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6-21-114. Commission for Arkansas Public School Academic Facilities and Transportation — Created.

Arkansas Code — all titles (historical 2020) · legal_authorities

6-21-114. Commission for Arkansas Public School Academic Facilities and Transportation — Created.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-21-114

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:6-21-114
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1d82306a3c62cbff75c7bacfb4dac84e5ca9a270374e9e50b52e5ac8ba2ca806

Source location: content.xml paragraph 24708

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6-21-114. Commission for Arkansas Public School Academic Facilities and Transportation — Created. (a) There is created the Commission for Arkansas Public School Academic Facilities and Transportation, which shall consist of the following: (1) The Secretary of the Department of Finance and Administration; (2) The Commissioner of Elementary and Secondary Education; and (3) The President of the Arkansas Development Finance Authority. (b)(1) The members of the commission shall meet and organize immediately after March 29, 2005. The Commissioner of Elementary and Secondary Education shall be the chair of the commission. (2)(A) The commission shall meet upon the call of the chair. (B)(i) The secretary of the commission shall be an employee of the Division of Public School Academic Facilities and Transportation assigned to the commission by the chair of the commission. (ii) The secretary of the commission shall give members advance notice of the agenda of each meeting. (3)(A) Two (2) members of the commission shall constitute a quorum for the purpose of transacting business. (B) A quorum is required for any action of the commission. (4) Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-902. (c) Staff support shall be provided by appropriate personnel of the Department of Finance and Administration, the Division of Elementary and Secondary Education, the Arkansas Development Finance Authority, and the Division of Public School Academic Facilities and Transportation. (d) The commission shall: (1) Oversee the operations of the Division of Public School Academic Facilities and Transportation; (2)(A) Promulgate rules in consultation with the Insurance Commissioner to establish property, boiler and machinery, and extended coverage insurance requirements and guidelines for all buildings, structures, facilities, and business personal property owned by a school district. (B) The rules promulgated by the commission under subdivision (d)(2)(A) of this section shall: (i) Attempt to provide the most cost-efficient manner for protecting each school district from loss of or damage to the school district's buildings, structures, facilities, and business personal property; (ii) Require property, boiler and machinery, and extended coverage insurers to have a minimum A.M. Best rating; (iii) Establish bidding requirements and procedures, if applicable to any insurance coverage; and (iv)(a) Be binding upon each school district for any placement or renewal of insurance coverage after June 1, 2007. (b) The state's financial participation under the Academic Facilities Partnership Program provided by § 6-20-2507 or the Academic Facilities Catastrophic Program provided by § 6-20-2508 may be withheld or reduced by the commission if a school district does not comply with the rules promulgated under subdivision (d)(2)(A) of this section; and (3) Appoint all members of the Advisory Committee on Public School Academic Facilities. (e) The commission may: (1) Perform any act and provide for the performance of any function necessary or desirable to carry out the purposes of the Arkansas Public School Academic Facilities Program and any other related program; (2)(A) Adopt, amend, and rescind rules as necessary or desirable for the administration of the Arkansas Public School Academic Facilities Program and any other related program. (B) The commission shall report to the Administrative Rules Subcommittee of the Legislative Council in a manner consistent with § 10-3-309 on the adoption, amendment, rescission, or repeal of any proposed rule related to the administration of the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., or any other related program; (3) Contract with, retain the services of, or designate and fix the compensation of consultants, advisors, architects, engineers, and other independent contractors as may be necessary or desirable to carry out the Arkansas Public School Academic Facilities Program or any related program; and (4) Study and promulgate rules concerning: (A) The propriety and feasibility of requiring that each school district maintain insurance coverage against loss due to: (i) Earth movement; or (ii) The operation of a school district's motor vehicles and buses; and (B) The appropriate amount of insurance coverage under this subdivision (e)(4). (f) The commission shall report annually on its activities to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, the House Committee on Education, the Senate Committee on Education, the State Board of Education, and the Academic Facilities Oversight Committee.

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Arkansas Code — all titles (historical 2020) · legal_authorities

10-3-309. Review and approval of state agency rules — Definitions.

10-3-309. Review and approval of state agency rules — Definitions. (a)(1)(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules. (B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent. (2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies. (b) As used in this section: (1)(A) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule. (B) “Rule” does not mean: (i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public; (ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; (iii) Intraagency memoranda; or (iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation: (a) Current Procedural Terminology codes; (b) Healthcare Common Pro

Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-309

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 10-3-309. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-16-902. Expense reimbursement.

25-16-902. Expense reimbursement. (a) Every state board may, by a majority vote of the total membership of the board cast during its first regularly scheduled meeting of each calendar year, authorize expense reimbursement for each board member for performing official board duties. (b) The expense reimbursement shall not exceed the rate established for state employees by state travel regulations.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-902

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 25-16-902. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

6-20-2507. Academic Facilities Partnership Program.

6-20-2507. Academic Facilities Partnership Program. (a) There is established the Academic Facilities Partnership Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based on a school district's academic facilities wealth index in the form of cash payments to a school district for eligible new construction projects. (b)(1) In order to apply for state financial participation in a new construction project, a school district shall provide the Division of Public School Academic Facilities and Transportation with a detailed narrative, description, and justification for the project, a drawing, and evidence of: (A) Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan; (B)(i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project. (ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project; (C)(i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less. (ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommend

Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-2507

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 6-20-2507. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

6-20-2508. Academic Facilities Catastrophic Program.

6-20-2508. Academic Facilities Catastrophic Program. (a) There is established the Academic Facilities Catastrophic Program under which the Division of Public School Academic Facilities and Transportation shall award state financial participation to a school district based on a school district's academic facilities wealth index for eligible catastrophic repair and new construction projects for the purpose of supplementing insurance or other public or private emergency assistance received by or payable to the school district. (b) A school district may apply for state financial participation in a catastrophic project if an academic facility in the district is damaged due to an act of God or violence that could not have been prevented by reasonable maintenance, repair, or renovation of the building. (c) As part of its application for state financial participation in a catastrophic project, the school district shall provide the Division of Public School Academic Facilities and Transportation with evidence of: (1) The estimated cost of the project; (2) The availability of insurance and any other public or private emergency assistance to pay for the project; (3) How the catastrophic project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district; and (4) Proof of full replacement value insurance to include a provision requiring code upgrades. (d)(1) The Division of Public School Academic Facilities and Transportation shall evaluate a school district's application for catastrophic assistance and may conduct an on-site inspection before making a decision on the application as it deems necessary. (2) The Division of Public S

Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-2508

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 6-20-2508. This identifies an authority to review, not proof of applicability.