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Arkansas General Assembly· SB 413Notification that SB413 is now Act 401

An act TO AMEND THE LAW CONCERNING A SCHOOL DISTRICT 10 BOARD OF DIRECTORS, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                       A Bill
2 95th General Assembly

3 Regular Session, 2025                                         SENATE BILL 413

4

5 By: Senator K. Hammer

6 By: Representative Hawk

7

8                          For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING A SCHOOL DISTRICT

10  BOARD OF DIRECTORS; TO AMEND THE LAW CONCERNING THE

11  CERTIFICATION OF AN OATH FOR A SCHOOL BOARD DIRECTOR;

12  AND FOR OTHER PURPOSES.

13

14

15                                        Subtitle

16                       TO AMEND THE LAW CONCERNING A SCHOOL

17                       DISTRICT BOARD OF DIRECTORS; AND TO

18                       AMEND THE LAW CONCERNING THE

19                       CERTIFICATION OF AN OATH FOR A SCHOOL

20                       BOARD DIRECTOR.

21

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

23

24  SECTION 1. Arkansas Code � 6-13-617 is amended to read as follows:

25  6-13-617. Oath. [Effective May 1, 2024.]

26  (a)(1)(A) Each director shall, within ten (10) days after receiving

27 notice from the county clerk or his or her designee of his or her election or

28 within ten (10) days after receiving notice from the county clerk or his or

29 her designee of his or her appointment, subscribe to the following oath

30 before an individual authorized to administer oaths under � 21-2-105:

31  "I, _____________, do hereby solemnly swear or affirm, that I

32 will support the United States Constitution and the Arkansas Constitution,

33 and that I will not be interested, directly or indirectly, in any contract

34 made by the district of which I am a director, except as permitted by state

35 law, that I shall abide by the ethical guidelines and prohibitions under � 6-

36 24-101 et seq., and that I will faithfully discharge the duties as school

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1 director in _____________ School District upon which I am about to enter.

2                    _____________

3                    Director's Signature

4                    _____________

5                    Administrator's Signature

6                    _____________

7                    Date.

8                    _____________ Accepted

9                    _____________ Rejected

10                   _____________ Reason for rejection

11                   _____________

12                   County Clerk's Signature".

13                   (B) The notification from the county clerk or his or her

14 designee shall indicate the date by which the oath shall be subscribed to

15 that the oath shall be subscribed to within ten (10) days after receiving

16 notice from the county clerk or his or her designee of the director's

17 election or appointment.

18  (2)(A) After the oath is administered, the director shall submit

19 a certification of the administration of the oath to the county clerk or his

20 or her designee.

21                   (B) The certification of the administration of the oath

22 shall contain:

23                          (i) A copy of the oath;

24                          (ii) The director's signature;

25                          (iii) The administrator's signature; and

26                          (iv) The date.

27                   (C) The certification of the administration of the oath

28 shall be submitted to the county clerk or his or her designee no later than

29 the close of business on the date indicated in the notification from the

30 county clerk under subdivision (a)(1) of this section ten (10) days after

31 receiving notice from the county clerk or his or her designee of the

32 director's election or appointment.

33  (b)(1) The county clerk or his or her designee, upon receipt of the

34 certification of the administration of the oath prescribed for a director,

35 shall immediately: commission the director, and the director shall

36 immediately assume his or her duties as a director.

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1                     (A) Verify that the:

2                     (i) Certification of the administration of the oath

3 was submitted on or before the close of business on the date indicated in the

4 notification from the county clerk or his or her designee under subdivision

5 (a)(1) of this section; and

6                     (ii) Individual before whom the oath was subscribed

7 to is an individual authorized to administer oaths under � 21-2-105; and

8                     (B) Either:

9                     (i) Accept the certification of the administration

10 of the oath if it complies with the requirements of this section; or

11                    (ii) Reject the certification of the administration

12 of the oath if it does not comply with one (1) or more of the requirements of

13 this section.

14            (2)(A) Immediately following the acceptance of the certification

15 of the administration of the oath, the county clerk or his or her designee

16 shall:

17                    (i) Commission the director;

18                    (ii) Provide the director a copy of � 6-24-101 et

19 seq.; and

20                    (iii) Require the director to sign an

21 acknowledgement that he or she received a copy of � 6-24-101 et seq.

22                    (B) The term of the director shall begin upon the

23 receiving of the commission under subdivision (b)(2)(A)(i) of this section.

24            (3) (2) By the close of business of the day following the

25 receipt of the certification of the administration of the oath, the county

26 clerk or his or her designee shall either:

27                    (A)(i) Notify the superintendent of the school district by

28 phone that the individual has subscribed to the director's oath and that the

29 county clerk has accepted the certification of the administration of the

30 oath; and

31                    (ii)(B) Send a copy of the certificate of the

32 administration of the oath to the school district's central office within

33 five (5) days; or

34                    (B) If the certification of the administration of the oath

35 has not been timely received or otherwise rejected by the county clerk or his

36 or her designee, notify the superintendent of the school district by phone of

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1 the rejection of the certification of the administration of the oath by the

2 close of business on the day following the date indicated in the notification

3 from the county clerk or his or her designee under subdivision (a)(1) of this

4 section.

5   (c) The failure of an elected director to have the oath administered

6 and submit proof that the oath was administered as required under subsection

7 (a) of this section will result in:

8           (1) The individual's not being qualified to serve for the

9 purpose of Arkansas Constitution, Article 19, � 5; and

10          (2) A holdover.

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