reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 5 - PUBLIC EMPLOYEES' POLITICAL FREEDOM ACT OF 1999 (§§ 21-1-501 — 21-1-503) › Section 21-1-502 - Definitions

As used in this subchapter:
(1)
"Elected public official" means the Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, Commissioner of State Lands, a member of the Senate, and a member of the House of Representatives;
(2)
"Public employee" means any person providing services for the State of Arkansas, a county, a municipal corporation, or any other political subdivision of this state for which compensation is paid; and
(3)
"Public employer" means the State of Arkansas and each political subdivision of the State of Arkansas, as defined in §
21-5-603
.
Acts 1999, No. 658, § 2; 2005, No. 1962, § 92.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 5 - PUBLIC EMPLOYEES' POLITICAL FREEDOM ACT OF 1999 (§§ 21-1-501 — 21-1-503) › Section 21-1-503 - Employer not to penalize employee's political activity

(a)
A public employee shall not be prohibited from communicating with an elected public official concerning a matter related to the public employee's job, except for a matter exempted under §
25-19-105
.
(b)
A public employee shall not be prohibited from exercising a right or privilege under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(c)
(1)
It shall be unlawful for any public employer to discipline, to threaten to discipline, to reprimand either orally or in writing, to place any notation in a public employee's personnel file disciplining or reprimanding the public employee, or to otherwise discriminate against a public employee because the public employee exercised the right to communicate with an elected public official or exercised a right or privilege under the Freedom of Information Act of 1967, §
25-19-101
et seq., as granted under this subchapter.
(2)
A public employer shall not be prohibited from disciplining a public employee who has intentionally made an untrue allegation to an elected public official concerning a matter related to the public employee's job.
(d)
Any person willfully violating a provision of this subchapter shall be guilty of a Class A misdemeanor.
Amended by Act 2015, No. 102,§ 1, eff. 7/22/2015.
Acts 1999, No. 658, § 3; 2005, No. 1962, § 93; 2009, No. 771, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-601 - Title

This subchapter shall be known and may be cited as the "Arkansas Whistle-Blower Act".
Acts 1999, No. 1523, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-603 - Public employer conduct prohibited - Good faith communication

(a)
(1)
A public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority:
(A)
The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or
(B)
A violation or suspected violation of a law, rule, or regulation adopted under the law of this state or a political subdivision of the state.
(2)
The communication shall be made at a time and in a manner which gives the public employer reasonable notice of need to correct the waste or violation.
(b)
(1)
For purposes of subsection (a) of this section, a public employee communicates in good faith if there is a reasonable basis in fact for the communication of the existence of waste or of a violation.
(2)
Good faith is lacking when the public employee does not have personal knowledge of a factual basis for the communication or when the public employee knew or reasonably should have known that the communication of the waste or of the violation was malicious, false, or frivolous.
(c)
A public employer shall not take an adverse action against a public employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review.
(d)
A public employer shall not take an adverse action against a public employee because an employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of laws of the state or a political subdivision of the state.
(e)
A public employer shall not take an adverse action against a public employee because of a report of a loss of public funds under §
25-1-124
.
Amended by Act 2015, No. 1103,§ 1, eff. 7/22/2015.
Acts 1999, No. 1523, § 3; 2003, No. 601, § 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-604 - Civil liability - Definition

(a)
A public employee who alleges a violation of this subchapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) calendar days after the occurrence of the alleged violation of this subchapter.
(b)
An action commenced under this section may be brought in the circuit court for the county where the alleged violation occurred, for the county where the complainant resides, or in the Pulaski County Circuit Court if the complaint is filed against an agency, department, or institution of state government.
(c)
To prevail in an action brought under the authority of this section, the public employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee or a person acting on his or her behalf engaged or intended to engage in an activity protected under this subchapter.
(d)
As used in this section, "damages" means damages for a job-related injury or loss caused by each violation of this subchapter, including, but not limited to, fringe benefits, retirement service credit, compensation for lost wages, benefits, and any other remuneration, and reasonable court costs and attorney's fees.
(e)
(1)
A public employer shall have an affirmative defense to a civil action brought by a public employee under this subchapter if the adverse action taken against a public employee was due to employee misconduct, poor job performance, or a reduction in workforce unrelated to a communication made pursuant to §
21-1-603
.
(2)
The public employer must prove the existence of the public employee's misconduct unrelated to the communication by a preponderance of the evidence.
(f)
(1)
In the event the Office of Personnel Management implements an employee grievance mediation program, a public employee or public employer may voluntarily participate in mediation under the office's mediation program if either one wishes to resolve a dispute between them that involves an adverse action taken against the public employee.
(2)
Voluntary mediation shall occur before a civil action in which the public employee and public employer are parties has been initiated in a court.
(3)
The Secretary of the Department of Transformation and Shared Services shall adopt voluntary mediation application and request forms.
Amended by Act 2019, No. 910,§ 6121, eff. 7/1/2019.
Acts 1999, No. 1523, § 4.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-605 - Remedies

(a)
A court in rendering judgment under this subchapter may order any or all of the following remedies:
(1)
An injunction to restrain continued violation of the provisions of this subchapter;
(2)
The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;
(3)
The reinstatement of full fringe benefits and retirement service credit;
(4)
The compensation for lost wages, benefits, and any other remuneration; or
(5)
The payment by the public employer of reasonable court costs and attorney's fees.
(b)
(1)
A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under §
21-1-603
may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter.
(2)
If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under §
21-1-603
, the court shall order that the public employee be:
(A)
Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or
(B)
Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.
Amended by Act 2017, No. 791,§ 1, eff. 8/1/2017.
Acts 1999, No. 1523, § 5.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-606 - Attorney's fees

(a)
A court may order that reasonable attorney's fees and court costs be awarded to an employer if the court determines that an action brought by a public employee under this subchapter is without basis in law or fact.
(b)
A public employee shall not be assessed attorney's fees under this section if, after exercising reasonable and diligent efforts after filing the suit, the public employee files a voluntary nonsuit concerning the employer within sixty (60) calendar days after determining that the employer would not be liable for damages.
Acts 1999, No. 1523, § 6.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-607 - Protection of confidentiality

(a)
This subchapter shall not be construed to permit a disclosure which would diminish or impair the rights of any person or any public official to the continued protection of confidentiality of records or working papers where a statute or the common law provides for protection.
(b)
(1)
All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, §
25-19-101
et seq., except as provided in subdivisions (b)(2) and (3) of this section.
(2)
Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law.
(3)
This section does not apply to the name and identifying information of a state employee eligible to receive a reward under §
21-1-610
who does not request confidentiality under §
21-1-610(g)
.
(c)
This section applies without limitation to communications regarding the existence of waste or of a violation received by a telephone hotline allowing for the reporting of fraud, waste, or abuse in government.
Amended by Act 2015, No. 1103,§ 2, eff. 7/22/2015.
Acts 1999, No. 1523, § 7.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 6 - ARKANSAS WHISTLE-BLOWER ACT (§§ 21-1-601 — 21-1-610) › Section 21-1-608 - Notification of rights

(a)
A public employer shall use appropriate means to notify its public employees of their protection and obligations under this subchapter.
(b)
(1)
A public employer shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (81/2" x 11") in size that:
(A)
Informs a public employee of the provisions of this subchapter;
(B)
Describes an appropriate authority to whom the public employee may communicate in good faith regarding the existence of waste or of a violation; and
(C)
If a telephone hotline exists for the reporting of fraud, waste, or abuse in government, contains the number of the telephone hotline.
(2)
Arkansas Legislative Audit shall:
(A)
Prepare the printed sign under subdivision (b)(1) of this section; and
(B)
Make the sign available electronically on its internet website in a format that allows it to be printed by a public employer for posting in compliance with subdivision (b)(1) of this section.
Amended by Act 2015, No. 1103,§ 3, eff. 7/22/2015.
Acts 1999, No. 1523, § 8.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 7 - STATE EMPLOYEE GRIEVANCES (§§ 21-1-701 — 21-1-704) › Section 21-1-701 - Definitions

As used in this subchapter:
(1)
(A)
"Employee" means a person regularly appointed or employed in a position of state service by a state agency for which:
(i)
He or she is compensated on a full-time basis or on a pro rata basis; and
(ii)
A class title and pay grade are established in the appropriation act for the agency or institution in accordance with the Uniform Classification and Compensation Act, §
21-5-201
et seq.
(B)
"Employee" does not include a supervisory employee;
(2)
"Grievance" means an employee's complaint resulting from a termination or suspension;
(3)
(A)
"State agency" means a board, commission, department, division, or office of state government within the executive branch.
(B)
"State agency" does not include:
(i)
An institution of higher education;
(ii)
A public school district;
(iii)
The Arkansas Department of Transportation; and
(iv)
The Arkansas State Game and Fish Commission; and
(4)
"Supervisory employee" means an individual having:
(A)
Authority in the interest of a state agency to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees of the state agency; or
(B)
If his or her exercise of authority requires the use of independent judgment and is not of a merely routine or clerical nature, the responsibility to direct other employees of the state agency by which he or she is employed.
Amended by Act 2019, No. 1054,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 66, eff. 8/1/2017.
Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.
See Act 2013, No. 1448, § 2.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 7 - STATE EMPLOYEE GRIEVANCES (§§ 21-1-701 — 21-1-704) › Section 21-1-703 - [Repealed]

Repealed by Act 2019, No. 1054,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 791,§ 2, eff. 8/1/2017.
Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 7 - STATE EMPLOYEE GRIEVANCES (§§ 21-1-701 — 21-1-704) › Section 21-1-704 - [Repealed]

Amended by Act 2019, No. 910,§ 6122, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3490, eff. 7/1/2019.
Repealed by Act 2019, No. 1054,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 791,§ 3, eff. 8/1/2017.
Added by Act 2013, No. 1448,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 8 - COLLECTIVE BARGAINING (§§ 21-1-801 — 21-1-804) › Section 21-1-801 - Definitions

As used in this subchapter:
(1)
(A)
"Public employee" means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a public employer.
(B)
"Public employee" includes without limitation a state employee under §
21-1-610
.
(C)
"Public employee" does not include a:
(i)
Public safety officer, including without limitation a:
(a)
Law enforcement officer; and
(b)
Firefighter; and
(ii)
Public transit system employee whose public employer is a recipient of a federal grant administered by the Federal Transit Administration;
(2)
"Public employer" means:
(A)
An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the state, including the offices of the various Arkansas elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
(B)
A state-supported college, university, technical college, community college, or other institution of higher education or a department, division, or agency of a state institution of higher education;
(C)
The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and prosecuting attorneys' offices; and
(D)
A public school district, school, or an office or department of a public school district in Arkansas; and
(3)
"Strike" means a refusal to work organized by two (2) or more public employees as a form of protest in an attempt to gain a concession or concessions from a public employer.
Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 8 - COLLECTIVE BARGAINING (§§ 21-1-801 — 21-1-804) › Section 21-1-802 - Collective bargaining prohibited

(a)
A public employer shall not recognize a labor union or other public employee association as a bargaining agent of public employees.
(b)
A public employer shall not collectively bargain or enter into any collective bargaining contract with a labor union or other public employee association or its agents with respect to any matter relating to public employees, public employees' employment with a public employer, or public employees' tenure with a public employer.
Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 8 - COLLECTIVE BARGAINING (§§ 21-1-801 — 21-1-804) › Section 21-1-803 - Prohibited activities

(a)
A public employee willfully refuses to perform the duties of his or her employment with a public employer when, acting in concert with one (1) or more public employees, he or she:
(1)
Strikes or walks away from the duties of his or her employment with the public employer;
(2)
Physically obstructs the activity or operation of the public employer; or
(3)
Physically impedes the operations of a public employer.
(b)
A public employee who violates subsection (a) of this section shall be terminated by the public employer.
(c)
A public employee terminated under subsection (b) of this section is ineligible for employment with a public employer in any position or capacity for twelve (12) months after being terminated for willfully refusing to perform the duties of his or her employment with a public employer.
(d)
A public employer shall include in the public employer's personnel manual a statement that willfully refusing to perform the duties of his or her employment with a public employer constitutes grounds for dismissal.
Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 8 - COLLECTIVE BARGAINING (§§ 21-1-801 — 21-1-804) › Section 21-1-804 - Public employee associations

Public employees may form associations for the purpose of promoting the public employees' interests before a public employer.
Added by Act 2021, No. 612,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 9 - ARKANSAS SOVEREIGNTY ACT OF 2021 (§§ 21-1-901 — 21-1-906) › Section 21-1-901 - Title

This subchapter shall be known and may be cited as the "Arkansas Sovereignty Act of 2021".
Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
This subchapter was originally enacted as Chapter 6 of Title 1.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 9 - ARKANSAS SOVEREIGNTY ACT OF 2021 (§§ 21-1-901 — 21-1-906) › Section 21-1-903 - Definitions

As used in this subchapter:
(1)
"Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, that infringes upon, calls into question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory; and
(2)
"Firearm" means a self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.
Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 9 - ARKANSAS SOVEREIGNTY ACT OF 2021 (§§ 21-1-901 — 21-1-906) › Section 21-1-905 - Enumerated rights

(a)
All federal acts, laws, orders, rules, and regulations that were enacted on or after January 1, 2021, that infringe on the enumerated rights under Arkansas Constitution, Article 2, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
(b)
(1)
The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law:
(A)
A public officer or employee of this state; or
(B)
A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.
(2)
The persons and prohibitions described under subdivision (b)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the rights described under subsection (a) of this section.
(c)
An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights described under subsection (a) of this section upon conviction is guilty of an unclassified misdemeanor.
Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-906) › Subchapter 9 - ARKANSAS SOVEREIGNTY ACT OF 2021 (§§ 21-1-901 — 21-1-906) › Section 21-1-906 - Exceptions

This subchapter shall not be construed to prohibit or otherwise limit a state law enforcement officer, state employee, or employee of a political subdivision of the state from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(1)
Law enforcement activity related to a federal ban, as defined under §
21-1-903(1)
; or
(2)
The investigation of a violation of a federal ban, as defined under §
21-1-903(1)
.
Added by Act 2021, No. 1012,§ 1, eff. 7/28/2021.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-101 - Officers commissioned by Governor

Each Justice of the Supreme Court, judge of a circuit court, presiding judge of a county court, the Secretary of State, the Auditor of State, prosecuting attorney, sheriff, coroner, clerk of a circuit court, county treasurer, county surveyor, notary public, justice of the peace, judge of a district court, mayor of a city or town, and militia officer elected or appointed in this state shall be commissioned by the Governor.
Rev. Stat., ch. 27, § 1; C. & M. Dig., § 1428; Pope's Dig., § 1675; Acts 1955, No. 24, § 1; A.S.A. 1947, § 12-201.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-102 - Commission fee and duplicate oath to be forwarded to Secretary of State

(a)
(1)
With the exception of judges elected at the nonpartisan judicial general election without a runoff, all civil and military state and county officers who are required by law to be commissioned by the Governor are required to forward the legal fee for their commissions to the Secretary of State within sixty (60) days after their election.
(2)
All judges elected at the nonpartisan judicial general election without a runoff are required to forward the legal fee for their commissions to the Secretary of State within sixty (60) days after the November general election.
(3)
Within fifteen (15) days after the commissions have been received, the officers shall forward their duplicate oaths to the Secretary of State to be recorded and filed in his or her office.
(b)
(1)
In case any officer, elected or appointed and commissioned by the Governor, shall fail or neglect to apply for or procure his or her commission from the office of the Secretary of State within the time specified in subsection (a) of this section or shall, after the commission has been obtained, fail or neglect to forward to the office of the Secretary of State his or her duplicate oath for recordation in that office, within the time specified, then the office to which that person was commissioned shall be deemed vacant.
(2)
The Governor, on being satisfied from the official records of the office of the Secretary of State, by reason of any of the causes enumerated in this section, shall proceed to fill the vacancy in the manner provided by law.
Acts 1875 (Adj. Sess.), No. 21, §§ 1, 2, p. 22; C. & M. Dig., §§ 1430, 1431; Pope's Dig., §§ 1677, 1678; A.S.A. 1947, §§ 12-202, 12-206; Acts 2003, No. 1298, § 1.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-103 - Sending commission fees directly to Treasurer of State - Issuance of commission

(a)
Any officer entitled to a commission may send the fee for the commission to the Treasurer of State, who shall at once execute duplicate receipts for the fee.
(b)
(1)
The Treasurer of State shall present the receipts to the Auditor of State, who shall countersign them and charge the amount therein specified to the Treasurer of State.
(2)
The Treasurer of State shall then file one (1) of the receipts with the Auditor of State and the other with the Secretary of State, and the Secretary of State shall immediately forward the commission to the officer.
Acts 1883, No. 50, § 3, p. 73; C. & M. Dig., § 1429; Pope's Dig., § 1676; A.S.A. 1947, § 12-205.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-104 - District, county, and township officers - Issuance of commissions - Collection of fees

(a)
(1)
The Secretary of State is authorized, after each general election in this state, and as soon as the full returns of the election in any county are received by him or her, to issue and forward the commissions of all the newly elected district, county, and township officers required by law to be commissioned to the county or circuit clerks of the respective counties for delivery to the person entitled to them.
(2)
The clerks shall collect the fees required to be paid for the commissions, before the delivery thereof, and return the fee, or the commissions when default is made, to the Secretary of State.
(3)
The Secretary of State shall account for the fee to the State Treasury as directed in §
21-6-202
.
(b)
It shall be the duty of the county clerk, upon receipt of the commissions from the Secretary of State for the several officers of his or her county, to notify each elected officer of the receipt of the commission and to enter the commission in a well-bound book which shall be kept for that purpose and shall be ruled and divided into columns in the following order:
(1)
Name of officer;
(2)
Title of office;
(3)
Date of commission;
(4)
Date of qualification; and
(5)
Mailing address.
Acts 1875, No. 77, § 1, p. 167; 1881, No. 40, §§ 1, 2, p. 73; A.S.A. 1947, §§ 12-203, 12-204.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-105 - Administration of oaths generally

(a)
(1)
The Governor shall take the oath of office before:
(A)
A justice or judge of the:
(i)
Supreme Court;
(ii)
Court of Appeals;
(iii)
Circuit court; or
(iv)
District court;
(B)
The county clerk; or
(C)
The clerk of the circuit court.
(2)
The justices of the Supreme Court, judges of the Court of Appeals, judges of the circuit courts, judges of the district court, Secretary of State, Treasurer of State, and Auditor of State shall take their oaths before:
(A)
The Governor;
(B)
A justice or judge of the:
(i)
Supreme Court;
(ii)
Court of Appeals;
(iii)
Circuit court; or
(iv)
District court;
(C)
The clerk of the county court; or
(D)
The clerk of the circuit court.
(3)
All other officers, both civil and military, shall take their oaths before:
(A)
The Secretary of State or his or her official designee;
(B)
A justice or judge of the:
(i)
Supreme Court;
(ii)
Court of Appeals;
(iii)
Circuit court;
(iv)
District court; or
(v)
County court;
(C)
The clerk of the county court;
(D)
The clerk of the circuit court;
(E)
A justice of the peace;
(F)
A clerk of a city of the first class; or
(G)
A recorder of a city of the second class or incorporated town.
(b)
However, if the officer is serving in or with the United States Armed Forces, he or she may take the oath of office before any commissioned officer in active service of the United States Armed Forces with the rank of second lieutenant or higher in the United States Army, United States Air Force, or United States Marine Corps, or ensign or higher in the United States Navy or United States Coast Guard.
(c)
The oath shall not be rendered invalid by failure to recite a venue or to state the place of execution of the oath, nor is a special form of jurat of affidavit or any authentication thereof required, provided it appears on the instrument that the person taking the oath is a commissioned officer provided for in this section.
(d)
(1)
If necessary, a county or district official listed under subsection (a) of this section may act as a holdover officer and administer the oath of office to any incoming county or district official, including without limitation his or her successor.
(2)
Upon the completion of the oath:
(A)
The outgoing officer immediately vacates his or her position; and
(B)
The incoming officer assumes all the rights, privileges, and duties of his or her respective office.
Amended by Act 2021, No. 424,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 194,§ 1, eff. 7/24/2019.
Rev. Stat., ch. 106, § 1; Acts 1845, § 1, p. 61; C. & M. Dig., § 8074; Pope's Dig., § 10403; Acts 1945, No. 3, § 1; 1977, No. 531, § 1; A.S.A. 1947, § 12-207; Acts 1999, No. 641, § 1; 2009, No. 633, § 19; 2011, No. 582, § 1; 2011, No. 612, § 1.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-106 - Endorsement of oath on commission

(a)
It shall be the duty of every officer administering the oath of office to any officer of this state to endorse the oath on the commission of the officer.
(b)
However, if the officer is serving in or with the United States Armed Forces at the time his or her oath is taken and the oath is taken before a commissioned officer in the manner provided in §
21-2-105
, the oath may be attached to the commission of the officer whose oath is taken in lieu of being endorsed thereon.
Rev. Stat., ch. 106, § 4; C. & M. Dig., § 8075; Pope's Dig., § 10404; Acts 1945, No. 3, § 2; A.S.A. 1947, § 12-208.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-107 - Bonds of state, county, and district officers generally

(a)
The official bonds of all state, county, and district officers required by law to furnish official bonds shall be executed by those officials as principal and shall be executed by some surety company authorized to do business in Arkansas as surety.
(b)
(1)
The official bonds of all state officers covered by subsection (a) of this section shall be filed in the offices of the Secretary of State and the Auditor of State, with the original's being filed in the office of the Secretary of State and a true and correct copy thereof filed in the office of the Auditor of State.
(2)
The official bonds of all county officers covered by subsection (a) of this section shall be filed in the office of the recorder in the county in which the officers are elected or appointed.
(3)
The official bonds of all district officers covered by subsection (a) of this section shall be filed in the office of the recorder of the county in which the district officer resides.
(c)
The recorders of the various counties whose duty it is to file the bonds under the provisions of this section, shall maintain a special record book and shall record therein each official bond filed as provided in this section.
(d)
When the original of any bond provided for or covered by this section is lost or destroyed, the record of the bond provided for in this section shall be deemed the original, and suit may be instituted on the recorded bond.
(e)
When any bond is required of any officer as described in subsection (a) of this section, then the Governor, county judge, mayor, or board of directors of the political entity affected may, in their discretion, make an order providing that the State Treasury or the treasury of a county, city, town, or district shall be drawn upon for the purpose of paying, and in such amount as may be necessary to pay, the expenses of premiums of surety bonds required by this section.
(f)
This section is cumulative and supplemental to all existing statutes. It shall repeal, alter, or modify them only where in direct conflict therewith.
Acts 1937, No. 329, §§ 1-7, 9; Pope's Dig., §§ 10415-10421, 10423; Acts 1939, No. 89, § 1; A.S.A. 1947, §§ 12-212 -- 12-219.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-108 - Duration of bond

All official bonds shall be executed for a definite period not to exceed two (2) years.
Acts 1975, No. 331, § 3; A.S.A. 1947, § 12-240.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-109 - Payment of premium on bonds

If state, county, or city officials, including officials of incorporated towns, required to give bond for the faithful performance of their duties and the paying over of funds which may come into their hands shall elect to make a corporate surety bond in a guaranty or bonding company authorized to do business within the state, then the state, county, city, or incorporated town, as the case may be, shall pay the premium on the bonds.
Acts 1927, No. 85, § 1; Pope's Dig., § 10439; A.S.A. 1947, § 12-220.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-110 - Liability of surety generally

The surety on an official's bond shall be liable for losses or other liabilities covered by the bond which occur within the term to which the bond applies, regardless of when the loss or liability is discovered.
Acts 1975, No. 331, § 2; A.S.A. 1947, § 12-239.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-111 - Discharge of sureties on official bonds

(a)
(1)
Any person bound as surety in any bond given by an officer for the faithful performance of the duties of his or her office, whether the office is held under an election or an appointment by the laws of the state or by any ordinance or resolution of any municipal corporation in this state, or by appointment by a board of any municipal corporation in this state, may be discharged from all future liability on the official bond upon his or her petition in writing adduced to the court authorized by law to take and approve the official bond.
(2)
In the event the bond is not required to be approved by a particular court, then his or her petition in writing shall be adduced to the circuit court of the county in which the bond is given and required to be filed.
(b)
The petition shall set forth the facts upon which the application for a discharge is founded and shall be verified by the affidavit of the petitioner.
(c)
(1)
A notice in writing of the intended application, together with a copy of the petition, shall be personally served on the principal in the bond at least twenty (20) days before the making of the application.
(2)
If the principal in the bond has been absent from the state for the period of six (6) months, the publication of notice and petition, for three (3) successive weeks, in some newspaper printed in this state shall be a sufficient service of notice.
(d)
(1)
The court to whom the petition is addressed shall hear the application and may, on examination thereof, in its discretion, make an order requiring the principal in the bond to give new bond and security for the performance of his or her official duties.
(2)
If new bond and security is given, it shall be taken, approved, filed, and recorded in the same manner that the official bond of the officer is required by law to be taken, approved, and recorded.
(3)
When a new bond is taken, approved, and filed, it shall immediately operate as a discharge of all the securities on the former bond from all liability arising from any subsequent misconduct or default of the principal therein. The securities on the former bond shall thenceforth be liable on that bond only for breaches thereof which happened prior to the taking, approving, and filing of the new bond.
Rev. Stat., ch. 137, §§ 10-16; Acts 1899, No. 14, § 1, p. 13; C. & M. Dig., §§ 8297-8303; Pope's Dig., §§ 10874-10880; A.S.A. 1947, §§ 12-228 -- 12-234.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-112 - Remedy of surety against principal and cosureties

Any person bound as a security in any bond given by an officer to secure the faithful performance of his or her duties, who shall pay any money he or she shall have been liable to pay by reason of the bond, shall have the same right and remedy against the principal and cosureties as are provided in this section and §
21-2-111
against principal and security in bonds, bills, or notes for the payment of money or the delivery of property.
Rev. Stat., ch. 137, § 17; C. & M. Dig., § 8304; Pope's Dig., § 10881; A.S.A. 1947, § 12-237.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-113 - Discrepancies in accounts - Effect on surety

(a)
If any discrepancies are found in the accounts of an officer, the Auditor of State and the county clerk shall immediately notify the bonding company, and the penalties as prescribed in §§
26-39-215
,
26-39-501
, and
26-39-502
shall not apply until sixty (60) days have expired from the official notification.
(b)
(1)
(A)
If the accounts are found to be correct, then, after final settlement has been made, the county clerk shall issue a quietus to the officer and shall forward a copy to the Auditor of State.
(B)
Issuance of a quietus shall automatically release bondsmen or sureties of the official from any and all liability on the bond in force for the term or part thereof covered by the final settlement.
(2)
However, if any discrepancy is found in the account of the county clerk or circuit clerk, the county judge shall immediately notify the bonding company.
Acts 1927, No. 85, § 4; Pope's Dig., § 10443; A.S.A. 1947, § 12-236.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-114 - Bond required of people employed by public officials

Each public official or employee of this state, or political subdivision thereof, who has appointed deputies or employed individuals who handle any funds for the performance of their duties shall bond the deputies and employees in those amounts which he or she deems necessary to indemnify the state or political subdivision for any loss or mishandling of funds by the deputies or employees.
Acts 1975, No. 331, § 1; 1975 (Extended Sess., 1976), No. 1186, § 1; A.S.A. 1947, § 12-238; reen. Acts 1987, No. 1023, § 1.
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 1 - GENERAL PROVISIONS (§§ 21-2-101 — 21-2-115) › Section 21-2-115 - Persons in United States Armed Forces - Oath - Bond

(a)
(1)
Any person in the United States Armed Forces who has been granted leave of absence under §§
21-4-301
-
21-4-304
and
21-4-306
-
21-4-313
may take and subscribe the official oath of office required by the Arkansas Constitution and statutes of this state at any time after his or her election and before he or she enters upon the duties of his or her office.
(2)
The oath may be administered by any officer of this state or of any other state or of the United States or of any foreign country who may administer oaths.
(b)
The person taking and subscribing the official oath of office under the terms of this section must cause the oath of office, together with the attestation of the oath or office, to be filed with the Secretary of State before entering upon the duties of his or her office.
(c)
(1)
Any person enumerated in subsection (a) of this section who is required by law to enter into a bond for the faithful performance of the duties of the office may execute and file the bond at any time within thirty (30) days after he or she shall have taken the official oath of office.
(2)
If the bond is not executed and filed within that time, the office shall be deemed and considered vacant.
Acts 1945, No. 5, §§ 1-3; A.S.A. 1947, §§ 12-209 -- 12-211; Acts 2005, No. 1962, § 95.
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 21-2-701 - Purpose

It is found and determined that:
(1)
The State of Arkansas and the counties, municipalities, and school districts of the State of Arkansas are expending large sums of money each year for premiums on blanket bonds for officers and employees;
(2)
Considerable savings might be effected by the establishment of a self-insured fidelity bond program for any fraudulent or dishonest act committed by any state officials and employees, county officials and employees, municipal officials and employees, and school district officials and employees;
(3)
This subchapter is designed to establish a governmental bonding board to develop a self-insured fidelity bond program for participating governmental entities; and
(4)
This subchapter is designed to provide that self-insured fidelity bonds would be in lieu of the various fidelity blanket bonds that are presently required under this chapter for various officials and employees and to thereby effectuate substantial savings in the cost of fidelity blanket bonds for those officials and employees.
Amended by Act 2021, No. 367,§ 1, eff. 7/28/2021.
Acts 1987, No. 728, § 1.
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 21-2-703 - Coverage in lieu of statutory fidelity bonds

(a)
(1)
The fidelity bond coverage provided under this subchapter shall be in lieu of all statutorily required fidelity bonds for any fraudulent or dishonest act or acts committed by the various public officers, officials, and employees of a participating governmental entity participating in the Self-Insured Fidelity Bond Program.
(2)
The various laws specifically requiring fidelity bonds or fidelity blanket bonds for the respective public officials, officers, and employees shall not be applicable so long as the fidelity bonds as provided in this subchapter are in effect covering the officials, officers, and employees.
(b)
In the event coverage ceases to be provided for any fraudulent or dishonest act or acts committed by any public officials, officers, or employees pursuant to this subchapter, the laws currently in effect providing for fidelity bonds or fidelity blanket bonds shall again become applicable to the public officials, officers, and employees.
Amended by Act 2023, No. 826,§ 3, eff. 8/1/2023.
Amended by Act 2021, No. 367,§ 3, eff. 7/28/2021.
Acts 1987, No. 728, § 14.