Title 21 — Public Officers and Employees

(1) The General Assembly finds that:(1) The State of Arkansas is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and the General Assembly is duty bound to watch over and oppose every infraction of those pr…

(1) 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 licensu…

(a) All acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constit…

(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 …

(1) 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)…

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, …

(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 t…

(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 char…

(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…

(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) A federal justice or judge of the:(i) United States Supreme Court;(ii) United States Court of Appeals; or…

(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 …

(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 …

All official bonds shall be executed for a definite period not to exceed two (2) years.

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 com…

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.

(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 corporati…

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…

(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 f…

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 …

(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 hi…

(1) 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 eff…

(1) As used in this subchapter:(1) “Audit” or “audit report” means an audit or other statutorily allowed financial examination of the books and records;(2) “Commissioner” means the Insurance Commissioner;(3) “County” means the county or counties of the State of Arkansas;(4) “Coun…

(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 part…

(a) There is established the Self-Insured Fidelity Bond Program for the State of Arkansas and the counties, municipalities, and school districts of this state, to be administered by the Governmental Bonding Board. (b) (1) The fidelity bond coverage provided by the program shall c…

(a) There is created the Governmental Bonding Board, which shall be composed of the following five (5) members:(1) The President of the Association of Arkansas Counties;(2) The President of the Arkansas Municipal League;(3) The Commissioner of Elementary and Secondary Education;(…

It is the responsibility of the Governmental Bonding Board to develop and administer the Self-Insured Fidelity Bond Program.

(a) The Insurance Commissioner, at the direction of the Governmental Bonding Board, shall receive and disburse funds necessary for the establishment and operation of the Self-Insured Fidelity Bond Program. (b) The State Risk Manager shall assist in the operations of the program a…

(a) The Legislative Auditor, with the approval of the Legislative Joint Auditing Committee, shall give notice and make proof of loss to the Governmental Bonding Board under the Self-Insured Fidelity Bond Program on behalf of a participating governmental entity when the audit of t…

(a) (1) (A) Upon the receipt of the proof of loss from the Legislative Auditor, the Governmental Bonding Board shall determine whether the loss is covered under the Self-Insured Fidelity Bond Program.(B) The board may withhold claim determination and a loss payment until the inve…

(a) The Governmental Bonding Board, with the assistance of the State Insurance Department, shall prepare a billing certification to be remitted to the:(1) (A) (i) Department of Finance and Administration.(ii) Upon receipt of the billing certification, the Secretary of the Departm…

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a separate fund to be known as the “Self-Insured Fidelity Bond Trust Fund”. (b) (1) No money shall be appropriated from the fund for any purpose except…

A participating governmental entity that participates in the Self-Insured Fidelity Bond Program under this subchapter is considered to have satisfied any other statutorily required bond requirements for the participating governmental entity under state law.

This subchapter shall be known and may be cited as the “Arkansas Self-Funded Cyber Response Program Act”.

(a) The General Assembly finds that:(1) The counties, municipalities, and school districts of this state are increasingly targeted by cyberattacks from malicious actors resulting in substantial risks, damages, and losses;(2) The cost to purchase cybersecurity insurance for covera…

(1) As used in this subchapter:(1) “County” means any county of this state;(2) “Cyber response contact” means a person or entity designated by the Arkansas Cyber Response Board to be the initial contact for a participating governmental entity that is the subject of a cyberattack;…

(a) (1) There is established the Arkansas Self-Funded Cyber Response Program to provide coverage for cybersecurity incidents and risks, damages, or losses caused by a cyberattack that are committed against a participating governmental entity.(2) The program shall be administered …

(a) (1) There is created the Arkansas Cyber Response Board, which shall be composed of the following members:(A) (i) Three (3) members appointed by the Governor, one (1) of whom shall represent counties and one (1) of whom shall represent municipalities.(ii) (a) In addition to th…

(a) At the direction of the Arkansas Cyber Response Board, the Insurance Commissioner shall receive and disburse funds necessary for the establishment and operation of the Arkansas Self-Funded Cyber Response Program. (b) The State Risk Manager shall assist in the operations of th…

(a) Following a cyberattack on a participating governmental entity, the Arkansas Cyber Response Board may establish security requirements for the participating governmental entity that shall be followed in order to maintain the full Arkansas Self-Funded Cyber Response Program und…

(a) Beginning on and after July 1, 2024, the Arkansas Cyber Response Board, with the assistance of the Insurance Commissioner, shall prepare a billing certification to be remitted to the:(1) Department of Finance and Administration; and(2) Chief Fiscal Officer of the State. (1) D…

(a) The Arkansas Self-Funded Cyber Response Program shall be open to the State of Arkansas or a higher education entity to join at any time. (b) Beginning on the date that the State of Arkansas or a higher education entity joins the program, the Arkansas Cyber Response Board, wit…

(a) The employee handbook or manual of every state department, agency, board, commission, and institution of higher education and every employee handbook or manual of every constitutional office shall include the following statement: “The State of Arkansas does not discriminate i…

(a) As used in this section, “statement of selective service status” means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that:(1) The person filing the certif…

For the purposes of this subchapter, “public employer” means any agency, department, board, commission, bureau, council, institution, or other entity of the state supported by appropriation of state or federal funds, or any county or municipality or other political subdivision of…

The prohibitions in this subchapter shall be limited to individuals who are at least forty (40) years of age.

(a) It shall be unlawful for a public employer to:(1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age;(2)…

A.C.A. § 21-3-204Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) Nothing in this subchapter shall be construed to prohibit compulsory retirement of any employee who has attained sixty-five (65) years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making posi…

A.C.A. § 21-3-206Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

Any requirement or rule set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall include rules under this subchapter.