reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 4 - DELIVERY OF RECORDS TO SUCCESSOR (§§ 21-12-401 — 21-12-407) › Section 21-12-403 - Issuance of warrant to seize and deliver records

If any person whose office has become vacant, or his or her executor or administrator shall fail to deliver any record, book, or paper to the person entitled to them, any judge of the Supreme Court or circuit court, upon the affidavit of any creditable person, setting forth the facts, may issue a warrant directed to some sheriff or coroner, commanding him or her to seize all the records, books, and papers appertaining to the office, and deliver them to the proper officer, who shall be named in the warrant.
Rev. Stat., ch. 121, § 4; C. & M. Dig., § 8335; Pope's Dig., § 10931; A.S.A. 1947, § 12-2004.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 4 - DELIVERY OF RECORDS TO SUCCESSOR (§§ 21-12-401 — 21-12-407) › Section 21-12-404 - Notice of application for warrant

If any person shall hold over or refuse to deliver such records, books, or papers, he or she shall first have notice of the time and place of the application for a warrant to show cause, if any, why the warrant under §
21-12-403
should not be issued.
Rev. Stat., ch. 121, § 5; C. & M. Dig., § 8336; Pope's Dig., § 10932; A.S.A. 1947, § 12-2005.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 4 - DELIVERY OF RECORDS TO SUCCESSOR (§§ 21-12-401 — 21-12-407) › Section 21-12-405 - Power of officer executing warrant

The officer executing the warrant issued under §
21-12-403
may break open any doors or other places in which any records, books, or papers named in the warrant may be, or in which he or she may suspect them to be, and may arrest any person who shall resist the execution of the warrant and bring him or her before a judge or justice of the peace for obstructing the execution of process.
Rev. Stat., ch. 121, § 6; C. & M. Dig., § 8337; Pope's Dig., § 10933; A.S.A. 1947, § 12-2006.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 4 - DELIVERY OF RECORDS TO SUCCESSOR (§§ 21-12-401 — 21-12-407) › Section 21-12-406 - Failure to execute warrant - Recovery

If an officer receives a warrant issued under §
21-12-403
and fails to execute or return the warrant, the officer shall be liable to the county in a civil action for an amount between one hundred dollars ($100) and five hundred dollars ($500).
Rev. Stat., ch. 121, § 7; C. & M. Dig., § 8338; Pope's Dig., § 10934; A.S.A. 1947, § 12-2007; Acts 2005, No. 1994, § 473.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 4 - DELIVERY OF RECORDS TO SUCCESSOR (§§ 21-12-401 — 21-12-407) › Section 21-12-407 - Remedy of person aggrieved by warrant

(a)
Any person aggrieved by a warrant issued under §
21-12-403
may apply to any judge of the Supreme Court or circuit court, who, upon the affidavit of the applicant that injustice has been done or is about to be done by such warrant, shall issue a citation to all persons interested, commanding them to appear before him or her at a time and place named in the citation, which shall be served by the sheriff or coroner.
(b)
The judge issuing the citation shall have power to enforce obedience by attachment. The judge shall proceed in a summary manner, determine according to right and justice, and may issue his or her warrant for the restoration of any books, records, or papers found to have been improperly seized.
Rev. Stat., ch. 121, §§ 8, 9; C. & M. Dig., §§ 8339, 8340; Pope's Dig., §§ 10935, 10936; A.S.A. 1947, §§ 12-2008, 12-2009.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 5 - PRIVATIZATION OF STATE EMPLOYEE FUNCTIONS (§§ 21-12-501 — 21-12-504) › Section 21-12-501 - Intent

It is the intent of this subchapter to require state agencies, institutions, boards, and commissions to provide notice to the Legislative Council and the Office of Personnel Management of impending layoffs of state employees due to privatization.
Acts 1999, No. 17, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 5 - PRIVATIZATION OF STATE EMPLOYEE FUNCTIONS (§§ 21-12-501 — 21-12-504) › Section 21-12-502 - State agencies required to report privatization of a function

(a)
(1)
Any state agency, institution, board, or commission which privatizes a function previously performed by state employees shall file a report as soon as possible with the Legislative Council and the Office of Personnel Management.
(2)
The report shall include the job titles, grades, and position numbers which were eliminated by privatization.
(3)
The report shall also explain how the determination was made as to which employees were terminated and give the effective date of termination.
(b)
The agency, institution, board, or commission shall not fill the positions of the state employees terminated due to privatization.
Acts 1999, No. 17, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 5 - PRIVATIZATION OF STATE EMPLOYEE FUNCTIONS (§§ 21-12-501 — 21-12-504) › Section 21-12-503 - Eliminated positions to be removed from budget

The Office of Personnel Management and the Bureau of Legislative Research shall ensure that the eliminated positions are removed from the agency, institution, board, or commission budget for the next biennium.
Acts 1999, No. 17, § 3.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 12 - TERMINATION OF SERVICE (§§ 21-12-101 — 21-12-504) › Subchapter 5 - PRIVATIZATION OF STATE EMPLOYEE FUNCTIONS (§§ 21-12-501 — 21-12-504) › Section 21-12-504 - State agencies required to report impending layoffs of state employees

(a)
Any state agency, board, or commission that announces a layoff of state employees shall file a report as soon as possible with the Legislative Council and the Office of Personnel Management.
(b)
The report shall include the job titles and programs involved in the impending layoff.
(c)
It is the responsibility of the office and the Bureau of Legislative Research to ensure that the eliminated positions are removed from the agency's, institution's, board's, or commission's budget for the next biennium.
(d)
This section does not apply to institutions of higher education.
Acts 2003, No. 1212, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-101 - Title

This chapter may be cited as the "State and Local Government Volunteers Act".
Acts 1981, No. 42, § 1; A.S.A. 1947, § 12-3701.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-102 - Legislative intent

(a)
Since the spirit of volunteerism has long animated generations of citizens of this state and throughout the nation to give of their time and abilities to help others, the State of Arkansas would be wise to make use of volunteers in state and local agencies whenever possible.
(b)
Effective use of volunteers in state service, however, requires that state and local agencies be provided guidelines for the development of volunteer programs and the utilization of volunteers.
(c)
The General Assembly intends by this chapter to assure that the people of Arkansas may derive optimal benefit from volunteers and that the time and talents of volunteers in state and local service may be put to the best use.
Acts 1981, No. 42, § 1; A.S.A. 1947, § 12-3701.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-103 - Definitions

As used in this chapter:
(1)
"Department" means all agencies, departments, institutions, and divisions of state government and agencies under the jurisdiction or supervision of the State of Arkansas or of any political subdivision or school district in this state;
(2)
"Material donor" means any person who, without financial gain, provides funds, materials, employment, or opportunities to clients of agencies, instrumentalities, political subdivisions, or school districts of the State of Arkansas;
(3)
"Occasional-service volunteer" means any person who provides a one-time or occasional volunteer service;
(4)
"Regular-service volunteer" means any person engaged in specific volunteer service activities on an ongoing or continuing basis; and
(5)
"Volunteer" means any person who, of his or her own free will, provides goods or services without any financial gain to any agency, instrumentality, political subdivision, or school district of the State of Arkansas.
Acts 1981, No. 42, § 2; A.S.A. 1947, § 12-3702.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-104 - No legal claim created - Exceptions

Nothing in this chapter shall be deemed to provide a lawful claim or right of volunteers for meals, lodging, transportation, or liability insurance coverage, unless each of the respective departments has:
(1)
Made provision for such benefits;
(2)
Established appropriate safeguards for eligibility for the benefits; and
(3)
Determined that sufficient funds are available to the department to defray the cost of the benefits.
Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-105 - Development of programs - Use of volunteers

(a)
Every department, through its executive head, may develop volunteer programs and accept the services of volunteers, including regular-service volunteers, occasional-service volunteers, or material donors to assist in programs carried out or administered by that department.
(b)
Each department that utilizes the services of volunteers may:
(1)
Enlist the services of the Department of Human Services to assist in the development of volunteer programs;
(2)
Take actions as are necessary and appropriate to develop meaningful opportunities for volunteers involved in those programs and to improve public services;
(3)
Develop written rules governing recruitment, training, screening, responsibility, utilization, and supervision of volunteers;
(4)
Take action as is necessary to ensure that volunteer and paid staff of each department understand their respective duties and responsibilities, their relationship to each other, and their respective roles in fulfilling the objectives of their department;
(5)
Take actions as are necessary and appropriate to assure a receptive climate to attract citizen volunteers; and
(6)
Provide for the recognition of volunteers who have offered exceptional service to the state, its political subdivisions, or school districts.
Amended by Act 2017, No. 913,§ 3, eff. 8/1/2017.
Acts 1981, No. 42, §§ 3, 4; A.S.A. 1947, §§ 12-3703, 12-3704; Acts 2011, No. 42, § 3.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-106 - Exemption from employment laws

(a)
Volunteers recruited, trained, or accepted by any department shall, to the extent of their volunteer service, be exempted from all provisions of law relative to state employment, hours of work, return or compensation, leave time, and employee benefits.
(b)
Volunteers shall, however, at all times comply with applicable work rules.
Acts 1981, No. 42, § 3; A.S.A. 1947, § 12-3703.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-107 - Meals, lodging, and transportation

(a)
(1)
Every department that utilizes the services of volunteers is authorized to provide volunteers with incidental reimbursements as are consistent with allowances authorized by law for reimbursement for state or local employees.
(2)
Such reimbursements include transportation costs, lodging, and subsistence, as the department deems appropriate, to assist volunteers in performing their duties, provided that sufficient funds are available.
(b)
(1)
(A)
Departments may furnish meals without charge to regular-service volunteers, provided that the scheduled work assignments of such volunteers extend over an established meal period.
(B)
Meals may be furnished without charge to occasional-service volunteers at the discretion of the department's executive head.
(2)
Lodging, if available, may be provided temporarily at no charge to regular-service volunteers, at the discretion of each department.
(3)
(A)
(i)
Transportation reimbursement may be furnished to those volunteers whose presence is determined to be necessary to the department.
(ii)
Rates or amounts of such reimbursement shall not exceed the allowances provided under applicable state travel rules for state departments or under applicable travel rules with respect to volunteer services rendered departments of political subdivisions and school districts.
(B)
Volunteers may utilize department vehicles in the performance of their duties, subject to the rules governing use of state vehicles by paid staff.
Amended by Act 2019, No. 315,§ 2336, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2335, eff. 7/24/2019.
Acts 1981, No. 42, §§ 3, 5; A.S.A. 1947, §§ 12-3703, 12-3705.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-108 - Liability insurance - Sovereign immunity

(a)
Liability insurance may be provided by the department utilizing volunteer services, both to regular-service and occasional-service volunteers, to the same extent as may be provided by the department to its paid staff.
(b)
Volunteers in state service shall enjoy the protection of the state's sovereign immunity to the same extent as paid staff.
Acts 1981, No. 42, § 5; A.S.A. 1947, § 12-3705; Acts 2005, No. 1962, § 103.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-109 - Employment experience

(a)
Each department that utilizes the services of volunteers may recognize prior volunteer service as partial fulfillment of state employment requirements for training and experience established under applicable personnel rules.
(b)
The Department of Finance and Administration and the personnel administrators of the respective departments shall make provision for the listing of volunteer service and experience on all future personnel forms and other records kept in the future, reflecting work history so that appropriate credit may be given in evaluating work history and in making position evaluations.
Amended by Act 2019, No. 315,§ 2337, eff. 7/24/2019.
Acts 1981, No. 42, § 4; A.S.A. 1947, § 12-3704.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-110 - Department reports or records

Each department shall include in its annual report, or shall maintain in its files, information which may be developed and maintained by volunteers relating to:
(1)
The total number, location, and duties of all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors;
(2)
The total number of annual hours of service provided to the department by all volunteers, including regular-service volunteers, occasional-service volunteers, and material donors; and
(3)
Reimbursements made to volunteers or material donors for expenses, transportation, or other costs incurred in connection with volunteer services, and such other records as may be required, for tax purposes, to authenticate services rendered and expenses incurred by volunteers or material donors for which reimbursement has not been made.
Acts 1981, No. 42, § 6; A.S.A. 1947, § 12-3706.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 13 - STATE AND LOCAL GOVERNMENT VOLUNTEERS ACT (§§ 21-13-101 — 21-13-111) › Section 21-13-111 - State income tax deductions - Definition

(a)
In computing net income for the purpose of the Arkansas income tax levied by §
26-51-201
, there shall be allowed as deductions, in addition to all other deductions allowed by law:
(1)
(A)
A deduction for mileage for necessary travel in connection with voluntary service to a department, at the rate provided by law or appropriate travel rule applicable to travel made by paid employees of a department for a volunteer who uses his or her personal motor vehicles for official travel, for which the volunteer has not received reimbursement from public funds; and
(B)
A deduction for unreimbursed meals, lodging, and transportation other than mileage as noted above, or other out-of-pocket expenses incurred by the volunteer in voluntary service to a department for which he or she has not received reimbursement from public funds, but which would be reimbursable if incurred by paid employees of a department acting within the scope of their employment; and
(2)
(A)
A deduction for mileage traveled in the use of a personal motor vehicle and for expenses incurred for meals, lodging, and transportation expenses other than mileage, and other out-of-pocket expenses incurred by a volunteer for volunteer work for a charitable organization for which reimbursement has not been received shall be allowed in the same amount and for the same purposes as now allowed under the state income tax laws applicable to business expenses.
(B)
As used in this subdivision (a)(2), "charitable organization" shall include, in addition to a department, any private nonprofit corporation, association, or group which is recognized by the laws of this state as performing a nonprofit charitable purpose benefiting citizens of this state.
(b)
It is the purpose and intent of this section that deduction for expenses incurred by volunteers in connection with the performance of voluntary services for charitable organizations in this state and for public agencies and departments as authorized in this chapter shall be deductible in computing net income under the Arkansas individual income tax law, for the same purposes and in the same manner as now provided by the state income tax law applicable to business expenses in computing net income for state income tax purposes.
Amended by Act 2019, No. 315,§ 2338, eff. 7/24/2019.
Acts 1981, No. 42, § 7; A.S.A. 1947, § 12-3707.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-102 - Change of residence

(a)
(1)
Upon receiving notification of a change of residency, the Secretary of State shall transfer a notary public's appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under §
21-14-101
changes residence to a county within this state other than the county where the notary public resided on the date of commission.
(2)
Upon receiving notification of a change in place of employment, the Secretary of State shall transfer a notary public's appointment and commission to the new county of employment in the case of a legal resident of an adjoining state or a nonresident spouse of a United States military service member changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission.
(b)
The original bond or certified copy of the original bond from the original county of residence shall also be filed by the notary public in the new county of residence or if the notary public is a legal resident of an adjoining state or a nonresident spouse of a United States military service member, in the new county of employment in Arkansas.
Amended by Act 2021, No. 479,§ 3, eff. 7/28/2021.
Amended by Act 2019, No. 215,§ 4, eff. 7/24/2019.
Amended by Act 2013, No. 492,§ 2, eff. 8/16/2013.
Acts 1983, No. 21, § 1; 1985, No. 966, § 2; A.S.A. 1947, § 12-1401.1; Acts 2005, No. 2274, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-103 - Change in personal information

(a)
If any notary public has a change in his or her mailing address or status in life that alters the information on record with the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed, the notary public shall be responsible for providing that change of information to the Secretary of State and the circuit clerk within thirty (30) calendar days of the change.
(b)
If the change in status involves a court order, the notary public shall be responsible for providing the Secretary of State with a certified copy of the court order within thirty (30) calendar days of the filing of the court order with the clerk.
(c)
If the notary public marries and the notary public's name changes, a certified copy of the marriage certificate shall be delivered to the office of the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed.
Rev. Stat., ch. 104, § 6; C. & M. Dig., § 7975; Pope's Dig., § 10368; A.S.A. 1947, § 12-1410; Acts 2001, No. 1274, § 2; 2005, No. 2274, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-104 - Power and authority generally

The power and authority of a notary public shall be coextensive with the state for:
(1)
Swearing witnesses;
(2)
Taking affidavits;
(3)
Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and
(4)
Taking acknowledgments of deeds and other instruments in writing and authorized by law to be acknowledged.
Amended by Act 2013, No. 492,§ 3, eff. 8/16/2013.
Acts 1901, No. 82, § 1, p. 148; 1905, No. 269, § 1, p. 687; C. & M. Dig., § 7970a; Pope's Dig., § 10363; A.S.A. 1947, § 12-1405.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-105 - Administration of oaths

Each notary public shall have power to administer oaths in all matters incident to or belonging to the exercise of his or her notarial office.
Rev. Stat., ch. 104, § 3; C. & M. Dig., § 7970; Pope's Dig., § 10363; A.S.A. 1947, § 12-1403.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-106 - Acknowledgments and authentications

(a)
A notary public may:
(1)
Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation;
(2)
Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing;
(3)
Make declarations and protests; and
(4)
Certify under his or her official seal the truth of all matters and things done by virtue of his or her office.
(b)
A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy if the document is not:
(1)
A vital record in this state, another state, a territory of the United States, or another country; or
(2)
A public record, if a copy can be made by the custodian of the public record.
Rev. Stat., ch. 104, § 4; C. & M. Dig., § 7973; Pope's Dig., § 10366; A.S.A. 1947, § 12-1404; Acts 2001, No. 1274, § 3; 2005, No. 2274, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-108 - Expiration date of commission

(a)
(1)
Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire.
(2)
No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section.
(b)
No notary public shall perform any official act after the expiration of his or her commission as evidenced by his or her certificate.
(c)
Sixty (60) calendar days prior to the expiration of a notary public's commission, he or she shall submit to the Secretary of State a new application along with the fee of twenty dollars ($20.00) for the renewal of the commission.
(d)
Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or if the notary public is a resident of an adjoining state, in the office of the recorder of deeds for the county in Arkansas where employed, either:
(1)
A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or
(2)
A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which:
(A)
Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section;
(B)
Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and
(C)
Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.
Amended by Act 2015, No. 570,§ 2, eff. 7/22/2015.
Acts 1891, No. 35, §§ 1, 2, p. 57; C. & M. Dig., §§ 7971, 7972; Pope's Dig., §§ 10364, 10365; A.S.A. 1947, §§ 12-1406, 12-1407; Acts 2001, No. 1274, § 5; 2005, No. 2274, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-109 - Performance of duties for corporation

(a)
It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of the corporation, or to protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by the corporation.
(b)
It shall be unlawful for any notary public to take the acknowledgment of an instrument executed by or to a bank or other corporation of which he or she is a stockholder, director, officer, or employee where the notary public is a party to the instrument, either individually or as a representative of the corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary public is individually a party to the instrument.
Acts 1953, No. 331, § 1; A.S.A. 1947, § 12-1411.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-110 - Admissibility of acknowledged instruments

All declarations and protests made and acknowledgments taken by a notary public and certified copies of the notary public's records and official papers shall be received as evidence of the facts therein stated in all the courts of this state.
Rev. Stat., ch. 104, § 8; C. & M. Dig., § 7977; Pope's Dig., § 10370; A.S.A. 1947, § 12-1409.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-111 - Unlawful act - Penalty - Definition

(a)
It is unlawful for any notary public to witness any signature on any instrument unless the notary public either:
(1)
Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or
(2)
Recognizes the signature of the signer by virtue of familiarity with the signature.
(b)
Any notary public violating this section shall be guilty of a Class A misdemeanor.
(c)
For purposes of this section, "personally knows" means having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty.
Acts 1989, No. 304, § 3; 2001, No. 1274, § 6.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-112 - Denial or revocation of notary public commission

(a)
The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public:
(1)
Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact;
(2)
Is convicted of official misconduct under the provisions of §
21-14-111
;
(3)
Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law;
(4)
Is found by a court of this state to have engaged in the unauthorized practice of law;
(5)
Is found by a court to have improperly notarized documents according to the law;
(6)
Is found by a court to have charged fees higher than allowed under §
21-6-309
; or
(7)
Fails to complete the requirements under §
21-14-101
.
(b)
The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person.
(c)
After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State:
(1)
The notary public's journal of notarial acts;
(2)
All other papers and copies relating to the notary public's notarial acts; and
(3)
The notary public's official seal.
(d)
A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation.
Amended by Act 2013, No. 492,§ 5, eff. 8/16/2013.
Acts 1999, No. 1187, § 1; 2005, No. 2274, § 3.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-113 - Notice of revocation - Appeal

(a)
If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation.
(b)
(1)
The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected.
(2)
The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation and the written notice of revocation.
(c)
The court may summarily order the Secretary of State to reinstate the notary public or take other action the court considers appropriate.
(d)
The court's final decision may be appealed as in other civil proceedings.
Acts 1999, No. 1187, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-14-101 — 21-14-114) › Section 21-14-114 - Rules

The Secretary of State may promulgate rules necessary to administer this chapter.
Amended by Act 2019, No. 315,§ 2339, eff. 7/24/2019.
Acts 2005, No. 2274, § 4.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 2 - FACSIMILE SIGNATURES AND SEALS (§§ 21-14-201 — 21-14-205) › Section 21-14-201 - Definitions

As used in this subchapter:
(1)
(A)
"Commercial document" means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testing standard, or other commercial standard, specification, or practice.
(B)
The term "commercial document" shall not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity;
(2)
"Facsimile seal" means the reproduction by engraving, imprinting, stamping, or other means of the seal of office of a notary public, containing the information described in §
21-14-107(b)(2)
; and
(3)
"Facsimile signature" means the reproduction by engraving, imprinting, stamping, or other means of a manual signature of a notary public.
Acts 1995, No. 200, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 2 - FACSIMILE SIGNATURES AND SEALS (§§ 21-14-201 — 21-14-205) › Section 21-14-202 - Use of facsimile signatures and seals authorized - Filing required

Any notary public may affix a notary certificate bearing the notary public's facsimile signature and facsimile seal in lieu of the notary public's manual signature and rubber or embossed seal in blue or black ink on a commercial document, after filing with the Secretary of State:
(1)
The notary public's manual signature certified by the notary public under oath;
(2)
A general description of the types of commercial documents to be notarized by facsimile signature and seal;
(3)
The name and manual signature of any other person or persons signing the commercial documents by manual or facsimile signature; and
(4)
The written consent of any other person or persons signing the commercial documents to the use of the notary public's facsimile signature and facsimile seal on the commercial documents.
Amended by Act 2013, No. 492,§ 6, eff. 8/16/2013.
Acts 1995, No. 200, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 2 - FACSIMILE SIGNATURES AND SEALS (§§ 21-14-201 — 21-14-205) › Section 21-14-203 - Expiration and resignation

(a)
Any filing by a notary public with the Secretary of State under the terms of this subchapter shall remain in effect until the earlier of:
(1)
The date on which the notary public's commission in effect on the date of filing expires;
(2)
The filing is cancelled by the notary public by subsequent written filing with the Secretary of State; or
(3)
The filing is cancelled pursuant to §
21-14-113
.
(b)
(1)
A notary public shall send a signed letter of resignation to the Secretary of State and shall return his or her certificate of notary public commission when the notary public:
(A)
Wishes to resign his or her commission;
(B)
Does not maintain legal residence or employment in this state during the entire term of appointment; or
(C)
Is required to resign pursuant to a court order of this state or any other state.
(2)
The resigning notary public shall destroy his or her official seal immediately upon resignation.
Acts 1995, No. 200, § 1; 2001, No. 1274, § 7.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 2 - FACSIMILE SIGNATURES AND SEALS (§§ 21-14-201 — 21-14-205) › Section 21-14-204 - Duties of notary public

A notary public shall have the same duties when affixing a notary certificate with the notary public's facsimile signature and facsimile seal on a commercial document as when signing a notary certificate with the notary public's manual signature and rubber or embossed seal, and nothing in this subchapter shall remove any duty or responsibility imposed on a notary public by law, except as specifically provided in this subchapter.
Acts 1995, No. 200, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 2 - FACSIMILE SIGNATURES AND SEALS (§§ 21-14-201 — 21-14-205) › Section 21-14-205 - Force and effect

Notary certificates which are signed by facsimile signature and sealed by facsimile seal under the provisions of this subchapter shall have the same force and effect as notary certificates signed by manual signature and bearing a rubber or embossed seal for all purposes.
Acts 1995, No. 200, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-301 - Title

This subchapter shall be known and may be cited as the "Arkansas Electronic Notary Public Act".
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-303 - Appointment and commission

A notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State is eligible to become an electronic notary public.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-304 - Registration and application

(a)
(1)
The Secretary of State shall require a notary public to register the capability to notarize electronically or online before performing an electronic notarial act.
(2)
A person who seeks to become an electronic notary public or an online notary public shall submit to the Secretary of State:
(A)
An application stating the intent to become an electronic notary public or an online notary public on a form provided by the Secretary of State;
(B)
An attestation that he or she has not been convicted of a felony; and
(C)
A filing fee of twenty dollars ($20.00).
(b)
An applicant shall:
(1)
Successfully complete an approved training course provided by the Secretary of State; and
(2)
(A)
Pass an examination approved by the Secretary of State.
(B)
An applicant may attend the examination up to two (2) times in a twelve-month period.
(C)
If the applicant does not pass the examination during the time period in subdivision (b)(2)(B) of this section, he or she shall repeat the application process under this section.
(c)
The Secretary of State shall promulgate rules to enforce the requirements under subdivision (a)(1) of this section.
Amended by Act 2021, No. 1047,§ 5, eff. 4/29/2021.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-305 - Term and renewal

(a)
The commission date of the electronic notary public shall begin on the date the person passes the examination under §
21-14-304
.
(b)
The term of the electronic notary public shall not extend past the expiration date of the surety bond for the traditional notary public commission.
(c)
An electronic notary public shall every two (2) years of his or her commission:
(1)
Complete a refresher training course offered and approved by the Secretary of State; and
(2)
Remit to the Secretary of State evidence of successful completion of the course under subdivision (c)(1) of this section on a form provided by the Secretary of State.
(d)
The electronic notary public may submit an application for the renewal of his or her electronic notary commission to the Secretary of State no more than thirty (30) calendar days before the expiration of his or her electronic notary commission.
(e)
To renew an electronic notary commission, a person shall complete the procedure under §
21-14-304
.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-306 - Form and manner of performing electronic notarial act

(a)
An electronic notarial act shall be executed through an approved solution provider.
(b)
When performing an electronic notarial act, an electronic notary public shall:
(1)
Complete an electronic notarial certificate that shall include all information necessary in a paper-based notarization under §
21-14-107
; and
(2)
(A)
Attach his or her electronic signature and seal to the certificate in a tamper-evident manner.
(B)
Evidence of tampering may be used as proof by the Secretary of State to determine whether the electronic notarial act is valid or invalid.
(c)
The electronic signature of an electronic notary public is reliable if the electronic seal is:
(1)
Unique to the electronic notary public;
(2)
Capable of independent verification;
(3)
Retained under the sole control of the electronic notary public; and
(4)
Attached to or associated with the electronic document in a tamper-evident manner.
(d)
(1)
The electronic signature of an electronic notary public in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act.
(2)
The electronic notary public shall not disclose access information used to affix the electronic signature of the electronic notary public except when requested by:
(A)
Law enforcement;
(B)
The courts; or
(C)
An electronic document preparation and transmission vendor.
(3)
Control of security aspects remains under the sole control of the commissioned electronic notary public, and include without limitation:
(A)
Passwords;
(B)
Token devices;
(C)
Biometrics;
(D)
Personal identification numbers; and
(E)
Phrases.
(e)
The liability, sanctions, and remedies for the improper performance of electronic notarial acts are the same under the law for the improper performance of a notarial act performed by a traditional notary public under §§
21-14-111
-
21-14-113
.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-307 - Physical proximity of signers of electronic documents required

(a)
An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act.
(b)
(1)
The methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization under this chapter.
(2)
The electronic notary public shall not under any circumstances base identification merely upon familiarity with the electronic signature of the signer or an electronic verification process that authenticates the electronic signature of the signer when the signer is not in the physical presence of the electronic notary public.
(c)
This section does not apply to online notarial acts as described in §
21-14-309
.
Amended by Act 2021, No. 1047,§ 6, eff. 4/29/2021.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-308 - Fees

(a)
An electronic notary public may charge and collect fees that are:
(1)
Reasonably established by the electronic notary public; and
(2)
Disclosed and agreed upon by the client and principal before the electronic notarial act occurs.
(b)
(1)
An electronic notary public who knowingly charges, demands, or receives a fee not authorized by law or who charges, demands, or receives a fee greater than provided under this section is guilty of a violation.
(2)
Upon conviction, he or she shall be fined in a sum not less than one hundred dollars ($100) for each offense.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.