Ark. Code Ann. § 21-5-209 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-209
Compensation plan
Status: in_force

(a) There is established for state agencies covered by this subchapter a compensation plan for the setting of salaries and salary increases, when deserved, of all employees serving in positions covered by this subchapter. (b) (1) No employee shall be paid at a rate of pay higher than the maximum pay level in the grade assigned to his or her class unless otherwise provided for in this subchapter. (2) However, an employee presently employed in a position who is being paid at a rate in excess of the maximum for his or her assigned grade may continue to receive his or her rate of pay. (c) It is the specific intent of the General Assembly to authorize, in the enactment of the compensation plans, rates of pay for each of the appropriate grades assigned to a class, but it is not the intent that any pay increases shall be automatic or that any employee shall have a claim or a right to pay increases unless the department head of the state agency determines that the employee, by experience, ability, and work performance, is eligible for the increase in pay authorized for the appropriate rate. (d) Pay levels established in this subchapter are for compensation management purposes and are not to be construed as a contract, right, or other expectation of actual employee salary determination. (e) (1) The following grades and pay levels shall be authorized for the General Salaries pay table effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and General Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: GENERAL SALARIES GS1 $32,405 $42,046 $51,686 GS2 $32,405 $42,046 $51,686 GS3 $32,405 $42,046 $51,686 GS4 $32,405 $42,046 $51,686 GS5 $32,405 $42,046 $51,686 GS6 $36,155 $46,912 $57,668 GS7 $40,340 $52,342 $64,343 GS8 $45,010 $58,401 $71,792 GS9 $50,222 $65,164 $80,105 GS10 $56,039 $72,711 $89,383 GS11 $62,531 $81,134 $99,737 GS12 $69,776 $90,535 $111,293 GS13 $77,862 $101,026 $124,190 GS14 $86,887 $112,736 $138,585 GS15 $96,960 $125,806 $154,652 (2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $43,340 $53,278 IT2 $37,266 $48,352 $59,439 IT3 $41,578 $53,948 $66,317 IT4 $46,391 $60,193 $73,994 IT5 $51,762 $67,161 $82,560 IT6 $57,755 $74,938 $92,120 IT7 $64,445 $83,617 $102,790 IT8 $71,704 $93,035 $114,367 IT9 $80,242 $104,115 $127,987 IT10 $89,541 $116,180 $142,819 IT11 $99,920 $129,647 $159,373 IT12 $111,504 $144,677 $177,850 (3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $80,347 $96,864 MP2 $71,403 $90,682 $109,961 MP3 $79,879 $102,325 $124,771 MP4 $89,368 $115,464 $141,559 MP5 $99,991 $130,289 $160,586 MP6 $111,884 $147,016 $182,147 MP7 $125,200 $165,890 $206,580 MP8 $140,109 $187,186 $234,263 MP9 $156,804 $211,215 $265,626 MP10 $175,620 $236,561 $297,501 (4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $135,015 $161,920 SE2 $120,543 $146,677 $172,810 SE3 $134,406 $159,053 $183,700 SE4 $149,862 $174,756 $199,650 SE5 $167,096 $194,483 $221,870 (2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $40,919 $48,434 IT2 $37,266 $45,651 $54,035 IT3 $41,578 $50,933 $60,288 IT4 $46,391 $56,829 $67,267 IT5 $51,762 $63,408 $75,054 IT6 $57,755 $70,750 $83,745 IT7 $64,445 $78,945 $93,445 IT8 $71,704 $87,837 $103,970 IT9 $80,242 $98,297 $116,351 IT10 $89,541 $109,688 $129,835 IT11 $99,920 $122,402 $144,884 IT12 $111,504 $136,592 $161,681 (3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $75,958 $88,058 MP2 $71,403 $85,683 $99,964 MP3 $79,879 $96,654 $113,428 MP4 $89,368 $109,029 $128,690 MP5 $99,991 $122,989 $145,987 MP6 $111,884 $138,736 $165,588 MP7 $125,200 $156,500 $187,800 MP8 $140,109 $176,537 $212,966 MP9 $156,804 $199,140 $241,478 MP10 $175,620 $224,033 $270,455 (4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $127,655 $147,200 SE2 $120,543 $138,822 $157,100 SE3 $134,406 $150,703 $167,000 SE4 $149,862 $165,681 $181,500 SE5 $167,096 $184,398 $201,700 (f) It is the intent of the General Assembly that the compensation plans in this section shall be implemented and function in compliance with other provisions in this subchapter, the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101 , and other fiscal control laws of this state, when applicable. (g) (1) Except as provided in subdivision (g)(2) of this section, a payment of salaries shall not be made except in conformity with the maximum pay level assigned to these grades for each year as provided in the appropriation act of the state agency or in this subchapter. (2) (A) With approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (i) The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; (ii) The Office of Personnel Management may establish the salary of a specialized physician position or classification that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and (iii) Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act. (B) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided by this subsection. (C) The requirement of approval by the Legislative Council or the Joint Budget Committee is not a severable part of this section. If the requirement of approval is found unconstitutional by a court of competent jurisdiction, the entire section is void. (h) The compensation plan and pay tables shall be reviewed by the Office of Personnel Management before each regular session of the General Assembly. Amended by Act 2024, No. 172,§ 2, eff. 7/1/2024. Amended by Act 2021, No. 661,§ 3, eff. 7/1/2021. Amended by Act 2021, No. 661,§ 2, eff. 7/1/2021. Amended by Act 2017, No. 365,§ 14, eff. 7/1/2017. Acts 1969, No. 199, § 5; 1971, No. 749, § 1; 1973, No. 286, §§ 1, 2; 1974 (Ex. Sess.), No. 39, § 1; 1975, No. 932, § 2; 1977, No. 289, § 1; 1979, No. 3, § 1; 1981, No. 19, § 1; 1983, No. 68, § 1; 1985, No. 101, § 1; A.S.A. 1947, §§ 12-3205, 12-3205n; Acts 1989, No. 793, § 8; 1991, No. 452, § 1; 1991, No. 1148, §§ 4, 14; 1993, No. 770, § 1; 1995, No. 992, § 1; 1997, No. 532, § 1; 1999, No. 813, § 1; 2001, No. 1461, § 3; 2003 (1st Ex. Sess.), No. 22, § 1; 2003 (1st Ex. Sess.), No. 22, § 1; 2005, No. 2198, § 1; 2007, No. 375, § 1; 2009, No. 688, § 7.

(a) There is established for state agencies covered by this subchapter a compensation plan for the setting of salaries and salary increases, when deserved, of all employees serving in positions covered by this subchapter.

(b) (1) No employee shall be paid at a rate of pay higher than the maximum pay level in the grade assigned to his or her class unless otherwise provided for in this subchapter. (2) However, an employee presently employed in a position who is being paid at a rate in excess of the maximum for his or her assigned grade may continue to receive his or her rate of pay.

(1) No employee shall be paid at a rate of pay higher than the maximum pay level in the grade assigned to his or her class unless otherwise provided for in this subchapter.

(2) However, an employee presently employed in a position who is being paid at a rate in excess of the maximum for his or her assigned grade may continue to receive his or her rate of pay.

(c) It is the specific intent of the General Assembly to authorize, in the enactment of the compensation plans, rates of pay for each of the appropriate grades assigned to a class, but it is not the intent that any pay increases shall be automatic or that any employee shall have a claim or a right to pay increases unless the department head of the state agency determines that the employee, by experience, ability, and work performance, is eligible for the increase in pay authorized for the appropriate rate.

(d) Pay levels established in this subchapter are for compensation management purposes and are not to be construed as a contract, right, or other expectation of actual employee salary determination.

(e) (1) The following grades and pay levels shall be authorized for the General Salaries pay table effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and General Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: GENERAL SALARIES GS1 $32,405 $42,046 $51,686 GS2 $32,405 $42,046 $51,686 GS3 $32,405 $42,046 $51,686 GS4 $32,405 $42,046 $51,686 GS5 $32,405 $42,046 $51,686 GS6 $36,155 $46,912 $57,668 GS7 $40,340 $52,342 $64,343 GS8 $45,010 $58,401 $71,792 GS9 $50,222 $65,164 $80,105 GS10 $56,039 $72,711 $89,383 GS11 $62,531 $81,134 $99,737 GS12 $69,776 $90,535 $111,293 GS13 $77,862 $101,026 $124,190 GS14 $86,887 $112,736 $138,585 GS15 $96,960 $125,806 $154,652 (2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $43,340 $53,278 IT2 $37,266 $48,352 $59,439 IT3 $41,578 $53,948 $66,317 IT4 $46,391 $60,193 $73,994 IT5 $51,762 $67,161 $82,560 IT6 $57,755 $74,938 $92,120 IT7 $64,445 $83,617 $102,790 IT8 $71,704 $93,035 $114,367 IT9 $80,242 $104,115 $127,987 IT10 $89,541 $116,180 $142,819 IT11 $99,920 $129,647 $159,373 IT12 $111,504 $144,677 $177,850 (3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $80,347 $96,864 MP2 $71,403 $90,682 $109,961 MP3 $79,879 $102,325 $124,771 MP4 $89,368 $115,464 $141,559 MP5 $99,991 $130,289 $160,586 MP6 $111,884 $147,016 $182,147 MP7 $125,200 $165,890 $206,580 MP8 $140,109 $187,186 $234,263 MP9 $156,804 $211,215 $265,626 MP10 $175,620 $236,561 $297,501 (4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $135,015 $161,920 SE2 $120,543 $146,677 $172,810 SE3 $134,406 $159,053 $183,700 SE4 $149,862 $174,756 $199,650 SE5 $167,096 $194,483 $221,870 (2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $40,919 $48,434 IT2 $37,266 $45,651 $54,035 IT3 $41,578 $50,933 $60,288 IT4 $46,391 $56,829 $67,267 IT5 $51,762 $63,408 $75,054 IT6 $57,755 $70,750 $83,745 IT7 $64,445 $78,945 $93,445 IT8 $71,704 $87,837 $103,970 IT9 $80,242 $98,297 $116,351 IT10 $89,541 $109,688 $129,835 IT11 $99,920 $122,402 $144,884 IT12 $111,504 $136,592 $161,681 (3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $75,958 $88,058 MP2 $71,403 $85,683 $99,964 MP3 $79,879 $96,654 $113,428 MP4 $89,368 $109,029 $128,690 MP5 $99,991 $122,989 $145,987 MP6 $111,884 $138,736 $165,588 MP7 $125,200 $156,500 $187,800 MP8 $140,109 $176,537 $212,966 MP9 $156,804 $199,140 $241,478 MP10 $175,620 $224,033 $270,455 (4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $127,655 $147,200 SE2 $120,543 $138,822 $157,100 SE3 $134,406 $150,703 $167,000 SE4 $149,862 $165,681 $181,500 SE5 $167,096 $184,398 $201,700

(1) The following grades and pay levels shall be authorized for the General Salaries pay table effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and General Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: GENERAL SALARIES GS1 $32,405 $42,046 $51,686 GS2 $32,405 $42,046 $51,686 GS3 $32,405 $42,046 $51,686 GS4 $32,405 $42,046 $51,686 GS5 $32,405 $42,046 $51,686 GS6 $36,155 $46,912 $57,668 GS7 $40,340 $52,342 $64,343 GS8 $45,010 $58,401 $71,792 GS9 $50,222 $65,164 $80,105 GS10 $56,039 $72,711 $89,383 GS11 $62,531 $81,134 $99,737 GS12 $69,776 $90,535 $111,293 GS13 $77,862 $101,026 $124,190 GS14 $86,887 $112,736 $138,585 GS15 $96,960 $125,806 $154,652

GENERAL SALARIES

GS1

$32,405

$42,046

$51,686

GS2

$32,405

$42,046

$51,686

GS3

$32,405

$42,046

$51,686

GS4

$32,405

$42,046

$51,686

GS5

$32,405

$42,046

$51,686

GS6

$36,155

$46,912

$57,668

GS7

$40,340

$52,342

$64,343

GS8

$45,010

$58,401

$71,792

GS9

$50,222

$65,164

$80,105

GS10

$56,039

$72,711

$89,383

GS11

$62,531

$81,134

$99,737

GS12

$69,776

$90,535

$111,293

GS13

$77,862

$101,026

$124,190

GS14

$86,887

$112,736

$138,585

GS15

$96,960

$125,806

$154,652

(2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $43,340 $53,278 IT2 $37,266 $48,352 $59,439 IT3 $41,578 $53,948 $66,317 IT4 $46,391 $60,193 $73,994 IT5 $51,762 $67,161 $82,560 IT6 $57,755 $74,938 $92,120 IT7 $64,445 $83,617 $102,790 IT8 $71,704 $93,035 $114,367 IT9 $80,242 $104,115 $127,987 IT10 $89,541 $116,180 $142,819 IT11 $99,920 $129,647 $159,373 IT12 $111,504 $144,677 $177,850

INFORMATION TECHNOLOGY SALARIES

IT1

$33,403

$43,340

$53,278

IT2

$37,266

$48,352

$59,439

IT3

$41,578

$53,948

$66,317

IT4

$46,391

$60,193

$73,994

IT5

$51,762

$67,161

$82,560

IT6

$57,755

$74,938

$92,120

IT7

$64,445

$83,617

$102,790

IT8

$71,704

$93,035

$114,367

IT9

$80,242

$104,115

$127,987

IT10

$89,541

$116,180

$142,819

IT11

$99,920

$129,647

$159,373

IT12

$111,504

$144,677

$177,850

(3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $80,347 $96,864 MP2 $71,403 $90,682 $109,961 MP3 $79,879 $102,325 $124,771 MP4 $89,368 $115,464 $141,559 MP5 $99,991 $130,289 $160,586 MP6 $111,884 $147,016 $182,147 MP7 $125,200 $165,890 $206,580 MP8 $140,109 $187,186 $234,263 MP9 $156,804 $211,215 $265,626 MP10 $175,620 $236,561 $297,501

MEDICAL PROFESSIONAL SALARIES

MP1

$63,830

$80,347

$96,864

MP2

$71,403

$90,682

$109,961

MP3

$79,879

$102,325

$124,771

MP4

$89,368

$115,464

$141,559

MP5

$99,991

$130,289

$160,586

MP6

$111,884

$147,016

$182,147

MP7

$125,200

$165,890

$206,580

MP8

$140,109

$187,186

$234,263

MP9

$156,804

$211,215

$265,626

MP10

$175,620

$236,561

$297,501

(4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2024, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $135,015 $161,920 SE2 $120,543 $146,677 $172,810 SE3 $134,406 $159,053 $183,700 SE4 $149,862 $174,756 $199,650 SE5 $167,096 $194,483 $221,870

SENIOR EXECUTIVE SALARIES

SE1

$108,110

$135,015

$161,920

SE2

$120,543

$146,677

$172,810

SE3

$134,406

$159,053

$183,700

SE4

$149,862

$174,756

$199,650

SE5

$167,096

$194,483

$221,870

(2) The following grades and pay levels shall be authorized for the Information Technology Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Information Technology Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $40,919 $48,434 IT2 $37,266 $45,651 $54,035 IT3 $41,578 $50,933 $60,288 IT4 $46,391 $56,829 $67,267 IT5 $51,762 $63,408 $75,054 IT6 $57,755 $70,750 $83,745 IT7 $64,445 $78,945 $93,445 IT8 $71,704 $87,837 $103,970 IT9 $80,242 $98,297 $116,351 IT10 $89,541 $109,688 $129,835 IT11 $99,920 $122,402 $144,884 IT12 $111,504 $136,592 $161,681

INFORMATION TECHNOLOGY SALARIES IT1 $33,403 $40,919 $48,434 IT2 $37,266 $45,651 $54,035 IT3 $41,578 $50,933 $60,288 IT4 $46,391 $56,829 $67,267 IT5 $51,762 $63,408 $75,054 IT6 $57,755 $70,750 $83,745 IT7 $64,445 $78,945 $93,445 IT8 $71,704 $87,837 $103,970 IT9 $80,242 $98,297 $116,351 IT10 $89,541 $109,688 $129,835 IT11 $99,920 $122,402 $144,884 IT12 $111,504 $136,592 $161,681

INFORMATION TECHNOLOGY SALARIES

IT1

$33,403

$40,919

$48,434

IT2

$37,266

$45,651

$54,035

IT3

$41,578

$50,933

$60,288

IT4

$46,391

$56,829

$67,267

IT5

$51,762

$63,408

$75,054

IT6

$57,755

$70,750

$83,745

IT7

$64,445

$78,945

$93,445

IT8

$71,704

$87,837

$103,970

IT9

$80,242

$98,297

$116,351

IT10

$89,541

$109,688

$129,835

IT11

$99,920

$122,402

$144,884

IT12

$111,504

$136,592

$161,681

(3) The following grades and pay levels shall be authorized for the Medical Professional Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Medical Professional Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $75,958 $88,058 MP2 $71,403 $85,683 $99,964 MP3 $79,879 $96,654 $113,428 MP4 $89,368 $109,029 $128,690 MP5 $99,991 $122,989 $145,987 MP6 $111,884 $138,736 $165,588 MP7 $125,200 $156,500 $187,800 MP8 $140,109 $176,537 $212,966 MP9 $156,804 $199,140 $241,478 MP10 $175,620 $224,033 $270,455

MEDICAL PROFESSIONAL SALARIES MP1 $63,830 $75,958 $88,058 MP2 $71,403 $85,683 $99,964 MP3 $79,879 $96,654 $113,428 MP4 $89,368 $109,029 $128,690 MP5 $99,991 $122,989 $145,987 MP6 $111,884 $138,736 $165,588 MP7 $125,200 $156,500 $187,800 MP8 $140,109 $176,537 $212,966 MP9 $156,804 $199,140 $241,478 MP10 $175,620 $224,033 $270,455

MEDICAL PROFESSIONAL SALARIES

MP1

$63,830

$75,958

$88,058

MP2

$71,403

$85,683

$99,964

MP3

$79,879

$96,654

$113,428

MP4

$89,368

$109,029

$128,690

MP5

$99,991

$122,989

$145,987

MP6

$111,884

$138,736

$165,588

MP7

$125,200

$156,500

$187,800

MP8

$140,109

$176,537

$212,966

MP9

$156,804

$199,140

$241,478

MP10

$175,620

$224,033

$270,455

(4) The following grades and pay levels shall be authorized for the Senior Executive Salaries pay table, effective July 1, 2017, and thereafter, for the state service for all positions of state agencies covered by this subchapter to which a classification title and Senior Executive Salaries salary grade have been assigned in accordance with this subchapter and the appropriation act of the state agency: SENIOR EXECUTIVE SALARIES SE1 $108,110 $127,655 $147,200 SE2 $120,543 $138,822 $157,100 SE3 $134,406 $150,703 $167,000 SE4 $149,862 $165,681 $181,500 SE5 $167,096 $184,398 $201,700

SENIOR EXECUTIVE SALARIES SE1 $108,110 $127,655 $147,200 SE2 $120,543 $138,822 $157,100 SE3 $134,406 $150,703 $167,000 SE4 $149,862 $165,681 $181,500 SE5 $167,096 $184,398 $201,700

SENIOR EXECUTIVE SALARIES

SE1

$108,110

$127,655

$147,200

SE2

$120,543

$138,822

$157,100

SE3

$134,406

$150,703

$167,000

SE4

$149,862

$165,681

$181,500

SE5

$167,096

$184,398

$201,700

(f) It is the intent of the General Assembly that the compensation plans in this section shall be implemented and function in compliance with other provisions in this subchapter, the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101 , and other fiscal control laws of this state, when applicable.

(g) (1) Except as provided in subdivision (g)(2) of this section, a payment of salaries shall not be made except in conformity with the maximum pay level assigned to these grades for each year as provided in the appropriation act of the state agency or in this subchapter. (2) (A) With approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (i) The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; (ii) The Office of Personnel Management may establish the salary of a specialized physician position or classification that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and (iii) Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act. (B) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided by this subsection. (C) The requirement of approval by the Legislative Council or the Joint Budget Committee is not a severable part of this section. If the requirement of approval is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(1) Except as provided in subdivision (g)(2) of this section, a payment of salaries shall not be made except in conformity with the maximum pay level assigned to these grades for each year as provided in the appropriation act of the state agency or in this subchapter.

(2) (A) With approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (i) The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; (ii) The Office of Personnel Management may establish the salary of a specialized physician position or classification that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and (iii) Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act. (B) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided by this subsection. (C) The requirement of approval by the Legislative Council or the Joint Budget Committee is not a severable part of this section. If the requirement of approval is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(A) With approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee: (i) The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; (ii) The Office of Personnel Management may establish the salary of a specialized physician position or classification that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and (iii) Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act.

(i) The Governor may establish the salary of an agency director that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification;

(ii) The Office of Personnel Management may establish the salary of a specialized physician position or classification that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the classification; and

(iii) Salaries established by this section may exceed the maximum pay level for the grade assigned to the classification by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in the state agency's appropriation act.

(B) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided by this subsection.

(C) The requirement of approval by the Legislative Council or the Joint Budget Committee is not a severable part of this section. If the requirement of approval is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(h) The compensation plan and pay tables shall be reviewed by the Office of Personnel Management before each regular session of the General Assembly.

Amended by Act 2024, No. 172,§ 2, eff. 7/1/2024.

Amended by Act 2021, No. 661,§ 3, eff. 7/1/2021.

Amended by Act 2021, No. 661,§ 2, eff. 7/1/2021.

Amended by Act 2017, No. 365,§ 14, eff. 7/1/2017.

Acts 1969, No. 199, § 5; 1971, No. 749, § 1; 1973, No. 286, §§ 1, 2; 1974 (Ex. Sess.), No. 39, § 1; 1975, No. 932, § 2; 1977, No. 289, § 1; 1979, No. 3, § 1; 1981, No. 19, § 1; 1983, No. 68, § 1; 1985, No. 101, § 1; A.S.A. 1947, §§ 12-3205, 12-3205n; Acts 1989, No. 793, § 8; 1991, No. 452, § 1; 1991, No. 1148, §§ 4, 14; 1993, No. 770, § 1; 1995, No. 992, § 1; 1997, No. 532, § 1; 1999, No. 813, § 1; 2001, No. 1461, § 3; 2003 (1st Ex. Sess.), No. 22, § 1; 2003 (1st Ex. Sess.), No. 22, § 1; 2005, No. 2198, § 1; 2007, No. 375, § 1; 2009, No. 688, § 7.
Ark. Code Ann. § 21-6-505 — AR Code / Title 21 / Chapter 6 / Subchapter 5 / Section 21-6-505
Expenses of keeping seized property
Status: in_force

The sheriff, constable, or other officer shall safely keep all property taken or seized under legal process and shall be allowed by the court the necessary expenses of doing so, to be paid by the plaintiff, and taxed in the cost. Acts 1875, No. 77, § 21; C. & M. Dig., § 4590; Pope's Dig., § 5678; A.S.A. 1947, § 12-1725.

The sheriff, constable, or other officer shall safely keep all property taken or seized under legal process and shall be allowed by the court the necessary expenses of doing so, to be paid by the plaintiff, and taxed in the cost.

Acts 1875, No. 77, § 21; C. & M. Dig., § 4590; Pope's Dig., § 5678; A.S.A. 1947, § 12-1725.
Ark. Code Ann. § 21-5-902 — AR Code / Title 21 / Chapter 5 / Subchapter 9 / Section 21-5-902
Salary reduction agreement
Status: in_force

(a) Any eligible employee who chooses to participate in a cafeteria plan or a voluntary product may enter into a salary reduction agreement with the governmental entity. (b) The governmental entity is authorized, upon request of the eligible employee, to enter into a salary reduction agreement to reduce, each payday, the salary of the eligible employee by an amount of money or by the employee's cost of the selected benefits as designated by the employee. Amended by Act 2023, No. 533,§ 8, eff. 8/1/2023. Acts 1987, No. 810, § 2.

(a) Any eligible employee who chooses to participate in a cafeteria plan or a voluntary product may enter into a salary reduction agreement with the governmental entity.

(b) The governmental entity is authorized, upon request of the eligible employee, to enter into a salary reduction agreement to reduce, each payday, the salary of the eligible employee by an amount of money or by the employee's cost of the selected benefits as designated by the employee.

Amended by Act 2023, No. 533,§ 8, eff. 8/1/2023.

Acts 1987, No. 810, § 2.
Ark. Code Ann. § 21-1-702 — AR Code / Title 21 / Chapter 1 / Subchapter 7 / Section 21-1-702
Grievances
Status: in_force

(a) The Office of Personnel Management shall establish a procedure for the filing, hearing, adjudication, and appeal of grievances by state agencies. (b) (1) An employee of a state agency may file a grievance under this subchapter if his or her termination or suspension from employment was inconsistent with the terminating or suspending state agency's disciplinary policy. (2) At the hearing on or appeal of the grievance filed under this subchapter, the sole issue for the trier of fact shall be whether the state agency's decision concerning termination or suspension was consistent with the state agency's disciplinary policy. (c) (1) (A) The procedure established under subsection (a) of this section shall provide without limitation that an employee be afforded a hearing within fifteen (15) business days of the filing of his or her appeal if the employee alleges that he or she was terminated by a state agency for the following actions under § 21-1-603 : (i) Communicating in good faith to an appropriate authority: (a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or (b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state; (ii) Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review; (iii) Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or (iv) Reporting a loss of public funds under § 25-1-124 . (B) A hearing under subdivision (c)(1)(A) of this section shall take place before the occurrence of a state agency hearing pursuant to the grievance filed by the person. (C) (i) (a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section. (b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision. (ii) If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section. (2) If the employee demonstrates at the hearing that a reasonable person would conclude that the state agency terminated the employee as a result of the employee's activities under subdivisions (c)(1)(A)(i)-(iv) of this section, the employee shall be: (A) Reinstated to his or her position until the conclusion of the grievance review procedure under this section; or (B) Reinstated to his or her position and placed on administrative leave until the conclusion of the grievance review procedure under this section. (3) An employee filing an appeal of a grievance decision under this section does not waive his or her right to file a claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq. Amended by Act 2019, No. 1054,§ 1, eff. 7/24/2019. Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.

(a) The Office of Personnel Management shall establish a procedure for the filing, hearing, adjudication, and appeal of grievances by state agencies.

(b) (1) An employee of a state agency may file a grievance under this subchapter if his or her termination or suspension from employment was inconsistent with the terminating or suspending state agency's disciplinary policy. (2) At the hearing on or appeal of the grievance filed under this subchapter, the sole issue for the trier of fact shall be whether the state agency's decision concerning termination or suspension was consistent with the state agency's disciplinary policy.

(1) An employee of a state agency may file a grievance under this subchapter if his or her termination or suspension from employment was inconsistent with the terminating or suspending state agency's disciplinary policy.

(2) At the hearing on or appeal of the grievance filed under this subchapter, the sole issue for the trier of fact shall be whether the state agency's decision concerning termination or suspension was consistent with the state agency's disciplinary policy.

(c) (1) (A) The procedure established under subsection (a) of this section shall provide without limitation that an employee be afforded a hearing within fifteen (15) business days of the filing of his or her appeal if the employee alleges that he or she was terminated by a state agency for the following actions under § 21-1-603 : (i) Communicating in good faith to an appropriate authority: (a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or (b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state; (ii) Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review; (iii) Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or (iv) Reporting a loss of public funds under § 25-1-124 . (B) A hearing under subdivision (c)(1)(A) of this section shall take place before the occurrence of a state agency hearing pursuant to the grievance filed by the person. (C) (i) (a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section. (b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision. (ii) If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section. (2) If the employee demonstrates at the hearing that a reasonable person would conclude that the state agency terminated the employee as a result of the employee's activities under subdivisions (c)(1)(A)(i)-(iv) of this section, the employee shall be: (A) Reinstated to his or her position until the conclusion of the grievance review procedure under this section; or (B) Reinstated to his or her position and placed on administrative leave until the conclusion of the grievance review procedure under this section. (3) An employee filing an appeal of a grievance decision under this section does not waive his or her right to file a claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq.

(1) (A) The procedure established under subsection (a) of this section shall provide without limitation that an employee be afforded a hearing within fifteen (15) business days of the filing of his or her appeal if the employee alleges that he or she was terminated by a state agency for the following actions under § 21-1-603 : (i) Communicating in good faith to an appropriate authority: (a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or (b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state; (ii) Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review; (iii) Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or (iv) Reporting a loss of public funds under § 25-1-124 . (B) A hearing under subdivision (c)(1)(A) of this section shall take place before the occurrence of a state agency hearing pursuant to the grievance filed by the person. (C) (i) (a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section. (b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision. (ii) If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section.

(A) The procedure established under subsection (a) of this section shall provide without limitation that an employee be afforded a hearing within fifteen (15) business days of the filing of his or her appeal if the employee alleges that he or she was terminated by a state agency for the following actions under § 21-1-603 : (i) Communicating in good faith to an appropriate authority: (a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or (b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state; (ii) Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review; (iii) Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or (iv) Reporting a loss of public funds under § 25-1-124 .

(i) Communicating in good faith to an appropriate authority: (a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or (b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state;

(a) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or

(b) A violation or suspected violation of a law or rule adopted under the law of this state or a political subdivision of the state;

(ii) Participating or giving information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review;

(iii) Objecting to or refusing to carry out a directive that the employee reasonably believes violates a law or rule adopted under the authority of the laws of the state or a political subdivision of the state; or

(iv) Reporting a loss of public funds under § 25-1-124 .

(B) A hearing under subdivision (c)(1)(A) of this section shall take place before the occurrence of a state agency hearing pursuant to the grievance filed by the person.

(C) (i) (a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section. (b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision. (ii) If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section.

(i) (a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section. (b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision.

(a) An employee requesting a hearing under subdivision (c)(1)(A) of this section shall submit with his or her request for a hearing evidence that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section.

(b) Evidence under this subdivision (c)(1)(C)(i) that is confidential under § 21-1-607 or other provisions of law shall remain confidential when submitted in support of a request for a hearing or otherwise utilized in the appeal of the grievance decision.

(ii) If the person fails to demonstrate that he or she committed one (1) of the actions under subdivisions (c)(1)(A)(i)-(iv) of this section, the office shall not schedule a hearing under subdivision (c)(1)(A) of this section.

(2) If the employee demonstrates at the hearing that a reasonable person would conclude that the state agency terminated the employee as a result of the employee's activities under subdivisions (c)(1)(A)(i)-(iv) of this section, the employee shall be: (A) Reinstated to his or her position until the conclusion of the grievance review procedure under this section; or (B) Reinstated to his or her position and placed on administrative leave until the conclusion of the grievance review procedure under this section.

(A) Reinstated to his or her position until the conclusion of the grievance review procedure under this section; or

(B) Reinstated to his or her position and placed on administrative leave until the conclusion of the grievance review procedure under this section.

(3) An employee filing an appeal of a grievance decision under this section does not waive his or her right to file a claim under the Arkansas Whistle-Blower Act, § 21-1-601 et seq.

Amended by Act 2019, No. 1054,§ 1, eff. 7/24/2019.

Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 21-5-904 — AR Code / Title 21 / Chapter 5 / Subchapter 9 / Section 21-5-904
Administration of cafeteria plans
Status: in_force

(a) The Director of the Employee Benefits Division shall have administrative responsibility for developing, implementing, and maintaining cafeteria plans on behalf of state employees. (b) (1) This section shall not apply to separate cafeteria plans established by governmental entities prior to April 18, 2001. (2) However, the exempt governmental entities may choose to participate in a cafeteria plan established pursuant to this section. (c) The Arkansas State Police Employee Health Plan shall be exempt from any mandatory participation required by this section. (d) The Arkansas State Employees Association, Inc., shall: (1) Develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees; or (2) Contract by a competitive sealed bidding process with a designee to develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees. Amended by Act 2023, No. 533,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 533,§ 9, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2327, eff. 7/24/2019. Acts 1989, No. 389, § 1; 2001, No. 1814, §§ 3, 4.

(a) The Director of the Employee Benefits Division shall have administrative responsibility for developing, implementing, and maintaining cafeteria plans on behalf of state employees.

(b) (1) This section shall not apply to separate cafeteria plans established by governmental entities prior to April 18, 2001. (2) However, the exempt governmental entities may choose to participate in a cafeteria plan established pursuant to this section.

(1) This section shall not apply to separate cafeteria plans established by governmental entities prior to April 18, 2001.

(2) However, the exempt governmental entities may choose to participate in a cafeteria plan established pursuant to this section.

(c) The Arkansas State Police Employee Health Plan shall be exempt from any mandatory participation required by this section.

(d) The Arkansas State Employees Association, Inc., shall: (1) Develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees; or (2) Contract by a competitive sealed bidding process with a designee to develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees.

(1) Develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees; or

(2) Contract by a competitive sealed bidding process with a designee to develop and administer a cafeteria plan for voluntary products on behalf of eligible state employees.

Amended by Act 2023, No. 533,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 533,§ 9, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2327, eff. 7/24/2019.

Acts 1989, No. 389, § 1; 2001, No. 1814, §§ 3, 4.
Ark. Code Ann. § 21-5-406 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-406
Director - Staff
Status: in_force

(a) (1) The State Board of Finance shall choose the Director of the Employee Benefits Division with the approval of the Secretary of the Department of Transformation and Shared Services. (2) (A) The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary. (B) However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary. (3) The director shall employ staff adequate to manage the State and Public School Life and Health Insurance Program within the funds appropriated for the program within the Department of Transformation and Shared Services. (b) The director shall establish internal controls for the fiscal management of the program. (c) (1) The director and his or her staff shall be located in the Employee Benefits Division. (2) Funds collected from employers, participating employees, retirees, and any other sources for the program, including plan options offered under the program, shall be used solely to pay medical claims, drug claims, premiums, benefits, and direct administrative expenses of the program. (d) The director shall administer this subchapter and the rules and orders of the board. (e) (1) The director may require all participating entities to appoint health insurance representatives who shall adhere to the policies adopted by the board and the rules and procedures issued by the director in managing the enrollment and premium payment processes of the state agency or school district. (2) The director may request the removal of a health insurance representative to ensure necessary internal controls. (3) (A) The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable, except voluntary products or insurance procured under § 6-17-1115 . (B) The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising: (i) Life insurance coverage; (ii) Optional retirement programs; (iii) Deferred compensation; (iv) Cafeteria plans for products that are not voluntary products; and (v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees. (C) Except as authorized under § 19-4-1602 , the authority granted under subdivision (e)(3)(A) of this section does not include supervising the implementation and day-to-day management of a voluntary product made available to participants or insurance procured under § 6-17-1115 . (D) The director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division. (E) The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section. Amended by Act 2023, No. 533,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 1004,§ 16, eff. 4/28/2021. Amended by Act 2021, No. 1004,§ 15, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6141, eff. 7/1/2019. Amended by Act 2015, No. 1135,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 910,§ 3, eff. 7/22/2015. 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, §§ 7, 8; 1999, No. 1280, § 6; 2001, No. 1814, §§ 1, 4; 2007, No. 1009, § 6.

(a) (1) The State Board of Finance shall choose the Director of the Employee Benefits Division with the approval of the Secretary of the Department of Transformation and Shared Services. (2) (A) The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary. (B) However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary. (3) The director shall employ staff adequate to manage the State and Public School Life and Health Insurance Program within the funds appropriated for the program within the Department of Transformation and Shared Services.

(1) The State Board of Finance shall choose the Director of the Employee Benefits Division with the approval of the Secretary of the Department of Transformation and Shared Services.

(2) (A) The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary. (B) However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary.

(A) The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary.

(B) However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary.

(3) The director shall employ staff adequate to manage the State and Public School Life and Health Insurance Program within the funds appropriated for the program within the Department of Transformation and Shared Services.

(b) The director shall establish internal controls for the fiscal management of the program.

(c) (1) The director and his or her staff shall be located in the Employee Benefits Division. (2) Funds collected from employers, participating employees, retirees, and any other sources for the program, including plan options offered under the program, shall be used solely to pay medical claims, drug claims, premiums, benefits, and direct administrative expenses of the program.

(1) The director and his or her staff shall be located in the Employee Benefits Division.

(2) Funds collected from employers, participating employees, retirees, and any other sources for the program, including plan options offered under the program, shall be used solely to pay medical claims, drug claims, premiums, benefits, and direct administrative expenses of the program.

(d) The director shall administer this subchapter and the rules and orders of the board.

(e) (1) The director may require all participating entities to appoint health insurance representatives who shall adhere to the policies adopted by the board and the rules and procedures issued by the director in managing the enrollment and premium payment processes of the state agency or school district. (2) The director may request the removal of a health insurance representative to ensure necessary internal controls. (3) (A) The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable, except voluntary products or insurance procured under § 6-17-1115 . (B) The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising: (i) Life insurance coverage; (ii) Optional retirement programs; (iii) Deferred compensation; (iv) Cafeteria plans for products that are not voluntary products; and (v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees. (C) Except as authorized under § 19-4-1602 , the authority granted under subdivision (e)(3)(A) of this section does not include supervising the implementation and day-to-day management of a voluntary product made available to participants or insurance procured under § 6-17-1115 . (D) The director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division. (E) The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section.

(1) The director may require all participating entities to appoint health insurance representatives who shall adhere to the policies adopted by the board and the rules and procedures issued by the director in managing the enrollment and premium payment processes of the state agency or school district.

(2) The director may request the removal of a health insurance representative to ensure necessary internal controls.

(3) (A) The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable, except voluntary products or insurance procured under § 6-17-1115 . (B) The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising: (i) Life insurance coverage; (ii) Optional retirement programs; (iii) Deferred compensation; (iv) Cafeteria plans for products that are not voluntary products; and (v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees. (C) Except as authorized under § 19-4-1602 , the authority granted under subdivision (e)(3)(A) of this section does not include supervising the implementation and day-to-day management of a voluntary product made available to participants or insurance procured under § 6-17-1115 . (D) The director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division. (E) The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section.

(A) The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable, except voluntary products or insurance procured under § 6-17-1115 .

(B) The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising: (i) Life insurance coverage; (ii) Optional retirement programs; (iii) Deferred compensation; (iv) Cafeteria plans for products that are not voluntary products; and (v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees.

(i) Life insurance coverage;

(ii) Optional retirement programs;

(iii) Deferred compensation;

(iv) Cafeteria plans for products that are not voluntary products; and

(v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees.

(C) Except as authorized under § 19-4-1602 , the authority granted under subdivision (e)(3)(A) of this section does not include supervising the implementation and day-to-day management of a voluntary product made available to participants or insurance procured under § 6-17-1115 .

(D) The director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division.

(E) The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section.

Amended by Act 2023, No. 533,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 1004,§ 16, eff. 4/28/2021.

Amended by Act 2021, No. 1004,§ 15, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6141, eff. 7/1/2019.

Amended by Act 2015, No. 1135,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 910,§ 3, eff. 7/22/2015.

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, §§ 7, 8; 1999, No. 1280, § 6; 2001, No. 1814, §§ 1, 4; 2007, No. 1009, § 6.
Ark. Code Ann. § 21-8-1001 — AR Code / Title 21 / Chapter 8 / Subchapter 10 / Section 21-8-1001
Conflicts of interest
Status: in_force

(a) (1) No member of a state board or commission or board member of an entity receiving state funds shall participate in, vote on, influence, or attempt to influence an official decision if the member has a pecuniary interest in the matter under consideration by the board, commission, or entity. (2) A member of a state board or commission or board member of an entity receiving state funds may participate in, vote on, influence, or attempt to influence an official decision if the only pecuniary interest that may accrue to the member is incidental to his or her position or accrues to him or her as a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. (b) No member of a state board or commission or board member of an entity receiving state funds shall participate in any discussion or vote on a rule or regulation that exclusively benefits the member. Acts 1995, No. 1123, § 2; 2001, No. 1244, § 2.

(a) (1) No member of a state board or commission or board member of an entity receiving state funds shall participate in, vote on, influence, or attempt to influence an official decision if the member has a pecuniary interest in the matter under consideration by the board, commission, or entity. (2) A member of a state board or commission or board member of an entity receiving state funds may participate in, vote on, influence, or attempt to influence an official decision if the only pecuniary interest that may accrue to the member is incidental to his or her position or accrues to him or her as a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.

(1) No member of a state board or commission or board member of an entity receiving state funds shall participate in, vote on, influence, or attempt to influence an official decision if the member has a pecuniary interest in the matter under consideration by the board, commission, or entity.

(2) A member of a state board or commission or board member of an entity receiving state funds may participate in, vote on, influence, or attempt to influence an official decision if the only pecuniary interest that may accrue to the member is incidental to his or her position or accrues to him or her as a member of a profession, occupation, or large class to no greater extent than the pecuniary interest could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.

(b) No member of a state board or commission or board member of an entity receiving state funds shall participate in any discussion or vote on a rule or regulation that exclusively benefits the member.

Acts 1995, No. 1123, § 2; 2001, No. 1244, § 2.
Ark. Code Ann. § 21-8-607 — AR Code / Title 21 / Chapter 8 / Subchapter 6 / Section 21-8-607
Prohibited acts
Status: in_force

(a) No person shall purposely employ any lobbyist who is required to register as a registered lobbyist but is not registered pursuant to this chapter. (b) No person engaging in lobbying shall: (1) Influence or attempt to influence, by coercion, bribery, or threat of economic sanction, any public servant in the discharge of the duties of his or her office; (2) Purposely provide false information to any public servant as to any material fact pertaining to any legislative or administrative action; (3) Purposely omit, conceal, or falsify in any manner information required by the registration and lobbyist activity reports; (4) Contract to receive or accept compensation that is dependent in any manner upon: (A) The success or failure of a legislative or administrative action; or (B) The outcome of any executive, legislative, or administrative action relating to the solicitation or securing of a procurement contract; or (5) (A) Provide payment for food or beverages at any location or event at which the lobbyist is not present physically. (B) Subdivision (b)(5)(A) of this section shall not apply to a special event under § 21-8-402(20) . (c) (1) A person convicted of violating subsection (a) or subsection (b) of this section is: (A) Prohibited from acting as a registered lobbyist for a period of three (3) years from the date of the conviction; and (B) Subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). (2) Any person violating the three-year ban shall be deemed guilty of an additional violation of this subchapter. (d) Any person who acts as a lobbyist as defined by § 21-8-402(11) but purposely fails to register within five (5) days of beginning lobbying activities as required by § 21-8-601 is subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (e) (1) On a lobbyist registration form, a person acting as a lobbyist shall not: (A) Purposely provide false information; or (B) Purposely omit information. (2) A person who violates subdivision (e)(1) of this section shall: (A) Not be considered a registered lobbyist; and (B) Be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (f) A person convicted of three (3) or more violations of a provision of this subchapter shall be permanently prohibited from acting as a registered lobbyist in this state. (g) An expunged record shall not serve as the basis for disqualification under this section. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 2009, No. 963, § 2.

(a) No person shall purposely employ any lobbyist who is required to register as a registered lobbyist but is not registered pursuant to this chapter.

(b) No person engaging in lobbying shall: (1) Influence or attempt to influence, by coercion, bribery, or threat of economic sanction, any public servant in the discharge of the duties of his or her office; (2) Purposely provide false information to any public servant as to any material fact pertaining to any legislative or administrative action; (3) Purposely omit, conceal, or falsify in any manner information required by the registration and lobbyist activity reports; (4) Contract to receive or accept compensation that is dependent in any manner upon: (A) The success or failure of a legislative or administrative action; or (B) The outcome of any executive, legislative, or administrative action relating to the solicitation or securing of a procurement contract; or (5) (A) Provide payment for food or beverages at any location or event at which the lobbyist is not present physically. (B) Subdivision (b)(5)(A) of this section shall not apply to a special event under § 21-8-402(20) .

(1) Influence or attempt to influence, by coercion, bribery, or threat of economic sanction, any public servant in the discharge of the duties of his or her office;

(2) Purposely provide false information to any public servant as to any material fact pertaining to any legislative or administrative action;

(3) Purposely omit, conceal, or falsify in any manner information required by the registration and lobbyist activity reports;

(4) Contract to receive or accept compensation that is dependent in any manner upon: (A) The success or failure of a legislative or administrative action; or (B) The outcome of any executive, legislative, or administrative action relating to the solicitation or securing of a procurement contract; or

(A) The success or failure of a legislative or administrative action; or

(B) The outcome of any executive, legislative, or administrative action relating to the solicitation or securing of a procurement contract; or

(5) (A) Provide payment for food or beverages at any location or event at which the lobbyist is not present physically. (B) Subdivision (b)(5)(A) of this section shall not apply to a special event under § 21-8-402(20) .

(A) Provide payment for food or beverages at any location or event at which the lobbyist is not present physically.

(B) Subdivision (b)(5)(A) of this section shall not apply to a special event under § 21-8-402(20) .

(c) (1) A person convicted of violating subsection (a) or subsection (b) of this section is: (A) Prohibited from acting as a registered lobbyist for a period of three (3) years from the date of the conviction; and (B) Subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). (2) Any person violating the three-year ban shall be deemed guilty of an additional violation of this subchapter.

(1) A person convicted of violating subsection (a) or subsection (b) of this section is: (A) Prohibited from acting as a registered lobbyist for a period of three (3) years from the date of the conviction; and (B) Subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

(A) Prohibited from acting as a registered lobbyist for a period of three (3) years from the date of the conviction; and

(B) Subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

(2) Any person violating the three-year ban shall be deemed guilty of an additional violation of this subchapter.

(d) Any person who acts as a lobbyist as defined by § 21-8-402(11) but purposely fails to register within five (5) days of beginning lobbying activities as required by § 21-8-601 is subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

(e) (1) On a lobbyist registration form, a person acting as a lobbyist shall not: (A) Purposely provide false information; or (B) Purposely omit information. (2) A person who violates subdivision (e)(1) of this section shall: (A) Not be considered a registered lobbyist; and (B) Be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

(1) On a lobbyist registration form, a person acting as a lobbyist shall not: (A) Purposely provide false information; or (B) Purposely omit information.

(A) Purposely provide false information; or

(B) Purposely omit information.

(2) A person who violates subdivision (e)(1) of this section shall: (A) Not be considered a registered lobbyist; and (B) Be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

(A) Not be considered a registered lobbyist; and

(B) Be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

(f) A person convicted of three (3) or more violations of a provision of this subchapter shall be permanently prohibited from acting as a registered lobbyist in this state.

(g) An expunged record shall not serve as the basis for disqualification under this section.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 2009, No. 963, § 2.
Ark. Code Ann. § 21-1-601 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Whistle-Blower Act". Acts 1999, No. 1523, § 1.

This subchapter shall be known and may be cited as the "Arkansas Whistle-Blower Act".

Acts 1999, No. 1523, § 1.
Ark. Code Ann. § 21-5-704 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-704
Payment of claim to covered public employees, their designated beneficiaries, or their survivors - Funds - Definition
Status: in_force

(a) (1) (A) The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award: (i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse; (iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or (iv) If the covered public employee is unmarried at the date of his or her death: (a) The covered public employee's surviving dependent children split the award in equal shares; (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children. (B) In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance: (i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse; (iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or (iv) If the deceased police officer or firefighter is unmarried at the date of his or her death: (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares; (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children. (2) (A) If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability. (B) Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission. (b) (1) All allowances as provided for in this section for the designated beneficiary, surviving spouse, surviving children, or surviving parents of covered public employees killed while performing official duties, or allowances provided covered public employees who are totally and permanently disabled while performing official duties, shall be paid totally from state funds appropriated therefor. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes. (B) (i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account. (ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment. (c) It is the intent of this subchapter that twenty-five thousand dollars ($25,000) of the total obligation of providing the benefits provided by this subchapter, even though the funds are to be administered by the Arkansas State Claims Commission, are to be defrayed from state funds and are not to be charged against, or recovered against, any turnback moneys due the cities or counties of this state or allocated to the state highway system of this state or to the Division of Correction or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund. (d) (1) A person who claims a benefit under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent. (2) If a person who claims a benefit fails to list all known surviving children as required by subdivision (d)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings. (e) As used in this section, "surviving dependent children" means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority. Amended by Act 2019, No. 785,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1002, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1001, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 74, eff. 8/1/2017. Acts 1969, No. 43, § 2; 1973, No. 150, § 1; 1973, No. 399, § 2; 1977, No. 936, § 2; 1981, No. 890, § 2; 1985, No. 839, § 1; A.S.A. 1947, § 12-2348; Acts 1987, No. 349, § 2; 1989, No. 15, §§ 1, 2; 1989, No. 345, § 2; 1997, No. 547, § 4; 2009, No. 1313, §§ 1, 4.

(a) (1) (A) The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award: (i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse; (iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or (iv) If the covered public employee is unmarried at the date of his or her death: (a) The covered public employee's surviving dependent children split the award in equal shares; (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children. (B) In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance: (i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse; (iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or (iv) If the deceased police officer or firefighter is unmarried at the date of his or her death: (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares; (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children. (2) (A) If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability. (B) Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission.

(1) (A) The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award: (i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse; (iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or (iv) If the covered public employee is unmarried at the date of his or her death: (a) The covered public employee's surviving dependent children split the award in equal shares; (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children. (B) In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance: (i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse; (iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or (iv) If the deceased police officer or firefighter is unmarried at the date of his or her death: (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares; (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.

(A) The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award: (i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse; (iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or (iv) If the covered public employee is unmarried at the date of his or her death: (a) The covered public employee's surviving dependent children split the award in equal shares; (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children.

(i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee;

(ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse;

(iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or

(iv) If the covered public employee is unmarried at the date of his or her death: (a) The covered public employee's surviving dependent children split the award in equal shares; (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children.

(a) The covered public employee's surviving dependent children split the award in equal shares;

(b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or

(c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children.

(B) In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance: (i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee; (ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse; (iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or (iv) If the deceased police officer or firefighter is unmarried at the date of his or her death: (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares; (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.

(i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee;

(ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse;

(iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or

(iv) If the deceased police officer or firefighter is unmarried at the date of his or her death: (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares; (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.

(a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares;

(b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or

(c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.

(2) (A) If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability. (B) Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission.

(A) If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability.

(B) Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission.

(b) (1) All allowances as provided for in this section for the designated beneficiary, surviving spouse, surviving children, or surviving parents of covered public employees killed while performing official duties, or allowances provided covered public employees who are totally and permanently disabled while performing official duties, shall be paid totally from state funds appropriated therefor. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes. (B) (i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account. (ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(1) All allowances as provided for in this section for the designated beneficiary, surviving spouse, surviving children, or surviving parents of covered public employees killed while performing official duties, or allowances provided covered public employees who are totally and permanently disabled while performing official duties, shall be paid totally from state funds appropriated therefor.

(2) (A) Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes. (B) (i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account. (ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(A) Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes.

(B) (i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account. (ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account.

(ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(c) It is the intent of this subchapter that twenty-five thousand dollars ($25,000) of the total obligation of providing the benefits provided by this subchapter, even though the funds are to be administered by the Arkansas State Claims Commission, are to be defrayed from state funds and are not to be charged against, or recovered against, any turnback moneys due the cities or counties of this state or allocated to the state highway system of this state or to the Division of Correction or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund.

(d) (1) A person who claims a benefit under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent. (2) If a person who claims a benefit fails to list all known surviving children as required by subdivision (d)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.

(1) A person who claims a benefit under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent.

(A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and

(B) Discloses the existence of any last will and testament of the decedent.

(2) If a person who claims a benefit fails to list all known surviving children as required by subdivision (d)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.

(e) As used in this section, "surviving dependent children" means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.

Amended by Act 2019, No. 785,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1002, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1001, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 74, eff. 8/1/2017.

Acts 1969, No. 43, § 2; 1973, No. 150, § 1; 1973, No. 399, § 2; 1977, No. 936, § 2; 1981, No. 890, § 2; 1985, No. 839, § 1; A.S.A. 1947, § 12-2348; Acts 1987, No. 349, § 2; 1989, No. 15, §§ 1, 2; 1989, No. 345, § 2; 1997, No. 547, § 4; 2009, No. 1313, §§ 1, 4.
Ark. Code Ann. § 21-13-111 — AR Code / Title 21 / Chapter 13 / Section 21-13-111
State income tax deductions - Definition
Status: in_force

(a) In computing net income for the purpose of the Arkansas income tax levied by § 26-51-201 , there shall be allowed as deductions, in addition to all other deductions allowed by law: (1) (A) A deduction for mileage for necessary travel in connection with voluntary service to a department, at the rate provided by law or appropriate travel rule applicable to travel made by paid employees of a department for a volunteer who uses his or her personal motor vehicles for official travel, for which the volunteer has not received reimbursement from public funds; and (B) A deduction for unreimbursed meals, lodging, and transportation other than mileage as noted above, or other out-of-pocket expenses incurred by the volunteer in voluntary service to a department for which he or she has not received reimbursement from public funds, but which would be reimbursable if incurred by paid employees of a department acting within the scope of their employment; and (2) (A) A deduction for mileage traveled in the use of a personal motor vehicle and for expenses incurred for meals, lodging, and transportation expenses other than mileage, and other out-of-pocket expenses incurred by a volunteer for volunteer work for a charitable organization for which reimbursement has not been received shall be allowed in the same amount and for the same purposes as now allowed under the state income tax laws applicable to business expenses. (B) As used in this subdivision (a)(2), "charitable organization" shall include, in addition to a department, any private nonprofit corporation, association, or group which is recognized by the laws of this state as performing a nonprofit charitable purpose benefiting citizens of this state. (b) It is the purpose and intent of this section that deduction for expenses incurred by volunteers in connection with the performance of voluntary services for charitable organizations in this state and for public agencies and departments as authorized in this chapter shall be deductible in computing net income under the Arkansas individual income tax law, for the same purposes and in the same manner as now provided by the state income tax law applicable to business expenses in computing net income for state income tax purposes. Amended by Act 2019, No. 315,§ 2338, eff. 7/24/2019. Acts 1981, No. 42, § 7; A.S.A. 1947, § 12-3707.

(a) In computing net income for the purpose of the Arkansas income tax levied by § 26-51-201 , there shall be allowed as deductions, in addition to all other deductions allowed by law: (1) (A) A deduction for mileage for necessary travel in connection with voluntary service to a department, at the rate provided by law or appropriate travel rule applicable to travel made by paid employees of a department for a volunteer who uses his or her personal motor vehicles for official travel, for which the volunteer has not received reimbursement from public funds; and (B) A deduction for unreimbursed meals, lodging, and transportation other than mileage as noted above, or other out-of-pocket expenses incurred by the volunteer in voluntary service to a department for which he or she has not received reimbursement from public funds, but which would be reimbursable if incurred by paid employees of a department acting within the scope of their employment; and (2) (A) A deduction for mileage traveled in the use of a personal motor vehicle and for expenses incurred for meals, lodging, and transportation expenses other than mileage, and other out-of-pocket expenses incurred by a volunteer for volunteer work for a charitable organization for which reimbursement has not been received shall be allowed in the same amount and for the same purposes as now allowed under the state income tax laws applicable to business expenses. (B) As used in this subdivision (a)(2), "charitable organization" shall include, in addition to a department, any private nonprofit corporation, association, or group which is recognized by the laws of this state as performing a nonprofit charitable purpose benefiting citizens of this state.

(1) (A) A deduction for mileage for necessary travel in connection with voluntary service to a department, at the rate provided by law or appropriate travel rule applicable to travel made by paid employees of a department for a volunteer who uses his or her personal motor vehicles for official travel, for which the volunteer has not received reimbursement from public funds; and (B) A deduction for unreimbursed meals, lodging, and transportation other than mileage as noted above, or other out-of-pocket expenses incurred by the volunteer in voluntary service to a department for which he or she has not received reimbursement from public funds, but which would be reimbursable if incurred by paid employees of a department acting within the scope of their employment; and

(A) A deduction for mileage for necessary travel in connection with voluntary service to a department, at the rate provided by law or appropriate travel rule applicable to travel made by paid employees of a department for a volunteer who uses his or her personal motor vehicles for official travel, for which the volunteer has not received reimbursement from public funds; and

(B) A deduction for unreimbursed meals, lodging, and transportation other than mileage as noted above, or other out-of-pocket expenses incurred by the volunteer in voluntary service to a department for which he or she has not received reimbursement from public funds, but which would be reimbursable if incurred by paid employees of a department acting within the scope of their employment; and

(2) (A) A deduction for mileage traveled in the use of a personal motor vehicle and for expenses incurred for meals, lodging, and transportation expenses other than mileage, and other out-of-pocket expenses incurred by a volunteer for volunteer work for a charitable organization for which reimbursement has not been received shall be allowed in the same amount and for the same purposes as now allowed under the state income tax laws applicable to business expenses. (B) As used in this subdivision (a)(2), "charitable organization" shall include, in addition to a department, any private nonprofit corporation, association, or group which is recognized by the laws of this state as performing a nonprofit charitable purpose benefiting citizens of this state.

(A) A deduction for mileage traveled in the use of a personal motor vehicle and for expenses incurred for meals, lodging, and transportation expenses other than mileage, and other out-of-pocket expenses incurred by a volunteer for volunteer work for a charitable organization for which reimbursement has not been received shall be allowed in the same amount and for the same purposes as now allowed under the state income tax laws applicable to business expenses.

(B) As used in this subdivision (a)(2), "charitable organization" shall include, in addition to a department, any private nonprofit corporation, association, or group which is recognized by the laws of this state as performing a nonprofit charitable purpose benefiting citizens of this state.

(b) It is the purpose and intent of this section that deduction for expenses incurred by volunteers in connection with the performance of voluntary services for charitable organizations in this state and for public agencies and departments as authorized in this chapter shall be deductible in computing net income under the Arkansas individual income tax law, for the same purposes and in the same manner as now provided by the state income tax law applicable to business expenses in computing net income for state income tax purposes.

Amended by Act 2019, No. 315,§ 2338, eff. 7/24/2019.

Acts 1981, No. 42, § 7; A.S.A. 1947, § 12-3707.
Ark. Code Ann. § 21-14-107 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-107
Signature - Seal
Status: in_force

(a) (1) At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certificate. (2) The official signature is the signature on file with the Secretary of State at the time of signing. (3) A notary public may refuse to perform a notarial act for any reason, including when the principal: (A) Does not appear to understand the nature of the transaction that requires the notarial act; (B) Does not appear to be acting of his or her own free will; (C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or (D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public. (4) (A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is: (i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and (ii) Witnessed by at least one (1) disinterested person. (B) The notary public shall write below a signature by mark: "Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)". (5) When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if: (A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses; (B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses; (C) Each disinterested witness signs his or her own name beside the signature; (D) The notary public writes below the signature: "Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)"; and (E) The notary public notarizes the required notarial certificate. (b) (1) Under or near a notary public's official signature on every notary certificate, the notary public shall provide a seal of his or her office in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction. (2) The seal shall include: (A) The notary public's name exactly as he or she writes his or her official signature; (B) The name of the county where the notary public's bond is filed; (C) The words "notary public" and "Arkansas"; (D) The date upon which the notary public's commission expires; and (E) The notary public's commission number issued by the Secretary of State if the notary public has been issued a commission number. (c) A notary seal shall not include the Seal of the State of Arkansas or an outline of the state. (d) The seal and certificate of the notary public commission are the exclusive property of the notary public and must be kept in the exclusive control of the notary public. (e) The seal and certificate of the notary public commission shall not be surrendered to an employer upon termination of employment, regardless of whether or not the employer paid for the seal or for the commission. (f) (1) (A) For a notarial act involving a document, a notary public shall complete a notarial certificate that is worded in English. (B) The notarial certificate shall include: (i) The official signature of the notary public as described in subdivision (a)(1) of this section; (ii) The official seal of the notary as described in subdivision (b)(1) of this section; (iii) The venue of the notarial act, including the name of the state and county; and (iv) The date of the notarial act. (2) A notarial certificate is incomplete if: (A) The information within the notarial certificate is known or believed by the notary public to be false; (B) A notary public affixes an official signature or seal on a notarial certificate that is incomplete under subsection (a) or subsection (b) of this section; (C) An official signature or seal on a notarial certificate is known to be executed at a time when the principal or signer was not present; or (D) A signed or sealed notarial certificate is executed with the understanding that the notarial certificate will be completed or attached to a document outside of the presence of the notary public. Amended by Act 2017, No. 537,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 492,§ 4, eff. 8/16/2013. Rev. Stat., ch. 104, § 7; C. & M. Dig., § 7976; Pope's Dig., § 10369; Acts 1981, No. 672, § 2; A.S.A. 1947, § 12-1402; Acts 2001, No. 1274, § 4; 2005, No. 1962, § 104; 2005, No. 2274, § 2.

(a) (1) At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certificate. (2) The official signature is the signature on file with the Secretary of State at the time of signing. (3) A notary public may refuse to perform a notarial act for any reason, including when the principal: (A) Does not appear to understand the nature of the transaction that requires the notarial act; (B) Does not appear to be acting of his or her own free will; (C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or (D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public. (4) (A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is: (i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and (ii) Witnessed by at least one (1) disinterested person. (B) The notary public shall write below a signature by mark: "Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)". (5) When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if: (A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses; (B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses; (C) Each disinterested witness signs his or her own name beside the signature; (D) The notary public writes below the signature: "Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)"; and (E) The notary public notarizes the required notarial certificate.

(1) At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certificate.

(2) The official signature is the signature on file with the Secretary of State at the time of signing.

(3) A notary public may refuse to perform a notarial act for any reason, including when the principal: (A) Does not appear to understand the nature of the transaction that requires the notarial act; (B) Does not appear to be acting of his or her own free will; (C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or (D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public.

(A) Does not appear to understand the nature of the transaction that requires the notarial act;

(B) Does not appear to be acting of his or her own free will;

(C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or

(D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public.

(4) (A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is: (i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and (ii) Witnessed by at least one (1) disinterested person. (B) The notary public shall write below a signature by mark: "Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)".

(A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is: (i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and (ii) Witnessed by at least one (1) disinterested person.

(i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and

(ii) Witnessed by at least one (1) disinterested person.

(B) The notary public shall write below a signature by mark: "Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)".

"Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)".

(5) When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if: (A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses; (B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses; (C) Each disinterested witness signs his or her own name beside the signature; (D) The notary public writes below the signature: "Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)"; and (E) The notary public notarizes the required notarial certificate.

(A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses;

(B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses;

(C) Each disinterested witness signs his or her own name beside the signature;

(D) The notary public writes below the signature: "Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)"; and

"Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)"; and

(E) The notary public notarizes the required notarial certificate.

(b) (1) Under or near a notary public's official signature on every notary certificate, the notary public shall provide a seal of his or her office in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction. (2) The seal shall include: (A) The notary public's name exactly as he or she writes his or her official signature; (B) The name of the county where the notary public's bond is filed; (C) The words "notary public" and "Arkansas"; (D) The date upon which the notary public's commission expires; and (E) The notary public's commission number issued by the Secretary of State if the notary public has been issued a commission number.

(1) Under or near a notary public's official signature on every notary certificate, the notary public shall provide a seal of his or her office in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction.

(2) The seal shall include: (A) The notary public's name exactly as he or she writes his or her official signature; (B) The name of the county where the notary public's bond is filed; (C) The words "notary public" and "Arkansas"; (D) The date upon which the notary public's commission expires; and (E) The notary public's commission number issued by the Secretary of State if the notary public has been issued a commission number.

(A) The notary public's name exactly as he or she writes his or her official signature;

(B) The name of the county where the notary public's bond is filed;

(C) The words "notary public" and "Arkansas";

(D) The date upon which the notary public's commission expires; and

(E) The notary public's commission number issued by the Secretary of State if the notary public has been issued a commission number.

(c) A notary seal shall not include the Seal of the State of Arkansas or an outline of the state.

(d) The seal and certificate of the notary public commission are the exclusive property of the notary public and must be kept in the exclusive control of the notary public.

(e) The seal and certificate of the notary public commission shall not be surrendered to an employer upon termination of employment, regardless of whether or not the employer paid for the seal or for the commission.

(f) (1) (A) For a notarial act involving a document, a notary public shall complete a notarial certificate that is worded in English. (B) The notarial certificate shall include: (i) The official signature of the notary public as described in subdivision (a)(1) of this section; (ii) The official seal of the notary as described in subdivision (b)(1) of this section; (iii) The venue of the notarial act, including the name of the state and county; and (iv) The date of the notarial act. (2) A notarial certificate is incomplete if: (A) The information within the notarial certificate is known or believed by the notary public to be false; (B) A notary public affixes an official signature or seal on a notarial certificate that is incomplete under subsection (a) or subsection (b) of this section; (C) An official signature or seal on a notarial certificate is known to be executed at a time when the principal or signer was not present; or (D) A signed or sealed notarial certificate is executed with the understanding that the notarial certificate will be completed or attached to a document outside of the presence of the notary public.

(1) (A) For a notarial act involving a document, a notary public shall complete a notarial certificate that is worded in English. (B) The notarial certificate shall include: (i) The official signature of the notary public as described in subdivision (a)(1) of this section; (ii) The official seal of the notary as described in subdivision (b)(1) of this section; (iii) The venue of the notarial act, including the name of the state and county; and (iv) The date of the notarial act.

(A) For a notarial act involving a document, a notary public shall complete a notarial certificate that is worded in English.

(B) The notarial certificate shall include: (i) The official signature of the notary public as described in subdivision (a)(1) of this section; (ii) The official seal of the notary as described in subdivision (b)(1) of this section; (iii) The venue of the notarial act, including the name of the state and county; and (iv) The date of the notarial act.

(i) The official signature of the notary public as described in subdivision (a)(1) of this section;

(ii) The official seal of the notary as described in subdivision (b)(1) of this section;

(iii) The venue of the notarial act, including the name of the state and county; and

(iv) The date of the notarial act.

(2) A notarial certificate is incomplete if: (A) The information within the notarial certificate is known or believed by the notary public to be false; (B) A notary public affixes an official signature or seal on a notarial certificate that is incomplete under subsection (a) or subsection (b) of this section; (C) An official signature or seal on a notarial certificate is known to be executed at a time when the principal or signer was not present; or (D) A signed or sealed notarial certificate is executed with the understanding that the notarial certificate will be completed or attached to a document outside of the presence of the notary public.

(A) The information within the notarial certificate is known or believed by the notary public to be false;

(B) A notary public affixes an official signature or seal on a notarial certificate that is incomplete under subsection (a) or subsection (b) of this section;

(C) An official signature or seal on a notarial certificate is known to be executed at a time when the principal or signer was not present; or

(D) A signed or sealed notarial certificate is executed with the understanding that the notarial certificate will be completed or attached to a document outside of the presence of the notary public.

Amended by Act 2017, No. 537,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 492,§ 4, eff. 8/16/2013.

Rev. Stat., ch. 104, § 7; C. & M. Dig., § 7976; Pope's Dig., § 10369; Acts 1981, No. 672, § 2; A.S.A. 1947, § 12-1402; Acts 2001, No. 1274, § 4; 2005, No. 1962, § 104; 2005, No. 2274, § 2.
Ark. Code Ann. § 21-11-104 — AR Code / Title 21 / Chapter 11 / Section 21-11-104
Rules - Procedure for submission of suggestions
Status: in_force

(a) The Secretary of the Department of Transformation and Shared Services, or his or her designee, is directed to develop and adopt rules in accordance with this chapter for the administration of the Employee Suggestion System. (b) (1) The rules shall provide for the direct submission of all suggestions to the Office of Personnel Management's Employee Suggestion System for determination of eligibility under the rules as authorized in this section. (2) Eligible suggestions will be forwarded to the secretary, or to the secretary's designated representative, for evaluation of proper merit. (3) The names of individuals who make suggestions shall be kept confidential unless such person is granted an award under this chapter. Amended by Act 2019, No. 315,§ 2334, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6151, eff. 7/1/2019. Acts 1981, No. 856, § 4; A.S.A. 1947, § 12-4003.

(a) The Secretary of the Department of Transformation and Shared Services, or his or her designee, is directed to develop and adopt rules in accordance with this chapter for the administration of the Employee Suggestion System.

(b) (1) The rules shall provide for the direct submission of all suggestions to the Office of Personnel Management's Employee Suggestion System for determination of eligibility under the rules as authorized in this section. (2) Eligible suggestions will be forwarded to the secretary, or to the secretary's designated representative, for evaluation of proper merit. (3) The names of individuals who make suggestions shall be kept confidential unless such person is granted an award under this chapter.

(1) The rules shall provide for the direct submission of all suggestions to the Office of Personnel Management's Employee Suggestion System for determination of eligibility under the rules as authorized in this section.

(2) Eligible suggestions will be forwarded to the secretary, or to the secretary's designated representative, for evaluation of proper merit.

(3) The names of individuals who make suggestions shall be kept confidential unless such person is granted an award under this chapter.

Amended by Act 2019, No. 315,§ 2334, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6151, eff. 7/1/2019.

Acts 1981, No. 856, § 4; A.S.A. 1947, § 12-4003.
Ark. Code Ann. § 21-6-304 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-304
Coroners
Status: in_force

(a) (1) Coroners shall be allowed fees as follows: (A) For viewing a dead body in case of inquisition of death ............... ............... $ 7.50 (B) For summoning each witness ............... .50 (C) For each deposition duly taken and returned ............... .50 (D) For summoning and swearing jury, taking and returning inquisition ............... 25.00 (E) For taking each recognizance ............... .50 (F) For arresting any person whom, according to the inquisition or otherwise, he or she may be bound to arrest ............... 1.00 (G) For going from his or her residence to the place of viewing a dead body and returning, each mile ............... .20 (H) For each mile traveled in arresting any person and committing such person ............... .20 (I) For each and every mile traveled in answering call wherein inquest is found not necessary, each mile ............... .05 (J) For each and every day for making the call and report to the circuit clerk where inquest is found not necessary ............... 5.00. (2) Such fees, together with the fees of the jurors and witnesses, shall be paid out of the county treasury as other demands. (b) For performing the duties of sheriff, the coroner shall be entitled to the same fees for the time being as are allowed to sheriffs for such services. Acts 1875, No. 77, § 26, p. 167; 1875 (Adj. Sess.), No. 58, § 9, p. 103; C. & M. Dig., § 4593; Pope's Dig., § 5681; Acts 1945, No. 271, § 2; 1953, No. 178, § 1; 1959, No. 38, § 1; A.S.A. 1947, § 12-1727.

(a) (1) Coroners shall be allowed fees as follows: (A) For viewing a dead body in case of inquisition of death ............... ............... $ 7.50 (B) For summoning each witness ............... .50 (C) For each deposition duly taken and returned ............... .50 (D) For summoning and swearing jury, taking and returning inquisition ............... 25.00 (E) For taking each recognizance ............... .50 (F) For arresting any person whom, according to the inquisition or otherwise, he or she may be bound to arrest ............... 1.00 (G) For going from his or her residence to the place of viewing a dead body and returning, each mile ............... .20 (H) For each mile traveled in arresting any person and committing such person ............... .20 (I) For each and every mile traveled in answering call wherein inquest is found not necessary, each mile ............... .05 (J) For each and every day for making the call and report to the circuit clerk where inquest is found not necessary ............... 5.00. (2) Such fees, together with the fees of the jurors and witnesses, shall be paid out of the county treasury as other demands.

(1) Coroners shall be allowed fees as follows: (A) For viewing a dead body in case of inquisition of death ............... ............... $ 7.50 (B) For summoning each witness ............... .50 (C) For each deposition duly taken and returned ............... .50 (D) For summoning and swearing jury, taking and returning inquisition ............... 25.00 (E) For taking each recognizance ............... .50 (F) For arresting any person whom, according to the inquisition or otherwise, he or she may be bound to arrest ............... 1.00 (G) For going from his or her residence to the place of viewing a dead body and returning, each mile ............... .20 (H) For each mile traveled in arresting any person and committing such person ............... .20 (I) For each and every mile traveled in answering call wherein inquest is found not necessary, each mile ............... .05 (J) For each and every day for making the call and report to the circuit clerk where inquest is found not necessary ............... 5.00.

(A) For viewing a dead body in case of inquisition of death ............... ............... $ 7.50

(B) For summoning each witness ............... .50

(C) For each deposition duly taken and returned ............... .50

(D) For summoning and swearing jury, taking and returning inquisition ............... 25.00

(E) For taking each recognizance ............... .50

(F) For arresting any person whom, according to the inquisition or otherwise, he or she may be bound to arrest ............... 1.00

(G) For going from his or her residence to the place of viewing a dead body and returning, each mile ............... .20

(H) For each mile traveled in arresting any person and committing such person ............... .20

(I) For each and every mile traveled in answering call wherein inquest is found not necessary, each mile ............... .05

(J) For each and every day for making the call and report to the circuit clerk where inquest is found not necessary ............... 5.00.

(2) Such fees, together with the fees of the jurors and witnesses, shall be paid out of the county treasury as other demands.

(b) For performing the duties of sheriff, the coroner shall be entitled to the same fees for the time being as are allowed to sheriffs for such services.

Acts 1875, No. 77, § 26, p. 167; 1875 (Adj. Sess.), No. 58, § 9, p. 103; C. & M. Dig., § 4593; Pope's Dig., § 5681; Acts 1945, No. 271, § 2; 1953, No. 178, § 1; 1959, No. 38, § 1; A.S.A. 1947, § 12-1727.
Ark. Code Ann. § 21-15-112 — AR Code / Title 21 / Chapter 15 / Section 21-15-112
Incumbent employees in designated financial or information technology positions
Status: in_force

(a) (1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005. (2) An incumbent employee in a designated financial or information technology position shall have a subsequent criminal background check within five (5) years of the initial criminal background check and every five (5) years thereafter. (3) (A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency. (B) The state agency shall: (i) 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 (ii) Pay any fee associated with the criminal history check on behalf of the employee. (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 employee upon receiving a criminal history check request from a state agency. (2) If the state agency can verify that the employee has been employed by a state agency in a designated financial or information technology position within sixty (60) days before applying for the criminal background check or has lived continuously in the State of Arkansas for the previous five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (c) (1) Upon completion of a criminal history check on an employee, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the employee is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an employee is disqualified from employment, then the state agency shall discharge the employee. (d) If 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) A state agency shall inform all employees in designated financial or information technology positions that: (1) Continued employment is contingent upon the results of a criminal history check; and (2) The employee has the right to obtain a copy of his or her criminal history report from the bureau. (f) An expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in this subsection shall not be considered a conviction or plea of guilty or nolo contendere to the offense. A state agency shall discharge from employment an employee in a designated financial or information technology position who has pleaded guilty or nolo contendere to, or has 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) Robbery, as prohibited in § 5-12-102 ; (2) Aggravated robbery, as prohibited in § 5-12-103 ; (3) Soliciting money or property from incompetents, as prohibited in § 5-27-229 ; (4) Theft of property, as prohibited in § 5-36-103 ; (5) Theft by receiving, as prohibited in § 5-36-106 ; (6) Theft of property lost, mislaid, or delivered by mistake, as prohibited in § 5-36-105 ; (7) Theft of leased, rented, or entrusted personal property, as prohibited in § 5-36-115 ; (8) Shoplifting, as prohibited in § 5-36-116 ; (9) Embezzlement by officer or employee of certain institutions, as prohibited in § 5-36-118 [repealed]; (10) Theft of public benefits, as prohibited in § 5-36-202 ; (11) Theft of wireless service, as prohibited in § 5-36-303 ; (12) Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services, as prohibited in § 5-36-304 ; (13) Any offense involving theft detection devices, as prohibited in §§ 5-36-401 - 5-36-405 ; (14) Forgery, as prohibited in § 5-37-201 ; (15) Falsifying business records, as prohibited in § 5-37-202 ; (16) Defrauding secured creditors, as prohibited in § 5-37-203 ; (17) Fraud in insolvency, as prohibited in § 5-37-204 ; (18) Issuing a false financial statement, as prohibited in § 5-37-205 ; (19) Receiving deposits in a failing financial institution, as prohibited in § 5-37-206 ; (20) Fraudulent use of a credit card or debit card, as prohibited in § 5-37-207 ; (21) Criminal impersonation, as prohibited in § 5-37-208 ; (22) Criminal possession of a forgery device, as prohibited in § 5-37-209 ; (23) Obtaining signature by deception, as prohibited in § 5-37-210 ; (24) Defrauding judgment creditors, as prohibited in § 5-37-211 ; (25) Unlawfully using slugs, as prohibited in § 5-37-212 ; (26) Criminal simulation, as prohibited in § 5-37-213 ; (27) Use of false transcript, diploma, or grade report from postsecondary educational institution, as prohibited in § 5-37-225 ; (28) Financial identity fraud, as prohibited in § 5-37-227 ; (29) Any offense violating the Arkansas Hot Check Law, as prohibited in § 5-37-301 et seq.; (30) Theft of communication services, as prohibited in § 5-37-402 ; (31) Criminal mischief in the first degree, as prohibited in § 5-38-203 ; (32) Residential or commercial burglary, as prohibited in § 5-39-201 ; (33) Breaking or entering, as prohibited in § 5-39-202 ; (34) Computer fraud, as prohibited in § 5-41-103 ; (35) Computer trespass, as prohibited in § 5-41-104 ; (36) Any offense involving computer crime, as prohibited in §§ 5-41-201 - 5-41-206 ; (37) Criminal use of property or laundering criminal proceeds, as prohibited in § 5-42-204 ; (38) Any offense involving corruption in public office, as prohibited in §§ 5-52-101 - 5-52-108 ; (39) Tampering with a public record, as prohibited in § 5-54-121 ; (40) Criminal acts constituting Medicaid fraud, as prohibited in § 5-55-111 ; (41) Any offense involving illegal food coupons, as prohibited in §§ 5-55-201 - 5-55-205 ; (42) Engaging in a continuing criminal gang, organization, or enterprise, as prohibited in § 5-74-104 ; or (43) 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. Acts 2005, No. 1422, § 3; 2007, No. 991, § 8; 2009, No. 252, § 5.

(a) (1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005. (2) An incumbent employee in a designated financial or information technology position shall have a subsequent criminal background check within five (5) years of the initial criminal background check and every five (5) years thereafter. (3) (A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency. (B) The state agency shall: (i) 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 (ii) Pay any fee associated with the criminal history check on behalf of the employee.

(1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005.

(2) An incumbent employee in a designated financial or information technology position shall have a subsequent criminal background check within five (5) years of the initial criminal background check and every five (5) years thereafter.

(3) (A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency. (B) The state agency shall: (i) 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 (ii) Pay any fee associated with the criminal history check on behalf of the employee.

(A) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated financial or information technology position shall complete a criminal history check form and shall submit the form to the state agency.

(B) The state agency shall: (i) 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 (ii) Pay any fee associated with the criminal history check on behalf of the employee.

(i) 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

(ii) Pay any fee associated with the criminal history check on behalf of the employee.

(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 employee upon receiving a criminal history check request from a state agency. (2) If the state agency can verify that the employee has been employed by a state agency in a designated financial or information technology position within sixty (60) days before applying for the criminal background check or has lived continuously in the State of Arkansas for the previous five (5) years, the bureau shall conduct only a state criminal history check on the applicant.

(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 employee upon receiving a criminal history check request from a state agency.

(2) If the state agency can verify that the employee has been employed by a state agency in a designated financial or information technology position within sixty (60) days before applying for the criminal background check or has lived continuously in the State of Arkansas for the previous five (5) years, the bureau shall conduct only a state criminal history check on the applicant.

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

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

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

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

(B) If the state agency determines that an employee is disqualified from employment, then the state agency shall discharge the employee.

(d) If 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) A state agency shall inform all employees in designated financial or information technology positions that: (1) Continued employment is contingent upon the results of a criminal history check; and (2) The employee has the right to obtain a copy of his or her criminal history report from the bureau.

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

(2) The employee has the right to obtain a copy of his or her criminal history report from the bureau.

(f) An expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in this subsection shall not be considered a conviction or plea of guilty or nolo contendere to the offense. A state agency shall discharge from employment an employee in a designated financial or information technology position who has pleaded guilty or nolo contendere to, or has 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) Robbery, as prohibited in § 5-12-102 ; (2) Aggravated robbery, as prohibited in § 5-12-103 ; (3) Soliciting money or property from incompetents, as prohibited in § 5-27-229 ; (4) Theft of property, as prohibited in § 5-36-103 ; (5) Theft by receiving, as prohibited in § 5-36-106 ; (6) Theft of property lost, mislaid, or delivered by mistake, as prohibited in § 5-36-105 ; (7) Theft of leased, rented, or entrusted personal property, as prohibited in § 5-36-115 ; (8) Shoplifting, as prohibited in § 5-36-116 ; (9) Embezzlement by officer or employee of certain institutions, as prohibited in § 5-36-118 [repealed]; (10) Theft of public benefits, as prohibited in § 5-36-202 ; (11) Theft of wireless service, as prohibited in § 5-36-303 ; (12) Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services, as prohibited in § 5-36-304 ; (13) Any offense involving theft detection devices, as prohibited in §§ 5-36-401 - 5-36-405 ; (14) Forgery, as prohibited in § 5-37-201 ; (15) Falsifying business records, as prohibited in § 5-37-202 ; (16) Defrauding secured creditors, as prohibited in § 5-37-203 ; (17) Fraud in insolvency, as prohibited in § 5-37-204 ; (18) Issuing a false financial statement, as prohibited in § 5-37-205 ; (19) Receiving deposits in a failing financial institution, as prohibited in § 5-37-206 ; (20) Fraudulent use of a credit card or debit card, as prohibited in § 5-37-207 ; (21) Criminal impersonation, as prohibited in § 5-37-208 ; (22) Criminal possession of a forgery device, as prohibited in § 5-37-209 ; (23) Obtaining signature by deception, as prohibited in § 5-37-210 ; (24) Defrauding judgment creditors, as prohibited in § 5-37-211 ; (25) Unlawfully using slugs, as prohibited in § 5-37-212 ; (26) Criminal simulation, as prohibited in § 5-37-213 ; (27) Use of false transcript, diploma, or grade report from postsecondary educational institution, as prohibited in § 5-37-225 ; (28) Financial identity fraud, as prohibited in § 5-37-227 ; (29) Any offense violating the Arkansas Hot Check Law, as prohibited in § 5-37-301 et seq.; (30) Theft of communication services, as prohibited in § 5-37-402 ; (31) Criminal mischief in the first degree, as prohibited in § 5-38-203 ; (32) Residential or commercial burglary, as prohibited in § 5-39-201 ; (33) Breaking or entering, as prohibited in § 5-39-202 ; (34) Computer fraud, as prohibited in § 5-41-103 ; (35) Computer trespass, as prohibited in § 5-41-104 ; (36) Any offense involving computer crime, as prohibited in §§ 5-41-201 - 5-41-206 ; (37) Criminal use of property or laundering criminal proceeds, as prohibited in § 5-42-204 ; (38) Any offense involving corruption in public office, as prohibited in §§ 5-52-101 - 5-52-108 ; (39) Tampering with a public record, as prohibited in § 5-54-121 ; (40) Criminal acts constituting Medicaid fraud, as prohibited in § 5-55-111 ; (41) Any offense involving illegal food coupons, as prohibited in §§ 5-55-201 - 5-55-205 ; (42) Engaging in a continuing criminal gang, organization, or enterprise, as prohibited in § 5-74-104 ; or (43) 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.

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

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

(3) Soliciting money or property from incompetents, as prohibited in § 5-27-229 ;

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

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

(6) Theft of property lost, mislaid, or delivered by mistake, as prohibited in § 5-36-105 ;

(7) Theft of leased, rented, or entrusted personal property, as prohibited in § 5-36-115 ;

(8) Shoplifting, as prohibited in § 5-36-116 ;

(9) Embezzlement by officer or employee of certain institutions, as prohibited in § 5-36-118 [repealed];

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

(11) Theft of wireless service, as prohibited in § 5-36-303 ;

(12) Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services, as prohibited in § 5-36-304 ;

(13) Any offense involving theft detection devices, as prohibited in §§ 5-36-401 - 5-36-405 ;

(14) Forgery, as prohibited in § 5-37-201 ;

(15) Falsifying business records, as prohibited in § 5-37-202 ;

(16) Defrauding secured creditors, as prohibited in § 5-37-203 ;

(17) Fraud in insolvency, as prohibited in § 5-37-204 ;

(18) Issuing a false financial statement, as prohibited in § 5-37-205 ;

(19) Receiving deposits in a failing financial institution, as prohibited in § 5-37-206 ;

(20) Fraudulent use of a credit card or debit card, as prohibited in § 5-37-207 ;

(21) Criminal impersonation, as prohibited in § 5-37-208 ;

(22) Criminal possession of a forgery device, as prohibited in § 5-37-209 ;

(23) Obtaining signature by deception, as prohibited in § 5-37-210 ;

(24) Defrauding judgment creditors, as prohibited in § 5-37-211 ;

(25) Unlawfully using slugs, as prohibited in § 5-37-212 ;

(26) Criminal simulation, as prohibited in § 5-37-213 ;

(27) Use of false transcript, diploma, or grade report from postsecondary educational institution, as prohibited in § 5-37-225 ;

(28) Financial identity fraud, as prohibited in § 5-37-227 ;

(29) Any offense violating the Arkansas Hot Check Law, as prohibited in § 5-37-301 et seq.;

(30) Theft of communication services, as prohibited in § 5-37-402 ;

(31) Criminal mischief in the first degree, as prohibited in § 5-38-203 ;

(32) Residential or commercial burglary, as prohibited in § 5-39-201 ;

(33) Breaking or entering, as prohibited in § 5-39-202 ;

(34) Computer fraud, as prohibited in § 5-41-103 ;

(35) Computer trespass, as prohibited in § 5-41-104 ;

(36) Any offense involving computer crime, as prohibited in §§ 5-41-201 - 5-41-206 ;

(37) Criminal use of property or laundering criminal proceeds, as prohibited in § 5-42-204 ;

(38) Any offense involving corruption in public office, as prohibited in §§ 5-52-101 - 5-52-108 ;

(39) Tampering with a public record, as prohibited in § 5-54-121 ;

(40) Criminal acts constituting Medicaid fraud, as prohibited in § 5-55-111 ;

(41) Any offense involving illegal food coupons, as prohibited in §§ 5-55-201 - 5-55-205 ;

(42) Engaging in a continuing criminal gang, organization, or enterprise, as prohibited in § 5-74-104 ; or

(43) 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.

Acts 2005, No. 1422, § 3; 2007, No. 991, § 8; 2009, No. 252, § 5.
Ark. Code Ann. § 21-5-407 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-407
Definitions
Status: in_force

As used in this subchapter: (1) "Active employee" means an eligible individual currently employed by a participating entity or participating institution; (2) "Aggregate performance information" means a report or other means of communication about the measurement of accomplishment of the execution of certain tasks, achievement of certain results, or occurrence of certain events related to all patients or to a class or group of patients identifiable by certain criteria; (3) "Consumer-driven health insurance plan option" means a qualified high deductible health plan option with high out-of-pocket costs adopted by the State Board of Finance that is consistent with guidance provided by the Internal Revenue Service for health savings accounts, annual contribution limits, and high deductible health insurance plans under Revenue Procedure 2013-25 and subsequent guidance; (4) (A) "Dependent" means a participant's: (i) Natural child, stepchild, or adopted child who is eligible for coverage under the State and Public School Life and Health Insurance Program; and (ii) Spouse who is eligible for coverage under the program. (B) Beginning in the 2015 plan year, "dependent" does not include: (i) An individual who is legally separated or divorced from the participant; or (ii) A participant's spouse if the spouse is offered healthcare coverage, other than the program, through a separate employer-funded or employee-funded benefit plan that provides healthcare coverage of essential health benefits as provided in 42 U.S.C. § 18022 , as existing on January 1, 2013; (5) (A) "Eligible inactive retiree" means a former member of the General Assembly or a state-elected constitutional officer who has served a sufficient number of years of credited service to be eligible for retirement benefits but who has not yet reached retirement age. (B) An eligible inactive retiree is qualified to enroll in the program as a retiree if he or she participated in the program for at least five (5) cumulative years before retirement. (C) An eligible inactive retiree who enrolls in the program shall pay the entire premium cost of the plan option selected under the program as set by the board; (6) "Health savings account" means an account established by a participant under a medical care savings account program to pay the eligible medical expenses of a participant and the dependents of the participant; (7) "High deductible" means the deductible limitations for a qualified high deductible health plan under the Internal Revenue Service, as adjusted annually for inflation based upon the board's calculation using the formula provided by 26 U.S.C. § 1(f)(3)-(6) ; (8) "Participant" means an individual or an individual's dependent who is enrolled in a plan option offered under the program and continues to be eligible for participation in the program; (9) "Participating entity" means an organization authorized to participate in the program, including without limitation a state agency, school district, public charter school, or education service cooperative; (10) "Participating institution" means a two-year or four-year college that is participating in the program; (11) "Prepayment" means collection of medical or life insurance premiums or both medical and life insurance premiums from the employee and employer one (1) month in advance; (12) "Public school employee" means an employee of a school district or public charter school; (13) "Qualifying event" means a change in an employee's personal life that may impact his or her eligibility or a dependent's eligibility for benefits, as defined by Internal Revenue Service guidelines; (14) "Quality-of-care information" means the contents of medical records, member claims, patient surveys, pharmacy data, lab data, and other records of or reports about systems, networks, hospitals, and clinical providers to be gathered for assessment of the quality and costs of health care provided by systems, networks, hospitals, and clinical providers; (15) "Quality performance indicator" means a specific inquiry or standard that when applied to quality-of-care information reveals a quantifiable measure of success or failure in system, network, hospital, or clinical provider care; (16) "Retiree" means a retired employee who is eligible under § 21-5-411 ; (17) "Rural school district" means a school district or a public charter school that has an average daily membership of one thousand (1,000) students or less; (18) "State employee" means an employee of a state agency, board, or commission whose position is budgeted for by the General Assembly; (19) (A) "Vendor" means a corporation, partnership, or other organization that is: (i) Licensed to do business and in good standing with the State of Arkansas; and (ii) Lawfully engaged in administering employer-funded or employee-funded benefit plans for employer groups in consideration of an administration fee. (B) "Vendor" does not include the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) ; and (20) "Voluntary product" means any individual or group policy and other employee benefits that are wholly paid for by the employee, including without limitation those policies and benefits provided by the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) . Amended by Act 2023, No. 533,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 533,§ 4, eff. 8/1/2023. Amended by Act 2022, No. 107,§ 1, eff. 3/1/2022. Amended by Act 2015, No. 911,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 910,§ 4, eff. 7/22/2015. Amended by Act 2014EX2, No. 6,§ 9, eff. 10/1/2014. Amended by Act 2014EX2, No. 6,§ 8, eff. 10/1/2014. Amended by Act 2014EX2, No. 6,§ 7, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 9, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 8, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 7, 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, § 7; 1999, No. 1280, § 7; 2005, No. 1937, § 2; 2007, No. 1009, § 7; 2009, No. 252, § 2. Act 2022, No. 107,§ 3 provides that this act does not apply to a public school employee or a state employee who is employed on the effective date of this act.

As used in this subchapter:

(1) "Active employee" means an eligible individual currently employed by a participating entity or participating institution;

(2) "Aggregate performance information" means a report or other means of communication about the measurement of accomplishment of the execution of certain tasks, achievement of certain results, or occurrence of certain events related to all patients or to a class or group of patients identifiable by certain criteria;

(3) "Consumer-driven health insurance plan option" means a qualified high deductible health plan option with high out-of-pocket costs adopted by the State Board of Finance that is consistent with guidance provided by the Internal Revenue Service for health savings accounts, annual contribution limits, and high deductible health insurance plans under Revenue Procedure 2013-25 and subsequent guidance;

(4) (A) "Dependent" means a participant's: (i) Natural child, stepchild, or adopted child who is eligible for coverage under the State and Public School Life and Health Insurance Program; and (ii) Spouse who is eligible for coverage under the program. (B) Beginning in the 2015 plan year, "dependent" does not include: (i) An individual who is legally separated or divorced from the participant; or (ii) A participant's spouse if the spouse is offered healthcare coverage, other than the program, through a separate employer-funded or employee-funded benefit plan that provides healthcare coverage of essential health benefits as provided in 42 U.S.C. § 18022 , as existing on January 1, 2013;

(A) "Dependent" means a participant's: (i) Natural child, stepchild, or adopted child who is eligible for coverage under the State and Public School Life and Health Insurance Program; and (ii) Spouse who is eligible for coverage under the program.

(i) Natural child, stepchild, or adopted child who is eligible for coverage under the State and Public School Life and Health Insurance Program; and

(ii) Spouse who is eligible for coverage under the program.

(B) Beginning in the 2015 plan year, "dependent" does not include: (i) An individual who is legally separated or divorced from the participant; or (ii) A participant's spouse if the spouse is offered healthcare coverage, other than the program, through a separate employer-funded or employee-funded benefit plan that provides healthcare coverage of essential health benefits as provided in 42 U.S.C. § 18022 , as existing on January 1, 2013;

(i) An individual who is legally separated or divorced from the participant; or

(ii) A participant's spouse if the spouse is offered healthcare coverage, other than the program, through a separate employer-funded or employee-funded benefit plan that provides healthcare coverage of essential health benefits as provided in 42 U.S.C. § 18022 , as existing on January 1, 2013;

(5) (A) "Eligible inactive retiree" means a former member of the General Assembly or a state-elected constitutional officer who has served a sufficient number of years of credited service to be eligible for retirement benefits but who has not yet reached retirement age. (B) An eligible inactive retiree is qualified to enroll in the program as a retiree if he or she participated in the program for at least five (5) cumulative years before retirement. (C) An eligible inactive retiree who enrolls in the program shall pay the entire premium cost of the plan option selected under the program as set by the board;

(A) "Eligible inactive retiree" means a former member of the General Assembly or a state-elected constitutional officer who has served a sufficient number of years of credited service to be eligible for retirement benefits but who has not yet reached retirement age.

(B) An eligible inactive retiree is qualified to enroll in the program as a retiree if he or she participated in the program for at least five (5) cumulative years before retirement.

(C) An eligible inactive retiree who enrolls in the program shall pay the entire premium cost of the plan option selected under the program as set by the board;

(6) "Health savings account" means an account established by a participant under a medical care savings account program to pay the eligible medical expenses of a participant and the dependents of the participant;

(7) "High deductible" means the deductible limitations for a qualified high deductible health plan under the Internal Revenue Service, as adjusted annually for inflation based upon the board's calculation using the formula provided by 26 U.S.C. § 1(f)(3)-(6) ;

(8) "Participant" means an individual or an individual's dependent who is enrolled in a plan option offered under the program and continues to be eligible for participation in the program;

(9) "Participating entity" means an organization authorized to participate in the program, including without limitation a state agency, school district, public charter school, or education service cooperative;

(10) "Participating institution" means a two-year or four-year college that is participating in the program;

(11) "Prepayment" means collection of medical or life insurance premiums or both medical and life insurance premiums from the employee and employer one (1) month in advance;

(12) "Public school employee" means an employee of a school district or public charter school;

(13) "Qualifying event" means a change in an employee's personal life that may impact his or her eligibility or a dependent's eligibility for benefits, as defined by Internal Revenue Service guidelines;

(14) "Quality-of-care information" means the contents of medical records, member claims, patient surveys, pharmacy data, lab data, and other records of or reports about systems, networks, hospitals, and clinical providers to be gathered for assessment of the quality and costs of health care provided by systems, networks, hospitals, and clinical providers;

(15) "Quality performance indicator" means a specific inquiry or standard that when applied to quality-of-care information reveals a quantifiable measure of success or failure in system, network, hospital, or clinical provider care;

(16) "Retiree" means a retired employee who is eligible under § 21-5-411 ;

(17) "Rural school district" means a school district or a public charter school that has an average daily membership of one thousand (1,000) students or less;

(18) "State employee" means an employee of a state agency, board, or commission whose position is budgeted for by the General Assembly;

(19) (A) "Vendor" means a corporation, partnership, or other organization that is: (i) Licensed to do business and in good standing with the State of Arkansas; and (ii) Lawfully engaged in administering employer-funded or employee-funded benefit plans for employer groups in consideration of an administration fee. (B) "Vendor" does not include the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) ; and

(A) "Vendor" means a corporation, partnership, or other organization that is: (i) Licensed to do business and in good standing with the State of Arkansas; and (ii) Lawfully engaged in administering employer-funded or employee-funded benefit plans for employer groups in consideration of an administration fee.

(i) Licensed to do business and in good standing with the State of Arkansas; and

(ii) Lawfully engaged in administering employer-funded or employee-funded benefit plans for employer groups in consideration of an administration fee.

(B) "Vendor" does not include the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) ; and

(20) "Voluntary product" means any individual or group policy and other employee benefits that are wholly paid for by the employee, including without limitation those policies and benefits provided by the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) .

Amended by Act 2023, No. 533,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 533,§ 4, eff. 8/1/2023.

Amended by Act 2022, No. 107,§ 1, eff. 3/1/2022.

Amended by Act 2015, No. 911,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 910,§ 4, eff. 7/22/2015.

Amended by Act 2014EX2, No. 6,§ 9, eff. 10/1/2014.

Amended by Act 2014EX2, No. 6,§ 8, eff. 10/1/2014.

Amended by Act 2014EX2, No. 6,§ 7, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 9, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 8, eff. 10/1/2014.

Amended by Act 2014EX2, No. 3,§ 7, 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, § 7; 1999, No. 1280, § 7; 2005, No. 1937, § 2; 2007, No. 1009, § 7; 2009, No. 252, § 2.

Act 2022, No. 107,§ 3 provides that this act does not apply to a public school employee or a state employee who is employed on the effective date of this act.
Ark. Code Ann. § 21-5-220 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-220
Shift differential
Status: in_force

(a) (1) Upon the approval of the Office of Personnel Management, an employee whose working hours do not conform to normal state business hours shall be eligible for additional compensation up to twelve percent (12%) of the hourly rate for which he or she is eligible under this subchapter as a shift differential if: (A) The state agency routinely schedules more than one (1) work shift per day; (B) The shift to which the employee is assigned is a full work shift; and (C) The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis. (2) An employee assigned to an evening shift shall not receive additional compensation that exceeds six percent (6%) above that for which he or she is eligible under this subchapter. (3) An employee assigned to a night shift shall not receive additional compensation that exceeds twelve percent (12%) above that for which he or she is eligible under this subchapter. (4) (A) An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter. (B) In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade. (b) (1) (A) A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential. (B) A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential. (2) Designated weekend hours begin no earlier than 2:30 p.m. on Friday and end no later than 8:00 a.m. on the following Monday. (c) (1) If a facility uses shifts other than traditional eight-hour shifts, a shift differential may be paid for those shifts exceeding the normal day shift of the facility. (2) If shift and weekend differentials are provided to an employee, the total compensation may exceed the maximum annual rate for the assigned pay grade for those positions included in this subchapter. (3) (A) The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift. (B) The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services. (C) Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Secretary of the Department of Transformation and Shared Services. (d) An employee who is receiving additional compensation under this section and then is reassigned to a normal shift shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter. (e) The Office of Personnel Management shall report all shift differential approvals to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2019, No. 910,§ 6131, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 19, eff. 7/1/2017. Acts 2009, No. 688, § 13; 2011, No. 1017, § 7.

(a) (1) Upon the approval of the Office of Personnel Management, an employee whose working hours do not conform to normal state business hours shall be eligible for additional compensation up to twelve percent (12%) of the hourly rate for which he or she is eligible under this subchapter as a shift differential if: (A) The state agency routinely schedules more than one (1) work shift per day; (B) The shift to which the employee is assigned is a full work shift; and (C) The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis. (2) An employee assigned to an evening shift shall not receive additional compensation that exceeds six percent (6%) above that for which he or she is eligible under this subchapter. (3) An employee assigned to a night shift shall not receive additional compensation that exceeds twelve percent (12%) above that for which he or she is eligible under this subchapter. (4) (A) An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter. (B) In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.

(1) Upon the approval of the Office of Personnel Management, an employee whose working hours do not conform to normal state business hours shall be eligible for additional compensation up to twelve percent (12%) of the hourly rate for which he or she is eligible under this subchapter as a shift differential if: (A) The state agency routinely schedules more than one (1) work shift per day; (B) The shift to which the employee is assigned is a full work shift; and (C) The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis.

(A) The state agency routinely schedules more than one (1) work shift per day;

(B) The shift to which the employee is assigned is a full work shift; and

(C) The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis.

(2) An employee assigned to an evening shift shall not receive additional compensation that exceeds six percent (6%) above that for which he or she is eligible under this subchapter.

(3) An employee assigned to a night shift shall not receive additional compensation that exceeds twelve percent (12%) above that for which he or she is eligible under this subchapter.

(4) (A) An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter. (B) In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.

(A) An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter.

(B) In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.

(b) (1) (A) A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential. (B) A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential. (2) Designated weekend hours begin no earlier than 2:30 p.m. on Friday and end no later than 8:00 a.m. on the following Monday.

(1) (A) A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential. (B) A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.

(A) A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.

(B) A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.

(2) Designated weekend hours begin no earlier than 2:30 p.m. on Friday and end no later than 8:00 a.m. on the following Monday.

(c) (1) If a facility uses shifts other than traditional eight-hour shifts, a shift differential may be paid for those shifts exceeding the normal day shift of the facility. (2) If shift and weekend differentials are provided to an employee, the total compensation may exceed the maximum annual rate for the assigned pay grade for those positions included in this subchapter. (3) (A) The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift. (B) The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services. (C) Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Secretary of the Department of Transformation and Shared Services.

(1) If a facility uses shifts other than traditional eight-hour shifts, a shift differential may be paid for those shifts exceeding the normal day shift of the facility.

(2) If shift and weekend differentials are provided to an employee, the total compensation may exceed the maximum annual rate for the assigned pay grade for those positions included in this subchapter.

(3) (A) The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift. (B) The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services. (C) Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Secretary of the Department of Transformation and Shared Services.

(A) The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift.

(B) The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Secretary of the Department of Transformation and Shared Services.

(C) Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Secretary of the Department of Transformation and Shared Services.

(d) An employee who is receiving additional compensation under this section and then is reassigned to a normal shift shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter.

(e) The Office of Personnel Management shall report all shift differential approvals to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2019, No. 910,§ 6131, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 19, eff. 7/1/2017.

Acts 2009, No. 688, § 13; 2011, No. 1017, § 7.
Ark. Code Ann. § 21-5-218 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-218
Reimbursement for interpreter services for deaf
Status: in_force

Whereas Arkansas Rehabilitation Services currently purchases and sells staff interpreter services for the deaf with four (4) other agencies, the University of Arkansas at Fayetteville, the University of Arkansas at Little Rock, the Arkansas School for the Deaf, and the Administrative Office of the Courts and whereas the need for interpreters is immediate and often for crisis purposes and cannot be planned ahead, the Division of Workforce Services is authorized to arrange for reimbursement with those agencies, assuring that the amount paid from both agencies will not exceed the maximum for the grades they occupy consistent with the intent of § 19-4-1604 , with notification and justification to the Secretary of the Department of Transformation and Shared Services. Amended by Act 2019, No. 910,§ 569, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 202, § 9.

Whereas Arkansas Rehabilitation Services currently purchases and sells staff interpreter services for the deaf with four (4) other agencies, the University of Arkansas at Fayetteville, the University of Arkansas at Little Rock, the Arkansas School for the Deaf, and the Administrative Office of the Courts and whereas the need for interpreters is immediate and often for crisis purposes and cannot be planned ahead, the Division of Workforce Services is authorized to arrange for reimbursement with those agencies, assuring that the amount paid from both agencies will not exceed the maximum for the grades they occupy consistent with the intent of § 19-4-1604 , with notification and justification to the Secretary of the Department of Transformation and Shared Services.

Amended by Act 2019, No. 910,§ 569, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 202, § 9.