Definitions — Review generally — Exempt grants

Ark. Code Ann. § 19-4-2101 — under GENERAL ACCOUNTING AND BUDGETARY PROCEDURES.

Ark. Code Ann. § 19-4-2101

(a) As used in this subchapter:(1) “Discretionary grant” means a grant in which the recipient of the grant funds or the formula for the grant award is not specifically stated in the legislation authorizing the grant;(2) “Nondiscretionary grant” means a grant in which the recipient of the grant funds or the formula for the grant award is specifically stated in the legislation authorizing the grant, or in specific agency rules promulgated by the agency and reviewed by the Legislative Council, or in the case of federal funds, in the statute, regulation, or other federal directive that restricts the disbursement of the funds according to federal guidelines; and(3) “State agency” means:(A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and(B) All state-supported postsecondary educational institutions, including without limitation colleges and universities, vocational and technical schools, and community colleges.

(1) “Discretionary grant” means a grant in which the recipient of the grant funds or the formula for the grant award is not specifically stated in the legislation authorizing the grant;

(2) “Nondiscretionary grant” means a grant in which the recipient of the grant funds or the formula for the grant award is specifically stated in the legislation authorizing the grant, or in specific agency rules promulgated by the agency and reviewed by the Legislative Council, or in the case of federal funds, in the statute, regulation, or other federal directive that restricts the disbursement of the funds according to federal guidelines; and

(3) “State agency” means:(A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and(B) All state-supported postsecondary educational institutions, including without limitation colleges and universities, vocational and technical schools, and community colleges.

(A) Every board, commission, department, division, or office of state government whether executive, legislative, or judicial; and

(B) All state-supported postsecondary educational institutions, including without limitation colleges and universities, vocational and technical schools, and community colleges.

(b) (1) A state agency shall not award any discretionary grant before review by the Legislative Council between legislative sessions or by the Joint Budget Committee during legislative sessions.(2) However, if a state agency determines that an emergency exists requiring the discretionary grant to be awarded before review, it may award the discretionary grant before the review by the Legislative Council or the Joint Budget Committee and shall immediately notify the Legislative Council between legislative sessions or the Joint Budget Committee during legislative sessions, as to the facts constituting the emergency.

(1) A state agency shall not award any discretionary grant before review by the Legislative Council between legislative sessions or by the Joint Budget Committee during legislative sessions.

(2) However, if a state agency determines that an emergency exists requiring the discretionary grant to be awarded before review, it may award the discretionary grant before the review by the Legislative Council or the Joint Budget Committee and shall immediately notify the Legislative Council between legislative sessions or the Joint Budget Committee during legislative sessions, as to the facts constituting the emergency.

(c) Grants exempt from review include:(1) Grants for which the total consideration is less than or equal to ten thousand dollars ($10,000);(2) Nondiscretionary grants as determined by the agency;(3) Grants to another governmental entity such as a state agency, public educational institution, United States Government entity, or body of a local government;(4) Disaster relief grants;(5) Grants identified as not requiring review by the Legislative Council between legislative sessions or the Joint Budget Committee during legislative sessions;(6) Grants containing confidential information, the disclosure of which is determined by the agency to constitute a violation of other provisions of law regarding disclosure; and(7) Any scholarship or financial assistance award to, or on behalf of, a postsecondary student.

(1) Grants for which the total consideration is less than or equal to ten thousand dollars ($10,000);

(2) Nondiscretionary grants as determined by the agency;

(3) Grants to another governmental entity such as a state agency, public educational institution, United States Government entity, or body of a local government;

(4) Disaster relief grants;

(5) Grants identified as not requiring review by the Legislative Council between legislative sessions or the Joint Budget Committee during legislative sessions;

(6) Grants containing confidential information, the disclosure of which is determined by the agency to constitute a violation of other provisions of law regarding disclosure; and

(7) Any scholarship or financial assistance award to, or on behalf of, a postsecondary student.