the form of a resolution and shall require a three-ﬁfths affirmative vote of the whole number of justices constituting a quorum court. (B) This action by a court shall not be subject to veto and shall constitute a referendum measure. (2) MANNER AND PROCEDURE. (A) Any ordinance enacted by the governing body of any county in the state may be referred to a vote of the electors of the county for approval or rejection in the manner and procedure prescribed in Arkansas Constitution, Amendment 7, and laws enacted pursuant thereto, for exercising the local initiative and referendum. (B) The manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regard- ing these local measures. History. Acts 1977, No. 742, § 86; 1981, No. 220, § 1; A.S.A. 1947, §§ 17- 4003, 17-4003.1; Acts 2005, No. 543, § 1. CASE NOTES ANALYSIS Construction. Passage. Style Requirements. Construction. Subdivision (f)(2) did not repeal § 14- 14-915(b)(2), but speciﬁcally preserved all previously enacted enabling legislation, including § 14-14-915(b)(2). Cox v. French, 277 Ark. 134, 640 S.W.2d 786 (1982). Passage. Law requiring the clerk to keep a record of the proceedings and to enter the name and the yea and nay votes of those voting on propositions to levy tax or to appropri- ate money was mandatory. Blakemore v. Brown, 142 Ark. 293, 219 S.W. 311 (1920) (decision under prior law). Clerk’s failure to keep record of voting on proposition to levy taxes, for nonpay- ment of which realty was subsequently sold, was a mere omission of an officer to do a positive duty required by statute and could be cured by curative statute. Kansas City Life Ins. Co. v. Moss, 196 Ark. 553, 118 S.W.2d 873 (1938) (decision under prior law). After conﬁrmation of the state’s title to tax-forfeited land under former §§ 26-38- 108 — 26-38-118, it was too late to object to the validity of the tax sale on the ground that the record of the quorum court did not show the vote or the names of the justices voting for the motion levy- ing the tax. Nichols v. Kesselberg, 211 Ark. 673, 201 S.W.2d 997 (1947) (decision under prior law). Style Requirements. Where an ordinance contains the word “ordained” rather than the statutorily pre- scribed word “enacted,” the ordinance is not void. Henderson v. Russell, 267 Ark. 140, 589 S.W.2d 565 (1979). Cited: Foster v. Jefferson County Quo- rum Court, 321 Ark. 105, 901 S.W.2d 809 (1995); Massongill v. County of Scott, 329 Ark. 98, 947 S.W.2d 749 (1997). 14-14-907. Appropriation ordinances. (a)(1) GENERALLY. An appropriation ordinance or amendment to an appropriation ordinance is deﬁned as a measure by which the county quorum court designates a particular fund, or sets apart a speciﬁc portion of county revenue in the treasury, to be applied to some general 108 14-14-907 LOCAL GOVERNMENT ### Page 118 object of expenditure or to some individual purchase or expense of the county. (2) An appropriation ordinance or amendment to an existing appro- priation ordinance may be introduced in the manner provided by law for the introduction of ordinances. (3) Appropriation measures enacted by a quorum court shall include the following categories of ﬁnancial management: (A) The levy of taxes and special property tax assessments as provided by law; and (B) The enactment of speciﬁc appropriations by which a speciﬁed sum has been set apart in the treasury and devoted to the payment of a particular demand. Speciﬁc appropriations may be enacted through the adoption of an annual budget, a statement of estimated receipts and expenditures, in a manner prescribed by law. (b) ADOPTION AND AMENDMENT BY REFERENCE. Any quorum court may adopt, amend, or repeal an appropriation ordinance which incorporates by reference the provisions of any county budget or portion of a county budget, or any amendment thereof, properly identiﬁed as to date and source, without setting forth the provisions of the adopted budget in full. At least one (1) copy of a budget, portion, or amendment which is incorporated or adopted by reference shall be ﬁled in the office of the county clerk and there kept available for public use, inspection, and examination. (c) DESIGNATION. All appropriation ordinances or an amendment to an appropriation ordinance shall be designated “appropriation ordi- nance”. (d) READINGS AND PUBLICATION. An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge. (e) VOTING REQUIREMENTS. The passage of appropriation ordinances or amendments to existing appropriation ordinances enacted without separate readings shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every appropriations measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) EFFECTIVE DATE. An appropriation measure is effective immedi- ately upon passage by the quorum court and approval by the county judge. History. Acts 1977, No. 742, § 87; A.S.A. 1947, § 17-4004. Cross References. Appropriations to be speciﬁc — Limitations, § 14-20-103. Political subdivisions not to become stockholders in or lend credit to private corporations, Ark. Const., Art. 12, § 5. 109 14-14-907 COUNTY GOVERNMENT CODE ### Page 119 CASE NOTES ANALYSIS Appropriation Measures. Eligibility for Retirement System. Voting Requirements. Appropriation Measures. County ordinance was not labeled or designated an appropriation measure be- cause it was not one as deﬁned by this section. Massongill v. County of Scott, 329 Ark. 98, 947 S.W.2d 749 (1997). Eligibility for Retirement System. Substantial evidence supported the ﬁnding of the Board of Trustees of the Arkansas Public Employees’ Retirement System that former employees of nursing homes owned by counties were not “county employees” under the relevant statutes and were not eligible for member- ship in the retirement system because their compensation was payable from pa- tient revenues rather than from appropri- ated funds. Bd. of Trs. of the Ark. Pub. Emples. Ret. Sys. v. Garrison, 2019 Ark. App. 245, 576 S.W.3d 485 (2019). Assuming that the nursing-home ad- ministrative boards and their respective counties were synonymous under the deﬁ- nitions of “County employees” and “Em- ployees” in § 24-4-101, the Board of Trust- ees of the Arkansas Public Employees’ Retirement System’s ﬁnding that the for- mer employees of county-owned nursing homes were not paid from appropriated funds as required by the deﬁnition of “Employees” in § 24-4-101 was affirmed as no ordinances in the record speciﬁcally designated county money for their com- pensation. Bd. of Trs. of the Ark. Pub. Emples. Ret. Sys. v. Garrison, 2019 Ark. App. 245, 576 S.W.3d 485 (2019). Voting Requirements. Where the record showed a unanimous vote for all appropriations, it was unnec- essary to show the ayes and nays; record need not be signed. Hilliard v. Bunker, 68 Ark. 340, 58 S.W. 362 (1900) (decision under prior law). 14-14-910. Interlocal agreements. (a) GENERALLY. The county court of each county may contract, coop- erate, or join with any one (1) or more other governments or public agencies, including any other county, or with any political subdivisions of the state or any other states, or their political subdivisions, or with the United States to perform any administrative service, activity, or undertaking which any contracting party is authorized by law to perform. (b) DEFINITIONS. (1) “County interlocal agreement” means any service contract en- tered into by the county court which establishes a permanent or perpetual relationship thereby obligating the ﬁnancial resources of a county. Grant-in-aid agreements enacted through an appropriation ordinance shall not be considered an interlocal agreement. (2) “Permanent or perpetual relationship” means for purposes of this section any agreement exhibiting an effective duration greater than one (1) year, twelve (12) calendar months, or an agreement exhibiting no ﬁxed duration but where the apparent intent of the agreement is to establish a permanent or perpetual relationship. The interlocal agree- ments shall be authorized by ordinance of the quorum court. Any interlocal agreement enacted by ordinance may provide for the county to: (A) Cooperate in the exercise of any function, power, or responsi- bility; 110 14-14-910 LOCAL GOVERNMENT ### Page 120 (B) Share the services of any officer, department, board, employee, or facility; and (C) Transfer or delegate any function, power, responsibility, or duty. (c) CONTENTS. An interlocal agreement shall: (1) Be authorized and approved by the governing body of each party to the agreement; (2) Set forth fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties; and (3) Specify the following: (A) Its duration; (B) The precise organization, composition, and nature of any separate legal entity created; (C) The purposes of the interlocal agreement; (D) The manner of ﬁnancing the joint or cooperative undertaking and establishing and maintaining a budget; (E) The permissible methods to be employed in accomplishing the partial or complete termination of an agreement and for disposing of property upon partial or complete termination. The methods for termination shall include a requirement of six (6) months written notiﬁcation of the intent to withdraw by the governing body of the public agency wishing to withdraw; (F) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking including repre- sentation of the contracting parties on the joint board; (G) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking; and (H) Any other necessary and proper matters. (d) SUBMISSION TO LEGAL COUNSEL. Prior to and as a condition prec- edent to its ﬁnal adoption and performance, every agreement made shall be submitted to legal counsel who shall determine whether the agreement is in proper form and compatible with all applicable laws. The legal counsel shall approve any agreement submitted to him or her unless he or she ﬁnds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the speciﬁc respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval. (e) SUBMISSION TO ATTORNEY GENERAL. Prior to and as a condition precedent to its ﬁnal adoption and performance, every agreement including a state or a state agency shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of the State of Arkansas. The Attorney General shall approve any agreement submitted to him or her unless he ﬁnds it does not meet the conditions set forth in this section. Then he or she shall detail in writing addressed to the governing bodies of the public agencies concerned the speciﬁc respects in which the proposed 111 14-14-910 COUNTY GOVERNMENT CODE ### Page 121 agreement fails to meet the requirements of law. Failure to disapprove an agreement within thirty (30) days of its submission shall constitute approval. History. Acts 1977, No. 742, § 90; A.S.A. 1947, § 17-4007. A.C.R.C. Notes. Former subdivision (6) of this section provided that, effective Feb- ruary 1, 1978, all interlocal agreements subject to the provisions of this section should be reenacted or terminated by or- dinance of the county quorum court and provided that no termination should im- pair the obligation of contract unless agreed to by the parties involved. CASE NOTES ANALYSIS Construction. Applicability. Illegal Exaction. Construction. Plain language of this section contem- plates that counties may contract for any administrative service as long as either the county or the public agency is legally authorized to perform it; the plain lan- guage of this section contemplates that counties may delegate administrative powers to other public agencies under the provisions of this section. Sullins v. Cen- tral Arkansas Water, 2015 Ark. 29, 454 S.W.3d 727 (2015). Applicability. This section was applicable because a watershed protection agreement between a county and Central Arkansas Water required the county to expend money from its general tax revenues in executing the agreement and thus implicated the ﬁnan- cial resources of the county; additionally, the actual enforcement of the agreement would, at times, involve existing members of the county staff beyond those for which Central Arkansas Water was reimbursing the county. Sullins v. Central Arkansas Water, 2015 Ark. 29, 454 S.W.3d 727 (2015). Illegal Exaction. Circuit court correctly ruled that a wa- tershed protection agreement was valid under the Interlocal Agreement Act, § 14- 14-910, because it was for administrative activities that either the county or Central Arkansas Water was legally authorized to perform and the county’s ﬁnancial re- sources were obligated in the agreement; because the contract between the county and Central Arkansas Water was autho- rized by the Act, the expenditure of funds under the contract was not an illegal ex- action. Sullins v. Central Arkansas Water, 2015 Ark. 29, 454 S.W.3d 727 (2015). Cited: Mears v. Hall, 263 Ark. 827, 569 S.W.2d 91 (1978). 14-14-914. Initiative and referendum generally. (a) COUNTY LEGISLATIVE POWERS RESERVED. The powers of initiative and referendum are reserved to the electors of each county government pursuant to Arkansas Constitution, Amendment 7. (b) RESTRICTIONS. No county legislative measure shall be enacted contrary to the Arkansas Constitution or any general state law which operates uniformly throughout the state, and any general law of the state shall have the effect of repealing any county ordinance which is in conﬂict therewith. All ordinances adopted by the county quorum court providing for alternative county organizations and all proposed reorga- nizations of county government that may be proposed by initiative petition of electors of the county under Arkansas Constitution, Amend- ment 7, shall be submitted to the electors of the county only at the next 112 14-14-914 LOCAL GOVERNMENT ### Page 122 following general election. However, such referendum shall be subject to initiative petition. (c) PETITION BY ELECTORS. The qualiﬁed electors of each county may initiate and amend ordinances and require submission of existing ordinances to a vote of the people by petition if signed by not less than ﬁfteen percent (15%) of the qualiﬁed electors voting in the last general election for the office of circuit clerk, or the office of Governor where the electors have abolished the office of circuit clerk. (d) SUSPENSION OF FORCE. (1) GENERAL ORDINANCE. A referendum petition on a general ordi- nance, or any part thereof, shall delay the effective date on that part included in the petition until the ordinance is ratiﬁed by the electors. However, the ﬁling of a referendum petition against one (1) or more items, sections, or parts of any ordinance shall not delay the remainder from becoming operative. (2) EMERGENCY ORDINANCE. A referendum petition on an emergency ordinance shall not suspend the force of the law, but the measure may be law until it is voted upon by the electors. History. Acts 1977, No. 742, § 94; 1979, No. 413, § 24; A.S.A. 1947, § 17- 4011. RESEARCH REFERENCES U. Ark. Little Rock L.J. Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296. CASE NOTES ANALYSIS Legislative Powers. Petition by Electors. Legislative Powers. Where provisions of optional general stock law were never put in force in county, an initiated stock law covering the county was valid. Smith v. Plant, 179 Ark. 1024, 19 S.W.2d 1022 (1929) (decision un- der prior law). The qualiﬁed electors of any particular county may enact salary laws applicable to that particular county. Dozier v. Rags- dale, 186 Ark. 654, 55 S.W.2d 779 (1932); Reeves v. Smith, 190 Ark. 213, 78 S.W.2d 72 (1935); Tindall v. Searan, 192 Ark. 173, 90 S.W.2d 476 (1936); Phillips v. Rothrock, 194 Ark. 945, 110 S.W.2d 26 (1937) (deci- sions under prior law). Neither this section nor Ark. Const. Amend. 7, nor any other state law prohib- its the voters of a county from using their right of initiative to call for a referendum whereby the people of the county can express their approval or disapproval of the quorum court’s action in leasing a county owned hospital. Proctor v. Ham- mons, 277 Ark. 247, 640 S.W.2d 800 (1982). Petition by Electors. Where an elector wishes to place a bond issue on a special election ballot, but no votes were tabulated in the most recent general election for circuit clerk, the num- ber of signatures required on the referen- dum petition should be determined by the total votes cast in the last general election in which votes were cast for the circuit clerk. Yarbrough v. Witty, 336 Ark. 479, 987 S.W.2d 257 (1999). 113 14-14-914 COUNTY GOVERNMENT CODE ### Page 123 14-14-915. Initiative and referendum requirements. (a) STYLE REQUIREMENTS OF PETITIONS. A petition for county initiative or referendum ﬁled by the electors shall: (1) Embrace only a single comprehensive topic and shall be styled and circulated for signatures in the manner prescribed for county ordinances and amendments to ordinances established in this section and § 7-9-101 et seq.; (2) Set out fully in writing the ordinance sought by petitioners; or in the case of an amendment, set out fully in writing the ordinance sought to be amended and the proposed amendment; or in the case of referendum, set out the ordinance, or parts thereof, sought to be repealed; (3)(A)(i) Contain a written certiﬁcation of legal review by an attorney at law duly registered and licensed to practice in the State of Arkansas. (ii) This legal review shall be conducted for the purpose of form, proper title, legality, constitutionality, and conﬂict with existing ordinances. (iii) Legal review shall be concluded prior to the circulations of the petition for signatures. (B) No change shall be made in the text of any initiative or referendum petition measure after any or all signatures have been obtained; and (4) Contain the full ballot title of the initiative or referendum at the top of each signature page. (b) TIME REQUIREMENTS FOR FILING PETITIONS. (1) INITIATIVE PETITIONS. (A) All petitions for initiated county measures shall be ﬁled with the county clerk not less than ninety (90) calendar days nor more than one hundred twenty (120) calendar days prior to the date established for the next regular election. (B) A petition sponsor shall comply with §§ 7-9-107 and 7-9-601 before ﬁling an initiative or referendum petition with the county clerk in the county where the petition will be circulated. (2) REFERENDUM PETITIONS. All petitions for referendum on county measures must be ﬁled with the county clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed. (3) CERTIFICATION. All initiative and referendum petitions must be certiﬁed sufficient to the county board of election commissioners not less than seventy (70) calendar days prior to a regular general election to be included on the ballot. If the adequacy of a petition is determined by the county clerk less than seventy (70) days prior to the next regular election, the election on the measure shall be delayed until the following regular election unless a special election is called on a referendum measure as provided by law. 114 14-14-915 LOCAL GOVERNMENT ### Page 124 (c) FILING OF PETITIONS. Initiative and referendum petitions ordering the submission of county ordinances or measures to the electors shall be directed to and ﬁled with the county clerk. (d) SUFFICIENCY OF PETITION. Within ten (10) days after the ﬁling of any petition, the county clerk shall examine and ascertain its suffi- ciency. Where the petition contains evidence of forgery, perpetuated either by the circulator or with his or her connivance, or evidence that a person has signed a name other than his or her own to the petition, the prima facie verity of the circulator’s affidavit shall be nulliﬁed and disregarded, and the burden of proof shall be upon the sponsors of petitions to establish the genuineness of each signature. If the petition is found sufficient, the clerk shall immediately certify the ﬁnding to the county board of election commissioners and the quorum court. (e) INSUFFICIENCY OF PETITION AND RECERTIFICATION. If the county clerk ﬁnds the petition insufficient, within ten (10) days after the ﬁling thereof the clerk shall notify the petitioners or their designated agent or attorney of record, in writing, setting forth in detail every reason for the ﬁndings of insufficiency. Upon notiﬁcation of insufficiency of the peti- tion, the petitioners shall be afforded ten (10) calendar days, exclusive of the day notice of insufficiency is receipted, in which to solicit and add additional signatures, or to submit proof tending to show that signa- tures rejected by the county clerk are correct and should be counted. Upon resubmission of a petition which was previously declared insuf- ﬁcient, within ﬁve (5) calendar days the county clerk shall recertify its sufficiency or insufficiency in the same manner as prescribed in this section and, thereupon, the clerk’s jurisdiction as to the sufficiency of the petition shall cease. (f) APPEAL OF SUFFICIENCY OR INSUFFICIENCY FINDINGS. Any taxpayer aggrieved by the action of the clerk in certifying the sufficiency or insufficiency of any initiative or referendum petition, may within ﬁfteen (15) calendar days, but not thereafter, may ﬁle a petition in circuit court for a review of the ﬁndings. History. Acts 1977, No. 742, § 94; 1979, No. 891, § 1; A.S.A. 1947, § 17- 4011; Acts 2009, No. 1480, § 50; 2025, No. 768, §§ 13, 14. Amendments. The 2009 amendment substituted “not less than ninety (90) cal- endar days nor more than one hundred twenty (120) calendar days” for “not less than sixty (60) calendar days nor more than ninety (90) calendar days” in (b)(1); and substituted “seventy (70)” for “forty (40)” twice in (b)(3). The 2025 amendment added the (a)(3)(A) and (a)(3)(B) designations; added (a)(4); added the (b)(1)(A) designation; and added (b)(1)(B). RESEARCH REFERENCES U. Ark. Little Rock L.J. Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296. 115 14-14-915 COUNTY GOVERNMENT CODE ### Page 125 CASE NOTES ANALYSIS Constitutionality. Construction. Filing. Signatures. Sufficiency of Petition. Time Requirements. Constitutionality. The 15-day time limit in subsection (f) of this section is not unconstitutional in violation of Ark. Const. Amend. 7. Com- mittee for Util. Trimming, Inc. v. Hamil- ton, 290 Ark. 283, 718 S.W.2d 933 (1986). Subsection (d) does not conﬂict with U.S. Const. amend. 7 because under the statute, the person attacking the petition must ﬁrst meet the burden of proving the petition contains evidence of forgery or that there is evidence a person has signed a name other than his or her own, and this is consistent with the constitution, which places the burden of proof on the chal- lenger; because the burden is on the con- testant in the ﬁrst instance, the statute does not conﬂict with the constitution. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Construction. Subsection (e) does not purport to pre- clude a circuit court from considering in its review the entirety of the petition, which includes all of the signatures sub- mitted to a county clerk with the petition, but merely sets a deadline of ﬁve days for the county clerk to complete the task of determining whether thirty-eight percent of the registered voters signed the peti- tion, after the sponsors have been given ten days to cure the previous deﬁciencies. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Filing. Procedural deﬁciencies by county clerk on proper ﬁling of petition held not fatal when there is yet time in which the clerk may correct such deﬁciencies. Brown v. Davis, 226 Ark. 843, 294 S.W.2d 481 (1956) (decision under prior law). Signatures. Subsection (e) does envision the collec- tion of signatures following the clerk’s notiﬁcation that the petition, as originally submitted, is insufficient; however, there is nothing in the statute that expressly prohibits a sponsor from collecting signa- tures after the petition has been ﬁled with the county clerk. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Circuit court clearly erred by refusing to consider 720 signatures in its review of the county clerk’s certiﬁcation of a ballot- question committee’s local-option petition; a circuit court is called upon to determine whether the petition is sufficient, mean- ing whether thirty-eight percent of the registered voters signed the petition, and, in that review, a circuit court has to con- sider the entire petition, which includes all of the signatures submitted to a county clerk with the petition. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Although the statute couches the dead- line in jurisdictional terms, it does not follow that a circuit court is prohibited from considering uncounted signatures when determining the correctness of a clerk’s certiﬁcation that thirty-eight per- cent of registered voters signed the peti- tion; although a county clerk is required to meet the deadline, the clerk’s loss of juris- diction after ﬁve days does not limit the evidence that can be received in circuit court upon de novo review of certiﬁcation. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Subsection (d) does not conﬂict with U.S. Const. amend. 7 because under the statute, the person attacking the petition must ﬁrst meet the burden of proving the petition contains evidence of forgery or that there is evidence a person has signed a name other than his or her own, and this is consistent with the constitution, which places the burden of proof on the chal- lenger; because the burden is on the con- testant in the ﬁrst instance, the statute does not conﬂict with the constitution. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Because a ballot-question committee presented no evidence verifying excluded signatures, the circuit court correctly ex- cluded all of the signatures found on peti- tions where any one signature was found to be invalid; nothing in the language of 116 14-14-915 LOCAL GOVERNMENT ### Page 126 the statute limits its application to the county clerk’s veriﬁcation process. Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457, 452 S.W.3d 552 (2014). Sufficiency of Petition. One affidavit to each petition consisting of many pages was held sufficient. Blocker v. Sewell, 189 Ark. 924, 75 S.W.2d 658 (1934) (decision under prior law). Where evidence is satisfactory that names appearing on initiative petitions are not, prima facie, qualiﬁed electors, and no proof is offered to overcome this showing, the names will be stricken from the lists. Hargis v. Hall, 196 Ark. 878, 120 S.W.2d 335 (1938) (decision under prior law). Evidence that names appearing on ini- tiative petition were written in groups and in handwritings other than that of persons whose names were being used held sufficient to establish fraud, requir- ing the names be purged from lists. Har- gis v. Hall, 196 Ark. 878, 120 S.W.2d 335 (1938) (decision under prior law). If persons’ names are signed by others to petition for the submission of a pro- posed initiated act to the voters, in the absence of wrongful intent or connivance between the signers and circulators of the petition, only those names wrongfully signed should be stricken. Sturdy v. Hall, 204 Ark. 785, 164 S.W.2d 884 (1942) (de- cision under prior law). Where affidavits ﬁled by circulators of petitions for an initiated measure were found to be false, the court was not wrong, as a matter of law, in excluding entirely the petitions of those affiants when the affiants merely said that they did not actually see all the persons sign in their presence. Parks v. Taylor, 283 Ark. 486, 678 S.W.2d 766 (1984). Trial judge properly set aside a county clerk’s certiﬁcation of initiative petitions and properly instructed an election com- mission to remove the issue from the bal- lot because there was sufficient evidence on which the trial judge could rely to ﬁnd that certain people signed names other than their own on various initiative peti- tions submitted to the clerk; the trial court was well within its bounds under subsection (d) of this section to reject the validity of those petitions and invalidate all of the signatures. Save Energy Reap Taxes v. Shaw, 374 Ark. 428, 288 S.W.3d 601 (2008). Trial court erred in dismissing appel- lants’ complaint challenging the validity of a county clerk’s certiﬁcation of a “wet/ dry” initiative petition for placement on the ballot at a general election because appellants satisﬁed their burden of proof under subsection (d) of this section re- garding two allegedly forged signatures on a petition; because the county clerk failed to produce any evidence on the issue, all of the signatures on the petition that contained the alleged forgeries had to be decertiﬁed. Mays v. Cole, 374 Ark. 532, 289 S.W.3d 1 (2008). Time Requirements. Where ﬁling dates of initiative petitions showed they were ﬁled less than 60 days before election contrary to Arkansas Con- stitution, there could be no presumption that the public had notice of proceeding contemplated and required by the consti- tution, and there was, therefore, no au- thority for holding the election and, the election was a nullity. Phillips v. Rothrock, 194 Ark. 945, 110 S.W.2d 26 (1937) (deci- sion under prior law). Section 14-14-905(f)(2) did not repeal subdivision (b)(2), but speciﬁcally pre- served all previously enacted enabling legislation, including subdivision (b)(2). Cox v. French, 277 Ark. 134, 640 S.W.2d 786 (1982). Paragraph three of the local petitions part of Ark. Const. Amend. 7, which states that the time for ﬁling referendum peti- tions is from 30 to 90 days from the passage of the county measure, is not self-executing, because it clearly antici- pates that general laws may be enacted ﬁxing a time for ﬁling a referendum peti- tion at a speciﬁc time between 30 and 90 days; therefore, where the General As- sembly, by enacting subdivision (b)(2), ﬁxed the time at 60 days, the General Assembly exercised its lawful power to enact enabling legislation. Cox v. French, 277 Ark. 134, 640 S.W.2d 786 (1982). Supreme Court of Arkansas had appel- late jurisdiction over an appeal of a circuit court order affirming the county clerk’s determination that a local-option petition was insufficient to place on the ballot; the 10-day appeal period of § 3-8-205(b) only applied when the county clerk had certi- ﬁed a petition and indicated that it would be placed on the ballot, and appellants had timely appealed under this section. 117 14-14-915 COUNTY GOVERNMENT CODE ### Page 127 Keep Our Dollars in Independence Cnty. v. Mitchell, 2017 Ark. 154, 518 S.W.3d 64 (2017). Cited: Henard v. St. Francis Election Comm., 301 Ark. 459, 784 S.W.2d 598 (1990); Lawson v. St. Francis County Elec- tion Comm’n, 309 Ark. 135, 827 S.W.2d 159 (1992). 14-14-917. Initiative and referendum elections. (a) TIME OF ELECTION FOR INITIATIVE AND REFERENDUM MEASURES. (1) INITIATIVE. Initiative petition measures shall be considered by the electors only at a regular general election at which state and county officers are elected for regular terms. (2) REFERENDUM. Referendum petition measures may be submitted to the electors during a regular general election and shall be submitted if the adequacy of the petition is determined within the time limitation prescribed in this section. A referendum measure may also be referred to the electors at a special election called for the expressed purpose proposed by petition. However, no referendum petition certiﬁed within the time limitations established for initiative measures shall be re- ferred to a special election, but shall be voted upon at the next regular election. A referendum election shall be held on a date under § 7-11- 205. (3) CALLING SPECIAL ELECTIONS. The jurisdiction to establish the necessity for a special election on referendum measures is vested in the electors through the provisions of petition. Where the jurisdiction is not exercised by the electors, the county court of each of the several counties may determine the necessity. However, a quorum court may compel the calling of a special election by a county court through resolution adopted during a regularly scheduled meeting of the quorum court. The resolution may specify a reasonable time limitation in which a county court order calling the special election shall be entered. (4) TIME OF SPECIAL ELECTION. The county court shall ﬁx the date for the conduct of any special elections on referendum measures. The date shall be not less than established under § 7-11-201 et seq. When the electors exercise their powers to establish the necessity for a special election, the county court shall order an election according to the dates stated in § 7-11-201 et seq. (b) CERTIFICATION REQUIREMENTS. (1) NUMERIC DESIGNATION OF INITIATIVE AND REFERENDUM MEASURES. Upon ﬁnding an initiative or referendum petition sufficient and prior to delivery of the certiﬁcation to a board of election commissioners and quorum court, the county clerk shall cause the measure to be entered into the legislative agenda register of the quorum court. This entry shall be in the order of the original ﬁling of petition, and the register entry number shall be the official numeric designation of the proposed measure for election ballot purposes. (2) CERTIFICATION OF SUFFICIENCY. The certiﬁcation of sufficiency for initiative and referendum petitions transmitted by the county clerk to the county board of election commissioners and quorum court shall include the ballot title of the proposed measure, the legislative agenda 118 14-14-917 LOCAL GOVERNMENT ### Page 128 registration number, and a copy of the proposed measure, omitting signatures. The ballot title certiﬁed to the board shall be the compre- hensive title of the measure proposed by petition, and the delivery of the certiﬁcation to the chair or secretary of the board shall be deemed sufficient notice to the members of the board and their successors. (c) NOTICE OF ELECTION. (1) INITIATIVE PETITIONS. Upon certiﬁcation of any initiative or refer- endum petition measure submitted during the time limitations for a regular election, the county clerk shall give notice through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election and shall include the full text, the ballot title, and the official numeric designa- tion of the measure. (2) REFERENDUM PETITION. Upon certifying any referendum petition prior to the time limitations of ﬁling measures established for a regular election, the county clerk shall give notice through publication by a one-time insertion in a newspaper of general circulation in the county or as provided by law. Publication notice shall state that the measure will be submitted to the electors for adoption or rejection at the next regular election or a special election when ordered by the county court and shall include the full text, the ballot title, and the official numeric designation of the measure. (3) PUBLICATION OF SPECIAL REFERENDUM ELECTION NOTICE. Upon ﬁling of a special election order by the county court, the county clerk shall give notice of the election through publication by a two-time insertion, at not less than a seven-day interval, in a newspaper of general circulation in the county or as provided by law. Publication shall state that the measure will be submitted to the electors for adoption or rejection at a special election and shall include the full text, the date of the election, the ballot title, and official numeric designation of the measure. (4) COSTS. The cost of all publication notices required in this section shall be paid out of the county general fund. (d) BALLOT SPECIFICATIONS FOR INITIATIVE AND REFERENDUM MEASURES. (1)(A) Upon receipt of any initiative or referendum measure certiﬁed as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. (B)(i) Except as provided in subdivision (d)(1)(B)(ii) of this section, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred by the quorum court to the electors with these words: “FOR PROPOSED INITIATIVE (OR REFERRED) ORDI- NANCE (OR AMENDMENT OR MEASURE) NO. ________________________________ AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDI- NANCE (OR AMENDMENT OR MEASURE) 119 14-14-917 COUNTY GOVERNMENT CODE ### Page 129 NO. ________________________________”. (ii) If the election concerns repeal of an ordinance or measure by referendum petition, the ballot shall state plainly the title of the initiated ordinance or referred measure with these words: “FOR REPEAL OF THE INITIATIVE (OR REFERRED) OR- DINANCE (OR AMENDMENT OR MEASURE) NO. ________________________________ AGAINST REPEAL OF THE INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT OR MEASURE) NO. ________________________________”. (2) In arranging the ballot title on the ballot, the commissioners shall place it separate and apart from the ballot titles of the state acts, constitutional amendments, and the like. If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certiﬁed as sufficient, the qualiﬁed electors of the county may vote for or against the ordinance or measure by writing or stamping on their ballots the proposed ballot title, followed by the word “FOR” or “AGAINST”, and a majority of the votes so cast shall be sufficient to adopt or reject the proposed ordinance. (e) CONFLICTING MEASURES. Where two (2) or more ordinances or measures shall be submitted by separate petition at any one (1) election, covering the same subject matter and being for the same general purpose, but different in terms, words, and ﬁgures, the ordi- nance or measure receiving the greatest number of affirmative votes shall be declared the law, and all others shall be declared rejected. (f) CONTEST OF ELECTION. The right to contest the returns and certi- ﬁcation of the vote cast upon any proposed initiative or referendum measure is expressly conferred upon any ten (10) qualiﬁed electors of the county. The contest shall be brought in the circuit court and shall be conducted under the procedure for contesting the election of county officers, except that the complaint shall be ﬁled within sixty (60) days after the certiﬁcation of the vote, and no bond shall be required of the contestants. (g) VOTE REQUIREMENT FOR ENACTMENT OF ORDINANCE. Any measure submitted to the electors as provided in this section shall take effect and become law when approved by a majority of the votes cast upon the measure, and not otherwise, and shall not be required to receive a majority of the electors voting at the election. The measure so enacted shall be operative on and after the thirtieth day after the election at which it is approved, unless otherwise speciﬁed in the ordinance or amendment. History. Acts 1977, No. 742, § 94; A.S.A. 1947, § 17-4011; Acts 2003, No. 1441, § 2; 2007, No. 1049, § 35; 2009, No. 1480, § 51; 2015, No. 1036, § 1; 2021, No. 610, § 12. Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7- 5-103(b)” twice in (a)(4). The 2015 amendment redesignated (d) as (d)(1) and (2); deleted “So that electors may vote upon the ordinance or measure” from the end of (d)(1)(A); in (d)(1)(B)(i), in 120 14-14-917 LOCAL GOVERNMENT ### Page 130 the introductory language, added “Except as provided in subdivision (d)(1)(B)(ii) of this section” to the beginning and inserted “by the quorum court,” and added “OR MEASURE” twice throughout; and added (d)(1)(B)(ii). The 2021 amendment substituted “on a date under § 7-11-205” for “less than sixty (60) days after the certiﬁcation of ad- equacy of the petition by the county clerk” in (a)(2) and made a stylistic change. Cross References. Special school elec- tions, § 6-14-102. Effective Dates. Acts 2021, No. 610, § 41: Jan. 1, 2022. RESEARCH REFERENCES U. Ark. Little Rock L.J. Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296. CASE NOTES ANALYSIS Ballot Speciﬁcations. Calling Special Elections. Contest of Elections. Publication of Election Notices. Vote Requirements. Ballot Speciﬁcations. The words “Initiative Act No. 1 of White County” preceding the title was no part of the title and the omission of the words “of White County” from the ballot did not affect its validity. Smith v. Plant, 179 Ark. 1024, 19 S.W.2d 1022 (1929) (decision un- der prior law). Ballot title, “An act to ﬁx the salaries and expenses of county officers and to ﬁx the manner in which such compensations and salaries shall be paid and to reduce the costs of county government, and for other purposes,” was sufficient. Coleman v. Sherrill, 189 Ark. 843, 75 S.W.2d 248 (1934); Blocker v. Sewell, 189 Ark. 924, 75 S.W.2d 658 (1934); House v. Brazil, 196 Ark. 602, 119 S.W.2d 397 (1938) (decisions under prior law). Calling Special Elections. The matter of calling a special election, if not exercised by the electors, rests in the discretion of the county judge and/or the quorum court, either of which may deter- mine the necessity of calling a special election. Quattlebaum v. Davis, 265 Ark. 588, 579 S.W.2d 599 (1979). Contest of Elections. Equity had no jurisdiction to try elec- tion contests involving initiated acts. Hutto v. Rogers, 191 Ark. 787, 88 S.W.2d 68 (1935) (decision under prior law). Taxpayer’s suit against county officials to enjoin disbursement of public revenues pursuant to provisions of initiated act by reason that submission of the question was unauthorized under the initiative and referendum act and enabling act passed pursuant thereto, and therefore did not become a law notwithstanding a favorable vote thereon, held not an election contest, and 60 day limitation would not apply to it. Phillips v. Rothrock, 194 Ark. 945, 110 S.W.2d 26 (1937) (decision under prior law). In suit to restrain enforcement of an initiative act and to have the act declared invalid, exhibits attached to motion to dissolve temporary restraining order, showing that jurisdictional requirements were met in respect of initiation of the act, showed prima facie the act was legally adopted. Sager v. Hibbard, 203 Ark. 672, 158 S.W.2d 922 (1942) (decision under prior law). Proper procedure to prevent calling of election on dog racing by board of commis- sioners was by suit against commissioners rather than against county clerk, since an election was under authority of former statutes relating to racing, and not under the power of initiative or referendum. Townes v. McCollum, 221 Ark. 920, 256 S.W.2d 716 (1953) (decision under prior law). After a question is submitted to and voted upon by the people, the sufficiency of the petition was of no importance and could not be questioned. Herrington v. Hall, 238 Ark. 156, 381 S.W.2d 529 (1964) (decision under prior law). Under former statute and Ark. Const. Amend. 7, validity of election wherein 121 14-14-917 COUNTY GOVERNMENT CODE ### Page 131 countywide stock law was adopted was not affected by failure of court to rule on action attacking validity of petition prior to the election where record showed no request for trial nor objection for failure to grant a trial. Herrington v. Hall, 238 Ark. 156, 381 S.W.2d 529 (1964) (decision un- der prior law). When the Arkansas Constitution of 1874 was adopted, chancery courts had no jurisdiction with respect to election con- tests or the adjudication of political rights, and such jurisdiction could not be con- ferred by statute. McFerrin v. Knight, 265 Ark. 658, 580 S.W.2d 463 (1979) (decision under prior law). Publication of Election Notices. Acts 1911 (Ex. Sess.), No. 2, § 15, relat- ing to the publication of initiated mea- sures, could have no applicability to local or county measures after the adoption of Ark. Const. Amend. 7. Reeves v. Smith, 190 Ark. 213, 78 S.W.2d 72 (1935) (deci- sion under prior law). Vote Requirements. An affirmative vote could not be given effect when the petition was not ﬁled in compliance with the constitutional provi- sions. Phillips v. Rothrock, 194 Ark. 945, 110 S.W.2d 26 (1937) (decision under prior law). Cited: Henard v. St. Francis Election Comm., 301 Ark. 459, 784 S.W.2d 598 (1990); Redd v. Sossomon, 315 Ark. 512, 868 S.W.2d 466 (1994). 14-14-919. Referendum petitions on county bond issue. All referendum petitions under Arkansas Constitution, Amendment 7, against any measure, as the term is used and deﬁned in Arkansas Constitution, Amendment 7, pertaining to a county bond issue or a short-term ﬁnancing obligation of a county under Arkansas Constitu- tion, Amendment 78, must be ﬁled with the county clerk within thirty (30) days after the adoption of any such measure. History. Acts 1979, No. 717, § 1; A.S.A. 1947, § 17-4011.1; Acts 2001, No. 981, § 1. A.C.R.C. Notes. Acts 2001, No. 981, § 2, provided: “All laws and parts of laws in conﬂict herewith are hereby repealed to the extent of such conﬂict.” SUBCHAPTER 12 — PERSONNEL PROCEDURES SECTION. 14-14-1201. Surety bond for certain county and township offi- cers and employees. 14-14-1202. Ethics for county govern- ment officers and employ- ees. SECTION. 14-14-1203. Compensation and expense reimbursements generally. 14-14-1207. Reimbursement of allowable expenses. 14-14-1208. Professional memberships and meetings. 14-14-1201. Surety bond for certain county and township offi- cers and employees. (a) SURETY BOND REQUIRED. All elected or appointed county and township officers, and employees thereof, who receipt for cash funds or disburse public funds of a county by virtue of their office or employment shall obtain a surety bond. (b) AMOUNT OF BOND. (1) The amount for which a county or township officer or employee shall be bonded shall be based on the amount of money or property 122 14-14-919 LOCAL GOVERNMENT ### Page 132 handled and the opportunity for defalcation. These amounts shall be ﬁxed annually by ordinance of the quorum court of each county based on the total cash receipts and disbursements of the office for the preceding calendar year. (2)(A) These surety bonds shall be initiated in minimum amounts computed as follows: (i) On the ﬁrst one hundred thousand dollars ($100,000), or any part thereof, of receipts or disbursements of the office, ten percent (10%) of the amount; (ii) On the next two hundred thousand dollars ($200,000), or any part thereof, of receipts or disbursements of the office, seven and one-half percent (7½%) of the amount; (iii) On the next two hundred thousand dollars ($200,000), or any part thereof, of receipts or disbursements of the office, ﬁve percent (5%) of the amount; (iv) On the next ﬁve hundred thousand dollars ($500,000), or any part thereof, of the amount, two and one-half percent (2½%); and (v) On all amounts in excess of one million dollars ($1,000,000), one percent (1%) of the amount. (B) The maximum amount of any bond required of any elected officer or employee thereof shall not exceed ﬁve hundred thousand dollars ($500,000). (c) AUTHORIZED BONDING COMPANIES. Bonds purchased by a county government shall be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in the state. (d) CONDITIONS OF SURETIES. The condition of every official bond must be that the covered officers and employees shall perform all official duties required of them by law and also such additional duties as may be imposed on them by any law subsequently enacted, and that they will account for and pay over and deliver to the person or officer entitled to receive the same all moneys or other property that may come into their hands as such officers or employees. The sureties upon any official bond are also in all cases liable for the neglect, default, or misconduct in office of any deputy, clerk, or employee, appointed or employed by an officer or employee of county government. (e) PURCHASE OF BONDS. The county judge of each county shall purchase all surety bonds for county and township officers, and employ- ees thereof, in the amounts ﬁxed by ordinance of the county quorum court pursuant to the purchasing laws governing county government. A bond may cover an individual officer or employee, or a blanket bond may cover all officers and employees, or any group or combination of officers and employees. (f) APPROPRIATION OF BOND PREMIUMS. The quorum court of each county shall provide for by appropriation the payment of premiums for surety bonds of all county and township officers, and employees thereof. (g) APPROVAL AND FILING OF BONDS. All official bonds must be signed and executed by the county court of each county and one (1) or more 123 14-14-1201 COUNTY GOVERNMENT CODE ### Page 133 surety companies organized under the laws of this state or licensed to do business in this state. The original of each such executed bond, as required in this section, shall be ﬁled in the office of county clerk. History. Acts 1977, No. 742, § 113; A.S.A. 1947, § 17-4206. Cross References. Self-Insured Fidel- ity Bond Program,, § 21-2-701 et seq. CASE NOTES ANALYSIS Actions on Bonds. Attorney’s Fees. Conditions of Sureties. Liability of Sureties. Actions on Bonds. The state may bring an action on a county officer’s bond for the amount of the officer’s defalcation. State ex rel. Benton County v. Wood, 51 Ark. 205, 10 S.W. 624 (1889) (decision under prior law). Suit cannot be brought on a county officer’s bond until the amount due has been determined by a court. Graham v. State, 100 Ark. 571, 140 S.W. 735 (1911) (decision under prior law). Attorney’s Fees. For an indemnity agreement contained in bond executed to state to indemnify sheriff to include attorney’s fees and to be recoverable by the indemnitee, the attor- ney’s fees had to be reasonable, proper, necessary, and incurred in good faith and with due diligence; were factual questions to be determined by the trier of fact; and when properly placed in dispute, were not matters to be disposed of on motion for summary judgment. United States Fid. & Guar. Co. v. Love, 260 Ark. 374, 538 S.W.2d 558 (1976) (decision under prior law). Conditions of Sureties. A county officer’s bond that obligates the officer and his sureties that he will truly account for and pay over all moneys that come to his hands by virtue of his office is valid, although it names no obli- gee. State ex rel. Benton County v. Wood, 51 Ark. 205, 10 S.W. 624 (1889) (decision under prior law). The failure of a county treasurer to bring funds into court when ordered con- stituted a breach of his bond, although the funds could have been lost by the insol- vency of the bank in which they were deposited. State ex rel. Benton County v. Wood, 51 Ark. 205, 10 S.W. 624 (1889) (decision under prior law). Liability of Sureties. It is in the discretion of a court, upon a proper showing by a surety on an official bond of a county officer, to require the officer to give a new bond and discharge the surety from future liability; however, the court has no power to discharge the surety from past liability. Ex parte Talbot, 32 Ark. 424 (1877) (decision under prior law). The amount for which the bond for a county officer is liable is the amount ﬁxed by a court, with legal interest from the date of auditing. State ex rel. Benton County v. Wood, 51 Ark. 205, 10 S.W. 624 (1889) (decision under prior law). The General Assembly may release an officer and bondsmen from liability for a claim legally due, but which would be unjust and oppressive to collect. Pearson v. State, 56 Ark. 148, 19 S.W. 499 (1892) (decision under prior law). Sureties on bond approved by circuit judge in vacation were not liable for any funds that came into a treasurer’s hands after rejection of the bond by the circuit court and the expiration of 15 days there- after within which the treasurer failed to ﬁle new bond. Wood v. State, 63 Ark. 337, 40 S.W. 87 (1897) (decision under prior law). Sureties on an officer’s bond are not liable for penalties imposed by a statute passed after the execution of the bond. Hunter State Bank v. Mills, 90 Ark. 10, 117 S.W. 760 (1909) (decision under prior law). A county treasurer depositing county funds in a bank that had not executed a bond payable to the county as required by statute was not relieved from liability on his official bond on the bank’s insolvency, although the treasurer took a bond from the bank payable to himself to secure his 124 14-14-1201 LOCAL GOVERNMENT ### Page 134 deposits, which bond was approved by the county court. Huffstuttler v. State, 183 Ark. 993, 39 S.W.2d 721 (1931) (decision under prior law). A surety is not liable for punitive dam- ages assessed against county officer. Ar- nold v. State ex rel. Burton, 220 Ark. 25, 245 S.W.2d 818 (1952) (decision under prior law). Cited: Wilson v. Robinson, 506 F. Supp. 1236 (E.D. Ark. 1981). 14-14-1202. Ethics for county government officers and employ- ees. (a) PUBLIC TRUST. (1) The holding of public office or employment is a public trust created by the conﬁdence which the electorate reposes in the integrity of officers and employees of county government. (2) An officer or employee shall carry out all duties assigned by law for the beneﬁt of the people of the county. (3) The officer or employee may not use his or her office, the inﬂuence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his or her family or an associate, other than advancing strictly incidental beneﬁts as may accrue to any of them from the enactment or administration of law affecting the public generally. (b) OFFICERS AND EMPLOYEES OF COUNTY GOVERNMENT DEFINED. (1) For purposes of this section, officers and employees of county government include: (A) All elected county and township officers and their employees; (B) All district judicial officers serving a county and their employ- ees; and (C) All members of county boards and advisory, administrative, or subordinate service districts and their employees. (2) Officials who are considered to be state officers or deputy pros- ecuting attorneys are not covered by this subsection. (c) RULES OF CONDUCT. (1) No officer or employee of county government shall: (A)(i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or beneﬁt on account of, connected with, or growing out of any contract or transaction of a county. (ii)(a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the beneﬁt of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or beneﬁt; (B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity; 125 14-14-1202 COUNTY GOVERNMENT CODE ### Page 135 (C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic beneﬁt by official action to be taken by county government; (D)(i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substan- tial ﬁnancial interest in a competing ﬁrm or undertaking. (ii) Substantial ﬁnancial interest is deﬁned for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed]. (2)(A)(i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2⁄3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall deﬁne speciﬁcally the unusual circumstances under which the purchase is permitted and the limitations of the authority. (B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property. (C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall ﬁle an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance. (3)(A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member. (B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be imple- mented during the next election cycle of each office. (d) REMOVAL FROM OFFICE OR EMPLOYMENT. (1) COURT OF JURISDICTION. Any citizen of a county or the prosecuting attorney of a county may bring an action in the circuit court in which the county government is located to remove from office any officer or employee who has violated the rules of conduct set forth in this section. (2) SUSPENSION PRIOR TO FINAL JUDGMENT. (A) Pending ﬁnal judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay. (B) Suspension of any officer or employee pending ﬁnal judgment shall be upon order of the circuit court or judge thereof in vacation. (3) PUNISHMENT. (A) Judgment upon conviction for violation of the rules of conduct set forth in this section is a violation. (B) Punishment shall be by a ﬁne of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the 126 14-14-1202 LOCAL GOVERNMENT ### Page 136 officer or employee shall be removed from office or employment of the county. (4) ACQUITTAL. Upon acquittal, an officer or employee shall be rein- stated in his or her office or position of employment and shall receive all back pay. (5) LEGAL FEES. (A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees in- curred in his or her defense. (B)(i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury. History. Acts 1977, No. 742, § 115; A.S.A. 1947, § 17-4208; Acts 1987, No. 930, § 1; 1989, No. 352, § 1; 1989, No. 681, § 1; 2005, No. 1924, § 1; 2017, No. 193, § 1; 2019, No. 383, § 3; 2023, No. 203, § 1. Amendments. The 2017 amendment rewrote (c)(2). The 2019 amendment deleted “shall” following “government” in the introduc- tory language of (b)(1); redesignated (b)(1)(A)(i), (b)(1)(A)(ii), and (b)(1)(A)(iii) as (b)(1)(A), (b)(1)(B), and (b)(1)(C); added “and their employees” in (b)(1)(A), (b)(1)(B), and (b)(1)(C); substituted “boards and advisory” for “boards, advi- sory” in (b)(1)(C); and deleted former (b)(1)(B). The 2023 amendment substituted “is a violation” for “shall be deemed a misde- meanor” in (d)(3)(A). CASE NOTES Constable. A constable is an official of the county and thus covered by workers’ compensa- tion. Farnsworth v. White County, 312 Ark. 574, 851 S.W.2d 451 (1993). Cited: Hester v. Langston, 297 Ark. 87, 759 S.W.2d 797 (1988); Farnsworth v. White County, 39 Ark. App. 98, 839 S.W.2d 229 (1992); Post v. Harper, 980 F.2d 491 (8th Cir. 1992). 14-14-1203. Compensation and expense reimbursements gener- ally. (a) APPROPRIATION REQUIRED. All compensation, including salary, hourly compensation, expense allowances, training expenses, and other remunerations, allowed to any county officer, district officer, county officer-elect, district officer-elect, or employee is made only on speciﬁc appropriation by the quorum court of the county. (b) PAYMENTS ON CLAIMS APPROVED BY THE COUNTY JUDGE. All compensa- tion, including salary, hourly compensation, expense allowances, train- ing expenses, and other remuneration, allowed to any county officer, district officer, county officer-elect, district officer-elect, or employee is made only upon claim or voucher presented to the county judge and approved by him or her in the manner prescribed by law for disburse- ment of county funds. (c) EXPENSE REIMBURSEMENT. (1) Except as provided under subdivision (c)(2) of this section, all expense allowances, training expenses, and remunerations other than 127 14-14-1203 COUNTY GOVERNMENT CODE ### Page 137 salary provided in this subchapter shall be made only upon voucher or claim itemizing the allowances or expenses, prepared in the manner prescribed by law, and presented to and approved by the county judge in the manner prescribed by law for the disbursement of county funds. (2) County officials may make cash advances for travel-related expenses to employees, subject to rules adopted by the Legislative Joint Auditing Committee. (d) DECREASES IN SALARY. (1) A decrease in the annual salary or compensation of an elected county constitutional officer is not effective during a current term of office. (2) A decrease ﬁxed by the quorum court of the county is not effective until January 1 following a general election in which the county constitutional officer appeared on the ballot. (e) ENTERPRISE ACCOUNTS PROHIBITED. An elected county or district officer or employee of the county or district shall not individually maintain or operate an account for ﬁnancing self-supporting activities that render services on a user charge basis to the general public. History. Acts 1977, No. 742, § 112; 1983, No. 233, § 1; A.S.A. 1947, § 17- 4205; Acts 2011, No. 614, § 1; 2015, No. 279, § 1; 2021, No. 314, § 2. Amendments. The 2011 amendment inserted “training expenses” in (a), (b) and (c)(1); substituted “district” for “township” in (a), (b) and (e); inserted “or her” in (b); inserted “Except as provided under subdi- vision (c)(2) of this section” in (c)(1); and added (c)(2). The 2015 amendment, in (a) and (b), substituted “county officer, district officer, county officer-elect, district officer-elect, or employee is” for “county or district officer or employee thereof shall be.” The 2021 amendment rewrote (d). CASE NOTES Eligibility for Retirement System. Substantial evidence supported the ﬁnding of the Board of Trustees of the Arkansas Public Employees’ Retirement System that former employees of nursing homes owned by counties were not “county employees” under the relevant statutes and were not eligible for member- ship in the retirement system because their compensation was payable from pa- tient revenues rather than from appropri- ated funds. Bd. of Trs. of the Ark. Pub. Emples. Ret. Sys. v. Garrison, 2019 Ark. App. 245, 576 S.W.3d 485 (2019). Assuming that the nursing-home ad- ministrative boards and their respective counties were synonymous under the deﬁ- nitions of “County employees” and “Em- ployees” in § 24-4-101, the Board of Trust- ees of the Arkansas Public Employees’ Retirement System’s ﬁnding that the for- mer employees of county-owned nursing homes were not paid from appropriated funds as required by the deﬁnition of “Employees” in § 24-4-101 was affirmed as no ordinances in the record speciﬁcally designated county money for their com- pensation. Bd. of Trs. of the Ark. Pub. Emples. Ret. Sys. v. Garrison, 2019 Ark. App. 245, 576 S.W.3d 485 (2019). 14-14-1207. Reimbursement of allowable expenses. (a) REIMBURSEMENT AUTHORIZED. (1) All county and district officials and authorized deputies or em- ployees are entitled to receive reimbursement of expenses incurred in the conduct of official and nondiscretionary duties under an appropria- 128 14-14-1207 LOCAL GOVERNMENT ### Page 138 tion for the operating expenses of an office, function, or service. Reimbursement of expenses incurred in the performance of discretion- ary functions and services may be permitted when authorized by a speciﬁc appropriation of the quorum court. (2) Reimbursement of expenses for discretionary functions and ser- vices may include training expenses for a county official-elect and a district official-elect if authorized by the quorum court. (b) ALLOWANCE FOR MEALS, LODGING, AND OTHER ALLOWABLE EXPENSES. (1) All reimbursements for the purchase of meals, meal tips, lodging, and other allowable expenses are based on the actual expense incurred or on a per diem basis if authorized by the quorum court. (2) Reimbursement for meal tips under subdivision (b)(1) of this section shall not exceed ﬁfteen percent (15%) of the purchase amount of the meal. (3) A per diem reimbursement under subdivision (b)(1) of this section shall be made under an accountable plan as deﬁned by Internal Revenue Service regulations as in existence on January 1, 2009. (c) REIMBURSEMENT OF TRAVEL EXPENSE. (1) PRIVATELY OWNED MOTOR VEHICLES. (A)(i) Any elected county officer, district officer, county officer-elect, district officer-elect, or employee using a privately owned motor vehicle in the conduct of county affairs may be reimbursed at a per-mile rate established by ordinance. (ii) Reimbursement is based only on official miles driven and legitimate automobile parking fees. (iii) When more than one (1) traveler is transported in the same vehicle, only the owner is entitled to mileage reimbursement. (B) A county shall not assume responsibility for any maintenance, operational costs, accidents, and ﬁnes incurred by the owner of the vehicle while on official business for the county. (2) PRIVATELY OWNED AIRPLANES. Reimbursement for travel expense using privately owned airplanes is based upon the most direct route in air miles and at the same rate as established for privately owned motor vehicles. History. Acts 1977, No. 742, § 111; A.S.A. 1947, § 17-4204; Acts 1999, No. 109, § 1; 2009, No. 74, § 1; 2009, No. 732, § 1; 2011, No. 614, § 2; 2015, No. 279, § 2. Amendments. The 2009 amendment by No. 74, in (b), added (b)(2), inserted “meal tips” in the remaining text and redesignated it as (b)(1), and made a re- lated change. The 2009 amendment by No. 732 re- wrote (a); inserted (b)(2) and (b)(3), redes- ignated the remaining text as (b)(1), and inserted “or on a per diem basis if ap- proved by the quorum court” in (b)(1); substituted “district” for “township” in (c)(1)(A)(i); and made minor stylistic changes. The 2011 amendment inserted “based upon the most direct route in air miles and” in (2); and deleted (2)(B). The 2015 amendment redesignated (a) as (a)(1) and added (a)(2); in the second sentence of (a)(1), deleted “that are” pre- ceding “incurred” and substituted “autho- rized” for “provided for”; substituted “au- thorized” for “approved” in (b)(1); substituted “county officer, district officer, county officer-elect, district officer-elect, or employee” for “county or district officer or employee thereof” in (c)(1)(A)(i); and made stylistic changes. 129 14-14-1207 COUNTY GOVERNMENT CODE ### Page 139 CASE NOTES District Officials. While the plain language of this section authorized reimbursement for district of- ﬁcials, a constable was not a district offi- cial, but a township officer under consti- tutional and statutory law, and thus, the statute did not authorize the reimburse- ment of expenses for constables, and the circuit court did not err in denying the constable’s claim for expenses. Graves v. Greene County, 2013 Ark. 493, 430 S.W.3d 722 (2013). 14-14-1208. Professional memberships and meetings. (a) The quorum court of each county may provide, through speciﬁc appropriations, for a county to join, pay membership fees and service charges, and cooperate with the organizations and associations of county government of this state and other states for the advancement of good government and the protection of local government interests. (b) Elected county officers, district officers, township officers, county officers-elect, district officers-elect, and township officers-elect of a county government may be allowed per diem and either mileage or actual transportation expenses for attendance at meetings of the appropriate association of local government officials. Reasonable ex- penses or charges against each local government, as a member of the association, may be paid by a county. (c) Employees of a county government may be allowed per diem and either mileage or actual transportation expenses for attendance at meetings of professional organizations or associations, and a county government may pay membership fees and service charges to the organizations. History. Acts 1977, No. 742, § 114; A.S.A. 1947, § 17-4207; Acts 2015, No. 279, § 3. Amendments. The 2015 amendment substituted “Elected county officers, dis- trict officers, township officers, county of- ﬁcers-elect, district officers-elect, and township officers-elect” for “Elected county and township officials” in (b). CHAPTER 16 POWERS OF COUNTIES GENERALLY SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 14-16-106. Sale or disposal of surplus property. 130 14-14-1208 LOCAL GOVERNMENT ### Page 140 14-16-106. Sale or disposal of surplus property. (a) If it is determined by the county judge to be surplus, any personal or real property owned by a county may be sold at public auction or by internet sale to the highest bidder. (b)(1) Notice of the public auction shall be published at least one (1) time a week for two (2) consecutive weeks in a newspaper having general circulation in the county. (2) The notice shall specify the description of the property to be sold and the time and place of the public auction or internet sale. (3)(A) If the property will be sold by internet sale, the notice of sale shall be placed on the website of the internet vendor for no less than eight (8) consecutive days before the date of sale and shall contain a description of the property to be sold and the time of the sale. (B) An additional notice may be posted on a county-owned or county-affiliated website, trade website, or business website for no less than eight (8) consecutive days before the date of sale. (c)(1) If it is determined by the county judge and the county assessor that any personal property owned by a county is junk, scrap, discarded, or otherwise of no value to the county, then the property may be disposed of in any manner deemed appropriate by the county judge. (2) However, the county judge shall report monthly to the quorum court any property that has been disposed of under subdivision (c)(1) of this section. (d) The county ﬁxed asset listing shall be amended to reﬂect all sales or disposal of county property made by the county under this section. (e) If the sale is conducted on the internet, the invoice from the internet vendor or publisher shall be accompanied by a statement from the internet vendor or publisher that the sale was published and conducted on the internet. (f)(1) When the sale is complete, the county court shall enter an order approving the sale. (2) The order shall set forth: (A) The description of the property sold; (B) The name of the purchaser; (C) The terms of the sale; (D) That the proceeds of the sale have been deposited with the county treasurer; and (E) The funds to which the proceeds were credited by the county treasurer. History. Acts 1980 (1st Ex. Sess.), No. 41, § 1; 1980 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, § 17-322; Acts 1997, No. 364, § 1; 2005, No. 725, § 1; 2011, No. 614, § 4; 2011, No. 1014, § 2; 2019, No. 880, § 1. Amendments. The 2011 amendment by No. 614 inserted “or by Internet sale” in (a), (b)(1) and (2); and added (d). The 2011 amendment by No. 1014 added (b)(3), (e), and (f). The 2019 amendment deleted “or Inter- net sale” following “public auction” in (b)(1). 131 14-16-106 POWERS OF COUNTIES GENERALLY ### Page 141 CASE NOTES Compliance. County judge complied with the proce- dures set forth in subsection (c) of this section when he sold a gravel crusher belonging to the county after he conferred with the county assessor and they agreed it was junk that should be sold for scrap. The general assembly did not intend for the provisions of § 14-16-105 for sales of county property generally to apply to sales or disposal of surplus property under this section. Searcy County Counsel for Ethi- cal Gov’t v. Hinchey, 2013 Ark. 84 (2013). Cited: Searcy County Counsel for Ethi- cal Gov’t v. Hinchey, 2011 Ark. 533 (2011). CHAPTER 19 COUNTY BUILDINGS SECTION. 14-19-103. Plans — Contracts. 14-19-103. Plans — Contracts. (a) When the ground for erecting any public building shall be designated as indicated in § 14-19-102 [repealed], the commissioner of public buildings shall prepare and submit to the county court a plan of the building to be erected, the dimensions thereof, and the materials of which it is to be composed, with an estimate of the probable cost thereof. (b)(1) When the plan shall be approved by the court, the commis- sioner shall advertise for receiving proposals for erecting the building and shall contract with the person who will agree to do the work on the lowest and best terms, not exceeding the amount so appropriated by the court. (2) The commissioner may let parts of the work to different persons. History. Rev. Stat., ch. 36, §§ 11, 12, 14; C. & M. Dig., §§ 1936, 1937, 1939; Pope’s Dig., §§ 2458, 2459, 2461; A.S.A. 1947, §§ 17-908, 17-909, 17-911. Cross References. Legal notices and advertisements, § 16-3-101 et seq. Contracts for public buildings, Ark. Const., Art. 19, § 16. CASE NOTES Architects. Where a county undertakes the erection of a county courthouse, it is proper for the county court to employ an architect, in addition to the commissioner of public buildings, and to pay him a reasonable compensation. Mississippi County v. Grider, 126 Ark. 219, 190 S.W. 102 (1916). CHAPTER 22 COUNTY PURCHASING PROCEDURES SECTION. 14-22-101. Deﬁnitions. SECTION. 14-22-104. Purchases permitted. 132 14-19-103 LOCAL GOVERNMENT ### Page 142 SECTION. 14-22-106. Purchases exempted from so- liciting bids. SECTION. 14-22-108. Bidding procedure. 14-22-101. Deﬁnitions. As used in this chapter, unless the context otherwise requires: (1) “Commodities” means all supplies, goods, material, equipment, machinery, facilities, personal property, and services other than per- sonal services, purchased for or on behalf of the county; (2) “Formal bidding” means the procedure to be followed in the solicitation and receipt of sealed bids, wherein: (A) Notice shall be given of the date, time, and place of opening of bids, and the names or a brief description and the speciﬁcations of the commodities for which bids are to be received, by one (1) insertion in a newspaper with a general circulation in the county, not less than ten (10) days nor more than thirty (30) days prior to the date ﬁxed for opening such bids; (B) Not less than ten (10) days in advance of the date ﬁxed for opening the bids, notices and bid forms shall be furnished to all eligible bidders on the bid list for the class of commodities on which bids are to be received, and to all others requesting them; and (C) At least ten (10) days in advance of the date ﬁxed for opening bids, a copy of the notice of invitation to bid shall be posted in a conspicuous place in the county courthouse; (3) “Open market purchases” means those purchases of commodities by any purchasing official in which competitive bidding is not required; (4) “Purchase” means not only the outright purchase of a commodity, but also the acquisition of commodities under rental-purchase agree- ments or lease-purchase agreements or any other types of agreements whereby the county has an option to buy the commodity and to apply the rental payments on the purchase price thereof; (5) “Purchase price” means the full sale or bid price of any commod- ity, without any allowance for trade-in; (6) “Purchasing official” means any county official, individual, board, or commission, or his or her or its lawfully designated agent, with constitutional authority to contract or make purchases on behalf of the county; (7) “Trade-in purchases” means all purchases where offers must be included with the bids of each bidder for trade-in allowance for used commodities; and (8)(A) “Used or secondhand motor vehicles, equipment, or machin- ery” means motor vehicles, equipment, or machinery at least one (1) year in age from the date of original manufacture or that has at least two hundred ﬁfty (250) working hours’ prior use or ﬁve thousand (5,000) miles’ prior use. (B)(i) A purchase of a used motor vehicle, equipment, or machinery shall be accompanied by a statement in writing from the vendor on the bill of sale or other document that the motor vehicle, equipment, 133 14-22-101 COUNTY PURCHASING PROCEDURES ### Page 143 or machinery is at least one (1) year in age from the date of original manufacture or has been used a minimum of two hundred ﬁfty (250) hours or driven a minimum of ﬁve thousand (5,000) miles. (ii) This statement shall be ﬁled with the county clerk at the time of purchase. History. Acts 1965 (1st Ex. Sess.), No. 52, § 2; 1975, No. 439, § 2; 1975, No. 617, § 2; 1985, No. 844, § 1; A.S.A. 1947, § 17- 1602; Acts 2001, No. 219, § 1; 2009, No. 410, § 8; 2009, No. 756, § 21; 2015, No. 561, § 1. Amendments. The 2009 amendment by No. 410 inserted “on the bill of sale or otherwise documenting” in (8)(B)(i). The 2009 amendment by No. 756 in- serted “on the bill of sale or other docu- ment” in (8)(B)(i). The 2015 amendment, in (8)(A) and (B), substituted “one (1) year” for “two (2) years,” substituted two hundred ﬁfty (250)” for “ﬁve hundred (500),” and substi- tuted “ﬁve thousand (5,000)” for “ten thou- sand (10,000).” CASE NOTES Formal Bidding. Purchase of voting machines without complying with subdivision (5) was in- valid even though it was known that there were only two eligible bidders, who were notiﬁed and invited to submit bids and did submit bids. Davis v. Jerry, 245 Ark. 500, 432 S.W.2d 831 (1968). 14-22-104. Purchases permitted. (a) A purchase of a commodity made by a county purchasing official with county funds, except those speciﬁcally exempted by this chapter, shall be made as follows: (1) Formal bidding is required in each instance in which the esti- mated purchase price equals or exceeds thirty-ﬁve thousand dollars ($35,000); (2) An open market purchase may be made of a commodity if the purchase price is less than thirty-ﬁve thousand dollars ($35,000); and (3) A purchasing official shall not parcel or split any items of commodities or estimates with the intent to change the classiﬁcation or to enable the purchase to be made under a less restrictive procedure. (b)(1) Beginning January 1, 2025, and on each January 1 at subse- quent ﬁve-year intervals, the amount under subsection (a) of this section shall be adjusted to reﬂect the percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the ﬁve (5) years immediately preceding the percentage increase, and rounded to the nearest whole number. (2) Following a percentage increase under subdivision (b)(1) of this section, the Department of Finance and Administration shall provide each county and Arkansas Legislative Audit with the percentage increase and the corresponding updated amounts under this section. History. Acts 1965 (1st Ex. Sess.), No. 52, § 3; 1975, No. 439, § 3; 1975, No. 617, § 3; 1985, No. 745, § 2; A.S.A. 1947, § 17- 1603; Acts 1995, No. 431, § 2; 2003, No. 209, § 2; 2007, No. 249, § 2; 2021, No. 435, § 2. Amendments. The 2003 amendment substituted “ﬁfteen thousand dollars 134 14-22-104 LOCAL GOVERNMENT ### Page 144 ($15,000)” for “ten thousand dollars ($10,000)” in (1) and (2). The 2021 amendment added (b) and rewrote (a). CASE NOTES ANALYSIS Purpose. Formal Bidding. Parcel or Split. Purchases. Purpose. Purpose of this section is to regulate purchasing procedures. Mackey v. State, 257 Ark. 497, 519 S.W.2d 760 (1975). Formal Bidding. The purchase of sixty voting machines at a cost far in excess of the statutory amount required formal bidding under subdivision (1). Davis v. Jerry, 245 Ark. 500, 432 S.W.2d 831 (1968). Parcel or Split. Mere suspicion was not enough to prove that defendant intentionally violated the prohibition against splitting purchases to avoid the necessity of soliciting competi- tive bids where the evidence showed only that materials of the same kind were purchased on successive days for amounts under the statutory requirements. Mackey v. State, 257 Ark. 497, 519 S.W.2d 760 (1975). Purchases. Approval by county judge of purchases already made by others does not amount to purchases by the judge, and therefore a judge does not violate the purchasing re- strictions, where no conspiracy between the judge and those making the purchases is proved. Mackey v. State, 257 Ark. 497, 519 S.W.2d 760 (1975). Cited: Dean Leasing, Inc. v. Van Buren County, 27 Ark. App. 134, 767 S.W.2d 316 (1989). 14-22-106. Purchases exempted from soliciting bids. The following listed commodities may be purchased without soliciting bids: (1) Perishable foodstuffs for immediate use; (2) Unprocessed feed for livestock and poultry; (3) Advanced emergency medical services provided by a nonproﬁt corporation and proprietary medicines when speciﬁcally requested by a professional employee; (4) Books, manuals, periodicals, ﬁlms, and copyrighted educational aids for use in libraries and other informational material for institu- tional purposes; (5) Scientiﬁc equipment and parts therefor; (6) Replacement parts and labor for repairs of machinery and equip- ment; (7) Commodities available only from the United States Government; (8)(A) Any commodities needed in instances in which an unforeseen and unavoidable emergency has arisen in which human life, health, or public property is in jeopardy. (B) An emergency purchase under subdivision (8)(A) of this section shall not be approved unless a statement in writing is attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding; (9) Utility services, the rates for which are subject to regulation by a state agency or a federal regulatory agency; (10) Sand, gravel, soil, lumber, used pipe, or used steel; 135 14-22-106 COUNTY PURCHASING PROCEDURES ### Page 145 (11) Used or secondhand motor vehicles, machinery, or equipment, except a used or secondhand motor vehicle that has been under lease to a county when the vehicle has fewer than ﬁve thousand (5,000) miles of use shall not be purchased by the county when it has been used ﬁve thousand (5,000) miles or more except upon competitive bids as provided in this chapter; (12) Machinery, equipment, facilities, or other personal property purchased or acquired for or in connection with the securing and developing of industry under the Municipalities and Counties Indus- trial Development Revenue Bond Law, § 14-164-201 et seq., or any other provision of law pertaining to the securing and developing of industry; (13) Registered livestock to be used for breeding purposes; (14) Motor fuels, oil, asphalt, asphalt oil, and natural gas; (15) Motor vehicles, equipment, machinery, material, or supplies offered for sale at public auction or through a process requiring sealed bids; (16) All goods and services that are regularly provided to state agencies and county government by the Division of Correction’s various penal industries; (17)(A) New motor vehicles purchased from a licensed automobile dealership located in Arkansas for an amount not to exceed the ﬂeet price awarded by the Office of State Procurement and in effect at the time the county submits the purchase order for the same make and model motor vehicle, which may include additional options that were available for bid and purchased under state contract at the state bid option price. (B) The purchase amount for a new motor vehicle may include additional after-market equipment that was not available under the state contract up to two thousand dollars ($2,000) over the ﬂeet price awarded; (18) Renewal or an extension of the term of an existing contract; (19) Purchase of insurance for county employees, including without limitation health insurance, workers’ compensation insurance, life insurance, risk management services, or dental insurance; (20) Purchases made through programs of the National Association of Counties or the Association of Arkansas Counties; (21) Goods or services if the quorum court has approved by resolution the purchase of goods or services through competitive bidding or procurement procedures used by: (A) The United States Government or one (1) of its agencies; (B) Another state; or (C) An association of governments or governmental agencies in- cluding associations of governments or governmental agencies below the state level; and (22)(A) Goods or services available only from a single source. (B) A purchase under this subdivision (22) shall be supported with: (i) Documentation concerning the exclusivity of the single source; and 136 14-22-106 LOCAL GOVERNMENT ### Page 146 (ii) A county court order ﬁled with the county clerk that sets forth the basis for the single source procurement. History. Acts 1965 (1st Ex. Sess.), No. 52, § 6; 1975, No. 439, §§ 5, 6; 1975, No. 617, §§ 5, 6; 1981, No. 306, § 1; 1985, No. 844, §§ 2, 3; A.S.A. 1947, § 17-1606; Acts 1989, No. 879, § 1; 1991, No. 786, § 12; 1993, No. 237, § 1; 2001, No. 219, § 2; 2007, No. 13, § 1; 2009, No. 410, §§ 9, 10; 2009, No. 756, § 22; 2011, No. 1044, § 1; 2013, No. 465, § 1; 2015, No. 561, § 2; 2019, No. 910, § 846; 2021, No. 435, § 3; 2025, No. 107, § 1. A.C.R.C. Notes. Ark. Const., Amend. 62, § 11, provides that all provisions of the Arkansas Constitution, or amend- ments thereto, in conﬂict with Ark. Const., Amend. 62, including Ark. Const., Amends. 17 and 49, are repealed. Acts 1991, No. 786, § 37, provided: “The enactment and adoption of this Act shall not repeal, expressly or impliedly, the acts passed at the regular session of the 78th General Assembly. All such acts shall have full effect and, so far as those acts inten- tionally vary from or conﬂict with any provision contained in this Act, those acts shall have the effect of subsequent acts and as amending or repealing the appro- priate parts of the Arkansas Code of 1987.” Amendments. The 2009 amendment by No. 410 inserted “oil, asphalt, asphalt oil, and natural gas” in (14) and made a related change; and added (17) through (20). The 2009 amendment by No. 756 subdi- vided (8) and inserted “under subdivision (8)(A) of this section” in (8)(B); deleted “or pursuant to the provisions of Arkansas Constitution, Amendment 49 [repealed]” following “under” in (12); inserted “oil, asphalt, asphalt oil, and natural gas” in (14); added (17) and (18); and made re- lated and minor stylistic changes. The 2011 amendment added (21). The 2013 amendment added (22). The 2015 amendment, in (11), deleted “that” following “except” and substituted “ﬁve thousand (5,000)” for “ten thousand (10,000)” twice. The 2019 amendment substituted “Di- vision of Correction’s” for “Department of Correction’s” in (16). The 2021 amendment added “which may include additional options that were available for bid and purchased under state contract at the state bid option price” in (17)(A); and substituted “addi- tional after-market equipment that was not available under the state contract up to one thousand two hundred dollars ($1,200)” for “additional options up to six hundred dollars ($600)” in (17)(B). The 2025 amendment substituted “two thousand dollars ($2,000)” for “one thou- sand two hundred dollars ($1,200)” in (17)(B). CASE NOTES ANALYSIS Attached Statement. Nonexempt Purchases. Attached Statement. The purpose of the statement require- ment in subdivision (8) is likely to assure that the exemption only applies to equip- ment that is truly used equipment. Rob- inson v. Clark Contracting Co., 992 F.2d 154 (8th Cir. 1993). Where a party did not timely ﬁle a subdivision (8) statement, the party’s sub- stantial compliance as to the time of ﬁling allowed the exemption in subdivision (11) to be applicable. Robinson v. Clark Con- tracting Co., 992 F.2d 154 (8th Cir. 1993). Nonexempt Purchases. The purchase of voting machines is not within the exceptions enumerated in this section. Davis v. Jerry, 245 Ark. 500, 432 S.W.2d 831 (1968). 14-22-108. Bidding procedure. (a) All bids which require either formal or informal bidding shall be opened in public and read at the time and place speciﬁed in the notice. 137 14-22-108 COUNTY PURCHASING PROCEDURES ### Page 147 (b) The awarding of contracts need not be upon the day of the opening of the bids but may be at a later date to be determined by the purchasing official. (c) In order to assure that the bidder will accept and perform a contract under the terms of his or her bid, the purchasing official may require bids to be accompanied by certiﬁed check or surety bond furnished by a surety company authorized to do business in this state in such a reasonable amount as the purchasing official shall determine. History. Acts 1965 (1st Ex. Sess.), No. 52, § 8; A.S.A. 1947, § 17-1608. SUBTITLE 3. MUNICIPAL GOVERNMENT CHAPTER 37 CLASSIFICATION OF CITIES AND TOWNS SECTION. 14-37-101. Applicability. 14-37-102. Division into classes. 14-37-103. Population limits. 14-37-104. Cities of the ﬁrst class. 14-37-105. Cities of the second class. 14-37-106. Board of Municipal Corpora- tions. 14-37-107. Advancement of cities and towns according to census. 14-37-108. Application for advancement between census periods. 14-37-109. Appointment of enumerators to take census. SECTION. 14-37-110. Return of enumerators. 14-37-111. Reduction of city to lower grade — In general. 14-37-112. Incorporated town may be- come city of the second class. 14-37-113. Effect of population changes on legislation. 14-37-114. Reduction of city of the ﬁrst class to city of the second class. Effective Dates. Acts 1875, No. 1, § 95: effective on passage. Acts 1893, No. 145, § 6: effective on passage. Acts 1903, No. 46, § 4: effective on pas- sage. Acts 1909, No. 306, § 2: effective on passage. Acts 1931, No. 61, § 3: effective on pas- sage. Acts 1931, No. 119, § 2: approved Mar. 9, 1931. Emergency clause provided: “By reason of the fact that many towns in the State with more than seventeen hundred and ﬁfty inhabitants wish to undertake public improvements that are not practi- cable under improvement district laws, an emergency is declared to exist, and that for the immediate preservation of the pub- lic peace, health and safety it is necessary that this act shall take effect and be in force immediately upon its passage, and thereupon the same shall be in force im- mediately upon passage.” Acts 1939, No. 92, § 3: approved Feb. 15, 1939. Emergency clause provided: “Whereas, there are cities and towns as described herein which are losing rev- enue, and because there are people living outside of said cities and towns which are deprived of the privilege of police protec- tion, and this act will provide additional revenue for said cities and will provide said people with adequate police protec- 138 14-22-108 LOCAL GOVERNMENT ### Page 148 tion, this act is found necessary for the public peace, health and safety, and an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage.” Acts 1939, No. 211, § 2: approved Mar. 9, 1939. Emergency clause provided: “It is ascertained and hereby declared that by reason of the depression continuing there are several incorporated towns in the State of Arkansas, that are now handi- capped by not being able to become cities of the second class so that this act is necessary for the preservation of the pub- lic peace, health and safety. Therefore an emergency is declared to exist and this act shall be in full force and effect from and after its passage.” Acts 1943, No. 160, § 2: Mar. 4, 1943. Acts 1945, No. 247, § 6: Mar. 20, 1945. Emergency clause provided: “It is ascer- tained and declared by the General As- sembly of the State of Arkansas, that it would be advantageous to many cities not having four thousand or more inhabitants to become cities of the ﬁrst class, since the Statutes of Arkansas give the cities of the ﬁrst class greater rights than the cities of the second class; an emergency is hereby declared to exist and this act being neces- sary for the immediate preservation of the public peace, health and safety, shall take effect and be in full force from and after the date of its passage and approval.” Acts 1947, No. 227, § 3: approved Mar. 18, 1947. Emergency clause provided: “It is ascertained and declared that there are a large number of towns in the State of Arkansas which have raised their classi- ﬁcations under the provisions of Act No. 334 of the Acts of the General Assembly of 1937, and under the provisions of Act No. 334 of the General Assembly of 1937 as amended by Act 211 of the Acts of the General Assembly of 1939 and their op- erations and advantages as cities of the second class are being delayed by reason of the present law so that this Act is necessary for the preservation of the pub- lic peace, health and safety. Therefore an emergency is declared to exist and this Act shall be in full force and effect from and after its passage.” Acts 1967, No. 498, § 3: Apr. 4, 1967. Emergency clause provided: “It is hereby found and determined by the General As- sembly that various laws of this State have been enacted applicable to cities of this State within deﬁned population clas- siﬁcations, but that subsequent thereto many of the cities to which said laws are applicable have either increased or de- creased their population to an extent that such laws are no longer applicable to such cities, and that the immediate passage of this Act is necessary in order that the laws formerly applicable to said cities may con- tinue to be applicable thereto. Therefore, an emergency is hereby declared to exist and this Act being necessary for the im- mediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and ap- proval.” Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General As- sembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may beneﬁt from improved election procedures. There- fore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither ap- proved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.” RESEARCH REFERENCES Am. Jur. 56 Am. Jur. 2d, Mun. Corp., §§ 1 et seq., 105 et seq. Ark. L. Rev. Municipal Improvement Bonds in Arkansas, 8 Ark. L. Rev. 146. U. Ark. Little Rock L.J. Goldner, A Call for Reform of Arkansas Municipal Law, 15 U. Ark. Little Rock L.J. 175. 139 14-22-108 CLASSIFICATION OF CITIES AND TOWNS ### Page 149 14-37-101. Applicability. All corporations which existed when the Arkansas Constitution of 1874 took effect for the purpose of municipal government, and described or denominated in any law then in force, are organized into cities of the ﬁrst and second class, as the case may be, and incorporated towns with the territorial limits respectively prescribed or belonging. History. Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7456; Pope’s Dig., § 9489; A.S.A. 1947, § 19-203. Publisher’s Notes. The Arkansas Con- stitution of 1874 was ratiﬁed by the people October 13, 1874, and its adoption was proclaimed October 30, 1874. CASE NOTES Boundaries. When a municipal corporation has deﬁ- nite boundaries that are in dispute, it is for the courts, and not the General Assem- bly, to determine their location. State v. Leatherman, 38 Ark. 81 (1881). 14-37-102. Division into classes. In respect to the exercise of certain corporate powers and to the number, character, powers, and duties of certain officers, municipal corporations are divided into the following classes: (1) Cities of the ﬁrst class; (2) Cities of the second class; and (3) Incorporated towns. History. Acts 1875, No. 1, § 1, p. 1; C. & M. Dig., § 7448; Pope’s Dig., § 9480; A.S.A. 1947, § 19-201. 14-37-103. Population limits. (a)(1) All municipal corporations having over two thousand ﬁve hundred (2,500) inhabitants shall be deemed cities of the ﬁrst class. (2) All cities having ﬁve hundred (500) inhabitants or more and fewer than two thousand ﬁve hundred (2,500) inhabitants shall be deemed cities of the second class. (3) All others shall be incorporated towns and shall be governed by the provisions of this subtitle. (b)(1) Any incorporated towns of fewer than ﬁve hundred (500) inhabitants who have voted to be a city of the second class under § 14-37-112 shall continue to be a city of the second class. (2) Any city having a population of one thousand ﬁve hundred (1,500) or more may become a city of the ﬁrst class upon the enactment of an ordinance therefor, with all powers, authority, and responsibility of other cities of the ﬁrst class. History. Acts 1875, No. 1, § 5, p. 1; C. & M. Dig., § 7457; Pope’s Dig., § 9490; Acts 1945, No. 247, § 4; 1965, No. 108, § 1; 1971, No. 269, § 1; A.S.A. 1947, § 19- 202. Publisher’s Notes. Acts 1945, No. 247, 140 14-37-101 LOCAL GOVERNMENT ### Page 150 § 5, provided that this act shall be cumu- lative to §§ 14-37-105(b) and 14-37-112 and shall not affect the provisions of these sections. 14-37-104. Cities of the ﬁrst class. (a) All cities, which at the last federal census had, or now have, a population exceeding two thousand ﬁve hundred (2,500) inhabitants shall be deemed cities of the ﬁrst class. (b) All cities which, at any future federal census, or any census which may be taken in pursuance of the laws of this state, shall be found to have a population of two thousand ﬁve hundred (2,500) inhabitants shall thereafter be deemed cities of the ﬁrst class. History. Acts 1875, No. 1, § 2, p. 1; C. & M. Dig., §§ 7449, 7450; Pope’s Dig., §§ 9481, 9482; Acts 1945, No. 247, §§ 1, 2; A.S.A. 1947, §§ 19-204, 19-205. CASE NOTES Paris. The municipality of Paris, Arkansas, is a city of the ﬁrst class as the 1990 census reports a population of approximately three thousand six hundred (3,600) inhab- itants. Pearson v. City of Paris, 839 F. Supp. 645 (W.D. Ark. 1993). Cited: City of Cabot v. Thompson, 286 Ark. 395, 692 S.W.2d 235 (1985). 14-37-105. Cities of the second class. (a) Any incorporated town of the State of Arkansas which, at any future federal census, or any census taken under the authority of the State of Arkansas, shall be found to have a population exceeding ﬁve hundred (500) persons who shall be inhabitants of the town and less than two thousand ﬁve hundred (2,500) inhabitants shall be deemed in all respects to be a city of the second class. However, this section shall not apply to cities that are now classiﬁed as cities of the ﬁrst class. (b)(1) In all counties having two (2) levying courts, in which there is a county seat town of less than ﬁve hundred (500) population, according to the last federal census, the county seat towns are made cities of the second class, with all the powers and privileges conferred upon cities of the second class by law. (2) Any of the towns described in subdivision (b)(1) of this section, through the governing body thereof, shall have the power, by ordinance, to annex to the city or town all heretofore platted additions thereto, so as to make them a part of the city and included within its boundaries and subject to all the rights, duties, and privileges of the original territory of the city. History. Acts 1875, No. 1, § 2, p. 1; 1909, No. 306, § 1, p. 915; C. & M. Dig., § 7451; Acts 1931, No. 119, § 1; Pope’s Dig., § 9483; Acts 1939, No. 92, §§ 1, 2; 1945, No. 247, § 3; A.S.A. 1947, §§ 19- 206, 19-207. 141 14-37-105 CLASSIFICATION OF CITIES AND TOWNS ### Page 151 14-37-106. Board of Municipal Corporations. The Board of Municipal Corporations shall consist of the Auditor of State, Secretary of State, and Attorney General. The Secretary of State shall be president. History. Acts 1893, No. 145, § 2, p. 251; C. & M. Dig., § 7454; Pope’s Dig., § 9487; A.S.A. 1947, § 19-208. CASE NOTES Facilities Boards. Facilities boards are not the type of company, association or corporation con- templated by this section; rather, facilities boards are agencies created by the coun- ties to carry out various county activities. McCutchen v. Huckabee, 328 Ark. 202, 943 S.W.2d 225 (1997). 14-37-107. Advancement of cities and towns according to cen- sus. (a)(1) It shall be the duty of the Governor, the Auditor of State, and the Secretary of State, or any two (2) of them, to ascertain from the federal census and census provided for by law of this state, what cities of the second class are entitled to become cities of the ﬁrst class and what incorporated towns are entitled to become cities and their proper class. (2) The Governor shall cause a statement stating the grade to which the city has been advanced to be prepared and transmitted to the mayor of the city or town. (b) As soon as the statement has been received by the mayor, as provided in subsection (a) of this section, showing that any city or town will be entitled to be organized into a city of the ﬁrst class or city of the second class at the next regular annual period for the election of municipal officers, it shall be the duty of the proper corporate authority of the city or incorporated town to make and publish bylaws or ordinances necessary to perfect the organization in respect to the election, duties, and compensation of municipal officers, or otherwise. (c) When a city of the second class becomes a city of the ﬁrst class, the recorder of the affected city of the second class automatically becomes the city clerk of the city when the change in classiﬁcation occurs. History. Acts 1875, No. 1, §§ 3, 4, p. 1; C. & M. Dig., §§ 7452, 7455; Pope’s Dig., §§ 9485, 9488; Acts 1943, No. 160, § 1; A.S.A. 1947, §§ 19-209, 19-210; Acts 2005, No. 44, § 1. CASE NOTES Void Orders. An order made by the state board of municipal corporations raising an incor- porated town to a city of the second class was void where census list required by statute had not been ﬁled in mayor’s office 30 days prior to the date the order was made. Bush v. Echols, 178 Ark. 507, 10 S.W.2d 906 (1928). Where 1910 federal census showed a 142 14-37-106 LOCAL GOVERNMENT ### Page 152 population of 2,331 and 1920 federal cen- sus showed a population of 2,836, it was proper to ﬁnd that the special census taken in 1879 was fraudulent (there being testimony that some persons included in the count did not live within the city), that the order making it a second-class city was void ab initio, and that the town did not become a city until after 1910. City of Searcy v. Roberson, 256 Ark. 1081, 511 S.W.2d 627 (1974). Cited: Clark v. Mahan, 268 Ark. 37, 594 S.W.2d 7 (1980). 14-37-108. Application for advancement between census peri- ods. (a) The Auditor of State, Secretary of State, and Attorney General may declare incorporated towns cities of the second class, and cities of the second class cities of the ﬁrst class, between the periods ﬁxed in § 14-37-107(a), upon application from any incorporated town or city of the second class, accompanied by a resolution adopted by the town or city council, asking to be so declared a city of the ﬁrst or second class, as the case may be. (b) The application shall be accompanied with satisfactory evidence showing the population of the town or city to be large enough to entitle it to such advancement. History. Acts 1875, No. 1, § 3, p. 1; C. & M. Dig., § 7453; Pope’s Dig., § 9486; A.S.A. 1947, § 19-211. Publisher’s Notes. As to validation of acts, proceedings, enumerations, resolu- tions, and ordinances passed by incorpo- rated towns declared to be cities of the second class, notwithstanding any irregu- larities, defects, errors, or informalities in such proceedings, see Acts 1909, No. 167, § 1. As to ratiﬁcation of the actions of de facto officers of cities that been advanced under special acts that had been held unconstitutional, see Acts 1915, No. 212, § 1. CASE NOTES Validating Acts. Acts 1909, No. 167 was not intended to cure an ordinance ﬁxing a date for the election of city officers different from the date ﬁxed by statute for such an election. McMahan v. State, 102 Ark. 12, 143 S.W. 94 (1912). The actions of municipal officers in cre- ating a local improvement district and levying assessments, performed subse- quent to the passage of Acts 1915, No. 212, and before an election was held to elect new officers, were valid as were the for- mation of the district and the assess- ments. Cotten v. Hughes, 125 Ark. 126, 187 S.W. 905 (1916). 14-37-109. Appointment of enumerators to take census. (a)(1) If a city or incorporated town desires to be made a city of the ﬁrst class or a city of the second class, or if it is deemed necessary to determine the number of inhabitants within the city or incorporated town for any purpose, on petition of ten (10) qualiﬁed voters of the city or incorporated town ﬁled with the recorder of the city or incorporated town, the city or town council shall consider the petition at its next regular meeting. (2) If the city or town council deems the prayer of petitioners well founded and deems that a census of the city or incorporated town 143 14-37-109 CLASSIFICATION OF CITIES AND TOWNS ### Page 153 should be taken in accordance with the prayer of the petitioners, the city or town council may pass a resolution authorizing and directing the taking of a census of the city or incorporated town, and the mayor shall appoint enumerators to take the census, the appointees to be approved by the city or town council. (b)(1) The resolution authorizing the taking of census shall prescribe the duties of the enumerators as to when and how to proceed. (2)(A) Not more than one (1) enumerator shall be appointed for each ward. (B) However, one (1) enumerator may take more than one (1) ward if the city or town council deems it proper. History. Acts 1903, No. 46, § 1, p. 78; C. & M. Dig., § 7662; Pope’s Dig., § 9784; A.S.A. 1947, § 19-212; Acts 2017, No. 879, § 3. Amendments. The 2017 amendment rewrote the section. 14-37-110. Return of enumerators. (a)(1) Before the enumerators shall enter upon their duties, they shall make and subscribe to an oath to well and faithfully perform their duties, and their return shall be taken as true. (2)(A) However, the returns so made by the census enumerators shall be ﬁled in the office of the mayor and shall be subject to examination of the public for thirty (30) days. (B) Any correction of the returns may be made if proper proof is made before the city or town council to its satisfaction authorizing the correction sought to be made. (b) The enumerators shall be entitled to and receive two and one-half cents (2½¢) per name for all names found to be authentic by the city or town council, to be paid by the city or incorporated town. History. Acts 1903, No. 46, §§ 2, 3, p. 78; C. & M. Dig., § 7663; Pope’s Dig., § 9785; A.S.A. 1947, §§ 19-213, 19-214; Acts 2017, No. 878, § 1. Amendments. The 2017 amendment, in (a)(2)(B), substituted “of the returns” for “thereof”, and substituted “city or town council to its” for “board of aldermen to their”; and, in (b), substituted “city or town council” for “board of aldermen”, and substituted “city or incorporated town” for “town or city”. 14-37-111. Reduction of city to lower grade — In general. (a) Whenever the last federal census shows that any city of the ﬁrst class has fewer than two thousand ﬁve hundred (2,500) inhabitants and that any city of the second class has fewer than ﬁve hundred (500) inhabitants, the city may be reduced to a city of the second class or to an incorporated town, respectively, upon the adoption of a resolution by the council of the municipal corporations requesting that the grade of the corporations be reduced. (b)(1) The Board of Municipal Corporations, upon the receipt of a certiﬁed copy of the resolution, shall make an order reducing the grade of the municipal corporation. 144 14-37-110 LOCAL GOVERNMENT ### Page 154 (2) Upon being advised of the action of the board, the Governor shall cause a statement to be prepared and transmitted to the mayor of the city or town stating the grade to which it has been reduced. (c) When the grade of a city has been reduced to city of the second class or to incorporated town, all officers of that city or town shall continue in office until the next general election for the city or town. History. Acts 1931, No. 61, §§ 1, 2; Pope’s Dig., §§ 9547, 9548; A.S.A. 1947, §§ 19-216, 19-217; Acts 2017, No. 260, § 4. A.C.R.C. Notes. Ark. Const. Amend. 80, § 19(B)(2) provided: “District Courts shall have the jurisdiction vested in Mu- nicipal Courts, Corporation Courts, Police Courts, Justice of the Peace Courts, and Courts of Common Pleas at the time this Amendment takes effect. District Courts shall assume the jurisdiction of these courts of limited jurisdiction and other jurisdiction conferred in this Amendment on January 1, 2005. City Courts shall continue in existence after the effective date of this Amendment unless such City Court is abolished by the governing body of the city or by appropriate action of the General Assembly. Immediately upon abo- lition of such City Court, the jurisdiction of the City Court shall vest in the nearest District Court in the county where the city is located.” Amendments. The 2017 amendment, in (c), deleted the former ﬁrst sentence and substituted “When the grade of a city has been reduced to city of the second class or to incorporated town, all officers of that city or town” for “All other officers of a city whose grade may be reduced”. 14-37-112. Incorporated town may become city of the second class. (a)(1) Any incorporated town in this state may become a city of the second class by the adoption and publication of an ordinance, duly adopted and published as provided by law, converting the incorporated town into a city of the second class. However, after the adoption and publication of the ordinance, the qualiﬁed voters of the town shall vote in any general election or a special election called by the mayor to be held in accordance with § 7-11-201 et seq., in favor of the ordinance. (2) If a majority of the qualiﬁed electors voting in the election vote in favor of the ordinance, a certiﬁed copy of the ordinance shall be ﬁled with the Secretary of State. Thereupon the incorporated town shall become a city of the second class. (b)(1) The officers of the incorporated town, upon ﬁling with the Secretary of State the certiﬁed copy of the ordinance, shall immediately become officers of the city of the second class with full authority to proceed, do, and perform any and all things for, and on behalf of, the city of the second class as if elected as officers of the city of the second class. They shall serve as officers for the full period of time for which they were elected or until their successors are elected and qualiﬁed. (2)(A) At the regular time for holding election of officers of incorpo- rated towns, there shall be an election for the election of officers of the city of the second class, who shall hold office as officers of the city of the second class until the next regular time ﬁxed by law for electing officers of a city of the second class or until their successors are elected and qualiﬁed. 145 14-37-112 CLASSIFICATION OF CITIES AND TOWNS ### Page 155 (B) However, the mayor of the incorporated town which has been raised to a city of the second class may call a special election by proclamation, to be held in accordance with § 7-11-101 et seq., which shall be published by two (2) insertions in a newspaper of general circulation in the county in which the city is located. This special election shall be held for the purpose of electing officers for the city of the second class. History. Acts 1937, No. 334, § 1; Pope’s Dig., § 9484; Acts 1939, No. 211, § 1; 1947, No. 227, § 1; A.S.A. 1947, § 19-215; Acts 2005, No. 2145, § 19; 2007, No. 1049, § 37; 2009, No. 1480, §§ 53, 54. Publisher’s Notes. As to validation of acts of officers of municipalities that raised their classiﬁcation from incorpo- rated town to cities of the second class under Acts 1937, No. 334, as amended by Acts 1939, No. 211, see Acts 1947, No. 227, § 2. Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7- 5-103(b)” in the last sentence of (a)(1); and substituted “§ 7-11-101 et seq.” for “§ 7- 5-103(b)” in the ﬁrst sentence of (b)(2)(B). CASE NOTES ANALYSIS Constitutionality. Applicability. Certiﬁed Copy of Ordinance. Constitutionality. This section was held not unconstitu- tional as delegating to towns or the inhab- itants thereof the authority to raise the classiﬁcation of towns. Gross v. Homard, 201 Ark. 391, 144 S.W.2d 705 (1940). Applicability. This section applies to all incorporated towns in the state and is a general and not a special law. Gross v. Homard, 201 Ark. 391, 144 S.W.2d 705 (1940). Certiﬁed Copy of Ordinance. When certiﬁed copy of ordinance raising classiﬁcation of municipality from town to city of the second class is ﬁled with secre- tary of state as required, the town imme- diately becomes a city of the second class and the officers thereof immediately be- come officers of a city of the second class. Luther v. Gower, 233 Ark. 496, 345 S.W.2d 608 (1961). Cited: Logan v. Harris, 213 Ark. 37, 210 S.W.2d 301 (1948). 14-37-113. Effect of population changes on legislation. Whenever any law of this state provides that the provisions of it shall apply to any city within a deﬁned population classiﬁcation, it is declared to be the intent of the General Assembly that, in the event any city to which the law was applicable at the time of the enactment of that law shall subsequently achieve a lesser or greater population than the classiﬁcation prescribed by law, the law shall nevertheless thereafter be equally applicable to any such city, irrespective of the fact that the city no longer has a population within the classiﬁcation prescribed by the law. History. Acts 1967, No. 498, § 1; A.S.A. 1947, § 19-218. 146 14-37-113 LOCAL GOVERNMENT ### Page 156 14-37-114. Reduction of city of the ﬁrst class to city of the second class. (a) Whenever the most recent federal decennial census shows that any city of the ﬁrst class has less than seven thousand ﬁve hundred (7,500) inhabitants, the city may be reduced to a city of the second class upon the adoption of an ordinance by the council of the municipal corporation requesting that the grade of the municipal corporation be reduced. (b) The Board of Municipal Corporations, upon the receipt of a certiﬁed copy of the resolution, shall make an order reducing the grade of the municipal corporation, and, upon being advised of the action of the board, the Governor shall cause a statement thereof to be prepared and transmitted to the mayor of the city stating the grade to which the municipal corporation has been reduced. History. Acts 1991, No. 514, § 1; 2025, No. 834, § 1. Amendments. The 2025 amendment, in (a), substituted “most recent federal decennial” for “last federal”, “seven thou- sand ﬁve hundred (7,500)” for “ﬁve thou- sand (5,000)”, and “an ordinance” for “a resolution”. SUBTITLE 8. PUBLIC FACILITIES GENERALLY CHAPTER 141 OPERATION OF MUNICIPAL AUDITORIUMS SECTION. 14-141-110. Expenditures. 14-141-110. Expenditures. (a)(1) The commissioners of a municipal auditorium commission under this chapter shall have, in addition to other powers enumerated in this chapter, the exclusive right and power to make purchases of all supplies, apparatus, and other property and things requisite and necessary for the management and operation of the city auditorium. (2) In all expenditures which may exceed three hundred dollars ($300), it shall be the duty of the commissioners to advertise for bids and let the work or contract to the lowest responsible bidder, when and if it is feasible and possible to obtain competitive bids. (b) The commissioners shall have no power in any case, except upon advertisement and to the lowest bidders, to make any contract with any person associated in business with or related within the sixth degree of consanguinity or affinity under the civil law to any member of the auditorium commission, or to the mayor or any member of the city council. Every contract in which such forbidden person shall have an interest, directly or indirectly, shall be null and void. 147 14-141-110 OPERATION OF MUNICIPAL AUDITORIUMS ### Page 157 (c) In any city which has a population between twenty-ﬁve thousand ﬁve hundred (25,500) and twenty-seven thousand (27,000) according to the most recent federal decennial census, the commission shall be allowed to make purchases of one thousand dollars ($1,000) or less without soliciting competitive bids. History. Acts 1939, No. 355, § 6; 1979, No. 689, § 1; A.S.A. 1947, §§ 19-2606, 19-2606.1. SUBTITLE 10. ECONOMIC DEVELOPMENT AND TOURISM GENERALLY CHAPTER 168 COMMUNITY REDEVELOPMENT GENERALLY SUBCHAPTER 3 — COMMUNITY REDEVELOPMENT — CREATION AND PROCEDURES SECTION. 14-168-301. Deﬁnitions. 14-168-324. Exemption — Library mill- age. 14-168-301. Deﬁnitions. As used in this subchapter: (1) “Applicable ad valorem rate” means the total ad valorem rate less the debt service ad valorem rate; (2) “Base value” means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment preceding the effective date of the ordinance approv- ing the project plan of the redevelopment district; (3)(A) “Blighted area” means an area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for access, ventilation, light, air, sanitation, or open spaces, high density of population, and overcrowding or the existence of conditions which endanger life or property, are detrimental to the public health, safety, morals, or welfare. (B) “Blighted area” includes any area which, by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessi- bility, or usefulness, unsanitary or unsafe conditions, deterioration of 148 14-168-301 LOCAL GOVERNMENT ### Page 158 site or other improvements, diversity of ownership, tax on special assessment delinquency exceeding the fair value of the land, defec- tive or unusual conditions of title, or the existence of conditions which endanger life or property by ﬁre and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations, or consti- tutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, or any area which is predominantly open and which because of lack of accessibility, obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community; (4) “Capital improvements of a public nature” has the same meaning as in § 14-164-303(2); (5) “Current value” means the assessed value of all real property within a redevelopment district subject to ad valorem taxation, as of the most recent assessment after the formation of the redevelopment district; (6) “Debt service ad valorem rate” means that portion of the total ad valorem rate that, as of the effective date of the creation of the redevelopment district, is pledged to the payment of debt service on bonds issued by any taxing unit in which all or any part of the redevelopment district is located; (7)(A) “Incremental value” for any redevelopment district, means the difference between the base value and the current value. (B) The incremental value will be positive if the current value exceeds the base value, and the incremental value will be negative if the current value is less than the base value; (8) “Local governing body” means the city council, city board of directors, county quorum court, or any other legislative body governing a local government in the State of Arkansas; (9) “Local government” means any city or county in the State of Arkansas; (10)(A) “Project costs” means expenditures made in preparation of the project plan and made, or estimated to be made, or monetary obligations incurred, or estimated to be incurred, by the local govern- ment, which are listed in the project plan as costs of public works or improvements beneﬁting a redevelopment project district, plus any costs incidental thereto. (B) Project costs include, but are not limited to: (i) Capital costs, including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and ﬁxtures, the demolition, alteration, remodeling, re- pair, or reconstruction of existing buildings, structures, and ﬁxtures, environmental remediation, parking and landscaping, the acquisi- tion of equipment, and site clearing, grading, and preparation; (ii) Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, 149 14-168-301 COMMUNITY REDEVELOPMENT GENERALLY ### Page 159 all costs of issuance, and any redemption premiums, credit enhance- ment, or other related costs; (iii) Real property assembly costs, meaning any deﬁcit incurred resulting from the sale or lease as lessor by the local government of real or personal property within a redevelopment district for consid- eration which is less than its cost to the local government; (iv) Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services; (v) Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by local government employees in connection with the implementation of a project plan; (vi) Relocation costs, including, but not limited to, those relocation payments made following condemnation and job training and retrain- ing; (vii) Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of redevelopment project areas and the implementation of project plans; (viii) The amount of any contributions made in connection with the implementation of the project plan; (ix) Payments made, in the discretion of the local governing body, which are found to be necessary or convenient to the creation of redevelopment areas or the implementation of project plans; and (x) That portion of costs related to the construction of environmen- tal protection devices, storm or sanitary sewer lines, water lines, amenities, federal or state highways, or city or county streets or the rebuilding or expansion of highways or streets, the construction, alteration, rebuilding, or expansion of which is necessitated by the project plan for a district, whether or not the construction, alteration, rebuilding, or expansion is within the area; (11) “Project plan” means the plan which shall be adopted by a local governing body for a redevelopment project as described in § 14-168- 306; (12) “Real property” means all lands, including improvements and ﬁxtures on them and property of any nature appurtenant to them or used in connection with them and every estate, interest, and right, legal or equitable, in them, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by the liens; (13) “Redevelopment district” means a contiguous geographic area within a city or county in which a redevelopment project will be undertaken, as deﬁned and created by ordinance of the local governing body; (14)(A) “Redevelopment project” means an undertaking for eliminat- ing or preventing the development or spread of slums or deteriorated, deteriorating, or blighted areas, for discouraging the loss of com- merce, industry, or employment, or for increasing employment, or any combination thereof. 150 14-168-301 LOCAL GOVERNMENT ### Page 160 (B) A redevelopment project may include one (1) or more of the following: (i) The acquisition of land and improvements, if any, within the redevelopment district and clearance of the land so acquired; (ii) The development, redevelopment, revitalization, or conserva- tion of the project area whenever necessary to provide land for needed public facilities, public housing, or industrial or commercial develop- ment or revitalization, to eliminate unhealthful, unsanitary, or un- safe conditions, to lessen density, mitigate or eliminate traffic con- gestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration; (iii) The ﬁnancial or other assistance in the relocation of persons and organizations displaced as a result of carrying out the redevel- opment project and other improvements necessary for carrying out the project plan, together with such site improvements as are necessary for the preparation of any sites and making any land or improvements acquired in the project area available by sale or by lease for public housing or for development, redevelopment, or rehabilitation by private enterprise for commercial or industrial uses in accordance with the plan; (iv) The construction of capital improvements within a redevelop- ment district designed to alleviate deteriorating conditions or a blighted area or designed to increase or enhance the development of commerce, industry, or housing within the redevelopment district; or (v) Any other projects the local governing body deems appropriate to carry out the purposes of this subchapter; (15) “Special fund” means a separate fund for a redevelopment district established by the local government into which all tax incre- ment revenues and other pledged revenues are deposited and from which all project costs are paid; (16) “Tax increment” means the incremental value of a redevelop- ment district multiplied by the applicable ad valorem rate; (17) “Taxing unit” means the State of Arkansas and any city, county, or school district; and (18)(A) “Total ad valorem rate” means the total millage rate of all state, county, city, school, or other property taxes levied on all taxable property within a redevelopment district in a year. (B) The total ad valorem rate shall not include any: (i) Increases in the total millage rate occurring after the effective date of the creation of the redevelopment district if the additional millage is pledged for repayment of a speciﬁc bond or note issue; (ii) Property taxes levied for libraries under Arkansas Constitu- tion, Amendment 30, or Arkansas Constitution, Amendment 38; (iii) Property taxes levied for a ﬁreman’s relief and pension fund or policeman’s relief and pension fund of any municipality or county; or (iv) Property taxes levied for any hospital owned and operated by a county. 151 14-168-301 COMMUNITY REDEVELOPMENT GENERALLY ### Page 161 History. Acts 2001, No. 1197, § 2; 2005, No. 1163, § 1; 2005, No. 2231, § 1. A.C.R.C. Notes. Pursuant to § 1-2- 207, this section is set out above as amended by Acts 2005, Nos. 1163 and 2231. Present subdivision (18) of this sec- tion was also amended by Acts 2005, No. 1275, § 1, to read as follows: “‘Total ad valorem rate’ means the total millage rate of all county, city, school, or other local general property taxes levied on all taxable property within a redevel- opment district in a year, other than prop- erty taxes levied for libraries under Ar- kansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38.” Cross References. City and county government redevelopment, Ark. Const. Amend. 78. Amendments. The 2005 amendment by No. 1163 deleted “or community college district” in former (16) and made a related change. The 2005 amendment by No. 2231 sub- stituted “subchapter” for “act subchapter, unless the context otherwise requires” in the introductory language; in (2), inserted “real” preceding “property” and substi- tuted “effective date of the ordinance ap- proving the project plan” for “formation”; added present (4) and redesignated the remaining subsections accordingly; sub- stituted “as of the effective date of the creation of the redevelopment district, if” for “has been, at January 1, 2001” in present (6); substituted “beneﬁting” for “within” in present (10)(A); in (10)(B)(x), inserted “federal or state highways, city or county” and made a related change and inserted “highways or” following “expan- sion of”; inserted “the State of Arkansas and” in present (17); in present (18) added the subdivision (A) designation and added (B); and in present (18)(A) inserted “state” preceding “county”, deleted “local general” preceding “property taxes” and deleted “other than property taxes for libraries under Arkansas Constitution, Amend- ment 30, or Arkansas Constitution, Amendment 38.” RESEARCH REFERENCES U. Ark. Little Rock L. Rev. Tucker M. Brackins, Note: Tax Increment Financ- ing—A Case for Bringing TIF Back to the State of Arkansas, 42 U. Ark. Little Rock L. Rev. 611 (2020). CASE NOTES Total Ad Valorem Rate. County tax collector erred in including 2.75 mills in the total ad valorem rate and applying a portion of them to the redevel- opment district because the mills were passed to repay proposed school bonds; under subdivision (18)(B)(i) of this sec- tion, the “total ad valorem rate” excluded increases that were pledged for repay- ment of a speciﬁc bond issue. City of Fayetteville v. Fayetteville Sch. Dist. No. 1, 2013 Ark. 71, 427 S.W.3d 1 (2013). 14-168-324. Exemption — Library millage. Property taxes levied for libraries under Arkansas Constitution, Amendment 30, or Arkansas Constitution, Amendment 38, are exempt from this subchapter and shall not be diverted from the use for which they were levied. History. Acts 2005, No. 1275, § 2. 152 14-168-324 LOCAL GOVERNMENT ### Page 162 TITLE 16 PRACTICE, PROCEDURE, AND COURTS SUBTITLE 2. COURTS AND COURT OFFICERS CHAPTER. 23. LAW LIBRARIES. SUBTITLE 2. COURTS AND COURT OFFICERS CHAPTER 23 LAW LIBRARIES SECTION. 16-23-101. Authorization. 16-23-102. County law library boards. 16-23-103. [Repealed.] SECTION. 16-23-104. Conditions precedent to levy and collection. 16-23-105. County law library book fund. 16-23-101. Authorization. (a) Any county of this state is authorized to own, operate, and maintain a county law library and, in connection therewith, to own, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning books, volumes, treatises, pamphlets, and other educational materials useful for the purpose of legal education and to use therefor any available funds, including proceeds of the court costs levied and collected pursuant to the provisions of this chapter. (b) The funds derived from the levy of costs in criminal and civil cases as provided by this chapter may be used for any purpose relating to the establishment, maintenance, and operation of a county law library, including, but not limited to: (1) Construction, renovation, and maintenance of facilities to house such libraries; (2) The purchase of books, supplies, furnishings, and appointments; (3) The payment of salaries and expenses of librarians and assis- tants; and (4) Such other expenditures necessary to carry out the purpose and intent of this chapter. (c)(1) Each county which has two (2) judicial districts, an organized bar association organized in each district prior to March 1, 1991, and a county law library established prior to March 1, 1991, shall create a county law library to be located within each judicial district. 153 ### Page 163 (2) The court costs levied under this chapter and collected by the courts within the judicial districts shall be used only for the county law library located within that judicial district. History. Acts 1971, No. 284, § 1; 1985, No. 915, § 1; A.S.A. 1947, § 25-504; Acts 1991, No. 1241, § 1. 16-23-102. County law library boards. (a)(1) A county law library established pursuant to this chapter shall be under the control of a county law library board of not less than three (3) nor more than ﬁve (5) persons, who shall be practicing attorneys residing in the county and who shall be appointed by the county court from attorneys nominated by the county bar association or, in counties where there is no county bar association, by a regional bar association which includes that county. (2) In any county in which there are fewer than three (3) practicing attorneys, the board shall be composed of not less than three (3) nor more than ﬁve (5) persons, including the practicing attorney or attor- neys in the county together with one (1) or more additional persons who are legal residents and qualiﬁed electors of the county, appointed by the county court. (b) Members of the board shall be appointed for a term of ﬁve (5) years, but the initial appointments shall be so arranged that the terms of each member initially appointed expire in succeeding years. (c)(1) The board shall have charge of the operation and maintenance of the county law library and the custody and care of the county law library’s property. The board shall direct the expenditure of funds derived for county law library purposes under this chapter, and any other funds received by the county, or the board, for the use of the county law library. (2) Any excess funds in the county law library book fund not needed for the operation and maintenance of the county law library may be expended by the board for any other purpose necessary for improve- ment in the administration of justice in the county. (3)(A) The board may dispose of any personal property of the county law library it determines is junk, scrap, discarded, or otherwise of no value to the county law library. (B) The board may dispose of the personal property under subdi- vision (c)(3)(A) of this section by methods that include without limitation private sale, public sale, gift, or destruction. (d)(1) The board, subject to approval of the county court, is autho- rized, in implementation of the purposes of this chapter, to enter into agreements with any person, including other public bodies, in this state pertaining to the operation and maintenance of a county law library. (2) Without limiting the generality of the foregoing, agreements entered into pursuant to the provisions hereof may contain provisions: (A) Making available to any institution of higher learning the county law library, and related facilities, and the books, volumes, 154 16-23-102 PRACTICE, PROCEDURE, AND COURTS ### Page 164 treatises, pamphlets, and other educational materials located therein; (B) Authorizing the institution to maintain, locate, and relocate in the county law library, select, replace, supervise the use of, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning, such books, volumes, treatises, pamphlets, and other educational materials; and (C) Providing for the operation, maintenance, and supervision of the county law library and related facilities for the beneﬁt of the institution, the county, judges and attorneys, and the public. (3) The agreements may make available to the institution all or a portion of the collections of the costs levied pursuant to the provisions of this chapter, for the purpose of performing the obligations of the institution thereunder. History. Acts 1971, No. 284, §§ 4, 5; 1977, No. 89, § 1; 1983, No. 652, § 1; A.S.A. 1947, §§ 25-507, 25-508; Acts 2013, No. 43, § 1; 2015, No. 1152, § 5. Amendments. The 2013 amendment, in (c)(1), substituted “the county law li- brary’s” for “its” in the ﬁrst sentence, and “The board” for “It” and “county law” for “law” in the second sentence; and added (c)(3). The 2015 amendment inserted “county law” twice in (c)(3)(A). CASE NOTES Constitutionality. This section is not a “special act” within the meaning of the 14th Amendment to the Arkansas Constitution. Nahlen v. Woods, 255 Ark. 974, 504 S.W.2d 749 (1974). 16-23-103. [Repealed.] Publisher’s Notes. This section, con- cerning levy of costs, was repealed by Acts 1995, No. 1256, § 20, as amended by Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from Acts 1971, No. 284, § 2; 1975, No. 589, § 1; 1985, No. 915, § 2; A.S.A. 1947, § 25-505; Acts 1987, No. 773, § 1. 16-23-104. Conditions precedent to levy and collection. (a) The costs levied pursuant to the provisions of this chapter shall not be levied and collected unless there has been ﬁled with the county court of a county a resolution of the county bar association or, in counties where there is no county bar association, a resolution of the regional bar association which includes that county, signed by the president and attested to by the secretary of such bar association, requesting the levying and collecting of the costs levied pursuant to the provisions of this chapter. (b) After receipt of the resolution, the county court may enter an order levying the costs levied pursuant to the provisions of this chapter and directing their collection. History. Acts 1971, No. 284, § 3; A.S.A. 1947, § 25-506. 155 16-23-104 LAW LIBRARIES ### Page 165 16-23-105. County law library book fund. All collections from costs levied pursuant to the provisions of this chapter shall forthwith be paid over by the collecting officer to the county treasurer and by him credited on his records to a fund to be designated and known as the county law library book fund. The book fund shall be used for no other purposes than those provided in this chapter, and expenditures therefrom shall not require appropriation by the quorum court. History. Acts 1971, No. 284, § 2; 1985, No. 915, § 2; A.S.A. 1947, § 25-505. 156 16-23-105 PRACTICE, PROCEDURE, AND COURTS ### Page 166 TITLE 17 PROFESSIONS, OCCUPATIONS, AND BUSINESSES SUBTITLE 3. MEDICAL PROFESSIONS CHAPTER. 95. PHYSICIANS AND SURGEONS. SUBTITLE 3. MEDICAL PROFESSIONS CHAPTER 95 PHYSICIANS AND SURGEONS SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 17-95-101. “Good Samaritan” law — Deﬁ- nition. 17-95-101. “Good Samaritan” law — Deﬁnition. (a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident is not liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct. (b) Any person who is not a healthcare professional who is present at an emergency or accident scene and who: (1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circum- stances existing at the scene thereof; and (2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omis- sion was not in good faith and was the result of gross negligence or willful misconduct. 157 ### Page 167 (c)(1) A person who, without compensation, renders suicide preven- tion intervention at the scene of a threatened suicide, for and at the request of a nonproﬁt organization, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (2) A nonproﬁt organization that requests, sponsors, or participates in the providing of services under circumstances described in subdivi- sion (c)(1) of this section is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (d) A healthcare professional who in good faith and without compen- sation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transpor- tation to a healthcare facility for an injury suffered in the course of the event or contest is not liable for any civil damages as a result of any acts or omissions by that healthcare professional in rendering the emer- gency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence. (e) For the purposes of this section, “healthcare professional” means a licensed physician, chiropractic physician, dentist, optometric physi- cian, podiatric physician, and any other licensed healthcare profes- sional. History. Acts 1963, No. 46, § 1; 1979, No. 55, § 1; 1979, No. 725, § 1; A.S.A. 1947, §§ 72-624, 72-624.1; Acts 1993, No. 1190, § 1; 2007, No. 683, § 1; 2007, No. 1038, § 1; 2023, No. 47, § 1. A.C.R.C. Notes. Pursuant to § 1-2- 207, this section is set out above as amended by Acts 2007, No. 1038, § 1. This section was also amended by Acts 2007, No. 683, § 1 to read as follows: “(a) Any person licensed as a physician or surgeon under the laws of the State of Arkansas who, in good faith, lends emer- gency care or assistance without compen- sation at the place of an emergency or accident, shall not be liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly neg- ligent or willful misconduct. “(b) Any person who is not a physician, surgeon, nurse, or other person trained or skilled in the treatment of medical emer- gencies who is present at an emergency or accident scene and who: “(1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and acces- sible emergency procedures under the cir- cumstances existing at the scene thereof; and “(2) Proceeds to lend emergency assis- tance or service in a manner calculated in good faith to lessen or remove the imme- diate threat to the life, health, or safety of such a person, shall not be held liable in civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or ser- vices unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. “(c) No physician or surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a health care facility for an injury suffered in the course of the event or contest shall be liable for any civil damages as a result of any acts or omis- sions by that physician or surgeon in rendering the emergency medical care. The immunity granted by this subsection 158 17-95-101 PROFESSIONS, OCCUPATIONS, AND BUSINESSES ### Page 168 shall not apply in the event of an act or omission constituting gross negligence. “(d) For the purposes of this section and any other law of this state that takes effect on or after January 1, 1994, the term ‘physician’ shall mean a person li- censed by the Arkansas State Medical Board, the Arkansas State Board of Chi- ropractic Examiners, or the Arkansas State Podiatry Examining Board.” Publisher’s Notes. Acts 1993, No. 1190, § 1, codiﬁed here as subsection (d) [now (e)], is also codiﬁed as § 17-80-107. Amendments. The 2007 amendment rewrote the section. The 2023 amendment substituted “is not liable for” for “shall not be held liable in” in (b)(2); inserted present (c) and re- designated the remaining subsections ac- cordingly; and made stylistic changes. Cross References. Chiropractors, § 17-81-101 et seq. Emergency medical treatment, implied consent, § 20-9-603. Immunity from civil liability for re- quested emergency services, § 16-120- 401. Podiatrists, § 17-96-101 et seq. RESEARCH REFERENCES Ark. L. Rev. Liability of the Hospital Cardiac Arrest Team, 26 Ark. L. Rev. 17. Cristen C. Handley, Comment: Back to the Basics: Restoring Fundamental Tort Principles by Abolishing the Professional- Rescuer’s Doctrine, 68 Ark. L. Rev. 489 (2015). U. Ark. Little Rock L.J. Powell, Sur- vey of Torts, 3 U. Ark. Little Rock L.J. 316. CASE NOTES Construction. Good Samaritan Law provides immu- nity from civil damages for acts or omis- sions of ordinary negligence resulting from rendering emergency assistance or aid in good faith at an accident scene, in a suit by a third party to the accident who alleges injuries resulting from a Samari- tan’s aid. Dayberry v. Payne, 2023 Ark. App. 26, 659 S.W.3d 710 (2023). Appellate court disagreed with plain- tiff’s argument that interpreting immu- nity under the Good Samaritan Law to include claims by third parties is an ab- surd result the General Assembly could not have meant to reach. The General Assembly might have concluded that the beneﬁts of encouraging citizens to render aid in accidents and emergencies was worth the risk that their good-faith acts or omissions would cause further harm. Day- berry v. Payne, 2023 Ark. App. 26, 659 S.W.3d 710 (2023). 159 17-95-101 PHYSICIANS AND SURGEONS ### Page 169 [No machine-readable text extracted on this page.] ### Page 170 TITLE 19 PUBLIC FINANCE SUBTITLE 2. REVENUE STABILIZATION LAW CHAPTER. 22. GENERAL REVENUE OPERATING FUNDS AND FUND ACCOUNTS. SUBTITLE 2 REVENUE STABILIZATION LAW CHAPTER 22. GENERAL REVENUE OPERATING FUNDS AND FUND ACCOUNTS SECTION. 19-22-105. Public School Fund. 19-22-105. Public School Fund. (a) The Public School Fund shall consist of the following fund accounts and funds made available for the support of the Division of Elementary and Secondary Education, the Arkansas State Library, and the Division of Career and Technical Education and shall be used for the same purposes as set out for the following fund accounts: (1) Division of Elementary and Secondary Education Public School Fund Account. The Division of Elementary and Secondary Education Public School Fund Account shall be used for grants and aids for the programs administered by the Division of Elementary and Secondary Education as authorized by law; (2) Division of Career and Technical Education Public School Fund Account. The Division of Career and Technical Education Public School Fund Account shall be used for grants and aids for the programs administered by the Division of Career and Technical Education, the Adult Education Section, and the Office of Skills Development, consist- ing of, but not limited to: (A) General adult education grants; (B) Adult basic education grants; (C) Manpower development and training grants; (D) Vocational-technical and adult education; and (E) Such other grants and aids as may be authorized by law for disbursement by the Division of Career and Technical Education, the Adult Education Section, and the Office of Skills Development; and 161 ### Page 171 (3) State Library Public School Fund Account. The State Library Public School Fund Account shall be used for State Aid to Public Libraries as administered by the Arkansas State Library. (b) The Public School Fund shall consist of those moneys as may be provided by: (1) The Revenue Stabilization Law, § 19-20-101 et seq.; (2) Any federal mineral leasing funds, federal forest reserve funds, federal ﬂood control funds, or any other similar turnback funds in the State Treasury for which the eligible county or school district cannot be identiﬁed; (3) Fines collected pursuant to § 6-21-410 under the Free Textbook Act of 1975, § 6-21-401 et seq.; (4) Funds remitted by county treasurers for those school districts which have local revenue per student in excess of the local base per student, as set out in § 26-80-101(c); (5) Amusement machine revenues up to and including thirty thou- sand dollars ($30,000), as set out in § 26-57-407; (6) Twenty-ﬁve percent (25%) of additional rental vehicle tax rev- enues under § 26-63-302, to be used exclusively for teacher salaries; and (7) Such other funds as may be authorized by law. (c)(1) There is authorized a transfer of up to two hundred thousand dollars ($200,000) per year from the Public School Fund to the Division of Elementary and Secondary Education Fund Account or the Division of Career and Technical Education Fund Account, or a portion thereof to both, by the Treasurer of State and the Chief Fiscal Officer of the State, upon certiﬁcation as to the amount required by the Commissioner of Elementary and Secondary Education or by the Director of the Division of Career and Technical Education, or both, to the Chief Fiscal Officer of the State. (2) This transfer shall be used to provide additional support for the administration of the program for children with disabilities and the vocational-technical and adult education program. History. Acts 2025, No. 419, § 5. 162 19-22-105 PUBLIC FINANCE ### Page 172 TITLE 20 PUBLIC HEALTH AND WELFARE SUBTITLE 2. HEALTH AND SAFETY CHAPTER. 14. INDIVIDUALS WITH DISABILITIES. SUBTITLE 2. HEALTH AND SAFETY CHAPTER 14 INDIVIDUALS WITH DISABILITIES SUBCHAPTER 3 — RIGHTS GENERALLY SECTION. 20-14-301. Policy. 20-14-302. Penalty. 20-14-303. Rights generally. 20-14-304. Right to be accompanied by service animal — Penalty and restitution for killing or injuring a service ani- mal or search and rescue dog — Deﬁnition. 20-14-305. Access to housing accommoda- tions. 20-14-306. Reasonable precautions by drivers. SECTION. 20-14-307. Signs for individuals with dis- abilities. 20-14-308. Guide dog and service dog ac- cess. 20-14-309. Website accessibility — Com- pliance. 20-14-310. Misrepresentation as a ser- vice animal — Civil pen- alty. 20-14-311. Organizations holding Section 14(c) certiﬁcate — Deﬁni- tion. RESEARCH REFERENCES Ark. L. Rev. Flaccus, Handicap Dis- crimination Legislation, etc., 40 Ark. L. Rev. 261. 20-14-301. Policy. (a) It is the policy of this state to accord individuals with visual, hearing, or other physical disabilities all rights and privileges of other persons with respect to the use of public streets, highways, sidewalks, 163 ### Page 173 public buildings, public facilities, public carriers, public housing accom- modations, public amusement and resort areas, and other public areas to which the public is invited, subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter for individuals with visual, hearing, or other physical disabilities. (b) It is further the policy of this state that individuals with visual, hearing, or other physical disabilities shall be employed in state service, in the service of political subdivisions of this state, in the public schools, and in all other employment supported in whole or in part by public funds, on the same terms and conditions as individuals without visual, hearing, or other physical disabilities, unless it is shown that the visual, hearing, or other physical disability of a person prevents the performance of the work involved. History. Acts 1973, No. 484, § 1; 1979, No. 574, § 1; A.S.A. 1947, § 82-2901. 20-14-302. Penalty. Any person, ﬁrm, or corporation, or the agent of any person, ﬁrm, or corporation, who denies or interferes with the admittance to or enjoy- ment of public facilities and housing accommodations by an individual with visual, hearing, or other physical disabilities or otherwise inter- feres with the rights of an individual with visual, hearing, or other physical disabilities shall be guilty of a misdemeanor. History. Acts 1973, No. 484, § 6; 1979, No. 574, § 1; A.S.A. 1947, § 82-2906. 20-14-303. Rights generally. (a) Individuals with visual, hearing, or other physical disabilities shall have the same rights and privileges as other persons to the full use and enjoyment of: (1) The public streets, highways, sidewalks, walkways, public build- ings, public facilities, and other public places; (2) All common carriers and other public conveyances or modes of transportation, whether by air, land, or water; (3) All hotels, motels, lodging places, and housing accommodations; (4) Other places of public accommodation, amusement, or resort; and (5) All other places to which the general public is invited. (b) The rights and privileges are subject only to the limitations and conditions established by law and applicable to all persons and subject to the special limitations and conditions prescribed in this subchapter with respect to individuals with visual, hearing, or other physical disabilities. History. Acts 1973, No. 484, § 2; 1979, No. 574, § 1; A.S.A. 1947, § 82-2902. 164 20-14-302 PUBLIC HEALTH AND WELFARE ### Page 174 20-14-304. Right to be accompanied by service animal — Pen- alty and restitution for killing or injuring a service animal or search and rescue dog — Deﬁnition. (a) Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the beneﬁt of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as deﬁned in Title II and Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal. (b) However, any individual with visual, hearing, or other physical disabilities accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal. (c) As used in this section, “search and rescue dog” means any dog: (1) In training for or trained for the purpose of search and rescue; (2) Owned by an independent handler or a member of a search and rescue team; and (3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson. (d) Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony. (e) Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal. History. Acts 1973, No. 484, § 3; 1979, No. 574, § 1; A.S.A. 1947, § 82-2903; Acts 1995, No. 266, § 1; 1999, No. 571, § 2; 2017, No. 652, §§ 1, 2. A.C.R.C. Notes Acts 2017, No. 652, § 1 provided: “Title. This act shall be known and may be cited as the ‘Patricia Heath Act’.” Amendments. The 2017 amendment in (a), substituted “disabilities has” for “physical disabilities shall have” and in- serted “and to be accompanied by a service dog as deﬁned in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as it existed on January 1, 2017”. RESEARCH REFERENCES ALR. Service Animals Under Ameri- cans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. 53 A.L.R. Fed. 3d Art. 1 (2020). Inquiry into and Requirement of Proof of Training or Certiﬁcation of Service Ani- mals Under Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and Other Federal Statutes and Regulations. 68 A.L.R. Fed. 3d Art. 5 (2022). What Constitutes “Service Animal” and Accommodation Thereof, Under Ameri- cans with Disabilities Act (ADA). 75 A.L.R. Fed. 2d 49. 165 20-14-304 INDIVIDUALS WITH DISABILITIES ### Page 175 20-14-305. Access to housing accommodations. (a) Individuals with visual, hearing, or other physical disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in this state subject only to the conditions and limitations established by law and applicable alike to other persons. (b) The provisions of this section with respect to the rights of individuals with visual, hearing, or other physical disabilities to equal access to housing accommodations shall not be deemed to include any accommodations in a facility which is designed and used primarily as a single family residence and a portion of which is rented, leased, or furnished for compensation. (c) Nothing in this section shall be deemed to require any person renting, leasing, or otherwise providing housing accommodations for compensation to modify his or her accommodations in any way or to provide a higher degree of care for an individual with visual, hearing, or other physical disabilities than for an individual without visual, hear- ing, or other physical disabilities. History. Acts 1973, No. 484, § 5; 1979, No. 574, § 1; A.S.A. 1947, § 82-2905. 20-14-306. Reasonable precautions by drivers. The driver of a vehicle approaching a person with a visual or hearing disability who is carrying a cane which is predominately white or metallic in color with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching a person with another physical disability shall take all reasonable precautions to avoid injury to the pedestrian with visual, hearing, or other physical disabilities. History. Acts 1973, No. 484, § 4; 1979, No. 574, § 1; A.S.A. 1947, § 82-2904. 20-14-307. Signs for individuals with disabilities. (a) State agencies which require any persons, agencies, boards, commissions, businesses, or other entities to display signs for individu- als with disabilities shall require those persons, agencies, boards, commissions, businesses, or other entities to display only the blue and white international symbol of access. (b) This section shall have no retroactive effect, applying only to signs installed subsequent to this section’s taking effect. (c) This section shall apply only if installation of a required sign can be achieved without creating a negative ﬁnancial impact on any persons, agencies, boards, commissions, businesses, or other entities required to display signs for individuals with disabilities. History. Acts 2001, No. 992, § 1. 166 20-14-305 PUBLIC HEALTH AND WELFARE ### Page 176 20-14-308. Guide dog and service dog access. (a) An individual with visual, hearing, or other physical disabilities and his or her guide, signal, or service dog or a dog trainer in the act of training a guide, signal, or service dog shall not be denied admittance to or refused access to the following because of the dog: (1) Any street or highway; (2) Any sidewalk or walkway; (3) Any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transporta- tion; (4) Any hotel, motel, or other place of lodging; (5) Any public building maintained by any unit or subdivision of government; (6) Any building to which the general public is invited; (7) Any educational facility or college dormitory; (8) Any restaurant or other place where food is offered for sale to the public; or (9) Any other place of public accommodation, amusement, conve- nience, or resort to which the general public or any classiﬁcation of persons from the general public is regularly, normally, or customarily invited within the State of Arkansas. (b) The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog but shall be liable for any damage done to the premises by the dog. History. Acts 2003, No. 1107, § 1. RESEARCH REFERENCES ALR. What Constitutes “Service Ani- mal” and Accommodation Thereof, Under Americans with Disabilities Act (ADA). 75 A.L.R. Fed. 2d 49. U. Ark. Little Rock L. Rev. Survey of Legislation, 2003 Arkansas General As- sembly, Public Health and Welfare, Guide Dogs, 26 U. Ark. Little Rock L. Rev. 464. 20-14-309. Website accessibility — Compliance. (a)(1) Before ﬁling a civil action or petition for injunctive relief based on a claim that an entity’s website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity’s website to accommodate a person with a disability as deﬁned by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party’s allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization’s website to accommodate persons with a disability as deﬁned by the Americans with Disabilities Act of 1990, 42 U.S.C. 167 20-14-309 INDIVIDUALS WITH DISABILITIES ### Page 177 § 12101 et seq., and the speciﬁc violations that the aggrieved party asserts. (2) The speciﬁc violations alleged in the written notice under subdi- vision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm. (3) The notice shall be sent by certiﬁed mail with return receipt requested at least one hundred twenty (120) days before the ﬁling of a petition for injunctive relief. (4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court. (b)(1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief. (2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted. (3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney’s fees. History. Acts 2017, No. 784, § 1. 20-14-310. Misrepresentation as a service animal — Civil pen- alty. (a) An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation. (b) An individual who violates subsection (a) of this section may be subject to a civil penalty not to exceed two hundred ﬁfty dollars ($250) for each violation. History. Acts 2019, No. 1002, § 1. RESEARCH REFERENCES ALR. Service Animals Under Ameri- cans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. 53 A.L.R. Fed. 3d Art. 1 (2020). Inquiry into and Requirement of Proof of Training or Certiﬁcation of Service Ani- mals Under Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and Other Federal Statutes and Regulations. 68 A.L.R. Fed. 3d Art. 5 (2022). 168 20-14-310 PUBLIC HEALTH AND WELFARE ### Page 178 20-14-311. Organizations holding Section 14(c) certiﬁcate — Deﬁnition. (a) As used in this section, “Section 14(c) certiﬁcate” means a special certiﬁcate issued under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as existing on January 1, 2023. (b) As long as a Section 14(c) certiﬁcate is issued by the United States Department of Labor, an organization that holds a Section 14(c) certiﬁcate is recognized as legal to employ individuals with disabilities and is protected by this state. History. Acts 2023, No. 339, § 2. A.C.R.C. Notes. Acts 2023, No. 339, § 1, provided: “Legislative intent. The General Assembly ﬁnds that: “(1) Organizations that hold certiﬁ- cates issued under Section 14(c) of the Fair Labor Standards Act provide needed services for individuals with disabilities in this state; “(2) Communities throughout the state need organizations with certiﬁcates is- sued under Section 14(c) of the Fair Labor Standards Act to remain open and avail- able to provide these vital services to individuals with disabilities; and “(3) Recognition and protection of orga- nizations holding certiﬁcates issued under Section 14(c) of the Fair Labor Standards Act are important for individuals with disabilities and parents and guardians of individuals with disabilities.” 169 20-14-311 INDIVIDUALS WITH DISABILITIES ### Page 179 [No machine-readable text extracted on this page.] ### Page 180 TITLE 21 PUBLIC OFFICERS AND EMPLOYEES CHAPTER. 2. COMMISSION, OATH, AND BOND. 14. NOTARIES PUBLIC. CHAPTER 2 COMMISSION, OATH, AND BOND SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 21-2-105. Administration of oaths gener- ally. 21-2-105. Administration of oaths generally. (a)(1) The Governor shall take the oath of office before: (A) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (B) A federal justice or judge of the: (i) United States Supreme Court; (ii) United States Court of Appeals; or (iii) United States District Court; (C) The county clerk; or (D) The clerk of the circuit court. (2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before: (A) The Governor; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court, including any former circuit or chancery judge who served for at least four (4) years; or (iv) District court, including any former municipal or district judge who served for at least four (4) years; (C) A federal justice or judge of the: (i) United States Supreme Court; 171 ### Page 181 (ii) United States Court of Appeals; or (iii) United States District Court; (D) The clerk of the county court; or (E) The clerk of the circuit court. (3) All other officers, both civil and military, shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court, including any former circuit or chancery judge who served for at least four (4) years; (iv) District court, including any former municipal or district judge who served for at least four (4) years; or (v) County court; (C) A federal justice or judge of the: (i) United States Supreme Court; (ii) United States Court of Appeals; or (iii) United States District Court; (D) The clerk of the county court; (E) The clerk of the circuit court; (F) A justice of the peace; (G) A clerk of a city of the ﬁrst class; or (H) A recorder of a city of the second class or incorporated town. (b) However, if the officer is serving in or with the United States Armed Forces, he or she may take the oath of office before any commissioned officer in active service of the United States Armed Forces with the rank of second lieutenant or higher in the United States Army, United States Air Force, United States Space Force, or United States Marine Corps, or ensign or higher in the United States Navy or United States Coast Guard. (c) The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section. (d)(1) If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor. (2) Upon the completion of the oath: (A) The outgoing officer immediately vacates his or her position; and (B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office. History. Rev. Stat., ch. 106, § 1; Acts 1845, § 1, p. 61; C. & M. Dig., § 8074; Pope’s Dig., § 10403; Acts 1945, No. 3, § 1; 1977, No. 531, § 1; A.S.A. 1947, § 12- 172 21-2-105 PUBLIC OFFICERS AND EMPLOYEES ### Page 182 207; Acts 1999, No. 641, § 1; 2009, No. 633, § 19; 2011, No. 582, § 1; 2011, No. 612, § 1; 2019, No. 194, § 1; 2021, No. 424, § 1; 2025, No. 456, § 2; 2025, No. 508, § 40. A.C.R.C. Notes. Acts 2025, No. 508, § 1, provided: “Legislative ﬁndings and intent. “(a) The General Assembly ﬁnds that: “(1) The United States Space Force was established on December 20, 2019, and is the sixth branch of the United States Armed Forces and eighth uniformed ser- vice of the United States under 10 U.S.C. § 101, as it existed on January 1, 2025; and “(2) Arkansas legislation enacted after December 20, 2019, includes the United States Space Force in statutory references to the United States Armed Forces and uniformed services of the United States. “(b) The General Assembly intends for this act to: “(1) Add the United States Space Force to statutory references to the United States Armed Forces and uniformed ser- vices of the United States contained in existing statutes to ensure the eligibility of members and veterans of the United States Space Force for existing programs; and “(2) Modernize the language and provi- sions of statutes adopted during or imme- diately following World War II.” Amendments. The 1999 amendment inserted “Air Force” in (b); substituted “or” for “nor” in (c); and made minor punctua- tion changes. The 2009 amendment inserted “judges of the Court of Appeals” and “judges of the district courts” in (a)(2), and made related changes. The 2011 amendment by No. 582 re- wrote (a). The 2011 amendment by No. 612 added (d). The 2019 amendment added (a)(3)(F) and (a)(3)(G). The 2021 amendment added (a)(1)(A)(iv) and (a)(2)(B)(iv). The 2025 amendment by No. 456 in- serted (a)(1)(B), (a)(2)(C) and (a)(3)(C) and redesignated the remaining subdivision accordingly; added “including any former circuit or chancery judge who served for at least four (4) years” in (a)(2)(B)(iii) and (a)(3)(B)(iii); and added “including any former municipal or district judge who served for at least four (4) years” in (a)(2)(B)(iv) and (a)(3)(B)(iv). The 2025 amendment by No. 508 in- serted “United States Space Force” in (b). CASE NOTES Administration by Municipal Court Clerk. Although a municipal court clerk can administer oaths under § 16-17-211, sub- division (a)(3) dictates that a municipal judge can only receive his oath of office from certain designated persons, who do not include a municipal court clerk. City of Crossett v. Switzer, 302 Ark. 239, 788 S.W.2d 738 (1990) (decision under prior law). CHAPTER 14 NOTARIES PUBLIC SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 21-14-101. Appointment and commission. 21-14-102. Change of residence. SECTION. 21-14-103. Change in personal informa- tion. 173 21-2-105 NOTARIES PUBLIC ### Page 183 SECTION. 21-14-104. Power and authority gener- ally. 21-14-105. Administration of oaths. 21-14-106. Acknowledgments and au- thentications. 21-14-107. Signature — Seal. 21-14-108. Expiration date of commis- sion. 21-14-109. Performance of duties for cor- poration. SECTION. 21-14-110. Admissibility of acknowledged instruments. 21-14-111. Unlawful act — Penalty — Deﬁnition. 21-14-112. Denial or revocation of notary public commission. 21-14-113. Notice of revocation — Appeal. 21-14-114. Rules. 21-14-101. Appointment and commission. (a)(1) The Secretary of State may appoint and commission an indi- vidual person as a notary public in this state. (2) A notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State. (b) Every applicant for appointment and commission as a notary public shall complete an application to be ﬁled with the Secretary of State stating: (1) That he or she is: (A) One (1) of the following: (i) A bona ﬁde citizen of the United States; (ii) A permanent resident alien who shall ﬁle with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operat- ing a business in the State of Arkansas; or (v)(a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a “Uniformed Services Identiﬁcation and Privilege Card”, shall be included with his or her application under this subsection; (B) Eighteen (18) years of age or older; and (C) Able to read and write English; (2) The address of his or her place of employment, business, or residence in this state; (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and (4) That he or she has not been convicted of a felony. (c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission. (d) The Secretary of State may require the applicant to demonstrate that he or she has reviewed the law concerning notaries public and understands the duties of a notary public. (e) Every notary public shall ﬁle in the office of the recorder of deeds for the county where the notary public resides or in the case of a legal 174 21-14-101 PUBLIC OFFICERS AND EMPLOYEES ### Page 184 resident of an adjoining state or nonresident spouse of a United States military service member, in the county in Arkansas of his or her place of employment or business, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public’s duties in the sum of seven thousand ﬁve hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public’s faithful dis- charge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand ﬁve hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation’s purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commis- sioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. (f)(1) The obligation of an issuer of a bond required by subsection (e) of this section: (A) Shall be solely to the State of Arkansas; and (B) Is solely for the beneﬁt of the State of Arkansas. (2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond. (3) An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee. (g)(1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a legal resident of an adjoining state or a nonresident spouse of a United States military service member, the circuit clerk for the county in Arkansas of his or her place of employment or business: “I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)________________________________ Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year). ________________________________(Signature of circuit clerk)”. 175 21-14-101 NOTARIES PUBLIC ### Page 185 (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State. (h) The Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission. History. Acts 1874, No. 17, § 1, p. 61; C. & M. Dig., § 7969; Pope’s Dig., § 10362; Acts 1981, No. 672, § 1; 1985, No. 966, § 1; A.S.A. 1947, § 12-1401; Acts 1989, No. 304, § 2; 2001, No. 1274, § 1; 2005, No. 2274, § 1; 2009, No. 1404, § 1; 2013, No. 492, § 1; 2017, No. 537, § 2; 2019, No. 215, §§ 1-3; 2021, No. 479, § 3. Amendments. The 2005 amendment added (e) and (f); rewrote (a)(2); and sub- stituted “Secretary of State” for “clerk of the circuit court of the county” in (d)(1). The 2009 amendment inserted present (e) and redesignated the remaining sub- sections accordingly. The 2013 amendment added (b)(4); in- serted (d), and redesignated the remain- ing subsections accordingly. The 2017 amendment added (f)(3). The 2019 amendment rewrote (b)(1); inserted “place of employment” in (b)(2); in the introductory language of (e), in- serted “or nonresident spouse of a United States military service member” and sub- stituted “of his or her place of employment or business” for “where employed”; and, in (g)(1), inserted “or a nonresident spouse of a United States military service member” and substituted “of his or her place of employment or business” for “where em- ployed”. The 2021 amendment, in (a)(2) and (h), deleted “Effective January 1, 2006”; in- serted “legal” preceding “resident” in the introductory language of (e); and substi- tuted “legal resident of an adjoining state” for “resident of another state” in (g)(1). CASE NOTES ANALYSIS Liability of Notary. Noncompliance. Qualiﬁcations. Liability of Notary. A party who is damaged because of reliance upon truth of statement sworn to before notary is injured by the act of the party swearing falsely rather than by the negligence of the notary in certifying that the statement has been sworn. Smith v. Maginnis, 75 Ark. 472, 89 S.W. 91 (1905); Coffin v. Bruten, 78 Ark. 162, 95 S.W. 462 (1906). Issue of fact remained as to whether a notary was liable for witnessing forged signatures pursuant to § 21-14-111, and therefore whether the surety was liable on its bond issued under this section, be- cause, if she recognized the signature, she was permitted to witness it without watching the signer sign the documents. Southern Dev. Corp. v. Freightliner of New Hampshire, Inc., 2009 Ark. App. 286, 307 S.W.3d 597 (2009). Noncompliance. Recorded mortgage properly acknowl- edged was enforceable even though notary who took the acknowledgment had not qualiﬁed himself as required by this sec- tion. Forrest City Grocer Co. v. Catlin, 193 Ark. 148, 97 S.W.2d 910 (1936). Qualiﬁcations. Notary’s residence in county of his ap- pointment is essential. Lanier v. Norﬂeet, 156 Ark. 216, 245 S.W. 498 (1922). Cited: Brown v. Anderson, 210 Ark. 970, 198 S.W.2d 188 (1946). 21-14-102. Change of residence. (a)(1) Upon receiving notiﬁcation of a change of residency, the Secretary of State shall transfer a notary public’s appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under § 21-14-101 176 21-14-102 PUBLIC OFFICERS AND EMPLOYEES ### Page 186 changes residence to a county within this state other than the county where the notary public resided on the date of commission. (2) Upon receiving notiﬁcation of a change in place of employment, the Secretary of State shall transfer a notary public’s appointment and commission to the new county of employment in the case of a legal resident of an adjoining state or a nonresident spouse of a United States military service member changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission. (b) The original bond or certiﬁed copy of the original bond from the original county of residence shall also be ﬁled by the notary public in the new county of residence or if the notary public is a legal resident of an adjoining state or a nonresident spouse of a United States military service member, in the new county of employment in Arkansas. History. Acts 1983, No. 21, § 1; 1985, No. 966, § 2; A.S.A. 1947, § 12-1401.1; Acts 2005, No. 2274, § 1; 2013, No. 492, § 2; 2019, No. 215, § 4; 2021, No. 479, § 3. Amendments. The 2005 amendment rewrote (b). The 2013 amendment inserted “or cer- tiﬁed copy of the original bond from the original county of residence” in (b). The 2019 amendment inserted “or a nonresident spouse of a United States military service member” in (a)(2) and (b). The 2021 amendment inserted “legal” preceding “resident” in (a)(2) and (b). 21-14-103. Change in personal information. (a) If any notary public has a change in his or her mailing address or status in life that alters the information on record with the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed, the notary public shall be responsible for providing that change of informa- tion to the Secretary of State and the circuit clerk within thirty (30) calendar days of the change. (b) If the change in status involves a court order, the notary public shall be responsible for providing the Secretary of State with a certiﬁed copy of the court order within thirty (30) calendar days of the ﬁling of the court order with the clerk. (c) If the notary public marries and the notary public’s name changes, a certiﬁed copy of the marriage certiﬁcate shall be delivered to the office of the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed. History. Rev. Stat., ch. 104, § 6; C. & M. Dig., § 7975; Pope’s Dig., § 10368; A.S.A. 1947, § 12-1410; Acts 2001, No. 1274, § 2; 2005, No. 2274, § 1. Amendments. The 2005 amendment redesignated former (a)(1)-(3) as present (a)-(c); rewrote present (a) and (c); and deleted former (b). 177 21-14-103 NOTARIES PUBLIC ### Page 187 21-14-104. Power and authority generally. The power and authority of a notary public shall be coextensive with the state for: (1) Swearing witnesses; (2) Taking affidavits; (3) Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and (4) Taking acknowledgments of deeds and other instruments in writing and authorized by law to be acknowledged. History. Acts 1901, No. 82, § 1, p. 148; 1905, No. 269, § 1, p. 687; C. & M. Dig., § 7970a; Pope’s Dig., § 10363; A.S.A. 1947, § 12-1405; Acts 2013, No. 492, § 3. Amendments. The 2013 amendment rewrote the section. CASE NOTES Removal from County. Notary’s removal from county of his appointment renders his acts in taking affidavits null and void. Lanier v. Norﬂeet, 156 Ark. 216, 245 S.W. 498 (1922). 21-14-105. Administration of oaths. Each notary public shall have power to administer oaths in all matters incident to or belonging to the exercise of his or her notarial office. History. Rev. Stat., ch. 104, § 3; C. & M. Dig., § 7970; Pope’s Dig., § 10363; A.S.A. 1947, § 12-1403. 21-14-106. Acknowledgments and authentications. (a) A notary public may: (1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation; (2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing; (3) Make declarations and protests; and (4) Certify under his or her official seal the truth of all matters and things done by virtue of his or her office. (b) A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy if the document is not: (1) A vital record in this state, another state, a territory of the United States, or another country; or (2) A public record, if a copy can be made by the custodian of the public record. History. Rev. Stat., ch. 104, § 4; C. & M. Dig., § 7973; Pope’s Dig., § 10366; A.S.A. 1947, § 12-1404; Acts 2001, No. 1274, § 3; 2005, No. 2274, § 2. 178 21-14-104 PUBLIC OFFICERS AND EMPLOYEES ### Page 188 Amendments. The 2005 amendment made no changes to this section. CASE NOTES Disqualiﬁcation. A notary public is not disqualiﬁed to take an acknowledgment to a mortgage by reason of the fact that he acted as agent for the mortgagor in obtaining the loan of money which the mortgage was intended to secure. Penn v. Garvin, 56 Ark. 511, 20 S.W. 410 (1892). 21-14-107. Signature — Seal. (a)(1) At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certiﬁcate. (2) The official signature is the signature on ﬁle with the Secretary of State at the time of signing. (3) A notary public may refuse to perform a notarial act for any reason, including when the principal: (A) Does not appear to understand the nature of the transaction that requires the notarial act; (B) Does not appear to be acting of his or her own free will; (C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or (D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public. (4)(A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is: (i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and (ii) Witnessed by at least one (1) disinterested person. (B) The notary public shall write below a signature by mark: “Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)”. (5) When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if: (A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses; (B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses; (C) Each disinterested witness signs his or her own name beside the signature; (D) The notary public writes below the signature: “Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)”; and (E) The notary public notarizes the required notarial certiﬁcate. (b)(1) Under or near a notary public’s official signature on every notary certiﬁcate, the notary public shall provide a seal of his or her 179 21-14-107 NOTARIES PUBLIC ### Page 189 office in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction. (2) The seal shall include: (A) The notary public’s name exactly as he or she writes his or her official signature; (B) The name of the county where the notary public’s bond is ﬁled; (C) The words “notary public” and “Arkansas”; (D) The date upon which the notary public’s commission expires; and (E) The notary public’s commission number issued by the Secre- tary of State if the notary public has been issued a commission number. (c) A notary seal shall not include the Seal of the State of Arkansas or an outline of the state. (d) The seal and certiﬁcate of the notary public commission are the exclusive property of the notary public and must be kept in the exclusive control of the notary public. (e) The seal and certiﬁcate of the notary public commission shall not be surrendered to an employer upon termination of employment, regardless of whether or not the employer paid for the seal or for the commission. (f)(1)(A) For a notarial act involving a document, a notary public shall complete a notarial certiﬁcate that is worded in English. (B) The notarial certiﬁcate shall include: (i) The official signature of the notary public as described in subdivision (a)(1) of this section; (ii) The official seal of the notary as described in subdivision (b)(1) of this section; (iii) The venue of the notarial act, including the name of the state and county; and (iv) The date of the notarial act. (2) A notarial certiﬁcate is incomplete if: (A) The information within the notarial certiﬁcate is known or believed by the notary public to be false; (B) A notary public affixes an official signature or seal on a notarial certiﬁcate that is incomplete under subsection (a) or subsection (b) of this section; (C) An official signature or seal on a notarial certiﬁcate is known to be executed at a time when the principal or signer was not present; or (D) A signed or sealed notarial certiﬁcate is executed with the understanding that the notarial certiﬁcate will be completed or attached to a document outside of the presence of the notary public. History. Rev. Stat., ch. 104, § 7; C. & M. Dig., § 7976; Pope’s Dig., § 10369; Acts 1981, No. 672, § 2; A.S.A. 1947, § 12-1402; Acts 2001, No. 1274, § 4; 2005, No. 1962, § 104; 2005, No. 2274, § 2; 2013, No. 492, § 4; 2017, No. 537, § 3. Amendments. The 2005 amendment by No. 2274 substituted “commission” for 180 21-14-107 PUBLIC OFFICERS AND EMPLOYEES ### Page 190 “notary” in (b)(2)(D); added (b)(2)(E); and made minor stylistic changes. The 2013 amendment inserted “in blue or black ink” in (a)(1) and (b)(1). The 2017 amendment substituted “is” for “shall be” in (a)(2); added (a)(3) through (a)(5); and added (f). Cross References. Seals of public officers to contain emblem of state, § 1-4- 108. CASE NOTES Noncompliance. The absence from a notary’s seal of the emblems and devices required by this sec- tion does not invalidate his certiﬁcate of the acknowledgment of a deed. Heather Manor Care Ctr., Inc. v. Marshall, 2024 Ark. App. 596, 704 S.W.3d 134 (2024). Cited: Heather Manor Care Ctr., Inc. v. Marshall, 2024 Ark. App. 596, 704 S.W.3d 134 (2024). 21-14-108. Expiration date of commission. (a)(1) Every notary public shall attach to any certiﬁcate of acknowl- edgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire. (2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section. (b) No notary public shall perform any official act after the expiration of his or her commission as evidenced by his or her certiﬁcate. (c) Sixty (60) calendar days prior to the expiration of a notary public’s commission, he or she shall submit to the Secretary of State a new application along with the fee of twenty dollars ($20.00) for the renewal of the commission. (d) Every notary public shall ﬁle in the office of the recorder of deeds for the county where the notary public resides or if the notary public is a resident of an adjoining state, in the office of the recorder of deeds for the county in Arkansas where employed, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public’s duties in the sum of seven thousand ﬁve hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public’s faithful dis- charge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand ﬁve hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation’s purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and 181 21-14-108 NOTARIES PUBLIC ### Page 191 (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. History. Acts 1891, No. 35, §§ 1, 2, p. 57; C. & M. Dig., §§ 7971, 7972; Pope’s Dig., §§ 10364, 10365; A.S.A. 1947, §§ 12- 1406, 12-1407; Acts 2001, No. 1274, § 5; 2005, No. 2274, § 2; 2015, No. 570, § 2. Amendments. The 2005 amendment substituted “Secretary of State” for “clerk of the circuit court of the county” in (d)(1). The 2015 amendment substituted “Sixty (60)” for “Thirty (30)” in (c). 21-14-109. Performance of duties for corporation. (a) It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of the corporation, or to protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by the corporation. (b) It shall be unlawful for any notary public to take the acknowl- edgment of an instrument executed by or to a bank or other corporation of which he or she is a stockholder, director, officer, or employee where the notary public is a party to the instrument, either individually or as a representative of the corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary public is individually a party to the instrument. History. Acts 1953, No. 331, § 1; A.S.A. 1947, § 12-1411. 21-14-110. Admissibility of acknowledged instruments. All declarations and protests made and acknowledgments taken by a notary public and certiﬁed copies of the notary public’s records and official papers shall be received as evidence of the facts therein stated in all the courts of this state. History. Rev. Stat., ch. 104, § 8; C. & M. Dig., § 7977; Pope’s Dig., § 10370; A.S.A. 1947, § 12-1409. RESEARCH REFERENCES Ark. L. Rev. Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79. CASE NOTES Prima Facie Evidence. The certiﬁcate of the notary that the holder of a note had mailed notice to the endorser is prima facie evidence of the 182 21-14-109 PUBLIC OFFICERS AND EMPLOYEES ### Page 192 facts stated. Peters v. Hobbs, 25 Ark. 67 (1867); Fletcher v. Ark. Nat’l Bank, 62 Ark. 265, 35 S.W. 228 (1896). 21-14-111. Unlawful act — Penalty — Deﬁnition. (a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either: (1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or (2) Recognizes the signature of the signer by virtue of familiarity with the signature. (b) Any notary public violating this section shall be guilty of a Class A misdemeanor. (c) For purposes of this section, “personally knows” means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable cer- tainty. History. Acts 1989, No. 304, § 3; 2001, No. 1274, § 6. Amendments. The 2001 amendment deleted (b)(2) and made related changes; and added (c). CASE NOTES ANALYSIS Forged Signature. Improper Notarization. Forged Signature. Where bank sought to take advantage of its own wrongful conduct in notarizing and accepting wife’s signature as forged by her husband on a promissory note, its conduct was improper and unconscionable and barred by the clean hands doctrine. Merchants & Planters Bank & Trust Co. v. Massey, 302 Ark. 421, 790 S.W.2d 889 (1990). Issue of fact remained as to whether a notary was liable for witnessing forged signatures pursuant to this section, and therefore whether the surety was liable on its bond issued under § 21-14-101, be- cause, if she recognized the signature, she was permitted to witness it without watching the signer sign the documents. Southern Dev. Corp. v. Freightliner of New Hampshire, Inc., 2009 Ark. App. 286, 307 S.W.3d 597 (2009). Improper Notarization. Under this section, § 16-47-205, and former § 28-68-304 (see now § 28-68- 105), the decedent’s attorney’s secretary signed the certiﬁcate of acknowledgement for the November 20 power of attorney before the decedent signed the instru- ment, and this improper notarization of the acknowledgement was fatal to the validity of the November 20 power of attorney. Jones v. Owen, 2009 Ark. 505, 342 S.W.3d 265 (2009). Cited: Porter v. McCuen, 310 Ark. 674, 839 S.W.2d 521 (1992). 21-14-112. Denial or revocation of notary public commission. (a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public’s term of appointment if the notary public: (1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact; 183 21-14-112 NOTARIES PUBLIC ### Page 193 (2) Is convicted of official misconduct under the provisions of § 21- 14-111; (3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law; (4) Is found by a court of this state to have engaged in the unauthor- ized practice of law; (5) Is found by a court to have improperly notarized documents according to the law; (6) Is found by a court to have charged fees higher than allowed under § 21-6-309; or (7) Fails to complete the requirements under § 21-14-101. (b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person. (c) After a notary public receives notice from the Secretary of State that the notary public’s commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State: (1) The notary public’s journal of notarial acts; (2) All other papers and copies relating to the notary public’s notarial acts; and (3) The notary public’s official seal. (d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation. History. Acts 1999, No. 1187, § 1; 2005, No. 2274, § 3; 2013, No. 492, § 5. Amendments. The 2005 amendment substituted “ﬁve (5) years” for “three (3) years” in (d); and made minor stylistic changes. The 2013 amendment inserted (a)(6) and redesignated former (a)(6) as (a)(7); and substituted “ten (10) years” for “ﬁve (5) years” in (d). 21-14-113. Notice of revocation — Appeal. (a) If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation. (b)(1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected. (2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secre- tary of State’s Certiﬁcate of Revocation and the written notice of revocation. (c) The court may summarily order the Secretary of State to rein- state the notary public or take other action the court considers appropriate. 184 21-14-113 PUBLIC OFFICERS AND EMPLOYEES ### Page 194 (d) The court’s ﬁnal decision may be appealed as in other civil proceedings. History. Acts 1999, No. 1187, § 2. 21-14-114. Rules. The Secretary of State may promulgate rules necessary to administer this chapter. History. Acts 2005, No. 2274, § 4; 2019, No. 315, § 2339. Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading and follow- ing “rules” in the section. 185 21-14-114 NOTARIES PUBLIC ### Page 195 [No machine-readable text extracted on this page.] ### Page 196 TITLE 25 STATE GOVERNMENT CHAPTER. 19. FREEDOM OF INFORMATION ACT OF 1967. 20. INTERLOCAL COOPERATION ACT. 32. UNIFORM ELECTRONIC TRANSACTIONS ACT. CHAPTER 19 FREEDOM OF INFORMATION ACT OF 1967 SECTION. 25-19-103. Deﬁnitions. 25-19-105. Examination and copying of public records. 25-19-106. Public meetings — Require- ments, exceptions, and penalties. SECTION. 25-19-108. Information for public guid- ance. 25-19-109. Special requests for electronic information. 25-19-110. Exemptions. 25-19-103. Deﬁnitions. As used in this chapter: (1) “Background and nondecisional information” means information that is not deliberation; (2)(A) “Custodian”, except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record. (B) “Custodian” does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others; (3) “Cybersecurity” means the measures taken to achieve protection against the criminal or unauthorized use of electronic data; (4) “Deliberation” means an exchange of information or opinion between two (2) or more members of a governing body that: (A) Seeks, discloses, or inquires about a decision by a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body; or (B) Solicits, discloses, or inquires about the support or opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body; (5) “Disaster recovery system” means an electronic data storage system implemented and maintained solely for the purpose of allowing a governmental unit or agency to recover operational systems and datasets following the occurrence of a catastrophe, including without limitation an act of war, an equipment failure, a cyberattack, or a natural disaster such as a tornado, earthquake, or ﬁre; 187 ### Page 197 (6) “Format” means the organization, arrangement, and form of electronic information for use, viewing, or storage; (7) “Governing body” means the governing body of a public entity; (8) “Informal meeting” means the gathering of two (2) or more members of a governing body outside of a public meeting; (9)(A) “Learning materials” means curricula, syllabi, lesson plans, instructional materials, assignments, presentations, books, articles, video recordings, audio recordings, digital resources, or other re- sources that are maintained and used by public schools for classroom instruction, regardless of format or medium. (B) “Learning materials” does not include tests or other student assessments used by public schools or public school districts. (10) “Medium” means the physical form or material on which records and information may be stored or represented and may include, but is not limited to, paper, microﬁlm, microform, computer disks and dis- kettes, optical disks, and magnetic tapes; (11)(A) “Municipally owned utility system” means a utility system owned or operated by a municipality that provides: (i) Electricity; (ii) Water; (iii) Wastewater service; (iv) Cable television; or (v) Broadband service. (B) “Municipally owned utility system” includes without limitation a: (i) Consolidated waterworks system under the Consolidated Wa- terworks Authorization Act, § 25-20-301 et seq.; (ii) Utility system managed or operated by a nonproﬁt corporation under § 14-199-701 et seq.; and (iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.; (12) “Poll” means a series of communications: (A) Between: (i) One (1) or more persons paid by a public entity or agents or employees of that public entity; and (ii) One (1) or more members of the governing body of that public entity; (B) Concerning any matter on which official action will foreseeably be taken by the governing body; (C) To determine: (i) How the member of the governing body intends to vote; or (ii) Whether the member of the governing body supports or op- poses certain proposed action by the governing body; and (D) For the purpose of exercising a responsibility, authority, power, or duty of the governing body; (13) “Public entity” means: (A) A bureau, commission, or agency of the state; 188 25-19-103 STATE GOVERNMENT ### Page 198 (B) A political subdivision of the state, including municipalities, counties, and boards of education; and (C) All other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds; (14)(A) “Public meeting” means the formal gathering together, in a special or regular gathering, of a governing body, whether in person or remotely. (B) “Public meeting” does not include: (i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation; and (ii) A meeting of the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.; (15)(A) “Public records” means writings, recorded sounds, ﬁlms, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improve- ment district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records, including without limitation learning materials used in or maintained by a public school or public school district. (B) “Public records” does not mean software acquired by purchase, lease, or license; (16) “Public water system” means all facilities composing a system for the collection, treatment, and delivery of drinking water to the general public, including without limitation reservoirs, pipelines, rec- lamation facilities, processing facilities, distribution facilities, and regional water distribution districts under The Regional Water Distri- bution District Act, § 14-116-101 et seq.; (17) “Remotely” means through electronic means, including without limitation by telephone, video conference, or video broadcast; and (18) “Vulnerability assessment” means an assessment of the vulner- ability of a public water system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the public water system to provide a safe and reliable supply of drinking water as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Pub. L. No. 107-188. History. Acts 1967, No. 93, § 3; 1977, No. 652, § 1; 1981, No. 608, § 1; 1985, No. 468, § 1; A.S.A. 1947, § 12-2803; Acts 2001, No. 1653, § 1; 2003, No. 763, § 1; 2005, No. 259, § 1; 2007, No. 268, § 1; 2007, No. 998, § 1; 2009, No. 631, § 1; 2011, No. 99, § 1; 2011, No. 210, § 2; 2013, No. 235, § 1; 2015, No. 186, § 2; 189 25-19-103 FREEDOM OF INFORMATION ACT OF 1967 ### Page 199 2015, No. 881, § 1; 2015, No. 999, § 4; 2025, No. 179, § 20; 2025, No. 505, § 1; 2025, No. 649, §§ 3, 4. A.C.R.C. Notes. Acts 2025, No. 649, § 1, provided: “Title. This act shall be known and may be cited as the ‘Public School Access and Transparency Act’.” Acts 2025, No. 649, § 2, provided: “Leg- islative intent. The purpose of this act is to amend the Freedom of Information Act of 1967, § 25-19-101 et seq., to: “(1) Prevent the abuse of copyright claims by public records custodians for public schools; and “(2) Guarantee access to school learning materials, thus ensuring transparency and accountability in public education in the state.” Acts 2025, No. 649, § 6, provided: “Sev- erability. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.” Amendments. The 2009 amendment substituted “July 1, 2011” for “July 1, 2009” in (6)(B) and made a minor stylistic change. The 2011 amendment by No. 99 substi- tuted “July 1, 2013” for “July 1, 2011” in (6)(B). The 2011 amendment by No. 210 in- serted “or improvement district that is” in (5)(A). The 2013 amendment redesignated for- mer (6)(A) as (6), and deleted (6)(B). The 2015 amendment by No. 186 in- serted the deﬁnition for “Municipally owned utility system” and redesignated the remaining subdivisions accordingly; and in (7) [now (8)], substituted “without limitation” for “but not limited to” and added “and regional water distribution districts under The Regional Water Distri- bution District Act, § 14-116-101 et seq.” The 2015 amendment by No. 881 added the deﬁnition for “Disaster recovery sys- tem.” The 2015 amendment by No. 999 in- serted “except as otherwise provided by law and” in (1)(A). The 2025 amendment by No. 179 added “service” in (5)(A)(iii). The 2025 amendment by No. 505 re- wrote the section. The 2025 amendment by No. 649 added “including without limitation learning materials used in or maintained by a public school or public school district” in (15)(A); and added (9). U.S. Code. The Public Health Security and Bioterrorism Preparedness and Re- sponse Act of 2002, Pub. L. No. 107-188, referred to in the deﬁnition of “Vulnerabil- ity assessment” in this section, is codiﬁed throughout Titles 7, 18, 21, and 42 of the U.S. Code. Provisions in the act related to drinking water security and safety are codiﬁed in part as 42 U.S.C. § 300i-2 et seq. In 2018, 42 U.S.C. § 300i-2 was re- written and the term “vulnerability as- sessments” was replaced with the term “risk and resilience assessments.” Cross References. Access to criminal history information, § 12-12-1508. RESEARCH REFERENCES Ark. L. Rev. Recent Developments, Freedom of Information Act — Public Meetings Requirement, 57 Ark. L. Rev. 1015. CASE NOTES ANALYSIS Custodian. Public Funds. Public Meetings. Public Records. Custodian. Circuit court abused its discretion in issuing a permanent injunction in favor of plaintiff competitor under the Freedom of Information Act of 1967, § 25-19-101 et seq., because the plaintiff failed to sue an entity covered under FOIA; the competi- tor could not sue a private corporation alone under FOIA and direct it to produce public records it possessed by virtue of its contracts with counties because the pri- vate corporation was not the custodian of the public records. The circuit court’s con- 190 25-19-103 STATE GOVERNMENT ### Page 200 clusion that county officials were unneces- sary parties to a dispute over access to their public records was clearly erroneous. Apprentice Info. Sys. v. DataScout, LLC, 2018 Ark. 146, 544 S.W.3d 39 (2018). Public Funds. A private, nonproﬁt association of col- leges and secondary schools which was composed of public servants and accepted public moneys was subject to this chapter. North Cent. Ass’n of Colleges & Schools v. Troutt Bros., 261 Ark. 378, 548 S.W.2d 825 (1977). A ground lease between a city and the American Red Cross, wherein the city charged the Red Cross a one-dollar-per- year lease payment, did not qualify as support by public funds within the deﬁni- tion of “Public records” in this section. Sebastian County Chapter of Am. Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993). The plain language of the deﬁnition of “Public records” in this section conﬁrms that the General Assembly intended that direct public funding be required; had the General Assembly intended to extend this act to private organizations that receive any form of government assistance or sub- sidy, no matter how indirect, it would not have used the words “supported … by public funds” to describe the nature of support necessary to trigger this act. Se- bastian County Chapter of Am. Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993). Refusal to read indirect government beneﬁts or subsidies into the term “public funds” is not at odds with a liberal con- struction of this act. Sebastian County Chapter of Am. Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993). The term “public funds” should be given its plain and ordinary meaning which is best evidenced by Black’s Law Dictionary and the deﬁnition “moneys belonging to government.” Sebastian County Chapter of Am. Red Cross v. Weatherford, 311 Ark. 656, 846 S.W.2d 641 (1993). Public Meetings. Where committee of a state board meets to transact business, such meeting is a public meeting subject to the provisions of this chapter and a newspaper reporter must be permitted to attend. Ark. Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975). This section does not encompass staff meetings of the Department of Human Services held to develop a bid solicitation. National Park Medical Ctr. v. Ark. Dep’t of Human Servs., 322 Ark. 595, 911 S.W.2d 250 (1995). Where city board members held one-on- one meetings discussing the potential pur- chase of property, the meetings violated § 25-19-106(a) of the Arkansas Freedom of Information Act, § 25-19-101 et seq., because the members had made up their minds before the public meeting and, thus, the meetings constituted board meetings under the deﬁnition of “Public meetings” in this section. Harris v. City of Fort Smith, 359 Ark. 355, 197 S.W.3d 461 (2004). Public Records. Records of intercollegiate conference on the amount of money that its member institutions disbursed to its student ath- letes were not “educational” records under the Family Education Rights and Privacy Act of 1974, and were not closed to the public because they were not individual education or academic records; moreover, the conference was not entitled to exemp- tion from disclosure since it was partially supported by public funds, and the dues paid by some member institutions were from state funds so that the conference records came within the terms of this section. Ark. Gazette Co. v. Southern State College, 273 Ark. 248, 620 S.W.2d 258 (1981), cert. denied, 455 U.S. 931, 102 S. Ct. 1416, 71 L. Ed. 2d 640 (1982). Recorded votes of individual members of committee constituted a record of the performance or lack of performance of official functions carried out by the com- mittee, and where there was testimony that it was the general practice of the committee to retain mailout ballots used in voting on matters coming before the committee then, the vote slips at issue constituted public records which should have been retained. Depoyster v. Cole, 298 Ark. 203, 766 S.W.2d 606 (1989), over- ruled in part, Harris v. City of Fort Smith, 366 Ark. 277, 234 S.W.3d 875 (2006). Police crime scene photographs and pa- thologist photographs are “otherwise kept” for evidence in criminal cases as an “official function” of a police department, and are thus public records subject to the Freedom of Information Act. McCam- 191 25-19-103 FREEDOM OF INFORMATION ACT OF 1967 ### Page 201 bridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). Police investigation ﬁle with respect to the charges against defendant constituted “public records” as deﬁned in this section. Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990). Legal memoranda prepared by outside counsel for the City for litigation purposes are public records within the meaning of this chapter and are open to inspection. City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990). Inmate records appellee requested were “public records” since they were required to be kept by law. Furman v. Holloway, 312 Ark. 378, 849 S.W.2d 520 (1993). By requiring audits to be performed by a private auditing ﬁrm and not the state auditor, the state, in § 15-5-210, has elected to employ a private ﬁrm to per- form a task normally carried out by state employees or officials; thus, the audit working papers of the Legislative Joint Auditing Committee are considered public records subject to this chapter. Swaney v. Tilford, 320 Ark. 652, 898 S.W.2d 462 (1995). Deﬁnition of “public record” in this sec- tion does not require that the custodian be the person who actually keeps the docu- ment, nor does it say that the custodian must be required to keep the document. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Locus of a record is important only to determine whether the record falls under the presumption in the deﬁnition of “Pub- lic record” in the Arkansas Freedom of Information Act, and the deﬁnition of “public record” is not dependent upon who keeps the record or where it is kept, just that it either is required to be kept or is otherwise kept. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Where the records in question are es- tablished as “public records” pursuant to this section and not otherwise exempted from disclosure, the appropriate govern- mental agency shall have the responsibil- ity to provide reasonable access for exami- nation and copying of such public records which are in existence at the time of the request, as provided in § 25-19-105. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Circuit judge’s law clerk’s personal check was a public record under this sec- tion, and the circuit judge was its custo- dian and had to disclose the check to an attorney and his counsel pursuant to § 25-19-105 where the circuit judge in- structed his clerk to obtain copies of cer- tain documents from a federal court for use in contempt proceedings against the attorney, and where the attorney and his counsel sought disclosure of the check under FOIA. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Seed sample did not meet the deﬁnition of a “public record” because it could not be said to be an object on which records and information may be stored or represented; the list of items that could be mediums did not contain a seed or any other object, and removal and destructive testing of seed samples went far beyond the inspection and copying of public records. Nolan v. Little, 359 Ark. 161, 196 S.W.3d 1 (2004). Legal opinions rendered in tax cases under Gross Receipts Tax Rule G-75 are subject to disclosure to a company because they are “otherwise kept” public records under the deﬁnition of “Public records” in this section; however, any and all identi- fying facts and information have to be fully redacted under § 25-19- 105(f)(1)–(3). Moreover, the legal opinions are not conﬁdential because § 26-18- 303(a)(1) does not cover Gross Receipts Tax Rule G-75; state law does not require that the opinions be kept by or ﬁled with the Director of the Arkansas Department of Finance and Administration. Ryan & Co. AR, Inc. v. Weiss, 371 Ark. 43, 263 S.W.3d 489 (2007). Circuit court did not clearly err in ﬁnd- ing that the city clerk’s destruction of the adding-machine tape did not amount to a violation of the Freedom of Information Act of 1967 where the city clerk testiﬁed that the relevant numbers had been re- corded on other budget-meeting docu- ments, the adding-machine tape was not meaningful nor was it something the city ever kept, and she gave the plaintiff citi- zen everything she had when he asked for it; plaintiff failed to prove that the adding- machine tape was required to be kept. Pitchford v. City of Earle, 2019 Ark. App. 251, 576 S.W.3d 103 (2019). Circuit court erred in requiring the Sec- retary of Transformation and Shared Ser- vices to disclose communications between a former public official and a vendor’s employee and in not determining whether 192 25-19-103 STATE GOVERNMENT ### Page 202 each individual message met the statu- tory deﬁnition of a “public record” because the messages were individual, sent on different days, sent at different times, were not all interrelated and inextricably intertwined, and were capable of being sorted into private and public record cat- egories. Myers v. Fecher, 2021 Ark. 230, 635 S.W.3d 495 (2021). Cited: Legislative Joint Auditing Comm. v. Woosley, 291 Ark. 89, 722 S.W.2d 581 (1987); Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988); Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992); Stilley v. McBride, 332 Ark. 306, 965 S.W.2d 125 (1998); Ark. Dep’t of Fin. & Admin. v. Pharmacy Assocs., Inc., 333 Ark. 451, 970 S.W.2d 217 (1998); Lyon v. The Academy, Inc., 2024 Ark. App. 386, 689 S.W.3d 715 (2024). 25-19-105. Examination and copying of public records. (a)(1)(A) Except as otherwise speciﬁcally provided by this section or by laws speciﬁcally enacted to provide otherwise, all public records shall be open to inspection and copying, including without limitation copying through image capture, including still and moving photo- graphy and video and digital recording, by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (B) However, access to inspect and copy, including without limita- tion copying through image capture, including still and moving photography and video and digital recording, public records shall be denied to: (i) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (ii) The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person’s attorney who is requesting information that is subject to disclosure under this section. (2)(A) A citizen may make a request to the custodian to inspect, copy, including without limitation through image capture, including still and moving photography and video and digital recording, or receive copies of public records. (B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian. (C) The request shall be sufficiently speciﬁc to enable the custo- dian to locate the records with reasonable effort. (3) A custodian shall respond as follows in writing within the time period required under this section to a written request for public records: (A) If no records exist that are responsive to the request, the custodian shall respond that no records exist; (B) If any responsive records that exist are subject to exemptions under this chapter or other law, the custodian shall respond and identify the applicable exemptions; and (C) If the custodian lacks administrative control over any respon- sive records that may exist, the custodian shall respond and identify 193 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 203 the appropriate custodian to direct the request to, if known or readily ascertainable. (4) A custodian’s response under subdivision (a)(3) of this section may be delivered by electronic mail. (5) If a custodian knowingly fails to respond as required under subdivision (a)(3) of this section, he or she shall be subject to the penalties in § 25-19-104 for a violation of this chapter. (6) The requirements of this subsection do not affect the obligation of a custodian to immediately provide to the requestor any responsive records not in active use or storage. (b) It is the speciﬁc intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter: (1) State income tax records; (2) Medical records, adoption records, and education records as deﬁned in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, unless their disclosure is consistent with the provisions of that act; (3) The site ﬁles and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey; (4) Grand jury minutes; (5) Unpublished drafts of judicial or quasi-judicial opinions and decisions; (6) Undisclosed investigations by law enforcement agencies of sus- pected criminal activity; (7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General; (8) Documents that are protected from disclosure by order or rule of court; (9)(A) Files that if disclosed would give advantage to competitors or bidders; and (B)(i) Records maintained by the Arkansas Economic Development Commission related to any business entity’s planning, site location, expansion, operations, or product development and marketing, un- less approval for release of those records is granted by the business entity. (ii) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the Arkansas Economic Development Commission and otherwise disclosable under the provisions of this chapter; (10)(A) The identities of law enforcement officers currently working undercover with their agencies and identiﬁed in the Arkansas Mini- mum Standards Office as undercover officers. (B) Records of the number of undercover officers and agency lists are not exempt from this chapter; (11) Records containing measures, procedures, instructions, or re- lated data used to cause a computer or a computer system or network, 194 25-19-105 STATE GOVERNMENT ### Page 204 including telecommunication networks or applications thereon, to per- form security functions, including, but not limited to, passwords, personal identiﬁcation numbers, transaction authorization mecha- nisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; (12) Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; (13) Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county em- ployees contained in employer records, except that the custodian of the records shall verify an employee’s city or county of residence or address on record upon request; (14) Materials, information, examinations, and answers to examina- tions utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; (15) Military service discharge records or DD Form 214, the Certiﬁ- cate of Release or Discharge from Active Duty of the United States Department of Defense, ﬁled with the county recorder as provided under § 14-2-102, for veterans discharged from service less than seventy (70) years from the current date; (16) Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission; (17)(A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blue- prints, and plans containing information relating to security for any public water system or municipally owned utility system. (B) The records under subdivision (b)(17)(A) of this section include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system; (18) Records pertaining to the issuance, renewal, expiration, suspen- sion, or revocation of a license to carry a concealed handgun, or a present or past licensee under § 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: 195 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 205 (A) Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and (B) The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records; (19)(A) Except as provided in subdivision (b)(19)(B) of this section, personal information of current and former public water system customers and municipally owned utility system customers, includ- ing without limitation: (i) Home and mobile telephone numbers; (ii) Personal email addresses; (iii) Home and business addressees; and (iv) Customer usage data. (B) Personal information of a current or former water system customer or municipally owned utility system customer may be disclosed to: (i) The current or former water system customer, who may receive his or her own information; (ii) A person who serves as the attorney, guardian, or other representative of the current or former water system customer, who may receive the information of his or her client, ward, or principal; (iii) A tenant of the current or former water system customer or municipally owned utility system customer, who may receive notice of pending termination of service; (iv) A federal or state office or agency for the purpose of partici- pating in research being conducted by such federal or state office or agency, if the federal or state office or agency agrees to prohibit disclosure of the personal information; (v) For the purpose of facilitating a shared billing arrangement, a county, municipality, improvement district, urban service district, public utility, public facilities board, or public water authority that provides or provided a service to the current or former water system customer or municipally owned utility system customer; or (vi) An agent or vendor of the water system or municipally owned utility system that provides a billing or administrative service to the water system or municipally owned utility system provided that the agent or vendor and the water system or municipally owned utility system enter an agreement that prohibits disclosure by the agent or vendor of the water system or municipally owned utility system of the personal information of a current or former water system customer or municipally owned utility system customer to any other person; (20) Electronic data information maintained by a disaster recovery system; (21) The date of birth, home address, email address, phone number, and other contact information from county or municipal parks and recreation department records of a person who was under eighteen (18) years of age at the time of the request made under this section; 196 25-19-105 STATE GOVERNMENT ### Page 206 (22)(A) Information related to taxes collected by particular entities under § 26-74-501 et seq.; the Advertising and Promotion Commis- sion Act, § 26-75-601 et seq.; and § 26-75-701 et seq. (B) However, this exemption does not apply to information or other records regarding the total taxes collected under § 26-74-501 et seq.; the Advertising and Promotion Commission Act, § 26-75-601 et seq.; and § 26-75-701 et seq. in the county or municipality as a whole; (23)(A) Undisclosed and ongoing investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division. (B) Completed investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division or investigations by the Alcoholic Beverage Control Board, Alcoholic Beverage Control Division, or Alcoholic Beverage Control Enforcement Division that have been provided to the person or entity under investigation are subject to disclosure under this section; (24)(A) When the custodian is a governmental entity that has knowledge of the individual’s assistance as described in this subdi- vision (b)(24)(A), information that could reasonably be used to iden- tify an individual who is assisting or has assisted a governmental entity in one (1) or more investigations, whether open or closed, of matters that are criminal in nature, if disclosure of the individual’s identity could reasonably be expected to endanger the life or physical safety of the individual or a member of the individual’s family within the ﬁrst degree of consanguinity and: (i) The individual is a conﬁdential informant; (ii) The individual is a conﬁdential source; or (iii) The individual’s assistance is or was provided under the assurance of conﬁdentiality. (B) As used in this subdivision (b)(24), “information that could reasonably be used to identify an individual” includes the following: (i) The individual’s name; (ii) The individual’s date of birth; (iii) A physical description of the individual that could reasonably be used to identify him or her; (iv) The individual’s Social Security number, driver’s license num- ber, or other government-issued number speciﬁc to him or her; (v) The individual’s work or personal contact information; and (vi) Any other information about the individual that could reason- ably be used to identify the individual; (25)(A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blue- prints, and plans containing information relating to security for any medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor. (B) The records under subdivision (b)(25)(A) of this section include: (i) Risk and vulnerability assessments; 197 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 207 (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; (v) Plans and related information for generation, transmission, and distribution systems; and (vi) Other information that, if disclosed, would jeopardize or com- promise efforts to secure and protect the security of a medical marijuana cultivation facility, marijuana dispensary, or marijuana laboratory processor; (26)(A) Ballots, other than sample ballots, unless otherwise ordered by a court of law. (B) Subdivision (b)(26)(A) of this section does not apply to a poll watcher during an election, who shall be allowed to inspect a voter statement and ballot while ensuring the secrecy of the vote is maintained and subject to reasonable restrictions prescribed by the State Board of Election Commissioners; and (27) Records that reﬂect the planning or provision of security ser- vices provided to the: (A) Governor; or (B) Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals. (c)(1) Notwithstanding subdivision (b)(12) of this section, all em- ployee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon ﬁnal administrative resolution of any suspension or termination pro- ceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. (2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person’s designated representative. (3)(A) Except as stated under subdivision (c)(4) of this section, upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. (B)(i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may, before the close of the Attorney General’s office the following business day, seek an opinion from the Attorney 198 25-19-105 STATE GOVERNMENT ### Page 208 General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. (C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian’s decision or the decision of the Attorney General. (4) If a request for public records seeks only the gross salary of a public employee or a set of public employees, then the: (A) Records custodian is not required to notify the public employee or set of public employees before disclosing the gross salary amount; and (B) Public employee whose gross salary is the subject of the request for public records is not entitled to seek an opinion from the Attorney General under subdivision (c)(3)(B) of this section. (d)(1) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, those records shall not be denied to any citizen. (2)(A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment. (B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian’s existing software. (C) A custodian is not required to compile information or create a record in response to a request made under this section. (3)(A)(i) Except as provided in § 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-ﬁve dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (v) Except as provided in § 25-19-109, the custodian may not charge a fee for the requestor’s inspection or copying, including without limitation copying through image capture, including still and 199 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 209 moving photography and video and digital recording, of public records. (B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section. (e) If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. (f)(1) No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information. (2) Any reasonably segregable portion of a record shall be provided after deletion of the exempt information. (3) The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. (4) If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, including without limitation copying through image capture, including still and moving photography and video and digital recording, or obtain copies of public records, the custodian shall bear the cost of the separation. (g) Any computer hardware or software acquired by an entity subject to § 25-19-103(15)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. (h) Notwithstanding any Arkansas law to the contrary, at the con- clusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, § 26-18-101 et seq. (i)(1) Access to learning materials, as deﬁned in § 25-19-103, shall not be denied to any resident on the grounds that disclosure, inspection, or copying of the learning materials would constitute an infringement of copyright under federal law. (2) A custodian of learning materials shall not enter into an agree- ment or contract that purports to restrict public access to learning materials based on intellectual property rights or any similar legal theory. (3)(A) A person who receives access to copyrighted learning mat- erials under this section shall not publish, distribute, or utilize the copyrighted learning materials for any purpose other than public inspection. (B) Any copies of copyrighted learning materials under this section shall not exceed any amounts permissible under fair use provisions of 200 25-19-105 STATE GOVERNMENT ### Page 210 the copyright laws of the United States under 17 U.S.C. § 101 et seq., as it existed on January 1, 2025. (4)(A) Consistent with subsection (g) of this section, access for public inspection shall not be denied to digital learning materials, including without limitation subscription-based services or other programs that can be accessed with personal electronic devices. (B) To the extent that copying digital learning materials under subdivision (i)(4)(A ) of this section is impractical, a resident request- ing to copy the digital learning materials shall be provided the opportunity to physically inspect the digital learning materials during normal business hours. (5)(A) Subject to subdivision (i)(2) of this section, access to learning materials, including without limitation the physical inspection of digital learning materials, for public inspection shall not be condi- tioned upon a resident seeking access to the learning materials being required to enter into any form of nondisclosure agreement or waiver of rights under this chapter. (B) For purposes of this section, “nondisclosure agreement” means a conﬁdentiality agreement or contract provision that prohibits the disclosure of information by a party to the contract to a third party. History. Acts 1967, No. 93, § 4; 1977, No. 652, § 2; A.S.A. 1947, § 12-2804; Acts 1987, No. 49, § 1; 1989 (3rd Ex. Sess.), No. 8, § 1; 1993, No. 895, § 1; 1997, No. 540, § 52; 1997, No. 873, § 1; 1997, No. 1335, § 1; 1999, No. 1093, § 1; 2001, No. 1259, § 1; 2001, No. 1336, § 1; 2001, No. 1653, § 2; 2003, No. 213, § 1; 2003, No. 275, § 2; 2003, No. 763, § 2; 2003, No. 1214, § 1; 2005, No. 259, § 2; 2005, No. 2003, § 1; 2007, No. 268, § 2; 2007, No. 726, §§ 1, 2; 2007, No. 998, § 2; 2009, No. 631, § 2; 2009, No. 1291, § 1; 2011, No. 99, § 2; 2011, No. 168, § 1; 2013, No. 145, § 1; 2013, No. 235, § 2; 2013, No. 411, § 1; 2015, No. 186, § 3; 2015, No. 881, § 2; 2015, No. 1015, § 1; 2015, No. 1102, § 1; 2017, No. 711, § 1; 2019, No. 392, § 6; 2019, No. 568, § 1; 2019, No. 910, § 3585; 2019, No. 1012, § 1; 2019, No. 1034, § 1; 2021, No. 310, §§ 2-5; 2021, No. 658, § 1; 2021, No. 727, § 1; 2023, No. 36, § 1; 2023, No. 879, §§ 1, 2; 2023 (1st Ex. Sess.), No. 7, § 3; 2025, No. 649, § 5. A.C.R.C. Notes. Acts 2015, No. 1137, § 1, provided: “6-60-108. Audit records. “(a)(1) After an audit report is pre- sented to the governing board of the insti- tution of higher education, the audit re- port and copies of any documents contained in the working papers related to the audit report are open to public inspec- tion under the Freedom of Information Act of 1967, § 25-19-101 et seq., except: “(A) Documents speciﬁcally exempt from disclosure under the Freedom of In- formation Act of 1967, § 25-19-101 et seq.; and “(B) Documents that disclose auditing procedures and techniques, including the following: “(i) Internal control questionnaires consisting of the checklist of accounting and administrative procedures employed by auditors in the course of performing an audit; and “(ii) The instructions and guidelines provided by or to the auditors about the examination procedures to be followed in the course of examining records and ac- counts to verify their accuracy, including veriﬁcations that the examination proce- dures have been followed. “(2) The documents described in subdi- vision (a)(1)(B) of this section are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. “(b)(1) Until an audit report has been presented to the governing board of the institution of higher education, all work- ing papers, including without limitation communications, notes, memoranda, pre- liminary drafts of audit reports, and other data gathered in the preparation of audit reports by auditors employed by or on 201 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 211 behalf of a governing board of an institu- tion of higher education, are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. “(2) The exemption provided under this section applies to all working papers in the custody or possession of any person before presentation of the audit report to the governing board of the institution of higher education regardless of the actual physical location of the report. “(c) As used in this section, ‘audit’ means a ﬁnancial audit, performance au- dit, technology audit, review, report of agreed-upon procedures, compilation, ex- amination, investigation, or other report or procedure approved by the governing board of an institution of higher educa- tion.” Acts 2023 (1st Ex. Sess.), No. 7, § 5, provided: “This act does not limit the ability of Arkansas Legislative Audit to report information it obtains to the Arkan- sas General Assembly.” The reference to the Arkansas Minimum Standards Office in subdivision (b)(10)(A) of this section may be a reference to the Arkansas Commission on Law Enforce- ment Standards and Training or the Divi- sion of Law Enforcement Standards and Training, as this office is not created by statute. Acts 2019, No. 910, § 5733, trans- ferred the administrative functions of the commission to the Department of Public Safety and created the division. See §§ 25-43-1402 and 25-43-1404. The divi- sion exercises certain powers and duties in conjunction with the commission. See generally § 12-9-101 et seq. Acts 2025, No. 649, § 1, provided: “Title. This act shall be known and may be cited as the ‘Public School Access and Transpar- ency Act’.” Acts 2025, No. 649, § 2, provided: “Leg- islative intent. The purpose of this act is to amend the Freedom of Information Act of 1967, § 25-19-101 et seq., to: “(1) Prevent the abuse of copyright claims by public records custodians for public schools; and “(2) Guarantee access to school learning materials, thus ensuring transparency and accountability in public education in the state.” Acts 2025, No. 649, § 6, provided: “Sev- erability. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.” Amendments. The 2009 amendment by No. 631 substituted “July 1, 2011” for “July 1, 2009” in (b)(18)(C) and made a minor stylistic change. The 2009 amendment by No. 1291 added (b)(19) and made related changes. The 2011 amendment by No. 99 substi- tuted “July 1, 2013” for “July 1, 2011” in (b)(18)(C). The 2011 amendment by No. 168 redes- ignated former (a)(1)(B)(i)(a) and (b) as (a)(1)(B)(i) and (ii), and deleted former (a)(1)(B)(ii); deleted “of the Department of Correction and the Department of Com- munity Correction” following “public re- cords” in present (a)(1)(B); and substi- tuted “(a)(1)(B)(i)” for “(a)(1)(B)(i)(a)” in present (a)(1)(B)(ii). The 2013 amendment by No. 145 sub- stituted “government or” for “govern- ments” in the introductory language of (b)(19); in (b)(19)(A), substituted “to as- sist” for “for the purpose of assisting” and “to determine the” for “for determining”; substituted “The name” for “Names” in (b)(19)(B); and deleted (b)(19)(C). The 2013 amendment by No. 235 sub- stituted “under (b)(18)(A)” for “shall” in (b)(18)(B); and deleted former (b)(18)(C). The 2013 amendment by No. 411, in (b)(13), added “Personal contact informa- tion, including without limitation home or mobile telephone numbers, personal email addresses, and” at the beginning and inserted “nonelected school employ- ees” following “nonelected municipal em- ployees.” The 2015 amendment by No. 186 added “or municipally owned utility system” to the end of (b)(18)(A); redesignated former (b)(18)(B)(v) as (b)(18)(B)(vi); inserted present (b)(18)(B)(v); added “or munici- pally owned utility system” to the end of (b)(18)(B)(vi); and added (b)(20). The 2015 amendment by No. 881 added (b)(21). The 2015 amendment by No. 1015 added (b)(22). The 2015 amendment by No. 1102 added (b)(23). The 2017 amendment redesignated for- mer (b)(20) as (b)(20)(A); added “Except as provided in subdivision (b)(20)(B) of this 202 25-19-105 STATE GOVERNMENT ### Page 212 section” in (b)(20)(A); and added (b)(20)(B). The 2019 amendment by No. 392 re- pealed former (b)(17). The 2019 amendment by No. 568 added (b)(24) [now (b)(23)]. The 2019 amendment by No. 910 sub- stituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b)(3). The 2019 amendment by No. 1012 added (b)(25) [now (b)(24)]. The 2019 amendment by No. 1034 added (b)(26) [now (b)(25)]. The 2021 amendment by No. 310 in- serted “including without limitation copy- ing through image capture, including still and moving photography and video and digital recording” in (a)(1)(A), (a)(1)(B), (a)(2)(A), (d)(1), and (f)(4); and added (d)(3)(A)(v). The 2021 amendment by No. 658 added “Except as stated under subdivision (c)(4) of this section” in (c)(3)(A); and added (c)(4). The 2021 amendment by No. 727 added (b)(27) [now (b)(26)]. The 2023 amendment by No. 36 substi- tuted “before the close of the Attorney General’s office the following business day” for “immediately” in the second sen- tence of (c)(3)(B)(i). The 2023 amendment by No. 879 re- wrote (a)(3) and added (a)(4) through (a)(6). The 2023 (1st Ex. Sess.) amendment added (b)(28) [now (b)(27)]. The 2025 amendment added (i). Cross References. Conﬁdentiality of military discharge records, § 14-2-102(c)- (e). Disposition of criminal data to the cen- tral repository, § 12-12-1505. Dissemination of criminal history infor- mation, requirements and exceptions, § 12-12-1504. Effective Dates. Acts 2023 (1st Ex. Sess.), No. 7, § 4(b), provided: “Arkansas Code § 25-19-105(b)(28)(A) [now (b)(27)(A)], created in Section 3 of this act, is retroactive to June 1, 2022.” RESEARCH REFERENCES ALR. Disclosure of Electronic Data un- der State Public Records and Freedom of Information Acts. 54 A.L.R.6th 653. Disclosure, Under State Freedom of In- formation or Records Act, of Video Ob- tained by Police or Other Law Enforce- ment Authorities from Dash Camera, Mobile Video Recorder, or Security or Sur- veillance Camera. 48 A.L.R.7th Art. 2 (2020). Construction and Application of Public Domain Doctrine Allowing Courts to Dis- regard FOIA Law Enforcement Exemp- tion Based on Prior Public Release of Requested Records. 3 A.L.R. Fed. 3d Art. 5 (2015). Construction and Application of Public Domain or Official Acknowledgment Doc- trine Allowing Courts to Disregard FOIA Exemption, Other Than Law Enforcement Exemption, Based on Prior Public Release of Requested Records. 17 A.L.R. Fed. 3d Art. 1 (2016). Disclosure of Surveillance Records Un- der Freedom of Information Act, 5 U.S.C. § 552(b)(7)(E). 64 A.L.R. Fed. 3d Art. 8 (2021). Deliberative Process Exemption from Freedom of Information Act, 5 U.S.C. § 552(b) –– Draft Documents and Notes. 69 A.L.R. Fed. 3d Art. 2 (2022). U. Ark. Little Rock L.J. Survey — Miscellaneous, 10 U. Ark. Little Rock L.J. 593. Brooks, Adventures in Cyber-Space: Computer Technology and the Arkansas Freedom of Information Act, 17 U. Ark. Little Rock L.J. 417. U. Ark. Little Rock L. Rev. Survey of Legislation, 2003 Arkansas General As- sembly, State Government, Freedom of Information Act, 26 U. Ark. Little Rock L. Rev. 493. Survey of Legislation, 2003 Arkansas General Assembly, Local Government, Protection for Veterans, 26 U. Ark. Little Rock L. Rev. 433. J. Lyn Entrikin, The Right of Privacy in Arkansas: A Progressive State, 35 U. Ark. Little Rock L. Rev. 439 (2013). D. Franklin Arey, III, Legislative Over- sight Proceedings of the Arkansas Gen- eral Assembly: Issues and Procedures, 45 U. Ark. Little Rock L. Rev. 593 (2023). 203 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 213 CASE NOTES ANALYSIS Constitutionality. In General. Construction. Applicability. Attorney-Client Privilege. Attorney General. Competitor. Defendants. Driver’s Privacy Protection Act. Exempted Records. Investigation Files. Medical Records. Medium and Format. Parties Entitled. Personnel Records. Ratepayer’s Address. Records Subject to Inspection. Redaction. Regular Business Hours. Constitutionality. There is a rational basis for exempting the working papers of the governor, the legislators, and the supreme court justices from public disclosure. Such protection promotes and encourages free exchange of thought in each of the three branches of government. McCambridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). The attorney-client privilege has no ap- plication outside of court proceedings and, therefore, cannot create an exception to the Freedom of Information Act. McCam- bridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). Subdivision (a)(1)(B) of this section, which permits an incarcerated felon to request information of public record only through an attorney, did not violate the inmate’s due process right to access the courts because the inmate suffered no actual injury from the statute, as he had rights available to him through habeas petition. Holt v. Howard, 806 F.3d 1129 (8th Cir. 2015). Subdivision (a)(1)(B) of this section, which permits an incarcerated felon to request information of public record only through an attorney, does not violate the Fourteenth Amendment’s Equal Protec- tion Clause because the statute is ratio- nally related to preventing the use of records to harass or threaten victims or witnesses and to conserving government resources. Holt v. Howard, 806 F.3d 1129 (8th Cir. 2015). In General. Generally, all public records are avail- able for inspection under the Freedom of Information Act; exceptions are spelled out in this section. City of Fayetteville v. Rose, 294 Ark. 468, 743 S.W.2d 817 (1988). This chapter does not require a court to provide, free of charge, a copy of material on ﬁle with the court; a petitioner is not entitled to photocopying at public expense unless he demonstrates some compelling need for speciﬁc documentary evidence to support an allegation contained in a peti- tion for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996). Construction. The Freedom of Information Act should be broadly construed in favor of disclo- sure, and exceptions construed narrowly in order to counterbalance the self-protec- tive instincts of the governmental bureau- cracy. McCambridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989); Bry- ant v. Mars, 309 Ark. 480, 830 S.W.2d 869 (1992). Acts 1989 (3rd Ex. Sess.), No. 8 was not merely remedial or procedural in nature, but created new exemptions from public disclosure which did not exist before. Stat- utes which are remedial or procedural generally supply new, different, or more appropriate remedies which relate to ex- isting rights, and do not create new rights or extinguish old ones. Gannett River States Publ’g Co. v. Ark. Indus. Dev. Comm’n, 303 Ark. 684, 799 S.W.2d 543 (1990). Any exemption from disclosure is to be narrowly construed, and when the scope of an exemption is unclear or ambiguous, the court will interpret it in a manner that favors disclosure. Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992). Exemptions to the Freedom of Informa- tion Act are to be narrowly construed. Troutt Bros., Inc. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992); Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992). The court’s policy regarding this chap- ter has been enunciated clearly in our case 204 25-19-105 STATE GOVERNMENT ### Page 214 law — it will interpret it liberally to accomplish the purpose of promoting free access to public information. Johninson v. Stodola, 316 Ark. 423, 872 S.W.2d 374 (1994). After reviewing §§ 25-19-102, 25-19- 106, and this section, the court found nothing in the Freedom of Information Act that speciﬁes that the communications media by which the public’s business is conducted are limited to publicly owned communications; thus, the court rejected a state employee’s claim that the em- ployee was asked to violate the law by communicating with the governor via a private email address and, thus, the em- ployee’s subsequent resignation was vol- untary without good cause and the em- ployee was not entitled to beneﬁts under § 11-10-513(a)(1). Bradford v. Dir., Empl. Sec. Dep’t, 83 Ark. App. 332, 128 S.W.3d 20 (2003). Trial court erred by ﬁnding that the driver received a timely and compliant response from appellees because the re- sponse, refusing to comply with the re- quest on the ground that it was too broad and too burdensome, was in direct conﬂict with the Freedom of Information Act (FOIA) and with the court’s case law in- terpreting the FOIA. Daugherty v. Jack- sonville Police Dep’t, 2012 Ark. 264, 411 S.W.3d 196 (2012). Plain reading of subdivision (a)(2)(A) of this section clearly permits a citizen to make three independent types of requests under FOIA, § 25-19-101 et seq.: (1) re- quest the custodian to allow him or her to inspect the public record; (2) request the custodian to allow him or her to copy the public record; or (3) request the custodian to make a copy and give that copy to him or her. Motal v. City of Little Rock, 2020 Ark. App. 308, 603 S.W.3d 557 (2020). Under the plain language of subdivision (a)(2)(A) of this section, a citizen has the right under FOIA, § 25-19-101 et seq., to make a copy of a public record. Motal v. City of Little Rock, 2020 Ark. App. 308, 603 S.W.3d 557 (2020). In keeping with the mandate to inter- pret FOIA, § 25-19-101 et seq., liberally to accomplish the purpose of promoting free access to public information, the term “copy” should be liberally interpreted to include the taking of a photograph; thus, under FOIA, a citizen has a right to take a photograh of the public document with a cell phone. Motal v. City of Little Rock, 2020 Ark. App. 308, 603 S.W.3d 557 (2020). Subdivision (c)(3)(A) of this section pro- vides that on receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within 24 hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. By the plain language of the statute, the evaluation by the custodian required under subdivision (c)(3)(A) is conducted on the receipt of the request and therefor must be conducted before either a custodian makes a copy or allows a citizen to make the copy of the record. Motal v. City of Little Rock, 2020 Ark. App. 308, 603 S.W.3d 557 (2020). Applicability. Acts 1989 (3rd Ex. Sess.), No. 8 contains neither express language nor clear impli- cation mandating retroactive effect, and operates prospectively only. Gannett River States Publ’g Co. v. Ark. Indus. Dev. Comm’n, 303 Ark. 684, 799 S.W.2d 543 (1990). In order to invoke a narrowly construed exemption under this chapter, the circuit court must peruse the pertinent data in question in order to make an informed decision. Johninson v. Stodola, 316 Ark. 423, 872 S.W.2d 374 (1994). The circuit court must review the rel- evant ﬁles in camera in order to make its decision that the exemption of subdivision (b)(6) of this section applies across the board to those ﬁles. Johninson v. Stodola, 316 Ark. 423, 872 S.W.2d 374 (1994). Where the records in question are es- tablished as “public records” pursuant to § 25-19-103 of the Arkansas Freedom of Information Act and not otherwise ex- empted from disclosure, the appropriate governmental agency shall have the re- sponsibility to provide reasonable access for examination and copying of such pub- lic records which are in existence at the time of the request, as provided in this section. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Circuit judge’s law clerk’s personal check was a public record under the Ar- kansas Freedom of Information Act 205 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 215 (FOIA), § 25-19-101 et seq., and the cir- cuit judge was its custodian under § 25- 19-103(1) and had to disclose the check to an attorney and his counsel pursuant to this section where the circuit judge in- structed his clerk to obtain copies of cer- tain documents from a federal court for use in contempt proceedings against the attorney, and where the attorney and his counsel sought disclosure of the check under FOIA. Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). Seed sample did not meet the deﬁnition of a “public record” under § 25-19-103 because it could not be said to be an object on which records and information may be stored or represented; the list of items that could be mediums did not contain a seed or any other object, and removal and destructive testing of seed samples went far beyond the inspection and copying of public records. Nolan v. Little, 359 Ark. 161, 196 S.W.3d 1 (2004). Because not all of the emails that were requested by a newspaper were “public records” pursuant to subdivision (a)(1)(A) of this section, but there was not enough evidence to discern which of them were “public records”, an in camera review was needed to make that determination. The deﬁnition of “public records” under the Freedom of Information Act, § 25-19-101 et seq., was content-driven, and the only way to determine the content was to ex- amine the emails because an analysis of messages based solely on the context in which they were created, without an ex- amination of the content of the messages, was insufficient to determine whether the messages were “public records”. Pulaski County v. Ark. Democrat-Gazette, Inc., 370 Ark. 435, 260 S.W.3d 718 (2007). Trial court erred by ﬁnding that appel- lees’ requirement that the driver pay a deposit of $2,475 to obtain the requested records did not violate the Freedom of Information Act because § 25-19-109 did not apply, as the driver stated that she requested only copies of the recordings and did not ask for any type of special conversion or any type of compilation. The applicable provision to the driver’s re- quest was subsection (d) of this section, as she simply requested a copy of the ﬁles, and therefore appellees could not charge fees that exceeded the cost of reproduction and could not include the hourly rate of a captain in assessing costs to the driver. Daugherty v. Jacksonville Police Dep’t, 2012 Ark. 264, 411 S.W.3d 196 (2012). When a teacher made a Freedom of Information Act (FOIA) request to a school district (district) after the teacher was terminated, and the denial of that request was reviewed in the same case in which the termination was contested, a trial court had no jurisdiction to grant the district’s renewed motion for a protective order because (1) the order was sought under Ark. R. Civ. P. 26(c), which was independent of the FOIA, and (2) the renewed motion initiated no FOIA case, as the district was the records custodian and only a citizen could seek review of the denial of an FOIA request, and the motion was litigated while the termination case was on appeal. Hollis v. Fayetteville Sch. Dist. No. 1, 2016 Ark. App. 132, 485 S.W.3d 280 (2016). Contrary to the district court clerk’s contention, the request for all court re- cords of a speciﬁc individual was not a request for “compiled information”; the process needed to identify and copy the requested records was not akin to select- ing certain information from multiple cases and then aggregating or reformulat- ing that information into a new court record. Thus, the request was not gov- erned by any of the access limitations described in Ark. Admin. Order No. 19, the Arkansas Freedom of Information Act applied, and while a custodian was not required to compile information or create a record in response to a FOIA request, that exemption did not apply here. Jones v. Prof’l Background Screening Ass’n, 2020 Ark. 362, 610 S.W.3d 640 (2020). Attorney-Client Privilege. There is no attorney-client privilege or attorney work product exemption under this chapter. City of Fayetteville v. Ed- mark, 304 Ark. 179, 801 S.W.2d 275 (1990). Litigation ﬁles prepared by an attorney hired by private medical malpractice li- ability insurance carriers to represent three doctors who worked for the state university were not subject to disclosure under the Freedom of Information Act, §§ 25-19-101 to 25-19-110, because the documents were not public records for purposes of subdivision (a)(1)(A) of this section. As the doctors were sued in their personal capacity, simply changing the 206 25-19-105 STATE GOVERNMENT ### Page 216 records request to name the doctors in their official capacity did not convert the documents from private to public; the documents were also attorney work-prod- uct and subject to the attorney-client privilege. Harrill & Sutter, PLLC v. Far- rar, 2012 Ark. 180, 402 S.W.3d 511 (2012). Attorney General. The term “Attorney General” as used in this section refers to the office as opposed to an individual, including not only the individual holding the elective office but also his authorized deputies and represen- tatives. Bryant v. Mars, 309 Ark. 480, 830 S.W.2d 869 (1992). The working papers of an outside con- sultant retained by the Attorney General, are also exempt from the Freedom of In- formation Act as working papers of the Attorney General. Bryant v. Mars, 309 Ark. 480, 830 S.W.2d 869 (1992). Competitor. Categorizing members of the public who may wish to learn of, and/or disagree with, actions of public officials, even to the point of litigation, does not make such a person or entity a “competitor” as envisioned by this chapter. City of Fayetteville v. Ed- mark, 304 Ark. 179, 801 S.W.2d 275 (1990). A state agency can claim the competi- tive advantage exception on behalf of the person who supplied the information. Ark. Dep’t of Fin. & Admin. v. Pharmacy As- socs., Inc., 333 Ark. 451, 970 S.W.2d 217 (1998). The Department of Finance and Admin- istration (DF&A) was not required to fully disclose a company’s successful bid pro- posal to the DF&A since the bid proposal fell under the competitive advantage ex- ception and since disclosure would not only be detrimental to the successful bid- der, but also to the DF&A in the quality of information it would receive to requests for proposals in the future. Ark. Dep’t of Fin. & Admin. v. Pharmacy Assocs., Inc., 333 Ark. 451, 970 S.W.2d 217 (1998). In a Freedom of Information Act case, where the Arkansas Department of Com- merce, Division of Workforce Services, sought to protect certain information re- quested by plaintiff, the circuit court prop- erly refused to apply the exemption in subdivision (b)(9)(A) of this section, for ﬁles that would give advantage to com- petitors or bidders if disclosed, because applicants for unemployment beneﬁts were not “competitors” or “bidders” within the plain language of the exemption. Ark. DOC v. Legal Aid of Ark., 2022 Ark. 130, 645 S.W.3d 9 (2022). Defendants. Pursuant to this section, while the con- tractor possessed the records requested, it was not an entity covered by the Freedom of Information Act (FOIA), § 25-19-101 et seq., which would render it subject to suit under the FOIA; therefore, the associa- tion’s suit was reversed and dismissed. Nabholz Constr. Corp. v. Contractors for Pub. Prot. Ass’n, 371 Ark. 411, 266 S.W.3d 689 (2007). Circuit court abused its discretion in issuing a permanent injunction in favor of plaintiff competitor under the Freedom of Information Act of 1967, § 25-19-101 et seq., because the plaintiff failed to sue an entity covered under FOIA; the competi- tor could not sue a private corporation alone under FOIA and direct it to produce public records it possessed by virtue of its contracts with counties because the pri- vate corporation was not the custodian of the public records. The circuit court’s con- clusion that county officials were unneces- sary parties to a dispute over access to their public records was clearly erroneous. Apprentice Info. Sys. v. DataScout, LLC, 2018 Ark. 146, 544 S.W.3d 39 (2018). Driver’s Privacy Protection Act. Unredacted access to certain accident reports should have been granted to an attorney seeking clients for his law prac- tice because the Driver’s Privacy Protec- tion Act, 18 U.S.C. §§ 2721–2725, did not prohibit information contained in such reports from being released under the Freedom of Information Act. A vehicle accident report is not included in the deﬁ- nition of a “motor vehicle record,” regard- less of whether, as a matter of conve- nience, some of the information included in an accident report may be taken from or veriﬁed by a database maintained by the Office of Motor Vehicles. Moreover, “per- sonal information” does not include infor- mation on vehicular accidents. Ark. State Police v. Wren, 2016 Ark. 188, 491 S.W.3d 124 (2016), cert. denied, 580 U.S. 1048, 137 S. Ct. 623, 196 L. Ed. 2d 515 (2017). 207 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 217 Exempted Records. Public access must be afforded only to those records statutorily required to be kept by public agencies and lists of recipi- ents of complimentary football tickets kept by state university, since not re- quired by statute, need not be opened to public. McMahan v. Board of Trustees, 255 Ark. 108, 499 S.W.2d 56 (1973). An order sealing a written pretrial mo- tion was exempted from inspection or copying under this section. Ark. News- paper, Inc. v. Patterson, 281 Ark. 213, 662 S.W.2d 826 (1984). This section does not exempt working papers of employees of a legislative com- mittee, only those of the legislator; there- fore, the working papers of an auditor who was a state employee were not exempt. Legislative Joint Auditing Comm. v. Woo- sley, 291 Ark. 89, 722 S.W.2d 581 (1987). The law enforcement exception to the Freedom of Information Act includes only agencies which investigate suspected criminal activity under the State Penal Code and have enforcement powers; therefore, the law enforcement exemption does not apply to state auditors working for the Legislative Joint Auditing Com- mittee. Legislative Joint Auditing Comm. v. Woosley, 291 Ark. 89, 722 S.W.2d 581 (1987). Records not of an “undisclosed investi- gation” are public and available for exami- nation. City of Fayetteville v. Rose, 294 Ark. 468, 743 S.W.2d 817 (1988). Real estate appraisals did not amount to working papers, correspondence, and unpublished memoranda of the Attorney General. Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988). Disclosures requested held not pro- tected by exception in subdivision (b)(8) of this section. Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988). Exclusion in subdivision (b)(9) is in- tended to prevent competitors from ob- taining information about others seeking the same type of work or furnishing mat- erial to the state. Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988). Attorney-client privilege is not one of exceptions of this section. Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988). Applying the general rule of prospectiv- ity which governs interpretation of stat- utes, the application of the May 14, 1990, version of Rule 7 of the Rules of the Judicial Discipline & Disability Commis- sion is prospective, and thus the Judicial Discipline & Disability Commission is not required to divulge its actions prior to that time which were protected under the for- mer rule and statute. Gannett River States Publ’g Co. v. Ark. Judicial Disci- pline & Disability Comm’n, 304 Ark. 244, 801 S.W.2d 292 (1990). Because only the General Assembly can create exceptions to this chapter, a statute must speciﬁcally provide for nondisclo- sure before a court will exempt a public record from the chapter. Troutt Bros., Inc. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992). There must be a speciﬁc statutory man- date to exempt public records from disclo- sure. Byrne v. Eagle, 319 Ark. 587, 892 S.W.2d 487 (1995). The home addresses of 2 police officers, which were sought by the plaintiff in a civil action so as to decrease his cost of service of process, were exempt from dis- closure as an unwarranted invasion of personal privacy. Stilley v. McBride, 332 Ark. 306, 965 S.W.2d 125 (1998). Circuit court properly denied an attor- ney’s request for information under the employee-evaluation/job-performance ex- emption in subdivision (c)(1) of this sec- tion, because the records of a decision to suspend or terminate a police officer fol- lowing an investigation into a citizen’s complaint by one of the attorney’s clients were job-performance records that were not subject to release where the officer was not on duty during the encounters, the client was not arrested, and there was no decision to suspend or terminate the officer. Hyman v. Sadler, 2018 Ark. App. 82, 539 S.W.3d 642 (2018). School district properly withheld re- cords pertaining to investigations involv- ing two altercations that occurred be- tween a student and teachers where the records ﬁt within the deﬁnition of em- ployee-evaluation and job-performance re- cords and the examples provided in attor- ney general opinions, and there was no evidence that the records were not created by the employer concerning the teachers’ performance in regard to the speciﬁc inci- 208 25-19-105 STATE GOVERNMENT ### Page 218 dents. Davis v. Van Buren Sch. Dist., 2019 Ark. App. 157, 572 S.W.3d 466 (2019). Records pertaining to investigations in- volving two altercations that occurred be- tween a student and teachers did not ﬁt within the exception in subdivision (c)(1) of this section, as there was no ﬁnal ad- ministrative resolution of any suspension or termination proceeding at which the records formed a basis to suspend or ter- minate the teachers, it was undisputed that neither teacher was suspended or terminated as a result of the records, and one teacher’s resignation occurred before any administrative hearing, resolution, or appeal. Davis v. Van Buren Sch. Dist., 2019 Ark. App. 157, 572 S.W.3d 466 (2019). Request for photographs of all uni- formed, plain clothed, non-undercover Ar- kansas State Troopers hired since appel- lee made a similar request in 2019 was exempt from disclosure under subdivision (b)(10)(A) of this section (identities of un- dercover officers). Clearly, comparing in- formation already available to the public, from sources like the Arkansas Transpar- ency website—which provides names, ser- vice dates, salaries, race, gender, and other identifying information of State em- ployees, including state troopers—with a list of non-undercover troopers would re- veal the identities of the undercover offi- cers. Ark. State Police v. Racop, 2022 Ark. 17, 638 S.W.3d 1 (2022). Investigation Files. When a criminal case is closed by ad- ministrative action, the reason for the exemption under subdivision (b)(6) no lon- ger exists, and statements previously ex- empted thereby may be released. McCam- bridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). If a law enforcement investigation re- mains open and ongoing it is one meant to be protected as “undisclosed” under the Arkansas Freedom of Information Act. Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990). The trial court will have to decide, as a matter of fact in each case, whether inves- tigations are ongoing or not for purposes of applying the exemption provided in subdivision (b)(6). Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990). Where the high level of publicity and media attention threatened to interfere with defendant’s right to a fair trial, the closing of the investigation ﬁles of the state police and the ﬁles of all investiga- tive agencies, including a legislative au- dit, by the court, was warranted to ensure the defendant’s right to a fair trial. Ark. Gazette Co. v. Goodwin, 304 Ark. 204, 801 S.W.2d 284 (1990). Exemption from disclosure under subdi- vision (b)(6) of this section requires an investigation to be open and ongoing to qualify for nondisclosure. Whether an in- vestigation is open and ongoing is by ne- cessity a question of fact to be determined on a case-by-case basis. Dep’t of Ark. State Police v. Keech Law Firm, P.A., 2017 Ark. 143, 516 S.W.3d 265 (2017). In ordering the Arkansas State Police to release case ﬁle records to a murder vic- tim’s family pursuant to the Freedom of Information Act of 1967, the circuit court did not clearly err when it found that the investigation into the victim’s murder in 1963 was not open and ongoing, as no charges had been brought or appeared to be imminent. The victim’s family and the public were entitled to know how law enforcement officials performed their du- ties. Dep’t of Ark. State Police v. Keech Law Firm, P.A., 2017 Ark. 143, 516 S.W.3d 265 (2017). Circuit court properly found that a prison transport manifest did not fall within the scope of the “undisclosed inves- tigation” exception to the Freedom of In- formation Act of 1967 because the mani- fest was simply a record kept in the regular course of business and was not investigatory in nature such that the ex- emption would apply. Holladay v. Glass, 2017 Ark. App. 595, 534 S.W.3d 173 (2017). Arkansas Department of Commerce, Division of Workforce Services (DWS), was not a law enforcement agency to which the exemption in the Freedom of Information Act for undisclosed investiga- tions of suspected criminal activity ap- plied, and thus, it was not entitled to redact its public records; none of the stat- utes DWS referenced authorized it to con- duct criminal investigations but rather, they allowed it to conduct administrative investigations, initiate civil collection ac- tions, and refer matters to law enforce- ment agencies. Ark. DOC v. Legal Aid of Ark., 2022 Ark. 130, 645 S.W.3d 9 (2022). 209 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 219 Trial court erred as a matter of law in its application of the undisclosed-investi- gations exemption (subdivision (b)(6) of this section) to appellant’s request for material under the Arkansas Freedom of Information Act on the basis of its misun- derstanding of Hyman v. Sadler, 2017 Ark. App. 292. Hyman did not hold that a criminal investigation remains open, or is considered ongoing, until a plea is entered or there has been a verdict following a trial. On remand, the trial court is to conduct an in camera review of the rel- evant material and perform a meaningful fact-ﬁnding inquiry on whether the ex- emption applies. Martin v. Higgins, 2024 Ark. App. 1, 682 S.W.3d 357 (2024). Medical Records. Hospital statements taken from wit- nesses as part of a quality assurance or peer review proceeding were excluded from disclosure and were absolutely privi- leged communications pursuant to Arkan- sas statutes. Berry v. Saline Mem’l Hosp., 322 Ark. 182, 907 S.W.2d 736 (1995). Medium and Format. Circuit court did not err in ordering a school district to provide electronic copies of paper records at no charge under the Freedom of Information Act of 1967; the school district could scan the paper re- cords and provide them electronically, and the circuit court did not clearly err in ﬁnding in this case that the records were “readily available” in an electronic me- dium. Pulaski Cty. Special Sch. Dist. v. Delaney, 2019 Ark. App. 210, 575 S.W.3d 420 (2019). School district could not refuse a re- quest under the Freedom of Information Act of 1967 to be provided 1,816 pages of records in an electronic format on the ground that the request was too volumi- nous or burdensome due to the scanning process. In addition, there is no provision in this section that permits a custodian to decide in what medium it will provide records to a citizen based on the number of records the school district must redact or the school district’s preference to have a hard copy of the documents. Pulaski Cty. Special Sch. Dist. v. Delaney, 2019 Ark. App. 210, 575 S.W.3d 420 (2019). Parties Entitled. Intent of Freedom of Information Act includes a corporation doing business in this state as being a party entitled to information. Hence, representative of cor- poration is entitled to receive any infor- mation that any other person would be entitled to receive pursuant to the Free- dom of Information Act. Ark. Hwy. & Transp. Dep’t v. Hope Brick Works, Inc., 294 Ark. 490, 744 S.W.2d 711 (1988). The public, for whose beneﬁt this chap- ter was enacted, includes both those who support and those who oppose the actions or inactions of public officials, employees or agencies, as well as those who wish to merely learn of and evaluate the actions of public officials. City of Fayetteville v. Ed- mark, 304 Ark. 179, 801 S.W.2d 275 (1990). The Attorney General, acting in his of- ﬁcial capacity and using the resources of his office, possesses standing to appeal the denial of his request pursuant to the Ar- kansas Freedom of Information Act. Bry- ant v. Weiss, 335 Ark. 534, 983 S.W.2d 902 (1998). Personnel Records. Subdivision (b)(10) [now (b)(12)] re- quires that the public’s right to knowledge of records be weighed against an individu- al’s right to privacy, so that when the public’s interest is substantial, it will usu- ally outweigh any individual privacy in- terests, and disclosure will be favored. Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992). Where the release of records could sub- ject candidates for police lieutenant to embarrassment, and perhaps threaten their future employment, release would result in a clearly unwarranted invasion of the candidates’ personal privacy; al- though the public’s interest in knowing that its safety is protected by the best- qualiﬁed police lieutenant is also substan- tial, it was served by the release of the report forms, even though the candidates’ identities remained unknown. Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992). Ratepayer’s Address. In connection with the claim that the home address of a ratepayer should not be disclosed, the department made a policy argument that since a public employee’s personal contact information was ex- empted from disclosure, so should that of a private customer, but it was the job of the General Assembly to establish exemp- 210 25-19-105 STATE GOVERNMENT ### Page 220 tions under the Freedom of Information Act, and arguments for additional exemp- tions had to be addressed to the General Assembly, not the court. Hopkins v. City of Brinkley, 2014 Ark. 139, 432 S.W.3d 609 (2014) (decision under prior law). Records Subject to Inspection. The books and records of a city collec- tor’s office are at all times available to the public. Pointer v. State, 248 Ark. 710, 454 S.W.2d 91, cert. denied, 400 U.S. 959, 91 S. Ct. 359, 27 L. Ed. 2d 268 (1970). Records of intercollegiate conference on the amount of money that its member institutions disbursed to its student ath- letes were not “educational” records under the Family Education Rights and Privacy Act of 1974, and were not closed to the public because they were not individual education or academic records. Ark. Ga- zette Co. v. Southern State College, 273 Ark. 248, 620 S.W.2d 258 (1981), cert. denied, 455 U.S. 931, 102 S. Ct. 1416, 71 L. Ed. 2d 640 (1982). Information stored on computer tapes is a public record, and the public is entitled to have it in the form in which it is kept. Blaylock v. Staley, 293 Ark. 26, 732 S.W.2d 152 (1987). Committee violated the Arkansas Free- dom of Information Act when it used un- signed written ballots which were dis- posed of in a manner making their review impossible. Depoyster v. Cole, 298 Ark. 203, 766 S.W.2d 606 (1989), overruled in part, Harris v. City of Fort Smith, 366 Ark. 277, 234 S.W.3d 875 (2006). While items obtained by police in the course of a criminal investigation involve personal matters, the governmental inter- est in disclosure under the Freedom of Information Act may outweigh the privacy interest in the nondisclosure of personal matters. McCambridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). Legal memoranda prepared by outside counsel for the City for litigation purposes are public records within the meaning of this chapter and are open to inspection, and, the enhanced risk that the City may lose litigation does not constitute an ex- emption. City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990). The jail log, arrest records and shift sheet requested from the police depart- ment by a news reporter were not records containing undisclosed law enforcement investigations and were subject to disclo- sure pursuant to this section. Hengel v. City of Pine Bluff, 307 Ark. 457, 821 S.W.2d 761 (1991). There is no statute that speciﬁcally pro- vides for the exemption of the names of juveniles arrested for felonies but not charged as delinquent juveniles, thus, de- tention facility logs and booking sheets of juvenile detention facilities are not ex- empt. Troutt Bros., Inc. v. Emison, 311 Ark. 27, 841 S.W.2d 604 (1992). By requiring audits to be performed by a private auditing ﬁrm and not the state auditor, the state, in § 15-5-210, has elected to employ a private ﬁrm to per- form a task normally carried out by state employees or officials; thus, the audit working papers of the Legislative Joint Auditing Committee are considered public records subject to this chapter. Swaney v. Tilford, 320 Ark. 652, 898 S.W.2d 462 (1995). Judgment was properly awarded to ap- pellee in an action against a police chief, in the chief’s capacity as the custodian of records for the police department, for vio- lation of the Arkansas FOIA because an officer’s use-of-force reports describing an incident with appellee did not fall within the exemption in subdivision (c)(1) of this section for employee evaluation or job per- formance records. Thomas v. Hall, 2012 Ark. 66, 399 S.W.3d 387 (2012). Redaction. Legal opinions rendered in tax cases under Gross Receipts Tax Rule G-75 are subject to disclosure to a company because they are “otherwise kept” public records under the deﬁnition of “Public records” in § 25-19-103; however, any and all identi- fying facts and information have to be fully redacted under subdivision (f)(1)–(3) of this section. Moreover, the legal opin- ions are not conﬁdential because § 26-18- 303(a)(1) does not cover Gross Receipts Tax Rule G-75; state law does not require that the opinions be kept by or ﬁled with the Director of the Department of Finance and Administration. Ryan & Co. AR, Inc. v. Weiss, 371 Ark. 43, 263 S.W.3d 489 (2007). Regular Business Hours. As the police department operated 24 hours a day, seven days a week, in the 211 25-19-105 FREEDOM OF INFORMATION ACT OF 1967 ### Page 221 absence of some showing to the contrary those were its regular business hours. Hengel v. City of Pine Bluff, 307 Ark. 457, 821 S.W.2d 761 (1991). Cited: Baxter County Newspapers, Inc. v. Medical Staff of Baxter Gen. Hosp., 273 Ark. 511, 622 S.W.2d 495 (1981); Mor- ton v. City of Little Rock, 728 F. Supp. 543 (E.D. Ark. 1989); Ark. Dep’t of Health v. Westark Christian Action Council, 322 Ark. 440, 910 S.W.2d 199 (1995); Hamil- ton v. Simpson, 67 Ark. App. 173, 993 S.W.2d 501 (1999); Jegley v. Picado, 349 Ark. 600, 80 S.W.3d 332 (2002); Watkins v. Dale, 2011 Ark. App. 385 (2011). 25-19-106. Public meetings — Requirements, exceptions, and penalties. (a) To lawfully hold a public meeting, a governing body shall ensure that: (1) Prior notice of the public meeting has been provided as required under subsection (b) of this section; (2) Any executive session held within a public meeting is conducted as required under subsection (c) of this section; (3) The public meeting is recorded as provided under subsection (d) of this section; (4) The public is permitted reasonable access to the public meeting, and members of the governing body attend the public meeting in the appropriate manner, as provided under subsection (e) of this section; and (5) The public meeting is conducted in a manner that allows the public to attend and hear all of the governing body’s meaningful discussion and deliberation, if any, on official business as provided under subsections (f) and (g) of this section. (b)(1)(A) The time and place of each regular public meeting shall be furnished to anyone who requests the information. (B) Unless another notiﬁcation timeline for the public meeting of a governing body is speciﬁed by law, the notiﬁcation required under subdivision (b)(1)(A) of this section shall be made at least three (3) days before the public meeting takes place in order that the public may have representatives at the public meeting. (2)(A) In the event of an emergency or special public meeting, the person calling the public meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the public meeting is to be held and any news media located elsewhere that cover regular public meetings of the governing body and that have requested to be so notiﬁed of emer- gency or special public meetings of the time, place, and date of the public meeting. (B) The notiﬁcation required under subdivision (b)(2)(A) of this section shall be made at least two (2) hours before the public meeting takes place in order that the public may have representatives at the public meeting. (3) In addition to the requirements under subdivisions (b)(1) and (2) of this section: 212 25-19-106 STATE GOVERNMENT ### Page 222 (A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page; and (B)(i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting. (ii) The requirement of subdivision (b)(3)(B)(i) of this section does not preclude a governing body from adding items to an agenda after the agenda has been furnished or posted under subdivision (b)(3)(B)(i) of this section. (c)(1) An executive session shall be permitted only for the purpose of: (A)(i) Considering the employment, appointment, promotion, de- motion, disciplining, or resignation of any public officer or employee. (ii) Before going into an executive session called under subdivision (c)(1)(A)(i) of this section, a governing body shall state publicly which speciﬁc purpose listed in subdivision (c)(1)(A)(i) of this section is the basis for the executive session. (iii) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate super- visor of the employee involved, and the employee may be present at the executive session when so requested by the governing body holding the executive session. (iv) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing body holding the executive session; (B) Discussing how a governing body will respond to an attack on or other breach of the cybersecurity of the public entity governed by the governing body; (C)(i) A board or commission of the state preparing examination materials and answers to examination materials that are adminis- tered to applicants for licensure from a state agency. (ii) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure; and (D) A governing body considering, evaluating, or discussing mat- ters pertaining to a public water system’s security or municipally owned utility system’s security as described in § 25-19-105(b)(17). (2) Executive sessions shall not be called for the purpose of defeating the reason or the spirit of this chapter. (d)(1) Except as provided under subdivision (d)(5) of this section, a public meeting shall be recorded in a manner that allows for the capture of sound, including without limitation: (A) A sound-only recording; (B) A video recording with sound and picture; or (C) A digital or analog broadcast capable of being recorded. 213 25-19-106 FREEDOM OF INFORMATION ACT OF 1967 ### Page 223 (2) If a member of a governing body attends a public meeting remotely, the remote portion of the public meeting that is recorded under subdivision (d)(1) of this section shall be recorded in the format in which it is conducted. (3) A recording of a public meeting under subdivision (d)(1) or subdivision (d)(2) of this section shall be maintained by a public entity for a minimum of one (1) year from the date of the public meeting. (4) The recording shall be maintained in a format that may be reproduced upon a request under this chapter. (5) Subdivision (d)(1) of this section does not apply to: (A) Executive sessions; or (B) Volunteer ﬁre departments. (e)(1) A governing body shall ensure that Arkansas residents have reasonable access to attend a public meeting, including through remote means, if such remote means are utilized by the governing body. (2) Except as provided under subdivisions (e)(3)-(5) of this section, a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote. (3) Other than governing bodies of municipalities, counties, or public school districts, a governing body may adopt a policy permitting members of the governing body to attend a public meeting remotely. (4) The ability of the governing body of a public school district to conduct a public meeting remotely shall be governed by § 6-13-619. (5) If the Governor declares a disaster emergency under the Arkan- sas Emergency Services Act of 1973, § 12-75-101 et seq., a governing body may conduct a public meeting remotely. (6) For a member of a governing body who attends a meeting remotely to be counted for a quorum or to vote, the method used to permit the member of the governing body to attend remotely shall: (A) Provide a method for the governing body to verify the identity of the member of the governing body attending remotely; (B) Allow other members of the governing body and members of the public, whether physically present at the public meeting or attending the public meeting remotely, at all times to: (i) Hear the member of the governing body attending remotely; (ii) Observe or otherwise understand a vote of a member of the governing body attending remotely; and (iii) Know the identity of the member of the governing body attending remotely when that member is speaking or voting; and (C) Allow a member of the governing body attending remotely to hear the other members of the governing body and any public comment. (7) A member of a governing body who attends a public meeting remotely shall not receive mileage or per diem for attending the public meeting. (8) If one (1) or more members of a governing body attends a public meeting remotely: (A) The governing body shall enable members of the public to attend the public meeting by the same means that the members of 214 25-19-106 STATE GOVERNMENT ### Page 224 the governing body attending the public meeting remotely are attend- ing the public meeting; and (B) Notice of the method by which the public may attend the public meeting shall be published with the notice of the public meeting. (f) A member of a governing body shall not participate in a commu- nication, whether oral, written, electronic, or otherwise, that: (1)(A) He or she knows or reasonably should know is a poll. (B)(i) It is not a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communi- cates in writing with one (1) or more members of the governing body for the purpose of conducting a ministerial act, including without limitation scheduling a public meeting of the governing body or setting the agenda for a public meeting of the governing body. (ii) It is a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communi- cates with one (1) or more members of the governing body to schedule a public meeting of the governing body or set the agenda for a public meeting of the governing body and the communication functionally conducts substantive business of the governing body concerning any matter on which official action would foreseeably be taken by the governing body. (C)(i) It is not a violation of subdivision (f)(1)(A) of this section if an employee or an agent of a public entity communicates background and nondecisional information to one (1) or more members of the governing body of the public entity. (ii) Except as provided in subdivision (f)(1)(B)(i) of this section, it is a violation of subdivision (f)(1)(A) of this section if an employee or agent of a public entity communicates to a member of the governing body of the public entity: (a) How another member of the governing body intends to vote; or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or (2)(A) Occurs outside of a public meeting with another member of the governing body about a matter on which official action will foresee- ably be taken by the governing body. (B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nonde- cisional information to one (1) or more members of the same govern- ing body. (C) It is a violation of subdivision (f)(2)(A) of this section if a member of a governing body engages in any communication with one (1) or more members of the same governing body that constitutes deliberation, as deliberation may only occur at a public meeting of the governing body. (g) An informal meeting that includes deliberation or that is for the purpose of exercising a responsibility, authority, power, or duty of a governing body is strictly prohibited. (h) Two (2) or more employees or agents of a public entity may communicate for the purpose of exercising an authorized responsibility, 215 25-19-106 FREEDOM OF INFORMATION ACT OF 1967 ### Page 225 authority, power, or duty of an employee or agent of the public entity outside of a public meeting. (i)(1) If a circuit court ﬁnds under § 25-19-107 that a governing body is in violation of this section, the circuit court may invalidate any action the governing body took at the unlawful public meeting. (2) If a circuit court ﬁnds under § 25-19-107 that a member of a governing body engaged in a communication prohibited under subsec- tion (f) of this section or in an informal meeting prohibited under subsection (g) of this section, the circuit court may invalidate any action the governing body took that is the direct or indirect result of the prohibited communication or informal meeting. (3) An action taken in an executive session is void unless the governing body conducts a public vote on the matter discussed in the executive session at the conclusion of the executive session. (j)(1) Notwithstanding any provision to the contrary, if a circuit court ﬁnds that a governing body or a member of a governing body violated this section concerning the issuance of bonds, the circuit court may only invalidate the action by the governing body authorizing the issuance of bonds within thirty (30) days of the date the action occurred. (2) If a circuit court makes a ﬁnding described under subdivision (j)(1) of this section more than thirty (30) days after the action by the governing body authorizing the issuance of the bonds: (A) The governing body shall cure the violation within thirty (30) days after the ﬁnding of the circuit court by: (i) Providing notice of the violation in compliance with subsection (b) of this section; (ii) Disclosing the violation at a public meeting; and (iii) Authorizing the action in question at the public meeting in compliance with subdivision (a)(5) of this section; or (B)(i) The circuit court shall impose a civil penalty of one thousand dollars ($1,000) on each individual member of the governing body, up to the entire membership of the governing body, who the circuit court ﬁnds committed or was otherwise responsible for the violation. (ii) The civil penalty under subdivision (j)(2)(B)(i) of this section shall: (a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the ﬁnding of the circuit court under subdivision (j)(1) of this section; and (b) Not be satisﬁed by public funds. (3) The remedies under subdivision (j)(2) of this section are supple- mental to all other remedies available under this chapter within the applicable statute of limitations. (4) As used in this subsection, “bonds” means bonds and other debt-related instruments, including without limitation a short-term ﬁnancing obligation, under Arkansas Constitution, Amendment 78. History. Acts 1967, No. 93, § 5; 1975 (Extended Sess., 1976), No. 1201, § 1; 1985, No. 843, § 1; A.S.A. 1947, § 12- 2805; reen. Acts 1987, No. 1001, § 1; 1999, 216 25-19-106 STATE GOVERNMENT ### Page 226 No. 1589, § 1; 2001, No. 1259, § 2; 2003, No. 763, § 3; 2005, No. 259, § 3; 2007, No. 268, § 3; 2007, No. 998, § 3; 2009, No. 631, § 3; 2011, No. 99, § 3; 2013, No. 235, § 3; 2015, No. 186, § 4; 2017, No. 713, § 11; 2019, No. 1028, § 1; 2020, No. 2, § 42; 2021, No. 56, § 1; 2025, No. 179, § 21; 2025, No. 505, § 2; 2025, No. 992, § 1. A.C.R.C. Notes. This section was reen- acted by Acts 1987, No. 1001, § 1. Acts 1987, No. 834, provided that 1987 legis- lation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conﬂict. Acts 2020, No. 2, § 43, provided: “TEM- PORARY LANGUAGE AND SUSPEN- SION OF CURRENT LAW. “(a) Section 42 of this act is cumulative of existing laws and suspends, but does not repeal, any law in conﬂict with Section 74 of this act. “(b)(1) Except as provided in subdivi- sion (b)(2) of this section, Section 42 of this act is temporary and expires on the date that the Governor determines that the emergency under Arkansas Code §§ 12- 75-101 et seq, and § 20-7-110 in response to an outbreak of coronavirus disease 2019 (COVID-19) has ended. “(2) If the Governor has not determined by December 31, 2020, that the emergency under Arkansas Code §§ 12-75-101 et seq, and § 20-7-110 in response to an outbreak of coronavirus disease 2019 (COVID-19) has ended, Section 42 of this act shall expire on December 31, 2020. “(c) On the expiration of Section 42, the provisions of law suspended by Section 42 of this act are in full force and effect. “(d) The expiration of Section 42 of this act does not affect rights acquired under this act or affect suits then pending.” Acts 2025, No. 992, § 2, provided: “Con- tingency. “(a) Section 1 of this act shall become effective only if SB227 of the Ninety-Fifth General Assembly is enacted by the Gen- eral Assembly and becomes an act. “(b) If SB227 of the Ninety-Fifth Gen- eral Assembly does not become an act, Section 1 of this act shall not become effective.” The contingency in Acts 2025, No. 992, § 2, was met when SB227 of the Ninety- Fifth General Assembly became Acts 2025, No. 505. In subdivision (e)(8)(B) of this section as enacted by Acts 2025, No. 505, § 2, “method” was corrected to “method by which” under § 1-2-303 to correct a mani- fest grammatical error. Publisher’s Notes. Acts 2025, No. 992, § 1, speciﬁcally amended this section as amended by Acts 2025, No. 505. Amendments. The 2009 amendment substituted “July 1, 2011” for “July 1, 2009” in (c)(6)(B) and made a minor sty- listic change. The 2011 amendment substituted “July 1, 2013” for “July 1, 2011” in (c)(6)(B). The 2013 amendment redesignated for- mer (c)(6)(A) as (c)(6), and deleted (c)(6)(B). The 2015 amendment inserted “or mu- nicipally owned utility system security” in (c)(6). The 2017 amendment redesignated (c)(1) as (c)(1)(A) and (B); substituted “Ex- cept as provided under subdivision (c)(6) of this section, an executive session” for “Executive sessions” in (c)(1)(A); and added (c)(7). The 2019 amendment added (d). The 2020 temporary amendment added (e). The 2021 amendment added (e). The 2025 amendment by No. 179 re- pealed (d)(5). The 2025 amendment by No. 505 re- wrote the section. The 2025 amendment by No. 992 added (j). RESEARCH REFERENCES Ark. L. Notes. Jerry L. Canﬁeld, To Meet or Not to Meet, That Is the Question: An Analysis of the Meeting Requirement of the Arkansas Freedom of Information Act, 2023 Ark. L. Notes 50 (May 2023). Ark. L. Rev. Recent Developments, Freedom of Information Act — Public Meetings Requirement, 57 Ark. L. Rev. 1015. Note, Harris v. City of Fort Smith: Ar- kansas’s Sunshine Clouds Over, 59 Ark. L. Rev. 147. Bobbi J. Boyd, Do It in the Sunshine: A Comparative Analysis of Rulemaking Pro- 217 25-19-106 FREEDOM OF INFORMATION ACT OF 1967 ### Page 227 cedures and Transparency Practices of Lawyer-Licensing Entities, 70 Ark. L. Rev. 609 (2017). U. Ark. Little Rock L.J. Brooks, Ad- ventures in Cyber-Space: Computer Tech- nology and the Arkansas Freedom of In- formation Act, 17 U. Ark. Little Rock L.J. 417. U. Ark. Little Rock L. Rev. D. Frank- lin Arey, III, Legislative Oversight Pro- ceedings of the Arkansas General Assem- bly: Issues and Procedures, 45 U. Ark. Little Rock L. Rev. 593 (2023). CASE NOTES ANALYSIS In General. Construction. Applicability. Committee Meetings. Emergency or Special Meetings. Executive Sessions. Informal Meetings. Injunction. Invalidation of Action. No Violation. Notice. Publicly Funded Agencies. In General. The legislature, in this section, has pro- vided for both the public’s right to know and protection of the individual’s rights from unwarranted adverse publicity and ensuing damage to his reputation. Com- mercial Printing Co. v. Rush, 261 Ark. 468, 549 S.W.2d 790 (1977). Circuit court’s determination that § 25- 19-104 and this section were unconstitu- tional was improper because declaratory relief was inappropriate as appellees did not yet have a case or controversy ready for decision by the courts. Appellees re- ceived a legal opinion on the effects of certain provisions of the state’s Freedom of Information Act rather than resolution of an actual controversy. McCutchen v. City of Fort Smith, 2012 Ark. 452, 425 S.W.3d 671 (2012). Construction. After reviewing §§ 25-19-102, 25-19- 105, and this section, the court found nothing in the Freedom of Information Act that speciﬁes that the communications media by which the public’s business is conducted are limited to publicly owned communications; thus, the court rejected a state employee’s claim that the em- ployee was asked to violate the law by communicating with the governor via a private email address and, thus, the em- ployee’s subsequent resignation was vol- untary without good cause and the em- ployee was not entitled to beneﬁts under § 11-10-513(a)(1). Bradford v. Dir., Empl. Sec. Dep’t, 83 Ark. App. 332, 128 S.W.3d 20 (2003). Applicability. The Freedom of Information Act applies to formal and informal meetings alike, not just to meetings of officially designated committees, and applies to informal but unofficial group meetings for the discus- sion of governmental business. Mayor of El Dorado v. El Dorado Broadcasting Co., 260 Ark. 821, 544 S.W.2d 206 (1976). This section does not encompass staff meetings of the Department of Human Services held to develop a bid solicitation. National Park Medical Ctr. v. Ark. Dep’t of Human Servs., 322 Ark. 595, 911 S.W.2d 250 (1995). City administrator’s succession of one- on-one conversations with each member of the city’s board of directors violated the “open meetings” provision of the Freedom of Information Act, §§ 25-19-101 — 25-19- 109; through its conversations the board held a meeting within the intent of the FOIA such that the city’s actions resulted in a consensus being reached on a given issue, thus rendering the formal meeting held before the public a mere charade. Harris v. City of Fort Smith, 86 Ark. App. 20, 158 S.W.3d 733 (2004), modiﬁed, aff’d, 359 Ark. 355, 197 S.W.3d 461 (2004). Open-meeting provisions of the Free- dom of Information Act of 1967 apply to email and other forms of electronic com- munication between governmental offi- cials just as surely as they apply to in- person or telephonic conversations. City of Fort Smith v. Wade, 2019 Ark. 222, 578 S.W.3d 276 (2019). 218 25-19-106 STATE GOVERNMENT ### Page 228 Committee Meetings. Where committee of a state board meets to transact business, such meeting is a public meeting subject to the provisions of this chapter and a newspaper reporter must be permitted to attend, and may seek a declaratory judgment if refused admission. Ark. Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975). Emergency or Special Meetings. This chapter repealed former open meetings law by implication and thus, since no advance notice of emergency meetings of school board were required unless requested by the news media under this section, approval of $150,000 bond issue by electors of school district was not void for failure to give notice of meetings. Nance v. Williams, 263 Ark. 237, 564 S.W.2d 212 (1978). The allegation that a special meeting had been called without notice to the press states a cause of action at law for a de- claratory judgment. Yandell v. Havana Bd. of Educ., 266 Ark. 434, 585 S.W.2d 927 (1979). Subsection (b)(2) of this section provides that the news media located in the county where the meeting is held and those lo- cated elsewhere that cover regular meet- ings of the body may request that they be notiﬁed of special and emergency meet- ings; absent such a request, no notice to them is required. Elmore v. Burke, 337 Ark. 235, 987 S.W.2d 730 (1999). Executive Sessions. It was a violation of this section for a city council to go into an executive session with the mayor and city attorney to dis- cuss a Public Service Commission pro- ceeding to which the city was a party. Laman v. McCord, 245 Ark. 401, 432 S.W.2d 753 (1968). This section required that the hearing of testimony concerning reinstatement of a discharged officer, as distinguished from a discussion or consideration by the State Police Commission, be held in public. Ark. State Police Comm’n v. Davidson, 253 Ark. 1090, 490 S.W.2d 788 (1973). This section makes it mandatory for the commissioners to reassemble in public session for the purpose of voting on the matter which they have discussed or con- sidered in executive session. Ark. State Police Comm’n v. Davidson, 253 Ark. 1090, 490 S.W.2d 788 (1973). Once an executive session had been called for a proper purpose, the subse- quent discussion could of necessity deal with several areas which, taken out of the context of the total discussion, might be construed as improper subject matter for an executive session. Commercial Print- ing Co. v. Rush, 261 Ark. 468, 549 S.W.2d 790 (1977). It is not the bare decision whether or not to discipline an employee that the executive session provision allows to be made in privacy, but rather the discussion or consideration of particular acts or omis- sions of the employee whose conduct has been called into question so as to avoid adverse publicity and unjustiﬁed damage to the reputation of individuals, allega- tions against whom later prove unwar- ranted. Commercial Printing Co. v. Rush, 261 Ark. 468, 549 S.W.2d 790 (1977). Once a decision has been made in ex- ecutive session that discipline or other action is needed, all further acts of the board should be public, and the public officials accountable and answerable for their actions. Commercial Printing Co. v. Rush, 261 Ark. 468, 549 S.W.2d 790 (1977). A resolution or motion actually consid- ered or arrived at in executive session must be publicly ratiﬁed if it is to be legal. Yandell v. Havana Bd. of Educ., 266 Ark. 434, 585 S.W.2d 927 (1979). A meeting of the credentials committee of the medical staff of a county hospital for the hearing of testimony and a vote on whether the staff privileges of a doctor should be continued was required to be held in public, since the doctor’s status was that of an individual who has certain privileges extended to him by a publicly owned, operated and supported county hospital; however, the discussion or con- sideration of the speciﬁc issue by the com- mittee members could be conducted in executive session. Baxter County News- papers, Inc. v. Medical Staff of Baxter Gen. Hosp., 273 Ark. 511, 622 S.W.2d 495 (1981). Informal Meetings. Where city board members held one-on- one meetings discussing the potential pur- chase of property, the meetings violated subsection (a) of this section because the members had made up their minds before the public meeting and, thus, the meet- 219 25-19-106 FREEDOM OF INFORMATION ACT OF 1967 ### Page 229 ings constituted board meetings under § 25-19-103. Harris v. City of Fort Smith, 359 Ark. 355, 197 S.W.3d 461 (2004). Injunction. In an action to enjoin purchase of voting machines for noncompliance with this chapter, where plaintiffs testiﬁed that the general public was expelled from the meeting of the election commissioners to open and consider bids, but election com- missioners and others testiﬁed that, when representatives of voting machine com- panies were asked to step outside, others left voluntarily, it was not error to deny the injunction. Davis v. Jerry, 245 Ark. 500, 432 S.W.2d 831 (1968). Invalidation of Action. Before invalidation of decision made in violation of this section is sought, the board or agency must be given the oppor- tunity to address the issue. Rehab Hospi- tal Services Corp. v. Delta-Hills Health Systems Agency, Inc., 285 Ark. 397, 687 S.W.2d 840 (1985). No Violation. In circumstances in which a city admin- istrator, prior to a board study session, prepared a memorandum and draft ordi- nance and provided the documents to in- dividual board members, no violation of this section of the state FOIA occurred because only information was provided; no solicitation of votes for the proposal took place. McCutchen v. City of Fort Smith, 2012 Ark. 452, 425 S.W.3d 671 (2012). Circuit court erred in granting a peti- tioner’s motion for summary judgment and ﬁnding that a city violated the open- meeting provisions of the Freedom of In- formation Act of 1967 when city directors and the city administrator exchanged emails relating to the police chief’s pro- posed change to civil service commission rules to permit appointment of external candidates for the rank of sergeant and higher. No decision was made through the use of email; the emails contained infor- mation, a recommendation, and unsolic- ited responses with no decision, and the city board of directors discussed the pro- posed rule change at a public meeting. City of Fort Smith v. Wade, 2019 Ark. 222, 578 S.W.3d 276 (2019). City and city clerk did not violate the open meeting provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq., by the clerk’s act of contacting each member of the city’s board of directors to determine whether the members con- curred with one member’s request to re- move an item from the agenda of an upcoming board meeting. No inquiry was made as to the members’ positions on any proposal, no discussion or debate was had between the members, and no decision was made as to the proposals. Kitchens v. City of Fort Smith, 2023 Ark. App. 408, 675 S.W.3d 884 (2023). Notice. When notice of a school board meeting was provided, but during the meeting ﬁve school board members decided to hold a “Committee of the Whole” meeting to dis- cuss a controversial subject while they were waiting for another school board member to arrive, appellant’s claim that a separate notice was required for the com- mittee meeting failed. The required statu- tory notice of the school board meeting was provided to media outlets, and the media was present before the committee began its discussion. Bradshaw v. Fort Smith Sch. Dist., 2017 Ark. App. 196, 519 S.W.3d 344 (2017). Appellant failed to show prejudice as she had not requested personal notice of any board meetings, and nothing in this section required notice to the general pub- lic. Bradshaw v. Fort Smith Sch. Dist., 2017 Ark. App. 196, 519 S.W.3d 344 (2017). Publicly Funded Agencies. A private, nonproﬁt association of col- leges and secondary schools which was composed of public servants and accepted public moneys was subject to this chapter. North Cent. Ass’n of Colleges & Schools v. Troutt Bros., 261 Ark. 378, 548 S.W.2d 825 (1977). A nonproﬁt regional health planning corporation which received its primary funding from the federal government was subject to this chapter and violated its open public meeting requirements when it reconsidered the granting of a certiﬁcate of need to construct a hospital after con- ducting a telephone poll of members of the executive committee. Rehab Hospital Ser- vices Corp. v. Delta-Hills Health Systems Agency, Inc., 285 Ark. 397, 687 S.W.2d 840 (1985). 220 25-19-106 STATE GOVERNMENT ### Page 230 Cited: Wright v. South Ark. Regional Health Ctr., Inc., 800 F.2d 199 (8th Cir. 1986). 25-19-108. Information for public guidance. (a) Each state agency, board, and commission shall prepare and make available: (1) A description of its organization, including central and ﬁeld offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records; (2) A list and general description of its records, including computer databases; (3)(A) Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions. (B)(i) Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making. (ii) Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section. (iii) Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. (iv) Statistical data furnished to a state agency shall be posted only after the agency has concluded its ﬁnal compilation and result; (4) All documents composing an administrative adjudication deci- sion in a contested matter, except the parts of the decision that are expressly conﬁdential under state or federal law; and (5) Copies of all records, regardless of medium or format, released under § 25-19-105 which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records. (b)(1) All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the internet. (2) It shall be a sufficient response to a request to inspect or copy the materials that they are available on the internet at a speciﬁed location, unless the requester speciﬁes another medium or format under § 25- 19-105(d)(2)(B). (c)(1) An entity that is subject to this chapter that is not included in subsection (a) of this section may opt in to any provision under subdivisions (a)(1)-(5) of this section through ordinance or resolution enacted by its governing body. (2) The ordinance or resolution under subdivision (c)(1) of this section shall comply with subdivision (b)(1) of this section. 221 25-19-108 FREEDOM OF INFORMATION ACT OF 1967 ### Page 231 History. Acts 2001, No. 1653, § 3; 2017, No. 1107, § 2. A.C.R.C. Notes. Acts 2017, No. 1107, § 3, provided: “Applicability. This act does not apply to a request for a public record that is received by the government entity before the effective date of this act [April 7, 2017].” Amendments. The 2017 amendment added (c). 25-19-109. Special requests for electronic information. (a)(1) At his or her discretion, a custodian may agree to summarize, compile, or tailor electronic data in a particular manner or medium and may agree to provide the data in an electronic format to which it is not readily convertible. (2) When the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the data as requested. (b)(1) If the custodian agrees to a request, the custodian may charge the actual, veriﬁable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19-105(d)(3). (2) The charge for personnel time shall not exceed the salary of the lowest paid employee or contractor who, in the discretion of the custodian, has the necessary skill and training to respond to the request. (c) The custodian shall provide an itemized breakdown of charges under subsection (b) of this section. History. Acts 2001, No. 1653, § 4. CASE NOTES Fees. Trial court erred by ﬁnding that appel- lees’ requirement that the driver pay a deposit of $2,475 to obtain the requested records did not violate the Freedom of Information Act because this section did not apply, as the driver stated that she requested only copies of the recordings and did not ask for any type of special conversion or any type of compilation. The applicable provision to the driver’s re- quest was § 25-19-105(d), as she simply requested a copy of the ﬁles, and therefore appellees could not charge fees that ex- ceeded the cost of reproduction and could not include the hourly rate of a captain in assessing costs to the driver. Daugherty v. Jacksonville Police Dep’t, 2012 Ark. 264, 411 S.W.3d 196 (2012). 25-19-110. Exemptions. (a) In order to be effective, a law that enacts a new exemption to the requirements of this chapter or that substantially amends an existing exemption to the requirements of this chapter shall state that the record or meeting is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) For purposes of this section: (1) An exemption from the requirements of this chapter is substan- tially amended if the amendment expands the scope of the exemption to 222 25-19-109 STATE GOVERNMENT ### Page 232 include more records or information or to include meetings as well as records; and (2) An exemption from the requirements of this chapter is not substantially amended if the amendment narrows the scope of the exemption. History. Acts 2009, No. 184, § 1; 2025, No. 179, § 22. Amendments. The 2025 amendment deleted “Beginning July 1, 2009” from the beginning of (a). RESEARCH REFERENCES ALR. Disclosure, Under State Freedom of Information or Records Act, of Video Obtained by Police or Other Law Enforce- ment Authorities from Dash Camera, Mo- bile Video Recorder, or Security or Sur- veillance Camera. 48 A.L.R.7th Art. 2 (2020). Construction and Application of Public Domain Doctrine Allowing Courts to Dis- regard FOIA Law Enforcement Exemp- tion Based on Prior Public Release of Requested Records. 3 A.L.R. Fed. 3d Art. 5 (2015). Construction and Application of Public Domain or Official Acknowledgment Doc- trine Allowing Courts to Disregard FOIA Exemption, Other Than Law Enforcement Exemption, Based on Prior Public Release of Requested Records. 17 A.L.R. Fed. 3d Art. 1 (2016). CHAPTER 20 INTERLOCAL COOPERATION ACT SUBCHAPTER 1 — GENERAL PROVISIONS SECTION. 25-20-101. Title. 25-20-102. Purpose. 25-20-103. Deﬁnitions. 25-20-104. Agreements for joint or coop- erative action — Authority to make — Requirements generally. 25-20-105. Agreements for joint or coop- erative action — Filing — Interstate compacts — Li- ability for damages. 25-20-106. Agreements for joint or coop- SECTION. erative action — Submis- sion to and approval by state officer or agency con- trolling services or facili- ties. 25-20-107. Appropriation of funds — Supplying of personnel or services. 25-20-108. Contract for services from an- other agency — Require- ments — Limitations. Effective Dates. Acts 1967, No. 430, § 10: Mar. 16, 1967. Emergency clause provided: “It is hereby found and deter- mined by the General Assembly that there is currently no general authority for in- terlocal cooperation among the various political subdivisions of this state and between political subdivisions of this state and other states, and that such authority will make it possible for such subdivision to perform local functions and provide local services much more efficiently. Therefore, an emergency is hereby de- clared to exist and this act being neces- 223 25-19-110 INTERLOCAL COOPERATION ACT ### Page 233 sary for the immediate preservation of the public peace, health, and safety, shall be in effect from the date of its passage and approval.” Acts 1973, No. 415, § 2: Mar. 21, 1973. Emergency clause provided: “It is hereby found and determined by the General As- sembly that the Interlocal Cooperation Act, Act 430 of 1967, was intended to permit local governmental units to make the most efficient uses of the powers and resources by enabling them to cooperate together with other local governmental units on a basis of mutual advantage, and that in many instances school districts of this state, and city and county govern- ments, could provide and share facilities, employees, and services that would pro- vide mutual beneﬁts to their respective advantages and enable them thereby to perform their respective responsibilities with maximum efficiencies; and that the immediate passage of this act is necessary to enable school districts to participate in the Interlocal Cooperation Act. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and ap- proval.” Acts 1975, No. 208, § 6: Feb. 18, 1975. Emergency clause provided: “It is hereby found and determined by the General As- sembly that water districts created under Act 114 of 1957 are authorized to individu- ally undertake projects to utilize a water supply available as a result of multi-pur- pose reservoirs constructed by the United States Corps of Engineers; that it would be mutually beneﬁcial to permit water districts created under Act 114 of 1957 to jointly and cooperatively undertake such projects and that this Act is immediately necessary to permit such cooperative or joint action by such water districts. There- fore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.” Acts 2001, No. 982, § 3: June 30, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the Arkansas laws for the operation and management of municipal water- works are inadequate to accommodate the merger of two (2) or more large municipal waterworks; that a new law is needed to protect the ﬁnancial and governmental interests of the various municipalities in- volved in consolidating the various mu- nicipal waterworks systems; that the ﬁ- nancial savings and economies of scale which are anticipated from the merger will make the consolidation in the best interest of the citizens of the merging municipalities; that the consolidation agreement was achieved through persis- tent and complex negotiations balancing the various municipal interests involved and it is therefore necessary that the law take effect at a time prescribed by that agreement. Therefore, an emergency is declared to exist and this act being imme- diately necessary for the preservation of the public peace, health and safety shall become effective on June 30, 2001.” Acts 2017, No. 711, § 14: Mar. 27, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Freedom of Information Act of 1967, § 25-19-101 et seq., places undue restrictions on water systems; that, in order to satisfy such restrictions, a water system must forego certain undertakings to the detriment of the water system and its customers; and that this act is immediately necessary so that a water system may provide informa- tion to its utility partners, other govern- ment offices, and certain members of the public in order for the water system to serve its community as efficiently and effectively as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Gov- ernor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house over- rides the veto.” 224 25-19-110 STATE GOVERNMENT ### Page 234 25-20-101. Title. This chapter may be cited as the “Interlocal Cooperation Act”. History. Acts 1967, No. 430, § 2; A.S.A. 1947, § 14-902. CASE NOTES Cited: City of Maumelle v. Jeffrey Sand Co., 353 Ark. 686, 120 S.W.3d 55 (2003). 25-20-102. Purpose. It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geo- graphic, economic, population, and other factors inﬂuencing the needs and development of local communities. History. Acts 1967, No. 430, § 1; A.S.A. 1947, § 14-901. 25-20-103. Deﬁnitions. As used in this chapter: (1) “Public agency” means any: (A) School district; (B) Political subdivision of this state; (C) Agency of the state government or of the United States; (D) Political subdivision of another state; (E) Water district created under the provisions of The Regional Water Distribution District Act, § 14-116-101 et seq.; (F) Governing body of a municipal electric utility as deﬁned in § 25-20-402; and (G) Fire department organized under the laws of this state if the ﬁre department: (i) Offers ﬁre protection services to unincorporated areas; and (ii) Has received approval by its quorum court for participation in an interlocal cooperation agreement; (2) “Retail customer” means a person other than a municipality, improvement district, or other entity that sells and distributes water subject to regulation by the Department of Health who: (A) Maintains a service account with a public body formed under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the provision of water to a person or the occupants of a single- family dwelling, multi-tenant dwelling, business premises, or govern- ment facility; and (B) Is not explicitly permitted to resell potable water to another person; 225 25-20-103 INTERLOCAL COOPERATION ACT ### Page 235 (3) “State” means a state of the United States and the District of Columbia; (4) “Storm water system” means all or any portion of the collective facilities and parts designed, organized, and implemented for the collection, storage, transmission, and disposition of excess storm water runoff in its entirety, or any integral parts thereof, that is formed under the authority of state law and includes without limitation inlets, street gutters, roadway gutters, roadside ditches, channels, swales, above- ground drain pipes, underground drain pipes, natural waterways, conduits, and water impoundments; (5) “Surplus water” means water available for distribution or sale aside from water necessarily required of the public body for distribution to its existing retail customers; (6) “Wastewater system” means a wastewater and collection system formed under state law that includes without limitation land, mains, interceptors, collector lines, manholes, force mains, valves, pumping stations, pumps, treatment and pretreatment plants and units thereof, other real and personal property, buildings, structures, other improve- ments, and facilities as necessary or advisable for the proper and efficient operation of the wastewater system; and (7) “Water system” means and includes a waterworks and distribu- tion system in its entirety, or any integral parts thereof, which is formed under state law and includes without limitation land, mains, pipelines, hydrants, meters, valves, standpipes, storage tanks, storage basins, pumping tanks, intakes, wells, clear water wells, impounding reser- voirs, lakes, watercourses, pumps, puriﬁcation plants and units thereof, ﬁltration plants and units thereof, as well as all other real and personal property, buildings, structures, and other improvements or facilities as necessary or advisable for the proper and efficient operation of the water system. History. Acts 1967, No. 430, § 3; 1973, No. 415, § 1; 1975, No. 208, § 4; 1983, No. 180, § 1; A.S.A. 1947, § 14-903; Acts 2003, No. 366, § 2; 2017, No. 711, § 2; 2019, No. 392, § 7; 2019, No. 613, § 1. Amendments. The 2017 amendment inserted (2) and redesignated former (2) as (3); and added (4) through (6). The 2019 amendment by No. 392 de- leted the former (2)(A) designation follow- ing “or other entity that”; redesignated former (2)(B) and (2)(C) as (2)(A) and (2)(B); added “who” following “Depart- ment of Health” in the introductory lan- guage of (2); and made stylistic changes. The 2019 amendment by No. 613 added the deﬁnition for “Storm water system”. 25-20-104. Agreements for joint or cooperative action — Author- ity to make — Requirements generally. (a) Any governmental powers, privileges, or authority exercised or capable of exercise by a public agency of this state alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law and jointly with any public agency of any other state of the United States 226 25-20-104 STATE GOVERNMENT ### Page 236 which has the same powers, privileges, or authority, but only to the extent that laws of the other state or of the United States permit the joint exercise or enjoyment. (b) Any two (2) or more public agencies may enter into agreements with one another for joint cooperative action pursuant to the provisions of this chapter. Appropriate action by ordinance, resolution, or other- wise pursuant to law of the governing bodies of the participating public agencies shall be necessary before the agreement may enter into force. (c) Any agreement for joint or cooperative action shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any sepa- rate legal or administrative entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) Its purposes; (4) The manner of ﬁnancing the joint or cooperative undertaking and of establishing and maintaining a budget therefor; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters. (d) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, in addition to the items enumerated in subdivisions (c)(1) and (c)(3)-(6) of this section, the agreement shall contain the following: (1) Provisions for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be repre- sented; and (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. (e) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that, to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, performance may be offered in satisfaction of the obligation or responsibility. (f)(1) Every agreement made under this section prior to and as a condition precedent to its entry into force shall be submitted to the Attorney General, who shall determine whether the agreement is in proper form and compatible with the laws of this state. (2) The Attorney General shall approve any agreement submitted to him or her under this section unless he or she ﬁnds that it does not meet the conditions set forth in this section and shall detail, in writing addressed to the governing bodies of the public agencies concerned, the speciﬁc respects in which the proposed agreement fails to meet the requirements of law. (3) Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof. 227 25-20-104 INTERLOCAL COOPERATION ACT ### Page 237 (g) Financing of joint projects by agreement shall be as provided by law. (h) In addition to other speciﬁc grants of authority as provided in the Arkansas Constitution and statutes and in addition to the formal cooperation authorized by this chapter, cities, towns, counties, and other units of government are authorized to associate and cooperate with one another on an informal basis without complying with the detailed procedure set out in this section. (i) In addition to the legal or administrative entities which may otherwise be legally created under Arkansas statutes, public agencies may create a separate legal entity in the form of a public body corporate and politic pursuant to: (1) Section 25-20-201 et seq. for the purpose of constructing, operat- ing, and maintaining a public library system; (2) The Consolidated Waterworks Authorization Act, § 25-20-301 et seq., for the purpose of constructing, owning, operating, ﬁnancing, and maintaining a consolidated waterworks system; or (3) The Consolidated Wastewater Systems Act, § 25-20-501 et seq., for the purpose of constructing, operating, ﬁnancing, and maintaining a consolidated wastewater system. History. Acts 1967, No. 430, § 4; 1979, No. 52, § 1; A.S.A. 1947, § 14-904; Acts 1995, No. 813, § 1; 2001, No. 982, § 2; 2009, No. 1371, § 2. Publisher’s Notes. Acts 1979, No. 52, § 2, provided that it was the purpose of the act to further authorize and encourage association and cooperation between gov- ernmental units which had existed in this state for many years and that the act was necessary for efficient and economical gov- ernment. Amendments. The 2009 amendment added (i)(3) and made related changes. RESEARCH REFERENCES U. Ark. Little Rock L. Rev. Survey of Legislation, 2001 Arkansas General As- sembly, Public Agencies, 24 U. Ark. Little Rock L. Rev. 601. 25-20-105. Agreements for joint or cooperative action — Filing — Interstate compacts — Liability for damages. (a) Prior to its entry into force, an agreement made pursuant to this chapter shall be ﬁled with the county clerk and with the Secretary of State. (b)(1) In the event that an agreement entered into pursuant to this chapter is between or among one (1) or more public agencies of this state and one (1) or more public agencies of another state or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest. (2)(A) The state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. 228 25-20-105 STATE GOVERNMENT ### Page 238 (B) The action shall be maintained against any public agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state. History. Acts 1967, No. 430, § 5; A.S.A. 1947, § 14-905. 25-20-106. Agreements for joint or cooperative action — Sub- mission to and approval by state officer or agency controlling services or facilities. (a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement, as a condition precedent to its entry into force, shall be submitted to the state officer or agency having the power of control and shall be approved or disapproved by him or her or it as to all matters within his or her or its jurisdiction in the same manner and subject to the same require- ments governing the action of the Attorney General pursuant to § 25-20-104(f). (b) This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the Attorney General. History. Acts 1967, No. 430, § 6; A.S.A. 1947, § 14-906. 25-20-107. Appropriation of funds — Supplying of personnel or services. Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing personnel or services therefor which may be within its legal power to furnish. History. Acts 1967, No. 430, § 7; A.S.A. 1947, § 14-907. 25-20-108. Contract for services from another agency — Re- quirements — Limitations. (a) Any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity, or undertaking which each of the public agencies entering into the contract is authorized by law to perform alone, provided that the contract shall be authorized by the governing body of each party to the contract. The contract shall set forth fully the purpose, powers, rights, objectives, and responsibilities of the contracting parties. 229 25-20-108 INTERLOCAL COOPERATION ACT ### Page 239 (b) However, nothing in this chapter authorizes or shall be construed to authorize any public agency to enter into any contract, agreement, or undertaking with any other public agency to purchase, condemn, or otherwise acquire any plant, property, facilities, or business owned or operated by any regulated public utility or pipeline company or to jointly construct or operate any such plant, property, or facility. History. Acts 1967, No. 430, § 8; A.S.A. 1947, § 14-908. SUBCHAPTER 2 — PUBLIC BODIES CORPORATE AND POLITIC SECTION. 25-20-201. Creation. 25-20-202. Board of directors — Execu- tive director. 25-20-203. Powers. 25-20-204. Tax-exempt status of property and income. SECTION. 25-20-205. Immunity. 25-20-206. Construction. 25-20-207. Withdrawal. Cross References. County libraries, § 13-2-401 et seq. Municipal Libraries and Reading Rooms, § 13-2-501 et seq. 25-20-201. Creation. (a) Any two (2) or more public agencies are hereby authorized to create a public body corporate and politic as a separate legal entity for the purpose of constructing, operating, and maintaining a public library system. (b) The governing body of each public agency wishing to form a public body corporate and politic shall, by ordinance or resolution, or other- wise pursuant to law, of the governing body of each participating public agency: (1) Determine that it is in the best interest of the public agency in accomplishing the purposes of this subchapter to create a public body; (2) Set forth the names of the public agencies which are proposed to form the public body; (3) Specify any limitations on the exercise of the public body’s powers; (4) Specify the number of directors of the public body, the number of directors required from each public agency, and the voting rights of each director, which number and voting rights may vary by agency and director; and (5) Approve the ﬁling of an application with the Secretary of State to create the public body corporate and politic. (c)(1) An application to create a public body corporate and politic shall then be prepared, setting forth: 230 25-20-201 STATE GOVERNMENT ### Page 240 (A) A request that a public body corporate and politic be created under this subchapter; (B) The proposed name for the public body; (C) The names of the participating public agencies; (D) Any limitations on the exercise of the public body’s powers; (E) The number of directors of the public body; (F) The number of directors required from each public agency; and (G) The voting rights of each director. (2) The application shall be deemed signed and approved by each public agency by attaching thereto a certiﬁed copy of the ordinance, resolution, or other action of each participating public agency. (d)(1) The Secretary of State shall examine the application, and, if the Secretary of State ﬁnds that the name proposed for the public body is not identical with that of any other corporation, agency, or instru- mentality of this state, so nearly similar as to lead to confusion and uncertainty, or otherwise deceptively misleading, the Secretary of State shall: (A) Receive and ﬁle the application; (B) Record it in an appropriate book of record in his or her office; (C) Make and issue a certiﬁcate of incorporation under the seal of the state setting forth the names of the participating public agencies; and (D) Record the certiﬁcate in an appropriate book of record in his or her office. (2) A copy of the certiﬁcate of incorporation, certiﬁed by the Secre- tary of State, shall be admissible in evidence in any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the public body and shall be conclusive proof of the ﬁling and contents of the certiﬁcate and the effective creation of the public body corporate and politic, absent fraud in the premises being established. (e)(1) Any application ﬁled with the Secretary of State pursuant to the provisions of this subchapter may be amended from time to time with the unanimous consent of the directors of the public body corpo- rate and politic who are entitled to vote. (2) The amendment shall be signed and ﬁled with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certiﬁcate of incorporation. History. Acts 1995, No. 813, § 2. 25-20-202. Board of directors — Executive director. (a)(1)(A) Each public body corporate and politic shall be adminis- tered and governed by a board of directors, with each director residing within the jurisdiction of the public agency which he or she represents. 231 25-20-202 INTERLOCAL COOPERATION ACT ### Page 241 (B) Each director shall be appointed by the governing body of the public agency which he or she represents, with all vacancies being likewise ﬁlled within forty-ﬁve (45) days. (2)(A) The directors shall receive no compensation for their services, but they shall be entitled to reimbursement of expenses incurred in the performance of their duties. (B) No director may serve more than six (6) consecutive years. (3) Before entering upon their duties, the directors shall take and subscribe to an oath of office swearing to discharge faithfully their duties in the manner provided by law. (b)(1) The board of directors shall appoint a paid executive director, who shall be in charge of the daily operations of the public body and shall be responsible for submitting a budget to the board of directors for approval and the hiring, dismissal, and compensation of other staff. (2) The board of directors shall have ﬁnal approval of all budgets. History. Acts 1995, No. 813, § 2. A.C.R.C. Notes. The operation of this section may be affected by the enactment of Acts 1995, No. 1211, codiﬁed as § 25- 16-901 et seq. 25-20-203. Powers. (a) Unless its application provides otherwise, each public body shall have the power to: (1) Have perpetual succession; (2) Maintain such offices as it may deem appropriate; (3) Execute and perform contracts; (4) Apply for and receive permits, licenses, certiﬁcates, and approv- als as may be necessary and construct, maintain, and operate facilities in accordance therewith; (5) Employ the services of professionals; (6) Purchase insurance; (7) Purchase, receive, own, hold, improve, use, lease, sell, convey, exchange, transfer, assign, mortgage, pledge, or otherwise acquire, dispose of, or deal with, real or personal property or any legal or equitable interest therein in its own name; (8) Apply for, receive, and use loans, grants, taxes, donations, and contributions from any public agency or other lawful source, including any taxes levied pursuant to any authority granted by the Arkansas Constitution or statutes, and amendments thereto, and any proceeds from the sale of bonds; (9) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes, in the manner prescribed in §§ 18-15-1202 — 18-15-1207 or in the manner provided by any other statutory provisions for the exercise of the power of eminent domain; and (10) Do any and all other acts and things necessary, convenient, or desirable to carry out the purposes of and to exercise the powers granted to the public body by this subchapter. 232 25-20-203 STATE GOVERNMENT ### Page 242 (b) A public body corporate and politic created as provided by this subchapter shall constitute an independent legal entity, and, notwith- standing any other provision of state law or any ordinance, resolution, or other action of any participating public agency to the contrary, none of the powers granted to a public body under the provisions of this subchapter or in its application for incorporation shall be subject to the further supervision or regulation or require the further approval or consent of any participating public agency. History. Acts 1995, No. 813, § 2. 25-20-204. Tax-exempt status of property and income. (a) Each public body corporate and politic created pursuant to this subchapter will be performing functions and will be a public instru- mentality of the participating public agencies. (b) Accordingly, all properties at any time owned by the public body and the income therefrom shall be exempt from all taxation in the state. History. Acts 1995, No. 813, § 2. 25-20-205. Immunity. (a) This subchapter does not abrogate or in any other manner affect the immunity of the participating public agencies. (b) Such immunity extends also to any public body corporate and politic created pursuant to this subchapter and to each director thereof. History. Acts 1995, No. 813, § 2. 25-20-206. Construction. This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accom- plishment of its purposes. To this end it shall not be necessary to comply with the general provisions of other laws dealing with public facilities, their acquisition, construction, equipping, maintenance, operation, leasing, encumbering, or disposition. History. Acts 1995, No. 813, § 2. 25-20-207. Withdrawal. (a)(1) If any public agency participating in a public body corporate and politic wishes to withdraw therefrom, the governing body of that public agency shall determine by ordinance or resolution, or otherwise pursuant to law, of the governing body, that it is in the best interest of the public agency to withdraw from the public body and give notice thereof to all directors of the public body and to the mayor, county judge, president, chair, or other chief executive of the governing body of each of the other public agencies. 233 25-20-207 INTERLOCAL COOPERATION ACT ### Page 243 (2) Each such governing body shall have ninety (90) days in which to determine, by ordinance or resolution, or otherwise pursuant to law, of the governing body, whether to dissolve the public body or continue without the withdrawing public agency. (b) The notice of withdrawal shall become effective upon the earlier of: (1) The date each public agency participating in the public body makes its determination, as provided in subsection (a) of this section; or (2) The expiration of ninety (90) days. History. Acts 1995, No. 813, § 2. CHAPTER 32 UNIFORM ELECTRONIC TRANSACTIONS ACT SECTION. 25-32-105. Use of electronic records and electronic signatures — Variation by agreement. 25-32-105. Use of electronic records and electronic signatures — Variation by agreement. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise pro- cessed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. History. Acts 2001, No. 905, § 5. 234 25-32-105 STATE GOVERNMENT ### Page 244 CONSTITUTION OF THE STATE OF ARKANSAS OF 1874 AMENDMENTS TO THE CONSTITUTION OF ARKANSAS OF 1874 AMENDMENT. 30. CITY LIBRARIES. 38. COUNTY LIBRARIES. 72. CITY AND COUNTY LIBRARY AMENDMENT. AMEND. 30. CITY LIBRARIES. Publisher’s Notes. This amendment was proposed by initiative petition and adopted at the general election on Nov. 5, 1940, by a vote of 107,115 for and 56,500 against. CASE NOTES Cited: Robinson v. Villines, 2009 Ark. 632, 362 S.W.3d 870 (2009). § 1. Petition for tax levy — Election. Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall ﬁle a petition with the Mayor asking that an annual tax on real and personal property be levied for the purpose of maintaining and operating a public city library and shall specify a rate of taxation not to exceed ﬁve mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualiﬁed electors of such city at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: For a ________ mill tax on real and personal property to be used for maintenance and operation of a public city library. Against a ________ mill tax on real and personal property to be used for maintenance and operation of a public city library. [As amended by Const. Amend. 72, § 1.] Publisher’s Notes. Before amendment by Ark. Const. Amend. 72, § 1, this sec- tion read: “Whenever 100 or more taxpay- ing electors of any city, having a popula- tion of not less than 5,000, shall ﬁle a petition with the Mayor asking that an annual tax on real and personal property be levied for the purpose of maintaining a public city library and shall specify a rate of taxation not exceeding one mill on the dollar, the question as to whether such tax shall be levied shall be submitted to the 235 ### Page 245 qualiﬁed electors of such city at a general city election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: “For a ________ mill tax on real and personal property to be used for mainte- nance of a public city library. “Against a ________ mill tax on real and personal property to be used for mainte- nance of a public city library.” § 2. Result of election — Certiﬁcation and proclamation — Tax levy. The Election Commissioners shall certify to the Mayor the result of the vote, and if a majority of the qualiﬁed electors voting on the question at such election vote in favor of the speciﬁed tax, then it shall thereafter be continually levied and collected as other general taxes of such city are levied and collected. The result of the election shall be proclaimed by the Mayor. The result so proclaimed shall be conclusive unless attacked in the courts within thirty days. The proceeds of any tax voted for the maintenance of a city public library shall be segre- gated by the city officials and used only for that purpose. § 3. Raising, reducing or abolishing tax — Petition and elec- tion. Whenever 100 or more taxpaying electors of any city having a library tax in force shall ﬁle a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualiﬁed electors at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certiﬁed and proclaimed, as provided in Section 2 hereof, and the result as pro- claimed shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualiﬁed electors voting on the question of such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 2.] Publisher’s Notes. Before amendment by Ark. Const. Amend. 72, § 2, this sec- tion read: “Whenever 100 or more taxpay- ing electors of any city having a library tax in force shall ﬁle a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualiﬁed electors at a general city election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certiﬁed and proclaimed, as provided in Section 2 hereof, and the result as proclaimed shall be conclusive unless attacked in the courts within thirty days. The tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualiﬁed electors voting on the question of such election; provided, however, that it shall not be raised to more than one mill on the dollar. If lowered or raised, the 236 Amend. 30, § 2 CONSTITUTION OF ARKANSAS ### Page 246 revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes as provided for in Section 2 hereof.” § 4. Co-ordination of city with county library. Nothing herein shall be construed as preventing a co-ordination of the services of a city public library and a county public library. § 5. Petition for tax levy — Election. (a) Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall ﬁle a petition with the Mayor asking that an annual tax on real and personal property be levied for capital improvements to or construction of a public city library and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualiﬁed electors of such city at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: For a ____ mill tax on real and personal property to be used for capital improvements to or construction of a public city library. Against a ____ mill tax on real and personal property to be used for capital improvements to or construction of a public city library. (b) The electors may authorize the governing body of the city to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized by this section for the purpose of retiring the bonds. The ballot submitting the question to the voters shall be in substantially the following form: For a ____ mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to ﬁnance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the city. Against a ____ mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to ﬁnance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as they shall be approved by the city. (c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot. (d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to 237 Amend. 30, § 5 CITY LIBRARIES ### Page 247 its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated shall be transferred to the general funds of the city, and shall be used for maintenance and operation of the public city library. (e) Notwithstanding any other provision of this amendment, a tax approved by the voters for the purpose of paying the bonded indebted- ness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [As added by Const. Amend. 72, § 3; as amended by Const. Amend. 89, § 14.] Publisher’s Notes. Ark. Const. Amend. 89, § 14, amended this section effective January 1, 2011. Amendment 89 was proposed by H.J.R. 1004 during the 2009 Regular Session and adopted at the 2010 general election by a vote of 448,711 for and 250,167 against. Before amendment, the introductory language of subsection (b) read: “The elec- tors may authorize the governing body of the city to issue bonds as prescribed by law for capital improvements to or con- struction of the library and to authorize the pledge of all, or any part of, the tax authorized by this section for the purpose of retiring the bonds. The interest rate on any bonds shall not exceed the rate pro- vided by this Constitution. The ballot sub- mitting the question to the voters shall be in substantially the following form:” AMEND. 38. COUNTY LIBRARIES. Publisher’s Notes. This amendment was proposed by initiative petition and approved at the general election on Nov. 5, 1946, by a vote of 64,859 for and 60,262 against. See Acts 1947, p. 1077. § 1. Petition for tax levy — Election. Whenever 100 or more taxpaying electors of any county shall ﬁle a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of maintaining and operat- ing a public county library or a county library service or system and shall specify a rate of taxation not to exceed ﬁve mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualiﬁed electors of such county at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: FOR a ________ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system. AGAINST a ________ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system. [As amended by Const. Amend. 72, § 4.] 238 Amend. 38 CONSTITUTION OF ARKANSAS ### Page 248 Publisher’s Notes. Before amendment by Const. Amend. 72, § 4, this section read: “Whenever 100 or more tax paying electors of any county shall ﬁle a petition in the County Court asking that an an- nual tax on real and personal property be levied for the purpose of maintaining a public county library or a county library service or system and shall specify a rate of taxation not exceeding one mill on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualiﬁed electors of such county at a gen- eral county election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substan- tially the following form: “FOR a ________ mill tax on real and personal property to be used for mainte- nance of a public county library or county library service or system. “AGAINST a ________ mill tax on real and personal property to be used for main- tenance of a public county library or county library service or system.” Cross References. Counties with two districts, § 13-2-403. § 2. Result of election — Certiﬁcation — Record — Tax levy — Funds — Disbursement. The election commissioners shall certify to the County Judge the result of the vote. The County Judge shall cause the result of the election to be entered of record in the County Court. The result so entered shall be conclusive unless attacked in the courts within thirty days. If a majority of the qualiﬁed electors voting on the question at such election vote in favor of the speciﬁed tax, then it shall thereafter be continually levied and collected as other general taxes of such county are levied and collected; provided, however, that such tax shall not be levied against any real or personal property which is taxed for the maintenance of a city library, pursuant to the provisions of Amendment No. 30; and no voter residing within such city shall be entitled to vote on the question as to whether county tax shall be levied. The proceeds of any tax voted for the maintenance of a county public library or county library service or system shall be segregated by the county officials and used only for that purpose. Such funds shall be held in the custody of the County Treasurer. No claim against said funds shall be approved by the County Court unless ﬁrst approved by the County Library Board, if there is a county Library Board functioning under Act 244 of 1927 [§§ 17-1001—17-1011], or similar legislation. Publisher’s Notes. The remaining sec- tions of Acts 1927, No. 244, are codiﬁed in § 13-2-401 et seq. § 3. Raising, reducing or abolishing tax — Petition and elec- tion. Whenever 100 or more taxpaying electors of any county having library tax in force shall ﬁle a petition in the County Court asking that such tax be raised, reduced or abolished, the question shall be submit- ted to the qualiﬁed electors at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be 239 Amend. 38, § 3 COUNTY LIBRARIES ### Page 249 certiﬁed and entered of record as provided in Section 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of qualiﬁed electors voting on the question at such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 5.] Publisher’s Notes. Before amendment by Ark. Const. Amend. 72, § 5, this sec- tion read: “Whenever 100 or more tax paying electors of any county having li- brary tax in force shall ﬁle a petition in the County Court asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualiﬁed electors at a general county election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Sec- tion 1 hereof. The result shall be certiﬁed and entered of record as provided in Sec- tion 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. The tax shall be lowered, raised or abolished, as the case may be, according to the majority of qualiﬁed electors voting on the question at such election; provided, however, that it shall not be raised to more than one mill on the dollar. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposes as pro- vided in Section 2 hereof.” § 4. Co-ordination of county with city library. Nothing herein shall be construed as preventing the co-ordination of the services of a city public library and county public library, or the co-ordination of the services of libraries of different counties. § 5. Petition for tax levy — Election. (a) Whenever 100 or more taxpaying electors of any county shall ﬁle a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of capital improvements to or construction of a public county library or a county library service or system and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualiﬁed electors of such county at a general or special election. Such petition must be ﬁled at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form: FOR a ____ mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system. AGAINST a ____ mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system. (b) The voters may authorize the County Court to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax 240 Amend. 38, § 4 CONSTITUTION OF ARKANSAS ### Page 250 authorized in Section 1 of this Amendment for the purpose of retiring the bonds. The ballot submitting the question to the voters shall be in substantially the following form: For a ________ mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $________, in aggregate principal amount, to ﬁnance capital improve- ments to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court. Against a ________ mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $________, in aggregate principal amount, to ﬁnance capital improve- ments to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court. (c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot. (d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated, shall be transferred to the general funds of the county, and shall be used for maintenance of the county library or county library service or system. (e) Notwithstanding any other provision of this Amendment, a tax approved by the voters for the purpose of paying the bonded indebted- ness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [As added by Const. Amend. 72, § 6; as amended by Const. Amend. 89, § 14.] Publisher’s Notes. Ark. Const. Amend. 89, § 14, amended this section effective January 1, 2011. Amendment 89 was proposed by H.J.R. 1004 during the 2009 Regular Session and adopted at the 2010 general election by a vote of 448,711 for and 250,167 against. Before amendment, the introductory language of subsection (b) read: “The vot- ers may authorize the County Court to issue bonds as prescribed by law for capi- tal improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized in Sec- tion 1 of this Amendment for the purpose of retiring the bonds. The interest rate on any bonds shall not exceed the rate pro- vided in this Constitution. The ballot sub- mitting the question to the voters shall be in substantially the following form:” 241 Amend. 38, § 5 COUNTY LIBRARIES ### Page 251 AMEND. 72. CITY AND COUNTY LIBRARY AMENDMENT (CONST. AMENDS. 30 AND 38, §§ 1 AND 3, AMENDED, CONST. AMENDS. 30 AND 38, § 5, ADDED). Publisher’s Notes. This amendment amended Ark. Const. Amend. 30, §§ 1, and 3, added Ark. Const. Amend. 30, § 5, amended Ark. Const. Amend. 38, §§ 1, and 3, and added Ark. Const. Amend. 38, § 5. The amendments to those sections are incorporated within those sections. The amendment was proposed by H.J.R. 1006 during the 1991 Regular Session and adopted at the 1992 general election by a vote of 471,325 for and 325,160 against. 242 Amend. 72 CONSTITUTION OF ARKANSAS ### Page 252 Index A ACCOUNTS AND ACCOUNTING. Library of secretary of state, §13-2-307. ADVERTISING. Municipal auditoriums. Commission to manage auditoriums. Advertising for bids, §14-141-110. APPROPRIATIONS. Counties. Ordinances, §14-14-907. County libraries. Authorized, §13-2-401. Municipal corporations. Libraries and reading rooms, §13-2-501. Ordinances. County appropriation ordinances, §14-14-907. ARKANSAS DIGITAL LIBRARY ACT, §§13-2-1001, 13-2-1002. ATTORNEY GENERAL. Municipal corporations. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns entitled to be advanced according to census, §14-37-107. AUCTIONS AND AUCTIONEERS. Counties. Personal property. Sale of surplus county property, §14-16-106. AUDITOR OF STATE. Municipal corporations. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns to be advanced according to census, §14-37-107. B BIDS AND BIDDING. Counties. Buildings. Advertisements for bids, §14-19-103. Personal property. Sale of surplus county property. Public auction, §14-16-106. Municipal corporations. Auditoriums. Commission to manage auditoriums. Purchases and supplies. Advertising for bids, §14-141-110. Purchase without competitive bidding in certain cities, §14-141-110. Personal property. Counties. Sale of surplus county property. Public auctions, §14-16-106. BOARDS AND COMMISSIONS. Meetings. Public meetings, requirements, §25-19-106. Municipal corporations. Board of municipal corporations, §§14-37-106 to 14-37-108, 14-37-111. Libraries and reading rooms. Board of trustees, §13-2-502. Donations for library. Control by board, §13-2-504. Powers of trustees, §13-2-503. Funds. Surplus funds. Use to match federal or other funds, §13-2-504. Report of trustees, §13-2-509. State library. State library board. Chairman. Selection. Meetings of board, §13-2-206. Compensation, §13-2-205. Creation, §13-2-205. Expenses, §13-2-205. Librarian. Management, §13-2-204. I-1 ### Page 253 BOARDS AND COMMISSIONS —Cont’d State library —Cont’d State library board —Cont’d Meetings, §13-2-206. Members, §13-2-205. Terms of office, §13-2-205. Vacancies, §13-2-205. BONDS, SURETY. Constables, §14-14-1201. Coroners, §14-14-1201. Counties. Assessors of counties, §14-14-1201. Clerks of counties, §14-14-1201. Employees, §14-14-1201. Judges of counties, §14-14-1201. Officers, §14-14-1201. Purchasing. Accompanying bids, §14-22-108. Surveyors of counties, §14-14-1201. Tax collectors, §14-14-1201. Treasurers of counties, §14-14-1201. Sheriffs, §14-14-1201. Townships. Officers and employees, §14-14-1201. BOOKS. Guidelines for selection, relocation, and retention of materials, §13-2-106. Library of secretary of state. Binding, §13-2-302. Injury to or failure to return books. Penalty, §13-2-310. Missing books. Procuring copies of missing books, §13-2-304. Privilege of using books, §13-2-208. Removal of books, §13-2-309. BOUNDARIES. General assembly. Counties, §14-14-201. Johnson county. Area and population requirements. Exemption from provisions, §14-14-201. Lafayette county. Area and population requirements. Exemption from provisions, §14-14-201. County seat. Minimum distance between boundary and county seat, §14-14-201. Pope county. Area and population requirements. Exemption from provisions, §14-14-201. C CARRYING FIREARM IN PUBLICLY OWNED BUILDING OR FACILITY, §5-73-122. CENSORSHIP. Public school Internet ﬁlters, §13-2-103. CHALLENGE TO APPROPRIATENESS OF MATERIALS, §13-2-106. CHARITABLE SOLICITATIONS, §§4-28-401 to 4-28-418. Annual ﬁnancial reports and ﬁscal reports, §4-28-403. Deﬁnitions, §4-28-401. Disclosure of donor list and other records, §4-28-403. Exemptions from registration and ﬁnancial disclosure requirements, §4-28-404. Records, §4-28-403. Registration of charitable organizations. Prior to solicitation, §4-28-402. Reports, §4-28-403. Retention of records, time period, §4-28-403. Tax or information returns. Annual ﬁling, §4-28-403. CHILD PORNOGRAPHY. Furnishing harmful items to minors, §5-27-212. CIRCUIT COURTS. Clerks of court. Bonds, surety, §14-14-1201. CLEARINGHOUSES. State library. State and local government publications clearinghouse, §13-2-212. College and university libraries. Contracts, §13-2-214. Copies provided clearinghouse. Number, §13-2-213. COMPACTS. Interstate library compact, §§13-2-601 to 13-2-606. COMPUTERS AND SOFTWARE. Furnishing harmful items to minors, §5-27-212. Public school Internet ﬁlters, §13-2-103. I-2 INDEX ### Page 254 CONCEALED WEAPONS. Municipally owned or operated recreational property. Carrying concealed ﬁrearm, §5-73-122. Prohibited places from carrying, §5-73-306. CONFIDENTIALITY OF INFORMATION. Counties. Certain records, §14-14-110. Patron’s records, §§13-2-701 to 13-2-706. CONFIDENTIALITY OF PATRON’S RECORDS. Construction of chapter, §13-2-705. Deﬁnitions, §13-2-701. Disclosure. Aggregate statistics, §13-2-705. Penalties for violations, §13-2-702. When permitted, §13-2-704. No liability, §13-2-702. When prohibited, §13-2-703. Exclusion of evidence of personally identiﬁable information obtained, §13-2-706. Limitation of actions, §13-2-702. Penalties for violations, §13-2-702. CONFLICTS OF INTEREST. Counties. Boards, advisory or administrative, §14-14-705. Officers and employees, §14-14-1202. CONSTABLES. Bonds, surety, §14-14-1201. CONSTITUTION OF ARKANSAS. City libraries. Coordination of city with county library, AR Const Amd 30 §4. Tax. Election on question, AR Const Amd 30 §§1, 2, 5, Amd 72. Levy, AR Const Amd 30 §2. Petition for, AR Const Amd 30 §§1, 5, Amd 72. Raising, reducing or abolishing. Petition and election, AR Const Amd 30 §3, Amd 72. Counties. Elections. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Taxation. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. CONSTITUTION OF ARKANSAS —Cont’d County libraries. Coordination of county with city library, AR Const Amd 38 §4. Tax levy for. Election, AR Const Amd 38 §§1 to 3, Amd 72. Petition, AR Const Amd 38 §§1, 5, Amd 72. Raising, reducing or abolishing tax. Petition and election, AR Const Amd 38 §3, Amd 72. Results of election, AR Const Amd 38 §2. Elections. Counties. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Municipal corporations. Libraries. City libraries. Coordination of city with county library, AR Const Amd 30 §4. Tax for, AR Const Amd 30 §§1 to 5. Taxation. Libraries, AR Const Amd 30 §§1 to 5. Taxation. Counties. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Municipal corporations. Libraries, AR Const Amd 30 §§1 to 5. CONSTRUCTION AND INTERPRETATION. Conﬁdentiality of patron’s records, §13-2-705. CONTRACTS. Counties. Buildings. Letting of contract. Lowest and best terms, §14-19-103. Part of contract, §14-19-103. Regional library system, §13-2-907. State library. Agreements with state archives and secretary of state, §13-2-209. Depository agreements, §13-2-211. University and college libraries, §13-2-214. I-3 INDEX ### Page 255 CONVEYANCES. Counties. Sales. Personal property, §14-16-106. COPIES. Library of secretary of state. Expenses of procuring works. Payment out of contingent fund of general assembly, §13-2-306. Missing books. Procuring copies, §13-2-304. Secretary of state. Library of secretary of state, §§13-2-304, 13-2-306. State and local government publications clearinghouse. Number of copies provided clearinghouse, §13-2-213. State library. State and local government publications clearinghouse. Number of copies provided clearinghouse, §13-2-213. CORONERS. Bonds, surety, §14-14-1201. COUNTIES. Appropriations. Ordinances, §14-14-907. Auctions and auctioneers. Personal property. Sale of surplus county property, §14-16-106. Bids. Buildings. Advertisements for bids, §14-19-103. Personal property. Sale of surplus county property. Public auction, §14-16-106. Boards and commissions. Administrative boards. Establishment by quorum courts, §14-14-705. Register of board appointment, §14-14-706. Advisory boards. Establishment by quorum courts, §14-14-705. Register of board appointment, §14-14-706. Conduct of affairs, §14-14-707. Meetings, §14-14-707. Public meetings, requirements, §25-19-106. Organization, §14-14-707. Records, §14-14-707. Register of board appointment, §14-14-706. COUNTIES —Cont’d Boards and commissions —Cont’d Reorganization of existing county boards and commissions, §14-14-712. Termination of existing organizations, §14-14-712. Voting, §14-14-707. Bond issues. Initiative and referendum. Petitions against county bond issues. Time for ﬁling, §14-14-919. Bonds, surety. Elected county officers and employees thereof, §14-14-1201. Employees, §14-14-1201. Purchasing. Accompanying bids, §14-22-108. Tax collectors, §14-14-1201. Boundaries. Alteration of boundaries. Area. Minimum area, §14-14-201. Authority to change, §14-14-201. General assembly. Inherent powers, §14-14-201. Johnson county, §14-14-201. Lafayette county, §14-14-201. Minimum area and population, §14-14-201. Pope county, §14-14-201. Population. Minimum population, §14-14-201. Sebastian county, §14-14-201. County seats. Minimum distance between boundary and county seat, §14-14-201. General assembly. Alteration of boundaries. Inherent powers to change, §14-14-201. Inherent powers to change boundaries, §14-14-201. Buildings. Bids. Advertisements for bids, §14-19-103. Contracts. Letting of contract. Lowest and best terms, §14-19-103. Part of contract, §14-19-103. Costs. Estimate of cost, §14-19-103. Estimate of cost, §14-19-103. Plans of buildings, §14-19-103. Civil office-holding by certain elected officials, §14-14-115. I-4 INDEX ### Page 256 COUNTIES —Cont’d Conﬁdentiality of information. Certain records, §14-14-110. Conﬂicts of interest. Boards, advisory or administrative, §14-14-705. Officers and employees, §14-14-1202. Contracts. Buildings. Letting of contract. Lowest and best terms, §14-19-103. Part of contract, §14-19-103. Conveyances. Sales. Personal property, §14-16-106. Cooperation. Interlocal cooperation, §§25-20-101 to 25-20-108. See INTERLOCAL COOPERATION. County libraries, §§13-2-401 to 13-2-409. See COUNTY LIBRARIES. County seats. Boundaries. Minimum distance between boundary and county seat, §14-14-201. Deﬁnitions, §14-14-301. Sebastian county. Two county seats, §14-14-201. Second-class cities. Court having levying courts. County seats of less than 500, §14-37-105. Courthouses. Concealed weapons prohibited, §5-73-306. Deﬁnitions. County seats, §14-14-301. Interlocal agreements, §14-14-910. Officers and employees of county government, §14-14-1202. Purchasing, §14-22-101. Departments. Establishment, §14-14-704. Quorum courts. Establishment of county departments, §14-14-704. Dual office-holding. Civil office-holding by certain elected officials, §14-14-115. Elections. Initiative and referendum, §14-14-917. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Electronic records, §14-14-111. COUNTIES —Cont’d Ethics. County officials and employees, §14-14-1202. Governing bodies. Public meetings, requirements, §25-19-106. Grants-in-aid agreements. Enacted through appropriation ordinance. Not considered interlocal agreement, §14-14-910. Initiative and referendum. Bond issues. Petition against county bond issue. Time for ﬁling, §14-14-919. Election. Ballots, §14-14-917. Contest of election, §14-14-917. Notice, §14-14-917. Time for, §14-14-917. Vote required for enactment of ordinance, §14-14-917. Enactment of ordinance. Vote required, §14-14-917. Notice. Election, §14-14-917. Petitions, §14-14-914. Against county bond issues. Time for ﬁling, §14-14-919. Requirements, §14-14-915. Sufficiency, §14-14-915. Time for ﬁling, §14-14-915. Petitions against county bond issues, §14-14-919. Reservation of legislative powers, §14-14-914. Restrictions, §14-14-914. Interlocal agreements. Deﬁnitions, §14-14-910. Legislative powers, §14-14-802. Enumeration of services provided, §14-14-802. Self government powers. Enumeration of powers, §14-14-801. Services provided citizens, §14-14-802. Maps and plats. Public buildings, §14-19-103. Meetings. Public meetings. Required, §14-14-109. Public participation, §14-14-109. Rules and regulations. Public participation, §14-14-109. Motor vehicles. Purchasing. Deﬁnition of used or secondhand motor vehicles, equipment or machinery, §14-22-101. I-5 INDEX ### Page 257 COUNTIES —Cont’d Notice. Initiative and referendum. Election, §14-14-917. Personal property. Sale of surplus county property, §14-16-106. Officers and employees. Bonds, surety, §14-14-1201. Deﬁnitions, §14-14-1202. Ethics, §14-14-1202. Ordinances. Adoption, §14-14-905. Amendments, §14-14-905. Appropriation ordinances, §14-14-907. Effective date, §14-14-905. Initiative and referendum. Generally, §§14-14-914 to 14-14-919. Publication, §14-14-905. Referral to electors, §14-14-905. Personal property. Bids and bidding. Sale of surplus county property, §14-16-106. Notice. Sale of surplus county property, §14-16-106. Sale of surplus county property, §14-16-106. Auctions and auctioneers. Highest bidder, §14-16-106. Notice, §14-16-106. Public auction, §14-16-106. Sales, §14-16-106. Petitions. Initiative and referendum, §§14-14-914, 14-14-915, 14-14-919. Publication. Ordinances, §14-14-905. Purchasing. Bids. Formal bidding. Deﬁned, §14-22-101. When required, §14-22-104. Opened in public, §14-22-108. Procedure, §14-22-108. Purchases exempted from soliciting bids, §14-22-106. Bonds, surety. Accompanying bids, §14-22-108. Deﬁnitions, §14-22-101. Commodities, §14-22-101. Formal bidding, §14-22-101. Open market purchases, §14-22-101. Purchase, §14-22-101. Purchase price, §14-22-101. Trade-in purchases, §14-22-101. COUNTIES —Cont’d Purchasing —Cont’d Deﬁnitions —Cont’d Used or secondhand motor vehicles, equipment or machinery, §14-22-101. Exemptions from bid solicitation requirements, §14-22-106. Open market purchases, §14-22-104. Deﬁned, §14-22-101. Types of purchases required and permitted, §14-22-104. Quorum courts. Boards and commissions. Establishment, §14-14-704. Legislative powers of county government, §14-14-802. Self-government powers, §14-14-801. Records, §14-14-110. Conﬁdentiality of information, §14-14-110. Electronic records, §14-14-111. Public records, §14-14-110. Rules and regulations. Affording reasonable public participation, §14-14-109. Sales. Bids. Sale of surplus county property, §14-16-106. Notice. Surplus county property, §14-16-106. Personal property. Surplus county property, §14-16-106. Auctions and auctioneers, §14-16-106. Highest bidder, §14-16-106. Notice, §14-16-106. Bids and bidding, §14-16-106. Notice, §14-16-106. Public auctions, §14-16-106. Subordinate service districts. Establishment, §14-14-706. Taxation. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Tax collectors. Bonds, surety, §14-14-1201. COUNTY ASSESSORS. Bonds, surety, §14-14-1201. COUNTY CLERKS. Bonds, surety, §14-14-1201. COUNTY COURTS. County libraries. Establishment of county libraries, §13-2-401. I-6 INDEX ### Page 258 COUNTY COURTS —Cont’d Deﬁnitions. Interlocal agreements, §14-14-910. Permanent or perpetual relationship, §14-14-910. Interlocal agreements, §14-14-910. COUNTY JUDGES. Bonds, surety, §14-14-1201. COUNTY LIBRARIES. Appropriations. Authorized, §13-2-401. Cooperation with other counties. Joint library authorized, §13-2-401. Coordination of city with county library, AR Const Amd 38 §4. Counties with two districts. Levy of library tax, §13-2-403. County courts. Establishment of county libraries, §13-2-401. County free library fund, §13-2-404. Appropriations, §13-2-402. Custody, §13-2-404. County librarians. Appointment, §13-2-402. Duties, §13-2-402. Qualiﬁcations, §13-2-402. Damage to property, §13-2-408. Establishment by county courts, §13-2-401. Extension of services outside county, §13-2-406. Funds. County free library fund, §13-2-404. Appropriations, §13-2-402. Custody, §13-2-404. Surplus funds. Use of funds to match federal or other funds, §13-2-405. Injuries to library property, §13-2-408. Joint city-county and regional public library systems, §13-2-407. Librarians. Appointment, §13-2-402. Duties, §13-2-402. Qualiﬁcations, §13-2-402. Library tax petition. Filing fee, §13-2-409. Regional and joint city-county public library systems, §13-2-407. Regional library system. Generally, §§13-2-901 to 13-2-907. Taxation. Levy of tax for libraries, AR Const Amd 38 §§1 to 3. Counties with two districts, §13-2-403. COUNTY SURVEYORS. Bonds, surety, §14-14-1201. COUNTY TREASURERS. Bonds, surety, §14-14-1201. COURTHOUSES. Concealed weapons. Prohibited places, §5-73-306. CREDIT CARDS. Credit card and debit card payments to library, §13-2-105. CRIMINAL LAW AND PROCEDURE. Counties. Boards, advisory or administrative. Conﬂicts of interest, §14-14-705. Officers and employees. Ethical rules of conduct violations, §14-14-1202. Furnishing harmful items to minors, §5-27-212. Library materials security. Unauthorized removal or willful mutilation, §13-2-803. Obstructing governmental operations. Tampering with public records, §5-54-121. D DEBIT CARDS. Credit card and debit card payments to library, §13-2-105. DEFINED TERMS. Administrative rights. County electronic records, §14-14-111. Applicable ad valorem rate. Redevelopment districts, §14-168-301. Background and nondecisional information. Freedom of information act, §25-19-103. Base value. Redevelopment districts, §14-168-301. Blighted area. Redevelopment districts, §14-168-301. Charitable organization. Solicitation of charitable contributions, §4-28-401. Charitable purpose. Solicitation of charitable contributions, §4-28-401. Charitable sales promotion. Solicitation of charitable contributions, §4-28-401. I-7 INDEX ### Page 259 DEFINED TERMS —Cont’d Civil office. Civil office-holding by certain elected officials, §14-14-115. Claimant agencies. Collection of delinquent taxes. Setoff against state tax refund, §26-36-303. Club, §5-73-120. Commercial coventurer. Solicitation of charitable contributions, §4-28-401. Commodities. County purchasing, §14-22-101. Conﬁdentiality of patron’s records, §13-2-701. Conﬁdential library records, §13-2-701. Contribution. Charitable solicitations, annual ﬁnancial reports, §4-28-403. Solicitation of charitable contributions, §4-28-401. County interlocal agreement, §14-14-910. County seat, §14-14-301. Current value. Redevelopment districts, §14-168-301. Custodian. Freedom of information act, §25-19-103. Cybersecurity. Freedom of information act, §25-19-103. Debt. Setoff against state tax refund, §26-36-303. Debtor. Collection of delinquent taxes. Setoff against state tax refund, §26-36-303. Debt service ad valorem rate. Redevelopment districts, §14-168-301. Deliberation. Freedom of information act, §25-19-103. Disaster recovery system. Freedom of information act, §25-19-103. Electronic record. Counties, §14-14-111. Emergency. Elections, §7-11-205. Executive head of the county or city. Libraries, §13-2-106. Facilities. Firearms. Carrying loaded ﬁrearms, §5-73-122. DEFINED TERMS —Cont’d Formal bidding. County purchasing, §14-22-101. Format. Freedom of information act, §25-19-103. Fund raising council. Solicitation of charitable contributions, §4-28-401. Governing body. Freedom of information act, §25-19-103. Governing body of the county or city. Libraries, §13-2-106. Governmental body. Elections, use of public funds to support or oppose ballot measures, §7-1-111. Gross revenue. Solicitation of charitable contributions, §4-28-401. Handgun, §5-73-120. Harmful to minors. Education, Internet ﬁlters, §6-21-111. Furnishing harmful items to minors, §5-27-212. School computer use policy, §6-21-107. Incremental value. Redevelopment districts, §14-168-301. Informal meeting. Freedom of information act, §25-19-103. Information that could reasonably be used to identify and individual. Freedom of information, §25-19-105. Internet. Furnishing harmful items to minors, §5-27-212. Internet website. Furnishing harmful items to minors, §5-27-212. Interstate library compact, §§13-2-601, 13-2-602. Item. Furnishing harmful items to minors, §5-27-212. Knife, §5-73-120. Learning materials. Public access to, §25-19-103. Library materials. Security, §13-2-802. Local governing body. Redevelopment districts, §14-168-301. Local government. Redevelopment districts, §14-168-301. Local publication, §13-2-201. I-8 INDEX ### Page 260 DEFINED TERMS —Cont’d Medium. Freedom of information act, §25-19-103. Membership. Solicitation of charitable contributions, §4-28-401. Municipally owned utility system. Freedom of information act, §25-19-103. Mutilate. Library materials security, §13-2-802. Nondisclosure agreement. Learning materials, public access to, §25-19-105. Open market purchases. County purchasing, §14-22-101. Paid solicitor. Solicitation of charitable contributions, §4-28-401. Parent organization. Solicitation of charitable contributions, §4-28-401. Patron. Conﬁdential library records, §13-2-701. Permanent or perpetual relationship. County interlocal agreements, §14-14-910. Person. Solicitation of charitable contributions, §4-28-401. Poll. Freedom of information act, §25-19-103. Professional telemarketer. Solicitation of charitable contributions, §4-28-401. Project costs. Redevelopment districts, §14-168-301. Project plan. Redevelopment districts, §14-168-301. Public access computers. Education, Internet ﬁlters, §6-21-111. School computer use policy, §6-21-107. Public agency. Interlocal cooperation act, §25-20-103. Public entity. Freedom of information act, §25-19-103. Public funds. Elections, use of public funds to support or oppose ballot measures, §7-1-111. Public meetings. Freedom of information act, §25-19-103. DEFINED TERMS —Cont’d Public records. Counties, electronic records, §14-14-111. Freedom of information act, §25-19-103. Public servant. Elections, use of public funds to support or oppose ballot measures, §7-1-111. Public water system. Freedom of information, §25-19-103. Purchase. County purchasing, §14-22-101. Purchase price. County purchasing, §14-22-101. Purchasing official. County purchasing, §14-22-101. Real property. Redevelopment districts, §14-168-301. Redevelopment district, §14-168-301. Redevelopment project, §14-168-301. Refunds. Collection of delinquent taxes. Setoff against state tax refund, §26-36-303. Remotely. Freedom of information act, §25-19-103. Retail customer. Interlocal cooperation act, §25-20-103. Setoff. Collection of delinquent taxes. Setoff against state tax refund, §26-36-303. Solicitation. Solicitation of charitable contributions, §4-28-401. Special fund. Redevelopment districts, §14-168-301. State. Interlocal cooperation act, §25-20-103. State library agency. Interstate library compact, §13-2-601. State publication, §13-2-201. Storm water system. Interlocal cooperation act, §25-20-103. Surplus water. Interlocal cooperation act, §25-20-103. Tax increment. Redevelopment districts, §14-168-301. Taxing unit. Redevelopment districts, §14-168-301. Total ad valorem rate. Redevelopment districts, §14-168-301. Trade-in purchases. County purchasing, §14-22-101. I-9 INDEX ### Page 261 DEFINED TERMS —Cont’d Used or secondhand motor vehicles, equipment or machinery. County purchasing, §14-22-101. Vulnerability assessment. Freedom of information act, §25-19-103. Wastewater system. Interlocal cooperation act, §25-20-103. Water systems. Interlocal cooperation act, §25-20-103. Without authorization. Library materials security, §13-2-802. DIGITAL LIBRARY ACT, §§13-2-1001, 13-2-1002. DISABILITIES, INDIVIDUALS WITH. Blue and white international symbol of access, §20-14-307. Discrimination. Public rights of individuals with disabilities, §20-14-303. Display of signs for the disabled. International symbol of access, §20-14-307. Dogs. Killing or injuring service animals, §20-14-304. Misrepresentation of animal as service animal or service animal-in-training, §20-14-310. Right of individual with disabilities to be accompanied by service animal, §§20-14-304, 20-14-308. Housing. Right to housing accommodations, §20-14-305. International symbol of access, §20-14-307. Policy of state, §20-14-301. Public rights of individuals with disabilities, §20-14-303. Rights. Policy of state, §20-14-301. Public accommodations, §20-14-303. Violations, §20-14-302. Service animals. Killing or injuring, §20-14-304. Misrepresentation of animal as service animal or service animal-in-training, §20-14-310. Right to be accompanied by service animal, §§20-14-304, 20-14-308. Websites, accessibility complaints. Notice and opportunity to correct violation, §20-14-309. White cane law, §20-14-306. DOCUMENTS. Library of secretary of state. Binding, §13-2-302. DONATIONS. Charitable contributions, §§4-28-401 to 4-28-418. DUAL OFFICE HOLDING. Counties. Civil office-holding by certain elected officials, §14-14-115. E EDUCATION. Computers. Internet access, §6-21-107. Internet ﬁlters required, §6-21-111. County boards of education. Open public meetings, §25-19-106. Internet access, §6-21-107. Internet ﬁlters. Public schools, §13-2-103. Required, §6-21-111. Meetings. Open public meetings. School districts and county boards of education, §25-19-106. Open public meetings. County boards of education, §25-19-106. School districts, §25-19-106. Public school Internet ﬁlters, §13-2-103. School districts. Open public meetings, §25-19-106. State library. Department of education. State library established and created within department, §13-2-203. ELECTIONS. Municipal corporations. Towns. Advancement of second-class city, §14-37-112. Officers, §14-37-112. Public officers and employees. Use of public funds to support or oppose ballot measures, §7-1-111. ELECTRONIC TRANSACTIONS. Agreements. Variation by agreement, §25-32-105. Applicability of provisions, §25-32-105. Scope of provisions, §25-32-105. I-10 INDEX ### Page 262 EMERGENCY ASSISTANCE. Good Samaritan law, §17-95-101. ETHICS. County officials and employees, §14-14-1202. EVIDENCE. Conﬁdentiality of patron’s records. Personally identiﬁable information obtained not in compliance with subchapter. Exclusion of information obtained from admission into evidence, §13-2-706. F FEES. County libraries. Extension of services outside county, §13-2-406. Freedom of information. Electronic information requests, §25-19-109. FINES. Conﬁdentiality of patrons’ records, §13-2-702. County officers and employees. Ethical rules of conduct violations, §14-14-1202. Overdue ﬁnes. Payment by debit or credit card, §13-2-105. Service animals. Misrepresentation of animal as service animal or service animal-in-training, §20-14-310. FIREARMS AND OTHER WEAPONS. Carrying ﬁrearm in publicly owned building or facility, §§5-73-120, 5-73-122. Private employer parking lots. Places permitted or prohibited, §5-73-306. FREEDOM OF INFORMATION. Charitable donor lists, court order required for disclosure, §4-28-403. Copying requests, §25-19-105. Deﬁnitions, §25-19-103. Digital copying through image capture, §25-19-105. Electronic information requests, §25-19-109. FREEDOM OF INFORMATION —Cont’d Exemptions to be explicitly stated in laws, §25-19-110. Historical preservation program. Site ﬁles and records. Records deemed not public records, §25-19-105. Meetings. Public meetings. Deﬁned, §25-19-103. Executive sessions, §25-19-106. Remote attendance, §25-19-106. Requirements, §25-19-106. Notice of request for records, §25-19-105. Public guidance, information for, §25-19-108. Public officers and employees. Personnel records disclosure. Invasion of personal privacy. Availability of records to employee or designated representative, §25-19-105. Records deemed not public records, §25-19-105. Salary information, notice requirement exception, §25-19-105. Records. Public records. Deﬁned, §25-19-103. Examination and copying, §25-19-105. Requests for copies of records, §25-19-105. Schools and education. Learning materials, public access to, §25-19-105. Statutes enacted. Exemptions to be explicitly stated in laws, §25-19-110. FUNDS. County libraries. County free library fund, §13-2-404. Custody, §13-2-404. Surplus funds. Use of funds to match federal or other funds, §13-2-405. General assembly. Library of secretary of state. Expenses of procuring works. Payment out of contingent fund, §13-2-306. Solicitation of charitable contributions, §§4-28-401 to 4-28-418. I-11 INDEX ### Page 263 G GENERAL ASSEMBLY. Funds. Library of secretary of state. Expenses of procuring works. Payment out of contingent fund, §13-2-306. Library of secretary of state. Acts. Binding, §13-2-302. Expenses of procuring works. Payment out of contingent fund, §13-2-306. GOOD SAMARITANS. Emergency medical services, §17-95-101. GRANTS. Counties. Agreements enacted through appropriation ordinance. Not considered interlocal agreement, §14-14-910. H HEALTH CARE PROVIDERS. Good Samaritan law, §17-95-101. HISTORICAL PRESERVATION PROGRAM. Freedom of information. Site ﬁles and records. Records deemed not public records, §25-19-105. I IMMUNITY. Good Samaritan Law. Emergency medical services, §17-95-101. INITIATIVE AND REFERENDUM. Elections. Special elections. Calling election, §7-11-201. Time for holding, §7-11-205. INTERLOCAL COOPERATION. Agreements. Approval, §§25-20-104, 25-20-106. Filing, §25-20-105. Provisions, §25-20-104. INTERLOCAL COOPERATION —Cont’d Agreements —Cont’d Requirements, §25-20-104. Speciﬁcations to be included, §25-20-104. Submission to state officer or agency controlling services or facilities, §25-20-106. Appropriations, §25-20-107. Citation of act. Short title, §25-20-101. Contracts. Services from another agency, §25-20-108. Damages. Liability for damages under agreements, §25-20-105. Deﬁnitions, §25-20-103. Legislative declaration, §25-20-102. Public library systems. Public body corporate and politic. Board of directors, §25-20-202. Construction of subchapter, §25-20-206. Creation, §25-20-201. Executive director, §25-20-202. Immunity, §25-20-205. Powers, §25-20-203. Tax exempt status, §25-20-204. Withdrawal of public agency, §25-20-207. Purpose of provisions, §25-20-102. Title of act. Short title, §25-20-101. INTERNET. Digital library act, §§13-2-1001, 13-2-1002. Disabilities, individuals with. Websites, accessibility complaints. Notice and opportunity to correct violation, §20-14-309. Furnishing harmful items to minors, §5-27-212. Public meetings of governing bodies. Notice, §25-19-106. Public school Internet ﬁlters, §13-2-103. School districts. Access policies, §6-21-107. Internet ﬁlters required, §6-21-111. INTERSTATE COMPACTS. Interstate library compact, §§13-2-601 to 13-2-606. I-12 INDEX ### Page 264 J JOHNSON COUNTY. Boundaries. Area and population requirements. Exemption from provisions, §14-14-201. JUSTICES OF THE PEACE. Bonds, surety, §14-14-1201. L LAFAYETTE COUNTY. Boundaries. Area and population requirements. Exemption from provisions, §14-14-201. County seat. Minimum distance between boundary and county seat, §14-14-201. County seat. Boundaries. Minimum distance between boundary and county seat, §14-14-201. LIBRARY OF SECRETARY OF STATE. Accounts and accounting, §13-2-307. Binding of books and documents, §13-2-302. Books. Binding, §13-2-302. Injury to or failure to return books. Penalty, §13-2-310. Missing books. Procuring copies of missing books, §13-2-304. Privilege of using books, §13-2-208. Removal of books, §13-2-309. Copies. Expenses of procuring works. Payment out of contingent fund of general assembly, §13-2-306. Missing books. Procuring copies, §13-2-304. Documents. Binding, §13-2-302. Expenses. Payment out of contingent fund of general assembly, §13-2-306. General assembly. Acts. Binding, §13-2-302. Expenses of procuring works. Payment out of contingent fund, §13-2-306. LIBRARY OF SECRETARY OF STATE —Cont’d Librarian. Binding of books and documents, §13-2-302. Designation of secretary as librarian, §§13-2-202, 13-2-301. Missing books. Procuring copies of, §13-2-304. Secretary of state designated, §§13-2-202, 13-2-301. Names. Designation, §13-2-202. Penalties. Injury to or failure to return books or charts, §13-2-310. Privilege of using books, citizens and strangers, §13-2-308. State library. Effect of subchapter, §13-2-202. United States. Books and documents of United States. Binding, §13-2-302. LIMITATION OF ACTIONS. Conﬁdentiality of patron’s records. Disclosure of conﬁdential information, §13-2-702. LOCAL GOVERNMENTS. Interlocal cooperation, §§25-20-101 to 25-20-108. See INTERLOCAL COOPERATION. State library. Depository for local documents, §13-2-210. State and Local Government Publications Clearinghouse, §13-2-212. Copies provided clearinghouse. Number, §13-2-213. University and college libraries. Contracts, §13-2-214. M MAPS AND PLATS. Counties. Public buildings, §14-19-103. MEETINGS. Freedom of information act. Public meetings. Deﬁned, §25-19-103. Executive sessions, §25-19-106. Remote attendance, §25-19-106. Requirements, §25-19-106. I-13 INDEX ### Page 265 MINORS. Public school Internet ﬁlters, §13-2-103. MOTOR VEHICLES. Concealed weapons. Private employer parking lots. Places permitted or prohibited, §5-73-306. County purchasing procedures. Deﬁnition of used or secondhand motor vehicles, equipment or machinery, §14-22-101. MULTI-JURISDICTIONAL SYSTEM AGREEMENTS, §13-2-102. MUNICIPAL CORPORATIONS. Advertising. Auditoriums. Purchases and supplies. Commission to manage auditoriums. Advertising for bids, §14-141-110. Appropriations. Libraries and reading rooms, §13-2-501. Attorney general. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns entitled to be advanced according to census, §14-37-107. Auditoriums. Commission to manage auditoriums. Bids and bidding. Purchases and supplies. Advertising for bids, §14-141-110. Purchases without competitive bidding in certain cities, §14-141-110. Cities of 25,500 to 27,000. Certain purchases without competitive bidding, §14-141-110. Purchases and supplies, §14-141-110. Advertising for bids, §14-141-110. Bids and bidding. Advertising for bids, §14-141-110. Purchases without competitive bids in certain cities, §14-141-110. MUNICIPAL CORPORATIONS —Cont’d Auditor of state. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns to be advanced according to census, §14-37-107. Bids. Auditoriums. Commission to manage auditoriums. Purchases and supplies. Advertising for bids, §14-141-110. Purchase without competitive bidding in certain cities, §14-141-110. Purchases and supplies. Auditoriums. Commission to manage auditoriums, §14-141-110. Board of municipal corporations. Ascertainment of cities and towns entitled to be advanced according to census, §14-37-107. Composition, §14-37-106. Declaration of advancement between census periods, §14-37-108. Membership, §14-37-106. Reduction of city to lower grade, §14-37-111. Boards and commissions. Libraries and reading rooms. Board of trustees, §13-2-502. Donations for library. Control by board, §13-2-504. Powers of trustees, §13-2-503. Funds. Surplus funds. Use to match federal or other funds, §13-2-504. Report of trustees, §13-2-509. Cities of the ﬁrst class, §14-37-104. Application to cities and towns existing prior to constitution of 1874, §14-37-101. Change in population, §14-37-113. Population, §§14-37-103, 14-37-104. Reduction of city to lower grade, §14-37-111. Change in population, §14-37-113. Procedure. Reduction to city of second class, §14-37-114. I-14 INDEX ### Page 266 MUNICIPAL CORPORATIONS —Cont’d Cities of the ﬁrst class —Cont’d Reduction of city to lower grade —Cont’d Reduction to city of second class, §14-37-114. Subsequent classiﬁcation as cities of the ﬁrst class, §14-37-104. Classiﬁcation of cities and towns. Advancement to higher classiﬁcation. Application for advancement between census periods, §14-37-108. Census. Special census to determine classiﬁcation, §14-37-109. Evidence of population, §14-37-108. Accompanying application for advancement, §14-37-108. Perfection of organization. When statement of advancement received, §14-37-107. Special census to determine classiﬁcation, §14-37-109. Enumerators. Appointment, §14-37-109. Compensation, §14-37-110. Duties, §14-37-110. Filing of returns, §14-37-110. Oaths, §14-37-110. Pay, §14-37-110. Statement of advancement, §14-37-107. Perfection of organization when statement received, §14-37-107. Preparation and transmittal to mayor of city or town, §14-37-107. Towns. Advancement to second-class cities, §14-37-112. Application to cities and towns existing prior to constitution of 1874, §14-37-101. Board of municipal corporations. Ascertainment of cities and towns entitled to be advanced according to census, §14-37-107. Composition, §14-37-106. Declaration of advancement between census periods, §14-37-108. Membership, §14-37-106. Reduction of city to lower grade, §14-37-111. Change in population, §14-37-113. MUNICIPAL CORPORATIONS —Cont’d Classiﬁcation of cities and towns —Cont’d County seat of second-class city. When county has two levying courts, §14-37-105. Division into classes, §14-37-102. Enumerators. Special census to determine classiﬁcation, §14-37-110. Population limits, §14-37-103. Reduction of city to lower grade, §14-37-111. Change in population, §14-37-113. Procedure. Reduction of city of ﬁrst class to second-class city, §14-37-114. Reduction of city of ﬁrst class to second-class city, §14-37-114. Subsequent classiﬁcation as cities of the ﬁrst class, §14-37-104. Contracts. Libraries and reading rooms. Services outside city, §13-2-507. Cooperation. Interlocal cooperation, §§25-20-101 to 25-20-108. See INTERLOCAL COOPERATION. County seats. Cities of the second class. When county has two levying courts. County seats of less than 500, §14-37-105. Elections. Libraries. Establishment of libraries, §13-2-501. Towns. Advancement to city of second class, §14-37-112. Officers, §14-37-112. Funds. Libraries and reading rooms. Surplus funds. Use to match federal or other funds, §13-2-504. Gifts. Libraries and reading rooms. Donations for libraries, §13-2-505. Injuries. Libraries. Injuries to library property, §13-2-506. Penalties, §13-2-506. Joint city-county libraries, §13-2-508. Joint municipal libraries, §13-2-508. I-15 INDEX ### Page 267 MUNICIPAL CORPORATIONS —Cont’d Libraries and reading rooms. Appropriations. Establishment of libraries and reading rooms, §13-2-501. Board of trustees, §13-2-502. Appointment, §13-2-502. Appointment of librarian and employees, §13-2-503. Donations for library. Control by board, §13-2-505. Funds. Surplus funds. Use to match federal or other funds, §13-2-504. Oaths, §13-2-502. Organization, §13-2-502. Powers, §13-2-503. Reports, §13-2-509. Rules and regulations, §13-2-502. Terms of office, §13-2-502. Vacancies, §13-2-502. City and town library services, §13-2-510. City libraries. Coordination of city with county library, AR Const Amd 30 §4. Tax for, AR Const Amd 30 §§1 to 5. Contracts. Library services outside city, §13-2-507. Donations for beneﬁt of library, §13-2-505. Elections for establishment of libraries, §13-2-501. Employees. Appointment, §13-2-503. Establishment of libraries and reading rooms, §13-2-501. Fees for special services, §13-2-507. Funds. Surplus funds. Use to match federal or other funds, §13-2-504. Gifts. Donations for beneﬁt of library, §13-2-505. Injuries to library property, §13-2-506. Penalties, §13-2-506. Joint city-county libraries, §13-2-508. Joint municipal libraries, §13-2-508. Librarians. Appointment, §13-2-503. Penalties. Injuries to library property, §13-2-506. MUNICIPAL CORPORATIONS —Cont’d Libraries and reading rooms —Cont’d Regional library system. Generally, §§13-2-901 to 13-2-907. Reports. Board of trustees, §13-2-509. Trustees’ report, §13-2-509. Rules and regulations. Promulgation by board of trustees, §13-2-502. Tax revenues, §13-2-501. Oaths. Classiﬁcation of cities and towns. Advancement to higher classiﬁcation. Special census to determine classiﬁcation. Oaths of enumerators, §14-37-110. Officers. Towns. Advancement of towns to city of second class. Election of officers, §14-37-112. Penalties. Libraries and reading rooms. Injuries to library property, §13-2-506. Petitions. Libraries. Establishment of libraries and reading rooms, §13-2-501. Purchasing. Auditoriums. Commission to manage auditoriums, §14-141-110. Advertisements, §14-141-110. Bids and bidding. Advertising for bids, §14-141-110. Purchases without competitive bidding, §14-141-110. Purchases without competitive bidding, §14-141-110. Bids. Commission to manage auditorium, §14-141-110. Reading rooms. Establishment of libraries and reading rooms, §§13-2-501 to 13-2-510. Reports. Libraries and reading rooms. Trustees’ report, §13-2-509. Rules and regulations. Libraries. Board of trustees. Promulgation, §13-2-502. I-16 INDEX ### Page 268 MUNICIPAL CORPORATIONS —Cont’d Second-class cities, §14-37-105. Advancement of towns to city of second class, §14-37-112. Application to cities and towns existing prior to constitution of 1874, §14-37-101. Change in population, §14-37-113. Classiﬁcation of cities and towns. General provisions, §§14-37-101 to 14-37-114. County seat a second-class city. When county has two levying courts. County seats of less than 500, §14-37-105. Creation of division, §14-37-102. Population, §§14-37-103, 14-37-105. Reduction of city to lower grade, §14-37-111. Change in population, §14-37-113. Secretary of state. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns entitled to be advanced according to census, §14-37-107. Taxation. Libraries, AR Const Amd 30 §§1 to 5. Towns. Advancement to city of second class, §14-37-112. Adoption and publication of ordinance required, §14-37-112. Elections, §14-37-112. Officers, §14-37-112. Officers of cities, §14-37-112. Application to cities and towns existing prior to constitution of 1874, §14-37-101. Classiﬁcation of cities and towns. General provisions, §§14-37-101 to 14-37-114. Creation of division, §14-37-102. Library services, §13-2-510. MUNICIPALITIES. City councils. Public meetings, requirements, §25-19-106. Governing bodies. Public meetings, requirements, §25-19-106. N NOTICE. Counties. Initiative and referendum. Election, §14-14-917. Personal property. Sale of surplus county property, §14-16-106. Disabilities, individuals with. Websites, accessibility complaints. Notice and opportunity to correct violation, §20-14-309. Freedom of information. Notice of request for records, §25-19-105. Interstate library compact. Sending and receiving of notices required by compact, §13-2-604. Personal property. Counties. Sale of surplus county property, §14-16-106. Public meetings of governing bodies, §25-19-106. O OATHS OR AFFIRMATIONS. Municipal corporations. Classiﬁcation of cities and towns. Advancement to higher classiﬁcation. Special census to determine classiﬁcation. Oaths of enumerators, §14-37-110. Public officers and employees. Administration of oaths, §21-2-105. OBSTRUCTING GOVERNMENTAL OPERATIONS. Tampering. Public records, §5-54-121. OPEN MEETINGS. Freedom of information act. Public meetings. Deﬁned, §25-19-103. Requirements, §25-19-106. ORDINANCES. Appropriations. County appropriation ordinances, §14-14-907. Counties. Adoption, §14-14-905. Amendments, §14-14-905. Appropriation ordinances, §14-14-907. I-17 INDEX ### Page 269 ORDINANCES —Cont’d Counties —Cont’d Effective date, §14-14-905. Initiative and referendum. General provisions, §§14-14-914 to 14-14-919. Publication, §14-14-905. Referral to electors, §14-14-905. Regional library system, §13-2-903. P PERSONAL PROPERTY. Bids and bidding. Counties. Sale of surplus county property. Public auctions, §14-16-106. Notice. Counties. Sale of surplus county property, §14-16-106. PETITIONS. Counties. Initiative and referendum, §§14-14-914, 14-14-915, 14-14-919. County libraries. Levy of library tax, §13-2-409. PHYSICIANS AND SURGEONS. Good Samaritan law, §17-95-101. POPE COUNTY. Boundaries. Area and population requirements. Exemption from provisions, §14-14-201. PRISON TERMS. Conﬁdentiality of patrons’ records, §13-2-702. PROCUREMENT. Bids. Municipal corporations. Auditoriums. Commission to manage auditoriums, §14-141-110. Contracts. Bids. Municipal corporations. Commission to manage auditoriums. Advertising for bids, §14-141-110. Purchases without competitive bidding in certain cities, §14-141-110. PROCUREMENT —Cont’d Municipal corporations. Auditoriums. Commission to manage auditoriums, §14-141-110. Advertisements, §14-141-110. Bids and bidding. Advertising for bids, §14-141-110. Purchases without competitive bidding, §14-141-110. Purchases without competitive bidding, §14-141-110. Bids. Auditoriums. Commission to manage auditoriums, §14-141-110. PUBLIC FUNDS. Public school fund, §19-22-105. PUBLIC OFFICERS AND EMPLOYEES. Elections. Use of public funds to support or oppose ballot measures, §7-1-111. Freedom of information. Employee evaluation or job performance. Records deemed public records, §25-19-105. Personnel records disclosure. Invasion of personal privacy. Availability of records to employee or designated representative, §25-19-105. Records deemed not public records, §25-19-105. Salary information, notice requirement exception, §25-19-105. Oaths. Administration of oaths, §21-2-105. Persons before whom oath may be taken, §21-2-105. Records. Freedom of information. Availability to employee or designated representative, §25-19-105. Personnel records disclosure. Invasion of personal privacy. Records deemed not public records, §25-19-105. Salary information, notice requirement exception, §25-19-105. I-18 INDEX ### Page 270 PUBLIC SCHOOLS. Public school Internet ﬁlters, §13-2-103. R RECORDINGS. Public meetings, requirements, §25-19-106. RECORDS. Charitable organizations soliciting contributions, §4-28-403. Conﬁdentiality of patron’s records, §§13-2-701 to 13-2-706. Counties, §14-14-110. Conﬁdentiality of information, §14-14-110. Electronic records, §14-14-111. Public records, §14-14-110. Freedom of information act. General provisions, §§25-19-103 to 25-19-110. Public records. Deﬁned, §25-19-103. Examination and copying, §25-19-105. Historical preservation program. Freedom of information. Site ﬁles and records. Records deemed not public records, §25-19-105. Library materials security, §§13-2-801 to 13-2-806. Public officers and employees. Freedom of information. Availability to employee or designated representative, §25-19-105. Personnel records disclosure. Invasion of personal privacy. Records deemed not public records, §25-19-105. Salary information, notice requirement exception, §25-19-105. Public records. Freedom of information. Deﬁned, §25-19-103. Examination and copying, §25-19-105. General provisions, §§25-19-103 to 25-19-110. Tampering. Public records, §5-54-121. REDEVELOPMENT DISTRICTS. Deﬁnitions, §14-168-301. REDEVELOPMENT DISTRICTS —Cont’d Libraries, property taxes levied for. Exemption from chapter, diversion prohibited, §14-168-324. REGIONAL LIBRARY SYSTEM, §§13-2-901 to 13-2-907. REPORTS. Charitable organizations soliciting contributions, §4-28-403. Regional library system, §13-2-906. State library. Other libraries, §13-2-208. S SCHOOLS AND EDUCATION. Public school fund, §19-22-105. SEARCHES AND SEIZURES. Material security. Determination of offense, §13-2-805. SEBASTIAN COUNTY. County seats. Two county seats authorized, §14-14-201. SECRETARY OF STATE. Library of secretary of state. General provisions, §§13-2-301 to 13-2-310. Municipal corporations. Classiﬁcation of cities and towns. Board of municipal corporations. Declaration of advancement between census periods, §14-37-108. Membership on board, §14-37-106. Statement of cities and towns entitled to be advanced according to census, §14-37-107. State library. Agreements with secretary, §13-2-209. SELECTION, RELOCATION, AND RETENTION OF MATERIALS, §13-2-106. SERVICE ANIMALS. Killing or injuring, §20-14-304. Misrepresentation of animal as service animal or service animal-in-training, §20-14-310. Right to be accompanied by service animal, §§20-14-304, 20-14-308. SHERIFFS. Bonds, surety, §14-14-1201. I-19 INDEX ### Page 271 SOCIAL MEDIA. Furnishing harmful items to minors, §5-27-212. SOLICITATION. Charitable solicitations, §§4-28-401 to 4-28-418. STATE AND LOCAL GOVERNMENT PUBLICATIONS CLEARINGHOUSE. Copies. Number of copies provided clearinghouse, §13-2-213. Generally, §13-2-212. Universities and colleges. Contracts with libraries, §13-2-214. STATE ARCHIVES. State library. Agreements with archives, §13-2-209. STATE DEPARTMENTS AND AGENCIES. Public meetings, requirements, §25-19-106. STATE LIBRARY. Boards and commissions. State library board. Chairman. Selection. Meetings of board, §13-2-206. Compensation, §13-2-205. Creation, §13-2-205. Expenses, §13-2-205. Librarian. Management, §13-2-204. Meetings, §13-2-206. Members, §13-2-205. Terms of office, §13-2-205. Vacancies, §13-2-205. Clearinghouses. State and Local Government Publications Clearinghouse, §13-2-212. College and university libraries. Contracts, §13-2-214. Copies provided clearinghouse. Number, §13-2-213. Contracts. Agreements with state archives and secretary of state, §13-2-209. Depository agreements, §13-2-211. University and college libraries, §13-2-214. Cooperation. Other libraries, §13-2-208. STATE LIBRARY —Cont’d Copies. State and Local Government Publications Clearinghouse. Number of copies provided clearinghouse, §13-2-213. State and local publications, §13-2-201. Creation, §13-2-203. Deﬁnitions, §13-2-201. Depository agreements and eligibility, §13-2-211. Depository copies. State and local publications, §13-2-201. Depository for federal, state and local documents, §13-2-210. University and college libraries. State, city and county documents. Status as depository, §13-2-214. Duties generally, §13-2-207. Education. Department of education. State library established and created within department, §13-2-203. Established, §13-2-203. Librarian. Appointment, §13-2-204. Qualiﬁcations, §13-2-204. Terms of office, §13-2-204. Library of secretary of state. Effect of subchapter, §13-2-202. Local governments. Depository for local documents, §13-2-210. State and Local Government Publications Clearinghouse, §13-2-212. Copies provided clearinghouse. Number, §13-2-213. University and college libraries. Contracts, §13-2-214. Local publication. Deﬁned, §13-2-201. Other libraries. Cooperation with, §13-2-208. Depository agreements and eligibility, §13-2-211. Powers generally, §13-2-207. Reports. Other libraries, §13-2-208. Secretary of state. Agreements with secretary, §13-2-209. Effect of subchapter, §13-2-202. I-20 INDEX ### Page 272 STATE LIBRARY —Cont’d State and Local Government Publications Clearinghouse. Copies provided clearinghouse. Number, §13-2-213. Generally, §13-2-212. University and college libraries. Contracts, §13-2-214. State of Arkansas. Depository for state documents, §13-2-210. State and Local Government Publications Clearinghouse, §13-2-212. Copies provided clearinghouse. Number, §13-2-213. University and college libraries. Contracts, §13-2-212. State publication. Deﬁned, §13-2-201. United States. Depository for federal documents, §13-2-210. Universities and colleges. Agreements with libraries, §13-2-214. Depository agreements and eligibility, §13-2-211. Depository of state, city and county documents. Libraries of universities and colleges. Status, §13-2-214. STATE OF ARKANSAS. State library. Generally, §§13-2-201 to 13-2-214. See STATE LIBRARY. STATUTE OF LIMITATIONS. Conﬁdentiality of patron’s records. Disclosure of conﬁdential information, §13-2-702. SUNSHINE LAW, §25-19-106. T TAMPERING. Public records, §5-54-121. TAXATION. Constitution of Arkansas. Counties. Libraries. Tax levy for, AR Const Amd 38 §§1 to 3. Municipal corporations. Libraries, AR Const Amd 30 §§1 to 5. TAXATION —Cont’d County libraries. Levy of tax for libraries, AR Const Amd 38 §§1 to 3. Counties with two districts, §13-2-403. Refunds. Set-off of debt to state. Deﬁnitions, §26-36-303. TOWNSHIPS. Bonds, surety. Officers and employees thereof, §14-14-1201. Governing bodies. Public meetings, requirements, §25-19-106. Officers. Bonds, surety, §14-14-1201. U UNFAIR COMPETITION AND TRADE PRACTICES. Freedom of information. Advantage to competitors or bidders if ﬁles disclosed. Files deemed not public records, §25-19-105. UNITED STATES. Library of secretary of state. Books and documents of United States. Binding, §13-2-302. State library. Depository for federal documents, §13-2-210. UNIVERSITIES AND COLLEGES. State and local government publications clearinghouse. Contracts with libraries, §13-2-214. State library. Agreements with libraries, §13-2-214. Depository agreements and eligibility, §13-2-211. Depository of state, city and county documents. Libraries of universities and colleges. Status, §13-2-214. UNIVERSITY OF ARKANSAS. Mullins library. Depository of state, city and county documents. Status as affected by state library as depository, §13-2-214. I-21 INDEX ### Page 273 W WHISTLEBLOWER PROTECTION. Freedom of information. Records deemed not public records, §25-19-105. I-22 INDEX **Wayback failure**: Save Page Now did not return a response during the bounded 2026-08-10 capture pass. Retry pending. ## Notes - Tier: 2 - primary public record or court opinion. - Cited by: [[Arkansas Automatic License Plate Reader System Act]], [[Arkansas FOIA Electronic Records and Vendor Custody]], [[Arkansas FOIA Enforcement and Custodian Response Procedure]], [[Flock Audit Logs and Retention]], [[The Disclosure-Posture Reversal at Conway PD]].