Title 19 — Public Finance

The Secretary of the Department of Finance and Administration is the Chief Fiscal Officer of the State.

(a) The Secretary of the Department of Finance and Administration shall be at least thirty (30) years of age, of good moral character, and of demonstrated ability in the field of his or her employment. (b) Before entering upon his or her duties of employment, the Secretary of the…

(1) The Deputy Director of the Department of Finance and Administration, acting under the authority granted to him or her by the Secretary of the Department of Finance and Administration, and under the laws relating to budget and accounting procedure, shall:(1) (A) Prepare and pu…

(a) Except as otherwise provided by this subchapter, all of the personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the Secretary of the Department of Finance and Administration. (b) Nothing contained in this subchapter inhi…

The Building Authority Division shall assign to the Department of Finance and Administration and divisions of the department suitable office space with the necessary conveniences for the transaction of the department's business and the safekeeping of the department's records.

The Governor shall procure an official seal for the Department of Finance and Administration. Every paper executed by the Secretary of the Department of Finance and Administration or by any other employee of the department and sealed with its official seal shall be received in ev…

(1) The Secretary of the Department of Finance and Administration shall:(1) Enforce the general accounting and fiscal procedures of the State of Arkansas that have been placed upon him or her by law;(2) Exercise supervision over the general accounting system of the state and of s…

The Secretary of the Department of Finance and Administration may make reasonable rules not inconsistent with the law that are necessary or desirable for the orderly discharge of the duties vested in the Department of Finance and Administration.

(a) The Secretary of the Department of Finance and Administration shall publish and furnish copies to all state agencies of rules that are issued by him or her, pursuant to law, providing for a general accounting procedure. (b) The secretary shall also publish not less often than…

(a) For the purpose of effectively carrying out the fiscal procedures provided by law, the Secretary of the Department of Finance and Administration may install the recordkeeping and other procedures in his or her own office and in other state offices and departments that the sec…

(a) (1) In any matter within the jurisdiction of the Department of Finance and Administration, the Secretary of the Department of Finance and Administration may make investigations and may delegate that power to any division or section head of the department.(2) For this purpose,…

(1) The Secretary of the Department of Finance and Administration shall:(1) Keep advised at all times as to the revenues and other income available for the operation, maintenance, and improvement of all state agencies;(2) Exercise the powers conferred upon him or her by law to se…

(a) With approval of the Governor, the Secretary of the Department of Finance and Administration may lease any state property, real or personal, that is not needed for public use, if:(1) The leasing of the property is not prohibited by law; and(2) The authority to lease the prope…

Notwithstanding the provisions of this subchapter or any other law that requires advertisement for bids or the soliciting or receiving of competitive bids, the Secretary of the Department of Finance and Administration may enter into a contract with the United States Government or…

All constitutional officers other than the Treasurer of State are exempt from this subchapter.

(a) The bond for the Treasurer of State is one million dollars ($1,000,000). (b) The original of the bond required by this section to be filed by the Treasurer of State shall be filed in the office of the Secretary of State, and a copy shall be filed with the Auditor of State.

(a) (1) County officials and employees, municipal officials and employees, and all other officers and employees of a political subdivision of this state who are required by law to furnish bond and who receive and disburse cash funds from bank accounts shall obtain a surety bond f…

(a) (1) The county judge in each county shall furnish bond in an amount computed in accordance with § 19-1-303(b).(2) The bond shall be conditioned that the officer faithfully performs the duties of the office and properly accounts for all funds disbursed by him or her as county …

(a) (1) If the executive head of a state agency designates a full-time employee to act as his or her agent in the disbursement of funds under his or her control, the agent shall furnish additional bond to be fixed by the Secretary of the Department of Finance and Administration.(…

(1) As used in this subchapter, “eligible investment securities” means:(1) A direct or guaranteed obligation of the United States that is backed by the full faith and credit of the United States Government;(2) A direct obligation of an agency, instrumentality, or government-spons…

This subchapter does not repeal any prior legislation or affect any statute pertaining to the conversion of funds of public officials and agencies into investments authorized under this subchapter but is supplemental to present law and confers additional powers.

(a) This subchapter does not affect the power of counties, municipalities, improvement districts, and other public bodies to make a deposit of funds in the form of a demand deposit, a savings deposit, or a time deposit as authorized by law. (b) The adoption of this subchapter doe…

(a) (1) With the approval of the county or municipal depository board, a treasurer may convert any funds in the treasurer's possession or under the treasurer's control and not presently needed for other purposes into one (1) or more of the following investments:(A) Eligible inves…

(a) (1) A city that has real property assessed valuation in excess of three hundred million dollars ($300,000,000) may invest the city's funds in securities under § 23-47-401 and according to the investment policy adopted by the governing body of the city.(2) The investment polic…

This subchapter may be known and cited as the “State Fiscal Management Responsibility Act”.

(a) The General Assembly has enacted various laws relating to the receipting, disbursing, depositing, and accounting for public funds, as well as laws relating to establishing salaries, and the purchasing of commodities by various state agencies. In addition, the Department of Fi…

(1) As used in this subchapter:(1) “Agency” means any state agency, bureau, board, commission, council, department, institution, or office of the State of Arkansas;(2) “Executive agencies” means all agencies other than constitutional, judicial, and legislative officers, agencies,…

This subchapter does not limit or diminish any civil rights or administrative procedures available to any public officer or employee.

All actions and procedures under this subchapter are civil in nature and are governed by the appropriate rules and laws regarding civil actions and remedies.

(a) Upon discovery or notification of an alleged violation of the fiscal responsibility and management laws, each agency shall investigate the allegation and take appropriate administrative action. (b) The director of each agency or, in the case of a constitutional office, the co…

(a) After completing the investigation, if the agency determines that there has been a violation of the fiscal responsibility and management laws, the facts and circumstances relating to a violation and any corrective or remedial action taken shall be documented and placed in the…

(a) Within thirty (30) days after the expiration of the time period for the public officer or employee to effect corrective or remedial action, the agency shall transfer to the Secretary of the Department of Finance and Administration a document containing a summary of the violat…

(a) (1) Before the Secretary of the Department of Finance and Administration may impose additional corrective or remedial action regarding public officers or employees of executive agencies, the secretary shall conduct an investigation regarding any violation.(2) The public offic…

(a) The Secretary of the Department of Finance and Administration, the Legislative Joint Auditing Committee, or the Legislative Council may request the office of the Attorney General to review information concerning a violation of the fiscal responsibility and management laws to …

If the public officer or employee is found by the circuit court to have knowingly violated the fiscal responsibility and management laws, the circuit court shall impose a civil penalty upon the public officer or employee of not less than one hundred dollars ($100), nor more than …

(a) If the public officer or employee is found by the circuit court to have knowingly violated the fiscal responsibility and management laws, the Attorney General may recover costs and attorney's fees associated with the civil suit from the public officer or employee. (b) Costs o…

(a) The Secretary of State, the Insurance Commissioner, the Commissioner of State Lands, the Attorney General, the Bank Commissioner, and the Auditor of State shall issue their receipts respectively for all moneys coming into the State Treasury through their departments, respecti…

(a) The Treasurer of State shall grant duplicate receipts under the seal of his or her office for all sums of money that are paid into the State Treasury. (b) The person receiving the receipts shall deposit one (1) of the receipts with the Auditor of State, who shall credit the p…

(a) All payments for the expenses of the departments of the state government shall be due and payable in the normal course of business. (b) All payments of contingent expenses are due and payable as they may accrue.

(a) (1) An officer, employee, or agent of the State of Arkansas, or any board of regents or board of trustees, or any other person or authority who may make expenditures of money appropriated for the different state institutions or who may direct the expenditure of such money so …

(a) It is unlawful for the head or any subordinate in charge of any state department, board, bureau, or other state-maintained institution to cause, permit to occur, or allow to exist a deficiency in excess of regular appropriation made for maintenance of the department, board, b…

The Treasurer of State shall accept checks for the remittance due the state.

(a) When remittance is made by check to the Treasurer of State and the check is returned unpaid, the Treasurer of State shall make a duplicate of the check and carry it as a cash item, delivering the original to the Attorney General for collection after adding a penalty of twenty…

(a) If a person, firm, corporation, partnership, or business makes payment to the Department of Finance and Administration for a license or fees imposed by the laws of this state by means of a check, draft, or order drawn on a bank, person, firm, or corporation, and the check, dr…

A state agency, board, commission, or institution shall not refuse to accept personal checks unless the state agency, board, commission, or institution has filed with the Legislative Council a written statement justifying the policy of the state agency, board, commission, or inst…

This subchapter shall be known and may be cited as the “Accounts and Notes Receivable Abatement Act”.

This subchapter establishes procedures for the various state agencies, authorities, boards, commissions, departments, and institutions of higher education to charge-off or cancel uncollectible moneys owed to them.

(1) As used in this subchapter:(1) “Abatement” means a complete or partial cancellation of a tax levied, special assessment, service charge, student loan, note receivable, or other amounts for which asset recognition criteria have been met;(2) (A) “Accounts receivable” means an a…

Each state agency shall record upon its books of record the amounts due it for delivery of goods and services, licenses, unpaid taxes, student loans, special assessments, accounts receivable, and notes receivable that are recognized by the state agency as due and payable or recog…

(a) A state agency shall diligently and actively pursue the collection of the state agency's accounts and notes receivable. (b) Diligently and actively pursuing the collection of these accounts may include without limitation:(1) Contacting the debtor by phone or letter within a r…