Ark. Code Ann. § 21-15-101 — AR Code / Title 21 / Chapter 15 / Section 21-15-101
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means a person applying for employment with a state agency; (2) "Central registry check" means a review of the databases of the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care pursuant to 42 C.F.R. § 483.156 and § 20-10-203 ; (3) "Child" means a minor under eighteen (18) years of age; (4) "Criminal history check" means a criminal history report produced by the Identification Bureau of the Division of Arkansas State Police; (5) "Designated financial or information technology position" means a position designated by a director of a division or office within the Department of Human Services in which the person placed in the position: (A) Has the authority or capability via computer access or otherwise to receive payments or to issue, initiate, or approve a contract, grant, warrant, payment, or procurement in any form; (B) Approves security access to information systems; (C) Authenticates and configures user security access to information systems; (D) Acts in the capacity of information technology network, application, or system administrator; (E) Manages or directs information technology network, application, or system administrators; or (F) Develops, designs, programs, or maintains information technology networks, applications, or systems; (6) "Designated position" means a position in which a person is employed by or contracting with a contractor of a state agency or a state agency to provide care, supervision, treatment, or any other services to the elderly, to mentally ill or developmentally disabled persons, to persons with mental illnesses, or to children who reside in any state-operated facility or a position in which the applicant, contractor, subcontractor, or employee will have direct contact with a child or a person who is elderly, mentally ill, or developmentally disabled; (7) "Direct contact" means the ability to interview, question, examine, interact with, talk with, or communicate with a child without being in the physical presence of a person other than the child; (8) "Elderly" means persons sixty-five (65) years of age or older; (9) "Individual with an intellectual or developmental disability" means a person with a disability that is attributable to: (A) Impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (B) Dyslexia resulting from a disability associated with intellectual and developmental disabilities, cerebral palsy, epilepsy, or autism; or (C) Any other condition found to be closely related to intellectual and developmental disabilities as described in subdivision (9)(A) of this section because it results in an impairment of general intellectual functioning or adaptive behavior similar to those of persons with intellectual and developmental disabilities or requires treatment and services similar to those required for persons with intellectual and developmental disabilities; (10) (A) "Mentally ill persons" means persons who suffer from a substantial impairment of emotional processes, or of the ability to exercise conscious control of their actions, or of the ability to perceive reality or to reason when the impairment is manifested in instances of extremely abnormal behavior or extremely faulty perceptions. (B) "Mentally ill persons" does not include persons whose impairment is solely caused by epilepsy, continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substance such as alcohol or drugs; and (11) (A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly. (B) "State agency" does not include municipalities, townships, counties, school districts, and state-supported institutions of higher education. Amended by Act 2019, No. 1035,§ 49, eff. 7/24/2019. Amended by Act 2019, No. 318,§ 10, eff. 7/24/2019. Acts 1997, No. 1019, § 1; 1999, No. 1409, § 9; 2001, No. 995, § 1; 2005, No. 1422, § 1; 2007, No. 991, § 1; 2011, No. 68, § 4.

As used in this subchapter:

(1) "Applicant" means a person applying for employment with a state agency;

(2) "Central registry check" means a review of the databases of the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care pursuant to 42 C.F.R. § 483.156 and § 20-10-203 ;

(3) "Child" means a minor under eighteen (18) years of age;

(4) "Criminal history check" means a criminal history report produced by the Identification Bureau of the Division of Arkansas State Police;

(5) "Designated financial or information technology position" means a position designated by a director of a division or office within the Department of Human Services in which the person placed in the position: (A) Has the authority or capability via computer access or otherwise to receive payments or to issue, initiate, or approve a contract, grant, warrant, payment, or procurement in any form; (B) Approves security access to information systems; (C) Authenticates and configures user security access to information systems; (D) Acts in the capacity of information technology network, application, or system administrator; (E) Manages or directs information technology network, application, or system administrators; or (F) Develops, designs, programs, or maintains information technology networks, applications, or systems;

(A) Has the authority or capability via computer access or otherwise to receive payments or to issue, initiate, or approve a contract, grant, warrant, payment, or procurement in any form;

(B) Approves security access to information systems;

(C) Authenticates and configures user security access to information systems;

(D) Acts in the capacity of information technology network, application, or system administrator;

(E) Manages or directs information technology network, application, or system administrators; or

(F) Develops, designs, programs, or maintains information technology networks, applications, or systems;

(6) "Designated position" means a position in which a person is employed by or contracting with a contractor of a state agency or a state agency to provide care, supervision, treatment, or any other services to the elderly, to mentally ill or developmentally disabled persons, to persons with mental illnesses, or to children who reside in any state-operated facility or a position in which the applicant, contractor, subcontractor, or employee will have direct contact with a child or a person who is elderly, mentally ill, or developmentally disabled;

(7) "Direct contact" means the ability to interview, question, examine, interact with, talk with, or communicate with a child without being in the physical presence of a person other than the child;

(8) "Elderly" means persons sixty-five (65) years of age or older;

(9) "Individual with an intellectual or developmental disability" means a person with a disability that is attributable to: (A) Impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (B) Dyslexia resulting from a disability associated with intellectual and developmental disabilities, cerebral palsy, epilepsy, or autism; or (C) Any other condition found to be closely related to intellectual and developmental disabilities as described in subdivision (9)(A) of this section because it results in an impairment of general intellectual functioning or adaptive behavior similar to those of persons with intellectual and developmental disabilities or requires treatment and services similar to those required for persons with intellectual and developmental disabilities;

(A) Impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;

(B) Dyslexia resulting from a disability associated with intellectual and developmental disabilities, cerebral palsy, epilepsy, or autism; or

(C) Any other condition found to be closely related to intellectual and developmental disabilities as described in subdivision (9)(A) of this section because it results in an impairment of general intellectual functioning or adaptive behavior similar to those of persons with intellectual and developmental disabilities or requires treatment and services similar to those required for persons with intellectual and developmental disabilities;

(10) (A) "Mentally ill persons" means persons who suffer from a substantial impairment of emotional processes, or of the ability to exercise conscious control of their actions, or of the ability to perceive reality or to reason when the impairment is manifested in instances of extremely abnormal behavior or extremely faulty perceptions. (B) "Mentally ill persons" does not include persons whose impairment is solely caused by epilepsy, continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substance such as alcohol or drugs; and

(A) "Mentally ill persons" means persons who suffer from a substantial impairment of emotional processes, or of the ability to exercise conscious control of their actions, or of the ability to perceive reality or to reason when the impairment is manifested in instances of extremely abnormal behavior or extremely faulty perceptions.

(B) "Mentally ill persons" does not include persons whose impairment is solely caused by epilepsy, continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substance such as alcohol or drugs; and

(11) (A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly. (B) "State agency" does not include municipalities, townships, counties, school districts, and state-supported institutions of higher education.

(A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly.

(B) "State agency" does not include municipalities, townships, counties, school districts, and state-supported institutions of higher education.

Amended by Act 2019, No. 1035,§ 49, eff. 7/24/2019.

Amended by Act 2019, No. 318,§ 10, eff. 7/24/2019.

Acts 1997, No. 1019, § 1; 1999, No. 1409, § 9; 2001, No. 995, § 1; 2005, No. 1422, § 1; 2007, No. 991, § 1; 2011, No. 68, § 4.
Ark. Code Ann. § 21-1-602 — AR Code / Title 21 / Chapter 1 / Subchapter 6 / Section 21-1-602
Definitions
Status: in_force

As used in this subchapter: (1) "Adverse action" means to discharge, threaten, or otherwise discriminate or retaliate against a public employee in any manner that affects the employee's employment, including compensation, job location, rights, immunities, promotions, or privileges; (2) (A) "Appropriate authority" means: (i) A state, county, or municipal government department, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or (ii) A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization. (B) "Appropriate authority" includes, but is not limited to, the office of the Attorney General, the office of the Auditor of State, the Arkansas Ethics Commission, the Legislative Joint Auditing Committee and Arkansas Legislative Audit, and the offices of the various prosecuting attorneys having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; (3) "Communicate" means to give a verbal or written report to an appropriate authority; (4) (A) "Public employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a public employer. (B) "Public employee" includes without limitation a state employee under § 21-1-610 ; (5) "Public employer" means any of the following: (A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions; (B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education; (C) The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and prosecuting attorneys' offices; (D) An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or (E) A public school district, school, or an office or department of a public school district in Arkansas; (6) "Violation" means an infraction or a breach which is not of a merely technical or minimal nature of a state statute or rule, of a political subdivision ordinance or regulation, or of a code of conduct or code of ethics designed to protect the interest of the public or a public employer; (7) "Waste" means a public employer's conduct or omissions which result in substantial abuse, misuse, destruction, or loss of public funds, property, or manpower belonging to or derived from the state or local political subdivision's resources; and (8) "Whistle-blower" means a person who witnesses or has evidence of a waste or violation while employed with a public employer and who communicates in good faith or testifies to the waste or violation, verbally or in writing, to one of the employee's superiors, to an agent of the public employer, or to an appropriate authority, provided that the communication is made prior to any adverse action by the employer. Amended by Act 2019, No. 315,§ 2316, eff. 7/24/2019. Amended by Act 2013, No. 211,§ 1, eff. 8/16/2013. Acts 1999, No. 1523, § 2; 2005, No. 2190, § 21.

As used in this subchapter:

(1) "Adverse action" means to discharge, threaten, or otherwise discriminate or retaliate against a public employee in any manner that affects the employee's employment, including compensation, job location, rights, immunities, promotions, or privileges;

(2) (A) "Appropriate authority" means: (i) A state, county, or municipal government department, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or (ii) A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization. (B) "Appropriate authority" includes, but is not limited to, the office of the Attorney General, the office of the Auditor of State, the Arkansas Ethics Commission, the Legislative Joint Auditing Committee and Arkansas Legislative Audit, and the offices of the various prosecuting attorneys having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste;

(A) "Appropriate authority" means: (i) A state, county, or municipal government department, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or (ii) A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization.

(i) A state, county, or municipal government department, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or

(ii) A member, officer, agent, investigator, auditor, representative, or supervisory employee of the body, agency, or organization.

(B) "Appropriate authority" includes, but is not limited to, the office of the Attorney General, the office of the Auditor of State, the Arkansas Ethics Commission, the Legislative Joint Auditing Committee and Arkansas Legislative Audit, and the offices of the various prosecuting attorneys having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste;

(3) "Communicate" means to give a verbal or written report to an appropriate authority;

(4) (A) "Public employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a public employer. (B) "Public employee" includes without limitation a state employee under § 21-1-610 ;

(A) "Public employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a public employer.

(B) "Public employee" includes without limitation a state employee under § 21-1-610 ;

(5) "Public employer" means any of the following: (A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions; (B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education; (C) The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and prosecuting attorneys' offices; (D) An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or (E) A public school district, school, or an office or department of a public school district in Arkansas;

(A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;

(B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;

(C) The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and prosecuting attorneys' offices;

(D) An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or

(E) A public school district, school, or an office or department of a public school district in Arkansas;

(6) "Violation" means an infraction or a breach which is not of a merely technical or minimal nature of a state statute or rule, of a political subdivision ordinance or regulation, or of a code of conduct or code of ethics designed to protect the interest of the public or a public employer;

(7) "Waste" means a public employer's conduct or omissions which result in substantial abuse, misuse, destruction, or loss of public funds, property, or manpower belonging to or derived from the state or local political subdivision's resources; and

(8) "Whistle-blower" means a person who witnesses or has evidence of a waste or violation while employed with a public employer and who communicates in good faith or testifies to the waste or violation, verbally or in writing, to one of the employee's superiors, to an agent of the public employer, or to an appropriate authority, provided that the communication is made prior to any adverse action by the employer.

Amended by Act 2019, No. 315,§ 2316, eff. 7/24/2019.

Amended by Act 2013, No. 211,§ 1, eff. 8/16/2013.

Acts 1999, No. 1523, § 2; 2005, No. 2190, § 21.
Ark. Code Ann. § 21-6-309 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-309
Notaries public
Status: in_force

(a) A notary public authorized to perform notarial acts in this state may charge and collect a fee for a notarial act if the fee: (1) Is a reasonable amount as determined by the notary public; and (2) The fee is disclosed to and agreed upon by the client or principal before executing the notarial act. (b) (1) A notary public who knowingly charges, demands, or receives any fees not provided by law, or who charges, demands, or receives a fee amount that violates subsection (a) of this section, is guilty of a violation. (2) Upon conviction, the notary public shall be fined no less than one hundred dollars ($100) for each offense. Amended by Act 2017, No. 537,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 570,§ 1, eff. 7/22/2015. Acts 1923, No. 142, §§ 1, 2; Pope's Dig., §§ 5685, 5686; Acts 1969, No. 155, § 1; A.S.A. 1947, §§ 12-1733, 12-1739; Acts 1989, No. 304, § 1.

(a) A notary public authorized to perform notarial acts in this state may charge and collect a fee for a notarial act if the fee: (1) Is a reasonable amount as determined by the notary public; and (2) The fee is disclosed to and agreed upon by the client or principal before executing the notarial act.

(1) Is a reasonable amount as determined by the notary public; and

(2) The fee is disclosed to and agreed upon by the client or principal before executing the notarial act.

(b) (1) A notary public who knowingly charges, demands, or receives any fees not provided by law, or who charges, demands, or receives a fee amount that violates subsection (a) of this section, is guilty of a violation. (2) Upon conviction, the notary public shall be fined no less than one hundred dollars ($100) for each offense.

(1) A notary public who knowingly charges, demands, or receives any fees not provided by law, or who charges, demands, or receives a fee amount that violates subsection (a) of this section, is guilty of a violation.

(2) Upon conviction, the notary public shall be fined no less than one hundred dollars ($100) for each offense.

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

Amended by Act 2015, No. 570,§ 1, eff. 7/22/2015.

Acts 1923, No. 142, §§ 1, 2; Pope's Dig., §§ 5685, 5686; Acts 1969, No. 155, § 1; A.S.A. 1947, §§ 12-1733, 12-1739; Acts 1989, No. 304, § 1.
Ark. Code Ann. § 21-4-218 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-218
Foster care leave - When granted - Definition
Status: in_force

(a) As used in this section, "child" means a person who is eighteen (18) years of age or younger. (b) (1) Except for an employee employed in a position included under subsection (e) of this section, each employee is eligible for forty (40) hours per calendar year of foster care leave with pay when a child in foster care has been placed in the home of the employee. (2) No more than forty (40) hours of foster care leave with pay shall be used in a calendar year even if multiple children are placed in the home of the employee at different times. (c) Foster care leave with pay may be granted for the following purposes: (1) Bonding with the child and for adjustment purposes; (2) Attending school placement meetings related to changes due to foster care placement; (3) Attending individualized educational program meetings related to changes due to foster care placement; (4) Attending required court hearings; and (5) Attending required case-planning activities. (d) The employee shall be required to provide his or her state agency with documentation regarding the placement of the child in foster care. (e) Foster care leave with pay shall not be granted to: (1) An emergency, intermittent, probationary, or extra-help employee; or (2) An employee who is eligible for catastrophic leave for maternity purposes for the placement of an infant under one (1) year of age under § 21-4-214 . (f) Foster care leave with pay that is granted under this section: (1) That is unused shall not be carried over to the next calendar year; and (2) Is not compensable to the employee upon termination or retirement. Added by Act 2023, No. 756,§ 2, eff. 8/1/2023.

(a) As used in this section, "child" means a person who is eighteen (18) years of age or younger.

(b) (1) Except for an employee employed in a position included under subsection (e) of this section, each employee is eligible for forty (40) hours per calendar year of foster care leave with pay when a child in foster care has been placed in the home of the employee. (2) No more than forty (40) hours of foster care leave with pay shall be used in a calendar year even if multiple children are placed in the home of the employee at different times.

(1) Except for an employee employed in a position included under subsection (e) of this section, each employee is eligible for forty (40) hours per calendar year of foster care leave with pay when a child in foster care has been placed in the home of the employee.

(2) No more than forty (40) hours of foster care leave with pay shall be used in a calendar year even if multiple children are placed in the home of the employee at different times.

(c) Foster care leave with pay may be granted for the following purposes: (1) Bonding with the child and for adjustment purposes; (2) Attending school placement meetings related to changes due to foster care placement; (3) Attending individualized educational program meetings related to changes due to foster care placement; (4) Attending required court hearings; and (5) Attending required case-planning activities.

(1) Bonding with the child and for adjustment purposes;

(2) Attending school placement meetings related to changes due to foster care placement;

(3) Attending individualized educational program meetings related to changes due to foster care placement;

(4) Attending required court hearings; and

(5) Attending required case-planning activities.

(d) The employee shall be required to provide his or her state agency with documentation regarding the placement of the child in foster care.

(e) Foster care leave with pay shall not be granted to: (1) An emergency, intermittent, probationary, or extra-help employee; or (2) An employee who is eligible for catastrophic leave for maternity purposes for the placement of an infant under one (1) year of age under § 21-4-214 .

(1) An emergency, intermittent, probationary, or extra-help employee; or

(2) An employee who is eligible for catastrophic leave for maternity purposes for the placement of an infant under one (1) year of age under § 21-4-214 .

(f) Foster care leave with pay that is granted under this section: (1) That is unused shall not be carried over to the next calendar year; and (2) Is not compensable to the employee upon termination or retirement.

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

(2) Is not compensable to the employee upon termination or retirement.

Added by Act 2023, No. 756,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-4-201 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-201
Title
Status: in_force

This subchapter may be referred to and cited as the "Uniform Attendance and Leave Policy Act". Acts 1975, No. 567, § 2; A.S.A. 1947, § 12-2365.

This subchapter may be referred to and cited as the "Uniform Attendance and Leave Policy Act".

Acts 1975, No. 567, § 2; A.S.A. 1947, § 12-2365.
Ark. Code Ann. § 21-11-102 — AR Code / Title 21 / Chapter 11 / Section 21-11-102
Penalty
Status: in_force

Any cabinet member or head of a department, agency, board, commission, or other agency of state government who fails to comply with or implement a money-saving suggestions program as outlined in this chapter shall be deemed to be derelict in his or her duties and subject to dismissal. Acts 1981, No. 856, § 12; A.S.A. 1947, § 12-4012.

Any cabinet member or head of a department, agency, board, commission, or other agency of state government who fails to comply with or implement a money-saving suggestions program as outlined in this chapter shall be deemed to be derelict in his or her duties and subject to dismissal.

Acts 1981, No. 856, § 12; A.S.A. 1947, § 12-4012.
Ark. Code Ann. § 21-12-401 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-401
Officer to deliver official records - Penalty for noncompliance
Status: in_force

(a) (1) If any civilian or military officer having any records, books, or papers appertaining to any public office resigns, or his or her office becomes vacant, he or she shall deliver to his or her successor all records, books, and papers. (2) When any officer dies before delivering the records, books, and papers, his or her executor or administrator shall deliver such records, books, and papers to his or her successor. (b) If any officer, or the executor or administrator of any officer, shall fail to deliver the records, books, and papers, he or she shall forfeit any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) to be recovered by civil action, information, or indictment for the use of the county, and he or she shall pay to the person injured by the detention of records, books, and papers all damages which he or she may have sustained in consequence of the detention. Rev. Stat., ch. 121, §§ 1-3; C. & M. Dig., §§ 8332[a]-8334; Pope's Dig., §§ 10928-10930; A.S.A. 1947, §§ 12-2001 -- 12-2003.

(a) (1) If any civilian or military officer having any records, books, or papers appertaining to any public office resigns, or his or her office becomes vacant, he or she shall deliver to his or her successor all records, books, and papers. (2) When any officer dies before delivering the records, books, and papers, his or her executor or administrator shall deliver such records, books, and papers to his or her successor.

(1) If any civilian or military officer having any records, books, or papers appertaining to any public office resigns, or his or her office becomes vacant, he or she shall deliver to his or her successor all records, books, and papers.

(2) When any officer dies before delivering the records, books, and papers, his or her executor or administrator shall deliver such records, books, and papers to his or her successor.

(b) If any officer, or the executor or administrator of any officer, shall fail to deliver the records, books, and papers, he or she shall forfeit any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) to be recovered by civil action, information, or indictment for the use of the county, and he or she shall pay to the person injured by the detention of records, books, and papers all damages which he or she may have sustained in consequence of the detention.

Rev. Stat., ch. 121, §§ 1-3; C. & M. Dig., §§ 8332[a]-8334; Pope's Dig., §§ 10928-10930; A.S.A. 1947, §§ 12-2001 -- 12-2003.
Ark. Code Ann. § 21-5-106 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-106
Annual career service recognition payments for state employees
Status: in_force

(a) (1) (A) Employees of state agencies shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either elected positions or classified or nonclassified positions with a state agency. (B) To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions. (C) Employees who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis. (2) Periods of authorized leave without pay and leave of absence for military service when veterans' reemployment rights are exercised shall not negate eligibility for the payment, provided all other eligibility requirements are met. (b) The Office of Personnel Management shall establish and publish policies and procedures for the administration of career service recognition payments to state employees upon a determination by the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services that sufficient funds are available for such purpose. (c) An employee who meets eligibility requirements established by subsection (a) of this section shall become eligible for annual career service recognition payments on the anniversary date of the completion of such service according to the following schedule: STATE SERVICE ANNUAL PAYMENT 10 through 14 years of state service $ 800 15 through 19 years of state service 1,000 20 through 24 years of state service 1,200 25 or more years of state service 1,500 (d) Career service recognition payments authorized by this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining benefits. Amended by Act 2019, No. 981,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 914,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 365,§ 7, eff. 7/1/2017. Acts 1989, No. 882, §§ 1-4; 1991, No. 566, § 1; 1995, No. 490, § 1; 1999, No. 882, § 2; 2007, No. 386, § 1; 2007, No. 799, § 1; 2009, No. 688, § 3.

(a) (1) (A) Employees of state agencies shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either elected positions or classified or nonclassified positions with a state agency. (B) To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions. (C) Employees who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis. (2) Periods of authorized leave without pay and leave of absence for military service when veterans' reemployment rights are exercised shall not negate eligibility for the payment, provided all other eligibility requirements are met.

(1) (A) Employees of state agencies shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either elected positions or classified or nonclassified positions with a state agency. (B) To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions. (C) Employees who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis.

(A) Employees of state agencies shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either elected positions or classified or nonclassified positions with a state agency.

(B) To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions.

(C) Employees who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis.

(2) Periods of authorized leave without pay and leave of absence for military service when veterans' reemployment rights are exercised shall not negate eligibility for the payment, provided all other eligibility requirements are met.

(b) The Office of Personnel Management shall establish and publish policies and procedures for the administration of career service recognition payments to state employees upon a determination by the Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services that sufficient funds are available for such purpose.

(c) An employee who meets eligibility requirements established by subsection (a) of this section shall become eligible for annual career service recognition payments on the anniversary date of the completion of such service according to the following schedule: STATE SERVICE ANNUAL PAYMENT 10 through 14 years of state service $ 800 15 through 19 years of state service 1,000 20 through 24 years of state service 1,200 25 or more years of state service 1,500

STATE SERVICE ANNUAL PAYMENT 10 through 14 years of state service $ 800 15 through 19 years of state service 1,000 20 through 24 years of state service 1,200 25 or more years of state service 1,500

STATE SERVICE

ANNUAL PAYMENT

10 through 14 years of state service

$ 800

15 through 19 years of state service

1,000

20 through 24 years of state service

1,200

25 or more years of state service

1,500

(d) Career service recognition payments authorized by this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining benefits.

(1) Subject to withholding of all applicable state and federal taxes; and

(2) Included by retirement systems in determining benefits.

Amended by Act 2019, No. 981,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 914,§ 1, eff. 7/24/2019.

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

Acts 1989, No. 882, §§ 1-4; 1991, No. 566, § 1; 1995, No. 490, § 1; 1999, No. 882, § 2; 2007, No. 386, § 1; 2007, No. 799, § 1; 2009, No. 688, § 3.
Ark. Code Ann. § 21-5-1401 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1401
[Repealed]
Status: repealed

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

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

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-3-504 — AR Code / Title 21 / Chapter 3 / Subchapter 5 / Section 21-3-504
Creation and administration
Status: in_force

There is established a cooperative education program for hiring qualified students from eligible institutions of higher education within the State of Arkansas to be administered by the State Personnel Administrator and the Arkansas Cooperative Education Advisory Committee, as provided in this subchapter. Acts 1975, No. 551, § 3; A.S.A. 1947, § 12-2357.

There is established a cooperative education program for hiring qualified students from eligible institutions of higher education within the State of Arkansas to be administered by the State Personnel Administrator and the Arkansas Cooperative Education Advisory Committee, as provided in this subchapter.

Acts 1975, No. 551, § 3; A.S.A. 1947, § 12-2357.
Ark. Code Ann. § 21-5-401 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-401
State and Public School Life and Health Insurance Program established - Legislative intent
Status: in_force

(a) The State and Public School Life and Health Insurance Program is established to manage life and health insurance plan options for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees. (b) It is the purpose of this subchapter to: (1) Direct the State Board of Finance to: (A) Develop the policies, guidance, and directives for the program and to select and offer life and health insurance plan options under the program to participants; and (B) Allow the Insurance Commissioner to serve as a voting member of the board only for the purpose of voting on health benefit plans; (2) Create the Public School Employee Health Benefit Advisory Commission and the State Employee Health Benefit Advisory Commission to recommend life and health insurance plan options under the program for state employees and public school employees; (3) Develop self-funded health plan options that enhance the ability to control premiums and utilize managed care capabilities if feasible and in the best interest of participants; and (4) Enable the board to: (A) Set and manage policies for the program; (B) Work in a concerted effort toward a common goal of parity between public school and state employee insurance programs; (C) Improve the quality of healthcare services under the program; (D) Increase participants' understanding of program features by educating state employees, state employee retirees, public school employees, and public school employee retirees on the program and plan options available under the program, including the advantages and disadvantages of each available plan option; and (E) Slow the rate of growth of healthcare expenses under the program. Amended by Act 2022, No. 114,§ 4, eff. 3/1/2022. Amended by Act 2021, No. 1004,§ 10, eff. 4/28/2021. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, § 1; 1999, No. 1280, § 1; 2007, No. 1009, § 1.

(a) The State and Public School Life and Health Insurance Program is established to manage life and health insurance plan options for the benefit of state employees, state employee retirees, public school employees, and public school employee retirees.

(b) It is the purpose of this subchapter to: (1) Direct the State Board of Finance to: (A) Develop the policies, guidance, and directives for the program and to select and offer life and health insurance plan options under the program to participants; and (B) Allow the Insurance Commissioner to serve as a voting member of the board only for the purpose of voting on health benefit plans; (2) Create the Public School Employee Health Benefit Advisory Commission and the State Employee Health Benefit Advisory Commission to recommend life and health insurance plan options under the program for state employees and public school employees; (3) Develop self-funded health plan options that enhance the ability to control premiums and utilize managed care capabilities if feasible and in the best interest of participants; and (4) Enable the board to: (A) Set and manage policies for the program; (B) Work in a concerted effort toward a common goal of parity between public school and state employee insurance programs; (C) Improve the quality of healthcare services under the program; (D) Increase participants' understanding of program features by educating state employees, state employee retirees, public school employees, and public school employee retirees on the program and plan options available under the program, including the advantages and disadvantages of each available plan option; and (E) Slow the rate of growth of healthcare expenses under the program.

(1) Direct the State Board of Finance to: (A) Develop the policies, guidance, and directives for the program and to select and offer life and health insurance plan options under the program to participants; and (B) Allow the Insurance Commissioner to serve as a voting member of the board only for the purpose of voting on health benefit plans;

(A) Develop the policies, guidance, and directives for the program and to select and offer life and health insurance plan options under the program to participants; and

(B) Allow the Insurance Commissioner to serve as a voting member of the board only for the purpose of voting on health benefit plans;

(2) Create the Public School Employee Health Benefit Advisory Commission and the State Employee Health Benefit Advisory Commission to recommend life and health insurance plan options under the program for state employees and public school employees;

(3) Develop self-funded health plan options that enhance the ability to control premiums and utilize managed care capabilities if feasible and in the best interest of participants; and

(4) Enable the board to: (A) Set and manage policies for the program; (B) Work in a concerted effort toward a common goal of parity between public school and state employee insurance programs; (C) Improve the quality of healthcare services under the program; (D) Increase participants' understanding of program features by educating state employees, state employee retirees, public school employees, and public school employee retirees on the program and plan options available under the program, including the advantages and disadvantages of each available plan option; and (E) Slow the rate of growth of healthcare expenses under the program.

(A) Set and manage policies for the program;

(B) Work in a concerted effort toward a common goal of parity between public school and state employee insurance programs;

(C) Improve the quality of healthcare services under the program;

(D) Increase participants' understanding of program features by educating state employees, state employee retirees, public school employees, and public school employee retirees on the program and plan options available under the program, including the advantages and disadvantages of each available plan option; and

(E) Slow the rate of growth of healthcare expenses under the program.

Amended by Act 2022, No. 114,§ 4, eff. 3/1/2022.

Amended by Act 2021, No. 1004,§ 10, eff. 4/28/2021.

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

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

Acts 1995, No. 1206, § 1; 1999, No. 1280, § 1; 2007, No. 1009, § 1.
Ark. Code Ann. § 21-5-608 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-608
Report of injury, death, or exposure
Status: in_force

(a) The appropriate public employer shall file with the Public Employee Claims Division, within ten (10) days after receiving notice of any personal injury, death, or occupational disease of any public employee, a report: (1) Showing the date, time, and place of the injury, death, or exposure; (2) Stating briefly the circumstances and extent of the injury, death, or exposure; (3) Stating the name of the injured or deceased person; and (4) Stating the names of all the witnesses. (b) The report shall be made on forms approved by the division. Acts 1979, No. 809, § 6; A.S.A. 1947, § 12-3606.

(a) The appropriate public employer shall file with the Public Employee Claims Division, within ten (10) days after receiving notice of any personal injury, death, or occupational disease of any public employee, a report: (1) Showing the date, time, and place of the injury, death, or exposure; (2) Stating briefly the circumstances and extent of the injury, death, or exposure; (3) Stating the name of the injured or deceased person; and (4) Stating the names of all the witnesses.

(1) Showing the date, time, and place of the injury, death, or exposure;

(2) Stating briefly the circumstances and extent of the injury, death, or exposure;

(3) Stating the name of the injured or deceased person; and

(4) Stating the names of all the witnesses.

(b) The report shall be made on forms approved by the division.

Acts 1979, No. 809, § 6; A.S.A. 1947, § 12-3606.
Ark. Code Ann. § 21-12-404 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-404
Notice of application for warrant
Status: in_force

If any person shall hold over or refuse to deliver such records, books, or papers, he or she shall first have notice of the time and place of the application for a warrant to show cause, if any, why the warrant under § 21-12-403 should not be issued. Rev. Stat., ch. 121, § 5; C. & M. Dig., § 8336; Pope's Dig., § 10932; A.S.A. 1947, § 12-2005.

If any person shall hold over or refuse to deliver such records, books, or papers, he or she shall first have notice of the time and place of the application for a warrant to show cause, if any, why the warrant under § 21-12-403 should not be issued.

Rev. Stat., ch. 121, § 5; C. & M. Dig., § 8336; Pope's Dig., § 10932; A.S.A. 1947, § 12-2005.
Ark. Code Ann. § 21-2-802 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-802
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The counties, municipalities, and school districts of this state are increasingly targeted by cyberattacks from malicious actors resulting in substantial risks, damages, and losses; (2) The cost to purchase cybersecurity insurance for coverage of the risks, damages, and losses suffered during a cyberattack is too burdensome for a city, county, or school district; and (3) Considerable savings might be effected by the establishment of a self-funded cyber response program for a cyberattack committed against the counties, municipalities, and school districts of this state and their respective public officials and public employees. (b) By enacting this subchapter, the General Assembly intends to: (1) Establish the Arkansas Self-Funded Cyber Response Program for participating governmental entities and to establish the Arkansas Cyber Response Board to administer the program; and (2) Provide that the program is in lieu of, or in addition to, various cybersecurity insurance policies and to thereby effectuate substantial savings in the cost of a response to a cyberattack for those participating governmental entities. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) The General Assembly finds that: (1) The counties, municipalities, and school districts of this state are increasingly targeted by cyberattacks from malicious actors resulting in substantial risks, damages, and losses; (2) The cost to purchase cybersecurity insurance for coverage of the risks, damages, and losses suffered during a cyberattack is too burdensome for a city, county, or school district; and (3) Considerable savings might be effected by the establishment of a self-funded cyber response program for a cyberattack committed against the counties, municipalities, and school districts of this state and their respective public officials and public employees.

(1) The counties, municipalities, and school districts of this state are increasingly targeted by cyberattacks from malicious actors resulting in substantial risks, damages, and losses;

(2) The cost to purchase cybersecurity insurance for coverage of the risks, damages, and losses suffered during a cyberattack is too burdensome for a city, county, or school district; and

(3) Considerable savings might be effected by the establishment of a self-funded cyber response program for a cyberattack committed against the counties, municipalities, and school districts of this state and their respective public officials and public employees.

(b) By enacting this subchapter, the General Assembly intends to: (1) Establish the Arkansas Self-Funded Cyber Response Program for participating governmental entities and to establish the Arkansas Cyber Response Board to administer the program; and (2) Provide that the program is in lieu of, or in addition to, various cybersecurity insurance policies and to thereby effectuate substantial savings in the cost of a response to a cyberattack for those participating governmental entities.

(1) Establish the Arkansas Self-Funded Cyber Response Program for participating governmental entities and to establish the Arkansas Cyber Response Board to administer the program; and

(2) Provide that the program is in lieu of, or in addition to, various cybersecurity insurance policies and to thereby effectuate substantial savings in the cost of a response to a cyberattack for those participating governmental entities.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-6-307 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-307
Sheriffs
Status: in_force

(a) The following fees shall be charged by each of the sheriffs of the several counties of the State of Arkansas: (1) For serving every summons, capias, scire facias, attachment, writ of garnishment, writ of injunction, or subpoena ............... $ 30.00 (2) For serving a writ of execution ............... 100.00 (3) For commission for receiving and paying money on execution or process when lands or goods have been taken into custody, advertised, or sold ............... 10% (4) For every return of a writ, summons, or subpoena, original or judicial ............... 20.00 (5) For executing a writ of inquiry ............... 20.00 (6) For executing a certificate of purchase for real estate under execution ............... 20.00 (7) For making, executing, and subscribing a sheriff's deed to be paid by purchaser ............... 30.00 (8) For serving each order, notice, or rule of any court ............... 30.00 (9) For serving each notice to vacate ............... 30.00 (10) For advertising goods or lands for sale ............... 30.00 (11) For returning each execution or attachment ............... 20.00 (12) For advertising elections in each voting precinct ............... 20.00 (13) For delivering voter registration books for each voting precinct ............... 20.00 (14) For serving warrant or order of arrest from any court ............... 50.00 (15) For taking and entering every bail or delivery bond ............... 20.00 (16) For attending every trial of a criminal or civil case of confession in open court ............... 20.00 (17) For serving subpoena for special jurors ............... 20.00. (b) (1) Seventy-five percent (75%) of all fees collected by the sheriff shall be paid into the county treasury in the manner provided by law, or to the person entitled to receive the money, or to his or her order, or to his or her attorney of record. (2) (A) The remaining twenty-five percent (25%) of all fees collected by the sheriff shall be used by the sheriff to establish a special fund to be known as the "communications facility and equipment fund". (B) All funds so designated shall be invested by the sheriff in an interest-bearing account or certificate of deposit into one (1) or more banking institutions domiciled within the State of Arkansas and insured by the Federal Deposit Insurance Corporation. (C) All sums paid into the communications facility and equipment fund by the sheriff may accumulate as to principal and interest until such time as the deposits or a portion thereof are needed by the sheriff to: (i) Train operations staff; (ii) Operate, equip, repair, or replace existing communications equipment; (iii) Purchase additional communications equipment; (iv) Otherwise improve a communications facility or system for the sheriff's department; or (v) Purchase vehicles, weapons, or other equipment for the sheriff's department. (D) At the discretion of the sheriff, any funds not needed by the sheriff for any of the purposes under this subdivision (b)(2) may be transferred to the county general fund. (c) The court clerk shall on or before the fifteenth day of each month transmit to the sheriff the fees collected under this section, and the sheriff shall dispose of the fees as provided in this section. (d) If more persons than one (1) are named in a writ, process, or subpoena, fees shall be charged for each named, unless parties reside or are employed in the same location. (e) The fees provided shall be for serving of process from any of the several courts of the county. (f) The fees set forth in this section shall be the sole and exclusive fees to be charged by the sheriffs of the several counties of this state for each of the services enumerated in this section. Amended by Act 2015, No. 741,§ 3, eff. 1/1/2016. Acts 1977, No. 399, § 1; 1981, No. 256, § 1; 1983, No. 717, § 1; 1985, No. 851, § 1; A.S.A. 1947, § 12-1722; Acts 1995, No. 662, § 1; 2001, No. 1427, § 1; 2003, No. 1338, § 1.

(a) The following fees shall be charged by each of the sheriffs of the several counties of the State of Arkansas: (1) For serving every summons, capias, scire facias, attachment, writ of garnishment, writ of injunction, or subpoena ............... $ 30.00 (2) For serving a writ of execution ............... 100.00 (3) For commission for receiving and paying money on execution or process when lands or goods have been taken into custody, advertised, or sold ............... 10% (4) For every return of a writ, summons, or subpoena, original or judicial ............... 20.00 (5) For executing a writ of inquiry ............... 20.00 (6) For executing a certificate of purchase for real estate under execution ............... 20.00 (7) For making, executing, and subscribing a sheriff's deed to be paid by purchaser ............... 30.00 (8) For serving each order, notice, or rule of any court ............... 30.00 (9) For serving each notice to vacate ............... 30.00 (10) For advertising goods or lands for sale ............... 30.00 (11) For returning each execution or attachment ............... 20.00 (12) For advertising elections in each voting precinct ............... 20.00 (13) For delivering voter registration books for each voting precinct ............... 20.00 (14) For serving warrant or order of arrest from any court ............... 50.00 (15) For taking and entering every bail or delivery bond ............... 20.00 (16) For attending every trial of a criminal or civil case of confession in open court ............... 20.00 (17) For serving subpoena for special jurors ............... 20.00.

(1) For serving every summons, capias, scire facias, attachment, writ of garnishment, writ of injunction, or subpoena ............... $ 30.00

(2) For serving a writ of execution ............... 100.00

(3) For commission for receiving and paying money on execution or process when lands or goods have been taken into custody, advertised, or sold ............... 10%

(4) For every return of a writ, summons, or subpoena, original or judicial ............... 20.00

(5) For executing a writ of inquiry ............... 20.00

(6) For executing a certificate of purchase for real estate under execution ............... 20.00

(7) For making, executing, and subscribing a sheriff's deed to be paid by purchaser ............... 30.00

(8) For serving each order, notice, or rule of any court ............... 30.00

(9) For serving each notice to vacate ............... 30.00

(10) For advertising goods or lands for sale ............... 30.00

(11) For returning each execution or attachment ............... 20.00

(12) For advertising elections in each voting precinct ............... 20.00

(13) For delivering voter registration books for each voting precinct ............... 20.00

(14) For serving warrant or order of arrest from any court ............... 50.00

(15) For taking and entering every bail or delivery bond ............... 20.00

(16) For attending every trial of a criminal or civil case of confession in open court ............... 20.00

(17) For serving subpoena for special jurors ............... 20.00.

(b) (1) Seventy-five percent (75%) of all fees collected by the sheriff shall be paid into the county treasury in the manner provided by law, or to the person entitled to receive the money, or to his or her order, or to his or her attorney of record. (2) (A) The remaining twenty-five percent (25%) of all fees collected by the sheriff shall be used by the sheriff to establish a special fund to be known as the "communications facility and equipment fund". (B) All funds so designated shall be invested by the sheriff in an interest-bearing account or certificate of deposit into one (1) or more banking institutions domiciled within the State of Arkansas and insured by the Federal Deposit Insurance Corporation. (C) All sums paid into the communications facility and equipment fund by the sheriff may accumulate as to principal and interest until such time as the deposits or a portion thereof are needed by the sheriff to: (i) Train operations staff; (ii) Operate, equip, repair, or replace existing communications equipment; (iii) Purchase additional communications equipment; (iv) Otherwise improve a communications facility or system for the sheriff's department; or (v) Purchase vehicles, weapons, or other equipment for the sheriff's department. (D) At the discretion of the sheriff, any funds not needed by the sheriff for any of the purposes under this subdivision (b)(2) may be transferred to the county general fund.

(1) Seventy-five percent (75%) of all fees collected by the sheriff shall be paid into the county treasury in the manner provided by law, or to the person entitled to receive the money, or to his or her order, or to his or her attorney of record.

(2) (A) The remaining twenty-five percent (25%) of all fees collected by the sheriff shall be used by the sheriff to establish a special fund to be known as the "communications facility and equipment fund". (B) All funds so designated shall be invested by the sheriff in an interest-bearing account or certificate of deposit into one (1) or more banking institutions domiciled within the State of Arkansas and insured by the Federal Deposit Insurance Corporation. (C) All sums paid into the communications facility and equipment fund by the sheriff may accumulate as to principal and interest until such time as the deposits or a portion thereof are needed by the sheriff to: (i) Train operations staff; (ii) Operate, equip, repair, or replace existing communications equipment; (iii) Purchase additional communications equipment; (iv) Otherwise improve a communications facility or system for the sheriff's department; or (v) Purchase vehicles, weapons, or other equipment for the sheriff's department. (D) At the discretion of the sheriff, any funds not needed by the sheriff for any of the purposes under this subdivision (b)(2) may be transferred to the county general fund.

(A) The remaining twenty-five percent (25%) of all fees collected by the sheriff shall be used by the sheriff to establish a special fund to be known as the "communications facility and equipment fund".

(B) All funds so designated shall be invested by the sheriff in an interest-bearing account or certificate of deposit into one (1) or more banking institutions domiciled within the State of Arkansas and insured by the Federal Deposit Insurance Corporation.

(C) All sums paid into the communications facility and equipment fund by the sheriff may accumulate as to principal and interest until such time as the deposits or a portion thereof are needed by the sheriff to: (i) Train operations staff; (ii) Operate, equip, repair, or replace existing communications equipment; (iii) Purchase additional communications equipment; (iv) Otherwise improve a communications facility or system for the sheriff's department; or (v) Purchase vehicles, weapons, or other equipment for the sheriff's department.

(i) Train operations staff;

(ii) Operate, equip, repair, or replace existing communications equipment;

(iii) Purchase additional communications equipment;

(iv) Otherwise improve a communications facility or system for the sheriff's department; or

(v) Purchase vehicles, weapons, or other equipment for the sheriff's department.

(D) At the discretion of the sheriff, any funds not needed by the sheriff for any of the purposes under this subdivision (b)(2) may be transferred to the county general fund.

(c) The court clerk shall on or before the fifteenth day of each month transmit to the sheriff the fees collected under this section, and the sheriff shall dispose of the fees as provided in this section.

(d) If more persons than one (1) are named in a writ, process, or subpoena, fees shall be charged for each named, unless parties reside or are employed in the same location.

(e) The fees provided shall be for serving of process from any of the several courts of the county.

(f) The fees set forth in this section shall be the sole and exclusive fees to be charged by the sheriffs of the several counties of this state for each of the services enumerated in this section.

Amended by Act 2015, No. 741,§ 3, eff. 1/1/2016.

Acts 1977, No. 399, § 1; 1981, No. 256, § 1; 1983, No. 717, § 1; 1985, No. 851, § 1; A.S.A. 1947, § 12-1722; Acts 1995, No. 662, § 1; 2001, No. 1427, § 1; 2003, No. 1338, § 1.
Ark. Code Ann. § 21-8-903 — AR Code / Title 21 / Chapter 8 / Subchapter 9 / Section 21-8-903
Penalty
Status: in_force

Any person who purposely violates the provisions of this subchapter shall be deemed guilty of a Class A misdemeanor. Acts 1991, No. 808, § 1.

Any person who purposely violates the provisions of this subchapter shall be deemed guilty of a Class A misdemeanor.

Acts 1991, No. 808, § 1.
Ark. Code Ann. § 21-13-106 — AR Code / Title 21 / Chapter 13 / Section 21-13-106
Exemption from employment laws
Status: in_force

(a) Volunteers recruited, trained, or accepted by any department shall, to the extent of their volunteer service, be exempted from all provisions of law relative to state employment, hours of work, return or compensation, leave time, and employee benefits. (b) Volunteers shall, however, at all times comply with applicable work rules. Acts 1981, No. 42, § 3; A.S.A. 1947, § 12-3703.

(a) Volunteers recruited, trained, or accepted by any department shall, to the extent of their volunteer service, be exempted from all provisions of law relative to state employment, hours of work, return or compensation, leave time, and employee benefits.

(b) Volunteers shall, however, at all times comply with applicable work rules.

Acts 1981, No. 42, § 3; A.S.A. 1947, § 12-3703.
Ark. Code Ann. § 21-4-313 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-313
Commission, oath of deputy, or substitute
Status: in_force

(a) It shall not be required that a commission issue to any person appointed to fill any office or position of one who has been granted a leave of absence under the provisions of this subchapter. (b) Every person so appointed shall be required to take and subscribe to the same oath as the officer or employer was required to take before he or she entered upon the performance of the duties of the office or position. Acts 1943, No. 247, § 16; A.S.A. 1947, § 12-2316.

(a) It shall not be required that a commission issue to any person appointed to fill any office or position of one who has been granted a leave of absence under the provisions of this subchapter.

(b) Every person so appointed shall be required to take and subscribe to the same oath as the officer or employer was required to take before he or she entered upon the performance of the duties of the office or position.

Acts 1943, No. 247, § 16; A.S.A. 1947, § 12-2316.
Ark. Code Ann. § 21-5-1406 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1406
[Repealed]
Status: repealed

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

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

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

Amended by Act 2019, No. 763,§ 2, eff. 7/1/2019.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-9-204 — AR Code / Title 21 / Chapter 9 / Subchapter 2 / Section 21-9-204
Effect of employee insurance
Status: in_force

Damages payable under this subchapter shall be reduced to the extent that the officer or employee has been indemnified or is entitled to indemnification under any contract of insurance. Acts 1977, No. 543, § 3; A.S.A. 1947, § 12-3403.

Damages payable under this subchapter shall be reduced to the extent that the officer or employee has been indemnified or is entitled to indemnification under any contract of insurance.

Acts 1977, No. 543, § 3; A.S.A. 1947, § 12-3403.
Ark. Code Ann. § 21-8-405 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-405
Provisions supplemental
Status: in_force

This subchapter, § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq. are supplemental to any other law pertaining to ethics or conflicts of interest and do not repeal any other law except for a law specifically repealed by this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., or § 21-8-801 et seq. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; 2007, No. 827, § 179.

This subchapter, § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq. are supplemental to any other law pertaining to ethics or conflicts of interest and do not repeal any other law except for a law specifically repealed by this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., or § 21-8-801 et seq.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 1; 2007, No. 827, § 179.
Ark. Code Ann. § 21-5-607 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-607
Claim, review, and appeal procedures
Status: in_force

To the extent not in conflict with this subchapter, the method and procedure of filing claims on behalf of the public employee and the review and appeal of compensation orders or awards of the Workers' Compensation Commission shall be the same as those provided by law and the rules of the commission, with respect to claims filed by private employers and employees. Amended by Act 2019, No. 315,§ 2325, eff. 7/24/2019. Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605.

To the extent not in conflict with this subchapter, the method and procedure of filing claims on behalf of the public employee and the review and appeal of compensation orders or awards of the Workers' Compensation Commission shall be the same as those provided by law and the rules of the commission, with respect to claims filed by private employers and employees.

Amended by Act 2019, No. 315,§ 2325, eff. 7/24/2019.

Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605.
Ark. Code Ann. § 21-5-410 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-410
Eligibility generally - Definition
Status: in_force

(a) Individuals eligible to participate in the State and Public School Life and Health Insurance Program include: (1) All active state employees, active public school employees, or other eligible employees of a participating entity or participating institution; (2) Members of the General Assembly; (3) Elected constitutional officers; (4) Appointed or elected board and commission members who are on a full-time salaried basis; and (5) (A) Those state contract employees hired by the Arkansas National Guard on a full-time basis in accordance with 10 U.S.C. § 2304 . (B) Program participation for contract employees of the Arkansas National Guard is conditioned upon the United States Government's contributing the employer's share to the Employee Benefits Division. (b) Program participation for a state employee is conditioned upon the state employee's being in a budgeted state employee position or a position authorized by the General Assembly. (c) A state employee is one whose actual performance of duty requires one thousand (1,000) or more working hours per year. (d) If a participating institution discontinues its participation in the program, then the participating institution shall not re-participate in the program for two (2) years after the institution's final date of participation in the program unless the Director of the Employee Benefits Division gives his or her consent to an earlier date. (e) Participants are not allowed simultaneous participation in benefits provided by the state employee insurance plan or the public school employee insurance plan. (f) The Arkansas State Police Health Benefit Plan is exempt from any mandatory participation required by this section. (g) (1) The following persons are eligible to participate in the program: (A) A public school employee who is in a position that requires on average at least thirty (30) hours per week of actual performance of duty during the annual school year; and (B) A full-time school bus driver who is employed by a public school district to drive regular routes during the annual school year. (2) A public school employee who is not a full-time school bus driver and who is in a variable hour position is ineligible to participate in the program. (h) As used in this section, "full-time school bus driver" means a person: (1) Who contracts with a public school district to operate a school bus for at least seven hundred twenty (720) hours during the school year; (2) Whose primary source of income during the school year is obtained by operating a school bus for a public school district; or (3) Who contracts with a public school district to operate a school bus and is designated by the superintendent as a full-time school bus driver, regardless of the number of hours for which the person contracted. Amended by Act 2019, No. 563,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 563,§ 1, eff. 7/24/2019. Amended by Act 2014EX2, No. 7,§ 1, eff. 7/3/2014. Amended by Act 2014EX2, No. 2,§ 1, eff. 7/3/2014. 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, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 2001, No. 1814, §§ 2, 4; 2007, No. 1009, § 8; 2009, No. 252, § 3.

(a) Individuals eligible to participate in the State and Public School Life and Health Insurance Program include: (1) All active state employees, active public school employees, or other eligible employees of a participating entity or participating institution; (2) Members of the General Assembly; (3) Elected constitutional officers; (4) Appointed or elected board and commission members who are on a full-time salaried basis; and (5) (A) Those state contract employees hired by the Arkansas National Guard on a full-time basis in accordance with 10 U.S.C. § 2304 . (B) Program participation for contract employees of the Arkansas National Guard is conditioned upon the United States Government's contributing the employer's share to the Employee Benefits Division.

(1) All active state employees, active public school employees, or other eligible employees of a participating entity or participating institution;

(2) Members of the General Assembly;

(3) Elected constitutional officers;

(4) Appointed or elected board and commission members who are on a full-time salaried basis; and

(5) (A) Those state contract employees hired by the Arkansas National Guard on a full-time basis in accordance with 10 U.S.C. § 2304 . (B) Program participation for contract employees of the Arkansas National Guard is conditioned upon the United States Government's contributing the employer's share to the Employee Benefits Division.

(A) Those state contract employees hired by the Arkansas National Guard on a full-time basis in accordance with 10 U.S.C. § 2304 .

(B) Program participation for contract employees of the Arkansas National Guard is conditioned upon the United States Government's contributing the employer's share to the Employee Benefits Division.

(b) Program participation for a state employee is conditioned upon the state employee's being in a budgeted state employee position or a position authorized by the General Assembly.

(c) A state employee is one whose actual performance of duty requires one thousand (1,000) or more working hours per year.

(d) If a participating institution discontinues its participation in the program, then the participating institution shall not re-participate in the program for two (2) years after the institution's final date of participation in the program unless the Director of the Employee Benefits Division gives his or her consent to an earlier date.

(e) Participants are not allowed simultaneous participation in benefits provided by the state employee insurance plan or the public school employee insurance plan.

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

(g) (1) The following persons are eligible to participate in the program: (A) A public school employee who is in a position that requires on average at least thirty (30) hours per week of actual performance of duty during the annual school year; and (B) A full-time school bus driver who is employed by a public school district to drive regular routes during the annual school year. (2) A public school employee who is not a full-time school bus driver and who is in a variable hour position is ineligible to participate in the program.

(1) The following persons are eligible to participate in the program: (A) A public school employee who is in a position that requires on average at least thirty (30) hours per week of actual performance of duty during the annual school year; and (B) A full-time school bus driver who is employed by a public school district to drive regular routes during the annual school year.

(A) A public school employee who is in a position that requires on average at least thirty (30) hours per week of actual performance of duty during the annual school year; and

(B) A full-time school bus driver who is employed by a public school district to drive regular routes during the annual school year.

(2) A public school employee who is not a full-time school bus driver and who is in a variable hour position is ineligible to participate in the program.

(h) As used in this section, "full-time school bus driver" means a person: (1) Who contracts with a public school district to operate a school bus for at least seven hundred twenty (720) hours during the school year; (2) Whose primary source of income during the school year is obtained by operating a school bus for a public school district; or (3) Who contracts with a public school district to operate a school bus and is designated by the superintendent as a full-time school bus driver, regardless of the number of hours for which the person contracted.

(1) Who contracts with a public school district to operate a school bus for at least seven hundred twenty (720) hours during the school year;

(2) Whose primary source of income during the school year is obtained by operating a school bus for a public school district; or

(3) Who contracts with a public school district to operate a school bus and is designated by the superintendent as a full-time school bus driver, regardless of the number of hours for which the person contracted.

Amended by Act 2019, No. 563,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 563,§ 1, eff. 7/24/2019.

Amended by Act 2014EX2, No. 7,§ 1, eff. 7/3/2014.

Amended by Act 2014EX2, No. 2,§ 1, eff. 7/3/2014.

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, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 2001, No. 1814, §§ 2, 4; 2007, No. 1009, § 8; 2009, No. 252, § 3.
Ark. Code Ann. § 21-4-207 — AR Code / Title 21 / Chapter 4 / Subchapter 2 / Section 21-4-207
Sick leave - Accrual and use
Status: in_force

(a) (1) (A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period. (B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service. (2) (A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year. (B) (i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee. (3) (A) (i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. (ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. (B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate. (b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees. (c) Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service. (d) Sick leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service. (e) (1) Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month. (2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days. (3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits. (4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit. (f) (1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order: (A) Earned sick leave; (B) Earned annual leave; (C) Catastrophic leave, when authorized; and (D) Leave without pay, when authorized. (2) (A) Requests for sick leave shall be applied for in advance. (B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty. (C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director. (3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes. Amended by Act 2021, No. 573,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5547, eff. 7/1/2019. Amended by Act 2013, No. 997,§ 2, eff. 8/16/2013. Acts 1975, No. 567, § 5; 1983, No. 129, § 1; A.S.A. 1947, § 12-2368; Acts 1989, No. 265, § 1; 1991, No. 91, § 3; 1991, No. 169, § 3; 1997, No. 155, § 2; 2003, No. 356, § 3; 2003, No. 835, § 2; 2007, No. 606, § 2.

(a) (1) (A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period. (B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service. (2) (A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year. (B) (i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee. (3) (A) (i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. (ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. (B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.

(1) (A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period. (B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.

(A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period.

(B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.

(2) (A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year. (B) (i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.

(A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year.

(B) (i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.

(i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year.

(ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.

(3) (A) (i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. (ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. (B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.

(A) (i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. (ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.

(i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave.

(ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.

(B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.

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

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

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

(e) (1) Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month. (2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days. (3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits. (4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit.

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

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

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

(4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit.

(f) (1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order: (A) Earned sick leave; (B) Earned annual leave; (C) Catastrophic leave, when authorized; and (D) Leave without pay, when authorized. (2) (A) Requests for sick leave shall be applied for in advance. (B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty. (C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director. (3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes.

(1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order: (A) Earned sick leave; (B) Earned annual leave; (C) Catastrophic leave, when authorized; and (D) Leave without pay, when authorized.

(A) Earned sick leave;

(B) Earned annual leave;

(C) Catastrophic leave, when authorized; and

(D) Leave without pay, when authorized.

(2) (A) Requests for sick leave shall be applied for in advance. (B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty. (C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director.

(A) Requests for sick leave shall be applied for in advance.

(B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty.

(C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director.

(3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes.

Amended by Act 2021, No. 573,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5547, eff. 7/1/2019.

Amended by Act 2013, No. 997,§ 2, eff. 8/16/2013.

Acts 1975, No. 567, § 5; 1983, No. 129, § 1; A.S.A. 1947, § 12-2368; Acts 1989, No. 265, § 1; 1991, No. 91, § 3; 1991, No. 169, § 3; 1997, No. 155, § 2; 2003, No. 356, § 3; 2003, No. 835, § 2; 2007, No. 606, § 2.
Ark. Code Ann. § 21-6-303 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-303
County surveyors
Status: in_force

County surveyors shall be allowed the following fees: (1) For each day he or she may be engaged, either under an order of the county court, or otherwise, not to exceed ............... $50.00 (2) For each mile traveled from the place of residence to a place where the service is to be made and return ............... .12 (3) For calculating the amount of land in each tract or division and making the plat, a fee of not to exceed three dollars ($3.00) per hour devoted in the preparation thereof, but in no event less than ............... 1.00 (4) For recording plat and certificate ............... .50 (5) For every copy of plat and certificate ............... .50. Acts 1875, No. 77, § 29, p. 167; 1875 (Adj. Sess.), No. 58, § 10, p. 103; C. & M. Dig., § 4596; Acts 1921, No. 224, § 1; 1929, No. 95, § 1; Pope's Dig., § 5684; Acts 1947, No. 201, § 1; 1957, No. 173, § 1; 1963, No. 192, § 1; 1971, No. 455, § 1; A.S.A. 1947, § 12-1729.

County surveyors shall be allowed the following fees:

(1) For each day he or she may be engaged, either under an order of the county court, or otherwise, not to exceed ............... $50.00

(2) For each mile traveled from the place of residence to a place where the service is to be made and return ............... .12

(3) For calculating the amount of land in each tract or division and making the plat, a fee of not to exceed three dollars ($3.00) per hour devoted in the preparation thereof, but in no event less than ............... 1.00

(4) For recording plat and certificate ............... .50

(5) For every copy of plat and certificate ............... .50.

Acts 1875, No. 77, § 29, p. 167; 1875 (Adj. Sess.), No. 58, § 10, p. 103; C. & M. Dig., § 4596; Acts 1921, No. 224, § 1; 1929, No. 95, § 1; Pope's Dig., § 5684; Acts 1947, No. 201, § 1; 1957, No. 173, § 1; 1963, No. 192, § 1; 1971, No. 455, § 1; A.S.A. 1947, § 12-1729.
Ark. Code Ann. § 21-2-806 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-806
Operations and recommendations
Status: in_force

(a) At the direction of the Arkansas Cyber Response Board, the Insurance Commissioner shall receive and disburse funds necessary for the establishment and operation of the Arkansas Self-Funded Cyber Response Program. (b) The State Risk Manager shall assist in the operations of the program and shall submit to the board recommendations for: (1) (A) Premium schedules for all participating governmental entities, not to exceed a total of nine hundred thousand dollars ($900,000) in each of the first two (2) years of operation. (B) The premium schedule for each participating governmental entity for the first two (2) years of operation shall be as follows: (i) The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000); (ii) The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and (iii) The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000); (2) Schedules for deductible amounts; (3) Loss histories, loss reporting, and loss payment procedures; (4) Program enrollments; (5) Annual review of funds, income, balances, and expenditures; and (6) Other information required by the board for efficient operation of the program. (c) The board may utilize up to five percent (5%) of the monthly premiums remitted to the Arkansas Self-Funded Cyber Response Program Trust Fund for administrative expenses and staff. (d) Additional money may be provided to the program through grants and provisions from public and private entities. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) At the direction of the Arkansas Cyber Response Board, the Insurance Commissioner shall receive and disburse funds necessary for the establishment and operation of the Arkansas Self-Funded Cyber Response Program.

(b) The State Risk Manager shall assist in the operations of the program and shall submit to the board recommendations for: (1) (A) Premium schedules for all participating governmental entities, not to exceed a total of nine hundred thousand dollars ($900,000) in each of the first two (2) years of operation. (B) The premium schedule for each participating governmental entity for the first two (2) years of operation shall be as follows: (i) The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000); (ii) The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and (iii) The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000); (2) Schedules for deductible amounts; (3) Loss histories, loss reporting, and loss payment procedures; (4) Program enrollments; (5) Annual review of funds, income, balances, and expenditures; and (6) Other information required by the board for efficient operation of the program.

(1) (A) Premium schedules for all participating governmental entities, not to exceed a total of nine hundred thousand dollars ($900,000) in each of the first two (2) years of operation. (B) The premium schedule for each participating governmental entity for the first two (2) years of operation shall be as follows: (i) The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000); (ii) The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and (iii) The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000);

(A) Premium schedules for all participating governmental entities, not to exceed a total of nine hundred thousand dollars ($900,000) in each of the first two (2) years of operation.

(B) The premium schedule for each participating governmental entity for the first two (2) years of operation shall be as follows: (i) The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000); (ii) The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and (iii) The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000);

(i) The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000);

(ii) The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and

(iii) The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000);

(2) Schedules for deductible amounts;

(3) Loss histories, loss reporting, and loss payment procedures;

(4) Program enrollments;

(5) Annual review of funds, income, balances, and expenditures; and

(6) Other information required by the board for efficient operation of the program.

(c) The board may utilize up to five percent (5%) of the monthly premiums remitted to the Arkansas Self-Funded Cyber Response Program Trust Fund for administrative expenses and staff.

(d) Additional money may be provided to the program through grants and provisions from public and private entities.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-10-108 — AR Code / Title 21 / Chapter 10 / Section 21-10-108
Inconsistent acts repealed
Status: repealed

All acts and parts of acts are repealed insofar as inconsistent herewith. Acts 1959, No. 69, § 8; A.S.A. 1947, § 12-2606n.

All acts and parts of acts are repealed insofar as inconsistent herewith.

Acts 1959, No. 69, § 8; A.S.A. 1947, § 12-2606n.
Ark. Code Ann. § 21-1-302 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-302
Legislative intent
Status: in_force

Because of the existing possibility of attack of unprecedented size and destructiveness upon the United States, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions, to provide for the effective operation of governments during an emergency, and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for: (1) Additional officers who can exercise the powers and discharge the duties of Governor; (2) Emergency interim succession to governmental offices of this state and its political subdivisions in the event the incumbents thereof and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of those offices who are in this subchapter referred to as "deputies" are unavailable to perform the duties and functions of those offices; and (3) Special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable. Acts 1961, No. 489, § 2; A.S.A. 1947, § 12-115.

Because of the existing possibility of attack of unprecedented size and destructiveness upon the United States, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions, to provide for the effective operation of governments during an emergency, and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for:

(1) Additional officers who can exercise the powers and discharge the duties of Governor;

(2) Emergency interim succession to governmental offices of this state and its political subdivisions in the event the incumbents thereof and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of those offices who are in this subchapter referred to as "deputies" are unavailable to perform the duties and functions of those offices; and

(3) Special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.

Acts 1961, No. 489, § 2; A.S.A. 1947, § 12-115.
Ark. Code Ann. § 21-15-103 — AR Code / Title 21 / Chapter 15 / Section 21-15-103
Deadline - Scope of check - Report - Notice - Discharge for persons in designated positions
Status: in_force

(a) (1) A state agency shall ensure that any incumbent employee in a designated position has a subsequent criminal background check completed within five (5) years of the incumbent employee's initial criminal background check and every five (5) years thereafter. (2) A state agency shall ensure that any incumbent employee in a designated position has a subsequent central registry check completed within five (5) years of the incumbent employee's initial central registry check and every five (5) years thereafter. (3) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated position shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency. The state agency shall: (A) (i) Use the Online Criminal Background Check System to obtain a criminal history check or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police. (ii) The state agency shall pay any fee associated with the criminal history check on behalf of the employee; and (B) (i) Forward the central registry check to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a review of the registry databases. (ii) The state agency shall pay any fee associated with the central registry checks. (b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) If the state agency can verify that the applicant has been employed by a state agency in a designated position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant. (c) (1) Upon completion of a criminal history check on an employee, the bureau shall issue a report to the state agency. (2) (A) The state agency shall determine whether the employee is disqualified from employment under subsection (g) of this section. (B) If the state agency determines that an employee is disqualified from employment, then the state agency shall discharge the employee. (d) When a national criminal history check is required under this section, the criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints. (e) If a waiver applicant has been named as an offender or perpetrator in a true, substantiated, or founded report from the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, or the Certified Nursing Assistant/Employment Clearance Registry, the state agency shall discharge the employee. (f) A state agency shall inform all employees in designated positions that: (1) Continued employment is contingent upon the results of a criminal history check and a central registry check; and (2) The employee has the right to obtain a copy of his or her: (A) Criminal history report from the bureau; and (B) Central registry report from the registries. (g) Except as provided in subdivision (h)(1) of this section, a state agency shall discharge from employment in a designated position any person who has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court unless the conviction was vacated or reversed: (1) Capital murder, as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter, as prohibited in § 5-10-104 ; (4) Negligent homicide, as prohibited in § 5-10-105 ; (5) Kidnapping, as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree, as prohibited in § 5-11-103 ; (7) Permanent detention or restraint, as prohibited in § 5-11-106 ; (8) Robbery, as prohibited in § 5-12-102 ; (9) Aggravated robbery, as prohibited in § 5-12-103 ; (10) Battery in the first degree, as prohibited in § 5-13-201 ; (11) Aggravated assault, as prohibited in § 5-13-204 ; (12) Introduction of controlled substance into body of another person, as prohibited in § 5-13-210 ; (13) Terroristic threatening in the first degree, as prohibited in § 5-13-301 ; (14) Rape, as prohibited in § 5-14-103 ; (15) Sexual indecency with a child, as prohibited in § 5-14-110 , if the offense is a felony; (16) Sexual assault in the first degree, second degree, third degree, or fourth degree, as prohibited in §§ 5-14-124 - 5-14-127 ; (17) Incest, as prohibited in § 5-26-202 ; (18) Offenses against the family, as prohibited in §§ 5-26-303 - 5-26-306 ; (19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205 ; (21) Permitting abuse of a minor, as prohibited in § 5-27-221 ; (22) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, pandering, or possessing visual or print medium depicting sexually explicit conduct involving a child, or the use of a child or consent to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (23) Adult abuse constituting a felony, as prohibited in § 5-28-103 ; (24) Theft of property, as prohibited in § 5-36-103 ; (25) Theft by receiving, as prohibited in § 5-36-106 ; (26) Arson, as prohibited in § 5-38-301 ; (27) Burglary, as prohibited in § 5-39-201 ; (28) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 - 5-64-442 ; (29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104 ; (30) Stalking, as prohibited in § 5-71-229 ; (31) Possession or use of child sexual abuse material, as prohibited in § 5-27-603 ; (32) Computer exploitation of a child in the first degree, as prohibited in § 5-27-605 ; (33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (34) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (35) Sexual extortion, § 5-14-113 . (h) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (g) of this section shall not be considered a conviction or plea of guilty or nolo contendere to the offense unless the offense is also listed in subdivision (h)(2) of this section. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following offenses shall result in permanent disqualification: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree and murder in the second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (C) Kidnapping, as prohibited in § 5-11-102 ; (D) Rape, as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree and second degree, as prohibited in §§ 5-14-124 and 5-14-125 ; (F) Endangering the welfare of a minor in the first degree and endangering the welfare of a minor in the second degree, as prohibited in §§ 5-27-205 and 5-27-206 ; (G) Incest, as prohibited in § 5-26-202 ; (H) Arson, as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony, as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (L) Sexual extortion, § 5-14-113 . Amended by Act 2023, No. 619,§ 28, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 14, eff. 8/1/2023. Amended by Act 2017, No. 664,§ 24, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 23, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 30, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 29, eff. 8/1/2017. Acts 1997, No. 1019, § 3; 1999, No. 1409, §§ 11-13; 2001, No. 995, § 3; 2003, No. 482, § 1; 2003, No. 1087, § 23; 2003, No. 1379, § 1; 2003, No. 1473, § 49; 2005, No. 1422, § 1; 2005, No. 1923, § 8; 2007, No. 827, § 180; 2007, No. 991, § 3; 2011, No. 570, § 127.

(a) (1) A state agency shall ensure that any incumbent employee in a designated position has a subsequent criminal background check completed within five (5) years of the incumbent employee's initial criminal background check and every five (5) years thereafter. (2) A state agency shall ensure that any incumbent employee in a designated position has a subsequent central registry check completed within five (5) years of the incumbent employee's initial central registry check and every five (5) years thereafter. (3) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated position shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency. The state agency shall: (A) (i) Use the Online Criminal Background Check System to obtain a criminal history check or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police. (ii) The state agency shall pay any fee associated with the criminal history check on behalf of the employee; and (B) (i) Forward the central registry check to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a review of the registry databases. (ii) The state agency shall pay any fee associated with the central registry checks.

(1) A state agency shall ensure that any incumbent employee in a designated position has a subsequent criminal background check completed within five (5) years of the incumbent employee's initial criminal background check and every five (5) years thereafter.

(2) A state agency shall ensure that any incumbent employee in a designated position has a subsequent central registry check completed within five (5) years of the incumbent employee's initial central registry check and every five (5) years thereafter.

(3) In accordance with subdivisions (a)(1) and (2) of this section, each employee of a state agency in a designated position shall complete a criminal history check form and a central registry check form obtained from the state agency and shall submit the form to the state agency. The state agency shall: (A) (i) Use the Online Criminal Background Check System to obtain a criminal history check or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police. (ii) The state agency shall pay any fee associated with the criminal history check on behalf of the employee; and (B) (i) Forward the central registry check to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a review of the registry databases. (ii) The state agency shall pay any fee associated with the central registry checks.

(A) (i) Use the Online Criminal Background Check System to obtain a criminal history check or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police. (ii) The state agency shall pay any fee associated with the criminal history check on behalf of the employee; and

(i) Use the Online Criminal Background Check System to obtain a criminal history check or forward the criminal history check form to the Identification Bureau of the Division of Arkansas State Police.

(ii) The state agency shall pay any fee associated with the criminal history check on behalf of the employee; and

(B) (i) Forward the central registry check to the Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry for a review of the registry databases. (ii) The state agency shall pay any fee associated with the central registry checks.

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

(ii) The state agency shall pay any fee associated with the central registry checks.

(b) (1) Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant upon receiving a criminal history check request from a state agency. (2) If the state agency can verify that the applicant has been employed by a state agency in a designated position within sixty (60) days before the application or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant.

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

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

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

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

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

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

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

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

(e) If a waiver applicant has been named as an offender or perpetrator in a true, substantiated, or founded report from the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, or the Certified Nursing Assistant/Employment Clearance Registry, the state agency shall discharge the employee.

(f) A state agency shall inform all employees in designated positions that: (1) Continued employment is contingent upon the results of a criminal history check and a central registry check; and (2) The employee has the right to obtain a copy of his or her: (A) Criminal history report from the bureau; and (B) Central registry report from the registries.

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

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

(A) Criminal history report from the bureau; and

(B) Central registry report from the registries.

(g) Except as provided in subdivision (h)(1) of this section, a state agency shall discharge from employment in a designated position any person who has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court unless the conviction was vacated or reversed: (1) Capital murder, as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter, as prohibited in § 5-10-104 ; (4) Negligent homicide, as prohibited in § 5-10-105 ; (5) Kidnapping, as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree, as prohibited in § 5-11-103 ; (7) Permanent detention or restraint, as prohibited in § 5-11-106 ; (8) Robbery, as prohibited in § 5-12-102 ; (9) Aggravated robbery, as prohibited in § 5-12-103 ; (10) Battery in the first degree, as prohibited in § 5-13-201 ; (11) Aggravated assault, as prohibited in § 5-13-204 ; (12) Introduction of controlled substance into body of another person, as prohibited in § 5-13-210 ; (13) Terroristic threatening in the first degree, as prohibited in § 5-13-301 ; (14) Rape, as prohibited in § 5-14-103 ; (15) Sexual indecency with a child, as prohibited in § 5-14-110 , if the offense is a felony; (16) Sexual assault in the first degree, second degree, third degree, or fourth degree, as prohibited in §§ 5-14-124 - 5-14-127 ; (17) Incest, as prohibited in § 5-26-202 ; (18) Offenses against the family, as prohibited in §§ 5-26-303 - 5-26-306 ; (19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201 ; (20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-205 ; (21) Permitting abuse of a minor, as prohibited in § 5-27-221 ; (22) Engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, pandering, or possessing visual or print medium depicting sexually explicit conduct involving a child, or the use of a child or consent to the use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (23) Adult abuse constituting a felony, as prohibited in § 5-28-103 ; (24) Theft of property, as prohibited in § 5-36-103 ; (25) Theft by receiving, as prohibited in § 5-36-106 ; (26) Arson, as prohibited in § 5-38-301 ; (27) Burglary, as prohibited in § 5-39-201 ; (28) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 and §§ 5-64-419 - 5-64-442 ; (29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104 ; (30) Stalking, as prohibited in § 5-71-229 ; (31) Possession or use of child sexual abuse material, as prohibited in § 5-27-603 ; (32) Computer exploitation of a child in the first degree, as prohibited in § 5-27-605 ; (33) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (34) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; or (35) Sexual extortion, § 5-14-113 .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(35) Sexual extortion, § 5-14-113 .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(L) Sexual extortion, § 5-14-113 .

Amended by Act 2023, No. 619,§ 28, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 14, eff. 8/1/2023.

Amended by Act 2017, No. 664,§ 24, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 23, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 30, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 29, eff. 8/1/2017.

Acts 1997, No. 1019, § 3; 1999, No. 1409, §§ 11-13; 2001, No. 995, § 3; 2003, No. 482, § 1; 2003, No. 1087, § 23; 2003, No. 1379, § 1; 2003, No. 1473, § 49; 2005, No. 1422, § 1; 2005, No. 1923, § 8; 2007, No. 827, § 180; 2007, No. 991, § 3; 2011, No. 570, § 127.
Ark. Code Ann. § 21-5-212 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-212
[Repealed]
Status: repealed

Repealed by Act 2017, No. 365,§ 17, eff. 7/1/2017. Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 11; 1991, No. 1148, § 7; 2009, No. 688, § 10.

Repealed by Act 2017, No. 365,§ 17, eff. 7/1/2017.

Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 11; 1991, No. 1148, § 7; 2009, No. 688, § 10.
Ark. Code Ann. § 21-5-228 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-228
Recruitment incentives
Status: in_force

(a) (1) A state agency may offer a recruitment incentive in connection with an offer of employment to a prospective employee to assist with recruitment efforts. (2) The state agency shall determine whether to offer a recruitment incentive and, if so, the type of incentive to offer. (b) A recruitment incentive may consist of: (1) (A) A bonus payment not to exceed five thousand dollars ($5,000). (B) A bonus payment under subdivision (b)(1)(A) of this section may be paid: (i) In full to a prospective employee at the beginning of his or her employment; or (ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or (2) Up to forty (40) hours of incentive leave that: (A) Shall be used by the end of the calendar year following the calendar year in which the prospective employee begins employment with the state agency; and (B) Shall not carry over to the subsequent calendar year. (c) A person employed by the executive branch at the time of the offer of employment is not eligible for a recruitment incentive under this section. (d) (1) A person receiving a recruitment incentive under this section shall commit to a required period of employment with the state agency. (2) If the employee receives a recruitment incentive under this section and voluntarily resigns or is terminated from employment with the state agency before completing the required period of employment under subdivision (d)(1) of this section, the following shall apply: (A) If the employee received a bonus payment in full at the beginning of his or her employment under subdivision (b)(1)(C)(i) of this section, the employee shall repay the bonus payment to the state agency; (B) If the employee is scheduled to receive a bonus payment in installments under subdivision (b)(1)(C)(ii) of this section, the employee shall: (i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and (ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and (C) If the employee received an award of incentive leave under subdivision (b)(2) of this section, the incentive leave shall: (i) Expire when the employee resigns or is terminated from employment; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency. (3) If the employee does not repay a bonus payment under subdivisions (d)(2)(A) or (d)(2)(B)(i) of this section within one hundred eighty days (180) from the date the employee resigns or is terminated from employment, the Revenue Division of the Department of Finance and Administration may set off any refunds due the employee from the division by the sum certified by the Office of Personnel Management as due and owing under § 26-36-301 et seq. (e) (1) (A) A state agency wishing to provide recruitment incentives to prospective employees shall prepare a written plan for administering recruitment incentives. (B) The written plan under this subsection shall include: (i) An explanation of how the recruitment incentives will be implemented; (ii) A list of the classifications eligible for recruitment incentives; and (iii) A description of the recruitment incentives that may be provided to prospective employees. (2) The written plan under this subsection shall be reviewed by the office. (3) When the office has completed its review of the written plan under subdivision (e)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval. (4) A state agency shall not provide a recruitment incentive under this section before the approval of the state agency's written plan for administering recruitment incentives under subdivision (e)(3) of this section. (5) If the state agency amends the written plan following its approval under subdivision (e)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (e)((1)-(3) of this section; and (B) Not provide a recruitment incentive under the provisions of the amended written plan before the approval of the state agency's amended written plan. (f) (1) After a state agency's written plan for administering recruitment incentives has been approved under subdivision (e)(3) of this section, the state agency may submit a request for a recruitment incentive to the office for approval. (2) The request under subdivision (f)(1) of this section shall include: (A) The name of the prospective employee; (B) A description of the position the prospective employee would fill and his or her qualifications for the position; (C) A description of the recruitment incentive that would be provided to the prospective employee; and (D) A specification of the required period of employment for the prospective employee to retain the recruitment incentive. (3) A request for a recruitment incentive under this subsection shall be consistent with the written plan for administering recruitment incentives of the state agency. (4) A state agency shall not provide a recruitment incentive before the approval of the recruitment incentive by the office under this subsection. (g) A bonus payment recruitment incentive under this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining retirement benefits. (h) A recruitment incentive under this section may be awarded to a prospective employee whether or not the recruitment incentive would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification. (i) (1) A recruitment incentive under this section is subject to a state agency's ability to certify funding for a recruitment incentive. (2) A state agency shall: (A) Use existing funding for a recruitment incentive under this section; and (B) Not access the Performance Fund to provide a recruitment incentive. (j) The office shall file monthly reports of recruitment incentives provided under this section with the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee. (k) (1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void. Added by Act 2024, No. 172,§ 5, eff. 7/1/2024.

(a) (1) A state agency may offer a recruitment incentive in connection with an offer of employment to a prospective employee to assist with recruitment efforts. (2) The state agency shall determine whether to offer a recruitment incentive and, if so, the type of incentive to offer.

(1) A state agency may offer a recruitment incentive in connection with an offer of employment to a prospective employee to assist with recruitment efforts.

(2) The state agency shall determine whether to offer a recruitment incentive and, if so, the type of incentive to offer.

(b) A recruitment incentive may consist of: (1) (A) A bonus payment not to exceed five thousand dollars ($5,000). (B) A bonus payment under subdivision (b)(1)(A) of this section may be paid: (i) In full to a prospective employee at the beginning of his or her employment; or (ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or (2) Up to forty (40) hours of incentive leave that: (A) Shall be used by the end of the calendar year following the calendar year in which the prospective employee begins employment with the state agency; and (B) Shall not carry over to the subsequent calendar year.

(1) (A) A bonus payment not to exceed five thousand dollars ($5,000). (B) A bonus payment under subdivision (b)(1)(A) of this section may be paid: (i) In full to a prospective employee at the beginning of his or her employment; or (ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or

(A) A bonus payment not to exceed five thousand dollars ($5,000).

(B) A bonus payment under subdivision (b)(1)(A) of this section may be paid: (i) In full to a prospective employee at the beginning of his or her employment; or (ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or

(i) In full to a prospective employee at the beginning of his or her employment; or

(ii) In installments during the prospective employee's required period of employment under subdivision (d)(1) of this section; or

(2) Up to forty (40) hours of incentive leave that: (A) Shall be used by the end of the calendar year following the calendar year in which the prospective employee begins employment with the state agency; and (B) Shall not carry over to the subsequent calendar year.

(A) Shall be used by the end of the calendar year following the calendar year in which the prospective employee begins employment with the state agency; and

(B) Shall not carry over to the subsequent calendar year.

(c) A person employed by the executive branch at the time of the offer of employment is not eligible for a recruitment incentive under this section.

(d) (1) A person receiving a recruitment incentive under this section shall commit to a required period of employment with the state agency. (2) If the employee receives a recruitment incentive under this section and voluntarily resigns or is terminated from employment with the state agency before completing the required period of employment under subdivision (d)(1) of this section, the following shall apply: (A) If the employee received a bonus payment in full at the beginning of his or her employment under subdivision (b)(1)(C)(i) of this section, the employee shall repay the bonus payment to the state agency; (B) If the employee is scheduled to receive a bonus payment in installments under subdivision (b)(1)(C)(ii) of this section, the employee shall: (i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and (ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and (C) If the employee received an award of incentive leave under subdivision (b)(2) of this section, the incentive leave shall: (i) Expire when the employee resigns or is terminated from employment; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency. (3) If the employee does not repay a bonus payment under subdivisions (d)(2)(A) or (d)(2)(B)(i) of this section within one hundred eighty days (180) from the date the employee resigns or is terminated from employment, the Revenue Division of the Department of Finance and Administration may set off any refunds due the employee from the division by the sum certified by the Office of Personnel Management as due and owing under § 26-36-301 et seq.

(1) A person receiving a recruitment incentive under this section shall commit to a required period of employment with the state agency.

(2) If the employee receives a recruitment incentive under this section and voluntarily resigns or is terminated from employment with the state agency before completing the required period of employment under subdivision (d)(1) of this section, the following shall apply: (A) If the employee received a bonus payment in full at the beginning of his or her employment under subdivision (b)(1)(C)(i) of this section, the employee shall repay the bonus payment to the state agency; (B) If the employee is scheduled to receive a bonus payment in installments under subdivision (b)(1)(C)(ii) of this section, the employee shall: (i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and (ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and (C) If the employee received an award of incentive leave under subdivision (b)(2) of this section, the incentive leave shall: (i) Expire when the employee resigns or is terminated from employment; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency.

(A) If the employee received a bonus payment in full at the beginning of his or her employment under subdivision (b)(1)(C)(i) of this section, the employee shall repay the bonus payment to the state agency;

(B) If the employee is scheduled to receive a bonus payment in installments under subdivision (b)(1)(C)(ii) of this section, the employee shall: (i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and (ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and

(i) Repay to the state agency any installment payments received before the date that the employee resigns or is terminated from employment; and

(ii) Not receive the value of any installment payments scheduled on or after the date the employee resigns or is terminated from employment; and

(C) If the employee received an award of incentive leave under subdivision (b)(2) of this section, the incentive leave shall: (i) Expire when the employee resigns or is terminated from employment; and (ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency.

(i) Expire when the employee resigns or is terminated from employment; and

(ii) Not be liquidated by a lump-sum payment to the employee when he or she separates from the state agency.

(3) If the employee does not repay a bonus payment under subdivisions (d)(2)(A) or (d)(2)(B)(i) of this section within one hundred eighty days (180) from the date the employee resigns or is terminated from employment, the Revenue Division of the Department of Finance and Administration may set off any refunds due the employee from the division by the sum certified by the Office of Personnel Management as due and owing under § 26-36-301 et seq.

(e) (1) (A) A state agency wishing to provide recruitment incentives to prospective employees shall prepare a written plan for administering recruitment incentives. (B) The written plan under this subsection shall include: (i) An explanation of how the recruitment incentives will be implemented; (ii) A list of the classifications eligible for recruitment incentives; and (iii) A description of the recruitment incentives that may be provided to prospective employees. (2) The written plan under this subsection shall be reviewed by the office. (3) When the office has completed its review of the written plan under subdivision (e)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval. (4) A state agency shall not provide a recruitment incentive under this section before the approval of the state agency's written plan for administering recruitment incentives under subdivision (e)(3) of this section. (5) If the state agency amends the written plan following its approval under subdivision (e)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (e)((1)-(3) of this section; and (B) Not provide a recruitment incentive under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(1) (A) A state agency wishing to provide recruitment incentives to prospective employees shall prepare a written plan for administering recruitment incentives. (B) The written plan under this subsection shall include: (i) An explanation of how the recruitment incentives will be implemented; (ii) A list of the classifications eligible for recruitment incentives; and (iii) A description of the recruitment incentives that may be provided to prospective employees.

(A) A state agency wishing to provide recruitment incentives to prospective employees shall prepare a written plan for administering recruitment incentives.

(B) The written plan under this subsection shall include: (i) An explanation of how the recruitment incentives will be implemented; (ii) A list of the classifications eligible for recruitment incentives; and (iii) A description of the recruitment incentives that may be provided to prospective employees.

(i) An explanation of how the recruitment incentives will be implemented;

(ii) A list of the classifications eligible for recruitment incentives; and

(iii) A description of the recruitment incentives that may be provided to prospective employees.

(2) The written plan under this subsection shall be reviewed by the office.

(3) When the office has completed its review of the written plan under subdivision (e)(2) of this section, the office shall refer the written plan to the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, for its approval.

(4) A state agency shall not provide a recruitment incentive under this section before the approval of the state agency's written plan for administering recruitment incentives under subdivision (e)(3) of this section.

(5) If the state agency amends the written plan following its approval under subdivision (e)(3) of this section, it shall: (A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (e)((1)-(3) of this section; and (B) Not provide a recruitment incentive under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(A) Submit the amended written plan for review by the office and approval by Legislative Council or the Joint Budget Committee in the same manner provided by subdivisions (e)((1)-(3) of this section; and

(B) Not provide a recruitment incentive under the provisions of the amended written plan before the approval of the state agency's amended written plan.

(f) (1) After a state agency's written plan for administering recruitment incentives has been approved under subdivision (e)(3) of this section, the state agency may submit a request for a recruitment incentive to the office for approval. (2) The request under subdivision (f)(1) of this section shall include: (A) The name of the prospective employee; (B) A description of the position the prospective employee would fill and his or her qualifications for the position; (C) A description of the recruitment incentive that would be provided to the prospective employee; and (D) A specification of the required period of employment for the prospective employee to retain the recruitment incentive. (3) A request for a recruitment incentive under this subsection shall be consistent with the written plan for administering recruitment incentives of the state agency. (4) A state agency shall not provide a recruitment incentive before the approval of the recruitment incentive by the office under this subsection.

(1) After a state agency's written plan for administering recruitment incentives has been approved under subdivision (e)(3) of this section, the state agency may submit a request for a recruitment incentive to the office for approval.

(2) The request under subdivision (f)(1) of this section shall include: (A) The name of the prospective employee; (B) A description of the position the prospective employee would fill and his or her qualifications for the position; (C) A description of the recruitment incentive that would be provided to the prospective employee; and (D) A specification of the required period of employment for the prospective employee to retain the recruitment incentive.

(A) The name of the prospective employee;

(B) A description of the position the prospective employee would fill and his or her qualifications for the position;

(C) A description of the recruitment incentive that would be provided to the prospective employee; and

(D) A specification of the required period of employment for the prospective employee to retain the recruitment incentive.

(3) A request for a recruitment incentive under this subsection shall be consistent with the written plan for administering recruitment incentives of the state agency.

(4) A state agency shall not provide a recruitment incentive before the approval of the recruitment incentive by the office under this subsection.

(g) A bonus payment recruitment incentive under this section shall be: (1) Subject to withholding of all applicable state and federal taxes; and (2) Included by retirement systems in determining retirement benefits.

(1) Subject to withholding of all applicable state and federal taxes; and

(2) Included by retirement systems in determining retirement benefits.

(h) A recruitment incentive under this section may be awarded to a prospective employee whether or not the recruitment incentive would result in the salary for the employee exceeding the maximum pay level for the grade assigned to the employee's classification.

(i) (1) A recruitment incentive under this section is subject to a state agency's ability to certify funding for a recruitment incentive. (2) A state agency shall: (A) Use existing funding for a recruitment incentive under this section; and (B) Not access the Performance Fund to provide a recruitment incentive.

(1) A recruitment incentive under this section is subject to a state agency's ability to certify funding for a recruitment incentive.

(2) A state agency shall: (A) Use existing funding for a recruitment incentive under this section; and (B) Not access the Performance Fund to provide a recruitment incentive.

(A) Use existing funding for a recruitment incentive under this section; and

(B) Not access the Performance Fund to provide a recruitment incentive.

(j) The office shall file monthly reports of recruitment incentives provided under this section with the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee.

(k) (1) It is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in regular session, fiscal session, or extraordinary session, the Joint Budget Committee, as provided by this section. (2) (A) The requirement of approval by the Legislative Council or the Joint Budget Committee under this section is not a severable part of this section. (B) If the requirement of approval by the Legislative Council or the Joint Budget Committee under this section is found unconstitutional by a court of competent jurisdiction, the entire section is void.

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

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

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

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

Added by Act 2024, No. 172,§ 5, eff. 7/1/2024.
Ark. Code Ann. § 21-14-305 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-305
Term and renewal
Status: in_force

(a) The commission date of the electronic notary public shall begin on the date the person passes the examination under § 21-14-304 . (b) The term of the electronic notary public shall not extend past the expiration date of the surety bond for the traditional notary public commission. (c) An electronic notary public shall every two (2) years of his or her commission: (1) Complete a refresher training course offered and approved by the Secretary of State; and (2) Remit to the Secretary of State evidence of successful completion of the course under subdivision (c)(1) of this section on a form provided by the Secretary of State. (d) The electronic notary public may submit an application for the renewal of his or her electronic notary commission to the Secretary of State no more than thirty (30) calendar days before the expiration of his or her electronic notary commission. (e) To renew an electronic notary commission, a person shall complete the procedure under § 21-14-304 . Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.

(a) The commission date of the electronic notary public shall begin on the date the person passes the examination under § 21-14-304 .

(b) The term of the electronic notary public shall not extend past the expiration date of the surety bond for the traditional notary public commission.

(c) An electronic notary public shall every two (2) years of his or her commission: (1) Complete a refresher training course offered and approved by the Secretary of State; and (2) Remit to the Secretary of State evidence of successful completion of the course under subdivision (c)(1) of this section on a form provided by the Secretary of State.

(1) Complete a refresher training course offered and approved by the Secretary of State; and

(2) Remit to the Secretary of State evidence of successful completion of the course under subdivision (c)(1) of this section on a form provided by the Secretary of State.

(d) The electronic notary public may submit an application for the renewal of his or her electronic notary commission to the Secretary of State no more than thirty (30) calendar days before the expiration of his or her electronic notary commission.

(e) To renew an electronic notary commission, a person shall complete the procedure under § 21-14-304 .

Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 21-5-609 — AR Code / Title 21 / Chapter 5 / Subchapter 6 / Section 21-5-609
Benefits for emergency service volunteer workers
Status: in_force

(a) Benefits payable for the injury or death of a person appointed and regularly enrolled in an emergency services organization and covered by this subchapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Such benefits are payable if the injury or death occurred while the person was: (1) Actually engaged in emergency service duties, either during training or during a period of emergency; and (2) Under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency volunteer workers. (b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state. (c) (1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed local government or state employees and shall receive compensation and their survivors shall receive death benefits in the same manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers. (2) (A) If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (B) If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund. (d) (1) For the purpose of subsection (c) of this section, the weekly compensation benefits for an emergency services volunteer worker who receives no monetary compensation for services rendered as such a worker shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular local or state employee, with respect to injury, disability, or death. (2) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the emergency services volunteer worker. Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605; Acts 1999, No. 646, § 65; 2005, No. 1962, § 99.

(a) Benefits payable for the injury or death of a person appointed and regularly enrolled in an emergency services organization and covered by this subchapter shall be limited to the provisions of the Workers' Compensation Law, § 11-9-101 et seq. Such benefits are payable if the injury or death occurred while the person was: (1) Actually engaged in emergency service duties, either during training or during a period of emergency; and (2) Under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency volunteer workers.

(1) Actually engaged in emergency service duties, either during training or during a period of emergency; and

(2) Under the supervision and instruction and subject to the order or control of, or serving pursuant to a request of, the Governor, the Division of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency volunteer workers.

(b) The remedy provided in this section shall be the exclusive remedy as against the state and political subdivisions of the state.

(c) (1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed local government or state employees and shall receive compensation and their survivors shall receive death benefits in the same manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers. (2) (A) If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (B) If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.

(1) For the purpose of workers' compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed local government or state employees and shall receive compensation and their survivors shall receive death benefits in the same manner as regular local government or state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers.

(2) (A) If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund. (B) If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.

(A) If an emergency services volunteer worker is injured or killed while subject to the order or control of a local government, compensation and benefits shall be charged against the applicable local government's experience rate and paid from the appropriate state workers' compensation fund.

(B) If the emergency services volunteer worker was under the order or control of a state agency when injured or killed, compensation and benefits shall be charged against the experience rate of the state agency which exercised order or control at the time of injury or death and paid from the appropriate state workers' compensation fund.

(d) (1) For the purpose of subsection (c) of this section, the weekly compensation benefits for an emergency services volunteer worker who receives no monetary compensation for services rendered as such a worker shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular local or state employee, with respect to injury, disability, or death. (2) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the emergency services volunteer worker.

(1) For the purpose of subsection (c) of this section, the weekly compensation benefits for an emergency services volunteer worker who receives no monetary compensation for services rendered as such a worker shall be calculated based upon the wages received from his or her regular or usual employment, the same as a regular local or state employee, with respect to injury, disability, or death.

(2) The reimbursement of twenty-five dollars ($25.00) or less for out-of-pocket expenses for gasoline, oil, uniforms, required equipment, or similar expenses incurred in response to an emergency situation shall not be construed to be monetary compensation for the emergency services volunteer worker.

Acts 1979, No. 809, § 5; 1981, No. 929, § 4; A.S.A. 1947, § 12-3605; Acts 1999, No. 646, § 65; 2005, No. 1962, § 99.
Ark. Code Ann. § 21-1-303 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-303
Definitions
Status: in_force

As used in this subchapter: (1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes; (2) "Emergency interim successor" means a person designated pursuant to this subchapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Arkansas Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office; (3) "Office" includes all state and local offices, the powers and duties of which are defined by the Arkansas Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the General Assembly and the judiciary; (4) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law; and (5) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. Acts 1961, No. 489, § 3; A.S.A. 1947, § 12-116.

As used in this subchapter:

(1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;

(2) "Emergency interim successor" means a person designated pursuant to this subchapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Arkansas Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office;

(3) "Office" includes all state and local offices, the powers and duties of which are defined by the Arkansas Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the General Assembly and the judiciary;

(4) "Political subdivision" includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law; and

(5) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.

Acts 1961, No. 489, § 3; A.S.A. 1947, § 12-116.
Ark. Code Ann. § 21-8-406 — AR Code / Title 21 / Chapter 8 / Subchapter 4 / Section 21-8-406
Tickets to charitable events
Status: in_force

For the purposes of this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq., the value of a ticket to a charitable event shall not include the tax deductible portion of the ticket. Acts 1997, No. 117, § 1.

For the purposes of this subchapter, § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq., the value of a ticket to a charitable event shall not include the tax deductible portion of the ticket.

Acts 1997, No. 117, § 1.
Ark. Code Ann. § 21-12-501 — AR Code / Title 21 / Chapter 12 / Subchapter 5 / Section 21-12-501
Intent
Status: in_force

It is the intent of this subchapter to require state agencies, institutions, boards, and commissions to provide notice to the Legislative Council and the Office of Personnel Management of impending layoffs of state employees due to privatization. Acts 1999, No. 17, § 1.

It is the intent of this subchapter to require state agencies, institutions, boards, and commissions to provide notice to the Legislative Council and the Office of Personnel Management of impending layoffs of state employees due to privatization.

Acts 1999, No. 17, § 1.
Ark. Code Ann. § 21-14-111 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-111
Unlawful act - Penalty - Definition
Status: in_force

(a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either: (1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or (2) Recognizes the signature of the signer by virtue of familiarity with the signature. (b) Any notary public violating this section shall be guilty of a Class A misdemeanor. (c) For purposes of this section, "personally knows" means having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty. Acts 1989, No. 304, § 3; 2001, No. 1274, § 6.

(a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either: (1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or (2) Recognizes the signature of the signer by virtue of familiarity with the signature.

(1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or

(2) Recognizes the signature of the signer by virtue of familiarity with the signature.

(b) Any notary public violating this section shall be guilty of a Class A misdemeanor.

(c) For purposes of this section, "personally knows" means having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty.

Acts 1989, No. 304, § 3; 2001, No. 1274, § 6.
Ark. Code Ann. § 21-9-205 — AR Code / Title 21 / Chapter 9 / Subchapter 2 / Section 21-9-205
Procedure for making claims
Status: in_force

(a) A party desiring to make a claim for indemnification under this subchapter shall notify the Attorney General of the filing of a complaint in any court or the making of any other form of demand for damages promptly after it is filed or made and permit the Attorney General to participate in all trial or settlement negotiations or proceedings regarding the complaint or demand. (b) Compliance with all requirements of this section shall be prerequisite to payment of any claim under this subchapter. (c) Nothing in this section shall be construed to deny any party desiring to make a claim under this subchapter from employing legal counsel of his or her choosing to defend any lawsuit or other demand for damages. Acts 1977, No. 543, § 4; A.S.A. 1947, § 12-3404.

(a) A party desiring to make a claim for indemnification under this subchapter shall notify the Attorney General of the filing of a complaint in any court or the making of any other form of demand for damages promptly after it is filed or made and permit the Attorney General to participate in all trial or settlement negotiations or proceedings regarding the complaint or demand.

(b) Compliance with all requirements of this section shall be prerequisite to payment of any claim under this subchapter.

(c) Nothing in this section shall be construed to deny any party desiring to make a claim under this subchapter from employing legal counsel of his or her choosing to defend any lawsuit or other demand for damages.

Acts 1977, No. 543, § 4; A.S.A. 1947, § 12-3404.
Ark. Code Ann. § 21-5-706 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-706
Funds for payment of claims generally
Status: in_force

(a) All claims allowed under the provisions of this subchapter shall be paid upon award thereof by the Arkansas State Claims Commission from funds appropriated therefor. (b) The commission may impose reasonable requirements for protecting funds paid under this subchapter to children under eighteen (18) years of age, including, but not limited to, a guardianship of the estate. Acts 1969, No. 43, § 4; A.S.A. 1947, § 12-2350; Acts 1997, No. 547, § 6.

(a) All claims allowed under the provisions of this subchapter shall be paid upon award thereof by the Arkansas State Claims Commission from funds appropriated therefor.

(b) The commission may impose reasonable requirements for protecting funds paid under this subchapter to children under eighteen (18) years of age, including, but not limited to, a guardianship of the estate.

Acts 1969, No. 43, § 4; A.S.A. 1947, § 12-2350; Acts 1997, No. 547, § 6.
Ark. Code Ann. § 21-5-1302 — AR Code / Title 21 / Chapter 5 / Subchapter 13 / Section 21-5-1302
Participation in savings program
Status: in_force

(a) When a state employee begins his or her employment with an agency, the agency shall notify the state employee of: (1) Each savings program that is available; and (2) The state employee's ability to have a regular distribution made to a savings program from his or her salary before the state employee receives his or her payroll deposit or pay check. (b) (1) Upon request of the state employee, the agency charged with the duty to distribute the state employee's salary may withhold, by agreement with the state employee, an amount of money from the state employee's salary each payday for deposit into the state employee's savings program. (2) The amount withheld from the state employee's salary shall be designated by the state employee. (3) The agency that enters an agreement under this subsection shall deposit the money withheld from the state employee's salary into the state employee's savings program at the time the state employee's salary is distributed to the state employee. (c) An agency that is charged with the duty to distribute the state employee's salary shall adopt formal policies and guidelines in furtherance of this subchapter. Amended by Act 2021, No. 882,§ 2, eff. for tax years beginning on or after January 1, 2021. Added by Act 2015, No. 1255,§ 1, eff. 1/1/2016.

(a) When a state employee begins his or her employment with an agency, the agency shall notify the state employee of: (1) Each savings program that is available; and (2) The state employee's ability to have a regular distribution made to a savings program from his or her salary before the state employee receives his or her payroll deposit or pay check.

(1) Each savings program that is available; and

(2) The state employee's ability to have a regular distribution made to a savings program from his or her salary before the state employee receives his or her payroll deposit or pay check.

(b) (1) Upon request of the state employee, the agency charged with the duty to distribute the state employee's salary may withhold, by agreement with the state employee, an amount of money from the state employee's salary each payday for deposit into the state employee's savings program. (2) The amount withheld from the state employee's salary shall be designated by the state employee. (3) The agency that enters an agreement under this subsection shall deposit the money withheld from the state employee's salary into the state employee's savings program at the time the state employee's salary is distributed to the state employee.

(1) Upon request of the state employee, the agency charged with the duty to distribute the state employee's salary may withhold, by agreement with the state employee, an amount of money from the state employee's salary each payday for deposit into the state employee's savings program.

(2) The amount withheld from the state employee's salary shall be designated by the state employee.

(3) The agency that enters an agreement under this subsection shall deposit the money withheld from the state employee's salary into the state employee's savings program at the time the state employee's salary is distributed to the state employee.

(c) An agency that is charged with the duty to distribute the state employee's salary shall adopt formal policies and guidelines in furtherance of this subchapter.

Amended by Act 2021, No. 882,§ 2, eff. for tax years beginning on or after January 1, 2021.

Added by Act 2015, No. 1255,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 21-9-201 — AR Code / Title 21 / Chapter 9 / Subchapter 2 / Section 21-9-201
Definition
Status: in_force

For the purpose of this subchapter, elected state officials and members of commissions, boards, or other governing bodies of agencies are officers of the State of Arkansas. Acts 1977, No. 543, § 6; A.S.A. 1947, § 12-3406.

For the purpose of this subchapter, elected state officials and members of commissions, boards, or other governing bodies of agencies are officers of the State of Arkansas.

Acts 1977, No. 543, § 6; A.S.A. 1947, § 12-3406.
Ark. Code Ann. § 21-12-209 — AR Code / Title 21 / Chapter 12 / Subchapter 2 / Section 21-12-209
Allocation of costs
Status: in_force

(a) (1) If the accused is acquitted, he or she shall be entitled to his or her costs, to be taxed by the Secretary of the Senate and paid by the Treasurer of State. (2) If convicted, the accused shall pay the costs, to be taxed by the Secretary of the Senate, and recovered upon a motion by the Attorney General in the Pulaski County Circuit Court, at the first term thereof, without notice, or afterward on notice. (b) (1) If the impeachment is prosecuted on the petition of some citizen of the state, whose name is set at the foot of the articles of impeachment, the petitioner shall be liable for the costs of the accused if he or she is acquitted and also for the costs of prosecuting the impeachment, and, in that case, the state shall not be liable to pay any part of the costs. (2) (A) If the accused is convicted, the petitioner shall be entitled to recover from the accused the costs of the impeachment, for which the accused is liable. (B) The costs shall be taxed by the Secretary of the Senate and recovered by suit in a court of competent jurisdiction. Crim. Code, §§ 399, 400; C. & M. Dig., §§ 5628, 5629, 5633; Pope's Dig., §§ 7273, 7274, 7278; A.S.A. 1947, §§ 12-2220, 12-2221.

(a) (1) If the accused is acquitted, he or she shall be entitled to his or her costs, to be taxed by the Secretary of the Senate and paid by the Treasurer of State. (2) If convicted, the accused shall pay the costs, to be taxed by the Secretary of the Senate, and recovered upon a motion by the Attorney General in the Pulaski County Circuit Court, at the first term thereof, without notice, or afterward on notice.

(1) If the accused is acquitted, he or she shall be entitled to his or her costs, to be taxed by the Secretary of the Senate and paid by the Treasurer of State.

(2) If convicted, the accused shall pay the costs, to be taxed by the Secretary of the Senate, and recovered upon a motion by the Attorney General in the Pulaski County Circuit Court, at the first term thereof, without notice, or afterward on notice.

(b) (1) If the impeachment is prosecuted on the petition of some citizen of the state, whose name is set at the foot of the articles of impeachment, the petitioner shall be liable for the costs of the accused if he or she is acquitted and also for the costs of prosecuting the impeachment, and, in that case, the state shall not be liable to pay any part of the costs. (2) (A) If the accused is convicted, the petitioner shall be entitled to recover from the accused the costs of the impeachment, for which the accused is liable. (B) The costs shall be taxed by the Secretary of the Senate and recovered by suit in a court of competent jurisdiction.

(1) If the impeachment is prosecuted on the petition of some citizen of the state, whose name is set at the foot of the articles of impeachment, the petitioner shall be liable for the costs of the accused if he or she is acquitted and also for the costs of prosecuting the impeachment, and, in that case, the state shall not be liable to pay any part of the costs.

(2) (A) If the accused is convicted, the petitioner shall be entitled to recover from the accused the costs of the impeachment, for which the accused is liable. (B) The costs shall be taxed by the Secretary of the Senate and recovered by suit in a court of competent jurisdiction.

(A) If the accused is convicted, the petitioner shall be entitled to recover from the accused the costs of the impeachment, for which the accused is liable.

(B) The costs shall be taxed by the Secretary of the Senate and recovered by suit in a court of competent jurisdiction.

Crim. Code, §§ 399, 400; C. & M. Dig., §§ 5628, 5629, 5633; Pope's Dig., §§ 7273, 7274, 7278; A.S.A. 1947, §§ 12-2220, 12-2221.
Ark. Code Ann. § 21-8-203 — AR Code / Title 21 / Chapter 8 / Subchapter 2 / Section 21-8-203
Disclosure of income required
Status: in_force

The General Assembly determines that it is essential to the efficient operation of government, and to minimize the opportunities for conflicts of interest, that all state employees who are employed on a regular salary basis shall be required to disclose each source of income in excess of five hundred dollars ($500) earned during any calendar year from sources other than their regular salary from employment or from professional or consultant services rendered for any public agency. Acts 1977, No. 849, § 1; A.S.A. 1947, § 12-1628.

The General Assembly determines that it is essential to the efficient operation of government, and to minimize the opportunities for conflicts of interest, that all state employees who are employed on a regular salary basis shall be required to disclose each source of income in excess of five hundred dollars ($500) earned during any calendar year from sources other than their regular salary from employment or from professional or consultant services rendered for any public agency.

Acts 1977, No. 849, § 1; A.S.A. 1947, § 12-1628.
Ark. Code Ann. § 21-5-101 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-101
Regular Salary Procedures and Restrictions Act
Status: in_force

(a) This section and § 19-4-1601 shall be known as and may be cited as the "Regular Salary Procedures and Restrictions Act". (b) Arkansas Constitution, Article 16, § 4, provides: "Except as provided in Arkansas Constitution, Article 19, § 31, the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law." Therefore, the following provisions shall be applicable to all authorized regular salary positions in appropriation acts unless specific exception is made otherwise by law: (1) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., are to be applicable, it is declared to be the intent of the General Assembly that the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall govern with respect to: (A) The entrance pay level; (B) The procedures by which salary increases may be granted; and (C) The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which a maximum pay level is set out in dollars, it is the intent of the General Assembly that the position is to be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum pay level authorized is for full-time employment; (3) (A) For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service. (B) It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose. (C) An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and (4) An employee of the State of Arkansas shall not be paid any additional cash allowances, including without limitation uniform allowance, clothing allowance, motor vehicle depreciation or replacement allowance, fixed transportation allowance, and meals and lodging allowance, other than for reimbursement for costs actually incurred by the employee unless the allowances are specifically set out by law as to eligibility of employees to receive the allowances, and the maximum amount of the allowances is established by law for each employee or for each class of employees eligible to receive the allowances. Amended by Act 2019, No. 390,§ 3, eff. 7/24/2019. Acts 1973, No. 284, §§ 1, 2; A.S.A. 1947, §§ 12-1601.1, 12-1601.2; Acts 2009, No. 688, § 2.

(a) This section and § 19-4-1601 shall be known as and may be cited as the "Regular Salary Procedures and Restrictions Act".

(b) Arkansas Constitution, Article 16, § 4, provides: "Except as provided in Arkansas Constitution, Article 19, § 31, the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law." Therefore, the following provisions shall be applicable to all authorized regular salary positions in appropriation acts unless specific exception is made otherwise by law: (1) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., are to be applicable, it is declared to be the intent of the General Assembly that the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall govern with respect to: (A) The entrance pay level; (B) The procedures by which salary increases may be granted; and (C) The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which a maximum pay level is set out in dollars, it is the intent of the General Assembly that the position is to be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum pay level authorized is for full-time employment; (3) (A) For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service. (B) It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose. (C) An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and (4) An employee of the State of Arkansas shall not be paid any additional cash allowances, including without limitation uniform allowance, clothing allowance, motor vehicle depreciation or replacement allowance, fixed transportation allowance, and meals and lodging allowance, other than for reimbursement for costs actually incurred by the employee unless the allowances are specifically set out by law as to eligibility of employees to receive the allowances, and the maximum amount of the allowances is established by law for each employee or for each class of employees eligible to receive the allowances.

(1) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., are to be applicable, it is declared to be the intent of the General Assembly that the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall govern with respect to: (A) The entrance pay level; (B) The procedures by which salary increases may be granted; and (C) The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.;

(A) The entrance pay level;

(B) The procedures by which salary increases may be granted; and

(C) The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.;

(2) For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which a maximum pay level is set out in dollars, it is the intent of the General Assembly that the position is to be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum pay level authorized is for full-time employment;

(3) (A) For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service. (B) It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose. (C) An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and

(A) For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service.

(B) It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose.

(C) An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and

(4) An employee of the State of Arkansas shall not be paid any additional cash allowances, including without limitation uniform allowance, clothing allowance, motor vehicle depreciation or replacement allowance, fixed transportation allowance, and meals and lodging allowance, other than for reimbursement for costs actually incurred by the employee unless the allowances are specifically set out by law as to eligibility of employees to receive the allowances, and the maximum amount of the allowances is established by law for each employee or for each class of employees eligible to receive the allowances.

Amended by Act 2019, No. 390,§ 3, eff. 7/24/2019.

Acts 1973, No. 284, §§ 1, 2; A.S.A. 1947, §§ 12-1601.1, 12-1601.2; Acts 2009, No. 688, § 2.
Ark. Code Ann. § 21-14-303 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-303
Appointment and commission
Status: in_force

A notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State is eligible to become an electronic notary public. Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.

A notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State is eligible to become an electronic notary public.

Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.