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General Provisions

Ark. Code Ann. tit. 25, ch. 1
in effect

Ark. Code Ann. § 25-1-101 Emergency relocation of seat of government.

(a)(1) Whenever due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the City of Little Rock, the Governor, as often as the exigencies of the situation require, shall by proclamation declare an emergency temporary location for the seat of government at a place within or without this state which he or she may deem advisable under the circumstances. The Governor shall take any action and issue any orders which may be necessary for an orderly transition of the affairs of state government to the emergency temporary location. (2) The emergency temporary location shall remain as the seat of government until the General Assembly shall by law establish a new location or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location. (b) During such time as the seat of government remains at the emergency temporary location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the General Assembly in regular session or extraordinary session are as valid and binding when performed at the emergency temporary location as if performed at the normal location of the seat of government. (c) The provisions of this section shall control and be supreme in the event it shall be employed, notwithstanding the provisions of any other law to the contrary or in conflict herewith.

Ark. Code Ann. § 25-1-106 Evaluation of necessity of various commissions and boards.

(a) For purposes of this section: (1) “ Constitutional board or commission” means the Arkansas State Game and Fish Commission, the State Highway Commission, and all boards or commissions charged with the management or control of all charitable, penal or correctional institutions, or institutions of higher learning under Arkansas Constitution, Amendment 33; and (2) “State board or commission” means every state board, commission, committee, council, task force, and similar entity created by the General Assembly except: (A) A constitutional board or commission; and (B) An entity of the General Assembly. (b) A state board or commission that has not convened a meeting or has convened without a quorum for two (2) consecutive regularly scheduled meeting dates within the preceding two-year period shall vote to elect a new chair and vice chair. (c)(1) If a state board or commission has not convened a regularly scheduled meeting or has convened without a quorum for four (4) consecutive regularly scheduled meeting dates within the preceding two- year period, the Joint Performance Review Committee shall reevaluate the purpose, need, and effectiveness of the state board or commission. (2) The Joint Performance Review Committee shall report its findings and any recommendations concerning the existence of the state board or commission to the Legislative Council no later than December 1 of each even-numbered year and shall draft legislation to implement the recommendations. (d)(1) No later than August 1 of each even-numbered year, each state board and commission shall provide the Joint Performance Review Committee with a report of the regularly scheduled meeting dates for the state board or commission for the previous two (2) fiscal years, including the attendance record of each member and the number of meetings that were convened. (2) If a state board or commission, other than a constitutional board or commission, has not submitted the report required in subdivision (d)(1) of this section to the Joint Performance Review Committee by August 1 of each even-numbered year, the authority of the state board or commission may be suspended on August 1 of the even-numbered year by the Joint Performance Review Committee at the next Joint Performance Review Committee meeting, and the state board or commission may not take any action, including the expenditure of funds, until the report required in subdivision (d)(1) of this section is provided to the Joint Performance Review Committee. (3) If a state board or commission, other than a constitutional board or commission, has not submitted the report required in subdivision (d)(1) of this section to the Joint Performance Review Committee by December 1 of the even-numbered year, the Joint Performance Review Committee may direct the Bureau of Legislative Research to draft legislation that: (A) Abolishes the state board or commission upon sine die adjournment of the next regular session of the General Assembly; (B) Allows the reversion of all authority of the state board or commission to the General Assembly or to the General Assembly's designee; and (C) Requires all funds, income, and revenue to revert to the General Revenue Fund Account or other fund or account as provided by the General Assembly. (4) This section does not prohibit the General Assembly from: (A) Abolishing a state board or commission, other than a constitutional board or commission, that has submitted a report; or (B) Considering any other legislation relative to a state agency subject to this chapter. (5) Except as otherwise provided, abolition of a state board or commission does not affect rights and duties that mature, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the effective date of the abolition of the board or commission. (e)(1) If a constitutional board or commission has not convened a regularly scheduled meeting or has convened without a quorum for four (4) consecutive, regularly scheduled meeting dates within the preceding two-year period, the Joint Performance Review Committee shall reevaluate the purpose, need, and effectiveness of the constitutional state board or commission. (2) The Joint Performance Review Committee shall report its findings and any recommendations concerning the constitutional board or commission to the Legislative Council no later than December 1 of each even- numbered year and may draft legislation to implement the recommendations.

Ark. Code Ann. § 25-1-112 Sexual offenses screened in criminal background checks.

Whenever a criminal background check is performed on a person under the provisions of any criminal background check requirement contained in this Code for employment, licensure, or any other purpose, the person may be disqualified for employment, licensure, or any other purpose for which the background check was conducted if it is determined that the person committed a violation of any sexual offense formerly proscribed under §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110, if the offense is a felony, 5-14-111 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 5-14-127, that is substantially equivalent to any sexual offense presently listed in §§ 5-14-101 — 5-14-103, 5-14-104 — 5-14-109 [repealed], 5-14-110, if the offense is a felony, 5-14-111 — 5-14-112, 5-14-113 — 5-14-119 [reserved], 5-14-120 — 5-14-121 [repealed], and 5-14-122 — 5-14-127, and is an offense screened for in a criminal background check.

Ark. Code Ann. § 25-1-114 Incorporation of machine-readable privacy policies into websites.

(a) Each unit of state and local government and each state agency that operates or maintains a website shall incorporate a machine-readable privacy policy into each of its websites . (b) The privacy policy statement shall be published on the state's website, local government's website, or state agency's website and for each statement shall include: (1) A description of the data the unit of government or agency collects on its website and how the data will be used by the unit of government or agency; (2) The type of data and the purposes for which data are shared with other entities; (3) Whether the unit of government's or agency's data collecting and sharing practices are mandatory or allow a browser to opt in or opt out of those practices; (4) An explanation that certain information collected by the governmental unit or agency is subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; (5) A link to or instructions for locating the website's policy reference file, which shall identify the uniform resource locator for the website's policy statements and shall indicate those portions of the website and the website's “cookies” that are covered by each statement; and (6) A link to the website's human-readable privacy policy.

Ark. Code Ann. § 25-1-125 Taxpayer funds used for advertisement.

(a)(1) All articles, statements, or communications using the image of an elected official appearing in any newspaper printed or circulated in this state for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) “Paid advertisement” or “paid ad” and the name of the state entity, county, or constitutional officer that paid for the ad; or (B) “Paid for by”, “sponsored by”, or “furnished by” and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person submitting the articles, statements, or communications and the elected official whose image is used shall be responsible for including the required disclaimer. (b)(1) All articles, statements, or communications using the image or voice of an elected official appearing in any radio, television, or any other electronic medium for the publication of which a consideration is paid or to be paid for by federal, state, or county taxpayer funds shall clearly contain the words: (A) “Paid advertisement” or “paid ad” and the name of the state entity, county, or constitutional officer that paid for the advertisement; or (B) “Paid for by”, “sponsored by”, or “furnished by” and the name of the state entity, county, or constitutional officer that paid for the advertisement. (2) Both the person placing the articles, statements, or communications and the elected official whose image or voice is used shall be responsible for including the required disclaimer. (c) This section does not apply to: (1) Articles, statements, or communications intended or calculated to influence the vote of any elector in any election and subject to the restrictions under § 7-1-103; or (2) Political advertisements, articles, statements, or communications paid for by a candidate for elective office if the political advertisements, articles, statements, or communications are paid for with the candidate's campaign funds and not state funds. (d) Any citizen may file a complaint with the Arkansas Ethics Commission against an elected official who violates this section.

Ark. Code Ann. § 25-1-127 Purchase of small unmanned aircraft from covered foreign entity.

(a) As used in this section: (1) "Covered foreign entity" means an individual, foreign government, or a party other than an individual or foreign government: (A) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce; (B) Domiciled in the People's Republic of China or the Russian Federation; (C) Under the influence or control by the government of the People's Republic of China or the Russian Federation; or (D) That is a subsidiary or affiliate of an individual, government or party referred to in subdivisions (a)(1)(A)-(C) of this section; (2) "Public entity" means the State of Arkansas, or a political subdivision of the state, including all boards, authorities, commissions, agencies, committees, councils, university departments, or other state entities created by the Arkansas Constitution or law; and (3) "Small unmanned aircraft system" means an unmanned, powered aircraft: (A) That: (i) Is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Can be expendable or recoverable; and (iii) Weighs less than fifty-five pounds (55 lbs.) including the weight of anything attached to or carried by the aircraft; and (B) Including the associated elements that are required for the operator to operate the aircraft safely and efficiently in the national airspace system, including without limitation any communication links and the components that control the aircraft. (b)(1) A public entity shall not purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity. (2) Unless waived under subsection (d) of this section, state funds shall not be used to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available. (c)(1) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Except as provided under subsection (d) of this section, state funds shall not be used in connection with the operation of a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity, including without limitation state funds: (A) Awarded through a contract, grant, or cooperative agreement; or (B) Otherwise made available. (d) The Secretary of the Department of Transformation and Shared Services may waive the restriction under subdivision (b)(2) or subdivision (c)(2) of this section upon: (1) His or her review of the necessity to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity due to exigent circumstances, Counter Unmanned Aircraft Systems, or criminal investigative purposes; and (2) Notification to the General Assembly.

Ark. Code Ann. § 25-1-131 State agencies, boards, or commissions — Use of authorized domain extension — Definition.

(a) As used in this section, "state agency, board, or commission" means a state agency, board, or commission established by law, except for a board or commission that primarily serves a public institutionally accredited postsecondary or higher education institution and that makes available to members email addresses with a ".edu" top-level domain. (b) A state agency, board, or commission shall use a ".gov" or a ".mil" sponsored top-level domain for: (1) The website address for the website, if any, of the state agency, board, or commission; and (2) Any email addresses made available by the state agency, board, or commission for use by the: (A) State agency, board, or commission; and (B) Employees of the state agency, board, or commission. (c) A state agency, board, or commission may operate a website that uses a sponsored top-level domain that is not a ".gov" or a ".mil" domain if: (1) A reasonable person would not mistake the website as the primary website of the state agency, board, or commission; and (2) The website of the state agency, board, or commission is: (A) Solely for internal use and not intended for use by members of the public; (B) Temporary and in use by the state agency, board, or commission for a period of no more than one (1) year; or (C) Related to an event, program, or informational campaign operated by the state agency, board, or commission in partnership with another person or entity that is not a governmental entity. (d) The Legislative Council may authorize a waiver of the requirements of subsection (b) of this section if: (1) There are extraordinary circumstances under which use of a ".gov" or a ".mil" top-level domain extension would cause demonstrable harm to citizens or businesses; and (2) The secretary, chair, or other principal of the state agency, board, or commission submits a written request to the Legislative Council that includes a justification for the waiver.

Ark. Code Ann. § 25-1-203 Distribution of other publications.

(a) A state agency shall not distribute a state publication except as provided in this section. (b)(1) A state agency shall place a state publication on its website. (2) The Office of State Technology shall assist those state agencies requesting assistance in placing publications on the state agency's website. (c) Upon request, a state agency shall provide an unbound, black-and-white copy of a state publication to a person. (d)(1) A state agency shall compile a mailing list of persons requesting publications distributed by the state agency. (2)(A) Before distributing a state publication, the state agency shall send by mail a card to each person on the mailing list requesting the person to return the card to the state agency if the person wishes to receive an unbound, black-and-white copy of the publication. (B) The card shall include the address of the website on which the publication is located. (C) Upon return receipt of a card, the state agency shall then send a copy of the publication to the person. (e) This section does not apply to the following publications: (1) Public information pamphlets; (2) Promotional brochures; (3) Copies of legislative bills; (4) Copies of statutes, laws, and rules; (5) Information disseminated to the press or requested pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.; (6) Publications that are applications, instructions, or guidelines for complying with state or federal law, regulation, or policy; (7) Publications of the Division of Agriculture of the University of Arkansas; (8) Information, forms, and notices necessary to comply with state tax laws, driver's licensing laws, and motor vehicle registration and titling laws; (9) Financial reports required by a: (A) Governing board if the rules, procedures, or bylaws of the governing board as of January 1, 2013, required a printed financial report; (B) Bond rating agency; (C) Bond trustee; or (D) Financial institution; and (10) The Arkansas Highways magazine published by the Arkansas Department of Transportation. (f) A state agency may distribute upon request an abstract that contains a description of reports submitted to the General Assembly and of any other information that is available. (g)(1) Except as provided in subdivision (g)(3) of this section, on or before October 1 of each even-numbered year a state agency shall submit an electronic report to the Department of Finance and Administration containing the: (A) Number of unbound, black-and-white publications the state agency distributed under this section in the past two (2) years; and (B) The cost of producing the unbound, black-and-white publications distributed under this section in the past two (2) years. (2)(A) The Department of Finance and Administration shall provide a report containing the information reported by state agencies under subdivision (g)(1) of this section by November 1 of each even-numbered year. (B) The report shall identify the number of publications distributed and the cost of producing the publications for each individual state agency reporting under subdivision (g)(1) of this section. (3) Subdivision (g)(1) of this section does not apply to the General Assembly or the divisions, commissions, and bureaus operating under the authority of the General Assembly.

Ark. Code Ann. § 25-1-205 Copies to be filed with Legislative Council.

(a) A state agency which publishes or distributes a state publication shall file an electronic copy of a publication with the Legislative Council if the state agency has published or distributed more than one thousand (1,000) copies of the publication in the preceding calendar year. (b) This section shall not apply to: (1) Copies of legislative bills; (2) Copies of statutes, laws, and rules; (3) Information disseminated solely to the press; (4) Publications that are applications, instructions, or guidelines for complying with any state or federal law, rule, regulation, or policy; (5) Promotional brochures and educational materials published by the Department of Parks, Heritage, and Tourism; (6) Publications of the Division of Agriculture of the University of Arkansas; and (7) Marketing and promotional information published by the Arkansas Economic Development Commission.

Ark. Code Ann. § 25-1-606 Promotion of diversity – Severability.

(a) Nothing in this subchapter shall prevent state entities from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this subchapter. (b) Nothing in this subchapter shall be construed to prohibit discussing, as part of a larger course of academic instruction, the divisive concepts listed in § 25-1-601 in an objective manner and without endorsement. (c) If any section of this subchapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this subchapter and the application of its provisions to any other persons or circumstances is severable.

Ark. Code Ann. § 25-1-1004 Investment of public funds.

(a) A state investment shall be made in the sole interest of the beneficiary state taxpayer. (b) The Treasurer of State’s evaluation of an investment shall be based only on pecuniary factors. (c) A public entity shall not invest cash funds with a financial services provider if the financial services provider is listed on the § Treasurer of State’s website under 25-1-1002.

Ark. Code Ann. § 25-1-1006 ESG Oversight Committee.

(a)(1) The ESG Oversight Committee is created to determine a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The committee shall be composed of: (A) A citizen of this state who is appointed by the Governor; (B) A citizen of this state who is appointed by the President Pro Tempore of the Senate; (C) A citizen of this state who is appointed by the Speaker of the House of Representatives; (D) A citizen of this state who is appointed by the Attorney General; and (E) The Treasurer of State or his or her designee. (3) The committee shall serve at the pleasure of the Governor. (b)(1) Within ninety (90) days of the appointments to the committee under subdivision (a)(2) of this section, the committee shall prepare and provide to each public entity a list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors. (2) The determination by the committee under subdivision (b)(1) of this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Upon furnishing the list of financial services providers that discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors to each public entity, the committee shall expire automatically. (d) If the Governor determines that a financial services provider has begun or ceased to discriminate against energy, fossil fuel, firearms, or ammunition companies or otherwise refuse to deal based on environmental, social justice, and other governance-related factors, the Governor may reestablish the committee at any time by notifying in writing the President Pro Tempore, the Speaker of the House of Representatives, Attorney General, and Treasurer of State.

Ark. Code Ann. § 25-1-1204 Promotional items made in China prohibited.

A state agency shall not spend public funds to purchase promotional items made in the People's Republic of China.

Ark. Code Ann. § 25-1-1305 Exemption for private equity and venture capital investments.

(a) This subchapter does not restrict a private equity or venture capital investment made in a Chinese company before the effective date of this subchapter. (b) After the effective date of this subchapter, a public investment entity, a service provider contracted by a public investment entity, or any other fiduciary shall not enter a private equity or venture capital investment in a Chinese company.

Ark. Code Ann. § 25-1-1306 Conflicts.

With respect to an action taken in compliance with this subchapter, including without limitation all good faith determinations regarding investing in a Chinese company or restricted investment product, a public investment entity is exempt from any conflicting state statutory or common law obligations, including without limitation an obligation regarding the choice of an asset manager, investment fund, or investment of a fund investment portfolio.

Ark. Code Ann. § 25-1-1307 Immunity.

(a) The state and its officers, agents, and employees and a public investment entity and its board members, executive director, officers, agents, and employees are immune from civil liability for any act or omission related to the removal of an asset from a fund under this subchapter. (b) In addition to the immunity provided under subsection (a) of this section, an officer, agent, and employee of the state and a board member, executive director, officer, agent, and employee of a public investment entity are entitled to indemnification from the public investment entity for all losses, costs, and expenses, including without limitation reasonable attorney’s fees associated with defending against a claim or suit relating to this subchapter.

Ark. Code Ann. § 25-1-1308 Severability.

If any provision of this subchapter or the application of this subchapter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are declared severable.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.25.htmlFetched: 11/8/2026

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