Title 12, Law Enforcement, Emergency Management, and Military Affairs

All officers and enlisted personnel of the organized militia not otherwise assigned may be assigned to the Arkansas State Defense Force for such time and in such manner as prescribed by rules promulgated by the Governor as he or she deems necessary.

Upon the release of officers and enlisted personnel from the Arkansas State Defense Force, they shall resume the status held by them prior to their activation.

(a) All commissioned officers of the National Guard shall be appointed and promoted by the Governor upon recommendation of the Adjutant General and must be citizens of the United States eighteen (18) years of age or older. (b) General officers above the grade of brigadier general…

(a) No person shall be appointed or promoted as a commissioned officer in the National Guard unless he or she shall have passed such examination as to his or her physical, moral, and professional qualifications as may be prescribed by the United States and by this code and the re…

Commissioned officers and warrant officers may be assigned, reassigned, transferred, or detailed to and from units within the National Guard as prescribed by the laws of the United States and this code and the regulations and rules issued thereunder.

(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer:(1) Is refused federal recognition in the grade and branch to which he or she has applied;(2) Has had federal recognition withd…

The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment, and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the National Guard s…

The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the National Guard for a period not to exceed six (6) months after the termination of an emergency declared by him…

An enlisted person discharged from service shall receive a discharge in writing in such form as may be prescribed by the Governor.

An enlisted person of the National Guard may be dropped from the rolls under such regulations as the Governor may prescribe.

An enlisted person dropped as a deserter may be restored to duty by the Governor and will thereafter serve for such period added to the time served prior to desertion as will amount to the full term for which that person enlisted.

Each officer, warrant officer, and enlisted person ordered for duty by the Governor or under his or her authority by the commanding general of the National Guard shall be paid by the state for every day actually on duty the same basic pay as officers and enlisted personnel of the…

(a) Members of boards and commissions created by this code and all military personnel, detailed to serve on any board or commission ordered by the Governor, or under his or her authority by the commanding general of the National Guard, or on any court of inquiry, court-martial, o…

(a) Any commissioned officer assigned to special duty by the Governor or under his or her authority shall be paid for the time actually employed, and his or her necessary traveling expenses and subsistence, when such payment is authorized by the Governor. (b) Judge advocates shal…

(a) All expenses incurred while on duty or assembled therefor by order of the Governor, upon the request of either the judge, sheriff of a county, or mayor of a city, in aid of the civil authorities, in case of riot, tumult, breach of peace, or resistance to process of this state…

Members of the Arkansas National Guard or militia, during the period in which they are in the active service of the state pursuant to orders of the Governor as provided by law, shall be entitled to coverage and benefits of the workers' compensation law for state employees, §§ 11-…

Any member of the Arkansas National Guard who is also an employee of the State of Arkansas and is called to state military active duty and receives compensation therefor shall not be deemed to be receiving compensation in an amount greater than that established by the General Ass…

(a) The Board of Trustees of the Arkansas Public Employees' Retirement System is authorized to enter into agreements with the National Guard Bureau, or the appropriate federal agency, for including within the membership of the Arkansas Public Employees' Retirement System, as crea…

(a) As used in this section, “state-sponsored life insurance program” means life insurance exclusively offered to the members of the Arkansas National Guard by the National Guard Association of Arkansas, Inc. (b) The Adjutant General is the official sponsor of the Arkansas Nation…

The organized militia shall be privileged from arrest during their attendance at muster and attendance at drills and in going to and returning from attendance at muster and drills in all cases except treason, felony, and breach of the peace.

No person belonging to the organized militia shall be served with any civil process while going to, remaining at, or returning from any place at which he or she may be required to attend for military duty.

(a) Members of the militia ordered into the active service of the state by any proper authority shall not be civilly or criminally liable for any act or acts done by them in the performance of their duty. (b) (1) When an action or proceeding of any nature shall be commenced in an…

(a) No physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall be liable for damages for personal injury, including death caused by negligence or…

(a) All lawsuits pending in any court of this state in which an attorney for any party is a member of a reserve component of the United States Armed Forces and who has been ordered to a period of active duty, pursuant to a written order issued by the authority of the President of…

The military forces of the organized militia with official insignia displayed, while on authorized duty, shall not be restricted by municipal traffic regulations. They shall have the right of way on any street or highway through which they may pass against all, except carriers of…

All others who shall hinder, delay, or obstruct any unit or portion of the organized militia wherever parading or performing any military duty, or who shall attempt to do so, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollar…

Any person belonging to the organized militia shall, together with the conveyance in his or her charge and property of the state in his or her charge, be allowed to pass free through all tollgates and over all ferries if he or she is in uniform or presents an order for duty or ce…

(a) In lieu of state and city automobile tags, each active member of the Arkansas Army National Guard and the Air National Guard shall be required to affix to their respective automobile or pick-up truck, if used as personal conveyance and not used for commercial purposes, a regu…

(a) Any resident of the State of Arkansas who was in or called to military or naval service in the Army, Navy, Marine Corps, Coast Guard, Merchant Marine Corps, Women's Army Auxiliary Corps, Women's Auxiliary Volunteer for Emergency Service, Nurses, and all other branches of the …

(a) Any person who interrupts, molests, or insults by abusive words or behavior, or obstructs any officer or soldier of the organized militia while on duty, either at parade, drill meeting for military improvement, or other military duty may be immediately put and kept under guar…

(a) A person who is called to active state duty as a member of the United States Armed Forces is afforded such employment and reemployment rights, privileges, benefits, and protections in employment as though that person had been called to active duty in the service of the United…

(a) A member of the National Guard or reserve component of the United States Armed Forces who is a resident of this state and who is ordered to active duty or state active duty to a duty station located outside of this state shall be allowed an extension for:(1) Renewing a state:…

(a) The General Assembly recognizes that:(1) Modern warfare and the corresponding advancements in weapons require a higher level of intelligence and skill and, therefore, a better educated soldier. Minimum enlistment criteria are increasing with the passage of time and the advent…

(1) As used in this subchapter:(1) “Approved institution” means an Arkansas public or private postsecondary institution that is accredited or has achieved candidacy status from the Higher Learning Commission or is a technical institute or comprehensive lifelong learning center un…

(a) There is established the Arkansas National Guard Student Loan Repayment Program, which shall provide for the repayment of loans secured by qualified applicants who are eligible members of the Arkansas National Guard in amounts of up to one thousand dollars ($1,000) in princip…

(a) (1) Qualified applicants for the Arkansas National Guard Student Loan Repayment Program may apply by obtaining an application form from, and signed by, his or her unit commander.(2) The application shall include as an attachment a certification by an appropriate officer of th…

(a) (1) The Adjutant General shall establish, implement, and enforce such administrative rules as are necessary for implementation of the Arkansas National Guard Student Loan Repayment Program.(2) The rules shall include criteria for selection from among applicants in those circu…

This subchapter may be referred to as the Arkansas Soldiers' and Airmen's Civil Relief Act.

(a) Soldiers and airmen of the Arkansas National Guard who are called into active military service for the State of Arkansas are ineligible for civil relief under federal law, namely, the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. App. § 501 et seq. (b) Relief sho…

The purpose of this subchapter is to provide civil relief to soldiers and airmen of the Arkansas National Guard who are called into the extended active military service of the State of Arkansas.

(a) As used in this subchapter, “primary residence” means the place of abode leased by a soldier, an airman, or the spouse of a soldier or airman:(1) That the soldier, airman, or spouse of the soldier or airman has listed as his or her primary residence in the Army Military Human…

(a) A soldier, an airman, or the spouse of a soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman if the soldier or airman is:(1) Ordered to active military service for more than one hund…

(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 maki…

(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 ma…

(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…

(1) 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 dete…