Ark. Code Ann. § 21-1-902 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-902
Legislative findings
Status: in_force

The General Assembly finds that: (1) The State of Arkansas is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and the General Assembly is duty bound to watch over and oppose every infraction of those principles that constitute the basis of the United States because only a faithful observance of those principles can secure the nation's existence and the public happiness; (2) Acting through the United States Constitution, the people of the several states created the United States Government to be their agent in the exercise of a few defined powers, while reserving to the state governments the power to legislate on matters that concern the lives, liberties, and properties of citizens in the ordinary course of affairs; (3) The limitation of the United States Government's power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the United States Government, and all power not delegated to the United States Government in the United States Constitution is reserved to the states respectively, or to the people themselves; (4) Whenever the United States Government assumes powers that the people did not grant it in the United States Constitution, its acts are unauthoritative, void, and of no force; (5) (A) The several states of the United States are not united on the principle of unlimited submission to the United States Government. (B) The United States Government created by the United States Constitution is not the exclusive or final judge of the extent of the powers granted to it by the United States Constitution, because that would have made the United States Government's discretion, and not the United States Constitution, the measure of those powers. (C) To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge itself, as well as infractions and the mode and measure of redress. (D) (i) Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not apply to various federal statutes, orders, rules, regulations, or other actions that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas. (ii) Such statutes, orders, rules, regulations, and other actions exceed the powers granted to the United States Government except to the extent that they are necessary and proper for the United States Government and regulation of the land and naval forces of the United States Armed Forces or for the organizing, arming, and disciplining of militia forces actively employed in the service of the United States Armed Forces; (6) The people of the several states have given the United States Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes", but regulating commerce does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property or to dictate what sort of arms and accessories law-abiding, mentally competent Arkansas citizens may buy, sell, exchange, or otherwise possess within the borders of this state; (7) (A) The people of the several states have also given the United States Congress the power "to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution . the powers vested by this Constitution in the Government of the United States, or in any department or officer thereof". (B) (i) These federal constitutional provisions merely identify the means by which the United States Government may execute its limited powers and ought not to be so construed as themselves to give unlimited powers because to do so would be to destroy the balance of power between the United States Government and the state governments. (ii) The General Assembly denies any claim that the taxing and spending powers of the United States Congress can be used to diminish in any way the people's right to keep and bear arms; and (8) The people of Arkansas have vested the General Assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within this state's borders, subject only to the limits imposed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5. Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

The General Assembly finds that:

(1) The State of Arkansas is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and the General Assembly is duty bound to watch over and oppose every infraction of those principles that constitute the basis of the United States because only a faithful observance of those principles can secure the nation's existence and the public happiness;

(2) Acting through the United States Constitution, the people of the several states created the United States Government to be their agent in the exercise of a few defined powers, while reserving to the state governments the power to legislate on matters that concern the lives, liberties, and properties of citizens in the ordinary course of affairs;

(3) The limitation of the United States Government's power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the United States Government, and all power not delegated to the United States Government in the United States Constitution is reserved to the states respectively, or to the people themselves;

(4) Whenever the United States Government assumes powers that the people did not grant it in the United States Constitution, its acts are unauthoritative, void, and of no force;

(5) (A) The several states of the United States are not united on the principle of unlimited submission to the United States Government. (B) The United States Government created by the United States Constitution is not the exclusive or final judge of the extent of the powers granted to it by the United States Constitution, because that would have made the United States Government's discretion, and not the United States Constitution, the measure of those powers. (C) To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge itself, as well as infractions and the mode and measure of redress. (D) (i) Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not apply to various federal statutes, orders, rules, regulations, or other actions that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas. (ii) Such statutes, orders, rules, regulations, and other actions exceed the powers granted to the United States Government except to the extent that they are necessary and proper for the United States Government and regulation of the land and naval forces of the United States Armed Forces or for the organizing, arming, and disciplining of militia forces actively employed in the service of the United States Armed Forces;

(A) The several states of the United States are not united on the principle of unlimited submission to the United States Government.

(B) The United States Government created by the United States Constitution is not the exclusive or final judge of the extent of the powers granted to it by the United States Constitution, because that would have made the United States Government's discretion, and not the United States Constitution, the measure of those powers.

(C) To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge itself, as well as infractions and the mode and measure of redress.

(D) (i) Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not apply to various federal statutes, orders, rules, regulations, or other actions that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas. (ii) Such statutes, orders, rules, regulations, and other actions exceed the powers granted to the United States Government except to the extent that they are necessary and proper for the United States Government and regulation of the land and naval forces of the United States Armed Forces or for the organizing, arming, and disciplining of militia forces actively employed in the service of the United States Armed Forces;

(i) Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not apply to various federal statutes, orders, rules, regulations, or other actions that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas.

(ii) Such statutes, orders, rules, regulations, and other actions exceed the powers granted to the United States Government except to the extent that they are necessary and proper for the United States Government and regulation of the land and naval forces of the United States Armed Forces or for the organizing, arming, and disciplining of militia forces actively employed in the service of the United States Armed Forces;

(6) The people of the several states have given the United States Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes", but regulating commerce does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property or to dictate what sort of arms and accessories law-abiding, mentally competent Arkansas citizens may buy, sell, exchange, or otherwise possess within the borders of this state;

(7) (A) The people of the several states have also given the United States Congress the power "to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution . the powers vested by this Constitution in the Government of the United States, or in any department or officer thereof". (B) (i) These federal constitutional provisions merely identify the means by which the United States Government may execute its limited powers and ought not to be so construed as themselves to give unlimited powers because to do so would be to destroy the balance of power between the United States Government and the state governments. (ii) The General Assembly denies any claim that the taxing and spending powers of the United States Congress can be used to diminish in any way the people's right to keep and bear arms; and

(A) The people of the several states have also given the United States Congress the power "to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution . the powers vested by this Constitution in the Government of the United States, or in any department or officer thereof".

(B) (i) These federal constitutional provisions merely identify the means by which the United States Government may execute its limited powers and ought not to be so construed as themselves to give unlimited powers because to do so would be to destroy the balance of power between the United States Government and the state governments. (ii) The General Assembly denies any claim that the taxing and spending powers of the United States Congress can be used to diminish in any way the people's right to keep and bear arms; and

(i) These federal constitutional provisions merely identify the means by which the United States Government may execute its limited powers and ought not to be so construed as themselves to give unlimited powers because to do so would be to destroy the balance of power between the United States Government and the state governments.

(ii) The General Assembly denies any claim that the taxing and spending powers of the United States Congress can be used to diminish in any way the people's right to keep and bear arms; and

(8) The people of Arkansas have vested the General Assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within this state's borders, subject only to the limits imposed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5.

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 21-5-705 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-705
Payment of claim to designated beneficiaries or survivors of certain specified public employees killed in the line of duty - Funds - Definitions
Status: in_force

(a) The state shall pay the additional sum of one hundred fifty thousand dollars ($150,000) to the qualified recipient or recipients of a: (1) Police officer, wildlife enforcement officer or game warden, commissioned law enforcement officer or emergency response employee of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, employee of the Division of Correction, jailer, or coroner whose death occurred: (A) After January 1, 2003; and (B) Either: (i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or (ii) In the line of duty while the officer or employee was performing emergency medical activities; (2) Firefighter, emergency medical technician, or employee of the Arkansas Forestry Commission killed after July 1, 1987, while responding to, engaging in, or returning from a fire, a rescue incident, a hazardous material or bomb incident, an emergency medical activity, or simulated training thereof; and (3) (A) (i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty. (ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service. (B) A death benefit under subdivision (a)(3)(A) of this section shall be limited to: (i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and (ii) A firefighter who is under sixty-eight (68) years of age. (C) (i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer. (ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor: (a) One (1) licensed oncologist; (b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association; (c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.; (d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and (e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations. (iii) (a) Panel members shall serve a term of four (4) years. (b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (iv) (a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel. (b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section. (v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term. (vi) Four (4) members of the panel constitute a quorum to transact business. (vii) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (viii) The panel shall: (a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters; (b) Review claims for death benefits of firefighters who have died of cancer; and (c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section. (D) This section: (i) Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and (ii) Does not grant a cause of action against the state, a county, a city, or a municipality. (b) In addition to the benefits provided for in subsection (a) of this section, the state shall pay the additional sum of twenty-five thousand dollars ($25,000) to the qualified recipient of any police officer, wildlife enforcement officer or game warden of the Arkansas State Game and Fish Commission, commissioned law enforcement officer of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, or employee of the Division of Correction: (1) Who was wearing a bulletproof vest approved by the Director of the Department of Arkansas State Police or the Director of the Division of Arkansas State Police; and (2) Whose death occurred: (A) After July 1, 1989; and (B) In the official line of duty as the result of a criminal action of another person or persons. (c) (1) Except as provided in subdivision (c)(2) of this section, the benefits shall be paid totally from state funds appropriated for these benefits. The funds shall not be reimbursed by a transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund. (2) (A) Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account. (B) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment. (d) The additional benefits provided in this section shall be paid to the qualified recipient in four (4) equal annual payments, the first of which shall be paid immediately upon entry of the order awarding the benefits, and the next three (3) payments shall be paid in July of the next three (3) fiscal years after the date of the original order of the Arkansas State Claims Commission establishing entitlement to additional payments. (e) Determination of eligibility for the additional payments provided in this section shall be made by the Arkansas State Claims Commission in accordance with Arkansas State Claims Commission rules and procedures. (f) (1) A person who claims a benefit as a qualified recipient under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent. (2) If a person who claims a benefit as a qualified recipient fails to list all known surviving children as required by subdivision (f)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings. (g) If a benefit under this section is payable to both the surviving spouse and other eligible persons such as surviving children, the Arkansas State Claims Commission shall hold a hearing to determine how the benefit shall be distributed among the eligible persons if those percentages are not already provided for by law. (h) As used in this section: (1) "Qualified recipient" means a beneficiary of an award or allowance under this section with the following priority for eligibility and distribution to a beneficiary: (A) If the person has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award or allowance, in whatever percentage indicated by the covered public employee; (B) Subject to subdivision (h)(1)(C) of this section, if the person has no designated beneficiary or beneficiaries, the award or allowance shall go to the person's surviving spouse; (C) If the person has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award or allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the award or allowance in equal shares; or (D) If the person is unmarried at the date of his or her death: (i) The person's surviving dependent children split the award or allowance in equal shares; (ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or (iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and (2) "Surviving dependent children" means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority. Amended by Act 2023, No. 852,§ 12, eff. 8/1/2023. Amended by Act 2023, No. 852,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 826,§ 5, eff. 8/1/2023. See note. Amended by Act 2019, No. 785,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1004, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1003, eff. 7/1/2019. Amended by Act 2015, No. 1058,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 341,§ 1, eff. 7/22/2015. Acts 1969, No. 43, § 2; 1973, No. 150, § 1; 1973, No. 399, § 2; 1977, No. 936, § 2; 1981, No. 890, § 2; 1985, No. 839, § 1; A.S.A. 1947, § 12-2348; Acts 1987, No. 349, § 2; 1989, No. 15, §§ 3, 4; 1989, No. 345, § 1; 1991, No. 99, § 1; 1993, No. 809, § 1; 1993, No. 1207, § 1; 1997, No. 547, § 5; 1999, No. 57, § 1; 2001, No. 113, § 5; 2003, No. 355, § 1; 2007, No. 806, § 1; 2009, No. 1313, § 1. Act 2023, No. 826,§ 5purported to amend this section; however, the apparent intent of the legislature was to amend 21-2-705.

(a) The state shall pay the additional sum of one hundred fifty thousand dollars ($150,000) to the qualified recipient or recipients of a: (1) Police officer, wildlife enforcement officer or game warden, commissioned law enforcement officer or emergency response employee of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, employee of the Division of Correction, jailer, or coroner whose death occurred: (A) After January 1, 2003; and (B) Either: (i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or (ii) In the line of duty while the officer or employee was performing emergency medical activities; (2) Firefighter, emergency medical technician, or employee of the Arkansas Forestry Commission killed after July 1, 1987, while responding to, engaging in, or returning from a fire, a rescue incident, a hazardous material or bomb incident, an emergency medical activity, or simulated training thereof; and (3) (A) (i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty. (ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service. (B) A death benefit under subdivision (a)(3)(A) of this section shall be limited to: (i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and (ii) A firefighter who is under sixty-eight (68) years of age. (C) (i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer. (ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor: (a) One (1) licensed oncologist; (b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association; (c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.; (d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and (e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations. (iii) (a) Panel members shall serve a term of four (4) years. (b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (iv) (a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel. (b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section. (v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term. (vi) Four (4) members of the panel constitute a quorum to transact business. (vii) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (viii) The panel shall: (a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters; (b) Review claims for death benefits of firefighters who have died of cancer; and (c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section. (D) This section: (i) Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and (ii) Does not grant a cause of action against the state, a county, a city, or a municipality.

(1) Police officer, wildlife enforcement officer or game warden, commissioned law enforcement officer or emergency response employee of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, employee of the Division of Correction, jailer, or coroner whose death occurred: (A) After January 1, 2003; and (B) Either: (i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or (ii) In the line of duty while the officer or employee was performing emergency medical activities;

(A) After January 1, 2003; and

(B) Either: (i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or (ii) In the line of duty while the officer or employee was performing emergency medical activities;

(i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or

(ii) In the line of duty while the officer or employee was performing emergency medical activities;

(2) Firefighter, emergency medical technician, or employee of the Arkansas Forestry Commission killed after July 1, 1987, while responding to, engaging in, or returning from a fire, a rescue incident, a hazardous material or bomb incident, an emergency medical activity, or simulated training thereof; and

(3) (A) (i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty. (ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service. (B) A death benefit under subdivision (a)(3)(A) of this section shall be limited to: (i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and (ii) A firefighter who is under sixty-eight (68) years of age. (C) (i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer. (ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor: (a) One (1) licensed oncologist; (b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association; (c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.; (d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and (e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations. (iii) (a) Panel members shall serve a term of four (4) years. (b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (iv) (a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel. (b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section. (v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term. (vi) Four (4) members of the panel constitute a quorum to transact business. (vii) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (viii) The panel shall: (a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters; (b) Review claims for death benefits of firefighters who have died of cancer; and (c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section. (D) This section: (i) Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and (ii) Does not grant a cause of action against the state, a county, a city, or a municipality.

(A) (i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty. (ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service.

(i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty.

(ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service.

(B) A death benefit under subdivision (a)(3)(A) of this section shall be limited to: (i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and (ii) A firefighter who is under sixty-eight (68) years of age.

(i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in § 6-82-501 et seq.; and

(ii) A firefighter who is under sixty-eight (68) years of age.

(C) (i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer. (ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor: (a) One (1) licensed oncologist; (b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association; (c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.; (d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and (e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations. (iii) (a) Panel members shall serve a term of four (4) years. (b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (iv) (a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel. (b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section. (v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term. (vi) Four (4) members of the panel constitute a quorum to transact business. (vii) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (viii) The panel shall: (a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters; (b) Review claims for death benefits of firefighters who have died of cancer; and (c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section.

(i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3)(A) of this section for deaths associated with cancer.

(ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor: (a) One (1) licensed oncologist; (b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association; (c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.; (d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and (e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations.

(a) One (1) licensed oncologist;

(b) (1) Two (2) firefighters paid by the state, a county, or a municipality. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association;

(1) Two (2) firefighters paid by the state, a county, or a municipality.

(2) One (1) firefighter under subdivision (a)(3)(C)(ii) (b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association;

(c) (1) Two (2) volunteer firefighters. (2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.;

(1) Two (2) volunteer firefighters.

(2) One (1) firefighter under subdivision (a)(3)(C)(ii) (c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association, Inc.;

(d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and

(e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations.

(iii) (a) Panel members shall serve a term of four (4) years. (b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.

(a) Panel members shall serve a term of four (4) years.

(b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.

(iv) (a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel. (b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section.

(a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel.

(b) Special meetings may be called at the discretion of the chair selected under subdivision (a)(3)(C)(v) of this section.

(v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term.

(vi) Four (4) members of the panel constitute a quorum to transact business.

(vii) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq.

(viii) The panel shall: (a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters; (b) Review claims for death benefits of firefighters who have died of cancer; and (c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section.

(a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters;

(b) Review claims for death benefits of firefighters who have died of cancer; and

(c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section.

(D) This section: (i) Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and (ii) Does not grant a cause of action against the state, a county, a city, or a municipality.

(i) Does not apply to any other benefits granted by the state, a county, a city, or a municipality; and

(ii) Does not grant a cause of action against the state, a county, a city, or a municipality.

(b) In addition to the benefits provided for in subsection (a) of this section, the state shall pay the additional sum of twenty-five thousand dollars ($25,000) to the qualified recipient of any police officer, wildlife enforcement officer or game warden of the Arkansas State Game and Fish Commission, commissioned law enforcement officer of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, or employee of the Division of Correction: (1) Who was wearing a bulletproof vest approved by the Director of the Department of Arkansas State Police or the Director of the Division of Arkansas State Police; and (2) Whose death occurred: (A) After July 1, 1989; and (B) In the official line of duty as the result of a criminal action of another person or persons.

(1) Who was wearing a bulletproof vest approved by the Director of the Department of Arkansas State Police or the Director of the Division of Arkansas State Police; and

(2) Whose death occurred: (A) After July 1, 1989; and (B) In the official line of duty as the result of a criminal action of another person or persons.

(A) After July 1, 1989; and

(B) In the official line of duty as the result of a criminal action of another person or persons.

(c) (1) Except as provided in subdivision (c)(2) of this section, the benefits shall be paid totally from state funds appropriated for these benefits. The funds shall not be reimbursed by a transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund. (2) (A) Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account. (B) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(1) Except as provided in subdivision (c)(2) of this section, the benefits shall be paid totally from state funds appropriated for these benefits. The funds shall not be reimbursed by a transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund.

(2) (A) Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account. (B) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(A) Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account.

(B) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(d) The additional benefits provided in this section shall be paid to the qualified recipient in four (4) equal annual payments, the first of which shall be paid immediately upon entry of the order awarding the benefits, and the next three (3) payments shall be paid in July of the next three (3) fiscal years after the date of the original order of the Arkansas State Claims Commission establishing entitlement to additional payments.

(e) Determination of eligibility for the additional payments provided in this section shall be made by the Arkansas State Claims Commission in accordance with Arkansas State Claims Commission rules and procedures.

(f) (1) A person who claims a benefit as a qualified recipient under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent. (2) If a person who claims a benefit as a qualified recipient fails to list all known surviving children as required by subdivision (f)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.

(1) A person who claims a benefit as a qualified recipient under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent.

(A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and

(B) Discloses the existence of any last will and testament of the decedent.

(2) If a person who claims a benefit as a qualified recipient fails to list all known surviving children as required by subdivision (f)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.

(g) If a benefit under this section is payable to both the surviving spouse and other eligible persons such as surviving children, the Arkansas State Claims Commission shall hold a hearing to determine how the benefit shall be distributed among the eligible persons if those percentages are not already provided for by law.

(h) As used in this section: (1) "Qualified recipient" means a beneficiary of an award or allowance under this section with the following priority for eligibility and distribution to a beneficiary: (A) If the person has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award or allowance, in whatever percentage indicated by the covered public employee; (B) Subject to subdivision (h)(1)(C) of this section, if the person has no designated beneficiary or beneficiaries, the award or allowance shall go to the person's surviving spouse; (C) If the person has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award or allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the award or allowance in equal shares; or (D) If the person is unmarried at the date of his or her death: (i) The person's surviving dependent children split the award or allowance in equal shares; (ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or (iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and (2) "Surviving dependent children" means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.

(1) "Qualified recipient" means a beneficiary of an award or allowance under this section with the following priority for eligibility and distribution to a beneficiary: (A) If the person has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award or allowance, in whatever percentage indicated by the covered public employee; (B) Subject to subdivision (h)(1)(C) of this section, if the person has no designated beneficiary or beneficiaries, the award or allowance shall go to the person's surviving spouse; (C) If the person has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award or allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the award or allowance in equal shares; or (D) If the person is unmarried at the date of his or her death: (i) The person's surviving dependent children split the award or allowance in equal shares; (ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or (iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and

(A) If the person has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award or allowance, in whatever percentage indicated by the covered public employee;

(B) Subject to subdivision (h)(1)(C) of this section, if the person has no designated beneficiary or beneficiaries, the award or allowance shall go to the person's surviving spouse;

(C) If the person has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award or allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the award or allowance in equal shares; or

(D) If the person is unmarried at the date of his or her death: (i) The person's surviving dependent children split the award or allowance in equal shares; (ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or (iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and

(i) The person's surviving dependent children split the award or allowance in equal shares;

(ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or

(iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and

(2) "Surviving dependent children" means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.

Amended by Act 2023, No. 852,§ 12, eff. 8/1/2023.

Amended by Act 2023, No. 852,§ 11, eff. 8/1/2023.

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

Amended by Act 2019, No. 785,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1004, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1003, eff. 7/1/2019.

Amended by Act 2015, No. 1058,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 341,§ 1, eff. 7/22/2015.

Acts 1969, No. 43, § 2; 1973, No. 150, § 1; 1973, No. 399, § 2; 1977, No. 936, § 2; 1981, No. 890, § 2; 1985, No. 839, § 1; A.S.A. 1947, § 12-2348; Acts 1987, No. 349, § 2; 1989, No. 15, §§ 3, 4; 1989, No. 345, § 1; 1991, No. 99, § 1; 1993, No. 809, § 1; 1993, No. 1207, § 1; 1997, No. 547, § 5; 1999, No. 57, § 1; 2001, No. 113, § 5; 2003, No. 355, § 1; 2007, No. 806, § 1; 2009, No. 1313, § 1.

Act 2023, No. 826,§ 5purported to amend this section; however, the apparent intent of the legislature was to amend 21-2-705.
Ark. Code Ann. § 21-4-402 — AR Code / Title 21 / Chapter 4 / Subchapter 4 / Section 21-4-402
Payment for accrued vacation
Status: in_force

(a) It shall be the duty of the officer in charge of each agency, department, commission, or board of the State of Arkansas, immediately upon the death of any employee thereof, to cause to be ascertained the number of days of vacation which have accrued and which have not been taken by such employee and to cause the preparation of a voucher or other document which shall direct the payment of a sum which is determined by multiplying the number of unused accrued vacation days by the daily rate of pay which was being paid to such deceased employee as of the date of his or her death. (b) The Auditor of State or other authorized disbursing officer of any agency, department, commission, or board shall prepare a check, draft, or other negotiable instrument made payable to the estate of the decedent. Acts 1967, No. 97, § 1; A.S.A. 1947, § 12-2343.

(a) It shall be the duty of the officer in charge of each agency, department, commission, or board of the State of Arkansas, immediately upon the death of any employee thereof, to cause to be ascertained the number of days of vacation which have accrued and which have not been taken by such employee and to cause the preparation of a voucher or other document which shall direct the payment of a sum which is determined by multiplying the number of unused accrued vacation days by the daily rate of pay which was being paid to such deceased employee as of the date of his or her death.

(b) The Auditor of State or other authorized disbursing officer of any agency, department, commission, or board shall prepare a check, draft, or other negotiable instrument made payable to the estate of the decedent.

Acts 1967, No. 97, § 1; A.S.A. 1947, § 12-2343.
Ark. Code Ann. § 21-4-302 — AR Code / Title 21 / Chapter 4 / Subchapter 3 / Section 21-4-302
Officers - Leave of absence granted to perform active military service
Status: in_force

(a) Subject to the provisions of this subchapter, the following officers shall be granted leave of absence from their respective offices and duties to perform active military service: (1) State officials; (2) County officials; (3) County school officials; (4) Municipal officials; (5) Township officials; and (6) All others who hold an elected office under the government of the State of Arkansas. (b) When an officer volunteers or is called into active duty in the United States Armed Forces during war, the Governor, or person or persons whose duty it is to fill the vacancy should there be one, shall, upon application being made by the officer, grant the officer a leave of absence during the time the officer is retained in the military service, subject to the exceptions provided in this subchapter. (c) (1) An officer who volunteers or is called into active duty in the United States Armed Forces shall not be deemed to have forfeited his or her office during his or her leave of absence for military duty. (2) Upon completion of active military duty, the officer shall be permitted to resume his or her office for the remainder of the term for which he or she was elected. Acts 1943, No. 247, §§ 2, 3; A.S.A. 1947, §§ 12-2302, 12-2303; Acts 2009, No. 775, § 1.

(a) Subject to the provisions of this subchapter, the following officers shall be granted leave of absence from their respective offices and duties to perform active military service: (1) State officials; (2) County officials; (3) County school officials; (4) Municipal officials; (5) Township officials; and (6) All others who hold an elected office under the government of the State of Arkansas.

(1) State officials;

(2) County officials;

(3) County school officials;

(4) Municipal officials;

(5) Township officials; and

(6) All others who hold an elected office under the government of the State of Arkansas.

(b) When an officer volunteers or is called into active duty in the United States Armed Forces during war, the Governor, or person or persons whose duty it is to fill the vacancy should there be one, shall, upon application being made by the officer, grant the officer a leave of absence during the time the officer is retained in the military service, subject to the exceptions provided in this subchapter.

(c) (1) An officer who volunteers or is called into active duty in the United States Armed Forces shall not be deemed to have forfeited his or her office during his or her leave of absence for military duty. (2) Upon completion of active military duty, the officer shall be permitted to resume his or her office for the remainder of the term for which he or she was elected.

(1) An officer who volunteers or is called into active duty in the United States Armed Forces shall not be deemed to have forfeited his or her office during his or her leave of absence for military duty.

(2) Upon completion of active military duty, the officer shall be permitted to resume his or her office for the remainder of the term for which he or she was elected.

Acts 1943, No. 247, §§ 2, 3; A.S.A. 1947, §§ 12-2302, 12-2303; Acts 2009, No. 775, § 1.
Ark. Code Ann. § 21-2-803 — AR Code / Title 21 / Chapter 2 / Subchapter 8 / Section 21-2-803
Definitions
Status: in_force

As used in this subchapter: (1) "County" means any county of this state; (2) "Cyber response contact" means a person or entity designated by the Arkansas Cyber Response Board to be the initial contact for a participating governmental entity that is the subject of a cyberattack; (3) (A) "Cyber response panel" means a group of entities, each of which has been procured through state procurement and approved by the board, which can be activated by the cyber response contact to assist the participating governmental entity with forensic analysis, restoration guidance, and other board-authorized assistance following a cyberattack. (B) "Cyber response panel" may include an entity that is owned or managed by the government; (4) "Higher education entity" means a: (A) State-supported college, university, technical college, community college, or other institution of higher education; or (B) Department, division, or agency of a state institution of higher education; (5) "Money" means: (A) Currency, coins, and bank notes in current use and having a face value; and (B) Travelers' checks, register checks, and money orders held for sale to the general public; (6) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town; (7) "Participating governmental entity" means a: (A) County; (B) Municipality; or (C) School district; (8) "Property other than money and securities" means any tangible property, other than money and securities, that has intrinsic value; and (9) "School district" means a school district or open-enrollment public charter school in this state. Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.

As used in this subchapter:

(1) "County" means any county of this state;

(2) "Cyber response contact" means a person or entity designated by the Arkansas Cyber Response Board to be the initial contact for a participating governmental entity that is the subject of a cyberattack;

(3) (A) "Cyber response panel" means a group of entities, each of which has been procured through state procurement and approved by the board, which can be activated by the cyber response contact to assist the participating governmental entity with forensic analysis, restoration guidance, and other board-authorized assistance following a cyberattack. (B) "Cyber response panel" may include an entity that is owned or managed by the government;

(A) "Cyber response panel" means a group of entities, each of which has been procured through state procurement and approved by the board, which can be activated by the cyber response contact to assist the participating governmental entity with forensic analysis, restoration guidance, and other board-authorized assistance following a cyberattack.

(B) "Cyber response panel" may include an entity that is owned or managed by the government;

(4) "Higher education entity" means a: (A) State-supported college, university, technical college, community college, or other institution of higher education; or (B) Department, division, or agency of a state institution of higher education;

(A) State-supported college, university, technical college, community college, or other institution of higher education; or

(B) Department, division, or agency of a state institution of higher education;

(5) "Money" means: (A) Currency, coins, and bank notes in current use and having a face value; and (B) Travelers' checks, register checks, and money orders held for sale to the general public;

(A) Currency, coins, and bank notes in current use and having a face value; and

(B) Travelers' checks, register checks, and money orders held for sale to the general public;

(6) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town;

(A) A city of the first class;

(B) A city of the second class; or

(C) An incorporated town;

(7) "Participating governmental entity" means a: (A) County; (B) Municipality; or (C) School district;

(A) County;

(B) Municipality; or

(C) School district;

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

(9) "School district" means a school district or open-enrollment public charter school in this state.

Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 21-1-904 — AR Code / Title 21 / Chapter 1 / Subchapter 9 / Section 21-1-904
Firearm rights
Status: in_force

(a) All acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. (b) Such a federal ban that is null and void in this state under subsection (a) of this section includes without limitation: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens that was enacted after January 1, 2021; (2) Any registering or tracking of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens; (3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens; (4) Any act forbidding the possession, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and (5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens. (c) (1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state. (2) The persons and prohibitions described under subdivision (c)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms described under subsection (b) of this section. (d) An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section upon conviction is guilty of an unclassified misdemeanor. (e) A law enforcement officer not described under subsection (d) of this section who knowingly assists a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section is subject to being decertified as a law enforcement officer. Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.

(a) All acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(b) Such a federal ban that is null and void in this state under subsection (a) of this section includes without limitation: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens that was enacted after January 1, 2021; (2) Any registering or tracking of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens; (3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens; (4) Any act forbidding the possession, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and (5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens that was enacted after January 1, 2021;

(2) Any registering or tracking of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(4) Any act forbidding the possession, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and

(5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

(c) (1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state. (2) The persons and prohibitions described under subdivision (c)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms described under subsection (b) of this section.

(1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state; or (B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.

(A) A public officer or employee of this state; or

(B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.

(2) The persons and prohibitions described under subdivision (c)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms described under subsection (b) of this section.

(d) An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section upon conviction is guilty of an unclassified misdemeanor.

(e) A law enforcement officer not described under subsection (d) of this section who knowingly assists a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section is subject to being decertified as a law enforcement officer.

Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 21-5-411 — AR Code / Title 21 / Chapter 5 / Subchapter 4 / Section 21-5-411
Eligibility of certain retired employees - Definition
Status: in_force

(a) (1) State employee retirees and public school retirees are qualified to enroll in the State and Public School Life and Health Insurance Program as retirees if they: (A) Have participated in the program for at least five (5) cumulative years before retirement as participating members of: (i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard; (ii) The Arkansas Teacher Retirement System; (iii) The Arkansas State Highway Employees' Retirement System; (iv) The Arkansas Judicial Retirement System; or (v) An alternate retirement plan as defined in § 24-7-202 ; and (B) Are retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section. (2) (A) (i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, and has participated in the program for at least five (5) cumulative years before retirement, the active retiree may elect to enroll in the program. (ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division. (B) (i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered for at least five (5) cumulative years before the retiree's employment ended. (ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program if the retiree experiences a qualifying event with proof of continued insurance coverage at the time of open enrollment and documentation that the retiree was covered under the program for at least five (5) cumulative years before retirement. (C) (i) Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final. (ii) If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon confirmation that the active retiree participated in the program for at least five (5) cumulative years before retirement and payment of the appropriate premium as determined by the State Board of Finance under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility. (3) (A) Notwithstanding any other provision to the contrary in this section, a state employee or public school employee who has five (5) cumulative years of participation in the program before retirement and ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continued participation in the program if the state employee or public school employee is separated from employment because of the expiration of a fixed period of employment. (B) (i) A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division. (ii) The election to continue participation in the program shall be made in writing on forms required by the division. (C) (i) Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final. (ii) If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board: (a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; (b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and (c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement. (D) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under subdivision (a)(1)(A) of this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree as determined by the board under subdivision (a)(5) of this section. (4) (A) As used in this subsection, "loss of eligibility" means a loss of coverage as a result of: (i) A legal separation; (ii) Divorce; (iii) Death of the insured; (iv) Termination of employment; or (v) A reduction in the number of hours of employment. (B) "Loss of eligibility" does not include: (i) A loss of coverage from a failure to pay premiums on a timely basis; (ii) Voluntary termination of coverage; or (iii) A termination of coverage for cause, such as making a fraudulent claim. (5) (A) A qualified retiree hired as a new employee or elected as a public official after December 31, 2015, who applies for participation in the program shall pay a premium as determined by the board that includes: (i) If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree; (ii) If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate; (iii) If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and (iv) If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate. (B) (i) A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program. (ii) (a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement. (b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement. (iii) A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program. (b) (1) Qualified retirees who draw retirement benefits under the Arkansas Public Employees' Retirement System, the Arkansas Teacher Retirement System, or the Arkansas State Highway Employees' Retirement System and retired contract employees of the Arkansas National Guard who wish to participate in the program shall pay the retiree amount of the premium as determined by the board under subdivision (a)(5) of this section or the cost of the policy issued to the retired participant. (2) (A) The retiree portion of the premium shall be deducted from: (i) The retirement benefit check of the retired participant; or (ii) A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division. (B) If the retirement benefit is to be withheld from a retirement benefit check and the retirement benefit check is not large enough for the premium deduction, the premium shall be paid by monthly bank draft on a designated date prescribed by the division. (c) Members of the Arkansas Public Employees' Retirement System and the Arkansas State Highway Employees' Retirement System who retire before January 2, 1988, under §§ 24-4-732 , 24-5-122 , and 24-6-102 , shall not pay the full amount of the premium but shall pay a portion of the cost of the policy as set forth by §§ 24-4-732 , 24-5-122 , and 24-6-102 . (d) (1) Except as provided in subdivision (d)(2) of this section, any future change in program participation other than cancellation shall be allowed only for newly acquired dependents. (2) A dependent may be added to a qualified active or inactive retiree's health insurance coverage by payment of the appropriate premium as established by the board if: (A) The active or inactive retiree declined health insurance coverage for the dependent at the time of election to be an active or inactive retiree because the dependent had other employer-sponsored group health insurance coverage; (B) Subsequent to the active or inactive retiree's declination of health insurance coverage for the dependent under subdivision (d)(2)(A) of this section, the dependent involuntarily lost his or her employer-sponsored group health insurance coverage, and the loss of health insurance coverage was not the result of: (i) Fraud; or (ii) Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and (C) Within thirty (30) days of a dependent's involuntary loss of health insurance coverage under subdivision (d)(2)(B) of this section, the active or inactive retiree submits to the board proof that: (i) The dependent involuntarily lost health insurance coverage; (ii) Until the dependent's loss of health insurance coverage, the coverage had been continuous; and (iii) The retiree was a participant in the program for at least five (5) cumulative years before the active or inactive retiree's retirement. (e) (1) If a retiree dies and has covered dependents at the time of death, the dependents have the right to continue participation in the program. (2) Dependent children may continue to participate in the program until marriage or until the maximum age limit for a dependent child has been reached. (3) A surviving spouse may continue participation in the program. (4) If a surviving spouse or dependent declines participation in the program or cancels existing participation, then the surviving spouse or dependent has no further privileges under the program. Amended by Act 2023, No. 107,§ 1, eff. 7/1/2023. Amended by Act 2022, No. 107,§ 2, eff. 3/1/2022. Amended by Act 2021, No. 1004,§ 18, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6142, eff. 7/1/2019. Amended by Act 2015, No. 913,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 913,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 913,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 913,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 913,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 364,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 364,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 364,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 364,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 364,§ 1, eff. 7/22/2015. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Amended by Act 2013, No. 331,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 87,§ 1, eff. 8/16/2013. Acts 1972 (Ex. Sess.), No. 48, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 1987, No. 514, § 1; 1997, No. 1295, § 2; 1999, No. 1280, § 9; 2001, No. 1171, § 1; 2001, No. 1752, §§ 1, 2; 2007, No. 1009, § 9. Act 2022, No. 107,§ 3 provides that this act does not apply to a public school employee or a state employee who is employed on the effective date of this act.

(a) (1) State employee retirees and public school retirees are qualified to enroll in the State and Public School Life and Health Insurance Program as retirees if they: (A) Have participated in the program for at least five (5) cumulative years before retirement as participating members of: (i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard; (ii) The Arkansas Teacher Retirement System; (iii) The Arkansas State Highway Employees' Retirement System; (iv) The Arkansas Judicial Retirement System; or (v) An alternate retirement plan as defined in § 24-7-202 ; and (B) Are retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section. (2) (A) (i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, and has participated in the program for at least five (5) cumulative years before retirement, the active retiree may elect to enroll in the program. (ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division. (B) (i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered for at least five (5) cumulative years before the retiree's employment ended. (ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program if the retiree experiences a qualifying event with proof of continued insurance coverage at the time of open enrollment and documentation that the retiree was covered under the program for at least five (5) cumulative years before retirement. (C) (i) Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final. (ii) If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon confirmation that the active retiree participated in the program for at least five (5) cumulative years before retirement and payment of the appropriate premium as determined by the State Board of Finance under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility. (3) (A) Notwithstanding any other provision to the contrary in this section, a state employee or public school employee who has five (5) cumulative years of participation in the program before retirement and ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continued participation in the program if the state employee or public school employee is separated from employment because of the expiration of a fixed period of employment. (B) (i) A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division. (ii) The election to continue participation in the program shall be made in writing on forms required by the division. (C) (i) Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final. (ii) If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board: (a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; (b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and (c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement. (D) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under subdivision (a)(1)(A) of this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree as determined by the board under subdivision (a)(5) of this section. (4) (A) As used in this subsection, "loss of eligibility" means a loss of coverage as a result of: (i) A legal separation; (ii) Divorce; (iii) Death of the insured; (iv) Termination of employment; or (v) A reduction in the number of hours of employment. (B) "Loss of eligibility" does not include: (i) A loss of coverage from a failure to pay premiums on a timely basis; (ii) Voluntary termination of coverage; or (iii) A termination of coverage for cause, such as making a fraudulent claim. (5) (A) A qualified retiree hired as a new employee or elected as a public official after December 31, 2015, who applies for participation in the program shall pay a premium as determined by the board that includes: (i) If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree; (ii) If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate; (iii) If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and (iv) If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate. (B) (i) A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program. (ii) (a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement. (b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement. (iii) A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program.

(1) State employee retirees and public school retirees are qualified to enroll in the State and Public School Life and Health Insurance Program as retirees if they: (A) Have participated in the program for at least five (5) cumulative years before retirement as participating members of: (i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard; (ii) The Arkansas Teacher Retirement System; (iii) The Arkansas State Highway Employees' Retirement System; (iv) The Arkansas Judicial Retirement System; or (v) An alternate retirement plan as defined in § 24-7-202 ; and (B) Are retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section.

(A) Have participated in the program for at least five (5) cumulative years before retirement as participating members of: (i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard; (ii) The Arkansas Teacher Retirement System; (iii) The Arkansas State Highway Employees' Retirement System; (iv) The Arkansas Judicial Retirement System; or (v) An alternate retirement plan as defined in § 24-7-202 ; and

(i) The Arkansas Public Employees' Retirement System, including the members of the legislative division and the contract personnel of the Arkansas National Guard;

(ii) The Arkansas Teacher Retirement System;

(iii) The Arkansas State Highway Employees' Retirement System;

(iv) The Arkansas Judicial Retirement System; or

(v) An alternate retirement plan as defined in § 24-7-202 ; and

(B) Are retired and drawing benefits under one (1) or more of the retirement systems listed under subdivision (a)(1)(A) of this section.

(2) (A) (i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, and has participated in the program for at least five (5) cumulative years before retirement, the active retiree may elect to enroll in the program. (ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division. (B) (i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered for at least five (5) cumulative years before the retiree's employment ended. (ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program if the retiree experiences a qualifying event with proof of continued insurance coverage at the time of open enrollment and documentation that the retiree was covered under the program for at least five (5) cumulative years before retirement. (C) (i) Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final. (ii) If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon confirmation that the active retiree participated in the program for at least five (5) cumulative years before retirement and payment of the appropriate premium as determined by the State Board of Finance under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility.

(A) (i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, and has participated in the program for at least five (5) cumulative years before retirement, the active retiree may elect to enroll in the program. (ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division.

(i) If a state employee retiree or a public school employee retiree who is a member of a retirement system listed under subdivision (a)(1)(A) of this section receives retirement benefits, thereby becoming an active retiree, and has participated in the program for at least five (5) cumulative years before retirement, the active retiree may elect to enroll in the program.

(ii) The election to enroll in the program shall be made within thirty (30) days of the state employee retiree's or public school employee retiree's becoming an active retiree and shall be made in writing to the Employee Benefits Division on forms required by the division.

(B) (i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered for at least five (5) cumulative years before the retiree's employment ended. (ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program if the retiree experiences a qualifying event with proof of continued insurance coverage at the time of open enrollment and documentation that the retiree was covered under the program for at least five (5) cumulative years before retirement.

(i) To be eligible to continue coverage or to qualify for coverage after electing to decline participation in the program, the retiree must have been covered for at least five (5) cumulative years before the retiree's employment ended.

(ii) If a retiree declines to participate in the program at the time of retirement because the retiree is already covered under another employer-sponsored group health insurance policy, the retiree may make a one-time election to participate in the program if the retiree experiences a qualifying event with proof of continued insurance coverage at the time of open enrollment and documentation that the retiree was covered under the program for at least five (5) cumulative years before retirement.

(C) (i) Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final. (ii) If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon confirmation that the active retiree participated in the program for at least five (5) cumulative years before retirement and payment of the appropriate premium as determined by the State Board of Finance under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility.

(i) Except as provided in subdivision (a)(2)(C)(ii) of this section, an active retiree's failure to make an election to participate in the program during the thirty-day election period or an active retiree's election to decline participation in the program is final.

(ii) If an active retiree declines participation in the program because the active retiree has health insurance coverage through another employer group health plan and the active retiree's coverage was subsequently terminated because of a loss of eligibility, as defined by Internal Revenue Service regulations, and provides information from the former insurance company of the loss of eligibility, then the active retiree shall qualify for participation in the program upon confirmation that the active retiree participated in the program for at least five (5) cumulative years before retirement and payment of the appropriate premium as determined by the State Board of Finance under subdivision (a)(5) of this section if the active retiree applies for participation in the program within thirty (30) days of the loss of eligibility.

(3) (A) Notwithstanding any other provision to the contrary in this section, a state employee or public school employee who has five (5) cumulative years of participation in the program before retirement and ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continued participation in the program if the state employee or public school employee is separated from employment because of the expiration of a fixed period of employment. (B) (i) A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division. (ii) The election to continue participation in the program shall be made in writing on forms required by the division. (C) (i) Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final. (ii) If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board: (a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; (b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and (c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement. (D) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under subdivision (a)(1)(A) of this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree as determined by the board under subdivision (a)(5) of this section.

(A) Notwithstanding any other provision to the contrary in this section, a state employee or public school employee who has five (5) cumulative years of participation in the program before retirement and ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continued participation in the program if the state employee or public school employee is separated from employment because of the expiration of a fixed period of employment.

(B) (i) A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division. (ii) The election to continue participation in the program shall be made in writing on forms required by the division.

(i) A state employee or public school employee qualifying for continued participation in the program under this subsection shall be considered an inactive retiree and shall have thirty-one (31) days from the effective date of termination to elect to continue participation in the program under this section by notifying the division.

(ii) The election to continue participation in the program shall be made in writing on forms required by the division.

(C) (i) Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final. (ii) If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board: (a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; (b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and (c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement.

(i) Except as provided in subdivision (a)(2)(B)(ii) of this section, an inactive retiree's failure to elect to continue participation in the program during the thirty-day election period or an inactive retiree's election to decline participation in the program is final.

(ii) If an inactive retiree as described in subdivision (a)(3)(B) of this section declines participation in the program because the inactive retiree has health insurance coverage through another employer-sponsored group health plan and the inactive retiree's coverage is subsequently terminated because of a loss of eligibility, then the inactive retiree and any dependents shall qualify for participation in the program if, within thirty (30) days of the inactive retiree's involuntary loss of coverage, the inactive retiree submits to the board: (a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section; (b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and (c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement.

(a) Payment of the appropriate premium as determined by the board under subdivision (a)(5) of this section;

(b) Proof that, until the inactive retiree's involuntary loss of coverage through another employer-sponsored group health plan, the coverage had been continuous; and

(c) Proof that the inactive retiree participated in the program for at least five (5) cumulative years before retirement.

(D) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed under subdivision (a)(1)(A) of this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree as determined by the board under subdivision (a)(5) of this section.

(4) (A) As used in this subsection, "loss of eligibility" means a loss of coverage as a result of: (i) A legal separation; (ii) Divorce; (iii) Death of the insured; (iv) Termination of employment; or (v) A reduction in the number of hours of employment. (B) "Loss of eligibility" does not include: (i) A loss of coverage from a failure to pay premiums on a timely basis; (ii) Voluntary termination of coverage; or (iii) A termination of coverage for cause, such as making a fraudulent claim.

(A) As used in this subsection, "loss of eligibility" means a loss of coverage as a result of: (i) A legal separation; (ii) Divorce; (iii) Death of the insured; (iv) Termination of employment; or (v) A reduction in the number of hours of employment.

(i) A legal separation;

(ii) Divorce;

(iii) Death of the insured;

(iv) Termination of employment; or

(v) A reduction in the number of hours of employment.

(B) "Loss of eligibility" does not include: (i) A loss of coverage from a failure to pay premiums on a timely basis; (ii) Voluntary termination of coverage; or (iii) A termination of coverage for cause, such as making a fraudulent claim.

(i) A loss of coverage from a failure to pay premiums on a timely basis;

(ii) Voluntary termination of coverage; or

(iii) A termination of coverage for cause, such as making a fraudulent claim.

(5) (A) A qualified retiree hired as a new employee or elected as a public official after December 31, 2015, who applies for participation in the program shall pay a premium as determined by the board that includes: (i) If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree; (ii) If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate; (iii) If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and (iv) If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate. (B) (i) A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program. (ii) (a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement. (b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement. (iii) A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program.

(A) A qualified retiree hired as a new employee or elected as a public official after December 31, 2015, who applies for participation in the program shall pay a premium as determined by the board that includes: (i) If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree; (ii) If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate; (iii) If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and (iv) If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate.

(i) If a retiree enrolled in the program within the first three (3) years of employment with a participating entity, an appropriate premium rate for a retiree;

(ii) If a retiree enrolled in the program between the fourth and thirteenth year of employment with a participating entity, an additional five percent (5%) of the premium rate;

(iii) If a retiree enrolled in the program between the fourteenth and twenty-third year of employment with a participating entity, an additional ten percent (10%) of the premium rate; and

(iv) If a retiree enrolled in the program after the twenty-third year of employment with a participating entity, an additional fifteen percent (15%) of the premium rate.

(B) (i) A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program. (ii) (a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement. (b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement. (iii) A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program.

(i) A retiree shall be continuously enrolled in the program if actively employed in a position that is eligible to participate in the program.

(ii) (a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement. (b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement.

(a) A retiree who has a break in enrollment in the program may be considered to be continuously enrolled in the program if the retiree: (1) Applies for participation in the program within thirty-one (31) days of returning to active employment; (2) Is employed in a position that is eligible to participate in the program; and (3) Was a participant in the program for at least five (5) cumulative years before retirement.

(1) Applies for participation in the program within thirty-one (31) days of returning to active employment;

(2) Is employed in a position that is eligible to participate in the program; and

(3) Was a participant in the program for at least five (5) cumulative years before retirement.

(b) If a retiree declines to participate in the program upon returning to active employment under subdivision (a)(5)(B)(ii) (a) of this section, the retiree may participate in the program based on the year of the retiree's most recent enrollment in the program if the retiree has participated in the program for at least five (5) cumulative years before retirement.

(iii) A retiree who declines to participate in the program at the time of retirement is not considered continuously enrolled in the program.

(b) (1) Qualified retirees who draw retirement benefits under the Arkansas Public Employees' Retirement System, the Arkansas Teacher Retirement System, or the Arkansas State Highway Employees' Retirement System and retired contract employees of the Arkansas National Guard who wish to participate in the program shall pay the retiree amount of the premium as determined by the board under subdivision (a)(5) of this section or the cost of the policy issued to the retired participant. (2) (A) The retiree portion of the premium shall be deducted from: (i) The retirement benefit check of the retired participant; or (ii) A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division. (B) If the retirement benefit is to be withheld from a retirement benefit check and the retirement benefit check is not large enough for the premium deduction, the premium shall be paid by monthly bank draft on a designated date prescribed by the division.

(1) Qualified retirees who draw retirement benefits under the Arkansas Public Employees' Retirement System, the Arkansas Teacher Retirement System, or the Arkansas State Highway Employees' Retirement System and retired contract employees of the Arkansas National Guard who wish to participate in the program shall pay the retiree amount of the premium as determined by the board under subdivision (a)(5) of this section or the cost of the policy issued to the retired participant.

(2) (A) The retiree portion of the premium shall be deducted from: (i) The retirement benefit check of the retired participant; or (ii) A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division. (B) If the retirement benefit is to be withheld from a retirement benefit check and the retirement benefit check is not large enough for the premium deduction, the premium shall be paid by monthly bank draft on a designated date prescribed by the division.

(A) The retiree portion of the premium shall be deducted from: (i) The retirement benefit check of the retired participant; or (ii) A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division.

(i) The retirement benefit check of the retired participant; or

(ii) A bank account of the retired participant, to be paid by a monthly bank draft on the date designated by the division.

(B) If the retirement benefit is to be withheld from a retirement benefit check and the retirement benefit check is not large enough for the premium deduction, the premium shall be paid by monthly bank draft on a designated date prescribed by the division.

(c) Members of the Arkansas Public Employees' Retirement System and the Arkansas State Highway Employees' Retirement System who retire before January 2, 1988, under §§ 24-4-732 , 24-5-122 , and 24-6-102 , shall not pay the full amount of the premium but shall pay a portion of the cost of the policy as set forth by §§ 24-4-732 , 24-5-122 , and 24-6-102 .

(d) (1) Except as provided in subdivision (d)(2) of this section, any future change in program participation other than cancellation shall be allowed only for newly acquired dependents. (2) A dependent may be added to a qualified active or inactive retiree's health insurance coverage by payment of the appropriate premium as established by the board if: (A) The active or inactive retiree declined health insurance coverage for the dependent at the time of election to be an active or inactive retiree because the dependent had other employer-sponsored group health insurance coverage; (B) Subsequent to the active or inactive retiree's declination of health insurance coverage for the dependent under subdivision (d)(2)(A) of this section, the dependent involuntarily lost his or her employer-sponsored group health insurance coverage, and the loss of health insurance coverage was not the result of: (i) Fraud; or (ii) Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and (C) Within thirty (30) days of a dependent's involuntary loss of health insurance coverage under subdivision (d)(2)(B) of this section, the active or inactive retiree submits to the board proof that: (i) The dependent involuntarily lost health insurance coverage; (ii) Until the dependent's loss of health insurance coverage, the coverage had been continuous; and (iii) The retiree was a participant in the program for at least five (5) cumulative years before the active or inactive retiree's retirement.

(1) Except as provided in subdivision (d)(2) of this section, any future change in program participation other than cancellation shall be allowed only for newly acquired dependents.

(2) A dependent may be added to a qualified active or inactive retiree's health insurance coverage by payment of the appropriate premium as established by the board if: (A) The active or inactive retiree declined health insurance coverage for the dependent at the time of election to be an active or inactive retiree because the dependent had other employer-sponsored group health insurance coverage; (B) Subsequent to the active or inactive retiree's declination of health insurance coverage for the dependent under subdivision (d)(2)(A) of this section, the dependent involuntarily lost his or her employer-sponsored group health insurance coverage, and the loss of health insurance coverage was not the result of: (i) Fraud; or (ii) Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and (C) Within thirty (30) days of a dependent's involuntary loss of health insurance coverage under subdivision (d)(2)(B) of this section, the active or inactive retiree submits to the board proof that: (i) The dependent involuntarily lost health insurance coverage; (ii) Until the dependent's loss of health insurance coverage, the coverage had been continuous; and (iii) The retiree was a participant in the program for at least five (5) cumulative years before the active or inactive retiree's retirement.

(A) The active or inactive retiree declined health insurance coverage for the dependent at the time of election to be an active or inactive retiree because the dependent had other employer-sponsored group health insurance coverage;

(B) Subsequent to the active or inactive retiree's declination of health insurance coverage for the dependent under subdivision (d)(2)(A) of this section, the dependent involuntarily lost his or her employer-sponsored group health insurance coverage, and the loss of health insurance coverage was not the result of: (i) Fraud; or (ii) Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and

(i) Fraud; or

(ii) Voluntary cessation of premium payment while the active or inactive retiree was covered by a plan option offered under the program; and

(C) Within thirty (30) days of a dependent's involuntary loss of health insurance coverage under subdivision (d)(2)(B) of this section, the active or inactive retiree submits to the board proof that: (i) The dependent involuntarily lost health insurance coverage; (ii) Until the dependent's loss of health insurance coverage, the coverage had been continuous; and (iii) The retiree was a participant in the program for at least five (5) cumulative years before the active or inactive retiree's retirement.

(i) The dependent involuntarily lost health insurance coverage;

(ii) Until the dependent's loss of health insurance coverage, the coverage had been continuous; and

(iii) The retiree was a participant in the program for at least five (5) cumulative years before the active or inactive retiree's retirement.

(e) (1) If a retiree dies and has covered dependents at the time of death, the dependents have the right to continue participation in the program. (2) Dependent children may continue to participate in the program until marriage or until the maximum age limit for a dependent child has been reached. (3) A surviving spouse may continue participation in the program. (4) If a surviving spouse or dependent declines participation in the program or cancels existing participation, then the surviving spouse or dependent has no further privileges under the program.

(1) If a retiree dies and has covered dependents at the time of death, the dependents have the right to continue participation in the program.

(2) Dependent children may continue to participate in the program until marriage or until the maximum age limit for a dependent child has been reached.

(3) A surviving spouse may continue participation in the program.

(4) If a surviving spouse or dependent declines participation in the program or cancels existing participation, then the surviving spouse or dependent has no further privileges under the program.

Amended by Act 2023, No. 107,§ 1, eff. 7/1/2023.

Amended by Act 2022, No. 107,§ 2, eff. 3/1/2022.

Amended by Act 2021, No. 1004,§ 18, eff. 4/28/2021.

Amended by Act 2019, No. 910,§ 6142, eff. 7/1/2019.

Amended by Act 2015, No. 913,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 913,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 913,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 913,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 913,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 364,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 364,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 364,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 364,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 364,§ 1, eff. 7/22/2015.

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

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

Amended by Act 2013, No. 331,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 87,§ 1, eff. 8/16/2013.

Acts 1972 (Ex. Sess.), No. 48, § 13; 1975, No. 575, § 3; 1977, No. 206, § 1; 1983, No. 423, § 4; 1985 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 12-3113; Acts 1987, No. 514, § 1; 1997, No. 1295, § 2; 1999, No. 1280, § 9; 2001, No. 1171, § 1; 2001, No. 1752, §§ 1, 2; 2007, No. 1009, § 9.

Act 2022, No. 107,§ 3 provides that this act does not apply to a public school employee or a state employee who is employed on the effective date of this act.
Ark. Code Ann. § 21-5-707 — AR Code / Title 21 / Chapter 5 / Subchapter 7 / Section 21-5-707
Eligibility of children for death benefits
Status: in_force

(a) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a natural child to be eligible to receive benefits under this subchapter: (1) The natural child must have been born prior to the date of the covered public employee's death or total and permanent disability; or (2) The covered public employee or the covered public employee's spouse must have been pregnant with the natural child at the time of the covered public employee's death or total and permanent disability. (b) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for an adopted child to be eligible to receive benefits under this subchapter: (1) The adopted child must have been adopted prior to the date of the covered public employee's death or total and permanent disability; or (2) The adopted child's adoption process must have begun prior to the date of the covered public employee's death or total and permanent disability. (c) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild under nineteen (19) years of age to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns for each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability. (d) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild nineteen (19) years of age or older to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns in each of the five (5) previous income years; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) previous income years. Acts 1997, No. 547, § 7; 2005, No. 1962, § 101; 2009, No. 1313, § 2.

(a) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a natural child to be eligible to receive benefits under this subchapter: (1) The natural child must have been born prior to the date of the covered public employee's death or total and permanent disability; or (2) The covered public employee or the covered public employee's spouse must have been pregnant with the natural child at the time of the covered public employee's death or total and permanent disability.

(1) The natural child must have been born prior to the date of the covered public employee's death or total and permanent disability; or

(2) The covered public employee or the covered public employee's spouse must have been pregnant with the natural child at the time of the covered public employee's death or total and permanent disability.

(b) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for an adopted child to be eligible to receive benefits under this subchapter: (1) The adopted child must have been adopted prior to the date of the covered public employee's death or total and permanent disability; or (2) The adopted child's adoption process must have begun prior to the date of the covered public employee's death or total and permanent disability.

(1) The adopted child must have been adopted prior to the date of the covered public employee's death or total and permanent disability; or

(2) The adopted child's adoption process must have begun prior to the date of the covered public employee's death or total and permanent disability.

(c) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild under nineteen (19) years of age to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns for each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability.

(1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns for each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability; and

(2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability.

(d) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild nineteen (19) years of age or older to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns in each of the five (5) previous income years; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) previous income years.

(1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns in each of the five (5) previous income years; and

(2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) previous income years.

Acts 1997, No. 547, § 7; 2005, No. 1962, § 101; 2009, No. 1313, § 2.
Ark. Code Ann. § 21-6-412 — AR Code / Title 21 / Chapter 6 / Subchapter 4 / Section 21-6-412
Commissioners to sell property
Status: in_force

(a) (1) Commissioners appointed to make sales of real property under judicial decrees shall be allowed the following fees as compensation for such services: (A) On sales for $ 1.00 to $ 500 ........................................ $10.00 (B) On sales for 500 to 2,500 ........................................ 15.00 (C) On sales for 2,500 to 5,000 ........................................ 20.00 (D) On sales for 5,000 to 10,000 ...................................... 25.00 (E) On sales for 10,000 to 20,000 ...................................... 30.00 (F) On sales for 20,000 to 35,000 ...................................... 35.00 (G) On sales for 35,000 or more, one-tenth of one percent (0.1%). (2) Commissioners appointed to make sales of personal property under judicial decrees shall be allowed as compensation for such services the fee prescribed by the judge of the court that issued the decree. (b) In lieu of the fees provided for in this section, the court may set reasonable fees for commissioners based upon services rendered on sales under thirty-five thousand dollars ($35,000). (c) (1) (A) If the circuit clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the circuit clerk's office under this section shall be: (i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and (ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk. (B) Moneys deposited into the fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the circuit clerk. (2) (A) If the county clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk's office under this section shall be: (i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and (ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk. (B) Moneys deposited into the county clerk commissioner's fee fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county clerk. Amended by Act 2015, No. 159,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 291,§ 1, eff. 8/16/2013. Acts 1875, No. 77, § 52, p. 167; 1917, No. 251, § 1, p. 1324; C. & M. Dig., §§ 4581, 4582; Pope's Dig., §§ 5666, 5667; A.S.A. 1947, §§ 12-1712, 12-1713; Acts 1989, No. 32, § 1; 1989, No. 751, § 1; 1995, No. 1296, § 79; 2003, No. 1740, § 1.

(a) (1) Commissioners appointed to make sales of real property under judicial decrees shall be allowed the following fees as compensation for such services: (A) On sales for $ 1.00 to $ 500 ........................................ $10.00 (B) On sales for 500 to 2,500 ........................................ 15.00 (C) On sales for 2,500 to 5,000 ........................................ 20.00 (D) On sales for 5,000 to 10,000 ...................................... 25.00 (E) On sales for 10,000 to 20,000 ...................................... 30.00 (F) On sales for 20,000 to 35,000 ...................................... 35.00 (G) On sales for 35,000 or more, one-tenth of one percent (0.1%). (2) Commissioners appointed to make sales of personal property under judicial decrees shall be allowed as compensation for such services the fee prescribed by the judge of the court that issued the decree.

(1) Commissioners appointed to make sales of real property under judicial decrees shall be allowed the following fees as compensation for such services: (A) On sales for $ 1.00 to $ 500 ........................................ $10.00 (B) On sales for 500 to 2,500 ........................................ 15.00 (C) On sales for 2,500 to 5,000 ........................................ 20.00 (D) On sales for 5,000 to 10,000 ...................................... 25.00 (E) On sales for 10,000 to 20,000 ...................................... 30.00 (F) On sales for 20,000 to 35,000 ...................................... 35.00 (G) On sales for 35,000 or more, one-tenth of one percent (0.1%).

(A) On sales for $ 1.00 to $ 500 ........................................ $10.00 (B) On sales for 500 to 2,500 ........................................ 15.00 (C) On sales for 2,500 to 5,000 ........................................ 20.00 (D) On sales for 5,000 to 10,000 ...................................... 25.00 (E) On sales for 10,000 to 20,000 ...................................... 30.00 (F) On sales for 20,000 to 35,000 ...................................... 35.00 (G) On sales for 35,000 or more, one-tenth of one percent (0.1%).

(A) On sales for

$ 1.00

to $ 500 ........................................

$10.00

(B) On sales for

500

to 2,500 ........................................

15.00

(C) On sales for

2,500

to 5,000 ........................................

20.00

(D) On sales for

5,000

to 10,000 ......................................

25.00

(E) On sales for

10,000

to 20,000 ......................................

30.00

(F) On sales for

20,000

to 35,000 ......................................

35.00

(G) On sales for

35,000 or more, one-tenth of one percent (0.1%).

(2) Commissioners appointed to make sales of personal property under judicial decrees shall be allowed as compensation for such services the fee prescribed by the judge of the court that issued the decree.

(b) In lieu of the fees provided for in this section, the court may set reasonable fees for commissioners based upon services rendered on sales under thirty-five thousand dollars ($35,000).

(c) (1) (A) If the circuit clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the circuit clerk's office under this section shall be: (i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and (ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk. (B) Moneys deposited into the fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the circuit clerk. (2) (A) If the county clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk's office under this section shall be: (i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and (ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk. (B) Moneys deposited into the county clerk commissioner's fee fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county clerk.

(1) (A) If the circuit clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the circuit clerk's office under this section shall be: (i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and (ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk. (B) Moneys deposited into the fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the circuit clerk.

(A) If the circuit clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the circuit clerk's office under this section shall be: (i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and (ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk.

(i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and

(ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk.

(a) To offset administrative costs associated with the performance of the commissioner's duties; and

(b) For general operational expenses of the office of circuit clerk.

(B) Moneys deposited into the fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the circuit clerk.

(2) (A) If the county clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk's office under this section shall be: (i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and (ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk. (B) Moneys deposited into the county clerk commissioner's fee fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county clerk.

(A) If the county clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk's office under this section shall be: (i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and (ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk.

(i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and

(ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk.

(a) To offset administrative costs associated with the performance of the commissioner's duties; and

(b) For general operational expenses of the office of county clerk.

(B) Moneys deposited into the county clerk commissioner's fee fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county clerk.

Amended by Act 2015, No. 159,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 291,§ 1, eff. 8/16/2013.

Acts 1875, No. 77, § 52, p. 167; 1917, No. 251, § 1, p. 1324; C. & M. Dig., §§ 4581, 4582; Pope's Dig., §§ 5666, 5667; A.S.A. 1947, §§ 12-1712, 12-1713; Acts 1989, No. 32, § 1; 1989, No. 751, § 1; 1995, No. 1296, § 79; 2003, No. 1740, § 1.
Ark. Code Ann. § 21-1-403 — AR Code / Title 21 / Chapter 1 / Subchapter 4 / Section 21-1-403
Restrictions on lease agreements, contracts, and grants
Status: in_force

(a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless: (1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative: (A) Determination of specifications for the bid or request for proposal; (B) Evaluation or consideration of the bid or request for proposal; or (C) Decision to accept the bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor. (b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer: (1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, receives prior approval from: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor. (c) (1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 - 19-11-1011 . (2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 - 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions. (d) The restrictions of subsections (a) and (b) of this section also apply to spouses of constitutional officers and to any corporation, limited liability company, partnership, or any other legal entity of which a constitutional officer or the constitutional officer's spouse has an ownership interest of at least ten percent (10%). (e) If a constitutional officer, a constitutional officer's spouse, or an entity listed in subsection (d) of this section becomes the recipient of a grant, contract, or lease through competitive bidding or a request for proposal, the awarding state agency shall give written notice of the selection of the constitutional officer, constitutional officer's spouse, or entity to: (1) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (2) The Governor. (f) Grants, contracts, and leases entered into prior to the person's becoming a constitutional officer are not subject to the provisions of this section, but renewals and extensions of those grants, contracts, and leases are subject to the provisions of this section. Acts 1999, No. 34, § 3; 2003, No. 1315, § 14.

(a) No constitutional officer may enter into any lease agreement, contract, or grant with any state agency unless: (1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative: (A) Determination of specifications for the bid or request for proposal; (B) Evaluation or consideration of the bid or request for proposal; or (C) Decision to accept the bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor.

(1) The lease agreement, contract, or grant is awarded as a result of competitive bidding or a request for proposal and the constitutional officer played no role, directly or indirectly, in the administrative: (A) Determination of specifications for the bid or request for proposal; (B) Evaluation or consideration of the bid or request for proposal; or (C) Decision to accept the bid or request for proposal; or

(A) Determination of specifications for the bid or request for proposal;

(B) Evaluation or consideration of the bid or request for proposal; or

(C) Decision to accept the bid or request for proposal; or

(2) If competitive bidding or a request for proposal was not required by law, the lease agreement, contract, or grant has received the prior approval of: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor.

(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and

(B) The Governor.

(b) No constitutional officer may receive any subgrant, subcontract, or assignment of any lease with a state agency unless the constitutional officer: (1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or (2) If competitive bidding or a request for proposal was not required by law, receives prior approval from: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor.

(1) Is disclosed as a subgrantee or subcontractor in the competitive bid or request for proposal; or

(2) If competitive bidding or a request for proposal was not required by law, receives prior approval from: (A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (B) The Governor.

(A) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and

(B) The Governor.

(c) (1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 - 19-11-1011 . (2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 - 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.

(1) Constitutional officers shall not enter into professional and consultant services contracts with state agencies subject to §§ 19-11-1001 - 19-11-1011 .

(2) Any professional and consultant services contracts obtained by constitutional officers or their spouses with any state agency exempt from §§ 19-11-1001 - 19-11-1011 must receive prior review of the Joint Budget Committee during legislative sessions and the Legislative Council between legislative sessions.

(d) The restrictions of subsections (a) and (b) of this section also apply to spouses of constitutional officers and to any corporation, limited liability company, partnership, or any other legal entity of which a constitutional officer or the constitutional officer's spouse has an ownership interest of at least ten percent (10%).

(e) If a constitutional officer, a constitutional officer's spouse, or an entity listed in subsection (d) of this section becomes the recipient of a grant, contract, or lease through competitive bidding or a request for proposal, the awarding state agency shall give written notice of the selection of the constitutional officer, constitutional officer's spouse, or entity to: (1) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and (2) The Governor.

(1) The Joint Budget Committee during legislative sessions or the Legislative Council between legislative sessions; and

(2) The Governor.

(f) Grants, contracts, and leases entered into prior to the person's becoming a constitutional officer are not subject to the provisions of this section, but renewals and extensions of those grants, contracts, and leases are subject to the provisions of this section.

Acts 1999, No. 34, § 3; 2003, No. 1315, § 14.
Ark. Code Ann. § 21-14-302 — AR Code / Title 21 / Chapter 14 / Subchapter 3 / Section 21-14-302
Definitions
Status: in_force

As used in this subchapter: (1) "Communication technology" means an electronic device or process that: (A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment; (2) "Credential analysis" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources; (3) "Credible witness" means an individual appearing before an online notary public by means of communication technology who identifies the principal and: (A) Is personally known to the online notary public; or (B) Can be identified by the online notary public on the basis of remote presentation by the individual of a government-issued identification credential, including without limitation a passport or state-issued driver's license, that contains the signature and a photograph of the individual; (4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (5) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means; (6) (A) "Electronic notarial act" means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State. (B) "Electronic notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; (v) Certifying or attesting a copy; and (vi) Noting a protest of a negotiable instrument; (7) "Electronic notarial certificate" means the portion of a notarized electronic document that: (A) Is completed by the notary public; (B) Bears the following of the notary public: (i) Signature or official electronic seal; (ii) Official title; (iii) Commission number; (iv) Commission expiration date; and (v) All required information regarding the date and place of the electronic notarial act; and (C) States the facts attested to or certified by the notary public in an electronic notarization; (8) "Electronic notary public" means a notary public who has registered with the Secretary of State and possesses the capability of performing electronic notarial acts and online notarial acts; (9) "Electronic notary seal" or "official electronic seal" means information within a notarized document that includes: (A) The following information about the notary public: (i) Name; (ii) Jurisdiction of appointment; (iii) Commission number; and (iv) Commission expiration date; and (B) Information that generally corresponds to dates in notary public seals utilized on paper documents under § 21-14-107 ; (10) "Electronic signature" means an electronic sound, symbol, or process attached to an electronic document and executed or adopted by a person with the intent to sign the electronic document; (11) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe; (12) "Identity proofing" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources; (13) "Non-repudiation" means the inability of the signer of an electronic document to deny his or her electronic signature without a factual basis; (14) "Notary public electronic signature" means the forms of electronic signatures that have been approved by the Secretary of State as an acceptable means for an electronic notary to affix his or her official signature to an electronic record that is being notarized; (15) (A) "Online notarial act" means a notarial act performed by means of communication technology. (B) "Online notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; and (v) Certifying or attesting a copy; (16) "Online notary public" means an electronic notary public who has been authorized by the Secretary of State to perform online notarial acts; (17) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States; (18) "Physical proximity" means the principal and the notary public are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine; (19) "Principal" means an individual: (A) Whose electronic signature is notarized through an online notarization; or (B) Taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; (20) "Registration" or "register" means a separate commission to perform electronic notarial acts under the laws of this state; (21) "Remote presentation" means a transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) Identify the individual seeking the online notary public's services; and (B) Perform credential analysis; (22) "Remotely located individual" means an individual who is not within physical proximity to a notary public; (23) "Solution provider" means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarial acts or online notarial acts or solutions to duly commissioned electronic notaries public; (24) "Tamper-evident" means any changes to an electronic document that display evidence of the change; (25) "Traditional notary public" means a person commissioned by the Secretary of State to perform notarial acts under this chapter; and (26) "Unique to the electronic notary public" or "under the sole control" means the device or system the notary uses to sign and seal the document that is accessible only by the notary, attributed to the notary, and not any other person or entity. Amended by Act 2021, No. 1047,§ 4, eff. 4/29/2021. Amended by Act 2021, No. 1047,§ 3, eff. 4/29/2021. Amended by Act 2021, No. 1047,§ 2, eff. 4/29/2021. Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Communication technology" means an electronic device or process that: (A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment;

(A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(B) If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment;

(2) "Credential analysis" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;

(3) "Credible witness" means an individual appearing before an online notary public by means of communication technology who identifies the principal and: (A) Is personally known to the online notary public; or (B) Can be identified by the online notary public on the basis of remote presentation by the individual of a government-issued identification credential, including without limitation a passport or state-issued driver's license, that contains the signature and a photograph of the individual;

(A) Is personally known to the online notary public; or

(B) Can be identified by the online notary public on the basis of remote presentation by the individual of a government-issued identification credential, including without limitation a passport or state-issued driver's license, that contains the signature and a photograph of the individual;

(4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(5) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means;

(6) (A) "Electronic notarial act" means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State. (B) "Electronic notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; (v) Certifying or attesting a copy; and (vi) Noting a protest of a negotiable instrument;

(A) "Electronic notarial act" means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State.

(B) "Electronic notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; (v) Certifying or attesting a copy; and (vi) Noting a protest of a negotiable instrument;

(i) Taking an acknowledgment;

(ii) Administering an oath or affirmation;

(iii) Taking a verification on oath or affirmation;

(iv) Witnessing or attesting a signature;

(v) Certifying or attesting a copy; and

(vi) Noting a protest of a negotiable instrument;

(7) "Electronic notarial certificate" means the portion of a notarized electronic document that: (A) Is completed by the notary public; (B) Bears the following of the notary public: (i) Signature or official electronic seal; (ii) Official title; (iii) Commission number; (iv) Commission expiration date; and (v) All required information regarding the date and place of the electronic notarial act; and (C) States the facts attested to or certified by the notary public in an electronic notarization;

(A) Is completed by the notary public;

(B) Bears the following of the notary public: (i) Signature or official electronic seal; (ii) Official title; (iii) Commission number; (iv) Commission expiration date; and (v) All required information regarding the date and place of the electronic notarial act; and

(i) Signature or official electronic seal;

(ii) Official title;

(iii) Commission number;

(iv) Commission expiration date; and

(v) All required information regarding the date and place of the electronic notarial act; and

(C) States the facts attested to or certified by the notary public in an electronic notarization;

(8) "Electronic notary public" means a notary public who has registered with the Secretary of State and possesses the capability of performing electronic notarial acts and online notarial acts;

(9) "Electronic notary seal" or "official electronic seal" means information within a notarized document that includes: (A) The following information about the notary public: (i) Name; (ii) Jurisdiction of appointment; (iii) Commission number; and (iv) Commission expiration date; and (B) Information that generally corresponds to dates in notary public seals utilized on paper documents under § 21-14-107 ;

(A) The following information about the notary public: (i) Name; (ii) Jurisdiction of appointment; (iii) Commission number; and (iv) Commission expiration date; and

(i) Name;

(ii) Jurisdiction of appointment;

(iii) Commission number; and

(iv) Commission expiration date; and

(B) Information that generally corresponds to dates in notary public seals utilized on paper documents under § 21-14-107 ;

(10) "Electronic signature" means an electronic sound, symbol, or process attached to an electronic document and executed or adopted by a person with the intent to sign the electronic document;

(11) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe;

(12) "Identity proofing" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources;

(13) "Non-repudiation" means the inability of the signer of an electronic document to deny his or her electronic signature without a factual basis;

(14) "Notary public electronic signature" means the forms of electronic signatures that have been approved by the Secretary of State as an acceptable means for an electronic notary to affix his or her official signature to an electronic record that is being notarized;

(15) (A) "Online notarial act" means a notarial act performed by means of communication technology. (B) "Online notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; and (v) Certifying or attesting a copy;

(A) "Online notarial act" means a notarial act performed by means of communication technology.

(B) "Online notarial act" includes: (i) Taking an acknowledgment; (ii) Administering an oath or affirmation; (iii) Taking a verification on oath or affirmation; (iv) Witnessing or attesting a signature; and (v) Certifying or attesting a copy;

(i) Taking an acknowledgment;

(ii) Administering an oath or affirmation;

(iii) Taking a verification on oath or affirmation;

(iv) Witnessing or attesting a signature; and

(v) Certifying or attesting a copy;

(16) "Online notary public" means an electronic notary public who has been authorized by the Secretary of State to perform online notarial acts;

(17) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States;

(18) "Physical proximity" means the principal and the notary public are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine;

(19) "Principal" means an individual: (A) Whose electronic signature is notarized through an online notarization; or (B) Taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization;

(A) Whose electronic signature is notarized through an online notarization; or

(B) Taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization;

(20) "Registration" or "register" means a separate commission to perform electronic notarial acts under the laws of this state;

(21) "Remote presentation" means a transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) Identify the individual seeking the online notary public's services; and (B) Perform credential analysis;

(A) Identify the individual seeking the online notary public's services; and

(B) Perform credential analysis;

(22) "Remotely located individual" means an individual who is not within physical proximity to a notary public;

(23) "Solution provider" means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarial acts or online notarial acts or solutions to duly commissioned electronic notaries public;

(24) "Tamper-evident" means any changes to an electronic document that display evidence of the change;

(25) "Traditional notary public" means a person commissioned by the Secretary of State to perform notarial acts under this chapter; and

(26) "Unique to the electronic notary public" or "under the sole control" means the device or system the notary uses to sign and seal the document that is accessible only by the notary, attributed to the notary, and not any other person or entity.

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

Amended by Act 2021, No. 1047,§ 3, eff. 4/29/2021.

Amended by Act 2021, No. 1047,§ 2, eff. 4/29/2021.

Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 21-3-302 — AR Code / Title 21 / Chapter 3 / Subchapter 3 / Section 21-3-302
Veterans Preference Law - Definition
Status: in_force

(a) This section shall be entitled the "Veterans Preference Law". (b) For purposes of this section, "veteran" means: (1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or (2) Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not. (c) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903 , shall provide a veterans preference in interviewing and hiring to an applicant if the applicant: (1) Indicates on the employment application that he or she is: (A) A veteran; (B) A disabled veteran; or (C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made; (2) Is a citizen and resident of this state; and (3) Meets substantially equal qualifications of other applicants. (d) (1) (A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (2) (A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position. (B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position. (3) (A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (4) This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq. (e) The qualified veteran's status shall be considered on questions of promotion and retention of employees according to § 21-3-304 . (f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order: (1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; (2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and (3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points. (g) The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that the age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied. (h) This section does not apply to an elected official or political appointee in: (1) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) A school district as defined under § 6-20-1903 ; or (3) The administrative assistant or secretary of an elected official or political appointee. Amended by Act 2013, No. 444,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 444,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 474,§ 1, eff. 8/16/2013. Acts 1981, No. 527, §§ 1-4; A.S.A. 1947, §§ 12-2322.1 -- 12-2322.4; Acts 1995, No. 40, § 1; 2003, No. 653, § 1.

(a) This section shall be entitled the "Veterans Preference Law".

(b) For purposes of this section, "veteran" means: (1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or (2) Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not.

(1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the United States Armed Forces; or

(2) Any person who has served honorably in the National Guard or a reserve component of the United States Armed Forces for a period of at least six (6) years, whether the person has retired or been discharged or not.

(c) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., or a school district as defined under § 6-20-1903 , shall provide a veterans preference in interviewing and hiring to an applicant if the applicant: (1) Indicates on the employment application that he or she is: (A) A veteran; (B) A disabled veteran; or (C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made; (2) Is a citizen and resident of this state; and (3) Meets substantially equal qualifications of other applicants.

(1) Indicates on the employment application that he or she is: (A) A veteran; (B) A disabled veteran; or (C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made;

(A) A veteran;

(B) A disabled veteran; or

(C) The surviving spouse of a deceased veteran who is unmarried at the time of application for employment and remains unmarried until the decision to hire is made;

(2) Is a citizen and resident of this state; and

(3) Meets substantially equal qualifications of other applicants.

(d) (1) (A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (2) (A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position. (B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position. (3) (A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score. (4) This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) (A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.

(A) If an examination, evaluation, or similar instrument is given to establish a list of qualified candidates to be interviewed for a position at a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., and an applicant entitled to a veterans preference under this section attains a passing grade, the applicant shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring.

(B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.

(2) (A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position. (B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position.

(A) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority shall demonstrate how veterans preference was applied in developing a list of qualified candidates to be interviewed and in selecting the successful candidate for the position.

(B) If the selection authority used a scoring method other than numerical scoring, at the veteran's request the selection authority shall provide all documentation to the veteran to demonstrate to the veteran how the veterans preference was used to: (i) Develop a list of qualified candidates to be interviewed; and (ii) Select the successful candidate for the position.

(i) Develop a list of qualified candidates to be interviewed; and

(ii) Select the successful candidate for the position.

(3) (A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument. (B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.

(A) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability, or a veteran who is over fifty-five (55) years of age, disabled, and entitled to a pension or compensation under existing laws, or the spouse of a veteran with a service-connected disability whose disability disqualifies him or her for selection shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument.

(B) If a veteran is not selected for a position for which the successful candidate was selected based on a numerical score, at the veteran's request the selection authority shall provide the veteran with his or her base score, adjusted score, and the successful candidate's score.

(4) This subsection does not require the selection authority to provide the veteran with testing materials or any other information concerning the successful candidate or other applicants that is not authorized for release under this subsection or authorized for release to the public under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(e) The qualified veteran's status shall be considered on questions of promotion and retention of employees according to § 21-3-304 .

(f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order: (1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; (2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and (3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points.

(1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points;

(2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and

(3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points.

(g) The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that the age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied.

(h) This section does not apply to an elected official or political appointee in: (1) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.; (2) A school district as defined under § 6-20-1903 ; or (3) The administrative assistant or secretary of an elected official or political appointee.

(1) A state agency or institution of higher education subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq.;

(2) A school district as defined under § 6-20-1903 ; or

(3) The administrative assistant or secretary of an elected official or political appointee.

Amended by Act 2013, No. 444,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 444,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 474,§ 1, eff. 8/16/2013.

Acts 1981, No. 527, §§ 1-4; A.S.A. 1947, §§ 12-2322.1 -- 12-2322.4; Acts 1995, No. 40, § 1; 2003, No. 653, § 1.