Title 16 — Practice, Procedure, And Courts

This subchapter shall be known and may be cited as the “Successor Corporation Asbestos-Related Liability Fairness Act”.

(1) The General Assembly finds that:(1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations;(2) The viability of thes…

(1) As used in this subchapter:(1) “Asbestos claim” means any civil cause of action, wherever or whenever made, arising out of, based on, or in any way related to asbestos, including the health effects of exposure to asbestos or the installation, presence, or removal of asbestos,…

(a) A successor is not liable for any asbestos claim when the successor's cumulative successor asbestos-related liabilities exceed the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. (b) If the transferor had…

(a) A successor may establish the fair market value of total gross assets for the purpose of § 16-120-604 through any method reasonable under the circumstances, including:(1) By reference to the growing concern value of the assets or to the purchase price attributable to or paid …

(a) Except as provided in subsections (b)-(d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:(1) The prime rate as listed in the first edition of the Wall Street Journal…

The General Assembly has determined that nonprofit corporations serve important functions in providing services and assistance to persons in the state and that, in order for these nonprofit corporations to function effectively, persons serving on the board of directors should not…

(a) Except as otherwise provided by this subchapter, no member of any board, commission, agency, authority, or other governing body of any governmental entity and no member of the board of directors of a nonprofit corporation that holds a valid federal income tax exemption issued…

(a) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations or members of boards, commissions, agencies, authorities, or other governing bodies of any governmental entity which constitute ordinary or gross negligence p…

If a nonprofit corporation transfers assets to a member of the board of directors of the corporation or to another nonprofit corporation in order to avoid claims against corporate assets resulting from a judgment rendered as a result of a suit to recover damages for the negligenc…

(a) As used in this section:(1) “Donor department” means any fire department in Arkansas, including a:(A) Fire department for a suburban improvement district or a subordinate service district of a county;(B) Fire protection district;(C) Municipal fire department; or(D) Volunteer …

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 11-5-117 o…

(a) (1) As used in this section, “agricultural equipment or off-road vehicle” means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose.(2) “Agricultural equipment or off-road vehicle” include…

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's actions involving a handgun lawfully possessed by an emergency medical technician under …

(a) As used in this section:(1) “Federal firearms licensee” means a person licensed under 18 U.S.C. §§ 921-934, as they existed on January 1, 2024;(2) “Firearm” means the same as defined in § 5-1-102; and(3) “Firearm hold agreement” means a transaction between a federal firearms …

(a) As used in this section, “shooting sports event” means an:(1) Event sponsored by the Arkansas State Game and Fish Commission, the Arkansas Game and Fish Foundation, or Arkansas 4-H Foundation, Incorporated; and(2) Instance in which an owner of land or person in control of the…

(a) As used in this section:(1) (A) “Alternative nicotine product” means a product that consists of or contains nicotine from any source that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means.(B) “Alte…

(1) As used in this subchapter:(1) “Civil action for wrongful birth” means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, seeking economic or noneconomic damages for the child because of a condition tha…

(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born. (b) A person is not liable for damages in a civil action for wrongful life based on a cl…

(1) As used in this subchapter:(1) “Divert” means to change the intended course or path of gas, water, or electricity without the authorization or consent of the utility supplier;(2) “Meter tampering” means:(A) Removing metering devices;(B) Connecting wires or other instruments t…

(a) The receipt of benefits because of meter tampering or unauthorized reconnection of utility services by a utility customer without incurring proper charges therefor shall be evidence creating presumption of an intent to defraud or deprive a utility supplier from receiving prop…

(a) Any utility supplier damaged through meter tampering or other acts by any person; including any acts which divert, or cause to be diverted, any utility service by any means whatsoever; or which make, or cause to be made, any unauthorized reconnection with property owned or us…

Civil actions pursuant to the provisions of this chapter shall be commenced within two (2) years following the date of discovery of the violation.

(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods,…

(a) Under the provisions of this chapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hun…

A conviction for violation of § 5-36-103 shall not be a condition precedent to maintenance of a civil action authorized by this chapter, and nothing in this chapter shall prohibit or limit any other course of action a retailer or merchant may have against a person who unlawfully …

This subchapter shall be referred to as the “Arkansas Civil Rights Act of 1993”.

(1) As used in this subchapter:(1) “Because of gender” means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;(2) “Because of national origin” includes without limitation on account of a natural, protective, or cultural hairstyle;(3) “Bec…

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity. (b) It shall not constitute employment discrimination under this subchapter for an employer…

Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities…

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of:(1) Intimidation or harassment;(2) Violence directed against his or her person; or(3) V…

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be…

(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner …

This subchapter shall be known and may be cited as the “Arkansas Fair Housing Act”.

(1) As used in this subchapter:(1) “Housing accommodation” includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one (1) or more persons;(2) “Real esta…

(a) The opportunity to obtain housing and other real estate without discrimination because of religion, race, color, national origin, sex, disability, or familial status as prohibited by this chapter, is recognized and declared to be a civil right. (b) Provided, the provisions of…

(a) A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, sex, disability, or familial status of a person or a person residing with that person:(1) Refuse to engage in a real estat…

(a) A person to whom application is made for financial assistance or financing in connection with a real estate transaction or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, or a representative of that person, shall not:…

(a) A condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, sex, disability, or familial status is void, exce…

A person shall not represent, for the purpose of inducing a real estate transaction from which the person may benefit financially, that a change has occurred or will or may occur in the composition, with respect to religion, race, color, national origin, sex, disability, or famil…

(1) Two (2) or more persons shall not conspire to, or a person shall not:(1) Retaliate or discriminate against a person because the person has opposed a violation of this subchapter, or because the person has made a charge, filed a complaint, testified, assisted, or participated …

A person shall not violate the terms of an order to an adjustment order made under this subchapter.

(a) (1) A person alleging a violation of this subchapter may bring a civil action for appropriate injunctive relief or damages, or both.(2) As used in subdivision (a)(1) of this section, “damages” means damages for injury or loss caused by each violation of this subchapter, inclu…

(1) The General Assembly recognizes:(1) That the right to seek housing underlies the general public's ability to secure health, safety, and welfare; and(2) Seeks with this subchapter to protect the public's access to fair housing. (1) That the right to seek housing underlies the …

(1) “Aggrieved person” means a person who:(A) Claims to have been injured by a discriminatory housing practice; or(B) Believes that a person will be injured by a discriminatory housing practice that is about to occur; (A) Claims to have been injured by a discriminatory housing pr…

(a) There is created the Arkansas Fair Housing Commission, which shall consist of seven (7) members. (b) The seven (7) members of the Arkansas Fair Housing Commission shall be selected as follows:(1) Five (5) members with knowledge or experience in the fields of real estate, home…

(a) The Arkansas Fair Housing Commission shall adopt rules necessary to implement this subchapter substantially equivalent to those provided in federal fair housing laws and regulations. (b) The commission shall receive, initiate, investigate, seek to conciliate, and, if concilia…

(a) (1) The Governor shall appoint a Director of the Arkansas Fair Housing Commission who shall serve at the pleasure of the Governor.(2) The director shall report to the Secretary of the Department of Inspector General.(3) The Arkansas Fair Housing Commission may fix the compens…

(a) Sections 16-123-310 and 16-123-312 — 16-123-314 do not apply to a single-family house sold or rented by an owner or rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other …