Ark. Code § 14-77-102

Current with legislation from 2024 Fiscal and Special Sessions.

Section 14-77-102 - Definitions

As used in this chapter:

(1) "Executive officer" means the following for the applicable political subdivisions:

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

(B) For municipalities, an "executive officer" is the mayor, city manager, or city administrator; and

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

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

(A) Counties:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xv) Review of audit reports by legislative governing bodies, § 10-4-219 [repealed];

(B) Municipalities:

(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;

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

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

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

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

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

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

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

(C) Schools:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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) "Political subdivision" means any county, municipality, or school district of the State of Arkansas; and

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

Ark. Code § 14-77-102

Acts 1991, No. 724, § 2; 2003, No. 1185, § 36; 2005, No. 2201, § 8; 2007, No. 617, § 38.