Ark. Code Ann. § 21-1-402 — AR Code / Title 21 / Chapter 1 / Subchapter 4 / Section 21-1-402
Restrictions on other employment
Status: in_force

(a) (1) Subject to any restriction or condition prescribed by the Arkansas Constitution and except as provided under subdivisions (a)(2) and (3) of this section and subsection (f) of this section, and unless the person resigns before entering into the employment, a person elected to a constitutional office, after being elected to the constitutional office and during the term for which elected, shall not enter into employment with: (A) Any state agency; (B) Any public school district of this state in a noncertified position; (C) Any vocational education school funded by the state; or (D) Any education service cooperative. (2) (A) A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may: (i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university; (ii) Change positions under his or her current employer; or (iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university. (B) Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 - 19-11-709 . (3) If a constitutional officer is credentialed or certified as a tutor, teacher, professor, or adjunct professor, he or she is not prohibited from employment as a tutor, teacher, professor, or adjunct professor with a public school district, educational service cooperative, state-supported vocational education school, or state-supported college or university in this state. (4) Subject to any restriction or condition prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue the employment, but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally, nor shall the constitutional officer receive any pay increase for that employment other than the cost-of-living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor. (b) No person whose spouse is elected to a constitutional office may, after the spouse is elected to the constitutional office and during the term for which the spouse is elected, enter into employment with any state agency without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor. (c) This subchapter does not prohibit the spouse of any constitutional officer from being elected and serving in an elected office or from being appointed to fill the vacancy in any elected office. (d) Any person who was employed by a state agency prior to the person's spouse being elected a constitutional officer and any person who entered into employment with a state agency during the spouse's service as a constitutional officer is subject to the following: (1) The person's position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor; and (2) The person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor. (e) A former member of the General Assembly and his or her spouse shall not be eligible to be employed by any state agency within twenty-four (24) months after the member leaves office in any job or position that: (1) Was newly created by legislative action within the twenty-four (24) months prior to the member's leaving office; or (2) Had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four (24) months prior to the member's leaving office. (f) (1) A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected: (A) Register as a lobbyist under § 21-8-601 et seq.; or (B) Enter into employment as the director of an: (i) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or (ii) Area agency on aging. (2) (A) Except as provided in subdivision (f)(2)(B) of this section, subdivision (f)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018. (B) Subdivision (f)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014. (g) The Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and Commissioner of State Lands are not eligible to be registered as lobbyists under § 21-8-601 et seq. until one (1) year after the expiration of the respective terms of office to which they were elected. (h) An individual employed in the office of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, or Commissioner of State Lands is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that office. Amended by Act 2019, No. 661,§ 3, eff. 4/2/2019. Amended by Act 2019, No. 661,§ 2, eff. 4/2/2019. Amended by Act 2017, No. 961,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1280,§ 11, eff. 4/8/2015. Amended by Act 2013, No. 486,§ 1, eff. 8/16/2013. Acts 1999, No. 34, § 2; 2003, No. 1453, § 1; 2005, No. 1962, § 91; 2009, No. 1398, § 1; 2011, No. 48, § 2; 2011, No. 71, § 2.

(a) (1) Subject to any restriction or condition prescribed by the Arkansas Constitution and except as provided under subdivisions (a)(2) and (3) of this section and subsection (f) of this section, and unless the person resigns before entering into the employment, a person elected to a constitutional office, after being elected to the constitutional office and during the term for which elected, shall not enter into employment with: (A) Any state agency; (B) Any public school district of this state in a noncertified position; (C) Any vocational education school funded by the state; or (D) Any education service cooperative. (2) (A) A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may: (i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university; (ii) Change positions under his or her current employer; or (iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university. (B) Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 - 19-11-709 . (3) If a constitutional officer is credentialed or certified as a tutor, teacher, professor, or adjunct professor, he or she is not prohibited from employment as a tutor, teacher, professor, or adjunct professor with a public school district, educational service cooperative, state-supported vocational education school, or state-supported college or university in this state. (4) Subject to any restriction or condition prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue the employment, but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally, nor shall the constitutional officer receive any pay increase for that employment other than the cost-of-living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.

(1) Subject to any restriction or condition prescribed by the Arkansas Constitution and except as provided under subdivisions (a)(2) and (3) of this section and subsection (f) of this section, and unless the person resigns before entering into the employment, a person elected to a constitutional office, after being elected to the constitutional office and during the term for which elected, shall not enter into employment with: (A) Any state agency; (B) Any public school district of this state in a noncertified position; (C) Any vocational education school funded by the state; or (D) Any education service cooperative.

(A) Any state agency;

(B) Any public school district of this state in a noncertified position;

(C) Any vocational education school funded by the state; or

(D) Any education service cooperative.

(2) (A) A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may: (i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university; (ii) Change positions under his or her current employer; or (iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university. (B) Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 - 19-11-709 .

(A) A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may: (i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university; (ii) Change positions under his or her current employer; or (iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university.

(i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university;

(ii) Change positions under his or her current employer; or

(iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university.

(B) Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 - 19-11-709 .

(3) If a constitutional officer is credentialed or certified as a tutor, teacher, professor, or adjunct professor, he or she is not prohibited from employment as a tutor, teacher, professor, or adjunct professor with a public school district, educational service cooperative, state-supported vocational education school, or state-supported college or university in this state.

(4) Subject to any restriction or condition prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue the employment, but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally, nor shall the constitutional officer receive any pay increase for that employment other than the cost-of-living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.

(b) No person whose spouse is elected to a constitutional office may, after the spouse is elected to the constitutional office and during the term for which the spouse is elected, enter into employment with any state agency without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.

(c) This subchapter does not prohibit the spouse of any constitutional officer from being elected and serving in an elected office or from being appointed to fill the vacancy in any elected office.

(d) Any person who was employed by a state agency prior to the person's spouse being elected a constitutional officer and any person who entered into employment with a state agency during the spouse's service as a constitutional officer is subject to the following: (1) The person's position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor; and (2) The person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.

(1) The person's position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor; and

(2) The person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.

(e) A former member of the General Assembly and his or her spouse shall not be eligible to be employed by any state agency within twenty-four (24) months after the member leaves office in any job or position that: (1) Was newly created by legislative action within the twenty-four (24) months prior to the member's leaving office; or (2) Had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four (24) months prior to the member's leaving office.

(1) Was newly created by legislative action within the twenty-four (24) months prior to the member's leaving office; or

(2) Had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four (24) months prior to the member's leaving office.

(f) (1) A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected: (A) Register as a lobbyist under § 21-8-601 et seq.; or (B) Enter into employment as the director of an: (i) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or (ii) Area agency on aging. (2) (A) Except as provided in subdivision (f)(2)(B) of this section, subdivision (f)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018. (B) Subdivision (f)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.

(1) A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected: (A) Register as a lobbyist under § 21-8-601 et seq.; or (B) Enter into employment as the director of an: (i) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or (ii) Area agency on aging.

(A) Register as a lobbyist under § 21-8-601 et seq.; or

(B) Enter into employment as the director of an: (i) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or (ii) Area agency on aging.

(i) Educational cooperative under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq.; or

(ii) Area agency on aging.

(2) (A) Except as provided in subdivision (f)(2)(B) of this section, subdivision (f)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018. (B) Subdivision (f)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.

(A) Except as provided in subdivision (f)(2)(B) of this section, subdivision (f)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018.

(B) Subdivision (f)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.

(g) The Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and Commissioner of State Lands are not eligible to be registered as lobbyists under § 21-8-601 et seq. until one (1) year after the expiration of the respective terms of office to which they were elected.

(h) An individual employed in the office of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, or Commissioner of State Lands is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's employment in that office.

Amended by Act 2019, No. 661,§ 3, eff. 4/2/2019.

Amended by Act 2019, No. 661,§ 2, eff. 4/2/2019.

Amended by Act 2017, No. 961,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1280,§ 11, eff. 4/8/2015.

Amended by Act 2013, No. 486,§ 1, eff. 8/16/2013.

Acts 1999, No. 34, § 2; 2003, No. 1453, § 1; 2005, No. 1962, § 91; 2009, No. 1398, § 1; 2011, No. 48, § 2; 2011, No. 71, § 2.
Ark. Code Ann. § 21-4-204 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-204
Annual leave - Accrual and use
Status: in_force

(a) (1) Except for the employees under subdivision (a)(2) of this section, each permanent or probationary employee shall be entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service including the probationary period: Click here to view form. (2) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service: Click here to view form. (b) Annual leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) working day for each complete month of service. (c) Annual leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service. (d) Annual leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees. (e) (1) (A) Annual leave shall be cumulative. An employee shall not have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year. (B) The following employees shall not accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year: (i) A fire and emergency service employee under subdivision (a)(2) of this section; and (ii) A critical-need employee. (2) Accumulated annual leave shall be granted by the agency director at such time or times as will least interfere with the efficient operation of the agency. (3) Employees transferring between state agencies without a break in service shall retain, at the time of transfer, all accumulated annual leave credits. (4) Change of positions in the annual leave schedule shall be determined on the basis of completed years of service. Seniority for reinstated employees will be brought forward in completed years of service only. (5) Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate. (6) Annual leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month. (7) Saturdays, Sundays, holidays, and nonworking days within a period of annual leave shall not be charged as annual leave. Annual leave granted shall be based on working days. (f) (1) Unearned annual leave shall not be loaned. (2) The minimum charge for absence on account of annual leave shall be fifteen (15) minutes. (g) (1) At the end of the calendar year and except as provided in § 21-4-205(c) , an employee's accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section shall be deposited into the catastrophic leave bank administered by the Office of Personnel Management. (2) If an employee does not want his or her accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section to be deposited into the catastrophic leave bank under subdivision (g)(1) of this section, he or she shall submit a written request to the Office of Personnel Management that the accumulated annual leave in question be forfeited in lieu of being deposited into the catastrophic leave bank. Amended by Act 2021, No. 378,§ 3, eff. 3/17/2021. Amended by Act 2021, No. 378,§ 2, eff. 3/17/2021. Amended by Act 2019, No. 910,§ 5546, eff. 7/1/2019. Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 1997, No. 155, § 1; 2003, No. 356, §§ 1, 2.

(a) (1) Except for the employees under subdivision (a)(2) of this section, each permanent or probationary employee shall be entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service including the probationary period: Click here to view form. (2) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service: Click here to view form.

(1) Except for the employees under subdivision (a)(2) of this section, each permanent or probationary employee shall be entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service including the probationary period: Click here to view form.

Click here to view form.

(2) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service: Click here to view form.

Click here to view form.

(b) Annual leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) working day for each complete month of service.

(c) Annual leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service.

(d) Annual leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.

(e) (1) (A) Annual leave shall be cumulative. An employee shall not have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year. (B) The following employees shall not accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year: (i) A fire and emergency service employee under subdivision (a)(2) of this section; and (ii) A critical-need employee. (2) Accumulated annual leave shall be granted by the agency director at such time or times as will least interfere with the efficient operation of the agency. (3) Employees transferring between state agencies without a break in service shall retain, at the time of transfer, all accumulated annual leave credits. (4) Change of positions in the annual leave schedule shall be determined on the basis of completed years of service. Seniority for reinstated employees will be brought forward in completed years of service only. (5) Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate. (6) Annual leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month. (7) Saturdays, Sundays, holidays, and nonworking days within a period of annual leave shall not be charged as annual leave. Annual leave granted shall be based on working days.

(1) (A) Annual leave shall be cumulative. An employee shall not have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year. (B) The following employees shall not accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year: (i) A fire and emergency service employee under subdivision (a)(2) of this section; and (ii) A critical-need employee.

(A) Annual leave shall be cumulative. An employee shall not have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year.

(B) The following employees shall not accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year: (i) A fire and emergency service employee under subdivision (a)(2) of this section; and (ii) A critical-need employee.

(i) A fire and emergency service employee under subdivision (a)(2) of this section; and

(ii) A critical-need employee.

(2) Accumulated annual leave shall be granted by the agency director at such time or times as will least interfere with the efficient operation of the agency.

(3) Employees transferring between state agencies without a break in service shall retain, at the time of transfer, all accumulated annual leave credits.

(4) Change of positions in the annual leave schedule shall be determined on the basis of completed years of service. Seniority for reinstated employees will be brought forward in completed years of service only.

(5) Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate.

(6) Annual leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month.

(7) Saturdays, Sundays, holidays, and nonworking days within a period of annual leave shall not be charged as annual leave. Annual leave granted shall be based on working days.

(f) (1) Unearned annual leave shall not be loaned. (2) The minimum charge for absence on account of annual leave shall be fifteen (15) minutes.

(1) Unearned annual leave shall not be loaned.

(2) The minimum charge for absence on account of annual leave shall be fifteen (15) minutes.

(g) (1) At the end of the calendar year and except as provided in § 21-4-205(c) , an employee's accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section shall be deposited into the catastrophic leave bank administered by the Office of Personnel Management. (2) If an employee does not want his or her accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section to be deposited into the catastrophic leave bank under subdivision (g)(1) of this section, he or she shall submit a written request to the Office of Personnel Management that the accumulated annual leave in question be forfeited in lieu of being deposited into the catastrophic leave bank.

(1) At the end of the calendar year and except as provided in § 21-4-205(c) , an employee's accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section shall be deposited into the catastrophic leave bank administered by the Office of Personnel Management.

(2) If an employee does not want his or her accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section to be deposited into the catastrophic leave bank under subdivision (g)(1) of this section, he or she shall submit a written request to the Office of Personnel Management that the accumulated annual leave in question be forfeited in lieu of being deposited into the catastrophic leave bank.

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

Amended by Act 2021, No. 378,§ 2, eff. 3/17/2021.

Amended by Act 2019, No. 910,§ 5546, eff. 7/1/2019.

Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 1997, No. 155, § 1; 2003, No. 356, §§ 1, 2.

4_204_1 - Attachment

4_204_2 - Attachment
Ark. Code Ann. § 21-2-705 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-705
Governmental Bonding Board
Status: in_force

(a) There is created the Governmental Bonding Board, which shall be composed of the following five (5) members: (1) The President of the Association of Arkansas Counties; (2) The President of the Arkansas Municipal League; (3) The Commissioner of Elementary and Secondary Education; (4) The Secretary of the Department of Finance and Administration; and (5) The Insurance Commissioner, who shall serve as chair. (b) (1) The members of the board shall receive no compensation for their services, but members other than the Commissioner of Elementary and Secondary Education, the Secretary of the Department of Finance and Administration, and the Insurance Commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The expense reimbursement of members of the board shall be paid from the Self-Insured Fidelity Bond Trust Fund. (c) (1) (A) (i) The board shall meet at least quarterly. (ii) However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members. (B) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board. (2) All action of the board shall be by majority vote of the membership in attendance. (3) If a board member is unable to attend any board meeting, the member shall appoint a designee to act as his or her representative. The representative shall have all the rights and privileges of the member represented. Amended by Act 2023, No. 826,§ 5, eff. 8/1/2023. See note. Amended by Act 2019, No. 910,§ 3492, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3491, eff. 7/1/2019. Acts 1987, No. 728, §§ 6, 7; 1991, No. 188, §§ 1, 2; 1997, No. 250, § 212; 2005, No. 506, § 3. Act 2023, No. 826,§ 5purported to amend 21-5-705; however, the amendment has been implemented in this section to reflect the apparent intent of the legislature.

(a) There is created the Governmental Bonding Board, which shall be composed of the following five (5) members: (1) The President of the Association of Arkansas Counties; (2) The President of the Arkansas Municipal League; (3) The Commissioner of Elementary and Secondary Education; (4) The Secretary of the Department of Finance and Administration; and (5) The Insurance Commissioner, who shall serve as chair.

(1) The President of the Association of Arkansas Counties;

(2) The President of the Arkansas Municipal League;

(3) The Commissioner of Elementary and Secondary Education;

(4) The Secretary of the Department of Finance and Administration; and

(5) The Insurance Commissioner, who shall serve as chair.

(b) (1) The members of the board shall receive no compensation for their services, but members other than the Commissioner of Elementary and Secondary Education, the Secretary of the Department of Finance and Administration, and the Insurance Commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The expense reimbursement of members of the board shall be paid from the Self-Insured Fidelity Bond Trust Fund.

(1) The members of the board shall receive no compensation for their services, but members other than the Commissioner of Elementary and Secondary Education, the Secretary of the Department of Finance and Administration, and the Insurance Commissioner may receive expense reimbursement in accordance with § 25-16-901 et seq.

(2) The expense reimbursement of members of the board shall be paid from the Self-Insured Fidelity Bond Trust Fund.

(c) (1) (A) (i) The board shall meet at least quarterly. (ii) However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members. (B) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board. (2) All action of the board shall be by majority vote of the membership in attendance. (3) If a board member is unable to attend any board meeting, the member shall appoint a designee to act as his or her representative. The representative shall have all the rights and privileges of the member represented.

(1) (A) (i) The board shall meet at least quarterly. (ii) However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members. (B) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board.

(A) (i) The board shall meet at least quarterly. (ii) However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members.

(i) The board shall meet at least quarterly.

(ii) However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members.

(B) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board.

(2) All action of the board shall be by majority vote of the membership in attendance.

(3) If a board member is unable to attend any board meeting, the member shall appoint a designee to act as his or her representative. The representative shall have all the rights and privileges of the member represented.

Amended by Act 2023, No. 826,§ 5, eff. 8/1/2023. See note.

Amended by Act 2019, No. 910,§ 3492, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3491, eff. 7/1/2019.

Acts 1987, No. 728, §§ 6, 7; 1991, No. 188, §§ 1, 2; 1997, No. 250, § 212; 2005, No. 506, § 3.

Act 2023, No. 826,§ 5purported to amend 21-5-705; however, the amendment has been implemented in this section to reflect the apparent intent of the legislature.
Ark. Code Ann. § 21-10-107 — AR Code / Title 21 / Chapter 10 / Section 21-10-107
Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 1959, No. 69, § 7; A.S.A. 1947, § 12-2606n.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 1959, No. 69, § 7; A.S.A. 1947, § 12-2606n.
Ark. Code Ann. § 21-2-703 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-703
Coverage in lieu of statutory fidelity bonds
Status: in_force

(a) (1) The fidelity bond coverage provided under this subchapter shall be in lieu of all statutorily required fidelity bonds for any fraudulent or dishonest act or acts committed by the various public officers, officials, and employees of a participating governmental entity participating in the Self-Insured Fidelity Bond Program. (2) The various laws specifically requiring fidelity bonds or fidelity blanket bonds for the respective public officials, officers, and employees shall not be applicable so long as the fidelity bonds as provided in this subchapter are in effect covering the officials, officers, and employees. (b) In the event coverage ceases to be provided for any fraudulent or dishonest act or acts committed by any public officials, officers, or employees pursuant to this subchapter, the laws currently in effect providing for fidelity bonds or fidelity blanket bonds shall again become applicable to the public officials, officers, and employees. Amended by Act 2023, No. 826,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 367,§ 3, eff. 7/28/2021. Acts 1987, No. 728, § 14.

(a) (1) The fidelity bond coverage provided under this subchapter shall be in lieu of all statutorily required fidelity bonds for any fraudulent or dishonest act or acts committed by the various public officers, officials, and employees of a participating governmental entity participating in the Self-Insured Fidelity Bond Program. (2) The various laws specifically requiring fidelity bonds or fidelity blanket bonds for the respective public officials, officers, and employees shall not be applicable so long as the fidelity bonds as provided in this subchapter are in effect covering the officials, officers, and employees.

(1) The fidelity bond coverage provided under this subchapter shall be in lieu of all statutorily required fidelity bonds for any fraudulent or dishonest act or acts committed by the various public officers, officials, and employees of a participating governmental entity participating in the Self-Insured Fidelity Bond Program.

(2) The various laws specifically requiring fidelity bonds or fidelity blanket bonds for the respective public officials, officers, and employees shall not be applicable so long as the fidelity bonds as provided in this subchapter are in effect covering the officials, officers, and employees.

(b) In the event coverage ceases to be provided for any fraudulent or dishonest act or acts committed by any public officials, officers, or employees pursuant to this subchapter, the laws currently in effect providing for fidelity bonds or fidelity blanket bonds shall again become applicable to the public officials, officers, and employees.

Amended by Act 2023, No. 826,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 367,§ 3, eff. 7/28/2021.

Acts 1987, No. 728, § 14.
Ark. Code Ann. § 21-6-203 — AR Code / Title 21 / Chapter 6 / Subchapter 2 / Section 21-6-203
Commissioner of State Lands - Definition
Status: in_force

(a) The Commissioner of State Lands may by rule: (1) Establish a schedule of rates, fees, and charges for the deeds produced and filed or services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands; and (2) Revise the rates, fees, and charges to ensure that the revenues from the rates, fees, and charges together with other available funds shall be sufficient to cover the costs of the various deeds produced or filed and services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands. (b) (1) A fee under this section shall not be established in an amount that exceeds the costs expended by the Commissioner of State Lands in producing or filing deeds or performing services. (2) As used in subdivision (b)(1) of this section, "costs" means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands. (c) All funds, including proceeds, rates, fees, and charges collected by the Commissioner of State Lands, shall be deposited into a financial institution in the State of Arkansas or United States Treasury securities. Amended by Act 2023, No. 172,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 673,§ 1, eff. 7/24/2019. Acts 1883, No. 117, §§ 1, 2, p. 295; C. & M. Dig., § 4570; Pope's Dig., § 5654; Acts 1983, No. 886, §§ 1, 3; 1985, No. 318, § 1; A.S.A. 1947, §§ 10-114, 10-115, 12-1704, 12-1705; Acts 2001, No. 423, § 1.

(a) The Commissioner of State Lands may by rule: (1) Establish a schedule of rates, fees, and charges for the deeds produced and filed or services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands; and (2) Revise the rates, fees, and charges to ensure that the revenues from the rates, fees, and charges together with other available funds shall be sufficient to cover the costs of the various deeds produced or filed and services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands.

(1) Establish a schedule of rates, fees, and charges for the deeds produced and filed or services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands; and

(2) Revise the rates, fees, and charges to ensure that the revenues from the rates, fees, and charges together with other available funds shall be sufficient to cover the costs of the various deeds produced or filed and services performed in carrying out the established duties and authority of the Office of the Commissioner of State Lands.

(b) (1) A fee under this section shall not be established in an amount that exceeds the costs expended by the Commissioner of State Lands in producing or filing deeds or performing services. (2) As used in subdivision (b)(1) of this section, "costs" means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands.

(1) A fee under this section shall not be established in an amount that exceeds the costs expended by the Commissioner of State Lands in producing or filing deeds or performing services.

(2) As used in subdivision (b)(1) of this section, "costs" means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands.

(c) All funds, including proceeds, rates, fees, and charges collected by the Commissioner of State Lands, shall be deposited into a financial institution in the State of Arkansas or United States Treasury securities.

Amended by Act 2023, No. 172,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 673,§ 1, eff. 7/24/2019.

Acts 1883, No. 117, §§ 1, 2, p. 295; C. & M. Dig., § 4570; Pope's Dig., § 5654; Acts 1983, No. 886, §§ 1, 3; 1985, No. 318, § 1; A.S.A. 1947, §§ 10-114, 10-115, 12-1704, 12-1705; Acts 2001, No. 423, § 1.
Ark. Code Ann. § 21-1-103 — AR Code / Title 21 / Chapter 1 / Subchapter 1 / Section 21-1-103
Service recognition program
Status: in_force

(a) There is established a method of recognition of service by employees of the State of Arkansas. (b) The Office of Personnel Management shall coordinate the purchase, distribution, and presentation of service awards based on years of service with the State of Arkansas for full-time employees in all state agencies, boards, commissions, and others under the Governor's direction. (c) The awards shall be made upon attainment of ten (10), twenty (20), and thirty (30) years of service in state government. (d) The Secretary of the Department of Transformation and Shared Services shall promulgate reasonable rules as he or she deems necessary in carrying out the provisions of this service recognition program. Amended by Act 2019, No. 315,§ 2313, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6119, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 247, § 19; 1991, No. 786, § 34.

(a) There is established a method of recognition of service by employees of the State of Arkansas.

(b) The Office of Personnel Management shall coordinate the purchase, distribution, and presentation of service awards based on years of service with the State of Arkansas for full-time employees in all state agencies, boards, commissions, and others under the Governor's direction.

(c) The awards shall be made upon attainment of ten (10), twenty (20), and thirty (30) years of service in state government.

(d) The Secretary of the Department of Transformation and Shared Services shall promulgate reasonable rules as he or she deems necessary in carrying out the provisions of this service recognition program.

Amended by Act 2019, No. 315,§ 2313, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6119, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 247, § 19; 1991, No. 786, § 34.
Ark. Code Ann. § 21-1-401 — AR Code / Title 21 / Chapter 1 / Subchapter 4 / Section 21-1-401
Definitions
Status: in_force

For purposes of this subchapter: (1) "Constitutional officer" means Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Attorney General, Commissioner of State Lands, Auditor of State, member of the House of Representatives, and member of the Senate; and (2) "State agency" means every board, commission, department, division, institution, and other office of state government whether located within the legislative, executive, or judicial branch of government and including state-supported colleges and universities. Acts 1999, No. 34, § 1.

For purposes of this subchapter:

(1) "Constitutional officer" means Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Attorney General, Commissioner of State Lands, Auditor of State, member of the House of Representatives, and member of the Senate; and

(2) "State agency" means every board, commission, department, division, institution, and other office of state government whether located within the legislative, executive, or judicial branch of government and including state-supported colleges and universities.

Acts 1999, No. 34, § 1.
Ark. Code Ann. § 21-5-905 — AR Code / Title 21 / Chapter 5 / Subchapter 9 / Section 21-5-905
Rules
Status: in_force

The Employee Benefits Division shall promulgate rules to administer this subchapter. Added by Act 2023, No. 533,§ 11, eff. 8/1/2023.

The Employee Benefits Division shall promulgate rules to administer this subchapter.

Added by Act 2023, No. 533,§ 11, eff. 8/1/2023.
Ark. Code Ann. § 21-6-411 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-411
Prosecuting attorneys - Certain checks, orders, drafts, or other forms of presentment involving transmission of account information
Status: in_force

(a) A prosecuting attorney may collect a fee if his or her office collects and processes a check, order, draft, or other form of presentment involving the transmission of account information if the check, order, draft, or other form of presentment involving the transmission of account information has been issued or passed in a manner that makes the issuance or passing an offense under the: (1) Arkansas Criminal Code; or (2) Arkansas Hot Check Law, § 5-37-301 et seq. (b) A prosecuting attorney may collect a fee from any person issuing a bad check as described in subsection (a) of this section. The amount of the fee shall not exceed: (1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100); (2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300); (3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and (4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500). (c) If the person from whom the fee is collected was a party to the offense of forgery, under §§ 5-37-101 and 5-37-201 - 5-37-214 , by altering the face amount of the check, order, draft, or other form of presentment involving the transmission of account information, the face amount as altered governs for purposes of determining the amount of the fee. (d) Fees collected under this section shall be deposited into a special fund to be administered by the prosecuting attorney. (e) (1) In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff in the county discontinues his or her program. (2) In those counties in which the sheriff operates a hot check program, the sheriff's office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff's office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff's office. (f) This section is cumulative to all other acts and shall not repeal any other act. Amended by Act 2015, No. 1151,§ 1, eff. 7/22/2015. Acts 1985 (1st Ex. Sess.), No. 33, §§ 2-4; A.S.A. 1947, §§ 67-727, 67-728, 67-728n; Acts 2003, No. 1088, § 1; 2011, No. 997, § 1.

(a) A prosecuting attorney may collect a fee if his or her office collects and processes a check, order, draft, or other form of presentment involving the transmission of account information if the check, order, draft, or other form of presentment involving the transmission of account information has been issued or passed in a manner that makes the issuance or passing an offense under the: (1) Arkansas Criminal Code; or (2) Arkansas Hot Check Law, § 5-37-301 et seq.

(1) Arkansas Criminal Code; or

(2) Arkansas Hot Check Law, § 5-37-301 et seq.

(b) A prosecuting attorney may collect a fee from any person issuing a bad check as described in subsection (a) of this section. The amount of the fee shall not exceed: (1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100); (2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300); (3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and (4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500).

(1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100);

(2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300);

(3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and

(4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500).

(c) If the person from whom the fee is collected was a party to the offense of forgery, under §§ 5-37-101 and 5-37-201 - 5-37-214 , by altering the face amount of the check, order, draft, or other form of presentment involving the transmission of account information, the face amount as altered governs for purposes of determining the amount of the fee.

(d) Fees collected under this section shall be deposited into a special fund to be administered by the prosecuting attorney.

(e) (1) In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff in the county discontinues his or her program. (2) In those counties in which the sheriff operates a hot check program, the sheriff's office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff's office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff's office.

(1) In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff in the county discontinues his or her program.

(2) In those counties in which the sheriff operates a hot check program, the sheriff's office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff's office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff's office.

(f) This section is cumulative to all other acts and shall not repeal any other act.

Amended by Act 2015, No. 1151,§ 1, eff. 7/22/2015.

Acts 1985 (1st Ex. Sess.), No. 33, §§ 2-4; A.S.A. 1947, §§ 67-727, 67-728, 67-728n; Acts 2003, No. 1088, § 1; 2011, No. 997, § 1.
Ark. Code Ann. § 21-12-503 — AR Code / Title 21 / Chapter 12 / Subchapter 5 / Section 21-12-503
Eliminated positions to be removed from budget
Status: in_force

The Office of Personnel Management and the Bureau of Legislative Research shall ensure that the eliminated positions are removed from the agency, institution, board, or commission budget for the next biennium. Acts 1999, No. 17, § 3.

The Office of Personnel Management and the Bureau of Legislative Research shall ensure that the eliminated positions are removed from the agency, institution, board, or commission budget for the next biennium.

Acts 1999, No. 17, § 3.
Ark. Code Ann. § 21-1-903 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-903
Definitions
Status: in_force

As used in this subchapter: (1) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, that infringes upon, calls into question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory; and (2) "Firearm" means a self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun. Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, that infringes upon, calls into question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory; and

(2) "Firearm" means a self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 21-4-501 — AR Code / Title 21 / Chapter 4 / Subchapter 5 / Section 21-4-501
Compensation for unused sick leave at retirement
Status: in_force

(a) Upon retirement or death, any employee or beneficiary of any employee of any agency of the State of Arkansas shall receive compensation for accumulated unused sick leave as follows: (1) If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary; (2) If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary; (3) If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and (4) If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary. (b) For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred sixty (260). (c) The Office of Personnel Management shall promulgate rules necessary to implement this subchapter. (d) In no event shall an employee or beneficiary of an employee receive an amount that exceeds seven thousand five hundred dollars ($7,500) upon retirement or death due to the provisions of this section. Amended by Act 2019, No. 315,§ 2320, eff. 7/24/2019. Acts 1999, No. 1127, § 1; 2001, No. 991, § 1.

(a) Upon retirement or death, any employee or beneficiary of any employee of any agency of the State of Arkansas shall receive compensation for accumulated unused sick leave as follows: (1) If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary; (2) If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary; (3) If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and (4) If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary.

(1) If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary;

(2) If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary;

(3) If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and

(4) If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary.

(b) For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred sixty (260).

(c) The Office of Personnel Management shall promulgate rules necessary to implement this subchapter.

(d) In no event shall an employee or beneficiary of an employee receive an amount that exceeds seven thousand five hundred dollars ($7,500) upon retirement or death due to the provisions of this section.

Amended by Act 2019, No. 315,§ 2320, eff. 7/24/2019.

Acts 1999, No. 1127, § 1; 2001, No. 991, § 1.
Ark. Code Ann. § 21-2-709 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-709
Determination of coverage - Assignment of rights
Status: in_force

(a) (1) (A) Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program. (B) The board may withhold claim determination and a loss payment until the investigation in each case has been completed and all information deemed necessary for determination of coverage under the program has been received. (2) If the board determines that the loss is covered under the program, then: (A) The Insurance Commissioner shall authorize fidelity bond loss payments from the Self-Insured Fidelity Bond Trust Fund to the participating governmental entity on a timely basis; and (B) The board shall: (i) Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and (ii) (a) Determine whether civil remedies should be pursued to recover the loss. (b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies. (3) All vouchers for a loss payment shall include as supporting documents a copy of the payment recommendation by the State Risk Manager and a copy of the proof of loss from the Legislative Auditor. (4) Any loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment. (b) (1) (A) Before any loss payment is paid from the fund, the recipient of the loss payment shall sign and return a transfer of rights form assigning to the program to the extent of the loss payment all rights and claims that the recipient may have against the official, officer, or employee involved. (B) The program shall be subrogated to all of the rights of the recipients of the loss payment to the extent of the loss payment. (2) (A) If the participating governmental entity shall sustain any loss that exceeds the amount of indemnity provided by the program, the participating governmental entity shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, by whomever made, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance. (B) Any remainder shall be applied to reimbursement of the program. (3) If a participating governmental entity fails to pay over an amount due the program under these provisions, the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity. Amended by Act 2023, No. 826,§ 6, eff. 8/1/2023. See note. Amended by Act 2021, No. 367,§ 7, eff. 7/28/2021. Amended by Act 2013, No. 1056,§ 2, eff. 8/16/2013. Acts 1987, No. 728, § 13; 1993, No. 319, § 4; 2005, No. 506, § 4. Act 2023, No. 826,§ 6purported to amend 21-5-709; however, the amendment has been implemented in this section to reflect the apparent intent of the legislature.

(a) (1) (A) Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program. (B) The board may withhold claim determination and a loss payment until the investigation in each case has been completed and all information deemed necessary for determination of coverage under the program has been received. (2) If the board determines that the loss is covered under the program, then: (A) The Insurance Commissioner shall authorize fidelity bond loss payments from the Self-Insured Fidelity Bond Trust Fund to the participating governmental entity on a timely basis; and (B) The board shall: (i) Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and (ii) (a) Determine whether civil remedies should be pursued to recover the loss. (b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies. (3) All vouchers for a loss payment shall include as supporting documents a copy of the payment recommendation by the State Risk Manager and a copy of the proof of loss from the Legislative Auditor. (4) Any loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment.

(1) (A) Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program. (B) The board may withhold claim determination and a loss payment until the investigation in each case has been completed and all information deemed necessary for determination of coverage under the program has been received.

(A) Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program.

(B) The board may withhold claim determination and a loss payment until the investigation in each case has been completed and all information deemed necessary for determination of coverage under the program has been received.

(2) If the board determines that the loss is covered under the program, then: (A) The Insurance Commissioner shall authorize fidelity bond loss payments from the Self-Insured Fidelity Bond Trust Fund to the participating governmental entity on a timely basis; and (B) The board shall: (i) Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and (ii) (a) Determine whether civil remedies should be pursued to recover the loss. (b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies.

(A) The Insurance Commissioner shall authorize fidelity bond loss payments from the Self-Insured Fidelity Bond Trust Fund to the participating governmental entity on a timely basis; and

(B) The board shall: (i) Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and (ii) (a) Determine whether civil remedies should be pursued to recover the loss. (b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies.

(i) Provide a timely explanation of a loss payment and a denial of loss to the Legislative Auditor and to the participating governmental entity; and

(ii) (a) Determine whether civil remedies should be pursued to recover the loss. (b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies.

(a) Determine whether civil remedies should be pursued to recover the loss.

(b) In making a determination under subdivision (a)(2)(B)(ii) (a) of this section, the board shall consider the cost-effectiveness of pursuing civil remedies.

(3) All vouchers for a loss payment shall include as supporting documents a copy of the payment recommendation by the State Risk Manager and a copy of the proof of loss from the Legislative Auditor.

(4) Any loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment.

(b) (1) (A) Before any loss payment is paid from the fund, the recipient of the loss payment shall sign and return a transfer of rights form assigning to the program to the extent of the loss payment all rights and claims that the recipient may have against the official, officer, or employee involved. (B) The program shall be subrogated to all of the rights of the recipients of the loss payment to the extent of the loss payment. (2) (A) If the participating governmental entity shall sustain any loss that exceeds the amount of indemnity provided by the program, the participating governmental entity shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, by whomever made, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance. (B) Any remainder shall be applied to reimbursement of the program. (3) If a participating governmental entity fails to pay over an amount due the program under these provisions, the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity.

(1) (A) Before any loss payment is paid from the fund, the recipient of the loss payment shall sign and return a transfer of rights form assigning to the program to the extent of the loss payment all rights and claims that the recipient may have against the official, officer, or employee involved. (B) The program shall be subrogated to all of the rights of the recipients of the loss payment to the extent of the loss payment.

(A) Before any loss payment is paid from the fund, the recipient of the loss payment shall sign and return a transfer of rights form assigning to the program to the extent of the loss payment all rights and claims that the recipient may have against the official, officer, or employee involved.

(B) The program shall be subrogated to all of the rights of the recipients of the loss payment to the extent of the loss payment.

(2) (A) If the participating governmental entity shall sustain any loss that exceeds the amount of indemnity provided by the program, the participating governmental entity shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, by whomever made, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance. (B) Any remainder shall be applied to reimbursement of the program.

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

(B) Any remainder shall be applied to reimbursement of the program.

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

Amended by Act 2023, No. 826,§ 6, eff. 8/1/2023. See note.

Amended by Act 2021, No. 367,§ 7, eff. 7/28/2021.

Amended by Act 2013, No. 1056,§ 2, eff. 8/16/2013.

Acts 1987, No. 728, § 13; 1993, No. 319, § 4; 2005, No. 506, § 4.

Act 2023, No. 826,§ 6purported to amend 21-5-709; however, the amendment has been implemented in this section to reflect the apparent intent of the legislature.
Ark. Code Ann. § 21-1-102 — AR Code / Title 21 / Chapter 1 / Subchapter 1 / Section 21-1-102
Term of office of certain officers
Status: in_force

(a) (1) The terms of office of the Justices of the Supreme Court, all district officers, except state senators, all county officers, except members of the lower house of the General Assembly, and all township officers and road overseers, when road overseers are elected, shall begin on January 1 following their election. (2) The term of office of the Commissioner of State Lands shall begin on the same date as provided in Arkansas Constitution, Article 6, § 3, for other constitutional officers. (3) However, in the case of a special election to fill an unexpired term, or to fill an office created after the last preceding general election, the term of the officer so elected shall begin as soon after the election as the result can be ascertained and the person elected can be commissioned and qualified. (b) All officers shall hold their respective offices for the term prescribed by the law and until their successors are elected and qualified. Acts 1917, No. 154, § 1, p. 809; C. & M. Dig., §§ 8071, 8072; Pope's Dig., §§ 10400, 10401; A.S.A. 1947, § 12-112; Acts 2009, No. 646, § 1.

(a) (1) The terms of office of the Justices of the Supreme Court, all district officers, except state senators, all county officers, except members of the lower house of the General Assembly, and all township officers and road overseers, when road overseers are elected, shall begin on January 1 following their election. (2) The term of office of the Commissioner of State Lands shall begin on the same date as provided in Arkansas Constitution, Article 6, § 3, for other constitutional officers. (3) However, in the case of a special election to fill an unexpired term, or to fill an office created after the last preceding general election, the term of the officer so elected shall begin as soon after the election as the result can be ascertained and the person elected can be commissioned and qualified.

(1) The terms of office of the Justices of the Supreme Court, all district officers, except state senators, all county officers, except members of the lower house of the General Assembly, and all township officers and road overseers, when road overseers are elected, shall begin on January 1 following their election.

(2) The term of office of the Commissioner of State Lands shall begin on the same date as provided in Arkansas Constitution, Article 6, § 3, for other constitutional officers.

(3) However, in the case of a special election to fill an unexpired term, or to fill an office created after the last preceding general election, the term of the officer so elected shall begin as soon after the election as the result can be ascertained and the person elected can be commissioned and qualified.

(b) All officers shall hold their respective offices for the term prescribed by the law and until their successors are elected and qualified.

Acts 1917, No. 154, § 1, p. 809; C. & M. Dig., §§ 8071, 8072; Pope's Dig., §§ 10400, 10401; A.S.A. 1947, § 12-112; Acts 2009, No. 646, § 1.
Ark. Code Ann. § 21-5-226 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-226
Vacant positions - Legislative findings - Reporting requirements
Status: in_force

(a) (1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding and personnel for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly. (2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account. (3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section. (4) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void. (b) (1) On or before June 15 of each calendar year, the Office of Personnel Management shall identify each position authorized for the use of a state agency that has been vacant for two (2) or more years. (2) Positions identified under subdivision (b)(1) of this section shall be annually reported to the Personnel Subcommittee of the Legislative Council at its first meeting after June 15. (3) A state agency shall not fill or otherwise utilize a position identified under subdivision (b)(1) of this section without the prior approval of the: (A) Legislative Council; or (B) The Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session. (4) (A) The office shall submit an updated report of the state agency positions that have been vacant for two (2) years or more to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) The updated report under subdivision (b)(4)(A) of this section shall: (i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and (ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office. (C) A state agency shall not request the further authorization of a vacant position identified in the report under subdivision (b)(4)(A) of this section. (c) (1) If a state agency determines that a position authorized for use by the state agency is no longer required for the necessary and efficient operation of the state agency, the state agency may submit a request to the office that the position be: (A) Terminated for the remainder of the fiscal year; and (B) Identified as a position not requested for continued authorization at the next presession budget hearings of the Legislative Council and Joint Budget Committee preceding each regular session and fiscal session of the General Assembly. (2) (A) The office shall submit a report of the state agency positions identified as a position not requested for continued authorization under subdivision (c)(1) of this section to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) A state agency shall not request the further authorization of a position identified in the report under subdivision (c)(2)(A) of this section. Added by Act 2021, No. 796,§ 1, eff. 4/20/2021.

(a) (1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding and personnel for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly. (2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account. (3) It is both necessary and appropriate that the General Assembly maintain oversight by requiring approval of the Legislative Council, or the Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session, as provided by this section. (4) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(1) The General Assembly finds that determining the maximum amount of an appropriation, the purpose for the expenditure of appropriations, and funding and personnel for a state agency, state department, or state institution each fiscal year is the prerogative of the General Assembly.

(2) Determinations under subdivision (a)(1) of this section are typically accomplished by delineating the maximums and purposes in the appropriation act for a state agency, including without limitation authorizing appropriations for each fund and fund account.

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

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

(A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section.

(B) If the requirement of approval under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(b) (1) On or before June 15 of each calendar year, the Office of Personnel Management shall identify each position authorized for the use of a state agency that has been vacant for two (2) or more years. (2) Positions identified under subdivision (b)(1) of this section shall be annually reported to the Personnel Subcommittee of the Legislative Council at its first meeting after June 15. (3) A state agency shall not fill or otherwise utilize a position identified under subdivision (b)(1) of this section without the prior approval of the: (A) Legislative Council; or (B) The Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session. (4) (A) The office shall submit an updated report of the state agency positions that have been vacant for two (2) years or more to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) The updated report under subdivision (b)(4)(A) of this section shall: (i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and (ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office. (C) A state agency shall not request the further authorization of a vacant position identified in the report under subdivision (b)(4)(A) of this section.

(1) On or before June 15 of each calendar year, the Office of Personnel Management shall identify each position authorized for the use of a state agency that has been vacant for two (2) or more years.

(2) Positions identified under subdivision (b)(1) of this section shall be annually reported to the Personnel Subcommittee of the Legislative Council at its first meeting after June 15.

(3) A state agency shall not fill or otherwise utilize a position identified under subdivision (b)(1) of this section without the prior approval of the: (A) Legislative Council; or (B) The Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.

(A) Legislative Council; or

(B) The Joint Budget Committee if the General Assembly is in regular, fiscal, or extraordinary session.

(4) (A) The office shall submit an updated report of the state agency positions that have been vacant for two (2) years or more to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) The updated report under subdivision (b)(4)(A) of this section shall: (i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and (ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office. (C) A state agency shall not request the further authorization of a vacant position identified in the report under subdivision (b)(4)(A) of this section.

(A) The office shall submit an updated report of the state agency positions that have been vacant for two (2) years or more to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly.

(B) The updated report under subdivision (b)(4)(A) of this section shall: (i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and (ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office.

(i) Exclude positions filled or utilized upon the approval of the Legislative Council or Joint Budget Committee under subdivision (b)(3) of this section; and

(ii) Include any state agency positions vacant for two (2) years or more that were subsequently identified by the office.

(C) A state agency shall not request the further authorization of a vacant position identified in the report under subdivision (b)(4)(A) of this section.

(c) (1) If a state agency determines that a position authorized for use by the state agency is no longer required for the necessary and efficient operation of the state agency, the state agency may submit a request to the office that the position be: (A) Terminated for the remainder of the fiscal year; and (B) Identified as a position not requested for continued authorization at the next presession budget hearings of the Legislative Council and Joint Budget Committee preceding each regular session and fiscal session of the General Assembly. (2) (A) The office shall submit a report of the state agency positions identified as a position not requested for continued authorization under subdivision (c)(1) of this section to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) A state agency shall not request the further authorization of a position identified in the report under subdivision (c)(2)(A) of this section.

(1) If a state agency determines that a position authorized for use by the state agency is no longer required for the necessary and efficient operation of the state agency, the state agency may submit a request to the office that the position be: (A) Terminated for the remainder of the fiscal year; and (B) Identified as a position not requested for continued authorization at the next presession budget hearings of the Legislative Council and Joint Budget Committee preceding each regular session and fiscal session of the General Assembly.

(A) Terminated for the remainder of the fiscal year; and

(B) Identified as a position not requested for continued authorization at the next presession budget hearings of the Legislative Council and Joint Budget Committee preceding each regular session and fiscal session of the General Assembly.

(2) (A) The office shall submit a report of the state agency positions identified as a position not requested for continued authorization under subdivision (c)(1) of this section to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly. (B) A state agency shall not request the further authorization of a position identified in the report under subdivision (c)(2)(A) of this section.

(A) The office shall submit a report of the state agency positions identified as a position not requested for continued authorization under subdivision (c)(1) of this section to the Legislative Council and the Joint Budget Committee at least five (5) days before the beginning of the presession budget hearings preceding each regular session and fiscal session of the General Assembly.

(B) A state agency shall not request the further authorization of a position identified in the report under subdivision (c)(2)(A) of this section.

Added by Act 2021, No. 796,§ 1, eff. 4/20/2021.
Ark. Code Ann. § 21-7-211 — AR Code / Title 21 / Chapter 7 / Subchapter 2 / Section 21-7-211
Failure of officer to render and settle accounts
Status: in_force

If any collector, sheriff, clerk, or other officer shall willfully neglect or refuse to render his or her accounts and settle with the county court for moneys received by him or her, or which he or she ought to have received, to the use of the county, in the manner and at the time prescribed by this subchapter or shall render a false account, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly. Rev. Stat., ch. 41, § 36; C. & M. Dig., § 2816; Pope's Dig., § 3534; A.S.A. 1947, § 12-1812.

If any collector, sheriff, clerk, or other officer shall willfully neglect or refuse to render his or her accounts and settle with the county court for moneys received by him or her, or which he or she ought to have received, to the use of the county, in the manner and at the time prescribed by this subchapter or shall render a false account, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly.

Rev. Stat., ch. 41, § 36; C. & M. Dig., § 2816; Pope's Dig., § 3534; A.S.A. 1947, § 12-1812.
Ark. Code Ann. § 21-5-405 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-405
Additional duties of board
Status: in_force

(a) (1) The State Board of Finance and the Director of the Employee Benefits Division shall take a risk management approach in designing the State and Public School Life and Health Insurance Program. (2) The board shall ensure that the program, including all plan options offered under the program, is maintained on an actuarially sound basis as determined by actuarial standards established by the board. (b) In addition to the objectives stated in § 21-5-404 , the board shall: (1) Develop uniform standards of vendor plan option funding; (2) Promote increased access to plan options offered under the program; (3) Promote access to vendors who will enhance plan option availability in rural Arkansas and in bordering states; (4) (A) Use the purchasing power of the program to foster competition among vendors and providers for the plan options offered under the program. (B) A state agency or school district that accepts state funds intended to partially defray the cost of health and life insurance for state employees or public school employees shall: (i) Use those funds only for the program; and (ii) Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board; (5) Assure guaranteed issue; (6) Ensure an annual enrollment period; (7) Verify that a dependent is eligible for coverage under the program as determined by the board; and (8) Beginning in the 2015 plan year, implement a policy applicable to a participating entity to identify funds that are not required to be paid for federal taxes under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq., generated from health insurance pretaxed premiums only, and use the identified funds for premium assistance. (c) Vendors of plan options offered under the program shall provide detailed information in order to justify rate increases or inadequate performance reporting as defined by the board. (d) 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) shall provide the board with an annual report of voluntary products to be offered to state employees during open enrollment. Amended by Act 2023, No. 533,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 1004,§ 14, eff. 4/28/2021. Amended by Act 2019, No. 315,§ 2322, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6140, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6139, eff. 7/1/2019. Amended by Act 2015, No. 910,§ 2, eff. 7/22/2015. Amended by Act 2014EX2, No. 6,§ 6, eff. 10/1/2014. Amended by Act 2014EX2, No. 6,§ 5, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 6, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 5, eff. 10/1/2014. Amended by Act 2014, No. 293,§ 12, eff. 7/1/2014. 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, § 5; 1997, No. 1295, § 1; 1999, No. 1280, § 5; 2007, No. 1009, § 5.

(a) (1) The State Board of Finance and the Director of the Employee Benefits Division shall take a risk management approach in designing the State and Public School Life and Health Insurance Program. (2) The board shall ensure that the program, including all plan options offered under the program, is maintained on an actuarially sound basis as determined by actuarial standards established by the board.

(1) The State Board of Finance and the Director of the Employee Benefits Division shall take a risk management approach in designing the State and Public School Life and Health Insurance Program.

(2) The board shall ensure that the program, including all plan options offered under the program, is maintained on an actuarially sound basis as determined by actuarial standards established by the board.

(b) In addition to the objectives stated in § 21-5-404 , the board shall: (1) Develop uniform standards of vendor plan option funding; (2) Promote increased access to plan options offered under the program; (3) Promote access to vendors who will enhance plan option availability in rural Arkansas and in bordering states; (4) (A) Use the purchasing power of the program to foster competition among vendors and providers for the plan options offered under the program. (B) A state agency or school district that accepts state funds intended to partially defray the cost of health and life insurance for state employees or public school employees shall: (i) Use those funds only for the program; and (ii) Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board; (5) Assure guaranteed issue; (6) Ensure an annual enrollment period; (7) Verify that a dependent is eligible for coverage under the program as determined by the board; and (8) Beginning in the 2015 plan year, implement a policy applicable to a participating entity to identify funds that are not required to be paid for federal taxes under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq., generated from health insurance pretaxed premiums only, and use the identified funds for premium assistance.

(1) Develop uniform standards of vendor plan option funding;

(2) Promote increased access to plan options offered under the program;

(3) Promote access to vendors who will enhance plan option availability in rural Arkansas and in bordering states;

(4) (A) Use the purchasing power of the program to foster competition among vendors and providers for the plan options offered under the program. (B) A state agency or school district that accepts state funds intended to partially defray the cost of health and life insurance for state employees or public school employees shall: (i) Use those funds only for the program; and (ii) Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board;

(A) Use the purchasing power of the program to foster competition among vendors and providers for the plan options offered under the program.

(B) A state agency or school district that accepts state funds intended to partially defray the cost of health and life insurance for state employees or public school employees shall: (i) Use those funds only for the program; and (ii) Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board;

(i) Use those funds only for the program; and

(ii) Agree to rules of program participation as stated in the policies adopted by the board and as defined in the rules and procedures issued by the director, including without limitation timely eligibility reporting, prepayment of insurance premiums, actuarial adjustment for new enrollees, and any other requirements deemed necessary by the board;

(5) Assure guaranteed issue;

(6) Ensure an annual enrollment period;

(7) Verify that a dependent is eligible for coverage under the program as determined by the board; and

(8) Beginning in the 2015 plan year, implement a policy applicable to a participating entity to identify funds that are not required to be paid for federal taxes under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq., generated from health insurance pretaxed premiums only, and use the identified funds for premium assistance.

(c) Vendors of plan options offered under the program shall provide detailed information in order to justify rate increases or inadequate performance reporting as defined by the board.

(d) 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) shall provide the board with an annual report of voluntary products to be offered to state employees during open enrollment.

Amended by Act 2023, No. 533,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 1004,§ 14, eff. 4/28/2021.

Amended by Act 2019, No. 315,§ 2322, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6140, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6139, eff. 7/1/2019.

Amended by Act 2015, No. 910,§ 2, eff. 7/22/2015.

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

Amended by Act 2014EX2, No. 6,§ 5, eff. 10/1/2014.

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

Amended by Act 2014EX2, No. 3,§ 5, eff. 10/1/2014.

Amended by Act 2014, No. 293,§ 12, eff. 7/1/2014.

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, § 5; 1997, No. 1295, § 1; 1999, No. 1280, § 5; 2007, No. 1009, § 5.
Ark. Code Ann. § 21-15-111 — AR Code / Title 21 / Chapter 15 / Section 21-15-111
Hiring new employees into designated financial or information technology positions
Status: in_force

(a) (1) (A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall submit the form to the state agency as part of the application process. (B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the database of criminal history. (C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant. (2) If no criminal history record regarding the applicant is found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (3) (A) If a criminal history record regarding the applicant is found in the database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check. (b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) (A) If the state agency can verify that the applicant has been employed by a state agency in a designated financial or information technology position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old. (c) (1) Upon completion of a criminal history check on an applicant, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that an applicant is disqualified from employment, then the state agency shall deny employment to the applicant. (d) 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) Before making a temporary or permanent offer of employment, a state agency shall inform an applicant that: (1) Continued employment is contingent upon the results of a criminal history check; and (2) The applicant 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. No person shall be eligible for employment with a state agency in a designated financial or information technology position if that person 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 as prohibited in the Arkansas Hot Check Law, § 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. Amended by Act 2015, No. 1151,§ 3, eff. 7/22/2015. Acts 2005, No. 1422, § 3; 2007, No. 991, § 7.

(a) (1) (A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall submit the form to the state agency as part of the application process. (B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the database of criminal history. (C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant. (2) If no criminal history record regarding the applicant is found in the database, then the state agency may make an offer of temporary employment to the applicant while the bureau completes a criminal history check and the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (3) (A) If a criminal history record regarding the applicant is found in the database, then the applicant is temporarily disqualified from employment until the state agency determines whether the applicant is disqualified from employment under subsection (f) of this section. (B) If the state agency determines that the applicant is not disqualified, then the state agency may continue to temporarily employ the applicant while the bureau completes a criminal history check.

(1) (A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall submit the form to the state agency as part of the application process. (B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the database of criminal history. (C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant.

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

(B) Within five (5) days of the state agency's decision to make an offer of employment to the applicant, the state agency shall use the Online Criminal Background Check System to obtain the criminal history or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police and request the bureau to review the database of criminal history.

(C) Within three (3) days of the receipt of a request to review the database, the bureau shall notify the state agency if the database contains any criminal history record on the applicant.

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

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

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

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

(b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) (A) If the state agency can verify that the applicant has been employed by a state agency in a designated financial or information technology position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.

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

(2) (A) If the state agency can verify that the applicant has been employed by a state agency in a designated financial or information technology position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (B) If the state agency can verify that the selected applicant currently works for a state agency in a designated position or a designated financial or information technology position and the state agency can provide verification that a criminal history check for that position has been completed in the last five (5) years, the state agency does not need to conduct another criminal history check on the employee until the criminal history check is five (5) years old.

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

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

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

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

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

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

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

(d) 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) Before making a temporary or permanent offer of employment, a state agency shall inform an applicant that: (1) Continued employment is contingent upon the results of a criminal history check; and (2) The applicant 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 applicant 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. No person shall be eligible for employment with a state agency in a designated financial or information technology position if that person 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 as prohibited in the Arkansas Hot Check Law, § 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 as prohibited in the Arkansas Hot Check Law, § 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.

Amended by Act 2015, No. 1151,§ 3, eff. 7/22/2015.

Acts 2005, No. 1422, § 3; 2007, No. 991, § 7.
Ark. Code Ann. § 21-11-107 — AR Code / Title 21 / Chapter 11 / Section 21-11-107
Awards for suggestions
Status: in_force

(a) (1) (A) Any monetary award granted for a suggestion which may improve the economy and efficiency of state government shall be the greater of one hundred dollars ($100) or ten percent (10%) of the amount of savings. (B) However, the monetary award shall be limited to a maximum of five thousand dollars ($5,000) unless a larger award is recommended by resolution of the General Assembly. (2) If an employee's suggestion appears to be one which may improve the economy and efficiency of state government but would require legislative enactment, the suggestor shall receive a monetary award as prescribed in subsection (a) of this section based on the actual net savings after the end of the first year following implementation of the suggestion. (b) When implementation of a suggestion would not result in cost reduction or avoidance but would visibly improve the operations of a process or program or improve public relations, safety, or effectiveness of operations as indicated in § 21-11-103 , recognition of the suggestor will be made by the issuance of a suitable certificate and a monetary award of one hundred dollars ($100). Acts 1981, No. 856, §§ 7, 8, 11; A.S.A. 1947, §§ 12-4006, 12-4007, 12-4011; Acts 1991, No. 1219, § 2.

(a) (1) (A) Any monetary award granted for a suggestion which may improve the economy and efficiency of state government shall be the greater of one hundred dollars ($100) or ten percent (10%) of the amount of savings. (B) However, the monetary award shall be limited to a maximum of five thousand dollars ($5,000) unless a larger award is recommended by resolution of the General Assembly. (2) If an employee's suggestion appears to be one which may improve the economy and efficiency of state government but would require legislative enactment, the suggestor shall receive a monetary award as prescribed in subsection (a) of this section based on the actual net savings after the end of the first year following implementation of the suggestion.

(1) (A) Any monetary award granted for a suggestion which may improve the economy and efficiency of state government shall be the greater of one hundred dollars ($100) or ten percent (10%) of the amount of savings. (B) However, the monetary award shall be limited to a maximum of five thousand dollars ($5,000) unless a larger award is recommended by resolution of the General Assembly.

(A) Any monetary award granted for a suggestion which may improve the economy and efficiency of state government shall be the greater of one hundred dollars ($100) or ten percent (10%) of the amount of savings.

(B) However, the monetary award shall be limited to a maximum of five thousand dollars ($5,000) unless a larger award is recommended by resolution of the General Assembly.

(2) If an employee's suggestion appears to be one which may improve the economy and efficiency of state government but would require legislative enactment, the suggestor shall receive a monetary award as prescribed in subsection (a) of this section based on the actual net savings after the end of the first year following implementation of the suggestion.

(b) When implementation of a suggestion would not result in cost reduction or avoidance but would visibly improve the operations of a process or program or improve public relations, safety, or effectiveness of operations as indicated in § 21-11-103 , recognition of the suggestor will be made by the issuance of a suitable certificate and a monetary award of one hundred dollars ($100).

Acts 1981, No. 856, §§ 7, 8, 11; A.S.A. 1947, §§ 12-4006, 12-4007, 12-4011; Acts 1991, No. 1219, § 2.
Ark. Code Ann. § 21-14-307 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-307
Physical proximity of signers of electronic documents required
Status: in_force

(a) An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act. (b) (1) The methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization under this chapter. (2) The electronic notary public shall not under any circumstances base identification merely upon familiarity with the electronic signature of the signer or an electronic verification process that authenticates the electronic signature of the signer when the signer is not in the physical presence of the electronic notary public. (c) This section does not apply to online notarial acts as described in § 21-14-309 . Amended by Act 2021, No. 1047,§ 6, eff. 4/29/2021. Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.

(a) An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act.

(b) (1) The methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization under this chapter. (2) The electronic notary public shall not under any circumstances base identification merely upon familiarity with the electronic signature of the signer or an electronic verification process that authenticates the electronic signature of the signer when the signer is not in the physical presence of the electronic notary public.

(1) The methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization under this chapter.

(2) The electronic notary public shall not under any circumstances base identification merely upon familiarity with the electronic signature of the signer or an electronic verification process that authenticates the electronic signature of the signer when the signer is not in the physical presence of the electronic notary public.

(c) This section does not apply to online notarial acts as described in § 21-14-309 .

Amended by Act 2021, No. 1047,§ 6, eff. 4/29/2021.

Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 21-5-1101 — AR Code / Title 21 / Chapter 5 / Subchapter 11 / Section 21-5-1101
Merit increase pay system - definition
Status: in_force

(a) (1) The Department of Transformation and Shared Services is authorized to develop and establish a merit increase pay system in accordance with the performance evaluation process under § 21-5-1001 et seq. for employees of all state agencies, boards, and commissions covered by the Uniform Classification and Compensation Act, § 21-5-201 et seq. (2) (A) The merit increase pay system shall be reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) If the department amends the merit increase pay system following its review under subdivision (a)(2)(A) of this section, it shall submit the amended merit increase pay system for approval by the Legislative Council or the Joint Budget Committee in the same manner provided by subdivision (a)(2)(A) of this section. (C) The department shall not implement an amended merit increase pay system prior to the approval of the amended merit increase pay system under subdivision (a)(2)(B) of this section. (b) For the purpose of this subchapter, "merit increase pay system" means a merit-based pay system that incorporates pay and performance evaluation standards according to § 21-5-1001 et seq. and establishes criteria for payments for employees who meet requisite performance categories. (c) Merit payments may be awarded to employees who satisfy performance evaluation-based criteria developed by agencies in accordance with procedures and policies developed and approved by the Office of Personnel Management after review by the Legislative Council. (d) A merit payment under this section may be awarded to an employee whose salary is equal to or above the maximum pay level for the grade assigned to the classification, resulting in the salary for the employee exceeding the maximum pay level for the grade assigned to the classification, if the merit payment resulting in an increase above the maximum pay level is approved by the: (1) Legislative Council; or (2) Joint Budget Committee, if the General Assembly is in regular, fiscal, or extraordinary session. (e) (1) 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 regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void. Amended by Act 2024, No. 172,§ 6, eff. 7/1/2024. Amended by Act 2023, No. 886,§ 3, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6149, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 27, eff. 7/1/2017. Amended by Act 2013, No. 1321,§ 6, eff. 7/1/2013. Acts 1999, No. 1061, § 1; 2001, No. 1461, § 12; 2003 (1st Ex. Sess.), No. 22, § 4; 2007, No. 289, § 1; 2007, No. 799, § 2; 2009, No. 688, § 14; 2011, No. 1017, § 10.

(a) (1) The Department of Transformation and Shared Services is authorized to develop and establish a merit increase pay system in accordance with the performance evaluation process under § 21-5-1001 et seq. for employees of all state agencies, boards, and commissions covered by the Uniform Classification and Compensation Act, § 21-5-201 et seq. (2) (A) The merit increase pay system shall be reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) If the department amends the merit increase pay system following its review under subdivision (a)(2)(A) of this section, it shall submit the amended merit increase pay system for approval by the Legislative Council or the Joint Budget Committee in the same manner provided by subdivision (a)(2)(A) of this section. (C) The department shall not implement an amended merit increase pay system prior to the approval of the amended merit increase pay system under subdivision (a)(2)(B) of this section.

(1) The Department of Transformation and Shared Services is authorized to develop and establish a merit increase pay system in accordance with the performance evaluation process under § 21-5-1001 et seq. for employees of all state agencies, boards, and commissions covered by the Uniform Classification and Compensation Act, § 21-5-201 et seq.

(2) (A) The merit increase pay system shall be reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) If the department amends the merit increase pay system following its review under subdivision (a)(2)(A) of this section, it shall submit the amended merit increase pay system for approval by the Legislative Council or the Joint Budget Committee in the same manner provided by subdivision (a)(2)(A) of this section. (C) The department shall not implement an amended merit increase pay system prior to the approval of the amended merit increase pay system under subdivision (a)(2)(B) of this section.

(A) The merit increase pay system shall be reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(B) If the department amends the merit increase pay system following its review under subdivision (a)(2)(A) of this section, it shall submit the amended merit increase pay system for approval by the Legislative Council or the Joint Budget Committee in the same manner provided by subdivision (a)(2)(A) of this section.

(C) The department shall not implement an amended merit increase pay system prior to the approval of the amended merit increase pay system under subdivision (a)(2)(B) of this section.

(b) For the purpose of this subchapter, "merit increase pay system" means a merit-based pay system that incorporates pay and performance evaluation standards according to § 21-5-1001 et seq. and establishes criteria for payments for employees who meet requisite performance categories.

(c) Merit payments may be awarded to employees who satisfy performance evaluation-based criteria developed by agencies in accordance with procedures and policies developed and approved by the Office of Personnel Management after review by the Legislative Council.

(d) A merit payment under this section may be awarded to an employee whose salary is equal to or above the maximum pay level for the grade assigned to the classification, resulting in the salary for the employee exceeding the maximum pay level for the grade assigned to the classification, if the merit payment resulting in an increase above the maximum pay level is approved by the: (1) Legislative Council; or (2) Joint Budget Committee, if the General Assembly is in regular, fiscal, or extraordinary session.

(1) Legislative Council; or

(2) Joint Budget Committee, if the General Assembly is in regular, fiscal, or extraordinary session.

(e) (1) 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 regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

(1) 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 regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section.

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

(A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section.

(B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

Amended by Act 2024, No. 172,§ 6, eff. 7/1/2024.

Amended by Act 2023, No. 886,§ 3, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6149, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 27, eff. 7/1/2017.

Amended by Act 2013, No. 1321,§ 6, eff. 7/1/2013.

Acts 1999, No. 1061, § 1; 2001, No. 1461, § 12; 2003 (1st Ex. Sess.), No. 22, § 4; 2007, No. 289, § 1; 2007, No. 799, § 2; 2009, No. 688, § 14; 2011, No. 1017, § 10.
Ark. Code Ann. § 21-2-804 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-804
Arkansas Self-Funded Cyber Response Program - Establishment - Scope of program coverage
Status: in_force

(a) (1) There is established the Arkansas Self-Funded Cyber Response Program to provide coverage for cybersecurity incidents and risks, damages, or losses caused by a cyberattack that are committed against a participating governmental entity. (2) The program shall be administered by the Arkansas Cyber Response Board. (3) All municipalities, counties, and school districts in this state shall participate in the program. (b) (1) Program coverage shall include actual losses, including without limitation repairing hardware and software damage sustained by a participating governmental entity, to an amount not to exceed the lesser of: (A) One hundred thousand dollars ($100,000); or (B) A maximum amount of cyber response coverage for cyberattacks based on minimum cybersecurity standards as established by the board. (2) Program coverage for loss of property other than money and securities is limited to the actual cash value of the property on the day that the loss was discovered. (3) Program coverage shall not be provided for a claim in which a participating governmental entity, through fraudulent means, takes money or other property from another participating governmental entity. (c) (1) The board shall establish minimum cybersecurity criteria for participating governmental entities. (2) A participating governmental entity shall have twelve (12) months to become compliant with the minimum cybersecurity criteria established under subdivision (c)(1) of this section. (3) The minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may differ between varying types and sizes of participating governmental entities. (4) (A) Failure to comply with the minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may result in the board's establishing lower program coverage amounts under subdivision (b)(1) of this section. (B) The minimum program coverage shall not include: (i) Compensatory damages; (ii) Punitive damages; (iii) Exemplary damages; (iv) Payment of a ransom demand; or (v) Any interest or penalty amounts that accrue on a claim made under this subchapter. (d) Program coverage shall not include a loss sustained by a participating governmental entity as a result of liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify a public official or public employee from or against liability incurred by the public official or public employee in the performance of his or her duties. (e) A participating governmental entity is legally liable for damages as a result of: (1) The deprivation or violation of a civil right of an individual by a public official or public employee; or (2) The tortious conduct of a public official or public employee. (f) Program coverage shall not include a loss sustained by a party other than a participating governmental entity. (g) (1) To sustain program coverage, a participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year, including an information systems audit, review, or assessment performed by Arkansas Legislative Audit. (2) (A) If a participating governmental entity or covered component of the participating governmental entity is not audited by Arkansas Legislative Audit, then the participating governmental entity or covered component of the participating governmental entity shall procure an audit, review, or assessment of its books, records, and information systems by an accountant in good standing with the Arkansas State Board of Public Accountancy according to government auditing standards issued by the Comptroller General of the United States. (B) The audit, review, or assessment under subdivision (g)(2)(A) of this section shall be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) (1) There is established the Arkansas Self-Funded Cyber Response Program to provide coverage for cybersecurity incidents and risks, damages, or losses caused by a cyberattack that are committed against a participating governmental entity. (2) The program shall be administered by the Arkansas Cyber Response Board. (3) All municipalities, counties, and school districts in this state shall participate in the program.

(1) There is established the Arkansas Self-Funded Cyber Response Program to provide coverage for cybersecurity incidents and risks, damages, or losses caused by a cyberattack that are committed against a participating governmental entity.

(2) The program shall be administered by the Arkansas Cyber Response Board.

(3) All municipalities, counties, and school districts in this state shall participate in the program.

(b) (1) Program coverage shall include actual losses, including without limitation repairing hardware and software damage sustained by a participating governmental entity, to an amount not to exceed the lesser of: (A) One hundred thousand dollars ($100,000); or (B) A maximum amount of cyber response coverage for cyberattacks based on minimum cybersecurity standards as established by the board. (2) Program coverage for loss of property other than money and securities is limited to the actual cash value of the property on the day that the loss was discovered. (3) Program coverage shall not be provided for a claim in which a participating governmental entity, through fraudulent means, takes money or other property from another participating governmental entity.

(1) Program coverage shall include actual losses, including without limitation repairing hardware and software damage sustained by a participating governmental entity, to an amount not to exceed the lesser of: (A) One hundred thousand dollars ($100,000); or (B) A maximum amount of cyber response coverage for cyberattacks based on minimum cybersecurity standards as established by the board.

(A) One hundred thousand dollars ($100,000); or

(B) A maximum amount of cyber response coverage for cyberattacks based on minimum cybersecurity standards as established by the board.

(2) Program coverage for loss of property other than money and securities is limited to the actual cash value of the property on the day that the loss was discovered.

(3) Program coverage shall not be provided for a claim in which a participating governmental entity, through fraudulent means, takes money or other property from another participating governmental entity.

(c) (1) The board shall establish minimum cybersecurity criteria for participating governmental entities. (2) A participating governmental entity shall have twelve (12) months to become compliant with the minimum cybersecurity criteria established under subdivision (c)(1) of this section. (3) The minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may differ between varying types and sizes of participating governmental entities. (4) (A) Failure to comply with the minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may result in the board's establishing lower program coverage amounts under subdivision (b)(1) of this section. (B) The minimum program coverage shall not include: (i) Compensatory damages; (ii) Punitive damages; (iii) Exemplary damages; (iv) Payment of a ransom demand; or (v) Any interest or penalty amounts that accrue on a claim made under this subchapter.

(1) The board shall establish minimum cybersecurity criteria for participating governmental entities.

(2) A participating governmental entity shall have twelve (12) months to become compliant with the minimum cybersecurity criteria established under subdivision (c)(1) of this section.

(3) The minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may differ between varying types and sizes of participating governmental entities.

(4) (A) Failure to comply with the minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may result in the board's establishing lower program coverage amounts under subdivision (b)(1) of this section. (B) The minimum program coverage shall not include: (i) Compensatory damages; (ii) Punitive damages; (iii) Exemplary damages; (iv) Payment of a ransom demand; or (v) Any interest or penalty amounts that accrue on a claim made under this subchapter.

(A) Failure to comply with the minimum cybersecurity criteria established by the board under subdivision (c)(1) of this section may result in the board's establishing lower program coverage amounts under subdivision (b)(1) of this section.

(B) The minimum program coverage shall not include: (i) Compensatory damages; (ii) Punitive damages; (iii) Exemplary damages; (iv) Payment of a ransom demand; or (v) Any interest or penalty amounts that accrue on a claim made under this subchapter.

(i) Compensatory damages;

(ii) Punitive damages;

(iii) Exemplary damages;

(iv) Payment of a ransom demand; or

(v) Any interest or penalty amounts that accrue on a claim made under this subchapter.

(d) Program coverage shall not include a loss sustained by a participating governmental entity as a result of liability imposed upon or assumed by the participating governmental entity to exonerate or indemnify a public official or public employee from or against liability incurred by the public official or public employee in the performance of his or her duties.

(e) A participating governmental entity is legally liable for damages as a result of: (1) The deprivation or violation of a civil right of an individual by a public official or public employee; or (2) The tortious conduct of a public official or public employee.

(1) The deprivation or violation of a civil right of an individual by a public official or public employee; or

(2) The tortious conduct of a public official or public employee.

(f) Program coverage shall not include a loss sustained by a party other than a participating governmental entity.

(g) (1) To sustain program coverage, a participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year, including an information systems audit, review, or assessment performed by Arkansas Legislative Audit. (2) (A) If a participating governmental entity or covered component of the participating governmental entity is not audited by Arkansas Legislative Audit, then the participating governmental entity or covered component of the participating governmental entity shall procure an audit, review, or assessment of its books, records, and information systems by an accountant in good standing with the Arkansas State Board of Public Accountancy according to government auditing standards issued by the Comptroller General of the United States. (B) The audit, review, or assessment under subdivision (g)(2)(A) of this section shall be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.

(1) To sustain program coverage, a participating governmental entity, including each segment or component of the participating governmental entity for which coverage is available under the program, shall procure an audit of its books and records for each fiscal year, including an information systems audit, review, or assessment performed by Arkansas Legislative Audit.

(2) (A) If a participating governmental entity or covered component of the participating governmental entity is not audited by Arkansas Legislative Audit, then the participating governmental entity or covered component of the participating governmental entity shall procure an audit, review, or assessment of its books, records, and information systems by an accountant in good standing with the Arkansas State Board of Public Accountancy according to government auditing standards issued by the Comptroller General of the United States. (B) The audit, review, or assessment under subdivision (g)(2)(A) of this section shall be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.

(A) If a participating governmental entity or covered component of the participating governmental entity is not audited by Arkansas Legislative Audit, then the participating governmental entity or covered component of the participating governmental entity shall procure an audit, review, or assessment of its books, records, and information systems by an accountant in good standing with the Arkansas State Board of Public Accountancy according to government auditing standards issued by the Comptroller General of the United States.

(B) The audit, review, or assessment under subdivision (g)(2)(A) of this section shall be completed within eighteen (18) months of the close of each participating governmental entity's fiscal year.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-5-206 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-206
Legislative Council - Duties
Status: in_force

In order to assist the General Assembly in more efficiently performing its constitutional duty, that being ". the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law", the Legislative Council shall: (1) Review the establishment and implementation of new classification titles proposed between legislative sessions due to program changes; (2) Review the staffing levels of all agencies covered by this subchapter and submit to the General Assembly, when in regular session, fiscal session, or special session, recommendations for revisions, modifications, or additions thereto; (3) Conduct, when necessary, salary surveys of the private and public sector of jobs comparable to those contained in § 21-5-208 for purposes of establishing equitable and competitive rates of compensation for employees occupying positions affected by this subchapter; (4) Periodically review and recommend any changes found necessary in the job evaluation system used to set salary grade levels for all classifications affected by this section and forward the recommendations to the Office of Personnel Management; and (5) Prepare and submit recommendations for revisions in this subchapter to the General Assembly when in session. Amended by Act 2017, No. 365,§ 11, eff. 7/1/2017. Acts 1985, No. 981, § 8; A.S.A. 1947, § 12-3212; Acts 1989, No. 793, § 5; 2009, No. 962, § 40.

In order to assist the General Assembly in more efficiently performing its constitutional duty, that being ". the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law", the Legislative Council shall:

(1) Review the establishment and implementation of new classification titles proposed between legislative sessions due to program changes;

(2) Review the staffing levels of all agencies covered by this subchapter and submit to the General Assembly, when in regular session, fiscal session, or special session, recommendations for revisions, modifications, or additions thereto;

(3) Conduct, when necessary, salary surveys of the private and public sector of jobs comparable to those contained in § 21-5-208 for purposes of establishing equitable and competitive rates of compensation for employees occupying positions affected by this subchapter;

(4) Periodically review and recommend any changes found necessary in the job evaluation system used to set salary grade levels for all classifications affected by this section and forward the recommendations to the Office of Personnel Management; and

(5) Prepare and submit recommendations for revisions in this subchapter to the General Assembly when in session.

Amended by Act 2017, No. 365,§ 11, eff. 7/1/2017.

Acts 1985, No. 981, § 8; A.S.A. 1947, § 12-3212; Acts 1989, No. 793, § 5; 2009, No. 962, § 40.
Ark. Code Ann. § 21-5-205 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-205
Effect on appropriation acts
Status: in_force

(a) All appropriation acts of all state agencies subject to the provisions of this subchapter shall be governed by the provisions of this subchapter with respect to grades, class titles, salary increases, salary increase eligibility, and other provisions unless special language in the appropriation act of the state agency specifically allows the state agency to provide salary increases, grade assignments, class title assignments, salary increase eligibility, and other provisions different from those provided by this subchapter. (b) Where the intent of the General Assembly, by amendment to appropriation bills, is to allow a higher grade for a classification than that listed in this subchapter, the grade assigned to the classification in the appropriation act for the classification, as designated with the higher grade level, shall be the grade level for the classification in the state agency during the biennium. (c) When a higher salary grade level is authorized in this subchapter for classifications which are not reflected in the appropriation action of a state agency, this subchapter shall set the salary grade levels to be authorized in a state agency's appropriation act for the biennium unless special language in the appropriation act of a state agency allows the state agency to provide salary increases other than that provided in this subchapter. (d) It is the intent of this section that the respective state agencies governed by the provisions of this subchapter be authorized to allow salary grade levels as provided in the appropriation acts of the state agencies, provided that the rules which apply to salary increases under the provisions of this subchapter shall not be waived unless special language in the appropriation act of the state agency authorizes the state agency to provide increases other than those authorized under the provisions of this subchapter. Amended by Act 2017, No. 365,§ 10, eff. 7/1/2017. Acts 1969, No. 199, § 7; 1973, No. 873, § 8; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, §§ 12-3207, 12-3209; Acts 1989, No. 793, § 4.

(a) All appropriation acts of all state agencies subject to the provisions of this subchapter shall be governed by the provisions of this subchapter with respect to grades, class titles, salary increases, salary increase eligibility, and other provisions unless special language in the appropriation act of the state agency specifically allows the state agency to provide salary increases, grade assignments, class title assignments, salary increase eligibility, and other provisions different from those provided by this subchapter.

(b) Where the intent of the General Assembly, by amendment to appropriation bills, is to allow a higher grade for a classification than that listed in this subchapter, the grade assigned to the classification in the appropriation act for the classification, as designated with the higher grade level, shall be the grade level for the classification in the state agency during the biennium.

(c) When a higher salary grade level is authorized in this subchapter for classifications which are not reflected in the appropriation action of a state agency, this subchapter shall set the salary grade levels to be authorized in a state agency's appropriation act for the biennium unless special language in the appropriation act of a state agency allows the state agency to provide salary increases other than that provided in this subchapter.

(d) It is the intent of this section that the respective state agencies governed by the provisions of this subchapter be authorized to allow salary grade levels as provided in the appropriation acts of the state agencies, provided that the rules which apply to salary increases under the provisions of this subchapter shall not be waived unless special language in the appropriation act of the state agency authorizes the state agency to provide increases other than those authorized under the provisions of this subchapter.

Amended by Act 2017, No. 365,§ 10, eff. 7/1/2017.

Acts 1969, No. 199, § 7; 1973, No. 873, § 8; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, §§ 12-3207, 12-3209; Acts 1989, No. 793, § 4.
Ark. Code Ann. § 21-2-110 — AR Code / Title 21 / Chapter 2 / Subchapter 1 / Section 21-2-110
Liability of surety generally
Status: in_force

The surety on an official's bond shall be liable for losses or other liabilities covered by the bond which occur within the term to which the bond applies, regardless of when the loss or liability is discovered. Acts 1975, No. 331, § 2; A.S.A. 1947, § 12-239.

The surety on an official's bond shall be liable for losses or other liabilities covered by the bond which occur within the term to which the bond applies, regardless of when the loss or liability is discovered.

Acts 1975, No. 331, § 2; A.S.A. 1947, § 12-239.
Ark. Code Ann. § 21-14-102 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-102
Change of residence
Status: in_force

(a) (1) Upon receiving notification of a change of residency, the Secretary of State shall transfer a notary public's appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under § 21-14-101 changes residence to a county within this state other than the county where the notary public resided on the date of commission. (2) Upon receiving notification of a change in place of employment, the Secretary of State shall transfer a notary public's appointment and commission to the new county of employment in the case of a legal resident of an adjoining state or a nonresident spouse of a United States military service member changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission. (b) The original bond or certified copy of the original bond from the original county of residence shall also be filed by the notary public in the new county of residence or if the notary public is a legal resident of an adjoining state or a nonresident spouse of a United States military service member, in the new county of employment in Arkansas. Amended by Act 2021, No. 479,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 215,§ 4, eff. 7/24/2019. Amended by Act 2013, No. 492,§ 2, eff. 8/16/2013. Acts 1983, No. 21, § 1; 1985, No. 966, § 2; A.S.A. 1947, § 12-1401.1; Acts 2005, No. 2274, § 1.

(a) (1) Upon receiving notification of a change of residency, the Secretary of State shall transfer a notary public's appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under § 21-14-101 changes residence to a county within this state other than the county where the notary public resided on the date of commission. (2) Upon receiving notification of a change in place of employment, the Secretary of State shall transfer a notary public's appointment and commission to the new county of employment in the case of a legal resident of an adjoining state or a nonresident spouse of a United States military service member changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission.

(1) Upon receiving notification of a change of residency, the Secretary of State shall transfer a notary public's appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under § 21-14-101 changes residence to a county within this state other than the county where the notary public resided on the date of commission.

(2) Upon receiving notification of a change in place of employment, the Secretary of State shall transfer a notary public's appointment and commission to the new county of employment in the case of a legal resident of an adjoining state or a nonresident spouse of a United States military service member changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission.

(b) The original bond or certified copy of the original bond from the original county of residence shall also be filed by the notary public in the new county of residence or if the notary public is a legal resident of an adjoining state or a nonresident spouse of a United States military service member, in the new county of employment in Arkansas.

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

Amended by Act 2019, No. 215,§ 4, eff. 7/24/2019.

Amended by Act 2013, No. 492,§ 2, eff. 8/16/2013.

Acts 1983, No. 21, § 1; 1985, No. 966, § 2; A.S.A. 1947, § 12-1401.1; Acts 2005, No. 2274, § 1.
Ark. Code Ann. § 21-5-701 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-701
Definitions
Status: in_force

As used in this subchapter: (1) "Child" or "children" means any natural child, adopted child, or stepchild who is eligible under § 21-5-707 ; (2) "Coroner" means a coroner or a deputy coroner who is engaged in official duty at a crime scene or death location; (3) "Covered public employee" means a police officer, firefighter, state highway employee, state correction employee, Division of Community Correction employee, jailer, qualified emergency services worker, wildlife enforcement officer or game warden, emergency medical technician, Arkansas Forestry Commission employee, commissioned law enforcement personnel, member of the Arkansas National Guard on state active duty, or emergency response personnel of the Department of Parks, Heritage, and Tourism; (4) "Division of Community Correction employee" means any employee of the Division of Community Correction who is subject to injury through contact with parolees, probationers, or center residents; (5) "Emergency medical technician" means emergency medical services personnel as defined in § 20-13-202 ; (6) "Firefighter" means any member of a fire department or firefighting unit of any city of the first class or city of the second class, or any town, or any unincorporated rural area of this state who actively engages in the fighting of fires on either a regular or voluntary basis, or any instructor of the Arkansas Fire Training Academy, or any member of the firefighting organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Joint Maneuver Training Center; (7) "Jailer" means an employee of a city, town, or county who, while engaged in official duty as a detention or transport officer, is subject to injury through contact with inmates, detainees, parolees, or probationers; (8) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force on a full-time or part-time basis, the Division of Arkansas State Police, or any member of the law enforcement organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Joint Maneuver Training Center; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a town of this state engaged in official duty; (9) "Qualified emergency services worker" means a state, local, volunteer, and other emergency responder as defined in § 12-75-103 ; (10) "State correction employee" means an employee of the Division of Correction or the Arkansas Correctional School District who is subject to injury through contact with inmates or parolees of the Division of Correction; (11) "State highway employee" means an employee of the Arkansas Department of Transportation who is physically present on a roadway, bridge, or right-of-way of the state highway system or other public transportation facility and who is: (A) Actively engaged in highway maintenance, construction, traffic operations, or the official duties of his or her employment; or (B) Supervising, reviewing, evaluating, or inspecting highway maintenance, construction, or traffic operations; and (12) "Wildlife enforcement officer" or "game warden" means an employee of the Arkansas State Game and Fish Commission who actively engages, on a full-time or part-time basis, in the enforcement of the boating safety laws and regulations enacted for the protection of game, fish, fur-bearing animals, and other wildlife of the State of Arkansas. Amended by Act 2023, No. 852,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 852,§ 9, eff. 8/1/2023. Amended by Act 2021, No. 493,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 767,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1000, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 999, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 998, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 73, eff. 8/1/2017. Amended by Act 2015, No. 1058,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 543,§ 1, eff. 8/16/2013. Acts 1969, No. 43, § 1; 1973, No. 399, § 1; 1977, No. 812, § 1; 1977, No. 936, § 1; 1981, No. 437, § 1; 1981, No. 890, § 1; 1985, No. 839, § 2; A.S.A. 1947, § 12-2347; Acts 1987, No. 349, § 1; 1987, No. 404, § 1; 1991, No. 409, § 1; 1997, No. 547, § 1; 2001, No. 113, § 4.

As used in this subchapter:

(1) "Child" or "children" means any natural child, adopted child, or stepchild who is eligible under § 21-5-707 ;

(2) "Coroner" means a coroner or a deputy coroner who is engaged in official duty at a crime scene or death location;

(3) "Covered public employee" means a police officer, firefighter, state highway employee, state correction employee, Division of Community Correction employee, jailer, qualified emergency services worker, wildlife enforcement officer or game warden, emergency medical technician, Arkansas Forestry Commission employee, commissioned law enforcement personnel, member of the Arkansas National Guard on state active duty, or emergency response personnel of the Department of Parks, Heritage, and Tourism;

(4) "Division of Community Correction employee" means any employee of the Division of Community Correction who is subject to injury through contact with parolees, probationers, or center residents;

(5) "Emergency medical technician" means emergency medical services personnel as defined in § 20-13-202 ;

(6) "Firefighter" means any member of a fire department or firefighting unit of any city of the first class or city of the second class, or any town, or any unincorporated rural area of this state who actively engages in the fighting of fires on either a regular or voluntary basis, or any instructor of the Arkansas Fire Training Academy, or any member of the firefighting organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(7) "Jailer" means an employee of a city, town, or county who, while engaged in official duty as a detention or transport officer, is subject to injury through contact with inmates, detainees, parolees, or probationers;

(8) "Police officer" means: (A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force on a full-time or part-time basis, the Division of Arkansas State Police, or any member of the law enforcement organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Joint Maneuver Training Center; (B) A sheriff or deputy sheriff of a county who is engaged in official duty; or (C) A constable or night marshal of a town of this state engaged in official duty;

(A) Any law enforcement officer engaged in official duty who is a member of any regular or auxiliary police force on a full-time or part-time basis, the Division of Arkansas State Police, or any member of the law enforcement organization of the Arkansas National Guard Robinson Maneuver Training Center or of the Arkansas National Guard Fort Chaffee Joint Maneuver Training Center;

(B) A sheriff or deputy sheriff of a county who is engaged in official duty; or

(C) A constable or night marshal of a town of this state engaged in official duty;

(9) "Qualified emergency services worker" means a state, local, volunteer, and other emergency responder as defined in § 12-75-103 ;

(10) "State correction employee" means an employee of the Division of Correction or the Arkansas Correctional School District who is subject to injury through contact with inmates or parolees of the Division of Correction;

(11) "State highway employee" means an employee of the Arkansas Department of Transportation who is physically present on a roadway, bridge, or right-of-way of the state highway system or other public transportation facility and who is: (A) Actively engaged in highway maintenance, construction, traffic operations, or the official duties of his or her employment; or (B) Supervising, reviewing, evaluating, or inspecting highway maintenance, construction, or traffic operations; and

(A) Actively engaged in highway maintenance, construction, traffic operations, or the official duties of his or her employment; or

(B) Supervising, reviewing, evaluating, or inspecting highway maintenance, construction, or traffic operations; and

(12) "Wildlife enforcement officer" or "game warden" means an employee of the Arkansas State Game and Fish Commission who actively engages, on a full-time or part-time basis, in the enforcement of the boating safety laws and regulations enacted for the protection of game, fish, fur-bearing animals, and other wildlife of the State of Arkansas.

Amended by Act 2023, No. 852,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 852,§ 9, eff. 8/1/2023.

Amended by Act 2021, No. 493,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 767,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1000, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 999, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 998, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 73, eff. 8/1/2017.

Amended by Act 2015, No. 1058,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 543,§ 1, eff. 8/16/2013.

Acts 1969, No. 43, § 1; 1973, No. 399, § 1; 1977, No. 812, § 1; 1977, No. 936, § 1; 1981, No. 437, § 1; 1981, No. 890, § 1; 1985, No. 839, § 2; A.S.A. 1947, § 12-2347; Acts 1987, No. 349, § 1; 1987, No. 404, § 1; 1991, No. 409, § 1; 1997, No. 547, § 1; 2001, No. 113, § 4.