2014 Arkansas Code
Title 10 - General Assembly
Appendix -- title 10 - SUNSET LAWS.
4 Acts 1981, No. 883.

SECTION 1. PURPOSE. In the passage of this Act, the General Assembly is cognizant of the intent of Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979 and Section 2 of Act 1021 of 1979, which provided for the termination of a number of state agencies on June 30, 1981 unless studies of said state agencies by joint interim committees of the General Assembly, who were assigned in said Acts to make "Sunset reviews" of said agencies, determine that the continuation of certain of said state agencies is in the public interest. During the interim between the adoption of Act 100 of 1977, Act 683 of 1979 and Act 1021 of 1979, and the convening of the 1981 Regular Session of the General Assembly, the respective joint interim committees of the General Assembly have made studies and review of the purposes, activities, justifications, and needs for each of the state agencies enumerated in Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979 and Section 2 of Act 1021 of 1979, and have recommended the continuation of a number of said state agencies. It is, therefore, the purpose of this Act to provide for the continuation of certain of said state agencies, as enumerated in this Act, subsequent to June 30, 1981, and to provide that the provisions of Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979, and Section 2 of Act 1021 of 1979, which would have provided for the termination of the state agencies enumerated herein on June 30, 1981, shall be of no effect, and that said state agencies be continued, and shall continue to function the same as if the provisions of Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979 and Section 2 of Act 1021 of 1979, which provided for their termination, had never been enacted.

SECTION 2. The following state agencies which under the provisions of Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979 and Section 2 of Act 1021 of 1979, were scheduled to terminate on June 30, 1981, are hereby continued, and said state agencies shall continue to function, and shall perform the respective powers, functions and duties assigned to them by law from and after June 30, 1981, the same as they would have functioned if Section 4 of Act 100 of 1977, Section 3 of Act 683 of 1979 and Section 2 of Act 1021 of 1979 had never been enacted:

(1) the State Department of Education and the State Board of Education, created by Section 3 of Act 169 of 1931, as amended, the same being Arkansas Statutes 80-102, which were transferred to the Department of Education under the provisions of Section 10 of Act 38 of 1971, the same being Arkansas Statutes 5-910;

(2) the Local Services Advisory Council, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;

(3) the Comprehensive State Health Planning Agency, created by Section 1 of Act 305 of 1969, the same being Arkansas Statutes 82-2301, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904, and which was transferred to the State Health Planning and Development Agency by Section 7 of Act 558 of 1975, the same being Arkansas Statutes 82-3607;

(4) the Health Planning Advisory Council, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;

(5) the Alcoholic Beverage Control Division of the Department of Finance and Administration, formerly the Department of Alcoholic Beverage Control, created by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;

(6) the Workshop-Made Products Committee, created by Section 1 of Act 405 of 1973, as amended, the same being Arkansas Statutes 14-229; which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;

(7) the Arkansas Highway Retirement System, created by Section 2 of Act 454 of 1949, as amended, the same being Arkansas Statutes 76-1902;

(8) the Arkansas Teacher Retirement System, created by Section 16 of Act 93 of 1957, as amended, the same being Arkansas Statutes 80-1436;

(9) the State Police Retirement System, created by Section 1 of Act 311 of 1951, as amended, the same being Arkansas Statutes 42-451;

(10) the Arkansas Judicial Retirement System, created by Section 2 of 365 of 1953, as amended, the same being Arkansas Statutes 22-902;

(11) the Arkansas Quasi-Judicial Retirement System, created by Section 1 of Act 148 of 1965, as amended, the same being Arkansas Statutes 12-2701;

(12) the State Division of the Public Employees Retirement System, created by Section 4 of Act 1977 of 1957, as amended, the same being Arkansas Statutes 12-2504;

(13) the County Division of the Public Employees Retirement System, created by Section 4 of Act 177 of 1957, as amended, the same being Arkansas Statutes 12-2504;

(14) the Municipal Division of the Public Employees Retirement System, created by Section 4 of Act 177 of 1957, as amended, the same being Arkansas Statutes 12-2504;

(15) the Non-Teacher Public School Employees Division of the Public Employees Retirement System, created by Section 1 of Act 63 of 1965, as amended, the same being Arkansas Statutes 12-2542;

(16) the General Assembly Division of the Public Employees Retirement System, created by Section 1 of Act 202 of 1961, as amended, the same being Arkansas Statutes 12-2510.2;

(17) the Retired Constitutional Officers Division of the Public Employees Retirement System, created by Section 6 of Act 103 of 1971, the same being Arkansas Statutes 12-2511.2;

(18) the Department of Revenues, created by Section 2 of Act 88 of 1925, as amended, the same being Arkansas Statutes 84-1701, which was transferred to the Department of Finance and Administration by Section 5 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-905;

(19) the State Bank Department, created by Section 1 of Act 113 of 1913, as amended, the same being Arkansas Statutes 67-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(20) the State Banking Board, created by Section 1 of Act 60 of 1933, as amended, the same being Arkansas Statutes 67-201, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended;

(21) the State Insurance Department, created by Section 16 of Act 148 of 1959, the same being Arkansas Statutes 66-2101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(22) the Securities Division of the State Bank Department, created by Section 30 of Act 254 of 1959, as amended, the same being Arkansas Statutes 67-1262, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916, and which was further revised and separated from the State Bank Department by Act 471 of 1973;

(23) the Savings and Loan Association Board, created by Section 5 of Act 227 of 1963, as amended, the same being Arkansas Statutes 67-1805, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, the same being Arkansas Statutes 5-916;

(24) the Arkansas Public Service Commission, created by Section 1 of Act 40 of 1945, the same being Arkansas Statutes 73-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(25) the State Military Department, created by Act 85 of 1929, as amended, which was transferred to the Department of Public Safety, as a Military Division thereof by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914, and which was reestablished as an independent State agency by Section 4 of Act 45 of 1981;

(26) the Early Childhood Development Program, created by Section 1 of Act 63 of 1969, as amended, the same being Arkansas Statutes 80-1644;

(27) the Board of Education, created by Section 3 of Act 169 of 1931, the same being Arkansas Statutes 80-102;

(28) the School Self-Insurance Advisory Committee, created by Section 4 of Act 380 of 1973, the same being Arkansas Statutes 80-3512;

(29) the School Self-Insurance Program, created by Section 6 of Act 380 of 1973, the same being Arkansas Statutes 80-3514;

(30) the Education Commission of the States, created by Section 1 of Act 22 of 1965 (Second Extraordinary Session), as amended, the same being Arkansas Statutes 80-4501;

(31) the Student Loan Guarantee Program, created by Section 2 of Act 27 of 1968 (First Extraordinary Session), the same being Arkansas Statutes 80-4013;

(32) the State Board of Higher Education created by Section 2 of Act 560 of 1977, the same being Arkansas Statutes 80-4902;

(33) the Department of Higher Education, created by Section 9 of Act 38 of 1971, the same being Arkansas Statutes 5-909;

(34) the State Board of Chiropractic Examiners created by Section 4 of Act 706 of 1971, as amended, the same being Arkansas Statutes 72-418;

(35) the Department of Health created by Section 11 of Act 38 of 1971, the same being Arkansas Statutes 5-911;

(36) the State Cancer Commission, created by Section 1 of Act 277 of 1945, as amended, the same being Arkansas Statutes 82-601 which was transferred to the Chronic Disease Division of the Department of Health by Section 11 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-911;

(37) the Disability Determination for Social Security Administration, created by Section 1 of Act 14 of 1961 (Second Extraordinary Session), the same being Arkansas Statutes 83-801;

(38) the Commission on Community Based Rehabilitation, created by Section 3 of Act 378 of 1975, the same being Arkansas Statutes 43-2341;

(39) the Division of Rehabilitative Services of the Department of Human Services, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;

(40) the Division of Rehabilitation Services for the Blind, created by Section 1 of Act 180 of 1965, the same being Arkansas Statutes 80-2566, transferred to the Office of the Blind and Visually Impaired of the Department of Human Services by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;

(41) the State Health Planning and Development Agency, located within the Department of Health, created by Section 1 of Act 558 of 1975, the same being Arkansas Statutes 82-2307;

(42) the Blind Advisory Committee, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;

(43) the Office of the Blind and Visually Impaired of the Department of Human Services, created by Section 12 of Act 38 of 1971, the same being Arkansas Statutes 5-912;

(44) the State Board of Veterinary Medical Examiners, created by Section 3 of Act 650 of 1975, the same being Arkansas Statutes 72-1134;

(45) the State Board of Sanitarians, created by Section 4 of Act 281 of 1957, the same being Arkansas Statutes 71-1604;

(46) the Psychology Examiners Board, created by Section 1 of Act 129 of 1955, the same being Arkansas Statutes 72-1501;

(47) the Board of Podiatry, created by Section 2 of Act 610 of 1923, the same being Arkansas Statutes 72-302;

(48) the Wastewater Plant Operators Licensing Committee, created by Section 2 of Act 211 of 1971, the same being Arkansas Statutes 82-1984;

(49) the Board of Pharmacy, created by Section 2 of Act 50 of 1891, the same being Arkansas Statutes 72-1002;

(50) the Board of Optometry, created by Section 2 of Act 94 of 1941, the same being Arkansas Statutes 72-802;

(51) the Board of Hearing Aid Dispensers, created by Section 1 of Act 197 of 1969, the same being Arkansas Statutes 72-1701;

(52) the Arkansas Board of Private Investigators and Private Security Agencies created by Section 4 of Act 429 of 1977, the same being Arkansas Statutes 71-2125;

(53) the Board of Dental Examiners, created by Section 2 of Act 14 of 1955, the same being Arkansas Statutes 72-535;

(54) the Coal Mine Examining Board, created by Section 1 of Act 486 of 1919, the same being Arkansas Statutes 52-501;

(55) the Cemetery Board, created by Section 4 of Act 250 of 1953, the same being Arkansas Statutes 82-414;

(56) the State Medical Board, created by Section 2 of Act 65 of 1955, the same being Arkansas Statutes 72-602;

(57) the Board of Physical Therapy, created by Section 3 of Act 141 of 1959, the same being Arkansas Statutes 72-1319;

(58) the Great River Road Division of the Department of Parks and Tourism, created by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-907;

(59) the State Forestry Commission, created by Section 1 of Act 42 of 1953, the same being Arkansas Statutes 9-701.1, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(60) the Arkansas Geological Commission, created by Section 1 of Act 16 of 1963, the same being Arkansas Statutes 9-400, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(61) the Oil and Gas Commission, created by Section 2 of Act 105 of 1939, the same being Arkansas Statutes 53-101, which was transferred to the Department of Commerce by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(62) the Division of Forestry of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(63) the Division of Natural Resources of the Department of Commerce, created by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(64) the Arkansas Commerce Commission, Arkansas Transportation Commission, created by Section 2 of Act 132 of 1957, the same being Arkansas Statutes 73-152, which was transferred to the Department of Commerce and renamed the Arkansas Transportation Commission by Section 16 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-916;

(65) the Arkansas Historical Preservation Program, created by Section 1 of Act 368 of 1969, the same being Arkansas Statutes 8-901, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;

(66) the Arkansas Commemorative Commission, created by Section 1 of Act 256 of 1947, the same being Arkansas Statutes 8-201, which was transferred to the Department of Parks and Tourism by Section 7 of Act 38 of 1971, the same being Arkansas Statutes 5-907, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;

(67) the Arkansas Museum and Cultural Commission, created by Section 1 of Act 515 of 1971, the same being Arkansas Statutes 6-1202;

(68) the Arts and Humanities Advisory Council of the Department of Local Services, created by Section 3 of Act 359 of 1971, the same being Arkansas Statutes 6-1003, and transferred to the Department of Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;

(69) the State Committee on Stream Preservation, created by Section 1 of Act 437 of 1967, the same being Arkansas Statutes 9-1201, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923; and transferred to the Arkansas Natural and Scenic Rivers Commission within the Department of Natural Cultural Heritage by Section 3 of Act 257 of 1979, the same being Arkansas Statutes 9-1203;

(70) the Department of Natural and Cultural Heritage, created by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;

(71) the Arkansas Natural Heritage Commission created by Section 1 of Act 227 of 1975, the same being Arkansas Statutes 9-1404.1, formerly the Arkansas Environmental Preservation Commission created by Section 4 of Act 112 of 1973, the same being Arkansas Statutes 9-1404;

(72) the Arkansas Natural and Cultural Heritage Advisory Committee, created by Section 5 of Act 1001 of 1975, the same being Arkansas Statutes 5-925;

(73) the Office of the Arkansas State Arts and Humanities of the Department of Planning, created by Section 3 of Act 359 of 1971, the same being Arkansas Statutes 6-1003, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904, which was transferred to the Department of Arkansas Natural and Cultural Heritage by Section 4 of Act 1001 of 1975, the same being Arkansas Statutes 5-923;

(74) the Board of Registration for Foresters, created by Section 4 of Act 535 of 1969, as amended, the same being Arkansas Statutes 71-2404;

(75) the Judicial Department, created by Section 1 of Act 496 of 1965, as amended, the same being Arkansas Statutes 22-142;

(76) the Justice Building Commission, created by Section 2 of Act 375 of 1955, as amended, the same being Arkansas Statutes 5-602;

(77) the Commission on Uniform State Laws, created by Section 1 of Act 159 of 1945, as amended, the same being Arkansas Statutes 6-401;

(78) the Alcoholic Beverage Control Board, created by Section 2 of Act 113 of 1955, the same being Arkansas Statutes 48-1302.1;

(79) the Prosecution Coordination Commission, created by Section 2 of Act 925 of 1975, the same being Arkansas Statutes 24-127;

(80) the Arkansas State Board of Public Accountancy, created by Section 2 of Act 160 of 1975, the same being Arkansas Statutes 71-612;

(81) the Revenue Department Building Commission, created by Section 2 of Act 38 of 1961 (First Extraordinary Session), as amended, the same being Arkansas Statutes Title 13 Appendix 12;

(82) the Soybean Promotion Board, created by Section 2 of Act 259 of 1971, the same being Arkansas Statutes 77-2002;

(83) the Saint Francis Levee District, created pursuant to Section 1 of Act 75 of 1929, as amended, the same being Arkansas Statutes 21-644;

(84) the Southern Interstate Nuclear Board, created by Section 1 of Act 429 of 1961, as amended, the same being Arkansas Statutes 9-1101, renamed the Southern State Energy Board by Section 1 of Act 1112 of 1979, the same being Arkansas Statutes 9-1101;

(85) the Office on Aging, as transferred to the Department of Human Services by Section 4 of Act 38 of 1971, the same being Ark. Stats. 5-904;

(86) the Arkansas Veterans Service Office, created by Section 1 of Act 234 of 1945, the same being Arkansas Statutes 11-1401; transferred to the Department of Veterans Affairs by Section 11 of Act 324 of 1979, the same being Arkansas Statutes 11-1410;

(87) the Arkansas Veterans Child Welfare Service, created by Section 1 of Act 189 of 1969, the same being Arkansas Statutes 11-1409;

(88) the Air National Guard, created by Section 23 of Act 50 of 1969, as amended, the same being Arkansas Statutes 11-203;

(89) the Board of Registration for Professional Engineers and Land Surveyors, created by Section 3 of Act 202 of 1925, as amended, the same being Arkansas Statutes 71-1003;

(90) the Office of the Adjutant General, created by Section 10 of Act 50 of 1969, as amended, the same being Arkansas Statutes 11-110;

(91) the Arkansas Wing of the Civil Air Patrol, as transferred to the Department of Public Safety by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914 and transferred to the State Military Department by Section 5 of Act 45 of 1981;

(92) the State Militia, created by Section 2 of Act 85 of 1929, as amended, the same being Arkansas Statutes 11-102, which was transferred to the Department of Public Safety by Section 14 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-914 and transferred to the State Military Department by Section 5 of Act 45 of 1981;

(93) the Office of Emergency Services, created as a Division of the Department of Public Safety by Section 5 of Act 511 of 1973, the same being Arkansas Statutes 11-1938, and reestablished as a separate State agency by Section 10 of Act 45 of 1981;

(94) the Arkansas Police Commission created by Section 2 of Act 231 of 1945, as amended, the same being Arkansas Statute 42-402;

(95) the Office of Alcohol and Drug Abuse Prevention of the Department of Human Services created by Section 1 of Act 644 of 1977, the same being Arkansas Statute 82-2132, and which succeeded to the authority of the Office on Alcohol Abuse and Alcoholism created by Section 3 of 50 of 1973, the same being Arkansas Statute 83-720;

(96) the Arkansas Alcohol and Drug Abuse Advisory Council created by Section 5 of Act 644 of 1977, the same being Arkansas Statute 82-2136, and which succeeded to the authority of the Alcohol Abuse Advisory Council created by Section 4 of Act 50 of 1973, the same being Arkansas Statute 83-721;

(97) the Arkansas Crime Commission created by Section 1 of Act 558 of 1977, the same being Arkansas Statute 6-1301, and which succeeded to the authority of the Crime and Law Enforcement Commission created by Executive Order 75-1;

(98) the Arkansas Student Loan Authority created by Section 3 of Act 873 of 1977, the same being Arkansas Statute 80-4033, which succeeded to the authority of the Student Loan Board created by Section 3 of Act 884 of 1975, the same being Arkansas Statute 80-4018;

SECTION 3. The following state agencies, which, under the provisions of Section 4 of Act 100 of 1977 and Section 3 of Act 684 of 1979, were scheduled to terminate on June 30, 1979, are hereby continued until June 30, 1983, for the purpose of enabling the appropriate Joint Interim Committee of the General Assembly, as designated below, to continue to review said state agencies for the purpose of recommending to the Seventy-Fourth General Assembly whether said state agencies should continue to function after June 30, 1983, or terminate on said date as provided herein:

(a) The following, to be terminated on June 30, 1983, shall be reviewed by the Joint Interim Committee on Public Health, Welfare and Labor:

(1) The Inhalation Therapy Examination Committee, created by Section 3 of Act 168 of 1969, the same being Arkansas Statutes 72-1603.

(b) The following, to be terminated on June 30, 1983, shall be reviewed by the Joint Interim Committee on City, County and Local Affairs:

(1) The Department of Local Services, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;

(2) The Office of Local and Regional Services within the Department of Local Services, created by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904;

(3) The Office of Economic Opportunity, which was transferred to the Department of Local Services by Section 1 of Act 278 of 1975, the same being Arkansas Statutes 5-904;

(4) The Department of Aeronautics, created by Section 1 of Act 457 of 1941, as amended, the same being Arkansas Statutes 74-102, which was transferred to the Department of Local Services by Section 4 of Act 38 of 1971, as amended, the same being Arkansas Statutes 5-904.

SECTION 4. (a) The following subsections of Section 4 of Act 100 of 1977 are hereby repealed: subsections (1) and (2) of subsection (a); subsections (5) and (6) of subsection (a); subsection (8) of subsection (a); subsections (10) through (13) of subsection (a); subsections (1) through (20) of subsection (b); subsections (22) through (28) of subsection (b); subsections (1) and (2) of subsection (c); subsection (1) of subsection (d); subsections (3) through (19) of subsection (d); subsections (1) through (3) of subsection (e); subsections (5) through (7) of subsection (e); subsections (1) through (5) of subsection (f); and subsections (8) through (17) of subsection (f).

(b) The following subsections of Section 3 of Act 683 of 1979 are hereby repealed: subsection (1) of subsection (a); subsections (1) through (3) of subsection (b); subsections (5) and (6) of subsection (b); subsections (1) and (2) of subsection (c); subsections (1) and (2) of subsection (d); and subsections (1) through (12) of subsection (e).

(c) Section 2 of Act 1021 of 1979 is hereby repealed.

SECTION 5. EMERGENCY CLAUSE. It is hereby found and determined by the General Assembly that Act 100 of 1977, Act 683 of 1979 and Act 1021 of 1979 provided for the termination of a number of State agencies and programs to be effective on June 30, 1981; that it was the intention of said Acts that each of said agencies and programs would be reviewed in the interim between the recess and adjournment and the convening of the Seventy-Third General Assembly by the Legislative Joint Interim Committees of the General Assembly to evaluate the purposes, duties and accomplishments of said agencies and programs with the view that the General Assembly would take action to restore and continue those agencies and programs that were needed in the public interests; that other agencies and programs would be reorganized and that other agencies and programs would be allowed to terminate as provided by said Acts; and, as a result of said studies during the interim prior to the convening of the Seventy-Third General Assembly recommendations have been made to restore and continue the operations of numerous agencies and programs which were to terminate on June 30, 1981, and recommendations were made that other agencies and programs be extended for two more years for further study and to terminate on June 30, 1983 unless restored and continued by the Seventy-Fourth General Assembly; that the immediate passage of this Act is necessary to restore and continue the various agencies and programs identified in this Act and that said action should be taken prior to June 30, 1981, at which time said agencies would be terminated under the provisions of said Acts, it being the intent of this Act that the agencies and programs defined herein would continue to function. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.

APPROVED: March 28, 1981.