Stricken language would be deleted from and underlined language would be added to present law.
Act 1101 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1937
4
5 By: Representative Gonzales
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND ARKANSAS LAW CONCERNING
9 ADMINISTRATIVE FEES AND PENALTIES; TO AMEND THE LAW
10 CONCERNING REVIEW OF AGENCY RULES BY THE LEGISLATIVE
11 COUNCIL; AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 TO AMEND ARKANSAS LAW CONCERNING
16 ADMINISTRATIVE FEES AND PENALTIES; AND TO
17 AMEND THE LAW CONCERNING REVIEW OF AGENCY
18 RULES BY THE LEGISLATIVE COUNCIL.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code 10-3-309(f), concerning review and approval
24 of state agency rules, is amended to add an additional subdivision read as
25 follows:
26 (4) A committee or subcommittee under this section considering a
27 rule containing a fee or penalty submitted in accordance with 25-15-105 is
28 not required to state the grounds under subdivision (f)(1) of this section
29 when not approving a rule containing a fee or penalty, and may choose not to
30 approve a rule containing a fee or penalty submitted under 25-15-105 for
31 any reason.
32
33 SECTION 2. Arkansas Code 25-15-105 is amended to read as follows:
34 25-15-105. Administrative fees and penalties.
35 (a) As used in this section, agency means the same as defined at
36 25-15-202.
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 HB1937
1 (b)(1) An agency shall not assess a fee or penalty without specific
2 statutory authority to:
3 (A) Assess a certain type and amount of fee or penalty; or
4 (B) Impose a fee or penalty in general.
5 (2)(A) A fee or penalty established in the rules of an agency
6 before the effective date of this section that does not comply with
7 subdivision (b)(1) of this section may remain in effect until July 1, 2013,
8 but shall not be increased above the amount established by the agency for
9 that fee or penalty as of the effective date of this section An agency
10 assessing or imposing a fee or penalty shall promulgate the fee or penalty by
11 rule.
12 (B) An agency is not required to promulgate a fee or
13 penalty by rule if the specific amount of the fee or penalty is set by
14 statute; and
15 (C) A rule assessing or imposing a fee or penalty shall be
16 submitted to Legislative Council for review and approval before a fee or
17 penalty may be assessed or imposed by the agency.
18 (c) Subsection (b) of this section does not affect an agency's
19 authority to deny, suspend, and revoke licenses within its regulatory
20 authority.
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23 APPROVED: 5/3/21
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Statutes affected:
HB 1937: 10-3-309(f)
Act 1101: 10-3-309(f)