Ark. Code Ann. § 21-14-101 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-101
Appointment and commission
Status: in_force

(a) (1) The Secretary of State may appoint and commission an individual person as a notary public in this state. (2) A notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State. (b) Every applicant for appointment and commission as a notary public shall complete an application to be filed with the Secretary of State stating: (1) That he or she is: (A) One (1) of the following: (i) A bona fide citizen of the United States; (ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or (v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection; (B) Eighteen (18) years of age or older; and (C) Able to read and write English; (2) The address of his or her place of employment, business, or residence in this state; (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and (4) That he or she has not been convicted of a felony. (c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission. (d) The Secretary of State may require the applicant to demonstrate that he or she has reviewed the law concerning notaries public and understands the duties of a notary public. (e) Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or in the case of a legal resident of an adjoining state or nonresident spouse of a United States military service member, in the county in Arkansas of his or her place of employment or business, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. (f) (1) The obligation of an issuer of a bond required by subsection (e) of this section: (A) Shall be solely to the State of Arkansas; and (B) Is solely for the benefit of the State of Arkansas. (2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond. (3) An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee. (g) (1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a legal resident of an adjoining state or a nonresident spouse of a United States military service member, the circuit clerk for the county in Arkansas of his or her place of employment or business: "I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)__________________ Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year). __________________(Signature of circuit clerk)". (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State. (h) The Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission. Amended by Act 2021, No. 479,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 215,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 215,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 215,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 537,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 492,§ 1, eff. 8/16/2013. Acts 1874, No. 17, § 1, p. 61; C. & M. Dig., § 7969; Pope's Dig., § 10362; Acts 1981, No. 672, § 1; 1985, No. 966, § 1; A.S.A. 1947, § 12-1401; Acts 1989, No. 304, § 2; 2001, No. 1274, § 1; 2005, No. 2274, § 1; 2009, No. 1404, § 1.

(a) (1) The Secretary of State may appoint and commission an individual person as a notary public in this state. (2) A notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State.

(1) The Secretary of State may appoint and commission an individual person as a notary public in this state.

(2) A notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State.

(b) Every applicant for appointment and commission as a notary public shall complete an application to be filed with the Secretary of State stating: (1) That he or she is: (A) One (1) of the following: (i) A bona fide citizen of the United States; (ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or (v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection; (B) Eighteen (18) years of age or older; and (C) Able to read and write English; (2) The address of his or her place of employment, business, or residence in this state; (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and (4) That he or she has not been convicted of a felony.

(1) That he or she is: (A) One (1) of the following: (i) A bona fide citizen of the United States; (ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or (v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection; (B) Eighteen (18) years of age or older; and (C) Able to read and write English;

(A) One (1) of the following: (i) A bona fide citizen of the United States; (ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or (v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection;

(i) A bona fide citizen of the United States;

(ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile;

(iii) A legal resident of Arkansas;

(iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or

(v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection;

(a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas.

(b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection;

(B) Eighteen (18) years of age or older; and

(C) Able to read and write English;

(2) The address of his or her place of employment, business, or residence in this state;

(3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and

(4) That he or she has not been convicted of a felony.

(c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission.

(d) The Secretary of State may require the applicant to demonstrate that he or she has reviewed the law concerning notaries public and understands the duties of a notary public.

(e) Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or in the case of a legal resident of an adjoining state or nonresident spouse of a United States military service member, in the county in Arkansas of his or her place of employment or business, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or

(2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section;

(B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and

(C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(f) (1) The obligation of an issuer of a bond required by subsection (e) of this section: (A) Shall be solely to the State of Arkansas; and (B) Is solely for the benefit of the State of Arkansas. (2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond. (3) An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee.

(1) The obligation of an issuer of a bond required by subsection (e) of this section: (A) Shall be solely to the State of Arkansas; and (B) Is solely for the benefit of the State of Arkansas.

(A) Shall be solely to the State of Arkansas; and

(B) Is solely for the benefit of the State of Arkansas.

(2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond.

(3) An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee.

(g) (1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a legal resident of an adjoining state or a nonresident spouse of a United States military service member, the circuit clerk for the county in Arkansas of his or her place of employment or business: "I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)__________________ Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year). __________________(Signature of circuit clerk)". (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State.

(1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a legal resident of an adjoining state or a nonresident spouse of a United States military service member, the circuit clerk for the county in Arkansas of his or her place of employment or business: "I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)__________________ Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year). __________________(Signature of circuit clerk)".

"I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)__________________

Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year).

__________________(Signature of circuit clerk)".

(2) The notary public shall send an executed and signed original of the declaration to the Secretary of State.

(h) The Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission.

Amended by Act 2021, No. 479,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 215,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 215,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 215,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 537,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 492,§ 1, eff. 8/16/2013.

Acts 1874, No. 17, § 1, p. 61; C. & M. Dig., § 7969; Pope's Dig., § 10362; Acts 1981, No. 672, § 1; 1985, No. 966, § 1; A.S.A. 1947, § 12-1401; Acts 1989, No. 304, § 2; 2001, No. 1274, § 1; 2005, No. 2274, § 1; 2009, No. 1404, § 1.
Ark. Code Ann. § 21-2-808 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-808
Billing certification - Payment and deposit
Status: in_force

(a) Beginning on and after July 1, 2024, the Arkansas Cyber Response Board, with the assistance of the Insurance Commissioner, shall prepare a billing certification to be remitted to the: (1) Department of Finance and Administration; and (2) Chief Fiscal Officer of the State. (b) (1) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification. (2) Funds appropriated for premiums for Arkansas Self-Funded Cyber Response Program coverage, or funds otherwise made available for this purpose, shall not be subject to reduction as a result of any shortfall of projected revenues. (c) Upon receipt of the billing certification under this section, the Chief Fiscal Officer of the State shall pay the billing certification from funds withheld from the: (1) County Aid Fund that are due each county participating in the program for premiums for county public officials and public employees; (2) Municipal Aid Fund that are due each municipality participating in the program for premiums for municipal public officials and public employees; and (3) Public School Fund that are due each school district participating in the program for premiums for school district officials and school district employees. (d) Upon receipt of the funds under this section, the commissioner shall deposit the funds into the Arkansas Self-Funded Cyber Response Program Trust Fund. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) Beginning on and after July 1, 2024, the Arkansas Cyber Response Board, with the assistance of the Insurance Commissioner, shall prepare a billing certification to be remitted to the: (1) Department of Finance and Administration; and (2) Chief Fiscal Officer of the State.

(1) Department of Finance and Administration; and

(2) Chief Fiscal Officer of the State.

(b) (1) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification. (2) Funds appropriated for premiums for Arkansas Self-Funded Cyber Response Program coverage, or funds otherwise made available for this purpose, shall not be subject to reduction as a result of any shortfall of projected revenues.

(1) Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.

(2) Funds appropriated for premiums for Arkansas Self-Funded Cyber Response Program coverage, or funds otherwise made available for this purpose, shall not be subject to reduction as a result of any shortfall of projected revenues.

(c) Upon receipt of the billing certification under this section, the Chief Fiscal Officer of the State shall pay the billing certification from funds withheld from the: (1) County Aid Fund that are due each county participating in the program for premiums for county public officials and public employees; (2) Municipal Aid Fund that are due each municipality participating in the program for premiums for municipal public officials and public employees; and (3) Public School Fund that are due each school district participating in the program for premiums for school district officials and school district employees.

(1) County Aid Fund that are due each county participating in the program for premiums for county public officials and public employees;

(2) Municipal Aid Fund that are due each municipality participating in the program for premiums for municipal public officials and public employees; and

(3) Public School Fund that are due each school district participating in the program for premiums for school district officials and school district employees.

(d) Upon receipt of the funds under this section, the commissioner shall deposit the funds into the Arkansas Self-Funded Cyber Response Program Trust Fund.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-13-103 — AR Code / Title 21 / Chapter 13 / Section 21-13-103
Definitions
Status: in_force

As used in this chapter: (1) "Department" means all agencies, departments, institutions, and divisions of state government and agencies under the jurisdiction or supervision of the State of Arkansas or of any political subdivision or school district in this state; (2) "Material donor" means any person who, without financial gain, provides funds, materials, employment, or opportunities to clients of agencies, instrumentalities, political subdivisions, or school districts of the State of Arkansas; (3) "Occasional-service volunteer" means any person who provides a one-time or occasional volunteer service; (4) "Regular-service volunteer" means any person engaged in specific volunteer service activities on an ongoing or continuing basis; and (5) "Volunteer" means any person who, of his or her own free will, provides goods or services without any financial gain to any agency, instrumentality, political subdivision, or school district of the State of Arkansas. Acts 1981, No. 42, § 2; A.S.A. 1947, § 12-3702.

As used in this chapter:

(1) "Department" means all agencies, departments, institutions, and divisions of state government and agencies under the jurisdiction or supervision of the State of Arkansas or of any political subdivision or school district in this state;

(2) "Material donor" means any person who, without financial gain, provides funds, materials, employment, or opportunities to clients of agencies, instrumentalities, political subdivisions, or school districts of the State of Arkansas;

(3) "Occasional-service volunteer" means any person who provides a one-time or occasional volunteer service;

(4) "Regular-service volunteer" means any person engaged in specific volunteer service activities on an ongoing or continuing basis; and

(5) "Volunteer" means any person who, of his or her own free will, provides goods or services without any financial gain to any agency, instrumentality, political subdivision, or school district of the State of Arkansas.

Acts 1981, No. 42, § 2; A.S.A. 1947, § 12-3702.
Ark. Code Ann. § 21-5-508 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-508
Taxation of deferred income
Status: in_force

A sum deferred under the deferred compensation program is not subject to income taxation until a distribution is made to the employee or beneficiary unless an employee has by contract directed that his or her contribution is to be deposited into a Roth deferred compensation plan. Amended by Act 2013, No. 452,§ 2, eff. 8/16/2013. Acts 1975, No. 669, § 6; A.S.A. 1947, § 12-1623; Acts 2007, No. 1009, § 17.

A sum deferred under the deferred compensation program is not subject to income taxation until a distribution is made to the employee or beneficiary unless an employee has by contract directed that his or her contribution is to be deposited into a Roth deferred compensation plan.

Amended by Act 2013, No. 452,§ 2, eff. 8/16/2013.

Acts 1975, No. 669, § 6; A.S.A. 1947, § 12-1623; Acts 2007, No. 1009, § 17.
Ark. Code Ann. § 21-5-404 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-404
Powers, functions, and duties of board
Status: in_force

The State Board of Finance has the following powers, functions, and duties: (1) (A) To explore various cost-containment measures and funding options for plan options offered under the State and Public School Life and Health Insurance Program for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees. (B) The board shall not adopt a health insurance plan option that has no deductible for participants. (C) The board shall recommend that an active employee in a consumer-driven health insurance plan option offered under the program establish a health savings account if the active employee is eligible to establish a health savings account under federal law; (2) To promote competition among vendors and create a systematic formula for measuring competitiveness of the plan options offered under the program, quality-of-care delivery, portability, and accessibility to and affordability of health care; (3) To prepare a comprehensive analysis of the various plan options offered under the program, including cost, quality, and access differentials as well as any other comparisons of the plan options offered under the program; (4) To undertake studies and to take any appropriate action that the board determines will promote the financial soundness and overall well-being of the program; (5) To establish and set penalties as allowed under § 21-5-415 ; (6) (A) To develop, with the assistance of the Office of State Procurement, bid specifications and requests for proposals and to evaluate bids and proposals. (B) The board shall allow the office to execute all other actions relating to the purchasing procedures in contracting for consultants, third-party administrators, providers, or insurance companies on behalf of the program and all plan options offered under the program; (7) To evaluate responses to requests for proposals, select contractors for all services, and approve the award of contracts resulting from bids for the program and all plan options offered under the program; (8) To perform program and plan option design and summarize plan document approval, including without limitation lifetime limitations, copayments, deductibles, and eligibility rules; (9) To promote increased access to and participation in the program and the plan options offered under the program by educating state employees, state employee retirees, public school employees, and public school employee retirees about the program and all plan options offered under the program, including the advantages and disadvantages of each available plan option; (10) (A) To direct the office to contract with qualified vendors, as defined by the board, offering the plan options under the program as prescribed by the board without regard to § 19-11-228 or other statutes requiring competitive bidding. (B) Each contract shall be for a term of at least one (1) year but may be made automatically renewable from term to term in the absence of notice of termination by either party; and (11) (A) To obtain quality-of-care information from systems, networks, hospitals, and clinical providers to inform plan option design, plan option management, and consumer decisions. (B) The board shall: (i) Use accepted national standards for assessment of quality-of-care information provided by systems, networks, hospitals, and clinical providers; and (ii) Be empowered to: (a) Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability; (b) Request aggregate performance information for patients; and (c) Publicly report conclusions of quality-of-care assessment. Amended by Act 2022, No. 114,§ 5, eff. 3/1/2022. Amended by Act 2021, No. 1004,§ 13, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6138, eff. 7/1/2019. Amended by Act 2015, No. 1135,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 910,§ 1, eff. 7/22/2015. Amended by Act 2014EX2, No. 6,§ 4, eff. 10/1/2014. Amended by Act 2014EX2, No. 6,§ 3, eff. 10/1/2014. Amended by Act 2014EX2, No. 6,§ 2, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 4, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 3, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 2, eff. 10/1/2014. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, § 4; 1999, No. 1280, § 4; 2003, No. 1446, § 2; 2005, No. 1308, § 1; 2005, No. 1937, § 1; 2007, No. 1009, § 4.

The State Board of Finance has the following powers, functions, and duties:

(1) (A) To explore various cost-containment measures and funding options for plan options offered under the State and Public School Life and Health Insurance Program for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees. (B) The board shall not adopt a health insurance plan option that has no deductible for participants. (C) The board shall recommend that an active employee in a consumer-driven health insurance plan option offered under the program establish a health savings account if the active employee is eligible to establish a health savings account under federal law;

(A) To explore various cost-containment measures and funding options for plan options offered under the State and Public School Life and Health Insurance Program for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees.

(B) The board shall not adopt a health insurance plan option that has no deductible for participants.

(C) The board shall recommend that an active employee in a consumer-driven health insurance plan option offered under the program establish a health savings account if the active employee is eligible to establish a health savings account under federal law;

(2) To promote competition among vendors and create a systematic formula for measuring competitiveness of the plan options offered under the program, quality-of-care delivery, portability, and accessibility to and affordability of health care;

(3) To prepare a comprehensive analysis of the various plan options offered under the program, including cost, quality, and access differentials as well as any other comparisons of the plan options offered under the program;

(4) To undertake studies and to take any appropriate action that the board determines will promote the financial soundness and overall well-being of the program;

(5) To establish and set penalties as allowed under § 21-5-415 ;

(6) (A) To develop, with the assistance of the Office of State Procurement, bid specifications and requests for proposals and to evaluate bids and proposals. (B) The board shall allow the office to execute all other actions relating to the purchasing procedures in contracting for consultants, third-party administrators, providers, or insurance companies on behalf of the program and all plan options offered under the program;

(A) To develop, with the assistance of the Office of State Procurement, bid specifications and requests for proposals and to evaluate bids and proposals.

(B) The board shall allow the office to execute all other actions relating to the purchasing procedures in contracting for consultants, third-party administrators, providers, or insurance companies on behalf of the program and all plan options offered under the program;

(7) To evaluate responses to requests for proposals, select contractors for all services, and approve the award of contracts resulting from bids for the program and all plan options offered under the program;

(8) To perform program and plan option design and summarize plan document approval, including without limitation lifetime limitations, copayments, deductibles, and eligibility rules;

(9) To promote increased access to and participation in the program and the plan options offered under the program by educating state employees, state employee retirees, public school employees, and public school employee retirees about the program and all plan options offered under the program, including the advantages and disadvantages of each available plan option;

(10) (A) To direct the office to contract with qualified vendors, as defined by the board, offering the plan options under the program as prescribed by the board without regard to § 19-11-228 or other statutes requiring competitive bidding. (B) Each contract shall be for a term of at least one (1) year but may be made automatically renewable from term to term in the absence of notice of termination by either party; and

(A) To direct the office to contract with qualified vendors, as defined by the board, offering the plan options under the program as prescribed by the board without regard to § 19-11-228 or other statutes requiring competitive bidding.

(B) Each contract shall be for a term of at least one (1) year but may be made automatically renewable from term to term in the absence of notice of termination by either party; and

(11) (A) To obtain quality-of-care information from systems, networks, hospitals, and clinical providers to inform plan option design, plan option management, and consumer decisions. (B) The board shall: (i) Use accepted national standards for assessment of quality-of-care information provided by systems, networks, hospitals, and clinical providers; and (ii) Be empowered to: (a) Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability; (b) Request aggregate performance information for patients; and (c) Publicly report conclusions of quality-of-care assessment.

(A) To obtain quality-of-care information from systems, networks, hospitals, and clinical providers to inform plan option design, plan option management, and consumer decisions.

(B) The board shall: (i) Use accepted national standards for assessment of quality-of-care information provided by systems, networks, hospitals, and clinical providers; and (ii) Be empowered to: (a) Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability; (b) Request aggregate performance information for patients; and (c) Publicly report conclusions of quality-of-care assessment.

(i) Use accepted national standards for assessment of quality-of-care information provided by systems, networks, hospitals, and clinical providers; and

(ii) Be empowered to: (a) Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability; (b) Request aggregate performance information for patients; and (c) Publicly report conclusions of quality-of-care assessment.

(a) Determine the appropriate use of quality-of-care information and scope of system, network, hospital, and clinical provider accountability;

(b) Request aggregate performance information for patients; and

(c) Publicly report conclusions of quality-of-care assessment.

Amended by Act 2022, No. 114,§ 5, eff. 3/1/2022.

Amended by Act 2021, No. 1004,§ 13, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6138, eff. 7/1/2019.

Amended by Act 2015, No. 1135,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 910,§ 1, eff. 7/22/2015.

Amended by Act 2014EX2, No. 6,§ 4, eff. 10/1/2014.

Amended by Act 2014EX2, No. 6,§ 3, eff. 10/1/2014.

Amended by Act 2014EX2, No. 6,§ 2, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 4, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 3, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 2, eff. 10/1/2014.

Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013.

Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013.

Acts 1995, No. 1206, § 4; 1999, No. 1280, § 4; 2003, No. 1446, § 2; 2005, No. 1308, § 1; 2005, No. 1937, § 1; 2007, No. 1009, § 4.
Ark. Code Ann. § 21-1-901 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Sovereignty Act of 2021". Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021. This subchapter was originally enacted as Chapter 6 of Title 1.

This subchapter shall be known and may be cited as the "Arkansas Sovereignty Act of 2021".

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

This subchapter was originally enacted as Chapter 6 of Title 1.
Ark. Code Ann. § 21-5-606 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-606
Division attorneys
Status: in_force

(a) The Director of the Public Employee Claims Division shall appoint lawyers of recognized ability admitted to practice in all state courts. (b) The lawyers shall be the attorneys for the Public Employees Claims Division and shall represent the public employer before the Workers' Compensation Commission in any claim filed pursuant to this subchapter and shall perform such other duties as the director may designate. (c) The attorneys of any state agency, department, or institution against which a workers' compensation claim is filed by an employee may represent their respective agencies before the commission and in the courts of this state with respect to claims filed under this subchapter against their agencies, departments, or institutions, provided that the representation and defense of the state workers' compensation funds, administered by the division, shall be coordinated with the attorneys for the division and shall be under the supervision of the director. Acts 1979, No. 809, § 7; 1981, No. 929, § 5; A.S.A. 1947, § 12-3607.

(a) The Director of the Public Employee Claims Division shall appoint lawyers of recognized ability admitted to practice in all state courts.

(b) The lawyers shall be the attorneys for the Public Employees Claims Division and shall represent the public employer before the Workers' Compensation Commission in any claim filed pursuant to this subchapter and shall perform such other duties as the director may designate.

(c) The attorneys of any state agency, department, or institution against which a workers' compensation claim is filed by an employee may represent their respective agencies before the commission and in the courts of this state with respect to claims filed under this subchapter against their agencies, departments, or institutions, provided that the representation and defense of the state workers' compensation funds, administered by the division, shall be coordinated with the attorneys for the division and shall be under the supervision of the director.

Acts 1979, No. 809, § 7; 1981, No. 929, § 5; A.S.A. 1947, § 12-3607.
Ark. Code Ann. § 21-4-203 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-203
Definitions
Status: in_force

As used in this subchapter: (1) "Agency head" or "agency director" means the executive head of an agency, department, board, commission, bureau, council, or other entity of the state; (2) "Annual leave" means vacation time with pay but does not include compensatory time; (3) "Catastrophic illness" means a medical condition, as certified by a physician, of an employee, of the spouse or parent of the employee, or of a child of the employee that requires the employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all accrued leave and compensatory time; (4) "Catastrophic leave" means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting all sick and annual leave; (5) "Catastrophic leave bank" means a pool of accrued annual and sick leave donated by employees; (6) "Compensatory time" means time off in lieu of payment for overtime hours; (7) (A) "Critical-need employee" means a person employed by any of the following state agencies in a position or classification that is required to be staffed by the state agency twenty-four (24) hours a day and seven (7) days a week: (i) The Department of Corrections; (ii) The Department of Health; (iii) The Department of Human Services; (iv) The Division of Emergency Management; (v) The Division of Arkansas State Police; (vi) The Department of Veterans Affairs; or (vii) The Department of Agriculture. (B) A state agency shall: (i) Determine each position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week under subdivision (7)(A) of this section and submit the position or classification to the Office of Personnel Management for approval; (ii) Upon the approval of the Office of Personnel Management, notify an employee that he or she is a critical-need employee based upon his or her employment in a position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week; and (iii) Submit annual reports identifying each position or classification that must be staffed twenty-four (24) hours a day and seven (7) days a week to the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee; (8) "Educational leave" means any period of out-service training during which time the employee pursues a regular full-time course of instruction to acquire a specific skill or skills needed; (9) "Employee" means a person regularly appointed or employed in a position of state service by a state agency, as defined in subdivision (12) of this section, for which he or she is compensated on a full-time basis; (10) "Probationary employee" means a person certified from a list of eligibles or employed through a work test appointment and serving a probationary period; (11) "Provisional employee" means a person who has been appointed to fill a position pending the establishment of a register for such a position; (12) "State agencies" means all agencies, departments, boards, commissions, bureaus, councils, state-supported institutions of higher education, or other agencies except the following excluded agencies or positions within agencies: (A) The elected constitutional officers of this state and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members of the Supreme Court, members of the Court of Appeals, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, but not including deputy prosecuting attorneys; (D) The Arkansas Department of Transportation; and (E) All administrative, academic, or other nonclassified employees of the state-supported institutions of higher education; (13) (A) "Working day" means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired. (B) For the purposes of this subchapter, a working day consists of eight (8) hours; and (14) "Years of service" includes the total number of years of employment with all agencies of Arkansas state government whether such employment is continuous or not. Amended by Act 2021, No. 573,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 573,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 378,§ 1, eff. 3/17/2021. Amended by Act 2017, No. 707,§ 67, eff. 8/1/2017. Amended by Act 2017, No. 254,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 182,§ 2, eff. 2/16/2017. Amended by Act 2017, No. 182,§ 1, eff. 2/16/2017. Amended by Act 2015, No. 389,§ 1, eff. 7/22/2015. Added by Act 2013, No. 997,§ 1, eff. 8/16/2013. Acts 1975, No. 567, § 3; 1979, No. 1077, § 1; 1981, No. 695, §§ 1, 2; A.S.A. 1947, § 12-2366; Acts 1991, No. 91, § 1; 1991, No. 169, § 1; 1999, No. 1044, § 6; 1999, No. 1176, § 3; 1999, No. 1438, § 4; 2001, No. 1553, § 33.

As used in this subchapter:

(1) "Agency head" or "agency director" means the executive head of an agency, department, board, commission, bureau, council, or other entity of the state;

(2) "Annual leave" means vacation time with pay but does not include compensatory time;

(3) "Catastrophic illness" means a medical condition, as certified by a physician, of an employee, of the spouse or parent of the employee, or of a child of the employee that requires the employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all accrued leave and compensatory time;

(4) "Catastrophic leave" means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting all sick and annual leave;

(5) "Catastrophic leave bank" means a pool of accrued annual and sick leave donated by employees;

(6) "Compensatory time" means time off in lieu of payment for overtime hours;

(7) (A) "Critical-need employee" means a person employed by any of the following state agencies in a position or classification that is required to be staffed by the state agency twenty-four (24) hours a day and seven (7) days a week: (i) The Department of Corrections; (ii) The Department of Health; (iii) The Department of Human Services; (iv) The Division of Emergency Management; (v) The Division of Arkansas State Police; (vi) The Department of Veterans Affairs; or (vii) The Department of Agriculture. (B) A state agency shall: (i) Determine each position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week under subdivision (7)(A) of this section and submit the position or classification to the Office of Personnel Management for approval; (ii) Upon the approval of the Office of Personnel Management, notify an employee that he or she is a critical-need employee based upon his or her employment in a position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week; and (iii) Submit annual reports identifying each position or classification that must be staffed twenty-four (24) hours a day and seven (7) days a week to the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee;

(A) "Critical-need employee" means a person employed by any of the following state agencies in a position or classification that is required to be staffed by the state agency twenty-four (24) hours a day and seven (7) days a week: (i) The Department of Corrections; (ii) The Department of Health; (iii) The Department of Human Services; (iv) The Division of Emergency Management; (v) The Division of Arkansas State Police; (vi) The Department of Veterans Affairs; or (vii) The Department of Agriculture.

(i) The Department of Corrections;

(ii) The Department of Health;

(iii) The Department of Human Services;

(iv) The Division of Emergency Management;

(v) The Division of Arkansas State Police;

(vi) The Department of Veterans Affairs; or

(vii) The Department of Agriculture.

(B) A state agency shall: (i) Determine each position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week under subdivision (7)(A) of this section and submit the position or classification to the Office of Personnel Management for approval; (ii) Upon the approval of the Office of Personnel Management, notify an employee that he or she is a critical-need employee based upon his or her employment in a position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week; and (iii) Submit annual reports identifying each position or classification that must be staffed twenty-four (24) hours a day and seven (7) days a week to the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee;

(i) Determine each position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week under subdivision (7)(A) of this section and submit the position or classification to the Office of Personnel Management for approval;

(ii) Upon the approval of the Office of Personnel Management, notify an employee that he or she is a critical-need employee based upon his or her employment in a position or classification that is required to be staffed twenty-four (24) hours a day and seven (7) days a week; and

(iii) Submit annual reports identifying each position or classification that must be staffed twenty-four (24) hours a day and seven (7) days a week to the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee;

(8) "Educational leave" means any period of out-service training during which time the employee pursues a regular full-time course of instruction to acquire a specific skill or skills needed;

(9) "Employee" means a person regularly appointed or employed in a position of state service by a state agency, as defined in subdivision (12) of this section, for which he or she is compensated on a full-time basis;

(10) "Probationary employee" means a person certified from a list of eligibles or employed through a work test appointment and serving a probationary period;

(11) "Provisional employee" means a person who has been appointed to fill a position pending the establishment of a register for such a position;

(12) "State agencies" means all agencies, departments, boards, commissions, bureaus, councils, state-supported institutions of higher education, or other agencies except the following excluded agencies or positions within agencies: (A) The elected constitutional officers of this state and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members of the Supreme Court, members of the Court of Appeals, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, but not including deputy prosecuting attorneys; (D) The Arkansas Department of Transportation; and (E) All administrative, academic, or other nonclassified employees of the state-supported institutions of higher education;

(A) The elected constitutional officers of this state and their employees;

(B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;

(C) Members of the Supreme Court, members of the Court of Appeals, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, but not including deputy prosecuting attorneys;

(D) The Arkansas Department of Transportation; and

(E) All administrative, academic, or other nonclassified employees of the state-supported institutions of higher education;

(13) (A) "Working day" means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired. (B) For the purposes of this subchapter, a working day consists of eight (8) hours; and

(A) "Working day" means all regularly prescribed days of employment in which the employee performs those duties for which he or she was hired.

(B) For the purposes of this subchapter, a working day consists of eight (8) hours; and

(14) "Years of service" includes the total number of years of employment with all agencies of Arkansas state government whether such employment is continuous or not.

Amended by Act 2021, No. 573,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 573,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 378,§ 1, eff. 3/17/2021.

Amended by Act 2017, No. 707,§ 67, eff. 8/1/2017.

Amended by Act 2017, No. 254,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 182,§ 2, eff. 2/16/2017.

Amended by Act 2017, No. 182,§ 1, eff. 2/16/2017.

Amended by Act 2015, No. 389,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 997,§ 1, eff. 8/16/2013.

Acts 1975, No. 567, § 3; 1979, No. 1077, § 1; 1981, No. 695, §§ 1, 2; A.S.A. 1947, § 12-2366; Acts 1991, No. 91, § 1; 1991, No. 169, § 1; 1999, No. 1044, § 6; 1999, No. 1176, § 3; 1999, No. 1438, § 4; 2001, No. 1553, § 33.
Ark. Code Ann. § 21-9-304 — AR Code / Title 21 / Chapter 9 / Subchapter 3 / Section 21-9-304
Indemnification by state for certain actions
Status: in_force

(a) When any city of the first class, city of the second class, incorporated town, county, and its employees are called upon to assist the state and its employees and as a result are sued for their actions performed under the direct supervision of a state official or employee, the Attorney General shall defend the city of the first class, city of the second class, incorporated town, county, and its employees. (b) Should a judgment be rendered against the city of the first class, city of the second class, incorporated town, county, or its employees, the state shall pay actual, but not punitive, damages adjudged by a state or federal court, or entered by the court as a result of a compromise settlement approved and recommended by the Attorney General, based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his or her employment and in performance of his or her official duties. (c) (1) When cities of the first class, cities of the second class, incorporated towns, counties, and their employees are covered by any contract of insurance providing for legal defense, the cities of the first class, cities of the second class, incorporated towns, counties, their employees, and their insurers are not entitled to legal defense by the Attorney General. (2) Any judgment rendered against the cities of the first class, cities of the second class, incorporated towns, counties, their employees, or their insurers shall be paid by the state only to the extent that the judgment amount exceeds the limits of liability established in the contract of insurance. Amended by Act 2021, No. 613,§ 1, eff. 7/28/2021. Acts 1983, No. 711, § 1; A.S.A. 1947, § 12-3407; Acts 1987, No. 820, § 1.

(a) When any city of the first class, city of the second class, incorporated town, county, and its employees are called upon to assist the state and its employees and as a result are sued for their actions performed under the direct supervision of a state official or employee, the Attorney General shall defend the city of the first class, city of the second class, incorporated town, county, and its employees.

(b) Should a judgment be rendered against the city of the first class, city of the second class, incorporated town, county, or its employees, the state shall pay actual, but not punitive, damages adjudged by a state or federal court, or entered by the court as a result of a compromise settlement approved and recommended by the Attorney General, based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his or her employment and in performance of his or her official duties.

(c) (1) When cities of the first class, cities of the second class, incorporated towns, counties, and their employees are covered by any contract of insurance providing for legal defense, the cities of the first class, cities of the second class, incorporated towns, counties, their employees, and their insurers are not entitled to legal defense by the Attorney General. (2) Any judgment rendered against the cities of the first class, cities of the second class, incorporated towns, counties, their employees, or their insurers shall be paid by the state only to the extent that the judgment amount exceeds the limits of liability established in the contract of insurance.

(1) When cities of the first class, cities of the second class, incorporated towns, counties, and their employees are covered by any contract of insurance providing for legal defense, the cities of the first class, cities of the second class, incorporated towns, counties, their employees, and their insurers are not entitled to legal defense by the Attorney General.

(2) Any judgment rendered against the cities of the first class, cities of the second class, incorporated towns, counties, their employees, or their insurers shall be paid by the state only to the extent that the judgment amount exceeds the limits of liability established in the contract of insurance.

Amended by Act 2021, No. 613,§ 1, eff. 7/28/2021.

Acts 1983, No. 711, § 1; A.S.A. 1947, § 12-3407; Acts 1987, No. 820, § 1.
Ark. Code Ann. § 21-4-404 — AR Code / Title 21 / Chapter 4 / Subchapter 4 / Section 21-4-404
Payment for unused annual leave and holidays
Status: in_force

When a person dies while actively employed by any agency of the State of Arkansas, the deceased's estate or the person entitled to receive payment shall receive payment from the state agency for all unused annual leave and holidays which had accrued to the deceased at the time of death, except that the total shall not exceed sixty (60) days. Acts 1991, No. 692, § 1.

When a person dies while actively employed by any agency of the State of Arkansas, the deceased's estate or the person entitled to receive payment shall receive payment from the state agency for all unused annual leave and holidays which had accrued to the deceased at the time of death, except that the total shall not exceed sixty (60) days.

Acts 1991, No. 692, § 1.
Ark. Code Ann. § 21-6-401 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-401
Clerk of the Supreme Court
Status: in_force

(a) (1) The Clerk of the Supreme Court shall be allowed and paid by the appellant or petitioner, in advance, in all civil actions and misdemeanors filed in either the Supreme Court or the Court of Appeals a fee of one hundred fifty dollars ($150). (2) (A) The Clerk of the Supreme Court shall be allowed a fee of one hundred fifty dollars ($150) for a certified question from a federal court. (B) The fee shall be prorated among the parties filing briefs and paid by each party at the time the brief is filed except that if the Attorney General is requested to file a brief, he or she shall not be required to pay any portion of the fee. (3) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for rehearing of a decision of the Court of Appeals or the Supreme Court a fee of twenty-five dollars ($25.00). (4) If the judgment of the Supreme Court or the Court of Appeals is in favor of the appellant or petitioner, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the appellant or petitioner. (b) (1) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for review of a decision of the Court of Appeals filed in the Supreme Court a fee of twenty-five dollars ($25.00). (2) If the decision of the Court of Appeals is reversed by the Supreme Court, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the petitioner. (c) The Clerk of the Supreme Court shall also be allowed: (1) For each certificate and seal ............... $ 1.00 (2) For acknowledging each deed ............... .50 (3) For copies of papers and records per page ............... .50 (4) For other services, the same fees allowed clerks of the circuit court. (d) The Supreme Court may implement a case management system for the courts of the state that may include electronic filing and public online access to court decisions and other court records, and the Supreme Court by court rule may establish a reasonable fee for access and related use. (e) All of the collected fees provided in subdivisions (a)(1) and (a)(4) of this section and subsections (b) and (c) of this section shall be deposited into a bank to the account of the Supreme Court Library Fund, to be used by the Supreme Court for the maintenance and improvement of the Supreme Court Library. (f) All of the collected fees provided in subdivisions (a)(2) and (3) of this section and subsection (d) of this section shall be remitted by the Clerk of the Supreme Court on or before the fifteenth day of each month to the Administration of Justice Funds Section on a form provided by the Office of Administrative Services for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . Acts 1851, § 7, p. 89; 1895, No. 145, § 7, p. 213; C. & M. Dig., §§ 2141, 4572, 9776f; Pope's Dig., §§ 2747, 5656, 13315; Acts 1961, No. 132, § 1; 1961, No. 133, § 1; 1981, No. 601, §§ 1, 2; A.S.A. 1947, §§ 12-1709 -- 12-1709.2, 22-238; Acts 1993, No. 822, § 1; 2005, No. 1934, § 13; 2007, No. 378, § 1; 2009, No. 328, § 5; 2009, No. 633, § 20.

(a) (1) The Clerk of the Supreme Court shall be allowed and paid by the appellant or petitioner, in advance, in all civil actions and misdemeanors filed in either the Supreme Court or the Court of Appeals a fee of one hundred fifty dollars ($150). (2) (A) The Clerk of the Supreme Court shall be allowed a fee of one hundred fifty dollars ($150) for a certified question from a federal court. (B) The fee shall be prorated among the parties filing briefs and paid by each party at the time the brief is filed except that if the Attorney General is requested to file a brief, he or she shall not be required to pay any portion of the fee. (3) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for rehearing of a decision of the Court of Appeals or the Supreme Court a fee of twenty-five dollars ($25.00). (4) If the judgment of the Supreme Court or the Court of Appeals is in favor of the appellant or petitioner, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the appellant or petitioner.

(1) The Clerk of the Supreme Court shall be allowed and paid by the appellant or petitioner, in advance, in all civil actions and misdemeanors filed in either the Supreme Court or the Court of Appeals a fee of one hundred fifty dollars ($150).

(2) (A) The Clerk of the Supreme Court shall be allowed a fee of one hundred fifty dollars ($150) for a certified question from a federal court. (B) The fee shall be prorated among the parties filing briefs and paid by each party at the time the brief is filed except that if the Attorney General is requested to file a brief, he or she shall not be required to pay any portion of the fee.

(A) The Clerk of the Supreme Court shall be allowed a fee of one hundred fifty dollars ($150) for a certified question from a federal court.

(B) The fee shall be prorated among the parties filing briefs and paid by each party at the time the brief is filed except that if the Attorney General is requested to file a brief, he or she shall not be required to pay any portion of the fee.

(3) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for rehearing of a decision of the Court of Appeals or the Supreme Court a fee of twenty-five dollars ($25.00).

(4) If the judgment of the Supreme Court or the Court of Appeals is in favor of the appellant or petitioner, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the appellant or petitioner.

(b) (1) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for review of a decision of the Court of Appeals filed in the Supreme Court a fee of twenty-five dollars ($25.00). (2) If the decision of the Court of Appeals is reversed by the Supreme Court, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the petitioner.

(1) The Clerk of the Supreme Court shall be allowed and paid by the petitioner, in advance, for each petition for review of a decision of the Court of Appeals filed in the Supreme Court a fee of twenty-five dollars ($25.00).

(2) If the decision of the Court of Appeals is reversed by the Supreme Court, the Clerk of the Supreme Court shall tax the fee provided in this subsection in favor of the petitioner.

(c) The Clerk of the Supreme Court shall also be allowed: (1) For each certificate and seal ............... $ 1.00 (2) For acknowledging each deed ............... .50 (3) For copies of papers and records per page ............... .50 (4) For other services, the same fees allowed clerks of the circuit court.

(1) For each certificate and seal ............... $ 1.00

(2) For acknowledging each deed ............... .50

(3) For copies of papers and records per page ............... .50

(4) For other services, the same fees allowed clerks of the circuit court.

(d) The Supreme Court may implement a case management system for the courts of the state that may include electronic filing and public online access to court decisions and other court records, and the Supreme Court by court rule may establish a reasonable fee for access and related use.

(e) All of the collected fees provided in subdivisions (a)(1) and (a)(4) of this section and subsections (b) and (c) of this section shall be deposited into a bank to the account of the Supreme Court Library Fund, to be used by the Supreme Court for the maintenance and improvement of the Supreme Court Library.

(f) All of the collected fees provided in subdivisions (a)(2) and (3) of this section and subsection (d) of this section shall be remitted by the Clerk of the Supreme Court on or before the fifteenth day of each month to the Administration of Justice Funds Section on a form provided by the Office of Administrative Services for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 .

Acts 1851, § 7, p. 89; 1895, No. 145, § 7, p. 213; C. & M. Dig., §§ 2141, 4572, 9776f; Pope's Dig., §§ 2747, 5656, 13315; Acts 1961, No. 132, § 1; 1961, No. 133, § 1; 1981, No. 601, §§ 1, 2; A.S.A. 1947, §§ 12-1709 -- 12-1709.2, 22-238; Acts 1993, No. 822, § 1; 2005, No. 1934, § 13; 2007, No. 378, § 1; 2009, No. 328, § 5; 2009, No. 633, § 20.
Ark. Code Ann. § 21-14-108 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-108
Expiration date of commission
Status: in_force

(a) (1) Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire. (2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section. (b) No notary public shall perform any official act after the expiration of his or her commission as evidenced by his or her certificate. (c) Sixty (60) calendar days prior to the expiration of a notary public's commission, he or she shall submit to the Secretary of State a new application along with the fee of twenty dollars ($20.00) for the renewal of the commission. (d) Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or if the notary public is a resident of an adjoining state, in the office of the recorder of deeds for the county in Arkansas where employed, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. Amended by Act 2015, No. 570,§ 2, eff. 7/22/2015. Acts 1891, No. 35, §§ 1, 2, p. 57; C. & M. Dig., §§ 7971, 7972; Pope's Dig., §§ 10364, 10365; A.S.A. 1947, §§ 12-1406, 12-1407; Acts 2001, No. 1274, § 5; 2005, No. 2274, § 2.

(a) (1) Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire. (2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section.

(1) Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire.

(2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section.

(b) No notary public shall perform any official act after the expiration of his or her commission as evidenced by his or her certificate.

(c) Sixty (60) calendar days prior to the expiration of a notary public's commission, he or she shall submit to the Secretary of State a new application along with the fee of twenty dollars ($20.00) for the renewal of the commission.

(d) Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or if the notary public is a resident of an adjoining state, in the office of the recorder of deeds for the county in Arkansas where employed, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(1) A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or

(2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section;

(B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and

(C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

Amended by Act 2015, No. 570,§ 2, eff. 7/22/2015.

Acts 1891, No. 35, §§ 1, 2, p. 57; C. & M. Dig., §§ 7971, 7972; Pope's Dig., §§ 10364, 10365; A.S.A. 1947, §§ 12-1406, 12-1407; Acts 2001, No. 1274, § 5; 2005, No. 2274, § 2.
Ark. Code Ann. § 21-1-605 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-605
Remedies
Status: in_force

(a) A court in rendering judgment under this subchapter may order any or all of the following remedies: (1) An injunction to restrain continued violation of the provisions of this subchapter; (2) The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position; (3) The reinstatement of full fringe benefits and retirement service credit; (4) The compensation for lost wages, benefits, and any other remuneration; or (5) The payment by the public employer of reasonable court costs and attorney's fees. (b) (1) A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter. (2) If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603 , the court shall order that the public employee be: (A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or (B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter. Amended by Act 2017, No. 791,§ 1, eff. 8/1/2017. Acts 1999, No. 1523, § 5.

(a) A court in rendering judgment under this subchapter may order any or all of the following remedies: (1) An injunction to restrain continued violation of the provisions of this subchapter; (2) The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position; (3) The reinstatement of full fringe benefits and retirement service credit; (4) The compensation for lost wages, benefits, and any other remuneration; or (5) The payment by the public employer of reasonable court costs and attorney's fees.

(1) An injunction to restrain continued violation of the provisions of this subchapter;

(2) The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;

(3) The reinstatement of full fringe benefits and retirement service credit;

(4) The compensation for lost wages, benefits, and any other remuneration; or

(5) The payment by the public employer of reasonable court costs and attorney's fees.

(b) (1) A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter. (2) If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603 , the court shall order that the public employee be: (A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or (B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.

(1) A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter.

(2) If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603 , the court shall order that the public employee be: (A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or (B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.

(A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or

(B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.

Amended by Act 2017, No. 791,§ 1, eff. 8/1/2017.

Acts 1999, No. 1523, § 5.
Ark. Code Ann. § 21-15-102 — AR Code / Title 21 / Chapter 15 / Section 21-15-102
Positions involving direct contact with children and with mentally ill and developmentally disabled persons
Status: in_force

(a) (1) (A) When a person applies for employment with a state agency in a designated position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency as part of the application process. (B) If the state agency intends to make an offer of employment to the applicant, the state agency within five (5) days of the decision shall: (i) (a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history. (b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and (ii) (a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check. (b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant. (c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse. (2) If no criminal history or central registry records regarding the applicant are found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (3) (A) If a criminal history record regarding the applicant is found in the bureau's database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check. (4) If an applicant has been named as an offender or perpetrator in a true, substantiated, or founded report from the Child Maltreatment Central Registry or the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, the applicant shall be immediately disqualified. (b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) (A) If the state agency can verify that the applicant has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old. (c) (1) Upon completion of a criminal history check on an applicant, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant. (d) When a national criminal history check is required under this section, the criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints. (e) Before making a temporary or permanent offer of employment in a designated position, a state agency shall inform applicants that: (1) Continued employment is contingent upon the results of a criminal history check and a central registry check; and (2) The applicant has the right to obtain a copy of his or her: (A) Criminal history report from the bureau; and (B) Central registry report from the registries. (f) Except as provided in subdivision (g)(2) of this section, no person shall be eligible for employment with a state agency in a designated position if that person has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court unless the conviction was vacated or reversed: (1) Capital murder, as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter, as prohibited in § 5-10-104 ; (4) Negligent homicide, as prohibited in § 5-10-105 ; (5) Kidnapping, as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree, as prohibited in § 5-11-103 ; (7) Permanent detention or restraint, as prohibited in § 5-11-106 ; (8) Robbery, as prohibited in § 5-12-102 ; (9) Aggravated robbery, as prohibited in § 5-12-103 ; (10) Battery in the first degree, as prohibited in § 5-13-201 ; (11) Aggravated assault, as prohibited in § 5-13-204 ; (12) Introduction of controlled substance into body of another person, as prohibited in § 5-13-210 ; (13) Terroristic threatening in the first degree, as prohibited in § 5-13-301 ; (14) Rape, as prohibited in § 5-14-103 ; (15) Sexual indecency with a child, as prohibited in § 5-14-110 , if the offense is a felony; (16) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 - 5-14-127 ; (17) Incest, as prohibited in § 5-26-202 ; (18) Offenses against the family, as prohibited in §§ 5-26-303 - 5-26-306 ; (19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205 ; (21) Permitting abuse of a minor, as prohibited in § 5-27-221 ; (22) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, pandering, or possessing visual or print medium depicting sexually explicit conduct involving a child, or the use of a child or consent to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (23) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (24) Theft of property, as prohibited in § 5-36-103 ; (25) Theft by receiving, as prohibited in § 5-36-106 ; (26) Arson, as prohibited in § 5-38-301 ; (27) Burglary, as prohibited in § 5-39-201 ; (28) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 - 5-64-442 ; (29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104 ; (30) Stalking, as prohibited in § 5-71-229 ; (31) Possession or use of child sexual abuse material, as prohibited in § 5-27-603 ; (32) Computer exploitation of a child in the first degree, as prohibited in § 5-27-605 ; (33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (34) Theft of public benefits, as prohibited in § 5-36-202 ; (35) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (36) Sexual extortion, § 5-14-113 . (g) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (f) of this section shall not be considered a conviction or a plea of guilty or nolo contendere to the offense unless the offense is also listed in subdivision (g)(2) of this section. (2) Because of the serious nature of the following offenses and the close relationship between the following offenses and the type of work that is to be performed by the applicant, a conviction of one (1) or more of the following offenses by an applicant shall result in permanent disqualification from employment in a designated position: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree and murder in the second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (C) Kidnapping, as prohibited in § 5-11-102 ; (D) Rape, as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree and second degree, as prohibited in §§ 5-14-124 and 5-14-125 ; (F) Endangering the welfare of a minor in the first degree and endangering the welfare of a minor in the second degree, as prohibited in §§ 5-27-205 and 5-27-206 ; (G) Incest, as prohibited in § 5-26-202 ; (H) Arson, as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (L) Sexual extortion, § 5-14-113 . Amended by Act 2023, No. 619,§ 27, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 13, eff. 8/1/2023. Amended by Act 2017, No. 664,§ 21, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 22, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 28, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 27, eff. 8/1/2017. Amended by Act 2013, No. 993,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 993,§ 1, eff. 8/16/2013. Acts 1997, No. 1019, § 2; 1999, No. 1409, § 10; 2001, No. 995, § 2; 2001, No. 1553, § 34; 2003, No. 1087, § 22; 2003, No. 1380, § 1; 2003, No. 1473, § 48; 2005, No. 1422, § 1; 2007, No. 991, § 2; 2011, No. 570, § 126.

(a) (1) (A) When a person applies for employment with a state agency in a designated position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency as part of the application process. (B) If the state agency intends to make an offer of employment to the applicant, the state agency within five (5) days of the decision shall: (i) (a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history. (b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and (ii) (a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check. (b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant. (c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse. (2) If no criminal history or central registry records regarding the applicant are found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (3) (A) If a criminal history record regarding the applicant is found in the bureau's database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check. (4) If an applicant has been named as an offender or perpetrator in a true, substantiated, or founded report from the Child Maltreatment Central Registry or the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, the applicant shall be immediately disqualified.

(1) (A) When a person applies for employment with a state agency in a designated position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency as part of the application process. (B) If the state agency intends to make an offer of employment to the applicant, the state agency within five (5) days of the decision shall: (i) (a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history. (b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and (ii) (a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check. (b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant. (c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse.

(A) When a person applies for employment with a state agency in a designated position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency as part of the application process.

(B) If the state agency intends to make an offer of employment to the applicant, the state agency within five (5) days of the decision shall: (i) (a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history. (b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and (ii) (a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check. (b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant. (c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse.

(i) (a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history. (b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and

(a) Use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the bureau's database of criminal history.

(b) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history records on the applicant; and

(ii) (a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check. (b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant. (c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse.

(a) Forward the central registry check form to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a central registry check.

(b) The state agency shall pay any fee associated with the central registry check on behalf of the applicant.

(c) Within seven (7) days of the receipt of a request for a central registry check, the central registry shall notify the state agency if the database contains any information naming the applicant as an offender or perpetrator of child or adult abuse.

(2) If no criminal history or central registry records regarding the applicant are found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.

(3) (A) If a criminal history record regarding the applicant is found in the bureau's database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check.

(A) If a criminal history record regarding the applicant is found in the bureau's database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section.

(B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check.

(4) If an applicant has been named as an offender or perpetrator in a true, substantiated, or founded report from the Child Maltreatment Central Registry or the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, the applicant shall be immediately disqualified.

(b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) (A) If the state agency can verify that the applicant has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.

(1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency.

(2) (A) If the state agency can verify that the applicant has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.

(A) If the state agency can verify that the applicant has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant.

(B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.

(c) (1) Upon completion of a criminal history check on an applicant, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant.

(1) Upon completion of a criminal history check on an applicant, the bureau shall issue a report to the state agency.

(2) (A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant.

(A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section.

(B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant.

(d) When a national criminal history check is required under this section, the criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints.

(e) Before making a temporary or permanent offer of employment in a designated position, a state agency shall inform applicants that: (1) Continued employment is contingent upon the results of a criminal history check and a central registry check; and (2) The applicant has the right to obtain a copy of his or her: (A) Criminal history report from the bureau; and (B) Central registry report from the registries.

(1) Continued employment is contingent upon the results of a criminal history check and a central registry check; and

(2) The applicant has the right to obtain a copy of his or her: (A) Criminal history report from the bureau; and (B) Central registry report from the registries.

(A) Criminal history report from the bureau; and

(B) Central registry report from the registries.

(f) Except as provided in subdivision (g)(2) of this section, no person shall be eligible for employment with a state agency in a designated position if that person has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court unless the conviction was vacated or reversed: (1) Capital murder, as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter, as prohibited in § 5-10-104 ; (4) Negligent homicide, as prohibited in § 5-10-105 ; (5) Kidnapping, as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree, as prohibited in § 5-11-103 ; (7) Permanent detention or restraint, as prohibited in § 5-11-106 ; (8) Robbery, as prohibited in § 5-12-102 ; (9) Aggravated robbery, as prohibited in § 5-12-103 ; (10) Battery in the first degree, as prohibited in § 5-13-201 ; (11) Aggravated assault, as prohibited in § 5-13-204 ; (12) Introduction of controlled substance into body of another person, as prohibited in § 5-13-210 ; (13) Terroristic threatening in the first degree, as prohibited in § 5-13-301 ; (14) Rape, as prohibited in § 5-14-103 ; (15) Sexual indecency with a child, as prohibited in § 5-14-110 , if the offense is a felony; (16) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 - 5-14-127 ; (17) Incest, as prohibited in § 5-26-202 ; (18) Offenses against the family, as prohibited in §§ 5-26-303 - 5-26-306 ; (19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205 ; (21) Permitting abuse of a minor, as prohibited in § 5-27-221 ; (22) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, pandering, or possessing visual or print medium depicting sexually explicit conduct involving a child, or the use of a child or consent to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (23) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (24) Theft of property, as prohibited in § 5-36-103 ; (25) Theft by receiving, as prohibited in § 5-36-106 ; (26) Arson, as prohibited in § 5-38-301 ; (27) Burglary, as prohibited in § 5-39-201 ; (28) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 - 5-64-442 ; (29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104 ; (30) Stalking, as prohibited in § 5-71-229 ; (31) Possession or use of child sexual abuse material, as prohibited in § 5-27-603 ; (32) Computer exploitation of a child in the first degree, as prohibited in § 5-27-605 ; (33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (34) Theft of public benefits, as prohibited in § 5-36-202 ; (35) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (36) Sexual extortion, § 5-14-113 .

(1) Capital murder, as prohibited in § 5-10-101 ;

(2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103 ;

(3) Manslaughter, as prohibited in § 5-10-104 ;

(4) Negligent homicide, as prohibited in § 5-10-105 ;

(5) Kidnapping, as prohibited in § 5-11-102 ;

(6) False imprisonment in the first degree, as prohibited in § 5-11-103 ;

(7) Permanent detention or restraint, as prohibited in § 5-11-106 ;

(8) Robbery, as prohibited in § 5-12-102 ;

(9) Aggravated robbery, as prohibited in § 5-12-103 ;

(10) Battery in the first degree, as prohibited in § 5-13-201 ;

(11) Aggravated assault, as prohibited in § 5-13-204 ;

(12) Introduction of controlled substance into body of another person, as prohibited in § 5-13-210 ;

(13) Terroristic threatening in the first degree, as prohibited in § 5-13-301 ;

(14) Rape, as prohibited in § 5-14-103 ;

(15) Sexual indecency with a child, as prohibited in § 5-14-110 , if the offense is a felony;

(16) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 - 5-14-127 ;

(17) Incest, as prohibited in § 5-26-202 ;

(18) Offenses against the family, as prohibited in §§ 5-26-303 - 5-26-306 ;

(19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ;

(20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205 ;

(21) Permitting abuse of a minor, as prohibited in § 5-27-221 ;

(22) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, pandering, or possessing visual or print medium depicting sexually explicit conduct involving a child, or the use of a child or consent to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ;

(23) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ;

(24) Theft of property, as prohibited in § 5-36-103 ;

(25) Theft by receiving, as prohibited in § 5-36-106 ;

(26) Arson, as prohibited in § 5-38-301 ;

(27) Burglary, as prohibited in § 5-39-201 ;

(28) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 - 5-64-442 ;

(29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104 ;

(30) Stalking, as prohibited in § 5-71-229 ;

(31) Possession or use of child sexual abuse material, as prohibited in § 5-27-603 ;

(32) Computer exploitation of a child in the first degree, as prohibited in § 5-27-605 ;

(33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection;

(34) Theft of public benefits, as prohibited in § 5-36-202 ;

(35) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or

(36) Sexual extortion, § 5-14-113 .

(g) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (f) of this section shall not be considered a conviction or a plea of guilty or nolo contendere to the offense unless the offense is also listed in subdivision (g)(2) of this section. (2) Because of the serious nature of the following offenses and the close relationship between the following offenses and the type of work that is to be performed by the applicant, a conviction of one (1) or more of the following offenses by an applicant shall result in permanent disqualification from employment in a designated position: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree and murder in the second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (C) Kidnapping, as prohibited in § 5-11-102 ; (D) Rape, as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree and second degree, as prohibited in §§ 5-14-124 and 5-14-125 ; (F) Endangering the welfare of a minor in the first degree and endangering the welfare of a minor in the second degree, as prohibited in §§ 5-27-205 and 5-27-206 ; (G) Incest, as prohibited in § 5-26-202 ; (H) Arson, as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (L) Sexual extortion, § 5-14-113 .

(1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (f) of this section shall not be considered a conviction or a plea of guilty or nolo contendere to the offense unless the offense is also listed in subdivision (g)(2) of this section.

(2) Because of the serious nature of the following offenses and the close relationship between the following offenses and the type of work that is to be performed by the applicant, a conviction of one (1) or more of the following offenses by an applicant shall result in permanent disqualification from employment in a designated position: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree and murder in the second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (C) Kidnapping, as prohibited in § 5-11-102 ; (D) Rape, as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree and second degree, as prohibited in §§ 5-14-124 and 5-14-125 ; (F) Endangering the welfare of a minor in the first degree and endangering the welfare of a minor in the second degree, as prohibited in §§ 5-27-205 and 5-27-206 ; (G) Incest, as prohibited in § 5-26-202 ; (H) Arson, as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (L) Sexual extortion, § 5-14-113 .

(A) Capital murder, as prohibited in § 5-10-101 ;

(B) Murder in the first degree and murder in the second degree, as prohibited in §§ 5-10-102 and 5-10-103 ;

(C) Kidnapping, as prohibited in § 5-11-102 ;

(D) Rape, as prohibited in § 5-14-103 ;

(E) Sexual assault in the first degree and second degree, as prohibited in §§ 5-14-124 and 5-14-125 ;

(F) Endangering the welfare of a minor in the first degree and endangering the welfare of a minor in the second degree, as prohibited in §§ 5-27-205 and 5-27-206 ;

(G) Incest, as prohibited in § 5-26-202 ;

(H) Arson, as prohibited in § 5-38-301 ;

(I) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ;

(J) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ;

(K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or

(L) Sexual extortion, § 5-14-113 .

Amended by Act 2023, No. 619,§ 27, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 13, eff. 8/1/2023.

Amended by Act 2017, No. 664,§ 21, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 22, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 28, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 27, eff. 8/1/2017.

Amended by Act 2013, No. 993,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 993,§ 1, eff. 8/16/2013.

Acts 1997, No. 1019, § 2; 1999, No. 1409, § 10; 2001, No. 995, § 2; 2001, No. 1553, § 34; 2003, No. 1087, § 22; 2003, No. 1380, § 1; 2003, No. 1473, § 48; 2005, No. 1422, § 1; 2007, No. 991, § 2; 2011, No. 570, § 126.
Ark. Code Ann. § 21-5-211 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-211
Implementation procedure for grade changes
Status: in_force

(a) The Office of Personnel Management has administrative responsibility for enforcing compliance by state agencies affected by this subchapter in implementing classification and grade changes. (b) (1) If the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds. (2) However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State and the secretary. (3) Any salary adjustments made by the Chief Fiscal Officer of the State and the secretary in accordance with this subsection shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (c) All percentage calculations stipulated in this subchapter or any other law affecting salaries of state employees may be rounded to the nearest even-dollar amount by the Office of Personnel Management when making the percentage changes to state employee salaries. Amended by Act 2022, No. 209,§ 15, eff. 7/1/2022. Amended by Act 2019, No. 981,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6126, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6125, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 16, eff. 7/1/2017. Amended by Act 2015, No. 1007,§ 5, eff. 7/1/2015. Amended by Act 2015, No. 1007,§ 4, eff. 7/1/2015. Amended by Act 2015, No. 1007,§ 3, eff. 7/1/2015. Amended by Act 2014, No. 285,§ 81, eff. 7/1/2014. Amended by Act 2013, No. 1321,§ 2, eff. 7/1/2013. Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1974 (1st Ex. Sess.), No. 39, §§ 3, 4; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 10; 1991, No. 1148, §§ 5, 6; 1993, No. 770, §§ 2-4; 1995, No. 992, §§ 2, 3; 1997, No. 532, § 2; 1997, No. 899, § 10; 1999, No. 1019, § 3; 2001, No. 1461, § 5; 2003 (1st Ex. Sess.), No. 22, § 2; 2005, No. 2198, § 2; 2007, No. 375, § 2; 2009, No. 688, § 9; 2011, No. 1017, § 3.

(a) The Office of Personnel Management has administrative responsibility for enforcing compliance by state agencies affected by this subchapter in implementing classification and grade changes.

(b) (1) If the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds. (2) However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State and the secretary. (3) Any salary adjustments made by the Chief Fiscal Officer of the State and the secretary in accordance with this subsection shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) If the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds.

(2) However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State and the secretary.

(3) Any salary adjustments made by the Chief Fiscal Officer of the State and the secretary in accordance with this subsection shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(c) All percentage calculations stipulated in this subchapter or any other law affecting salaries of state employees may be rounded to the nearest even-dollar amount by the Office of Personnel Management when making the percentage changes to state employee salaries.

Amended by Act 2022, No. 209,§ 15, eff. 7/1/2022.

Amended by Act 2019, No. 981,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6126, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6125, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 16, eff. 7/1/2017.

Amended by Act 2015, No. 1007,§ 5, eff. 7/1/2015.

Amended by Act 2015, No. 1007,§ 4, eff. 7/1/2015.

Amended by Act 2015, No. 1007,§ 3, eff. 7/1/2015.

Amended by Act 2014, No. 285,§ 81, eff. 7/1/2014.

Amended by Act 2013, No. 1321,§ 2, eff. 7/1/2013.

Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1974 (1st Ex. Sess.), No. 39, §§ 3, 4; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 10; 1991, No. 1148, §§ 5, 6; 1993, No. 770, §§ 2-4; 1995, No. 992, §§ 2, 3; 1997, No. 532, § 2; 1997, No. 899, § 10; 1999, No. 1019, § 3; 2001, No. 1461, § 5; 2003 (1st Ex. Sess.), No. 22, § 2; 2005, No. 2198, § 2; 2007, No. 375, § 2; 2009, No. 688, § 9; 2011, No. 1017, § 3.
Ark. Code Ann. § 21-5-109 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-109
New employees - Electronic direct deposit - Definition
Status: in_force

(a) (1) (A) As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005, shall be required to accept payment of salary or wages by electronic warrants transfer. (B) The electronic warrants transfer shall be made in the form of a direct deposit of funds to the account of the beneficiary of the payment in any financial institution equipped for electronic fund transfers, provided that the financial institution is designated in writing by the beneficiary and has lawful authority to accept such deposits. (2) (A) (i) Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement. (ii) The Secretary of the Department of Transformation and Shared Services may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis. (B) The secretary shall establish the standards and procedures for granting an exemption from the direct deposit requirement set forth in subdivision (a)(1) of this section. (3) The direct deposit requirement set forth in subdivision (a)(1) of this section shall not apply to a person who is in the employment of the state prior to August 12, 2005, and subsequently receives a promotion appointment, transfer, or other change in position within the same personnel system on or after August 12, 2005. (b) (1) As used in subdivision (a)(1) of this section, "agency" means all state agencies, boards, commissions, bureaus, councils, or programs except: (A) The elected constitutional officers of the State of Arkansas and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members and employees of the Supreme Court, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, not including deputy prosecuting attorneys; (D) The Arkansas State Game and Fish Commission; (E) The Arkansas Department of Transportation; and (F) All administrative, academic, classified, and nonclassified employees of the state-supported institutions of higher education. (2) Any agency, board, commission, bureau, council, or program exempted under this subsection from the direct deposit requirement set forth in subdivision (a)(1) of this section may elect to enter the electronic warrants transfer system on a voluntary basis. (c) The secretary may establish any special account necessary to facilitate direct deposit of employee salaries or wages. Amended by Act 2017, No. 707,§ 71, eff. 8/1/2017. Acts 2005, No. 1887, § 1; Acts 2007, No. 827, § 174.

(a) (1) (A) As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005, shall be required to accept payment of salary or wages by electronic warrants transfer. (B) The electronic warrants transfer shall be made in the form of a direct deposit of funds to the account of the beneficiary of the payment in any financial institution equipped for electronic fund transfers, provided that the financial institution is designated in writing by the beneficiary and has lawful authority to accept such deposits. (2) (A) (i) Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement. (ii) The Secretary of the Department of Transformation and Shared Services may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis. (B) The secretary shall establish the standards and procedures for granting an exemption from the direct deposit requirement set forth in subdivision (a)(1) of this section. (3) The direct deposit requirement set forth in subdivision (a)(1) of this section shall not apply to a person who is in the employment of the state prior to August 12, 2005, and subsequently receives a promotion appointment, transfer, or other change in position within the same personnel system on or after August 12, 2005.

(1) (A) As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005, shall be required to accept payment of salary or wages by electronic warrants transfer. (B) The electronic warrants transfer shall be made in the form of a direct deposit of funds to the account of the beneficiary of the payment in any financial institution equipped for electronic fund transfers, provided that the financial institution is designated in writing by the beneficiary and has lawful authority to accept such deposits.

(A) As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005, shall be required to accept payment of salary or wages by electronic warrants transfer.

(B) The electronic warrants transfer shall be made in the form of a direct deposit of funds to the account of the beneficiary of the payment in any financial institution equipped for electronic fund transfers, provided that the financial institution is designated in writing by the beneficiary and has lawful authority to accept such deposits.

(2) (A) (i) Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement. (ii) The Secretary of the Department of Transformation and Shared Services may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis. (B) The secretary shall establish the standards and procedures for granting an exemption from the direct deposit requirement set forth in subdivision (a)(1) of this section.

(A) (i) Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement. (ii) The Secretary of the Department of Transformation and Shared Services may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis.

(i) Any person affected by the direct deposit requirement set forth in subdivision (a)(1) of this section may request an exemption from the requirement.

(ii) The Secretary of the Department of Transformation and Shared Services may grant an exemption from the direct deposit requirement upon a showing of hardship to the person requesting the exemption or upon any other reasonable basis.

(B) The secretary shall establish the standards and procedures for granting an exemption from the direct deposit requirement set forth in subdivision (a)(1) of this section.

(3) The direct deposit requirement set forth in subdivision (a)(1) of this section shall not apply to a person who is in the employment of the state prior to August 12, 2005, and subsequently receives a promotion appointment, transfer, or other change in position within the same personnel system on or after August 12, 2005.

(b) (1) As used in subdivision (a)(1) of this section, "agency" means all state agencies, boards, commissions, bureaus, councils, or programs except: (A) The elected constitutional officers of the State of Arkansas and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members and employees of the Supreme Court, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, not including deputy prosecuting attorneys; (D) The Arkansas State Game and Fish Commission; (E) The Arkansas Department of Transportation; and (F) All administrative, academic, classified, and nonclassified employees of the state-supported institutions of higher education. (2) Any agency, board, commission, bureau, council, or program exempted under this subsection from the direct deposit requirement set forth in subdivision (a)(1) of this section may elect to enter the electronic warrants transfer system on a voluntary basis.

(1) As used in subdivision (a)(1) of this section, "agency" means all state agencies, boards, commissions, bureaus, councils, or programs except: (A) The elected constitutional officers of the State of Arkansas and their employees; (B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members and employees of the Supreme Court, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, not including deputy prosecuting attorneys; (D) The Arkansas State Game and Fish Commission; (E) The Arkansas Department of Transportation; and (F) All administrative, academic, classified, and nonclassified employees of the state-supported institutions of higher education.

(A) The elected constitutional officers of the State of Arkansas and their employees;

(B) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit;

(C) Members and employees of the Supreme Court, the Administrative Office of the Courts, circuit courts, and prosecuting attorneys, not including deputy prosecuting attorneys;

(D) The Arkansas State Game and Fish Commission;

(E) The Arkansas Department of Transportation; and

(F) All administrative, academic, classified, and nonclassified employees of the state-supported institutions of higher education.

(2) Any agency, board, commission, bureau, council, or program exempted under this subsection from the direct deposit requirement set forth in subdivision (a)(1) of this section may elect to enter the electronic warrants transfer system on a voluntary basis.

(c) The secretary may establish any special account necessary to facilitate direct deposit of employee salaries or wages.

Amended by Act 2017, No. 707,§ 71, eff. 8/1/2017.

Acts 2005, No. 1887, § 1; Acts 2007, No. 827, § 174.
Ark. Code Ann. § 21-14-114 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-114
Rules
Status: in_force

The Secretary of State may promulgate rules necessary to administer this chapter. Amended by Act 2019, No. 315,§ 2339, eff. 7/24/2019. Acts 2005, No. 2274, § 4.

The Secretary of State may promulgate rules necessary to administer this chapter.

Amended by Act 2019, No. 315,§ 2339, eff. 7/24/2019.

Acts 2005, No. 2274, § 4.
Ark. Code Ann. § 21-2-807 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-807
Notice of proof of losses - Determination of coverage and remediation
Status: in_force

(a) Following a cyberattack on a participating governmental entity, the Arkansas Cyber Response Board may establish security requirements for the participating governmental entity that shall be followed in order to maintain the full Arkansas Self-Funded Cyber Response Program under § 21-2-804(b)(1) . (b) The expenses associated with losses, investigation, and remediation shall be attributed to the participating governmental entity and shall be used by the State Risk Manager and board in calculating future program premiums. (c) (1) Upon determination of proof of loss from the cyber response contact and the board, the Insurance Commissioner shall authorize cybersecurity loss payments to the participating governmental entity that was activated by the cyber response contact as well as any participating governmental entity for board-approved expenditures. (2) A voucher for a loss payment shall include, as supporting documents, a copy of the payment recommendations by the State Risk Manager and a copy of the proof of loss provided by the participating governmental entity and approved by the board. (3) A loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment by the board. (d) (1) If a participating governmental entity sustains any loss that exceeds the amount of indemnity provided by the program, then the participating governmental entity is entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, made by whomever, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance. (2) Any remainder of the recovery under subdivision (d)(1) of this section shall be applied to reimbursement of the program. (3) If a participating governmental entity fails to pay the amount due to the program under this section, then the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) Following a cyberattack on a participating governmental entity, the Arkansas Cyber Response Board may establish security requirements for the participating governmental entity that shall be followed in order to maintain the full Arkansas Self-Funded Cyber Response Program under § 21-2-804(b)(1) .

(b) The expenses associated with losses, investigation, and remediation shall be attributed to the participating governmental entity and shall be used by the State Risk Manager and board in calculating future program premiums.

(c) (1) Upon determination of proof of loss from the cyber response contact and the board, the Insurance Commissioner shall authorize cybersecurity loss payments to the participating governmental entity that was activated by the cyber response contact as well as any participating governmental entity for board-approved expenditures. (2) A voucher for a loss payment shall include, as supporting documents, a copy of the payment recommendations by the State Risk Manager and a copy of the proof of loss provided by the participating governmental entity and approved by the board. (3) A loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment by the board.

(1) Upon determination of proof of loss from the cyber response contact and the board, the Insurance Commissioner shall authorize cybersecurity loss payments to the participating governmental entity that was activated by the cyber response contact as well as any participating governmental entity for board-approved expenditures.

(2) A voucher for a loss payment shall include, as supporting documents, a copy of the payment recommendations by the State Risk Manager and a copy of the proof of loss provided by the participating governmental entity and approved by the board.

(3) A loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment by the board.

(d) (1) If a participating governmental entity sustains any loss that exceeds the amount of indemnity provided by the program, then the participating governmental entity is entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, made by whomever, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance. (2) Any remainder of the recovery under subdivision (d)(1) of this section shall be applied to reimbursement of the program. (3) If a participating governmental entity fails to pay the amount due to the program under this section, then the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity.

(1) If a participating governmental entity sustains any loss that exceeds the amount of indemnity provided by the program, then the participating governmental entity is entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, made by whomever, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance.

(2) Any remainder of the recovery under subdivision (d)(1) of this section shall be applied to reimbursement of the program.

(3) If a participating governmental entity fails to pay the amount due to the program under this section, then the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-8-802 — AR Code / Title 21 / Chapter 8 / Subchapter 8 / Section 21-8-802
Prohibited appearances - Exceptions
Status: in_force

(a) No legislator shall appear for compensation on behalf of another person, firm, corporation, or entity before any entity of: (1) State government, if the legislator is a member of the General Assembly; (2) The legislator's county government, if the legislator is a member of a quorum court; (3) The legislator's municipal government, if the legislator is a member of a city council or board of directors of a municipality; or (4) The legislator's school district board of directors, if the legislator is a member of a school district board of directors. (b) This section shall not: (1) Apply to any judicial proceeding or to any hearing or proceeding which is adversarial in nature or character; (2) Apply to any hearing or proceeding on which a record is made by the entity of state government, entity of county government, entity of municipal government, or school district board of directors; (3) Apply to an appearance which is a matter of public record; (4) Apply to ministerial actions; or (5) Preclude a legislator from acting on behalf of a constituent to determine the status of a matter without accepting compensation. (c) An appearance which is a matter of public record as provided in subdivision (b)(3) of this section may be made by: (1) (A) Filing a written statement within twenty-four (24) hours with the agency head of the entity of state government, entity of county government, entity of municipal government, or school district before which an appearance is sought. (B) In the event that a written statement cannot be provided to the agency head prior to the meeting, telephonic notice must be given the agency head or his or her office; or (2) Filing a quarterly statement with the agency head of the entity of state government before which an appearance is sought. (d) (1) A statement filed under subsection (c) of this section shall identify the client on behalf of whom the appearance is made and contain a general statement of the action sought from the governmental body. (2) (A) The statements shall be retained by the agency head and shall be a matter of public record. (B) If the agency head determines that the release of the client's name would be an unwarranted invasion of individual privacy or would give advantage to competitors for bidding, the agency head may withhold the name until appropriate. (e) No member of the General Assembly shall receive any income or compensation as defined in § 21-8-401 et seq., other than income and benefits from the governmental body to which he or she is duly entitled, for lobbying other members of the General Assembly by communicating directly or soliciting others to communicate with any other member with the purpose of influencing legislative action by the General Assembly. Amended by Act 2017, No. 449,§ 4, eff. 8/1/2017. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 4; 1995, No. 1111, § 1.

(a) No legislator shall appear for compensation on behalf of another person, firm, corporation, or entity before any entity of: (1) State government, if the legislator is a member of the General Assembly; (2) The legislator's county government, if the legislator is a member of a quorum court; (3) The legislator's municipal government, if the legislator is a member of a city council or board of directors of a municipality; or (4) The legislator's school district board of directors, if the legislator is a member of a school district board of directors.

(1) State government, if the legislator is a member of the General Assembly;

(2) The legislator's county government, if the legislator is a member of a quorum court;

(3) The legislator's municipal government, if the legislator is a member of a city council or board of directors of a municipality; or

(4) The legislator's school district board of directors, if the legislator is a member of a school district board of directors.

(b) This section shall not: (1) Apply to any judicial proceeding or to any hearing or proceeding which is adversarial in nature or character; (2) Apply to any hearing or proceeding on which a record is made by the entity of state government, entity of county government, entity of municipal government, or school district board of directors; (3) Apply to an appearance which is a matter of public record; (4) Apply to ministerial actions; or (5) Preclude a legislator from acting on behalf of a constituent to determine the status of a matter without accepting compensation.

(1) Apply to any judicial proceeding or to any hearing or proceeding which is adversarial in nature or character;

(2) Apply to any hearing or proceeding on which a record is made by the entity of state government, entity of county government, entity of municipal government, or school district board of directors;

(3) Apply to an appearance which is a matter of public record;

(4) Apply to ministerial actions; or

(5) Preclude a legislator from acting on behalf of a constituent to determine the status of a matter without accepting compensation.

(c) An appearance which is a matter of public record as provided in subdivision (b)(3) of this section may be made by: (1) (A) Filing a written statement within twenty-four (24) hours with the agency head of the entity of state government, entity of county government, entity of municipal government, or school district before which an appearance is sought. (B) In the event that a written statement cannot be provided to the agency head prior to the meeting, telephonic notice must be given the agency head or his or her office; or (2) Filing a quarterly statement with the agency head of the entity of state government before which an appearance is sought.

(1) (A) Filing a written statement within twenty-four (24) hours with the agency head of the entity of state government, entity of county government, entity of municipal government, or school district before which an appearance is sought. (B) In the event that a written statement cannot be provided to the agency head prior to the meeting, telephonic notice must be given the agency head or his or her office; or

(A) Filing a written statement within twenty-four (24) hours with the agency head of the entity of state government, entity of county government, entity of municipal government, or school district before which an appearance is sought.

(B) In the event that a written statement cannot be provided to the agency head prior to the meeting, telephonic notice must be given the agency head or his or her office; or

(2) Filing a quarterly statement with the agency head of the entity of state government before which an appearance is sought.

(d) (1) A statement filed under subsection (c) of this section shall identify the client on behalf of whom the appearance is made and contain a general statement of the action sought from the governmental body. (2) (A) The statements shall be retained by the agency head and shall be a matter of public record. (B) If the agency head determines that the release of the client's name would be an unwarranted invasion of individual privacy or would give advantage to competitors for bidding, the agency head may withhold the name until appropriate.

(1) A statement filed under subsection (c) of this section shall identify the client on behalf of whom the appearance is made and contain a general statement of the action sought from the governmental body.

(2) (A) The statements shall be retained by the agency head and shall be a matter of public record. (B) If the agency head determines that the release of the client's name would be an unwarranted invasion of individual privacy or would give advantage to competitors for bidding, the agency head may withhold the name until appropriate.

(A) The statements shall be retained by the agency head and shall be a matter of public record.

(B) If the agency head determines that the release of the client's name would be an unwarranted invasion of individual privacy or would give advantage to competitors for bidding, the agency head may withhold the name until appropriate.

(e) No member of the General Assembly shall receive any income or compensation as defined in § 21-8-401 et seq., other than income and benefits from the governmental body to which he or she is duly entitled, for lobbying other members of the General Assembly by communicating directly or soliciting others to communicate with any other member with the purpose of influencing legislative action by the General Assembly.

Amended by Act 2017, No. 449,§ 4, eff. 8/1/2017.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 4; 1995, No. 1111, § 1.
Ark. Code Ann. § 21-8-104 — AR Code / Title 21 / Chapter 8 / Subchapter 1 / Section 21-8-104
Tobacco prevention or reduction advertising prohibited for elected officials and their immediate families
Status: in_force

An advertising or advertisement targeting the prevention or reduction of tobacco use shall not include the name, voice, or likeness of any elected official or his or her immediate family. Added by Act 2023, No. 282,§ 7, eff. 7/1/2023.

An advertising or advertisement targeting the prevention or reduction of tobacco use shall not include the name, voice, or likeness of any elected official or his or her immediate family.

Added by Act 2023, No. 282,§ 7, eff. 7/1/2023.
Ark. Code Ann. § 21-5-223 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-223
Severance pay
Status: in_force

(a) (1) If the agency director determines that it is necessary to implement the state workforce reduction policy due to state agency organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the state agency, or the loss of federal funding, grants, or other special funds, the agency director, upon approval by the Secretary of the Department of Transformation and Shared Services, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified and nonclassified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600) (2) The severance payments under subdivision (a)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (3) The severance payments under subdivision (a)(1) of this section shall not be construed as exceeding the maximum salary. (4) The agency director shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (b) (1) If the head of an institution of higher education determines that it is necessary to implement the state workforce reduction policy due to institution organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the institution, or the loss of federal funding, grants, or other special funds, the head of the institution, upon approval by the Commissioner of the Division of Higher Education, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600) (2) The severance payments under subdivision (b)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (3) The severance payments under subdivision (b)(1) of this section shall not be construed as exceeding the maximum salary. (4) The head of the institution shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2023, No. 786,§ 39, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 6135, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2310, eff. 7/1/2019. Amended by Act 2017, No. 599,§ 3, eff. 7/1/2017. Acts 2009, No. 688, § 13.

(a) (1) If the agency director determines that it is necessary to implement the state workforce reduction policy due to state agency organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the state agency, or the loss of federal funding, grants, or other special funds, the agency director, upon approval by the Secretary of the Department of Transformation and Shared Services, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified and nonclassified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600) (2) The severance payments under subdivision (a)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (3) The severance payments under subdivision (a)(1) of this section shall not be construed as exceeding the maximum salary. (4) The agency director shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) If the agency director determines that it is necessary to implement the state workforce reduction policy due to state agency organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the state agency, or the loss of federal funding, grants, or other special funds, the agency director, upon approval by the Secretary of the Department of Transformation and Shared Services, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified and nonclassified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Over one (1) year up to five (5) years

Eight hundred dollars ($800)

Over five (5) years up to fifteen (15) years

One thousand two hundred dollars ($1,200)

Over fifteen (15) years

One thousand six hundred dollars ($1,600)

(2) The severance payments under subdivision (a)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

(3) The severance payments under subdivision (a)(1) of this section shall not be construed as exceeding the maximum salary.

(4) The agency director shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(b) (1) If the head of an institution of higher education determines that it is necessary to implement the state workforce reduction policy due to institution organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the institution, or the loss of federal funding, grants, or other special funds, the head of the institution, upon approval by the Commissioner of the Division of Higher Education, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600) (2) The severance payments under subdivision (b)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (3) The severance payments under subdivision (b)(1) of this section shall not be construed as exceeding the maximum salary. (4) The head of the institution shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) If the head of an institution of higher education determines that it is necessary to implement the state workforce reduction policy due to institution organization structure change, budgetary reductions, abolishment of positions or duties, loss of functional responsibility by the institution, or the loss of federal funding, grants, or other special funds, the head of the institution, upon approval by the Commissioner of the Division of Higher Education, may authorize the payment of funds on a regular payroll schedule as severance pay to full-time, part-time, and job sharing classified employees in regular positions affected by the workforce reduction on the basis of the following pro rata lump sum for completed years of service, including any formally implemented probationary period: Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Over one (1) year up to five (5) years Eight hundred dollars ($800) Over five (5) years up to fifteen (15) years One thousand two hundred dollars ($1,200) Over fifteen (15) years One thousand six hundred dollars ($1,600)

Over one (1) year up to five (5) years

Eight hundred dollars ($800)

Over five (5) years up to fifteen (15) years

One thousand two hundred dollars ($1,200)

Over fifteen (15) years

One thousand six hundred dollars ($1,600)

(2) The severance payments under subdivision (b)(1) of this section shall be in addition to the lump-sum payments allowed under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

(3) The severance payments under subdivision (b)(1) of this section shall not be construed as exceeding the maximum salary.

(4) The head of the institution shall file a notice of the anticipated implementation of the workforce reduction policy and of the lump-sum severance payments to be made under the state workforce reduction policy with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2023, No. 786,§ 39, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 6135, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2310, eff. 7/1/2019.

Amended by Act 2017, No. 599,§ 3, eff. 7/1/2017.

Acts 2009, No. 688, § 13.
Ark. Code Ann. § 21-8-402 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-402
Definitions
Status: in_force

As used in this subchapter and § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq., unless the context otherwise requires: (1) (A) "Administrative action" means any decision on, or proposal, consideration, or making of any rule, ratemaking proceeding, or policy action by a governmental body. (B) "Administrative action" does not include ministerial action; (2) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, receivership, trust, or any legal entity through which business is conducted; (3) "County government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of a county; (4) "Family" means an individual's spouse, children of that individual or his or her spouse, or brothers, sisters, or parents of the individual or his or her spouse; (5) (A) "Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor. (B) The term "gift" does not include: (i) (a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties. (b) Payments for travel or reimbursement for any expenses are not informational material; (ii) The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in an official capacity; (iii) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor; (iv) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision (5)(B)(iv); (v) Campaign contributions; (vi) Any devise or inheritance; (vii) (a) Anything with a value of one hundred dollars ($100) or less. (b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received; (viii) Wedding presents and engagement gifts; (ix) A monetary or other award presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education; (x) Tickets to charitable fund-raising events held within this state by a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) ; (xi) A personalized award, plaque, or trophy with a value of one hundred and fifty dollars ($150) or less; (xii) An item which appointed or elected members of a specific governmental body purchase with their own personal funds and present to a fellow member of that governmental body in recognition of public service; (xiii) Food or beverages provided at a conference-scheduled event that is part of the program of the conference; (xiv) Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group; (xv) (a) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the presentation is made by the employee's supervisors or peers, individually or through a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) , and the employee's receipt of the award would not result in or create the appearance of the employee using his or her position for private gain, giving preferential treatment to any person, or losing independence or impartiality. (b) The exception in subdivision (5)(B)(xv) (a) of this section shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee's duties or responsibilities; and (xvi) Anything of value provided by a political party under § 7-1-101 or § 7-7-205 when serving as the host of the following events to all attendees as part of attendance at the event: (a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and (b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event; (6) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (7) (A) "Income" or "compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. It includes a payment made under obligation for services or other value received. (B) The term "compensation" does not include anything of value presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education; (8) "Legislative action" means introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto, or any other official action or nonaction on any bill, ordinance, law, resolution, amendment, nomination, appointment, report, or other matter pending or proposed before a committee or house of the General Assembly, a quorum court, or a city council or board of directors of a municipality; (9) "Legislator" means any person who is a member of: (A) The General Assembly; (B) A quorum court of any county; (C) The city council or board of directors of any municipality; or (D) A member of a school district board of directors; (10) "Lobbying" means communicating directly or soliciting others to communicate with any public servant with the purpose of influencing legislative action or administrative action; (11) "Lobbyist" means a person who: (A) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies; (B) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or (C) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with any public servant to influence any legislative action or administrative action of one (1) or more governmental bodies unless the communication has been filed with the Secretary of State or the communication has been published in the news media. If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients; (12) "Municipal government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of a municipality; (13) "Official capacity" means activities which: (A) Arise solely because of the position held by the public servant; (B) Would be subject to expense reimbursement by the agency with which the public servant is associated; and (C) Involve matters which fall within the official responsibility of the public servant; (14) "Person" means a business, individual, corporation, union, association, firm, partnership, committee, club, or other organization or group of persons; (15) (A) "Public appointee" means an individual who is appointed to a governmental body. (B) "Public appointee" shall not include an individual appointed to an elective office; (16) (A) "Public employee" means an individual who is employed by a governmental body or who is appointed to serve a governmental body. (B) "Public employee" shall not include public officials or public appointees; (17) (A) "Public official" means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office. (B) "Public official" includes without limitation a member of a school district board of directors; (18) "Public servant" means all public officials, public employees, and public appointees; (19) "Registered lobbyist" means a lobbyist registered pursuant to the provisions of this subchapter and § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; (20) "Special event" means a planned activity to which a specific governmental body or identifiable group of public servants is invited; and (21) "State government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of the State of Arkansas. Amended by Act 2019, No. 315,§ 2330, eff. 7/24/2019. Amended by Act 2017, No. 449,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 449,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 312,§ 2, eff. 3/1/2017. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; 1999, No. 553, §§ 36, 37; 2001, No. 239, § 1; 2001, No. 1192, §§ 1, 2; 2001, No. 1839, §§ 23-26; 2007, No. 827, §§ 176, 177.

As used in this subchapter and § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq., unless the context otherwise requires:

(1) (A) "Administrative action" means any decision on, or proposal, consideration, or making of any rule, ratemaking proceeding, or policy action by a governmental body. (B) "Administrative action" does not include ministerial action;

(A) "Administrative action" means any decision on, or proposal, consideration, or making of any rule, ratemaking proceeding, or policy action by a governmental body.

(B) "Administrative action" does not include ministerial action;

(2) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, receivership, trust, or any legal entity through which business is conducted;

(3) "County government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of a county;

(4) "Family" means an individual's spouse, children of that individual or his or her spouse, or brothers, sisters, or parents of the individual or his or her spouse;

(5) (A) "Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor. (B) The term "gift" does not include: (i) (a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties. (b) Payments for travel or reimbursement for any expenses are not informational material; (ii) The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in an official capacity; (iii) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor; (iv) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision (5)(B)(iv); (v) Campaign contributions; (vi) Any devise or inheritance; (vii) (a) Anything with a value of one hundred dollars ($100) or less. (b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received; (viii) Wedding presents and engagement gifts; (ix) A monetary or other award presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education; (x) Tickets to charitable fund-raising events held within this state by a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) ; (xi) A personalized award, plaque, or trophy with a value of one hundred and fifty dollars ($150) or less; (xii) An item which appointed or elected members of a specific governmental body purchase with their own personal funds and present to a fellow member of that governmental body in recognition of public service; (xiii) Food or beverages provided at a conference-scheduled event that is part of the program of the conference; (xiv) Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group; (xv) (a) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the presentation is made by the employee's supervisors or peers, individually or through a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) , and the employee's receipt of the award would not result in or create the appearance of the employee using his or her position for private gain, giving preferential treatment to any person, or losing independence or impartiality. (b) The exception in subdivision (5)(B)(xv) (a) of this section shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee's duties or responsibilities; and (xvi) Anything of value provided by a political party under § 7-1-101 or § 7-7-205 when serving as the host of the following events to all attendees as part of attendance at the event: (a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and (b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event;

(A) "Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor.

(B) The term "gift" does not include: (i) (a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties. (b) Payments for travel or reimbursement for any expenses are not informational material; (ii) The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in an official capacity; (iii) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor; (iv) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision (5)(B)(iv); (v) Campaign contributions; (vi) Any devise or inheritance; (vii) (a) Anything with a value of one hundred dollars ($100) or less. (b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received; (viii) Wedding presents and engagement gifts; (ix) A monetary or other award presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education; (x) Tickets to charitable fund-raising events held within this state by a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) ; (xi) A personalized award, plaque, or trophy with a value of one hundred and fifty dollars ($150) or less; (xii) An item which appointed or elected members of a specific governmental body purchase with their own personal funds and present to a fellow member of that governmental body in recognition of public service; (xiii) Food or beverages provided at a conference-scheduled event that is part of the program of the conference; (xiv) Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group; (xv) (a) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the presentation is made by the employee's supervisors or peers, individually or through a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) , and the employee's receipt of the award would not result in or create the appearance of the employee using his or her position for private gain, giving preferential treatment to any person, or losing independence or impartiality. (b) The exception in subdivision (5)(B)(xv) (a) of this section shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee's duties or responsibilities; and (xvi) Anything of value provided by a political party under § 7-1-101 or § 7-7-205 when serving as the host of the following events to all attendees as part of attendance at the event: (a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and (b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event;

(i) (a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties. (b) Payments for travel or reimbursement for any expenses are not informational material;

(a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties.

(b) Payments for travel or reimbursement for any expenses are not informational material;

(ii) The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in an official capacity;

(iii) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor;

(iv) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision (5)(B)(iv);

(v) Campaign contributions;

(vi) Any devise or inheritance;

(vii) (a) Anything with a value of one hundred dollars ($100) or less. (b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received;

(a) Anything with a value of one hundred dollars ($100) or less.

(b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received;

(viii) Wedding presents and engagement gifts;

(ix) A monetary or other award presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education;

(x) Tickets to charitable fund-raising events held within this state by a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) ;

(xi) A personalized award, plaque, or trophy with a value of one hundred and fifty dollars ($150) or less;

(xii) An item which appointed or elected members of a specific governmental body purchase with their own personal funds and present to a fellow member of that governmental body in recognition of public service;

(xiii) Food or beverages provided at a conference-scheduled event that is part of the program of the conference;

(xiv) Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group;

(xv) (a) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the presentation is made by the employee's supervisors or peers, individually or through a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) , and the employee's receipt of the award would not result in or create the appearance of the employee using his or her position for private gain, giving preferential treatment to any person, or losing independence or impartiality. (b) The exception in subdivision (5)(B)(xv) (a) of this section shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee's duties or responsibilities; and

(a) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the presentation is made by the employee's supervisors or peers, individually or through a nonprofit organization which is exempt from taxation under 26 U.S.C. § 501(c)(3) , and the employee's receipt of the award would not result in or create the appearance of the employee using his or her position for private gain, giving preferential treatment to any person, or losing independence or impartiality.

(b) The exception in subdivision (5)(B)(xv) (a) of this section shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee's duties or responsibilities; and

(xvi) Anything of value provided by a political party under § 7-1-101 or § 7-7-205 when serving as the host of the following events to all attendees as part of attendance at the event: (a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and (b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event;

(a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and

(b) An official event of a recognized political party so long as all members of either house of the General Assembly affiliated with the recognized political party are invited to the official event;

(6) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof;

(7) (A) "Income" or "compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. It includes a payment made under obligation for services or other value received. (B) The term "compensation" does not include anything of value presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education;

(A) "Income" or "compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. It includes a payment made under obligation for services or other value received.

(B) The term "compensation" does not include anything of value presented to an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee's contribution to education;

(8) "Legislative action" means introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto, or any other official action or nonaction on any bill, ordinance, law, resolution, amendment, nomination, appointment, report, or other matter pending or proposed before a committee or house of the General Assembly, a quorum court, or a city council or board of directors of a municipality;

(9) "Legislator" means any person who is a member of: (A) The General Assembly; (B) A quorum court of any county; (C) The city council or board of directors of any municipality; or (D) A member of a school district board of directors;

(A) The General Assembly;

(B) A quorum court of any county;

(C) The city council or board of directors of any municipality; or

(D) A member of a school district board of directors;

(10) "Lobbying" means communicating directly or soliciting others to communicate with any public servant with the purpose of influencing legislative action or administrative action;

(11) "Lobbyist" means a person who: (A) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies; (B) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or (C) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with any public servant to influence any legislative action or administrative action of one (1) or more governmental bodies unless the communication has been filed with the Secretary of State or the communication has been published in the news media. If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients;

(A) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies;

(B) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying one (1) or more governmental bodies, excluding the cost of personal travel, lodging, meals, or dues; or

(C) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with any public servant to influence any legislative action or administrative action of one (1) or more governmental bodies unless the communication has been filed with the Secretary of State or the communication has been published in the news media. If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients;

(12) "Municipal government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of a municipality;

(13) "Official capacity" means activities which: (A) Arise solely because of the position held by the public servant; (B) Would be subject to expense reimbursement by the agency with which the public servant is associated; and (C) Involve matters which fall within the official responsibility of the public servant;

(A) Arise solely because of the position held by the public servant;

(B) Would be subject to expense reimbursement by the agency with which the public servant is associated; and

(C) Involve matters which fall within the official responsibility of the public servant;

(14) "Person" means a business, individual, corporation, union, association, firm, partnership, committee, club, or other organization or group of persons;

(15) (A) "Public appointee" means an individual who is appointed to a governmental body. (B) "Public appointee" shall not include an individual appointed to an elective office;

(A) "Public appointee" means an individual who is appointed to a governmental body.

(B) "Public appointee" shall not include an individual appointed to an elective office;

(16) (A) "Public employee" means an individual who is employed by a governmental body or who is appointed to serve a governmental body. (B) "Public employee" shall not include public officials or public appointees;

(A) "Public employee" means an individual who is employed by a governmental body or who is appointed to serve a governmental body.

(B) "Public employee" shall not include public officials or public appointees;

(17) (A) "Public official" means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office. (B) "Public official" includes without limitation a member of a school district board of directors;

(A) "Public official" means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office.

(B) "Public official" includes without limitation a member of a school district board of directors;

(18) "Public servant" means all public officials, public employees, and public appointees;

(19) "Registered lobbyist" means a lobbyist registered pursuant to the provisions of this subchapter and § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.;

(20) "Special event" means a planned activity to which a specific governmental body or identifiable group of public servants is invited; and

(21) "State government" means any office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of the State of Arkansas.

Amended by Act 2019, No. 315,§ 2330, eff. 7/24/2019.

Amended by Act 2017, No. 449,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 449,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 312,§ 2, eff. 3/1/2017.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; 1999, No. 553, §§ 36, 37; 2001, No. 239, § 1; 2001, No. 1192, §§ 1, 2; 2001, No. 1839, §§ 23-26; 2007, No. 827, §§ 176, 177.
Ark. Code Ann. § 21-14-314 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-314
Rules
Status: in_force

The Secretary of State may promulgate rules to administer this subchapter. Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.

The Secretary of State may promulgate rules to administer this subchapter.

Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.