Definitions

  1. Law
  2. Arkansas Code
  3. Local Government
  4. Public Finance Generally
  5. Local Fiscal Management Responsibility Act
  6. Definitions

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As used in this chapter:

  1. (1) “Executive officer” means the following for the applicable political subdivisions:

    1. (A) For school districts, an “executive officer” is the superintendent of the school or the executive director of the education service cooperative;

    2. (B) For municipalities, an “executive officer” is the mayor, city manager, or city administrator; and

    3. (C) For counties, an “executive officer” is the elected official exercising administrative control over a particular county employee;

  2. (2) “Fiscal responsibility and management laws” means the following laws, as amended, and as applicable to the following subdivisions:

    1. (A) Counties:

      1. (i) County government, Arkansas Constitution, Amendment 55;

      2. (ii) County Records Retention, § 13-4-301 et seq.;

      3. (iii) Legislative Procedures (County), § 14-14-901 et seq.;

      4. (iv) Executive Powers (County), § 14-14-1101 et seq.;

      5. (v) Personnel Procedures (County), § 14-14-1201 et seq.;

      6. (vi) Officers (County), § 14-15-101 et seq.;

      7. (vii) Sale of county property generally, § 14-16-105, and sale of surplus property, § 14-16-106;

      8. (viii) County Funds, § 14-21-101 et seq.;

      9. (ix) County Purchasing Procedures, § 14-22-101 et seq.;

      10. (x) Claims Against Counties, § 14-23-101 et seq.;

      11. (xi) County Warrants, § 14-24-101 et seq.;

      12. (xii) The Arkansas County Accounting Law of 1973, § 14-25-101 et seq.;

      13. (xiii) Correction of errors (on tax books), § 26-28-111;

      14. (xiv) Settlement and payment of taxes: Time for payment, § 26-39-201; and

      15. (xv) Review of audit reports by legislative governing bodies, § 10-4-219 [repealed];

    2. (B) Municipalities:

      1. (i) Prohibited actions by municipal council members or municipal officials and employees: Interest in offices or contracts, etc. by council members prohibited, § 14-42-107, and Prohibited actions by municipal officials or employees — Penalty, § 14-42-108;

      2. (ii) Powers and Duties Generally (of municipal officers), § 14-43-501 et seq.;

      3. (iii) Purchase, lease, and sale of real and personal property: Purchase, lease, and sale authorized, § 14-54-302;

      4. (iv) Cities of the first class generally: Fiscal Affairs of Cities and Incorporated Towns, § 14-58-101 et seq.;

      5. (v) The Arkansas Municipal Accounting Law, § 14-59-101 et seq.;

      6. (vi) The Arkansas Municipal Water and Sewer Department Accounting Law, § 14-237-101 et seq.;

      7. (vii) The Arkansas District Courts Accounting Law, § 16-10-201 et seq.; and

      8. (viii) Review of audit reports by legislative governing bodies, § 10-4-418;

    3. (C) Schools:

      1. (i) School disbursing officer: Organization — Disbursing officer, § 6-13-618;

      2. (ii) School district treasurer: District Treasurer, § 6-13-701 et seq.;

      3. (iii) The Arkansas Teachers' Salary Law, § 6-17-901 et seq.;

      4. (iv) School finance acts: Finances, § 6-20-101 et seq.;

      5. (v) School's acquisition of commodities: Acquisition of Commodities Generally, § 6-21-301 et seq.; and

      6. (vi) Review of audit reports by boards, § 6-1-101(d) and § 10-4-208(d)[repealed];

    4. (D) The following laws are applicable to some or all of the political subdivisions:

      1. (i) Limitation on legislative and taxing power — Local bond issues, Arkansas Constitution, Article 12, § 4;

      2. (ii) Political subdivisions not to become stockholders in or lend credit to private corporations, Arkansas Constitution, Article 12, § 5;

      3. (iii) Lending credit — Bond issues — Interest-bearing warrants, Arkansas Constitution, Article 16, § 1;

      4. (iv) Levy and appropriation of taxes, Arkansas Constitution, Article 16, § 11;

      5. (v) Local Capital Improvement Bonds, Arkansas Constitution, Amendment 62;

      6. (vi) Revenue Bonds, Arkansas Constitution, Amendment 65;

      7. (vii) Clerks of courts, collection and settlement, additional fees, investment of moneys held in trust:

        1. (a) Fines, penalties, taxes, etc. — Collection and settlement — Accounting — Audit and adjustment, § 16-20-106;

        2. (b) Collection and payment of additional fees — Use of funds, § 16-20-107 [repealed]; and

        3. (c) Investment of moneys held in trust — Disposition of funds, § 16-20-108;

      8. (viii) Depositories for Public Funds, § 19-8-101 et seq.;

      9. (ix) Public Works, § 22-9-101 et seq.; and

      10. (x) The Local Fiscal Management Responsibility Act, § 14-77-101 et seq.;

  3. (3) “Knowingly” means that a person is aware or should have been aware that his or her conduct will violate the fiscal responsibility and management laws;

  4. (4) “Political subdivision” means any county, municipality, or school district of the State of Arkansas; and

  5. (5) “Public officer or employee” means any officer or employee of a county, municipality, or school district located in the State of Arkansas.


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