Ark. Code Ann. § 21-2-805 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-805
Arkansas Cyber Response Board
Status: in_force

(a) (1) There is created the Arkansas Cyber Response Board, which shall be composed of the following members: (A) (i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities. (ii) (a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program. (b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments; (B) The Secretary of the Department of Education or his or her designee; (C) The Director of the Division of Information Systems or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) One (1) staff member of Arkansas Legislative Audit who is designated by the Legislative Auditor; and (F) The Insurance Commissioner or his or her designee. (2) The member under subdivision (a)(1)(F) of this section shall be a nonvoting board member. (3) The commissioner shall serve as the Chair of the Arkansas Cyber Response Board and call the first meeting no later than thirty (30) days after August 1, 2023. (4) Members of the board that are appointed by the Governor shall serve a term of six (6) years. (b) The board shall: (1) (A) Establish a definition of a cyberattack that will be covered under the Arkansas Self-Funded Cyber Response Program based on industry standards. (B) The definition of a cyberattack established under subdivision (b)(1)(A) of this section shall be reviewed annually and updated as necessary by the board; (2) Establish minimum cybersecurity standards for participating governmental entities; (3) Determine a maximum amount of program coverage, not to exceed fifty thousand dollars ($50,000), for participating governmental entities that have not met the minimum cybersecurity standards established by the board under this section; (4) Create a cyber response panel; (5) (A) Designate a cyber response contact. (B) The cyber response contact may select an entity from the cyber response panel to assist with forensic analysis, restoration guidance, and other board-authorized assistance to the participating governmental entity. (C) The cyber response contact shall provide to the board: (i) Prompt notice detailing the cyberattack; and (ii) A detailed report of the action that is being taken; (6) Promulgate rules and procedures regarding utilization of the program by participating governmental entities to generally align with the following procedures: (A) Upon discovery of a cyberattack, a participating governmental entity shall notify the cyber response contact designated by the board; (B) (i) The cyber response contact shall make a determination of program coverage in consultation with the board, if feasible. (ii) If consultation with the board is not feasible under subdivision (b)(6)(B)(i) of this section due to the timing of the cyberattack, then the cyber response contact shall review and evaluate criteria established by the board to make a determination of program coverage. (C) The cyber response contact shall notify the board once the cyber response contact has made a determination of program coverage; and (D) Any other procedures that the board deems necessary to carry out this subchapter. (c) (1) Board members shall receive no compensation for their services, but members other than the Secretary of the Department of Education, the Director of the Division of Information Systems, the Director of the Division of Emergency Management, the staff member of Arkansas Legislative Audit, the board member appointed by the Governor, and the commissioner may receive expense reimbursement under § 25-16-901 et seq. (2) The expense reimbursement of board members shall be paid from the Arkansas Self-Funded Cyber Response Program Trust Fund. (d) (1) The board shall meet at least quarterly. (2) If there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the board members. (3) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board. (4) The board may meet in person or virtually at the determination of the chair. (5) All action of the board shall be by majority vote of the membership in attendance. (6) (A) If a board member is unable to attend any board meeting, the board member shall appoint a designee to act as his or her representative. (B) The representative under subdivision (d)(6)(A) of this section shall have all the rights and privileges of the board member represented. (e) (1) Due to the potential threat to the security of participating governmental entities, all meetings, documents, and records, except financial records, shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The financial records of the fund shall not be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) However, all meetings, documents, records, and policy decisions shall be subject to review by the Joint Committee on Advanced Communications and Information Technology during a closed meeting. (f) The board shall prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning cyberattcks on participating governmental entities. (g) The board shall: (1) Administer the fund; and (2) Notify, in a timely manner, the cochairs of the Joint Committee on Advanced Communications and Information Technology of any payments made to a government entity of thirty-five thousand dollars ($35,000) or greater due to a cyberattack incidence. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

(a) (1) There is created the Arkansas Cyber Response Board, which shall be composed of the following members: (A) (i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities. (ii) (a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program. (b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments; (B) The Secretary of the Department of Education or his or her designee; (C) The Director of the Division of Information Systems or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) One (1) staff member of Arkansas Legislative Audit who is designated by the Legislative Auditor; and (F) The Insurance Commissioner or his or her designee. (2) The member under subdivision (a)(1)(F) of this section shall be a nonvoting board member. (3) The commissioner shall serve as the Chair of the Arkansas Cyber Response Board and call the first meeting no later than thirty (30) days after August 1, 2023. (4) Members of the board that are appointed by the Governor shall serve a term of six (6) years.

(1) There is created the Arkansas Cyber Response Board, which shall be composed of the following members: (A) (i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities. (ii) (a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program. (b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments; (B) The Secretary of the Department of Education or his or her designee; (C) The Director of the Division of Information Systems or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) One (1) staff member of Arkansas Legislative Audit who is designated by the Legislative Auditor; and (F) The Insurance Commissioner or his or her designee.

(A) (i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities. (ii) (a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program. (b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments;

(i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities.

(ii) (a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program. (b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments;

(a) In addition to the three (3) members appointed by the Governor under subdivision (a)(1)(A)(i) of this section: (1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and (2) The Governor shall appoint one (1) member if a higher education entity joins the program.

(1) The Governor shall appoint one (1) member if the State of Arkansas joins the Arkansas Self-Funded Cyber Response Program; and

(2) The Governor shall appoint one (1) member if a higher education entity joins the program.

(b) If the Governor appoints members under subdivision (a)(1)(A)(ii) (a) of this section, the Chair of the Arkansas Cyber Response Board shall notify the Legislative Council and the Director of the Bureau of Legislative Research of the additional appointments;

(B) The Secretary of the Department of Education or his or her designee;

(C) The Director of the Division of Information Systems or his or her designee;

(D) The Director of the Division of Emergency Management or his or her designee;

(E) One (1) staff member of Arkansas Legislative Audit who is designated by the Legislative Auditor; and

(F) The Insurance Commissioner or his or her designee.

(2) The member under subdivision (a)(1)(F) of this section shall be a nonvoting board member.

(3) The commissioner shall serve as the Chair of the Arkansas Cyber Response Board and call the first meeting no later than thirty (30) days after August 1, 2023.

(4) Members of the board that are appointed by the Governor shall serve a term of six (6) years.

(b) The board shall: (1) (A) Establish a definition of a cyberattack that will be covered under the Arkansas Self-Funded Cyber Response Program based on industry standards. (B) The definition of a cyberattack established under subdivision (b)(1)(A) of this section shall be reviewed annually and updated as necessary by the board; (2) Establish minimum cybersecurity standards for participating governmental entities; (3) Determine a maximum amount of program coverage, not to exceed fifty thousand dollars ($50,000), for participating governmental entities that have not met the minimum cybersecurity standards established by the board under this section; (4) Create a cyber response panel; (5) (A) Designate a cyber response contact. (B) The cyber response contact may select an entity from the cyber response panel to assist with forensic analysis, restoration guidance, and other board-authorized assistance to the participating governmental entity. (C) The cyber response contact shall provide to the board: (i) Prompt notice detailing the cyberattack; and (ii) A detailed report of the action that is being taken; (6) Promulgate rules and procedures regarding utilization of the program by participating governmental entities to generally align with the following procedures: (A) Upon discovery of a cyberattack, a participating governmental entity shall notify the cyber response contact designated by the board; (B) (i) The cyber response contact shall make a determination of program coverage in consultation with the board, if feasible. (ii) If consultation with the board is not feasible under subdivision (b)(6)(B)(i) of this section due to the timing of the cyberattack, then the cyber response contact shall review and evaluate criteria established by the board to make a determination of program coverage. (C) The cyber response contact shall notify the board once the cyber response contact has made a determination of program coverage; and (D) Any other procedures that the board deems necessary to carry out this subchapter.

(1) (A) Establish a definition of a cyberattack that will be covered under the Arkansas Self-Funded Cyber Response Program based on industry standards. (B) The definition of a cyberattack established under subdivision (b)(1)(A) of this section shall be reviewed annually and updated as necessary by the board;

(A) Establish a definition of a cyberattack that will be covered under the Arkansas Self-Funded Cyber Response Program based on industry standards.

(B) The definition of a cyberattack established under subdivision (b)(1)(A) of this section shall be reviewed annually and updated as necessary by the board;

(2) Establish minimum cybersecurity standards for participating governmental entities;

(3) Determine a maximum amount of program coverage, not to exceed fifty thousand dollars ($50,000), for participating governmental entities that have not met the minimum cybersecurity standards established by the board under this section;

(4) Create a cyber response panel;

(5) (A) Designate a cyber response contact. (B) The cyber response contact may select an entity from the cyber response panel to assist with forensic analysis, restoration guidance, and other board-authorized assistance to the participating governmental entity. (C) The cyber response contact shall provide to the board: (i) Prompt notice detailing the cyberattack; and (ii) A detailed report of the action that is being taken;

(A) Designate a cyber response contact.

(B) The cyber response contact may select an entity from the cyber response panel to assist with forensic analysis, restoration guidance, and other board-authorized assistance to the participating governmental entity.

(C) The cyber response contact shall provide to the board: (i) Prompt notice detailing the cyberattack; and (ii) A detailed report of the action that is being taken;

(i) Prompt notice detailing the cyberattack; and

(ii) A detailed report of the action that is being taken;

(6) Promulgate rules and procedures regarding utilization of the program by participating governmental entities to generally align with the following procedures: (A) Upon discovery of a cyberattack, a participating governmental entity shall notify the cyber response contact designated by the board; (B) (i) The cyber response contact shall make a determination of program coverage in consultation with the board, if feasible. (ii) If consultation with the board is not feasible under subdivision (b)(6)(B)(i) of this section due to the timing of the cyberattack, then the cyber response contact shall review and evaluate criteria established by the board to make a determination of program coverage. (C) The cyber response contact shall notify the board once the cyber response contact has made a determination of program coverage; and (D) Any other procedures that the board deems necessary to carry out this subchapter.

(A) Upon discovery of a cyberattack, a participating governmental entity shall notify the cyber response contact designated by the board;

(B) (i) The cyber response contact shall make a determination of program coverage in consultation with the board, if feasible. (ii) If consultation with the board is not feasible under subdivision (b)(6)(B)(i) of this section due to the timing of the cyberattack, then the cyber response contact shall review and evaluate criteria established by the board to make a determination of program coverage.

(i) The cyber response contact shall make a determination of program coverage in consultation with the board, if feasible.

(ii) If consultation with the board is not feasible under subdivision (b)(6)(B)(i) of this section due to the timing of the cyberattack, then the cyber response contact shall review and evaluate criteria established by the board to make a determination of program coverage.

(C) The cyber response contact shall notify the board once the cyber response contact has made a determination of program coverage; and

(D) Any other procedures that the board deems necessary to carry out this subchapter.

(c) (1) Board members shall receive no compensation for their services, but members other than the Secretary of the Department of Education, the Director of the Division of Information Systems, the Director of the Division of Emergency Management, the staff member of Arkansas Legislative Audit, the board member appointed by the Governor, and the commissioner may receive expense reimbursement under § 25-16-901 et seq. (2) The expense reimbursement of board members shall be paid from the Arkansas Self-Funded Cyber Response Program Trust Fund.

(1) Board members shall receive no compensation for their services, but members other than the Secretary of the Department of Education, the Director of the Division of Information Systems, the Director of the Division of Emergency Management, the staff member of Arkansas Legislative Audit, the board member appointed by the Governor, and the commissioner may receive expense reimbursement under § 25-16-901 et seq.

(2) The expense reimbursement of board members shall be paid from the Arkansas Self-Funded Cyber Response Program Trust Fund.

(d) (1) The board shall meet at least quarterly. (2) If there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the board members. (3) The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board. (4) The board may meet in person or virtually at the determination of the chair. (5) All action of the board shall be by majority vote of the membership in attendance. (6) (A) If a board member is unable to attend any board meeting, the board member shall appoint a designee to act as his or her representative. (B) The representative under subdivision (d)(6)(A) of this section shall have all the rights and privileges of the board member represented.

(1) The board shall meet at least quarterly.

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

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

(4) The board may meet in person or virtually at the determination of the chair.

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

(6) (A) If a board member is unable to attend any board meeting, the board member shall appoint a designee to act as his or her representative. (B) The representative under subdivision (d)(6)(A) of this section shall have all the rights and privileges of the board member represented.

(A) If a board member is unable to attend any board meeting, the board member shall appoint a designee to act as his or her representative.

(B) The representative under subdivision (d)(6)(A) of this section shall have all the rights and privileges of the board member represented.

(e) (1) Due to the potential threat to the security of participating governmental entities, all meetings, documents, and records, except financial records, shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) The financial records of the fund shall not be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) However, all meetings, documents, records, and policy decisions shall be subject to review by the Joint Committee on Advanced Communications and Information Technology during a closed meeting.

(1) Due to the potential threat to the security of participating governmental entities, all meetings, documents, and records, except financial records, shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) The financial records of the fund shall not be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) However, all meetings, documents, records, and policy decisions shall be subject to review by the Joint Committee on Advanced Communications and Information Technology during a closed meeting.

(f) The board shall prepare and submit an annual report to the Joint Committee on Advanced Communications and Information Technology concerning cyberattcks on participating governmental entities.

(g) The board shall: (1) Administer the fund; and (2) Notify, in a timely manner, the cochairs of the Joint Committee on Advanced Communications and Information Technology of any payments made to a government entity of thirty-five thousand dollars ($35,000) or greater due to a cyberattack incidence.

(1) Administer the fund; and

(2) Notify, in a timely manner, the cochairs of the Joint Committee on Advanced Communications and Information Technology of any payments made to a government entity of thirty-five thousand dollars ($35,000) or greater due to a cyberattack incidence.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-15-104 — AR Code / Title 21 / Chapter 15 / Section 21-15-104
Waiver of exclusion or discharge requirement for persons in designated positions
Status: in_force

(a) (1) The provisions of § 21-15-102(a)(4) and § 21-15-102(f) , § 21-15-103(e) , § 21-15-103(g) , and § 21-15-110(b) may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in a designated position who is subject to discharge. (2) A request for a waiver must be made within five (5) days of receipt of the criminal background check or central registry check. (3) If the crime is a misdemeanor and more than five (5) years have elapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted. (4) If the waiver is not granted and the request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee. (5) If the waiver is not granted and the request was for an applicant, the state agency is prohibited from hiring the applicant. (6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay. (b) (1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment. (2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant or employee does not pose a threat to the health or safety of children or other clients of the state agency. (c) 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 may not be waived by the director of a state agency: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping, § 5-11-102 ; (5) Rape, § 5-14-103 ; (6) Sexual assault in the first degree, § 5-14-124 ; (7) Sexual assault in the second degree, § 5-14-125 ; (8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (9) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (10) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (11) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (12) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (13) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (14) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (15) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (16) Adult abuse that constitutes a felony, § 5-28-103 ; (17) Arson, § 5-38-301 ; (18) Possession or use of child sexual abuse material, § 5-27-603 ; (19) Computer exploitation of a child in the first degree, § 5-27-605 ; (20) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (21) Sexual extortion, § 5-14-113 . Amended by Act 2023, No. 619,§ 29, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 15, eff. 8/1/2023. Amended by Act 2017, No. 664,§ 25, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 31, eff. 8/1/2017. Acts 1997, No. 1019, § 4; 1999, No. 1409, § 14; 2001, No. 995, § 4; 2003, No. 1087, § 24; 2003, No. 1377, § 1; 2005, No. 1422, § 1; 2007, No. 827, §§ 181, 182; 2007, No. 991, § 4.

(a) (1) The provisions of § 21-15-102(a)(4) and § 21-15-102(f) , § 21-15-103(e) , § 21-15-103(g) , and § 21-15-110(b) may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in a designated position who is subject to discharge. (2) A request for a waiver must be made within five (5) days of receipt of the criminal background check or central registry check. (3) If the crime is a misdemeanor and more than five (5) years have elapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted. (4) If the waiver is not granted and the request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee. (5) If the waiver is not granted and the request was for an applicant, the state agency is prohibited from hiring the applicant. (6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.

(1) The provisions of § 21-15-102(a)(4) and § 21-15-102(f) , § 21-15-103(e) , § 21-15-103(g) , and § 21-15-110(b) may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in a designated position who is subject to discharge.

(A) A supervisor or other managerial employee in the state agency;

(B) An affected applicant; or

(C) An incumbent employee in a designated position who is subject to discharge.

(2) A request for a waiver must be made within five (5) days of receipt of the criminal background check or central registry check.

(3) If the crime is a misdemeanor and more than five (5) years have elapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.

(4) If the waiver is not granted and the request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.

(5) If the waiver is not granted and the request was for an applicant, the state agency is prohibited from hiring the applicant.

(6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.

(b) (1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment. (2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant or employee does not pose a threat to the health or safety of children or other clients of the state agency.

(1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.

(2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant or employee does not pose a threat to the health or safety of children or other clients of the state agency.

(A) The age at which the crime or act was committed;

(B) The circumstances surrounding the crime or act;

(C) The length of time since the crime or act;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant or employee does not pose a threat to the health or safety of children or other clients of the state agency.

(c) 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 may not be waived by the director of a state agency: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping, § 5-11-102 ; (5) Rape, § 5-14-103 ; (6) Sexual assault in the first degree, § 5-14-124 ; (7) Sexual assault in the second degree, § 5-14-125 ; (8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (9) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (10) Endangering the welfare of a minor in the first degree, § 5-27-205 ; (11) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (12) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (13) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (14) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (15) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (16) Adult abuse that constitutes a felony, § 5-28-103 ; (17) Arson, § 5-38-301 ; (18) Possession or use of child sexual abuse material, § 5-27-603 ; (19) Computer exploitation of a child in the first degree, § 5-27-605 ; (20) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (21) Sexual extortion, § 5-14-113 .

(1) Capital murder, § 5-10-101 ;

(2) Murder in the first degree, § 5-10-102 ;

(3) Murder in the second degree, § 5-10-103 ;

(4) Kidnapping, § 5-11-102 ;

(5) Rape, § 5-14-103 ;

(6) Sexual assault in the first degree, § 5-14-124 ;

(7) Sexual assault in the second degree, § 5-14-125 ;

(8) Sexual indecency with a child, § 5-14-110 , if the offense is a felony;

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

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

(11) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(12) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

(13) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(14) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(15) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(16) Adult abuse that constitutes a felony, § 5-28-103 ;

(17) Arson, § 5-38-301 ;

(18) Possession or use of child sexual abuse material, § 5-27-603 ;

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

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

(21) Sexual extortion, § 5-14-113 .

Amended by Act 2023, No. 619,§ 29, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 15, eff. 8/1/2023.

Amended by Act 2017, No. 664,§ 25, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 31, eff. 8/1/2017.

Acts 1997, No. 1019, § 4; 1999, No. 1409, § 14; 2001, No. 995, § 4; 2003, No. 1087, § 24; 2003, No. 1377, § 1; 2005, No. 1422, § 1; 2007, No. 827, §§ 181, 182; 2007, No. 991, § 4.
Ark. Code Ann. § 21-5-1007 — AR Code / Title 21 / Chapter 5 / Subchapter 10 / Section 21-5-1007
Annual leave
Status: in_force

(a) When an officer or employee of a state office or agency excluded from the provisions of the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., by the definition of "state agencies" in § 21-4-203 leaves employment of the excluded office or agency and becomes employed by an agency or institution which is subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., the period of employment with the excluded office or agency shall be included as state employee service for the purpose of determining the rate at which the employee earns paid annual leave. (b) The provisions of this section shall be applied in computing annual leave earned after March 27, 1997. Acts 1997, No. 899, § 7.

(a) When an officer or employee of a state office or agency excluded from the provisions of the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., by the definition of "state agencies" in § 21-4-203 leaves employment of the excluded office or agency and becomes employed by an agency or institution which is subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq., the period of employment with the excluded office or agency shall be included as state employee service for the purpose of determining the rate at which the employee earns paid annual leave.

(b) The provisions of this section shall be applied in computing annual leave earned after March 27, 1997.

Acts 1997, No. 899, § 7.
Ark. Code Ann. § 21-3-502 — AR Code / Title 21 / Chapter 3 / Subchapter 5 / Section 21-3-502
Definitions
Status: in_force

For the purposes of this subchapter: (1) "Academic credit" means the recognized unit requirements which students attending eligible institutions must accomplish in order to receive a degree for completion of a two-year or four-year course of study; (2) "Arkansas Cooperative Education Advisory Committee" means the committee established by this subchapter to: (A) Determine the eligibility of educational institutions; (B) Review the operation of the cooperative education program through periodic meetings; (C) Make recommendations to the participating institutions, the State Personnel Administrator, and to the General Assembly; and (D) Perform all other appropriate functions to provide for the advancement of the cooperative education program; (3) (A) "Cooperative education" means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations. (B) The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives; (4) "Eligible institutions of higher education" means any public or private two-year or four-year institution of higher education within the State of Arkansas which: (A) Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation; (B) Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and (C) Is certified to the State Personnel Administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in § 21-3-508 ; and (5) "State Personnel Administrator" means the head of the Office of Personnel Management, his or her successor, or the person designated by the State Personnel Administrator to perform the duties assigned to the State Personnel Administrator or to the office. Acts 1975, No. 551, § 2; A.S.A. 1947, § 12-2356.

For the purposes of this subchapter:

(1) "Academic credit" means the recognized unit requirements which students attending eligible institutions must accomplish in order to receive a degree for completion of a two-year or four-year course of study;

(2) "Arkansas Cooperative Education Advisory Committee" means the committee established by this subchapter to: (A) Determine the eligibility of educational institutions; (B) Review the operation of the cooperative education program through periodic meetings; (C) Make recommendations to the participating institutions, the State Personnel Administrator, and to the General Assembly; and (D) Perform all other appropriate functions to provide for the advancement of the cooperative education program;

(A) Determine the eligibility of educational institutions;

(B) Review the operation of the cooperative education program through periodic meetings;

(C) Make recommendations to the participating institutions, the State Personnel Administrator, and to the General Assembly; and

(D) Perform all other appropriate functions to provide for the advancement of the cooperative education program;

(3) (A) "Cooperative education" means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations. (B) The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives;

(A) "Cooperative education" means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations.

(B) The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives;

(4) "Eligible institutions of higher education" means any public or private two-year or four-year institution of higher education within the State of Arkansas which: (A) Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation; (B) Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and (C) Is certified to the State Personnel Administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in § 21-3-508 ; and

(A) Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation;

(B) Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and

(C) Is certified to the State Personnel Administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in § 21-3-508 ; and

(5) "State Personnel Administrator" means the head of the Office of Personnel Management, his or her successor, or the person designated by the State Personnel Administrator to perform the duties assigned to the State Personnel Administrator or to the office.

Acts 1975, No. 551, § 2; A.S.A. 1947, § 12-2356.
Ark. Code Ann. § 21-8-305 — AR Code / Title 21 / Chapter 8 / Subchapter 3 / Section 21-8-305
Person convicted of public trust crime ineligible as candidate for office or to hold office
Status: in_force

(a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not: (1) File as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state; (2) Run as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state; or (3) Hold: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state. (b) (1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold an elected office under this section. (2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section: (A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and (B) Shall not publicly state or affirm under oath that the: (i) Conduct underlying the plea or finding did not occur; (ii) Record of the underlying plea or finding does not exist; or (iii) Person has not been convicted of a criminal offense. (3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of an elected office. Amended by Act 2021, No. 540,§ 1, eff. 7/28/2021. Added by Act 2019, No. 894,§ 2, eff. 7/24/2019.

(a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not: (1) File as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state; (2) Run as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state; or (3) Hold: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state.

(1) File as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state;

(A) A constitutional office;

(B) A county elected office; or

(C) An elected office in a municipality, city, township, or other political subdivision of the state;

(2) Run as a candidate for: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state; or

(A) A constitutional office;

(B) A county elected office; or

(C) An elected office in a municipality, city, township, or other political subdivision of the state; or

(3) Hold: (A) A constitutional office; (B) A county elected office; or (C) An elected office in a municipality, city, township, or other political subdivision of the state.

(A) A constitutional office;

(B) A county elected office; or

(C) An elected office in a municipality, city, township, or other political subdivision of the state.

(b) (1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold an elected office under this section. (2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section: (A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and (B) Shall not publicly state or affirm under oath that the: (i) Conduct underlying the plea or finding did not occur; (ii) Record of the underlying plea or finding does not exist; or (iii) Person has not been convicted of a criminal offense. (3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of an elected office.

(1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold an elected office under this section.

(2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section: (A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and (B) Shall not publicly state or affirm under oath that the: (i) Conduct underlying the plea or finding did not occur; (ii) Record of the underlying plea or finding does not exist; or (iii) Person has not been convicted of a criminal offense.

(A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and

(B) Shall not publicly state or affirm under oath that the: (i) Conduct underlying the plea or finding did not occur; (ii) Record of the underlying plea or finding does not exist; or (iii) Person has not been convicted of a criminal offense.

(i) Conduct underlying the plea or finding did not occur;

(ii) Record of the underlying plea or finding does not exist; or

(iii) Person has not been convicted of a criminal offense.

(3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of an elected office.

Amended by Act 2021, No. 540,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 894,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 21-15-113 — AR Code / Title 21 / Chapter 15 / Section 21-15-113
Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions
Status: in_force

(a) (1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in the designated financial or information technology position who is subject to discharge. (2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check. (3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted. (4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee. (5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position. (6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay. (b) (1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment. (2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating the rehabilitation of the applicant or employee. Acts 2005, No. 1422, § 3; Acts 2007, No. 827, § 183.

(a) (1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in the designated financial or information technology position who is subject to discharge. (2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check. (3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted. (4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee. (5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position. (6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.

(1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of: (A) A supervisor or other managerial employee in the state agency; (B) An affected applicant; or (C) An incumbent employee in the designated financial or information technology position who is subject to discharge.

(A) A supervisor or other managerial employee in the state agency;

(B) An affected applicant; or

(C) An incumbent employee in the designated financial or information technology position who is subject to discharge.

(2) A request for a waiver must be made within five (5) days of the receipt of the criminal background check.

(3) If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.

(4) If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.

(5) If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position.

(6) If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.

(b) (1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment. (2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating the rehabilitation of the applicant or employee.

(1) A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.

(2) Evidence of rehabilitation may include: (A) The age at which the crime or act was committed; (B) The circumstances surrounding the crime or act; (C) The length of time since the crime or act; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating the rehabilitation of the applicant or employee.

(A) The age at which the crime or act was committed;

(B) The circumstances surrounding the crime or act;

(C) The length of time since the crime or act;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating the rehabilitation of the applicant or employee.

Acts 2005, No. 1422, § 3; Acts 2007, No. 827, § 183.
Ark. Code Ann. § 21-2-702 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-702
Definitions
Status: in_force

As used in this subchapter: (1) "Audit" or "audit report" means an audit or other statutorily allowed financial examination of the books and records; (2) "Commissioner" means the Insurance Commissioner; (3) "County" means the county or counties of the State of Arkansas; (4) "County public official" or "county public employee" means any elected officer of the counties and the employees or deputies of any elected officer, members of the quorum court, and the members of the various county boards and commissions, excluding officials and employees of county hospitals, county nursing homes, and conservation and improvement districts; (5) (A) "Fidelity bond" means coverage for direct pecuniary loss of value sustained as defined in subdivisions (6), (10), and (13) of this section, that is incurred as a result of any fraudulent or dishonest act, whether or not the result of a single act or series of acts committed against a participating government entity by officials or employees. (B) "Fidelity bond" includes a fidelity blanket bond; (6) "Money" means currency, coins, and bank notes in current use and having a face value and travelers' checks, register checks, and money orders held for sale to the general public; (7) "Municipal" or "municipality" means the municipalities of the State of Arkansas; (8) "Municipal public official" or "municipal public employee" means any elected officer of the municipalities and the employees or deputies of any elected officer, specifically including salaried municipal employees of municipally owned utilities, members of the city council, including the mayor, and the members of the various municipal boards and commissions, but excluding officials and employees of municipal hospitals, nursing homes, and improvement districts; (9) "Participating governmental entity" means those organizations defined in subdivisions (3), (7), (11), and (14) of this section; (10) "Property other than money and securities" means any tangible property, other than money and securities, that has intrinsic value; (11) "School district" means the school districts and open-enrollment public charter schools of the State of Arkansas; (12) "School district public official" or "school district public employee" means all school district salaried officials and salaried school district employees, whether elected or appointed, and the members of local school boards of directors; (13) "Securities" means negotiable and nonnegotiable instruments or contracts representing either money or other property and includes: (A) Tokens, tickets, and revenue and other stamps in current use whether represented by actual stamps or unused value in a meter; and (B) Evidences of debt, other than money, issued in connection with credit or charge cards; (14) "State" means the State of Arkansas; (15) "State officers and employees" means all elected and appointed salaried officials of the state and their salaried state employees, the salaried officials and salaried employees of all state boards and commissions, members of the General Assembly, and nonsalaried appointed members of the various state boards and commissions; and (16) "State public official" or "state public employee" means any elected or appointed salaried officer of the State of Arkansas and the salaried governmental employees of that elected or appointed officer, members of the General Assembly, and the nonsalaried members of the various state boards and commissions. Amended by Act 2023, No. 826,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 367,§ 2, eff. 7/28/2021. Amended by Act 2015, No. 846,§ 37, eff. 7/22/2015. Acts 1987, No. 728, § 2; 1993, No. 319, § 1; 2001, No. 208, § 1; 2001, No. 1038, § 1.

As used in this subchapter:

(1) "Audit" or "audit report" means an audit or other statutorily allowed financial examination of the books and records;

(2) "Commissioner" means the Insurance Commissioner;

(3) "County" means the county or counties of the State of Arkansas;

(4) "County public official" or "county public employee" means any elected officer of the counties and the employees or deputies of any elected officer, members of the quorum court, and the members of the various county boards and commissions, excluding officials and employees of county hospitals, county nursing homes, and conservation and improvement districts;

(5) (A) "Fidelity bond" means coverage for direct pecuniary loss of value sustained as defined in subdivisions (6), (10), and (13) of this section, that is incurred as a result of any fraudulent or dishonest act, whether or not the result of a single act or series of acts committed against a participating government entity by officials or employees. (B) "Fidelity bond" includes a fidelity blanket bond;

(A) "Fidelity bond" means coverage for direct pecuniary loss of value sustained as defined in subdivisions (6), (10), and (13) of this section, that is incurred as a result of any fraudulent or dishonest act, whether or not the result of a single act or series of acts committed against a participating government entity by officials or employees.

(B) "Fidelity bond" includes a fidelity blanket bond;

(6) "Money" means currency, coins, and bank notes in current use and having a face value and travelers' checks, register checks, and money orders held for sale to the general public;

(7) "Municipal" or "municipality" means the municipalities of the State of Arkansas;

(8) "Municipal public official" or "municipal public employee" means any elected officer of the municipalities and the employees or deputies of any elected officer, specifically including salaried municipal employees of municipally owned utilities, members of the city council, including the mayor, and the members of the various municipal boards and commissions, but excluding officials and employees of municipal hospitals, nursing homes, and improvement districts;

(9) "Participating governmental entity" means those organizations defined in subdivisions (3), (7), (11), and (14) of this section;

(10) "Property other than money and securities" means any tangible property, other than money and securities, that has intrinsic value;

(11) "School district" means the school districts and open-enrollment public charter schools of the State of Arkansas;

(12) "School district public official" or "school district public employee" means all school district salaried officials and salaried school district employees, whether elected or appointed, and the members of local school boards of directors;

(13) "Securities" means negotiable and nonnegotiable instruments or contracts representing either money or other property and includes: (A) Tokens, tickets, and revenue and other stamps in current use whether represented by actual stamps or unused value in a meter; and (B) Evidences of debt, other than money, issued in connection with credit or charge cards;

(A) Tokens, tickets, and revenue and other stamps in current use whether represented by actual stamps or unused value in a meter; and

(B) Evidences of debt, other than money, issued in connection with credit or charge cards;

(14) "State" means the State of Arkansas;

(15) "State officers and employees" means all elected and appointed salaried officials of the state and their salaried state employees, the salaried officials and salaried employees of all state boards and commissions, members of the General Assembly, and nonsalaried appointed members of the various state boards and commissions; and

(16) "State public official" or "state public employee" means any elected or appointed salaried officer of the State of Arkansas and the salaried governmental employees of that elected or appointed officer, members of the General Assembly, and the nonsalaried members of the various state boards and commissions.

Amended by Act 2023, No. 826,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 367,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 846,§ 37, eff. 7/22/2015.

Acts 1987, No. 728, § 2; 1993, No. 319, § 1; 2001, No. 208, § 1; 2001, No. 1038, § 1.
Ark. Code Ann. § 21-2-706 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-706
Administration
Status: in_force

It is the responsibility of the Governmental Bonding Board to develop and administer the Self-Insured Fidelity Bond Program. Amended by Act 2021, No. 367,§ 5, eff. 7/28/2021. Acts 1987, No. 728, § 8.

It is the responsibility of the Governmental Bonding Board to develop and administer the Self-Insured Fidelity Bond Program.

Amended by Act 2021, No. 367,§ 5, eff. 7/28/2021.

Acts 1987, No. 728, § 8.
Ark. Code Ann. § 21-12-402 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-402
Private person to deliver official records - Penalty for noncompliance
Status: in_force

If any private person shall have or obtain possession of any books, records, or papers appertaining to any public officer, he or she shall deliver them to the officer entitled to them, and if he or she fails so to do, he or she shall be proceeded against in all respects as is provided in this subchapter in cases of officers. Rev. Stat., ch. 121, § 10; C. & M. Dig., § 8341; Pope's Dig., § 10937; A.S.A. 1947, § 12-2010.

If any private person shall have or obtain possession of any books, records, or papers appertaining to any public officer, he or she shall deliver them to the officer entitled to them, and if he or she fails so to do, he or she shall be proceeded against in all respects as is provided in this subchapter in cases of officers.

Rev. Stat., ch. 121, § 10; C. & M. Dig., § 8341; Pope's Dig., § 10937; A.S.A. 1947, § 12-2010.
Ark. Code Ann. § 21-8-803 — AR Code / Title 21 / Chapter 8 / Subchapter 8 / Section 21-8-803
Reporting of potential conflicts
Status: in_force

(a) A legislator who is required to take an action in the discharge of his or her official duties that may affect his or her financial interest or cause financial benefit or detriment to him or her, or a business in which he or she is an officer, director, stockholder owning more than ten percent (10%) of the stock of the company, owner, trustee, partner, or employee, which is distinguishable from the effects of the action on the public generally or a broad segment of the public, shall: (1) Prepare a written statement describing the matter requiring action and stating the potential conflict; and (2) (A) Deliver a copy of the statement to the appropriate official to be filed with the statement of financial interest. (B) The copy of the statement may be delivered in person by the public official, by mail, or by a person authorized by the public official to deliver the copy. (b) The obligation to report a potential conflict of interest under this section arises as soon as the legislator is aware of the conflict. (c) If the statement of financial interest filed by the legislator makes the conflict readily apparent, then no report need be filed. Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 4.

(a) A legislator who is required to take an action in the discharge of his or her official duties that may affect his or her financial interest or cause financial benefit or detriment to him or her, or a business in which he or she is an officer, director, stockholder owning more than ten percent (10%) of the stock of the company, owner, trustee, partner, or employee, which is distinguishable from the effects of the action on the public generally or a broad segment of the public, shall: (1) Prepare a written statement describing the matter requiring action and stating the potential conflict; and (2) (A) Deliver a copy of the statement to the appropriate official to be filed with the statement of financial interest. (B) The copy of the statement may be delivered in person by the public official, by mail, or by a person authorized by the public official to deliver the copy.

(1) Prepare a written statement describing the matter requiring action and stating the potential conflict; and

(2) (A) Deliver a copy of the statement to the appropriate official to be filed with the statement of financial interest. (B) The copy of the statement may be delivered in person by the public official, by mail, or by a person authorized by the public official to deliver the copy.

(A) Deliver a copy of the statement to the appropriate official to be filed with the statement of financial interest.

(B) The copy of the statement may be delivered in person by the public official, by mail, or by a person authorized by the public official to deliver the copy.

(b) The obligation to report a potential conflict of interest under this section arises as soon as the legislator is aware of the conflict.

(c) If the statement of financial interest filed by the legislator makes the conflict readily apparent, then no report need be filed.

Init. Meas. 1988, No. 1, § 1; Acts 1989, No. 719, § 4.
Ark. Code Ann. § 21-13-104 — AR Code / Title 21 / Chapter 13 / Section 21-13-104
No legal claim created - Exceptions
Status: in_force

Nothing in this chapter shall be deemed to provide a lawful claim or right of volunteers for meals, lodging, transportation, or liability insurance coverage, unless each of the respective departments has: (1) Made provision for such benefits; (2) Established appropriate safeguards for eligibility for the benefits; and (3) Determined that sufficient funds are available to the department to defray the cost of the benefits. Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705.

Nothing in this chapter shall be deemed to provide a lawful claim or right of volunteers for meals, lodging, transportation, or liability insurance coverage, unless each of the respective departments has:

(1) Made provision for such benefits;

(2) Established appropriate safeguards for eligibility for the benefits; and

(3) Determined that sufficient funds are available to the department to defray the cost of the benefits.

Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705.
Ark. Code Ann. § 21-6-308 — AR Code / Title 21 / Chapter 6 / Subchapter 3 / Section 21-6-308
Constables
Status: in_force

(a) The quorum court may fix the salary of the constables that are elected within the jurisdiction of the quorum court. (b) All constables in this state shall collect and account for all fees collected, and the fees shall be deposited with the county treasurer in the constable's jurisdiction not more than thirty (30) days after their collection. (c) Constables shall collect and account for the following fees: (1) For serving a warrant in a criminal case, for each defendant ............... $ 2.00 (2) For taking a criminal to jail ............... 2.00 (3) For summoning each jury before a justice of the peace ............... 1.00 (4) For levying each execution ............... 2.00 (5) For taking each delivery bond ............... 1.00 (6) For summoning each witness ............... .75 (7) For levying a writ of attachment ............... 2.00 (8) For every return of non est on a writ, original or judicial, or subpoena ............... .20 (9) For return of nulla bona ............... .20 (10) For attending a trial of each case in the court of a justice of the peace ............... .50 (11) For attending and calling court at each trial upon continuance ............... .50 (12) For care of each prisoner while in actual custody for each day ............... .75 (13) For summoning each defendant ............... 2.00. Acts 1875, No. 77, § 31, p. 167; 1875 (Adj. Sess.), No. 58, § 11, p. 103; 1885, No. 97, § 1, p. 156; 1885, No. 98, § 2, p. 157; 1899, No. 190, § 1, p. 334; 1903, No. 32, § 1, p. 55; C. & M. Dig., § 4598; Pope's Dig., § 5687; Acts 1947, No. 221, § 1; 1961, No. 472, § 1; 1971, No. 233, § 1; 1973, No. 141, § 1; A.S.A. 1947, § 12-1730; Acts 2011, No. 561, § 5.

(a) The quorum court may fix the salary of the constables that are elected within the jurisdiction of the quorum court.

(b) All constables in this state shall collect and account for all fees collected, and the fees shall be deposited with the county treasurer in the constable's jurisdiction not more than thirty (30) days after their collection.

(c) Constables shall collect and account for the following fees: (1) For serving a warrant in a criminal case, for each defendant ............... $ 2.00 (2) For taking a criminal to jail ............... 2.00 (3) For summoning each jury before a justice of the peace ............... 1.00 (4) For levying each execution ............... 2.00 (5) For taking each delivery bond ............... 1.00 (6) For summoning each witness ............... .75 (7) For levying a writ of attachment ............... 2.00 (8) For every return of non est on a writ, original or judicial, or subpoena ............... .20 (9) For return of nulla bona ............... .20 (10) For attending a trial of each case in the court of a justice of the peace ............... .50 (11) For attending and calling court at each trial upon continuance ............... .50 (12) For care of each prisoner while in actual custody for each day ............... .75 (13) For summoning each defendant ............... 2.00.

(1) For serving a warrant in a criminal case, for each defendant ............... $ 2.00

(2) For taking a criminal to jail ............... 2.00

(3) For summoning each jury before a justice of the peace ............... 1.00

(4) For levying each execution ............... 2.00

(5) For taking each delivery bond ............... 1.00

(6) For summoning each witness ............... .75

(7) For levying a writ of attachment ............... 2.00

(8) For every return of non est on a writ, original or judicial, or subpoena ............... .20

(9) For return of nulla bona ............... .20

(10) For attending a trial of each case in the court of a justice of the peace ............... .50

(11) For attending and calling court at each trial upon continuance ............... .50

(12) For care of each prisoner while in actual custody for each day ............... .75

(13) For summoning each defendant ............... 2.00.

Acts 1875, No. 77, § 31, p. 167; 1875 (Adj. Sess.), No. 58, § 11, p. 103; 1885, No. 97, § 1, p. 156; 1885, No. 98, § 2, p. 157; 1899, No. 190, § 1, p. 334; 1903, No. 32, § 1, p. 55; C. & M. Dig., § 4598; Pope's Dig., § 5687; Acts 1947, No. 221, § 1; 1961, No. 472, § 1; 1971, No. 233, § 1; 1973, No. 141, § 1; A.S.A. 1947, § 12-1730; Acts 2011, No. 561, § 5.
Ark. Code Ann. § 21-5-1404 — AR Code / Title 21 / Chapter 5 / Subchapter 14 / Section 21-5-1404
[Repealed]
Status: repealed

Repealed by Act 2023, No. 778,§ 5, eff. 7/1/2023. Amended by Act 2023, No. 870,§ 36, 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.

Amended by Act 2023, No. 870,§ 36, eff. 7/1/2023.

Added by Act 2017, No. 599,§ 4, eff. 7/1/2017.
Ark. Code Ann. § 21-3-101 — AR Code / Title 21 / Chapter 3 / Subchapter 1 / Section 21-3-101
Equal employment hiring program
Status: in_force

(a) Every state department, agency, board, commission, and institution of higher education and every constitutional officer as defined in Arkansas Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal employment hiring program designed to achieve a goal of increasing the percentage of minority employees within the state department, agency, board, commission, and institution of higher education and within the constitutional office to a level that approximates the percentage of minorities in the state's population. (b) (1) Every state department, agency, board, commission, and institution of higher education and every constitutional officer shall report to the Legislative Council on June 30 of each year regarding its efforts to achieve its equal employment hiring program goal. (2) However, the report required of any institution by § 6-63-103 may be used in lieu of the report required under this subsection and shall be filed as provided in this subsection. (c) The employee handbook or manual of every state department, agency, board, commission, and institution of higher education and every employee handbook or manual of every constitutional office shall include the following statement in describing the equal employment opportunity hiring program required under this section: "The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information." Amended by Act 2021, No. 88,§ 1, eff. 7/28/2021. Acts 1993, No. 426, § 1; 2001, No. 1226, § 1.

(a) Every state department, agency, board, commission, and institution of higher education and every constitutional officer as defined in Arkansas Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal employment hiring program designed to achieve a goal of increasing the percentage of minority employees within the state department, agency, board, commission, and institution of higher education and within the constitutional office to a level that approximates the percentage of minorities in the state's population.

(b) (1) Every state department, agency, board, commission, and institution of higher education and every constitutional officer shall report to the Legislative Council on June 30 of each year regarding its efforts to achieve its equal employment hiring program goal. (2) However, the report required of any institution by § 6-63-103 may be used in lieu of the report required under this subsection and shall be filed as provided in this subsection.

(1) Every state department, agency, board, commission, and institution of higher education and every constitutional officer shall report to the Legislative Council on June 30 of each year regarding its efforts to achieve its equal employment hiring program goal.

(2) However, the report required of any institution by § 6-63-103 may be used in lieu of the report required under this subsection and shall be filed as provided in this subsection.

(c) The employee handbook or manual of every state department, agency, board, commission, and institution of higher education and every employee handbook or manual of every constitutional office shall include the following statement in describing the equal employment opportunity hiring program required under this section: "The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information."

"The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information."

Amended by Act 2021, No. 88,§ 1, eff. 7/28/2021.

Acts 1993, No. 426, § 1; 2001, No. 1226, § 1.
Ark. Code Ann. § 21-15-105 — AR Code / Title 21 / Chapter 15 / Section 21-15-105
Confidentiality
Status: in_force

(a) Any information received by a state agency from the Identification Bureau of the Division of Arkansas State Police or from a central registry check under this subchapter shall not be available for examination, and no record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (b) Any information made available to the affected applicant for employment or the person who is subject to discharge shall be information pertaining to that applicant only. (c) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than a background check. Amended by Act 2015, No. 861,§ 8, eff. 3/31/2015. Acts 1997, No. 1019, § 5; 2001, No. 995, § 5.

(a) Any information received by a state agency from the Identification Bureau of the Division of Arkansas State Police or from a central registry check under this subchapter shall not be available for examination, and no record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(b) Any information made available to the affected applicant for employment or the person who is subject to discharge shall be information pertaining to that applicant only.

(c) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than a background check.

Amended by Act 2015, No. 861,§ 8, eff. 3/31/2015.

Acts 1997, No. 1019, § 5; 2001, No. 995, § 5.
Ark. Code Ann. § 21-6-406 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-406
Clerks of county courts - Miscellaneous fees
Status: in_force

(a) A clerk of a county court may charge the following maximum fees: (1) For each order to erect or repair bridge ............... $ .50 (2) For making out and issuing an order for the appointment of a commissioner to erect or repair any bridge ............... .50 (3) For filing a bond of any contractor ............... .10 (4) For reading and filing every petition and recording the order to be made thereon, for every one hundred (100) words ............... .20 (5) For making copy of petition, order, and other papers pertaining thereto, for every one hundred (100) words ............... .20 (6) For reading and filing a remonstrance against any road or bridge ............... .25 (7) For each certificate of appointment of road reviewers ............... .25 (8) For issuing a precept of inquiry of damages in the case of roads ............... .50 (9) For entering order for the appointment of a justice of the peace to apportion hands to work on roads, and copy of same, for every one hundred (100) words ............... .20 (10) For entering the appointment of each overseer of a road ............... .25 (11) For each notice to overseers and justices of the peace ............... .25 (12) For entering each order concerning the erection or repairing of any county building, for every one hundred (100) words ............... .20 (13) For entering the appointment of any commissioner to superintend the erection or repairing of any county building, for every one hundred (100) words ............... .20 (14) For issuing the certificate of appointment to commissioner .............................. .50 (15) For entering every order for ascertaining any county line, for every one hundred (100) words ............... .20 (16) For recording a return of any survey of a county line, for every one hundred (100) words ............... .20 (17) For entering every order fixing the place of holding elections, for every one hundred (100) words ............... .20 (18) For entering every order for the support of a poor person, for every one hundred (100) words ............... .20 (19) For all services required to be performed relating to the laying out of a township, or altering township lines ............... 1.00 (20) For trying and sealing any weight or measure, to be paid by the applicant ............... .50 (21) For taking, filing, and safekeeping of any bond required by law to be filed in his or her office, not otherwise provided for ............... .25 (22) For making settlements of each account with the county, to be paid to the county clerks for the official account record of the various accounts of the county treasurers and collectors, for each receipt entered on each account ............... .10 (23) For filing each county treasurer's and collector's receipt ............... .10 (24) For all services rendered in the filing of a claim against the county general and road accounts, and the issuing of the first warrant thereon ............... .75 (25) For each additional warrant issued on the same claim ............... .50 (26) For issuing each writ, receiving, filing, and docketing return .............................. .50 (27) For recording marks or brands ............... 1.00 (28) For filing each paper not specified in this section, except county claims ............... .10 (29) For administering each oath ............... .25 (30) For swearing each jury ............... .50 (31) For copies of records and papers not provided for in this section, for each one hundred (100) words or figures ............... .20 (32) For taking and entering verdict of jury ............... .25 (33) For entering judgments, except allowances against the county, for each one hundred (100) words ............... .20 (34) For commission to take depositions ............... 1.00 (35) For indexing each case on record ............... .10 (36) For entering all appeals except on assessments records ............... .25 (37) For every certificate and seal not provided for in this section .............................. .50 (38) For every subpoena or summons to witnesses ............... .50 (39) For recording every paper not provided for in this section, for each one hundred (100) words ............... .20 (40) For entering on record the appraised value of estray, and filing bond and appraisement ............... .75 (41) For filing and approving bond for marriage license ............... .50 (42) For filing, recording, and certifying copy of marriage license after its return ............... .50 (43) For each coupon of marriage license furnished registrar of vital statistics, to be retained by clerk in addition to salary ............... .10 (44) For all services in issuing general licenses, licenses to hawkers, ferries, taverns, peddlers, auctioneers, circuses, menageries, or other public exhibitions for which a license is by law required. Shows or public exhibitions may only be licensed for twelve (12) days or less for one (1) license fee ............... 2.00 (45) For filing abstracts of witnesses before grand jury ............... .10 (46) For entering the judgment of the court on an abstract ............... 1.00 (47) For issuing each certificate of land redemption ............... 1.00 (48) For each additional tract on certificate of land redemption ............... .25 (49) For cancelling each warrant, to be paid by funds upon which warrants are drawn ............... .10 (50) The county clerk shall receive for services under the revenue laws for each settlement he or she makes with a clerk, sheriff, constable, or inferior collecting officer for fines, penalties, licenses, forfeitures, and seal tax by them, for which they are required to settle in full one (1) time each quarter ............... .75 (51) For auditing each account in collector's and treasurer's record quarterly ............... .75 (52) For each abstract forwarded to the Auditor of State and to the Commissioner of Elementary and Secondary Education ............... 1.00 (53) For making out the original tax books, for every one hundred (100) words, counting one (1) figure as a word, but excluding calculations not carried into the tax records ............... .20 (54) For each copy thereof, for every one hundred (100) words, counting each figure as a word, as aforesaid ............... .20 (55) For furnishing copy of delinquent lands to printer for each tract ............... .10 (56) For attending sales of delinquent lands and making records thereof, for each tract for sale ............... .10 (57) For each additional tract ............... .10 (58) For transferring land to name of purchaser when sold to an individual ............... .10 (59) For furnishing for publication copy of the delinquent list of delinquent and insolvent personal taxpayers, for each name ............... .10 (60) For recording delinquent list of personal property, for every one hundred (100) words ............... .20 (61) For making each certificate of lands sold to the state and not redeemed to Commissioner of State Lands ............... 5.00 (62) For making settlement with collector for each day employed including quarterly apportionments, not exceeding thirty (30) days during entire calendar year, per day ............... 5.00 (63) For furnishing Auditor of State with an abstract of tax records ............... 3.00 (64) For making a deed to the purchaser of lands sold at delinquent sale, one (1) tract per deed ............... 1.00 (65) For waiting on county courts and the probate and juvenile divisions of circuit court, per day ............... 10.00. (b) A clerk of a county court shall not charge a fee for filing an appeal from a county equalization board. (c) A clerk of a county court shall not charge a fee for filing a petition with the county court requesting a refund under § 26-35-901 . Amended by Act 2019, No. 910,§ 2346, eff. 7/1/2019. Amended by Act 2017, No. 729,§ 1, eff. 3/28/2017. Amended by Act 2013, No. 544,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 544,§ 1, eff. 8/16/2013. Acts 1959, No. 309, § 1; A.S.A. 1947, § 12-1717.1; Acts 2003, No. 1185, § 261.

(a) A clerk of a county court may charge the following maximum fees: (1) For each order to erect or repair bridge ............... $ .50 (2) For making out and issuing an order for the appointment of a commissioner to erect or repair any bridge ............... .50 (3) For filing a bond of any contractor ............... .10 (4) For reading and filing every petition and recording the order to be made thereon, for every one hundred (100) words ............... .20 (5) For making copy of petition, order, and other papers pertaining thereto, for every one hundred (100) words ............... .20 (6) For reading and filing a remonstrance against any road or bridge ............... .25 (7) For each certificate of appointment of road reviewers ............... .25 (8) For issuing a precept of inquiry of damages in the case of roads ............... .50 (9) For entering order for the appointment of a justice of the peace to apportion hands to work on roads, and copy of same, for every one hundred (100) words ............... .20 (10) For entering the appointment of each overseer of a road ............... .25 (11) For each notice to overseers and justices of the peace ............... .25 (12) For entering each order concerning the erection or repairing of any county building, for every one hundred (100) words ............... .20 (13) For entering the appointment of any commissioner to superintend the erection or repairing of any county building, for every one hundred (100) words ............... .20 (14) For issuing the certificate of appointment to commissioner .............................. .50 (15) For entering every order for ascertaining any county line, for every one hundred (100) words ............... .20 (16) For recording a return of any survey of a county line, for every one hundred (100) words ............... .20 (17) For entering every order fixing the place of holding elections, for every one hundred (100) words ............... .20 (18) For entering every order for the support of a poor person, for every one hundred (100) words ............... .20 (19) For all services required to be performed relating to the laying out of a township, or altering township lines ............... 1.00 (20) For trying and sealing any weight or measure, to be paid by the applicant ............... .50 (21) For taking, filing, and safekeeping of any bond required by law to be filed in his or her office, not otherwise provided for ............... .25 (22) For making settlements of each account with the county, to be paid to the county clerks for the official account record of the various accounts of the county treasurers and collectors, for each receipt entered on each account ............... .10 (23) For filing each county treasurer's and collector's receipt ............... .10 (24) For all services rendered in the filing of a claim against the county general and road accounts, and the issuing of the first warrant thereon ............... .75 (25) For each additional warrant issued on the same claim ............... .50 (26) For issuing each writ, receiving, filing, and docketing return .............................. .50 (27) For recording marks or brands ............... 1.00 (28) For filing each paper not specified in this section, except county claims ............... .10 (29) For administering each oath ............... .25 (30) For swearing each jury ............... .50 (31) For copies of records and papers not provided for in this section, for each one hundred (100) words or figures ............... .20 (32) For taking and entering verdict of jury ............... .25 (33) For entering judgments, except allowances against the county, for each one hundred (100) words ............... .20 (34) For commission to take depositions ............... 1.00 (35) For indexing each case on record ............... .10 (36) For entering all appeals except on assessments records ............... .25 (37) For every certificate and seal not provided for in this section .............................. .50 (38) For every subpoena or summons to witnesses ............... .50 (39) For recording every paper not provided for in this section, for each one hundred (100) words ............... .20 (40) For entering on record the appraised value of estray, and filing bond and appraisement ............... .75 (41) For filing and approving bond for marriage license ............... .50 (42) For filing, recording, and certifying copy of marriage license after its return ............... .50 (43) For each coupon of marriage license furnished registrar of vital statistics, to be retained by clerk in addition to salary ............... .10 (44) For all services in issuing general licenses, licenses to hawkers, ferries, taverns, peddlers, auctioneers, circuses, menageries, or other public exhibitions for which a license is by law required. Shows or public exhibitions may only be licensed for twelve (12) days or less for one (1) license fee ............... 2.00 (45) For filing abstracts of witnesses before grand jury ............... .10 (46) For entering the judgment of the court on an abstract ............... 1.00 (47) For issuing each certificate of land redemption ............... 1.00 (48) For each additional tract on certificate of land redemption ............... .25 (49) For cancelling each warrant, to be paid by funds upon which warrants are drawn ............... .10 (50) The county clerk shall receive for services under the revenue laws for each settlement he or she makes with a clerk, sheriff, constable, or inferior collecting officer for fines, penalties, licenses, forfeitures, and seal tax by them, for which they are required to settle in full one (1) time each quarter ............... .75 (51) For auditing each account in collector's and treasurer's record quarterly ............... .75 (52) For each abstract forwarded to the Auditor of State and to the Commissioner of Elementary and Secondary Education ............... 1.00 (53) For making out the original tax books, for every one hundred (100) words, counting one (1) figure as a word, but excluding calculations not carried into the tax records ............... .20 (54) For each copy thereof, for every one hundred (100) words, counting each figure as a word, as aforesaid ............... .20 (55) For furnishing copy of delinquent lands to printer for each tract ............... .10 (56) For attending sales of delinquent lands and making records thereof, for each tract for sale ............... .10 (57) For each additional tract ............... .10 (58) For transferring land to name of purchaser when sold to an individual ............... .10 (59) For furnishing for publication copy of the delinquent list of delinquent and insolvent personal taxpayers, for each name ............... .10 (60) For recording delinquent list of personal property, for every one hundred (100) words ............... .20 (61) For making each certificate of lands sold to the state and not redeemed to Commissioner of State Lands ............... 5.00 (62) For making settlement with collector for each day employed including quarterly apportionments, not exceeding thirty (30) days during entire calendar year, per day ............... 5.00 (63) For furnishing Auditor of State with an abstract of tax records ............... 3.00 (64) For making a deed to the purchaser of lands sold at delinquent sale, one (1) tract per deed ............... 1.00 (65) For waiting on county courts and the probate and juvenile divisions of circuit court, per day ............... 10.00.

(1) For each order to erect or repair bridge ............... $ .50

(2) For making out and issuing an order for the appointment of a commissioner to erect or repair any bridge ............... .50

(3) For filing a bond of any contractor ............... .10

(4) For reading and filing every petition and recording the order to be made thereon, for every one hundred (100) words ............... .20

(5) For making copy of petition, order, and other papers pertaining thereto, for every one hundred (100) words ............... .20

(6) For reading and filing a remonstrance against any road or bridge ............... .25

(7) For each certificate of appointment of road reviewers ............... .25

(8) For issuing a precept of inquiry of damages in the case of roads ............... .50

(9) For entering order for the appointment of a justice of the peace to apportion hands to work on roads, and copy of same, for every one hundred (100) words ............... .20

(10) For entering the appointment of each overseer of a road ............... .25

(11) For each notice to overseers and justices of the peace ............... .25

(12) For entering each order concerning the erection or repairing of any county building, for every one hundred (100) words ............... .20

(13) For entering the appointment of any commissioner to superintend the erection or repairing of any county building, for every one hundred (100) words ............... .20

(14) For issuing the certificate of appointment to commissioner .............................. .50

(15) For entering every order for ascertaining any county line, for every one hundred (100) words ............... .20

(16) For recording a return of any survey of a county line, for every one hundred (100) words ............... .20

(17) For entering every order fixing the place of holding elections, for every one hundred (100) words ............... .20

(18) For entering every order for the support of a poor person, for every one hundred (100) words ............... .20

(19) For all services required to be performed relating to the laying out of a township, or altering township lines ............... 1.00

(20) For trying and sealing any weight or measure, to be paid by the applicant ............... .50

(21) For taking, filing, and safekeeping of any bond required by law to be filed in his or her office, not otherwise provided for ............... .25

(22) For making settlements of each account with the county, to be paid to the county clerks for the official account record of the various accounts of the county treasurers and collectors, for each receipt entered on each account ............... .10

(23) For filing each county treasurer's and collector's receipt ............... .10

(24) For all services rendered in the filing of a claim against the county general and road accounts, and the issuing of the first warrant thereon ............... .75

(25) For each additional warrant issued on the same claim ............... .50

(26) For issuing each writ, receiving, filing, and docketing return .............................. .50

(27) For recording marks or brands ............... 1.00

(28) For filing each paper not specified in this section, except county claims ............... .10

(29) For administering each oath ............... .25

(30) For swearing each jury ............... .50

(31) For copies of records and papers not provided for in this section, for each one hundred (100) words or figures ............... .20

(32) For taking and entering verdict of jury ............... .25

(33) For entering judgments, except allowances against the county, for each one hundred (100) words ............... .20

(34) For commission to take depositions ............... 1.00

(35) For indexing each case on record ............... .10

(36) For entering all appeals except on assessments records ............... .25

(37) For every certificate and seal not provided for in this section .............................. .50

(38) For every subpoena or summons to witnesses ............... .50

(39) For recording every paper not provided for in this section, for each one hundred (100) words ............... .20

(40) For entering on record the appraised value of estray, and filing bond and appraisement ............... .75

(41) For filing and approving bond for marriage license ............... .50

(42) For filing, recording, and certifying copy of marriage license after its return ............... .50

(43) For each coupon of marriage license furnished registrar of vital statistics, to be retained by clerk in addition to salary ............... .10

(44) For all services in issuing general licenses, licenses to hawkers, ferries, taverns, peddlers, auctioneers, circuses, menageries, or other public exhibitions for which a license is by law required. Shows or public exhibitions may only be licensed for twelve (12) days or less for one (1) license fee ............... 2.00

(45) For filing abstracts of witnesses before grand jury ............... .10

(46) For entering the judgment of the court on an abstract ............... 1.00

(47) For issuing each certificate of land redemption ............... 1.00

(48) For each additional tract on certificate of land redemption ............... .25

(49) For cancelling each warrant, to be paid by funds upon which warrants are drawn ............... .10

(50) The county clerk shall receive for services under the revenue laws for each settlement he or she makes with a clerk, sheriff, constable, or inferior collecting officer for fines, penalties, licenses, forfeitures, and seal tax by them, for which they are required to settle in full one (1) time each quarter ............... .75

(51) For auditing each account in collector's and treasurer's record quarterly ............... .75

(52) For each abstract forwarded to the Auditor of State and to the Commissioner of Elementary and Secondary Education ............... 1.00

(53) For making out the original tax books, for every one hundred (100) words, counting one (1) figure as a word, but excluding calculations not carried into the tax records ............... .20

(54) For each copy thereof, for every one hundred (100) words, counting each figure as a word, as aforesaid ............... .20

(55) For furnishing copy of delinquent lands to printer for each tract ............... .10

(56) For attending sales of delinquent lands and making records thereof, for each tract for sale ............... .10

(57) For each additional tract ............... .10

(58) For transferring land to name of purchaser when sold to an individual ............... .10

(59) For furnishing for publication copy of the delinquent list of delinquent and insolvent personal taxpayers, for each name ............... .10

(60) For recording delinquent list of personal property, for every one hundred (100) words ............... .20

(61) For making each certificate of lands sold to the state and not redeemed to Commissioner of State Lands ............... 5.00

(62) For making settlement with collector for each day employed including quarterly apportionments, not exceeding thirty (30) days during entire calendar year, per day ............... 5.00

(63) For furnishing Auditor of State with an abstract of tax records ............... 3.00

(64) For making a deed to the purchaser of lands sold at delinquent sale, one (1) tract per deed ............... 1.00

(65) For waiting on county courts and the probate and juvenile divisions of circuit court, per day ............... 10.00.

(b) A clerk of a county court shall not charge a fee for filing an appeal from a county equalization board.

(c) A clerk of a county court shall not charge a fee for filing a petition with the county court requesting a refund under § 26-35-901 .

Amended by Act 2019, No. 910,§ 2346, eff. 7/1/2019.

Amended by Act 2017, No. 729,§ 1, eff. 3/28/2017.

Amended by Act 2013, No. 544,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 544,§ 1, eff. 8/16/2013.

Acts 1959, No. 309, § 1; A.S.A. 1947, § 12-1717.1; Acts 2003, No. 1185, § 261.
Ark. Code Ann. § 21-1-307 — AR Code / Title 21 / Chapter 1 / Subchapter 3 / Section 21-1-307
Special emergency judges
Status: in_force

(a) In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office and in the event no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Arkansas Constitution or statutes is available to exercise the powers and discharge the duties of the office, the duties of the office shall be discharged and the powers exercised by the special emergency judges provided for in this section. (b) (1) The Governor shall designate, for each member of the Supreme Court, special emergency justices in the number of not less than three (3) nor more than seven (7) for each member of the court and shall specify the order of their succession. (2) For each court of record except the Supreme Court, the Chief Justice of the Supreme Court in consultation with the other members of the court shall designate special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of the courts and shall specify the order of their succession. (3) The judge of the circuit court shall designate not less than three (3) special emergency judges for courts not of record within that circuit and shall specify their order of succession. (4) The designating authority shall review and revise, as necessary, designations made pursuant to this subchapter to ensure their current status. (c) (1) The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of the office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. (2) The special emergency judges shall discharge the duties and exercise the powers of the office until such time as a vacancy which may exist shall be filled in accordance with the Arkansas Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office. Acts 1961, No. 489, § 8; A.S.A. 1947, § 12-121.

(a) In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office and in the event no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the Arkansas Constitution or statutes is available to exercise the powers and discharge the duties of the office, the duties of the office shall be discharged and the powers exercised by the special emergency judges provided for in this section.

(b) (1) The Governor shall designate, for each member of the Supreme Court, special emergency justices in the number of not less than three (3) nor more than seven (7) for each member of the court and shall specify the order of their succession. (2) For each court of record except the Supreme Court, the Chief Justice of the Supreme Court in consultation with the other members of the court shall designate special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of the courts and shall specify the order of their succession. (3) The judge of the circuit court shall designate not less than three (3) special emergency judges for courts not of record within that circuit and shall specify their order of succession. (4) The designating authority shall review and revise, as necessary, designations made pursuant to this subchapter to ensure their current status.

(1) The Governor shall designate, for each member of the Supreme Court, special emergency justices in the number of not less than three (3) nor more than seven (7) for each member of the court and shall specify the order of their succession.

(2) For each court of record except the Supreme Court, the Chief Justice of the Supreme Court in consultation with the other members of the court shall designate special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of the courts and shall specify the order of their succession.

(3) The judge of the circuit court shall designate not less than three (3) special emergency judges for courts not of record within that circuit and shall specify their order of succession.

(4) The designating authority shall review and revise, as necessary, designations made pursuant to this subchapter to ensure their current status.

(c) (1) The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of the office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. (2) The special emergency judges shall discharge the duties and exercise the powers of the office until such time as a vacancy which may exist shall be filled in accordance with the Arkansas Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.

(1) The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of the office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation.

(2) The special emergency judges shall discharge the duties and exercise the powers of the office until such time as a vacancy which may exist shall be filled in accordance with the Arkansas Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.

Acts 1961, No. 489, § 8; A.S.A. 1947, § 12-121.
Ark. Code Ann. § 21-9-203 — AR Code / Title 21 / Chapter 9 / Subchapter 2 / Section 21-9-203
Authority to pay damages - Conflict of interest
Status: in_force

(a) The State of Arkansas shall pay actual, but not punitive, damages adjudged by a state or federal court, or entered by such a court as a result of a compromise settlement approved and recommended by the Attorney General, against officers or employees of the State of Arkansas, or against the estate of such an officer or employee, based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his or her employment and in the performance of his or her official duties. (b) (1) (A) When it has been determined by the Attorney General's office that a conflict of interest for the civil litigation division or any division of the Attorney General's office exists and that therefore the Attorney General's office must decline representation of the officer or employee, the state agency for which the officer or employee is employed is authorized to enter into a contract to hire special counsel to represent the officer or employee under the same conditions that are set out under the provisions of this subchapter and § 21-9-304 . (B) The agency will be responsible for the payment of the contract with funds from its maintenance and general operation accounts. (2) When situations arise in which the Attorney General feels that a conflict of interest exists and therefore must decline representation of the officer or employee, the Attorney General shall prepare a report that he or she shall submit to the House Committee on Judiciary and Senate Committee on Judiciary, in which he or she shall recite the reasons for the conflict of interest and the reasons his or her office declined representation. (c) Upon the recommendation of the Attorney General, the State of Arkansas shall have authority to pay damages based on an act or omission by an officer or employee of the State of Arkansas while acting without malice and in good faith within the course and scope of his or her employment and in the performance of his or her official duties, where the amount of damages is determined by negotiated settlement before or after an action has been commenced. Acts 1977, No. 543, §§ 1, 2; 1985, No. 863, § 1; A.S.A. 1947, §§ 12-3401, 12-3402; Acts 1997, No. 113, § 2.

(a) The State of Arkansas shall pay actual, but not punitive, damages adjudged by a state or federal court, or entered by such a court as a result of a compromise settlement approved and recommended by the Attorney General, against officers or employees of the State of Arkansas, or against the estate of such an officer or employee, based on an act or omission by the officer or employee while acting without malice and in good faith within the course and scope of his or her employment and in the performance of his or her official duties.

(b) (1) (A) When it has been determined by the Attorney General's office that a conflict of interest for the civil litigation division or any division of the Attorney General's office exists and that therefore the Attorney General's office must decline representation of the officer or employee, the state agency for which the officer or employee is employed is authorized to enter into a contract to hire special counsel to represent the officer or employee under the same conditions that are set out under the provisions of this subchapter and § 21-9-304 . (B) The agency will be responsible for the payment of the contract with funds from its maintenance and general operation accounts. (2) When situations arise in which the Attorney General feels that a conflict of interest exists and therefore must decline representation of the officer or employee, the Attorney General shall prepare a report that he or she shall submit to the House Committee on Judiciary and Senate Committee on Judiciary, in which he or she shall recite the reasons for the conflict of interest and the reasons his or her office declined representation.

(1) (A) When it has been determined by the Attorney General's office that a conflict of interest for the civil litigation division or any division of the Attorney General's office exists and that therefore the Attorney General's office must decline representation of the officer or employee, the state agency for which the officer or employee is employed is authorized to enter into a contract to hire special counsel to represent the officer or employee under the same conditions that are set out under the provisions of this subchapter and § 21-9-304 . (B) The agency will be responsible for the payment of the contract with funds from its maintenance and general operation accounts.

(A) When it has been determined by the Attorney General's office that a conflict of interest for the civil litigation division or any division of the Attorney General's office exists and that therefore the Attorney General's office must decline representation of the officer or employee, the state agency for which the officer or employee is employed is authorized to enter into a contract to hire special counsel to represent the officer or employee under the same conditions that are set out under the provisions of this subchapter and § 21-9-304 .

(B) The agency will be responsible for the payment of the contract with funds from its maintenance and general operation accounts.

(2) When situations arise in which the Attorney General feels that a conflict of interest exists and therefore must decline representation of the officer or employee, the Attorney General shall prepare a report that he or she shall submit to the House Committee on Judiciary and Senate Committee on Judiciary, in which he or she shall recite the reasons for the conflict of interest and the reasons his or her office declined representation.

(c) Upon the recommendation of the Attorney General, the State of Arkansas shall have authority to pay damages based on an act or omission by an officer or employee of the State of Arkansas while acting without malice and in good faith within the course and scope of his or her employment and in the performance of his or her official duties, where the amount of damages is determined by negotiated settlement before or after an action has been commenced.

Acts 1977, No. 543, §§ 1, 2; 1985, No. 863, § 1; A.S.A. 1947, §§ 12-3401, 12-3402; Acts 1997, No. 113, § 2.
Ark. Code Ann. § 21-5-1002 — AR Code / Title 21 / Chapter 5 / Subchapter 10 / Section 21-5-1002
[Repealed]
Status: repealed

Repealed by Act 2017, No. 365,§ 25, eff. 7/1/2017. Acts 1997, No. 899, § 2; 2001, No. 1461, § 9; 2003 (1st Ex. Sess.), No. 22, § 5.

Repealed by Act 2017, No. 365,§ 25, eff. 7/1/2017.

Acts 1997, No. 899, § 2; 2001, No. 1461, § 9; 2003 (1st Ex. Sess.), No. 22, § 5.
Ark. Code Ann. § 21-12-102 — AR Code / Title 21 / Chapter 12 / Subchapter 1 / Section 21-12-102
Discharge of employee for falsifying employment application
Status: in_force

Any person who is employed by the State of Arkansas and who falsified the employment application by alleging to have earned a college degree which in fact was not earned shall be terminated from employment with the state. Acts 1985, No. 620, § 1; A.S.A. 1947, § 12-2381.

Any person who is employed by the State of Arkansas and who falsified the employment application by alleging to have earned a college degree which in fact was not earned shall be terminated from employment with the state.

Acts 1985, No. 620, § 1; A.S.A. 1947, § 12-2381.
Ark. Code Ann. § 21-4-401 — AR Code / Title 21 / Chapter 4 / Subchapter 4 / Section 21-4-401
Specific repeal required
Status: in_force

This subchapter shall remain in full force and effect in the event that subsequent legislation relative to vacations is enacted, unless it is specifically repealed. Acts 1967, No. 97, § 4; A.S.A. 1947, § 12-2346.

This subchapter shall remain in full force and effect in the event that subsequent legislation relative to vacations is enacted, unless it is specifically repealed.

Acts 1967, No. 97, § 4; A.S.A. 1947, § 12-2346.
Ark. Code Ann. § 21-8-902 — AR Code / Title 21 / Chapter 8 / Subchapter 9 / Section 21-8-902
Place of filing - Form
Status: in_force

(a) The disclosure required by § 21-8-901 shall be filed with the Secretary of State at the same time as the filing of the statement of financial interest required under § 21-8-701 et seq. (b) The disclosure shall be on a form requiring the signature of the member, under penalty of perjury, with respect to the truth and accuracy of the statements made on the form. Acts 1991, No. 808, § 1.

(a) The disclosure required by § 21-8-901 shall be filed with the Secretary of State at the same time as the filing of the statement of financial interest required under § 21-8-701 et seq.

(b) The disclosure shall be on a form requiring the signature of the member, under penalty of perjury, with respect to the truth and accuracy of the statements made on the form.

Acts 1991, No. 808, § 1.
Ark. Code Ann. § 21-15-107 — AR Code / Title 21 / Chapter 15 / Section 21-15-107
Identification Bureau and registries - Duties
Status: in_force

(a) (1) After receipt of a request for a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall make reasonable efforts to respond to requests for state criminal history checks within twenty (20) calendar days and to respond to requests for national criminal history checks within ten (10) calendar days after the receipt of a national criminal history check from the Federal Bureau of Investigation. (2) After receipt of a request for a central registry check, a registry shall make reasonable efforts to respond to requests within twenty (20) calendar days. (b) (1) Upon completion of a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center. (2) Upon completion of a central registry check, the registry shall forward all information obtained concerning the applicant or employee to the requesting state agency. (c) The Identification Bureau of the Division of Arkansas State Police shall maintain a database of the results of criminal history checks on each applicant for employment with and each employee of a state agency in a designated position. (d) (1) (A) The Identification Bureau of the Division of Arkansas State Police shall develop a form to be used for criminal history checks conducted under this subchapter. (B) The form under subdivision (d)(1)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the subject of the criminal history check; or (ii) As provided under § 25-32-107(d) , the electronic signature of the subject of the criminal history check. (2) (A) The Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry shall work together to develop a form to be used for central registry checks conducted under this subchapter. (B) The form under subdivision (d)(2)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the person who is the subject of the registry checks; or (ii) As provided under § 25-32-107(d) , the electronic signature of the person who is the subject of the registry checks. Amended by Act 2023, No. 710,§ 5, eff. 4/11/2023. Amended by Act 2023, No. 186,§ 3, eff. 3/2/2023. Acts 1997, No. 1019, § 7; 2001, No. 995, § 7; 2003, No. 482, § 2; 2005, No. 1422, § 2; 2007, No. 991, § 6.

(a) (1) After receipt of a request for a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall make reasonable efforts to respond to requests for state criminal history checks within twenty (20) calendar days and to respond to requests for national criminal history checks within ten (10) calendar days after the receipt of a national criminal history check from the Federal Bureau of Investigation. (2) After receipt of a request for a central registry check, a registry shall make reasonable efforts to respond to requests within twenty (20) calendar days.

(1) After receipt of a request for a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall make reasonable efforts to respond to requests for state criminal history checks within twenty (20) calendar days and to respond to requests for national criminal history checks within ten (10) calendar days after the receipt of a national criminal history check from the Federal Bureau of Investigation.

(2) After receipt of a request for a central registry check, a registry shall make reasonable efforts to respond to requests within twenty (20) calendar days.

(b) (1) Upon completion of a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center. (2) Upon completion of a central registry check, the registry shall forward all information obtained concerning the applicant or employee to the requesting state agency.

(1) Upon completion of a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center.

(2) Upon completion of a central registry check, the registry shall forward all information obtained concerning the applicant or employee to the requesting state agency.

(c) The Identification Bureau of the Division of Arkansas State Police shall maintain a database of the results of criminal history checks on each applicant for employment with and each employee of a state agency in a designated position.

(d) (1) (A) The Identification Bureau of the Division of Arkansas State Police shall develop a form to be used for criminal history checks conducted under this subchapter. (B) The form under subdivision (d)(1)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the subject of the criminal history check; or (ii) As provided under § 25-32-107(d) , the electronic signature of the subject of the criminal history check. (2) (A) The Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry shall work together to develop a form to be used for central registry checks conducted under this subchapter. (B) The form under subdivision (d)(2)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the person who is the subject of the registry checks; or (ii) As provided under § 25-32-107(d) , the electronic signature of the person who is the subject of the registry checks.

(1) (A) The Identification Bureau of the Division of Arkansas State Police shall develop a form to be used for criminal history checks conducted under this subchapter. (B) The form under subdivision (d)(1)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the subject of the criminal history check; or (ii) As provided under § 25-32-107(d) , the electronic signature of the subject of the criminal history check.

(A) The Identification Bureau of the Division of Arkansas State Police shall develop a form to be used for criminal history checks conducted under this subchapter.

(B) The form under subdivision (d)(1)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the subject of the criminal history check; or (ii) As provided under § 25-32-107(d) , the electronic signature of the subject of the criminal history check.

(i) The notarized signature of the subject of the criminal history check; or

(ii) As provided under § 25-32-107(d) , the electronic signature of the subject of the criminal history check.

(2) (A) The Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry shall work together to develop a form to be used for central registry checks conducted under this subchapter. (B) The form under subdivision (d)(2)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the person who is the subject of the registry checks; or (ii) As provided under § 25-32-107(d) , the electronic signature of the person who is the subject of the registry checks.

(A) The Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry shall work together to develop a form to be used for central registry checks conducted under this subchapter.

(B) The form under subdivision (d)(2)(A) of this section shall be designed so that completion of the form requires: (i) The notarized signature of the person who is the subject of the registry checks; or (ii) As provided under § 25-32-107(d) , the electronic signature of the person who is the subject of the registry checks.

(i) The notarized signature of the person who is the subject of the registry checks; or

(ii) As provided under § 25-32-107(d) , the electronic signature of the person who is the subject of the registry checks.

Amended by Act 2023, No. 710,§ 5, eff. 4/11/2023.

Amended by Act 2023, No. 186,§ 3, eff. 3/2/2023.

Acts 1997, No. 1019, § 7; 2001, No. 995, § 7; 2003, No. 482, § 2; 2005, No. 1422, § 2; 2007, No. 991, § 6.
Ark. Code Ann. § 21-12-206 — AR Code / Title 21 / Chapter 12 / Subchapter 2 / Section 21-12-206
Trial
Status: in_force

(a) Before the Senate proceeds to try the impeachment, the President of the Senate and every senator present shall take the following oath or affirmation: "I do solemnly swear or affirm that I will faithfully and impartially try the impeachment against A. B., and give my decision according to the law and evidence." (b) (1) The members being sworn, the Senate shall proceed to hear, try, and determine the impeachment and may adjourn the trial to any other time. (2) The Senate shall determine questions of law arising during the trial, upon the admissibility of evidence, the competency of witnesses, and otherwise. (3) The Senate may punish any person for contempt committed toward the Senate or for obstructing the administration of justice on the trial, in as full a manner as any court of record could do for a like contempt toward the court. (c) In all impeachment trials, the accused shall have a right to be heard by himself or herself and his or her counsel. (d) (1) All votes on any question whatever shall be given viva voce and entered on the journals. (2) No judgment or sentence of conviction shall be given against any person upon any impeachment without the concurrence of two-thirds (2/3) of the senators elected. (3) The Senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision. Rev. Stat., ch. 75, §§ 12, 13; Crim. Code, §§ 397, 398; C. & M. Dig., §§ 5623-5627; Pope's Dig., §§ 7268-7272; A.S.A. 1947, §§ 12-2216 -- 12-2219.

(a) Before the Senate proceeds to try the impeachment, the President of the Senate and every senator present shall take the following oath or affirmation: "I do solemnly swear or affirm that I will faithfully and impartially try the impeachment against A. B., and give my decision according to the law and evidence."

(b) (1) The members being sworn, the Senate shall proceed to hear, try, and determine the impeachment and may adjourn the trial to any other time. (2) The Senate shall determine questions of law arising during the trial, upon the admissibility of evidence, the competency of witnesses, and otherwise. (3) The Senate may punish any person for contempt committed toward the Senate or for obstructing the administration of justice on the trial, in as full a manner as any court of record could do for a like contempt toward the court.

(1) The members being sworn, the Senate shall proceed to hear, try, and determine the impeachment and may adjourn the trial to any other time.

(2) The Senate shall determine questions of law arising during the trial, upon the admissibility of evidence, the competency of witnesses, and otherwise.

(3) The Senate may punish any person for contempt committed toward the Senate or for obstructing the administration of justice on the trial, in as full a manner as any court of record could do for a like contempt toward the court.

(c) In all impeachment trials, the accused shall have a right to be heard by himself or herself and his or her counsel.

(d) (1) All votes on any question whatever shall be given viva voce and entered on the journals. (2) No judgment or sentence of conviction shall be given against any person upon any impeachment without the concurrence of two-thirds (2/3) of the senators elected. (3) The Senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision.

(1) All votes on any question whatever shall be given viva voce and entered on the journals.

(2) No judgment or sentence of conviction shall be given against any person upon any impeachment without the concurrence of two-thirds (2/3) of the senators elected.

(3) The Senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision.

Rev. Stat., ch. 75, §§ 12, 13; Crim. Code, §§ 397, 398; C. & M. Dig., §§ 5623-5627; Pope's Dig., §§ 7268-7272; A.S.A. 1947, §§ 12-2216 -- 12-2219.
Ark. Code Ann. § 21-8-201 — AR Code / Title 21 / Chapter 8 / Subchapter 2 / Section 21-8-201
Definitions
Status: in_force

For the purposes of this subchapter: (1) "Public agency" shall include: (A) The agency with which a state employee is employed, a state board, commission, institution, office, or agency; (B) Any city, county, or school district, or any agency, division, or instrumentality thereof, including those agencies, divisions, or instrumentalities which are funded in part with funds provided by state appropriations; or (C) Any area or regional program in this state which derives financial support in whole or in part from state funds or from any nonprofit corporation, foundation, or organization; and (2) (A) "Regular salary basis" means employment in a full-time position for which a maximum regular salary is established by law. (B) "Regular salary basis" shall also include: (i) In the case of the institutions of higher education, any person employed on a contract basis for nine (9) months or more of services where the maximum regular salary is established by law; and (ii) Regular salaries paid from funds deposited in the State Treasury or from bank funds belonging to the state agency, or from federal funds, trust funds, grant funds, donated funds, or other funds of whatever nature administered by the state agency. Acts 1977, No. 849, § 2; A.S.A. 1947, § 12-1629.

For the purposes of this subchapter:

(1) "Public agency" shall include: (A) The agency with which a state employee is employed, a state board, commission, institution, office, or agency; (B) Any city, county, or school district, or any agency, division, or instrumentality thereof, including those agencies, divisions, or instrumentalities which are funded in part with funds provided by state appropriations; or (C) Any area or regional program in this state which derives financial support in whole or in part from state funds or from any nonprofit corporation, foundation, or organization; and

(A) The agency with which a state employee is employed, a state board, commission, institution, office, or agency;

(B) Any city, county, or school district, or any agency, division, or instrumentality thereof, including those agencies, divisions, or instrumentalities which are funded in part with funds provided by state appropriations; or

(C) Any area or regional program in this state which derives financial support in whole or in part from state funds or from any nonprofit corporation, foundation, or organization; and

(2) (A) "Regular salary basis" means employment in a full-time position for which a maximum regular salary is established by law. (B) "Regular salary basis" shall also include: (i) In the case of the institutions of higher education, any person employed on a contract basis for nine (9) months or more of services where the maximum regular salary is established by law; and (ii) Regular salaries paid from funds deposited in the State Treasury or from bank funds belonging to the state agency, or from federal funds, trust funds, grant funds, donated funds, or other funds of whatever nature administered by the state agency.

(A) "Regular salary basis" means employment in a full-time position for which a maximum regular salary is established by law.

(B) "Regular salary basis" shall also include: (i) In the case of the institutions of higher education, any person employed on a contract basis for nine (9) months or more of services where the maximum regular salary is established by law; and (ii) Regular salaries paid from funds deposited in the State Treasury or from bank funds belonging to the state agency, or from federal funds, trust funds, grant funds, donated funds, or other funds of whatever nature administered by the state agency.

(i) In the case of the institutions of higher education, any person employed on a contract basis for nine (9) months or more of services where the maximum regular salary is established by law; and

(ii) Regular salaries paid from funds deposited in the State Treasury or from bank funds belonging to the state agency, or from federal funds, trust funds, grant funds, donated funds, or other funds of whatever nature administered by the state agency.

Acts 1977, No. 849, § 2; A.S.A. 1947, § 12-1629.
Ark. Code Ann. § 21-12-103 — AR Code / Title 21 / Chapter 12 / Subchapter 1 / Section 21-12-103
Dismissal of employee for prohibited discrimination
Status: in_force

(a) Every state agency shall include in its personnel manual a statement that discrimination by any officer or employee based upon race, creed, religion, national origin, age, sex, or gender shall constitute grounds for dismissal. (b) When it is determined by any court of law that any employee of this state is guilty of discrimination based upon race, creed, religion, national origin, age, sex, or gender, such determination shall be grounds for dismissal from employment. Acts 1995, No. 1301, §§ 1, 2; 1995, No. 1318, §§ 1, 2.

(a) Every state agency shall include in its personnel manual a statement that discrimination by any officer or employee based upon race, creed, religion, national origin, age, sex, or gender shall constitute grounds for dismissal.

(b) When it is determined by any court of law that any employee of this state is guilty of discrimination based upon race, creed, religion, national origin, age, sex, or gender, such determination shall be grounds for dismissal from employment.

Acts 1995, No. 1301, §§ 1, 2; 1995, No. 1318, §§ 1, 2.
Ark. Code Ann. § 21-5-111 — AR Code / Title 21 / Chapter 5 / Subchapter 1 / Section 21-5-111
Department of Human Services - Nursing/direct care recruitment and retention bonuses
Status: in_force

(a) The Department of Human Services may issue nursing/direct care recruitment and retention bonuses in addition to the maximum annual amounts provided for regular salaries in the operative appropriation act for the department for: (1) Registered nurses; (2) Licensed practical nurses; (3) Certified nursing assistants; and (4) Behavioral health aides. (b) New hire nurses shall be licensed by the Arkansas State Board of Nursing. (c) The total recruitment/retention bonus payment commitment for eligible nurses shall not exceed: (1) Four thousand dollars ($4,000) per registered nurse; (2) Two thousand dollars ($2,000) per licensed practical nurse; and (3) One thousand dollars ($1,000) per: (A) Certified nursing assistant; and (B) Behavioral health aide. (d) The lump-sum bonus payments allowed under this section and the employment commitment to the state shall be made in partial payments as follows: (1) For registered nurse classifications: (A) One thousand dollars ($1,000) after completing six (6) months of probationary employment; (B) One thousand five hundred dollars ($1,500) after completing the first year of employment; and (C) One thousand five hundred dollars ($1,500) after completing the second year of employment; (2) For licensed practical nurse classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; (B) Five hundred dollars ($500) after completing the first year of employment; and (C) One thousand dollars ($1,000) after completing the second year of employment; and (3) For certified nursing assistant and behavioral health aide classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; and (B) Five hundred dollars ($500) after completing the first year of employment. (e) A qualified person hired and offered bonus payments under this section forfeits the balance of the bonus payments if he or she voluntarily resigns or is terminated for cause from employment with the department before completing the required employment commitment time periods under subsection (d) of this section. (f) The department may pay the nursing/direct care recruitment and retention bonuses allowed under this section from the state and federal funds appropriated for the respective division of the department. Added by Act 2023, No. 492,§ 13, eff. 7/1/2023.

(a) The Department of Human Services may issue nursing/direct care recruitment and retention bonuses in addition to the maximum annual amounts provided for regular salaries in the operative appropriation act for the department for: (1) Registered nurses; (2) Licensed practical nurses; (3) Certified nursing assistants; and (4) Behavioral health aides.

(1) Registered nurses;

(2) Licensed practical nurses;

(3) Certified nursing assistants; and

(4) Behavioral health aides.

(b) New hire nurses shall be licensed by the Arkansas State Board of Nursing.

(c) The total recruitment/retention bonus payment commitment for eligible nurses shall not exceed: (1) Four thousand dollars ($4,000) per registered nurse; (2) Two thousand dollars ($2,000) per licensed practical nurse; and (3) One thousand dollars ($1,000) per: (A) Certified nursing assistant; and (B) Behavioral health aide.

(1) Four thousand dollars ($4,000) per registered nurse;

(2) Two thousand dollars ($2,000) per licensed practical nurse; and

(3) One thousand dollars ($1,000) per: (A) Certified nursing assistant; and (B) Behavioral health aide.

(A) Certified nursing assistant; and

(B) Behavioral health aide.

(d) The lump-sum bonus payments allowed under this section and the employment commitment to the state shall be made in partial payments as follows: (1) For registered nurse classifications: (A) One thousand dollars ($1,000) after completing six (6) months of probationary employment; (B) One thousand five hundred dollars ($1,500) after completing the first year of employment; and (C) One thousand five hundred dollars ($1,500) after completing the second year of employment; (2) For licensed practical nurse classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; (B) Five hundred dollars ($500) after completing the first year of employment; and (C) One thousand dollars ($1,000) after completing the second year of employment; and (3) For certified nursing assistant and behavioral health aide classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; and (B) Five hundred dollars ($500) after completing the first year of employment.

(1) For registered nurse classifications: (A) One thousand dollars ($1,000) after completing six (6) months of probationary employment; (B) One thousand five hundred dollars ($1,500) after completing the first year of employment; and (C) One thousand five hundred dollars ($1,500) after completing the second year of employment;

(A) One thousand dollars ($1,000) after completing six (6) months of probationary employment;

(B) One thousand five hundred dollars ($1,500) after completing the first year of employment; and

(C) One thousand five hundred dollars ($1,500) after completing the second year of employment;

(2) For licensed practical nurse classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; (B) Five hundred dollars ($500) after completing the first year of employment; and (C) One thousand dollars ($1,000) after completing the second year of employment; and

(A) Five hundred dollars ($500) after completing six (6) months of probationary employment;

(B) Five hundred dollars ($500) after completing the first year of employment; and

(C) One thousand dollars ($1,000) after completing the second year of employment; and

(3) For certified nursing assistant and behavioral health aide classifications: (A) Five hundred dollars ($500) after completing six (6) months of probationary employment; and (B) Five hundred dollars ($500) after completing the first year of employment.

(A) Five hundred dollars ($500) after completing six (6) months of probationary employment; and

(B) Five hundred dollars ($500) after completing the first year of employment.

(e) A qualified person hired and offered bonus payments under this section forfeits the balance of the bonus payments if he or she voluntarily resigns or is terminated for cause from employment with the department before completing the required employment commitment time periods under subsection (d) of this section.

(f) The department may pay the nursing/direct care recruitment and retention bonuses allowed under this section from the state and federal funds appropriated for the respective division of the department.

Added by Act 2023, No. 492,§ 13, eff. 7/1/2023.
Ark. Code Ann. § 21-8-102 — AR Code / Title 21 / Chapter 8 / Subchapter 1 / Section 21-8-102
Restrictions on employment of former state officials and former state employees - Definitions
Status: in_force

(a) As used in this section: (1) "State employee" means an individual employed in the office of: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; or (K) A judge of a district court; and (2) "State official" means: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; (K) A judge of a district court; (L) An executive head of a state agency; (M) The chief deputy of an executive head of a state agency; and (N) A member of the Arkansas Public Service Commission. (b) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state in connection with any of the following if he or she participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while serving in that capacity and the state is a party or has a direct or substantial interest: (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination; (2) A contract; (3) A claim; or (4) A charge or controversy. (c) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state within one (1) year after cessation of his or her employment with the state agency in connection with any of the following if the matters were within the former state official's or former state employee's official responsibility and the state is a party or has a direct or substantial interest: (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination; (2) A contract; (3) A claim; or (4) A charge or controversy. (d) A former state official or former state employee who knowingly violates this section shall be guilty of a Class A misdemeanor. Amended by Act 2013, No. 486,§ 2, eff. 8/16/2013. Acts 2011, No. 1200, § 1.

(a) As used in this section: (1) "State employee" means an individual employed in the office of: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; or (K) A judge of a district court; and (2) "State official" means: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; (K) A judge of a district court; (L) An executive head of a state agency; (M) The chief deputy of an executive head of a state agency; and (N) A member of the Arkansas Public Service Commission.

(1) "State employee" means an individual employed in the office of: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; or (K) A judge of a district court; and

(A) The Governor;

(B) The Lieutenant Governor;

(C) The Attorney General;

(D) The Secretary of State;

(E) The Auditor of State;

(F) The Treasurer of State;

(G) The Commissioner of State Lands;

(H) A justice of the Supreme Court;

(I) A judge of the Court of Appeals;

(J) A judge of a circuit court; or

(K) A judge of a district court; and

(2) "State official" means: (A) The Governor; (B) The Lieutenant Governor; (C) The Attorney General; (D) The Secretary of State; (E) The Auditor of State; (F) The Treasurer of State; (G) The Commissioner of State Lands; (H) A justice of the Supreme Court; (I) A judge of the Court of Appeals; (J) A judge of a circuit court; (K) A judge of a district court; (L) An executive head of a state agency; (M) The chief deputy of an executive head of a state agency; and (N) A member of the Arkansas Public Service Commission.

(A) The Governor;

(B) The Lieutenant Governor;

(C) The Attorney General;

(D) The Secretary of State;

(E) The Auditor of State;

(F) The Treasurer of State;

(G) The Commissioner of State Lands;

(H) A justice of the Supreme Court;

(I) A judge of the Court of Appeals;

(J) A judge of a circuit court;

(K) A judge of a district court;

(L) An executive head of a state agency;

(M) The chief deputy of an executive head of a state agency; and

(N) A member of the Arkansas Public Service Commission.

(b) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state in connection with any of the following if he or she participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while serving in that capacity and the state is a party or has a direct or substantial interest: (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination; (2) A contract; (3) A claim; or (4) A charge or controversy.

(1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination;

(2) A contract;

(3) A claim; or

(4) A charge or controversy.

(c) A former state official or former state employee shall not knowingly act as a principal or agent for anyone other than the state within one (1) year after cessation of his or her employment with the state agency in connection with any of the following if the matters were within the former state official's or former state employee's official responsibility and the state is a party or has a direct or substantial interest: (1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination; (2) A contract; (3) A claim; or (4) A charge or controversy.

(1) A judicial, administrative, or other proceeding, application, request for a ruling, or other determination;

(2) A contract;

(3) A claim; or

(4) A charge or controversy.

(d) A former state official or former state employee who knowingly violates this section shall be guilty of a Class A misdemeanor.

Amended by Act 2013, No. 486,§ 2, eff. 8/16/2013.

Acts 2011, No. 1200, § 1.
Ark. Code Ann. § 21-5-1003 — AR Code / Title 21 / Chapter 5 / Subchapter 10 / Section 21-5-1003
[Repealed]
Status: repealed

Repealed by Act 2017, No. 365,§ 26, eff. 7/1/2017. Acts 1997, No. 899, § 3; 2003 (1st Ex. Sess.), No. 22, § 6; 2003 (1st Ex. Sess.), No. 22, § 6; 2007, No. 449, § 1; 2009, No. 252, § 4.

Repealed by Act 2017, No. 365,§ 26, eff. 7/1/2017.

Acts 1997, No. 899, § 3; 2003 (1st Ex. Sess.), No. 22, § 6; 2003 (1st Ex. Sess.), No. 22, § 6; 2007, No. 449, § 1; 2009, No. 252, § 4.
Ark. Code Ann. § 21-8-310 — AR Code / Title 21 / Chapter 8 / Subchapter 3 / Section 21-8-310
Gifts from lobbyists
Status: in_force

Persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift in violation of Arkansas Constitution, Article 19, § 30, from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist: (1) Governor; (2) Lieutenant Governor; (3) Secretary of State; (4) Treasurer of State; (5) Auditor of State; (6) Attorney General; (7) Commissioner of State Lands; (8) Member of the General Assembly; (9) Chief Justice of the Supreme Court; (10) Justice of the Supreme Court; (11) Chief Judge of the Court of Appeals; (12) Judge of the Court of Appeals; (13) Circuit court judge; (14) District court judge; (15) Prosecuting attorney; and (16) Member of the independent citizens commission for the purpose of setting salaries of elected constitutional officers of the executive department, members of the General Assembly, justices, and judges under Arkansas Constitution, Article 19, § 31. Added by Act 2015, No. 1280,§ 12, eff. 4/8/2015.

Persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift in violation of Arkansas Constitution, Article 19, § 30, from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist:

(1) Governor;

(2) Lieutenant Governor;

(3) Secretary of State;

(4) Treasurer of State;

(5) Auditor of State;

(6) Attorney General;

(7) Commissioner of State Lands;

(8) Member of the General Assembly;

(9) Chief Justice of the Supreme Court;

(10) Justice of the Supreme Court;

(11) Chief Judge of the Court of Appeals;

(12) Judge of the Court of Appeals;

(13) Circuit court judge;

(14) District court judge;

(15) Prosecuting attorney; and

(16) Member of the independent citizens commission for the purpose of setting salaries of elected constitutional officers of the executive department, members of the General Assembly, justices, and judges under Arkansas Constitution, Article 19, § 31.

Added by Act 2015, No. 1280,§ 12, eff. 4/8/2015.
Ark. Code Ann. § 21-14-106 — AR Code / Title 21 / Chapter 14 / Subchapter 1 / Section 21-14-106
Acknowledgments and authentications
Status: in_force

(a) A notary public may: (1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation; (2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing; (3) Make declarations and protests; and (4) Certify under his or her official seal the truth of all matters and things done by virtue of his or her office. (b) A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy if the document is not: (1) A vital record in this state, another state, a territory of the United States, or another country; or (2) A public record, if a copy can be made by the custodian of the public record. Rev. Stat., ch. 104, § 4; C. & M. Dig., § 7973; Pope's Dig., § 10366; A.S.A. 1947, § 12-1404; Acts 2001, No. 1274, § 3; 2005, No. 2274, § 2.

(a) A notary public may: (1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation; (2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing; (3) Make declarations and protests; and (4) Certify under his or her official seal the truth of all matters and things done by virtue of his or her office.

(1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation;

(2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing;

(3) Make declarations and protests; and

(4) Certify under his or her official seal the truth of all matters and things done by virtue of his or her office.

(b) A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy if the document is not: (1) A vital record in this state, another state, a territory of the United States, or another country; or (2) A public record, if a copy can be made by the custodian of the public record.

(1) A vital record in this state, another state, a territory of the United States, or another country; or

(2) A public record, if a copy can be made by the custodian of the public record.

Rev. Stat., ch. 104, § 4; C. & M. Dig., § 7973; Pope's Dig., § 10366; A.S.A. 1947, § 12-1404; Acts 2001, No. 1274, § 3; 2005, No. 2274, § 2.
Ark. Code Ann. § 21-2-701 — AR Code / Title 21 / Chapter 2 / Subchapter 7 / Section 21-2-701
Purpose
Status: in_force

It is found and determined that: (1) The State of Arkansas and the counties, municipalities, and school districts of the State of Arkansas are expending large sums of money each year for premiums on blanket bonds for officers and employees; (2) Considerable savings might be effected by the establishment of a self-insured fidelity bond program for any fraudulent or dishonest act committed by any state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees; (3) This subchapter is designed to establish a governmental bonding board to develop a self-insured fidelity bond program for participating governmental entities; and (4) This subchapter is designed to provide that self-insured fidelity bonds would be in lieu of the various fidelity blanket bonds that are presently required under this chapter for various officials and employees and to thereby effectuate substantial savings in the cost of fidelity blanket bonds for those officials and employees. Amended by Act 2021, No. 367,§ 1, eff. 7/28/2021. Acts 1987, No. 728, § 1.

It is found and determined that:

(1) The State of Arkansas and the counties, municipalities, and school districts of the State of Arkansas are expending large sums of money each year for premiums on blanket bonds for officers and employees;

(2) Considerable savings might be effected by the establishment of a self-insured fidelity bond program for any fraudulent or dishonest act committed by any state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees;

(3) This subchapter is designed to establish a governmental bonding board to develop a self-insured fidelity bond program for participating governmental entities; and

(4) This subchapter is designed to provide that self-insured fidelity bonds would be in lieu of the various fidelity blanket bonds that are presently required under this chapter for various officials and employees and to thereby effectuate substantial savings in the cost of fidelity blanket bonds for those officials and employees.

Amended by Act 2021, No. 367,§ 1, eff. 7/28/2021.

Acts 1987, No. 728, § 1.
Ark. Code Ann. § 21-5-403 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-403
Report of Director of the Employee Benefits Division
Status: in_force

The Director of the Employee Benefits Division shall report upon request to the House Committee on Insurance and Commerce and the Senate Committee on Insurance and Commerce regarding the State and Public School Life and Health Insurance Program. Amended by Act 2021, No. 1004,§ 12, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6137, eff. 7/1/2019. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, § 8; 1997, No. 183, § 3; 1999, No. 1280, § 3; 2007, No. 1009, § 3.

The Director of the Employee Benefits Division shall report upon request to the House Committee on Insurance and Commerce and the Senate Committee on Insurance and Commerce regarding the State and Public School Life and Health Insurance Program.

Amended by Act 2021, No. 1004,§ 12, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6137, eff. 7/1/2019.

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

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

Acts 1995, No. 1206, § 8; 1997, No. 183, § 3; 1999, No. 1280, § 3; 2007, No. 1009, § 3.
Ark. Code Ann. § 21-7-301 — AR Code / Title 21 / Chapter 7 / Subchapter 3 / Section 21-7-301
Quarterly statements by certain state officers
Status: in_force

On the first day of January, March, July, and October, it shall be the duty of the Treasurer of State, the Secretary of State, and the Commissioner of State Lands to file with the Governor a sworn statement, in tabulated form, showing: (1) The balances that the officers were chargeable with on account of the several funds; (2) All amounts received by the officers during the quarter last past, and the several funds on account of which the same have been received; and (3) An itemized statement of all expenditures and disbursements made by the officers, and on what account the same have been made during the quarter. Acts 1883, No. 119, § 1, p. 296; C. & M. Dig., § 8086; Pope's Dig., § 10424; A.S.A. 1947, § 12-1901.

On the first day of January, March, July, and October, it shall be the duty of the Treasurer of State, the Secretary of State, and the Commissioner of State Lands to file with the Governor a sworn statement, in tabulated form, showing:

(1) The balances that the officers were chargeable with on account of the several funds;

(2) All amounts received by the officers during the quarter last past, and the several funds on account of which the same have been received; and

(3) An itemized statement of all expenditures and disbursements made by the officers, and on what account the same have been made during the quarter.

Acts 1883, No. 119, § 1, p. 296; C. & M. Dig., § 8086; Pope's Dig., § 10424; A.S.A. 1947, § 12-1901.
Ark. Code Ann. § 21-1-704 — AR Code / Title 21 / Chapter 1 / Subchapter 7 / Section 21-1-704
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 6122, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3490, eff. 7/1/2019. Repealed by Act 2019, No. 1054,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 791,§ 3, eff. 8/1/2017. Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.

Amended by Act 2019, No. 910,§ 6122, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3490, eff. 7/1/2019.

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

Amended by Act 2017, No. 791,§ 3, eff. 8/1/2017.

Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 21-7-207 — AR Code / Title 21 / Chapter 7 / Subchapter 2 / Section 21-7-207
Reports in case of vacancy in office
Status: in_force

(a) In case any officer shall die or resign, or his or her office become otherwise vacated before the expiration of the full term, the report of the officer's receipts and expenditures as required pursuant to this subchapter shall immediately, upon such vacation, be rendered for that portion of the year during which the office was occupied by him or her. (b) The net amount of money to be credited to such outgoing officer shall be proportioned at the rate of five thousand dollars ($5,000) per year for the length of time he or she occupied the office. (c) In case of death of an officer, the report and settlement as therein prescribed shall be made by his or her executor or administrator under the same penalties for refusal or neglect to render the report or for knowingly and willfully filing a false report as prescribed for an offending officer in § 21-7-201 . Acts 1875, No. 47, § 10, p. 124; C. & M. Dig., § 4644; Pope's Dig., § 5733; A.S.A. 1947, § 12-1811.

(a) In case any officer shall die or resign, or his or her office become otherwise vacated before the expiration of the full term, the report of the officer's receipts and expenditures as required pursuant to this subchapter shall immediately, upon such vacation, be rendered for that portion of the year during which the office was occupied by him or her.

(b) The net amount of money to be credited to such outgoing officer shall be proportioned at the rate of five thousand dollars ($5,000) per year for the length of time he or she occupied the office.

(c) In case of death of an officer, the report and settlement as therein prescribed shall be made by his or her executor or administrator under the same penalties for refusal or neglect to render the report or for knowingly and willfully filing a false report as prescribed for an offending officer in § 21-7-201 .

Acts 1875, No. 47, § 10, p. 124; C. & M. Dig., § 4644; Pope's Dig., § 5733; A.S.A. 1947, § 12-1811.
Ark. Code Ann. § 21-3-305 — AR Code / Title 21 / Chapter 3 / Subchapter 3 / Section 21-3-305
Reemployment
Status: in_force

(a) An employee as defined in § 21-5-203 who has established veterans preference eligibility and has resigned while in good standing or who has been separated without prejudice shall be eligible for reemployment within a period of time no less than the continuous period of his or her service in a department, agency, or institution of higher education, provided that he or she has been certified by the department or agency director or institution of higher education president or chancellor as meeting the current minimum qualifications as to training and experience of the class of position to which he or she is being reemployed. (b) Prior to making the minimum qualifications certification, the department or agency director or institution of higher education president or chancellor may require the employee to pass a qualifying examination. (c) For the purpose of reemployment eligibility under the provisions of this section, time spent in the United States Armed Forces shall not be counted. Acts 1947, No. 414, § 4; A.S.A. 1947, § 12-2321; Acts 2003, No. 653, § 1.

(a) An employee as defined in § 21-5-203 who has established veterans preference eligibility and has resigned while in good standing or who has been separated without prejudice shall be eligible for reemployment within a period of time no less than the continuous period of his or her service in a department, agency, or institution of higher education, provided that he or she has been certified by the department or agency director or institution of higher education president or chancellor as meeting the current minimum qualifications as to training and experience of the class of position to which he or she is being reemployed.

(b) Prior to making the minimum qualifications certification, the department or agency director or institution of higher education president or chancellor may require the employee to pass a qualifying examination.

(c) For the purpose of reemployment eligibility under the provisions of this section, time spent in the United States Armed Forces shall not be counted.

Acts 1947, No. 414, § 4; A.S.A. 1947, § 12-2321; Acts 2003, No. 653, § 1.
Ark. Code Ann. § 21-1-804 — AR Code / Title 21 / Chapter 1 / Subchapter 8 / Section 21-1-804
Public employee associations
Status: in_force

Public employees may form associations for the purpose of promoting the public employees' interests before a public employer. Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.

Public employees may form associations for the purpose of promoting the public employees' interests before a public employer.

Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 21-14-201 — AR Code / Title 21 / Chapter 14 / Subchapter 2 / Section 21-14-201
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Commercial document" means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testing standard, or other commercial standard, specification, or practice. (B) The term "commercial document" shall not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity; (2) "Facsimile seal" means the reproduction by engraving, imprinting, stamping, or other means of the seal of office of a notary public, containing the information described in § 21-14-107(b)(2) ; and (3) "Facsimile signature" means the reproduction by engraving, imprinting, stamping, or other means of a manual signature of a notary public. Acts 1995, No. 200, § 1.

As used in this subchapter:

(1) (A) "Commercial document" means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testing standard, or other commercial standard, specification, or practice. (B) The term "commercial document" shall not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity;

(A) "Commercial document" means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testing standard, or other commercial standard, specification, or practice.

(B) The term "commercial document" shall not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity;

(2) "Facsimile seal" means the reproduction by engraving, imprinting, stamping, or other means of the seal of office of a notary public, containing the information described in § 21-14-107(b)(2) ; and

(3) "Facsimile signature" means the reproduction by engraving, imprinting, stamping, or other means of a manual signature of a notary public.

Acts 1995, No. 200, § 1.
Ark. Code Ann. § 21-5-225 — AR Code / Title 21 / Chapter 5 / Subchapter 2 / Section 21-5-225
Position pools
Status: in_force

(a) (1) There is established a pool of one thousand five hundred (1,500) positions assigned to the Office of Personnel Management to be used to reclassify positions in state agencies to the proper classification and grade if the state agency does not have a vacant position available with the appropriate classification and grade. (2) To obtain a position from the pool, a state agency shall surrender to the pool the position being reclassified. (3) The Office of Personnel Management shall review all requests and may grant approval of the reclassification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (b) (1) The Office of Personnel Management shall establish and maintain a central growth pool of five hundred (500) positions to be used to establish additional positions in state agencies of the proper classification and grade when the state agency does not have sufficient positions available with the appropriate classification and grade to meet a state agency's mandated responsibilities. (2) Central growth pool positions are to be used by the state agencies if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act. (3) The state agency shall provide justification to the Office of Personnel Management for the need to allocate positions from the central growth pool. (4) Titles shall not be assigned to the state agency from the central growth pool until specific positions are requested by the state agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (5) If the new classifications are necessary for any of these additional positions, the Office of Personnel Management may assign the appropriate title and grade after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (6) If a state agency requests any central growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the state agency's subsequent fiscal year budget request. (c) (1) The Office of Personnel Management shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in state agencies of the proper classification and grade if the state agency does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes in state agency administration. (2) Temporary transition pool positions are to be used by state agencies only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act. (3) A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee. (4) No position shall be authorized to the state agency from the temporary transition pool until the specific positions are requested by the agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (5) Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended. (d) (1) The Office of Personnel Management shall establish and maintain a pool of two hundred (200) extra help positions, as defined under § 21-5-224 , to be used for the Arkansas Public Service Internship Program. (2) The Office of Personnel Management shall issue a policy for a state agency's use of a pool position authorized by subdivision (d)(1) of this section. (e) A pool position received under this section is subject to the state agency's ability to certify funding. (f) (1) The Office of Personnel Management shall establish and maintain a growth pool of twenty (20) positions to be used to establish additional positions by: (A) Elected constitutional officers of this state; (B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (D) The Arkansas Department of Transportation; (E) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the United States Government; and (F) The Arkansas State Game and Fish Commission. (2) (A) If one of the entities provided in subdivision (f)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) The entities provided in subdivision (f)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade. (3) If an agency requests an approved growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the agency's subsequent fiscal year budget request. Amended by Act 2023, No. 886,§ 2, eff. 7/1/2023. Amended by Act 2021, No. 661,§ 7, eff. 7/1/2021. Amended by Act 2021, No. 661,§ 6, eff. 7/1/2021. Amended by Act 2021, No. 661,§ 5, eff. 7/1/2021. Amended by Act 2021, No. 379,§ 2, eff. 3/17/2021. Amended by Act 2017, No. 365,§ 23, eff. 7/1/2017. Acts 2009, No. 688, § 13; 2011, No. 1017, § 9.

(a) (1) There is established a pool of one thousand five hundred (1,500) positions assigned to the Office of Personnel Management to be used to reclassify positions in state agencies to the proper classification and grade if the state agency does not have a vacant position available with the appropriate classification and grade. (2) To obtain a position from the pool, a state agency shall surrender to the pool the position being reclassified. (3) The Office of Personnel Management shall review all requests and may grant approval of the reclassification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) There is established a pool of one thousand five hundred (1,500) positions assigned to the Office of Personnel Management to be used to reclassify positions in state agencies to the proper classification and grade if the state agency does not have a vacant position available with the appropriate classification and grade.

(2) To obtain a position from the pool, a state agency shall surrender to the pool the position being reclassified.

(3) The Office of Personnel Management shall review all requests and may grant approval of the reclassification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(b) (1) The Office of Personnel Management shall establish and maintain a central growth pool of five hundred (500) positions to be used to establish additional positions in state agencies of the proper classification and grade when the state agency does not have sufficient positions available with the appropriate classification and grade to meet a state agency's mandated responsibilities. (2) Central growth pool positions are to be used by the state agencies if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act. (3) The state agency shall provide justification to the Office of Personnel Management for the need to allocate positions from the central growth pool. (4) Titles shall not be assigned to the state agency from the central growth pool until specific positions are requested by the state agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (5) If the new classifications are necessary for any of these additional positions, the Office of Personnel Management may assign the appropriate title and grade after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (6) If a state agency requests any central growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the state agency's subsequent fiscal year budget request.

(1) The Office of Personnel Management shall establish and maintain a central growth pool of five hundred (500) positions to be used to establish additional positions in state agencies of the proper classification and grade when the state agency does not have sufficient positions available with the appropriate classification and grade to meet a state agency's mandated responsibilities.

(2) Central growth pool positions are to be used by the state agencies if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.

(3) The state agency shall provide justification to the Office of Personnel Management for the need to allocate positions from the central growth pool.

(4) Titles shall not be assigned to the state agency from the central growth pool until specific positions are requested by the state agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(5) If the new classifications are necessary for any of these additional positions, the Office of Personnel Management may assign the appropriate title and grade after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(6) If a state agency requests any central growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the state agency's subsequent fiscal year budget request.

(c) (1) The Office of Personnel Management shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in state agencies of the proper classification and grade if the state agency does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes in state agency administration. (2) Temporary transition pool positions are to be used by state agencies only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act. (3) A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee. (4) No position shall be authorized to the state agency from the temporary transition pool until the specific positions are requested by the agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (5) Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended.

(1) The Office of Personnel Management shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in state agencies of the proper classification and grade if the state agency does not have sufficient positions available with the appropriate classification and grade to address organizational transition issues such as succession planning or other changes in state agency administration.

(2) Temporary transition pool positions are to be used by state agencies only if the personnel service needs exceed the number of positions in a classification authorized by the General Assembly and were not anticipated at the time of the passage of the state agency's operating appropriation act.

(3) A position established under this section shall be approved for the same classification as the position occupied by the transitioning full-time employee.

(4) No position shall be authorized to the state agency from the temporary transition pool until the specific positions are requested by the agency, recommended by the Office of Personnel Management, and reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(5) Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended.

(d) (1) The Office of Personnel Management shall establish and maintain a pool of two hundred (200) extra help positions, as defined under § 21-5-224 , to be used for the Arkansas Public Service Internship Program. (2) The Office of Personnel Management shall issue a policy for a state agency's use of a pool position authorized by subdivision (d)(1) of this section.

(1) The Office of Personnel Management shall establish and maintain a pool of two hundred (200) extra help positions, as defined under § 21-5-224 , to be used for the Arkansas Public Service Internship Program.

(2) The Office of Personnel Management shall issue a policy for a state agency's use of a pool position authorized by subdivision (d)(1) of this section.

(e) A pool position received under this section is subject to the state agency's ability to certify funding.

(f) (1) The Office of Personnel Management shall establish and maintain a growth pool of twenty (20) positions to be used to establish additional positions by: (A) Elected constitutional officers of this state; (B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (D) The Arkansas Department of Transportation; (E) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the United States Government; and (F) The Arkansas State Game and Fish Commission. (2) (A) If one of the entities provided in subdivision (f)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) The entities provided in subdivision (f)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade. (3) If an agency requests an approved growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the agency's subsequent fiscal year budget request.

(1) The Office of Personnel Management shall establish and maintain a growth pool of twenty (20) positions to be used to establish additional positions by: (A) Elected constitutional officers of this state; (B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; (C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts; (D) The Arkansas Department of Transportation; (E) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the United States Government; and (F) The Arkansas State Game and Fish Commission.

(A) Elected constitutional officers of this state;

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

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

(D) The Arkansas Department of Transportation;

(E) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the United States Government; and

(F) The Arkansas State Game and Fish Commission.

(2) (A) If one of the entities provided in subdivision (f)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) The entities provided in subdivision (f)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (C) If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade.

(A) If one of the entities provided in subdivision (f)(1) of this section does not have sufficient positions available with the appropriate classification and grade to meet an agency's mandated responsibilities and the positions were not anticipated at the time of the passage of the agency's operating appropriation act, the positions may be used, after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(B) The entities provided in subdivision (f)(1) of this section shall provide justification for the request to allocate a position from the growth pool to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(C) If a new classification is necessary for an additional position, the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, may assign the appropriate title and grade.

(3) If an agency requests an approved growth pool position to be continued during the subsequent fiscal year, the position shall be requested as a new position in the agency's subsequent fiscal year budget request.

Amended by Act 2023, No. 886,§ 2, eff. 7/1/2023.

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

Amended by Act 2021, No. 661,§ 6, eff. 7/1/2021.

Amended by Act 2021, No. 661,§ 5, eff. 7/1/2021.

Amended by Act 2021, No. 379,§ 2, eff. 3/17/2021.

Amended by Act 2017, No. 365,§ 23, eff. 7/1/2017.

Acts 2009, No. 688, § 13; 2011, No. 1017, § 9.
Ark. Code Ann. § 21-5-421 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-421
Introduction of bills affecting State and Public School Life and Health Insurance Program - Definitions
Status: in_force

(a) As used in this section: (1) "Entity of the state" means any agency, board, bureau, commission, committee, council, department, division, institution of higher education, office, public school, quasi-public organization, or other political subdivision of the state; and (2) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by an entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including pharmacy benefits, to an entity of the state. (b) A bill affecting the State and Public School Life and Health Insurance Program or that imposes a new or increased cost obligation for health benefit plans, including pharmacy benefits, on an entity of the state to be considered by the General Assembly at a regular session shall be introduced in the General Assembly during the first fifteen (15) calendar days of a regular session. (c) (1) A bill as described in subsection (b) of this section shall not be introduced after the fifteenth day of a regular session unless the introduction of the bill is first approved by a three-fourths (3/4) vote of the full membership of each house of the General Assembly. (2) If the General Assembly recesses for longer than three (3) consecutive days during the first fifteen (15) days of a regular session, the fifteen-day introduction deadline shall be extended for a time period equal to the recess. (d) A bill affecting the State and Public School Life and Health Insurance Program or that imposes a new or increased cost obligation for health benefit plans, including pharmacy benefits, on an entity of the state shall not be introduced or considered at a fiscal session or an extraordinary session of the General Assembly unless the introduction and consideration of the bill is first approved by a two-thirds (2/3) vote of the full membership of each house of the General Assembly. Added by Act 2022, No. 112,§ 2, eff. 3/1/2022.

(a) As used in this section: (1) "Entity of the state" means any agency, board, bureau, commission, committee, council, department, division, institution of higher education, office, public school, quasi-public organization, or other political subdivision of the state; and (2) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by an entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including pharmacy benefits, to an entity of the state.

(1) "Entity of the state" means any agency, board, bureau, commission, committee, council, department, division, institution of higher education, office, public school, quasi-public organization, or other political subdivision of the state; and

(2) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by an entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including pharmacy benefits, to an entity of the state.

(b) A bill affecting the State and Public School Life and Health Insurance Program or that imposes a new or increased cost obligation for health benefit plans, including pharmacy benefits, on an entity of the state to be considered by the General Assembly at a regular session shall be introduced in the General Assembly during the first fifteen (15) calendar days of a regular session.

(c) (1) A bill as described in subsection (b) of this section shall not be introduced after the fifteenth day of a regular session unless the introduction of the bill is first approved by a three-fourths (3/4) vote of the full membership of each house of the General Assembly. (2) If the General Assembly recesses for longer than three (3) consecutive days during the first fifteen (15) days of a regular session, the fifteen-day introduction deadline shall be extended for a time period equal to the recess.

(1) A bill as described in subsection (b) of this section shall not be introduced after the fifteenth day of a regular session unless the introduction of the bill is first approved by a three-fourths (3/4) vote of the full membership of each house of the General Assembly.

(2) If the General Assembly recesses for longer than three (3) consecutive days during the first fifteen (15) days of a regular session, the fifteen-day introduction deadline shall be extended for a time period equal to the recess.

(d) A bill affecting the State and Public School Life and Health Insurance Program or that imposes a new or increased cost obligation for health benefit plans, including pharmacy benefits, on an entity of the state shall not be introduced or considered at a fiscal session or an extraordinary session of the General Assembly unless the introduction and consideration of the bill is first approved by a two-thirds (2/3) vote of the full membership of each house of the General Assembly.

Added by Act 2022, No. 112,§ 2, eff. 3/1/2022.
Ark. Code Ann. § 21-12-403 — AR Code / Title 21 / Chapter 12 / Subchapter 4 / Section 21-12-403
Issuance of warrant to seize and deliver records
Status: in_force

If any person whose office has become vacant, or his or her executor or administrator shall fail to deliver any record, book, or paper to the person entitled to them, any judge of the Supreme Court or circuit court, upon the affidavit of any creditable person, setting forth the facts, may issue a warrant directed to some sheriff or coroner, commanding him or her to seize all the records, books, and papers appertaining to the office, and deliver them to the proper officer, who shall be named in the warrant. Rev. Stat., ch. 121, § 4; C. & M. Dig., § 8335; Pope's Dig., § 10931; A.S.A. 1947, § 12-2004.

If any person whose office has become vacant, or his or her executor or administrator shall fail to deliver any record, book, or paper to the person entitled to them, any judge of the Supreme Court or circuit court, upon the affidavit of any creditable person, setting forth the facts, may issue a warrant directed to some sheriff or coroner, commanding him or her to seize all the records, books, and papers appertaining to the office, and deliver them to the proper officer, who shall be named in the warrant.

Rev. Stat., ch. 121, § 4; C. & M. Dig., § 8335; Pope's Dig., § 10931; A.S.A. 1947, § 12-2004.
Ark. Code Ann. § 21-9-302 — AR Code / Title 21 / Chapter 9 / Subchapter 3 / Section 21-9-302
Tort liability - Settlement of claims
Status: in_force

Each county, municipal corporation, school district, special improvement district, or any other political subdivision of the state is authorized to provide for hearing and settling tort claims against it. Acts 1969, No. 165, § 2; A.S.A. 1947, § 12-2902.

Each county, municipal corporation, school district, special improvement district, or any other political subdivision of the state is authorized to provide for hearing and settling tort claims against it.

Acts 1969, No. 165, § 2; A.S.A. 1947, § 12-2902.