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of taxes: Time for payment, § 26-39-201 ; and (xv) Review of audit reports by legislative governing bodies, § 10-4-219 [repealed]; (B) Municipalities: (i) Prohibited actions by municipal council members or municipal officials and employees: Interest in offices or contracts, etc.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 ing 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. Acts 1991, No. 724, § 2; 2003, No. 1185, § 36; 2005, No. 2201, § 8; 2007, No. 617, § 38. 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; (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 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.; (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]; (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.; 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]; (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 ; (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]; (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.; ommodities Generally, § 6-21-301 et seq.; and (vi) Review of audit reports by boards, § 6-1-101(d) and § 10-4-208(d) [repealed]; (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.; (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 ; (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. Acts 1991, No. 724, § 2; 2003, No. 1185, § 36; 2005, No. 2201, § 8; 2007, No. 617, § 38.