Code reviser outlines plan to move fund-creation language into Title 19 as a technical corrections bill

The code reviser (Cooney) updated the commission on a project to inventory state treasury funds and to move language that creates those funds into Title 19 of the Arkansas Code to avoid dual codification.

Cooney told the commission that staff compiled a list of funds showing instances where enabling language appears in multiple titles, and that the project aims to keep fund-creation language solely in Title 19 and repeal duplicative language elsewhere. "This project would be us going through and making sure that those funds are only created in title 19, so they would not be what we call dual codified," Cooney said. He described the planned vehicle as a technical corrections bill to be presented in the fall during the session when other technical corrections are considered.

Senator Bridal asked whether the office expects the practice of creating fund-creation language in Title 19 to be maintained for future assemblies. Cooney replied that substantive provisions for programs would remain in their appropriate titles, while the technical creation language would be placed in Title 19, and that the office would use its review process to avoid repeating the prior practice of dual codification.

A commissioner asked whether any funds appeared obsolete. Cooney said staff did not identify funds that appeared obsolete on their face but noted the Department of Finance and Administration (DFA) provides a list of funds it considers obsolete; those could be incorporated into a technical corrections bill if appropriate.

The chair said the commission expects no further business in the near term but plans a fall meeting (likely during ALC week) to review proposed technical corrections. The commission adjourned.