Ark. Code Ann. § 21-4-107 — AR Code / Title 21 / Chapter 4 / Subchapter 1 / Section 21-4-107
Paid leave for firefighters with occupationally caused cancer
Status: in_force

(a) (1) A paid firefighter for the state or any political subdivision of the state who has completed five (5) or more years of employment as a paid firefighter shall be granted a minimum of one thousand four hundred fifty-six (1,456) hours of paid leave upon the initiation of treatment for an occupationally caused cancer. (2) Paid leave for occupationally caused cancer under subdivision (a)(1) of this section: (A) Does not reduce the accrued sick leave or annual vacation leave of the firefighter; (B) Does not impact any other employment benefit of the firefighter; and (C) May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2). (3) A firefighter is considered to have an occupationally caused cancer if the firefighter: (A) While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and (B) Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i) . (4) A firefighter is not entitled to paid leave under subdivision (a)(1) of this section if the firefighter's cancer: (A) (i) Did not result from the firefighter's employment with the state or political subdivision of the state. (ii) (a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or (B) Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer. (b) (1) (A) A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc. (B) A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019. (2) A fire department that participates in a network under subdivision (b)(1) of this section may provide a firefighter to a requesting fire department to relieve a firefighter granted leave under this section and employed by the requesting fire department, if: (A) The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation; (B) The firefighter provided by the fire department continues to be covered by all applicable laws; and (C) The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section. Added by Act 2019, No. 973,§ 1, eff. 7/24/2019.

(a) (1) A paid firefighter for the state or any political subdivision of the state who has completed five (5) or more years of employment as a paid firefighter shall be granted a minimum of one thousand four hundred fifty-six (1,456) hours of paid leave upon the initiation of treatment for an occupationally caused cancer. (2) Paid leave for occupationally caused cancer under subdivision (a)(1) of this section: (A) Does not reduce the accrued sick leave or annual vacation leave of the firefighter; (B) Does not impact any other employment benefit of the firefighter; and (C) May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2). (3) A firefighter is considered to have an occupationally caused cancer if the firefighter: (A) While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and (B) Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i) . (4) A firefighter is not entitled to paid leave under subdivision (a)(1) of this section if the firefighter's cancer: (A) (i) Did not result from the firefighter's employment with the state or political subdivision of the state. (ii) (a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or (B) Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer.

(1) A paid firefighter for the state or any political subdivision of the state who has completed five (5) or more years of employment as a paid firefighter shall be granted a minimum of one thousand four hundred fifty-six (1,456) hours of paid leave upon the initiation of treatment for an occupationally caused cancer.

(2) Paid leave for occupationally caused cancer under subdivision (a)(1) of this section: (A) Does not reduce the accrued sick leave or annual vacation leave of the firefighter; (B) Does not impact any other employment benefit of the firefighter; and (C) May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2).

(A) Does not reduce the accrued sick leave or annual vacation leave of the firefighter;

(B) Does not impact any other employment benefit of the firefighter; and

(C) May be transferred from a catastrophic leave bank of a fire department that provides a catastrophic leave program if the catastrophic leave program meets the requirements of this subdivision (a)(2).

(3) A firefighter is considered to have an occupationally caused cancer if the firefighter: (A) While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and (B) Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i) .

(A) While in the official line of duty, was exposed to a known carcinogen as determined by the Department of Health in consideration with the findings of the International Agency for Research on Cancer; and

(B) Has a disability or an impairment of health as a result of a diagnosis of a cancer listed in § 21-5-705(a)(3)(A)(i) .

(4) A firefighter is not entitled to paid leave under subdivision (a)(1) of this section if the firefighter's cancer: (A) (i) Did not result from the firefighter's employment with the state or political subdivision of the state. (ii) (a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or (B) Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer.

(A) (i) Did not result from the firefighter's employment with the state or political subdivision of the state. (ii) (a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or

(i) Did not result from the firefighter's employment with the state or political subdivision of the state.

(ii) (a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter. (b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or

(a) An occupationally caused cancer under this section is presumed to result from a firefighter's employment if at the time of employment the firefighter underwent a physical examination that did not reveal substantial evidence that the occupationally caused cancer existed before his or her employment as a firefighter.

(b) To rebut the presumption under subdivision (a)(4)(A)(ii) (a) of this section, the employer shall prove by a preponderance of the medical evidence that the occupationally caused cancer did not occur as a result of employment in the official line of duty; or

(B) Did result from the firefighter's employment with the state or political subdivision of the state, but workers' compensation is provided for the occupationally caused cancer.

(b) (1) (A) A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc. (B) A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019. (2) A fire department that participates in a network under subdivision (b)(1) of this section may provide a firefighter to a requesting fire department to relieve a firefighter granted leave under this section and employed by the requesting fire department, if: (A) The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation; (B) The firefighter provided by the fire department continues to be covered by all applicable laws; and (C) The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section.

(1) (A) A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc. (B) A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019.

(A) A fire department may participate in a firefighter cancer relief network created and governed by the Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association, Inc.

(B) A firefighter cancer relief network under subdivision (b)(1)(A) of this section shall be established by September 1, 2019.

(2) A fire department that participates in a network under subdivision (b)(1) of this section may provide a firefighter to a requesting fire department to relieve a firefighter granted leave under this section and employed by the requesting fire department, if: (A) The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation; (B) The firefighter provided by the fire department continues to be covered by all applicable laws; and (C) The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section.

(A) The fire department that provided the firefighter continues to pay the firefighter's regular rate of pay and benefits, including without limitation any overtime compensation;

(B) The firefighter provided by the fire department continues to be covered by all applicable laws; and

(C) The fire department that requested the firefighter provides evidence to the fire department that provided the firefighter of substantial adverse budgetary impact without relief as the result of granting paid leave under this section.

Added by Act 2019, No. 973,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 21-4-216 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-216
Leave for participation in children's educational activities - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Child" means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee: (i) Natural child; (ii) Adopted child; (iii) Stepchild; (iv) Foster child; (v) Grandchild; (vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or (vii) Any other legal capacity in which the employee is acting as a parent for the child. (B) "Child" includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and: (i) Has a developmental disability as defined in § 20-48-101 ; or (ii) Is declared legally incompetent; (2) (A) "Educational activity" means any school-sponsored activity. (B) "Educational activity" includes without limitation: (i) Attending a parent-teacher conference; (ii) Participating in school-sponsored tutoring of the child; (iii) Participating in a volunteer program sponsored by the school in which the child is enrolled; (iv) Attending a field trip with the child; (v) Attending a school-sponsored program or ceremony in which the child is participating; (vi) Attending a graduation or homecoming ceremony in which the child is participating; (vii) Attending an awards or scholarship presentation in which the child is participating; (viii) Attending a parents' or grandparents' breakfast in which the child is participating; (ix) Attending a classroom party in which the child is participating; (x) Attending a school committee meeting of the school in which the child is enrolled; (xi) Attending an academic competition in which the child is participating; (xii) Attending an athletic, music, or theater program in which the child is enrolled; and (xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program; (3) "Prekindergarten" means an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program; (4) "State agency" means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and (5) "State employee" means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education. (b) (1) All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of engaging in and traveling to or from the educational activities of a child. (2) Leave under subdivision (b)(1) of this section: (A) That is unused may not be carried over to the next calendar year; and (B) Is not compensable to the state employee at the time of retirement. Amended by Act 2015, No. 294,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 294,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 134,§ 1, eff. 8/16/2013. Acts 2007, No. 1028, § 2; 2011, No. 584, §§ 1, 2.

(a) As used in this section: (1) (A) "Child" means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee: (i) Natural child; (ii) Adopted child; (iii) Stepchild; (iv) Foster child; (v) Grandchild; (vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or (vii) Any other legal capacity in which the employee is acting as a parent for the child. (B) "Child" includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and: (i) Has a developmental disability as defined in § 20-48-101 ; or (ii) Is declared legally incompetent; (2) (A) "Educational activity" means any school-sponsored activity. (B) "Educational activity" includes without limitation: (i) Attending a parent-teacher conference; (ii) Participating in school-sponsored tutoring of the child; (iii) Participating in a volunteer program sponsored by the school in which the child is enrolled; (iv) Attending a field trip with the child; (v) Attending a school-sponsored program or ceremony in which the child is participating; (vi) Attending a graduation or homecoming ceremony in which the child is participating; (vii) Attending an awards or scholarship presentation in which the child is participating; (viii) Attending a parents' or grandparents' breakfast in which the child is participating; (ix) Attending a classroom party in which the child is participating; (x) Attending a school committee meeting of the school in which the child is enrolled; (xi) Attending an academic competition in which the child is participating; (xii) Attending an athletic, music, or theater program in which the child is enrolled; and (xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program; (3) "Prekindergarten" means an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program; (4) "State agency" means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and (5) "State employee" means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education.

(1) (A) "Child" means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee: (i) Natural child; (ii) Adopted child; (iii) Stepchild; (iv) Foster child; (v) Grandchild; (vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or (vii) Any other legal capacity in which the employee is acting as a parent for the child. (B) "Child" includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and: (i) Has a developmental disability as defined in § 20-48-101 ; or (ii) Is declared legally incompetent;

(A) "Child" means a person enrolled in an educational program for prekindergarten through grade twelve (preK-12) who is of the following relation to a state employee: (i) Natural child; (ii) Adopted child; (iii) Stepchild; (iv) Foster child; (v) Grandchild; (vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or (vii) Any other legal capacity in which the employee is acting as a parent for the child.

(i) Natural child;

(ii) Adopted child;

(iii) Stepchild;

(iv) Foster child;

(v) Grandchild;

(vi) Ward of the state employee by virtue of the state employee's having been appointed the person's legal guardian or custodian; or

(vii) Any other legal capacity in which the employee is acting as a parent for the child.

(B) "Child" includes a person who meets the criteria of subdivision (a)(1)(A) of this section but is over eighteen (18) years of age and: (i) Has a developmental disability as defined in § 20-48-101 ; or (ii) Is declared legally incompetent;

(i) Has a developmental disability as defined in § 20-48-101 ; or

(ii) Is declared legally incompetent;

(2) (A) "Educational activity" means any school-sponsored activity. (B) "Educational activity" includes without limitation: (i) Attending a parent-teacher conference; (ii) Participating in school-sponsored tutoring of the child; (iii) Participating in a volunteer program sponsored by the school in which the child is enrolled; (iv) Attending a field trip with the child; (v) Attending a school-sponsored program or ceremony in which the child is participating; (vi) Attending a graduation or homecoming ceremony in which the child is participating; (vii) Attending an awards or scholarship presentation in which the child is participating; (viii) Attending a parents' or grandparents' breakfast in which the child is participating; (ix) Attending a classroom party in which the child is participating; (x) Attending a school committee meeting of the school in which the child is enrolled; (xi) Attending an academic competition in which the child is participating; (xii) Attending an athletic, music, or theater program in which the child is enrolled; and (xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program;

(A) "Educational activity" means any school-sponsored activity.

(B) "Educational activity" includes without limitation: (i) Attending a parent-teacher conference; (ii) Participating in school-sponsored tutoring of the child; (iii) Participating in a volunteer program sponsored by the school in which the child is enrolled; (iv) Attending a field trip with the child; (v) Attending a school-sponsored program or ceremony in which the child is participating; (vi) Attending a graduation or homecoming ceremony in which the child is participating; (vii) Attending an awards or scholarship presentation in which the child is participating; (viii) Attending a parents' or grandparents' breakfast in which the child is participating; (ix) Attending a classroom party in which the child is participating; (x) Attending a school committee meeting of the school in which the child is enrolled; (xi) Attending an academic competition in which the child is participating; (xii) Attending an athletic, music, or theater program in which the child is enrolled; and (xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program;

(i) Attending a parent-teacher conference;

(ii) Participating in school-sponsored tutoring of the child;

(iii) Participating in a volunteer program sponsored by the school in which the child is enrolled;

(iv) Attending a field trip with the child;

(v) Attending a school-sponsored program or ceremony in which the child is participating;

(vi) Attending a graduation or homecoming ceremony in which the child is participating;

(vii) Attending an awards or scholarship presentation in which the child is participating;

(viii) Attending a parents' or grandparents' breakfast in which the child is participating;

(ix) Attending a classroom party in which the child is participating;

(x) Attending a school committee meeting of the school in which the child is enrolled;

(xi) Attending an academic competition in which the child is participating;

(xii) Attending an athletic, music, or theater program in which the child is enrolled; and

(xiii) Engaging in any of the activities listed in subdivisions (a)(2)(B)(i)-(xii) of this section that are connected with a prekindergarten program;

(3) "Prekindergarten" means an educational and child development program that is designed to prepare children who are at least three (3) years of age for an academic kindergarten program;

(4) "State agency" means an agency, a bureau, a board, or a commission of any branch of state government and all state-supported institutions of higher education; and

(5) "State employee" means a full-time employee of the State of Arkansas or any branch, department, board, bureau, commission, or state-supported institution of higher education.

(b) (1) All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of engaging in and traveling to or from the educational activities of a child. (2) Leave under subdivision (b)(1) of this section: (A) That is unused may not be carried over to the next calendar year; and (B) Is not compensable to the state employee at the time of retirement.

(1) All state employees shall be entitled to eight (8) hours of leave during any one (1) calendar year for the purpose of engaging in and traveling to or from the educational activities of a child.

(2) Leave under subdivision (b)(1) of this section: (A) That is unused may not be carried over to the next calendar year; and (B) Is not compensable to the state employee at the time of retirement.

(A) That is unused may not be carried over to the next calendar year; and

(B) Is not compensable to the state employee at the time of retirement.

Amended by Act 2015, No. 294,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 294,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 134,§ 1, eff. 8/16/2013.

Acts 2007, No. 1028, § 2; 2011, No. 584, §§ 1, 2.
Ark. Code Ann. § 21-8-601 — AR Code / Title 21 / Chapter 8 / Subchapter 6 / Section 21-8-601
Registration required - Exceptions - Termination
Status: in_force

(a) (1) A lobbyist shall register within five (5) days after beginning lobbying. Such registration shall be on forms provided by the Secretary of State containing the following information: (A) The name, address, and telephone number of the lobbyist; (B) The calendar year for which the lobbyist is registering; (C) The types of public servants being lobbied; (D) The name, address, and telephone number of the lobbyist's client or employer; (E) A description of the nature of the lobbyist's client or employer; and (F) Certification by the lobbyist that the information contained on the lobbyist registration form is true and correct. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, if there is a change of information during the registration period, a lobbyist shall file an amended registration form within ten (10) days of the change. (B) A lobbyist registered to lobby members of the General Assembly shall file an amended registration form within three (3) business days of a change of information that occurs during a regular or extraordinary session of the General Assembly. (3) A lobbyist shall not be required to register if he or she engages in no lobbying other than the following activities: (A) The publishing or broadcasting, by news media executives or their employees or agents, in the ordinary course of business, of news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action or administrative action; (B) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax-exempt organization under 26 U.S.C. § 501(c)(3) when lobbying solely for the purpose of protecting the rights of members or adherents to practice the religious doctrines of the church; (C) (i) Action in a person's official capacity as a public servant. (ii) However, a public servant shall be required to register as a lobbyist if he or she: (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues; (D) Drafting legislation; (E) Appearing in: (i) A judicial proceeding; (ii) A proceeding or hearing if the appearance is a matter of public record; or (iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (F) Assisting an executive agency, at the written request of the agency, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions; (G) Testifying as an individual at a public hearing in support of or in opposition to legislation or administrative action, testifying on behalf of a corporation, partnership, association, or other organization with which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or (H) Actions by contractors or employees of contractors while engaged in selling to a governmental body by demonstrating or describing commodities or services or inquiring as to specifications or terms and conditions of a particular purchase unless such contractor or its employees expend in excess of four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase commodities or services on behalf of a governmental body. (4) A person whose only act of lobbying is to compensate or reimburse a registered lobbyist in the person's behalf shall not be required to register as a lobbyist. (b) Upon the termination of a registered lobbyist's employment or designation as a lobbyist, the termination shall be conveyed by the registered lobbyist in writing to the public official with whom the lobbyist is registered. The written notice of termination shall: (1) State the registered lobbyist's name; (2) State the date the registered lobbyist's employment is terminated or his or her designation as a lobbyist terminated; and (3) Report any activity to be reported during the period in which the registration was in effect that has not already been reported. (c) Each registered lobbyist whose employment or designation as a lobbyist has not terminated shall reregister by January 15 of each year. Amended by Act 2019, No. 315,§ 2332, eff. 7/24/2019. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 2001, No. 1839, § 27; 2005, No. 1284, § 14.

(a) (1) A lobbyist shall register within five (5) days after beginning lobbying. Such registration shall be on forms provided by the Secretary of State containing the following information: (A) The name, address, and telephone number of the lobbyist; (B) The calendar year for which the lobbyist is registering; (C) The types of public servants being lobbied; (D) The name, address, and telephone number of the lobbyist's client or employer; (E) A description of the nature of the lobbyist's client or employer; and (F) Certification by the lobbyist that the information contained on the lobbyist registration form is true and correct. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, if there is a change of information during the registration period, a lobbyist shall file an amended registration form within ten (10) days of the change. (B) A lobbyist registered to lobby members of the General Assembly shall file an amended registration form within three (3) business days of a change of information that occurs during a regular or extraordinary session of the General Assembly. (3) A lobbyist shall not be required to register if he or she engages in no lobbying other than the following activities: (A) The publishing or broadcasting, by news media executives or their employees or agents, in the ordinary course of business, of news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action or administrative action; (B) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax-exempt organization under 26 U.S.C. § 501(c)(3) when lobbying solely for the purpose of protecting the rights of members or adherents to practice the religious doctrines of the church; (C) (i) Action in a person's official capacity as a public servant. (ii) However, a public servant shall be required to register as a lobbyist if he or she: (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues; (D) Drafting legislation; (E) Appearing in: (i) A judicial proceeding; (ii) A proceeding or hearing if the appearance is a matter of public record; or (iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (F) Assisting an executive agency, at the written request of the agency, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions; (G) Testifying as an individual at a public hearing in support of or in opposition to legislation or administrative action, testifying on behalf of a corporation, partnership, association, or other organization with which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or (H) Actions by contractors or employees of contractors while engaged in selling to a governmental body by demonstrating or describing commodities or services or inquiring as to specifications or terms and conditions of a particular purchase unless such contractor or its employees expend in excess of four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase commodities or services on behalf of a governmental body. (4) A person whose only act of lobbying is to compensate or reimburse a registered lobbyist in the person's behalf shall not be required to register as a lobbyist.

(1) A lobbyist shall register within five (5) days after beginning lobbying. Such registration shall be on forms provided by the Secretary of State containing the following information: (A) The name, address, and telephone number of the lobbyist; (B) The calendar year for which the lobbyist is registering; (C) The types of public servants being lobbied; (D) The name, address, and telephone number of the lobbyist's client or employer; (E) A description of the nature of the lobbyist's client or employer; and (F) Certification by the lobbyist that the information contained on the lobbyist registration form is true and correct.

(A) The name, address, and telephone number of the lobbyist;

(B) The calendar year for which the lobbyist is registering;

(C) The types of public servants being lobbied;

(D) The name, address, and telephone number of the lobbyist's client or employer;

(E) A description of the nature of the lobbyist's client or employer; and

(F) Certification by the lobbyist that the information contained on the lobbyist registration form is true and correct.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, if there is a change of information during the registration period, a lobbyist shall file an amended registration form within ten (10) days of the change. (B) A lobbyist registered to lobby members of the General Assembly shall file an amended registration form within three (3) business days of a change of information that occurs during a regular or extraordinary session of the General Assembly.

(A) Except as provided in subdivision (a)(2)(B) of this section, if there is a change of information during the registration period, a lobbyist shall file an amended registration form within ten (10) days of the change.

(B) A lobbyist registered to lobby members of the General Assembly shall file an amended registration form within three (3) business days of a change of information that occurs during a regular or extraordinary session of the General Assembly.

(3) A lobbyist shall not be required to register if he or she engages in no lobbying other than the following activities: (A) The publishing or broadcasting, by news media executives or their employees or agents, in the ordinary course of business, of news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action or administrative action; (B) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax-exempt organization under 26 U.S.C. § 501(c)(3) when lobbying solely for the purpose of protecting the rights of members or adherents to practice the religious doctrines of the church; (C) (i) Action in a person's official capacity as a public servant. (ii) However, a public servant shall be required to register as a lobbyist if he or she: (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues; (D) Drafting legislation; (E) Appearing in: (i) A judicial proceeding; (ii) A proceeding or hearing if the appearance is a matter of public record; or (iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (F) Assisting an executive agency, at the written request of the agency, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions; (G) Testifying as an individual at a public hearing in support of or in opposition to legislation or administrative action, testifying on behalf of a corporation, partnership, association, or other organization with which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or (H) Actions by contractors or employees of contractors while engaged in selling to a governmental body by demonstrating or describing commodities or services or inquiring as to specifications or terms and conditions of a particular purchase unless such contractor or its employees expend in excess of four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase commodities or services on behalf of a governmental body.

(A) The publishing or broadcasting, by news media executives or their employees or agents, in the ordinary course of business, of news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action or administrative action;

(B) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax-exempt organization under 26 U.S.C. § 501(c)(3) when lobbying solely for the purpose of protecting the rights of members or adherents to practice the religious doctrines of the church;

(C) (i) Action in a person's official capacity as a public servant. (ii) However, a public servant shall be required to register as a lobbyist if he or she: (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues;

(i) Action in a person's official capacity as a public servant.

(ii) However, a public servant shall be required to register as a lobbyist if he or she: (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues;

(a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or

(b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues;

(D) Drafting legislation;

(E) Appearing in: (i) A judicial proceeding; (ii) A proceeding or hearing if the appearance is a matter of public record; or (iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(i) A judicial proceeding;

(ii) A proceeding or hearing if the appearance is a matter of public record; or

(iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(F) Assisting an executive agency, at the written request of the agency, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions;

(G) Testifying as an individual at a public hearing in support of or in opposition to legislation or administrative action, testifying on behalf of a corporation, partnership, association, or other organization with which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or

(H) Actions by contractors or employees of contractors while engaged in selling to a governmental body by demonstrating or describing commodities or services or inquiring as to specifications or terms and conditions of a particular purchase unless such contractor or its employees expend in excess of four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase commodities or services on behalf of a governmental body.

(4) A person whose only act of lobbying is to compensate or reimburse a registered lobbyist in the person's behalf shall not be required to register as a lobbyist.

(b) Upon the termination of a registered lobbyist's employment or designation as a lobbyist, the termination shall be conveyed by the registered lobbyist in writing to the public official with whom the lobbyist is registered. The written notice of termination shall: (1) State the registered lobbyist's name; (2) State the date the registered lobbyist's employment is terminated or his or her designation as a lobbyist terminated; and (3) Report any activity to be reported during the period in which the registration was in effect that has not already been reported.

(1) State the registered lobbyist's name;

(2) State the date the registered lobbyist's employment is terminated or his or her designation as a lobbyist terminated; and

(3) Report any activity to be reported during the period in which the registration was in effect that has not already been reported.

(c) Each registered lobbyist whose employment or designation as a lobbyist has not terminated shall reregister by January 15 of each year.

Amended by Act 2019, No. 315,§ 2332, eff. 7/24/2019.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 2001, No. 1839, § 27; 2005, No. 1284, § 14.
Ark. Code Ann. § 21-10-106 — AR Code / Title 21 / Chapter 10 / Section 21-10-106
Title
Status: in_force

This chapter may be cited as the "Uniform Facsimile Signature of Public Officials Act." Acts 1959, No. 69, § 6; A.S.A. 1947, § 12-2606.

This chapter may be cited as the "Uniform Facsimile Signature of Public Officials Act."

Acts 1959, No. 69, § 6; A.S.A. 1947, § 12-2606.
Ark. Code Ann. § 21-4-102 — AR Code / Title 21 / Chapter 4 / Subchapter 1 / Section 21-4-102
Leave of absence for certain training programs
Status: in_force

(a) (1) All employees of the state, as defined in § 21-4-203 , or of any of its political subdivisions, who desire to take a leave of absence for the purpose of participating in the military training programs made available by the National Guard or any of the reserve and auxiliary branches of the United States Armed Forces and all state employees who are members of the United States Public Health Service Ready Reserve Corps who desire to take a leave of absence for the purpose of participating in the civil defense and public health training programs made available by the United States Public Health Service shall be entitled to such a leave of absence for a period of fifteen (15) days plus necessary travel time for annual training requirements or other duties performed in an official duty status in any one (1) calendar year. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of the calendar year. (b) (1) Whenever any employee is granted a leave of absence under the provisions of this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence. (2) The leave of absence shall be in addition to the regular vacation time allowed to the employee. (c) (1) Employees called to duty in emergency situations by the Governor or by the President of the United States shall be granted leave with pay not to exceed thirty (30) working days, after which leave without pay will be granted. This leave shall be granted in addition to all other leave the employee shall be entitled to. (2) "Emergency situations" shall have the same meaning as in § 21-4-212 . (d) (1) During a leave of absence, the employee shall be entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which they have become entitled. (2) The period of military service shall, for purposes of computations to determine whether such person may be entitled to retirement benefits, be deemed continuous service, and the employee shall not be required to make contributions to any retirement fund. (3) The state or political subdivision shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained. (e) Whenever any employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under the provisions of this section, the military leave will accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of military leave days available in any one (1) calendar year or fiscal year to be thirty (30) days. Amended by Act 2017, No. 529,§ 1, eff. 8/1/2017. Acts 1949, No. 465, § 1; 1957, No. 246, § 1; A.S.A. 1947, § 12-2332; Acts 1991, No. 673, § 2; 1991, No. 956, § 1.

(a) (1) All employees of the state, as defined in § 21-4-203 , or of any of its political subdivisions, who desire to take a leave of absence for the purpose of participating in the military training programs made available by the National Guard or any of the reserve and auxiliary branches of the United States Armed Forces and all state employees who are members of the United States Public Health Service Ready Reserve Corps who desire to take a leave of absence for the purpose of participating in the civil defense and public health training programs made available by the United States Public Health Service shall be entitled to such a leave of absence for a period of fifteen (15) days plus necessary travel time for annual training requirements or other duties performed in an official duty status in any one (1) calendar year. (2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of the calendar year.

(1) All employees of the state, as defined in § 21-4-203 , or of any of its political subdivisions, who desire to take a leave of absence for the purpose of participating in the military training programs made available by the National Guard or any of the reserve and auxiliary branches of the United States Armed Forces and all state employees who are members of the United States Public Health Service Ready Reserve Corps who desire to take a leave of absence for the purpose of participating in the civil defense and public health training programs made available by the United States Public Health Service shall be entitled to such a leave of absence for a period of fifteen (15) days plus necessary travel time for annual training requirements or other duties performed in an official duty status in any one (1) calendar year.

(2) To the extent this leave is not used in a calendar year, it will accumulate for use in the succeeding calendar year until it totals fifteen (15) days at the beginning of the calendar year.

(b) (1) Whenever any employee is granted a leave of absence under the provisions of this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence. (2) The leave of absence shall be in addition to the regular vacation time allowed to the employee.

(1) Whenever any employee is granted a leave of absence under the provisions of this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence.

(2) The leave of absence shall be in addition to the regular vacation time allowed to the employee.

(c) (1) Employees called to duty in emergency situations by the Governor or by the President of the United States shall be granted leave with pay not to exceed thirty (30) working days, after which leave without pay will be granted. This leave shall be granted in addition to all other leave the employee shall be entitled to. (2) "Emergency situations" shall have the same meaning as in § 21-4-212 .

(1) Employees called to duty in emergency situations by the Governor or by the President of the United States shall be granted leave with pay not to exceed thirty (30) working days, after which leave without pay will be granted. This leave shall be granted in addition to all other leave the employee shall be entitled to.

(2) "Emergency situations" shall have the same meaning as in § 21-4-212 .

(d) (1) During a leave of absence, the employee shall be entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which they have become entitled. (2) The period of military service shall, for purposes of computations to determine whether such person may be entitled to retirement benefits, be deemed continuous service, and the employee shall not be required to make contributions to any retirement fund. (3) The state or political subdivision shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

(1) During a leave of absence, the employee shall be entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which they have become entitled.

(2) The period of military service shall, for purposes of computations to determine whether such person may be entitled to retirement benefits, be deemed continuous service, and the employee shall not be required to make contributions to any retirement fund.

(3) The state or political subdivision shall continue to contribute its portion of any life or disability insurance premiums during the leave of absence on behalf of the employee, if requested, so that continuous coverage may be maintained.

(e) Whenever any employee of a political subdivision is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under the provisions of this section, the military leave will accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of military leave days available in any one (1) calendar year or fiscal year to be thirty (30) days.

Amended by Act 2017, No. 529,§ 1, eff. 8/1/2017.

Acts 1949, No. 465, § 1; 1957, No. 246, § 1; A.S.A. 1947, § 12-2332; Acts 1991, No. 673, § 2; 1991, No. 956, § 1.
Ark. Code Ann. § 21-3-301 — AR Code / Title 21 / Chapter 3 / Subchapter 3 / Section 21-3-301
Uniform Classification and Compensation Act rules
Status: in_force

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall include rules under this subchapter. Amended by Act 2019, No. 315,§ 2317, eff. 7/24/2019. Acts 1947, No. 414, § 1; A.S.A. 1947, § 12-2318; Acts 2003, No. 653, § 1.

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall include rules under this subchapter.

Amended by Act 2019, No. 315,§ 2317, eff. 7/24/2019.

Acts 1947, No. 414, § 1; A.S.A. 1947, § 12-2318; Acts 2003, No. 653, § 1.
Ark. Code Ann. § 21-6-305 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-305
Collector of revenue
Status: in_force

(a) The collector of revenue shall be allowed commissions for collecting the revenue and for certifying the amount of real property tax reduction to the Chief Fiscal Officer of the State pursuant to § 26-26-310 , as follows: (1) For the first ten thousand dollars ($10,000) collected, five percent (5%) in kind; (2) For all sums over ten thousand dollars ($10,000) and under twenty thousand dollars ($20,000) collected, four and one-half percent (4.5%) in kind; (3) For all sums over twenty thousand dollars ($20,000) collected, four percent (4%) in kind; and (4) For the amount of real property tax reduction certified to the Chief Fiscal Officer of the State, four percent (4%) in kind. (b) All commissions allowed to the collector by this section or any other law shall be paid into the county treasury as general revenues. (c) (1) Commissions received by the county collector shall be used by the county collector to offset administrative costs. (2) (A) The county collector may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county collector's automation fund: (i) To operate the office of the county collector; (ii) For administrative costs; and (iii) To purchase, maintain, and operate an automated record-keeping system. (B) The acquisition and update of software for the automated accounting and record-keeping system shall be a permitted use of these funds. (3) Moneys deposited into this fund may accumulate and shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county collector. (d) All moneys not used by the county collector to offset administrative costs or set aside into the county collector's automation fund shall be prorated to the appropriate taxing entities. Acts 1883, No. 114, § 120 (last par.), p. 199; C. & M. Dig., § 10071; Pope's Dig., § 13832; Acts 1941, No. 120, § 1; 1943, No. 31, § 1; 1949, No. 348, §§ 1, 2; 1951, No. 105, § 1; A.S.A. 1947, §§ 12-1726, 12-1726n; Acts 2001, No. 1215, § 1; 2001, No. 1275, § 1; 2003, No. 847, § 1.

(a) The collector of revenue shall be allowed commissions for collecting the revenue and for certifying the amount of real property tax reduction to the Chief Fiscal Officer of the State pursuant to § 26-26-310 , as follows: (1) For the first ten thousand dollars ($10,000) collected, five percent (5%) in kind; (2) For all sums over ten thousand dollars ($10,000) and under twenty thousand dollars ($20,000) collected, four and one-half percent (4.5%) in kind; (3) For all sums over twenty thousand dollars ($20,000) collected, four percent (4%) in kind; and (4) For the amount of real property tax reduction certified to the Chief Fiscal Officer of the State, four percent (4%) in kind.

(1) For the first ten thousand dollars ($10,000) collected, five percent (5%) in kind;

(2) For all sums over ten thousand dollars ($10,000) and under twenty thousand dollars ($20,000) collected, four and one-half percent (4.5%) in kind;

(3) For all sums over twenty thousand dollars ($20,000) collected, four percent (4%) in kind; and

(4) For the amount of real property tax reduction certified to the Chief Fiscal Officer of the State, four percent (4%) in kind.

(b) All commissions allowed to the collector by this section or any other law shall be paid into the county treasury as general revenues.

(c) (1) Commissions received by the county collector shall be used by the county collector to offset administrative costs. (2) (A) The county collector may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county collector's automation fund: (i) To operate the office of the county collector; (ii) For administrative costs; and (iii) To purchase, maintain, and operate an automated record-keeping system. (B) The acquisition and update of software for the automated accounting and record-keeping system shall be a permitted use of these funds. (3) Moneys deposited into this fund may accumulate and shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county collector.

(1) Commissions received by the county collector shall be used by the county collector to offset administrative costs.

(2) (A) The county collector may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county collector's automation fund: (i) To operate the office of the county collector; (ii) For administrative costs; and (iii) To purchase, maintain, and operate an automated record-keeping system. (B) The acquisition and update of software for the automated accounting and record-keeping system shall be a permitted use of these funds.

(A) The county collector may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county collector's automation fund: (i) To operate the office of the county collector; (ii) For administrative costs; and (iii) To purchase, maintain, and operate an automated record-keeping system.

(i) To operate the office of the county collector;

(ii) For administrative costs; and

(iii) To purchase, maintain, and operate an automated record-keeping system.

(B) The acquisition and update of software for the automated accounting and record-keeping system shall be a permitted use of these funds.

(3) Moneys deposited into this fund may accumulate and shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county collector.

(d) All moneys not used by the county collector to offset administrative costs or set aside into the county collector's automation fund shall be prorated to the appropriate taxing entities.

Acts 1883, No. 114, § 120 (last par.), p. 199; C. & M. Dig., § 10071; Pope's Dig., § 13832; Acts 1941, No. 120, § 1; 1943, No. 31, § 1; 1949, No. 348, §§ 1, 2; 1951, No. 105, § 1; A.S.A. 1947, §§ 12-1726, 12-1726n; Acts 2001, No. 1215, § 1; 2001, No. 1275, § 1; 2003, No. 847, § 1.
Ark. Code Ann. § 21-5-214 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-214
New appointments and other compensation plan provisions
Status: in_force

(a) A new appointment to a position in a state agency covered by this subchapter shall be paid at the entry pay level for the grade assigned to the classification unless otherwise authorized by law. (b) Special rates of pay may be established for either classifications or positions for the following reasons: (1) Prevailing labor market conditions; (2) An extraordinarily well-qualified candidate; (3) The need to retain trained, competent employees; (4) An employee assigned additional duties as a result of the elimination of a position by a state agency; or (5) To meet the requirements of state or federal laws. (c) (1) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Secretary of the Department of Transformation and Shared Services. (2) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the secretary after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) The Office of Personnel Management shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay. (4) The office shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval. (d) (1) A special rate of pay may be established for an exceptionally well-qualified applicant whose educational background or experience qualifies the applicant to perform the job with little or substantially less orientation and training than would be required for another qualified applicant. (2) (A) An agency director may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the entry pay level for the grade assigned to the classification and shall report all actions under the office's procedures. (B) The office may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to forty percent (40%) above the entry pay level for the grade assigned to the classification. (C) The office may approve a special rate of pay pursuant to subdivision (d)(1) of this section above forty percent (40%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) The office shall file a report of special rates of pay established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval. (e) (1) An agency director may approve special rates of pay to retain a trained, competent employee or due to the assignment of additional duties as a result of the elimination of positions by the state agency, subject to the following: (A) The assignment of additional duties shall be permanent and beyond the scope of work currently being performed by the employee; (B) The same employee may not receive a special rate of pay pursuant to this subdivision (e)(1) more than one (1) time during a biennium; (C) An increase for an agency director pursuant to this subdivision (e)(1) shall be initiated and approved by the Governor; and (D) All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the state agency to the office, and increases above ten percent (10%) shall be approved by the office. (2) The office shall file a report of all salary increases established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval for review. (f) (1) (A) An employee who is promoted shall receive a salary increase up to ten percent (10%). (B) However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification. (2) An employee who upon promotion is receiving a rate of pay below the entry pay level established for the new grade shall be adjusted to the entry pay level for that grade. (3) An employee who returns to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification is eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower-graded classification. (g) (1) (A) (i) Upon demotion, an employee's pay shall be decreased by ten percent (10%). (ii) A state agency shall submit a request and receive prior approval from the office to decrease an employee's pay less than ten percent (10%). (iii) An employee may voluntarily accept a lower rate of pay that exceeds a decrease of ten percent (10%). (B) However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification. (2) If the employee's salary falls below the lowest entry pay level of the new grade upon demotion, his or her salary shall be adjusted to the entry pay level for the grade. (3) If an employee's position is reclassified to a lower-graded position or to a position on a different pay table, the state agency may continue the employee's current rate of pay with the approval of the office. (h) (1) If an employee accepts a new position that is a transfer, the employee may receive a change in pay, as follows: (A) If the employee's salary falls below the entry pay level of the new grade, then his or her salary shall be adjusted to the entry pay level for the grade; or (B) If a special rate of pay has been established pursuant to this section. (2) A transferring employee's rate of pay shall not exceed the maximum pay level of the grade assigned to the new position, unless otherwise authorized. (i) An employee whose salary would be above the maximum salary level of the new grade after being placed in a lower-graded position on the same pay table because the original position has expired due to lack of funding, program changes, reorganization, or withdrawal of federal grant funds may continue to be paid at the same rate as the employee was being paid in the higher-graded position upon approval of the office after seeking the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (j) If an employee who has been terminated for more than thirty (30) working days returns to state service, the state agency may offer up to the employee's last rate of pay not to exceed the maximum pay level established for the grade. (k) Upon transfer of employment between state agencies, an employee is to receive a lump-sum payment from the original state agency for any overtime that has been accrued and not been paid and for any compensatory time accrued that has not been used at the higher rate of either the: (1) Average regular rate of pay received by the employee during the last three (3) years of his or her employment; or (2) Final regular rate of pay received by the employee. (l) Any special rate of pay established under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency. (m) (1) A special rate of pay is subject to the state agency's ability to certify funding for a special rate of pay established under this section. (2) A state agency shall not use merit adjustment funds for a special rate of pay established under this section. (n) The secretary or the Governor may suspend discretionary special salary actions. Amended by Act 2024, No. 172,§ 3, eff. 7/1/2024. Amended by Act 2021, No. 661,§ 4, eff. 7/1/2021. Amended by Act 2019, No. 910,§ 6130, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6129, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6128, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6127, eff. 7/1/2019. Amended by Act 2017, No. 365,§ 18, eff. 7/1/2017. Amended by Act 2013, No. 1321,§ 3, eff. 7/1/2013. Acts 1969, No. 199, § 7; 1969, No. 663, § 1; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 6; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 13; 1991, No. 1148, §§ 8-11; 1995, No. 992, § 4; 2001, No. 963, § 1; 2001, No. 1461, § 7; 2005, No. 2198, § 3; 2009, No. 688, § 11; 2011, No. 1017, § 5.

(a) A new appointment to a position in a state agency covered by this subchapter shall be paid at the entry pay level for the grade assigned to the classification unless otherwise authorized by law.

(b) Special rates of pay may be established for either classifications or positions for the following reasons: (1) Prevailing labor market conditions; (2) An extraordinarily well-qualified candidate; (3) The need to retain trained, competent employees; (4) An employee assigned additional duties as a result of the elimination of a position by a state agency; or (5) To meet the requirements of state or federal laws.

(1) Prevailing labor market conditions;

(2) An extraordinarily well-qualified candidate;

(3) The need to retain trained, competent employees;

(4) An employee assigned additional duties as a result of the elimination of a position by a state agency; or

(5) To meet the requirements of state or federal laws.

(c) (1) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Secretary of the Department of Transformation and Shared Services. (2) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the secretary after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) The Office of Personnel Management shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay. (4) The office shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.

(1) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Secretary of the Department of Transformation and Shared Services.

(2) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the secretary after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(3) The Office of Personnel Management shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay.

(4) The office shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.

(d) (1) A special rate of pay may be established for an exceptionally well-qualified applicant whose educational background or experience qualifies the applicant to perform the job with little or substantially less orientation and training than would be required for another qualified applicant. (2) (A) An agency director may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the entry pay level for the grade assigned to the classification and shall report all actions under the office's procedures. (B) The office may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to forty percent (40%) above the entry pay level for the grade assigned to the classification. (C) The office may approve a special rate of pay pursuant to subdivision (d)(1) of this section above forty percent (40%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) The office shall file a report of special rates of pay established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.

(1) A special rate of pay may be established for an exceptionally well-qualified applicant whose educational background or experience qualifies the applicant to perform the job with little or substantially less orientation and training than would be required for another qualified applicant.

(2) (A) An agency director may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the entry pay level for the grade assigned to the classification and shall report all actions under the office's procedures. (B) The office may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to forty percent (40%) above the entry pay level for the grade assigned to the classification. (C) The office may approve a special rate of pay pursuant to subdivision (d)(1) of this section above forty percent (40%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) An agency director may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the entry pay level for the grade assigned to the classification and shall report all actions under the office's procedures.

(B) The office may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to forty percent (40%) above the entry pay level for the grade assigned to the classification.

(C) The office may approve a special rate of pay pursuant to subdivision (d)(1) of this section above forty percent (40%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(3) The office shall file a report of special rates of pay established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.

(e) (1) An agency director may approve special rates of pay to retain a trained, competent employee or due to the assignment of additional duties as a result of the elimination of positions by the state agency, subject to the following: (A) The assignment of additional duties shall be permanent and beyond the scope of work currently being performed by the employee; (B) The same employee may not receive a special rate of pay pursuant to this subdivision (e)(1) more than one (1) time during a biennium; (C) An increase for an agency director pursuant to this subdivision (e)(1) shall be initiated and approved by the Governor; and (D) All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the state agency to the office, and increases above ten percent (10%) shall be approved by the office. (2) The office shall file a report of all salary increases established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval for review.

(1) An agency director may approve special rates of pay to retain a trained, competent employee or due to the assignment of additional duties as a result of the elimination of positions by the state agency, subject to the following: (A) The assignment of additional duties shall be permanent and beyond the scope of work currently being performed by the employee; (B) The same employee may not receive a special rate of pay pursuant to this subdivision (e)(1) more than one (1) time during a biennium; (C) An increase for an agency director pursuant to this subdivision (e)(1) shall be initiated and approved by the Governor; and (D) All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the state agency to the office, and increases above ten percent (10%) shall be approved by the office.

(A) The assignment of additional duties shall be permanent and beyond the scope of work currently being performed by the employee;

(B) The same employee may not receive a special rate of pay pursuant to this subdivision (e)(1) more than one (1) time during a biennium;

(C) An increase for an agency director pursuant to this subdivision (e)(1) shall be initiated and approved by the Governor; and

(D) All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the state agency to the office, and increases above ten percent (10%) shall be approved by the office.

(2) The office shall file a report of all salary increases established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval for review.

(f) (1) (A) An employee who is promoted shall receive a salary increase up to ten percent (10%). (B) However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification. (2) An employee who upon promotion is receiving a rate of pay below the entry pay level established for the new grade shall be adjusted to the entry pay level for that grade. (3) An employee who returns to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification is eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower-graded classification.

(1) (A) An employee who is promoted shall receive a salary increase up to ten percent (10%). (B) However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification.

(A) An employee who is promoted shall receive a salary increase up to ten percent (10%).

(B) However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification.

(2) An employee who upon promotion is receiving a rate of pay below the entry pay level established for the new grade shall be adjusted to the entry pay level for that grade.

(3) An employee who returns to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification is eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower-graded classification.

(g) (1) (A) (i) Upon demotion, an employee's pay shall be decreased by ten percent (10%). (ii) A state agency shall submit a request and receive prior approval from the office to decrease an employee's pay less than ten percent (10%). (iii) An employee may voluntarily accept a lower rate of pay that exceeds a decrease of ten percent (10%). (B) However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification. (2) If the employee's salary falls below the lowest entry pay level of the new grade upon demotion, his or her salary shall be adjusted to the entry pay level for the grade. (3) If an employee's position is reclassified to a lower-graded position or to a position on a different pay table, the state agency may continue the employee's current rate of pay with the approval of the office.

(1) (A) (i) Upon demotion, an employee's pay shall be decreased by ten percent (10%). (ii) A state agency shall submit a request and receive prior approval from the office to decrease an employee's pay less than ten percent (10%). (iii) An employee may voluntarily accept a lower rate of pay that exceeds a decrease of ten percent (10%). (B) However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification.

(A) (i) Upon demotion, an employee's pay shall be decreased by ten percent (10%). (ii) A state agency shall submit a request and receive prior approval from the office to decrease an employee's pay less than ten percent (10%). (iii) An employee may voluntarily accept a lower rate of pay that exceeds a decrease of ten percent (10%).

(i) Upon demotion, an employee's pay shall be decreased by ten percent (10%).

(ii) A state agency shall submit a request and receive prior approval from the office to decrease an employee's pay less than ten percent (10%).

(iii) An employee may voluntarily accept a lower rate of pay that exceeds a decrease of ten percent (10%).

(B) However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification.

(2) If the employee's salary falls below the lowest entry pay level of the new grade upon demotion, his or her salary shall be adjusted to the entry pay level for the grade.

(3) If an employee's position is reclassified to a lower-graded position or to a position on a different pay table, the state agency may continue the employee's current rate of pay with the approval of the office.

(h) (1) If an employee accepts a new position that is a transfer, the employee may receive a change in pay, as follows: (A) If the employee's salary falls below the entry pay level of the new grade, then his or her salary shall be adjusted to the entry pay level for the grade; or (B) If a special rate of pay has been established pursuant to this section. (2) A transferring employee's rate of pay shall not exceed the maximum pay level of the grade assigned to the new position, unless otherwise authorized.

(1) If an employee accepts a new position that is a transfer, the employee may receive a change in pay, as follows: (A) If the employee's salary falls below the entry pay level of the new grade, then his or her salary shall be adjusted to the entry pay level for the grade; or (B) If a special rate of pay has been established pursuant to this section.

(A) If the employee's salary falls below the entry pay level of the new grade, then his or her salary shall be adjusted to the entry pay level for the grade; or

(B) If a special rate of pay has been established pursuant to this section.

(2) A transferring employee's rate of pay shall not exceed the maximum pay level of the grade assigned to the new position, unless otherwise authorized.

(i) An employee whose salary would be above the maximum salary level of the new grade after being placed in a lower-graded position on the same pay table because the original position has expired due to lack of funding, program changes, reorganization, or withdrawal of federal grant funds may continue to be paid at the same rate as the employee was being paid in the higher-graded position upon approval of the office after seeking the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(j) If an employee who has been terminated for more than thirty (30) working days returns to state service, the state agency may offer up to the employee's last rate of pay not to exceed the maximum pay level established for the grade.

(k) Upon transfer of employment between state agencies, an employee is to receive a lump-sum payment from the original state agency for any overtime that has been accrued and not been paid and for any compensatory time accrued that has not been used at the higher rate of either the: (1) Average regular rate of pay received by the employee during the last three (3) years of his or her employment; or (2) Final regular rate of pay received by the employee.

(1) Average regular rate of pay received by the employee during the last three (3) years of his or her employment; or

(2) Final regular rate of pay received by the employee.

(l) Any special rate of pay established under this section shall not affect the salary level or salary eligibility of any existing employee within the state agency.

(m) (1) A special rate of pay is subject to the state agency's ability to certify funding for a special rate of pay established under this section. (2) A state agency shall not use merit adjustment funds for a special rate of pay established under this section.

(1) A special rate of pay is subject to the state agency's ability to certify funding for a special rate of pay established under this section.

(2) A state agency shall not use merit adjustment funds for a special rate of pay established under this section.

(n) The secretary or the Governor may suspend discretionary special salary actions.

Amended by Act 2024, No. 172,§ 3, eff. 7/1/2024.

Amended by Act 2021, No. 661,§ 4, eff. 7/1/2021.

Amended by Act 2019, No. 910,§ 6130, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6129, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6128, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6127, eff. 7/1/2019.

Amended by Act 2017, No. 365,§ 18, eff. 7/1/2017.

Amended by Act 2013, No. 1321,§ 3, eff. 7/1/2013.

Acts 1969, No. 199, § 7; 1969, No. 663, § 1; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 6; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 13; 1991, No. 1148, §§ 8-11; 1995, No. 992, § 4; 2001, No. 963, § 1; 2001, No. 1461, § 7; 2005, No. 2198, § 3; 2009, No. 688, § 11; 2011, No. 1017, § 5.
Ark. Code Ann. § 21-5-415 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-415
Nonpayment of premiums and failure to file reports by agency or school district
Status: in_force

(a) (1) If any participating state agency or school district does not remit insurance premiums and required monthly reports to the Employee Benefits Division by the last calendar day of each billing month, the division shall impose a penalty of two dollars ($2.00) per insured member or one hundred dollars ($100), whichever is greater. (2) (A) Penalties shall be assessed and invoiced based on the actual number of members included on the monthly billing report that is past due. (B) Invoices shall be processed at the beginning of the month following the infraction. (3) Penalties are payable to the division and shall be delivered to the division no later than the last calendar day of the month following invoicing. (4) If payment is not delivered to the division by the due date, the following collection methods may be used: (A) (i) The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from: (a) Funds the state agency or school district has on deposit with the Treasurer of State; or (b) Any funds the state agency or school district is due from the state. (ii) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer; (B) The state agency director or school district superintendent may be required to appear before the State Board of Finance to report the reasons for nonpayment or incorrect reporting; and (C) The Chief Fiscal Officer of the State may use his or her powers outlined in § 19-4-301 et seq. to aid in collection. (5) Nonpayment of premiums by a school district, state agency, or agency assuming the responsibility for paying health and life insurance premiums for its employees may result in a lapse of health and life insurance coverage for participating state employees and public school employees of the school district or state agency. (b) (1) If a participating entity or participating institution fails to follow established policy and procedures set by the Director of the Employee Benefits Division, including without limitation notifying the division of an insured's leave without pay, family medical leave, or military leave status or if any participating entity or participating institution provides incorrect benefit information or processes unauthorized benefit changes, including system entries that result in unreimbursed expenses to the State Employees Benefit Trust Fund or Public School Insurance Trust Fund, the division may: (A) Require the participating entity or participating institution to pay the total amount of the insured's premium; and (B) Impose a penalty of fifty dollars ($50.00) per insured. (2) (A) Penalties shall be assessed and invoiced based on the actual number of violations. (B) Invoices shall be processed at the beginning of the month following discovery of the infraction. (3) Penalties are payable to the division and shall be delivered to the division by the last calendar day of the month following invoicing. (4) The Chief Fiscal Officer of the State may cause the amount sought to be transferred from: (A) Funds the state agency or school district has on deposit with the Treasurer of State; or (B) Any funds the state agency or school district is due from the state. (5) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer. (c) The division may correct any error regarding an insured's benefits according to existing documentation without authorization or prior notification to the state agency or school district. (d) The division may use up to eleven dollars and twenty cents ($11.20) from each contribution made under § 6-17-1117(a) to offset the cost of health insurance premiums to eligible members electing to participate in the public school employees' health insurance program as a retiree. Amended by Act 2023, No. 572,§ 19, eff. 7/1/2023. Amended by Act 2021, No. 1004,§ 20, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6146, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6145, eff. 7/1/2019. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1972 (Ex. Sess.), No. 48, § 8; 1973, No. 842, § 2; 1981, No. 749, § 4; 1981, No. 838, § 6; 1983, No. 582, § 1; A.S.A. 1947, § 12-3108; Acts 1997, No. 1295, § 3; 2003, No. 826, § 2; 2007, No. 1009, § 13.

(a) (1) If any participating state agency or school district does not remit insurance premiums and required monthly reports to the Employee Benefits Division by the last calendar day of each billing month, the division shall impose a penalty of two dollars ($2.00) per insured member or one hundred dollars ($100), whichever is greater. (2) (A) Penalties shall be assessed and invoiced based on the actual number of members included on the monthly billing report that is past due. (B) Invoices shall be processed at the beginning of the month following the infraction. (3) Penalties are payable to the division and shall be delivered to the division no later than the last calendar day of the month following invoicing. (4) If payment is not delivered to the division by the due date, the following collection methods may be used: (A) (i) The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from: (a) Funds the state agency or school district has on deposit with the Treasurer of State; or (b) Any funds the state agency or school district is due from the state. (ii) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer; (B) The state agency director or school district superintendent may be required to appear before the State Board of Finance to report the reasons for nonpayment or incorrect reporting; and (C) The Chief Fiscal Officer of the State may use his or her powers outlined in § 19-4-301 et seq. to aid in collection. (5) Nonpayment of premiums by a school district, state agency, or agency assuming the responsibility for paying health and life insurance premiums for its employees may result in a lapse of health and life insurance coverage for participating state employees and public school employees of the school district or state agency.

(1) If any participating state agency or school district does not remit insurance premiums and required monthly reports to the Employee Benefits Division by the last calendar day of each billing month, the division shall impose a penalty of two dollars ($2.00) per insured member or one hundred dollars ($100), whichever is greater.

(2) (A) Penalties shall be assessed and invoiced based on the actual number of members included on the monthly billing report that is past due. (B) Invoices shall be processed at the beginning of the month following the infraction.

(A) Penalties shall be assessed and invoiced based on the actual number of members included on the monthly billing report that is past due.

(B) Invoices shall be processed at the beginning of the month following the infraction.

(3) Penalties are payable to the division and shall be delivered to the division no later than the last calendar day of the month following invoicing.

(4) If payment is not delivered to the division by the due date, the following collection methods may be used: (A) (i) The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from: (a) Funds the state agency or school district has on deposit with the Treasurer of State; or (b) Any funds the state agency or school district is due from the state. (ii) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer; (B) The state agency director or school district superintendent may be required to appear before the State Board of Finance to report the reasons for nonpayment or incorrect reporting; and (C) The Chief Fiscal Officer of the State may use his or her powers outlined in § 19-4-301 et seq. to aid in collection.

(A) (i) The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from: (a) Funds the state agency or school district has on deposit with the Treasurer of State; or (b) Any funds the state agency or school district is due from the state. (ii) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer;

(i) The Chief Fiscal Officer of the State may cause the amount sought to be transferred to the division from: (a) Funds the state agency or school district has on deposit with the Treasurer of State; or (b) Any funds the state agency or school district is due from the state.

(a) Funds the state agency or school district has on deposit with the Treasurer of State; or

(b) Any funds the state agency or school district is due from the state.

(ii) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer;

(B) The state agency director or school district superintendent may be required to appear before the State Board of Finance to report the reasons for nonpayment or incorrect reporting; and

(C) The Chief Fiscal Officer of the State may use his or her powers outlined in § 19-4-301 et seq. to aid in collection.

(5) Nonpayment of premiums by a school district, state agency, or agency assuming the responsibility for paying health and life insurance premiums for its employees may result in a lapse of health and life insurance coverage for participating state employees and public school employees of the school district or state agency.

(b) (1) If a participating entity or participating institution fails to follow established policy and procedures set by the Director of the Employee Benefits Division, including without limitation notifying the division of an insured's leave without pay, family medical leave, or military leave status or if any participating entity or participating institution provides incorrect benefit information or processes unauthorized benefit changes, including system entries that result in unreimbursed expenses to the State Employees Benefit Trust Fund or Public School Insurance Trust Fund, the division may: (A) Require the participating entity or participating institution to pay the total amount of the insured's premium; and (B) Impose a penalty of fifty dollars ($50.00) per insured. (2) (A) Penalties shall be assessed and invoiced based on the actual number of violations. (B) Invoices shall be processed at the beginning of the month following discovery of the infraction. (3) Penalties are payable to the division and shall be delivered to the division by the last calendar day of the month following invoicing. (4) The Chief Fiscal Officer of the State may cause the amount sought to be transferred from: (A) Funds the state agency or school district has on deposit with the Treasurer of State; or (B) Any funds the state agency or school district is due from the state. (5) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer.

(1) If a participating entity or participating institution fails to follow established policy and procedures set by the Director of the Employee Benefits Division, including without limitation notifying the division of an insured's leave without pay, family medical leave, or military leave status or if any participating entity or participating institution provides incorrect benefit information or processes unauthorized benefit changes, including system entries that result in unreimbursed expenses to the State Employees Benefit Trust Fund or Public School Insurance Trust Fund, the division may: (A) Require the participating entity or participating institution to pay the total amount of the insured's premium; and (B) Impose a penalty of fifty dollars ($50.00) per insured.

(A) Require the participating entity or participating institution to pay the total amount of the insured's premium; and

(B) Impose a penalty of fifty dollars ($50.00) per insured.

(2) (A) Penalties shall be assessed and invoiced based on the actual number of violations. (B) Invoices shall be processed at the beginning of the month following discovery of the infraction.

(A) Penalties shall be assessed and invoiced based on the actual number of violations.

(B) Invoices shall be processed at the beginning of the month following discovery of the infraction.

(3) Penalties are payable to the division and shall be delivered to the division by the last calendar day of the month following invoicing.

(4) The Chief Fiscal Officer of the State may cause the amount sought to be transferred from: (A) Funds the state agency or school district has on deposit with the Treasurer of State; or (B) Any funds the state agency or school district is due from the state.

(A) Funds the state agency or school district has on deposit with the Treasurer of State; or

(B) Any funds the state agency or school district is due from the state.

(5) If a transfer is made, a transfer penalty of twenty dollars ($20.00) per transfer shall be assessed each state agency or school district fund and included in the transfer.

(c) The division may correct any error regarding an insured's benefits according to existing documentation without authorization or prior notification to the state agency or school district.

(d) The division may use up to eleven dollars and twenty cents ($11.20) from each contribution made under § 6-17-1117(a) to offset the cost of health insurance premiums to eligible members electing to participate in the public school employees' health insurance program as a retiree.

Amended by Act 2023, No. 572,§ 19, eff. 7/1/2023.

Amended by Act 2021, No. 1004,§ 20, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6146, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6145, eff. 7/1/2019.

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

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

Acts 1972 (Ex. Sess.), No. 48, § 8; 1973, No. 842, § 2; 1981, No. 749, § 4; 1981, No. 838, § 6; 1983, No. 582, § 1; A.S.A. 1947, § 12-3108; Acts 1997, No. 1295, § 3; 2003, No. 826, § 2; 2007, No. 1009, § 13.
Ark. Code Ann. § 21-8-701 — AR Code / Title 21 / Chapter 8 / Subchapter 7 / Section 21-8-701
Persons required to file - Exceptions - Contents
Status: in_force

(a) The following persons shall file a written statement of financial interest: (1) A public official, as defined in § 21-8-402(17) ; (2) A candidate for elective office; (3) A district judge or city attorney, whether elected or appointed; (4) An agency head, department director, or division director of state government or a chief of staff or chief deputy of a constitutional officer, the Senate, or the House of Representatives; (5) (A) A public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds. (B) A public appointee to a state board or commission that is not charged by law with the exercise of regulatory authority and that receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest; (6) A person who is an elected member of a school board or who is a candidate for a position on a school board; (7) A public or charter school superintendent; (8) An executive director of an education service cooperative; (9) A person appointed to one (1) of the following types of regional, municipal, or county boards or commissions: (A) A planning board or commission; (B) An airport board or commission; (C) A water or sewer board or commission; (D) A utility board or commission; or (E) A civil service commission; (10) A member of an advertising and promotion commission; and (11) A member of a research park authority board under § 14-144-201 et seq. (b) A member of a levee district or a levee and drainage district or any candidate therefor shall not be required to file a written statement of financial interest under this section. (c) (1) (A) The statement of financial interest for the previous calendar year shall be filed by January 31 of each year, except that a candidate for elective office shall file the statement of financial interest for the previous calendar year on the first Monday following the close of the period to file as a candidate for the elective office, and persons identified in subdivisions (a)(4) and (5) of this section shall file the statement of financial interest within thirty (30) days after appointment or employment. (B) If a person is included in any category listed in subsection (a) of this section for any part of a calendar year, then such person shall file a statement of financial interest covering that period of time regardless of whether the person has left his or her office or position as of the date that statement of financial interest is due. (2) Any incumbent officeholder who filed the statement of financial interest by January 31 of the year in which the election is held shall not be required to file an additional statement upon becoming a candidate for reelection or election to another office at any election held during the year. (d) The statement of financial interest shall include the following: (1) The name of the public servant or candidate and his or her spouse and all names under which they do business; (2) The reasons for filing the statement of financial interest; (3) Identification of each: (A) (i) Employer and of each other source of gross income amounting to more than one thousand dollars ($1,000) annually received by the person or his or her spouse in his or her own name, or by any other person for the use or benefit of the public servant or candidate or his or her spouse, and a brief description of the nature of the services for which the compensation was received. (ii) However, this subdivision (d)(3)(A) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; and (B) (i) Source of gross income as described in subdivision (d)(3)(A) of this section of more than twelve thousand five hundred dollars ($12,500). (ii) However, this subdivision (d)(3)(B) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; (4) (A) The name and address of every business in which the public servant or candidate or his or her spouse, or any other person for the use or benefit of the public servant or candidate or his or her spouse, has an investment or holdings of over one thousand dollars ($1,000) at fair market value as of the last day of the previous calendar year. (B) Each source described in subdivision (d)(4)(A) of this section that has a fair market value of over twelve thousand five hundred dollars ($12,500) as of the last day of the previous calendar year shall also be identified; (5) Every office or directorship held by the public servant or candidate or his or her spouse in any business, corporation, firm, or enterprise subject to jurisdiction of a regulatory agency of this state or of any of its political subdivisions; (6) (A) The name and address of each creditor to whom the value of five thousand dollars ($5,000) or more was personally owed or personally obligated and is still outstanding by the public servant or candidate. (B) (i) Loans made in the ordinary course of business by either a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed. (ii) Debts owed to the members of the public servant's or candidate's family need not be included; (7) The name and address of each governmental body to which the public servant or candidate is legally obligated to pay a past-due amount and a description of the nature and amount of the obligation; (8) (A) The name and address of each guarantor or comaker, other than a member of the public servant's or candidate's family, who has guaranteed a debt of the public servant or candidate that is still outstanding. (B) (i) This requirement shall be applicable only to debt guaranties for debts assumed or arising after January 1, 1989. (ii) Guaranteed debts existing prior to January 1, 1989, which are extended or refinanced shall become subject to disclosure in the annual financing statement due to be filed after the conclusion of the year in which such extension or refinancing occurred; (9) The source, date, description, and a reasonable estimate of the fair market value of each gift of more than one hundred dollars ($100) received by the public servant or candidate or his or her spouse or more than two hundred fifty dollars ($250) received by his or her dependent children; (10) Each monetary or other award of more than one hundred dollars ($100) received by the public servant or candidate in his or her capacity as an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of his or her contribution to education; (11) Each nongovernmental source of payment of the public servant's expenses for food, lodging, or travel that bears a relationship to the public servant's office when the public servant is appearing in his or her official capacity when the expenses incurred exceed one hundred fifty dollars ($150). The public servant shall identify the name and business address of the person or organization paying the public servant's expenses and the date, nature, and amount of that expenditure if not compensated by the entity for which the public servant serves; (12) Any public servant who is employed by any business that is under direct regulation or subject to direct control by the governmental body which he or she serves shall set out this employment and the fact that the business is regulated by or subject to control of the governmental body on the statement of financial interest; and (13) If a public servant or any business in which he or she or his or her spouse is an officer, director, stockholder owning more than ten percent (10%) of the stock of the company, and the owner, trustee, or partner shall sell any goods or services having a total annual value in excess of one thousand dollars ($1,000) to the governmental body in which the public servant serves or is employed, then the public servant shall set out in detail the goods or services sold, the governmental body to which they were sold, and the compensation paid for each category of goods or services sold. (e) (1) All statements of financial interest required to be filed with the Secretary of State on or after January 1, 2010, shall be made publicly accessible at no charge by the Secretary of State in electronic form through the internet. (2) The Secretary of State is the official custodian of the records of statements of financial interest that are filed with the Secretary of State under this section. (f) (1) It is an affirmative defense to prosecution or disciplinary action if a person required to file a statement of financial interest under this subchapter amends the statement of financial interest within thirty (30) days of discovering or learning of an unintentional error in the statement of financial interest. (2) (A) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged error in a statement of financial interest filed under this subchapter if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (f)(1) of this section. (B) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged error in a statement of financial interest under subdivision (f)(2)(A) of this section, the person shall not be considered to have committed a violation of the applicable statute. (3) This section shall not be construed to: (A) Remove the duty to file a statement of financial interest under this subchapter; or (B) Authorize a person to knowingly fail to file a statement of financial interest under this subchapter. Amended by Act 2015, No. 1151,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1280,§ 13, eff. 4/8/2015. Amended by Act 2015, No. 999,§ 3, eff. 4/2/2015. Amended by Act 2013, No. 706,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 88,§ 1, eff. 8/16/2013. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 3; 1991, No. 240, § 1; 1999, No. 553, §§ 41-44; 1999, No. 1172, § 1; 2001, No. 1599, § 22; 2001, No. 1839, § 30; 2005, No. 1284, § 15; 2007, No. 221, § 17; 2007, No. 267, § 1; 2007, No. 617, § 42; 2009, No. 473, § 13; 2009, No. 963, §§ 3, 4.

(a) The following persons shall file a written statement of financial interest: (1) A public official, as defined in § 21-8-402(17) ; (2) A candidate for elective office; (3) A district judge or city attorney, whether elected or appointed; (4) An agency head, department director, or division director of state government or a chief of staff or chief deputy of a constitutional officer, the Senate, or the House of Representatives; (5) (A) A public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds. (B) A public appointee to a state board or commission that is not charged by law with the exercise of regulatory authority and that receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest; (6) A person who is an elected member of a school board or who is a candidate for a position on a school board; (7) A public or charter school superintendent; (8) An executive director of an education service cooperative; (9) A person appointed to one (1) of the following types of regional, municipal, or county boards or commissions: (A) A planning board or commission; (B) An airport board or commission; (C) A water or sewer board or commission; (D) A utility board or commission; or (E) A civil service commission; (10) A member of an advertising and promotion commission; and (11) A member of a research park authority board under § 14-144-201 et seq.

(1) A public official, as defined in § 21-8-402(17) ;

(2) A candidate for elective office;

(3) A district judge or city attorney, whether elected or appointed;

(4) An agency head, department director, or division director of state government or a chief of staff or chief deputy of a constitutional officer, the Senate, or the House of Representatives;

(5) (A) A public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds. (B) A public appointee to a state board or commission that is not charged by law with the exercise of regulatory authority and that receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest;

(A) A public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds.

(B) A public appointee to a state board or commission that is not charged by law with the exercise of regulatory authority and that receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest;

(6) A person who is an elected member of a school board or who is a candidate for a position on a school board;

(7) A public or charter school superintendent;

(8) An executive director of an education service cooperative;

(9) A person appointed to one (1) of the following types of regional, municipal, or county boards or commissions: (A) A planning board or commission; (B) An airport board or commission; (C) A water or sewer board or commission; (D) A utility board or commission; or (E) A civil service commission;

(A) A planning board or commission;

(B) An airport board or commission;

(C) A water or sewer board or commission;

(D) A utility board or commission; or

(E) A civil service commission;

(10) A member of an advertising and promotion commission; and

(11) A member of a research park authority board under § 14-144-201 et seq.

(b) A member of a levee district or a levee and drainage district or any candidate therefor shall not be required to file a written statement of financial interest under this section.

(c) (1) (A) The statement of financial interest for the previous calendar year shall be filed by January 31 of each year, except that a candidate for elective office shall file the statement of financial interest for the previous calendar year on the first Monday following the close of the period to file as a candidate for the elective office, and persons identified in subdivisions (a)(4) and (5) of this section shall file the statement of financial interest within thirty (30) days after appointment or employment. (B) If a person is included in any category listed in subsection (a) of this section for any part of a calendar year, then such person shall file a statement of financial interest covering that period of time regardless of whether the person has left his or her office or position as of the date that statement of financial interest is due. (2) Any incumbent officeholder who filed the statement of financial interest by January 31 of the year in which the election is held shall not be required to file an additional statement upon becoming a candidate for reelection or election to another office at any election held during the year.

(1) (A) The statement of financial interest for the previous calendar year shall be filed by January 31 of each year, except that a candidate for elective office shall file the statement of financial interest for the previous calendar year on the first Monday following the close of the period to file as a candidate for the elective office, and persons identified in subdivisions (a)(4) and (5) of this section shall file the statement of financial interest within thirty (30) days after appointment or employment. (B) If a person is included in any category listed in subsection (a) of this section for any part of a calendar year, then such person shall file a statement of financial interest covering that period of time regardless of whether the person has left his or her office or position as of the date that statement of financial interest is due.

(A) The statement of financial interest for the previous calendar year shall be filed by January 31 of each year, except that a candidate for elective office shall file the statement of financial interest for the previous calendar year on the first Monday following the close of the period to file as a candidate for the elective office, and persons identified in subdivisions (a)(4) and (5) of this section shall file the statement of financial interest within thirty (30) days after appointment or employment.

(B) If a person is included in any category listed in subsection (a) of this section for any part of a calendar year, then such person shall file a statement of financial interest covering that period of time regardless of whether the person has left his or her office or position as of the date that statement of financial interest is due.

(2) Any incumbent officeholder who filed the statement of financial interest by January 31 of the year in which the election is held shall not be required to file an additional statement upon becoming a candidate for reelection or election to another office at any election held during the year.

(d) The statement of financial interest shall include the following: (1) The name of the public servant or candidate and his or her spouse and all names under which they do business; (2) The reasons for filing the statement of financial interest; (3) Identification of each: (A) (i) Employer and of each other source of gross income amounting to more than one thousand dollars ($1,000) annually received by the person or his or her spouse in his or her own name, or by any other person for the use or benefit of the public servant or candidate or his or her spouse, and a brief description of the nature of the services for which the compensation was received. (ii) However, this subdivision (d)(3)(A) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; and (B) (i) Source of gross income as described in subdivision (d)(3)(A) of this section of more than twelve thousand five hundred dollars ($12,500). (ii) However, this subdivision (d)(3)(B) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; (4) (A) The name and address of every business in which the public servant or candidate or his or her spouse, or any other person for the use or benefit of the public servant or candidate or his or her spouse, has an investment or holdings of over one thousand dollars ($1,000) at fair market value as of the last day of the previous calendar year. (B) Each source described in subdivision (d)(4)(A) of this section that has a fair market value of over twelve thousand five hundred dollars ($12,500) as of the last day of the previous calendar year shall also be identified; (5) Every office or directorship held by the public servant or candidate or his or her spouse in any business, corporation, firm, or enterprise subject to jurisdiction of a regulatory agency of this state or of any of its political subdivisions; (6) (A) The name and address of each creditor to whom the value of five thousand dollars ($5,000) or more was personally owed or personally obligated and is still outstanding by the public servant or candidate. (B) (i) Loans made in the ordinary course of business by either a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed. (ii) Debts owed to the members of the public servant's or candidate's family need not be included; (7) The name and address of each governmental body to which the public servant or candidate is legally obligated to pay a past-due amount and a description of the nature and amount of the obligation; (8) (A) The name and address of each guarantor or comaker, other than a member of the public servant's or candidate's family, who has guaranteed a debt of the public servant or candidate that is still outstanding. (B) (i) This requirement shall be applicable only to debt guaranties for debts assumed or arising after January 1, 1989. (ii) Guaranteed debts existing prior to January 1, 1989, which are extended or refinanced shall become subject to disclosure in the annual financing statement due to be filed after the conclusion of the year in which such extension or refinancing occurred; (9) The source, date, description, and a reasonable estimate of the fair market value of each gift of more than one hundred dollars ($100) received by the public servant or candidate or his or her spouse or more than two hundred fifty dollars ($250) received by his or her dependent children; (10) Each monetary or other award of more than one hundred dollars ($100) received by the public servant or candidate in his or her capacity as an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of his or her contribution to education; (11) Each nongovernmental source of payment of the public servant's expenses for food, lodging, or travel that bears a relationship to the public servant's office when the public servant is appearing in his or her official capacity when the expenses incurred exceed one hundred fifty dollars ($150). The public servant shall identify the name and business address of the person or organization paying the public servant's expenses and the date, nature, and amount of that expenditure if not compensated by the entity for which the public servant serves; (12) Any public servant who is employed by any business that is under direct regulation or subject to direct control by the governmental body which he or she serves shall set out this employment and the fact that the business is regulated by or subject to control of the governmental body on the statement of financial interest; and (13) If a public servant or any business in which he or she or his or her spouse is an officer, director, stockholder owning more than ten percent (10%) of the stock of the company, and the owner, trustee, or partner shall sell any goods or services having a total annual value in excess of one thousand dollars ($1,000) to the governmental body in which the public servant serves or is employed, then the public servant shall set out in detail the goods or services sold, the governmental body to which they were sold, and the compensation paid for each category of goods or services sold.

(1) The name of the public servant or candidate and his or her spouse and all names under which they do business;

(2) The reasons for filing the statement of financial interest;

(3) Identification of each: (A) (i) Employer and of each other source of gross income amounting to more than one thousand dollars ($1,000) annually received by the person or his or her spouse in his or her own name, or by any other person for the use or benefit of the public servant or candidate or his or her spouse, and a brief description of the nature of the services for which the compensation was received. (ii) However, this subdivision (d)(3)(A) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; and (B) (i) Source of gross income as described in subdivision (d)(3)(A) of this section of more than twelve thousand five hundred dollars ($12,500). (ii) However, this subdivision (d)(3)(B) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income;

(A) (i) Employer and of each other source of gross income amounting to more than one thousand dollars ($1,000) annually received by the person or his or her spouse in his or her own name, or by any other person for the use or benefit of the public servant or candidate or his or her spouse, and a brief description of the nature of the services for which the compensation was received. (ii) However, this subdivision (d)(3)(A) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; and

(i) Employer and of each other source of gross income amounting to more than one thousand dollars ($1,000) annually received by the person or his or her spouse in his or her own name, or by any other person for the use or benefit of the public servant or candidate or his or her spouse, and a brief description of the nature of the services for which the compensation was received.

(ii) However, this subdivision (d)(3)(A) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income; and

(B) (i) Source of gross income as described in subdivision (d)(3)(A) of this section of more than twelve thousand five hundred dollars ($12,500). (ii) However, this subdivision (d)(3)(B) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income;

(i) Source of gross income as described in subdivision (d)(3)(A) of this section of more than twelve thousand five hundred dollars ($12,500).

(ii) However, this subdivision (d)(3)(B) does not require the disclosure of individual items of income that constitute a portion of the gross income of the business or profession from which the public servant or candidate or his or her spouse derives income;

(4) (A) The name and address of every business in which the public servant or candidate or his or her spouse, or any other person for the use or benefit of the public servant or candidate or his or her spouse, has an investment or holdings of over one thousand dollars ($1,000) at fair market value as of the last day of the previous calendar year. (B) Each source described in subdivision (d)(4)(A) of this section that has a fair market value of over twelve thousand five hundred dollars ($12,500) as of the last day of the previous calendar year shall also be identified;

(A) The name and address of every business in which the public servant or candidate or his or her spouse, or any other person for the use or benefit of the public servant or candidate or his or her spouse, has an investment or holdings of over one thousand dollars ($1,000) at fair market value as of the last day of the previous calendar year.

(B) Each source described in subdivision (d)(4)(A) of this section that has a fair market value of over twelve thousand five hundred dollars ($12,500) as of the last day of the previous calendar year shall also be identified;

(5) Every office or directorship held by the public servant or candidate or his or her spouse in any business, corporation, firm, or enterprise subject to jurisdiction of a regulatory agency of this state or of any of its political subdivisions;

(6) (A) The name and address of each creditor to whom the value of five thousand dollars ($5,000) or more was personally owed or personally obligated and is still outstanding by the public servant or candidate. (B) (i) Loans made in the ordinary course of business by either a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed. (ii) Debts owed to the members of the public servant's or candidate's family need not be included;

(A) The name and address of each creditor to whom the value of five thousand dollars ($5,000) or more was personally owed or personally obligated and is still outstanding by the public servant or candidate.

(B) (i) Loans made in the ordinary course of business by either a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed. (ii) Debts owed to the members of the public servant's or candidate's family need not be included;

(i) Loans made in the ordinary course of business by either a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed.

(ii) Debts owed to the members of the public servant's or candidate's family need not be included;

(7) The name and address of each governmental body to which the public servant or candidate is legally obligated to pay a past-due amount and a description of the nature and amount of the obligation;

(8) (A) The name and address of each guarantor or comaker, other than a member of the public servant's or candidate's family, who has guaranteed a debt of the public servant or candidate that is still outstanding. (B) (i) This requirement shall be applicable only to debt guaranties for debts assumed or arising after January 1, 1989. (ii) Guaranteed debts existing prior to January 1, 1989, which are extended or refinanced shall become subject to disclosure in the annual financing statement due to be filed after the conclusion of the year in which such extension or refinancing occurred;

(A) The name and address of each guarantor or comaker, other than a member of the public servant's or candidate's family, who has guaranteed a debt of the public servant or candidate that is still outstanding.

(B) (i) This requirement shall be applicable only to debt guaranties for debts assumed or arising after January 1, 1989. (ii) Guaranteed debts existing prior to January 1, 1989, which are extended or refinanced shall become subject to disclosure in the annual financing statement due to be filed after the conclusion of the year in which such extension or refinancing occurred;

(i) This requirement shall be applicable only to debt guaranties for debts assumed or arising after January 1, 1989.

(ii) Guaranteed debts existing prior to January 1, 1989, which are extended or refinanced shall become subject to disclosure in the annual financing statement due to be filed after the conclusion of the year in which such extension or refinancing occurred;

(9) The source, date, description, and a reasonable estimate of the fair market value of each gift of more than one hundred dollars ($100) received by the public servant or candidate or his or her spouse or more than two hundred fifty dollars ($250) received by his or her dependent children;

(10) Each monetary or other award of more than one hundred dollars ($100) received by the public servant or candidate in his or her capacity as an employee of a public school district, the Arkansas School for the Blind, the Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of his or her contribution to education;

(11) Each nongovernmental source of payment of the public servant's expenses for food, lodging, or travel that bears a relationship to the public servant's office when the public servant is appearing in his or her official capacity when the expenses incurred exceed one hundred fifty dollars ($150). The public servant shall identify the name and business address of the person or organization paying the public servant's expenses and the date, nature, and amount of that expenditure if not compensated by the entity for which the public servant serves;

(12) Any public servant who is employed by any business that is under direct regulation or subject to direct control by the governmental body which he or she serves shall set out this employment and the fact that the business is regulated by or subject to control of the governmental body on the statement of financial interest; and

(13) If a public servant or any business in which he or she or his or her spouse is an officer, director, stockholder owning more than ten percent (10%) of the stock of the company, and the owner, trustee, or partner shall sell any goods or services having a total annual value in excess of one thousand dollars ($1,000) to the governmental body in which the public servant serves or is employed, then the public servant shall set out in detail the goods or services sold, the governmental body to which they were sold, and the compensation paid for each category of goods or services sold.

(e) (1) All statements of financial interest required to be filed with the Secretary of State on or after January 1, 2010, shall be made publicly accessible at no charge by the Secretary of State in electronic form through the internet. (2) The Secretary of State is the official custodian of the records of statements of financial interest that are filed with the Secretary of State under this section.

(1) All statements of financial interest required to be filed with the Secretary of State on or after January 1, 2010, shall be made publicly accessible at no charge by the Secretary of State in electronic form through the internet.

(2) The Secretary of State is the official custodian of the records of statements of financial interest that are filed with the Secretary of State under this section.

(f) (1) It is an affirmative defense to prosecution or disciplinary action if a person required to file a statement of financial interest under this subchapter amends the statement of financial interest within thirty (30) days of discovering or learning of an unintentional error in the statement of financial interest. (2) (A) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged error in a statement of financial interest filed under this subchapter if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (f)(1) of this section. (B) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged error in a statement of financial interest under subdivision (f)(2)(A) of this section, the person shall not be considered to have committed a violation of the applicable statute. (3) This section shall not be construed to: (A) Remove the duty to file a statement of financial interest under this subchapter; or (B) Authorize a person to knowingly fail to file a statement of financial interest under this subchapter.

(1) It is an affirmative defense to prosecution or disciplinary action if a person required to file a statement of financial interest under this subchapter amends the statement of financial interest within thirty (30) days of discovering or learning of an unintentional error in the statement of financial interest.

(2) (A) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged error in a statement of financial interest filed under this subchapter if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (f)(1) of this section. (B) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged error in a statement of financial interest under subdivision (f)(2)(A) of this section, the person shall not be considered to have committed a violation of the applicable statute.

(A) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged error in a statement of financial interest filed under this subchapter if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (f)(1) of this section.

(B) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged error in a statement of financial interest under subdivision (f)(2)(A) of this section, the person shall not be considered to have committed a violation of the applicable statute.

(3) This section shall not be construed to: (A) Remove the duty to file a statement of financial interest under this subchapter; or (B) Authorize a person to knowingly fail to file a statement of financial interest under this subchapter.

(A) Remove the duty to file a statement of financial interest under this subchapter; or

(B) Authorize a person to knowingly fail to file a statement of financial interest under this subchapter.

Amended by Act 2015, No. 1151,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1280,§ 13, eff. 4/8/2015.

Amended by Act 2015, No. 999,§ 3, eff. 4/2/2015.

Amended by Act 2013, No. 706,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 88,§ 1, eff. 8/16/2013.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 3; 1991, No. 240, § 1; 1999, No. 553, §§ 41-44; 1999, No. 1172, § 1; 2001, No. 1599, § 22; 2001, No. 1839, § 30; 2005, No. 1284, § 15; 2007, No. 221, § 17; 2007, No. 267, § 1; 2007, No. 617, § 42; 2009, No. 473, § 13; 2009, No. 963, §§ 3, 4.
Ark. Code Ann. § 21-6-402 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-402
Circuit court clerks - Miscellaneous fees
Status: in_force

(a) (1) The fees to be charged by the clerks of the circuit courts for the following matters in the circuit courts in the state shall be as prescribed in this section. (2) No portion of these fees shall be refunded. (b) The fees shall be: (1) For drawing and issuing, sealing any summons, subpoena ............... $2.50 (2) For writs or executions ............... 20.00 (3) For certificate and seal ............... 5.00 (4) For making and preparing any transcript: (A) Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages; (B) Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000); (C) One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000); (D) One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and (E) Fifty cents (50¢) per page for any page over four thousand one (4,001); (5) For indexing each page ............... .25 (6) For certifying costs ............... 2.50 (7) For authentication certificate ............... 5.00 (8) For filing an application for appointment to serve civil process under Supreme Court Administrative Order Number 20............... 140.00 (9) For filing a renewal of an appointment to serve civil process under Supreme Court Administrative Order Number 20 ............... 50.00. (c) The fees to be charged by the circuit court clerks of this state to the Department of Finance and Administration shall be as follows: (1) For filing a certificate of indebtedness issued by the Department of Finance and Administration ............... 8.00 (2) For filing a release of a certificate of indebtedness ............... 6.00 (3) For an execution on a certificate of indebtedness filed by the Department of Finance and Administration ............... 10.00. Amended by Act 2013, No. 68,§ 1, eff. 8/16/2013. Acts 1945, No. 55, § 1; 1977, No. 333, § 2; A.S.A. 1947, § 12-1710; Acts 1999, No. 1081, § 7; 2003, No. 1765, § 26; 2005, No. 919, § 1; 2005, No. 1934, § 14; 2009, No. 328, § 6; 2011, No. 1145, § 1.

(a) (1) The fees to be charged by the clerks of the circuit courts for the following matters in the circuit courts in the state shall be as prescribed in this section. (2) No portion of these fees shall be refunded.

(1) The fees to be charged by the clerks of the circuit courts for the following matters in the circuit courts in the state shall be as prescribed in this section.

(2) No portion of these fees shall be refunded.

(b) The fees shall be: (1) For drawing and issuing, sealing any summons, subpoena ............... $2.50 (2) For writs or executions ............... 20.00 (3) For certificate and seal ............... 5.00 (4) For making and preparing any transcript: (A) Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages; (B) Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000); (C) One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000); (D) One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and (E) Fifty cents (50¢) per page for any page over four thousand one (4,001); (5) For indexing each page ............... .25 (6) For certifying costs ............... 2.50 (7) For authentication certificate ............... 5.00 (8) For filing an application for appointment to serve civil process under Supreme Court Administrative Order Number 20............... 140.00 (9) For filing a renewal of an appointment to serve civil process under Supreme Court Administrative Order Number 20 ............... 50.00.

(1) For drawing and issuing, sealing any summons, subpoena ............... $2.50

(2) For writs or executions ............... 20.00

(3) For certificate and seal ............... 5.00

(4) For making and preparing any transcript: (A) Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages; (B) Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000); (C) One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000); (D) One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and (E) Fifty cents (50¢) per page for any page over four thousand one (4,001);

(A) Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages;

(B) Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000);

(C) One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000);

(D) One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and

(E) Fifty cents (50¢) per page for any page over four thousand one (4,001);

(5) For indexing each page ............... .25

(6) For certifying costs ............... 2.50

(7) For authentication certificate ............... 5.00

(8) For filing an application for appointment to serve civil process under Supreme Court Administrative Order Number 20............... 140.00

(9) For filing a renewal of an appointment to serve civil process under Supreme Court Administrative Order Number 20 ............... 50.00.

(c) The fees to be charged by the circuit court clerks of this state to the Department of Finance and Administration shall be as follows: (1) For filing a certificate of indebtedness issued by the Department of Finance and Administration ............... 8.00 (2) For filing a release of a certificate of indebtedness ............... 6.00 (3) For an execution on a certificate of indebtedness filed by the Department of Finance and Administration ............... 10.00.

(1) For filing a certificate of indebtedness issued by the Department of Finance and Administration ............... 8.00

(2) For filing a release of a certificate of indebtedness ............... 6.00

(3) For an execution on a certificate of indebtedness filed by the Department of Finance and Administration ............... 10.00.

Amended by Act 2013, No. 68,§ 1, eff. 8/16/2013.

Acts 1945, No. 55, § 1; 1977, No. 333, § 2; A.S.A. 1947, § 12-1710; Acts 1999, No. 1081, § 7; 2003, No. 1765, § 26; 2005, No. 919, § 1; 2005, No. 1934, § 14; 2009, No. 328, § 6; 2011, No. 1145, § 1.
Ark. Code Ann. § 21-8-604 — AR Code / Title 21 / Chapter 8 / Subchapter 6 / Section 21-8-604
Activity reports - Required contents
Status: in_force

(a) The lobbyist activity reports shall be signed and sworn to by the registered lobbyist. (b) The reports shall contain: (1) (A) The total of all expenditures made or incurred by the registered lobbyist or on behalf of the registered lobbyist by his or her employer or any officer, employee, or agent during the preceding period. (B) These totals shall be itemized according to financial category and employers and clients, including food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, and other expenses or services. (C) Registered lobbyists shall not be required to report office expenses other than office expenses specifically required to be reported under this section. (D) Registered lobbyists are not required to report unreimbursed personal living and travel expenses not incurred directly for lobbying; (2) (A) An itemized listing of each: (i) Gift given to a public servant or on behalf of the public servant; (ii) Payment for food, lodging, or travel in excess of forty dollars ($40.00) on behalf of a public servant; and (iii) Any other item paid or given to a public servant or on behalf of the public servant, except for campaign contributions, having a value in excess of forty dollars ($40.00) unless consideration of equal or greater value has been given therefor. If the person receiving or to be benefited by the item is a public employee, the person's governmental body shall be identified. (B) Each item shall be identified by date, amount paid or value, and the name of the individual receiving or to be benefited by the item, and a description of the item. (C) In the case of special events, including parties, dinners, athletic events, entertainment, and other functions, expenses need not be allocated by individuals. The information reported for a special event shall include: (i) The date of the event; (ii) The name of the event; (iii) The location of the event; (iv) The name of the governmental body or group of public servants invited; (v) The exact amount paid by the lobbyist toward the total expenditure; and (vi) The name of the lobbyist's employer or client making the expenditure and the names of all other lobbyists sharing in the cost of the payment; (3) A detailed statement of any money loaned or promised or line of credit established to a public servant or to anyone on behalf of the public servant in excess of twenty-five dollars ($25.00) per individual. Money loaned or a line of credit established that is issued in the ordinary course of business by a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed; and (4) A statement detailing the direct business association or partnership with any public servant before whom the lobbyist may engage in lobbying. (c) Whenever the name of a public servant will appear in an activity report of a lobbyist, the lobbyist shall notify the public servant and provide him or her the information being reported. The lobbyist shall mail or deliver the notification to the public servant not later than seven (7) working days prior to the date for filing the activity report. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 1997, No. 114, § 1; 1999, No. 553, § 39; 2001, No. 1839, §§ 28, 34.

(a) The lobbyist activity reports shall be signed and sworn to by the registered lobbyist.

(b) The reports shall contain: (1) (A) The total of all expenditures made or incurred by the registered lobbyist or on behalf of the registered lobbyist by his or her employer or any officer, employee, or agent during the preceding period. (B) These totals shall be itemized according to financial category and employers and clients, including food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, and other expenses or services. (C) Registered lobbyists shall not be required to report office expenses other than office expenses specifically required to be reported under this section. (D) Registered lobbyists are not required to report unreimbursed personal living and travel expenses not incurred directly for lobbying; (2) (A) An itemized listing of each: (i) Gift given to a public servant or on behalf of the public servant; (ii) Payment for food, lodging, or travel in excess of forty dollars ($40.00) on behalf of a public servant; and (iii) Any other item paid or given to a public servant or on behalf of the public servant, except for campaign contributions, having a value in excess of forty dollars ($40.00) unless consideration of equal or greater value has been given therefor. If the person receiving or to be benefited by the item is a public employee, the person's governmental body shall be identified. (B) Each item shall be identified by date, amount paid or value, and the name of the individual receiving or to be benefited by the item, and a description of the item. (C) In the case of special events, including parties, dinners, athletic events, entertainment, and other functions, expenses need not be allocated by individuals. The information reported for a special event shall include: (i) The date of the event; (ii) The name of the event; (iii) The location of the event; (iv) The name of the governmental body or group of public servants invited; (v) The exact amount paid by the lobbyist toward the total expenditure; and (vi) The name of the lobbyist's employer or client making the expenditure and the names of all other lobbyists sharing in the cost of the payment; (3) A detailed statement of any money loaned or promised or line of credit established to a public servant or to anyone on behalf of the public servant in excess of twenty-five dollars ($25.00) per individual. Money loaned or a line of credit established that is issued in the ordinary course of business by a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed; and (4) A statement detailing the direct business association or partnership with any public servant before whom the lobbyist may engage in lobbying.

(1) (A) The total of all expenditures made or incurred by the registered lobbyist or on behalf of the registered lobbyist by his or her employer or any officer, employee, or agent during the preceding period. (B) These totals shall be itemized according to financial category and employers and clients, including food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, and other expenses or services. (C) Registered lobbyists shall not be required to report office expenses other than office expenses specifically required to be reported under this section. (D) Registered lobbyists are not required to report unreimbursed personal living and travel expenses not incurred directly for lobbying;

(A) The total of all expenditures made or incurred by the registered lobbyist or on behalf of the registered lobbyist by his or her employer or any officer, employee, or agent during the preceding period.

(B) These totals shall be itemized according to financial category and employers and clients, including food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, and other expenses or services.

(C) Registered lobbyists shall not be required to report office expenses other than office expenses specifically required to be reported under this section.

(D) Registered lobbyists are not required to report unreimbursed personal living and travel expenses not incurred directly for lobbying;

(2) (A) An itemized listing of each: (i) Gift given to a public servant or on behalf of the public servant; (ii) Payment for food, lodging, or travel in excess of forty dollars ($40.00) on behalf of a public servant; and (iii) Any other item paid or given to a public servant or on behalf of the public servant, except for campaign contributions, having a value in excess of forty dollars ($40.00) unless consideration of equal or greater value has been given therefor. If the person receiving or to be benefited by the item is a public employee, the person's governmental body shall be identified. (B) Each item shall be identified by date, amount paid or value, and the name of the individual receiving or to be benefited by the item, and a description of the item. (C) In the case of special events, including parties, dinners, athletic events, entertainment, and other functions, expenses need not be allocated by individuals. The information reported for a special event shall include: (i) The date of the event; (ii) The name of the event; (iii) The location of the event; (iv) The name of the governmental body or group of public servants invited; (v) The exact amount paid by the lobbyist toward the total expenditure; and (vi) The name of the lobbyist's employer or client making the expenditure and the names of all other lobbyists sharing in the cost of the payment;

(A) An itemized listing of each: (i) Gift given to a public servant or on behalf of the public servant; (ii) Payment for food, lodging, or travel in excess of forty dollars ($40.00) on behalf of a public servant; and (iii) Any other item paid or given to a public servant or on behalf of the public servant, except for campaign contributions, having a value in excess of forty dollars ($40.00) unless consideration of equal or greater value has been given therefor. If the person receiving or to be benefited by the item is a public employee, the person's governmental body shall be identified.

(i) Gift given to a public servant or on behalf of the public servant;

(ii) Payment for food, lodging, or travel in excess of forty dollars ($40.00) on behalf of a public servant; and

(iii) Any other item paid or given to a public servant or on behalf of the public servant, except for campaign contributions, having a value in excess of forty dollars ($40.00) unless consideration of equal or greater value has been given therefor. If the person receiving or to be benefited by the item is a public employee, the person's governmental body shall be identified.

(B) Each item shall be identified by date, amount paid or value, and the name of the individual receiving or to be benefited by the item, and a description of the item.

(C) In the case of special events, including parties, dinners, athletic events, entertainment, and other functions, expenses need not be allocated by individuals. The information reported for a special event shall include: (i) The date of the event; (ii) The name of the event; (iii) The location of the event; (iv) The name of the governmental body or group of public servants invited; (v) The exact amount paid by the lobbyist toward the total expenditure; and (vi) The name of the lobbyist's employer or client making the expenditure and the names of all other lobbyists sharing in the cost of the payment;

(i) The date of the event;

(ii) The name of the event;

(iii) The location of the event;

(iv) The name of the governmental body or group of public servants invited;

(v) The exact amount paid by the lobbyist toward the total expenditure; and

(vi) The name of the lobbyist's employer or client making the expenditure and the names of all other lobbyists sharing in the cost of the payment;

(3) A detailed statement of any money loaned or promised or line of credit established to a public servant or to anyone on behalf of the public servant in excess of twenty-five dollars ($25.00) per individual. Money loaned or a line of credit established that is issued in the ordinary course of business by a financial institution or a person who regularly and customarily extends credit shall not be required to be disclosed; and

(4) A statement detailing the direct business association or partnership with any public servant before whom the lobbyist may engage in lobbying.

(c) Whenever the name of a public servant will appear in an activity report of a lobbyist, the lobbyist shall notify the public servant and provide him or her the information being reported. The lobbyist shall mail or deliver the notification to the public servant not later than seven (7) working days prior to the date for filing the activity report.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 2; 1997, No. 114, § 1; 1999, No. 553, § 39; 2001, No. 1839, §§ 28, 34.
Ark. Code Ann. § 21-1-608 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-608
Notification of rights
Status: in_force

(a) A public employer shall use appropriate means to notify its public employees of their protection and obligations under this subchapter. (b) (1) A public employer shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (81/2" x 11") in size that: (A) Informs a public employee of the provisions of this subchapter; (B) Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and (C) If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline. (2) Arkansas Legislative Audit shall: (A) Prepare the printed sign under subdivision (b)(1) of this section; and (B) Make the sign available electronically on its internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section. Amended by Act 2015, No. 1103,§ 3, eff. 7/22/2015. Acts 1999, No. 1523, § 8.

(a) A public employer shall use appropriate means to notify its public employees of their protection and obligations under this subchapter.

(b) (1) A public employer shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (81/2" x 11") in size that: (A) Informs a public employee of the provisions of this subchapter; (B) Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and (C) If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline. (2) Arkansas Legislative Audit shall: (A) Prepare the printed sign under subdivision (b)(1) of this section; and (B) Make the sign available electronically on its internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section.

(1) A public employer shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (81/2" x 11") in size that: (A) Informs a public employee of the provisions of this subchapter; (B) Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and (C) If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline.

(A) Informs a public employee of the provisions of this subchapter;

(B) Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and

(C) If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline.

(2) Arkansas Legislative Audit shall: (A) Prepare the printed sign under subdivision (b)(1) of this section; and (B) Make the sign available electronically on its internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section.

(A) Prepare the printed sign under subdivision (b)(1) of this section; and

(B) Make the sign available electronically on its internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section.

Amended by Act 2015, No. 1103,§ 3, eff. 7/22/2015.

Acts 1999, No. 1523, § 8.
Ark. Code Ann. § 21-14-309 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-309
Online notarization process
Status: in_force

(a) An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if: (1) The online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act; (2) The online notary public: (A) Is able to verify the principal's identity according to subsection (b) of this section; (B) Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and (C) Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public; (3) For a remotely located individual located outside the United States, an online notary public confirms that the record: (A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and (4) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located. (b) (1) In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter. (2) Identity may be verified by: (A) A notary public's personal knowledge of the person creating the electronic signature; (B) Satisfactory evidence of the identity of the principal from a credible witness; or (C) Each of the following: (i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person; (ii) Credential analysis; and (iii) Identity proofing. (c) A notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception. (d) The electronic notarial certificate for an online notarial act shall include a notation that the notarization is an online notarization. Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.

(a) An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if: (1) The online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act; (2) The online notary public: (A) Is able to verify the principal's identity according to subsection (b) of this section; (B) Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and (C) Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public; (3) For a remotely located individual located outside the United States, an online notary public confirms that the record: (A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and (4) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(1) The online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act;

(2) The online notary public: (A) Is able to verify the principal's identity according to subsection (b) of this section; (B) Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and (C) Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public;

(A) Is able to verify the principal's identity according to subsection (b) of this section;

(B) Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and

(C) Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public;

(3) For a remotely located individual located outside the United States, an online notary public confirms that the record: (A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or

(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

(4) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(b) (1) In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter. (2) Identity may be verified by: (A) A notary public's personal knowledge of the person creating the electronic signature; (B) Satisfactory evidence of the identity of the principal from a credible witness; or (C) Each of the following: (i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person; (ii) Credential analysis; and (iii) Identity proofing.

(1) In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter.

(2) Identity may be verified by: (A) A notary public's personal knowledge of the person creating the electronic signature; (B) Satisfactory evidence of the identity of the principal from a credible witness; or (C) Each of the following: (i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person; (ii) Credential analysis; and (iii) Identity proofing.

(A) A notary public's personal knowledge of the person creating the electronic signature;

(B) Satisfactory evidence of the identity of the principal from a credible witness; or

(C) Each of the following: (i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person; (ii) Credential analysis; and (iii) Identity proofing.

(i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person;

(ii) Credential analysis; and

(iii) Identity proofing.

(c) A notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception.

(d) The electronic notarial certificate for an online notarial act shall include a notation that the notarization is an online notarization.

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