reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1102 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1103 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1104 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1105 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 11 - CORONAVIRUS 2019 (COVID-19) › Section 16-120-1106 - [Expired]

Added by Act 2021, No. 559,§ 1, eff. 4/5/2021. Expired 5/1/2023by § 2.
See Act 2021, No. 559, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 12 - PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT (§§ 16-120-1201 — 16-120-1205) › Section 16-120-1201 - Title

This subchapter shall be known and may be cited as the "Property Owner's Right to Allow Firearms Act".
Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 12 - PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT (§§ 16-120-1201 — 16-120-1205) › Section 16-120-1202 - Purpose

The purpose of this subchapter is to protect a property owner from civil liability if the property owner generally allows nonemployees to carry firearms on the property owner's property.
Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 12 - PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT (§§ 16-120-1201 — 16-120-1205) › Section 16-120-1203 - Definitions

As used in this subchapter:
(1)
"Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;
(2)
"Nonemployee" means an individual:
(A)
Not employed by the property owner; and
(B)
Not a prohibited person under §
16-120-1205
; and
(3)
"Property owner" means an individual, group of individuals, or entity that owns, leases, controls, or otherwise operates real property.
Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 12 - PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT (§§ 16-120-1201 — 16-120-1205) › Section 16-120-1204 - Protection from civil liability

(a)
If a property owner allows for all nonemployees on the property to carry a loaded firearm, the property owner is not subject to civil liability for any damage, injury, or death resulting from a nonemployee using a loaded firearm on or near the property.
(b)
The fact that a property owner allows for all nonemployees on the property to carry a loaded firearm shall not be used to infer or impute liability in any cause of action against the property owner.
(c)
Subsection (a) of this section does not apply to intentional or reckless conduct by the property owner.
Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 120 - IMMUNITY FROM TORT LIABILITY (§§ 16-120-101 — 16-120-1205) › Subchapter 12 - PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT (§§ 16-120-1201 — 16-120-1205) › Section 16-120-1205 - Exceptions

(a)
A property owner may prohibit an individual from carrying a loaded firearm on the property and remain protected from civil liability under §
16-120-1204
if the individual:
(1)
Is legally prohibited from carrying a firearm under §
5-73-103
;
(2)
Has been convicted of an offense involving:
(A)
Public intoxication;
(B)
Sexual misconduct;
(C)
Violence;
(D)
Property destruction; or
(E)
Theft;
(3)
Is under eighteen (18) years of age;
(4)
Is consuming alcohol, unlawfully using a controlled substance, or intoxicated while on the property;
(5)
Is a former employee of the property owner; or
(6)
Has been arrested for an offense on any property of the property owner and the outcome of that arrest is still pending or resulted in a conviction.
(b)
A person who believes they have been wrongfully denied the right to carry a loaded firearm on a property based on the property owner invoking one (1) or more of the exceptions under subsection (a) of this section may file a complaint with the county sheriff's office, who shall maintain a record of:
(1)
The name of a person making the complaint;
(2)
The names of witnesses to a situation in which a person believes they were wrongfully denied the right to carry a loaded firearm on the property;
(3)
Contact information for each person making the complaint and any witnesses; and
(4)
The person's statement as to why he or she believes he or she was wrongfully denied the right to carry a loaded firearm on the property.
Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 121 - UTILITIES TAMPERING (§§ 16-121-101 — 16-121-104) › Section 16-121-101 - Definitions

As used in this subchapter:
(1)
"Divert" means to change the intended course or path of gas, water, or electricity without the authorization or consent of the utility supplier;
(2)
"Meter tampering" means:
(A)
Removing metering devices;
(B)
Connecting wires or other instruments to bypass a meter recording usage for billing;
(C)
Breaking or defacing any seal, locking device, or other part that makes up the metering device;
(D)
Preventing or retarding the action of a meter or other instrument used for measuring utility service;
(E)
Transferring from one location to another a metering device;
(F)
Using a metering device belonging to the utility supplier that has not been assigned to the utility customer's location and has not been installed by the utility supplier; and
(G)
Any other means of tampering with or bypassing a metering device that deprives a supplier from receiving proper charges or payment for utility service;
(3)
"Person" means an individual, a corporation, firm, company, or association;
(4)
"Unauthorized reconnection" means the commencement of gas, water, or electric service, other than by the supplier, to a utility customer or any other person after utility service has been discontinued by the supplier;
(5)
"Utility customer" means:
(A)
The person or persons occupying the premises and receiving the benefits of utility service from a utility supplier, whether or not that person is listed on the records of the utility supplier as the customer liable for charges or payment for utility service received with or without charge; or
(B)
The manager, superintendent, officer, or other responsible official of a corporation, partnership, proprietorship, association, or other business organization that has received utility service with or without proper charge; and
(6)
"Utility supplier" or "supplier" means any regulated public or private utility authorized to provide electricity, natural gas, or water for sale to utility customers in any particular service area.
Acts 1989, No. 595, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 121 - UTILITIES TAMPERING (§§ 16-121-101 — 16-121-104) › Section 16-121-102 - Presumptions

(a)
The receipt of benefits because of meter tampering or unauthorized reconnection of utility services by a utility customer without incurring proper charges therefor shall be evidence creating presumption of an intent to defraud or deprive a utility supplier from receiving proper charge or payment for such utility service.
(b)
The presence upon property served by a utility supplier of a metering device altered to improperly monitor the amount of utility service used on or by such property shall be evidence creating a presumption that the utility customer has diverted or obtained utility service with the intent to deprive or defraud a utility supplier from receiving proper charges or payment for such utility service.
Acts 1989, No. 595, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 121 - UTILITIES TAMPERING (§§ 16-121-101 — 16-121-104) › Section 16-121-103 - Civil cause of action

(a)
Any utility supplier damaged through meter tampering or other acts by any person; including any acts which divert, or cause to be diverted, any utility service by any means whatsoever; or which make, or cause to be made, any unauthorized reconnection with property owned or used by the supplier to provide utility services without the authorization or consent of the utility supplier, shall have a cause of action against any such person found in violation of this section in the circuit courts of this state for all damages resulting therefrom, including actual, consequential, and punitive damages.
(b)
Such utility supplier shall be entitled to no less than three (3) times the amount of damages and shall also be entitled to reasonable attorney's fees.
(c)
The cause of action created by this section exists regardless of any criminal charge against a utility customer for defrauding or depriving a utility supplier of proper charges or payment for utility service or damaged metering devices.
Acts 1989, No. 595, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 121 - UTILITIES TAMPERING (§§ 16-121-101 — 16-121-104) › Section 16-121-104 - Statute of limitations

Civil actions pursuant to the provisions of this chapter shall be commenced within two (2) years following the date of discovery of the violation.
Acts 1989, No. 595, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 122 - CIVIL LIABILITY OF PERSONS CAUGHT SHOPLIFTING (§§ 16-122-101 — 16-122-103) › Section 16-122-101 - Liability of adult, employee, and parent

(a)
An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in §
16-122-102
.
(b)
An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in §
16-122-102
in addition to the actual amount of any cash not returned or recovered.
(c)
(1)
The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in §
16-122-102
; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services.
(2)
However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under eighteen (18) years of age and over six (6) years of age who has not been in his or her physical custody for the thirty (30) days preceding the offense.
Acts 1993, No. 936, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 122 - CIVIL LIABILITY OF PERSONS CAUGHT SHOPLIFTING (§§ 16-122-101 — 16-122-103) › Section 16-122-102 - Written demand required - Amount of damages

(a)
Under the provisions of this chapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult to the last known address of the adult.
(b)
If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft.
(c)
(1)
If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court.
(2)
In an action brought under this subsection, the owner or seller may recover the following:
(A)
Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise;
(B)
A civil penalty of up to one thousand dollars ($1,000) for an adult;
(C)
Court costs; and
(D)
A reasonable attorney's fee.
(d)
This section does not apply to juveniles subject to the Arkansas Juvenile Code of 1989, §
9-27-301
et seq.
Acts 1993, No. 936, § 4; 2003, No. 1185, § 250; 2009, No. 956, § 33.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 122 - CIVIL LIABILITY OF PERSONS CAUGHT SHOPLIFTING (§§ 16-122-101 — 16-122-103) › Section 16-122-103 - Penalty

A conviction for violation of §
5-36-103
shall not be a condition precedent to maintenance of a civil action authorized by this chapter, and nothing in this chapter shall prohibit or limit any other course of action a retailer or merchant may have against a person who unlawfully takes cash, goods, wares, or merchandise from the merchant's premises.
Acts 1993, No. 936, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-101 - Title

This subchapter shall be referred to as the "Arkansas Civil Rights Act of 1993".
Acts 1993, No. 962, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-103 - Applicability

(a)
The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity.
(b)
It shall not constitute employment discrimination under this subchapter for an employer to refuse to accommodate the religious observance or practice of an employee or prospective employee if the employer demonstrates that he or she is unable to reasonably make such accommodation without undue hardship on the conduct of the employer's business.
(c)
A defendant may avoid liability under this subchapter by showing that his or her actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons.
(d)
Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for prohibited discrimination, nothing in this subchapter shall be construed to prohibit or restrict:
(1)
An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law;
(2)
A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or
(3)
A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.
(e)
This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act of the Arkansas Insurance Code, §
23-66-201
et seq.
Acts 1993, No. 962, §§ 6, 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-104 - Construction

Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.
Acts 1993, No. 962, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-105 - Civil rights offenses

(a)
Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action in circuit court for legal and equitable relief or other proper redress.
(b)
In the discretion of the court, a party held liable under this section shall also pay the injured party's cost of litigation and a reasonable attorney's fee in an amount to be fixed by the court.
(c)
When construing this section, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, as amended and codified in
42 U.S.C. § 1983
, as in effect on January 1, 1993, which decisions and Civil Rights Act of 1871 shall have persuasive authority only.
Acts 1993, No. 962, § 2; 1995, No. 480, § 2; 2003, No. 1185, § 251.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-106 - Hate offenses

(a)
A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of:
(1)
Intimidation or harassment;
(2)
Violence directed against his or her person; or
(3)
Vandalism directed against his or her real or personal property.
(b)
Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court.
(c)
This section does not apply to:
(1)
Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or
(2)
A civil action:
(A)
Between an employee and his or her employer or between or among employees of the same employer;
(B)
For damages arising out of an incident occurring in the workplace; or
(C)
Arising out of the employee-employer relationship.
Amended by Act 2017, No. 191,§ 2, eff. 8/1/2017.
Acts 1993, No. 962, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 1 - THE ARKANSAS CIVIL RIGHTS ACT OF 1993 (§§ 16-123-101 — 16-123-108) › Section 16-123-108 - Retaliation - Interference - Remedies

(a)
Retaliation.
A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
(b)
Interference, Coercion, or Intimidation.
It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.
(c)
(1)
Remedies and Procedures.
The remedies and procedures available in §
16-123-107(b)
are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section.
(2)
An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under §
16-123-107(c)
.
Amended by Act 2017, No. 191,§ 3, eff. 8/1/2017.
Acts 1995, No. 480, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Fair Housing Act".
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-202 - Definitions

As used in this subchapter:
(1)
"Housing accommodation" includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one (1) or more persons;
(2)
"Real estate broker or salesperson" means a person, whether licensed or not, who:
(A)
For or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property;
(B)
Negotiates or attempts to negotiate any of those activities;
(C)
Holds himself or herself out as engaged in those activities;
(D)
Negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property;
(E)
Is engaged in the business of listing real property in a publication; or
(F)
Is a person employed by or acting on behalf of a real estate broker or salesperson;
(3)
"Real estate transaction" means the sale, exchange, rental, or lease of real property, or an interest therein; and
(4)
"Real property" includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-203 - Legislative declaration

(a)
The opportunity to obtain housing and other real estate without discrimination because of religion, race, color, national origin, sex, disability, or familial status as prohibited by this chapter, is recognized and declared to be a civil right.
(b)
Provided, the provisions of §
16-123-301
et seq. shall become effective after the statutes and regulations required by this subchapter are adopted as substantially equivalent to federal fair housing laws, as recognized by the appropriate federal agency designated to enforce the provisions of federal fair housing laws.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1; 2001, No. 1785, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-204 - Conduct prohibited in real estate transactions - Exception

(a)
A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, sex, disability, or familial status of a person or a person residing with that person:
(1)
Refuse to engage in a real estate transaction with a person;
(2)
Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
(3)
Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction;
(4)
Refuse to negotiate for a real estate transaction with a person;
(5)
Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or knowingly fail to bring a real property listing to a person's attention, or refuse to permit a person to inspect real property;
(6)
Make, print, or publish or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; or
(7)
Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.
(b)
This section shall not apply to:
(1)
The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or a member of the owner's immediate family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or
(2)
The rental of a housing accommodation for not more than twelve (12) months by the owner or lessor where it was occupied by him or her and maintained as his or her home for at least three (3) months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-205 - Conduct in real estate financing prohibited - Exception

(a)
A person to whom application is made for financial assistance or financing in connection with a real estate transaction or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, or a representative of that person, shall not:
(1)
Discriminate against the applicant because of the religion, race, color, national origin, sex, disability, or familial status of the applicant or a person residing with the applicant; or
(2)
Use a form of application for financial assistance or financing to make or keep a record or inquiry in connection with an application for financial assistance or financing which indicates, directly or indirectly, a preference, limitation, specification, or discrimination as to the religion, race, color, national origin, sex, disability, or familial status of the applicant or a person residing with the applicant.
(b)
Subdivision (a)(2) of this section shall not apply to a form of application for financial assistance prescribed for the use of a lender regulated as a mortgagee under the National Housing Act, as amended,
12 U.S.C. §§ 1701-1750g
(Supp. 1973), or by a regulatory board or officer acting under the statutory authority of this state or the United States.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-206 - Contractual provisions

(a)
A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, except this section shall not prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, sex, disability, familial status, or national origin.
(b)
A person shall not insert in a written instrument relating to real property a provision that is void under this section or honor such a provision in the chain of title.
(c)
A person shall not threaten, intimidate, or interfere with persons in the enjoyment of their dwelling because of the race, color, national origin, sex, or familial status of such persons, or of visitors or associates of such persons.
(d)
A person shall not discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-207 - Representations prohibited

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or familial status of the owners or occupants, in the block, neighborhood, or area in which the real property is located or represent that this change will or may result in the lowering of real property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which in the real property is located.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-208 - Retaliation

Two (2) or more persons shall not conspire to, or a person shall not:
(1)
Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this subchapter;
(2)
Attempt, directly or indirectly, to commit an act prohibited by this subchapter;
(3)
Willfully interfere, obstruct, or prevent a person from complying with this subchapter or an order issued or rule promulgated under this subchapter; or
(4)
Discharge, threaten, coerce, intimidate, or take any other adverse action against an employee, broker, agent, or other person because he or she refused to take part in a discriminatory housing practice or because he or she has aided or encouraged any other person in the exercise or enjoyment of any right granted under the provisions of this subchapter.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-209 - Violation

A person shall not violate the terms of an order to an adjustment order made under this subchapter.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 2 - FAIR HOUSING (§§ 16-123-201 — 16-123-210) › Section 16-123-210 - Civil remedy - Definition

(a)
(1)
A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both.
(2)
As used in subdivision (a)(1) of this section, "damages" means damages for injury or loss caused by each violation of this subchapter, including reasonable attorney's fees.
(b)
An action commenced pursuant to subsection (a) of this section may be brought in the circuit court for:
(1)
The county where the alleged violation occurred; or
(2)
The county where the person against whom the civil complaint is filed resides or has his or her principal place of business.
(c)
In a civil action under this subchapter, the court in its discretion may allow the prevailing party reasonable attorney's fees and costs.
(d)
A court rendering a judgment in an action brought pursuant to this subchapter may award all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.
Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-301 - Finding

The General Assembly recognizes:
(1)
That the right to seek housing underlies the general public's ability to secure health, safety, and welfare; and
(2)
Seeks with this subchapter to protect the public's access to fair housing.
Acts 2001, No. 1785, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-304 - Powers and duties

(a)
The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations.
(b)
The commission shall receive, initiate, investigate, seek to conciliate, and, if conciliation fails, seek to resolve complaints alleging violations of this subchapter through the procedures described by this subchapter.
(c)
The commission, at least annually, shall make a written report to the Legislative Council based upon and detailing the past year's activities and operations, including policy and program recommendations.
(d)
The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.
(e)
The commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.
(f)
A witness summoned by a subpoena under this subchapter shall be entitled to a witness fee payable in the same amount as set forth in rules of procedure for civil proceedings.
Acts 2001, No. 1785, § 5; 2003, No. 1775, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-305 - Director

(a)
(1)
The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor.
(2)
The director shall report to the Secretary of the Department of Inspector General.
(3)
The Arkansas Fair Housing Commission may fix the compensation, duties, authority, and responsibilities of the director.
(b)
The commission may authorize the director to hire necessary staff and to provide for services, furnishings, equipment, and office space and employees of the commission shall be employees of the Department of Inspector General.
Amended by Act 2019, No. 910,§ 5258, eff. 7/1/2019.
Amended by Act 2017, No. 774,§ 1, eff. 8/1/2017.
Acts 2001, No. 1785, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-306 - Exemptions - Certain sales and rentals

(a)
Sections
16-123-310
and
16-123-312
-
16-123-314
do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of the living quarters as his or her residence and if:
(1)
The private individual owner does not own more than three (3) single-family houses at any one (1) time;
(2)
In the case of the sale of a single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this section shall apply only with respect to one (1) sale within any twenty-four-month period;
(3)
A bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and
(4)
(A)
The house is sold or rented:
(i)
Without the services of any real estate broker, agent, or salesperson; and
(ii)
Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of §
16-123-311
.
(B)
However, nothing in this subdivision (a)(4) shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other professional assistance as necessary to perfect or transfer the title.
(b)
For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
The person, within the preceding twelve (12) months, has participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;
(2)
The person, within the preceding twelve (12) months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
Acts 2001, No. 1785, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-308 - Exemption - Appraisals

Nothing in this subchapter prohibits a person engaged in the business of furnishing evaluations, market analyses, or appraisals of real property to take into consideration factors other than race, color, religion, sex, disability, familial status, or national origin.
Acts 2001, No. 1785, § 9.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-309 - Effect on other law

This subchapter does not affect a requirement of nondiscrimination in any other act, state law, or federal law.
Acts 2001, No. 1785, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-310 - Discrimination in sale or rental of housing

(a)
Because of race, color, religion, sex, familial status, or national origin a person shall not:
(1)
Refuse to sell or rent a dwelling to a person who has made a bona fide offer;
(2)
Refuse to negotiate for the sale or rental of a dwelling; or
(3)
Otherwise make unavailable or deny a dwelling to any person.
(b)
A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental because of race, color, religion, sex, familial status, or national origin.
Acts 2001, No. 1785, § 11; 2003, No. 1775, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-311 - Publication indicating discrimination

A person shall not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination.
Acts 2001, No. 1785, § 12.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 123 - CIVIL RIGHTS (§§ 16-123-101 — 16-123-605) › Subchapter 3 - ARKANSAS FAIR HOUSING COMMISSION (§§ 16-123-301 — 16-123-348) › Section 16-123-312 - Availability for inspection

A person shall not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.
Acts 2001, No. 1785, § 13.