Ark. Code Ann. § 21-5-1414 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1414
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2019, No. 763,§ 9, eff. 7/1/2019. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2019, No. 763,§ 9, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-1-408 — AR Code / Title 21 / Chapter 1 / Subchapter 4 / Section 21-1-408
Investigation of violations
Status: in_force

(a) The Arkansas Ethics Commission is authorized to investigate any complaints or allegations of violations of the provisions of this subchapter and to make findings thereon. (b) In the investigation of such matters, the commission is specifically given all authority and powers as granted to it under the provisions of §§ 7-6-217 and 7-6-218 . Acts 1999, No. 34, § 8.

(a) The Arkansas Ethics Commission is authorized to investigate any complaints or allegations of violations of the provisions of this subchapter and to make findings thereon.

(b) In the investigation of such matters, the commission is specifically given all authority and powers as granted to it under the provisions of §§ 7-6-217 and 7-6-218 .

Acts 1999, No. 34, § 8.
Ark. Code Ann. § 21-4-301 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-301
Definitions
Status: in_force

As used in this subchapter: (1) "Active service" or "active duty" shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause; (2) "Military service" shall signify federal service on active duty with any branch of service referred to in subdivision (4) of this section as well as training or education under the supervision of the United States preliminary to induction into the military service; (3) (A) "Period of military service" shall include the time between the following dates: (i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and (ii) For persons entering active service, it shall begin with the date of their induction into active service. (B) It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and (4) "Person in military service" and "persons in the military service of the United States" shall include the following persons and no others: (A) All members of the United States Army, United States Navy, United States Marine Corps, and United States Coast Guard; and (B) All officers of the United States Public Health Service detailed by proper authority for duty with either the United States Army or the United States Navy. Acts 1943, No. 247, § 1; A.S.A. 1947, § 12-2301.

As used in this subchapter:

(1) "Active service" or "active duty" shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause;

(2) "Military service" shall signify federal service on active duty with any branch of service referred to in subdivision (4) of this section as well as training or education under the supervision of the United States preliminary to induction into the military service;

(3) (A) "Period of military service" shall include the time between the following dates: (i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and (ii) For persons entering active service, it shall begin with the date of their induction into active service. (B) It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and

(A) "Period of military service" shall include the time between the following dates: (i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and (ii) For persons entering active service, it shall begin with the date of their induction into active service.

(i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and

(ii) For persons entering active service, it shall begin with the date of their induction into active service.

(B) It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and

(4) "Person in military service" and "persons in the military service of the United States" shall include the following persons and no others: (A) All members of the United States Army, United States Navy, United States Marine Corps, and United States Coast Guard; and (B) All officers of the United States Public Health Service detailed by proper authority for duty with either the United States Army or the United States Navy.

(A) All members of the United States Army, United States Navy, United States Marine Corps, and United States Coast Guard; and

(B) All officers of the United States Public Health Service detailed by proper authority for duty with either the United States Army or the United States Navy.

Acts 1943, No. 247, § 1; A.S.A. 1947, § 12-2301.
Ark. Code Ann. § 21-10-105 — AR Code / Title 21 / Chapter 10 / Section 21-10-105
Construction
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of states which enact it. Acts 1959, No. 69, § 5; A.S.A. 1947, § 12-2605.

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of states which enact it.

Acts 1959, No. 69, § 5; A.S.A. 1947, § 12-2605.
Ark. Code Ann. § 21-2-801 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Self-Funded Cyber Response Program Act". Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Self-Funded Cyber Response Program Act".

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-12-207 — AR Code / Title 21 / Chapter 12 / Subchapter 2 / Section 21-12-207
Transcript of proceedings
Status: in_force

The Secretary of the Senate shall make out a transcript of the proceedings on impeachment and of the judgment of the Senate, whether of conviction or acquittal, which shall be signed by the officer presiding at the trial, attested by the Secretary of the Senate and deposited in the office of the Secretary of State. Rev. Stat., ch. 75, § 15; C. & M. Dig., §§ 5631, 5632; Pope's Dig., §§ 7276, 7277; A.S.A. 1947, § 12-2223.

The Secretary of the Senate shall make out a transcript of the proceedings on impeachment and of the judgment of the Senate, whether of conviction or acquittal, which shall be signed by the officer presiding at the trial, attested by the Secretary of the Senate and deposited in the office of the Secretary of State.

Rev. Stat., ch. 75, § 15; C. & M. Dig., §§ 5631, 5632; Pope's Dig., §§ 7276, 7277; A.S.A. 1947, § 12-2223.
Ark. Code Ann. § 21-5-104 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-104
Deduction of jury duty fees from salary prohibited
Status: in_force

(a) No state, county, or municipal employer in this state shall deduct from the usual compensation of any employee, all or any part of the fees or compensation received by the employee for appearing for grand or petit jury duty or serving on any grand or petit jury in any court in this state. (b) (1) Any state, county, or municipal employer who violates this section is guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250). (2) A violation of this section constitutes grounds for dismissal of the employer from his or her office or position of public employment. Amended by Act 2023, No. 178,§ 1, eff. 8/1/2023. Acts 1969, No. 86, §§ 1, 2; A.S.A. 1947, §§ 12-1615, 12-1616.

(a) No state, county, or municipal employer in this state shall deduct from the usual compensation of any employee, all or any part of the fees or compensation received by the employee for appearing for grand or petit jury duty or serving on any grand or petit jury in any court in this state.

(b) (1) Any state, county, or municipal employer who violates this section is guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250). (2) A violation of this section constitutes grounds for dismissal of the employer from his or her office or position of public employment.

(1) Any state, county, or municipal employer who violates this section is guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250).

(2) A violation of this section constitutes grounds for dismissal of the employer from his or her office or position of public employment.

Amended by Act 2023, No. 178,§ 1, eff. 8/1/2023.

Acts 1969, No. 86, §§ 1, 2; A.S.A. 1947, §§ 12-1615, 12-1616.
Ark. Code Ann. § 21-14-313 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-313
Recording of electronic record
Status: in_force

(a) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by use of a paper copy of an electronic document that complies with this subchapter. (b) If a law requires, as a condition for recording, that a document be signed, then the requirement is satisfied by an electronic signature. (c) (1) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. (2) A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature if the online notary public has attached a notarial certificate that meets the requirements of this chapter. Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.

(a) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by use of a paper copy of an electronic document that complies with this subchapter.

(b) If a law requires, as a condition for recording, that a document be signed, then the requirement is satisfied by an electronic signature.

(c) (1) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. (2) A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature if the online notary public has attached a notarial certificate that meets the requirements of this chapter.

(1) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.

(2) A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature if the online notary public has attached a notarial certificate that meets the requirements of this chapter.

Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Ark. Code Ann. § 21-1-106 — AR Code / Title 21 / Chapter 1 / Subchapter 1 / Section 21-1-106
Public recording and deletion of electronic data - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Prohibit" means to interfere with the physical operation of a recording device by threat, duress, coercion, direct order, arrest, detention, or use of force. (B) "Prohibit" does not include instances when there is no interference with the operation of the recording device or the person who operates it; and (2) "Recording device" means a device that captures and records data or information, including without limitation a film camera, digital camera, tape recorder, or electronic sound recorder. (b) (1) A public officer or employee shall not: (A) Prohibit a person from using a recording device carried on or near the person in a place that is open to and accessible to the general public or any private property where the person is lawfully present unless the act of recording or the location of the recording person: (i) Presents a risk to the physical safety of anyone present, not including the person making the recording; (ii) Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility; (iii) Constitutes an element of a criminal offense; (iv) Could reasonably be expected to lead to the infringement of copyrighted material; (v) Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or (vi) Unreasonably obstructs or inhibits another person's lawful presence or movement; (B) Delete any electronic data or any other information derived by recording from a recording device carried on or near the person against the wishes of the person possessing the recording device or otherwise destroy information contained in the recording device unless the data are considered contraband; or (C) Seize or confiscate a recording device carried on or near the person using the recording device unless the recording device appears to be involved in the commission of a crime or unless the seizure is otherwise justified by an exigent circumstance. (2) If a person uses a recording device to intrude upon the seclusion or solitude of another person or upon the other person's private affairs or concerns, this subsection does not apply if the intrusion: (A) Violates a reasonable expectation of privacy; and (B) Would be highly offensive to a reasonable person. (c) (1) A violation of this section constitutes a waiving of the sovereign immunity of the state. (2) A public officer or employee who violates this section may only be sued in his or her official capacity. (3) A court construing this section shall do so consistently with official capacity claims under the First Amendment to the United States Constitution filed through 42 U.S.C. § 1983 and the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq. (4) Punitive damages are not provided under this section. (5) When a party sues for relief under this section or any other applicable law, the party shall only receive a single remedy for a single injury. (d) A publicly funded school or publicly funded institution of higher education is exempt from this section. (e) Nothing in this section is intended to change, diminish, or denigrate the powers of those who rightfully control private property to regulate, place conditions on, or prohibit recording activities that take place on that private property. (f) This section does not: (1) Imply any kind of right or power of a person to use devices to change the light levels of his or her surroundings, including without limitation umbrellas, reflectors, lights, or flashes; (2) Change, diminish, or denigrate the inherent or constitutional powers of the courts to issue binding orders or to regulate the absence, presence, or conduct of citizens occupying buildings or real property under the jurisdiction of the courts; or (3) Apply to the grounds of a hospital or other medical facility governed by the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (g) A state agency may adopt policies to limit or prohibit the use of recording devices by that state agency's employees or contractors in the course and scope of their employment if those policies are intended to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or the requirements of other state or federal privacy laws. Added by Act 2015, No. 1063,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) (A) "Prohibit" means to interfere with the physical operation of a recording device by threat, duress, coercion, direct order, arrest, detention, or use of force. (B) "Prohibit" does not include instances when there is no interference with the operation of the recording device or the person who operates it; and (2) "Recording device" means a device that captures and records data or information, including without limitation a film camera, digital camera, tape recorder, or electronic sound recorder.

(1) (A) "Prohibit" means to interfere with the physical operation of a recording device by threat, duress, coercion, direct order, arrest, detention, or use of force. (B) "Prohibit" does not include instances when there is no interference with the operation of the recording device or the person who operates it; and

(A) "Prohibit" means to interfere with the physical operation of a recording device by threat, duress, coercion, direct order, arrest, detention, or use of force.

(B) "Prohibit" does not include instances when there is no interference with the operation of the recording device or the person who operates it; and

(2) "Recording device" means a device that captures and records data or information, including without limitation a film camera, digital camera, tape recorder, or electronic sound recorder.

(b) (1) A public officer or employee shall not: (A) Prohibit a person from using a recording device carried on or near the person in a place that is open to and accessible to the general public or any private property where the person is lawfully present unless the act of recording or the location of the recording person: (i) Presents a risk to the physical safety of anyone present, not including the person making the recording; (ii) Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility; (iii) Constitutes an element of a criminal offense; (iv) Could reasonably be expected to lead to the infringement of copyrighted material; (v) Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or (vi) Unreasonably obstructs or inhibits another person's lawful presence or movement; (B) Delete any electronic data or any other information derived by recording from a recording device carried on or near the person against the wishes of the person possessing the recording device or otherwise destroy information contained in the recording device unless the data are considered contraband; or (C) Seize or confiscate a recording device carried on or near the person using the recording device unless the recording device appears to be involved in the commission of a crime or unless the seizure is otherwise justified by an exigent circumstance. (2) If a person uses a recording device to intrude upon the seclusion or solitude of another person or upon the other person's private affairs or concerns, this subsection does not apply if the intrusion: (A) Violates a reasonable expectation of privacy; and (B) Would be highly offensive to a reasonable person.

(1) A public officer or employee shall not: (A) Prohibit a person from using a recording device carried on or near the person in a place that is open to and accessible to the general public or any private property where the person is lawfully present unless the act of recording or the location of the recording person: (i) Presents a risk to the physical safety of anyone present, not including the person making the recording; (ii) Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility; (iii) Constitutes an element of a criminal offense; (iv) Could reasonably be expected to lead to the infringement of copyrighted material; (v) Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or (vi) Unreasonably obstructs or inhibits another person's lawful presence or movement; (B) Delete any electronic data or any other information derived by recording from a recording device carried on or near the person against the wishes of the person possessing the recording device or otherwise destroy information contained in the recording device unless the data are considered contraband; or (C) Seize or confiscate a recording device carried on or near the person using the recording device unless the recording device appears to be involved in the commission of a crime or unless the seizure is otherwise justified by an exigent circumstance.

(A) Prohibit a person from using a recording device carried on or near the person in a place that is open to and accessible to the general public or any private property where the person is lawfully present unless the act of recording or the location of the recording person: (i) Presents a risk to the physical safety of anyone present, not including the person making the recording; (ii) Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility; (iii) Constitutes an element of a criminal offense; (iv) Could reasonably be expected to lead to the infringement of copyrighted material; (v) Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or (vi) Unreasonably obstructs or inhibits another person's lawful presence or movement;

(i) Presents a risk to the physical safety of anyone present, not including the person making the recording;

(ii) Is inside a public drinking water treatment facility and presents a risk to the public drinking water treatment facility;

(iii) Constitutes an element of a criminal offense;

(iv) Could reasonably be expected to lead to the infringement of copyrighted material;

(v) Appears to circumvent established procedures that ordinarily require permission for or payment in exchange for the viewing, use, reproduction, or recordation of data or information; or

(vi) Unreasonably obstructs or inhibits another person's lawful presence or movement;

(B) Delete any electronic data or any other information derived by recording from a recording device carried on or near the person against the wishes of the person possessing the recording device or otherwise destroy information contained in the recording device unless the data are considered contraband; or

(C) Seize or confiscate a recording device carried on or near the person using the recording device unless the recording device appears to be involved in the commission of a crime or unless the seizure is otherwise justified by an exigent circumstance.

(2) If a person uses a recording device to intrude upon the seclusion or solitude of another person or upon the other person's private affairs or concerns, this subsection does not apply if the intrusion: (A) Violates a reasonable expectation of privacy; and (B) Would be highly offensive to a reasonable person.

(A) Violates a reasonable expectation of privacy; and

(B) Would be highly offensive to a reasonable person.

(c) (1) A violation of this section constitutes a waiving of the sovereign immunity of the state. (2) A public officer or employee who violates this section may only be sued in his or her official capacity. (3) A court construing this section shall do so consistently with official capacity claims under the First Amendment to the United States Constitution filed through 42 U.S.C. § 1983 and the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq. (4) Punitive damages are not provided under this section. (5) When a party sues for relief under this section or any other applicable law, the party shall only receive a single remedy for a single injury.

(1) A violation of this section constitutes a waiving of the sovereign immunity of the state.

(2) A public officer or employee who violates this section may only be sued in his or her official capacity.

(3) A court construing this section shall do so consistently with official capacity claims under the First Amendment to the United States Constitution filed through 42 U.S.C. § 1983 and the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.

(4) Punitive damages are not provided under this section.

(5) When a party sues for relief under this section or any other applicable law, the party shall only receive a single remedy for a single injury.

(d) A publicly funded school or publicly funded institution of higher education is exempt from this section.

(e) Nothing in this section is intended to change, diminish, or denigrate the powers of those who rightfully control private property to regulate, place conditions on, or prohibit recording activities that take place on that private property.

(f) This section does not: (1) Imply any kind of right or power of a person to use devices to change the light levels of his or her surroundings, including without limitation umbrellas, reflectors, lights, or flashes; (2) Change, diminish, or denigrate the inherent or constitutional powers of the courts to issue binding orders or to regulate the absence, presence, or conduct of citizens occupying buildings or real property under the jurisdiction of the courts; or (3) Apply to the grounds of a hospital or other medical facility governed by the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(1) Imply any kind of right or power of a person to use devices to change the light levels of his or her surroundings, including without limitation umbrellas, reflectors, lights, or flashes;

(2) Change, diminish, or denigrate the inherent or constitutional powers of the courts to issue binding orders or to regulate the absence, presence, or conduct of citizens occupying buildings or real property under the jurisdiction of the courts; or

(3) Apply to the grounds of a hospital or other medical facility governed by the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(g) A state agency may adopt policies to limit or prohibit the use of recording devices by that state agency's employees or contractors in the course and scope of their employment if those policies are intended to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or the requirements of other state or federal privacy laws.

Added by Act 2015, No. 1063,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 21-5-1403 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1403
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 178,§ 2, eff. 8/1/2023. Superseded by Act 778. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2023, No. 178,§ 2, eff. 8/1/2023. Superseded by Act 778.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-12-407 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-407
Remedy of person aggrieved by warrant
Status: in_force

(a) Any person aggrieved by a warrant issued under § 21-12-403 may apply to any judge of the Supreme Court or circuit court, who, upon the affidavit of the applicant that injustice has been done or is about to be done by such warrant, shall issue a citation to all persons interested, commanding them to appear before him or her at a time and place named in the citation, which shall be served by the sheriff or coroner. (b) The judge issuing the citation shall have power to enforce obedience by attachment. The judge shall proceed in a summary manner, determine according to right and justice, and may issue his or her warrant for the restoration of any books, records, or papers found to have been improperly seized. Rev. Stat., ch. 121, §§ 8, 9; C. & M. Dig., §§ 8339, 8340; Pope's Dig., §§ 10935, 10936; A.S.A. 1947, §§ 12-2008, 12-2009.

(a) Any person aggrieved by a warrant issued under § 21-12-403 may apply to any judge of the Supreme Court or circuit court, who, upon the affidavit of the applicant that injustice has been done or is about to be done by such warrant, shall issue a citation to all persons interested, commanding them to appear before him or her at a time and place named in the citation, which shall be served by the sheriff or coroner.

(b) The judge issuing the citation shall have power to enforce obedience by attachment. The judge shall proceed in a summary manner, determine according to right and justice, and may issue his or her warrant for the restoration of any books, records, or papers found to have been improperly seized.

Rev. Stat., ch. 121, §§ 8, 9; C. & M. Dig., §§ 8339, 8340; Pope's Dig., §§ 10935, 10936; A.S.A. 1947, §§ 12-2008, 12-2009.
Ark. Code Ann. § 21-12-405 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-405
Power of officer executing warrant
Status: in_force

The officer executing the warrant issued under § 21-12-403 may break open any doors or other places in which any records, books, or papers named in the warrant may be, or in which he or she may suspect them to be, and may arrest any person who shall resist the execution of the warrant and bring him or her before a judge or justice of the peace for obstructing the execution of process. Rev. Stat., ch. 121, § 6; C. & M. Dig., § 8337; Pope's Dig., § 10933; A.S.A. 1947, § 12-2006.

The officer executing the warrant issued under § 21-12-403 may break open any doors or other places in which any records, books, or papers named in the warrant may be, or in which he or she may suspect them to be, and may arrest any person who shall resist the execution of the warrant and bring him or her before a judge or justice of the peace for obstructing the execution of process.

Rev. Stat., ch. 121, § 6; C. & M. Dig., § 8337; Pope's Dig., § 10933; A.S.A. 1947, § 12-2006.
Ark. Code Ann. § 21-3-203 — AR Code / Title 21 / Chapter 3 / Subchapter 2 / Section 21-3-203
Age discrimination prohibited - Exceptions
Status: in_force

(a) It shall be unlawful for a public employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age; (2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or (3) Reduce the wage rate of any employee in order to comply with this subchapter. (b) It shall not be unlawful for a public employer to: (1) Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or (2) Discharge or otherwise discipline an individual for good cause. Acts 1979, No. 25, §§ 2, 3; A.S.A. 1947, §§ 12-3502, 12-3503; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.

(a) It shall be unlawful for a public employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age; (2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or (3) Reduce the wage rate of any employee in order to comply with this subchapter.

(1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age;

(2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or

(3) Reduce the wage rate of any employee in order to comply with this subchapter.

(b) It shall not be unlawful for a public employer to: (1) Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or (2) Discharge or otherwise discipline an individual for good cause.

(1) Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or

(2) Discharge or otherwise discipline an individual for good cause.

Acts 1979, No. 25, §§ 2, 3; A.S.A. 1947, §§ 12-3502, 12-3503; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.
Ark. Code Ann. § 21-2-104 — AR Code / Title 21 / Chapter 2 / Subchapter 1 / Section 21-2-104
District, county, and township officers - Issuance of commissions - Collection of fees
Status: in_force

(a) (1) The Secretary of State is authorized, after each general election in this state, and as soon as the full returns of the election in any county are received by him or her, to issue and forward the commissions of all the newly elected district, county, and township officers required by law to be commissioned to the county or circuit clerks of the respective counties for delivery to the person entitled to them. (2) The clerks shall collect the fees required to be paid for the commissions, before the delivery thereof, and return the fee, or the commissions when default is made, to the Secretary of State. (3) The Secretary of State shall account for the fee to the State Treasury as directed in § 21-6-202 . (b) It shall be the duty of the county clerk, upon receipt of the commissions from the Secretary of State for the several officers of his or her county, to notify each elected officer of the receipt of the commission and to enter the commission in a well-bound book which shall be kept for that purpose and shall be ruled and divided into columns in the following order: (1) Name of officer; (2) Title of office; (3) Date of commission; (4) Date of qualification; and (5) Mailing address. Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, §§ 1, 2, p. 73; A.S.A. 1947, §§ 12-203, 12-204.

(a) (1) The Secretary of State is authorized, after each general election in this state, and as soon as the full returns of the election in any county are received by him or her, to issue and forward the commissions of all the newly elected district, county, and township officers required by law to be commissioned to the county or circuit clerks of the respective counties for delivery to the person entitled to them. (2) The clerks shall collect the fees required to be paid for the commissions, before the delivery thereof, and return the fee, or the commissions when default is made, to the Secretary of State. (3) The Secretary of State shall account for the fee to the State Treasury as directed in § 21-6-202 .

(1) The Secretary of State is authorized, after each general election in this state, and as soon as the full returns of the election in any county are received by him or her, to issue and forward the commissions of all the newly elected district, county, and township officers required by law to be commissioned to the county or circuit clerks of the respective counties for delivery to the person entitled to them.

(2) The clerks shall collect the fees required to be paid for the commissions, before the delivery thereof, and return the fee, or the commissions when default is made, to the Secretary of State.

(3) The Secretary of State shall account for the fee to the State Treasury as directed in § 21-6-202 .

(b) It shall be the duty of the county clerk, upon receipt of the commissions from the Secretary of State for the several officers of his or her county, to notify each elected officer of the receipt of the commission and to enter the commission in a well-bound book which shall be kept for that purpose and shall be ruled and divided into columns in the following order: (1) Name of officer; (2) Title of office; (3) Date of commission; (4) Date of qualification; and (5) Mailing address.

(1) Name of officer;

(2) Title of office;

(3) Date of commission;

(4) Date of qualification; and

(5) Mailing address.

Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, §§ 1, 2, p. 73; A.S.A. 1947, §§ 12-203, 12-204.
Ark. Code Ann. § 21-5-802 — AR Code / Title 21 / Chapter 5 / Subchapter 8 / Section 21-5-802
Right to payment - Claims and awards
Status: in_force

(a) Any state officer or state employee who has been subjected to a lawsuit based on an act or omission of the officer or employee while acting within the course and scope of the office or employment and in performance of his or her other official duties shall be entitled to payment from the state for reasonable attorney's fees and court costs incurred by the officer or employee in the action if: (1) The Attorney General declined to represent the officer or employee; and (2) The officer or employee acted without malice and in good faith. (b) Claims for payment shall be filed with the Arkansas State Claims Commission and shall be governed by the laws pertaining to proceedings before the commission. (c) (1) Awards made by the commission pursuant to this subchapter may be paid from the appropriation and supporting funds of the state agency from which the state officer or state employee is supported if the Chief Fiscal Officer of the State approves payment from the funds after determining that there is sufficient appropriation and funds available for paying the award. (2) Awards not paid from the appropriation and funds of the state agency shall be paid pursuant to the laws governing payment of claims allowed by the commission. Acts 1987, No. 805, § 2.

(a) Any state officer or state employee who has been subjected to a lawsuit based on an act or omission of the officer or employee while acting within the course and scope of the office or employment and in performance of his or her other official duties shall be entitled to payment from the state for reasonable attorney's fees and court costs incurred by the officer or employee in the action if: (1) The Attorney General declined to represent the officer or employee; and (2) The officer or employee acted without malice and in good faith.

(1) The Attorney General declined to represent the officer or employee; and

(2) The officer or employee acted without malice and in good faith.

(b) Claims for payment shall be filed with the Arkansas State Claims Commission and shall be governed by the laws pertaining to proceedings before the commission.

(c) (1) Awards made by the commission pursuant to this subchapter may be paid from the appropriation and supporting funds of the state agency from which the state officer or state employee is supported if the Chief Fiscal Officer of the State approves payment from the funds after determining that there is sufficient appropriation and funds available for paying the award. (2) Awards not paid from the appropriation and funds of the state agency shall be paid pursuant to the laws governing payment of claims allowed by the commission.

(1) Awards made by the commission pursuant to this subchapter may be paid from the appropriation and supporting funds of the state agency from which the state officer or state employee is supported if the Chief Fiscal Officer of the State approves payment from the funds after determining that there is sufficient appropriation and funds available for paying the award.

(2) Awards not paid from the appropriation and funds of the state agency shall be paid pursuant to the laws governing payment of claims allowed by the commission.

Acts 1987, No. 805, § 2.
Ark. Code Ann. § 21-14-104 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-104
Power and authority generally
Status: in_force

The power and authority of a notary public shall be coextensive with the state for: (1) Swearing witnesses; (2) Taking affidavits; (3) Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and (4) Taking acknowledgments of deeds and other instruments in writing and authorized by law to be acknowledged. Amended by Act 2013, No. 492,§ 3, eff. 8/16/2013. Acts 1901, No. 82, § 1, p. 148; 1905, No. 269, § 1, p. 687; C. & M. Dig., § 7970a; Pope's Dig., § 10363; A.S.A. 1947, § 12-1405.

The power and authority of a notary public shall be coextensive with the state for:

(1) Swearing witnesses;

(2) Taking affidavits;

(3) Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and

(4) Taking acknowledgments of deeds and other instruments in writing and authorized by law to be acknowledged.

Amended by Act 2013, No. 492,§ 3, eff. 8/16/2013.

Acts 1901, No. 82, § 1, p. 148; 1905, No. 269, § 1, p. 687; C. & M. Dig., § 7970a; Pope's Dig., § 10363; A.S.A. 1947, § 12-1405.
Ark. Code Ann. § 21-4-505 — AR Code / Title 21 / Chapter 4 / Subchapter 5 / Section 21-4-505
Compensation for unused sick leave of nonclassified employees of state-supported institutions of higher education - Calculation for unused sick leave
Status: in_force

(a) At its discretion, a state-supported institution of higher education may compensate a nonclassified employee of the state-supported institution of higher education for accumulated unused sick leave by providing to the nonclassified employee the same compensation for accumulated unused sick leave provided to a classified employee of the state-supported institution of higher education under § 21-4-501 . (b) Compensation for accumulated unused sick leave under this section shall not be used by the Arkansas Public Employees' Retirement System in the calculation of final average compensation under § 24-4-101 . (c) Unused sick leave for nonclassified employees of state-supported institutions of higher education shall accrue at the same rate as unused sick leave accrues for classified employees for calculations made under this section. Amended by Act 2021, No. 189,§ 2, eff. 7/28/2021. Acts 2009, No. 220, § 2; 2011, No. 337, § 1.

(a) At its discretion, a state-supported institution of higher education may compensate a nonclassified employee of the state-supported institution of higher education for accumulated unused sick leave by providing to the nonclassified employee the same compensation for accumulated unused sick leave provided to a classified employee of the state-supported institution of higher education under § 21-4-501 .

(b) Compensation for accumulated unused sick leave under this section shall not be used by the Arkansas Public Employees' Retirement System in the calculation of final average compensation under § 24-4-101 .

(c) Unused sick leave for nonclassified employees of state-supported institutions of higher education shall accrue at the same rate as unused sick leave accrues for classified employees for calculations made under this section.

Amended by Act 2021, No. 189,§ 2, eff. 7/28/2021.

Acts 2009, No. 220, § 2; 2011, No. 337, § 1.
Ark. Code Ann. § 21-5-1407 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1407
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2021, No. 496,§ 2, eff. 7/1/2021. Amended by Act 2019, No. 763,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 763,§ 3, eff. 7/1/2019. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2021, No. 496,§ 2, eff. 7/1/2021.

Amended by Act 2019, No. 763,§ 4, eff. 7/1/2019.

Amended by Act 2019, No. 763,§ 3, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-8-804 — AR Code / Title 21 / Chapter 8 / Subchapter 8 / Section 21-8-804
Gifts to governmental entities
Status: in_force

(a) (1) The Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Commissioner of State Lands, and Attorney General, in their official capacity, may accept gifts, grants, and donations of money or property on behalf of the state for any lawful public purpose. (2) The President Pro Tempore of the Senate, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Senate for any lawful public purpose. (3) The Speaker of the House of Representatives, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the House of Representatives for any lawful public purpose. (4) The Chief Justice of the Supreme Court, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Supreme Court for any lawful public purpose. (b) (1) Except as provided in subdivision (b)(2) of this section, the items received shall: (A) Not be of such a personal nature that their use is limited to a specific person or persons; (B) Be available to be enjoyed by the public at large; and (C) Become property of the governmental entity to which they were donated. (2) The designated officials may accept donations of money for the purpose of hosting the: (A) Official swearing-in and inaugural events of the constitutional officers, Senate, House of Representatives, and Supreme Court justices; (B) Official recognition event for the President Pro Tempore of the Senate; and (C) Official recognition event for the Speaker of the House of Representatives. (c) The public official accepting the gift, grant, or donation of money on behalf of the appropriate entity shall disclose to the Arkansas Ethics Commission on a quarterly basis: (1) The gift, grant, or donation of money received; (2) The person donating the gift, grant, or donation of money; and (3) The estimated value of the gift, grant, or donation of money. Acts 2001, No. 239, § 2.

(a) (1) The Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Commissioner of State Lands, and Attorney General, in their official capacity, may accept gifts, grants, and donations of money or property on behalf of the state for any lawful public purpose. (2) The President Pro Tempore of the Senate, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Senate for any lawful public purpose. (3) The Speaker of the House of Representatives, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the House of Representatives for any lawful public purpose. (4) The Chief Justice of the Supreme Court, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Supreme Court for any lawful public purpose.

(1) The Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Commissioner of State Lands, and Attorney General, in their official capacity, may accept gifts, grants, and donations of money or property on behalf of the state for any lawful public purpose.

(2) The President Pro Tempore of the Senate, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Senate for any lawful public purpose.

(3) The Speaker of the House of Representatives, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the House of Representatives for any lawful public purpose.

(4) The Chief Justice of the Supreme Court, in his or her official capacity, may accept gifts, grants, and donations of money or property on behalf of the Supreme Court for any lawful public purpose.

(b) (1) Except as provided in subdivision (b)(2) of this section, the items received shall: (A) Not be of such a personal nature that their use is limited to a specific person or persons; (B) Be available to be enjoyed by the public at large; and (C) Become property of the governmental entity to which they were donated. (2) The designated officials may accept donations of money for the purpose of hosting the: (A) Official swearing-in and inaugural events of the constitutional officers, Senate, House of Representatives, and Supreme Court justices; (B) Official recognition event for the President Pro Tempore of the Senate; and (C) Official recognition event for the Speaker of the House of Representatives.

(1) Except as provided in subdivision (b)(2) of this section, the items received shall: (A) Not be of such a personal nature that their use is limited to a specific person or persons; (B) Be available to be enjoyed by the public at large; and (C) Become property of the governmental entity to which they were donated.

(A) Not be of such a personal nature that their use is limited to a specific person or persons;

(B) Be available to be enjoyed by the public at large; and

(C) Become property of the governmental entity to which they were donated.

(2) The designated officials may accept donations of money for the purpose of hosting the: (A) Official swearing-in and inaugural events of the constitutional officers, Senate, House of Representatives, and Supreme Court justices; (B) Official recognition event for the President Pro Tempore of the Senate; and (C) Official recognition event for the Speaker of the House of Representatives.

(A) Official swearing-in and inaugural events of the constitutional officers, Senate, House of Representatives, and Supreme Court justices;

(B) Official recognition event for the President Pro Tempore of the Senate; and

(C) Official recognition event for the Speaker of the House of Representatives.

(c) The public official accepting the gift, grant, or donation of money on behalf of the appropriate entity shall disclose to the Arkansas Ethics Commission on a quarterly basis: (1) The gift, grant, or donation of money received; (2) The person donating the gift, grant, or donation of money; and (3) The estimated value of the gift, grant, or donation of money.

(1) The gift, grant, or donation of money received;

(2) The person donating the gift, grant, or donation of money; and

(3) The estimated value of the gift, grant, or donation of money.

Acts 2001, No. 239, § 2.
Ark. Code Ann. § 21-2-105 — AR Code / Title 21 / Chapter 2 / Subchapter 1 / Section 21-2-105
Administration of oaths generally
Status: in_force

(a) (1) The Governor shall take the oath of office before: (A) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (B) The county clerk; or (C) The clerk of the circuit court. (2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before: (A) The Governor; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (C) The clerk of the county court; or (D) The clerk of the circuit court. (3) All other officers, both civil and military, shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; (iv) District court; or (v) County court; (C) The clerk of the county court; (D) The clerk of the circuit court; (E) A justice of the peace; (F) A clerk of a city of the first class; or (G) A recorder of a city of the second class or incorporated town. (b) However, if the officer is serving in or with the United States Armed Forces, he or she may take the oath of office before any commissioned officer in active service of the United States Armed Forces with the rank of second lieutenant or higher in the United States Army, United States Air Force, or United States Marine Corps, or ensign or higher in the United States Navy or United States Coast Guard. (c) The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section. (d) (1) If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor. (2) Upon the completion of the oath: (A) The outgoing officer immediately vacates his or her position; and (B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office. Amended by Act 2021, No. 424,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 194,§ 1, eff. 7/24/2019. Rev. Stat., ch. 106, § 1; Acts 1845, § 1, p. 61; C. & M. Dig., § 8074; Pope's Dig., § 10403; Acts 1945, No. 3, § 1; 1977, No. 531, § 1; A.S.A. 1947, § 12-207; Acts 1999, No. 641, § 1; 2009, No. 633, § 19; 2011, No. 582, § 1; 2011, No. 612, § 1.

(a) (1) The Governor shall take the oath of office before: (A) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (B) The county clerk; or (C) The clerk of the circuit court. (2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before: (A) The Governor; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (C) The clerk of the county court; or (D) The clerk of the circuit court. (3) All other officers, both civil and military, shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; (iv) District court; or (v) County court; (C) The clerk of the county court; (D) The clerk of the circuit court; (E) A justice of the peace; (F) A clerk of a city of the first class; or (G) A recorder of a city of the second class or incorporated town.

(1) The Governor shall take the oath of office before: (A) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (B) The county clerk; or (C) The clerk of the circuit court.

(A) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court;

(i) Supreme Court;

(ii) Court of Appeals;

(iii) Circuit court; or

(iv) District court;

(B) The county clerk; or

(C) The clerk of the circuit court.

(2) The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before: (A) The Governor; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court; (C) The clerk of the county court; or (D) The clerk of the circuit court.

(A) The Governor;

(B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; or (iv) District court;

(i) Supreme Court;

(ii) Court of Appeals;

(iii) Circuit court; or

(iv) District court;

(C) The clerk of the county court; or

(D) The clerk of the circuit court.

(3) All other officers, both civil and military, shall take their oaths before: (A) The Secretary of State or his or her official designee; (B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; (iv) District court; or (v) County court; (C) The clerk of the county court; (D) The clerk of the circuit court; (E) A justice of the peace; (F) A clerk of a city of the first class; or (G) A recorder of a city of the second class or incorporated town.

(A) The Secretary of State or his or her official designee;

(B) A justice or judge of the: (i) Supreme Court; (ii) Court of Appeals; (iii) Circuit court; (iv) District court; or (v) County court;

(i) Supreme Court;

(ii) Court of Appeals;

(iii) Circuit court;

(iv) District court; or

(v) County court;

(C) The clerk of the county court;

(D) The clerk of the circuit court;

(E) A justice of the peace;

(F) A clerk of a city of the first class; or

(G) A recorder of a city of the second class or incorporated town.

(b) However, if the officer is serving in or with the United States Armed Forces, he or she may take the oath of office before any commissioned officer in active service of the United States Armed Forces with the rank of second lieutenant or higher in the United States Army, United States Air Force, or United States Marine Corps, or ensign or higher in the United States Navy or United States Coast Guard.

(c) The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section.

(d) (1) If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor. (2) Upon the completion of the oath: (A) The outgoing officer immediately vacates his or her position; and (B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office.

(1) If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor.

(2) Upon the completion of the oath: (A) The outgoing officer immediately vacates his or her position; and (B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office.

(A) The outgoing officer immediately vacates his or her position; and

(B) The incoming officer assumes all the rights, privileges, and duties of his or her respective office.

Amended by Act 2021, No. 424,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 194,§ 1, eff. 7/24/2019.

Rev. Stat., ch. 106, § 1; Acts 1845, § 1, p. 61; C. & M. Dig., § 8074; Pope's Dig., § 10403; Acts 1945, No. 3, § 1; 1977, No. 531, § 1; A.S.A. 1947, § 12-207; Acts 1999, No. 641, § 1; 2009, No. 633, § 19; 2011, No. 582, § 1; 2011, No. 612, § 1.
Ark. Code Ann. § 21-15-108 — AR Code / Title 21 / Chapter 15 / Section 21-15-108
Exempted employees
Status: in_force

Any person who submits evidence of having maintained employment in the State of Arkansas for the past twelve (12) months and of successfully completing a criminal history check within the last twelve (12) months or in accordance with that person's professional license shall not be required to apply for a criminal history check under this subchapter. Acts 1997, No. 1019, § 8.

Any person who submits evidence of having maintained employment in the State of Arkansas for the past twelve (12) months and of successfully completing a criminal history check within the last twelve (12) months or in accordance with that person's professional license shall not be required to apply for a criminal history check under this subchapter.

Acts 1997, No. 1019, § 8.
Ark. Code Ann. § 21-1-906 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-906
Exceptions
Status: in_force

This subchapter shall not be construed to prohibit or otherwise limit a state law enforcement officer, state employee, or employee of a political subdivision of the state from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not: (1) Law enforcement activity related to a federal ban, as defined under § 21-1-903(1) ; or (2) The investigation of a violation of a federal ban, as defined under § 21-1-903(1) . Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

This subchapter shall not be construed to prohibit or otherwise limit a state law enforcement officer, state employee, or employee of a political subdivision of the state from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:

(1) Law enforcement activity related to a federal ban, as defined under § 21-1-903(1) ; or

(2) The investigation of a violation of a federal ban, as defined under § 21-1-903(1) .

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 21-5-418 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-418
Health savings account
Status: in_force

(a) A health savings account shall be a component of a consumer-driven health insurance plan option adopted by the State Board of Finance. (b) A school district may make an employer contribution into a participating public school employee's health savings account up to the maximum amount allowed by the Internal Revenue Service. (c) A school district shall ensure that any vendor the school district contracts with to provide health savings account management for the school district provides annual education to the school district's public school employees concerning the: (1) Advantages and disadvantages of a consumer-driven health plan option; and (2) Effective strategies for using a health savings account. Amended by Act 2021, No. 1004,§ 21, eff. 4/28/2021. Added by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Added by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013.

(a) A health savings account shall be a component of a consumer-driven health insurance plan option adopted by the State Board of Finance.

(b) A school district may make an employer contribution into a participating public school employee's health savings account up to the maximum amount allowed by the Internal Revenue Service.

(c) A school district shall ensure that any vendor the school district contracts with to provide health savings account management for the school district provides annual education to the school district's public school employees concerning the: (1) Advantages and disadvantages of a consumer-driven health plan option; and (2) Effective strategies for using a health savings account.

(1) Advantages and disadvantages of a consumer-driven health plan option; and

(2) Effective strategies for using a health savings account.

Amended by Act 2021, No. 1004,§ 21, eff. 4/28/2021.

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

Added by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013.
Ark. Code Ann. § 21-5-801 — AR Code / Title 21 / Chapter 5 / Subchapter 8 / Section 21-5-801
Definitions
Status: in_force

As used in this subchapter: (1) "State agency" means any office, department, commission, council, board, bureau, committee, institution, legislative body, or other agency of this state; and (2) "State officer" means elected state officials and members of commissions, boards, or other governmental bodies of state agencies. Acts 1987, No. 805, § 1.

As used in this subchapter:

(1) "State agency" means any office, department, commission, council, board, bureau, committee, institution, legislative body, or other agency of this state; and

(2) "State officer" means elected state officials and members of commissions, boards, or other governmental bodies of state agencies.

Acts 1987, No. 805, § 1.
Ark. Code Ann. § 21-12-201 — AR Code / Title 21 / Chapter 12 / Subchapter 2 / Section 21-12-201
Definitions
Status: in_force

In this subchapter: (1) "Articles of impeachment" means the written accusation of the officer, drawn up and approved by the House of Representatives. The articles of impeachment shall state with reasonable certainty the misdemeanors in office for which the officer is impeached, and, if there is more than one (1), the misdemeanors shall be stated separately and distinctly; and (2) "Impeachment" means the prosecution, by the House of Representatives before the Senate, of the Governor or other civil officer for misdemeanor in office. Crim. Code, §§ 389-391; C. & M. Dig., §§ 5603-5605; Pope's Dig., §§ 7248-7250; A.S.A. 1947, §§ 12-2201 -- 12-2203.

In this subchapter:

(1) "Articles of impeachment" means the written accusation of the officer, drawn up and approved by the House of Representatives. The articles of impeachment shall state with reasonable certainty the misdemeanors in office for which the officer is impeached, and, if there is more than one (1), the misdemeanors shall be stated separately and distinctly; and

(2) "Impeachment" means the prosecution, by the House of Representatives before the Senate, of the Governor or other civil officer for misdemeanor in office.

Crim. Code, §§ 389-391; C. & M. Dig., §§ 5603-5605; Pope's Dig., §§ 7248-7250; A.S.A. 1947, §§ 12-2201 -- 12-2203.
Ark. Code Ann. § 21-3-506 — AR Code / Title 21 / Chapter 3 / Subchapter 5 / Section 21-3-506
Agency eligibility
Status: in_force

All offices, branches, and agencies within state government shall be eligible to participate in the cooperative education program. Acts 1975, No. 551, § 7; A.S.A. 1947, § 12-2361.

All offices, branches, and agencies within state government shall be eligible to participate in the cooperative education program.

Acts 1975, No. 551, § 7; A.S.A. 1947, § 12-2361.
Ark. Code Ann. § 21-5-511 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-511
Automatic enrollment in deferred compensation plan - Definitions
Status: in_force

(a) As used in this section: (1) "Deferred compensation plan" means the Arkansas Diamond Deferred Compensation Plan or subsequent deferred compensation plan administered by the Director of the Employee Benefits Division under this subchapter; and (2) (A) "Employee" means a person employed full time by the state and the state employer participates in the Arkansas Diamond Deferred Compensation Plan on or after January 1, 2014. (B) "Employee" does not mean a person employed by a city, county, town, or other political subdivision that has adopted the Arkansas Diamond Deferred Compensation Plan. (b) (1) An employee beginning employment or reemployment on or after January 1, 2014, shall be enrolled in the deferred compensation plan. (2) However, an employee may elect not to participate in the deferred compensation plan. (c) (1) The amount of the contribution for an employee participating in the deferred compensation plan under subdivision (b)(1) of this section is three percent (3%) of the employee's annual compensation. (2) An employee may elect to contribute an amount greater than or less than the amount required under subdivision (c)(1) of this section. (d) If an employee elects not to participate in the deferred compensation plan within ninety (90) days of the employee's first contribution, the director may refund to the employee the balance of the employee's deferred compensation plan account. (e) The director shall provide notice to each employee subject to this section: (1) Within thirty (30) days of an employee's first contribution; and (2) At the beginning of each plan year. (f) The Secretary of the Department of Finance and Administration shall promulgate rules to: (1) Implement this section; and (2) Comply with federal law to: (A) Maintain the deferred compensation plan's tax qualification status by the United States Government to remain tax exempt and tax qualified; and (B) Protect an employee's deferred compensation plan account. Amended by Act 2019, No. 910,§ 3497, eff. 7/1/2019. Added by Act 2013, No. 452,§ 3, eff. 8/16/2013.

(a) As used in this section: (1) "Deferred compensation plan" means the Arkansas Diamond Deferred Compensation Plan or subsequent deferred compensation plan administered by the Director of the Employee Benefits Division under this subchapter; and (2) (A) "Employee" means a person employed full time by the state and the state employer participates in the Arkansas Diamond Deferred Compensation Plan on or after January 1, 2014. (B) "Employee" does not mean a person employed by a city, county, town, or other political subdivision that has adopted the Arkansas Diamond Deferred Compensation Plan.

(1) "Deferred compensation plan" means the Arkansas Diamond Deferred Compensation Plan or subsequent deferred compensation plan administered by the Director of the Employee Benefits Division under this subchapter; and

(2) (A) "Employee" means a person employed full time by the state and the state employer participates in the Arkansas Diamond Deferred Compensation Plan on or after January 1, 2014. (B) "Employee" does not mean a person employed by a city, county, town, or other political subdivision that has adopted the Arkansas Diamond Deferred Compensation Plan.

(A) "Employee" means a person employed full time by the state and the state employer participates in the Arkansas Diamond Deferred Compensation Plan on or after January 1, 2014.

(B) "Employee" does not mean a person employed by a city, county, town, or other political subdivision that has adopted the Arkansas Diamond Deferred Compensation Plan.

(b) (1) An employee beginning employment or reemployment on or after January 1, 2014, shall be enrolled in the deferred compensation plan. (2) However, an employee may elect not to participate in the deferred compensation plan.

(1) An employee beginning employment or reemployment on or after January 1, 2014, shall be enrolled in the deferred compensation plan.

(2) However, an employee may elect not to participate in the deferred compensation plan.

(c) (1) The amount of the contribution for an employee participating in the deferred compensation plan under subdivision (b)(1) of this section is three percent (3%) of the employee's annual compensation. (2) An employee may elect to contribute an amount greater than or less than the amount required under subdivision (c)(1) of this section.

(1) The amount of the contribution for an employee participating in the deferred compensation plan under subdivision (b)(1) of this section is three percent (3%) of the employee's annual compensation.

(2) An employee may elect to contribute an amount greater than or less than the amount required under subdivision (c)(1) of this section.

(d) If an employee elects not to participate in the deferred compensation plan within ninety (90) days of the employee's first contribution, the director may refund to the employee the balance of the employee's deferred compensation plan account.

(e) The director shall provide notice to each employee subject to this section: (1) Within thirty (30) days of an employee's first contribution; and (2) At the beginning of each plan year.

(1) Within thirty (30) days of an employee's first contribution; and

(2) At the beginning of each plan year.

(f) The Secretary of the Department of Finance and Administration shall promulgate rules to: (1) Implement this section; and (2) Comply with federal law to: (A) Maintain the deferred compensation plan's tax qualification status by the United States Government to remain tax exempt and tax qualified; and (B) Protect an employee's deferred compensation plan account.

(1) Implement this section; and

(2) Comply with federal law to: (A) Maintain the deferred compensation plan's tax qualification status by the United States Government to remain tax exempt and tax qualified; and (B) Protect an employee's deferred compensation plan account.

(A) Maintain the deferred compensation plan's tax qualification status by the United States Government to remain tax exempt and tax qualified; and

(B) Protect an employee's deferred compensation plan account.

Amended by Act 2019, No. 910,§ 3497, eff. 7/1/2019.

Added by Act 2013, No. 452,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 21-9-301 — AR Code / Title 21 / Chapter 9 / Subchapter 3 / Section 21-9-301
Tort liability - Immunity declared
Status: in_force

(a) It is declared to be the public policy of the State of Arkansas that all counties, municipal corporations, school districts, public charter schools, special improvement districts, law enforcement agencies for and certified law enforcement officers employed by a public or private institution of higher education, and all other political subdivisions of the state and any of their boards, commissions, agencies, authorities, or other governing bodies shall be immune from liability and from suit for damages except to the extent that they may be covered by liability insurance. (b) No tort action shall lie against any such political subdivision because of the acts of its agents and employees. Amended by Act 2021, No. 627,§ 1, eff. 7/28/2021. Acts 1969, No. 165, § 1; A.S.A. 1947, § 12-2901; Acts 1991, No. 542, § 7; 1993, No. 292, § 2; 1999, No. 984, § 1; 2011, No. 993, § 17.

(a) It is declared to be the public policy of the State of Arkansas that all counties, municipal corporations, school districts, public charter schools, special improvement districts, law enforcement agencies for and certified law enforcement officers employed by a public or private institution of higher education, and all other political subdivisions of the state and any of their boards, commissions, agencies, authorities, or other governing bodies shall be immune from liability and from suit for damages except to the extent that they may be covered by liability insurance.

(b) No tort action shall lie against any such political subdivision because of the acts of its agents and employees.

Amended by Act 2021, No. 627,§ 1, eff. 7/28/2021.

Acts 1969, No. 165, § 1; A.S.A. 1947, § 12-2901; Acts 1991, No. 542, § 7; 1993, No. 292, § 2; 1999, No. 984, § 1; 2011, No. 993, § 17.
Ark. Code Ann. § 21-8-101 — AR Code / Title 21 / Chapter 8 / Subchapter 1 / Section 21-8-101
Nepotism
Status: in_force

(a) A person who is related within the second degree, by consanguinity or affinity, to a member or employee of a state board or commission shall not be eligible for appointment as a member of the board. (b) A person who is related within the second degree, by consanguinity or affinity, to a member of a state board or commission shall not be eligible for employment by the board or commission. (c) This section shall apply only to persons hired or appointed after July 28, 1995. Acts 1995, No. 1123, § 3.

(a) A person who is related within the second degree, by consanguinity or affinity, to a member or employee of a state board or commission shall not be eligible for appointment as a member of the board.

(b) A person who is related within the second degree, by consanguinity or affinity, to a member of a state board or commission shall not be eligible for employment by the board or commission.

(c) This section shall apply only to persons hired or appointed after July 28, 1995.

Acts 1995, No. 1123, § 3.
Ark. Code Ann. § 21-11-101 — AR Code / Title 21 / Chapter 11 / Section 21-11-101
Definition - Exceptions
Status: in_force

As used in this chapter, "employee" shall mean all full-time state employees of all departments, agencies, boards, commissions, or other agencies of the state supported by appropriation of state or federal funds except the following excluded employees: (1) The elected constitutional officers of this state, including employees of the office of the Governor; (2) The General Assembly and its employees, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (3) Members of the Supreme Court, circuit courts, and prosecuting attorneys; (4) Members of the Governor's cabinet, agency directors, or other persons appointed by the Governor as head of a board or commission; (5) Employees occupying a teaching or athletic coaching position at a state-supported institution of higher education; and (6) Those other employees designated as excluded from the provisions of this chapter by the rules established by the State Personnel Administrator. Amended by Act 2019, No. 315,§ 2333, eff. 7/24/2019. Acts 1981, No. 856, § 2; A.S.A. 1947, § 12-4001.

As used in this chapter, "employee" shall mean all full-time state employees of all departments, agencies, boards, commissions, or other agencies of the state supported by appropriation of state or federal funds except the following excluded employees:

(1) The elected constitutional officers of this state, including employees of the office of the Governor;

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

(3) Members of the Supreme Court, circuit courts, and prosecuting attorneys;

(4) Members of the Governor's cabinet, agency directors, or other persons appointed by the Governor as head of a board or commission;

(5) Employees occupying a teaching or athletic coaching position at a state-supported institution of higher education; and

(6) Those other employees designated as excluded from the provisions of this chapter by the rules established by the State Personnel Administrator.

Amended by Act 2019, No. 315,§ 2333, eff. 7/24/2019.

Acts 1981, No. 856, § 2; A.S.A. 1947, § 12-4001.
Ark. Code Ann. § 21-4-403 — AR Code / Title 21 / Chapter 4 / Subchapter 4 / Section 21-4-403
Determination of amount of leave and rate of pay - Records
Status: in_force

(a) In the event that the salary of a deceased employee is not fixed on the basis of a day, then the daily rate of pay shall be determined by dividing the monthly salary by thirty (30) or the annual salary by three hundred sixty (360), as the case may be. (b) (1) The number of days of accumulated leave of any deceased employee shall be determined on the basis of the written rules, resolutions, or policies promulgated by the agency or department head or by the board or commission. (2) Each agency, department head, board, or commission shall keep complete records of the vacations taken and accrued vacation time as provided by its rules, resolutions, or policies. Amended by Act 2019, No. 315,§ 2319, eff. 7/24/2019. Acts 1967, No. 97, §§ 2, 3; A.S.A. 1947, §§ 12-2344, 12-2345.

(a) In the event that the salary of a deceased employee is not fixed on the basis of a day, then the daily rate of pay shall be determined by dividing the monthly salary by thirty (30) or the annual salary by three hundred sixty (360), as the case may be.

(b) (1) The number of days of accumulated leave of any deceased employee shall be determined on the basis of the written rules, resolutions, or policies promulgated by the agency or department head or by the board or commission. (2) Each agency, department head, board, or commission shall keep complete records of the vacations taken and accrued vacation time as provided by its rules, resolutions, or policies.

(1) The number of days of accumulated leave of any deceased employee shall be determined on the basis of the written rules, resolutions, or policies promulgated by the agency or department head or by the board or commission.

(2) Each agency, department head, board, or commission shall keep complete records of the vacations taken and accrued vacation time as provided by its rules, resolutions, or policies.

Amended by Act 2019, No. 315,§ 2319, eff. 7/24/2019.

Acts 1967, No. 97, §§ 2, 3; A.S.A. 1947, §§ 12-2344, 12-2345.
Ark. Code Ann. § 21-5-402 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-402
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1004,§ 11, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6136, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3496, eff. 7/1/2019. Amended by Act 2014EX2, No. 6,§ 1, eff. 10/1/2014. Amended by Act 2014EX2, No. 3,§ 1, eff. 10/1/2014. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, §§ 2, 3; 1997, No. 633, § 1; 1999, No. 1280, § 2; 2003, No. 1446, § 1; 2007, No. 1009, § 2.

Repealed by Act 2021, No. 1004,§ 11, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6136, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3496, eff. 7/1/2019.

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

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

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

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

Acts 1995, No. 1206, §§ 2, 3; 1997, No. 633, § 1; 1999, No. 1280, § 2; 2003, No. 1446, § 1; 2007, No. 1009, § 2.
Ark. Code Ann. § 21-5-903 — AR Code / Title 21 / Chapter 5 / Subchapter 9 / Section 21-5-903
Computing retirement benefits
Status: in_force

The amount by which an eligible employee's salary is reduced pursuant to a salary reduction agreement shall continue to be included as compensation for the purpose of computing retirement benefits. Acts 1987, No. 810, § 3.

The amount by which an eligible employee's salary is reduced pursuant to a salary reduction agreement shall continue to be included as compensation for the purpose of computing retirement benefits.

Acts 1987, No. 810, § 3.
Ark. Code Ann. § 21-5-505 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-505
Authority of Department of Finance and Administration
Status: in_force

(a) The Department of Finance and Administration is authorized to enter into contractual agreements with employees on behalf of the state to defer any portion of that employee's future compensation. (b) The department may, upon request, designate an officer or officers within any state agency, department, board, commission, or institution to enter into such contractual agreements with employees of that particular state agency, department, board, commission, or institution. Acts 1975, No. 669, § 2; 1977, No. 937, § 1; A.S.A. 1947, § 12-1619; Acts 1999, No. 1280, § 13.

(a) The Department of Finance and Administration is authorized to enter into contractual agreements with employees on behalf of the state to defer any portion of that employee's future compensation.

(b) The department may, upon request, designate an officer or officers within any state agency, department, board, commission, or institution to enter into such contractual agreements with employees of that particular state agency, department, board, commission, or institution.

Acts 1975, No. 669, § 2; 1977, No. 937, § 1; A.S.A. 1947, § 12-1619; Acts 1999, No. 1280, § 13.
Ark. Code Ann. § 21-8-303 — AR Code / Title 21 / Chapter 8 / Subchapter 3 / Section 21-8-303
Enforcement
Status: in_force

(a) (1) It shall be the duties and responsibilities of the prosecuting attorneys of this state to supervise compliance with this subchapter and to prosecute persons who violate the provisions of this subchapter. (2) (A) However, the Arkansas Ethics Commission shall also have authority to investigate violations of this subchapter and to render findings and disciplinary action. (B) To be considered valid, a complaint alleging a violation of § 21-8-305 shall include a copy of a court record reflecting that the person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime. (b) (1) In the event the prosecuting attorney shall fail or refuse to enforce the provisions of this subchapter when the facts are known by him or her, or called to his or her attention, any citizen of this state may bring action in circuit court to force compliance with this subchapter. (2) The citizen shall be entitled to receive reimbursements for expenses and reasonable attorney's fees upon the successful outcome of such litigation. Amended by Act 2023, No. 307,§ 8, eff. 8/1/2023. Acts 1979, No. 570, § 7; A.S.A. 1947, § 12-3007; Acts 1999, No. 553, § 30.

(a) (1) It shall be the duties and responsibilities of the prosecuting attorneys of this state to supervise compliance with this subchapter and to prosecute persons who violate the provisions of this subchapter. (2) (A) However, the Arkansas Ethics Commission shall also have authority to investigate violations of this subchapter and to render findings and disciplinary action. (B) To be considered valid, a complaint alleging a violation of § 21-8-305 shall include a copy of a court record reflecting that the person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime.

(1) It shall be the duties and responsibilities of the prosecuting attorneys of this state to supervise compliance with this subchapter and to prosecute persons who violate the provisions of this subchapter.

(2) (A) However, the Arkansas Ethics Commission shall also have authority to investigate violations of this subchapter and to render findings and disciplinary action. (B) To be considered valid, a complaint alleging a violation of § 21-8-305 shall include a copy of a court record reflecting that the person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime.

(A) However, the Arkansas Ethics Commission shall also have authority to investigate violations of this subchapter and to render findings and disciplinary action.

(B) To be considered valid, a complaint alleging a violation of § 21-8-305 shall include a copy of a court record reflecting that the person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime.

(b) (1) In the event the prosecuting attorney shall fail or refuse to enforce the provisions of this subchapter when the facts are known by him or her, or called to his or her attention, any citizen of this state may bring action in circuit court to force compliance with this subchapter. (2) The citizen shall be entitled to receive reimbursements for expenses and reasonable attorney's fees upon the successful outcome of such litigation.

(1) In the event the prosecuting attorney shall fail or refuse to enforce the provisions of this subchapter when the facts are known by him or her, or called to his or her attention, any citizen of this state may bring action in circuit court to force compliance with this subchapter.

(2) The citizen shall be entitled to receive reimbursements for expenses and reasonable attorney's fees upon the successful outcome of such litigation.

Amended by Act 2023, No. 307,§ 8, eff. 8/1/2023.

Acts 1979, No. 570, § 7; A.S.A. 1947, § 12-3007; Acts 1999, No. 553, § 30.
Ark. Code Ann. § 21-3-508 — AR Code / Title 21 / Chapter 3 / Subchapter 5 / Section 21-3-508
School eligibility
Status: in_force

In order for any institution of higher education within the State of Arkansas to participate in the cooperative education program, that institution must meet the following criteria, as determined by the Arkansas Cooperative Education Advisory Committee: (1) The institution has appointed a director or coordinator whose primary responsibility is the direction of that institution's cooperative education program, for which the director or coordinator receives proportionate compensation or released time from instruction or other administrative duties; (2) The institution will grant academic credit toward the student's degree program for the work period within the Arkansas state government system; and (3) The institution agrees to and does so provide the committee with a written summary of the evaluation made by the institution of the student's educational-work experience within sixty (60) days of the conclusion of that placement period. Acts 1975, No. 551, § 4; A.S.A. 1947, § 12-2358.

In order for any institution of higher education within the State of Arkansas to participate in the cooperative education program, that institution must meet the following criteria, as determined by the Arkansas Cooperative Education Advisory Committee:

(1) The institution has appointed a director or coordinator whose primary responsibility is the direction of that institution's cooperative education program, for which the director or coordinator receives proportionate compensation or released time from instruction or other administrative duties;

(2) The institution will grant academic credit toward the student's degree program for the work period within the Arkansas state government system; and

(3) The institution agrees to and does so provide the committee with a written summary of the evaluation made by the institution of the student's educational-work experience within sixty (60) days of the conclusion of that placement period.

Acts 1975, No. 551, § 4; A.S.A. 1947, § 12-2358.
Ark. Code Ann. § 21-1-201 — AR Code / Title 21 / Chapter 1 / Subchapter 2 / Section 21-1-201
Gender not a bar to holding office
Status: in_force

(a) Gender shall not be a bar to the holding of any public or civil office in this state. (b) Women, where otherwise qualified, shall be entitled to hold public or civil office, whether elective or appointive, under the Arkansas Constitution and statutes of this state. Acts 1921, No. 59, §§ 1, 2; Pope's Dig., §§ 10436, 10437; A.S.A. 1947, §§ 12-101, 12-102.

(a) Gender shall not be a bar to the holding of any public or civil office in this state.

(b) Women, where otherwise qualified, shall be entitled to hold public or civil office, whether elective or appointive, under the Arkansas Constitution and statutes of this state.

Acts 1921, No. 59, §§ 1, 2; Pope's Dig., §§ 10436, 10437; A.S.A. 1947, §§ 12-101, 12-102.
Ark. Code Ann. § 21-8-404 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-404
Investigation generally
Status: in_force

The prosecuting attorney of the district where an alleged violation occurred shall have the authority to investigate the alleged violations of this chapter. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1.

The prosecuting attorney of the district where an alleged violation occurred shall have the authority to investigate the alleged violations of this chapter.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1.
Ark. Code Ann. § 21-6-105 — AR Code / Title 21 / Chapter 6 / Subchapter 1 / Section 21-6-105
Computation of fees
Status: in_force

In all cases where fees are allowed by law according to the number of words, each figure shall be counted as one (1) word. Acts 12/23/1842, § 23, p. 27; C. & M. Dig., § 4623; Pope's Dig., § 5712; A.S.A. 1947, § 12-1734.

In all cases where fees are allowed by law according to the number of words, each figure shall be counted as one (1) word.

Acts 12/23/1842, § 23, p. 27; C. & M. Dig., § 4623; Pope's Dig., § 5712; A.S.A. 1947, § 12-1734.
Ark. Code Ann. § 21-3-205 — AR Code / Title 21 / Chapter 3 / Subchapter 2 / Section 21-3-205
Compulsory retirement of certain employees
Status: in_force

(a) (1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000). (2) In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made. (b) The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982. Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 2.

(a) (1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000). (2) In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.

(1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000).

(2) In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.

(b) The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982.

Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 2.
Ark. Code Ann. § 21-8-302 — AR Code / Title 21 / Chapter 8 / Subchapter 3 / Section 21-8-302
Penalties
Status: in_force

Any person who knowingly or willfully violates any provision of this subchapter shall be guilty of a Class B misdemeanor. Acts 1979, No. 570, § 7; A.S.A. 1947, § 12-3007; Acts 2005, No. 1284, § 13.

Any person who knowingly or willfully violates any provision of this subchapter shall be guilty of a Class B misdemeanor.

Acts 1979, No. 570, § 7; A.S.A. 1947, § 12-3007; Acts 2005, No. 1284, § 13.
Ark. Code Ann. § 21-13-108 — AR Code / Title 21 / Chapter 13 / Section 21-13-108
Liability insurance - Sovereign immunity
Status: in_force

(a) Liability insurance may be provided by the department utilizing volunteer services, both to regular-service and occasional-service volunteers, to the same extent as may be provided by the department to its paid staff. (b) Volunteers in state service shall enjoy the protection of the state's sovereign immunity to the same extent as paid staff. Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705; Acts 2005, No. 1962, § 103.

(a) Liability insurance may be provided by the department utilizing volunteer services, both to regular-service and occasional-service volunteers, to the same extent as may be provided by the department to its paid staff.

(b) Volunteers in state service shall enjoy the protection of the state's sovereign immunity to the same extent as paid staff.

Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705; Acts 2005, No. 1962, § 103.
Ark. Code Ann. § 21-7-203 — AR Code / Title 21 / Chapter 7 / Subchapter 2 / Section 21-7-203
Monthly reports by certain state officers - Disposition of funds
Status: in_force

(a) (1) The Secretary of State, Auditor of State, and Commissioner of State Lands shall each render to the Treasurer of State, on the first day of each month, a statement of the amounts received by him or her from fees and emoluments of office during the month preceding. (2) The officer shall, at the same time, deposit with the Treasurer of State the amounts in the identical pieces of money, or the evidence of value so received. (3) The Treasurer of State shall render to the Auditor of State, in like manner in all respects, monthly statements in detail of the amounts by him or her directly received from fees and emoluments proper from the office of the Treasurer of State. (b) The officers shall each incorporate into his or her regular report to the Governor, for transmission to the General Assembly, a classified statement of the sums received by him or her from fees and emoluments since the date of his or her last report. Acts 1875, No. 47, § 2, p. 124; C. & M. Dig., § 4634; Pope's Dig., § 5723; A.S.A. 1947, § 12-1802.

(a) (1) The Secretary of State, Auditor of State, and Commissioner of State Lands shall each render to the Treasurer of State, on the first day of each month, a statement of the amounts received by him or her from fees and emoluments of office during the month preceding. (2) The officer shall, at the same time, deposit with the Treasurer of State the amounts in the identical pieces of money, or the evidence of value so received. (3) The Treasurer of State shall render to the Auditor of State, in like manner in all respects, monthly statements in detail of the amounts by him or her directly received from fees and emoluments proper from the office of the Treasurer of State.

(1) The Secretary of State, Auditor of State, and Commissioner of State Lands shall each render to the Treasurer of State, on the first day of each month, a statement of the amounts received by him or her from fees and emoluments of office during the month preceding.

(2) The officer shall, at the same time, deposit with the Treasurer of State the amounts in the identical pieces of money, or the evidence of value so received.

(3) The Treasurer of State shall render to the Auditor of State, in like manner in all respects, monthly statements in detail of the amounts by him or her directly received from fees and emoluments proper from the office of the Treasurer of State.

(b) The officers shall each incorporate into his or her regular report to the Governor, for transmission to the General Assembly, a classified statement of the sums received by him or her from fees and emoluments since the date of his or her last report.

Acts 1875, No. 47, § 2, p. 124; C. & M. Dig., § 4634; Pope's Dig., § 5723; A.S.A. 1947, § 12-1802.
Ark. Code Ann. § 21-4-303 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-303
Officers - Deputy appointed by officer
Status: in_force

(a) Officers who are authorized by law to appoint deputies shall appoint capable and competent deputies to take over and perform the duties of the office while the officers are on leave. (b) The deputy shall be required to furnish good and sufficient bond in the same sum as required of the officer appointing him or her for the faithful performance of such duties. (c) After the bond is furnished by the deputy, the bond of the officer appointing him or her shall be null and void. (d) (1) Such officer shall file a certificate with the county clerk stating that he or she is taking a leave of absence under the provisions of this subchapter and shall name in the certificate the deputy selected by him or her to fill the office while he or she is on leave. (2) The county clerk shall record the certificate in the records of the county court. (e) The deputy so appointed shall have the right to appoint any deputies necessary for the efficient operation of the office. (f) (1) Any deputy qualifying under the provisions of this subchapter shall perform all duties that may devolve upon the officer appointing him or her, and shall sign all official papers and documents in the name of the officer so appointing him or her as deputy. (2) The deputy's acts shall in all respects be as binding as if performed by the officer appointing such deputy. Acts 1943, No. 247, §§ 5, 6; A.S.A. 1947, §§ 12-2305, 12-2306.

(a) Officers who are authorized by law to appoint deputies shall appoint capable and competent deputies to take over and perform the duties of the office while the officers are on leave.

(b) The deputy shall be required to furnish good and sufficient bond in the same sum as required of the officer appointing him or her for the faithful performance of such duties.

(c) After the bond is furnished by the deputy, the bond of the officer appointing him or her shall be null and void.

(d) (1) Such officer shall file a certificate with the county clerk stating that he or she is taking a leave of absence under the provisions of this subchapter and shall name in the certificate the deputy selected by him or her to fill the office while he or she is on leave. (2) The county clerk shall record the certificate in the records of the county court.

(1) Such officer shall file a certificate with the county clerk stating that he or she is taking a leave of absence under the provisions of this subchapter and shall name in the certificate the deputy selected by him or her to fill the office while he or she is on leave.

(2) The county clerk shall record the certificate in the records of the county court.

(e) The deputy so appointed shall have the right to appoint any deputies necessary for the efficient operation of the office.

(f) (1) Any deputy qualifying under the provisions of this subchapter shall perform all duties that may devolve upon the officer appointing him or her, and shall sign all official papers and documents in the name of the officer so appointing him or her as deputy. (2) The deputy's acts shall in all respects be as binding as if performed by the officer appointing such deputy.

(1) Any deputy qualifying under the provisions of this subchapter shall perform all duties that may devolve upon the officer appointing him or her, and shall sign all official papers and documents in the name of the officer so appointing him or her as deputy.

(2) The deputy's acts shall in all respects be as binding as if performed by the officer appointing such deputy.

Acts 1943, No. 247, §§ 5, 6; A.S.A. 1947, §§ 12-2305, 12-2306.
Ark. Code Ann. § 21-5-1409 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1409
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 786,§ 42, eff. 4/12/2023. Amended by Act 2021, No. 479,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 496,§ 3, eff. 7/1/2021. Amended by Act 2019, No. 763,§ 5, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2326, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2325, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2324, eff. 7/1/2019. Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023.

Amended by Act 2023, No. 786,§ 42, eff. 4/12/2023.

Amended by Act 2021, No. 479,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 496,§ 3, eff. 7/1/2021.

Amended by Act 2019, No. 763,§ 5, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2326, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2325, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2324, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-4-307 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-307
Officers - Expiration of term while on leave
Status: in_force

(a) In the event the term of office of an official on leave shall expire during leave, the office of that official shall be filled by election or appointment as may be required by law. (b) However, the official on leave shall have the right to qualify and become a candidate for such office, and if nominated and elected, shall have the same rights and privileges provided in this subchapter. Acts 1943, No. 247, § 4; A.S.A. 1947, § 12-2304.

(a) In the event the term of office of an official on leave shall expire during leave, the office of that official shall be filled by election or appointment as may be required by law.

(b) However, the official on leave shall have the right to qualify and become a candidate for such office, and if nominated and elected, shall have the same rights and privileges provided in this subchapter.

Acts 1943, No. 247, § 4; A.S.A. 1947, § 12-2304.
Ark. Code Ann. § 21-1-104 — AR Code / Title 21 / Chapter 1 / Subchapter 1 / Section 21-1-104
Limitation on judicial employment - State employee
Status: in_force

(a) No state employee shall serve both in a full-time quasi judicial position, or in a full-time position which provides legal assistance to a quasi judicial position, in the Arkansas State Claims Commission, Arkansas Public Service Commission, Workers' Compensation Commission, State Department for Social Security Administration Disability Determination, or any other quasi judicial agency, department, or commission and as an elected judge. (b) For purposes of this section, the term "state employee" means anyone who works one thousand (1,000) hours or more per year and participates in the Arkansas Public Employees' Retirement System. Acts 1993, No. 860, § 29.

(a) No state employee shall serve both in a full-time quasi judicial position, or in a full-time position which provides legal assistance to a quasi judicial position, in the Arkansas State Claims Commission, Arkansas Public Service Commission, Workers' Compensation Commission, State Department for Social Security Administration Disability Determination, or any other quasi judicial agency, department, or commission and as an elected judge.

(b) For purposes of this section, the term "state employee" means anyone who works one thousand (1,000) hours or more per year and participates in the Arkansas Public Employees' Retirement System.

Acts 1993, No. 860, § 29.
Ark. Code Ann. § 21-4-310 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-310
Employment and retirement rights
Status: in_force

(a) During a leave of absence, an official shall be entitled to preserve all seniority rights, efficiency rating, promotional status, and retirement privileges. (b) The period of active military service shall, for purposes of computations to determine whether such persons may be entitled to retirement under the laws of the State of Arkansas, be deemed continuous service in the office of the official or employee. (c) While absent on leave, the official or employee shall not be required to make contribution to any retirement fund. Acts 1943, No. 247, § 10; A.S.A. 1947, § 12-2310.

(a) During a leave of absence, an official shall be entitled to preserve all seniority rights, efficiency rating, promotional status, and retirement privileges.

(b) The period of active military service shall, for purposes of computations to determine whether such persons may be entitled to retirement under the laws of the State of Arkansas, be deemed continuous service in the office of the official or employee.

(c) While absent on leave, the official or employee shall not be required to make contribution to any retirement fund.

Acts 1943, No. 247, § 10; A.S.A. 1947, § 12-2310.
Ark. Code Ann. § 21-13-105 — AR Code / Title 21 / Chapter 13 / Section 21-13-105
Development of programs - Use of volunteers
Status: in_force

(a) Every department, through its executive head, may develop volunteer programs and accept the services of volunteers, including regular-service volunteers, occasional-service volunteers, or material donors to assist in programs carried out or administered by that department. (b) Each department that utilizes the services of volunteers may: (1) Enlist the services of the Department of Human Services to assist in the development of volunteer programs; (2) Take actions as are necessary and appropriate to develop meaningful opportunities for volunteers involved in those programs and to improve public services; (3) Develop written rules governing recruitment, training, screening, responsibility, utilization, and supervision of volunteers; (4) Take action as is necessary to ensure that volunteer and paid staff of each department understand their respective duties and responsibilities, their relationship to each other, and their respective roles in fulfilling the objectives of their department; (5) Take actions as are necessary and appropriate to assure a receptive climate to attract citizen volunteers; and (6) Provide for the recognition of volunteers who have offered exceptional service to the state, its political subdivisions, or school districts. Amended by Act 2017, No. 913,§ 3, eff. 8/1/2017. Acts 1981, No. 42, §§ 3, 4; A.S.A. 1947, §§ 12-3703, 12-3704; Acts 2011, No. 42, § 3.

(a) Every department, through its executive head, may develop volunteer programs and accept the services of volunteers, including regular-service volunteers, occasional-service volunteers, or material donors to assist in programs carried out or administered by that department.

(b) Each department that utilizes the services of volunteers may: (1) Enlist the services of the Department of Human Services to assist in the development of volunteer programs; (2) Take actions as are necessary and appropriate to develop meaningful opportunities for volunteers involved in those programs and to improve public services; (3) Develop written rules governing recruitment, training, screening, responsibility, utilization, and supervision of volunteers; (4) Take action as is necessary to ensure that volunteer and paid staff of each department understand their respective duties and responsibilities, their relationship to each other, and their respective roles in fulfilling the objectives of their department; (5) Take actions as are necessary and appropriate to assure a receptive climate to attract citizen volunteers; and (6) Provide for the recognition of volunteers who have offered exceptional service to the state, its political subdivisions, or school districts.

(1) Enlist the services of the Department of Human Services to assist in the development of volunteer programs;

(2) Take actions as are necessary and appropriate to develop meaningful opportunities for volunteers involved in those programs and to improve public services;

(3) Develop written rules governing recruitment, training, screening, responsibility, utilization, and supervision of volunteers;

(4) Take action as is necessary to ensure that volunteer and paid staff of each department understand their respective duties and responsibilities, their relationship to each other, and their respective roles in fulfilling the objectives of their department;

(5) Take actions as are necessary and appropriate to assure a receptive climate to attract citizen volunteers; and

(6) Provide for the recognition of volunteers who have offered exceptional service to the state, its political subdivisions, or school districts.

Amended by Act 2017, No. 913,§ 3, eff. 8/1/2017.

Acts 1981, No. 42, §§ 3, 4; A.S.A. 1947, §§ 12-3703, 12-3704; Acts 2011, No. 42, § 3.
Ark. Code Ann. § 21-5-708 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-708
Designated beneficiary
Status: in_force

(a) (1) A covered public employee may designate a beneficiary on a form provided by his or her employer. (2) The form to designate a beneficiary shall be completed by the covered public employee, witnessed, and submitted to his or her employer to be kept in the covered public employee's personnel file. (3) Upon a change of beneficiary, the employer shall notify the previous beneficiary within thirty (30) days after the change of beneficiary occurred. (b) If the covered public employee does not designate a beneficiary, the benefits shall be paid to the surviving spouse or surviving children under twenty-two (22) years of age or, if there is no surviving spouse or surviving children under twenty-two (22) years of age, then to the surviving children twenty-two (22) years of age or older or to the surviving parents. Amended by Act 2015, No. 297,§ 1, eff. 7/22/2015. Acts 2009, No. 1313, § 3.

(a) (1) A covered public employee may designate a beneficiary on a form provided by his or her employer. (2) The form to designate a beneficiary shall be completed by the covered public employee, witnessed, and submitted to his or her employer to be kept in the covered public employee's personnel file. (3) Upon a change of beneficiary, the employer shall notify the previous beneficiary within thirty (30) days after the change of beneficiary occurred.

(1) A covered public employee may designate a beneficiary on a form provided by his or her employer.

(2) The form to designate a beneficiary shall be completed by the covered public employee, witnessed, and submitted to his or her employer to be kept in the covered public employee's personnel file.

(3) Upon a change of beneficiary, the employer shall notify the previous beneficiary within thirty (30) days after the change of beneficiary occurred.

(b) If the covered public employee does not designate a beneficiary, the benefits shall be paid to the surviving spouse or surviving children under twenty-two (22) years of age or, if there is no surviving spouse or surviving children under twenty-two (22) years of age, then to the surviving children twenty-two (22) years of age or older or to the surviving parents.

Amended by Act 2015, No. 297,§ 1, eff. 7/22/2015.

Acts 2009, No. 1313, § 3.
Ark. Code Ann. § 21-5-501 — AR Code / Title 21 / Chapter 5 / Subchapter 5 / Section 21-5-501
Definition
Status: in_force

For the purpose of this subchapter, "employee" means any person, partnership, or professional association whether appointed, elected, or under contract, providing services for the state, county, city, town, or other political subdivision for which compensation is paid. Acts 1975, No. 669, § 4; A.S.A. 1947, § 12-1621.

For the purpose of this subchapter, "employee" means any person, partnership, or professional association whether appointed, elected, or under contract, providing services for the state, county, city, town, or other political subdivision for which compensation is paid.

Acts 1975, No. 669, § 4; A.S.A. 1947, § 12-1621.
Ark. Code Ann. § 21-5-202 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-202
Legislative intent
Status: in_force

(a) It is the purpose and intent of this subchapter to establish uniform classifications for all affected state employees of agencies, boards, commissions, and institutions of higher education covered by the provisions of this subchapter and to establish a uniform compensation plan to be followed by the agencies, boards, commissions, and institutions of higher education, with respect to the authorized positions of their employees. (b) It is the purpose of this subchapter to implement the administration and enforcement of the uniform position classification and compensation plan provided for affected agencies and institutions in accordance with sound business management practices. Acts 1969, No. 199, § 1; A.S.A. 1947, § 12-3202; Acts 1989, No. 793, § 1.

(a) It is the purpose and intent of this subchapter to establish uniform classifications for all affected state employees of agencies, boards, commissions, and institutions of higher education covered by the provisions of this subchapter and to establish a uniform compensation plan to be followed by the agencies, boards, commissions, and institutions of higher education, with respect to the authorized positions of their employees.

(b) It is the purpose of this subchapter to implement the administration and enforcement of the uniform position classification and compensation plan provided for affected agencies and institutions in accordance with sound business management practices.

Acts 1969, No. 199, § 1; A.S.A. 1947, § 12-3202; Acts 1989, No. 793, § 1.
Ark. Code Ann. § 21-1-607 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-607
Protection of confidentiality
Status: in_force

(a) This subchapter shall not be construed to permit a disclosure which would diminish or impair the rights of any person or any public official to the continued protection of confidentiality of records or working papers where a statute or the common law provides for protection. (b) (1) All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivisions (b)(2) and (3) of this section. (2) Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law. (3) This section does not apply to the name and identifying information of a state employee eligible to receive a reward under § 21-1-610 who does not request confidentiality under § 21-1-610(g) . (c) This section applies without limitation to communications regarding the existence of waste or of a violation received by a telephone hotline allowing for the reporting of fraud, waste, or abuse in government. Amended by Act 2015, No. 1103,§ 2, eff. 7/22/2015. Acts 1999, No. 1523, § 7.

(a) This subchapter shall not be construed to permit a disclosure which would diminish or impair the rights of any person or any public official to the continued protection of confidentiality of records or working papers where a statute or the common law provides for protection.

(b) (1) All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivisions (b)(2) and (3) of this section. (2) Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law. (3) This section does not apply to the name and identifying information of a state employee eligible to receive a reward under § 21-1-610 who does not request confidentiality under § 21-1-610(g) .

(1) All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivisions (b)(2) and (3) of this section.

(2) Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law.

(3) This section does not apply to the name and identifying information of a state employee eligible to receive a reward under § 21-1-610 who does not request confidentiality under § 21-1-610(g) .

(c) This section applies without limitation to communications regarding the existence of waste or of a violation received by a telephone hotline allowing for the reporting of fraud, waste, or abuse in government.

Amended by Act 2015, No. 1103,§ 2, eff. 7/22/2015.

Acts 1999, No. 1523, § 7.
Ark. Code Ann. § 21-2-108 — AR Code / Title 21 / Chapter 2 / Subchapter 1 / Section 21-2-108
Duration of bond
Status: in_force

All official bonds shall be executed for a definite period not to exceed two (2) years. Acts 1975, No. 331, § 3; A.S.A. 1947, § 12-240.

All official bonds shall be executed for a definite period not to exceed two (2) years.

Acts 1975, No. 331, § 3; A.S.A. 1947, § 12-240.
Ark. Code Ann. § 21-9-303 — AR Code / Title 21 / Chapter 9 / Subchapter 3 / Section 21-9-303
Motor vehicle liability insurance required - Minimum amounts
Status: in_force

(a) All political subdivisions shall carry liability insurance on their motor vehicles or shall become self-insurers, individually or collectively, for their vehicles, or both, in the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (b) The combined maximum liability of local government employees, volunteers, and the local government employer in any action involving the use of a motor vehicle within the scope of their employment shall be the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., unless the political subdivision has purchased insurance coverage or participates in a self-insurance pool providing for an amount of coverage in excess of the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., in which event the maximum liability of the insurer or pool shall be the limits of the coverage provided for in the policy or agreement. (c) (1) Any person who suffers injury or damage to person or property caused by a motor vehicle operated by an employee, agent, or volunteer of a local government covered by this section shall have a direct cause of action against the insurer if insured, or the governmental entity if uninsured, or the trustee or chief administrative officer of any self-insured or self-insurance pool. (2) Any judgment against a trustee or administrator of a self-insurance pool shall be paid from pool assets up to the maximum limit of liability as provided in this section. Acts 1969, No. 165, § 3; A.S.A. 1947, § 12-2903; Acts 1987, No. 590, § 1; 1987, No. 1064, § 1; 1989 (3rd Ex. Sess.), No. 47, § 1.

(a) All political subdivisions shall carry liability insurance on their motor vehicles or shall become self-insurers, individually or collectively, for their vehicles, or both, in the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(b) The combined maximum liability of local government employees, volunteers, and the local government employer in any action involving the use of a motor vehicle within the scope of their employment shall be the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., unless the political subdivision has purchased insurance coverage or participates in a self-insurance pool providing for an amount of coverage in excess of the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., in which event the maximum liability of the insurer or pool shall be the limits of the coverage provided for in the policy or agreement.

(c) (1) Any person who suffers injury or damage to person or property caused by a motor vehicle operated by an employee, agent, or volunteer of a local government covered by this section shall have a direct cause of action against the insurer if insured, or the governmental entity if uninsured, or the trustee or chief administrative officer of any self-insured or self-insurance pool. (2) Any judgment against a trustee or administrator of a self-insurance pool shall be paid from pool assets up to the maximum limit of liability as provided in this section.

(1) Any person who suffers injury or damage to person or property caused by a motor vehicle operated by an employee, agent, or volunteer of a local government covered by this section shall have a direct cause of action against the insurer if insured, or the governmental entity if uninsured, or the trustee or chief administrative officer of any self-insured or self-insurance pool.

(2) Any judgment against a trustee or administrator of a self-insurance pool shall be paid from pool assets up to the maximum limit of liability as provided in this section.

Acts 1969, No. 165, § 3; A.S.A. 1947, § 12-2903; Acts 1987, No. 590, § 1; 1987, No. 1064, § 1; 1989 (3rd Ex. Sess.), No. 47, § 1.
Ark. Code Ann. § 21-1-309 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-309
Period in which authority may be exercised
Status: in_force

(a) Officials authorized to act as Governor pursuant to this subchapter, emergency interim successors, and special emergency judges are empowered to exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack upon the United States, as defined in this subchapter, has occurred. (b) At any time, the General Assembly by concurrent resolution may terminate the authority of emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as provided in this subchapter. Acts 1961, No. 489, § 10; A.S.A. 1947, § 12-123.

(a) Officials authorized to act as Governor pursuant to this subchapter, emergency interim successors, and special emergency judges are empowered to exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack upon the United States, as defined in this subchapter, has occurred.

(b) At any time, the General Assembly by concurrent resolution may terminate the authority of emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as provided in this subchapter.

Acts 1961, No. 489, § 10; A.S.A. 1947, § 12-123.
Ark. Code Ann. § 21-5-219 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-219
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1007,§ 6, eff. 7/1/2015. Acts 1997, No. 532, § 3; 1999, No. 1019, § 4; 2001, No. 1461, § 11; 2003 (1st Ex. Sess.), No. 22, § 3; 2009, No. 688, § 12; 2011, No. 1017, § 6.

Repealed by Act 2015, No. 1007,§ 6, eff. 7/1/2015.

Acts 1997, No. 532, § 3; 1999, No. 1019, § 4; 2001, No. 1461, § 11; 2003 (1st Ex. Sess.), No. 22, § 3; 2009, No. 688, § 12; 2011, No. 1017, § 6.
Ark. Code Ann. § 21-4-213 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-213
Court and jury leave - Definition
Status: in_force

(a) An employee serving as a juror in state or federal court shall be entitled to full compensation in addition to any fees paid for such services, and such services or necessary appearances in any court shall not be counted as annual leave. (b) If an employee is subpoenaed as a witness to give a deposition or testimony in state or federal court, at a hearing, or before any body with power to issue a subpoena, the employee is: (1) Entitled to his or her salary if the employee is a witness in a matter: (A) Within the employee's scope of state employment; or (B) Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and (2) Required to take annual leave to attend the deposition, hearing, or appear in court only if the matter is outside of the employee's scope of state employment and the employee is serving as a paid expert witness or is a party to the matter. (c) (1) If a law enforcement officer is subpoenaed to appear at a time when the law enforcement officer is not scheduled for regular duty: (A) This section shall not apply; and (B) The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer. (2) As used in this section, "law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make arrests for offenses. Acts 1975, No. 567, § 8; A.S.A. 1947, § 12-2371; Acts 2003, No. 835, § 4; 2005, No. 1845, § 3.

(a) An employee serving as a juror in state or federal court shall be entitled to full compensation in addition to any fees paid for such services, and such services or necessary appearances in any court shall not be counted as annual leave.

(b) If an employee is subpoenaed as a witness to give a deposition or testimony in state or federal court, at a hearing, or before any body with power to issue a subpoena, the employee is: (1) Entitled to his or her salary if the employee is a witness in a matter: (A) Within the employee's scope of state employment; or (B) Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and (2) Required to take annual leave to attend the deposition, hearing, or appear in court only if the matter is outside of the employee's scope of state employment and the employee is serving as a paid expert witness or is a party to the matter.

(1) Entitled to his or her salary if the employee is a witness in a matter: (A) Within the employee's scope of state employment; or (B) Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and

(A) Within the employee's scope of state employment; or

(B) Outside the employee's scope of state employment and the employee is not serving as a paid expert witness or is not a party to the matter; and

(2) Required to take annual leave to attend the deposition, hearing, or appear in court only if the matter is outside of the employee's scope of state employment and the employee is serving as a paid expert witness or is a party to the matter.

(c) (1) If a law enforcement officer is subpoenaed to appear at a time when the law enforcement officer is not scheduled for regular duty: (A) This section shall not apply; and (B) The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer. (2) As used in this section, "law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make arrests for offenses.

(1) If a law enforcement officer is subpoenaed to appear at a time when the law enforcement officer is not scheduled for regular duty: (A) This section shall not apply; and (B) The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer.

(A) This section shall not apply; and

(B) The law enforcement officer shall be entitled to retain witness and mileage fees tendered to the law enforcement officer.

(2) As used in this section, "law enforcement officer" means any public servant vested by law with a duty to maintain public order or to make arrests for offenses.

Acts 1975, No. 567, § 8; A.S.A. 1947, § 12-2371; Acts 2003, No. 835, § 4; 2005, No. 1845, § 3.
Ark. Code Ann. § 21-4-217 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-217
[Repealed]
Status: repealed

Repealed by Act 2017, No. 182,§ 5, eff. 2/16/2017. Amended by Act 2017, No. 707,§ 68, eff. 8/1/2017. Amended by Act 2015, No. 389,§ 2, eff. 7/22/2015. Added by Act 2013, No. 997,§ 3, eff. 8/16/2013.

Repealed by Act 2017, No. 182,§ 5, eff. 2/16/2017.

Amended by Act 2017, No. 707,§ 68, eff. 8/1/2017.

Amended by Act 2015, No. 389,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 997,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 21-14-110 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-110
Admissibility of acknowledged instruments
Status: in_force

All declarations and protests made and acknowledgments taken by a notary public and certified copies of the notary public's records and official papers shall be received as evidence of the facts therein stated in all the courts of this state. Rev. Stat., ch. 104, § 8; C. & M. Dig., § 7977; Pope's Dig., § 10370; A.S.A. 1947, § 12-1409.

All declarations and protests made and acknowledgments taken by a notary public and certified copies of the notary public's records and official papers shall be received as evidence of the facts therein stated in all the courts of this state.

Rev. Stat., ch. 104, § 8; C. & M. Dig., § 7977; Pope's Dig., § 10370; A.S.A. 1947, § 12-1409.
Ark. Code Ann. § 21-7-401 — AR Code / Title 21 / Chapter 7 / Subchapter 4 / Section 21-7-401
Biennial reports of Treasurer of State and Department of Finance and Administration
Status: in_force

(a) (1) The only biennial reports which shall be printed and distributed shall be the biennial reports of the Treasurer of State and the Department of Finance and Administration. (2) These reports shall be distributed to the constitutional officers of the state, and upon request, to members of the General Assembly. (3) Copies shall be available for distribution to the general public upon written request. (b) In addition to the financial statements and tables required to be published in the report, the department shall be required to summarize briefly all of the financial affairs of each state-supported institution or department and to publish the summaries in its biennial report to the constitutional officers of the state. Acts 1943, No. 204, § 2; 1981, No. 241, § 1; A.S.A. 1947, § 12-1907.

(a) (1) The only biennial reports which shall be printed and distributed shall be the biennial reports of the Treasurer of State and the Department of Finance and Administration. (2) These reports shall be distributed to the constitutional officers of the state, and upon request, to members of the General Assembly. (3) Copies shall be available for distribution to the general public upon written request.

(1) The only biennial reports which shall be printed and distributed shall be the biennial reports of the Treasurer of State and the Department of Finance and Administration.

(2) These reports shall be distributed to the constitutional officers of the state, and upon request, to members of the General Assembly.

(3) Copies shall be available for distribution to the general public upon written request.

(b) In addition to the financial statements and tables required to be published in the report, the department shall be required to summarize briefly all of the financial affairs of each state-supported institution or department and to publish the summaries in its biennial report to the constitutional officers of the state.

Acts 1943, No. 204, § 2; 1981, No. 241, § 1; A.S.A. 1947, § 12-1907.
Ark. Code Ann. § 21-7-210 — AR Code / Title 21 / Chapter 7 / Subchapter 2 / Section 21-7-210
Records kept by officers
Status: in_force

(a) (1) It shall be the duty of the Secretary of State, the Auditor of State, the Treasurer of State, and the Commissioner of State Lands, and of each officer of any county, city, town, or village receiving fees or emoluments of office to keep a record book in which shall be entered on each day an account of all moneys or other funds received by him or her in payment of fees or by way of emolument pertaining to his or her office. (2) The record shall show in each instance by whom, on what account, and in what funds such payment was made. (b) (1) The record book of fees of each of the state officers, as set forth in subsection (a) of this section, shall be open at all times to the inspection of the Governor and other state officers. (2) The record book of each of the county officers proper shall be open at all times to the inspection of the judges of the circuit and county courts of the county. (3) The record book of justices of the peace and constables shall be open at all times to the inspection of the judge of the county court of the county. (4) The record book of each officer of any city, town, or village shall be open at all times to the inspection of the mayor or other chief officer of such city, town, or village. Acts 1875, No. 47, §§ 1, 4, p. 124; C. & M. Dig., §§ 4633, 4636; Pope's Dig., §§ 5722, 5725; A.S.A. 1947, §§ 12-1801, 12-1804.

(a) (1) It shall be the duty of the Secretary of State, the Auditor of State, the Treasurer of State, and the Commissioner of State Lands, and of each officer of any county, city, town, or village receiving fees or emoluments of office to keep a record book in which shall be entered on each day an account of all moneys or other funds received by him or her in payment of fees or by way of emolument pertaining to his or her office. (2) The record shall show in each instance by whom, on what account, and in what funds such payment was made.

(1) It shall be the duty of the Secretary of State, the Auditor of State, the Treasurer of State, and the Commissioner of State Lands, and of each officer of any county, city, town, or village receiving fees or emoluments of office to keep a record book in which shall be entered on each day an account of all moneys or other funds received by him or her in payment of fees or by way of emolument pertaining to his or her office.

(2) The record shall show in each instance by whom, on what account, and in what funds such payment was made.

(b) (1) The record book of fees of each of the state officers, as set forth in subsection (a) of this section, shall be open at all times to the inspection of the Governor and other state officers. (2) The record book of each of the county officers proper shall be open at all times to the inspection of the judges of the circuit and county courts of the county. (3) The record book of justices of the peace and constables shall be open at all times to the inspection of the judge of the county court of the county. (4) The record book of each officer of any city, town, or village shall be open at all times to the inspection of the mayor or other chief officer of such city, town, or village.

(1) The record book of fees of each of the state officers, as set forth in subsection (a) of this section, shall be open at all times to the inspection of the Governor and other state officers.

(2) The record book of each of the county officers proper shall be open at all times to the inspection of the judges of the circuit and county courts of the county.

(3) The record book of justices of the peace and constables shall be open at all times to the inspection of the judge of the county court of the county.

(4) The record book of each officer of any city, town, or village shall be open at all times to the inspection of the mayor or other chief officer of such city, town, or village.

Acts 1875, No. 47, §§ 1, 4, p. 124; C. & M. Dig., §§ 4633, 4636; Pope's Dig., §§ 5722, 5725; A.S.A. 1947, §§ 12-1801, 12-1804.
Ark. Code Ann. § 21-8-403 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-403
Penalty
Status: in_force

(a) Upon conviction, any person who violates any provision of this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., or § 21-8-801 et seq. is guilty of a Class A misdemeanor. (b) The culpable mental state required shall be a purposeful violation. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; Acts 2007, No. 827, § 178.

(a) Upon conviction, any person who violates any provision of this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., or § 21-8-801 et seq. is guilty of a Class A misdemeanor.

(b) The culpable mental state required shall be a purposeful violation.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; Acts 2007, No. 827, § 178.
Ark. Code Ann. § 21-12-302 — AR Code / Title 21 / Chapter 12 / Subchapter 3 / Section 21-12-302
Removal for conviction of certain offenses
Status: in_force

(a) Upon conviction of a county elective, county quorum court district, or township officer for an offense involving incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office: (1) The circuit court shall remove the officer from office; and (2) The circuit clerk shall transmit a certified copy of the judgment of the circuit court and the information, presentment, or indictment to the Governor, county judge, and county clerk. (b) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs. Amended by Act 2021, No. 255,§ 4, eff. 7/28/2021. Acts 1877, No. 63, § 2, p. 64; C. & M. Dig., § 10336; Pope's Dig., § 14336; Acts 1963, No. 83, § 2; A.S.A. 1947, § 12-2102.

(a) Upon conviction of a county elective, county quorum court district, or township officer for an offense involving incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office: (1) The circuit court shall remove the officer from office; and (2) The circuit clerk shall transmit a certified copy of the judgment of the circuit court and the information, presentment, or indictment to the Governor, county judge, and county clerk.

(1) The circuit court shall remove the officer from office; and

(2) The circuit clerk shall transmit a certified copy of the judgment of the circuit court and the information, presentment, or indictment to the Governor, county judge, and county clerk.

(b) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs.

Amended by Act 2021, No. 255,§ 4, eff. 7/28/2021.

Acts 1877, No. 63, § 2, p. 64; C. & M. Dig., § 10336; Pope's Dig., § 14336; Acts 1963, No. 83, § 2; A.S.A. 1947, § 12-2102.
Ark. Code Ann. § 21-6-415 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-415
County court clerks - Uniform filing fees
Status: in_force

(a) The uniform filing fees to be charged by the clerks of the county court for initiating a cause of action in the county court shall be thirty dollars ($30.00), and no portion of the filing fee shall be refunded. (b) No county shall authorize, and no county court clerk shall assess or collect, any other filing fees other than those authorized unless specifically provided by state law. (c) The provisions of § 21-6-413(e) shall apply to filing fees collected under this section. Acts 2003, No. 1185, § 260; 2003, No. 1765, § 29.

(a) The uniform filing fees to be charged by the clerks of the county court for initiating a cause of action in the county court shall be thirty dollars ($30.00), and no portion of the filing fee shall be refunded.

(b) No county shall authorize, and no county court clerk shall assess or collect, any other filing fees other than those authorized unless specifically provided by state law.

(c) The provisions of § 21-6-413(e) shall apply to filing fees collected under this section.

Acts 2003, No. 1185, § 260; 2003, No. 1765, § 29.
Ark. Code Ann. § 21-5-108 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-108
Salary distributions
Status: in_force

The annual salaries of court reporters and case coordinators shall be paid in twenty-four (24) equal semimonthly installments. Acts 2001, No. 1295, § 1.

The annual salaries of court reporters and case coordinators shall be paid in twenty-four (24) equal semimonthly installments.

Acts 2001, No. 1295, § 1.
Ark. Code Ann. § 21-5-604 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-604
Workfare participants excluded
Status: in_force

(a) A workfare participant by participating in workfare does not enter into any employment contract, expressed or implied, with the State of Arkansas or its several political subdivisions. Participation in the project is for the purpose of retaining food stamp benefits and not for employment with the State of Arkansas or its political subdivisions. (b) The relationship of a workfare participant to the State of Arkansas or to any of its political subdivisions shall not be deemed to be an employer-employee relationship. (c) Workfare participants shall not be considered public employees covered by the state workers' compensation funds and therefore are excluded from workers' compensation coverage under this subchapter. Acts 1981, No. 916, §§ 1-3; A.S.A. 1947, §§ 12-3609 -- 12-3611.

(a) A workfare participant by participating in workfare does not enter into any employment contract, expressed or implied, with the State of Arkansas or its several political subdivisions. Participation in the project is for the purpose of retaining food stamp benefits and not for employment with the State of Arkansas or its political subdivisions.

(b) The relationship of a workfare participant to the State of Arkansas or to any of its political subdivisions shall not be deemed to be an employer-employee relationship.

(c) Workfare participants shall not be considered public employees covered by the state workers' compensation funds and therefore are excluded from workers' compensation coverage under this subchapter.

Acts 1981, No. 916, §§ 1-3; A.S.A. 1947, §§ 12-3609 -- 12-3611.
Ark. Code Ann. § 21-12-204 — AR Code / Title 21 / Chapter 12 / Subchapter 2 / Section 21-12-204
Attendance of witnesses
Status: in_force

(a) The Senate shall have power of coercing the attendance of witnesses and of compelling them to testify and of coercing the production of books and papers, by fine and imprisonment to such extent as shall be necessary. (b) (1) The Secretary of the Senate, at the request of the chair of the committee prosecuting the impeachment, or of the accused, shall issue process for summoning witnesses and for producing books and papers. (2) In case of disobedience of the process, the Senate shall order the clerk to issue process for arresting the witnesses and seizing the books and papers, which process may be executed by the peace officers of the counties or by officers especially appointed for that purpose by the Senate. (c) Witnesses shall have the same compensation for travel and attendance, and the same exemption in going, remaining, and returning, as witnesses in the circuit courts. (d) Officers executing the process and orders of the Senate shall have like fees for their services. Crim. Code, §§ 394-396; C. & M. Dig., §§ 5612-5617; Pope's Dig., §§ 7257-7262; A.S.A. 1947, §§ 12-2210 -- 12-2212.

(a) The Senate shall have power of coercing the attendance of witnesses and of compelling them to testify and of coercing the production of books and papers, by fine and imprisonment to such extent as shall be necessary.

(b) (1) The Secretary of the Senate, at the request of the chair of the committee prosecuting the impeachment, or of the accused, shall issue process for summoning witnesses and for producing books and papers. (2) In case of disobedience of the process, the Senate shall order the clerk to issue process for arresting the witnesses and seizing the books and papers, which process may be executed by the peace officers of the counties or by officers especially appointed for that purpose by the Senate.

(1) The Secretary of the Senate, at the request of the chair of the committee prosecuting the impeachment, or of the accused, shall issue process for summoning witnesses and for producing books and papers.

(2) In case of disobedience of the process, the Senate shall order the clerk to issue process for arresting the witnesses and seizing the books and papers, which process may be executed by the peace officers of the counties or by officers especially appointed for that purpose by the Senate.

(c) Witnesses shall have the same compensation for travel and attendance, and the same exemption in going, remaining, and returning, as witnesses in the circuit courts.

(d) Officers executing the process and orders of the Senate shall have like fees for their services.

Crim. Code, §§ 394-396; C. & M. Dig., §§ 5612-5617; Pope's Dig., §§ 7257-7262; A.S.A. 1947, §§ 12-2210 -- 12-2212.
Ark. Code Ann. § 21-14-312 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-312
Wrongful possession, concealment, or destruction of software or hardware - Criminal offense
Status: in_force

(a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense. (b) An offense under this section is a Class D felony. Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.

(a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense.

(b) An offense under this section is a Class D felony.

Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Ark. Code Ann. § 21-12-406 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-406
Failure to execute warrant - Recovery
Status: in_force

If an officer receives a warrant issued under § 21-12-403 and fails to execute or return the warrant, the officer shall be liable to the county in a civil action for an amount between one hundred dollars ($100) and five hundred dollars ($500). Rev. Stat., ch. 121, § 7; C. & M. Dig., § 8338; Pope's Dig., § 10934; A.S.A. 1947, § 12-2007; Acts 2005, No. 1994, § 473.

If an officer receives a warrant issued under § 21-12-403 and fails to execute or return the warrant, the officer shall be liable to the county in a civil action for an amount between one hundred dollars ($100) and five hundred dollars ($500).

Rev. Stat., ch. 121, § 7; C. & M. Dig., § 8338; Pope's Dig., § 10934; A.S.A. 1947, § 12-2007; Acts 2005, No. 1994, § 473.
Ark. Code Ann. § 21-3-303 — AR Code / Title 21 / Chapter 3 / Subchapter 3 / Section 21-3-303
Failure to hire veteran
Status: in_force

(a) If requested by the veteran applicant and in addition to the requirements under § 21-3-302(d) , a hiring official or selection authority for a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall submit in writing to the veteran the reason the veteran was not: (1) Included on a list of qualified candidates to be interviewed; and (2) Selected for the position. (b) The written reason provided under this section shall become a part of the employment application records of the state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903 , and be retained for the same period of time as all other employment applications as established by law or agency policy. Amended by Act 2013, No. 474,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 444,§ 3, eff. 8/16/2013. Acts 1947, No. 414, § 3; A.S.A. 1947, § 12-2320; Acts 2003, No. 653, § 1.

(a) If requested by the veteran applicant and in addition to the requirements under § 21-3-302(d) , a hiring official or selection authority for a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall submit in writing to the veteran the reason the veteran was not: (1) Included on a list of qualified candidates to be interviewed; and (2) Selected for the position.

(1) Included on a list of qualified candidates to be interviewed; and

(2) Selected for the position.

(b) The written reason provided under this section shall become a part of the employment application records of the state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903 , and be retained for the same period of time as all other employment applications as established by law or agency policy.

Amended by Act 2013, No. 474,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 444,§ 3, eff. 8/16/2013.

Acts 1947, No. 414, § 3; A.S.A. 1947, § 12-2320; Acts 2003, No. 653, § 1.
Ark. Code Ann. § 21-5-901 — AR Code / Title 21 / Chapter 5 / Subchapter 9 / Section 21-5-901
Definitions
Status: in_force

As used in this subchapter: (1) "Cafeteria plan" means a written fringe benefits plan which meets the requirements of the Internal Revenue Code; (2) "Eligible employee" means full-time employees of governmental entities; (3) "Governmental entities" means any agency of the state, any city, any county, any school district, or any other political subdivision of this state; (4) "Salary reduction agreement" means a written agreement between an eligible employee and a governmental entity whereby the employee agrees to reduce his or her salary by a stated amount or an amount equal to the employee's cost of benefits selected under a cafeteria plan; and (5) "Voluntary product" means any individual or group policy and other employee benefits that are wholly paid for by the employee, including without limitation those policies and benefits procured under § 6-17-1115 or provided by the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) . Amended by Act 2023, No. 533,§ 7, eff. 8/1/2023. Acts 1987, No. 810, § 1.

As used in this subchapter:

(1) "Cafeteria plan" means a written fringe benefits plan which meets the requirements of the Internal Revenue Code;

(2) "Eligible employee" means full-time employees of governmental entities;

(3) "Governmental entities" means any agency of the state, any city, any county, any school district, or any other political subdivision of this state;

(4) "Salary reduction agreement" means a written agreement between an eligible employee and a governmental entity whereby the employee agrees to reduce his or her salary by a stated amount or an amount equal to the employee's cost of benefits selected under a cafeteria plan; and

(5) "Voluntary product" means any individual or group policy and other employee benefits that are wholly paid for by the employee, including without limitation those policies and benefits procured under § 6-17-1115 or provided by the Arkansas State Employees Association, Inc., or a designee of the Arkansas State Employees Association, Inc., that develops and administers a cafeteria plan under § 21-5-904(d) .

Amended by Act 2023, No. 533,§ 7, eff. 8/1/2023.

Acts 1987, No. 810, § 1.
Ark. Code Ann. § 21-1-308 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-308
Formalities of taking office
Status: in_force

(a) At the time of their designation, emergency interim successors and special emergency judges shall take any oath which may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. (b) Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office. Acts 1961, No. 489, § 9; A.S.A. 1947, § 12-122.

(a) At the time of their designation, emergency interim successors and special emergency judges shall take any oath which may be required for them to exercise the powers and discharge the duties of the office to which they may succeed.

(b) Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.

Acts 1961, No. 489, § 9; A.S.A. 1947, § 12-122.
Ark. Code Ann. § 21-14-204 — AR Code / Title 21 / Chapter 14 / Subchapter 2 / Section 21-14-204
Duties of notary public
Status: in_force

A notary public shall have the same duties when affixing a notary certificate with the notary public's facsimile signature and facsimile seal on a commercial document as when signing a notary certificate with the notary public's manual signature and rubber or embossed seal, and nothing in this subchapter shall remove any duty or responsibility imposed on a notary public by law, except as specifically provided in this subchapter. Acts 1995, No. 200, § 1.

A notary public shall have the same duties when affixing a notary certificate with the notary public's facsimile signature and facsimile seal on a commercial document as when signing a notary certificate with the notary public's manual signature and rubber or embossed seal, and nothing in this subchapter shall remove any duty or responsibility imposed on a notary public by law, except as specifically provided in this subchapter.

Acts 1995, No. 200, § 1.
Ark. Code Ann. § 21-5-102 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-102
Automobile insurance expenses for employees of Department of Health
Status: in_force

(a) The Department of Health is authorized to pay from maintenance and operation appropriations of either state or federal funds, as reimbursement of actual costs to any regular and full-time employee of the Department of Health, the excess cost to the employee for insurance coverage needed because of employee use of a personal vehicle to transport, as a part of his or her regular duty, individuals, clients, or patients, who are not state employees and who participate in Department of Health programs at clinics, hospitals, doctors' offices, and other locations designated by the Department of Health. (b) Proof of actual excess cost must be furnished by the employee at the time of request for reimbursement and amount of reimbursement will not exceed the maximum amount as stated in the early periodic screening and diagnosis and treatment contract with the Department of Human Services. (c) All other costs to an employee for operating a personal vehicle on state business will be considered to be covered by the approved reimbursement rate per mile as prescribed in state travel rules promulgated by the Department of Finance and Administration. Amended by Act 2019, No. 315,§ 2321, eff. 7/24/2019. Acts 1981, No. 223, § 1; A.S.A. 1947, § 12-1605.1.

(a) The Department of Health is authorized to pay from maintenance and operation appropriations of either state or federal funds, as reimbursement of actual costs to any regular and full-time employee of the Department of Health, the excess cost to the employee for insurance coverage needed because of employee use of a personal vehicle to transport, as a part of his or her regular duty, individuals, clients, or patients, who are not state employees and who participate in Department of Health programs at clinics, hospitals, doctors' offices, and other locations designated by the Department of Health.

(b) Proof of actual excess cost must be furnished by the employee at the time of request for reimbursement and amount of reimbursement will not exceed the maximum amount as stated in the early periodic screening and diagnosis and treatment contract with the Department of Human Services.

(c) All other costs to an employee for operating a personal vehicle on state business will be considered to be covered by the approved reimbursement rate per mile as prescribed in state travel rules promulgated by the Department of Finance and Administration.

Amended by Act 2019, No. 315,§ 2321, eff. 7/24/2019.

Acts 1981, No. 223, § 1; A.S.A. 1947, § 12-1605.1.