Text of AR SB 536 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *LGL163* 03/20/2025 10:34:08 AM LGL163 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 536 3 4 By: Senator D. Sullivan 5 By: Representative Long 6 7 For An Act To Be Entitled 8 AN ACT TO ABOLISH THE ARKANSAS STATE LIBRARY; TO 9 ABOLISH THE STATE LIBRARY BOARD; TO TRANSFER CERTAIN 10 POWERS AND DUTIES OF THE ARKANSAS STATE LIBRARY TO 11 THE DEPARTMENT OF EDUCATION AND THE ARKANSAS STATE 12 ARCHIVES; TO DECLARE AN EMERGENCY; AND FOR OTHER 13 PURPOSES. 14 15 16 Subtitle 17 TO ABOLISH AND TRANSFER THE ARKANSAS 18 STATE LIBRARY AND THE STATE LIBRARY 19 BOARD; AND TO DECLARE AN EMERGENCY. 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. DO NOT CODIFY. Abolition of Arkansas State Library. 24 (a)(1) The Arkansas State Library is abolished, and its authority, 25 functions, records, contracts, personnel, and unexpended balances of 26 appropriations, allocations, and other funds, including the functions of 27 budgeting or purchasing, are transferred to the Department of Education. 28 (2) Except as otherwise provided in this act, the duties and 29 property of the Arkansas State Library are transferred to the Department of 30 Education. 31 (b) Except as otherwise provided in this act, the Arkansas State 32 Library's statutory powers, duties, and functions, including the functions of 33 budgeting or purchasing, records, contracts, personnel, property, and 34 unexpended balances of appropriations, allocations, and other funds are 35 transferred to the Department of Education. 36 SB536 2 03/20/2025 10:34:08 AM LGL163 (c)(1) The abolishment of the Arkansas State Library does not affect 1 the orders, rules, directives, registration, licensing, or standards made or 2 promulgated by the Arkansas State Library before the effective date of this 3 act. 4 (2) The orders, rules, directives, registration, licensing, or 5 standards of the Arkansas State Library shall continue to be in effect until 6 they are amended or repealed under authority given by law. 7 8 SECTION 2. DO NOT CODIFY. Abolition of State Library Board. 9 (a) The State Library Board is abolished, and its authority, duties, 10 functions, records, contracts, personnel, property, and unexpended balances 11 of appropriations, allocations, and other funds, including the functions of 12 budgeting or purchasing, are transferred to the Department of Education. 13 (b) The State Library Board's statutory powers, duties, and functions, 14 including the functions of budgeting or purchasing, records, contracts, 15 personnel, property, and unexpended balances of appropriations, allocations, 16 and other funds are transferred to the Department of Education. 17 (c)(1) The abolishment of the State Library Board does not affect the 18 orders, rules, directives, registration, licensing, or standards made or 19 promulgated by the State Library Board before the effective date of this act. 20 (2) The orders, rules, directives, registration, licensing, and 21 standards of the State Library Board shall continue to be in effect until 22 they are amended or repealed by the Department of Education. 23 24 SECTION 3. Arkansas Code § 6-47-302(d), concerning the implementation 25 of courses offered in elementary and secondary schools, is amended to read 26 follows: 27 (d) The Division of Elementary and Secondary Education shall work with 28 the Arkansas School for Mathematics, Sciences, and the Arts, the Educational 29 Television Division, the education service cooperatives, the Arkansas State 30 Library, and other state agencies involved in distance learning. 31 32 SECTION 4. Arkansas Code § 13-2-103(c), concerning the Arkansas State 33 Library, is amended to read as follows: 34 (c) Copies of the standards and rules for the enforcement of this 35 section shall be submitted to the Arkansas State Library Archives. 36 SB536 3 03/20/2025 10:34:08 AM LGL163 1 SECTION 5. Arkansas Code § 13-2-201 is repealed. 2 13-2-201. State and local publications defined — Exemptions. 3 (a) As used in this subchapter, the terms “state publication” and 4 “local publication” shall include any document issued or printed by any state 5 agency or local government which may be released for distribution, but these 6 terms do not include: 7 (1) The bound volumes of the printed acts of each of the 8 sessions of the General Assembly; 9 (2) The bound volumes of the Arkansas Supreme Court Reports; 10 (3) Printed copies of the Arkansas Statutes of 1947 Annotated or 11 pocket part supplements thereto; 12 (4) Any other printed document which may be obtained from the 13 office of the Secretary of State upon the payment of a charge or fee 14 therefor; 15 (5) Correspondence and intraoffice or interoffice or agency 16 communications or documents which are not of vital interest to the public; 17 (6)(A) Publications of state or local agencies intended or 18 designed to be of limited distribution to meet the requirements of 19 educational, cultural, scientific, professional, or similar use of a limited 20 or restricted purpose and which are not designed for general distribution. 21 (B) Similarly, other publications or printed documents 22 which are prepared to meet the limited distribution requirements of a 23 governmental grant or use which are not intended for general distribution 24 shall also be deemed exempt from the provisions of this subchapter unless 25 funds have been provided for printing of a quantity of such publications 26 sufficient for distribution. 27 (b) A depository copy of each document noted in subdivisions (a)(1), 28 (2), (3), and (6) shall be made available to the Arkansas State Library. 29 30 SECTION 6. Arkansas Code §§ 13-2-203 - 13-2-209 are repealed. 31 13-2-203. Arkansas State Library created. 32 (a) There is created and established within the Department of 33 Education a division to be known as the Arkansas State Library. 34 (b) The library shall function within the Department of Education in 35 the same manner as provided by agencies transferred pursuant to a cabinet- 36 SB536 4 03/20/2025 10:34:08 AM LGL163 level transfer under § 25-43-105 and which shall be adequately funded and 1 properly housed in a designated building at the seat of state government. 2 3 13-2-204. State Librarian. 4 (a) The Arkansas State Library shall be headed by the State Librarian, 5 to be appointed by the State Library Board, in consultation with the 6 Secretary of the Department of Education. The State Librarian shall serve for 7 such time and for such terms as the board may prescribe. 8 (b) The State Librarian shall be a person of good professional 9 standing and reputation, holding at least a master's degree from a graduate 10 school of library science accredited by the American Library Association, and 11 shall have had experience in library administration in academic, public, 12 school, or special libraries. 13 (c) The State Librarian shall have charge of the work of the library 14 and shall perform such other duties as the board may prescribe. 15 16 13-2-205. State Library Board. 17 (a) There is created the State Library Board. 18 (b)(1) The board shall consist of seven (7) members, to be appointed 19 by the Governor subject to confirmation by the Senate. 20 (2) The members of the board shall be appointed by the Governor 21 for reasons of their interest in libraries and in statewide library 22 development. 23 (3)(A) One (1) member of the board shall be appointed from each 24 of the four (4) congressional districts of this state in existence at the 25 time of appointment, and three (3) members shall be selected from the state 26 at large. 27 (B) However, no more than two (2) members of the board 28 shall be appointed from any one (1) congressional district. 29 (4)(A) All members appointed to the board shall serve terms of 30 seven (7) years and until their successors are appointed and qualified. 31 (B) No board member shall be appointed to serve for more 32 than two (2) consecutive full terms. 33 (c) Vacancies occurring on the board due to death, resignation, or 34 other reason shall be filled by appointment of the Governor for the remainder 35 of the unexpired portion of the term in the same manner as for the initial 36 SB536 5 03/20/2025 10:34:08 AM LGL163 appointment. 1 (d)(1) Members of the board shall receive per diem at the rate 2 established by law for attending board meetings or for performing other 3 services required of members in their official capacity as members of the 4 board. 5 (2) In addition, members shall be entitled to mileage at the 6 rate provided by law for official travel of state employees for each mile in 7 traveling from their place of residence to meetings of the board and 8 returning or for attending to other authorized business of the board. 9 10 13-2-206. Meetings of board. 11 (a) The State Library Board shall meet at such place or places and 12 shall keep such records as it may deem appropriate. 13 (b) The board shall select annually a chair and any other officers as 14 it deems necessary. 15 (c) The board shall adopt policies and bylaws governing its meetings, 16 the conduct of its business, and the business of the Arkansas State Library. 17 (d) The State Librarian shall serve as secretary of the board, but 18 without a vote thereon, and shall attend all of the board meetings and keep 19 records thereof. 20 (e) A majority of the board's members shall constitute a quorum for 21 the transaction of business, and all business transacted by the board shall 22 be by majority vote of its members. 23 24 13-2-207. Powers and duties generally. 25 Within the limitations of facilities and funds provided for the 26 Arkansas State Library, the Arkansas State Library shall: 27 (1) Acquire books and other library materials by purchase, 28 exchange, gift, grant, or donation and catalog and maintain those books and 29 materials and make them available for reference and research use of the 30 public and the public officials and employees of this state and its political 31 subdivisions under such rules established by the State Library Board as may 32 be reasonably necessary to govern the use and preservation thereof; 33 (2) Establish and maintain a collection of books and library 34 materials of and pertaining to Arkansas and its people, resources, and 35 history and maintain the collection as a separate section within the Arkansas 36 SB536 6 03/20/2025 10:34:08 AM LGL163 State Library; 1 (3) Operate and maintain a collection of multimedia materials to 2 complement book collections and establish reasonable rules for their use and 3 preservation; 4 (4) Provide specialized services to the blind and individuals 5 with physical disabilities under a cooperative plan with the National Library 6 Service for the Blind and Physically Handicapped of the Library of Congress; 7 (5) Assist communities, libraries, schools, colleges, 8 universities, study and civic clubs and groups, charitable and penal 9 institutions, state agencies and departments, county and municipal 10 governments, and any other institutions, agencies, and individuals with 11 books, information, library materials, and services as needed; 12 (6) Direct the establishment and development of county and 13 regional library systems and programs, devise and implement a certification 14 plan for public librarians, and assist in the design and building of public 15 library facilities; 16 (7) Conduct courses of library instruction, hold library 17 institutes in various parts of the state, and encourage the recruitment and 18 training of library personnel in any suitable manner; 19 (8) Cooperate with the Division of Elementary and Secondary 20 Education and the Division of Higher Education in devising plans for the 21 development of libraries, in aiding librarians in their administration, in 22 certification policies, and in formulating rules for the use of libraries; 23 (9) Receive gifts of library materials, money, and real and 24 personal property, to be held in trust, subject to the terms of the donation 25 for the purposes of this subchapter; 26 (10) Be the official state library agency designated to 27 administer state and federal programs of aid to libraries and to undertake 28 such other activities and services as will further statewide development of 29 libraries and library systems through interlibrary, interagency, and 30 interstate cooperation in order to secure efficient and effective library 31 service for all Arkansans; 32 (11)(A) Cooperate with the various officers, departments, 33 and agencies of state government in pooling and sharing library materials and 34 programs so that duplication of services and facilities shall be minimized 35 and so that maximum utilization may be made of the library services and 36 SB536 7 03/20/2025 10:34:08 AM LGL163 resources of this state. 1 (B) In furtherance of subdivision (11)(A) of this section, 2 the Arkansas State Library may enter into contracts or agreements with state 3 officers, departments, and agencies for the provision of special library 4 services where needed and, under the terms of the contract or agreement, may 5 provide for the method of financing special costs incurred by the Arkansas 6 State Library in furnishing and maintaining such special library services; 7 and 8 (12) Perform all other functions and services that are common to 9 the purposes and objectives of a state library. 10 11 13-2-208. Cooperation with other libraries. 12 (a) The Arkansas State Library shall cooperate with the public and 13 private libraries in the State of Arkansas and may enter into necessary 14 agreements with libraries in other states and the Library of Congress for the 15 sharing of library books, documents, facilities, or services under such terms 16 and conditions as the State Library Board shall determine to be within the 17 scope and services of the Arkansas State Library and in keeping with the 18 state's library programs. 19 (b)(1) The Arkansas State Library shall obtain reports from all 20 libraries and each year report the condition, growth, development, and manner 21 of development of those libraries and such other facts and statistics as may 22 be of public interest. 23 (2) The Arkansas State Library shall include a summary thereof 24 in its biennial report, which shall be filed with the Governor and the 25 presiding officer of each house of the General Assembly. 26 27 13-2-209. Agreements with Arkansas State Archives and Secretary of 28 State. 29 (a) The Arkansas State Library, acting through the State Library 30 Board, is authorized to enter into necessary agreements with the Arkansas 31 State Archives, with respect to an overall plan and design to assure that the 32 functions and materials of the library and the Arkansas State Archives may be 33 convenient to the public and public officials of this state and to its 34 political subdivisions, and to assure that unnecessary duplication of 35 services and facilities is minimized. 36 SB536 8 03/20/2025 10:34:08 AM LGL163 (b)(1)(A) In addition, the library is authorized to enter into 1 contracts and agreements with the Secretary of State for the custody, 2 storage, cataloging, or display in the library or Arkansas State Archives of 3 any books, records, documents, or other papers in the custody of the 4 Secretary of State. 5 (B) This shall be done under such terms and conditions as 6 may be mutually agreed to by the parties. 7 (2) The library is also authorized to accept custody and control 8 over any books, records, and documents which the Secretary of State is now 9 required by law to keep or maintain in his or her official files or volumes, 10 if: 11 (A) The Secretary of State shall determine that the 12 records could be properly cataloged, stored, and preserved in the library or 13 Arkansas State Archives; and 14 (B) The Governor agrees in writing for the transfer of the 15 books, records, and documents from the Secretary of State to the library or 16 Arkansas State Archives, in accordance with the terms of the agreement made 17 in writing signed by the Secretary of State and the State Librarian or the 18 State Historian for the custody, cataloging, preservation, and care of the 19 records. 20 21 SECTION 7. Arkansas Code § 13-2-210 is amended to read as follows: 22 13-2-210. Depository for federal, state, and local documents. 23 (a) The Arkansas State Library shall serve as the state's regional 24 depository library for federal documents and shall become the official 25 depository for state and local documents The Department of Education shall 26 cause any property held by the former Arkansas State Library under the 27 federal Depository Library Program to be transferred or disposed of in a 28 manner consistent with 44 U.S.C. § 1901 et seq., as it existed on January 1, 29 2025. 30 (b) The Department of Education may transfer assets held pursuant to 31 the federal Depository Library Program to any library eligible to receive the 32 assets in question subject to the requirements of federal law. 33 34 SECTION 8. Arkansas Code § 13-2-211 is repealed. 35 13-2-211. Depository agreements and eligibility. 36 SB536 9 03/20/2025 10:34:08 AM LGL163 (a) The Arkansas State Library may enter into depository agreements 1 with any city, county, district, regional, town, school, college, or 2 university library in this state. 3 (b) The Arkansas State Library shall establish standards for 4 eligibility as a depository library under this section, § 13-2-210, and §§ 5 13-2-212 — 13-2-214. The standards may include and take into account: 6 (1) The type of library; 7 (2) The library's ability to preserve state and local 8 publications and to make them available for public use; and 9 (3) The library's geographical location, in order to assure that 10 the publications are conveniently accessible to residents in all areas of the 11 state. 12 13 SECTION 9. Arkansas Code § 13-2-212 is amended to read as follows: 14 13-2-212. State and Local Government Publications Clearinghouse. 15 (a) The Arkansas State Library shall create and maintain a State and 16 Local Government Publications Clearinghouse The Department of Education shall 17 cause any property held by the Arkansas State Library under the State and 18 Local Government Publications Clearinghouse Program to be transferred to the 19 Arkansas State Archives. 20 (b) The Arkansas State Library shall make such rules as may be 21 necessary to carry out the purposes of the clearinghouse. 22 (c)(1) All state agencies, including the General Assembly and 23 its committees, constitutional officers, any department, division, bureau, 24 board, commission, or agency of the State of Arkansas, all local governments, 25 including cities of the first and second class and incorporated towns, and 26 counties, and all boards, commissions, or agencies thereof shall furnish to 27 the Arkansas State Library, upon release, a specified number of copies of 28 each of its state or local publications. 29 (2) These publications shall be furnished to enable the 30 clearinghouse to meet the needs of the Depository Library System and to 31 provide library loan services to those libraries without depository status. 32 (3) The distribution will be required only if sufficient funds 33 are appropriated for the printing of these materials by the agencies, boards, 34 and commissions and for the distribution thereof by the Arkansas State 35 Library to depository libraries. 36 SB536 10 03/20/2025 10:34:08 AM LGL163 (d) At least quarterly, and more frequently if funds are available, 1 the clearinghouse of the Arkansas State Library shall publish and, upon 2 request, distribute a list of state publications to all state agencies and 3 contracting depository libraries. 4 5 SECTION 10. Arkansas Code §§ 13-2-213 and 13-2-214 are repealed. 6 13-2-213. Number of copies provided clearinghouse. 7 (a) If sufficient funds are available, each state and local agency 8 printing or duplicating publications of the type which are to be made 9 available to the State and Local Government Publications Clearinghouse shall 10 print or duplicate fifty (50) additional copies or a lesser number as may be 11 requested by the Arkansas State Library, for deposit with the clearinghouse 12 for distribution to established depository libraries or interstate library 13 exchange. 14 (b) However, if a state agency or a local governmental agency does not 15 have sufficient funds or resources available to furnish the fifty (50) copies 16 to the clearinghouse, it shall notify the Arkansas State Library and deliver 17 to the clearinghouse three (3) copies of each publication to be maintained in 18 the Arkansas State Library, to be indexed and made available on loan to 19 participating libraries through the interlibrary loan services of the 20 Arkansas State Library. 21 22 13-2-214. Libraries of colleges and universities — Contracts — Status. 23 (a) The Arkansas State Library is authorized to enter into contracts 24 or agreements with the Mullins Library of the University of Arkansas at 25 Fayetteville and the library of each of the state-supported institutions of 26 higher learning in this state to provide through the State and Local 27 Government Publications Clearinghouse any of the clearinghouse, exchange, 28 depository, or selective or partial depository duties or functions of any of 29 the libraries, or to provide depository library services in behalf of any of 30 the libraries that may be mutually agreed to by the Arkansas State Library 31 and the Mullins Library of the University of Arkansas at Fayetteville or one 32 (1) of the several institutions of higher learning of this state. 33 (b)(1) Nothing in this subchapter shall be construed to repeal, amend, 34 modify, or affect the status of the Mullins Library of the University of 35 Arkansas at Fayetteville as a depository of state, city, and county documents 36 SB536 11 03/20/2025 10:34:08 AM LGL163 under the provisions of §§ 25-18-301 — 25-18-304. 1 (2) This subchapter shall not repeal, amend, modify, or affect 2 the powers of the Mullins Library of the University of Arkansas at 3 Fayetteville or the library of each of the state-supported institutions of 4 higher learning to be a selective or partial depository of state, city, and 5 county documents under the provisions of §§ 25-18-306 — 25-18-308. 6 7 SECTION 11. Arkansas Code § 13-2-509, concerning the Arkansas State 8 Archives, is amended as follows: 9 (c) A copy of this report shall be filed with the State Library Board 10 Arkansas State Archives. 11 12 SECTION 12. Arkansas Code § 13-2-601 is amended to read as follows: 13 13-2-601. Definition. 14 As used in this compact, “state library agency”, with reference to this 15 state, means the State Library Board a library in the state designated by the 16 Secretary of the Department of Education. 17 18 SECTION 13. Arkansas Code § 13-2-605 is amended to read as follows: 19 13-2-605. Prerequisites for construction or maintenance of libraries. 20 No county, city, town, or combination thereof acting as a regional 21 library district of this state shall be party to a library agreement which 22 provides for the construction or maintenance of a library pursuant to Article 23 III, subdivision (c)7 of the compact, nor pledge its credit in support of 24 such a library, or contribute to the capital financing thereof, except: 25 (1) After after compliance with the Arkansas Constitution and 26 any laws applicable to the county, city, town, or combination thereof 27 relating to or governing capital outlays and the pledging of credit; and 28 (2) After submitting the plan to the State Library Board for 29 approval. 30 31 SECTION 14. Arkansas Code § 13-2-903(d) and (e), concerning the 32 creation of a regional library system, are amended as follows: 33 (d)(1) The ordinance shall be signed by the mayor of each municipality 34 and the county judge of each county, attested by the respective clerks, and 35 sent to the Secretary of State and to the Arkansas State Library. The 36 SB536 12 03/20/2025 10:34:08 AM LGL163 Secretary of State shall receive and file it and shall record it in an 1 appropriate book of record in his or her office. 2 (2) When the ordinance has been made, filed, and recorded as 3 provided in this subchapter, the system shall constitute a public body and a 4 body corporate and politic under the name proposed in the ordinance. 5 (e)(1) Any ordinance filed with the Secretary of State pursuant to the 6 provisions of this section may be amended from time to time, and any other 7 municipality or county may become a new member in the system with the consent 8 of the members of the system evidenced by ordinances of their governing 9 bodies. 10 (2) The amendment shall be signed and filed with the Secretary 11 of State and Arkansas State Library Archives in the manner provided in this 12 section. 13 14 SECTION 15. Arkansas Code § 13-2-1002(a), concerning the creation of 15 the Arkansas Digital Library, is amended as follows: 16 (a)(1) The Division of Higher Education and the Arkansas State Library 17 Archives shall develop a digitized maintain a digital collection of 18 information that includes information that is in the public domain, cleared 19 for public distribution over the internet, and to which students of public 20 postsecondary schools in Arkansas have access. 21 (2) The digitized information digital collection under this 22 subchapter shall be available for public access in at least one (1) location 23 in each Arkansas county. 24 25 SECTION 16. The introductory language of Arkansas Code § 13-2- 26 1002(b)(1), concerning the creation of the Arkansas Digital Library, is 27 amended as follows: 28 (b)(1) The division and the library Arkansas State Archives shall 29 develop criteria regarding the: 30 31 SECTION 17. Arkansas Code Title 13, Chapter 2, is amended to add an 32 additional subchapter to read as follows: 33 34 SUBCHAPTER 11 — Department of Education Duties 35 36 SB536 13 03/20/2025 10:34:08 AM LGL163 13-2-1101. Definitions. 1 As used in this subchapter: 2 (1)(A) “Age-inappropriate material” means books, media, or any 3 other material accessible at a public library containing images or explicit 4 and detailed descriptions of: 5 (i) Sexual acts as defined in 18 U.S.C. § 2246, as 6 it existed on January 1, 2025; 7 (ii) Sexual contact as defined in 18 U.S.C. § 2246, 8 as it existed on January 1, 2025; or 9 (iii) Human genitalia. 10 (B) “Age-inappropriate material” does not include: 11 (i) Educational material with information concerning 12 the biology or anatomy of the human body; or 13 (ii) Sex education material that is accessible to 14 age-appropriate persons as provided in this subchapter; 15 (2) “Director of record” means a person who: 16 (i) Is a resident of the state; 17 (ii) Satisfies the requirements of § 13-2- 18 1104(b)(3)(A)(i) or § 13-2-1104(b)(3)(A)(ii); and 19 (iii) Has a contract with a public library to 20 perform certain duties for the public library, including without limitation 21 the duty to: 22 (a) Attend all meetings of the governing board 23 of the public library; 24 (b) Participate in the hiring of all 25 professional and paraprofessional staff of the public library; and 26 (c) Hold weekly meetings with the director of 27 the public library to ensure the the operations, practices, and policies of 28 the public library meet professional standards; 29 (3) “Public library” means: 30 (A) A county library organized under § 13-2-401 et seq.; 31 (B) A municipal library organized under § 13-2-501 et 32 seq.; 33 (C) A regional library organized under § 13-2-501 et seq.; 34 (D) A library system composed of county and municipal 35 libraries operating under an interlocal agreement under § 14-14-910 and § 25- 36 SB536 14 03/20/2025 10:34:08 AM LGL163 20-101 et seq.; and 1 (E) A library system organized and operated as a public 2 body corporate and politic under § 25-20-201 et seq; 3 (4) “Sex education material” means age-appropriate information 4 designed to prepare minors for the sociology of puberty; 5 (5) “State aid” means a funding program administered by the 6 Department of Education that is designed to provide supplemental financial 7 assistance to a public library, subject to the requirements of this 8 subchapter; 9 (6) “State library administrative agency” means the official 10 agency of the state charged by the law of the state with the extension and 11 development of public library services throughout the state; 12 (7) “State Plan” means the document that includes without 13 limitation: 14 (A) An assurance that the state library administrative 15 agency has the fiscal and legal authority to administer all aspects of this 16 subchapter; 17 (B) An assurance of the establishment of the state's 18 policies, priorities, criteria, and procedures necessary for the 19 implementation of all programs under this subchapter; 20 (C) Confirmation that copies shall be submitted for 21 approval as required by rules promulgated by the director; 22 (D) Identification of the library needs of the state; and 23 (E) The activities to be taken to meet the identified 24 needs of the state under subdivision (7)(D) of this section that are 25 supported by the federal aid made available under this subchapter. 26 27 13-2-1102. Department of Education — Powers and duties. 28 (a) The Department of Education may: 29 (1) Administer state aid to a public library as provided under 30 this subchapter; 31 (2) Administer federal aid to a public library; 32 (3) Provide specialized services to the individuals who are 33 blind and individuals with physical disabilities under a cooperative plan 34 with the National Library Service for the Blind and Physically Handicapped of 35 the Library of Congress; 36 SB536 15 03/20/2025 10:34:08 AM LGL163 (4) Assist in the establishment and development of county 1 library systems and programs and regional library systems and programs; 2 (5) Devise and implement a certification plan for public library 3 librarians; 4 (6) Assist in the design and building of public library 5 facilities; 6 (7) Conduct educational programs to develop or improve the 7 services of a public library, including without limitation: 8 (A) Courses on library instruction; and 9 (B) Regional library leadership institutes providing 10 professional development for employees of public libraries; 11 (8) Prepare and submit a written state plan to the Director of 12 the Institute of Museum and Library Services required under 20 U.S.C. § 9134, 13 as it existed on January 1, 2025; 14 (9) Take steps to fulfill the actions under 20 U.S.C. § 9141, as 15 it existed on January 1, 2025, to utilize federal grant funds to improve 16 library services for state residents; and 17 (10) Cooperate with the Division of Elementary and Secondary 18 Education and the Division of Higher Education to: 19 (A) Devise a plan for the development of a public library; 20 and 21 (B) Aid public library librarians in their administration 22 of a public library, the creation of certification policies, and the creation 23 of rules for the use of a public library. 24 (b) The Department of Education may perform other functions and 25 services to fulfill the purposes and objectives of this subchapter. 26 27 13-2-1103. Department of Education — Rules. 28 (a) The Department of Education may promulgate any necessary rules for 29 the department to fulfill its obligations under this subchapter consistent 30 with the requirements of the Arkansas Administrative Procedures Act, § 25-15- 31 201 et seq. 32 (b) Except as provided under § 13-2-212, rules promulgated by the 33 State Library Board that are in effect at the time this subchapter is enacted 34 shall be the rules of the department. 35 36 SB536 16 03/20/2025 10:34:08 AM LGL163 13-2-1104. State aid – Criteria. 1 (a) The Department of Education shall administer a program to 2 distribute funds appropriated by the General Assembly as state aid to a 3 public library that meets the criteria under subsection (b) of this section. 4 (b) State aid shall be made available to a public library that 5 satisfies all of the following requirements: 6 (1) The governing body of the public library shall: 7 (A) Hold six (6) or more regularly scheduled meetings each 8 calendar year; 9 (B) Conduct business in accordance with established bylaws 10 filed with the Office of Library and Information Services of the Department 11 of Education; 12 (C) Adopt and enforce policies that: 13 (i) Govern the development of the collection of 14 materials and resources of the public library; 15 (ii) Prohibit access to age-inappropriate materials 16 to a person who is sixteen (16) years old or younger; 17 (iii)(a) Except as provided under subdivision 18 (b)(1)(C)(iii)(b) of this section, grants access to sex education materials. 19 (b) Sex education materials shall not be 20 accessed by a minor person who is eleven (11) years old or younger and whose 21 parent or guardian has informed the public library in writing that the minor 22 person is not authorized to access sex-education materials; 23 (iv)(a) Provide a process for a member of the public 24 to request the inclusion, removal, or a policy regarding access to age- 25 inappropriate or sex education materials and resources. 26 (b) A policy requested under subdivision 27 (b)(1)(C)(iv)(a) of this section shall: 28 (1) Comply with all other requirements 29 of state law; and 30 (2) Include an appeal of any initial 31 staff determination to the governing body; 32 (v) Govern unattended children in a public library; 33 and 34 (vi) Govern library computer use under § 13-2-103; 35 and 36 SB536 17 03/20/2025 10:34:08 AM LGL163 (D) Attend a board orientation program provided by the 1 Department of Education within six (6) months of the beginning of his or her 2 term of office; 3 (2)(A) Demonstrate the availability of funds for the public 4 library equal to: 5 (i) The current operations budget of the public 6 library for one year; or 7 (ii) An amount equal to the revenue that one (1) 8 mill of the tax levied for the benefit of the public library would have 9 generated in the prior tax year. 10 (B) The availability of funds under subdivision (b)(2)(A) 11 of this section shall be prepared and submitted to the department in writing; 12 (3)(A) The director of the public library shall have at least 13 one (1) of the following qualifications: 14 (i) A master’s degree in Library Science from an 15 institution accredited by an agency recognized by the United States 16 Department of Education or Council for Higher Education Accreditation; 17 (ii)(a) A bachelor’s degree or a graduate degree in 18 a related field to library science from an institution accredited by an 19 agency recognized by the United States Department of Education or Council for 20 Higher Education Accreditation. 21 (b) A director of a public library who 22 satisfies the requirement under subdivision (b)(3)(A)(ii)(a) of this section 23 shall also possess the following: 24 (1) Three (3) years or more of 25 experience in public library administration; 26 (2) Twelve (12) hours or more of 27 postsecondary courses in the following subject matters: 28 (A) Collection Development; 29 (B) Personnel Management; 30 (C) Library Technology; and 31 (D) Financial Management; or 32 (3) Completion of a training program 33 approved or conducted by the Department of Education that includes 34 professional training related to the successful operation of public libraries 35 in Arkansas; or 36 SB536 18 03/20/2025 10:34:08 AM LGL163 (iii) The public library contracts with a resident 1 who is a director of record for three (3) years or less to supervise the 2 operations of the library while either: 3 (a) The director of record is actively 4 pursuing the minimum qualifications to be a qualified library director under 5 subdivision (b)(3)(A)(i) or subdivision (b)(3)(A)(ii) of this section; or 6 (b) The governing board of the public library 7 is engaged in an active and sustained search for a qualified full-time 8 library director. 9 (B) A public library under subdivision (b)(3)(A)(iii) that 10 contracts with a resident who is a director of record for more than three (3) 11 consecutive years shall not receive state aid until the public library 12 employs a director satisfying the requirements under subdivision (b)(3)(A)(i) 13 or subdivision (b)(3)(A)(ii) of this section; 14 (4)(A) The public library shall provide suitable facilities that 15 are open to the public during services hours. 16 (B) The service hours shall be posted, advertised, and 17 satisfy the following minimum hour requirements: 18 (i) For a service population of less than ten 19 thousand (10,000) people, the minimum service hours per year is one thousand 20 four hundred and eighty (1,480) hours; 21 (ii) For a service population of ten thousand 22 (10,000) people or more and nineteen thousand (19,000) people or less, the 23 minimum service hours per year is one thousand seven hundred and thirty 24 (1,730) hours; 25 (iii) For a service population of nineteen thousand 26 and one (19,001) people or more and forty-nine thousand (49,000) people or 27 less, the minimum service hours per year is one thousand nine hundred and 28 eighty (1,980) hours; or 29 (iv) For a service population of more than forty- 30 nine thousand (49,000) people, the minimum service hours per year is two 31 thousand four hundred and seventy (2,470) hours. 32 (C) A public library operating in multiple counties shall 33 satisfy the minimum service hour requirements separately in each county where 34 the public library operates; 35 (5)(A) The public library shall maintain a current collection of 36 SB536 19 03/20/2025 10:34:08 AM LGL163 materials that: 1 (i) Provides quality resources for residents of the 2 state based on the needs of the community; and 3 (ii) Complies with the requirements of Arkansas law. 4 (B) The collection under subdivision (b)(5)(A) of this 5 section shall not include any materials described under § 5-68-501(2); 6 (6) The public library shall agree to provide an interlibrary 7 loan service to other public libraries in the state; and 8 (7) The public library shall coordinate services for individuals 9 who are blind or individuals who are physically handicapped with the entities 10 that administer these services. 11 12 13-2-1105. Public library — Reporting requirements. 13 (a) To be considered for state aid under this subchapter, a public 14 library shall prepare and submit a written report annually to the Department 15 of Education including without limitation: 16 (1) Documentation that the public library qualifies as a public 17 library under § 13-2-1101; 18 (2) All current bylaws and policies approved by the governing 19 board of the public library; 20 (3) The Annual Public Library Survey; 21 (4) A current long-range plan developed for the purpose of 22 guiding the public library administration in the attainment of goals and 23 future planning and approved by the governing board of the public library; 24 (5) Information and documentation necessary to determine the 25 qualifications of the library director of the public library; 26 (6) The name and contact information of the library director; 27 (7) The name and contact information of the members of the 28 governing board of the public library; 29 (8)(A) An assurance of compliance with the applicable laws of 30 the state, rules promulgated by the department, and the policies of the 31 public library. 32 (B) An assurance under subdivision (a)(8)(A) of this 33 section shall be signed by the library director and the library board chair; 34 and 35 (9) Any other report or information requested in writing by the 36 SB536 20 03/20/2025 10:34:08 AM LGL163 Department of Education. 1 (b) A public library receiving state aid under this subchapter shall 2 notify the department no less than thirty (30) days following a change of the 3 following positions: 4 (1) The director of the public library; or 5 (2) The board chair of the public library. 6 7 13-2-1106. Determination of eligibility – Appeals. 8 (a) The Department of Education shall determine whether a public 9 library qualifies for state aid under the provisions of this subchapter. 10 (b)(1) The department shall provide written notice of a determination 11 under subsection (a) of this section to the director of each public library 12 on or before March 30 preceding the fiscal year the determination concerns. 13 (2) If the department determines that a public library does not 14 qualify for state aid, the notice shall document the basis for the 15 determination. 16 (c) A determination under subsection (a) of this section shall include 17 the qualification of a public library for funding under any incentive program 18 established by the department. 19 (d)(1) A public library may submit a written appeal of a determination 20 under subsection (a) of this section to the Secretary of the Department of 21 Education on or before April 31 preceding the fiscal year the determination 22 concerns. 23 (2) An appeal under subdivision (d)(1) of this section shall 24 provide information demonstrating: 25 (A) The determination was made in error; or 26 (B) The determination was correct but remedial actions 27 have been taken by the public library to bring the public library into 28 compliance with the requirements of this subchapter. 29 (3) The secretary shall consider all available information to 30 make a final determination prior to the first day of the fiscal year when 31 state aid will be distributed to all qualifying public libraries. 32 (e)(1) Except as provided under subdivision (e)(2)(A) of this section, 33 a determination under subsection (a) of this section shall remain in effect 34 for one fiscal year. 35 (2)(A) A determination under subsection (a) of this section may 36 SB536 21 03/20/2025 10:34:08 AM LGL163 be reevaluated by the department if the department receives credible 1 information indicating that a public library is no longer in compliance with 2 the requirements under § 13-2-1104(b). 3 (B) The department may request information necessary to 4 complete a reevaluation of a public library under subdivision (e)(2)(A) of 5 this section. 6 (C)(i) If the department determines that the public 7 library is no longer eligible to receive state aid under subdivision 8 (e)(2)(A) of this section, the director shall prepare and submit a written 9 notice to the public library that including the basis for the reevaluation 10 determination. 11 (ii) A public library may submit a written appeal of 12 a determination under subdivision (e)(2)(C)(i) to the secretary within thirty 13 (30) days of the transmission date of the determination to the director of 14 the public library. 15 (iii) The secretary shall consider all available 16 information and make a final determination of the eligibility of the public 17 library to receive state aid. 18 (iv) The public library shall continue to receive 19 state aid until the latter date of: 20 (a) Thirty (30) days following the 21 determination of the secretary under subdivision (e)(2)(C)(i) of this 22 section; or 23 (b) The secretary transmits a final 24 determination to the public library. 25 26 13-2-1107. Establishment of funding formula for state aid. 27 (a) State aid shall be distributed under this subchapter according to 28 a formula created by rule as promulgated by the Department of Education. 29 (b) A rule promulgated under subsection (a) of this section shall 30 ensure that: 31 (1) Each qualifying public library receives the same base 32 allocation of state aid; 33 (2)(A) Except as provided under subdivision (b)(2)(B) of this 34 section, the department may establish an incentive program to improve a 35 public library that is: 36 SB536 22 03/20/2025 10:34:08 AM LGL163 (i) Based on the policy goals of the department; and 1 (ii) Is consistent with the public policy of the 2 state. 3 (B) An incentive program under subdivision (b)(2)(A) of 4 this section shall: 5 (i) Not exceed ten (10%) percent of the total 6 appropriation for state aid in the fiscal year in which the aid is 7 distributed; and 8 (ii) Includes objective criteria for the 9 qualification of a public library to receive the aid of the incentive 10 program; 11 (3)(A) All other funds appropriated for state aid are 12 distributed based on the population of the political boundary that the public 13 library serves. 14 (B) The population under subdivision (b)(3)(A) of this 15 section shall be determined by the most recent federal decennial census; 16 (4) When two (2) qualifying public libraries serve the same 17 population, that population is allocated state aid as follows: 18 (A) The population served by two (2) public libraries is 19 allocated state aid only for the public library with a political boundary 20 that is located within the political boundary of another qualifying public 21 library; or 22 (B) The population served by two (2) public libraries is 23 allocated state aid only for the smaller public library of the population in 24 which the other public library has a political boundary that extends beyond 25 the political boundary of the smaller public library; and 26 (5) Any other provision is included to ensure the state aid 27 formula is fair and includes clearly established and objective parameters for 28 the distribution of funds to a public library by the department. 29 (c) From July 1, 2025 until June 30, 2026, the department may 30 distribute available state aid funds in a manner consistent with the 31 practices of the former Arkansas State Library until the rules required under 32 subsection (a) of this section are promulgated by the department. 33 34 13-2-1108. Department of Education — Designation as state 35 administrative agency. 36 SB536 23 03/20/2025 10:34:08 AM LGL163 The Department of Education shall be designated as the state library 1 administrative agency for the purpose of 20 U.S.C. § 1921 et seq., as it 2 existed on January 1, 2025. 3 4 SECTION 18. Arkansas Code § 13-3-104(a), concerning the powers and 5 duties of the Arkansas State Archives, is amended to add an additional 6 subdivision to read as follows: 7 (9) Maintain the State and Local Government Publications 8 Clearinghouse Program. 9 10 SECTION 19. Arkansas Code Title 13, Chapter 3, Subchapter 1, is 11 amended to add an additional section to read as follows: 12 13-3-110. State and Local Government Publications Clearinghouse. 13 (a)(1) The State and Local Government Publications Clearinghouse 14 program is transferred from the Arkansas State Library to the Arkansas State 15 Archives. 16 (2) All publications, records, software, contracts, or other 17 property associated with the program shall be held by the Arkansas State 18 Archives. 19 (b) The Arkansas State Archives may promulgate rules to carry out the 20 purposes of the clearinghouse. 21 (c) Any state agency, constitutional officer, department, division, 22 bureau, board, commission, or agency of the state, any local government, 23 including cities of the first class and cities of the second class and 24 incorporated towns, counties, and all boards, commissions, or agencies, and 25 the General Assembly, including without limitation a committee of the General 26 Assembly, shall furnish to the Arkansas State Archives: 27 (1) A number of copies specified by the Arkansas State Archives 28 of each of its state or local publications; and 29 (2) A digital copy of the state or local publication. 30 (d) Once per quarter or more, the clearinghouse of the Arkansas State 31 Archives shall publish a list of state publications available to all state 32 agencies. 33 (e)(1) The Arkansas State Archives shall maintain an online database 34 of all digitally formatted state or local publications it receives under 35 subdivision (c) of this section. 36 SB536 24 03/20/2025 10:34:08 AM LGL163 (2) The Arkansas State Archives may include in its online 1 database under subdivision (e)(1) of this section any state or local 2 publication that the Arkansas State Archives has converted to a digital 3 format. 4 5 SECTION 20. Arkansas Code § 13-13-102(c)(4)(E), concerning the members 6 of the Arkansas Civil War Sesquicentennial Commission, is amended to read as 7 follows: 8 (E) Director of the Arkansas State Library Secretary of the 9 Department of Education; 10 11 SECTION 21. Arkansas Code § 19-4-906(054), concerning motor vehicle 12 authorizations, is repealed. 13 (054) Arkansas State Library 29 14 15 SECTION 22. Arkansas Code § 19-4-906(075), concerning motor vehicle 16 authorizations, is amended to read as follows: 17 (075) Department of Education 10 18 20 19 20 SECTION 23. Arkansas Code § 19-5-305(a), concerning the Public School 21 Fund, is amended to read as follows: 22 (a) The Public School Fund shall consist of the following fund 23 accounts and funds made available for the support of the Division of 24 Elementary and Secondary Education, the Arkansas State Library Department of 25 Education, and the Division of Career and Technical Education and shall be 26 used for the same purposes as set out for the following fund accounts: 27 (1) Division of Elementary and Secondary Education Public School 28 Fund Account. The Division of Elementary and Secondary Education Public 29 School Fund Account shall be used for grants and aids for the programs 30 administered by the Division of Elementary and Secondary Education as 31 authorized by law; 32 (2) Division of Career and Technical Education Public School Fund 33 Account. The Division of Career and Technical Education Public School Fund 34 Account shall be used for grants and aids for the programs administered by 35 the Division of Career and Technical Education, the Adult Education Section, 36 SB536 25 03/20/2025 10:34:08 AM LGL163 and the Office of Skills Development, consisting of, but not limited to: 1 (A) General adult education grants; 2 (B) Adult basic education grants; 3 (C) Manpower development and training grants; 4 (D) Vocational-technical and adult education; and 5 (E) Such other grants and aids as may be authorized by law 6 for disbursement by the Division of Career and Technical Education, the Adult 7 Education Section, and the Office of Skills Development; and 8 (3) State Library Public School Fund Account. The State Library 9 Public School Fund Account shall be used for State Aid to Public Libraries as 10 administered by the Arkansas State Library department. 11 12 SECTION 24. Arkansas Code § 21-7-402(b) and (c), concerning the 13 publication of annual and biennial reports, are amended to read as follows: 14 (b) Fifty (50) copies shall be filed with the Arkansas State Library, 15 Arkansas State Archives pursuant to § 13-3-110 and twenty (20) copies shall 16 be filed with the Mullins Library David W. Mullins Library of the University 17 of Arkansas at Fayetteville, as required by law, for distribution purposes. 18 (c) The publication and filing of such reports in the manner provided 19 in this section shall constitute sufficient distribution, in lieu of other 20 distribution requirements which may be prescribed by law, provided: 21 (1) A record or list of reports available at the Arkansas State 22 Library Archives shall be distributed every three (3) months to the 23 appropriate parties, including members of the General Assembly or other 24 public officials who may be designated by law to receive copies thereof. The 25 furnishing of the lists or record shall meet the formalities of any statutory 26 requirements specifying which officials shall receive copies of the reports; 27 and 28 (2) Copies of the reports shall be made available to the maximum 29 extent practicable, upon request therefor, but the Arkansas State Library 30 Archives may provide, by rules, for recovery of the costs of reproduction. 31 32 SECTION 25. Arkansas Code § 25-11-203 is amended to read as follows: 33 25-11-203. Exemption. 34 No provision of this subchapter shall apply to any program or service 35 currently operated or administered by the Arkansas School for the Blind or 36 SB536 26 03/20/2025 10:34:08 AM LGL163 the State Library Board Department of Education, and this subchapter shall 1 not amend or repeal any statutory provision governing the operation of the 2 Arkansas School for the Blind or the Arkansas State Library Department of 3 Education. 4 5 SECTION 26. Arkansas Code § 25-15-204(e)(1), concerning the procedure 6 for the adoption of rules under the Administrative Procedure Act, is amended 7 to read as follows: 8 (e)(1)(A) An agency shall file with the Secretary of State and the 9 Legislative Council a: 10 (i) Copy of each rule, including without limitation an 11 emergency rule, proposed by the agency; 12 (ii) Financial impact statement for the proposed rule; 13 (iii) Notice for the adoption, amendment, or repeal of 14 any rule required to be published on the internet under this section; 15 (iv) Statement setting forth the reason for the 16 proposed rule; and 17 (v) Summary of the proposed rule. 18 (B) An agency shall file with the Arkansas State Library a copy 19 of each rule, including without limitation an emergency rule, finalized by 20 the agency and a financial impact statement for the rule. 21 (C)(B) A rule shall be filed in compliance with this section and 22 with §§ 10-3-309 and 25-15-218. 23 24 SECTION 27. Arkansas Code § 25-16-903(21), concerning stipend 25 authorizations for certain boards and commissions, is repealed. 26 (21) State Library Board; 27 28 SECTION 28. Arkansas Code § 25-18-306(b) and (c), concerning selective 29 and partial depositories of public records, are amended to read as follows: 30 (b) Each department or division of the state, city, and county which 31 is directed to furnish copies of publications to the David W. Mullins Library 32 of the University of Arkansas at Fayetteville is authorized and directed to 33 send to the Arkansas State Library Archives a list of all publications 34 published by the department or division during the preceding quarter. 35 (c) The Arkansas State Library Archives shall prepare a checklist of 36 SB536 27 03/20/2025 10:34:08 AM LGL163 all publications published by all counties, cities, departments, and agencies 1 of this state and shall furnish quarterly a copy of the checklist to each of 2 the institutions of higher learning in this state. 3 4 SECTION 29. Arkansas Code § 25-18-307 is amended to read as follows: 5 25-18-307. Procedure to obtain state and local publications. 6 (a) Any institution of higher learning desiring to obtain copies of 7 any publication contained in the checklist shall order the number of copies, 8 not to exceed three (3) copies of any one (1) report or publication, desired 9 from the Arkansas State Library Archives. 10 (b) The Arkansas State Library Archives shall collect the orders and 11 shall periodically obtain from state agencies and departments, and from the 12 various cities and counties, a sufficient number of copies and documents and 13 publications to fill the orders. 14 (c) The Arkansas State Library Archives shall furnish all institutions 15 of higher learning copies of any documents and publications so ordered 16 without charge or cost. 17 18 SECTION 30. Arkansas Code § 25-18-308 is amended to read as follows: 19 25-18-308. State and local publications furnished to Arkansas State 20 Library Archives. 21 Each department or division of the state, a city, or a county under 22 whose jurisdiction any printed or processed book, pamphlet, report, or other 23 publication is issued at the expense of a municipal corporation or of a 24 county, or of a county and a city, or of the state is directed to furnish 25 without charge to the Arkansas State Library Archives the number of copies of 26 such publications as the library Arkansas State Archives may order. 27 28 SECTION 31. Arkansas Code § 25-43-502(a)(5), concerning state entities 29 transferred to the Department of Education, is repealed. 30 (5) The Arkansas State Library, created under § 13-2-203; 31 32 SECTION 32. Arkansas Code § 27-101-108 is amended to read as follows: 33 27-101-108. Filing and publication of rules. 34 (a) A copy of the rules adopted pursuant to this subchapter, § 27-101- 35 201 et seq., § 27-101-301 et seq., § 27-101-501 et seq., § 27-101-601 et 36 SB536 28 03/20/2025 10:34:08 AM LGL163 seq., and the Arkansas Motorboat Registration and Titling Act, § 27-101-1001 1 et seq., and of any amendments of those rules shall be filed in the offices 2 of the Arkansas State Game and Fish Commission, the Secretary of State, the 3 Arkansas State Library Archives, and the Bureau of Legislative Research where 4 each copy shall be preserved as a public record. 5 (b) A copy of the rules adopted under § 27-101-401 et seq. and of any 6 amendments of those rules shall be filed in the offices of the Department of 7 Health, the Secretary of State, the Arkansas State Library Archives, and the 8 Bureau of Legislative Research where each copy shall be preserved as a public 9 record. 10 (c) Rules under this section shall be published by the responsible 11 state agency in a convenient form for public use. 12 13 SECTION 33. EMERGENCY CLAUSE. It is found and determined by the 14 General Assembly of the State of Arkansas that the Arkansas State Library 15 preserves the public peace, health, and safety by providing needed funds and 16 services for Arkansas; that this act provides for the transfer of the 17 Arkansas State Library to the Department of Education; and that this act 18 should become effective on July 1, 2025, to coincide with the appropriation 19 bills of the Department of Education and ensure that the Arkansas State 20 Library continues to provide its vital services as the transfer is 21 implemented and does not experience any issues with funding under the 22 transfer. Therefore, an emergency is declared to exist, and this act being 23 necessary for the preservation of the public peace, health, and safety shall 24 become effective on July 1, 2025. 25 26 27 28 29 30 31 32 33 34 35 36