reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-706 - Reopening default judgments

(a)
A default judgment rendered in any civil action against a service member during a period of military service or within thirty (30) days after termination of the military service may be set aside if:
(1)
The person was prejudiced by reason of his or her military service in making a defense to the action;
(2)
Application by the person or his or her legal representative is made to the court rendering the judgment not later than sixty (60) days after the termination of the military service; and
(3)
The application provides enough facts that it appears that the person has a meritorious or legal defense to the action or some part of the action.
(b)
Vacating, setting aside, or reversing any judgment because of any of the provisions of this subchapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment.
Acts 2003, No. 1003, § 6.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-707 - Stay of proceedings

(a)
If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by his or her military service, the court may, on its own motion, stay the proceedings.
(b)
The court may stay the proceedings if the service member or another person on his or her behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.
Acts 2003, No. 1003, § 7.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-708 - Fines and penalties on contracts

(a)
If compliance with the terms of a contract is stayed under this subchapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay.
(b)
If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in military service when the penalty was incurred and his or her ability to pay or perform was materially impaired.
Acts 2003, No. 1003, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-709 - Exercise of rights not to affect future financial transactions

Application by a service member in military service for, or receipt of, a stay, postponement, or suspension under this subchapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following:
(1)
A determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms;
(2)
With respect to a credit transaction between a creditor and a service member:
(A)
A denial or revocation of credit by the creditor;
(B)
A change by the creditor in the terms of an existing credit arrangement; or
(C)
A refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or
(3)
An adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information.
Acts 2003, No. 1003, § 9.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-710 - Stay of execution of judgment

Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of his or her military service, the court may, on its own motion, or upon application to it by the service member or another person on his or her behalf:
(1)
Stay the execution of any judgment or order entered against the service member, as provided in this subchapter; and
(2)
Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this subchapter.
Acts 2003, No. 1003, § 10.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-711 - Duration of stay

(a)
Any stay of an action, proceeding, attachment, or execution ordered by any court under this subchapter may be ordered for the period of military service, plus sixty (60) days after its termination or any part of that time period.
(b)
Where the service member in military service is a codefendant with others, the plaintiff, with leave of the court, may proceed against the others.
Acts 2003, No. 1003, § 11.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-712 - Statutes of limitations affected by military service

The period of military service is not included in computing any period limited by law, rule, or order for bringing an action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person in military service or by or against his or her heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding has accrued before or during the period of military service.
Acts 2003, No. 1003, § 12.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-713 - Maximum rate of interest for state active military service

(a)
An obligation or liability bearing interest at a rate in excess of six percent (6%) per year incurred by a service member in military service before his or her entry into state active military service may not bear interest at a rate in excess of six percent (6%) per year during any part of the period of military service unless, in the opinion of the court and upon application to the court by the obligee, the ability of the service member to pay interest on the obligation or liability at a rate in excess of six percent (6%) per year is not materially affected by reason of his or her service.
(b)
The court may make any order in the action that, in its opinion, is just.
Acts 2003, No. 1003, § 13.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-714 - Eviction or distress of dependents of state active military service members

(a)
(1)
Except as provided in subdivision (a)(2) of this section, a landlord may not evict or take and hold property of a service member or his or her dependents for nonpayment of rent during the service member's period of military service if the rent on the premises occupied by the service member or his or her dependents is less than one thousand two hundred dollars ($1,200) per month.
(2)
If the landlord petitions the court for an order affecting the service member or his or her dependent's right of possession, then a court may allow the landlord to evict and hold the property of a service member or his or her dependents under this subdivision (a)(2).
(b)
In any action affecting the right of possession, the court on its own motion may stay the proceedings for not longer than three (3) months or make any order the court determines to be reasonable and just under the circumstances unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's military service.
(c)
When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises to the extent and for any period as the court determines to be just and reasonable under the circumstances.
(d)
Any person who knowingly takes part, or attempts to do so, in any eviction or distress otherwise than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.
(e)
The Governor may order an allotment of the pay of a service member in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member.
Acts 2003, No. 1003, § 14.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-715 - Installment contracts

(a)
The creditor of a service member who, before entry into military service, has entered into an installment contract for the purchase of real or personal property shall not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.
(b)
The court, upon application to it under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the contract is not materially affected by reason of his or her military service, may:
(1)
Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2)
Order a stay of the proceedings on its own motion or on a motion by the service member or another person on his or her behalf; or
(3)
Make any other disposition of the case it considers to be equitable to conserve the interests of all parties.
(c)
Any person who knowingly repossesses property that is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.
Acts 2003, No. 1003, § 15.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-716 - Mortgage foreclosures

(a)
The creditor of a service member who, before entry into military service, has entered into a mortgage contract with the service member or his or her dependent for the purchase of real or personal property may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.
(b)
The court, upon application under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of his or her military service, may:
(1)
Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2)
Order a stay of the proceedings on its own motion or on motion by the service member or another person on his or her behalf; or
(3)
Make any other disposition of the case as it considers to be equitable to conserve the interests of all parties.
(c)
In order to come within the provisions of this section, the service member or dependent shall establish the following:
(1)
The relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property;
(2)
The obligation originated before the service member's entry into military service;
(3)
The property was owned by the service member or his or her dependent before the commencement of military service; and
(4)
The property is still owned by the service member or his or her dependent at the time relief is sought.
(d)
Any person who knowingly forecloses on property which is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.
Acts 2003, No. 1003, § 16.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-717 - Application for relief

(a)
A person, at any time during his or her period of military service or within sixty (60) days after discharge or termination, may apply to a court for relief in respect of any obligation or liability incurred by the person before his or her period of military service.
(b)
The court, after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of the obligation or liability has not been materially affected by reason of his or her military service, may grant the following relief:
(1)
In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application if made after termination of military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just; or
(2)
In the case of any other obligation or liability, a stay of the enforcement during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application, if made after termination of the period of military service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability if paid when due, and subject to other terms the court considers to be reasonable and just.
(c)
When any court has granted a stay as provided in this section, a fine or penalty may not be accrued for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period with which the terms and conditions of the stay are complied.
Acts 2003, No. 1003, § 17.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 7 - ARKANSAS SOLDIERS' AND AIRMEN'S CIVIL RELIEF ACT (§§ 12-62-701 — 12-62-718) › Section 12-62-718 - Storage liens

(a)
(1)
A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court.
(2)
In the proceeding after hearing the matter, unless in the opinion of the court the ability of a service member to pay storage charges due is not materially affected by reason of his or her military service, the court on its own motion may, and shall on application to it by a service member in military service or another person on his or her behalf:
(A)
Stay the proceedings as provided in this subchapter; or
(B)
Make any other disposition the court considers to be equitable to conserve the interest of all the parties.
(b)
Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a misdemeanor.
Acts 2003, No. 1003, § 18.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-801 - Title

This subchapter shall be known and may be cited as the "Military Service Protection Act".
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-802 - Definitions

As used in this subchapter:
(1)
(A)
"Back pay" means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter.
(B)
"Back pay" shall not include any compensation that would have been earned before two (2) years from the date that the cause of action permitted under this subchapter is initially filed;
(2)
"Compensatory damages" means damages for:
(A)
Back pay and interest on back pay;
(B)
Mental anguish;
(C)
Loss of dignity; or
(D)
Other intangible injuries;
(3)
(A)
"Employee" means a person who performs work or service of any type for compensation on a full-time or part-time basis.
(B)
"Employee" includes an applicant for a position to perform work or service for compensation.
(C)
"Employee" does not include:
(i)
Any individual employed by his or her parents, spouse, or child;
(ii)
An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility;
(iii)
An individual employed outside the State of Arkansas; or
(iv)
An independent contractor;
(4)
"Employer" means a person or entity who employs five (5) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose, or any agent of the person;
(5)
"Military service" means current honorable service or honorable discharge from service within six (6) months from the date of the alleged discrimination in any active or reserve component of the United States armed forces; and
(6)
"Religious organization" means a church or other place of worship that:
(A)
Is located in the state; and
(B)
Provides religious services to its congregation.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-803 - Applicability

(a)
(1)
This subchapter shall not be applicable to any of the following:
(A)
The State of Arkansas;
(B)
A state agency;
(C)
A political subdivision;
(D)
A city of the first class, a city of the second class, or an incorporated town;
(E)
A county;
(F)
A school district;
(G)
A public official; or
(H)
An agency, commission, board, committee, council, or department of any of the entities stated in this subdivision (a)(1).
(2)
This subchapter shall not be construed as creating a cause of action against an entity stated in subdivision (a)(1) of this section.
(b)
The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious organization or other religious entity.
(c)
This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act, §
23-66-201
et seq.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-804 - Construction

(a)
Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.
(b)
(1)
When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994,
38 U.S.C. § 4301
et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994,
38 U.S.C. § 4301
et seq., as in effect on January 1, 2005.
(2)
When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871,
42 U.S.C. § 1983
, as in effect on January 1, 2005.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-806 - Limitation of action

(a)
Except as provided under subsection (b) of this section, an action under this subchapter shall be brought within one (1) year after the alleged violation or discriminatory conduct occurs.
(b)
However, if a service member is deployed for active duty at any time during the one-year period, then an action under this subchapter shall be brought within one (1) year after the end of his or her mobilization.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-807 - Retaliation - Interference - Remedies

(a)
It is unlawful under this subchapter for a person or entity to retaliate or discriminate against a person because the person in good faith:
(1)
Opposed any act or practice made unlawful under this subchapter; or
(2)
Made a claim, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
(b)
It is unlawful to coerce, intimidate, threaten, or interfere with a person in his or her exercise of any right granted or protected under this subchapter.
(c)
A person may avail himself or herself of the same procedures and remedies available under §
12-62-805
for violations of this section.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 62 - MILITARY PERSONNEL (§§ 12-62-101 — 12-62-808) › Subchapter 8 - MILITARY SERVICE PROTECTION ACT (§§ 12-62-801 — 12-62-808) › Section 12-62-808 - Defenses

(a)
It is a defense under this subchapter if an employer establishes that the employer's actions were based on legitimate, nondiscriminatory factors and not on reasons related to military service.
(b)
Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for discrimination that is prohibited under this subchapter, this subchapter shall not 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.
Acts 2005, No. 920, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-63-101 — 12-63-103) › Section 12-63-101 - Reciprocal agreements

The Adjutant General is authorized to enter into reciprocal agreements with the Adjutant General of any surrounding state regarding the loan, lease, or exchange of Arkansas National Guard equipment under his or her authority and control.
Acts 1992 (1st Ex. Sess.), No. 55, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-63-101 — 12-63-103) › Section 12-63-102 - Legislative findings of fact

(a)
(1)
The United States Congress has directed the United States Army to close certain military training posts. Fort Chaffee will be operated by the Adjutant General as a reserve component military training facility. Other agencies, departments, and political subdivisions of the United States or the State of Arkansas will or have indicated an interest to acquire or occupy portions of Fort Chaffee that are not needed for military purposes.
(2)
The Adjutant General is best suited to act as the executive agent of the state to negotiate with the Secretary of the Army and the various tenant agencies for the orderly administration of Fort Chaffee.
(b)
It is necessary for the state to amend certain laws concerning military reservations and to authorize particular activities on Fort Chaffee in order to facilitate administration and operation of Fort Chaffee as a military reservation.
Acts 1997, No. 1201, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-63-101 — 12-63-103) › Section 12-63-103 - Fort Chaffee Redevelopment Authority Public Trust

(a)
The State of Arkansas acknowledges and endorses the establishment of the Fort Chaffee Redevelopment Authority Public Trust, created by Sebastian County, on February 19, 1997, as set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust and pursuant to the provisions of the laws of the state, including specifically §
28-72-201
et seq.
(b)
The Fort Chaffee Redevelopment Authority Public Trust is recognized by the state as the entity to:
(1)
Prepare a comprehensive study of all issues related to the closure and redevelopment of Fort Chaffee Military Base surplus properties and to ensure proper planning and optimal use of the property embodied therein;
(2)
Manage, own, and operate such portions of the base as the United States Department of Defense deems unnecessary to its overall military mission so as to yield the maximum benefit to the residents of affected counties and communities in the state after conversion of those portions; and
(3)
Act for other purposes as enabled and set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust that are in the public interest and serve a public purpose and can best be accomplished by the creation of a public trust vested with the powers and duties specified in the Fort Chaffee Redevelopment Authority Indenture of Trust.
Acts 1997, No. 1201, § 14.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-201 - Definition

For the purpose of this subchapter, the term "military reservation" shall apply to and encompass all lands, buildings, and improvements used for military training purposes on:
(1)
Camp Joseph T. Robinson, both that portion owned by the State of Arkansas and used by the National Guard and that portion owned by the United States, which consists of thirty-one and one-half (31.5) acres more or less, and used by the United States Army Reserve, the United States Navy Reserve, and the United States Marine Corps Reserve;
(2)
Properties licensed by the United States to the State of Arkansas to use and occupy for year-round training and support of the Arkansas Air National Guard;
(3)
Taxiways, runways, and other airport land and improvements used by military aircraft in conjunction with and adjacent to those properties described in subdivision (2) of this section; and
(4)
Fort Chaffee, including that part owned, leased, licensed, operated, maintained, occupied, or controlled by the Adjutant General and that part owned, leased, licensed, operated, maintained, occupied, or controlled by any other component of the active or reserve military forces of the United States, or any other part that is leased, licensed, operated, maintained, occupied, or controlled by any political subdivision, agency, person, firm, corporation, or association for use by the active or reserve military forces of the State of Arkansas and the United States.
Acts 1979, No. 895, § 6; 1983, No. 852, § 6; A.S.A. 1947, § 11-1817; Acts 1997, No. 1201, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-202 - Police officers - Appointment - Qualifications - Removal

(a)
(1)
The Adjutant General, as custodian of military reservations identified in §
12-63-201
, may designate and appoint one (1) or more employees as a police officer or officers for each military reservation, who are peace officers under the laws of this state.
(2)
The police officers appointed under this section shall have all the powers provided by law for city police, county sheriffs, and state police officers, to be exercised as required for maintaining the peace, order, the regulation of traffic, and the security of state and federal property on the following:
(A)
The military reservation; and
(B)
Other real property that:
(i)
Adjoins a military reservation;
(ii)
Is owned, leased, or is otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and
(iii)
The Adjutant General of the State of Arkansas has undertaken to provide with police or security services.
(b)
All police officers appointed pursuant to this subchapter shall meet the standards and qualifications established by the Arkansas Commission on Law Enforcement Standards and Training created by §
12-9-103
.
(c)
The Adjutant General shall have the authority to remove such employee or employees from the execution of such designated duties at his or her pleasure, and the termination of employment as a police officer shall forthwith terminate all peace officer authority of such person.
Acts 1979, No. 895, §§ 1, 11; 1983, No. 852, §§ 1, 9; A.S.A. 1947, §§ 11-1812, 11-1821; Acts 2003, No. 1355, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-203 - Police officers - Powers and duties

(a)
(1)
Except to the extent otherwise limited by the Adjutant General, a police officer appointed under this subchapter shall:
(A)
Protect property;
(B)
Preserve and maintain proper order and decorum;
(C)
Prevent unlawful assemblies and disorderly conduct;
(D)
Exclude and eject persons detrimental to the well-being of the military reservation;
(E)
Prevent trespasses; and
(F)
Regulate the operation and parking of motor vehicles upon and in all of the grounds, buildings, improvements, streets, alleys, and sidewalks of the military reservation.
(2)
All of the duties of police officers listed in subdivision (a)(1) of this section apply equally on other real property that has all of the following characteristics:
(A)
Adjoins a military reservation;
(B)
Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and
(C)
Is real property upon which the Adjutant General has undertaken to provide police or security services.
(b)
(1)
The police officer may exercise police supervision on the following:
(A)
Military reservations;
(B)
Other real property that:
(i)
Adjoins a military reservation;
(ii)
Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and
(iii)
Is real property upon which the Adjutant General has undertaken to provide police or security services.
(2)
As a peace officer, the police officer may:
(A)
Arrest, with or without warrant, any person upon or in the areas described in this subsection who is or is reasonably believed to be committing offense against any law of the State of Arkansas on the military reservation; and
(B)
Deliver that person before any court of competent jurisdiction to be dealt with according to law.
(3)
The police officer may summon a posse comitatus, if necessary.
Acts 1979, No. 895, § 2; 1983, No. 852, § 2; A.S.A. 1947, § 11-1813; Acts 2003, No. 1355, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-204 - Police officers - Evidence of authority

(a)
(1)
Military reservation police officers shall be identified by a shield or badge bearing the name of the military reservation and the words "police officer".
(2)
The shield or badge shall be conspicuously worn when the police officer is on duty.
(b)
The police officer's authorization shall be further evidenced by a certificate of appointment issued by the Adjutant General and carried on his or her person at all times when on duty.
Acts 1979, No. 895, § 1; 1983, No. 852, § 1; A.S.A. 1947, § 11-1812.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-205 - Police officers - Liability

(a)
A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter, who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on the military reservation.
(b)
A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on other real property that has all of the following characteristics:
(1)
Adjoins a military reservation;
(2)
Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and
(3)
Is real property upon which the Adjutant General has undertaken to provide police or security services.
Acts 1979, No. 895, § 9; 1983, No. 852, § 8; A.S.A. 1947, § 11-1820; Acts 2003, No. 1355, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-206 - Jurisdiction of law enforcement officers

(a)
The appointment or designation of any police officer or officers under the authority of this subchapter shall not be deemed to supersede in any way the present authority of the Department of Arkansas State Police, that of the county sheriffs, or that of the peace officers of the jurisdiction in which the military reservation or portions thereof shall be located and on other real property that has all of the following characteristics:
(1)
Adjoins a military reservation;
(2)
Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and
(3)
Is real property upon which the Adjutant General has undertaken to provide police or security services.
(b)
None of the present jurisdiction or powers of the county sheriffs or the department shall be ceded to the police officers or over the land or property or persons on the land.
Acts 1979, No. 895, §§ 1, 8; 1983, No. 852, §§ 1, 7; A.S.A. 1947, §§ 11-1812, 11-1819; Acts 2003, No. 1355, § 4.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-207 - Motor vehicle rules generally

(a)
The Adjutant General is authorized and empowered to promulgate rules, and to amend or change them from time to time as he or she shall deem necessary, providing for the operation and parking of motor vehicles upon the grounds, streets, drives, and alleys on a military reservation, including, but not limited to, the following:
(1)
Limiting the rate of speed;
(2)
Assigning parking spaces and designating parking areas and their use or uses;
(3)
Prohibiting parking as he or she deems necessary;
(4)
Removing motor vehicles parked in violation of the rules at the expense of the violator who shall pay the expense before the motor vehicle is released;
(5)
Instituting a system of motor vehicle registration for the identification and regulation of motor vehicles regularly using the military reservation premises; and
(6)
Instituting a process for administrative adjudication for the violation of a military reservation rule promulgated under this section on a military reservation, which shall include the determination of:
(A)
A reasonable civil penalty;
(B)
The enforcement process for the collection of the civil penalty; and
(C)
A reasonable sanction for noncompliance.
(b)
Rules, together with any amendments thereto, which may from time to time be adopted by the Adjutant General for the regulation of operation and parking of motor vehicles shall be filed with the Secretary of State and shall be printed with copies thereof available at convenient locations at the military reservation or at any separate portion thereof.
(c)
Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.
(d)
From and after the promulgation of the rules provided for in this section, it shall be unlawful for any person to operate or to park a motor vehicle in violation thereof.
Amended by Act 2019, No. 315,§ 940, eff. 7/24/2019.
Amended by Act 2015, No. 682,§ 1, eff. 3/24/2015.
Acts 1979, No. 895, §§ 4, 5; 1983, No. 852, §§ 4, 5; A.S.A. 1947, §§ 11-1815, 11-1816.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-208 - Violations of motor vehicle rules

(a)
(1)
Persons violating rules promulgated under §
12-63-207
shall, at the option of the police officer, be charged under the military reservation's system of charges or summoned to appear before any court of competent jurisdiction to be dealt with according to law.
(2)
A person adversely affected by any administrative determination shall have a right to appeal to the appropriate district court where the matter shall be heard de novo.
(b)
Notice placed on the motor vehicle shall be sufficient as a summons for the purpose of this subchapter.
Amended by Act 2019, No. 315,§ 941, eff. 7/24/2019.
Amended by Act 2015, No. 682,§ 2, eff. 3/24/2015.
Acts 1979, No. 895, § 4; 1983, No. 852, § 4; A.S.A. 1947, § 11-1815.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-209 - Criminal trespass upon a military reservation - Penalty

(a)
A person commits the offense of criminal trespass upon a military reservation if he or she purposefully, and without authority, enters upon or remains unlawfully upon any military reservation, military armory, or other military building or property owned, leased, licensed, operated, occupied, maintained, or under the control or management of the State of Arkansas under the control and management of the Department of the Military.
(b)
Criminal trespass upon a military reservation or other military property is a Class A misdemeanor.
Amended by Act 2019, No. 910,§ 5536, eff. 7/1/2019.
Acts 1979, No. 895, § 3; 1983, No. 852, § 3; A.S.A. 1947, § 11-1814; Acts 1995, No. 951, § 1; 1997, No. 1201, § 4.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-210 - Arrest of trespassers

The commanding officer upon any occasion of duty may place under arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory, or other place devoted to such duty, shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the orderly passage of troops going to or returning from any such duty.
Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-211 - Prohibition of sales, auctions, and gambling

The commanding officer may prohibit and prevent the holding of auction or huckster sales, and all gambling within the limits of the post, camp grounds, place of encampment, parade, or drill under his or her command or within limits not exceeding one (1) mile therefrom as he or she may prescribe. He or she may in his or her discretion abate as common nuisances all such sales.
Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 2 - POLICING AND REGULATION (§§ 12-63-201 — 12-63-212) › Section 12-63-212 - Prosecution of violations - Disposition of fines

(a)
The prosecuting attorney shall appear and prosecute all actions arising in any court under the provisions of this subchapter.
(b)
All fines which may be collected by any court on account of violations of §
12-63-207
or §
12-63-209
shall be paid into the same fund as are fines levied for the same or similar violations by the court hearing the matter.
Acts 1979, No. 895, § 7; A.S.A. 1947, § 11-1818.