Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 371
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 By: Senator Caldwell
 By: Representative J. Moore
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                                   For An Act To Be Entitled
                AN ACT TO TRANSFER THE ARKANSAS RURAL SERVICES
                COMMISSION AND THE RURAL SERVICES DIVISION OF THE
                ARKANSAS ECONOMIC DEVELOPMENT COMMISSION TO THE
                DEPARTMENT OF AGRICULTURE; TO AMEND THE DUTIES OF THE
                SECRETARY OF THE DEPARTMENT OF AGRICULTURE; TO
                DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO TRANSFER THE ARKANSAS RURAL SERVICES
                         COMMISSION AND THE RURAL SERVICES
                         DIVISION OF THE ARKANSAS ECONOMIC
                         DEVELOPMENT COMMISSION TO THE DEPARTMENT
                         OF AGRICULTURE; AND TO DECLARE AN
                         EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       DO NOT CODIFY.       Transfer of Arkansas Rural Services
 Commission and the Rural Services Division of the Arkansas Economic
 Development Commission from Department of Commerce to Department of
 Agriculture.
        (a)    The Arkansas Rural Services Commission and the Rural Services
 Division of the Arkansas Economic Development Commission are transferred from
 the Department of Commerce to the Department of Agriculture.
        (b)    The administrative functions of the Arkansas Rural Services
 Commission and the division are transferred by a cabinet-level department
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 transfer under § 25-38-211 and § 25-43-202 from the Department of Commerce to
 the Department of Agriculture.
      (c)   The statutory authority, powers, duties, functions, records,
 personnel, property, and unexpended balances of appropriations, allocations,
 or other funds, including the functions of budgeting or purchasing of the
 Arkansas Rural Services Commission and the division, are transferred to the
 Department of Agriculture.
      (d)(1)     The transfer of the Arkansas Rural Services Commission and
 division does not affect the orders, rules, regulations, directives, or
 standards made or promulgated by the Arkansas Rural Services Commission or
 the division before the effective date of this act.
               (2)   The orders, rules, regulations, directives, or standards
 under subdivision (d)(1) of this section shall continue with full force and
 effect until amended or repealed under authority given by law.
      (e)   The members of the Arkansas Rural Services Commission, and their
 successors, shall continue to be selected in the manner and serve for the
 terms provided by the statutes applicable to the Arkansas Rural Services
 Commission.
      (f)   The Department of Commerce shall grant access to and provide all
 information requested by the Department of Agriculture to accomplish transfer
 of the Arkansas Rural Services Commission and the division and the mission of
 the Arkansas Rural Services Commission and the division.
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      SECTION 2.      Arkansas Code § 6-16-1101(a), concerning fish and wildlife
 conservation education, is amended to read as follows:
      (a)   The Rural Services Division of the Arkansas Economic Development
 Commission, in consultation with the Arkansas State Game and Fish Commission,
 shall establish school education programs for fish and wildlife conservation
 and other purposes consistent with Arkansas Constitution, Amendment 35.
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      SECTION 3.      Arkansas Code § 15-6-102(a)(4), concerning the legislative
 intent of the Arkansas Rural Development Program Act, is amended to read as
 follows:
               (4)   Since no state office has been specifically created to
 promote, harmonize, or assist efforts to address the unique needs,
 conditions, and strengths of rural areas of the state, it is, therefore, the
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 intent of the General Assembly to create the Arkansas Rural Development
 Commission and the Rural Services Division of the Arkansas Economic
 Development Commission. The division shall serve as the focal point for
 generating rural development policy initiatives for the State of Arkansas.
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      SECTION 4.      Arkansas Code § 15-6-104(e), concerning the Arkansas Rural
 Development Commission, is amended to read as follows:
      (e)   The Arkansas Rural Development Commission shall advise and assist
 the Director of the Arkansas Economic Development Commission Secretary of the
 Department of Agriculture in the performance of his or her duties under this
 subchapter.
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      SECTION 5.      Arkansas Code § 15-6-105 is amended to read as follows:
      15-6-105. Rural Services Division of the Arkansas Economic Development
 Commission Department of Agriculture.
      (a)   There is created the Rural Services Division of within the
 Arkansas Economic Development Commission Department of Agriculture.
      (b)   The head of the division shall be the Director of the Arkansas
 Economic Development Commission Secretary of the Department of Agriculture.
      (c)   The Governor shall direct that all state agencies provide the
 director secretary with assistance in advancing the purpose of the division
 to assure that the activities of the division are fully coordinated with the
 activities of state agencies providing related services.
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      SECTION 6.      Arkansas Code § 15-6-106(a), concerning the functions,
 powers, and duties of the Arkansas Rural Development Commission and Rural
 Services Division, is amended to read as follows:
      (a)   The Director of the Arkansas Economic Development Commission
 Secretary of the Department of Agriculture by and through the Rural Services
 Division of the Arkansas Economic Development Commission shall have the
 following functions, powers, and duties:
               (1)   To serve as a clearinghouse and provide comprehensive
 information relating to rural development and revitalization upon request to
 any agency, individual, or corporation;
               (2)   To advise and assist agencies, individuals, and corporations
 in answering particular rural revitalization and development needs, including
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 cooperative efforts among such agencies, individuals, and corporations to
 solve common problems or provide services in these areas;
               (3)(A)     To receive notification from all state and federal
 agencies, individuals, or corporations engaged in rural development and
 revitalization of program descriptions, appropriation data, and application
 procedures.
                        (B)   The division shall maintain a listing of existing
 programs and advise local agencies, individuals, or corporations of their
 existence;
               (4)   To assist, upon request, applicant local agencies,
 individuals, or corporations located in rural areas in obtaining timely and
 efficient responses from state and federal agencies, to assist such
 applicants in consideration of alternative program grant strategies, to
 assist state and federal agencies in cooperative approaches to address the
 needs of such applicants, and to provide technical assistance to agencies in
 formulating and implementing rural development and revitalization programs;
               (5)   To assist the Secretary of the Department of Commerce
 secretary and the General Assembly in the integration and formulation of
 state rural development and revitalization policy and long-range plans for
 rural areas and in answering needs related thereto;
               (6)   To analyze and make recommendations concerning proposed new
 state legislation or programs that may affect rural areas;
               (7)   To apply for and receive grants or financial assistance from
 the United States Government or other agencies, individuals, or corporations;
               (8)   To assist the secretary in coordinating the activities and
 services of those departments and agencies of the state having relationships
 with local rural agencies, individuals, and corporations in order to provide
 more effective service to them and to simplify state procedures relating
 thereto;
               (9)   To keep the secretary informed about the problems and needs
 of agencies, individuals, and corporations that are involved with rural
 development and revitalization and to assist in formulating policies with
 respect thereto and utilizing the resources of state government for the
 benefit of rural areas;
               (10) To promote and encourage the establishment of a nonprofit
 foundation, a Center for Rural Arkansas, and to cooperate and coordinate with
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 and assist the center in accessing state and United States Government and
 private nonprofit and corporate foundation grant funds to aid in rural
 development and revitalization for rural Arkansas; and
            (11) To administer the conservation education programs
 established under § 6-16-1101 for the benefit of all school districts and
 conservation districts in the state, regardless of population.
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      SECTION 7.   Arkansas Code § 15-6-107(a) and (b), concerning assistance
 programs and grants of the Rural Services Division, are amended to read as
 follows:
      (a)   The Rural Services Division of the Arkansas Economic Development
 Commission shall request such specific information as the Director of the
 Arkansas Economic Development Commission Secretary of the Department of
 Agriculture determines to be necessary concerning assistance programs and
 grants administered by federal, state, and local agencies, individuals, and
 corporations designed to enhance rural areas. The information shall be used
 to advise local agencies, individuals, or corporations for the purpose of
 promoting coordination in program or grant efforts wherever feasible or
 proper.
      (b)   Any political subdivision requesting program grants or assistance
 in order to address rural development and revitalization needs, conditions,
 or strengths in rural areas, pursuant to the rules of the Arkansas Economic
 Development Commission Department of Agriculture, may confer with the
 division to obtain assistance in gaining the most prompt and efficient
 processing and review of any grant applications.
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      SECTION 8.   Arkansas Code § 15-41-209(d), concerning fines, fees, and
 cots for infractions of the state laws protecting game, is amended to read as
 follows:
      (d)   A portion of the fines deposited as special revenues into the fund
 may be expended by the Arkansas State Game and Fish Commission in the form of
 grants issued to the Rural Services Division of the Arkansas Economic
 Development Commission for fish and wildlife conservation education and other
 purposes consistent with Arkansas Constitution, Amendment 35.
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      SECTION 9.   Arkansas Code § 15-47-102(5), concerning findings
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 concerning the Wildlife Recreation Facilities Pilot Program, is amended to
 read as follows:
               (5)   The Department of Rural Services Division and the commission
 are interested in developing a Wildlife Recreation Facilities Pilot Program
 to ignite interest in the wildlife resources of Arkansas and to promote
 economic development in the state through the use and enjoyment of the
 state's abundant wildlife resources; and
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      SECTION 10.       Arkansas Code § 15-47-103(b), concerning the Wildlife
 Recreation Facilities Pilot Program, is amended to read as follows:
      (b)   The program shall be developed, implemented, and administered by
 the Rural Services Division of the Arkansas Economic Development Commission
 with the assistance of the Arkansas State Game and Fish Commission.
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      SECTION 11.       Arkansas Code § 15-47-104(b)(1), concerning funding for
 the Wildlife Recreation Facilities Pilot Program, is amended to read as
 follows:
      (b)(1)     The Rural Services Division of the Arkansas Economic
 Development Commission and the Arkansas State Game and Fish Commission agree
 to execute a memorandum of understanding to delineate each party's
 participation, obligation, and cooperation in the program sufficient to
 fulfill the requirements of this section.
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      SECTION 12.       Arkansas Code § 15-47-105(a), concerning reporting for the
 Wildlife Recreation Facilities Pilot Program, is amended to read as follows:
      (a)   The Arkansas State Game and Fish Commission and the Department of
 Rural Services Division shall report the status of the Wildlife Recreation
 Facilities Pilot Program biannually to the Game and Fish/State Police
 Subcommittee of the Legislative Council.
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      SECTION 13.       Arkansas Code § 19-5-1136(d)(3)(A), concerning the Animal
 Rescue and Shelter Trust Fund, is amended to read as follows:
               (3)(A)   Thirty percent (30%) is distributed to the Rural Services
 Division of the Arkansas Economic Development Commission to provide grants to
 a county or municipality based only on the infrastructure needs for animal
 rescues or animal shelters.
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      SECTION 14.     Arkansas Code § 19-6-811(a), concerning the Wildlife
 Recreation Facilities Fund, is amended to read as follows:
      (a)    There is created on the books of the Treasurer of State, the
 Auditor of State, and the Chief Fiscal Officer of the State a special revenue
 fund to be known as the “Wildlife Recreation Facilities Fund” administered by
 the Rural Services Division of the Arkansas Economic Development Commission.
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      SECTION 15.     Arkansas Code § 25-38-211(a), concerning transfers of
 certain agricultural boards, commissions, committees, bureaus, programs, and
 offices, is amended to add additional subdivisions to read as follows:
             (24)   The Arkansas Rural Development Commission, created under §
 15-6-104; and
             (25)   Rural Services Division, created under § 15-6-105.
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      SECTION 16.     Arkansas Code § 25-43-202(a), concerning transfers of
 certain agricultural boards, commissions, committees, bureaus, programs, and
 offices, is amended to add additional subdivisions to read as follows:
             (25)   The Arkansas Rural Development Commission, created under §
 15-6-104; and
             (26)   Rural Services Division, created under § 15-6-105.
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      SECTION 17.     Arkansas Code § 25-43-302(a)(9), concerning state entities
 transferred to the Department of Commerce, is repealed.
             (9)    The Arkansas Rural Development Commission, created under §
 15-6-104;
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      SECTION 18.     EMERGENCY CLAUSE.   It is found and determined by the
 General Assembly of the State of Arkansas that the Arkansas Rural Development
 Commission and Rural Services Division preserves the public peace, health,
 and safety by providing needed funds and development services for rural
 Arkansas; that this act provides for the transfer of the Arkansas Rural
 Development Commission and Rural Services Division to the Department of
 Agriculture; and that this act should become effective on July 1, 2023, to
 coincide with the appropriation bills of the Department of Agriculture and
 Department of Commerce and ensure that the Arkansas Rural Development
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 Commission and Rural Services Division continue to provide their vital
 services as the transfer is implemented and does not experience any issues
 with funding under the transfer.   Therefore, an emergency is declared to
 exist, and this act being necessary for the preservation of the public peace,
 health, and safety shall become effective on July 1, 2023.
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Statutes affecte