reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-705 - Governmental Bonding Board

(a)
There is created the Governmental Bonding Board, which shall be composed of the following five (5) members:
(1)
The President of the Association of Arkansas Counties;
(2)
The President of the Arkansas Municipal League;
(3)
The Commissioner of Elementary and Secondary Education;
(4)
The Secretary of the Department of Finance and Administration; and
(5)
The Insurance Commissioner, who shall serve as chair.
(b)
(1)
The members of the board shall receive no compensation for their services, but members other than the Commissioner of Elementary and Secondary Education, the Secretary of the Department of Finance and Administration, and the Insurance Commissioner may receive expense reimbursement in accordance with §
25-16-901
et seq.
(2)
The expense reimbursement of members of the board shall be paid from the Self-Insured Fidelity Bond Trust Fund.
(c)
(1)
(A)
(i)
The board shall meet at least quarterly.
(ii)
However, if there is no proof of loss or other business for the board to consider, the chair may cancel a regularly scheduled quarterly meeting upon written notice to the members.
(B)
The board shall also meet at any other time as necessary to carry out its responsibilities and duties, at the call of the chair, or upon the request of a majority of the board.
(2)
All action of the board shall be by majority vote of the membership in attendance.
(3)
If a board member is unable to attend any board meeting, the member shall appoint a designee to act as his or her representative. The representative shall have all the rights and privileges of the member represented.
Amended by Act 2023, No. 826,§ 5, eff. 8/1/2023. See note.
Amended by Act 2019, No. 910,§ 3492, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3491, eff. 7/1/2019.
Acts 1987, No. 728, §§ 6, 7; 1991, No. 188, §§ 1, 2; 1997, No. 250, § 212; 2005, No. 506, § 3.
Act 2023, No. 826,§ 5purported to amend 21-5-705; however, the amendment has been implemented in this section to reflect the apparent intent of the legislature.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-706 - Administration

It is the responsibility of the Governmental Bonding Board to develop and administer the Self-Insured Fidelity Bond Program.
Amended by Act 2021, No. 367,§ 5, eff. 7/28/2021.
Acts 1987, No. 728, § 8.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-707 - Operations and recommendations

(a)
The Insurance Commissioner, at the direction of the Governmental Bonding Board, shall receive and disburse funds necessary for the establishment and operation of the Self-Insured Fidelity Bond Program.
(b)
The State Risk Manager shall assist in the operations of the program and shall submit to the board recommendations for the establishment of:
(1)
Premium schedules for all participating governmental entities;
(2)
Schedules for deductible amounts;
(3)
Loss histories, loss reporting, and loss payment procedures;
(4)
Program enrollments;
(5)
Annual review of funds income, balances, and expenditures;
(6)
Proposed invitations to bid, and retention levels, if the board determines that excess bonds or reinsurance is necessary; and
(7)
Other information required by the board for efficient operation of the program.
Acts 1987, No. 728, § 10.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-708 - Notice and proof of losses - Investigations - Restitution

(a)
The Legislative Auditor, with the approval of the Legislative Joint Auditing Committee, shall give notice and make proof of loss to the Governmental Bonding Board under the Self-Insured Fidelity Bond Program on behalf of a participating governmental entity when the audit of the records of the participating governmental entity reflects unauthorized disbursements or unaccounted-for funds or property for which the public official, officer, or employee may be liable.
(b)
If an audit reflects unauthorized disbursements or unaccounted-for funds or property for which a public official, officer, or employee may be liable, then the Legislative Auditor shall request that:
(1)
The appropriate prosecuting attorney or the Attorney General assist the state or the appropriate political subdivision in obtaining restitution; and
(2)
The appropriate city attorney, county attorney, prosecuting attorney, or the Attorney General assist the state or appropriate political subdivision in filing a civil lawsuit against the public official, officer, or employee if the board determines that civil remedies should be pursued under §
21-2-709(a)
.
(c)
(1)
To obtain restitution under subsection (b) of this section and as authorized by §
5-4-205
, the board shall consider the Self-Insured Fidelity Bond Program and the participating governmental entity as victims.
(2)
In any criminal prosecution against the official or employee causing the loss, where such official or employee enters a plea of guilty or nolo contendere, or is found guilty following a trial, restitution shall be awarded to the participating governmental entity for the entire amount of its unreimbursed losses and to the program for the entire amount of its payment to the participating governmental entity.
Amended by Act 2021, No. 367,§ 6, eff. 7/28/2021.
Amended by Act 2015, No. 231,§ 2, eff. 7/22/2015.
Amended by Act 2013, No. 1056,§ 1, eff. 8/16/2013.
Acts 1987, No. 728, § 12; 1993, No. 179, § 2; 1993, No. 319, § 3.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-710 - Billing certification - Payment and deposit

(a)
The Governmental Bonding Board, with the assistance of the State Insurance Department, shall prepare a billing certification to be remitted to the:
(1)
(A)
(i)
Department of Finance and Administration.
(ii)
Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.
(B)
Funds appropriated for premiums for fidelity bonds for state public officials and employees and state officers and employees or funds otherwise made available for this purpose shall not be subject to reduction as a result of any shortfall of projected revenues; and
(2)
Chief Fiscal Officer of the State, who shall pay the billing certification from funds withheld from the:
(A)
County Aid Fund that are due each county participating in the Self-Insured Fidelity Bond Program for premiums for fidelity bonds for county public officials and employees;
(B)
Municipal Aid Fund that are due each municipality participating in the program for premiums for fidelity bonds for municipal public officials and employees; and
(C)
Public School Fund that are due each school district participating in the program for premiums for fidelity bonds for school district officials and employees.
(b)
Upon receipt of these funds, the Insurance Commissioner shall deposit them into the Self-Insured Fidelity Bond Trust Fund.
Amended by Act 2023, No. 826,§ 7, eff. 8/1/2023.
Amended by Act 2021, No. 367,§ 8, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 3493, eff. 7/1/2019.
Acts 1987, No. 728, § 11.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-711 - Self-Insured Fidelity Bond Trust Fund

(a)
There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a separate fund to be known as the "Self-Insured Fidelity Bond Trust Fund".
(b)
(1)
No money shall be appropriated from the fund for any purpose except for the use and benefit of participating governmental entities for bond claims and for Governmental Bonding Board expenses, including without limitation travel, actuarial, consultant, and service contract fees.
(2)
The fund shall be administered by and disbursed at the direction of the Governmental Bonding Board.
(c)
(1)
(A)
The assets of the fund may be invested and reinvested as the Governmental Bonding Board may determine with the advice of the State Board of Finance.
(B)
All incomes derived through investment of the fund shall be credited as investment income to the fund.
(C)
For the purposes of investment, fund moneys invested and interest earned on fund moneys invested shall be administered as trust funds under §
19-3-518
.
(2)
Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.
(d)
All moneys received by the Governmental Bonding Board for the Self-Insured Fidelity Bond Program, including premiums collected by the Governmental Bonding Board under this subchapter, restitution, interest payments, grants, gifts, and refunds shall be deposited into the fund.
Amended by Act 2023, No. 826,§ 8, eff. 8/1/2023.
Acts 1987, No. 728, § 9; 2005, No. 506, § 5.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 7 - SELF-INSURED FIDELITY BOND PROGRAM (§§ 21-2-701 — 21-2-712) › Section 21-2-712 - Other bond requirements of participating governmental entities

A participating governmental entity that participates in the Self-Insured Fidelity Bond Program under this subchapter is considered to have satisfied any other statutorily required bond requirements for the participating governmental entity under state law.
Added by Act 2023, No. 554,§ 1, eff. 4/11/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-801 - Title

This subchapter shall be known and may be cited as the "Arkansas Self-Funded Cyber Response Program Act".
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-802 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
The counties, municipalities, and school districts of this state are increasingly targeted by cyberattacks from malicious actors resulting in substantial risks, damages, and losses;
(2)
The cost to purchase cybersecurity insurance for coverage of the risks, damages, and losses suffered during a cyberattack is too burdensome for a city, county, or school district; and
(3)
Considerable savings might be effected by the establishment of a self-funded cyber response program for a cyberattack committed against the counties, municipalities, and school districts of this state and their respective public officials and public employees.
(b)
By enacting this subchapter, the General Assembly intends to:
(1)
Establish the Arkansas Self-Funded Cyber Response Program for participating governmental entities and to establish the Arkansas Cyber Response Board to administer the program; and
(2)
Provide that the program is in lieu of, or in addition to, various cybersecurity insurance policies and to thereby effectuate substantial savings in the cost of a response to a cyberattack for those participating governmental entities.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-803 - Definitions

As used in this subchapter:
(1)
"County" means any county of this state;
(2)
"Cyber response contact" means a person or entity designated by the Arkansas Cyber Response Board to be the initial contact for a participating governmental entity that is the subject of a cyberattack;
(3)
(A)
"Cyber response panel" means a group of entities, each of which has been procured through state procurement and approved by the board, which can be activated by the cyber response contact to assist the participating governmental entity with forensic analysis, restoration guidance, and other board-authorized assistance following a cyberattack.
(B)
"Cyber response panel" may include an entity that is owned or managed by the government;
(4)
"Higher education entity" means a:
(A)
State-supported college, university, technical college, community college, or other institution of higher education; or
(B)
Department, division, or agency of a state institution of higher education;
(5)
"Money" means:
(A)
Currency, coins, and bank notes in current use and having a face value; and
(B)
Travelers' checks, register checks, and money orders held for sale to the general public;
(6)
"Municipality" means:
(A)
A city of the first class;
(B)
A city of the second class; or
(C)
An incorporated town;
(7)
"Participating governmental entity" means a:
(A)
County;
(B)
Municipality; or
(C)
School district;
(8)
"Property other than money and securities" means any tangible property, other than money and securities, that has intrinsic value; and
(9)
"School district" means a school district or open-enrollment public charter school in this state.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-806 - Operations and recommendations

(a)
At the direction of the Arkansas Cyber Response Board, the Insurance Commissioner shall receive and disburse funds necessary for the establishment and operation of the Arkansas Self-Funded Cyber Response Program.
(b)
The State Risk Manager shall assist in the operations of the program and shall submit to the board recommendations for:
(1)
(A)
Premium schedules for all participating governmental entities, not to exceed a total of nine hundred thousand dollars ($900,000) in each of the first two (2) years of operation.
(B)
The premium schedule for each participating governmental entity for the first two (2) years of operation shall be as follows:
(i)
The aggregate amount for municipalities shall not exceed three hundred thousand dollars ($300,000);
(ii)
The aggregate amount for counties shall not exceed three hundred thousand dollars ($300,000); and
(iii)
The aggregate amount for school districts shall not exceed three hundred thousand dollars ($300,000);
(2)
Schedules for deductible amounts;
(3)
Loss histories, loss reporting, and loss payment procedures;
(4)
Program enrollments;
(5)
Annual review of funds, income, balances, and expenditures; and
(6)
Other information required by the board for efficient operation of the program.
(c)
The board may utilize up to five percent (5%) of the monthly premiums remitted to the Arkansas Self-Funded Cyber Response Program Trust Fund for administrative expenses and staff.
(d)
Additional money may be provided to the program through grants and provisions from public and private entities.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-807 - Notice of proof of losses - Determination of coverage and remediation

(a)
Following a cyberattack on a participating governmental entity, the Arkansas Cyber Response Board may establish security requirements for the participating governmental entity that shall be followed in order to maintain the full Arkansas Self-Funded Cyber Response Program under §
21-2-804(b)(1)
.
(b)
The expenses associated with losses, investigation, and remediation shall be attributed to the participating governmental entity and shall be used by the State Risk Manager and board in calculating future program premiums.
(c)
(1)
Upon determination of proof of loss from the cyber response contact and the board, the Insurance Commissioner shall authorize cybersecurity loss payments to the participating governmental entity that was activated by the cyber response contact as well as any participating governmental entity for board-approved expenditures.
(2)
A voucher for a loss payment shall include, as supporting documents, a copy of the payment recommendations by the State Risk Manager and a copy of the proof of loss provided by the participating governmental entity and approved by the board.
(3)
A loss payment may be adjusted by any applicable deductible, restitution, or coinsurance payment by the board.
(d)
(1)
If a participating governmental entity sustains any loss that exceeds the amount of indemnity provided by the program, then the participating governmental entity is entitled to all recoveries, except from suretyship, insurance, reinsurance, security, or indemnity taken by or for the benefit of the program, made by whomever, on account of the loss until fully reimbursed, less the amount of the deductible and coinsurance.
(2)
Any remainder of the recovery under subdivision (d)(1) of this section shall be applied to reimbursement of the program.
(3)
If a participating governmental entity fails to pay the amount due to the program under this section, then the board may deduct any amount due from future loss payments due the applicable participating governmental entity or from any treasury funds of the applicable participating governmental entity.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-808 - Billing certification - Payment and deposit

(a)
Beginning on and after July 1, 2024, the Arkansas Cyber Response Board, with the assistance of the Insurance Commissioner, shall prepare a billing certification to be remitted to the:
(1)
Department of Finance and Administration; and
(2)
Chief Fiscal Officer of the State.
(b)
(1)
Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.
(2)
Funds appropriated for premiums for Arkansas Self-Funded Cyber Response Program coverage, or funds otherwise made available for this purpose, shall not be subject to reduction as a result of any shortfall of projected revenues.
(c)
Upon receipt of the billing certification under this section, the Chief Fiscal Officer of the State shall pay the billing certification from funds withheld from the:
(1)
County Aid Fund that are due each county participating in the program for premiums for county public officials and public employees;
(2)
Municipal Aid Fund that are due each municipality participating in the program for premiums for municipal public officials and public employees; and
(3)
Public School Fund that are due each school district participating in the program for premiums for school district officials and school district employees.
(d)
Upon receipt of the funds under this section, the commissioner shall deposit the funds into the Arkansas Self-Funded Cyber Response Program Trust Fund.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 2 - COMMISSION, OATH, AND BOND (§§ 21-2-101 — 21-2-809) › Subchapter 8 - ARKANSAS SELF-FUNDED CYBER RESPONSE PROGRAM ACT (§§ 21-2-801 — 21-2-809) › Section 21-2-809 - Future enrollment - State of Arkansas and higher education entity

(a)
The Arkansas Self-Funded Cyber Response Program shall be open to the State of Arkansas or a higher education entity to join at any time.
(b)
Beginning on the date that the State of Arkansas or a higher education entity joins the program, the Arkansas Cyber Response Board, with the assistance of the Insurance Commissioner, shall prepare a billing certification to be remitted to the:
(1)
Department of Finance and Administration; and
(2)
Chief Fiscal Officer of the State.
(c)
(1)
Upon receipt of the billing certification, the Secretary of the Department of Finance and Administration shall pay the billing certification from funds specifically appropriated for the billing certification by the General Assembly or from other funds available to pay for the billing certification.
(2)
Funds appropriated for premiums for program coverage, or funds otherwise made available for this purpose, shall not be subject to reduction as a result of any shortfall of projected revenues.
(d)
Upon receipt of the funds under this section, the commissioner shall deposit the funds into the Arkansas Self-Funded Cyber Response Program Trust Fund.
Added by Act 2023, No. 846,§ 2, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-3-101 — 21-3-102) › Section 21-3-101 - Equal employment hiring program

(a)
Every state department, agency, board, commission, and institution of higher education and every constitutional officer as defined in Arkansas Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal employment hiring program designed to achieve a goal of increasing the percentage of minority employees within the state department, agency, board, commission, and institution of higher education and within the constitutional office to a level that approximates the percentage of minorities in the state's population.
(b)
(1)
Every state department, agency, board, commission, and institution of higher education and every constitutional officer shall report to the Legislative Council on June 30 of each year regarding its efforts to achieve its equal employment hiring program goal.
(2)
However, the report required of any institution by §
6-63-103
may be used in lieu of the report required under this subsection and shall be filed as provided in this subsection.
(c)
The employee handbook or manual of every state department, agency, board, commission, and institution of higher education and every employee handbook or manual of every constitutional office shall include the following statement in describing the equal employment opportunity hiring program required under this section:
"The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information."
Amended by Act 2021, No. 88,§ 1, eff. 7/28/2021.
Acts 1993, No. 426, § 1; 2001, No. 1226, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 1 - GENERAL PROVISIONS (§§ 21-3-101 — 21-3-102) › Section 21-3-102 - Selective Service registration - Definition

(a)
As used in this section, "statement of selective service status" means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that:
(1)
The person filing the certificate is registered with the United States Selective Service System in accordance with the Military Selective Service Act; or
(2)
The person filing the certificate is not required to register with the United States Selective Service System because the person is:
(A)
Under eighteen (18) years of age;
(B)
In the United States Armed Forces on active duty, other than in a reserve or national guard unit;
(C)
An alien lawfully admitted to the United States as a nonimmigrant under Section 101(a)(15) of the Immigration and Nationality Act,
8 U.S.C. § 1101
, for so long as he or she continues to maintain a lawful nonimmigrant status in the United States;
(D)
A permanent resident of the Trust Territory of the Pacific Islands or the Commonwealth of Northern Mariana Islands; or
(E)
Excused from registration for other reason provided by federal law and that reason is included in the certificate.
(b)
No person who is required to register with the United States Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status.
Acts 2005, No. 1962, § 96.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 2 - AGE DISCRIMINATION (§§ 21-3-201 — 21-3-206) › Section 21-3-201 - Definition

For the purposes of this subchapter, "public employer" means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of this state. "Public employer" specifically includes public universities, colleges, and public school districts.
Acts 1979, No. 25, § 1; A.S.A. 1947, § 12-3501.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 2 - AGE DISCRIMINATION (§§ 21-3-201 — 21-3-206) › Section 21-3-202 - Applicability

The prohibitions in this subchapter shall be limited to individuals who are at least forty (40) years of age.
Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 2 - AGE DISCRIMINATION (§§ 21-3-201 — 21-3-206) › Section 21-3-203 - Age discrimination prohibited - Exceptions

(a)
It shall be unlawful for a public employer to:
(1)
Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age;
(2)
Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or
(3)
Reduce the wage rate of any employee in order to comply with this subchapter.
(b)
It shall not be unlawful for a public employer to:
(1)
Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or
(2)
Discharge or otherwise discipline an individual for good cause.
Acts 1979, No. 25, §§ 2, 3; A.S.A. 1947, §§ 12-3502, 12-3503; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 2 - AGE DISCRIMINATION (§§ 21-3-201 — 21-3-206) › Section 21-3-205 - Compulsory retirement of certain employees

(a)
(1)
Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, savings, or deferred compensation plan, or any combination of such plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars ($44,000).
(2)
In applying the retirement benefit test of subdivision (a)(1) of this section, if any such retirement benefit is in a form other than a straight life annuity with no ancillary benefits, or if employees contribute to any such plan or make rollover contributions, that benefit shall be adjusted by the actuary of the employee's public retirement system, so that the benefit is the equivalent of a straight life annuity with no ancillary benefits under a plan to which employees do not contribute and under which no rollover contributions are made.
(b)
The prohibitions of this subchapter shall apply to employees with unlimited tenure who retire after July 1, 1982.
Acts 1979, No. 25, § 5; A.S.A. 1947, § 12-3505; Acts 1989 (3rd Ex. Sess.), No. 33, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 3 - VETERANS PREFERENCES (§§ 21-3-301 — 21-3-306) › Section 21-3-301 - Uniform Classification and Compensation Act rules

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, §
21-5-201
et seq., shall include rules under this subchapter.
Amended by Act 2019, No. 315,§ 2317, eff. 7/24/2019.
Acts 1947, No. 414, § 1; A.S.A. 1947, § 12-2318; Acts 2003, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 3 - VETERANS PREFERENCES (§§ 21-3-301 — 21-3-306) › Section 21-3-303 - Failure to hire veteran

(a)
If requested by the veteran applicant and in addition to the requirements under §
21-3-302(d)
, a hiring official or selection authority for a state agency or institution of higher education subject to the Uniform Classification and Compensation Act, §
21-5-201
et seq., shall submit in writing to the veteran the reason the veteran was not:
(1)
Included on a list of qualified candidates to be interviewed; and
(2)
Selected for the position.
(b)
The written reason provided under this section shall become a part of the employment application records of the state agency or institution of higher education subject to the Uniform Classification and Compensation Act, §
21-5-201
et seq., or a school district as defined under §
6-20-1903
, and be retained for the same period of time as all other employment applications as established by law or agency policy.
Amended by Act 2013, No. 474,§ 2, eff. 8/16/2013.
Amended by Act 2013, No. 444,§ 3, eff. 8/16/2013.
Acts 1947, No. 414, § 3; A.S.A. 1947, § 12-2320; Acts 2003, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 3 - VETERANS PREFERENCES (§§ 21-3-301 — 21-3-306) › Section 21-3-304 - Reduction in force

(a)
A department or agency director or institution of higher education president or chancellor may separate any employee without prejudice because of lack of funds, curtailment of work, or in order to permit reinstatement of employees upon their release from periods of military service from the United States Armed Forces.
(b)
However, no employee as defined by §
21-5-203
shall be separated while there are emergency, intermittent, temporary, provisional, or probationary employees serving in the same class of position in the same department or agency.
(c)
(1)
The order of separation due to reduction in force shall be based upon criteria established by the Statewide Workforce Reduction Policy as issued and administered by the Office of Personnel Management.
(2)
For the purpose of establishing this layoff formula, the veteran's service in the United States Armed Forces shall be considered as service with the department or agency and computed as a part of his or her seniority.
Acts 1947, No. 414, § 5; A.S.A. 1947, § 12-2322; Acts 2003, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 3 - VETERANS PREFERENCES (§§ 21-3-301 — 21-3-306) › Section 21-3-305 - Reemployment

(a)
An employee as defined in §
21-5-203
who has established veterans preference eligibility and has resigned while in good standing or who has been separated without prejudice shall be eligible for reemployment within a period of time no less than the continuous period of his or her service in a department, agency, or institution of higher education, provided that he or she has been certified by the department or agency director or institution of higher education president or chancellor as meeting the current minimum qualifications as to training and experience of the class of position to which he or she is being reemployed.
(b)
Prior to making the minimum qualifications certification, the department or agency director or institution of higher education president or chancellor may require the employee to pass a qualifying examination.
(c)
For the purpose of reemployment eligibility under the provisions of this section, time spent in the United States Armed Forces shall not be counted.
Acts 1947, No. 414, § 4; A.S.A. 1947, § 12-2321; Acts 2003, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 3 - VETERANS PREFERENCES (§§ 21-3-301 — 21-3-306) › Section 21-3-306 - Rights of reservists - Legislative intent

(a)
It is declared to be the intent of the General Assembly that any person who holds an other than temporary position in the employ of the State of Arkansas shall not be denied retention in employment or any promotion or other incident or advantage of employment or transferred involuntarily to another position because the person is a member of a reserve component of the United States Armed Forces.
(b)
The provisions of the reemployment rights protections of §
12-62-413
and the Uniformed Services Employment and Re-employment Rights Act of 1994 as in effect on January 1, 2003, shall be applicable, and the refusal of any state official to comply therewith shall subject him or her to removal from office.
(c)
This section shall be retroactive and shall take effect as of the date of the entry of any state employee into one (1) of the reserve components of the United States Armed Forces.
Acts 1973, No. 406, §§ 1-3; A.S.A. 1947, §§ 12-2352 -- 12-2354; Acts 2003, No. 653, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-501 - Policy - Purpose

(a)
Recognizing the tremendous potential represented by the young people attending Arkansas institutions of higher education, and in due consideration of the great interest of the people of the State of Arkansas in retaining graduates of Arkansas institutions of higher education within the state, with the further conviction that it is in the best interest of all citizens of the state to recruit and retain qualified college graduates within the State of Arkansas government system, and recognizing the great contribution to the educational process that learning experiences within state government can provide, the General Assembly finds and declares that an affirmative effort to provide college students with employment opportunities within state government is important to the welfare and security of this state and nation and, consequently, is an important public service.
(b)
The General Assembly further finds and declares that cooperative education is having, and will continue to have, a major impact on this state in meeting the socially and economically desirable goals of educating and retaining young people within this state.
(c)
It is, therefore, the policy of the General Assembly and the purpose of this subchapter to establish a cooperative education program within the State of Arkansas government system to attract and retain qualified personnel from Arkansas institutions of higher education while at the same time contributing to the educational process through learning opportunities within state government.
Acts 1975, No. 551, § 1; A.S.A. 1947, § 12-2355.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-502 - Definitions

For the purposes of this subchapter:
(1)
"Academic credit" means the recognized unit requirements which students attending eligible institutions must accomplish in order to receive a degree for completion of a two-year or four-year course of study;
(2)
"Arkansas Cooperative Education Advisory Committee" means the committee established by this subchapter to:
(A)
Determine the eligibility of educational institutions;
(B)
Review the operation of the cooperative education program through periodic meetings;
(C)
Make recommendations to the participating institutions, the State Personnel Administrator, and to the General Assembly; and
(D)
Perform all other appropriate functions to provide for the advancement of the cooperative education program;
(3)
(A)
"Cooperative education" means the process of education which formally integrates the student's academic study with work experience in cooperating employer organizations.
(B)
The normal plan is for the student to alternate periods of college study with educational-work experience on assignments which relate to the student's stated career objectives;
(4)
"Eligible institutions of higher education" means any public or private two-year or four-year institution of higher education within the State of Arkansas which:
(A)
Is accredited by the North Central Association of Colleges and Schools, a candidate for such accreditation, or gives satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation;
(B)
Does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and
(C)
Is certified to the State Personnel Administrator by the Arkansas Cooperative Education Advisory Committee as an eligible institution based on the criteria established in §
21-3-508
; and
(5)
"State Personnel Administrator" means the head of the Office of Personnel Management, his or her successor, or the person designated by the State Personnel Administrator to perform the duties assigned to the State Personnel Administrator or to the office.
Acts 1975, No. 551, § 2; A.S.A. 1947, § 12-2356.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-503 - Student employment not restricted

Nothing in this subchapter is to be construed as barring or in any way limiting the employment of students within the State of Arkansas governmental system, even though the student is participating in the cooperative education program at an institution of higher education during employment with the State of Arkansas.
Acts 1975, No. 551, § 9; A.S.A. 1947, § 12-2363.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-504 - Creation and administration

There is established a cooperative education program for hiring qualified students from eligible institutions of higher education within the State of Arkansas to be administered by the State Personnel Administrator and the Arkansas Cooperative Education Advisory Committee, as provided in this subchapter.
Acts 1975, No. 551, § 3; A.S.A. 1947, § 12-2357.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-505 - Arkansas Cooperative Education Advisory Committee

(a)
The Governor shall appoint an Arkansas Cooperative Education Advisory Committee to advise and consult with the State Personnel Administrator in carrying out the administration of this subchapter.
(b)
The State Personnel Administrator shall serve as chair ex officio of the committee, which shall consist of the following:
(1)
Four (4) representatives of the state government system, who shall be appointed for terms of four (4) years, except when a member is appointed to complete an unexpired term; and
(2)
(A)
Five (5) representatives of institutions of higher education appointed from educational institutions with cooperative education or internship programs with the five (5) members selected from the five (5) institutions with the greatest number participating in this program.
(B)
Until such time as experience reveals the number of students in the program, three (3) of the five (5) members shall be appointed from public institutions and two (2) from private institutions.
(c)
(1)
The committee shall meet as frequently as the State Personnel Administrator deems necessary but not less than semiannually.
(2)
Upon request by five (5) or more members of the committee, the State Personnel Administrator shall immediately call a meeting of the committee.
(d)
(1)
The committee shall meet to consider and approve by a favorable vote of five (5) or more members present at such meeting the eligibility of educational institutions having students desirous of applying for the cooperative education program with the State Personnel Administrator.
(2)
Approval shall be considered necessary no more than one (1) time every three (3) years and shall be based upon the criteria established in §
21-3-508
.
(e)
The committee shall further consider, evaluate, and promote cooperative education within the entire system of state government and on the campuses of all eligible institutions of higher education as the committee sees fit.
Acts 1975, No. 551, § 8; A.S.A. 1947, § 12-2362.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-506 - Agency eligibility

All offices, branches, and agencies within state government shall be eligible to participate in the cooperative education program.
Acts 1975, No. 551, § 7; A.S.A. 1947, § 12-2361.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-507 - Student eligibility

A student shall be eligible for a cooperative education placement upon:
(1)
Certification to the State Personnel Administrator by the student's cooperative education program director or coordinator that the student:
(A)
Has completed twenty-four (24) or more college credit hours or their equivalent measure; and
(B)
Is presently enrolled as a full-time student or has completed or will complete the equivalent of twelve (12) college or graduate credit hours in the six-month period prior to taking employment under the cooperative education program; and
(2)
Completion of all other application procedures required by the Office of Personnel Management for the administration of the cooperative education program.
Acts 1975, No. 551, § 5; A.S.A. 1947, § 12-2359.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-508 - School eligibility

In order for any institution of higher education within the State of Arkansas to participate in the cooperative education program, that institution must meet the following criteria, as determined by the Arkansas Cooperative Education Advisory Committee:
(1)
The institution has appointed a director or coordinator whose primary responsibility is the direction of that institution's cooperative education program, for which the director or coordinator receives proportionate compensation or released time from instruction or other administrative duties;
(2)
The institution will grant academic credit toward the student's degree program for the work period within the Arkansas state government system; and
(3)
The institution agrees to and does so provide the committee with a written summary of the evaluation made by the institution of the student's educational-work experience within sixty (60) days of the conclusion of that placement period.
Acts 1975, No. 551, § 4; A.S.A. 1947, § 12-2358.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 3 - RECRUITING, HIRING, AND APPOINTMENT (§§ 21-3-101 — 21-3-802) › Subchapter 5 - COOPERATIVE EDUCATION PROGRAM (§§ 21-3-501 — 21-3-509) › Section 21-3-509 - State Personnel Administrator

(a)
The State Personnel Administrator shall have the responsibility to administer the cooperative education program.
(b)
The duties of the State Personnel Administrator include, but are not limited to:
(1)
Disseminating information on the availability of students through the cooperative education program and collecting requests for employment of cooperative education students;
(2)
Conveying state job opportunity information to eligible institutions, to include job titles, description of duties in general, and salary and wage information;
(3)
Promulgating and collecting application forms;
(4)
Conveying final employment and assignment decisions, in total, to all eligible institutions;
(5)
Keeping all necessary records both for the Office of Personnel Management and, as directed, by the Arkansas Cooperative Education Advisory Committee; and
(6)
All other activities necessary to the orderly and lawful administration of this subchapter and not otherwise specifically delegated by this subchapter.
Acts 1975, No. 551, § 6; A.S.A. 1947, § 12-2360.