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19-11-1004. Restrictions on contracts.

Arkansas Code — all titles (historical 2020) · legal_authorities

19-11-1004. Restrictions on contracts.

19-11-1004. Restrictions on contracts. (a) No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (b) No contract shall be approved that would be in violation of § 19-4-701 et seq. relating to expenditures. (c)(1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403. (2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education. (3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Director of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education. (d) No director or any other department head of any state agency shall receive additional compensation under this subchapter. (e)(1) Any contract under which a state agency retains day-to-day managerial

Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1004

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:19-11-1004
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f88e83a30239d3c930ff84fa75356d12a7ac9cbac96cfba733d92d60d9550c84

Source location: content.xml paragraph 17399

Stored source content

19-11-1004. Restrictions on contracts. (a) No contract under this subchapter shall be used to avoid the purpose or the spirit of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq. (b) No contract shall be approved that would be in violation of § 19-4-701 et seq. relating to expenditures. (c)(1) Except as provided in this subsection, a state agency shall not engage in a professional services or consultant services contract with a part-time or full-time employee who occupies a position authorized to be paid from extra help or regular salaries for a state agency, except as provided in § 21-1-403. (2) However, this subsection does not prohibit an institution of higher education from executing a contract with a state agency under which professional or consulting services will be performed by employees of the institution of higher education. (3) An employee of an institution of higher education performing professional or consulting services to a state agency may receive additional compensation if: (A) The institution of higher education requests and receives written approval from the Director of the Division of Higher Education concerning the amount of additional compensation to be paid to any employee; and (B) The total salary payments received from the employee's regular salaried position and amounts received for services performed under a professional services contract do not exceed one hundred twenty-five percent (125%) of the maximum annual salary authorized by law for the employee's position with the institution of higher education. (d) No director or any other department head of any state agency shall receive additional compensation under this subchapter. (e)(1) Any contract under which a state agency retains day-to-day managerial control over the person performing the services or in which the relationship between the contractor and the state agency is that of employer and employee is not a professional services contract and is prohibited. (2) However, the Division of Information Systems may employ persons over whom they exercise day-to-day managerial control for those services under § 25-4-112 for which professional services contracts may be used.

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Arkansas Code — all titles (historical 2020) · legal_authorities

19-4-101. Title.

19-4-101. Title. This chapter shall be referred to and may be cited as the “General Accounting and Budgetary Procedures Law”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-4-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

19-4-701. Fiscal periods of state.

19-4-701. Fiscal periods of state. (a) For the purpose of this chapter, relating to the appropriation and disbursement of funds, the fiscal year of the state shall commence on July 1 and shall end on June 30 of the following year; and the biennial period, or “biennium”, shall commence on July 1 following the adjournment of the regular session of the General Assembly and end on June 30 two (2) years thereafter. (b)(1) The definition of the fiscal year, for the purposes of this chapter, shall not be construed to affect special appropriations where no fiscal period is defined in the act making such special appropriation or affect the bond year for other fiscal transactions. (2)(A) In the case of special appropriations where the emergency clause has been adopted by the General Assembly and where no period of time is mentioned in the act making the appropriation, the appropriation shall be construed to be available for a two-year period from and after the effective date of the act. (B) In the case of special appropriations where the emergency clause has not been adopted and where no period of time is mentioned in the act making the appropriation, the appropriation shall be construed to become available ninety (90) days after the adjournment of the General Assembly. It shall be available for a two-year period from and after the date the appropriation became available.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-4-701

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-4-701. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

21-1-403. Restrictions on lease agreements, contracts, and grants.

21-1-403. Restrictions on lease agreements, contracts, and grants. (a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless: (1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative: (A) Determination of specifications for the bid or request for proposal; (B) Evaluation or consideration of the bid or request for proposal; or (C) Decision to accept the bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor. (b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer: (1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, receives prior approval from: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor. (c)(1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 — 19-11-1011. (2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 — 19-11-1011 must receive prior review of the Joint Budget Committee du

Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-403

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-1-403. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-4-112. Application to educational institutions.

25-4-112. Application to educational institutions. (a)(1) In the case of state-supported institutions of higher education and state-supported postsecondary vocational-technical schools, the provisions of this chapter shall apply to business and administrative applications of information technology but do not apply to academic and research applications. (2) On-campus telecommunications systems shall also be exempt from the provisions of this chapter except when they are connected to the state telecommunications network infrastructure. (3) On-campus telecommunications systems shall be defined as those bounded by the outer perimeter of contiguous campus property. (b)(1) A state-supported institution of higher education, a post-secondary vocational-technical school, an area vocational school, or a public school district may request technical assistance regarding information technology from the Division of Information Systems. (2)(A) Assistance shall be provided by the division free of charge within a reasonable period. (B) However, the requesting institution shall reimburse the division for any actual expenses incurred while providing requested technical assistance.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-4-112

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-4-112. This identifies an authority to review, not proof of applicability.