Legislation

Arkansas Code §25-27-101 | Information Network of Arkansas Act

§25-27-101 | Title
§25-27-102 | Definitions
§25-27-103 | Board
§25-27-104 | Duties
§25-27-105 | Network Manager

§ 25-27-101. Title.

This chapter may be cited as and shall be known as the "Information Network of Arkansas Act".
History. Acts 1995, No. 1139, § 1

§ 25-27-102. Definitions.

As used in this chapter:

(1) "Agency" means any agency, board, commission, public instrumentality, political subdivision, or any of the foregoing entities acting on behalf of the State of Arkansas which store, gather, or generate public information;

(2) "Gateway system" means any centralized electronic information system by which public information shall be disseminated or collected via the internet, dial-in modem, continuous link, or other electronic medium;

(3) "I.N.A." means the Information Network of Arkansas, or, if the Information Network of Arkansas shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given by this chapter to the
Information Network of Arkansas shall be given by law;

(4) "Network manager" means the entity or person designated by contractual obligation to establish, develop, operate, maintain, and expand the gateway system on behalf of the Information Network of Arkansas;

(5) "Public information" means any information stored, gathered, or generated in electronic or magnetic form by an agency, its agencies, or instrumentalities, which is included within the information deemed to be public pursuant to the Freedom of
Information Act of 1967, § 25-19-101 et seq., and other provisions of the Arkansas Code providing for release of information to the public at large to specified groups or recipients; and

(6) "User association" means an association:

(A) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists;

(B) Which is registered with the Secretary of State as an Arkansas corporation;

(C) Which exists for the purpose of advancing the common occupation or profession of its membership; and

(D) Which, after the appointment of the initial board of the Information Network of Arkansas, regularly promotes and encourages the subscription of its members to the gateway system developed by the Information Network of Arkansas.
History. Acts 1995, No. 1139, § 2; 1999, No. 538, § 1

§ 25-27-103. Board.

(a) There is created the Information Network of Arkansas, a public instrumentality carrying out an essential government function, which shall be governed by a board consisting of twelve (12) voting members, as follows:

(1) The Executive Director of the Arkansas Economic Development Commission or his or her designee;

(2) The Secretary of State, or the Secretary of State's designee;

(3) The Director of the Department of Finance and Administration, or the director's designee;

(4) Two (2) members, or their designees, who are chief executive officers of agencies of the executive branch other than the Department of Finance and Administration and the Department of Information Systems, shall be appointed by the Governor;

(5)(A)(i)(a) Four (4) members from user associations initially selected by the Governor shall be appointed by the Governor after consulting each user association.

(ii) No two (2) members appointed pursuant to this subdivision (a)(5) shall be members of the same user association.

(B) Such members shall serve staggered three-year terms;

(6)(A) One (1) member appointed by the Governor after consulting the President of the Arkansas Public Library Association and subject to confirmation by the Senate.

(B) Such member shall serve a three-year term; 

(7)(A) One (1) member appointed by the Governor after consulting the Arkansas Bar Association and subject to confirnation by the Senate.

(B) Such member shall serve a three-year term; and

(8) The Director of the Department of Information Systems, or the director's designee.

(b)(1) The board shall annually elect one (1) member from the board as chair of the board.

(2) The board may also elect a vice chairn and a secretary.

(c)(1) Six (6) members of the board shall constitute a quorum, and the affirmative vote of six (6) members shall be necessary for any action taken by the board.

(2) No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all the duties of the board.

(d) The board shall meet at least semiannually.

(e) Members of the board shall serve without compensation but shall be eligible to receive reimbursement for mileage and reimbursement for expenses in accordance with § 25-16-902.
History. Acts 1995, No. 1139, § 3; 1997, No. 914, § 25; 1999, No. 538, § 2

§ 25-27-104. Duties.

(a) The Information Network of Arkansas shall have the following duties:

(1) To develop and implement an electronic gateway system to provide electronic access to members of the public to public information and to develop, implement, and promote the use of electronic commerce and digital signature applications within the state in cooperation with the Department of Information Systems;

(2) To provide appropriate oversight of the network manager;

(3) To establish charges for the services provided by the Information Network of Arkansas;

(4) To explore ways of expanding the amount and kind of public information provided, increasing the utility and form of the public information provided, and implement such changes as required to be consistent with the provisions of this chapter;

(5) To explore ways of improving citizen and business access to public information, and, where appropriate, implementing such changes;

(6) To explore ways of expanding a gateway system and its services to citizens and businesses by providing add-on services to the public such as access to other for-profit information databases, electronic mail, and calendaring;

(7) To serve in an advisory capacity to the Department of Finance and Administration, the Department of Information Systems, and other state agencies regarding the dissemination to and collection of state data for the citizens and businesses of
Arkansas;

(8) To seek advice from the general public, its subscribers, professional associations, academic groups, and institutions and individuals with knowledge or interest in computer networking, electronic mail, public information access, gateway services,
add-on services, and electronic filing of information; and

(9) To accept gifts, donations, and grants for the support of a gateway system in Arkansas.

(b)(1) All state agencies shall participate with the Information Network of Arkansas in providing assistance as may be requested for the achievement of its purpose.

(2) Services and information to be provided by any agency shall be specified pursuant to a contract between the Information Network of Arkansas and such agency.

(3) Agencies may contract to recover from the Information Network of Arkansas costs incurred by providing such assistance to the Information Network of Arkansas.

(4) The Information Network of Arkansas shall cooperate with the Department of Information Systems to fulfill the purposes of the Arkansas Information Systems Act of 1997, § 25-4-101 et seq.
History. Acts 1995, No. 1139, § 4; 1999, No. 538, § 3.

§25-27-105. Network Manager.

(a)(1) The Information Network of Arkansas shall contract with a network manager and shall use a competitive bid process after developing, in consultation with the Department of Information Systems, criteria and specifications for such a network manager and his duties.

(2)(A) The Information Network of Arkansas may negotiate and enter into a contract with the network manager.

(B) The contract shall specify the duties and responsibilities of the network manager, and shall also include any other terms necessary to the agreement.

(b) The network manager shall:

(1) Direct and supervise the day-to-day operations and expansion of the gateway system, including the initial phase of operations necessary to make such gateway system operational;

(2) Attend meetings of the Information Network of Arkansas;

(3) Keep a record of all gateway, network, and related operations of the Information Network of Arkansas, which records shall be the property of the Information Network of Arkansas;

(4) Maintain and be a custodian of all financial and operational records, documents, and papers filed with the Information Network of Arkansas;

(5) Update and revise on a yearly basis the business plan of the Information Network of Arkansas in consultation with and under the direction of the Information Network of Arkansas;

(6) Submit to the Information Network of Arkansas quarterly financial reports, an annual audit, an annual report, and any other information requested by the board; and

(7) Other such activities or services as requested or authorized by the Information Network of Arkansas consistent with the provisions of this chapter.

(c) The Department of Information Systems may provide to the Information Network of Arkansas such staff and other assistance under contract.
History. Acts 1995, No. 1139, § 5; 1999, No. 538, § 4